80_FR_49315 80 FR 49157 - Animals on VA Property

80 FR 49157 - Animals on VA Property

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 158 (August 17, 2015)

Page Range49157-49164
FR Document2015-20182

The Department of Veterans Affairs (VA) amends its regulation concerning the presence of animals on VA property. This final rule expands the current VA regulation to authorize the presence of service animals consistent with applicable Federal law when these animals accompany individuals with disabilities seeking admittance to property owned or operated by VA.

Federal Register, Volume 80 Issue 158 (Monday, August 17, 2015)
[Federal Register Volume 80, Number 158 (Monday, August 17, 2015)]
[Rules and Regulations]
[Pages 49157-49164]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20182]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 1

RIN 2900-AO39


Animals on VA Property

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) amends its regulation 
concerning the presence of animals on VA property. This final rule 
expands the current VA regulation to authorize the presence of service 
animals consistent with applicable Federal law when these animals 
accompany individuals with disabilities seeking admittance to property 
owned or operated by VA.

DATES: This rule is effective September 16, 2015.

FOR FURTHER INFORMATION CONTACT: Joyce Edmonson, RN, JD, Patient Care 
Services, (10P4), Veterans Health Administration, Department of 
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (410) 
637-4755. (This is not a toll free number.)

SUPPLEMENTARY INFORMATION: On November 21, 2014, VA published in the 
Federal Register (79 FR 69379) a proposed rule to amend VA regulations 
regarding the presence of animals on VA property. This rule authorizes 
the access of service animals when these animals accompany individuals 
with disabilities seeking admittance to VA property in a manner 
consistent with applicable Federal law, and clarifies the authority of 
a VA facility head or designee to allow non-service animals to be 
present on VA property.
    Interested persons were invited to submit comments to the proposed 
rule on or before January 20, 2015, and VA received 96 comments. All of 
the issues raised by the commenters that concerned at least one portion 
of the rule can be grouped together by similar topic, and we have 
organized our discussion of the comments accordingly. For the reasons 
set forth in the proposed rule and below, we are adopting the proposed 
rule as final, with changes, explained below, to proposed 38 CFR 
1.218(a)(11).
    Multiple commenters stated that it was unclear to what groups of 
individuals the proposed rule would apply. One commenter specifically 
expressed concern as to whether a service animal that assisted a 
visitor of a veteran would be permitted on VA property. We clarify for 
these commenters that this VA regulation applies to everyone seeking 
access to VA property, to include employees, veterans, and visitors. 
The rule as proposed did not contain any limiting language to restrict 
applicability to only certain groups of individuals, and we therefore 
do not make any changes to the final rule based on these comments. 
Several commenters applauded the development by VA of a uniform 
regulation for service animal access for all VA property, and did not 
recommend any changes. VA appreciates these comments and believes that 
this regulation will allow for more consistent access of VA property by 
service animals.
    One commenter asserted that VA should use the term ``assistance 
animal'' instead of ``service animals'' throughout the proposed 
regulation because, they assert, the term ``service animals'' is 
understood more narrowly in the service animal industry to refer only 
to those animals that assist with mobility impairments. We do not make 
any changes based on these comments. We disagree that the term 
``assistance animal'' is better understood than ``service animal'' by 
those in the service animal industry. Additionally, this regulation is 
written for a broader audience than just those in the service animal 
industry, to include any member of the public that may have need to 
access VA property. Indeed, the term ``service animal'' as defined in 
the proposed rule is well understood by the general public because it 
is consistent with the definition of ``service animal'' in the 
regulations that implement the Americans with Disabilities Act (ADA). 
We therefore do not make any changes based on these comments. A 
commenter

[[Page 49158]]

also urged that VA use the phrase ``guide dog'' versus ``seeing eye 
dog.'' We do not make any changes based on this comment because, as 
proposed and in this final rule, ``seeing eye dog'' is replaced in 
Sec.  1.218(a)(11) with the term ``service animal,'' and ``service 
animal'' includes those dogs trained for the purpose of assisting 
individuals with a sensory disability (to include visual impairments). 
Other commenters further asserted that the definition of ``service 
animal'' in proposed Sec.  1.218(a)(11)(viii) be changed to refer to a 
dog that does ``work or performs tasks'' as opposed to a dog that does 
``work and performs tasks.'' Particularly, commenters noted that VA 
used both these phrases interchangeably in proposed Sec.  
1.218(a)(11)(viii), and asserted that this was confusing. We agree with 
these comments, and clarify that the intent was to use only the phrase 
``work or performs tasks'' throughout the definition of ``service 
animal.'' We therefore make changes to ensure that the phrase ``work or 
perform tasks'' is used consistently throughout Sec.  
1.218(a)(11)(viii).
    One commenter was concerned that breed restrictions may be imposed 
based on a perception that certain breeds of dogs are prone to 
violence. This VA regulation does not impose breed restrictions, and VA 
will not otherwise pose breed restrictions for purposes of access of 
service animals on VA property. VA will only deny access to VA property 
or will remove a service animal from VA property based on an individual 
assessment in accordance with objective criteria of the risks that the 
individual service animal poses to the health or safety of people or 
other service animals. VA makes no changes based on this comment.
    Several commenters sought clarification between a ``service 
animal'' and a ``pet,'' and whether animals other than dogs were 
included in the definition of ``service animal.'' As proposed, Sec.  
1.218(a)(11)(viii) defined a ``service animal'' as any dog that 
accompanies an individual with a disability and that is individually 
trained for that purpose. The definition in proposed Sec.  
1.218(a)(11)(viii) specifically excluded any species of animal other 
than a dog, and specifically required that the work or tasks performed 
by the service animal be directly related to the individual's 
disability. Further, Sec.  1.218(a)(11)(viii) distinguished that the 
crime deterrent effects of an animal's presence, or the provision of 
emotional support or well-being, comfort, or companionship do not 
constitute ``work or tasks.'' The definition as proposed in Sec.  
1.218(a)(11)(viii) clearly excluded any animal other than a dog, and 
also excluded any dog that is not individually trained to assist an 
individual with a disability. As proposed, Sec.  1.218(a)(11)(viii) 
makes clear that unless the animal is a dog that is individually 
trained to do something that qualifies as work or a task, the animal is 
a pet or other type of animal and does not qualify as a service animal. 
We believe the definition in proposed Sec.  1.218(a)(11)(viii) is clear 
enough to exclude a ``pet,'', and we therefore do not make any changes 
based on these comments.
    Several commenters wanted VA to permit miniature horses on VA 
properties. As discussed in the proposed rule, VA believes the presence 
of a miniature horse poses legitimate safety concerns, both to people 
on VA property and the miniature horse, especially on VA healthcare 
properties. This final rule reiterates VA's determination from the 
proposed rule, that, in light of a review of the multiple assessment 
factors, miniature horses are excluded from VA properties. We restate 
from the proposed rule that these assessment factors include the larger 
size of a miniature horse as well as their reduced predictability in 
behaving in accordance with typical standards of public access required 
of service animals. Additional factors from the proposed rule that VA 
considers to support the exclusion of miniature horses include 
elimination of horse waste, a heightened flee response of a miniature 
horse, the smooth flooring common to VA properties, and the likely 
disruptive attention a horse would receive. We therefore do not make 
any changes based on these comments.
    Many commenters expressed concern that the proposed rule restricted 
access to only those dogs trained or certified by Assistance Dogs 
International (ADI), International Guide Dog Federation (IGDF), or one 
of their affiliated organizations. The proposed rule did not create 
such restrictions; as proposed, VA's standard for service animal access 
is consistent with regulations that implement the ADA and is not 
dependent on how the service animal was trained or by whom, but instead 
depends on the service animal's ability to behave in accordance with 
typical public access standards for public settings. Therefore, we do 
not make any changes based on these comments. VA notes that a service 
animal must be certified by ADI or IGDF as a requirement for veterans 
seeking service dog benefits under 38 CFR 17.148, however, those 
requirements for benefits do not apply to access. Conversely, several 
commenters asserted that service animal access to VA properties should 
be restricted to only those animals that are certified or trained by 
ADI, IGDF, or an affiliate--these commenters articulated various 
negative experiences where a ``fake service animal'' threatened their 
person, their service animal, or another person while on VA property or 
other property. VA recognizes that these commenters have legitimate 
concerns related to dogs that are not appropriately trained possibly 
being able to access VA property under the guise of a ``service dog,'' 
because VA will not be requiring any proof of training or certification 
for purposes of access. However, the lack of such a documentation 
requirement is consistent with regulations that implement the ADA, and 
otherwise provides the benefit of the doubt to individuals with 
disabilities unless the service animal's behavior necessitates that 
access be denied or the service animal be removed. VA does not make any 
changes based on these comments, but we stress that Sec.  
1.218(a)(11)(ii) still provides for removal of a service animal from 
certain areas on VA property if the animal exhibits behavior or other 
signs that it is a threat to the health or safety of individuals or 
other service animals on VA property.
    Several commenters objected to the requirements in proposed Sec.  
1.218(a)(11)(vii) to provide proof of a service animal's good health 
when an individual will be accompanied by a service animal while 
receiving treatment in a Veterans Health Administration (VHA) 
residential program. Some of these commenters alluded to an 
administrative burden of ``registering'' a service animal to obtain 
access to the VA property. We clarify for these commenters that Sec.  
1.218(a)(11)(vii) only applies to situations where an individual would 
be accompanied by a service animal for the duration of his or her 
treatment in a VHA residential program--these documentation 
requirements would not apply for more general access to a VA property, 
such as to receive outpatient care provided by VA. The presentation of 
certain records as proof of an animal's health required in Sec.  
1.218(a)(11)(vii) is necessary when a service animal will have routine 
and constant interaction with employees, veterans, patients, and 
visitors over the course of an extended period of time in a residential 
setting, so that VA may ensure patient care, patient safety, and 
infection control standards are met. However, we do agree with the 
commenters who noted that some of the

[[Page 49159]]

