80_FR_73265 80 FR 73040 - Proposed Information Collection (Requirement To Present Certain Health Information for a Service Dog; Activity: Comment Request

80 FR 73040 - Proposed Information Collection (Requirement To Present Certain Health Information for a Service Dog; Activity: Comment Request

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 80, Issue 225 (November 23, 2015)

Page Range73040-73041
FR Document2015-29694

The Veterans Health Administration (VHA), Department of Veterans Affairs (VA), is announcing an opportunity for public comment on the proposed collection of certain information by the agency. Under the Paperwork Reduction Act (PRA) of 1995, Federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information and allow 60 days for public comment in response to the notice. This notice solicits comments on the information needed for Veterans, Veteran Representatives and health care providers to request reimbursement from the federal government for emergency services at a private institution.

Federal Register, Volume 80 Issue 225 (Monday, November 23, 2015)
[Federal Register Volume 80, Number 225 (Monday, November 23, 2015)]
[Notices]
[Pages 73040-73041]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29694]


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DEPARTMENT OF VETERANS AFFAIRS

[OMB Control No. 2900-NEW]


Proposed Information Collection (Requirement To Present Certain 
Health Information for a Service Dog; Activity: Comment Request

AGENCY: Veterans Health Administration, Department of Veterans Affairs.

ACTION: Notice.

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

SUMMARY: The Veterans Health Administration (VHA), Department of 
Veterans Affairs (VA), is announcing an opportunity for public comment 
on the proposed collection of certain information by the agency. Under 
the Paperwork Reduction Act (PRA) of 1995, Federal agencies are 
required to publish notice in the Federal Register concerning each 
proposed collection of information and allow 60 days for public comment 
in response to the notice. This notice solicits comments on the 
information needed for Veterans, Veteran Representatives and health 
care providers to request reimbursement from the federal government for 
emergency services at a private institution.

DATES: Written comments and recommendations on the proposed collection 
of information should be received on or before January 22, 2016.

ADDRESSES: Submit written comments on the collection of information 
through Federal Docket Management System (FDMS) at www.Regulations.gov; 
or Brian McCarthy, Office of Regulatory and Administrative Affairs, 
Veterans Health Administration (10B4), Department of Veterans Affairs, 
810 Vermont Avenue NW., Washington, DC 20420 or email: 
[email protected]. Please refer to ``Requirement to Present 
Certain Health Information for a Service Dog under 38 CFR 1.218(a)(11), 
OMB Control No. 2900-NEW'' in any correspondence. During the comment 
period, comments may be viewed online through the FDMS.

FOR FURTHER INFORMATION CONTACT: Brian McCarthy at (202) 461-6345.

SUPPLEMENTARY INFORMATION: Under the PRA of 1995 (Pub. L. 104-13; 44 
U.S.C. 3501-3521), Federal agencies must obtain approval from the 
Office of Management and Budget (OMB) for each collection of 
information they conduct or sponsor. This request for comment is being 
made pursuant to Section 3506(c)(2)(A) of the PRA.
    With respect to the following collection of information, VHA 
invites comments on: (1) Whether the proposed collection of information 
is necessary for the proper performance of VHA's functions, including 
whether the information will have practical utility; (2) the accuracy 
of VHA's estimate of the burden of the proposed collection of 
information; (3) ways to enhance the quality, utility, and clarity of 
the information to be collected; and (4) ways to minimize the burden of 
the collection of information on respondents, including through the use 
of automated collection techniques or the use of other forms of 
information technology.
    Titles: Requirement to Present Certain Health Information for a 
Service Dog under 38 CFR 1.218(a)(11).
    OMB Control Number: 2900-NEW.
    Type of Review: New Collection Request.
    Abstract: Pursuant to 38 U.S.C. 901, VA may prescribe rules to 
provide for the maintenance of law and order and the protection of 
persons and property on VA property. VA implements this authority in 
regulations at 38 CFR 1.218 pertaining to security and law enforcement. 
This final rule will amend Sec.  1.218(a)(11) to require VA facilities 
to permit service animals on VA property consistent with 40 U.S.C. 3103 
(section 3103) and Public Law 112-154, Sec.  109, 126 Stat. 1165 (2012) 
(section 109). Section 3103(a) provides that guide dogs or other 
service animals accompanying individuals with disabilities and 
especially trained for that purpose shall be admitted to any building 
or other property owned or controlled by the Federal Government on the 
same terms and conditions, and subject to the same regulations, as 
generally govern the admission of the public to the property. Section 
109 provides that VA specifically may not prohibit the use of a covered 
service dog in any VA facility, on any VA property, or in any facility 
or on any property that receives funding from VA, and further defines a 
covered service dog as a service dog that has been trained by an entity 
that is accredited by an appropriate accrediting body that evaluates 
and accredits organizations which train guide or service dogs. Current 
38 CFR 1.218(a)(11), however, reads that dogs

