Eligibility of Disabled Veterans and Members of the Armed Forces With Severe Burn Injuries for Financial Assistance in the Purchase of an Automobile or Other Conveyance and Adaptive Equipment, 66419-66421 [2012-26607]
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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules
(i) For airplanes with 600 or more hours
time-in-service (TIS) as of the effective date
of this AD: Within 30 days after the effective
date of this AD or within the next 25 hours
time-in-service (TIS) after the effective date
of this AD, whichever occurs first, and
repetitively thereafter at intervals not to
exceed 100 hours TIS or 12 months,
whichever occurs first,
(ii) For airplanes with less than 600 hours
TIS as of the effective date of this AD: Within
30 days after accumulating 600 hours TIS or
within 25 hours TIS after accumulating 600
hours TIS, whichever occurs first, and
thereafter at intervals not to exceed 100 hours
TIS or 12 months, whichever occurs first.
(2) If a crack is found during any
inspection required by paragraph (f)(1) of this
AD, before further flight, replace the
applicable hinge support(s) with an
airworthy part.
WREIER-AVILES on DSK5TPTVN1PROD with PROPOSALS
(g) Credit for Actions Accomplished in
Accordance With Previous Service
Information
This AD provides credit for the actions
required in this AD if already done before the
effective date of this AD following
Costruzioni Aeronautiche TECNAM Service
Bulletin No. SB 102–CS–Rev1, dated June 29,
2012; or Costruzioni Aeronautiche TECNAM
Service Bulletin No. SB 102–CS–Rev2, dated
July 3, 2012.
(h) Other FAA AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Albert Mercado, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4119; fax: (816) 329–
4090; email: albert.mercado@faa.gov. Before
using any approved AMOC on any airplane
to which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(3) Reporting Requirements: For any
reporting requirement in this AD, a federal
agency may not conduct or sponsor, and a
person is not required to respond to, nor
shall a person be subject to a penalty for
failure to comply with a collection of
information subject to the requirements of
the Paperwork Reduction Act unless that
collection of information displays a current
valid OMB Control Number. The OMB
Control Number for this information
collection is 2120–0056. Public reporting for
this collection of information is estimated to
be approximately 5 minutes per response,
including the time for reviewing instructions,
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completing and reviewing the collection of
information. All responses to this collection
of information are mandatory. Comments
concerning the accuracy of this burden and
suggestions for reducing the burden should
be directed to the FAA at: 800 Independence
Ave. SW., Washington, DC 20591, Attn:
Information Collection Clearance Officer,
AES–200.
(i) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2012–0146, dated
August 6, 2012; and Costruzioni
Aeronautiche TECNAM Service Bulletin No.
SB 102–CS–Rev2, dated July 3, 2012, for
related information. For service information
related to this AD, contact Costruzioni
Aeronautiche TECNAM Airworthiness
Office, Via Maiorise—81043 Capua (CE) Italy;
telephone: +39 0823 620134; fax: +39 0823
622899; email: m.oliva@tecnam.com or
g.paduano@tecnam.com; Internet: www.
tecnam.com/it-IT/documenti/servicebulletins.aspx. You may review copies of the
referenced service information at the FAA,
Small Airplane Directorate, 901 Locust,
Kansas City, Missouri 64106. For information
on the availability of this material at the
FAA, call (816) 329–4148.
Issued in Kansas City, Missouri, on
October 25, 2012.
James E. Jackson,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2012–26968 Filed 11–2–12; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 3
RIN 2900–AO31
Eligibility of Disabled Veterans and
Members of the Armed Forces With
Severe Burn Injuries for Financial
Assistance in the Purchase of an
Automobile or Other Conveyance and
Adaptive Equipment
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its
adjudication regulation regarding a
certificate of eligibility for financial
assistance in the purchase of an
automobile or other conveyance and
adaptive equipment. The amendment is
necessary to incorporate statutory
changes made by the Veterans’ Benefits
Act of 2010.
DATES: Written comments must be
received on or before January 4, 2013.
Applicability Date: VA would apply
this rule to all claims for benefits
received on or after October 1, 2011.
ADDRESSES: Written comments may be
submitted through
SUMMARY:
PO 00000
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66419
www.Regulations.gov; by mail or handdelivery to Director, Regulations
Management (02REG), Department of
Veterans Affairs, 810 Vermont Ave.