requirements in Sec.  1.218(a)(11)(vii) as proposed could create an 
undue administrative burden on both individuals receiving treatment as 
well as VA staff. We therefore make changes in the final rule to remove 
Sec.  1.218(a)(11)(vii)(A)-(C), and to revise Sec.  1.218(a)(11)(vii) 
to require that the individual receiving treatment in a residential 
program must only provide documentation that confirms that the service 
animal has a current rabies vaccine and current core canine vaccines. 
We further revise the conditions in Sec.  1.218(a)(11)(vii) related to 
when a rabies vaccine and core canine vaccines are considered 
``current'' to require ``a current rabies vaccine as determined by 
state and local public health requirements, and current core canine 
vaccines as dictated by local veterinary practice standards (e.g. 
distemper, parvovirus, and adenovirus-2).'' These changes will retain 
the requirement for documentation of basic canine vaccinations that we 
believe is necessary to ensure the service animal is in good health, 
while providing more flexibility of those required vaccinations in 
accordance with local requirements. These revisions will also remove 
the requirement for proof of a comprehensive exam within the past 12 
months, as well as remove the requirement that an individual must 
otherwise confirm in writing that the service animal is healthy. We 
believe that the revised documentation requirements in Sec.  
1.218(a)(11)(vii) now relate only to the basic canine vaccines that an 
the individual would have merely as a function of being a responsible 
dog owner, and therefore providing such documentation to VA for 
confirmation is not burdensome. We make similar changes to the 
documentation requirements related to the health of non-service animals 
in Sec.  1.218(a)(11)(ix)(C)-(E), specifically to clarify that the 
prophylactic medication requirement for non-service animals applies 
only to parasite control medications (e.g. monthly flea and tick 
prevention), and to clarify that the health requirements for non-
service animals are consistent with local veterinary practice 
standards.
    One commenter suggested that the mere presence of a flea or tick on 
a service animal should not be grounds for removal of a service animal 
under Sec.  1.218(a)(11)(ii)(C)(2), particularly for individuals being 
treated in VA residential settings. VA does not make any changes based 
on this comment. We reiterate from the proposed rule that the presence 
of a flea or tick poses a threat to the health and safety of others, as 
fleas, ticks, and other parasites can be spread by physical contact and 
close proximity and can reproduce quickly and in great volume to create 
infestation conditions that are much more difficult to remediate, 
versus removing a service animal with visible external parasites. We 
note, however, that under Sec.  1.218(a)(11)(ii)(C), VA staff must 
complete an individualized assessment based on objective indications, 
such as external signs of parasites, to ascertain the severity of risk 
to the health or safety of people or other service animals.
    Several commenters suggested that VA revise Sec.  
1.218(a)(11)(viii) to permit service dogs in training to access VA 
property. Some of these commenters reasoned that a service dog in 
training could be well trained enough to dependably behave safely in 
public settings, even without having fully completed their training. 
Other commenters expressed that VA properties could be used as training 
opportunities for service animals. VA seeks to maintain a safe and 
therapeutic environment at its properties. In a complex hospital 
environment, we believe that service animals should be fully trained 
and a ``service animal in training'' is not fully trained. We therefore 
do not revise Sec.  1.218(a)(11)(viii) to permit service animals in 
training.
    Several commenters inquired as to how VA's service animal access 
rule would be enforced, particularly with regard to staff training. 
Some commenters expressed concerns about ``fake service animals'' 
interfering with the need for people and service animals to safely 
access VA properties. Others expressed concerns that VA's proposed rule 
would establish a barrier to access or expressed concern regarding the 
authority of varying facility directors to devise implementation 
criteria that would restrict access outside of the proposed rule. VA 
does not make any changes based on these comments. The final rule 
establishes a set of standardized criteria that can be uniformly 
enforced on VA property, and removes variation amongst individual 
facilities that existed prior to this final rule. A service animal 
meeting VA's requirements under this final rule will not be subject to 
any barrier to access. And once on VA property, service animals are 
subject to the same terms, conditions and regulations that govern the 
admission of the public to VA property, to include certain exceptions 
on VHA properties to ensure patient care, patient safety, and infection 
control standards are not compromised. Therefore, service animals would 
only be denied access or removed if, based on an individualized 
assessment that is subject to objective indications in the final rule 
to ascertain severity of risk, there is cause for access denial or 
removal. VA anticipates that in most cases concerns related to access 
and removal will be communicated by veterans, employees, or visitors to 
VA staff members (including security and law enforcement) who will 
manage any concerns and facilitate an appropriate response. VA 
anticipates all appropriate staff members will be trained on what is 
and what is not allowed under this regulation and how it should be 
implemented.
    Several commenters expressed concern about the requirement in 
proposed Sec.  1.218(a)(11)(i) that the service animal be in a guiding 
harness or on a leash, as well as under the control of the individual 
with a disability, at all times while on VA property. These commenters 
asserted that multiple disabilities might prevent an individual from 
physically controlling a service animal via a harness or leash, or that 
the service animal's presence on a leash or other tether at all times 
might prevent that service animal from completing work or tasks they 
are trained to perform. Further, some commenters urged VA to adopt a 
standard that mimics that of the regulations that implement the ADA, 
whereby control over the service animal by the handler can be in the 
form of voice control. VA agrees with these comments, and amends Sec.  
1.218(a)(11)(i) to incorporate comparable language to that used in the 
regulations that implement the ADA. Cf. 28 CFR 36.302(c)(4).
    Likewise, after considering related comments, VA recognizes that 
individuals with disabilities may require the assistance of an 
alternate handler to control the service animal while on VA property. 
The need for an alternate handler may arise when the individual with 
the disability is unable to control the service animal because of the 
care the individual receives; or when the service animal, individual 
with a disability, and the alternate handler routinely operate as part 
of a team when accessing public areas. For this reason, VA amends Sec.  
1.218(a)(11)(i) and (a)(11)(ii)(A) to allow for an alternate handler to 
also be in control of the service animal. Specifically, Sec.  
1.218(a)(11)(i) will state that a service animal shall be under the 
control of the person with the disability or an alternate handler at 
all times while on VA property. Section 1.218(a)(11)(i) will also state 
that a service animal shall have a harness, leash, or other tether,

[[Page 49160]]

unless either the handler is unable because of a disability to use a 
harness, leash, or other tether, or the use of a harness, leash, or 
other tether would interfere with the service animal's safe, effective 
performance of work or tasks, in which case the service animal must be 
otherwise under the handler's control (e.g., voice control, signals, or 
other effective means). We reiterate, that at no time is any VA 
employee to be responsible for the control of the service animal, as 
set forth in Sec.  1.218(a)(11)(i).
    Several commenters inquired into whose responsibility is it to 
clean up animal waste and if VA properties have to designate an area 
for animals to relieve themselves. Commensurate with the requirements 
for access is a properly housebroken service animal. Should a service 
animal relieve bowel or bladder on VA property, it is the 
responsibility of the handler or the alternate handler to properly 
dispose of the waste in accordance with standards appropriate for 
public settings. VA again notes that at no time is any employee to be 
responsible to control a service animal and part of the access 
requirements is that an animal is housebroken. VA makes no change based 
on this comment.
    Several commenters objected to the absolute prohibition of service 
animal access to certain areas of VHA property in proposed 
1.218(a)(11)(iii), citing contrary standards that permit such access in 
regulations that implement the ADA as well as guidance issued by the 
Centers for Disease Control and Prevention (CDC). Particularly, 
commenters objected to the categorical exclusion of service animals 
from inpatient hospital settings to include locked mental health units 
(in proposed Sec.  1.218(a)(11)(iii)(C)), and from patient rooms or 
treatment areas where patients may have an animal allergy or phobia (in 
proposed Sec.  1.218(a)(11)(iii)(E)). VA cited three examples of acute 
inpatient hospital settings in proposed Sec.  1.218(a)(11)(iii)(C) 
(intensive care units, stabilization units, and locked mental health 
units) in a representative but not exhaustive list of areas that could 
be covered by this exclusion. In light of the comments received, VA 
revises Sec.  1.218(a)(11)(iii)(C) to remove these examples, and 
instead qualify the exclusion of service animals in acute inpatient 
settings to exclude such animals when their presence is not part of a 
documented treatment plan. VA agrees with the commenters that there are 
scenarios in which a service animal on any of the specific areas in 
proposed Sec.  1.218(a)(11)(iii)(C) may provide its services when the 
individual being treated or an alternate handler can control a service 
animal as part of a treatment plan established by the clinical care 
team. Although VA used CDC guidance to justify the area-based 
exclusions in proposed Sec.  1.218(a)(11)(iii)(C) (see 79 FR 69379, 
69381), VA believes that this revision is still consistent with CDC's 
guidance because the service animal would not be permitted to access 
the inpatient area if not part of a documented treatment plan. The 
animal would require a staff assessment under Sec.  1.218(a)(11)(ii)(C) 
to evaluate any threat to the health or safety of patients or staff. A 
service animal could still be removed under Sec.  1.218(a)(11)(ii) if 
it presented a risk to patient safety or infection control standards 
after gaining access to an acute inpatient setting. For these same 
reasons, VA removes proposed Sec.  1.218(a)(11)(iii)(E), the 
prohibition of the presence of service animals in patient rooms or 
areas where a patient may have an animal allergy or phobia. Again, a 
service animal could be removed from such an area if the animal posed a 
risk to patient safety or health, under Sec.  1.218(a)(11)(ii). By 
removing proposed Sec.  1.218(a)(11)(iii)(E), we will renumber proposed 
Sec.  1.218(a)(11)(iii)(F) and (iii)(G) as (iii)(E) and (iii)(F), 
respectively.
    However, VA will not remove all categorical area-based exclusions 
of service animals on VHA property from proposed Sec.  
1.218(a)(11)(iii). VA's healthcare facilities reflect evidence based 
standards governing safe operation of a healthcare facility, patient 
care, and infection control. Consistent with CDC guidance, VA still 
finds certain locations such as operating rooms, surgical suites, areas 
where invasive procedures are being performed, decontamination, sterile 
processing, sterile storage areas, food preparation areas (not to 
include public food service areas), and any areas where protective 
barrier measures are required, to be inappropriate environments for a 
service animal. One commenter recommended removing the representative 
examples in proposed Sec.  1.218(a)(11)(iii)(A)-(C) as redundant of 
places where protective barrier measures are required. We decline to 
remove these examples because they add clarity regarding the types of 
areas where access must be restricted to ensure patient care, patient 
safety or infection control standards are not compromised. While we 
will retain these area-based exclusions and the examples provided in 
the final rule, in response to comments we will revise Sec.  
1.218(a)(11)(iii)(F) as proposed, renumbered as Sec.  
1.218(a)(11)(iii)(E), to include the clarifying parenthetical ``(not to 
include public food service areas).'' We will also revise Sec.  
1.218(a)(11)(iii)(G) as proposed, renumbered as Sec.  
1.218(a)(11)(iii)(F), to refer to areas ``where personal protective 
clothing must be worn or barrier protective measures must be taken to 
enter,'' instead of referring to areas that require ``personal 
protective equipment'' to be worn. We agree with commenters that 
``personal protective equipment'' in proposed Sec.  
1.218(a)(11)(iii)(G) could be interpreted to encompass even the wearing 
of basic equipment by patients, staff, or visitors like paper face 
masks or examination gloves, which could qualify nearly any area of a 
VHA medical facility as categorically excluding the presence of a 
service animal. The revisions to proposed Sec.  1.218(a)(11)(iii)(G) 
(Sec.  1.218(a)(11)(iii)(F) as renumbered) more accurately describe the 
types of areas that a service animal will be restricted from entering.
    We emphasize that even with these changes to the area-based 
exclusions in Sec.  1.218(a)(11)(iii), a specific service animal may 
still be individually denied access or removed if it does not meet the 
standards in Sec.  1.218(a)(11)(i) and (a)(11)(ii), namely that the 
animal must be controlled (by the individual or an alternate handler 
that is not a VA employee), be housebroken, and not pose a threat to 
the health and safety of people or other service animals.
    Several commenters expressed concerns regarding the provision of 
service dogs, service dog training, and service dog benefits by VA. 
Particularly, some commenters asserted that VA should assist veterans 
to obtain a service dog and have such a dog trained and certified. 
These comments are beyond the scope of this rule, and we therefore do 
not make any changes. We note, however, that the provision of service 
dog benefits by VA is regulated at 38 CFR 17.148. Other commenters 
noted the benefits of service animals for the treatment of PTSD, but 
did not necessarily suggest any changes to the proposed rule. Again, 
these comments are beyond the scope of this rule, and we therefore do 
not make any changes. Some commenters requested that the final rule 
provide examples of what VA considers to be ``work'' or ``tasks'' that 
a service animal may be trained to perform, either in the preamble or 
through revisions to the regulation text. Commenters noted that such 
examples would be particularly helpful for a service animal that might 
assist an individual with a mental disability or illness. We decline to 
make revisions to

