Department of Veterans Affairs.
This document amends the Department of Veterans Affairs regulation containing delegations of authority to the Assistant to the Secretary for Regulation Policy and Management. The amendments are intended to reflect changes in delegations of authority and to comply with Executive Order 12866 as recently amended, which requires that the position of Regulatory Policy Officer in each agency be filled by a Presidential Appointee.
Effective Date: June 22, 2007.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Robert C. McFetridge, Assistant to the Secretary for Regulation Policy and Management (00REG), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, telephone (202) 273-9215.End Further Info End Preamble Start Supplemental Information
The Office of Regulation Policy and Management (ORPM) provides centralized management and coordination of the rulemaking process in the Department of Veterans Affairs (VA). The office is led by the Assistant to the Secretary for Regulation Policy and Management (ASRPM). This final rule amends the delegations of authority at 38 CFR 2.6(l) for the ASRPM.
On January 18, 2007, the President signed Executive Order 13422, Further Amendment to Executive Order 12866 on Regulatory Planning and Review (72 FR 2763, Jan. 23, 2007). Under section 6(a)(2) of Executive Order 12866 as amended, each agency head was required, within 60 days of the amendment, to designate one of the agency's Presidential Appointees to the position of Regulatory Policy Officer. The Secretary of Veterans Affairs timely designated the Deputy Secretary of Veterans Affairs as VA's Regulatory Policy Officer, a position previously delegated in 38 CFR 2.6(l)(3) to the ASRPM, who is not a Presidential Appointee. As this final rule provides, the ASRPM has been delegated authority to serve as the Deputy Regulatory Policy Officer.
The Regulatory Policy Officer is required under section 6(a)(2) of Executive Order 12866 to be involved in each stage of the regulatory process to foster the development of effective, innovative, and least burdensome regulations and to further the principles set forth in the Executive Order. As amended, Executive Order 12866 also requires, in new section 9, that each agency take such steps as are necessary for its Regulatory Policy Officer to ensure the agency's compliance with that section's requirements concerning advance notification of significant guidance documents to the Office of Management and Budget's Office of Information and Regulatory Affairs.
This final rule amends the delegations of authority for the ASRPM at § 2.6(l) in accordance with recent delegations of authority by the Secretary concerning rulemaking and significant guidance documents. As amended, § 2.6(l)(3) reflects that the ASRPM has been delegated authority to serve as the Deputy Regulatory Policy Officer, to perform staff functions under the Department's Regulatory Policy Officer, and to perform other delegated functions in accordance with Executive Order 12866.
Administrative Procedure Act
This document's publication as a final rule with no delay in its effective date is pursuant to 5 U.S.C. 553, which exempts matters pertaining to agency organization and internal agency management from its notice-and-comment and delayed effective date requirements.
Executive Order 12866
Under the exemption in section 3(d)(3) of Executive Order 12866 for regulations limited to agency organization, management, or personnel matters, this document is not subject to the Executive Order's review requirements.
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 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 given year. This rule will have no such effect on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act of 1995
This document contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The initial and final regulatory flexibility analysis requirements of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 601-612, are not applicable to this rule, because a notice of proposed rulemaking is not required for this rule. Even so, the Secretary hereby certifies that this regulatory amendment will not have a Start Printed Page 34395significant economic impact on a substantial number of small entities as they are defined in the Regulatory Flexibility Act. This amendment will not directly affect any small entities. Therefore, this amendment is also exempt pursuant to 5 U.S.C. 605(b) from the initial and final regulatory flexibility analysis requirements of sections 603-604.
Catalog of Federal Domestic Assistance
There are no Catalog of Federal Domestic Assistance program numbers for this rule.Start List of Subjects
List of Subjects in 38 CFR Part 2End List of Subjects Start Signature
Approved: June 15, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
For the reasons set forth in the preamble,End Amendment Part Start Part
PART 2—DELEGATIONS OF AUTHORITYEnd Part Start Amendment Part
1. The authority citation for part 2 continues to read as follows:End Amendment Part Start Amendment Part
2. Amend § 2.6 by:End Amendment Part Start Amendment Part
a. In paragraph (l)(1), removing “Secretary” and adding, in its place, “Secretary, the Deputy Secretary,”.End Amendment Part Start Amendment Part
b. Revising paragraph (l)(3).End Amendment Part
The revision reads as follows:
(l) * * *
(3) To serve as the Deputy Regulatory Policy Officer, to perform staff functions under the Regulatory Policy Officer, and to perform other delegated functions in accordance with Executive Order 12866.
[FR Doc. E7-12058 Filed 6-21-07; 8:45 am]
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