80_FR_10038 80 FR 10001 - Automobile or Other Conveyance and Adaptive Equipment Certificate of Eligibility for Veterans or Members of the Armed Forces With Amyotrophic Lateral Sclerosis

80 FR 10001 - 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

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10001-10003
FR Document2015-03889

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.

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Rules and Regulations]
[Pages 10001-10003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03889]


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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

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 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.

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]
BILLING CODE P



                                                                   Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations                                        10001

                                                  both use a portion of the total 12-week                  care for the child after birth, for                   DEPARTMENT OF VETERANS
                                                  FMLA leave entitlement for either the                    placement of a son or daughter with the               AFFAIRS
                                                  birth of a child, for placement for                      employee for adoption or foster care, or
                                                  adoption or foster care, or to care for a                to care for the child after placement, to             38 CFR Part 3
                                                  parent, the spouses would each be                        care for the employee’s parent with a                 RIN 2900–AP26
                                                  entitled to the difference between the                   serious health condition, or to care for
                                                  amount he or she has taken individually                  a covered servicemember with a serious                Automobile or Other Conveyance and
                                                  and 12 weeks for FMLA leave for other                    injury or illness. This limitation on the             Adaptive Equipment Certificate of
                                                  purposes. * * *                                          total weeks of leave applies to leave                 Eligibility for Veterans or Members of
                                                    (4) * * * Thus, spouses may each                       taken for the reasons specified as long               the Armed Forces With Amyotrophic
                                                  take 12 weeks of FMLA leave if needed                                                                          Lateral Sclerosis
                                                                                                           as the spouses are employed by the
                                                  to care for an adopted or foster child
                                                                                                           same employer. * * *                                  AGENCY:    Department of Veterans Affairs.
                                                  with a serious health condition, even if
                                                  both are employed by the same                            ■  7. Amend § 825.201 by revising the                 ACTION:   Interim final rule.
                                                  employer, provided they have not                         first, second, and fifth sentences of
                                                  exhausted their entitlements during the                  paragraph (b) to read as follows:                     SUMMARY:    The Department of Veterans
                                                  applicable 12-month FMLA leave                                                                                 Affairs (VA) is amending its
                                                  period.                                                  § 825.201    Leave to care for a parent.              adjudication regulation regarding
                                                  *     *     *      *     *                               *      *    *      *    *                             certificates of eligibility for financial
                                                                                                                                                                 assistance in the purchase of an
                                                  ■ 5. Revise § 825.122(b) to read as                         (b) Same employer limitation.
                                                                                                                                                                 automobile or other conveyance and
                                                  follows:                                                 Spouses who are eligible for FMLA                     adaptive equipment. The amendment
                                                                                                           leave and are employed by the same                    authorizes automatic issuance of a
                                                  § 825.122 Definitions of covered
                                                  servicemember, spouse, parent, son or                    covered employer may be limited to a                  certificate of eligibility for financial
                                                  daughter, next of kin of a covered                       combined total of 12 weeks of leave                   assistance in the purchase of an
                                                  servicemember, adoption, foster care, son                during any 12-month period if the leave               automobile or other conveyance and
                                                  or daughter on covered active duty or call               is taken to care for the employee’s                   adaptive equipment to all veterans with
                                                  to covered active duty status, son or                    parent with a serious health condition,               service-connected amyotrophic lateral
                                                  daughter of a covered servicemember, and                 for the birth of the employee’s son or
                                                  parent of a covered servicemember.
                                                                                                                                                                 sclerosis (ALS) and members of the
                                                                                                           daughter or to care for the child after the           Armed Forces serving on active duty
                                                  *      *     *     *     *                               birth, or for placement of a son or                   with ALS.
                                                     (b) Spouse, as defined in the statute,                daughter with the employee for
                                                  means a husband or wife. For purposes                                                                          DATES: Effective Date: This interim final
                                                                                                           adoption or foster care or to care for the            rule is effective February 25, 2015.