[[Page 49161]]

the regulation text or provide examples in the preamble of this final 
rule. However, we do provide as reference here the supplemental 
guidance issued by the Department of Justice when it last issued 
regulations on this subject in 2010, specifically on what constitutes 
``work or tasks'' that a service animal may provide (see Appendix A to 
28 CFR part 36, Guidance on Revisions to ADA Regulation on 
Nondiscrimination on the Basis of Disability by Public Accommodations 
and Commercial Facilities, 75 FR 56236, 56258). This reference provides 
examples of work or tasks that VA understands to be performed by 
service animals for individuals with disabilities so that such 
individuals may better navigate public spaces. By providing this 
reference of examples of work and tasks in the context of public 
access, VA is not expressing a position on the efficacy of such dogs 
for the treatment of the disabilities of the individuals.
    One commenter urged VA to include emotional support animals in the 
definition of ``service animal'' in Sec.  1.218(a)(11)(viii) as 
proposed. The commenter asserted that because many veterans with PTSD 
use emotional support animals in their homes, that refusing access to 
emotional support animals on VA property could discourage use of VA 
services by such veterans. This same commenter also made a reference to 
Department of Housing and Urban Development (HUD) regulations and 
guidance that create exclusions for public housing's ``no pet'' 
policies for certain animals, to include permitting access for 
emotional support animals in applicable circumstances, and suggested 
that VA consider developing a similar rule regarding emotional support 
animal access on VA property. Another commenter suggested adopting 
HUD's approach in the context of VA's residential treatment programs. 
VA does not disagree that some veterans may use emotional support 
animals, nor disagree with the commenters' subjective accounts that 
such animals have improved the quality of their lives. However, the HUD 
regulations and guidance referenced by the commenters appropriately 
apply in the context of public housing. In particular, the HUD 
regulations and guidance do not require an animal to be individually 
trained to do work or perform tasks for the benefit of the individual 
with a disability. However, there is a distinction between the presence 
of an animal in public areas and the functions that animal performs to 
enable an individual to use public services and public accommodations 
(service animal), as compared to the presence and use of a comfort or 
emotional support animal in the home (emotional support animal). 
Regarding VHA's residential treatment programs, these programs involve 
shared spaces amongst multiple veterans, where there is an active 
treatment component that involves the participation of not only the 
veterans but also treatment providers as well as other members of the 
public at times. Therefore, we interpret VHA residential programs to be 
public treatment spaces (just as the other areas of VHA property that 
are specified in this final rule), rather than a residential space 
analogous to the HUD public housing context. We therefore do not make 
any changes based on these comments.
    Commenters expressed concern about the area-based restrictions for 
property under the control of the National Cemetery Administration 
(NCA) in proposed Sec.  1.218(a)(11)(iv). We interpret such comments to 
be the result of a misunderstanding by commenters that new restrictions 
were being created in the proposed rule when in fact the proposed area-
based restrictions reflect existing restrictions on NCA property in 
accordance with rules requiring access on the same terms, conditions, 
and regulations that generally govern admission of the public to the 
property. That is, the proposed and final rules only clarify that where 
an individual may not access NCA property (i.e., in NCA construction or 
maintenance sites, or in NCA open interment areas), so, too, a service 
animal may not access such property. This rule does not affect the 
right of an individual to be accompanied by their service animal on NCA 
grounds in those areas where the general public is permitted. However, 
these comments raise the possibility that the provision regarding 
restriction of access to open interment areas may be perceived as 
overly restrictive. We have, therefore, made a change to Sec.  
1.218(a)(11)(iv)(A) to remove the reference to columbaria (as 
columbaria pose minimal safety issues), and to indicate that 
individuals may be permitted to observe an individual interment or 
inurnment accompanied by a service animal. This change will allow 
family or representatives (such as clergy), accompanied by their 
service animals, to observe an interment or inurnment when requested 
and when such observation can be safely accommodated.
    VA makes one technical correction in Sec.  1.218(a)(11)(viii). In 
the last sentence, VA is replacing ``of this chapter'' with a complete 
citation ``38 CFR 17.148.'' VA also makes several minor, non-
substantive edits for clarity such as removing the first commas 
appearing in proposed Sec.  1.218(a)(11)(ix)(C) and (D), replacing the 
word ``on'' with the word ``in'' three places in Sec.  
1.218(a)(11)(ix)(E) in reference to VA Community Living Centers, and 
adding the clarifying phrase ``with respect to an individual'' to the 
definition of a disability in Sec.  1.218(a)(11)(x).
    One commenter asked for clarification if animals other than dogs 
can participate in Animal Assisted Activities (AAA) or Animal Assisted 
Therapy (AAT) programs under Sec.  1.218(a)(11)(ix)(C) and (ix)(D) as 
proposed. Unlike service animals under the proposed and final rules, 
there is no species restriction for AAA or AAT animals, and AAA or AAT 
animals are permitted on VHA property only at the discretion of the VA 
facility head or designee. Should an AAA or AAT animal that is not a 
dog meet the requirements in Sec.  1.218(a)(11)(ix)(C) and (D), a VA 
facility head or designee may grant that animal access to VA property. 
Another commenter suggested that VA allow for pets to visit patients in 
unique circumstances such as end-of-life situations. As with other 
species of animals, there is no categorical restriction for AAA or AAT 
animals that would necessarily exclude a personal pet in an end-of-life 
or other special circumstance. Should an animal serve an AAA or AAT 
purpose and meet the requirements in Sec.  1.218(a)(11)(ix)(C) and (D), 
a VA facility head or designee may grant that animal access to VA 
property. In addition, a commenter suggested that AAA and AAT animals 
be allowed on VA property only when their handler or organization has 
liability insurance. We do not disagree that liability insurance would 
be a sensible requirement, particularly as AAA is often conducted in 
group settings. However, VA believes that any liability insurance would 
be better addressed outside of a regulatory requirement by the VA 
facility head or designee and the AAA or AAT handler or organization 
prior to establishing a particular program at a facility. VA makes no 
changes based on these comments.
    For all of the reasons noted above, VA is adopting the rule as 
final with changes as noted to 38 CFR 1.218.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
rulemaking, represents VA's implementation of its legal authority on 
this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance

[[Page 49162]]

must be read to conform with this rulemaking if possible or, if not 
possible, such guidance is superseded by this rulemaking.

Paperwork Reduction Act

    This final rule includes a collection of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) that requires 
approval by the Office of Management and Budget (OMB). Accordingly, 
under 44 U.S.C. 3507(d), VA has submitted a copy of this rulemaking 
action to OMB for review.
    OMB assigns a control number for each collection of information it 
approves. VA may not conduct or sponsor, and a person is not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. Section 1.218(a)(11) contains a 
collection of information under the Paperwork Reduction Act of 1995. 
OMB has approved the information collection requirement in this section 
as an emergency clearance under control number 2900-0831. This 
emergency clearance expires on December 31, 2015, before which time VA 
will submit to OMB a request for permanent clearance.

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 directly affects only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rulemaking is exempt from the final regulatory flexibility 
analysis requirements of 5 U.S.C. 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,'' requiring review by 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 final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866. VA's impact analysis can be found as a supporting document 
at http://www.regulations.gov, usually within 48 hours after the 
rulemaking document is published. Additionally, a copy of this 
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 Fiscal Year to Date.''

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 an expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.007, Blind Rehabilitation 
Centers; 64.009, Veterans Medical Care Benefits; 64.010, Veterans 
Nursing Home Care; and 64.011, Veterans Dental Care.

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 June 5, 2015, for publication.

List of Subjects in 38 CFR Part 1

    Administrative practice and procedure, Cemeteries, Government 
property, Security measures.

    Dated: June 19, 2015.
Michael Shores,
Chief Impact Analyst, Office of Regulation Policy & Management, Office 
of the General Counsel, Department of Veterans Affairs.
    For the reasons stated in the preamble, VA amends 38 CFR part 1 as 
follows:

PART 1--GENERAL PROVISIONS

0
1. The authority citation for part 1 continues to read as follows:

    Authority:  38 U.S.C. 501(a), and as noted in specific sections.


0
2. Revise Sec.  1.218(a)(11) to read as follows:


Sec.  1.218.  Security and law enforcement at VA facilities.

    (a) * * *
    (11) Animals. (i) Service animals, as defined in paragraph 
(a)(11)(viii) of this section, are permitted on VA property when those 
animals accompany individuals with disabilities and are trained for 
that purpose. A service animal shall be under the control of the person 
with the disability or an alternate handler at all times while on VA 
property. A service animal shall have a harness, leash, or other 
tether, unless either the handler is unable because of a disability to 
use a harness, leash, or other tether, or the use of a harness, leash, 
or other tether would interfere with the service animal's safe, 
effective performance of work or tasks, in which case the service 
animal must be otherwise under the handler's control (e.g., voice 
control, signals, or other effective means). VA is not responsible for 
the care or supervision of a service animal. Service animal presence on 
VA property is subject to the same terms, conditions, and regulations 
as generally govern admission of the public to the property.
    (ii) A service animal will be denied access to VA property or 
removed from VA property if:
    (A) The animal is not under the control of the individual with a 
disability or an alternate handler;
    (B) The animal is not housebroken. The animal must be trained to 
eliminate its waste in an outdoor area; or
    (C) The animal otherwise poses a risk to the health or safety of 
people or other service animals. In determining whether

[[Page 49163]]

an animal poses a risk to the health or safety of people or other 
service animals, VA will make an individualized assessment based on 
objective indications to ascertain the severity of the risk. Such 
indications include but are not limited to:
    (1) External signs of aggression from the service animal, such as 
growling, biting or snapping, baring its teeth, lunging; or
    (2) External signs of parasites on the service animal (e.g. fleas, 
ticks), or other external signs of disease or bad health (e.g. diarrhea 
or vomiting).
    (iii) Service animals will be restricted from accessing certain 
areas of VA property under the control of the Veterans Health 
Administration (VHA properties) to ensure patient care, patient safety, 
or infection control standards are not compromised. Such areas include 
but are not limited to:
    (A) Operating rooms and surgical suites;
    (B) Areas where invasive procedures are being performed;
    (C) Acute inpatient hospital settings when the presence of the 
service animal is not part of a documented treatment plan;
    (D) Decontamination, sterile processing, and sterile storage areas;
    (E) Food preparation areas (not to include public food service 
areas); and
    (F) Any areas where personal protective clothing must be worn or 
barrier protective measures must be taken to enter.
    (iv) Service animals will be restricted from accessing certain 
areas of VA property under the control of the National Cemetery 
Administration (NCA properties) to ensure that public safety, 
facilities and grounds care, and maintenance control are not 
compromised. Such areas include but are not limited to:
    (A) Open interment areas, except as approved to observe an 
individual interment or inurnment.
    (B) Construction or maintenance sites; and
    (C) Grounds keeping and storage facilities.
    (v) If a service animal is denied access to VA property or removed 
from VA property in accordance with (a)(11)(ii) of this section, or 
restricted from accessing certain VA property in accordance with 
paragraphs (a)(11)(iii) and (iv) of this section, then VA will give the 
individual with a disability the opportunity to obtain services without 
having the service animal on VA property.
    (vi) Unless paragraph (a)(11)(vii) of this section applies, an 
individual with a disability must not be required to provide 
documentation, such as proof that an animal has been certified, 
trained, or licensed as a service animal, to gain access to VA property 
accompanied by the service animal. However, an individual may be asked 
if the animal is required because of a disability, and what work or 
task the animal has been trained to perform.
    (vii) An individual with a disability, if such individual will be 
accompanied by the service animal while receiving treatment in a VHA 
residential program, must provide VA with documentation that confirms 
the service animal has had a current rabies vaccine as determined by 
state and local public health requirements, and current core canine 
vaccines as dictated by local veterinary practice standards (e.g. 
distemper, parvovirus, and adenovirus-2).
    (viii) A service animal means any dog that is individually trained 
to do work or perform tasks for the benefit of an individual with a 
disability, including a physical, sensory, psychiatric, intellectual, 
or other mental disability. Other species of animals, whether wild or 
domestic, trained or untrained, are not service animals for the 
purposes of this definition. The work or tasks performed by a service 
animal must be directly related to the individual's disability. The 
crime deterrent effects of an animal's presence and the provision of 
emotional support, well-being, comfort, or companionship do not 
constitute work or tasks for the purposes of this definition. Service 
dogs in training are not considered service animals. This definition 
applies regardless of whether VA is providing benefits to support a 
service dog under 38 CFR 17.148.
    (ix) Generally, animals other than service animals (``non-service 
animals'') are not permitted to be present on VA property, and any 
individual with a non-service animal must remove it. However, a VA 
facility head or designee may permit certain non-service animals to be 
present on VA property for the following reasons:
    (A) Animals may be permitted to be present on VA property for law 
enforcement purposes;
    (B) Animals under the control of the VA Office of Research and 
Development may be permitted to be present on VA property;
    (C) Animal-assisted therapy (AAT) animals may be permitted to be 
present on VHA property when the presence of such animals would not 
compromise patient care, patient safety, or infection control 
standards. AAT is a goal-directed clinical intervention, as provided or 
facilitated by a VA therapist or VA clinician, that incorporates the 
use of an animal into the treatment regimen of a patient. Any AAT 
animal present on VHA property must facilitate achievement of patient-
specific treatment goals, as documented in the patient's treatment 
plan. AAT animals must be up to date with all core vaccinations or 
immunizations, prophylactic parasite control medications, and regular 
health screenings as determined necessary by a licensed veterinarian 
consistent with local veterinary practice standards. Proof of 
compliance with these requirements must be documented and accessible in 
the area(s) where patients receive AAT.
    (D) Animal-assisted activity (AAA) animals may be permitted to be 
present on VHA property when the presence of such animals would not 
compromise patient care, patient safety, or infection control 
standards. AAA involves animals in activities to provide patients with 
casual opportunities for motivational, educational, recreational, and/
or therapeutic benefits. AAA is not a goal-directed clinical 
intervention that must be provided or facilitated by a VA therapist or 
clinician, and therefore is not necessarily incorporated into the 
treatment regimen of a patient or documented in the patient's medical 
record as treatment. AAA animals must be up to date with all core 
vaccinations or immunizations, prophylactic parasite control 
medications, and regular health screenings as determined necessary by a 
licensed veterinarian consistent with local veterinary practice 
standards. Proof of compliance with these requirements must be 
documented and accessible in the area(s) where patients may participate 
in AAA.
    (E) Animals participating in a VA Community Living Center (CLC) 
residential animal program or a Mental Health Residential 
Rehabilitation Treatment Program (MHRRTP) may be permitted to be 
present on VHA property, when the presence of such animals would not 
compromise patient care, patient safety, or infection control 
standards. A residential animal program in a VA CLC or a MHRRTP is a 
program that uses the presence of animals to create a more homelike 
environment to foster comfort for veterans, while also stimulating a 
sense of purpose, familiarity, and belonging. Any VA CLC or MHRRTP 
residential animal present on VHA property must facilitate achievement 
of therapeutic outcomes (such as described above), as documented in 
patient treatment plans. Residential animals in a VA CLC or MHRRTP must 
be up to date with all core vaccinations and immunizations, 
prophylactic parasite control

