Schedule for Rating Disabilities: The Hematologic and Lymphatic Systems; Correction, 61248-61249 [2022-21995]
Download as PDF
<![CDATA[
61248
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations
industrial research and industrial design
services; quality control and
authentication services; design and
development of computer hardware and
software.
43. Services for providing food and
drink; temporary accommodation.
44. Medical services; veterinary
services; hygienic and beauty care for
human beings or animals; agriculture,
aquaculture, horticulture and forestry
services.
45. Legal services; security services
for the physical protection of tangible
property and individuals; dating
services, online social networking
services; funerary services; babysitting.
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual
Property and Director of the United States
Patent and Trademark Office.
[FR Doc. 2022–22065 Filed 10–7–22; 8:45 am]
BILLING CODE 3510–16–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 4
RIN 2900–AO19
Schedule for Rating Disabilities: The
Hematologic and Lymphatic Systems;
Correction
Department of Veterans Affairs.
ACTION: Correcting amendments.
AGENCY:
On October 29, 2018, the
Department of Veterans Affairs (VA)
published in the Federal Register a final
rule that amended the portion of the VA
Schedule for Rating Disabilities
(‘‘VASRD’’ or ‘‘rating schedule’’) that
addresses the hematologic and
lymphatic systems. This correction
SUMMARY:
addresses two typographical errors in
the text of a 100-percent disability
evaluation language under diagnostic
code (DC) 7718, Essential
Thrombocythemia and Primary
Myelofibrosis, and Note (2) under DC
7718 in the published final rule.
DATES: This correction is effective
October 11, 2022. The correction is
applicable as of December 9, 2018.
FOR FURTHER INFORMATION CONTACT:
Leah Carey, Regulations Analyst,
VASRD Program Management Office
(218A), 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 telephone
number.)
SUPPLEMENTARY INFORMATION: VA is
correcting its regulations published on
October 29, 2018, in the Federal
Register at 83 FR 54250 in the final rule
‘‘RIN 2900–AO19, Schedule for Rating
Disabilities: The Hematologic and
Lymphatic Systems’’. The first error is
within the text of the 100 percent
evaluation for diagnostic code (DC) 7718
Essential Thrombocythemia and
Primary Myelofibrosis. Within the
preamble of the proposed rule, VA
proposed a 100-percent evaluation in
cases requiring either continuous
myelosuppressive therapy or, for six
months following hospital admission,
any of the following treatments:
peripheral blood or bone marrow stem
cell transplant, or chemotherapy, or
radioactive phosphorus. (See 80 FR
46888 published August 6, 2015.)
Within the final rule, VA replaced
radioactive phosphorus with interferon
treatment because radioactive
phosphorus is an outdated treatment
and interferon alpha treatment is in line
with current clinical practice. (See 83
FR 54253 published October 29, 2018.)
However, VA omitted ‘‘any of the
following treatments:’’ in the regulatory
text of its proposed and final rules. VA
corrects this error by adding the phrase
‘‘for any of the following treatments:’’
after the words ‘‘hospital admission’’ of
the 100-percent disability evaluation
criteria under DC 7718.
The second error is within the text of
Note (2) under DC 7718. VA excluded
interferon treatment from its discussion
regarding the assignment of 100 percent
evaluations and mandatory VA
examinations following hospital
admission. To promote clarity and the
consistency of application of its rating
schedule, VA adds interferon treatment
to the list of treatments to the text on
Note (2). This change is editorial in
nature and does not result in any
substantive changes to the rating
criteria.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions,
Veterans.
For the reasons set out in the
preamble, 38 CFR part 4 is corrected by
making the following correcting
amendment:
PART 4—SCHEDULE FOR RATING
DISABILITIES
1. The authority citation for part 4
continues to read as follows:
■
Authority: 38 U.S.C. 1155, unless
otherwise noted.
2. Amend § 4.117 by revising the entry
for diagnostic code 7718 to read as
follows:
■
§ 4.117 Schedule of ratings—hematologic
and lymphatic systems.
*
*
*
*
*
khammond on DSKJM1Z7X2PROD with RULES
Rating
*
*
*
*
*
*
7718 Essential thrombocythemia and primary myelofibrosis:
Requiring either continuous myelosuppressive therapy, or, for six months following hospital admission for any of the following
treatments: peripheral blood or bone marrow stem cell transplant, or chemotherapy, or interferon treatment .............................