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
(This is not a toll-free number.)
Comments should indicate that they are
submitted in response to RIN 2900–
AO31 ‘‘Eligibility of Disabled Veterans
and Members of the Armed Forces with
Severe Burn Injuries for Financial
Assistance in the Purchase of an
Automobile or Other Conveyance and
Adaptive Equipment.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8:00
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll-free number.) In
addition, during the comment period,
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Nancy Copeland, Consultant,
Regulations Staff (211D), Compensation
Service, Veterans Benefits
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420, (202) 461–9487.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Section
803 of Public Law 111–275, the
Veterans’ Benefits Act of 2010, amended
subsection 3901(1)(A) of title 38, United
States Code (U.S.C.), by reformatting the
statute and adding ‘‘severe burn injury
(as determined pursuant to regulations
prescribed by the Secretary)’’ as one of
the disabilities that VA will consider
when making a determination of
eligibility for financial assistance in the
purchase of an automobile or other
conveyance and adaptive equipment.
Pursuant to the authority granted to the
Secretary in 38 U.S.C. 501(a) and
3901(1)(A)(iv), as added by the
Veterans’ Benefits Act of 2010, VA
proposes to amend 38 CFR 3.808 to
define the term ‘‘severe burn injury.’’
The purpose of 38 U.S.C. 3901 and
3902 is to provide an automotive
allowance and adaptive equipment to
veterans having certain severe
disabilities that may impair their ability
to operate a standard motor vehicle.
Prior to the enactment of the Veterans’
Benefits Act of 2010, the automobile
allowance was authorized only for the
loss or permanent loss of use of one or
both hands or feet or for permanent
impairment of vision of both eyes. In
discussing the proposed extension of
this benefit to veterans with severe burn
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WREIER-AVILES on DSK5TPTVN1PROD with PROPOSALS
66420
Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules
injuries, the Chairman of the Senate
Committee on Veterans’ Affairs
explained that, ‘‘[d]ue to the severe
damage done to their skin, individuals
with these disabilities experience
difficulty operating a standard
automobile not equipped to
accommodate their disabilities’’ and
that the proposed legislation ‘‘would
help them obtain vehicles with special
adaptations for assistance in and out of
the vehicle, seat comfort, and climate
control.’’ 156 Cong. Rec. S7656 (daily
ed. Sept. 28, 2010) (statement of
Chairman Akaka).
For purposes of determining
eligibility of disabled veterans and
members of the Armed Forces for
financial assistance in the purchase of
an automobile or other conveyance and
adaptive equipment, VA proposes to
define severe burn injury as a disability
resulting from a severe burn that is a
deep partial thickness or full-thickness
burn resulting in scar formation that
causes contractures and limits motion of
one or more extremities or the trunk and
precludes effective operation of an
automobile.
Skin that has experienced deep partial
and full-thickness burns is never
restored to normal. In a deep partial
thickness burn, there is complete
destruction of the epidermis and severe
damage to the dermal layer. Healing
may occur with hypertrophic scars and
keloid formation. In a full-thickness
burn, there is complete destruction of
the epidermis and dermis, and there
may be some damage to the underlying
subcutaneous fat layer. Scar tissue from
these types of burns is thin, fragile, and
prone to chronic ulceration. Scars
resulting from these burns may cause
disfigurement. The most frequent cause
of disability is burn scar contracture.
This residual prohibits movement of a
joint in its normal range of motion and
influences not only the underlying joint
but also the adjacent joints. Burn scar
contracture is not only limited to the
extremities but also can occur as a result
of burns to the trunk, resulting in
postural impairments.
Although full-thickness burns are
generally more disabling than deep
partial thickness burns, depending upon
location, a deep partial thickness burn
may result in more scarring with
contracture limiting motion and,
therefore, be more disabling than a fullthickness burn. For example, a deep
partial thickness burn resulting in
limited motion may involve an
important joint such as a thumb, hand,
or elbow which are more crucial in
operating an automobile than other
joints. Additionally, some individuals
tend to be significant scar formers based
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13:58 Nov 02, 2012
Jkt 229001
on race and ethnicity. For example, one
individual with a deep partial thickness
burn may be more significantly disabled
due to the exuberance of scar formation
with contractures than another
individual with a well treated fullthickness burn. As such, the category of
burn injury is not always the predictor
of disability. Rather, disability must be
based on the eventual limitation of
motion of which joint is involved. For
all these reasons, VA proposes to
consider both ‘‘deep partial thickness
burns’’ and ‘‘full-thickness burns’’ as
severe burn injuries.