[[Page 49164]]

medications, and regular health screenings as determined necessary by a 
licensed veterinarian consistent with local veterinary practice 
standards. Proof of compliance with these requirements must be 
documented and accessible in the VA CLC or MHRRTP.
    (F) Animals may be present on NCA property for ceremonial purposes 
during committal services, interments, and other memorials, if the 
presence of such animals would not compromise public safety, facilities 
and grounds care, and maintenance control standards.
    (x) For purposes of this section, a disability means, with respect 
to an individual, a physical or mental impairment that substantially 
limits one or more major life activities of the individual; a record of 
such an impairment; or being regarded as having such an impairment.
    (OMB has approved the information collection requirements in this 
section under control number XXXX-XXXX.)
* * * * *
(Authority: 38 U.S.C. 901, 40 U.S.C. 3103)

[FR Doc. 2015-20182 Filed 8-14-15; 8:45 am]
BILLING CODE 8320-01-P



                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                         49157

                                            of a category of actions that do not                    warrant or petty officer who has been                 allow non-service animals to be present
                                            individually or cumulatively have a                     designated by the Captain of the Port,                on VA property.
                                            significant effect on the human                         Lake Michigan to act on his or her                       Interested persons were invited to
                                            environment. This rule involves the                     behalf.                                               submit comments to the proposed rule
                                            establishment of a safety zone and,                       (4) Vessel operators desiring to enter              on or before January 20, 2015, and VA
                                            therefore it is categorically excluded                  or operate within the safety zone shall               received 96 comments. All of the issues
                                            from further review under paragraph                     contact the Captain of the Port, Lake                 raised by the commenters that
                                            34(g) of Figure 2–1 of the Commandant                   Michigan or an on-scene representative                concerned at least one portion of the
                                            Instruction. An environmental analysis                  to obtain permission to do so. The                    rule can be grouped together by similar
                                            checklist supporting this determination                 Captain of the Port Lake Michigan or an               topic, and we have organized our
                                            and a Categorical Exclusion                             on-scene representative may be                        discussion of the comments
                                            Determination are available in the                      contacted via VHF Channel 16. Vessel                  accordingly. For the reasons set forth in
                                            docket where indicated under                            operators given permission to enter or                the proposed rule and below, we are
                                            ADDRESSES. We seek any comments or                      operate in the safety zone must comply                adopting the proposed rule as final,
                                            information that may lead to the                        with all directions given to them by the              with changes, explained below, to
                                            discovery of a significant environmental                Captain of the Port Lake Michigan, or an              proposed 38 CFR 1.218(a)(11).
                                            impact from this rule.                                  on-scene representative.                                 Multiple commenters stated that it
                                                                                                                                                          was unclear to what groups of
                                            List of Subjects in 33 CFR Part 165                       Dated: August 6, 2015.                              individuals the proposed rule would
                                                                                                    A.B. Cocanour,                                        apply. One commenter specifically
                                              Harbors, Marine safety, Navigation
                                            (water), Reporting and recordkeeping                    Captain, U.S. Coast Guard, Captain of the             expressed concern as to whether a
                                                                                                    Port, Lake Michigan.                                  service animal that assisted a visitor of
                                            requirements, Security measures,
                                            Waterways.                                              [FR Doc. 2015–20251 Filed 8–14–15; 8:45 am]           a veteran would be permitted on VA
                                              For the reasons discussed in the                      BILLING CODE 9110–04–P                                property. We clarify for these
                                            preamble, the Coast Guard amends 33                                                                           commenters that this VA regulation
                                            CFR part 165 as follows:                                                                                      applies to everyone seeking access to
                                                                                                    DEPARTMENT OF VETERANS                                VA property, to include employees,
                                            PART 165—REGULATED NAVIGATION                           AFFAIRS                                               veterans, and visitors. The rule as
                                            AREAS AND LIMITED ACCESS AREAS                                                                                proposed did not contain any limiting
                                                                                                    38 CFR Part 1                                         language to restrict applicability to only
                                            ■ 1. The authority citation for part 165                                                                      certain groups of individuals, and we
                                            continues to read as follows:                           RIN 2900–AO39                                         therefore do not make any changes to
                                              Authority: 33 U.S.C. 1231; 50 U.S.C. 191;                                                                   the final rule based on these comments.
                                                                                                    Animals on VA Property
                                            33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;                                                                     Several commenters applauded the
                                            Department of Homeland Security Delegation              AGENCY:    Department of Veterans Affairs.            development by VA of a uniform
                                            No. 0170.1.                                             ACTION:   Final rule.                                 regulation for service animal access for
                                            ■ 2. Add § 165.T09–0760 to read as                                                                            all VA property, and did not
                                            follows:                                                SUMMARY:   The Department of Veterans                 recommend any changes. VA
                                                                                                    Affairs (VA) amends its regulation                    appreciates these comments and
                                            § 165.T09–0760 Safety Zone; U.S. Army                   concerning the presence of animals on                 believes that this regulation will allow
                                            Exercise, Des Plaines River, Channahon, IL.             VA property. This final rule expands the              for more consistent access of VA
                                               (a) Location. All waters on the Des                  current VA regulation to authorize the                property by service animals.
                                            Plaines River between the mile marker                   presence of service animals consistent                   One commenter asserted that VA
                                            277.8 and mile marker 279.2,                            with applicable Federal law when these                should use the term ‘‘assistance animal’’
                                            Channahon, IL.                                          animals accompany individuals with                    instead of ‘‘service animals’’ throughout
                                               (b) Effective and Enforcement Period.                disabilities seeking admittance to                    the proposed regulation because, they
                                            This rule is effective from 12:01 a.m. on               property owned or operated by VA.                     assert, the term ‘‘service animals’’ is
                                            August 18, 2015 to 11:59 p.m. on                                                                              understood more narrowly in the
                                                                                                    DATES: This rule is effective September
                                            August 20, 2015. This rule will be                                                                            service animal industry to refer only to
                                                                                                    16, 2015.
                                            enforced with actual notice from 6:30                                                                         those animals that assist with mobility
                                                                                                    FOR FURTHER INFORMATION CONTACT:                      impairments. We do not make any
                                            a.m. until 6:30 p.m. on August 18, 2015
                                            and August 19, 2015, or alternatively if                Joyce Edmonson, RN, JD, Patient Care                  changes based on these comments. We
                                            postponed due to weather, from 6:30                     Services, (10P4), Veterans Health                     disagree that the term ‘‘assistance
                                            a.m. until 6:30 p.m. on August 20, 2015.                Administration, Department of Veterans                animal’’ is better understood than
                                               (c) Regulations. (1) In accordance with              Affairs, 810 Vermont Avenue NW.,                      ‘‘service animal’’ by those in the service
                                            the general regulations in § 165.23 of                  Washington, DC 20420, (410) 637–4755.                 animal industry. Additionally, this
                                            this part, entry into, transiting, or                   (This is not a toll free number.)                     regulation is written for a broader
                                            anchoring within this safety zone is                    SUPPLEMENTARY INFORMATION: On                         audience than just those in the service
                                            prohibited unless authorized by the                     November 21, 2014, VA published in                    animal industry, to include any member
                                            Captain of the Port, Lake Michigan or a                 the Federal Register (79 FR 69379) a                  of the public that may have need to
                                            designated on-scene representative.                     proposed rule to amend VA regulations                 access VA property. Indeed, the term
                                               (2) This safety zone is closed to all                regarding the presence of animals on VA               ‘‘service animal’’ as defined in the
                                            vessel traffic, except as may be                        property. This rule authorizes the access             proposed rule is well understood by the
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                                            permitted by the Captain of the Port                    of service animals when these animals                 general public because it is consistent
                                            Lake Michigan or a designated on-scene                  accompany individuals with disabilities               with the definition of ‘‘service animal’’
                                            representative.                                         seeking admittance to VA property in a                in the regulations that implement the
                                               (3) The ‘‘on-scene representative’’ of               manner consistent with applicable                     Americans with Disabilities Act (ADA).
                                            the Captain of the Port, Lake Michigan                  Federal law, and clarifies the authority              We therefore do not make any changes
                                            is any Coast Guard commissioned,                        of a VA facility head or designee to                  based on these comments. A commenter