[[Page 73041]]

and other animals, except seeing-eye dogs, shall not be brought upon 
property except as authorized by the head of the facility or designee. 
Our current regulation can be interpreted to allow the head of a VA 
facility or designee to bar access to all animals other than seeing-eye 
dogs, which is inconsistent with both section 3103(a) and section 109. 
We therefore revise our regulation to be consistent with the 
requirements in section 3103(a) and section 109. The collection 
associated with this regulation revision only applies to those service 
dogs that would be staying on VA property with a Veteran for extended 
periods of time while that Veteran is being treated in a residential 
treatment setting. This collection is not associated with the basic 
entry of a service dog generally on VA property. This collection is 
also associated with the entry of Animal Assisted Therapy and Animal 
Assisted Activity animals on VA property, and residential animals on VA 
residential units.
    Affected Public: Individuals or Households.
    Estimated Annual Burden: 125 burden hours.
    Estimated Average Burden per Respondent: 5 minutes.
    Frequency of Response: Annually.
    Estimated Number of Respondents: 1,500.

    By direction of the Secretary.
Kathleen M. Manwell,
VA Privacy Service, Office of Privacy and Records Management, 
Department of Veterans Affairs.
[FR Doc. 2015-29694 Filed 11-20-15; 8:45 am]
 BILLING CODE 8320-01-P



                                             73040                      Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices

                                             Nancy J. Kessinger, Veterans Benefits                     Estimated Number of Respondents:                    SUPPLEMENTARY INFORMATION:       Under the
                                             Administration (20M33), Department of                   144,333                                               PRA of 1995 (Pub. L. 104–13; 44 U.S.C.
                                             Veterans Affairs, 810 Vermont Avenue                       By direction of the Secretary.                     3501–3521), Federal agencies must
                                             NW., Washington, DC 20420 or email to                   Kathleen M. Manwell,
                                                                                                                                                           obtain approval from the Office of
                                             nancy.kessinger@va.gov. Please refer to                                                                       Management and Budget (OMB) for each
                                                                                                     Program Analyst, VA Privacy Service, Office
                                             ‘‘OMB Control No. 2900–0099’’ in any                                                                          collection of information they conduct
                                                                                                     of Privacy and Records Management,
                                             correspondence. During the comment                      Department of Veterans Affairs.                       or sponsor. This request for comment is
                                             period, comments may be viewed online                                                                         being made pursuant to Section
                                                                                                     [FR Doc. 2015–29723 Filed 11–20–15; 8:45 am]
                                             through the FDMS.                                                                                             3506(c)(2)(A) of the PRA.
                                                                                                     BILLING CODE 8320–01–P
                                             FOR FURTHER INFORMATION CONTACT:                                                                                 With respect to the following
                                             Nancy J. Kessinger at (202) 632–8924 or                                                                       collection of information, VHA invites
                                             FAX (202) 632–8925.                                                                                           comments on: (1) Whether the proposed
                                                                                                     DEPARTMENT OF VETERANS
                                                                                                                                                           collection of information is necessary
                                             SUPPLEMENTARY INFORMATION: Under the                    AFFAIRS
                                                                                                                                                           for the proper performance of VHA’s
                                             PRA of 1995 (Pub. L. 104–13; 44 U.S.C.                                                                        functions, including whether the
                                             3501–21), Federal agencies must obtain                  [OMB Control No. 2900–NEW]
                                                                                                                                                           information will have practical utility;
                                             approval from the Office of Management                                                                        (2) the accuracy of VHA’s estimate of
                                                                                                     Proposed Information Collection
                                             and Budget (OMB) for each collection of                                                                       the burden of the proposed collection of
                                                                                                     (Requirement To Present Certain
                                             information they conduct or sponsor.                                                                          information; (3) ways to enhance the
                                                                                                     Health Information for a Service Dog;
                                             This request for comment is being made                                                                        quality, utility, and clarity of the
                                                                                                     Activity: Comment Request
                                             pursuant to section 3506(c)(2)(A) of the                                                                      information to be collected; and (4)
                                             PRA.                                                    AGENCY:  Veterans Health                              ways to minimize the burden of the
                                                With respect to the following                        Administration, Department of Veterans                collection of information on
                                             collection of information, VBA invites                  Affairs.                                              respondents, including through the use
                                             comments on: (1) whether the proposed                   ACTION: Notice.                                       of automated collection techniques or
                                             collection of information is necessary                                                                        the use of other forms of information
                                             for the proper performance of VBA’s                     SUMMARY:   The Veterans Health                        technology.
                                             functions, including whether the                        Administration (VHA), Department of                      Titles: Requirement to Present Certain
                                             information will have practical utility;                Veterans Affairs (VA), is announcing an               Health Information for a Service Dog
                                             (2) the accuracy of VBA’s estimate of the               opportunity for public comment on the                 under 38 CFR 1.218(a)(11).
                                             burden of the proposed collection of                    proposed collection of certain                           OMB Control Number: 2900–NEW.
                                             information; (3) ways to enhance the                    information by the agency. Under the                     Type of Review: New Collection
