81 FR 93649 - Special Monthly Compensation for Veterans With Traumatic Brain Injury

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 245 (December 21, 2016)

Page Range		93649-93653
FR Document		2016-30509
The Department of Veterans Affairs (VA) seeks to amend its adjudication regulations to add an additional benefit for veterans with residuals of traumatic brain injury (TBI). This benefit was enacted by the Veterans' Benefits Act of 2010 and provides special monthly compensation for veterans with TBI who are in need of aid and attendance and, in the absence of such aid and attendance, would require hospitalization, nursing home care, or other residential institutional care. Prior to the law's enactment, veterans with TBI were not eligible for this benefit unless they had a separate service- related disability that qualified under the law.
Federal Register, Volume 81 Issue 245 (Wednesday, December 21, 2016)
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)]
[Proposed Rules]
[Pages 93649-93653]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30509]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 3

RIN 2900-AP23


Special Monthly Compensation for Veterans With Traumatic Brain 
Injury

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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

SUMMARY: The Department of Veterans Affairs (VA) seeks to amend its 
adjudication regulations to add an additional benefit for veterans with 
residuals of traumatic brain injury (TBI). This benefit was enacted by 
the Veterans' Benefits Act of 2010 and provides special monthly 
compensation for veterans with TBI who are in need of aid and 
attendance and, in the absence of such aid and attendance, would 
require hospitalization, nursing home care, or other residential 
institutional care. Prior to the law's enactment, veterans with TBI 
were not eligible for this benefit unless they had a separate service-
related disability that qualified under the law.

DATES: Comments must be received on or before February 21, 2017.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (00REG), Department of Veterans Affairs, 810 
Vermont Avenue NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. Comments should indicate that they are submitted in response 
to ``RIN 2900-AP23--Special Monthly Compensation for Veterans with 
Traumatic Brain Injury.'' Copies of comments received will be available 
for public inspection in the Office of Regulation Policy and 
Management, Room 1068, between the hours of 8:00 a.m. and 4:30 p.m., 
Monday through Friday (except holidays). Please call (202) 461-4902 for 
an appointment. (This is not a toll-free number.) In addition, during 
the comment period, comments may be viewed online through the Federal 
Docket Management System (FDMS) at www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Eric G. Mandle, Policy Analyst, 
Regulations Staff (211D), Compensation Service, Department of Veterans 
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. 
(This is not a toll-free telephone number.)

SUPPLEMENTARY INFORMATION: On October 13, 2010, the Veterans' Benefits 
Act of 2010, Public Law 111-275 (the Act) was signed into law. Section 
601 of the Act amends 38 U.S.C. 1114, adding subsection (t) to include 
special monthly compensation (SMC) for veterans who as the result of 
service-connected disability, are in need of regular aid and attendance 
for the residuals of traumatic brain injury (TBI), and in the absence 
of such regular aid and attendance would require hospitalization, 
nursing home care, or other residential institutional care. The law 
grants an additional monetary allowance for veterans with residuals of 
TBI who require this higher level of care but would not otherwise 
qualify for the benefit under 38 U.S.C. 1114(r)(2). The amendment 
became effective October 1, 2011.
    VA administers SMC benefits under 38 CFR 3.350. Additionally, 38 
CFR

[[Page 93650]]

3.352 provides the criteria to determine the need for aid and 
attendance and whether a claimant is permanently bedridden; 38 CFR 
3.552 requires adjustments of allowance for aid and attendance when a 
beneficiary is hospitalized. Internal guidance has been published since 
April 4, 2011, instructing VA offices engaged in claims adjudication on 
how to implement the new SMC provision, but a formal update to VA's 
adjudication regulations has not yet been published.