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                                            49158             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            also urged that VA use the phrase                       § 1.218(a)(11)(viii) clearly excluded any             benefits do not apply to access.
                                            ‘‘guide dog’’ versus ‘‘seeing eye dog.’’                animal other than a dog, and also                     Conversely, several commenters
                                            We do not make any changes based on                     excluded any dog that is not                          asserted that service animal access to
                                            this comment because, as proposed and                   individually trained to assist an                     VA properties should be restricted to
                                            in this final rule, ‘‘seeing eye dog’’ is               individual with a disability. As                      only those animals that are certified or
                                            replaced in § 1.218(a)(11) with the term                proposed, § 1.218(a)(11)(viii) makes                  trained by ADI, IGDF, or an affiliate—
                                            ‘‘service animal,’’ and ‘‘service animal’’              clear that unless the animal is a dog that            these commenters articulated various
                                            includes those dogs trained for the                     is individually trained to do something               negative experiences where a ‘‘fake
                                            purpose of assisting individuals with a                 that qualifies as work or a task, the                 service animal’’ threatened their person,
                                            sensory disability (to include visual                   animal is a pet or other type of animal               their service animal, or another person
                                            impairments). Other commenters further                  and does not qualify as a service animal.             while on VA property or other property.
                                            asserted that the definition of ‘‘service               We believe the definition in proposed                 VA recognizes that these commenters
                                            animal’’ in proposed § 1.218(a)(11)(viii)               § 1.218(a)(11)(viii) is clear enough to               have legitimate concerns related to dogs
                                            be changed to refer to a dog that does                  exclude a ‘‘pet,’’, and we therefore do               that are not appropriately trained
                                            ‘‘work or performs tasks’’ as opposed to                not make any changes based on these                   possibly being able to access VA
                                            a dog that does ‘‘work and performs                     comments.                                             property under the guise of a ‘‘service
                                            tasks.’’ Particularly, commenters noted                    Several commenters wanted VA to                    dog,’’ because VA will not be requiring
                                            that VA used both these phrases                         permit miniature horses on VA                         any proof of training or certification for
                                            interchangeably in proposed                             properties. As discussed in the                       purposes of access. However, the lack of
                                            § 1.218(a)(11)(viii), and asserted that                 proposed rule, VA believes the presence               such a documentation requirement is
                                            this was confusing. We agree with these                 of a miniature horse poses legitimate                 consistent with regulations that
                                            comments, and clarify that the intent                   safety concerns, both to people on VA                 implement the ADA, and otherwise
                                            was to use only the phrase ‘‘work or                    property and the miniature horse,                     provides the benefit of the doubt to
                                            performs tasks’’ throughout the                         especially on VA healthcare properties.               individuals with disabilities unless the
                                            definition of ‘‘service animal.’’ We                    This final rule reiterates VA’s                       service animal’s behavior necessitates
                                            therefore make changes to ensure that                   determination from the proposed rule,                 that access be denied or the service
                                            the phrase ‘‘work or perform tasks’’ is                 that, in light of a review of the multiple            animal be removed. VA does not make
                                            used consistently throughout                            assessment factors, miniature horses are              any changes based on these comments,
                                            § 1.218(a)(11)(viii).                                   excluded from VA properties. We                       but we stress that § 1.218(a)(11)(ii) still
                                               One commenter was concerned that                     restate from the proposed rule that these             provides for removal of a service animal
                                            breed restrictions may be imposed based                 assessment factors include the larger                 from certain areas on VA property if the
                                            on a perception that certain breeds of                  size of a miniature horse as well as their            animal exhibits behavior or other signs
                                            dogs are prone to violence. This VA                     reduced predictability in behaving in                 that it is a threat to the health or safety
                                            regulation does not impose breed                        accordance with typical standards of                  of individuals or other service animals
                                            restrictions, and VA will not otherwise                 public access required of service                     on VA property.
                                            pose breed restrictions for purposes of                 animals. Additional factors from the
                                            access of service animals on VA                         proposed rule that VA considers to                       Several commenters objected to the
                                            property. VA will only deny access to                   support the exclusion of miniature                    requirements in proposed
                                            VA property or will remove a service                    horses include elimination of horse                   § 1.218(a)(11)(vii) to provide proof of a
                                            animal from VA property based on an                     waste, a heightened flee response of a                service animal’s good health when an
                                            individual assessment in accordance                     miniature horse, the smooth flooring                  individual will be accompanied by a
                                            with objective criteria of the risks that               common to VA properties, and the                      service animal while receiving
                                            the individual service animal poses to                  likely disruptive attention a horse                   treatment in a Veterans Health
                                            the health or safety of people or other                 would receive. We therefore do not                    Administration (VHA) residential
                                            service animals. VA makes no changes                    make any changes based on these                       program. Some of these commenters
                                            based on this comment.                                  comments.                                             alluded to an administrative burden of
                                               Several commenters sought                               Many commenters expressed concern                  ‘‘registering’’ a service animal to obtain
                                            clarification between a ‘‘service animal’’              that the proposed rule restricted access              access to the VA property. We clarify for
                                            and a ‘‘pet,’’ and whether animals other                to only those dogs trained or certified by            these commenters that § 1.218(a)(11)(vii)
                                            than dogs were included in the                          Assistance Dogs International (ADI),                  only applies to situations where an
                                            definition of ‘‘service animal.’’ As                    International Guide Dog Federation                    individual would be accompanied by a
                                            proposed, § 1.218(a)(11)(viii) defined a                (IGDF), or one of their affiliated                    service animal for the duration of his or
                                            ‘‘service animal’’ as any dog that                      organizations. The proposed rule did                  her treatment in a VHA residential
                                            accompanies an individual with a                        not create such restrictions; as                      program—these documentation
                                            disability and that is individually                     proposed, VA’s standard for service                   requirements would not apply for more
                                            trained for that purpose. The definition                animal access is consistent with                      general access to a VA property, such as
                                            in proposed § 1.218(a)(11)(viii)                        regulations that implement the ADA                    to receive outpatient care provided by
                                            specifically excluded any species of                    and is not dependent on how the service               VA. The presentation of certain records
                                            animal other than a dog, and                            animal was trained or by whom, but                    as proof of an animal’s health required
                                            specifically required that the work or                  instead depends on the service animal’s               in § 1.218(a)(11)(vii) is necessary when
                                            tasks performed by the service animal                   ability to behave in accordance with                  a service animal will have routine and
                                            be directly related to the individual’s                 typical public access standards for                   constant interaction with employees,
                                            disability. Further, § 1.218(a)(11)(viii)               public settings. Therefore, we do not                 veterans, patients, and visitors over the
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                                            distinguished that the crime deterrent                  make any changes based on these                       course of an extended period of time in
                                            effects of an animal’s presence, or the                 comments. VA notes that a service                     a residential setting, so that VA may
                                            provision of emotional support or well-                 animal must be certified by ADI or IGDF               ensure patient care, patient safety, and
                                            being, comfort, or companionship do                     as a requirement for veterans seeking                 infection control standards are met.
                                            not constitute ‘‘work or tasks.’’ The                   service dog benefits under 38 CFR                     However, we do agree with the
                                            definition as proposed in                               17.148, however, those requirements for               commenters who noted that some of the


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                          49159

                                            requirements in § 1.218(a)(11)(vii) as                  fleas, ticks, and other parasites can be              be denied access or removed if, based
                                            proposed could create an undue                          spread by physical contact and close                  on an individualized assessment that is
                                            administrative burden on both                           proximity and can reproduce quickly                   subject to objective indications in the
                                            individuals receiving treatment as well                 and in great volume to create infestation             final rule to ascertain severity of risk,
                                            as VA staff. We therefore make changes                  conditions that are much more difficult               there is cause for access denial or
                                            in the final rule to remove                             to remediate, versus removing a service               removal. VA anticipates that in most
                                            § 1.218(a)(11)(vii)(A)–(C), and to revise               animal with visible external parasites.               cases concerns related to access and
                                            § 1.218(a)(11)(vii) to require that the                 We note, however, that under                          removal will be communicated by
                                            individual receiving treatment in a                     § 1.218(a)(11)(ii)(C), VA staff must                  veterans, employees, or visitors to VA
                                            residential program must only provide                   complete an individualized assessment                 staff members (including security and
                                            documentation that confirms that the                    based on objective indications, such as               law enforcement) who will manage any
                                            service animal has a current rabies                     external signs of parasites, to ascertain             concerns and facilitate an appropriate
                                            vaccine and current core canine                         the severity of risk to the health or                 response. VA anticipates all appropriate
                                            vaccines. We further revise the                         safety of people or other service                     staff members will be trained on what
                                            conditions in § 1.218(a)(11)(vii) related               animals.                                              is and what is not allowed under this
                                            to when a rabies vaccine and core                          Several commenters suggested that                  regulation and how it should be
                                            canine vaccines are considered                          VA revise § 1.218(a)(11)(viii) to permit              implemented.
                                            ‘‘current’’ to require ‘‘a current rabies               service dogs in training to access VA                    Several commenters expressed
                                            vaccine as determined by state and local                property. Some of these commenters                    concern about the requirement in
                                            public health requirements, and current                 reasoned that a service dog in training               proposed § 1.218(a)(11)(i) that the
                                            core canine vaccines as dictated by local               could be well trained enough to                       service animal be in a guiding harness
                                            veterinary practice standards (e.g.                     dependably behave safely in public                    or on a leash, as well as under the
                                            distemper, parvovirus, and adenovirus-                  settings, even without having fully                   control of the individual with a
                                            2).’’ These changes will retain the                     completed their training. Other                       disability, at all times while on VA
                                            requirement for documentation of basic                  commenters expressed that VA                          property. These commenters asserted
                                            canine vaccinations that we believe is                  properties could be used as training                  that multiple disabilities might prevent
                                            necessary to ensure the service animal                  opportunities for service animals. VA                 an individual from physically
                                            is in good health, while providing more                 seeks to maintain a safe and therapeutic              controlling a service animal via a
                                            flexibility of those required vaccinations              environment at its properties. In a                   harness or leash, or that the service
                                            in accordance with local requirements.                  complex hospital environment, we                      animal’s presence on a leash or other
                                            These revisions will also remove the                    believe that service animals should be                tether at all times might prevent that
                                            requirement for proof of a                              fully trained and a ‘‘service animal in               service animal from completing work or
                                            comprehensive exam within the past 12                   training’’ is not fully trained. We                   tasks they are trained to perform.
                                            months, as well as remove the                           therefore do not revise                               Further, some commenters urged VA to
                                            requirement that an individual must                     § 1.218(a)(11)(viii) to permit service                adopt a standard that mimics that of the
                                            otherwise confirm in writing that the                   animals in training.                                  regulations that implement the ADA,
                                                                                                       Several commenters inquired as to                  whereby control over the service animal
                                            service animal is healthy. We believe
                                                                                                    how VA’s service animal access rule                   by the handler can be in the form of
                                            that the revised documentation
                                                                                                    would be enforced, particularly with                  voice control. VA agrees with these
                                            requirements in § 1.218(a)(11)(vii) now
                                                                                                    regard to staff training. Some                        comments, and amends § 1.218(a)(11)(i)
                                            relate only to the basic canine vaccines
                                                                                                    commenters expressed concerns about                   to incorporate comparable language to
                                            that an the individual would have                       ‘‘fake service animals’’ interfering with             that used in the regulations that
                                            merely as a function of being a                         the need for people and service animals               implement the ADA. Cf. 28 CFR
                                            responsible dog owner, and therefore                    to safely access VA properties. Others                36.302(c)(4).
                                            providing such documentation to VA for                  expressed concerns that VA’s proposed                    Likewise, after considering related
                                            confirmation is not burdensome. We                      rule would establish a barrier to access              comments, VA recognizes that
                                            make similar changes to the                             or expressed concern regarding the                    individuals with disabilities may
                                            documentation requirements related to                   authority of varying facility directors to            require the assistance of an alternate
                                            the health of non-service animals in                    devise implementation criteria that                   handler to control the service animal
                                            § 1.218(a)(11)(ix)(C)–(E), specifically to              would restrict access outside of the                  while on VA property. The need for an
                                            clarify that the prophylactic medication                proposed rule. VA does not make any                   alternate handler may arise when the
                                            requirement for non-service animals                     changes based on these comments. The                  individual with the disability is unable
                                            applies only to parasite control                        final rule establishes a set of                       to control the service animal because of
                                            medications (e.g. monthly flea and tick                 standardized criteria that can be                     the care the individual receives; or
                                            prevention), and to clarify that the                    uniformly enforced on VA property, and                when the service animal, individual
                                            health requirements for non-service                     removes variation amongst individual                  with a disability, and the alternate
                                            animals are consistent with local                       facilities that existed prior to this final           handler routinely operate as part of a
                                            veterinary practice standards.                          rule. A service animal meeting VA’s                   team when accessing public areas. For
                                               One commenter suggested that the                     requirements under this final rule will               this reason, VA amends § 1.218(a)(11)(i)
                                            mere presence of a flea or tick on a                    not be subject to any barrier to access.              and (a)(11)(ii)(A) to allow for an
                                            service animal should not be grounds                    And once on VA property, service                      alternate handler to also be in control of
                                            for removal of a service animal under                   animals are subject to the same terms,                the service animal. Specifically,
                                            § 1.218(a)(11)(ii)(C)(2), particularly for              conditions and regulations that govern                § 1.218(a)(11)(i) will state that a service
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                                            individuals being treated in VA                         the admission of the public to VA                     animal shall be under the control of the
                                            residential settings. VA does not make                  property, to include certain exceptions               person with the disability or an
                                            any changes based on this comment. We                   on VHA properties to ensure patient                   alternate handler at all times while on
                                            reiterate from the proposed rule that the               care, patient safety, and infection                   VA property. Section 1.218(a)(11)(i) will
                                            presence of a flea or tick poses a threat               control standards are not compromised.                also state that a service animal shall
                                            to the health and safety of others, as                  Therefore, service animals would only                 have a harness, leash, or other tether,