Requiring continuous or intermittent myelosuppressive therapy, or chemotherapy, or interferon treatment to maintain platelet
count <500 × 109/L ..........................................................................................................................................................................
Requiring continuous or intermittent myelosuppressive therapy, or chemotherapy, or interferon treatment to maintain platelet
count of 200,000–400,000, or white blood cell (WBC) count of 4,000–10,000 ..............................................................................
Asymptomatic ......................................................................................................................................................................................
Note (1): If the condition undergoes leukemic transformation, evaluate as leukemia under diagnostic code 7703.
Note (2): A 100 percent evaluation shall be assigned as of the date of hospital admission for peripheral blood or bone marrow
stem cell transplant; or during the period of treatment with chemotherapy (including myelosuppressants) or interferon treatment. Six months following hospital discharge or, in the case of chemotherapy treatment, six months after completion of treatment, the appropriate disability rating shall be determined by mandatory VA examination. Any reduction in evaluation based
upon that or any subsequent examination shall be subject to the provisions of § 3.105(e) of this chapter.
*
VerDate Sep<11>2014
*
16:23 Oct 07, 2022
*
Jkt 259001
PO 00000
*
Frm 00032
Fmt 4700
*
Sfmt 4700
E:\FR\FM\11OCR1.SGM
*
11OCR1
*
100
70
30
0
*
Federal Register / Vol. 87, No. 195 / Tuesday, October 11, 2022 / Rules and Regulations
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy
& Management, Office of the Secretary,
Department of Veterans Affairs.
[FR Doc. 2022–21995 Filed 10–7–22; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R08–OAR–2019–0140; EPA–HQ–
OAR–2021–0663; FRL–9782–02–R8]
Air Plan Approval; Colorado;
Addressing Remanded Portions of the
Previously Approved Infrastructure
Requirements for the 2015 Ozone
National Ambient Air Quality
Standards
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
On January 5, 2021, the
United States Court of Appeals for the
Tenth Circuit granted the
Environmental Protection Agency’s
(EPA) motion for a voluntary remand
without vacatur of two parts of an EPA
2020 final rule approving Colorado’s
infrastructure state implementation plan
(SIP) submission for the 2015 8-hour
ozone national ambient air quality
standards (NAAQS) (2020 final rule). In
this document, EPA is taking final
action to approve those two remanded
parts of the 2020 final rule. First, EPA
is finalizing our conclusion that
Colorado’s infrastructure SIP
submission meets the State’s good
neighbor obligations under Clean Air
Act (CAA) section 110(a)(2)(D)(i)(I).
Lastly, EPA is also finalizing our
conclusion that Colorado’s
infrastructure SIP submission provided
‘‘necessary assurances’’ of the State’s
authority to regulate agricultural sources
under CAA section 110(a)(2)(E)(i). EPA
is taking this action pursuant to the
CAA.
SUMMARY:
This rule is effective on
November 10, 2022.
ADDRESSES: EPA has established two
dockets for this action. The regional
docket, Docket ID No. EPA–R08–OAR–
2019–0140 contains information
specific to Colorado, including this final
rule document, and the notice of
proposed rulemaking. Docket ID No.
EPA–HQ–OAR–2021–0663 contains
additional modeling files, emissions
inventory files, technical support
documents, and other relevant
supporting documentation regarding
interstate transport of emissions for the
khammond on DSKJM1Z7X2PROD with RULES
DATES:
VerDate Sep<11>2014
16:23 Oct 07, 2022
Jkt 259001
2015 8-hour ozone NAAQS which were
used to support EPA’s proposed
approval. All documents in the docket
are listed on the www.regulations.gov
website. Although listed in the docket,
some information may not be publicly
available, e.g., CBI or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through www.regulations.gov,
or please contact the person identified
in the FOR FURTHER INFORMATION
CONTACT section for additional
availability information.
FOR FURTHER INFORMATION CONTACT:
Amrita Singh, Air and Radiation
Division, EPA, Region 8, Mailcode
8ARD–IO, 1595 Wynkoop Street,
Denver, Colorado, 80202–1129,
telephone number: (303) 312–6103,
email address: singh.amrita@epa.gov; or
Ellen Schmitt, telephone number: (303)
312–6728, email address: schmitt.ellen@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means EPA.
