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Federal Register/Vol. 69, No. 194/Thursday, October 7, 2004

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Federal Register/Vol. 69, No. 194/Thursday, October 7, 2004 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Rules and Regulations 60083 Regulations Branch, Office of drawback requested on the drawback war are decided fairly, consistently, and Regulations and Rulings, U.S. Customs entry. This is determined as follows: based on all available medical and Border Protection. However, * * * * * information concerning the diseases personnel from other offices I 4. In § 191.171, a new paragraph (c) is associated with detention or internment participated in its development. added to read as follows: as a prisoner of war. DATES: List of Subjects in 19 CFR Part 191 This interim final rule is § 191.171 General; drawback allowance. effective October 7, 2004. Comments Claims, Commerce, CBP duties and * * * * * must be received on or before November inspection, Drawback. (c) Merchandise processing fees. In 8, 2004. cases where the requirements of Amendments to the Regulations ADDRESSES: Written comments may be paragraph (b)(1) of this section have submitted by: mail or hand-delivery to I For the reasons stated above, part 191 been met, merchandise processing fees Director, Regulations Management of the CBP Regulations (19 CFR part 191) will be eligible for drawback. (00REG1), Department of Veterans is amended as follows: Approved: October 4, 2004. Affairs, 810 Vermont Ave., NW., Room Robert C. Bonner, 1068, Washington, DC 20420; fax to PART 191 — DRAWBACK Commissioner, U.S. Customs and Border (202) 273–9026; e-mail to I 1. The general authority citation for Protection. [email protected]; or, through part 191 continues to read as follows: Timothy E. Skud, http://www.Regulations.gov. Comments Deputy Assistant Secretary of the Treasury. should indicate that they are submitted Authority: 5 U.S.C. 301; 19 U.S.C. 66, 1202 in response to ‘‘RIN 2900–AM09.’’ All [FR Doc. 04–22599 Filed 10–6–04; 8:45 am] (General Note 23, Harmonized Tariff comments received will be available for Schedule of the United States), 1313, 1624. BILLING CODE 4820–02–P public inspection in the Office of Regulation Policy and Management, I 2. Section 191.3(a)(4) and (b)(2) are Room 1063B, between the hours of 8 revised as follows: DEPARTMENT OF VETERANS a.m. and 4:30 p.m., Monday through AFFAIRS § 191.3 Duties and fees subject or not Friday (except holidays). Please call (202) 273–9515 for an appointment. subject to drawback. 38 CFR Parts 1 and 3 (a) Duties and fees subject to FOR FURTHER INFORMATION CONTACT: drawback include: RIN 2900–AM09 David Barrans, Deputy Assistant * * * * * General Counsel (022D), Office of Presumptions of Service Connection General Counsel, Department of (4) Merchandise processing fees (see for Diseases Associated With Service Veterans Affairs, 810 Vermont Avenue, § 24.23 of this chapter) for unused Involving Detention or Internment as a NW., Washington, DC 20420, (202) 273– merchandise drawback pursuant to 19 Prisoner of War 6332. U.S.C. 1313(j), and drawback for substitution of finished petroleum AGENCY: Department of Veterans Affairs. SUPPLEMENTARY INFORMATION: VA is derivatives pursuant to 19 U.S.C. ACTION: Interim final rule. revising its regulations to include a new 1313(p)(2)(A)(iii) or (iv). provision, codified at 38 CFR 1.18, SUMMARY: The Department of Veterans (b) * * * establishing guidelines for determining Affairs (VA) is issuing this interim final whether to establish new presumptions (2) Merchandise processing fees (see rule to establish guidelines for of service connection for any disease § 24.23 of this chapter), except where establishing presumptions of service associated with service involving unused merchandise drawback pursuant connection for diseases associated with detention or internment as a prisoner of to 19 U.S.C. 1313(j) or drawback for service involving detention or war. VA is also amending its substitution of finished petroleum internment as a prisoner of war. In adjudication regulations at 38 CFR derivatives pursuant to 19 U.S.C. accordance with those guidelines, this 3.309(c) to add atherosclerotic heart 1313(p)(2)(A)(iii) or (iv) is claimed; and interim final rule also establishes disease or hypertensive vascular disease * * * * * presumptions of service connection for and stroke to the list of diseases VA will I 3. In § 191.51, paragraph (b)(2) atherosclerotic and hypertensive heart presume to be associated with service introductory text is revised to read as disease and for stroke disease arising in involving detention or internment as a follows: former prisoners of war. These rules are prisoner of war (POW), and to reflect necessary because claims based on statutory changes. These new § 191.51 Completion of drawback claims. service involving detention or presumptions