We believe that VA’s definition of
severe burn injury for purposes of
determining eligibility of disabled
veterans and members of the Armed
Forces for financial assistance
concerning the purchase of an
automobile or other conveyance and
adaptive equipment certification is
consistent with congressional intent.
This definition generally reflects the
purpose found at 38 U.S.C. 3901 and
3902 to authorize the automobile
allowance or other conveyance and
adaptive equipment for severely
disabling conditions affecting the
veteran’s ability or military member’s
ability to operate a standard automobile
in a safe and effective manner. As such,
VA believes that it is fair and reasonable
to define a severe burn injury as a deep
partial thickness or full-thickness burn
resulting in scar formation that causes
contractures and limits motion of one or
more extremities or the trunk and
precludes effective operation of an
automobile.
Therefore, in 38 CFR 3.808, VA would
redesignate current paragraph (b)(4) as
(b)(5) and add a new paragraph (b)(4)
that adds ‘‘severe burn injury,’’ and the
criteria noted above, as one of the
conditions that determines entitlement
for a certificate of eligibility for financial
assistance in the purchase of an
automobile or other conveyance and
adaptive equipment. Additionally, VA
would replace the title ‘‘Automobiles or
other conveyances; certification’’ with
‘‘Automobiles or other conveyances and
adaptive equipment; certification’’ to
mirror the statutory provisions of 38
U.S.C. 3901 and 3902. Finally, VA
would revise the authority citation for
paragraph (b) to include 38 U.S.C. 3901.
Since the statutory amendment
authorizing this regulatory change
became effective on October 1, 2011, VA
would apply this rule to all claims for
benefits received on or after October 1,
2011.
Paperwork Reduction Act
This proposed rule contains no
provisions constituting a collection of
PO 00000
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information under the Paperwork
Reduction Act (44 U.S.C. 3501–3521).
Regulatory Flexibility Act
The Secretary hereby certifies that
this proposed rule would 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. This
proposed rule would not affect any
small entities. Only VA beneficiaries
could be directly affected. Therefore,
pursuant to 5 U.S.C. 605(b), this
proposed rule is exempt from the initial
and final regulatory flexibility analysis
requirements of sections 603 and 604.
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. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ which requires
review by the Office of Management and
Budget (OMB), as ‘‘any regulatory action
that is likely to result in a rule that may:
(1) Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or tribal governments or
communities; (2) Create a serious
inconsistency or otherwise interfere
with an action taken or planned by
another agency; (3) Materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the
President’s priorities, or the principles
set forth in this Executive Order.’’
The economic, interagency,
budgetary, legal, and policy
implications of this regulatory action
have been examined, and it has been
determined not to be a significant
regulatory action under Executive Order
12866.
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Federal Register / Vol. 77, No. 214 / Monday, November 5, 2012 / Proposed Rules
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 the
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
one year. This proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance
Numbers and Titles
The Catalog of Federal Domestic
Assistance program numbers and titles
for the programs affected by this
document are 64.013, Veterans
Prosthetic Appliances; 64.100,
Automobiles and Adaptive Equipment
for Certain Disabled Veterans and
Members of the Armed Forces; and
64.109, Veterans Compensation for
Service-Connected Disability.
Signing Authority
The Secretary of Veterans Affairs, or
designee, approved this document 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. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on October 24, 2012,for
publication.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
Dated: October 25, 2012.
William F. Russo,
Deputy Director, Office of Regulation Policy
and Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons set out in the
preamble, VA proposes to amend 38
CFR part 3 as follows:
WREIER-AVILES on DSK5TPTVN1PROD with PROPOSALS
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. Amend § 3.808 as follows:
a. Revise the section heading.
b. Redesignate paragraph (b)(4) as
(b)(5).
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c. Add a new paragraph (b)(4).
d. Revise the authority citation at the
end of paragraph (b).
The addition and revisions read as
follows:
§ 3.808 Automobiles or other conveyances
and adaptive equipment; certification.