I. Background
On May 6, 2022 (88 FR 27050), EPA
published a document in the Federal
Register proposing approval of the two
remanded parts of EPA’s 2020 final
rule.1 EPA’s May 2022 proposed
approval addressed (1) the adequacy of
Colorado’s infrastructure submission for
the 2015 8-hour ozone NAAQS under
the CAA’s ‘‘good neighbor provision,’’ 2
which generally requires SIPs to contain
adequate provisions to prohibit in-state
emissions from significantly
contributing to nonattainment or
interfering with the maintenance in
another state, and (2) the adequacy of
Colorado’s infrastructure submission for
the 2015 8-hour ozone NAAQS under
CAA section 110(a)(2)(E)(i), particularly
with respect to Colorado’s authority to
regulate agricultural sources.3 The
rationale for EPA’s proposed action is
included in the May 6, 2022 proposal
and will not be repeated here.
II. Response to Comments
EPA received comments on the
proposed rule from an individual
citizen and the Center for Biological
61249
Diversity (the Center). We summarize
and respond to the comments below.
Individual Citizen
Comment: The commenter initially
states that ‘‘concerns regarding the 2015
Ozone NAAQS infrastructure
requirements highlight potential
problems regarding both the ‘Good
Neighbor Provision’ CAA section
110(a)(2)(D)(i)(I), as well as the adequate
implementation of [the] SIP regarding
CAA section 110(a)(2)(E)(i).’’ The
commenter believes that EPA’s use of
the 4-step interstate transport
framework is an effective method to
address the previously mentioned
concerns, but that there needs to be
adequate implementation and ‘‘more
stringent regulations reinforced
regarding step 3 and step 4, of the 4-step
interstate transport framework.’’ The
commenter recommends two
‘‘strategies’’ in order to make the 4-step
framework more stringent. For Step 3,
the commenter suggests re-evaluating
Prevention of Significant Deterioration
(PSD) regulations, with a focus on
‘‘improving standards’’ related to Best
Available Control Technology (BACT).
Regarding Step 4, the commenter
recommends that EPA adopt measures
to reduce carbon via a cap-and-trade
system.
Response: These comments are not
relevant to the action EPA proposed. In
the proposed rule, EPA applied the
well-established 4-step framework for
assessing interstate ozone transport to
determine whether Colorado’s
infrastructure SIP meets the
requirements of CAA section
110(a)(2)(D)(i)(I). We invited comment
on our conclusions with respect to
Colorado’s infrastructure SIP, but did
not invite comment on the integrity and
process of the 4-step framework itself.4
Further, we determined that Colorado’s
emissions do not contribute at or above
the threshold of 1 percent of the 2015
8-hour ozone NAAQS (0.70 parts per
billion (ppb)) to any downwind
nonattainment or maintenance receptor
at Step 2 of the 4-step interstate
transport framework, and thus did not
reach the steps of the 4-step framework
discussed in this comment, i.e., analysis
of potential emissions controls at Step 3
or permanent and federally enforceable
control strategies to achieve emissions
reductions at Step 4.5 6 Thus, the
4 87
1 2020
final rule. Approval and Promulgation of
State Implementation Plan Revisions; Infrastructure
Requirements for the 2015 Ozone National Ambient
Air Quality Standards; Colorado and North Dakota,
85 FR 20169 (April 10, 2020).
2 42 U.S.C. 7410(a)(2)(D)(i)(I).
3 42 U.S.C. 7410(a)(2)(E)(i).
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
FR 27054.
FR at 27056–58.
6 EPA’s determination not to further evaluate
Colorado’s contributions at Steps 3 or 4 of the
interstate transport framework was additionally
supported by the analysis provided in the Uinta
Basin technical support document (TSD) of this
5 87
E:\FR\FM\11OCR1.SGM
Continued
11OCR1
]]>Agencies
[Federal Register Volume 87, Number 195 (Tuesday, October 11, 2022)]
[Rules and Regulations]
[Pages 61248-61249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-21995]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 4
RIN 2900-AO19
Schedule for Rating Disabilities: The Hematologic and Lymphatic
Systems; Correction
AGENCY: Department of Veterans Affairs.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: On October 29, 2018, the Department of Veterans Affairs (VA)
published in the Federal Register a final rule that amended the portion
of the VA Schedule for Rating Disabilities (``VASRD'' or ``rating
schedule'') that addresses the hematologic and lymphatic systems. This
correction addresses two typographical errors in the text of a 100-
percent disability evaluation language under diagnostic code (DC) 7718,
Essential Thrombocythemia and Primary Myelofibrosis, and Note (2) under
DC 7718 in the published final rule.
