Federal Register - March 23, 2021
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Source: Federal Register
15413
Federal Register / Vol. 86, No. 54 / Tuesday, March 23, 2021 / Rules and Regulations is not available in a Seaway Traffic Control Center, the vessel shall provide
information enabling the preparation of an SDS.
8. In schedule II to subpart A of part 401, under Table of Speeds, revise the entries for 3. Upper Entrance, Upper Beauharnois Lock, and 4. Lake St.
Francis D1 to read as follows:
SCHEDULE II TO SUBPART A OF PART 401TABLE OF SPEEDS 1
From
Maximum speed over the bottom, knots
To
Col. III
3. Upper Entrance, Upper Beauharnois Lock
4. Lake St. Francis D1
Lake St. Francis D1 9 upb; 10. 5
dnb.
Lake St. Francis D49 12
Issued at Washington, DC, under authority delegated at 49 CFR part 1.101Great Lakes St. Lawrence Seaway Development Corporation.
Carrie Lavigne, Chief Counsel.
Col. IV
11 upb; 13
dnb 12
The Department of Veterans Affairs VA amends the regulation governing use of service department records as new evidence to remove the words Joint Services Record Research Center. This change is necessary because the U.S. Department of Army, Records Management and Declassification Agency RMDA has realigned its records research activities and the Joint Services Record Research Center JSRRC no longer exists.
DATES: This final rule is effective March 23, 2021.
FOR FURTHER INFORMATION CONTACT:
Robert Parks, Chief, Part 3 Regulations Staff 211D Compensation Service 21C, Veterans Benefits Administration, Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, 202 4619450. This is not a toll-free telephone number.
SUPPLEMENTARY INFORMATION: The purpose of this amendment is make a
technical change to VA regulations, without substantive effect, by removing reference to the Joint Services Records Research Center JSRRC in title 38, Code of Federal Regulations CFR, 3.156c2. The U.S. Department of Army, Records Management and Declassification Agency RMDA has realigned its records research activities and the Joint Services Record Research Center JSRRC no longer exisits. The JSRRC was a research office that provided support to the Department of Veterans Affairs VA, acting as an intermediary to conduct multi-service research of official military unit records for information that may verify an incident described by a veteran in a claim for disability compensation.
Although the JSRRC no longer exists, the military unit records that were the subject of JSRRC research have not been impacted. Those records remain in the custody of the U.S. military and will be researched by VA as appropriate in the course of adjudicating claims for VA
benefits. This amendment does not impact existing standards governing VAs duty to assist a claimant, under 38
U.S.C. 5103A, in obtaining evidence necessary to substantiate a claim.
Currently, 38 CFR 3.156c provides that VA will reconsider a previously decided claim if VA receives or associates with the claims file relevant official service department records that existed and had not been associated with the claims file when VA first decided the claim. Moreover, 38 CFR
3.156c2 provides examples of service department records that do not qualify, and references the situation where the claimant had not provided, when VA
decided the claim, sufficient information for VA to identify and
obtain the records from the respective service department, the Joint Services Records Research Center, or from any other official source. This regulatory change removes from that section the reference to the JSRRC because it no longer exists. However, this change does not alter the essential import of the provision, as the JSRRC was only listed as an example of an official source from which VA could have obtained the records. The essential standard remains that nonqualifying records include those where the claimant had not provided sufficient information for VA to identify and obtain the records from any official source. Where the JSRRC
existed at the time that VA decided the claim, the JSRRC would, in general, continue to qualify as an official source at that time for purposes of 3.156c2. For claims adjudicated after the JSRRC ceased to exist, the military records themselves previously researched by the JSRRC remain available for research by VA as an official source of records, as indicated above.
1 Maximum speeds at which a vessel may travel in the identified area in both normal and high water
conditions are set out in this schedule. The Manager and the Corporation will, from time to
time, designate the set of speed limits that is in effect.
FR Doc. 202105504 Filed 32221; 8:45 am BILLING CODE 491061P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900AR12
New Evidence Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
SUMMARY:
VerDate Sep<11>2014
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Administrative Procedure Act VA finds that there is good cause under the provisions of 5 U.S.C.
553bB and d to publish this final rule without prior opportunity for public comment and with immediate effect. Namely, the removal of reference to JSRRC is minor, does not impact the applicable standard, aligns the regulation with an organizational change within the military that is outside of VAs control, and does not involve VAs exercise of policy-making discretion. Continuing to reference a non-existent research entity in the regulation would create the potential for
E:FRFM23MRR1.SGM
23MRR1