*
*
*
*
*
(b) * * *
(4) A severe burn injury. For the
purposes of this section, a severe burn
injury is defined as follows:
(i) Deep partial thickness or fullthickness burns resulting in scar
formation that causes contractures and
limits motion of one or more extremities
or the trunk and precludes effective
operation of an automobile.
(5) For adaptive equipment eligibility
only, ankylosis of one or both knees or
one or both hips.
(Authority: 38 U.S.C. 3901, 3902)
*
*
*
*
*
[FR Doc. 2012–26607 Filed 11–2–12; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–RO1–OAR–2009–0451; A–1–FRL–
9748–1]
Approval and Promulgation of Air
Quality Implementation Plans; New
Hampshire; Reasonably Available
Control Technology for the 1997
8-Hour Ozone Standard
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The EPA is proposing to
approve State Implementation Plan
revisions submitted by the State of New
Hampshire. These SIP revisions consist
of a demonstration that New Hampshire
meets the requirements of reasonably
available control technology for oxides
of nitrogen and volatile organic
compounds set forth by the Clean Air
Act with respect to the 1997 8-hour
ozone standard, revisions to existing
rules controlling these pollutants, and
source-specific orders for fifteen
individual sources. This action is being
taken in accordance with the Clean Air
Act.
DATES: Written comments must be
received on or before December 5, 2012.
ADDRESSES: Submit your comments,
identified by Docket ID No. RO1–OAR–
2009–0451 by one of the following
methods:
SUMMARY:
Frm 00013
Fmt 4702
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. Email: arnold.anne@epa.gov.
3. Fax: (617) 918–0047.
4. Mail: ‘‘EPA–RO1–OAR–2009–
0451,’’ Anne Arnold, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
5. Hand Delivery or Courier. Deliver
your comments to: Anne Arnold,
Manager, Air Quality Planning Unit,
Office of Ecosystem Protection, U.S.
Environmental Protection Agency, EPA
New England Regional Office, 5 Post
Office Square—Suite 100, (Mail code
OEP05–2), Boston, MA 02109–3912.
Such deliveries are only accepted
during the Regional Office’s normal
hours of operation. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 to 4:30,
excluding legal holidays.
Please see the direct final rule which is
located in the Rules Section of this
Federal Register for detailed
instructions on how to submit
comments.
Bob
McConnell, Air Quality Planning Unit,
U.S. Environmental Protection Agency,
EPA New England Regional Office, 5
Post Office Square, Suite 100 (mail
code: OEP05–2), Boston, MA 02109–
3912, telephone number (617) 918–
1046, fax number (617) 918–0046, email
mcconnell.robert@epa.gov.
SUPPLEMENTARY INFORMATION: In the
Final Rules Section of this Federal
Register, EPA is approving the State’s
SIP submittal as a direct final rule
without prior proposal because the
Agency views this as a noncontroversial
submittal and anticipates no adverse
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this action rule,
no further activity is contemplated. If
EPA receives adverse comments, the
direct final rule will be withdrawn and
all public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period.
Any parties interested in commenting
on this action should do so at this time.
Please note that if EPA receives adverse
comment on an amendment, paragraph,
or section of this rule and if that
provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 52
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]]>Agencies
[Federal Register Volume 77, Number 214 (Monday, November 5, 2012)]
[Proposed Rules]
[Pages 66419-66421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26607]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AO31
Eligibility of Disabled Veterans and Members of the Armed Forces
With Severe Burn Injuries for Financial Assistance in the Purchase of
an Automobile or Other Conveyance and Adaptive Equipment
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
adjudication regulation regarding a certificate of eligibility for
financial assistance in the purchase of an automobile or other
conveyance and adaptive equipment. The amendment is necessary to
incorporate statutory changes made by the Veterans' Benefits Act of
2010.
DATES: Written comments must be received on or before January 4, 2013.
Applicability Date: VA would apply this rule to all claims for
benefits received on or after October 1, 2011.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulations
Management (02REG), Department of Veterans Affairs, 810 Vermont Ave.
NW., Room 1068, Washington, DC 20420; or by fax to (202) 273-9026.
