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, 1512-1513 [2016-00490]

Download as PDF 1512 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations To update and clarify the Administrator’s rulemaking authority to be consistent with other parts of its regulations, the FAA is amending the authority citation for part 97. DATES: Effective 0901 UTC, January 13, 2016. ADDRESSES: For 14 CFR part 97 rulemaking actions: All Standard Instrument Approach Procedures (SIAPs) and Takeoff Minimums and Obstacle Departure Procedures (ODPs) are available online at https:// nfdc.faa.gov. Additionally, individual SIAP and Takeoff Minimums and ODP copies may be obtained from the FAA Air Traffic Organization Service Area in which the affected airport is located. For information on the availability of this information at the National Archives and Records Administration (NARA), call (202) 741–6030, or go to http:// www.archives.gov/federal_register/ code_of_federal_regulations/ibr_ locations.html. FOR FURTHER INFORMATION CONTACT: Robert Frenzel, Regulations Division, Office of the Chief Counsel, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, telephone: (202) 267–3073. SUPPLEMENTARY INFORMATION: asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: The Rule This amendment to Title 14, Code of Federal Regulations (14 CFR) part 97 amends the authority citation for part 97; Standard Instrument Procedures, by adding an additional citation, 49 U.S.C. 106(f), at the beginning of the authority citation string. This action updates and clarifies the Administrator’s rulemaking authority to be consistent with other parts of Title 14, Code of Federal Regulations. This is an administrative change reflecting clarification of rulemaking authority, therefore, notice and public procedure under 5 U.S.C. 553(b) is unnecessary. Also, as provided in 5 U.S.C. 553(d), this rule is being published with an effective date of less than 30 days in order to keep current standard instrument approach procedures (SIAPs) previously published in the Federal Register with later effective dates, and other SIAPs soon to be published. The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current, is non-controversial and unlikely to result in adverse or negative comments. It, therefore, (1) is not a ‘‘significant regulatory action’’ under VerDate Sep<11>2014 15:56 Jan 12, 2016 Jkt 238001 Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that only affects air traffic procedures and air navigation, it is certified that this rule, when promulgated, does not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act. The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103, sovereignty and use of airspace and Subpart iii, section 44701, general requirements. Under these sections, the FAA is charged with prescribing regulations to regulate the safe and efficient use of the navigable airspace; to govern the flight, navigation, protection, and identification of aircraft for the protection of persons and property on the ground, and for the efficient use of the navigable airspace (49 U.S.C. 40103(b)), and to promote safe flight of civil aircraft in air commerce by prescribing regulations and minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security (49 U.S.C. 44701(a)(5)). This regulation is within the scope of that authority as it further describes the authority of the FAA Administrator for part 97 rulemaking. Lists of Subjects in 14 CFR Part 97 Air traffic control, Airports, Incorporation by reference, Navigation (air). Adoption of the Amendment In consideration of the foregoing, the Federal Aviation Administration amends 14 CFR part 97 as follows: PART 97—STANDARD INSTRUMENT PROCEDURES 1. The authority citation for part 97 is revised to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40106, 40113, 40114, 40120, 44502, 44514, 44701, 44719, and 44721–44722. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Issued in Washington, DC, on January 6, 2016. Lirio Liu, Director, Office of Rulemaking. [FR Doc. 2016–00522 Filed 1–12–16; 8:45 am] BILLING CODE 4910–13–P 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 Connected to Military Service Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) published an Interim Final Rule on February 25, 2015, to amend its adjudication regulations to provide a certificate of eligibility for financial assistance in the purchase of an automobile or other conveyance and adaptive equipment for all veterans with service-connected amyotrophic lateral sclerosis (ALS) and servicemembers serving on active duty with ALS. The amendment authorized 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 ALS and members of the Armed Forces serving on active duty with ALS. The intent of this final rule is to confirm the amendment made by the interim final rule without change. DATES: Effective Date: This final rule is effective January 13, 2016. 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. FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief, 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 February 25, 2015 (80 FR 10001), VA amended its regulation at 38 CFR 3.308 to provide a certificate of eligibility for financial assistance in the purchase of an automobile or other SUMMARY: E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations conveyance and adaptive equipment for all veterans with service-connected amyotrophic lateral sclerosis (ALS) and servicemembers serving on active duty with ALS. VA provided 60 days in which to comment on the amendments made by the Interim Final Rule, with the comment period ending April 27, 2015. We received three comments. Two of the commenters expressed support for this amendment. The third commenter discussed the initial evaluation rating and entitlement to special monthly compensation for veterans with serviceconnected ALS and servicemembers serving on active duty with ALS. Because those comments were not directed to the subject of this amendment, we make no changes based on those comments. Based on the rationale set forth in the interim final rule published in the Federal Register at 80 FR 10001 on February 25, 2015, VA is adopting the provisions of the interim final rule as a final rule without change. asabaliauskas on DSK5VPTVN1PROD with RULES Administrative Procedure Act Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), we 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 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 would have been 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 have delayed modifying the regulated certificate of eligibility 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. VerDate Sep<11>2014 15:56 Jan 12, 2016 Jkt 238001 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 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 available on VA’s Web site at http://www.va.gov/orpm/, by following the link for VA Regulations Published From FY 2004 Through FYTD. 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 PO 00000 Frm 00033 Fmt 4700 Sfmt 9990 1513 VA beneficiaries will be directly affected. Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from the final regulatory flexibility analysis requirements of section 604. 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 final rule will have no such effect on State, local, and tribal governments, or on the private sector. 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). 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. Robert L. Nabors II, Chief of Staff, Department of Veterans Affairs, approved this document on January 7, 2016, for publication. Accordingly, the Department of Veterans Affairs adopts the interim rule published February 25, 2015 (80 FR 10001), as final without change. List of Subjects in 38 CFR Part 3 Administrative practice and procedure; Claims; Disability benefits; Health care; Pensions; Veterans. Dated: January 8, 2016. Michael P. Shores, Chief Impact Analyst, Office of Regulation Policy & Management, Office of the General Counsel, Department of Veterans Affairs. [FR Doc. 2016–00490 Filed 1–12–16; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 81, Number 8 (Wednesday, January 13, 2016)]
[Rules and Regulations]
[Pages 1512-1513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00490]