                                                  of this definition, husband or wife refers
                                                                                                           child after placement. This limitation on                Comment Date: Comments must be
                                                  to the other person with whom an
                                                                                                           the total weeks of leave applies to leave             received by VA on or before April 27,
                                                  individual entered into marriage as
                                                  defined or recognized under state law                    taken for the reasons specified as long               2015.
                                                  for purposes of marriage in the State in                 as the spouses are employed by the                       Applicability Date: The provisions of
                                                  which the marriage was entered into or,                  same employer. * * * Where the                        this regulatory amendment apply to all
                                                  in the case of a marriage entered into                   spouses both use a portion of the total               applications for a certificate of
                                                  outside of any State, if the marriage is                 12-week FMLA leave entitlement for                    eligibility for an automobile or other
                                                  valid in the place where entered into                    either the birth of a child, for placement            conveyance and adaptive equipment
                                                  and could have been entered into in at                   for adoption or foster care, or to care for           allowance pending before VA on or
                                                  least one State. This definition includes                a parent, the spouses would each be                   received after February 25, 2015.
                                                  an individual in a same-sex or common                    entitled to the difference between the                ADDRESSES: Written comments may be
                                                  law marriage that either:                                amount he or she has taken individually               submitted through
                                                     (1) Was entered into in a State that                  and 12 weeks for FMLA leave for other                 www.Regulations.gov; by mail or hand-
                                                  recognizes such marriages; or                            purposes. * * *                                       delivery to Director, Regulation Policy
                                                     (2) If entered into outside of any State,                                                                   and Management (02REG), Department
                                                                                                           ■ 8. Amend § 825.202 by revising the
                                                  is valid in the place where entered into                                                                       of Veterans Affairs, 810 Vermont Ave.
                                                                                                           third sentence of paragraph (c) to read
                                                  and could have been entered into in at                                                                         NW., Room 1068, Washington, DC
                                                                                                           as follows:                                           20420; or by fax to (202) 273–9026.
                                                  least one State.
                                                  *      *     *     *     *                               § 825.202 Intermittent leave or reduced               Comments should indicate that they are
                                                  ■ 6. Amend § 825.127 by revising the                     leave schedule.                                       submitted in response to ‘‘RIN 2900–
                                                  first and second sentences of paragraph                                                                        AP26—Automobile or Other
                                                                                                           *     *    *     *     *
                                                  (f) to read as follows:                                                                                        Conveyance and Adaptive Equipment
                                                                                                             (c) * * * The employer’s agreement is               Certificate of Eligibility for Veterans or
                                                  § 825.127 Leave to care for a covered                    not required, however, for leave during               Members of the Armed Forces With
                                                  servicemember with a serious injury or                   which the expectant mother has a                      Amyotrophic Lateral Sclerosis
                                                  illness (military caregiver leave).                      serious health condition in connection                Connected to Military Service.’’ Copies
                                                  *     *     *     *      *                               with the birth of her child or if the                 of comments received will be available
                                                    (f) Spouses who are eligible for FMLA                  newborn child has a serious health                    for public inspection in the Office of
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                                                  leave and are employed by the same                       condition. * * *                                      Regulation Policy and Management,
                                                  covered employer may be limited to a                     *     *    *     *     *                              Room 1068, between the hours of 8:00
                                                  combined total of 26 workweeks of                        [FR Doc. 2015–03569 Filed 2–23–15; 11:15 am]          a.m. and 4:30 p.m., Monday through
                                                  leave during the single 12-month period                  BILLING CODE 4510–27–P
                                                                                                                                                                 Friday (except holidays). Please call
                                                  described in paragraph (e) of this                                                                             (202) 461–4902 for an appointment.
                                                  section if the leave is taken for birth of                                                                     (This is not a toll free number.) In
                                                  the employee’s son or daughter or to                                                                           addition, during the comment period,


