81 FR 1512 - Automobile or Other Conveyance and Adaptive Equipment Certificate of Eligibility for Veterans or Members of the Armed Forces With Amyotrophic Lateral Sclerosis Connected to Military Service

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 8 (January 13, 2016)

Page Range		1512-1513
FR Document		2016-00490

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

Federal Register, Volume 81 Issue 8 (Wednesday, January 13, 2016)

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


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AP26


Automobile or Other Conveyance and Adaptive Equipment Certificate 
of Eligibility for Veterans or Members of the Armed Forces With 
Amyotrophic Lateral Sclerosis Connected to Military Service

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

DATES: Effective Date: This final rule is effective January 13, 2016.
    Applicability Date: The provisions of this regulatory amendment 
apply to all applications for a certificate of eligibility for an 
automobile or other conveyance and adaptive equipment allowance pending 
before VA on or received after February 25, 2015.

FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief, Regulations Staff 
(211D), Compensation Service, Veterans Benefits Administration, 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420, (202) 461-9700. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a document published in the Federal 
Register on February 25, 2015 (80 FR 10001), VA amended its regulation 
at 38 CFR 3.308 to provide a certificate of eligibility for financial 
assistance in the purchase of an automobile or other

[[Page 1513]]

conveyance and adaptive equipment for all veterans with service-
connected amyotrophic lateral sclerosis (ALS) and servicemembers 
serving on active duty with ALS.
    VA provided 60 days in which to comment on the amendments made by 
the Interim Final Rule, with the comment period ending April 27, 2015. 
We received three comments. Two of the commenters expressed support for 
this amendment. The third commenter discussed the initial evaluation 
rating and entitlement to special monthly compensation for veterans 
with service-connected ALS and servicemembers serving on active duty 
with ALS. Because those comments were not directed to the subject of 
this amendment, we make no changes based on those comments. Based on 
the rationale set forth in the interim final rule published in the 
Federal Register at 80 FR 10001 on February 25, 2015, VA is adopting 
the provisions of the interim final rule as a final rule without 
change.

Administrative Procedure Act

    Pursuant to 5 U.S.C. 553(b)(B) and (d)(3), we found that there was 
good cause to dispense with advance public notice and opportunity to 
comment on the interim final rule and good cause to publish that rule 
with an immediate effective date. The interim final rule was necessary 
to implement immediately the Secretary's decision to establish 
entitlement for a certificate of eligibility for automobile or other 
conveyance and adaptive equipment for all veterans with service-
connected ALS and members of the Armed Forces serving on active duty 
with ALS. Delay in the implementation of this rule would be 
impracticable and contrary to the public interest, particularly to 
veterans and members of the Armed Forces serving on active duty.
    Because the survival period for persons suffering from ALS is 
generally 18-48 months or less from the onset of symptoms, any delay in 
establishing entitlement for a certificate of eligibility for 
automobile or other conveyance and adaptive equipment eligibility would 
have been extremely detrimental to veterans and members of the Armed 
Forces serving on active duty who are currently afflicted with ALS. Any 
delay in implementation until after a public-comment period could have 
delayed modifying the regulated certificate of eligibility process, 
depriving ALS veterans and members of the Armed Forces serving on 
active duty with ALS of quick and efficient access to automobile or 
other conveyance and adaptive equipment benefits.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by the Office 
of Management and Budget (OMB), unless OMB waives such review, as ``any 
regulatory action that is likely to result in a rule that may: (1) Have 
an annual effect on the economy of $100 million or more or adversely 
affect in a material way the economy, a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities; (2) 
Create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency; (3) Materially alter the budgetary 
impact of entitlements, grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) Raise novel legal 
or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for VA 
Regulations Published From FY 2004 Through FYTD.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule will not affect any small entities. Only VA 
beneficiaries will be directly affected. Therefore, pursuant to 5 
U.S.C. 605(b), this final rule is exempt from the final regulatory 
flexibility analysis requirements of section 604.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any 1 year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are 64.100, Automobiles and 
Adaptive Equipment for Certain Disabled Veterans and Members of the 
Armed Forces and 64.109, Veterans Compensation for Service-Connected 
Disability.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Robert L. 
Nabors II, Chief of Staff, Department of Veterans Affairs, approved 
this document on January 7, 2016, for publication.
    Accordingly, the Department of Veterans Affairs adopts the interim 
rule published February 25, 2015 (80 FR 10001), as final without 
change.