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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 Connected to Military Service

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) published an Interim 
Final Rule on February 25, 2015, to amend its adjudication regulations 
to provide a certificate of eligibility for financial assistance in the 
purchase of an automobile or other conveyance and adaptive equipment 
for all veterans with service-connected amyotrophic lateral sclerosis 
(ALS) and servicemembers serving on active duty with ALS. The amendment 
authorized 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 ALS and members of the Armed Forces serving on active duty 
with ALS. The intent of this final rule is to confirm the amendment 
made by the interim final rule without change.

DATES: Effective Date: This final rule is effective January 13, 2016.
    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.

FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief, 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 February 25, 2015 (80 FR 10001), VA amended its regulation 
at 38 CFR 3.308 to provide a certificate of eligibility for financial 
assistance in the purchase of an automobile or other

[[Page 1513]]

conveyance and adaptive equipment for all veterans with service-
connected amyotrophic lateral sclerosis (ALS) and servicemembers 
serving on active duty with ALS.
    VA provided 60 days in which to comment on the amendments made by 
the Interim Final Rule, with the comment period ending April 27, 2015. 
We received three comments. Two of the commenters expressed support for 
this amendment. The third commenter discussed the initial evaluation 
rating and entitlement to special monthly compensation for veterans 
with service-connected ALS and servicemembers serving on active duty 
with ALS. Because those comments were not directed to the subject of 
this amendment, we make no changes based on those comments. Based on 
the rationale set forth in the interim final rule published in the 
Federal Register at 80 FR 10001 on February 25, 2015, VA is 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), we 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 
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 would 
have been 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 have 
delayed modifying the regulated certificate of eligibility 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.

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 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 available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for VA 
Regulations Published From FY 2004 Through FYTD.

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 final regulatory 
flexibility analysis requirements of section 604.

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 final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

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).

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. Robert L. 
Nabors II, Chief of Staff, Department of Veterans Affairs, approved 
this document on January 7, 2016, for publication.
    Accordingly, the Department of Veterans Affairs adopts the interim 
rule published February 25, 2015 (80 FR 10001), as final without 
change.

List of Subjects in 38 CFR Part 3

    Administrative practice and procedure; Claims; Disability benefits; 
Health care; Pensions; Veterans.

    Dated: January 8, 2016.
Michael P. Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, Department of Veterans Affairs.
[FR Doc. 2016-00490 Filed 1-12-16; 8:45 am]
BILLING CODE 8320-01-P