                                             VerDate Sep<11>2014    15:08 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00017   Fmt 4700   Sfmt 4700   E:\FR\FM\25FER1.SGM   25FER1


                                                  10002            Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations

                                                  comments may be viewed online                               VA’s automobile and adaptive                       established after a brief period of
                                                  through the Federal Docket Management                    equipment allowance eligibility                       observation, in most cases less than 3
                                                  System (FDMS) at www.Regulations.gov.                    regulation, 38 CFR 8.808 Automobiles                  months, VA has determined that it is
                                                                                                           or other conveyances and adaptive                     fair and reasonable to provide a
                                                  FOR FURTHER INFORMATION CONTACT:
                                                                                                           equipment; certification, which was                   certificate of eligibility for automobile or
                                                  Randy A. McKevitt, Legal Consultant,
                                                                                                           promulgated to implement 38 U.S.C.                    other conveyance and adaptive
                                                  Regulations Staff (211D), Compensation
                                                                                                           3901 and 3902, includes the same                      equipment upon determination of
                                                  Service, Veterans Benefits
                                                                                                           criteria for entitlement to a certificate of          service connection for ALS in a veteran
                                                  Administration, Department of Veterans                   eligibility as 38 U.S.C. 3901. Because                or on diagnosis and receipt of an
                                                  Affairs, 810 Vermont Avenue NW.,                         ALS is a rapidly progressive, totally                 application from a member of the
                                                  Washington, DC 20420, (202) 461–9700.                    debilitating, and irreversible disease,               Armed Forces serving on active duty.
                                                  (This is not a toll-free number.)                        VA has determined that progression of                    VA, therefore, intends to establish
                                                  SUPPLEMENTARY INFORMATION:         In a                  ALS will routinely, and quickly, satisfy              entitlement for a certificate of eligibility
                                                  document published in the Federal                        these existing certificate of eligibility             for automobile or other conveyance and
                                                  Register on December 20, 2011 (76 FR                     criteria. This interim final rule permits             adaptive equipment eligibility for
                                                  78823), VA amended its regulations                       VA to determine entitlement to a                      eligible veterans with service-connected
                                                  pertaining to the percent disability                     certificate of eligibility for an                     ALS and members of the Armed Forces
                                                  evaluation assignable for service-                       automobile or other conveyance and                    serving on active duty with ALS. VA is
                                                  connected amyotrophic lateral sclerosis                  adaptive equipment as soon as a veteran               doing so by adding a new provision to
                                                  (ALS). As of January 19, 2012, the                       establishes service connection for ALS,               38 CFR 3.808, which governs eligibility
                                                  effective date of that amendment, 38                     or a member of the Armed Forces                       for entitlement for a certificate of
                                                  CFR 4.124a, diagnostic code 8017,                        serving on active duty is diagnosed with              eligibility for automobile or other
                                                  provides a 100-percent disability                        ALS, eliminating the need for additional              conveyance and adaptive equipment
                                                  evaluation for veterans with service-                    development and reducing wait times.                  under 38 U.S.C. 3901 and 3902. This
                                                  connected ALS. VA determined that                        By streamlining the eligibility process,              new provision adds ALS as a qualifying
                                                  assigning a 100-percent evaluation in all                this regulatory amendment will allow                  disability for eligibility to this benefit
                                                  cases eliminates the need to                             veterans with service-connected ALS                   and will allow eligible individuals to
                                                  unnecessarily reevaluate veterans with                   and members of the Armed Forces                       access this benefit without further
                                                  ALS repeatedly over a short period of                    serving on active duty with ALS to                    development and delay. VA
                                                  time as the condition worsens and                        receive and utilize to maximum                        incorporates this new category of
                                                  inevitably progresses to total disability.               advantage the automobile or other                     criteria in § 3.808 as new paragraph
                                                  The change was necessary to adequately                   conveyance and adaptive equipment                     (b)(5). Current paragraph (b)(5) will be
                                                  compensate veterans who suffer from                      benefit, without unnecessary delay.                   redesignated as paragraph (b)(6).
                                                  this progressive, untreatable, and fatal                    From the standpoint of entitlement to
                                                                                                                                                                 Administrative Procedure Act
