Rule2021-23911
Release of Information From Department of Veterans Affairs' Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 4, 2021
Effective
December 6, 2021
Issuing agencies
Veterans Affairs Department
Abstract
This document amends the Department of Veterans Affairs' (VA) regulations governing the submission and processing of requests for information under the Freedom of Information Act (FOIA).
Full Text
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<title>Federal Register, Volume 86 Issue 211 (Thursday, November 4, 2021)</title>
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[Federal Register Volume 86, Number 211 (Thursday, November 4, 2021)]
[Rules and Regulations]
[Pages 60770-60771]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-23911]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 1
RIN 2900-AR39
Release of Information From Department of Veterans Affairs'
Records
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
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SUMMARY: This document amends the Department of Veterans Affairs' (VA)
regulations governing the submission and processing of requests for
information under the Freedom of Information Act (FOIA).
DATES: This rule is effective December 6, 2021.
FOR FURTHER INFORMATION CONTACT: Catherine Nachmann, Attorney, Office
of General Counsel (024), Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420, (202) 461-7742 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION: On April 1, 2019, VA published a final rule
in the Federal Register [84 FR 12122]. The final rule amended VA's
regulations pertaining to release of information under 5 U.S.C. 552 and
implementation of the FOIA, codified at 38 CFR 1.550 through 1.562, and
implemented amendments in the FOIA Improvement Act of 2016, Public Law
114-185, and those governing release of information from claimant
records protected under the Privacy Act of 1974, namely 38 CFR 1.577(c)
and (e) and 1.580. VA also amended the regulations to clarify sections
as needed and streamline VA processes regarding release of information.
VA is now revising its regulation at 38 CFR 1.552, General
Provisions, to change VA FOIA Service's website address. A Notice of
Proposed Rulemaking is not required because no substantive changes are
being proposed.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary of Veterans Affairs hereby certifies that this final
rule will not have a significant economic impact on a substantial
number of small entities as they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601-612. The provisions of this rulemaking
only involve internal agency processes and no entities outside of VA.
This final rule does not concern fees. Therefore, pursuant to 5 U.S.C.
605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
Administrative Procedure Act
The Secretary of Veterans Affairs finds that there is good cause
under the provisions of 5 U.S.C. 553(b)(B) to publish this rule without
prior opportunity for public comment. Publication as a final rule will
allow individuals who want to access VA FOIA Service's website to do so
without delay or the additional effort required to access another
website address after redirection. Delay in updating the address would
be contrary to the public interest because currently, individuals who
seek information about VA's FOIA program are directed to a non-
functioning website. To facilitate public access to such information,
VA is issuing this rule as a final rule without a comment period.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in an expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any year. This final rule would have no such effect on
state, local, and tribal governments, or on the private sector.
Catalog of Federal Domestic Assistance
There is no Catalog of Federal Domestic Assistance number for the
program affected by this final rule.
Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
the Office of Information and Regulatory Affairs designated this rule
as not a major rule, as defined by 5 U.S.C. 804(2).
List of Subjects in 38 CFR Part 1
Administrative Practice and Procedure, Archives and Records,
Cemeteries, Claims, Courts, Crime, Flags, Freedom of information,
Government Contracts, Government Employees, Government Property,
[[Page 60771]]
Infants and Children, Inventions and Patents, Parking, Penalties,
Privacy, Reporting and Recordkeeping Requirements, Seals and Insignia,
Security Measures, and Wages.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on October 26, 2021, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, VA amends 38 CFR part 1 as
follows:
PART 1--GENERAL PROVISIONS
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1. The authority citation for part 1 continues to read as follows:
Authority: 38 U.S.C. 501(a).
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2. In Sec. 1.552, revise paragraph (a) to read as follows.
Sec. 1.552 General provisions.
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(a) Additional information. Information regarding VA's FOIA and
Privacy Act process generally, including how to file FOIA requests, and
information made available by VA under the FOIA, is available at the
following internet address: <a href="https://www.va.gov/foia">https://www.va.gov/foia</a>.
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[FR Doc. 2021-23911 Filed 11-3-21; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on November 4, 2021.
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