Automobile or Other Conveyance and Adaptive Equipment Certificate of Eligibility for Veterans or Members of the Armed Forces With Amyotrophic Lateral Sclerosis, 10001-10003 [2015-03889]
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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations
both use a portion of the total 12-week
FMLA leave entitlement for either the
birth of a child, for placement for
adoption or foster care, or to care for a
parent, the spouses would each be
entitled to the difference between the
amount he or she has taken individually
and 12 weeks for FMLA leave for other
purposes. * * *
(4) * * * Thus, spouses may each
take 12 weeks of FMLA leave if needed
to care for an adopted or foster child
with a serious health condition, even if
both are employed by the same
employer, provided they have not
exhausted their entitlements during the
applicable 12-month FMLA leave
period.
*
*
*
*
*
■ 5. Revise § 825.122(b) to read as
follows:
§ 825.122 Definitions of covered
servicemember, spouse, parent, son or
daughter, next of kin of a covered
servicemember, adoption, foster care, son
or daughter on covered active duty or call
to covered active duty status, son or
daughter of a covered servicemember, and
parent of a covered servicemember.
*
*
*
*
*
(b) Spouse, as defined in the statute,
means a husband or wife. For purposes
of this definition, husband or wife refers
to the other person with whom an
individual entered into marriage as
defined or recognized under state law
for purposes of marriage in the State in
which the marriage was entered into or,
in the case of a marriage entered into
outside of any State, if the marriage is
valid in the place where entered into
and could have been entered into in at
least one State. This definition includes
an individual in a same-sex or common
law marriage that either:
(1) Was entered into in a State that
recognizes such marriages; or
(2) If entered into outside of any State,
is valid in the place where entered into
and could have been entered into in at
least one State.
*
*
*
*
*
■ 6. Amend § 825.127 by revising the
first and second sentences of paragraph
(f) to read as follows:
§ 825.127 Leave to care for a covered
servicemember with a serious injury or
illness (military caregiver leave).
wreier-aviles on DSK5TPTVN1PROD with RULES
*
*
*
*
*
(f) Spouses who are eligible for FMLA
leave and are employed by the same
covered employer may be limited to a
combined total of 26 workweeks of
leave during the single 12-month period
described in paragraph (e) of this
section if the leave is taken for birth of
the employee’s son or daughter or to
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Jkt 235001
care for the child after birth, for
placement of a son or daughter with the
employee for adoption or foster care, or
to care for the child after placement, to
care for the employee’s parent with a
serious health condition, or to care for
a covered servicemember with a serious
injury or illness. This limitation on the
total weeks of leave applies to leave
taken for the reasons specified as long
as the spouses are employed by the
same employer. * * *
DEPARTMENT OF VETERANS
AFFAIRS
7. Amend § 825.201 by revising the
first, second, and fifth sentences of
paragraph (b) to read as follows:
ACTION:
10001
■
§ 825.201
Leave to care for a parent.
*
*
*
*
*
(b) Same employer limitation.
Spouses who are eligible for FMLA
leave and are employed by the same
covered employer may be limited to a
combined total of 12 weeks of leave
during any 12-month period if the leave
is taken to care for the employee’s
parent with a serious health condition,
for the birth of the employee’s son or
daughter or to care for the child after the
birth, or for placement of a son or
daughter with the employee for
adoption or foster care or to care for the
child after placement. This limitation on
the total weeks of leave applies to leave
taken for the reasons specified as long
as the spouses are employed by the
same employer. * * * Where the
spouses both use a portion of the total
12-week FMLA leave entitlement for
either the birth of a child, for placement
for adoption or foster care, or to care for
a parent, the spouses would each be
entitled to the difference between the
amount he or she has taken individually
and 12 weeks for FMLA leave for other
purposes. * * *
■ 8. Amend § 825.202 by revising the
third sentence of paragraph (c) to read
as follows:
§ 825.202 Intermittent leave or reduced
leave schedule.