I. VA Interpretation of Public Law 111-275

    Under this proposed rule, VA will directly implement 38 U.S.C. 
1114(t), which states that an additional award of SMC is payable to a 
veteran who, as the result of service-connected disability, is in need 
of regular aid and attendance for the residuals of traumatic brain 
injury, is not eligible for additional compensation under 38 U.S.C. 
1114(r)(2), and in the absence of such regular aid and attendance would 
require hospitalization, nursing home care, or other residential 
institutional care. VA would also make clear that a veteran entitled to 
this benefit shall be paid during periods he or she is not hospitalized 
at United States Government expense as if receiving the amount equal to 
the compensation authorized under 38 U.S.C. 1114(o) or the maximum rate 
authorized under 38 U.S.C. 1114(p) and, in addition to such 
compensation, a monthly allowance equal to the rate described in 38 
U.S.C. 1114(r)(2).
    VA believes that there are two potential readings of the Act. Under 
the first, more restrictive reading, a veteran affected by section 
1114(t) would receive only the rate noted under 38 U.S.C. 1114(r)(2), 
e.g., $2,983, in addition to any other rate of special monthly 
compensation the individual in question might happen to qualify for. 
Reading the Act in this way, however, would result in benefits that are 
less than the amount to which other veterans requiring the same level 
of care not related to TBI would be entitled. This is because the 
predicate rates built into section 1114(r), such as the rate authorized 
by subsection (o), the maximum rate authorized under subsection (p), or 
the intermediate rate authorized under subsections (n) and (o), will 
not typically be met for veterans suffering from TBI, rather than the 
other conditions enumerated in section 1114.
    Under the second, more liberal interpretation of section 1114(t), 
VA would pay veterans who meet the criteria of section 1114(t) the full 
amount described by section 1114(r) (i.e., the rate authorized by 
subsection (o), which is also the maximum rate authorized under 
subsection (p), in addition to the allowance authorized by subsection 
(r)). The statutory language, viewed together with its purpose and 
legislative history, can be interpreted as establishing that Congress 
intended that veterans receiving the aid and attendance allowance 
authorized by subsection (r)(2) necessarily also qualify for the 
predicate rates described in subsection (r).
    VA finds that Congress' intent was to enact a law that pays 
veterans of this class an amount equal to the compensation authorized 
under section 1114(o) or the maximum rate authorized under section 
1114(p), plus the additional amount described under section 1114(r)(2). 
VA chose the rates permitted under section 1114(o) and (p) because 
those are the highest rates permitted under section 1114 and therefore 
would be the most favorable rates for this group of veterans requiring 
this higher level of care.
    Textually, subsection (r) generally preconditions receipt of the 
heightened aid and attendance allowance under either subsection (r)(1) 
or (r)(2) on receipt of one of the predicate rates identified in 
subsection (r), which include the rates specified in (o) and (p). 
Additionally, subsection (r) makes clear that a veteran is receiving 
that heightened allowance ``in addition to'' the special monthly 
compensation otherwise described in subsection (r). VA has long 
interpreted subsection (r) as reflecting the assumption that a veteran 
is necessarily in receipt of one of the predicate rates described in 
the body of subsection (r) whenever a veteran is in receipt of the 
heightened aid and attendance allowance under either subsection (r)(1) 
or (r)(2). This interpretation is reflected in VA's current 
regulations. See 38 CFR 3.352(b)(1) (higher level of aid and attendance 
authorized by 38 CFR 3.350(h) requires that the veteran be ``entitled 
to the compensation authorized under [subsection (o),] or the maximum 
rate of compensation authorized under [subsection (p)].'').
    In support of this interpretation, VA notes that 38 U.S.C. 
1114(r)(2) provides additional compensation to those veterans with 
certain service-connected disabilities who are in need of a higher 
level of care. The legislative history for section 601 of Public Law 
111-275 indicates that subsection (t) is intended to provide additional 
compensation to veterans with TBI who do not have those qualifying 
service-connected disabilities and therefore are not otherwise eligible 
for benefits under (r)(2), but still require a higher level of care 
comparable to what would otherwise be contemplated by the allowance 
provided by (r)(2). See S. Rep. No. 111-71, at 17 (2009) (discussing 
the intent to provide the ting (r)(2) rate of compensation as evidence 
of Congress' intent to pay (t) aid and attendance at the rate commonly 
received by veterans entitled to (r)(2) payments. If Congress intended 
subsection (t) to confer a freestanding allowance, it is 
counterintuitive that Congress would link the allowance to (r)(2) 
rather than simply declaring that any veteran in need of regular aid 
and attendance for the residuals of TBI should receive a specified 
dollar amount. Instead, Congress chose to match the existing rate and 
aid and attendance requirements described under (r)(2). In so doing, 
Congress emphasized that the overall impairment and need for care are 
the same for those with TBI as they are for those with certain service-
connected disabilities who require a higher level of aid and 
attendance. S. Rep. 111-71 at *18.
    VA's interpretation of section 1114(t) would mean that the rate 
authorized by section 1114(o) and (p) is the ``other compensation under 
this section'' referenced in section 1114(t) for purposes of all cases 
under that section. We acknowledge that this interpretation imports a 
specfic meaning to the term ``other compensation'' that is not apparent 
on the face of that term. We find that this interpretation is warranted 
because interpreting the phrase ``other compensation under this 
section'' to refer only to other compensation for which the veteran 
independently qualifies would defeat the purpose of the legislation. 
The legislative history noted that 38 U.S.C. 1114(l) prescribes the 
basic monthy compensation amount for veterans in need of aid and 
attendance due to their service-connected disabilities and that section 
1114(r)(2) prescribes an ``additional'' monthly amount payable for 
veterans in need of a higher level of care. S. Rep. 111-71 at *17. 
Congress thus recognized that the needs of veterans who qualify for the 
(r)(2) rate are met by payment of both a basic monthly SMC rate, which 
generally would be provided under subsections (l) through (p) of 
section 1114 and the heightened aid and attendance payment under 
(r)(2). Congress determined that legislation was needed to extend 
similar benefits to veterans with TBI because the provisions of section 
1114 generally focus on physical disabilities and locomotion rather 
than cognitive or

