Specially Adapted Housing Eligibility for Amyotrophic Lateral Sclerosis Beneficiaries, 47585-47586 [2014-19240]

Download as PDF Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations 7363. If you use a TDD or a TTY, call the FRS, toll free, at 1–800–877–8339. Electronic Access to This Document: The official version of this document is the document published in the Federal Register. Free Internet access to the official edition of the Federal Register and the Code of Federal Regulations is available via the Federal Digital System at: www.gpo.gov/fdsys. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Adobe Portable Document Format (PDF). To use PDF you must have Adobe Acrobat Reader, which is available free at the site. You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov. Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department. Dated: August 11, 2014. Michael K. Yudin, Acting Assistant Secretary for Special Education and Rehabilitative Services. BILLING CODE 4000–01–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900–AO84 Specially Adapted Housing Eligibility for Amyotrophic Lateral Sclerosis Beneficiaries Department of Veterans Affairs. Final rule. AGENCY: The Department of Veterans Affairs (VA) amended by interim final rule its adjudication regulation regarding specially adapted housing (SAH) to authorize automatic issuance of a certificate of eligibility for SAH to all veterans and active-duty servicemembers with service-connected amyotrophic lateral sclerosis (ALS) rated totally disabling under the VA Schedule for Rating Disabilities. This document adopts as a final rule, without change, the interim final rule published in the Federal Register on December 3, 2013. DATES: Effective date: August 14, 2014. Applicability date: The provisions of this regulatory amendment apply to all applications for SAH pending before VA on or received after December 3, 2013. FOR FURTHER INFORMATION CONTACT: Randy A. McKevitt, Legal Consultant, rmajette on DSK2TPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 14:59 Aug 13, 2014 Jkt 232001 In a document published in the Federal Register on December 3, 2013 (78 FR 72573), VA amended its regulations concerning SAH. The amendment authorized automatic issuance of a certificate of eligibility for SAH to all veterans and active-duty servicemembers with service-connected ALS rated totally disabling under the VA Schedule for Rating Disabilities. The comment period for that interim final regulation ended February 3, 2014. VA received no comments. Based on the rationale set forth in the interim final rule, we are adopting the provisions of the interim final rule as a final rule without change. SUPPLEMENTARY INFORMATION: Administrative Procedure Act [FR Doc. 2014–19285 Filed 8–13–14; 8:45 am] ACTION: Regulations Staff (211D), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461–9700. This is not a toll-free number. Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), VA found that there was good cause to dispense with advance public notice and opportunity to comment on the interim final rule and good cause to publish that rule with an immediate effective date. The interim final rule was necessary to implement immediately the Secretary’s decision to establish SAH eligibility for all persons with totallydisabling service-connected ALS. Delay in the implementation of this rule would have been impracticable and contrary to the public interest, particularly to veterans and active-duty servicemembers. Because the survival period for persons suffering from ALS is generally 18–48 months or less from the onset of symptoms, any delay in establishing SAH eligibility is extremely detrimental to veterans and active-duty servicemembers who are currently afflicted with ALS. Any delay in implementation until after a publiccomment period could have delayed modifying the regulated certificate of eligibility process, depriving ALS veterans and active-duty servicemembers of quick and efficient access to SAH benefits. For the foregoing reasons, the Secretary issued the rule as an interim final rule with immediate effect. Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 47585 Regulatory Flexibility Act The Secretary hereby certifies that this final rule will 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 final rule will not affect any small entities. Only VA beneficiaries will be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this final 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 final rule have been examined, and it has been determined not to be a significant regulatory action under Executive Order 12866. VA’s impact analysis can be found as a supporting document at http:// www.regulations.gov, usually within 48 hours after the rulemaking document is published. Additionally, a copy of the rulemaking and its impact analysis are E:\FR\FM\14AUR1.SGM 14AUR1 47586 Federal Register / Vol. 79, No. 157 / Thursday, August 14, 2014 / Rules and Regulations available on VA’s Web site at http:// www1.va.gov/orpm/, by following the link for ‘‘VA Regulations Published.’’ ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 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 final rule will 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 this rule are 64.106, Specially Adapted Housing for Disabled Veterans 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. Robert A. McDonald, Secretary, Department of Veterans Affairs, approved this document on August 6, 2014, for publication. List of Subjects in 38 CFR Part 3 Dated: August 11, 2014. Robert C. McFetridge, Director, Regulation Policy and Management, Office of the General Counsel, Department of Veterans Affairs. Accordingly, the interim final rule revising 38 CFR part 3, which was published at 78 FR 72573 on December 3, 2013, is adopted as a final rule without change. [FR Doc. 2014–19240 Filed 8–13–14; 8:45 am] rmajette on DSK2TPTVN1PROD with RULES BILLING CODE 8320–01–P VerDate Mar<15>2010 14:59 Aug 13, 2014 Jkt 232001 National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Direct Deletion of the Monroe Auto Equipment (Paragould Pit) Superfund Site Environmental Protection Agency. ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) Region 6 is publishing a direct final Notice of Deletion of the Monroe Auto (Paragould Pit) Superfund Site located in Paragould, Greene County, Arkansas, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Arkansas, through the Arkansas Department of Environmental Quality (ADEQ), because EPA has determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund. SUMMARY: This direct final deletion is effective October 14, 2014 unless EPA receives adverse comments by September 15, 2014. If adverse comments are received, EPA will publish a timely withdrawal of the direct final deletion in the Federal Register informing the public that the deletion will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1990–0011, by one of the following methods: • http://www.regulations.gov: Follow internet on-line instructions for submitting comments. • Email: Brian W. Mueller, mueller.brian@epa.gov. • Fax: 214–665–6660. • Mail: Brian W. Mueller; U.S. Environmental Protection Agency, Region 6; Superfund Division (6SF–RL); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202–7167. • Hand delivery: U.S. Environmental Protection Agency, Region 6; 1445 Ross DATES: Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam. ■ [EPA–HQ–SFUND–1990–0011; FRL–9915– 24–Region 6] PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 Avenue, Suite 700; Dallas, Texas 75202– 2733; Contact: Brian W. Mueller (214) 665–7167. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–1990– 0011. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or email. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at: U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202–2733; hours of operation: Monday through Friday, 9:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m. Contact: Brian W. Mueller (214) 665–7167. E:\FR\FM\14AUR1.SGM 14AUR1