*
*
*
*
*
(c) * * * The employer’s agreement is
not required, however, for leave during
which the expectant mother has a
serious health condition in connection
with the birth of her child or if the
newborn child has a serious health
condition. * * *
*
*
*
*
*
[FR Doc. 2015–03569 Filed 2–23–15; 11:15 am]
BILLING CODE 4510–27–P
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38 CFR Part 3
RIN 2900–AP26
Automobile or Other Conveyance and
Adaptive Equipment Certificate of
Eligibility for Veterans or Members of
the Armed Forces With Amyotrophic
Lateral Sclerosis
Department of Veterans Affairs.
Interim final rule.
AGENCY:
The Department of Veterans
Affairs (VA) is amending its
adjudication regulation regarding
certificates of eligibility for financial
assistance in the purchase of an
automobile or other conveyance and
adaptive equipment. The amendment
authorizes automatic issuance of a
certificate of eligibility for financial
assistance in the purchase of an
automobile or other conveyance and
adaptive equipment to all veterans with
service-connected amyotrophic lateral
sclerosis (ALS) and members of the
Armed Forces serving on active duty
with ALS.
DATES: Effective Date: This interim final
rule is effective February 25, 2015.
Comment Date: Comments must be
received by VA on or before April 27,
2015.
Applicability Date: The provisions of
this regulatory amendment apply to all
applications for a certificate of
eligibility for an automobile or other
conveyance and adaptive equipment
allowance pending before VA on or
received after February 25, 2015.
ADDRESSES: Written comments may be
submitted through
www.Regulations.gov; by mail or handdelivery to Director, Regulation Policy
and Management (02REG), Department
of Veterans Affairs, 810 Vermont Ave.
NW., Room 1068, Washington, DC
20420; or by fax to (202) 273–9026.
Comments should indicate that they are
submitted in response to ‘‘RIN 2900–
AP26—Automobile or Other
Conveyance and Adaptive Equipment
Certificate of Eligibility for Veterans or
Members of the Armed Forces With
Amyotrophic Lateral Sclerosis
Connected to Military Service.’’ Copies
of comments received will be available
for public inspection in the Office of
Regulation Policy and Management,
Room 1068, 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,
SUMMARY:
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10002
Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations
comments may be viewed online
through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
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.)
In a
document published in the Federal
Register on December 20, 2011 (76 FR
78823), VA amended its regulations
pertaining to the percent disability
evaluation assignable for serviceconnected amyotrophic lateral sclerosis
(ALS). As of January 19, 2012, the
effective date of that amendment, 38
CFR 4.124a, diagnostic code 8017,
provides a 100-percent disability
evaluation for veterans with serviceconnected ALS. VA determined that
assigning a 100-percent evaluation in all
cases eliminates the need to
unnecessarily reevaluate veterans with
ALS repeatedly over a short period of
time as the condition worsens and
inevitably progresses to total disability.
The change was necessary to adequately
compensate veterans who suffer from
this progressive, untreatable, and fatal
disease. However, the change did not
specifically address entitlement to
certificates of eligibility for financial
assistance in the purchase of an
automobile or other conveyance and
adaptive equipment.
Section 3901(1), title 38, United States
Code (U.S.C.), provides specific criteria
for determining eligibility for an
automobile and adaptive equipment
allowance. To be eligible for an
automobile and adaptive equipment
allowance, a veteran must be in receipt
of compensation under chapter 11 of
title 38 U.S.C. for (or a member of the
Armed Forces serving on active duty
must have) loss or permanent loss of use
of one or both feet; loss or permanent
loss of use of one or both hands;
permanent impairment of vision of both
eyes with central visual acuity of 20/200
or less in the better eye with the use of
corrective glasses or central visual
acuity of more than 20/200 if there is a
field defect in which the peripheral
field has contracted to such an extent
that the widest diameter of visual field
subtends an angular distance no greater
than twenty degrees in the better eye; or
a severe burn injury. 38 U.S.C. 3901(1).
These disabilities must be the result of
an injury incurred or disease contracted
in or aggravated by active military,
naval, or air service. Id.
wreier-aviles on DSK5TPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
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Jkt 235001
VA’s automobile and adaptive
equipment allowance eligibility
regulation, 38 CFR 8.808 Automobiles
or other conveyances and adaptive
equipment; certification, which was
promulgated to implement 38 U.S.C.