[[Page 93651]]

psychological impairments associated with TBI. S. Rep. 111-71 at *17-
18.
    For the reasons stated in the legislative history, cognitive 
disability due to TBI generally would not qualify for the basic monthly 
SMC rates prescribed in section 1114(l)-(p). As a result, if the term 
``other compensation under this section,'' as used in section 1114(t) 
were construed to mean compensation for which the veteran otherwise 
qualifies without regard to section 1114(t), a substantial part of the 
benefits contemplated by (r)(2)--i.e., the basic monthly SMC rate--
would be unavailable in most cases covered by section 1114(t). Such an 
interpretation would defeat the statute's clear purpose in that it 
would, based on section 1114's focus on physical disability, provide 
veterans covered by section 1114(t) with a monthly benefit well below 
the amount Congress has determined necessary to provide for the needs 
of veterans requiring a heightened level of care under (r)(2). 
Accordingly, we believe section 1114(t) is most properly construed to 
permit payment of both the ``additional'' amount specified in (r)(2) 
and the predicate SMC rate specified in section 1114(o) and (p).
    VA finds the language of the amended statute to be ambiguous, but 
has determined that Congress intended to provide veterans in need of 
aid and attendance due to TBI residuals the same level of compensation 
as veterans entitled to the section 1114(r)(2) rate. See Chevron, 
U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837, 842-844 
(1984) (if Congress has not addressed ``the precise question at 
issue,'' a court should defer to an administering agency's construction 
of the statute so long as it is a ``permissible'' construction). VA 
believes its interpretation is the most logical one because it is 
unlikely that Congress would wish to bestow a lesser benefit on 
veterans with TBI than is applicable to veterans with certain service-
connected disabilities that might otherwise qualify for the (r)(2) 
allowance, while simultaneously emphasizing that veterans with TBI may 
be in a functionally similar situation. This interpretation is also the 
most advantageous to veterans with TBI who require a higher level of 
care.