                                                  disease. However, the change did not                     a certificate of eligibility for automobile
                                                                                                           or other conveyance and adaptive                         Pursuant to 5 U.S.C. 553(b)(B) and
                                                  specifically address entitlement to
                                                                                                           equipment qualification procedures, the               (d)(3), we find that there is good cause
                                                  certificates of eligibility for financial                                                                      to dispense with advance public notice
                                                  assistance in the purchase of an                         effect of this regulatory amendment is to
                                                                                                           allocate resources more efficiently and               and opportunity to comment on this
                                                  automobile or other conveyance and                                                                             rule and good cause to publish this rule
                                                  adaptive equipment.                                      ensure a better lifestyle for veterans
                                                                                                           with service-connected ALS and                        with an immediate effective date. This
                                                     Section 3901(1), title 38, United States              members of the Armed Forces serving                   interim final rule is necessary to
                                                  Code (U.S.C.), provides specific criteria                on active duty with ALS who want to                   implement immediately the Secretary’s
                                                  for determining eligibility for an                       purchase and adapt an automobile or                   decision to establish entitlement for a
                                                  automobile and adaptive equipment                        other conveyance and adaptive                         certificate of eligibility for automobile or
                                                  allowance. To be eligible for an                         equipment so they can remain mobile as                other conveyance and adaptive
                                                  automobile and adaptive equipment                        long as possible. In this regard, as the              equipment for all veterans with service-
                                                  allowance, a veteran must be in receipt                  ALS progresses, the need for assistive                connected ALS and members of the
                                                  of compensation under chapter 11 of                      devices adapting an automobile or other               Armed Forces serving on active duty
                                                  title 38 U.S.C. for (or a member of the                  conveyance and adaptive equipment so                  with ALS. Delay in the implementation
                                                  Armed Forces serving on active duty                      that the veteran or member of the                     of this rule would be impracticable and
                                                  must have) loss or permanent loss of use                 Armed Forces serving on active duty                   contrary to the public interest,
                                                  of one or both feet; loss or permanent                   can continue to be mobile, including                  particularly to veterans and members of
                                                  loss of use of one or both hands;                        attending examinations and treatment                  the Armed Forces serving on active
                                                  permanent impairment of vision of both                   by medical personnel, while remaining                 duty.
                                                  eyes with central visual acuity of 20/200                in their home for as long as possible,                   Because the survival period for
                                                  or less in the better eye with the use of                will be greatly assisted. Without these               persons suffering from ALS is generally
                                                  corrective glasses or central visual                     benefits, a veteran or member of the                  18–48 months or less from the onset of
                                                  acuity of more than 20/200 if there is a                 Armed Forces serving on active duty                   symptoms, any delay in establishing
                                                  field defect in which the peripheral                     may be required to be institutionalized               entitlement for a certificate of eligibility
                                                  field has contracted to such an extent                   sooner than otherwise necessary to                    for automobile or other conveyance and
                                                  that the widest diameter of visual field                                                                       adaptive equipment eligibility is
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                                                                                                           receive medical treatment.
                                                  subtends an angular distance no greater                     Thus, there exists an immediate need               extremely detrimental to veterans and
                                                  than twenty degrees in the better eye; or                for VA to focus this regulatory change                members of the Armed Forces serving
                                                  a severe burn injury. 38 U.S.C. 3901(1).                 upon the entitlement for a certificate of             on active duty who are currently
                                                  These disabilities must be the result of                 eligibility for automobile or other                   afflicted with ALS. Any delay in
                                                  an injury incurred or disease contracted                 conveyance and adaptive equipment                     implementation until after a public-
                                                  in or aggravated by active military,                     process. Because the prognosis of the                 comment period could delay modifying
                                                  naval, or air service. Id.                               progression of ALS is typically                       the regulated certificate of eligibility