(This is not a toll-free number.) Comments should indicate that they
are submitted in response to RIN 2900-AO31 ``Eligibility of Disabled
Veterans and Members of the Armed Forces with Severe Burn Injuries for
Financial Assistance in the Purchase of an Automobile or Other
Conveyance and Adaptive Equipment.'' Copies of comments received will
be available for public inspection in the Office of Regulation Policy
and Management, Room 1063B, between the hours of 8:00 a.m. and 4:30
p.m., Monday through Friday (except holidays). Please call (202) 461-
4902 for an appointment. (This is not a toll-free number.) In addition,
during the comment period, comments may be viewed online through the
Federal Docket Management System (FDMS) at www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Nancy Copeland, Consultant,
Regulations Staff (211D), Compensation Service, Veterans Benefits
Administration, Department of Veterans Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420, (202) 461-9487. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Section 803 of Public Law 111-275, the
Veterans' Benefits Act of 2010, amended subsection 3901(1)(A) of title
38, United States Code (U.S.C.), by reformatting the statute and adding
``severe burn injury (as determined pursuant to regulations prescribed
by the Secretary)'' as one of the disabilities that VA will consider
when making a determination of eligibility for financial assistance in
the purchase of an automobile or other conveyance and adaptive
equipment. Pursuant to the authority granted to the Secretary in 38
U.S.C. 501(a) and 3901(1)(A)(iv), as added by the Veterans' Benefits
Act of 2010, VA proposes to amend 38 CFR 3.808 to define the term
``severe burn injury.''
The purpose of 38 U.S.C. 3901 and 3902 is to provide an automotive
allowance and adaptive equipment to veterans having certain severe
disabilities that may impair their ability to operate a standard motor
vehicle. Prior to the enactment of the Veterans' Benefits Act of 2010,
the automobile allowance was authorized only for the loss or permanent
loss of use of one or both hands or feet or for permanent impairment of
vision of both eyes. In discussing the proposed extension of this
benefit to veterans with severe burn
[[Page 66420]]
injuries, the Chairman of the Senate Committee on Veterans' Affairs
explained that, ``[d]ue to the severe damage done to their skin,
individuals with these disabilities experience difficulty operating a
standard automobile not equipped to accommodate their disabilities''
and that the proposed legislation ``would help them obtain vehicles
with special adaptations for assistance in and out of the vehicle, seat
comfort, and climate control.'' 156 Cong. Rec. S7656 (daily ed. Sept.
28, 2010) (statement of Chairman Akaka).
For purposes of determining eligibility of disabled veterans and
members of the Armed Forces for financial assistance in the purchase of
an automobile or other conveyance and adaptive equipment, VA proposes
to define severe burn injury as a disability resulting from a severe
burn that is a deep partial thickness or full-thickness burn resulting
in scar formation that causes contractures and limits motion of one or
more extremities or the trunk and precludes effective operation of an
automobile.
Skin that has experienced deep partial and full-thickness burns is
never restored to normal. In a deep partial thickness burn, there is
complete destruction of the epidermis and severe damage to the dermal
layer. Healing may occur with hypertrophic scars and keloid formation.
In a full-thickness burn, there is complete destruction of the
epidermis and dermis, and there may be some damage to the underlying
subcutaneous fat layer. Scar tissue from these types of burns is thin,
fragile, and prone to chronic ulceration. Scars resulting from these
burns may cause disfigurement. The most frequent cause of disability is
burn scar contracture. This residual prohibits movement of a joint in
its normal range of motion and influences not only the underlying joint
but also the adjacent joints. Burn scar contracture is not only limited
to the extremities but also can occur as a result of burns to the
trunk, resulting in postural impairments.
Although full-thickness burns are generally more disabling than
deep partial thickness burns, depending upon location, a deep partial
thickness burn may result in more scarring with contracture limiting
motion and, therefore, be more disabling than a full-thickness burn.
For example, a deep partial thickness burn resulting in limited motion
may involve an important joint such as a thumb, hand, or elbow which
are more crucial in operating an automobile than other joints.
Additionally, some individuals tend to be significant scar formers
based on race and ethnicity. For example, one individual with a deep
partial thickness burn may be more significantly disabled due to the
exuberance of scar formation with contractures than another individual
with a well treated full-thickness burn. As such, the category of burn
injury is not always the predictor of disability. Rather, disability
must be based on the eventual limitation of motion of which joint is
involved. For all these reasons, VA proposes to consider both ``deep
partial thickness burns'' and ``full-thickness burns'' as severe burn
injuries.