II. Regulatory Amendment Mechanics

    This rulemaking proposes to amend Sec.  3.350 by adding paragraph 
(j), proposes to amend Sec.  3.352 by adding a new paragraph (b)(2) and 
revising the authority citation, and proposes to amend Sec.  3.552(b) 
by adding a reference to 38 U.S.C. 1114(t) to paragraph (b)(2) and 
revising the authority citation. Proposed paragraph (j) will set forth 
the general criteria prescribed by 38 U.S.C. 1114(t). Paragraph (j) 
would reference Sec.  3.352 to provide guidance on determining the need 
for aid and attendance. Paragraph (j)(1) would provide that a veteran 
shall be entitled to the amount equal to the compensation authorized 
under 38 U.S.C. 1114(o) or the maximum rate authorized under 38 U.S.C. 
1114(p) and, in addition to such compensation, a monthly allowance 
equal to the rate described in 38 U.S.C. 1114(r)(2) during periods he 
or she is not hospitalized at United States Government expense.
    In addition, to ensure consistency with current Sec.  3.350(h), VA 
proposes to reference revised Sec.  3.552(b)(2) under proposed Sec.  
3.350(j)(1). Section 3.552(b)(2) requires VA to discontinue the aid and 
attendance benefit following hospitalization at government expense. 
Proposed Sec.  3.350(j)(2) would note that an allowance under proposed 
paragraph (j) would be paid in lieu of any allowance authorized by 38 
U.S.C. 1114(r)(1).
    Section 3.352 governs the criteria for determining the need for aid 
and attendance and what is ``permanently bedridden'' for VA disability 
compensation purposes. VA proposes to amend Sec.  3.352 to regulate 
entitlement to a higher level of aid and attendance allowance for 
residuals of TBI. Specifically, we propose to redesignate paragraphs 
(b)(2) through (b)(5) of Sec.  3.352 as (b)(3) through (b)(6). 
Paragraph (b)(1)(iii) and newly redesignated paragraph (b)(4) of this 
section reference (b)(2). As such, those paragraphs would also be 
revised to reflect that (b)(2) would become (b)(3).
    This rulemaking also proposes to add a new paragraph (b)(2) to 
Sec.  3.352 stating that a veteran is entitled to the higher level of 
aid and attendance allowance for residuals of TBI, as authorized by 
Sec.  3.350(j), in lieu of the regular aid and attendance allowance. 
Entitlement would be found when the veteran meets the requirements for 
entitlement to the regular aid and attendance allowance in paragraph 
(a) of the section and when the veteran needs a higher level of care 
(as defined in redesignated paragraph (b)(3) of the section) than is 
required to establish entitlement to the regular aid and attendance 
allowance, and in the absence of the provision of such higher level of 
care would require hospitalization, nursing home care, or other 
residential institutional care.
    As previously discussed, VA has determined that Congress intended 
38 U.S.C. 1114(t) to provide total compensation equal to the total rate 
paid after factoring total compensation paid in (r)(2) cases, who also 
receive payment under subsections (o) or (p). VA therefore proposes to 
apply the same definition of a higher level of care when determining 
entitlement under proposed Sec.  3.350(j) as VA applies under Sec.  
3.350(h). Specifically, VA proposes to require that veterans entitled 
to SMC under section 1114(t) establish entitlement to the regular aid 
and attendance allowance in paragraph (a) of Sec.  3.352, as well as 
establish a requirement for a higher level of care, where, in the 
absence of the higher level of care, the veteran would require 
hospitalization, nursing home care, or other residential institutional 
care. These requirements mirror the current requirements for 
entitlement under Sec.  3.350(h) and Sec.  3.352(b). We would clarify 
in Sec.  3.352(b)(2)(i) and (ii) that the need for this higher level of 
aid and attendance must be as a result of service-connected residuals 
of traumatic brain injury. This requirement is consistent with the 
statutory language which requires that the veteran ``as a result of 
service-connected disability, is in need of regular aid and attendance 
for the residuals of [TBI].'' While the statutory language could be 
read to allow entitlement to section 1114(t) compensation to those 
veterans with any service-connected disability that also suffer from 
TBI residuals, VA believes that the phrase ``as a result of'' indicates 
Congress intended that the need for a higher level of aid and 
attendance for TBI residuals to be due to a service-connected 
disability. Further, the legislative history is clear that Congress 
intended section 1114(t) compensation to be provided to those veterans 
suffering from service-connected residuals of TBI. See Chevron, supra; 
see S. Rep. No. 111-71, at 17 (2009) (discussing that the committee 
bill ``would allow veterans suffering from severe TBIs to receive the 
highest level of aid and attendance benefits from VA''). We would also 
amend the authority citation for Sec.  3.352(b) to add section 1114(t).
    Lastly, VA proposes to amend 38 CFR 3.552(b)(2). Section 3.552 
regulates adjustments of allowance for aid and attendance. 
Specifically, paragraph (b)(2) states that ``[w]hen a veteran is 
hospitalized at the expense of the United States Government, the 
additional aid and attendance allowance authorized by 38 U.S.C. 
1114(r)(1) or (2) will be discontinued . . .''. To ensure consistency 
in its regulations, and to implement the conforming amendment of the 
Act, VA is amending that paragraph to include 38 U.S.C. 1114(t). This 
amendment is supported by the