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                                            49160             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            unless either the handler is unable                     control a service animal as part of a                 include the clarifying parenthetical
                                            because of a disability to use a harness,               treatment plan established by the                     ‘‘(not to include public food service
                                            leash, or other tether, or the use of a                 clinical care team. Although VA used                  areas).’’ We will also revise
                                            harness, leash, or other tether would                   CDC guidance to justify the area-based                § 1.218(a)(11)(iii)(G) as proposed,
                                            interfere with the service animal’s safe,               exclusions in proposed                                renumbered as § 1.218(a)(11)(iii)(F), to
                                            effective performance of work or tasks,                 § 1.218(a)(11)(iii)(C) (see 79 FR 69379,              refer to areas ‘‘where personal protective
                                            in which case the service animal must                   69381), VA believes that this revision is             clothing must be worn or barrier
                                            be otherwise under the handler’s control                still consistent with CDC’s guidance                  protective measures must be taken to
                                            (e.g., voice control, signals, or other                 because the service animal would not be               enter,’’ instead of referring to areas that
                                            effective means). We reiterate, that at no              permitted to access the inpatient area if             require ‘‘personal protective
                                            time is any VA employee to be                           not part of a documented treatment                    equipment’’ to be worn. We agree with
                                            responsible for the control of the service              plan. The animal would require a staff                commenters that ‘‘personal protective
                                            animal, as set forth in § 1.218(a)(11)(i).              assessment under § 1.218(a)(11)(ii)(C) to             equipment’’ in proposed
                                               Several commenters inquired into                     evaluate any threat to the health or                  § 1.218(a)(11)(iii)(G) could be
                                            whose responsibility is it to clean up                  safety of patients or staff. A service                interpreted to encompass even the
                                            animal waste and if VA properties have                  animal could still be removed under                   wearing of basic equipment by patients,
                                            to designate an area for animals to                     § 1.218(a)(11)(ii) if it presented a risk to          staff, or visitors like paper face masks or
                                            relieve themselves. Commensurate with                   patient safety or infection control                   examination gloves, which could
                                            the requirements for access is a properly               standards after gaining access to an                  qualify nearly any area of a VHA
                                            housebroken service animal. Should a                    acute inpatient setting. For these same               medical facility as categorically
                                            service animal relieve bowel or bladder                 reasons, VA removes proposed                          excluding the presence of a service
                                            on VA property, it is the responsibility                § 1.218(a)(11)(iii)(E), the prohibition of            animal. The revisions to proposed
                                            of the handler or the alternate handler                 the presence of service animals in                    § 1.218(a)(11)(iii)(G)
                                            to properly dispose of the waste in                     patient rooms or areas where a patient                (§ 1.218(a)(11)(iii)(F) as renumbered)
                                            accordance with standards appropriate                   may have an animal allergy or phobia.                 more accurately describe the types of
                                            for public settings. VA again notes that                Again, a service animal could be                      areas that a service animal will be
                                            at no time is any employee to be                        removed from such an area if the animal               restricted from entering.
                                            responsible to control a service animal                 posed a risk to patient safety or health,                We emphasize that even with these
                                            and part of the access requirements is                  under § 1.218(a)(11)(ii). By removing                 changes to the area-based exclusions in
                                            that an animal is housebroken. VA                       proposed § 1.218(a)(11)(iii)(E), we will              § 1.218(a)(11)(iii), a specific service
                                            makes no change based on this                           renumber proposed § 1.218(a)(11)(iii)(F)              animal may still be individually denied
                                            comment.                                                and (iii)(G) as (iii)(E) and (iii)(F),                access or removed if it does not meet the
                                               Several commenters objected to the                                                                         standards in § 1.218(a)(11)(i) and
                                                                                                    respectively.
                                            absolute prohibition of service animal                                                                        (a)(11)(ii), namely that the animal must
                                            access to certain areas of VHA property                    However, VA will not remove all                    be controlled (by the individual or an
                                            in proposed 1.218(a)(11)(iii), citing                   categorical area-based exclusions of                  alternate handler that is not a VA
                                            contrary standards that permit such                     service animals on VHA property from                  employee), be housebroken, and not
                                            access in regulations that implement the                proposed § 1.218(a)(11)(iii). VA’s                    pose a threat to the health and safety of
                                            ADA as well as guidance issued by the                   healthcare facilities reflect evidence                people or other service animals.
                                            Centers for Disease Control and                         based standards governing safe                           Several commenters expressed
                                            Prevention (CDC). Particularly,                         operation of a healthcare facility, patient           concerns regarding the provision of
                                            commenters objected to the categorical                  care, and infection control. Consistent               service dogs, service dog training, and
                                            exclusion of service animals from                       with CDC guidance, VA still finds                     service dog benefits by VA. Particularly,
                                            inpatient hospital settings to include                  certain locations such as operating                   some commenters asserted that VA
                                            locked mental health units (in proposed                 rooms, surgical suites, areas where                   should assist veterans to obtain a service
                                            § 1.218(a)(11)(iii)(C)), and from patient               invasive procedures are being                         dog and have such a dog trained and
                                            rooms or treatment areas where patients                 performed, decontamination, sterile                   certified. These comments are beyond
                                            may have an animal allergy or phobia                    processing, sterile storage areas, food               the scope of this rule, and we therefore
                                            (in proposed § 1.218(a)(11)(iii)(E)). VA                preparation areas (not to include public              do not make any changes. We note,
                                            cited three examples of acute inpatient                 food service areas), and any areas where              however, that the provision of service
                                            hospital settings in proposed                           protective barrier measures are required,             dog benefits by VA is regulated at 38
                                            § 1.218(a)(11)(iii)(C) (intensive care                  to be inappropriate environments for a                CFR 17.148. Other commenters noted
                                            units, stabilization units, and locked                  service animal. One commenter                         the benefits of service animals for the
                                            mental health units) in a representative                recommended removing the                              treatment of PTSD, but did not
                                            but not exhaustive list of areas that                   representative examples in proposed                   necessarily suggest any changes to the
                                            could be covered by this exclusion. In                  § 1.218(a)(11)(iii)(A)–(C) as redundant of            proposed rule. Again, these comments
                                            light of the comments received, VA                      places where protective barrier                       are beyond the scope of this rule, and
                                            revises § 1.218(a)(11)(iii)(C) to remove                measures are required. We decline to                  we therefore do not make any changes.
                                            these examples, and instead qualify the                 remove these examples because they                    Some commenters requested that the
                                            exclusion of service animals in acute                   add clarity regarding the types of areas              final rule provide examples of what VA
                                            inpatient settings to exclude such                      where access must be restricted to                    considers to be ‘‘work’’ or ‘‘tasks’’ that
                                            animals when their presence is not part                 ensure patient care, patient safety or                a service animal may be trained to
                                            of a documented treatment plan. VA                      infection control standards are not                   perform, either in the preamble or
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                                            agrees with the commenters that there                   compromised. While we will retain                     through revisions to the regulation text.
                                            are scenarios in which a service animal                 these area-based exclusions and the                   Commenters noted that such examples
                                            on any of the specific areas in proposed                examples provided in the final rule, in               would be particularly helpful for a
                                            § 1.218(a)(11)(iii)(C) may provide its                  response to comments we will revise                   service animal that might assist an
                                            services when the individual being                      § 1.218(a)(11)(iii)(F) as proposed,                   individual with a mental disability or
                                            treated or an alternate handler can                     renumbered as § 1.218(a)(11)(iii)(E), to              illness. We decline to make revisions to


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                           49161

                                            the regulation text or provide examples                 compared to the presence and use of a                 removing the first commas appearing in
                                            in the preamble of this final rule.                     comfort or emotional support animal in                proposed § 1.218(a)(11)(ix)(C) and (D),
                                            However, we do provide as reference                     the home (emotional support animal).                  replacing the word ‘‘on’’ with the word
                                            here the supplemental guidance issued                   Regarding VHA’s residential treatment                 ‘‘in’’ three places in § 1.218(a)(11)(ix)(E)
                                            by the Department of Justice when it last               programs, these programs involve                      in reference to VA Community Living
                                            issued regulations on this subject in                   shared spaces amongst multiple                        Centers, and adding the clarifying
                                            2010, specifically on what constitutes                  veterans, where there is an active                    phrase ‘‘with respect to an individual’’
                                            ‘‘work or tasks’’ that a service animal                 treatment component that involves the                 to the definition of a disability in
                                            may provide (see Appendix A to 28 CFR                   participation of not only the veterans                § 1.218(a)(11)(x).
                                            part 36, Guidance on Revisions to ADA                   but also treatment providers as well as                  One commenter asked for clarification
                                            Regulation on Nondiscrimination on the                  other members of the public at times.                 if animals other than dogs can
                                            Basis of Disability by Public                           Therefore, we interpret VHA residential               participate in Animal Assisted
                                            Accommodations and Commercial                           programs to be public treatment spaces                Activities (AAA) or Animal Assisted
                                            Facilities, 75 FR 56236, 56258). This                   (just as the other areas of VHA property              Therapy (AAT) programs under
                                            reference provides examples of work or                  that are specified in this final rule),               § 1.218(a)(11)(ix)(C) and (ix)(D) as
                                            tasks that VA understands to be                         rather than a residential space                       proposed. Unlike service animals under
                                            performed by service animals for                        analogous to the HUD public housing                   the proposed and final rules, there is no
                                            individuals with disabilities so that                   context. We therefore do not make any                 species restriction for AAA or AAT
                                            such individuals may better navigate                    changes based on these comments.                      animals, and AAA or AAT animals are
                                            public spaces. By providing this                           Commenters expressed concern about                 permitted on VHA property only at the
                                            reference of examples of work and tasks                 the area-based restrictions for property              discretion of the VA facility head or
                                            in the context of public access, VA is                  under the control of the National                     designee. Should an AAA or AAT
                                            not expressing a position on the efficacy               Cemetery Administration (NCA) in                      animal that is not a dog meet the
                                            of such dogs for the treatment of the                   proposed § 1.218(a)(11)(iv). We interpret             requirements in § 1.218(a)(11)(ix)(C) and
                                            disabilities of the individuals.                        such comments to be the result of a                   (D), a VA facility head or designee may
                                                                                                    misunderstanding by commenters that                   grant that animal access to VA property.
                                               One commenter urged VA to include
                                                                                                    new restrictions were being created in                Another commenter suggested that VA
                                            emotional support animals in the
                                                                                                    the proposed rule when in fact the                    allow for pets to visit patients in unique
                                            definition of ‘‘service animal’’ in                     proposed area-based restrictions reflect              circumstances such as end-of-life
                                            § 1.218(a)(11)(viii) as proposed. The                   existing restrictions on NCA property in              situations. As with other species of
                                            commenter asserted that because many                    accordance with rules requiring access                animals, there is no categorical
                                            veterans with PTSD use emotional                        on the same terms, conditions, and                    restriction for AAA or AAT animals that
                                            support animals in their homes, that                    regulations that generally govern                     would necessarily exclude a personal
                                            refusing access to emotional support                    admission of the public to the property.              pet in an end-of-life or other special
                                            animals on VA property could                            That is, the proposed and final rules                 circumstance. Should an animal serve
                                            discourage use of VA services by such                   only clarify that where an individual                 an AAA or AAT purpose and meet the
                                            veterans. This same commenter also                      may not access NCA property (i.e., in                 requirements in § 1.218(a)(11)(ix)(C) and
                                            made a reference to Department of                       NCA construction or maintenance sites,                (D), a VA facility head or designee may
                                            Housing and Urban Development (HUD)                     or in NCA open interment areas), so,                  grant that animal access to VA property.
                                            regulations and guidance that create                    too, a service animal may not access                  In addition, a commenter suggested that
                                            exclusions for public housing’s ‘‘no pet’’              such property. This rule does not affect              AAA and AAT animals be allowed on
                                            policies for certain animals, to include                the right of an individual to be                      VA property only when their handler or
                                            permitting access for emotional support                 accompanied by their service animal on                organization has liability insurance. We
                                            animals in applicable circumstances,                    NCA grounds in those areas where the                  do not disagree that liability insurance
                                            and suggested that VA consider                          general public is permitted. However,                 would be a sensible requirement,
                                            developing a similar rule regarding                     these comments raise the possibility                  particularly as AAA is often conducted
                                            emotional support animal access on VA                   that the provision regarding restriction              in group settings. However, VA believes
                                            property. Another commenter suggested                   of access to open interment areas may                 that any liability insurance would be
                                            adopting HUD’s approach in the context                  be perceived as overly restrictive. We                better addressed outside of a regulatory
                                            of VA’s residential treatment programs.                 have, therefore, made a change to                     requirement by the VA facility head or
                                            VA does not disagree that some veterans                 § 1.218(a)(11)(iv)(A) to remove the                   designee and the AAA or AAT handler
                                            may use emotional support animals, nor                  reference to columbaria (as columbaria                or organization prior to establishing a
                                            disagree with the commenters’                           pose minimal safety issues), and to                   particular program at a facility. VA
                                            subjective accounts that such animals                   indicate that individuals may be                      makes no changes based on these
                                            have improved the quality of their lives.               permitted to observe an individual                    comments.
                                            However, the HUD regulations and                        interment or inurnment accompanied by                    For all of the reasons noted above, VA
                                            guidance referenced by the commenters                   a service animal. This change will allow              is adopting the rule as final with
                                            appropriately apply in the context of                   family or representatives (such as                    changes as noted to 38 CFR 1.218.
                                            public housing. In particular, the HUD                  clergy), accompanied by their service
                                            regulations and guidance do not require                                                                       Effect of Rulemaking
                                                                                                    animals, to observe an interment or
                                            an animal to be individually trained to                 inurnment when requested and when                       Title 38 of the Code of Federal
                                            do work or perform tasks for the benefit                such observation can be safely                        Regulations, as revised by this
                                            of the individual with a disability.                    accommodated.                                         rulemaking, represents VA’s
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                                            However, there is a distinction between                    VA makes one technical correction in               implementation of its legal authority on
                                            the presence of an animal in public                     § 1.218(a)(11)(viii). In the last sentence,           this subject. Other than future
                                            areas and the functions that animal                     VA is replacing ‘‘of this chapter’’ with              amendments to this regulation or
                                            performs to enable an individual to use                 a complete citation ‘‘38 CFR 17.148.’’                governing statutes, no contrary guidance
                                            public services and public                              VA also makes several minor, non-                     or procedures are authorized. All
                                            accommodations (service animal), as                     substantive edits for clarity such as                 existing or subsequent VA guidance