3901 and 3902, includes the same
criteria for entitlement to a certificate of
eligibility as 38 U.S.C. 3901. Because
ALS is a rapidly progressive, totally
debilitating, and irreversible disease,
VA has determined that progression of
ALS will routinely, and quickly, satisfy
these existing certificate of eligibility
criteria. This interim final rule permits
VA to determine entitlement to a
certificate of eligibility for an
automobile or other conveyance and
adaptive equipment as soon as a veteran
establishes service connection for ALS,
or a member of the Armed Forces
serving on active duty is diagnosed with
ALS, eliminating the need for additional
development and reducing wait times.
By streamlining the eligibility process,
this regulatory amendment will allow
veterans with service-connected ALS
and members of the Armed Forces
serving on active duty with ALS to
receive and utilize to maximum
advantage the automobile or other
conveyance and adaptive equipment
benefit, without unnecessary delay.
From the standpoint of entitlement to
a certificate of eligibility for automobile
or other conveyance and adaptive
equipment qualification procedures, the
effect of this regulatory amendment is to
allocate resources more efficiently and
ensure a better lifestyle for veterans
with service-connected ALS and
members of the Armed Forces serving
on active duty with ALS who want to
purchase and adapt an automobile or
other conveyance and adaptive
equipment so they can remain mobile as
long as possible. In this regard, as the
ALS progresses, the need for assistive
devices adapting an automobile or other
conveyance and adaptive equipment so
that the veteran or member of the
Armed Forces serving on active duty
can continue to be mobile, including
attending examinations and treatment
by medical personnel, while remaining
in their home for as long as possible,
will be greatly assisted. Without these
benefits, a veteran or member of the
Armed Forces serving on active duty
may be required to be institutionalized
sooner than otherwise necessary to
receive medical treatment.
Thus, there exists an immediate need
for VA to focus this regulatory change
upon the entitlement for a certificate of
eligibility for automobile or other
conveyance and adaptive equipment
process. Because the prognosis of the
progression of ALS is typically
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Fmt 4700
Sfmt 4700
established after a brief period of
observation, in most cases less than 3
months, VA has determined that it is
fair and reasonable to provide a
certificate of eligibility for automobile or
other conveyance and adaptive
equipment upon determination of
service connection for ALS in a veteran
or on diagnosis and receipt of an
application from a member of the
Armed Forces serving on active duty.
VA, therefore, intends to establish
entitlement for a certificate of eligibility
for automobile or other conveyance and
adaptive equipment eligibility for
eligible veterans with service-connected
ALS and members of the Armed Forces
serving on active duty with ALS. VA is
doing so by adding a new provision to
38 CFR 3.808, which governs eligibility
for entitlement for a certificate of
eligibility for automobile or other
conveyance and adaptive equipment
under 38 U.S.C. 3901 and 3902. This
new provision adds ALS as a qualifying
disability for eligibility to this benefit
and will allow eligible individuals to
access this benefit without further
development and delay. VA
incorporates this new category of
criteria in § 3.808 as new paragraph
(b)(5). Current paragraph (b)(5) will be
redesignated as paragraph (b)(6).
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B) and
(d)(3), we find that there is good cause
to dispense with advance public notice
and opportunity to comment on this
rule and good cause to publish this rule
with an immediate effective date. This
interim final rule is necessary to
implement immediately the Secretary’s
decision to establish entitlement for a
certificate of eligibility for automobile or
other conveyance and adaptive
equipment for all veterans with serviceconnected ALS and members of the
Armed Forces serving on active duty
with ALS. Delay in the implementation
of this rule would be impracticable and
contrary to the public interest,
particularly to veterans and members of
the Armed Forces serving on active
duty.
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
entitlement for a certificate of eligibility
for automobile or other conveyance and
adaptive equipment eligibility is
extremely detrimental to veterans and
members of the Armed Forces serving
on active duty who are currently
afflicted with ALS. Any delay in
implementation until after a publiccomment period could delay modifying
the regulated certificate of eligibility
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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations
process, depriving ALS veterans and
members of the Armed Forces serving
on active duty with ALS of quick and
efficient access to automobile or other
conveyance and adaptive equipment
benefits.