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                                                                   Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Rules and Regulations                                             10003

                                                  process, depriving ALS veterans and                      recipients thereof; or (4) Raise novel                  Dated: February 20, 2015.
                                                  members of the Armed Forces serving                      legal or policy issues arising out of legal           William F. Russo,
                                                  on active duty with ALS of quick and                     mandates, the President’s priorities, or              Acting Director, Office of Regulation Policy
                                                  efficient access to automobile or other                  the principles set forth in this Executive            & Management, Office of the General Counsel,
                                                  conveyance and adaptive equipment                        Order.’’                                              U.S. Department of Veterans Affairs.
                                                  benefits.                                                                                                        For the reasons set out in the
                                                     For the foregoing reasons, the                           The economic, interagency,
                                                                                                           budgetary, legal, and policy                          preamble, VA amends 38 CFR part 3 as
                                                  Secretary is issuing this rule as an                                                                           follows:
                                                  interim final rule with immediate effect.                implications of this regulatory action
                                                                                                           have been examined, and it has been                   PART 3—ADJUDICATION
                                                  Paperwork Reduction Act                                  determined not to be a significant
                                                    This interim final rule contains no                    regulatory action under Executive Order               Subpart A—Pension, Compensation,
                                                  provisions constituting a collection of                  12866. VA’s impact analysis can be                    and Dependency and Indemnity
                                                  information under the Paperwork                          found as a supporting document at                     Compensation
                                                  Reduction Act of 1995 (44 U.S.C. 3501–                   http://www.regulations.gov, usually
                                                  3521).                                                   within 48 hours after the rulemaking                  ■ 1. The authority citation for part 3,
                                                                                                           document is published. Additionally, a                subpart A continues to read as follows:
                                                  Regulatory Flexibility Act
                                                                                                           copy of the rulemaking and its impact                   Authority: 38 U.S.C. 501(a), unless
                                                     The Secretary hereby certifies that                                                                         otherwise noted.
                                                  this interim final rule will not have a                  analysis are available on VA’s Web site
                                                  significant economic impact on a                         at http://www.va.gov/orpm/, by                        ■ 2. Amend § 3.808 by redesignating
                                                  substantial number of small entities as                  following the link for VA Regulations                 paragraph (b)(5) as paragraph (b)(6) and
                                                  they are defined in the Regulatory                       Published From FY 2004 Through                        adding a new paragraph (b)(5) to read as
                                                  Flexibility Act, 5 U.S.C. 601–612. This                  FYTD.                                                 follows:
                                                  interim final rule will not affect any                   Unfunded Mandates                                     § 3.808 Automobiles or other conveyances
                                                  small entities. Only VA beneficiaries                                                                          and adaptive equipment; certification.
                                                  will be directly affected. Therefore,                       The Unfunded Mandates Reform Act
                                                                                                                                                                 *     *    *   *     *
                                                  pursuant to 5 U.S.C. 605(b), this interim                of 1995 requires, at 2 U.S.C. 1532, that                (b) * * *
                                                  final rule is exempt from the final                      agencies prepare an assessment of                       (5) Amyotrophic lateral sclerosis.
                                                  regulatory flexibility analysis                          anticipated costs and benefits before
                                                  requirements of section 604.                                                                                   *     *    *   *     *
                                                                                                           issuing any rule that may result in the               [FR Doc. 2015–03889 Filed 2–24–15; 8:45 am]
                                                  Executive Orders 12866 and 13563                         expenditure by State, local, and tribal
                                                                                                                                                                 BILLING CODE P
                                                                                                           governments, in the aggregate, or by the
                                                     Executive Orders 12866 and 13563
                                                                                                           private sector, of $100 million or more
                                                  direct agencies to assess the costs and
                                                                                                           (adjusted annually for inflation) in any