List of Subjects in 38 CFR Part 3

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

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

1512 Federal Register / Vol. 81, No. 8 / Wednesday, January 13, 2016 / Rules and Regulations

SUMMARY: To update and clarify the Executive Order 12866; (2) is not a Issued in Washington, DC, on January 6,
Administrator’s rulemaking authority to ‘‘significant rule’’ under DOT 2016.
be consistent with other parts of its Regulatory Policies and Procedures (44 Lirio Liu,
regulations, the FAA is amending the FR 11034; February 26, 1979); and (3) Director, Office of Rulemaking.
authority citation for part 97. does not warrant preparation of a [FR Doc. 2016–00522 Filed 1–12–16; 8:45 am]
DATES: Effective 0901 UTC, January 13, Regulatory Evaluation as the anticipated BILLING CODE 4910–13–P
2016. impact is so minimal. Since this is a
ADDRESSES: For 14 CFR part 97 routine matter that only affects air traffic
rulemaking actions: All Standard procedures and air navigation, it is DEPARTMENT OF VETERANS
Instrument Approach Procedures certified that this rule, when AFFAIRS
(SIAPs) and Takeoff Minimums and promulgated, does not have a significant
Obstacle Departure Procedures (ODPs) economic impact on a substantial 38 CFR Part 3
are available online at https:// number of small entities under the RIN 2900–AP26
nfdc.faa.gov. Additionally, individual criteria of the Regulatory Flexibility Act.
SIAP and Takeoff Minimums and ODP Automobile or Other Conveyance and
The FAA’s authority to issue rules
copies may be obtained from the FAA Adaptive Equipment Certificate of
regarding aviation safety is found in
Air Traffic Organization Service Area in Eligibility for Veterans or Members of
Title 49 of the United States Code.
which the affected airport is located. For the Armed Forces With Amyotrophic
Subtitle I, Section 106 describes the
information on the availability of this Lateral Sclerosis Connected to Military
authority of the FAA Administrator.
information at the National Archives Service
and Records Administration (NARA), Subtitle VII, Aviation Programs,
call (202) 741–6030, or go to http:// describes in more detail the scope of the AGENCY: Department of Veterans Affairs.
www.archives.gov/federal_register/ agency’s authority. This rulemaking is ACTION: Final rule.
code_of_federal_regulations/ibr_ promulgated under the authority
locations.html. described in Subtitle VII, Part A, SUMMARY: The Department of Veterans
Subpart I, Section 40103, sovereignty Affairs (VA) published an Interim Final
FOR FURTHER INFORMATION CONTACT: and use of airspace and Subpart iii, Rule on February 25, 2015, to amend its
Robert Frenzel, Regulations Division, section 44701, general requirements. adjudication regulations to provide a
Office of the Chief Counsel, Federal Under these sections, the FAA is certificate of eligibility for financial
Aviation Administration, 800 charged with prescribing regulations to assistance in the purchase of an
Independence Avenue SW., regulate the safe and efficient use of the automobile or other conveyance and
Washington, DC 20591, telephone: (202) navigable airspace; to govern the flight, adaptive equipment for all veterans with
267–3073. service-connected amyotrophic lateral
navigation, protection, and
SUPPLEMENTARY INFORMATION: identification of aircraft for the sclerosis (ALS) and servicemembers
The Rule protection of persons and property on serving on active duty with ALS. The
the ground, and for the efficient use of amendment authorized automatic
This amendment to Title 14, Code of issuance of a certificate of eligibility for
Federal Regulations (14 CFR) part 97 the navigable airspace (49 U.S.C.
40103(b)), and to promote safe flight of financial assistance in the purchase of
amends the authority citation for part an automobile or other conveyance and
97; Standard Instrument Procedures, by civil aircraft in air commerce by
prescribing regulations and minimum adaptive equipment to all veterans with
adding an additional citation, 49 U.S.C. service-connected ALS and members of
106(f), at the beginning of the authority standards for other practices, methods,
and procedures necessary for safety in the Armed Forces serving on active duty
citation string. This action updates and with ALS. The intent of this final rule
clarifies the Administrator’s rulemaking air commerce and national security (49
U.S.C. 44701(a)(5)). This regulation is is to confirm the amendment made by
authority to be consistent with other the interim final rule without change.
parts of Title 14, Code of Federal within the scope of that authority as it
further describes the authority of the DATES: Effective Date: This final rule is
Regulations.
This is an administrative change FAA Administrator for part 97 effective January 13, 2016.
reflecting clarification of rulemaking rulemaking. Applicability Date: The provisions of
authority, therefore, notice and public this regulatory amendment apply to all
Lists of Subjects in 14 CFR Part 97 applications for a certificate of
procedure under 5 U.S.C. 553(b) is
unnecessary. Also, as provided in 5 eligibility for an automobile or other
Air traffic control, Airports, conveyance and adaptive equipment
U.S.C. 553(d), this rule is being Incorporation by reference, Navigation
published with an effective date of less allowance pending before VA on or
(air). received after February 25, 2015.
than 30 days in order to keep current
standard instrument approach Adoption of the Amendment FOR FURTHER INFORMATION CONTACT:
procedures (SIAPs) previously Stephanie Li, Chief, Regulations Staff
In consideration of the foregoing, the (211D), Compensation Service, Veterans
published in the Federal Register with
Federal Aviation Administration Benefits Administration, Department of
later effective dates, and other SIAPs
amends 14 CFR part 97 as follows: Veterans Affairs, 810 Vermont Avenue
soon to be published.
The FAA has determined that this NW., Washington, DC 20420, (202) 461–
PART 97—STANDARD INSTRUMENT
asabaliauskas on DSK5VPTVN1PROD with RULES

regulation only involves an established 9700. (This is not a toll-free number.)
PROCEDURES
body of technical regulations for which SUPPLEMENTARY INFORMATION: In a
frequent and routine amendments are document published in the Federal
necessary to keep them operationally ■ 1. The authority citation for part 97 is Register on February 25, 2015 (80 FR
current, is non-controversial and revised to read as follows: 10001), VA amended its regulation at 38
unlikely to result in adverse or negative Authority: 49 U.S.C. 106(f), 106(g), 40103, CFR 3.308 to provide a certificate of
comments. It, therefore, (1) is not a 40106, 40113, 40114, 40120, 44502, 44514, eligibility for financial assistance in the
‘‘significant regulatory action’’ under 44701, 44719, and 44721–44722. purchase of an automobile or other

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Document Created: 2016-01-13 01:01:06
Document Modified: 2016-01-13 01:01:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Contact		Stephanie Li, Chief, Regulations Staff (211D), Compensation Service, Veterans Benefits Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free number.)
FR Citation		81 FR 1512
RIN Number		2900-AP26