[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11759]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AG46

 

Disease Subject To Presumptive Service Connection (Cancer of the 
Urinary Tract)

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) has amended its 
adjudication regulations concerning presumptive service connection for 
certain diseases resulting from exposure to ionizing radiation during 
military service. Congress has added cancer of the urinary tract to the 
list of radiogenic conditions for which presumptive service connection 
is authorized, but did not indicate which entities it considers part of 
the urinary tract. This amendment is intended to define the term 
``urinary tract'' for VA purposes.

EFFECTIVE DATE: October 1, 1992.

FOR FURTHER INFORMATION CONTACT: Caroll McBrine, M.D., Consultant, 
Regulations Staff, Compensation and Pension Service, Veterans Benefits 
Administration, (202) 233-3005.

SUPPLEMENTARY INFORMATION: VA published in the Federal Register of 
October 5, 1993 (58 FR 51798-99) a proposed amendment to 38 CFR 
3.309(d) to define the term ``urinary tract'' for purposes of 
implementing the presumption of service connection for urinary tract 
cancers based on exposure to ionizing radiation established in the 
Radiation Exposure Amendments of 1992, Public Law 102-578. Interested 
parties were invited to submit written comments on or before November 
4, 1993. Since no comments were received on the proposed rule, the 
final rule is adopted as proposed, effective October 1, 1992, the date 
provided by Public Law 102-578.
    The Secretary hereby certifies that this regulatory amendment will 
not have a significant economic impact on a substantial number of small 
entities as they are defined in the Regulatory Flexibility Act (RFA), 5 
U.S.C. 601-612. The reason for this certification is that this 
amendment would not directly affect any small entities. Only VA 
beneficiaries could be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this amendment is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.

    The Catalog of Federal Domestic Assistance program numbers are 
64.104 and 64.109.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure, Claims, Handicapped, Health 
care, Pensions, Veterans.

    Approved: January 31, 1994.
Jesse Brown,
Secretary of Veterans Affairs.

    For the reasons set out in the preamble, 38 CFR part 3 is amended 
as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

    1. The authority citation for part 3, subpart A, continues to read 
as follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

    2. In Sec. 3.309, paragraph (d)(2)(xv), add a note at the end to 
read as follows:


Sec. 3.309  Disease subject to presumptive service connection.

* * * * *
    (d) * * *
    (2) * * *
    (xv) Cancer of the urinary tract.

    Note: For the purposes of this section, the term ``urinary 
tract'' means the kidneys, renal pelves, ureters, urinary bladder, 
and urethra.
* * * * *
[FR Doc. 94-11759 Filed 5-13-94; 8:45 am]
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