[[Page 93652]]

plain language of the statute, which states ``[s]ubject to section 
5503(c) of this title.'' Section 5503(c) of title 38 United States Code 
governs hospitalization of veterans and states, in effect, the rule we 
propose to establish here. We would also amend the authority citation 
for Sec.  3.552(b). The current authority citation cites 38 U.S.C. 
5503(e); however, the Veterans Education and Benefits Expansion Act of 
2001, Public Law 107-103, 204(a), 115 Stat. 990, amended section 5503 
by redesignating section 5503(e) as section 5503(c). Therefore, we 
would revise the authority citation to reflect the accurate legal 
authority as 38 U.S.C. 5503(c).

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 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 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.''

Regulatory Flexibility Act

    The Secretary hereby certifies that this proposed rule would 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 proposed rule would directly affect only 
individuals and would not directly affect small entities. Therefore, 
pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the initial 
and final regulatory flexibility analysis requirements of sections 603 
and 604.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, requires 
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 one year. This proposed rule would have no such effect on State, 
local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This proposed 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 number and title for the 
program affected by this document is 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. Gina S. 
Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, 
approved this document on December 13, 2016, for publication.

    Dated: December 13, 2016.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management, 
Office of the Secretary, Department of Veterans Affairs.
    For the reasons stated in the preamble, the Department of Veterans 
Affairs proposes to amend 38 CFR part 3 as set forth below:

PART 3--ADJUDICATION

Subpart A--Pension, Compensation, and Dependency and Indemnity 
Compensation

0
1. The authority citation for part 3, subpart A continues to read as 
follows:

    Authority: 38 U.S.C. 501(a), unless otherwise noted.

0
2. Amend Sec.  3.350 to add paragraph (j) to read as follows:


Sec.  3.350  Special monthly compensation ratings.

* * * * *
    (j) Special aid and attendance benefit for residuals of traumatic 
brain injury (38 U.S.C. 1114(t)). The special monthly compensation 
provided by 38 U.S.C. 1114(t) is payable to a veteran who, as the 
result of service-connected disability, is in need of regular aid and 
attendance for the residuals of traumatic brain injury, is not eligible 
for compensation under 38 U.S.C. 1114(r)(2), and in the absence of such 
regular aid and attendance would require hospitalization, nursing home 
care, or other residential institutional care. Determination of this 
need is subject to the criteria of Sec.  3.352.
    (1) A veteran described in this paragraph (j) shall be entitled to 
the amount equal to the compensation authorized under 38 U.S.C. 1114(o) 
or the maximum rate authorized under 38 U.S.C. 1114(p) and, in addition 
to such compensation, a monthly allowance equal to the rate described 
in 38 U.S.C. 1114(r)(2) during periods he or she is not hospitalized at 
United States Government expense. (See Sec.  3.552(b)(2) as to 
continuance following admission for hospitalization.)
    (2) An allowance authorized under 38 U.S.C. 1114(t) shall be paid 
in lieu of any allowance authorized by 38 U.S.C. 1114(r)(1).


(Authority: 38 U.S.C. 501, 38 U.S.C. 1114(t))


0
3. Amend Sec.  3.352 by:
0
a. Redesignating paragraphs (b)(2) through (b)(5) as (b)(3) through 
(b)(6);
0
b. In paragraph (b)(1)(iii), removing the phrase ``paragraph (b)(2)'' 
and in its place adding the phrase ``paragraph (b)(3)'';
0
c. Adding new paragraph (b)(2);

[[Page 93653]]

0
d. In redesignated paragraph (b)(4), removing the phrase ``paragraph 
(b)(2)'' and in its place adding the phrase ``paragraph (b)(3)''; and
0
e. In the authority citation at the end of paragraph (b), adding 
``1114(t)''.
    The addition and revision reads as follows:


Sec.  3.352  Criteria for determining need for aid and attendance and 
``permanently bedridden.''