For the foregoing reasons, the
Secretary is issuing this rule as an
interim final rule with immediate effect.
Paperwork Reduction Act
This interim final rule contains no
provisions constituting a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521).
wreier-aviles on DSK5TPTVN1PROD with RULES
Regulatory Flexibility Act
The Secretary hereby certifies that
this interim 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
interim 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 interim
final rule is exempt from the final
regulatory flexibility analysis
requirements of section 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), unless OMB waives such
review, 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
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15:08 Feb 24, 2015
Jkt 235001
10003
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. VA’s impact analysis can be
found as a supporting document at
https://www.regulations.gov, usually
within 48 hours after the rulemaking
document is published. Additionally, a
copy of the rulemaking and its impact
analysis are available on VA’s Web site
at https://www.va.gov/orpm/, by
following the link for VA Regulations
Published From FY 2004 Through
FYTD.
Dated: February 20, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy
& Management, Office of the General Counsel,
U.S. Department of Veterans Affairs.
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
1 year. This interim final rule will have
no such effect on State, local, and tribal
governments, or on the private sector.
§ 3.808 Automobiles or other conveyances
and adaptive equipment; certification.
*
For the reasons set out in the
preamble, VA amends 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 § 3.808 by redesignating
paragraph (b)(5) as paragraph (b)(6) and
adding a new paragraph (b)(5) to read as
follows:
■
*
*
*
*
(b) * * *
(5) Amyotrophic lateral sclerosis.
*
*
*
*
*
[FR Doc. 2015–03889 Filed 2–24–15; 8:45 am]
BILLING CODE P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
Catalog of Federal Domestic Assistance
[EPA–HQ–OPP–2014–0253; FRL–9919–59]
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document are
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.
Clothianidin; Pesticide Tolerances for
Emergency Exemptions
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. Jose
D. Riojas, Chief of Staff, approved this
document on February 12, 2015, for
publication.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Veterans.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
This regulation establishes a
time-limited tolerance for residues of
clothianidin, (E)-N-[(2-chloro-5thiazolyl)methyl]-N’-methyl-N’’nitroguanidine, in or on fruit, citrus,
group 10–10. This action is in response
to EPA’s granting of an emergency
exemption under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) authorizing use of the
pesticide on citrus. This regulation
establishes a maximum permissible
level for residues of clothianidin in or
on citrus. The time-limited tolerance
expires on December 31, 2017.
DATES: This regulation is effective
February 25, 2015. Objections and
requests for hearings must be received
on or before April 27, 2015, and must
be filed in accordance with the
instructions provided in 40 CFR part
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Rules and Regulations]
[Pages 10001-10003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03889]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 3
RIN 2900-AP26
Automobile or Other Conveyance and Adaptive Equipment Certificate
of Eligibility for Veterans or Members of the Armed Forces With
Amyotrophic Lateral Sclerosis
AGENCY: Department of Veterans Affairs.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
adjudication regulation regarding certificates of eligibility for
financial assistance in the purchase of an automobile or other
conveyance and adaptive equipment. The amendment authorizes automatic
issuance of a certificate of eligibility for financial assistance in
the purchase of an automobile or other conveyance and adaptive
equipment to all veterans with service-connected amyotrophic lateral
sclerosis (ALS) and members of the Armed Forces serving on active duty
with ALS.
DATES: Effective Date: This interim final rule is effective February
25, 2015.
Comment Date: Comments must be received by VA on or before April
27, 2015.
Applicability Date: The provisions of this regulatory amendment
apply to all applications for a certificate of eligibility for an
automobile or other conveyance and adaptive equipment allowance pending
before VA on or received after February 25, 2015.