                                                  benefits of available regulatory                                                                               ENVIRONMENTAL PROTECTION
                                                  alternatives and, when regulation is                     1 year. This interim final rule will have
                                                                                                                                                                 AGENCY
                                                  necessary, to select regulatory                          no such effect on State, local, and tribal
                                                  approaches that maximize net benefits                    governments, or on the private sector.                40 CFR Part 180
                                                  (including potential economic,                           Catalog of Federal Domestic Assistance                [EPA–HQ–OPP–2014–0253; FRL–9919–59]
                                                  environmental, public health and safety
                                                  effects, and other advantages;                             The Catalog of Federal Domestic                     Clothianidin; Pesticide Tolerances for
                                                  distributive impacts; and equity).                       Assistance numbers and titles for the                 Emergency Exemptions
                                                  Executive Order 13563 (Improving                         programs affected by this document are
                                                  Regulation and Regulatory Review)                        64.100, Automobiles and Adaptive                      AGENCY:  Environmental Protection
                                                  emphasizes the importance of                             Equipment for Certain Disabled                        Agency (EPA).
                                                  quantifying both costs and benefits,                     Veterans and Members of the Armed                     ACTION: Final rule.
                                                  reducing costs, harmonizing rules, and                   Forces and 64.109, Veterans
                                                  promoting flexibility. Executive Order                                                                         SUMMARY:    This regulation establishes a
                                                                                                           Compensation for Service-Connected
                                                  12866 (Regulatory Planning and                                                                                 time-limited tolerance for residues of
                                                                                                           Disability.
                                                  Review) defines a ‘‘significant                                                                                clothianidin, (E)-N-[(2-chloro-5-
                                                  regulatory action,’’ which requires                      Signing Authority                                     thiazolyl)methyl]-N’-methyl-N’’-
                                                  review by the Office of Management and                                                                         nitroguanidine, in or on fruit, citrus,
                                                  Budget (OMB), unless OMB waives such                       The Secretary of Veterans Affairs, or               group 10–10. This action is in response
                                                  review, as ‘‘any regulatory action that is               designee, approved this document and                  to EPA’s granting of an emergency
                                                  likely to result in a rule that may: (1)                 authorized the undersigned to sign and                exemption under the Federal
                                                  Have an annual effect on the economy                     submit the document to the Office of the              Insecticide, Fungicide, and Rodenticide
                                                  of $100 million or more or adversely                     Federal Register for publication                      Act (FIFRA) authorizing use of the
                                                  affect in a material way the economy, a                  electronically as an official document of             pesticide on citrus. This regulation
                                                  sector of the economy, productivity,                     the Department of Veterans Affairs. Jose              establishes a maximum permissible
                                                  competition, jobs, the environment,                      D. Riojas, Chief of Staff, approved this              level for residues of clothianidin in or
                                                  public health or safety, or State, local,                document on February 12, 2015, for                    on citrus. The time-limited tolerance
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                  or tribal governments or communities;                    publication.                                          expires on December 31, 2017.
                                                  (2) Create a serious inconsistency or                                                                          DATES: This regulation is effective
                                                                                                           List of Subjects in 38 CFR Part 3
                                                  otherwise interfere with an action taken                                                                       February 25, 2015. Objections and
                                                  or planned by another agency; (3)                          Administrative practice and                         requests for hearings must be received
                                                  Materially alter the budgetary impact of                 procedure, Claims, Disability benefits,               on or before April 27, 2015, and must
                                                  entitlements, grants, user fees, or loan                 Health care, Pensions, Veterans.                      be filed in accordance with the
                                                  programs or the rights and obligations of                                                                      instructions provided in 40 CFR part


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Document Created: 2015-12-18 13:08:35
Document Modified: 2015-12-18 13:08:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
ContactRandy 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.)
FR Citation80 FR 10001 
RIN Number2900-AP26
CFR AssociatedAdministrative Practice and Procedure; Claims; Disability Benefits; Health Care; Pensions and Veterans

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