* * * * *
    (b)(1) * * *
    (2) A veteran is entitled to the higher level aid and attendance 
allowance authorized by Sec.  3.350(j) in lieu of the regular aid and 
attendance allowance when all of the following conditions are met:
    (i) As a result of service-connected residuals of traumatic brain 
injury, the veteran meets the requirements for entitlement to the 
regular aid and attendance allowance in paragraph (a) of this section.
    (ii) As a result of service-connected residuals of traumatic brain 
injury, the veteran needs a ``higher level of care'' (as defined in 
paragraph (b)(3) of this section) than is required to establish 
entitlement to the regular aid and attendance allowance, and in the 
absence of the provision of such higher level of care the veteran would 
require hospitalization, nursing home care, or other residential 
institutional care.
     * * *

(Authority: 38 U.S.C. 501, 1114(r)(2), 1114(t))

* * * * *
0
4. Amend Sec.  3.552(b) by:
0
a. In paragraph (b)(2), adding the phrase ``or 38 U.S.C. 1114(t)'' 
after the phrase ``authorized by 38 U.S.C. 1114(r)(1) or (2)''; and
0
b. At the end of paragraph (b), revising the authority citation.
    The revision read as follows:


Sec.  3.552  Adjustment of allowance for aid and attendance.

* * * * *

(Authority: 38 U.S.C. 5503(c))

* * * * *
[FR Doc. 2016-30509 Filed 12-20-16; 8:45 am]
BILLING CODE 8320-01-P
Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Proposed Rules 93649

TABLE 1 TO PARAGRAPH (g) OF THIS AD—LIFE-LIMITED LANDING GEAR PARTS—Continued
Part number Description Safe-life limits (landings)

19919–000–00 .................................. Pin leg hinge ................................................................................................ 90,000

(h) Replace Affected Parts (ANAC); or ANAC’s authorized Designee. If eligible for this benefit unless they had
The initial compliance for the replacement approved by the ANAC Designee, the a separate service-related disability that
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DATES: Comments must be received on
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with the Accomplishment Instructions of
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AD, or within 90 days after the effective date found in the AD docket on the Internet at and Management (00REG), Department
of this AD, whichever occurs later. http://www.regulations.gov by searching for
and locating Docket No. FAA–2016–9507.
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As of the effective date of this AD, no Faria Lima, 2170—Putim—12227–901 São AP23—Special Monthly Compensation
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(j) No Alternative Actions and Intervals Renton, WA. For information on the Monday through Friday (except
After accomplishing the revision required availability of this material at the FAA, call holidays). Please call (202) 461–4902 for
by paragraph (g) of this AD, no alternative 425–227–1221. an appointment. (This is not a toll-free
actions (e.g., inspections) or intervals may be Issued in Renton, Washington, on number.) In addition, during the
used unless the actions or intervals are December 6, 2016. comment period, comments may be
approved as an alternative method of
Dionne Palermo, viewed online through the Federal
compliance in accordance with the Docket Management System (FDMS) at
procedures specified in paragraph (k)(1) of Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service. www.Regulations.gov.
this AD.
[FR Doc. 2016–30030 Filed 12–20–16; 8:45 am]
FOR FURTHER INFORMATION CONTACT: Eric
(k) Other FAA AD Provisions G. Mandle, Policy Analyst, Regulations
BILLING CODE 4910–13–P
The following provisions also apply to this Staff (211D), Compensation Service,
AD: Department of Veterans Affairs, 810
(1) Alternative Methods of Compliance Vermont Avenue NW., Washington, DC
(AMOCs): The Manager, International DEPARTMENT OF VETERANS 20420, (202) 461–9700. (This is not a
Branch, ANM–116, Transport Airplane AFFAIRS toll-free telephone number.)
Directorate, FAA, has the authority to
38 CFR Part 3 SUPPLEMENTARY INFORMATION: On
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. October 13, 2010, the Veterans’ Benefits
RIN 2900–AP23 Act of 2010, Public Law 111–275 (the
In accordance with 14 CFR 39.19, send your
request to your principal inspector or local Act) was signed into law. Section 601 of
Special Monthly Compensation for
Flight Standards District Office, as the Act amends 38 U.S.C. 1114, adding
appropriate. If sending information directly
Veterans With Traumatic Brain Injury
subsection (t) to include special
to the International Branch ACO, send it to AGENCY: Department of Veterans Affairs. monthly compensation (SMC) for
ATTN: Todd Thompson, Aerospace veterans who as the result of service-
Engineer, International Branch, ANM–116,
ACTION: Proposed rule.
connected disability, are in need of
Transport Airplane Directorate, FAA, 1601
SUMMARY: The Department of Veterans regular aid and attendance for the
Lind Avenue SW., Renton, Washington
98057–3356; telephone (425) 227–1175; fax Affairs (VA) seeks to amend its residuals of traumatic brain injury (TBI),
(425) 227–1149. Information may be emailed adjudication regulations to add an and in the absence of such regular aid
to: 9-ANM-116-AMOC-REQUESTS@faa.gov. additional benefit for veterans with and attendance would require
Before using any approved AMOC, notify residuals of traumatic brain injury (TBI). hospitalization, nursing home care, or
your appropriate principal inspector, or This benefit was enacted by the other residential institutional care. The
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