ADDRESSES: Written comments may be submitted through
www.Regulations.gov; by mail or hand-delivery to Director, Regulation
Policy and Management (02REG), Department of Veterans Affairs, 810
Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202)
273-9026. Comments should indicate that they are submitted in response
to ``RIN 2900-AP26--Automobile or Other Conveyance and Adaptive
Equipment Certificate of Eligibility for Veterans or Members of the
Armed Forces With Amyotrophic Lateral Sclerosis Connected to Military
Service.'' Copies of comments received will be available for public
inspection in the Office of Regulation Policy and Management, Room
1068, 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,
[[Page 10002]]
comments may be viewed online through the Federal Docket Management
System (FDMS) at www.Regulations.gov.
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 20, 2011 (76 FR 78823), VA amended its regulations
pertaining to the percent disability evaluation assignable for service-
connected amyotrophic lateral sclerosis (ALS). As of January 19, 2012,
the effective date of that amendment, 38 CFR 4.124a, diagnostic code
8017, provides a 100-percent disability evaluation for veterans with
service-connected ALS. VA determined that assigning a 100-percent
evaluation in all cases eliminates the need to unnecessarily reevaluate
veterans with ALS repeatedly over a short period of time as the
condition worsens and inevitably progresses to total disability. The
change was necessary to adequately compensate veterans who suffer from
this progressive, untreatable, and fatal disease. However, the change
did not specifically address entitlement to certificates of eligibility
for financial assistance in the purchase of an automobile or other
conveyance and adaptive equipment.
Section 3901(1), title 38, United States Code (U.S.C.), provides
specific criteria for determining eligibility for an automobile and
adaptive equipment allowance. To be eligible for an automobile and
adaptive equipment allowance, a veteran must be in receipt of
compensation under chapter 11 of title 38 U.S.C. for (or a member of
the Armed Forces serving on active duty must have) loss or permanent
loss of use of one or both feet; loss or permanent loss of use of one
or both hands; permanent impairment of vision of both eyes with central
visual acuity of 20/200 or less in the better eye with the use of
corrective glasses or central visual acuity of more than 20/200 if
there is a field defect in which the peripheral field has contracted to
such an extent that the widest diameter of visual field subtends an
angular distance no greater than twenty degrees in the better eye; or a
severe burn injury. 38 U.S.C. 3901(1). These disabilities must be the
result of an injury incurred or disease contracted in or aggravated by
active military, naval, or air service. Id.
VA's automobile and adaptive equipment allowance eligibility
regulation, 38 CFR 8.808 Automobiles or other conveyances and adaptive
equipment; certification, which was promulgated to implement 38 U.S.C.
3901 and 3902, includes the same criteria for entitlement to a
certificate of eligibility as 38 U.S.C. 3901. Because ALS is a rapidly
progressive, totally debilitating, and irreversible disease, VA has
determined that progression of ALS will routinely, and quickly, satisfy
these existing certificate of eligibility criteria. This interim final
rule permits VA to determine entitlement to a certificate of
eligibility for an automobile or other conveyance and adaptive
equipment as soon as a veteran establishes service connection for ALS,
or a member of the Armed Forces serving on active duty is diagnosed
with ALS, eliminating the need for additional development and reducing
wait times. By streamlining the eligibility process, this regulatory
amendment will allow veterans with service-connected ALS and members of
the Armed Forces serving on active duty with ALS to receive and utilize
to maximum advantage the automobile or other conveyance and adaptive
equipment benefit, without unnecessary delay.
From the standpoint of entitlement to a certificate of eligibility
for automobile or other conveyance and adaptive equipment qualification
procedures, the effect of this regulatory amendment is to allocate
resources more efficiently and ensure a better lifestyle for veterans
with service-connected ALS and members of the Armed Forces serving on
active duty with ALS who want to purchase and adapt an automobile or
other conveyance and adaptive equipment so they can remain mobile as
long as possible. In this regard, as the ALS progresses, the need for
assistive devices adapting an automobile or other conveyance and
adaptive equipment so that the veteran or member of the Armed Forces
serving on active duty can continue to be mobile, including attending
examinations and treatment by medical personnel, while remaining in
their home for as long as possible, will be greatly assisted. Without
these benefits, a veteran or member of the Armed Forces serving on
active duty may be required to be institutionalized sooner than
otherwise necessary to receive medical treatment.