We believe that VA's definition of severe burn injury for purposes
of determining eligibility of disabled veterans and members of the
Armed Forces for financial assistance concerning the purchase of an
automobile or other conveyance and adaptive equipment certification is
consistent with congressional intent. This definition generally
reflects the purpose found at 38 U.S.C. 3901 and 3902 to authorize the
automobile allowance or other conveyance and adaptive equipment for
severely disabling conditions affecting the veteran's ability or
military member's ability to operate a standard automobile in a safe
and effective manner. As such, VA believes that it is fair and
reasonable to define a severe burn injury as a deep partial thickness
or full-thickness burn resulting in scar formation that causes
contractures and limits motion of one or more extremities or the trunk
and precludes effective operation of an automobile.
Therefore, in 38 CFR 3.808, VA would redesignate current paragraph
(b)(4) as (b)(5) and add a new paragraph (b)(4) that adds ``severe burn
injury,'' and the criteria noted above, as one of the conditions that
determines entitlement for a certificate of eligibility for financial
assistance in the purchase of an automobile or other conveyance and
adaptive equipment. Additionally, VA would replace the title
``Automobiles or other conveyances; certification'' with ``Automobiles
or other conveyances and adaptive equipment; certification'' to mirror
the statutory provisions of 38 U.S.C. 3901 and 3902. Finally, VA would
revise the authority citation for paragraph (b) to include 38 U.S.C.
3901. Since the statutory amendment authorizing this regulatory change
became effective on October 1, 2011, VA would apply this rule to all
claims for benefits received on or after October 1, 2011.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would 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. This proposed rule would not affect any small entities.
Only VA beneficiaries could be directly affected. Therefore, pursuant
to 5 U.S.C. 605(b), this proposed rule is exempt from the initial and
final regulatory flexibility analysis requirements of sections 603 and
604.
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.
Executive Order 12866 (Regulatory Planning and Review) defines a
``significant regulatory action,'' which requires review by the Office
of Management and Budget (OMB), as ``any regulatory action that is
likely to result in a rule that may: (1) Have an annual effect on the
economy of $100 million or more or adversely affect in a material way
the economy, a sector of the economy, productivity, competition, jobs,
the environment, public health or safety, or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.''
The economic, interagency, budgetary, legal, and policy
implications of this regulatory action have been examined, and it has
been determined not to be a significant regulatory action under
Executive Order 12866.
[[Page 66421]]
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 the 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 one year. This proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance Numbers and Titles
The Catalog of Federal Domestic Assistance program numbers and
titles for the programs affected by this document are 64.013, Veterans
Prosthetic Appliances; 64.100, Automobiles and Adaptive Equipment for
Certain Disabled Veterans and Members of the Armed Forces; and 64.109,
Veterans Compensation for Service-Connected Disability.
Signing Authority
The Secretary of Veterans Affairs, or designee, approved this
document 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. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on October 24, 2012,for publication.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive materials, Veterans, Vietnam.
Dated: October 25, 2012.
William F. Russo,
Deputy Director, Office of Regulation Policy and Management, Office of
the General Counsel, Department of Veterans Affairs.
For the reasons set out in the preamble, VA proposes to amend 38
CFR part 3 as follows:
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. Amend Sec. 3.808 as follows:
a. Revise the section heading.
b. Redesignate paragraph (b)(4) as (b)(5).
c. Add a new paragraph (b)(4).
d. Revise the authority citation at the end of paragraph (b).
The addition and revisions read as follows:
Sec. 3.808 Automobiles or other conveyances and adaptive equipment;
certification.
* * * * *
(b) * * *
(4) A severe burn injury. For the purposes of this section, a
severe burn injury is defined as follows:
(i) Deep partial thickness or full-thickness burns resulting in
scar formation that causes contractures and limits motion of one or
more extremities or the trunk and precludes effective operation of an
automobile.
(5) For adaptive equipment eligibility only, ankylosis of one or
both knees or one or both hips.
(Authority: 38 U.S.C. 3901, 3902)
* * * * *
[FR Doc. 2012-26607 Filed 11-2-12; 8:45 am]
BILLING CODE 8320-01-P