                                             quality, utility, and clarity of the                    Paperwork Reduction Act (PRA) of                      Request.
                                             information to be collected; and (4)                    1995, Federal agencies are required to                   Abstract: Pursuant to 38 U.S.C. 901,
                                             ways to minimize the burden of the                      publish notice in the Federal Register                VA may prescribe rules to provide for
                                             collection of information on                            concerning each proposed collection of                the maintenance of law and order and
                                             respondents, including through the use                  information and allow 60 days for                     the protection of persons and property
                                             of automated collection techniques or                   public comment in response to the                     on VA property. VA implements this
                                             the use of other forms of information                   notice. This notice solicits comments on              authority in regulations at 38 CFR 1.218
                                             technology.                                             the information needed for Veterans,                  pertaining to security and law
                                                Title: Dependents’ Request for Change                Veteran Representatives and health care               enforcement. This final rule will amend
                                             of Program or Place of Training, VA                     providers to request reimbursement                    § 1.218(a)(11) to require VA facilities to
                                             Form 22–5495.                                           from the federal government for                       permit service animals on VA property
                                                OMB Control Number: 2900–0099.                       emergency services at a private                       consistent with 40 U.S.C. 3103 (section
                                                Type of Review: Revision of a                        institution.                                          3103) and Public Law 112–154, § 109,
                                             currently approved collection.                                                                                126 Stat. 1165 (2012) (section 109).
                                                                                                     DATES:  Written comments and                          Section 3103(a) provides that guide dogs
                                                Abstract: Spouses, surviving spouses,
                                                                                                     recommendations on the proposed                       or other service animals accompanying
                                             and children who are eligible for
                                                                                                     collection of information should be                   individuals with disabilities and
                                             Survivor’s and Dependent’s Educational
                                                                                                     received on or before January 22, 2016.               especially trained for that purpose shall
                                             Assistance (DEA) benefits under chapter
                                             35, and children eligible for the Marine                ADDRESSES: Submit written comments                    be admitted to any building or other
                                             Gunnery Sergeant John David Fry                         on the collection of information through              property owned or controlled by the
                                             Scholarship (Fry Scholarship) under                     Federal Docket Management System                      Federal Government on the same terms
                                             chapter 33, title 38, U.S. Code, complete               (FDMS) at www.Regulations.gov; or                     and conditions, and subject to the same
                                             VA Form 22–5495 to change their                         Brian McCarthy, Office of Regulatory                  regulations, as generally govern the
                                             program of education or place of                        and Administrative Affairs, Veterans                  admission of the public to the property.
                                             training. VA uses the information                       Health Administration (10B4),                         Section 109 provides that VA
                                             collected to determine if the new                       Department of Veterans Affairs, 810                   specifically may not prohibit the use of
                                             program is suitable to their abilities,                 Vermont Avenue NW., Washington, DC                    a covered service dog in any VA facility,
                                             aptitudes, and interest; and to verify the              20420 or email: Brian.McCarthy4@                      on any VA property, or in any facility
                                             new place of training is approved for                   va.gov. Please refer to ‘‘Requirement to              or on any property that receives funding
                                             benefits.                                               Present Certain Health Information for a              from VA, and further defines a covered
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                                                Affected Public: Individuals or                      Service Dog under 38 CFR 1.218(a)(11),                service dog as a service dog that has
                                             households.                                             OMB Control No. 2900–NEW’’ in any                     been trained by an entity that is
                                                Estimated Annual Burden: 36,038                      correspondence. During the comment                    accredited by an appropriate accrediting
                                             hours.                                                  period, comments may be viewed online                 body that evaluates and accredits
                                                Estimated Average Burden Per                         through the FDMS.                                     organizations which train guide or
                                             Respondent: 15 minutes.                                 FOR FURTHER INFORMATION CONTACT:                      service dogs. Current 38 CFR
                                                Frequency of Response: On occasion.                  Brian McCarthy at (202) 461–6345.                     1.218(a)(11), however, reads that dogs