Agencies

[Federal Register Volume 79, Number 157 (Thursday, August 14, 2014)]
[Rules and Regulations]
[Pages 47585-47586]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19240]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AO84


Specially Adapted Housing Eligibility for Amyotrophic Lateral 
Sclerosis Beneficiaries

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) amended by interim 
final rule its adjudication regulation regarding specially adapted 
housing (SAH) to authorize automatic issuance of a certificate of 
eligibility for SAH to all veterans and active-duty servicemembers with 
service-connected amyotrophic lateral sclerosis (ALS) rated totally 
disabling under the VA Schedule for Rating Disabilities. This document 
adopts as a final rule, without change, the interim final rule 
published in the Federal Register on December 3, 2013.

DATES: Effective date: August 14, 2014.
    Applicability date: The provisions of this regulatory amendment 
apply to all applications for SAH pending before VA on or received 
after December 3, 2013.

FOR FURTHER INFORMATION CONTACT: Randy A. McKevitt, Legal Consultant, 
Regulations Staff (211D), Compensation Service, Veterans Benefits 
Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 461-9700. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on December 3, 2013 (78 FR 72573), VA amended its regulations 
concerning SAH. The amendment authorized automatic issuance of a 
certificate of eligibility for SAH to all veterans and active-duty 
servicemembers with service-connected ALS rated totally disabling under 
the VA Schedule for Rating Disabilities. The comment period for that 
interim final regulation ended February 3, 2014. VA received no 
comments. Based on the rationale set forth in the interim final rule, 
we are adopting the provisions of the interim final rule as a final 
rule without change.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), VA found that there was 
good cause to dispense with advance public notice and opportunity to 
comment on the interim final rule and good cause to publish that rule 
with an immediate effective date. The interim final rule was necessary 
to implement immediately the Secretary's decision to establish SAH 
eligibility for all persons with totally-disabling service-connected 
ALS. Delay in the implementation of this rule would have been 
impracticable and contrary to the public interest, particularly to 
veterans and active-duty servicemembers.
    Because the survival period for persons suffering from ALS is 
generally 18-48 months or less from the onset of symptoms, any delay in 
establishing SAH eligibility is extremely detrimental to veterans and 
active-duty servicemembers who are currently afflicted with ALS. Any 
delay in implementation until after a public-comment period could have 
delayed modifying the regulated certificate of eligibility process, 
depriving ALS veterans and active-duty servicemembers of quick and 
efficient access to SAH benefits.
    For the foregoing reasons, the Secretary issued the rule as an 
interim final rule with immediate effect.

Paperwork Reduction Act

    This final rule 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 Secretary hereby certifies that this final rule will 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 final rule will not affect any small entities. Only VA 
beneficiaries will be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this final 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 final rule have been examined, and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866. VA's impact analysis can be found as a supporting document 
at http://www.regulations.gov, usually within 48 hours after the 
rulemaking document is published. Additionally, a copy of the 
rulemaking and its impact analysis are

[[Page 47586]]

available on VA's Web site at http://www1.va.gov/orpm/, by following 
the link for ``VA Regulations Published.''

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 final rule will 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 this rule are 64.106, Specially Adapted Housing for Disabled 
Veterans 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. Robert A. 
McDonald, Secretary, Department of Veterans Affairs, approved this 
document on August 6, 2014, 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: August 11, 2014.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.

0
Accordingly, the interim final rule revising 38 CFR part 3, which was 
published at 78 FR 72573 on December 3, 2013, is adopted as a final 
rule without change.

[FR Doc. 2014-19240 Filed 8-13-14; 8:45 am]
BILLING CODE 8320-01-P