DATES: This correction is effective October 11, 2022. The correction is
applicable as of December 9, 2018.
FOR FURTHER INFORMATION CONTACT: Leah Carey, Regulations Analyst, VASRD
Program Management Office (218A), 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 telephone number.)
SUPPLEMENTARY INFORMATION: VA is correcting its regulations published
on October 29, 2018, in the Federal Register at 83 FR 54250 in the
final rule ``RIN 2900-AO19, Schedule for Rating Disabilities: The
Hematologic and Lymphatic Systems''. The first error is within the text
of the 100 percent evaluation for diagnostic code (DC) 7718 Essential
Thrombocythemia and Primary Myelofibrosis. Within the preamble of the
proposed rule, VA proposed a 100-percent evaluation in cases requiring
either continuous myelosuppressive therapy or, for six months following
hospital admission, any of the following treatments: peripheral blood
or bone marrow stem cell transplant, or chemotherapy, or radioactive
phosphorus. (See 80 FR 46888 published August 6, 2015.) Within the
final rule, VA replaced radioactive phosphorus with interferon
treatment because radioactive phosphorus is an outdated treatment and
interferon alpha treatment is in line with current clinical practice.
(See 83 FR 54253 published October 29, 2018.) However, VA omitted ``any
of the following treatments:'' in the regulatory text of its proposed
and final rules. VA corrects this error by adding the phrase ``for any
of the following treatments:'' after the words ``hospital admission''
of the 100-percent disability evaluation criteria under DC 7718.
The second error is within the text of Note (2) under DC 7718. VA
excluded interferon treatment from its discussion regarding the
assignment of 100 percent evaluations and mandatory VA examinations
following hospital admission. To promote clarity and the consistency of
application of its rating schedule, VA adds interferon treatment to the
list of treatments to the text on Note (2). This change is editorial in
nature and does not result in any substantive changes to the rating
criteria.
List of Subjects in 38 CFR Part 4
Disability benefits, Pensions, Veterans.
For the reasons set out in the preamble, 38 CFR part 4 is corrected
by making the following correcting amendment:
PART 4--SCHEDULE FOR RATING DISABILITIES
0
1. The authority citation for part 4 continues to read as follows:
Authority: 38 U.S.C. 1155, unless otherwise noted.
0
2. Amend Sec. 4.117 by revising the entry for diagnostic code 7718 to
read as follows:
Sec. 4.117 Schedule of ratings--hematologic and lymphatic systems.
* * * * *
------------------------------------------------------------------------
Rating
------------------------------------------------------------------------
* * * * * * *
7718 Essential thrombocythemia and primary
myelofibrosis:
Requiring either continuous myelosuppressive therapy, 100
or, for six months following hospital admission for any
of the following treatments: peripheral blood or bone
marrow stem cell transplant, or chemotherapy, or
interferon treatment...................................
Requiring continuous or intermittent myelosuppressive 70
therapy, or chemotherapy, or interferon treatment to
maintain platelet count <500 x 10\9\/L.................
Requiring continuous or intermittent myelosuppressive 30
therapy, or chemotherapy, or interferon treatment to
maintain platelet count of 200,000-400,000, or white
blood cell (WBC) count of 4,000-10,000.................
Asymptomatic............................................ 0
Note (1): If the condition undergoes leukemic
transformation, evaluate as leukemia under diagnostic
code 7703.
Note (2): A 100 percent evaluation shall be assigned as
of the date of hospital admission for peripheral blood
or bone marrow stem cell transplant; or during the
period of treatment with chemotherapy (including
myelosuppressants) or interferon treatment. Six months
following hospital discharge or, in the case of
chemotherapy treatment, six months after completion of
treatment, the appropriate disability rating shall be
determined by mandatory VA examination. Any reduction
in evaluation based upon that or any subsequent
examination shall be subject to the provisions of Sec.
3.105(e) of this chapter.
* * * * * * *
------------------------------------------------------------------------
[[Page 61249]]
Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of
the Secretary, Department of Veterans Affairs.
[FR Doc. 2022-21995 Filed 10-7-22; 8:45 am]
BILLING CODE 8320-01-P