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                                                                        Federal Register / Vol. 80, No. 225 / Monday, November 23, 2015 / Notices                                                 73041

                                             and other animals, except seeing-eye                    Veterans Affairs (VA) home loan                       management activity. The cost factor
                                             dogs, shall not be brought upon                         guaranty program concerning the                       calculation also includes an amount
                                             property except as authorized by the                    percentage to be used in calculating the              equal to the gain or loss experienced by
                                             head of the facility or designee. Our                   purchase price of a property that                     VA on the resale of those properties. VA
                                             current regulation can be interpreted to                secured a terminated loan. The new                    annually analyzes its property
                                             allow the head of a VA facility or                      percentage is 15.95 percent.                          management results and computes a
                                             designee to bar access to all animals                   DATES: The new percentage is effective                new cost factor. The cost factor that is
                                             other than seeing-eye dogs, which is                    December 23, 2015.                                    applicable to program participants is the
                                             inconsistent with both section 3103(a)                  FOR FURTHER INFORMATION CONTACT:                      cost factor most recently published in
                                             and section 109. We therefore revise our                Andrew Trevayne, Assistant Director for               the Notices section of the Federal
                                             regulation to be consistent with the                    Loan and Property Management,                         Register. See 38 CFR 36.4301.
                                             requirements in section 3103(a) and                     Department of Veterans Affairs, 810                       The published cost factor remained
                                             section 109. The collection associated                                                                        unchanged at 11.87 percent between
                                                                                                     Vermont Ave. NW., Washington, DC
                                             with this regulation revision only                                                                            1999 and 2012, as VA was concerned
                                                                                                     20420, (202) 632–8795 (not a toll-free
                                             applies to those service dogs that would
                                                                                                     number).                                              that a dramatic increase would have
                                             be staying on VA property with a
                                                                                                     SUPPLEMENTARY INFORMATION:       The VA               caused risk-averse lenders to
                                             Veteran for extended periods of time
                                                                                                     home loan guaranty program,                           significantly limit VA lending, impose
                                             while that Veteran is being treated in a
                                                                                                     authorized by 38 U.S.C. chapter 37,                   stricter credit overlays, or cease making
                                             residential treatment setting. This
                                                                                                     offers a partial guaranty against loss to             VA-guaranteed loans altogether. The net
                                             collection is not associated with the
                                                                                                     loan holders who are the holders of                   effect would have diminished the ability
                                             basic entry of a service dog generally on
                                                                                                     home loans to veterans. When a veteran                of veteran borrowers to use their VA
                                             VA property. This collection is also
                                                                                                     borrower defaults on a VA-guaranteed                  home loan guaranty benefit, and the no-
                                             associated with the entry of Animal
                                                                                                     loan, VA is obligated to pay a guaranty               downpayment option and foreclosure-
                                             Assisted Therapy and Animal Assisted
                                                                                                     claim to the loan holder. See 38 U.S.C.               avoidance protections associated with
                                             Activity animals on VA property, and
                                                                                                     3732. If the requirements of 38 U.S.C.                it.
                                             residential animals on VA residential
                                             units.                                                  3732(c) are satisfied, a foreclosing loan                 As market conditions improved, and
                                                Affected Public: Individuals or                      holder also has the option of conveying               in an effort to more closely reflect the
                                             Households.                                             a foreclosed property to VA.                          costs of real property disposition, VA
                                                Estimated Annual Burden: 125                         Requirements related to conveyance of                 began a measured approach to
                                             burden hours.                                           properties are found at 38 CFR 36.4322                increasing the cost factor in FY 2012, by
                                                Estimated Average Burden per                         through 36.4326. A key component in                   raising it to 14.95 percent.
                                             Respondent: 5 minutes.                                  the conveyance of a property to VA is                     VA is continuing its measured
                                                Frequency of Response: Annually.                     the net value of the property to the
                                                Estimated Number of Respondents:                                                                           approach to align its published cost
                                                                                                     Government. Net value is prescribed in                factor with property disposition costs.
                                             1,500.                                                  38 U.S.C. 3732(c) and further defined at              In order to more accurately reflect the
                                               By direction of the Secretary.                        38 CFR 36.4301.                                       costs of acquiring, managing, and
                                             Kathleen M. Manwell,                                       Essentially, net value is the fair                 reselling properties in the home loan
                                             VA Privacy Service, Office of Privacy and               market value of the property, minus the               guaranty program, VA is revising the net
                                             Records Management, Department of                       total costs the Secretary estimates would             value cost factor to 15.95 percent.
                                             Veterans Affairs.                                       be incurred by VA resulting from the                  Accordingly, the loan holder (or its
                                             [FR Doc. 2015–29694 Filed 11–20–15; 8:45 am]            acquisition and disposition of the                    authorized servicing agent) will use a
                                             BILLING CODE 8320–01–P                                  property for property operating                       15.95 percent cost factor to calculate the
                                                                                                     expenses, selling expenses, and                       subtraction from the fair market value to
                                                                                                     administrative cost. See 38 CFR                       arrive at the net value of the property
                                             DEPARTMENT OF VETERANS                                  36.4301. The costs of acquisition and                 under the provisions of 38 CFR
                                             AFFAIRS                                                 disposition are represented by a                      36.4322(c). This revised cost factor will
                                                                                                     percentage that VA computes annually.                 be used in net value calculations made
                                             Loan Guaranty: Net Value Percentage                     Id. VA refers to the computed                         by loan holders and servicers, beginning
                                             Update                                                  percentage as the cost factor. Id.                    on December 23, 2015.
                                             AGENCY:    Department of Veterans Affairs                  In computing the cost factor, VA
                                                                                                     determines the average operating                        Dated: November 18, 2015.
                                             (VA).
                                                                                                     expenses incurred for managing                        Jeffrey M. Martin,
                                             ACTION:   Notice.
                                                                                                     properties that were sold during the                  Program Manager, Regulation Policy and
                                             SUMMARY:  This notice provides                          preceding fiscal year, as well as the                 Management, Office of the General Counsel.
                                             information to lenders and mortgage                     average administrative cost to VA                     [FR Doc. 2015–29787 Filed 11–20–15; 8:45 am]
                                             holders in the U.S. Department of                       associated with the property                          BILLING CODE 8320–01–P
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Document Created: 2018-03-01 11:18:17
Document Modified: 2018-03-01 11:18:17
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWritten comments and recommendations on the proposed collection of information should be received on or before January 22, 2016.
ContactBrian McCarthy at (202) 461-6345.
FR Citation80 FR 73040 

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