Thus, there exists an immediate need for VA to focus this
regulatory change upon the entitlement for a certificate of eligibility
for automobile or other conveyance and adaptive equipment process.
Because the prognosis of the progression of ALS is typically
established after a brief period of observation, in most cases less
than 3 months, VA has determined that it is fair and reasonable to
provide a certificate of eligibility for automobile or other conveyance
and adaptive equipment upon determination of service connection for ALS
in a veteran or on diagnosis and receipt of an application from a
member of the Armed Forces serving on active duty.
VA, therefore, intends to establish entitlement for a certificate
of eligibility for automobile or other conveyance and adaptive
equipment eligibility for eligible veterans with service-connected ALS
and members of the Armed Forces serving on active duty with ALS. VA is
doing so by adding a new provision to 38 CFR 3.808, which governs
eligibility for entitlement for a certificate of eligibility for
automobile or other conveyance and adaptive equipment under 38 U.S.C.
3901 and 3902. This new provision adds ALS as a qualifying disability
for eligibility to this benefit and will allow eligible individuals to
access this benefit without further development and delay. VA
incorporates this new category of criteria in Sec. 3.808 as new
paragraph (b)(5). Current paragraph (b)(5) will be redesignated as
paragraph (b)(6).
Administrative Procedure Act
Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), we find that there is
good cause to dispense with advance public notice and opportunity to
comment on this rule and good cause to publish this rule with an
immediate effective date. This interim final rule is necessary to
implement immediately the Secretary's decision to establish entitlement
for a certificate of eligibility for automobile or other conveyance and
adaptive equipment for all veterans with service-connected ALS and
members of the Armed Forces serving on active duty with ALS. Delay in
the implementation of this rule would be impracticable and contrary to
the public interest, particularly to veterans and members of the Armed
Forces serving on active duty.
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 entitlement for a certificate of eligibility for
automobile or other conveyance and adaptive equipment eligibility is
extremely detrimental to veterans and members of the Armed Forces
serving on active duty who are currently afflicted with ALS. Any delay
in implementation until after a public-comment period could delay
modifying the regulated certificate of eligibility
[[Page 10003]]
process, depriving ALS veterans and members of the Armed Forces serving
on active duty with ALS of quick and efficient access to automobile or
other conveyance and adaptive equipment benefits.
For the foregoing reasons, the Secretary is issuing this rule as an
interim final rule with immediate effect.
Paperwork Reduction Act
This interim 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 interim 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 interim 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 interim final rule is exempt from the
final regulatory flexibility analysis requirements of section 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), unless OMB waives such review, 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. VA's impact analysis can be found as a
supporting document at https://www.regulations.gov, usually within 48
hours after the rulemaking document is published. Additionally, a copy
of the rulemaking and its impact analysis are available on VA's Web
site at https://www.va.gov/orpm/, by following the link for VA
Regulations Published From FY 2004 Through FYTD.
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 1 year. This interim final rule will have no such
effect on State, local, and tribal governments, or on the private
sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 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. Jose D.
Riojas, Chief of Staff, approved this document on February 12, 2015,
for publication.
List of Subjects in 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits,
Health care, Pensions, Veterans.
Dated: February 20, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of
the General Counsel, U.S. Department of Veterans Affairs.
For the reasons set out in the preamble, VA amends 38 CFR part 3 as
follows:
PART 3--ADJUDICATION
Subpart A--Pension, Compensation, and Dependency and Indemnity
Compensation
0
1. The authority citation for part 3, subpart A continues to read as
follows:
Authority: 38 U.S.C. 501(a), unless otherwise noted.
0
2. Amend Sec. 3.808 by redesignating paragraph (b)(5) as paragraph
(b)(6) and adding a new paragraph (b)(5) to read as follows:
Sec. 3.808 Automobiles or other conveyances and adaptive equipment;
certification.
* * * * *
(b) * * *
(5) Amyotrophic lateral sclerosis.
* * * * *
[FR Doc. 2015-03889 Filed 2-24-15; 8:45 am]
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