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                                            49162             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            must be read to conform with this                       to result in a rule that may: (1) Have an             Department of Veterans Affairs,
                                            rulemaking if possible or, if not                       annual effect on the economy of $100                  approved this document on June 5,
                                            possible, such guidance is superseded                   million or more or adversely affect in a              2015, for publication.
                                            by this rulemaking.                                     material way the economy, a sector of
                                                                                                                                                          List of Subjects in 38 CFR Part 1
                                                                                                    the economy, productivity, competition,
                                            Paperwork Reduction Act                                                                                         Administrative practice and
                                                                                                    jobs, the environment, public health or
                                              This final rule includes a collection of              safety, or State, local, or tribal                    procedure, Cemeteries, Government
                                            information under the Paperwork                         governments or communities; (2) Create                property, Security measures.
                                            Reduction Act of 1995 (44 U.S.C. 3501–                  a serious inconsistency or otherwise                    Dated: June 19, 2015.
                                            3521) that requires approval by the                     interfere with an action taken or                     Michael Shores,
                                            Office of Management and Budget                         planned by another agency; (3)
                                            (OMB). Accordingly, under 44 U.S.C.                                                                           Chief Impact Analyst, Office of Regulation
                                                                                                    Materially alter the budgetary impact of              Policy & Management, Office of the General
                                            3507(d), VA has submitted a copy of                     entitlements, grants, user fees, or loan              Counsel, Department of Veterans Affairs.
                                            this rulemaking action to OMB for                       programs or the rights and obligations of
                                            review.                                                                                                         For the reasons stated in the
                                                                                                    recipients thereof; or (4) Raise novel                preamble, VA amends 38 CFR part 1 as
                                              OMB assigns a control number for                      legal or policy issues arising out of legal
                                            each collection of information it                                                                             follows:
                                                                                                    mandates, the President’s priorities, or
                                            approves. VA may not conduct or                         the principles set forth in this Executive            PART 1—GENERAL PROVISIONS
                                            sponsor, and a person is not required to                Order.’’
                                            respond to, a collection of information                    The economic, interagency,                         ■ 1. The authority citation for part 1
                                            unless it displays a currently valid OMB                budgetary, legal, and policy                          continues to read as follows:
                                            control number. Section 1.218(a)(11)                    implications of this final rule have been               Authority: 38 U.S.C. 501(a), and as noted
                                            contains a collection of information                    examined and it has been determined                   in specific sections.
                                            under the Paperwork Reduction Act of                    not to be a significant regulatory action
                                            1995. OMB has approved the                              under Executive Order 12866. VA’s                     ■ 2. Revise § 1.218(a)(11) to read as
                                            information collection requirement in                   impact analysis can be found as a                     follows:
                                            this section as an emergency clearance                  supporting document at http://                        § 1.218. Security and law enforcement at
                                            under control number 2900–0831. This                    www.regulations.gov, usually within 48                VA facilities.
                                            emergency clearance expires on                          hours after the rulemaking document is
                                            December 31, 2015, before which time                                                                             (a) * * *
                                                                                                    published. Additionally, a copy of this                  (11) Animals. (i) Service animals, as
                                            VA will submit to OMB a request for                     rulemaking and its impact analysis are
                                            permanent clearance.                                                                                          defined in paragraph (a)(11)(viii) of this
                                                                                                    available on VA’s Web site at http://                 section, are permitted on VA property
                                            Regulatory Flexibility Act                              www.va.gov/orpm/, by following the                    when those animals accompany
                                                                                                    link for ‘‘VA Regulations Published                   individuals with disabilities and are
                                              The Secretary hereby certifies that                   From FY 2004 Through Fiscal Year to
                                            this final rule will not have a significant                                                                   trained for that purpose. A service
                                                                                                    Date.’’                                               animal shall be under the control of the
                                            economic impact on a substantial
                                            number of small entities as they are                    Unfunded Mandates                                     person with the disability or an
                                            defined in the Regulatory Flexibility                      The Unfunded Mandates Reform Act                   alternate handler at all times while on
                                            Act, 5 U.S.C. 601–612. This final rule                  of 1995 requires, at 2 U.S.C. 1532, that              VA property. A service animal shall
                                            directly affects only individuals and                   agencies prepare an assessment of                     have a harness, leash, or other tether,
                                            will not directly affect small entities.                anticipated costs and benefits before                 unless either the handler is unable
                                            Therefore, pursuant to 5 U.S.C. 605(b),                 issuing any rule that may result in an                because of a disability to use a harness,
                                            this rulemaking is exempt from the final                expenditure by State, local, and tribal               leash, or other tether, or the use of a
                                            regulatory flexibility analysis                         governments, in the aggregate, or by the              harness, leash, or other tether would
                                            requirements of 5 U.S.C. 604.                           private sector, of $100 million or more               interfere with the service animal’s safe,
                                                                                                    (adjusted annually for inflation) in any              effective performance of work or tasks,
                                            Executive Orders 12866 and 13563                                                                              in which case the service animal must
                                                                                                    one year. This final rule will have no
                                               Executive Orders 12866 and 13563                     such effect on State, local, and tribal               be otherwise under the handler’s control
                                            direct agencies to assess the costs and                 governments, or on the private sector.                (e.g., voice control, signals, or other
                                            benefits of available regulatory                                                                              effective means). VA is not responsible
                                            alternatives and, when regulation is                    Catalog of Federal Domestic Assistance                for the care or supervision of a service
                                            necessary, to select regulatory                           The Catalog of Federal Domestic                     animal. Service animal presence on VA
                                            approaches that maximize net benefits                   Assistance numbers and titles for the                 property is subject to the same terms,
                                            (including potential economic,                          programs affected by this document are                conditions, and regulations as generally
                                            environmental, public health and safety                 64.007, Blind Rehabilitation Centers;                 govern admission of the public to the
                                            effects, and other advantages;                          64.009, Veterans Medical Care Benefits;               property.
                                            distributive impacts; and equity).                      64.010, Veterans Nursing Home Care;                      (ii) A service animal will be denied
                                            Executive Order 13563 (Improving                        and 64.011, Veterans Dental Care.                     access to VA property or removed from
                                            Regulation and Regulatory Review)                                                                             VA property if:
                                            emphasizes the importance of                            Signing Authority                                        (A) The animal is not under the
                                            quantifying both costs and benefits,                      The Secretary of Veterans Affairs, or               control of the individual with a
                                            reducing costs, harmonizing rules, and                  designee, approved this document and                  disability or an alternate handler;
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                                            promoting flexibility. Executive Order                  authorized the undersigned to sign and                   (B) The animal is not housebroken.
                                            12866 (Regulatory Planning and                          submit the document to the Office of the              The animal must be trained to eliminate
                                            Review) defines a ‘‘significant                         Federal Register for publication                      its waste in an outdoor area; or
                                            regulatory action,’’ requiring review by                electronically as an official document of                (C) The animal otherwise poses a risk
                                            OMB, unless OMB waives such review,                     the Department of Veterans Affairs.                   to the health or safety of people or other
                                            as ‘‘any regulatory action that is likely               Robert L. Nabors II, Chief of Staff,                  service animals. In determining whether


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                                                              Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations                                         49163