of service connection * * * * * internment as a prisoner of war present reflect VA’s determination that (b) * * * unique medical issues and because presumptions for heart disease and (2) Merchandise processing fee factors including the lack of stroke are warranted by application of apportionment calculation. Where a contemporaneous medical records the guidelines set forth in § 1.18. drawback claimant seeks unused during periods of captivity and the merchandise drawback pursuant to 19 relatively small body of available Guidelines for Identifying POW U.S.C. 1313(j), or drawback for medical information present obstacles to Presumptive Conditions substitution of finished petroleum substantiating claims for service- Statutory and regulatory standards derivatives pursuant to 19 U.S.C. connected benefits based on prisoner-of- currently exist to guide VA in 1313(p)(2)(A)(iii) or (iv), for a war service. By establishing guidelines identifying diseases associated with merchandise processing fee paid for identifying diseases associated with exposure to herbicide agents, hazards of pursuant to 19 U.S.C. 58c(a)(9)(A), the service involving detention or service in the Gulf War, and ionizing claimant is required to correctly internment as a prisoner of war, these radiation. See 38 U.S.C. 1116 and 1118; apportion the fee to that merchandise rules will help VA to ensure that claims 38 CFR 1.17. VA has determined that it that provides the basis for drawback for service-connected benefits for would be helpful to establish standards when calculating the amount of disability or death of former prisoners of to guide VA in identifying diseases VerDate jul<14>2003 14:38 Oct 06, 2004 Jkt 205001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\07OCR1.SGM 07OCR1 60084 Federal Register / Vol. 69, No. 194 / Thursday, October 7, 2004 / Rules and Regulations associated with service involving prescribe all rules and regulations that for VA’s review of the medical evidence detention or internment as a POW and are necessary or appropriate to carry out concerning the association between the establishing new presumptions of the laws administered by VA, including POW experience and particular diseases service connection for such diseases. regulations with respect to the nature and to establish presumptions of service We are establishing a new provision at and extent of proof necessary to connection when the evidence 38 CFR 1.18 setting forth guidelines for establish entitlement to benefits under reasonably establishes an association. such determinations. The guidelines are such laws. Pursuant to that authority, We are setting forth the guidelines VA substantially similar to the above- the Secretary may establish reasonable will apply in a new regulation at 38 CFR referenced existing guidelines, with evidentiary presumptions of service 1.18. Paragraph (a) of § 1.18 states VA’s minor differences necessary to reflect connection for diseases. The Secretary policy to establish presumptions of considerations unique to former POWs. has determined that presumptions of service connection for former POWs VA is authorized to provide service connection are particularly when necessary to prevent denials of compensation and other benefits for appropriate for former POWs. benefits in significant numbers of disability or death due to disease or Veterans who were detained or meritorious claims. injury incurred in or aggravated by interned as POWs generally were Paragraph (b) of § 1.18 states the service. To establish service connection subjected to unique hardships including standard VA will apply in determining for a disease or injury, a claimant malnutrition, torture, physical and whether a presumption of service ordinarily must provide evidence, with psychological abuse, and a lack of connection is warranted. That paragraph VA’s assistance, establishing that the adequate medical care. Although POW states that the Secretary may establish a claimed disease or injury was incurred experiences have varied with time, presumption of service connection for a in or aggravated by service. Statutory place, and other factors, certain disease when there is ‘‘at least limited/ and regulatory presumptions of service hardships are so prevalent across the suggestive evidence that an increased connection relieve claimants of this spectrum of POW experience as to risk of such disease is associated with evidentiary burden in certain support the presumption that POWs as service involving detention or circumstances by directing VA a group have incurred similar health internment as a prisoner of war and an adjudicators to presume that certain risks. The lack of contemporaneous association between such detention or diseases were incurred in or aggravated personnel and health records to internment and the disease is by service unless evidence shows document
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