                                            an animal poses a risk to the health or                 provide documentation, such as proof                  use of an animal into the treatment
                                            safety of people or other service                       that an animal has been certified,                    regimen of a patient. Any AAT animal
                                            animals, VA will make an                                trained, or licensed as a service animal,             present on VHA property must facilitate
                                            individualized assessment based on                      to gain access to VA property                         achievement of patient-specific
                                            objective indications to ascertain the                  accompanied by the service animal.                    treatment goals, as documented in the
                                            severity of the risk. Such indications                  However, an individual may be asked if                patient’s treatment plan. AAT animals
                                            include but are not limited to:                         the animal is required because of a                   must be up to date with all core
                                               (1) External signs of aggression from                disability, and what work or task the                 vaccinations or immunizations,
                                            the service animal, such as growling,                   animal has been trained to perform.                   prophylactic parasite control
                                            biting or snapping, baring its teeth,                      (vii) An individual with a disability,             medications, and regular health
                                            lunging; or                                             if such individual will be accompanied                screenings as determined necessary by a
                                               (2) External signs of parasites on the               by the service animal while receiving                 licensed veterinarian consistent with
                                            service animal (e.g. fleas, ticks), or other            treatment in a VHA residential program,               local veterinary practice standards.
                                            external signs of disease or bad health                 must provide VA with documentation                    Proof of compliance with these
                                            (e.g. diarrhea or vomiting).                            that confirms the service animal has had              requirements must be documented and
                                               (iii) Service animals will be restricted             a current rabies vaccine as determined                accessible in the area(s) where patients
                                            from accessing certain areas of VA                      by state and local public health                      receive AAT.
                                            property under the control of the                       requirements, and current core canine                    (D) Animal-assisted activity (AAA)
                                            Veterans Health Administration (VHA                     vaccines as dictated by local veterinary              animals may be permitted to be present
                                            properties) to ensure patient care,                     practice standards (e.g. distemper,                   on VHA property when the presence of
                                            patient safety, or infection control                    parvovirus, and adenovirus-2).                        such animals would not compromise
                                            standards are not compromised. Such                        (viii) A service animal means any dog              patient care, patient safety, or infection
                                            areas include but are not limited to:                   that is individually trained to do work               control standards. AAA involves
                                               (A) Operating rooms and surgical                     or perform tasks for the benefit of an                animals in activities to provide patients
                                            suites;                                                 individual with a disability, including a             with casual opportunities for
                                               (B) Areas where invasive procedures                  physical, sensory, psychiatric,                       motivational, educational, recreational,
                                            are being performed;                                    intellectual, or other mental disability.             and/or therapeutic benefits. AAA is not
                                               (C) Acute inpatient hospital settings                Other species of animals, whether wild                a goal-directed clinical intervention that
                                            when the presence of the service animal                 or domestic, trained or untrained, are                must be provided or facilitated by a VA
                                            is not part of a documented treatment                   not service animals for the purposes of               therapist or clinician, and therefore is
                                            plan;                                                   this definition. The work or tasks                    not necessarily incorporated into the
                                               (D) Decontamination, sterile                         performed by a service animal must be                 treatment regimen of a patient or
                                            processing, and sterile storage areas;                  directly related to the individual’s                  documented in the patient’s medical
                                               (E) Food preparation areas (not to                   disability. The crime deterrent effects of            record as treatment. AAA animals must
                                            include public food service areas); and                 an animal’s presence and the provision                be up to date with all core vaccinations
                                               (F) Any areas where personal                         of emotional support, well-being,                     or immunizations, prophylactic parasite
                                            protective clothing must be worn or                     comfort, or companionship do not                      control medications, and regular health
                                            barrier protective measures must be                     constitute work or tasks for the purposes             screenings as determined necessary by a
                                            taken to enter.                                         of this definition. Service dogs in                   licensed veterinarian consistent with
                                               (iv) Service animals will be restricted              training are not considered service                   local veterinary practice standards.
                                            from accessing certain areas of VA                      animals. This definition applies                      Proof of compliance with these
                                            property under the control of the                       regardless of whether VA is providing                 requirements must be documented and
                                            National Cemetery Administration                        benefits to support a service dog under               accessible in the area(s) where patients
                                            (NCA properties) to ensure that public                  38 CFR 17.148.                                        may participate in AAA.
                                            safety, facilities and grounds care, and                   (ix) Generally, animals other than                    (E) Animals participating in a VA
                                            maintenance control are not                             service animals (‘‘non-service animals’’)             Community Living Center (CLC)
                                            compromised. Such areas include but                     are not permitted to be present on VA                 residential animal program or a Mental
                                            are not limited to:                                     property, and any individual with a                   Health Residential Rehabilitation
                                               (A) Open interment areas, except as                  non-service animal must remove it.                    Treatment Program (MHRRTP) may be
                                            approved to observe an individual                       However, a VA facility head or designee               permitted to be present on VHA
                                            interment or inurnment.                                 may permit certain non-service animals                property, when the presence of such
                                               (B) Construction or maintenance sites;               to be present on VA property for the                  animals would not compromise patient
                                            and                                                     following reasons:                                    care, patient safety, or infection control
                                               (C) Grounds keeping and storage                         (A) Animals may be permitted to be                 standards. A residential animal program
                                            facilities.                                             present on VA property for law                        in a VA CLC or a MHRRTP is a program
                                               (v) If a service animal is denied access             enforcement purposes;                                 that uses the presence of animals to
                                            to VA property or removed from VA                          (B) Animals under the control of the               create a more homelike environment to
                                            property in accordance with (a)(11)(ii)                 VA Office of Research and Development                 foster comfort for veterans, while also
                                            of this section, or restricted from                     may be permitted to be present on VA                  stimulating a sense of purpose,
                                            accessing certain VA property in                        property;                                             familiarity, and belonging. Any VA CLC
                                            accordance with paragraphs (a)(11)(iii)                    (C) Animal-assisted therapy (AAT)                  or MHRRTP residential animal present
                                            and (iv) of this section, then VA will                  animals may be permitted to be present                on VHA property must facilitate
                                            give the individual with a disability the               on VHA property when the presence of                  achievement of therapeutic outcomes
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                                            opportunity to obtain services without                  such animals would not compromise                     (such as described above), as
                                            having the service animal on VA                         patient care, patient safety, or infection            documented in patient treatment plans.
                                            property.                                               control standards. AAT is a goal-                     Residential animals in a VA CLC or
                                               (vi) Unless paragraph (a)(11)(vii) of                directed clinical intervention, as                    MHRRTP must be up to date with all
                                            this section applies, an individual with                provided or facilitated by a VA therapist             core vaccinations and immunizations,
                                            a disability must not be required to                    or VA clinician, that incorporates the                prophylactic parasite control


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                                            49164             Federal Register / Vol. 80, No. 158 / Monday, August 17, 2015 / Rules and Regulations

                                            medications, and regular health                         rulemaking is noncontroversial for the                I. General Information
                                            screenings as determined necessary by a                 reasons set forth in this preamble, and
                                            licensed veterinarian consistent with                   due to the limited scope of this action.              A. Why is the EPA issuing a direct final
                                            local veterinary practice standards.                                                                          rule?
                                                                                                    DATES: This rule is effective on October
                                            Proof of compliance with these                          16, 2015 without further notice, unless                  The EPA is making this revision as a
                                            requirements must be documented and                     EPA receives adverse comment by                       direct final rule without prior proposal
                                            accessible in the VA CLC or MHRRTP.                     September 16, 2015. If EPA receives                   because the EPA views this revision as
                                               (F) Animals may be present on NCA                    adverse comment, we will publish a                    noncontroversial and anticipates no
                                            property for ceremonial purposes during                 timely withdrawal in the Federal                      adverse comment. The rationale for this
                                            committal services, interments, and                     Register informing the public that the                rulemaking is described in detail below.
                                            other memorials, if the presence of such                rule will not take effect.                            In the Proposed Rules section of this
                                            animals would not compromise public
                                            safety, facilities and grounds care, and                ADDRESSES: Submit your comments,                      Federal Register, the EPA is publishing
                                            maintenance control standards.                          identified by Docket ID No. EPA–HQ–                   a separate document that will serve as
                                               (x) For purposes of this section, a                  OAR–2015–0208, to the Federal                         the proposal to approve this revision to
                                            disability means, with respect to an                    eRulemaking Portal: http://                           the RVP gasoline standard that applies
                                            individual, a physical or mental                        www.regulations.gov. Follow the online                in Mecklenburg and Gaston counties
                                            impairment that substantially limits one                instructions for submitting comments.                 should adverse comments be filed. If the
                                            or more major life activities of the                    Once submitted, comments cannot be                    EPA receives no adverse comment, the
                                            individual; a record of such an                         edited or withdrawn. The EPA may                      EPA will not take further action on the
                                            impairment; or being regarded as having                 publish any comment received to its                   proposed rule. If the EPA receives
                                            such an impairment.                                     public docket. Do not submit                          adverse comment on this rule or any
                                               (OMB has approved the information                    electronically any information you                    portion of this rule, the EPA will
                                            collection requirements in this section                 consider to be Confidential Business                  withdraw the direct final rule or the
                                            under control number XXXX–XXXX.)                        Information (CBI) or other information                portion of the rule that received adverse
                                                                                                    whose disclosure is restricted by statute.            comment. All public comments received
                                            *      *     *     *     *
                                            (Authority: 38 U.S.C. 901, 40 U.S.C. 3103)              Multimedia submissions (audio, video,                 will then be addressed in a subsequent
                                                                                                    etc.) must be accompanied by a written                final rule based on the proposed rule.
                                            [FR Doc. 2015–20182 Filed 8–14–15; 8:45 am]
                                                                                                    comment. The written comment is                       The EPA will not institute a second
                                            BILLING CODE 8320–01–P
                                                                                                    considered the official comment and                   comment period on this rulemaking.
                                                                                                    should include discussion of all points               Any parties interested in commenting
                                                                                                    you wish to make. The EPA will                        must do so at this time.
                                            ENVIRONMENTAL PROTECTION                                generally not consider comments or
                                            AGENCY                                                  comment contents located outside of the               B. Does this action apply to me?
                                                                                                    primary submission (i.e., on the web,
                                            40 CFR Part 80                                          cloud, or other file sharing system). For               Entities potentially affected by this
                                            [EPA–HQ–OAR–2015–0208; FRL–9931–94–                     additional submission methods, the full               rule are fuel producers and distributors
                                            OAR]                                                    EPA public comment policy,                            who do business in North Carolina.
                                            RIN 2060–AS64                                           information about CBI or multimedia
                                                                                                    submissions, and general guidance on                      Examples of potentially                 NAICS 1 codes
                                                                                                                                                                regulated entities
                                            Approval of North Carolina’s Request                    making effective comments, please visit
                                            To Relax the Federal Reid Vapor                         http://www2.epa.gov/dockets/                          Petroleum refineries .............                324110
                                            Pressure Gasoline Volatility Standard                   commenting-epa-dockets.                               Gasoline Marketers and Dis-
                                            for Mecklenburg and Gaston Counties                     FOR FURTHER INFORMATION CONTACT:                        tributors .............................         424710
                                                                                                    Patty Klavon, Office of Transportation                                                                  424720
                                            AGENCY: Environmental Protection                                                                              Gasoline Retail Stations .......                  447110
                                            Agency (EPA).                                           and Air Quality, Environmental
                                                                                                    Protection Agency, 2000 Traverwood                    Gasoline Transporters ..........                  484220
                                            ACTION: Direct final rule.                                                                                                                                      484230
                                                                                                    Drive, Ann Arbor, Michigan, 48105;
                                            SUMMARY:    The Environmental Protection                telephone number: (734) 214–4476; fax
                                                                                                    number: (734) 214–4052; email address:                   The above table is not intended to be
                                            Agency (EPA) is taking direct final
                                            action to approve a request from the                    klavon.patty@epa.gov.                                 exhaustive, but rather provides a guide
                                            state of North Carolina for the EPA to                  SUPPLEMENTARY INFORMATION:
                                                                                                                                                          for readers regarding entities likely to be
                                            relax the Reid Vapor Pressure (RVP)                                                                           regulated by this action. The table lists
                                                                                                       The contents of this preamble are
                                            standard applicable to gasoline                                                                               the types of entities of which the EPA
                                                                                                    listed in the following outline:
                                            introduced into commerce from June 1                                                                          is aware that potentially could be
                                                                                                    I. General Information                                affected by this rule. Other types of
                                            to September 15 of each year for                        II. Action Being Taken
                                            Mecklenburg and Gaston counties.                                                                              entities not listed on the table could also
                                                                                                    III. History of the Gasoline Volatility
                                            Specifically, the EPA is approving                            Requirement
                                                                                                                                                          be affected by this rule. To determine
                                            amendments to the regulations to allow                  IV. The EPA’s Policy Regarding Relaxation of          whether your organization could be
                                            the RVP standard for the two counties                         Gasoline Volatility Standards in Ozone          affected by this rule, you should
                                            to rise from 7.8 pounds per square inch                       Nonattainment Areas That Are                    carefully examine the regulations in 40
                                            (psi) to 9.0 psi for gasoline. The EPA has                    Redesignated as Attainment Areas                CFR 80.27. If you have questions
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                                            determined that this change to the                      V. North Carolina’s Request to Relax the              regarding the applicability of this action
                                                                                                          Federal Gasoline RVP Requirement for            to a particular entity, call the person
                                            federal RVP regulation is consistent                          Mecklenburg and Gaston Counties
                                            with the applicable provisions of the                                                                         listed in the FOR FURTHER INFORMATION
                                                                                                    VI. Final Action
                                            Clean Air Act (CAA). This action is                     VII. Statutory and Executive Order Reviews            CONTACT section of this preamble.
                                            being taken without prior proposal                      VIII. Legal Authority and Statutory
                                            because the EPA believes that this                            Provisions                                        1 North   American Industry Classification System.



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Document Created: 2015-12-15 11:06:55
Document Modified: 2015-12-15 11:06:55
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
ActionFinal rule.
DatesThis rule is effective September 16, 2015.
ContactJoyce Edmonson, RN, JD, Patient Care Services, (10P4), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (410) 637-4755. (This is not a toll free number.)
FR Citation80 FR 49157 
RIN Number2900-AO39
CFR AssociatedAdministrative Practice and Procedure; Cemeteries; Government Property and Security Measures

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