lacking a principal inspector, the manager of Veterans’ Benefits Act of 2010 and law grants an additional monetary
the local flight standards district office/ provides special monthly compensation allowance for veterans with residuals of
certificate holding district office. for veterans with TBI who are in need TBI who require this higher level of care
(2) Contacting the Manufacturer: For any of aid and attendance and, in the
requirement in this AD to obtain corrective
but would not otherwise qualify for the
actions from a manufacturer, the action must
absence of such aid and attendance, benefit under 38 U.S.C. 1114(r)(2). The
be accomplished using a method approved would require hospitalization, nursing amendment became effective October 1,
by the Manager, International Branch, ANM– home care, or other residential 2011.
116, Transport Airplane Directorate, FAA; or institutional care. Prior to the law’s VA administers SMC benefits under
the Agência Nacional de Aviação Civil enactment, veterans with TBI were not 38 CFR 3.350. Additionally, 38 CFR

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3.352 provides the criteria to determine amount described by section 1114(r) otherwise eligible for benefits under
the need for aid and attendance and (i.e., the rate authorized by subsection (r)(2), but still require a higher level of
whether a claimant is permanently (o), which is also the maximum rate care comparable to what would
bedridden; 38 CFR 3.552 requires authorized under subsection (p), in otherwise be contemplated by the
adjustments of allowance for aid and addition to the allowance authorized by allowance provided by (r)(2). See S.
attendance when a beneficiary is subsection (r)). The statutory language, Rep. No. 111–71, at 17 (2009)
hospitalized. Internal guidance has been viewed together with its purpose and (discussing the intent to provide the ting
published since April 4, 2011, legislative history, can be interpreted as (r)(2) rate of compensation as evidence
instructing VA offices engaged in claims establishing that Congress intended that of Congress’ intent to pay (t) aid and
adjudication on how to implement the veterans receiving the aid and attendance at the rate commonly
new SMC provision, but a formal update attendance allowance authorized by received by veterans entitled to (r)(2)
to VA’s adjudication regulations has not subsection (r)(2) necessarily also qualify payments. If Congress intended
yet been published. for the predicate rates described in subsection (t) to confer a freestanding
subsection (r). allowance, it is counterintuitive that
I. VA Interpretation of Public Law 111– VA finds that Congress’ intent was to
275 Congress would link the allowance to
enact a law that pays veterans of this (r)(2) rather than simply declaring that
Under this proposed rule, VA will class an amount equal to the any veteran in need of regular aid and
directly implement 38 U.S.C. 1114(t), compensation authorized under section attendance for the residuals of TBI
which states that an additional award of 1114(o) or the maximum rate authorized should receive a specified dollar
SMC is payable to a veteran who, as the under section 1114(p), plus the amount. Instead, Congress chose to
result of service-connected disability, is additional amount described under match the existing rate and aid and
in need of regular aid and attendance for section 1114(r)(2). VA chose the rates attendance requirements described
the residuals of traumatic brain injury, permitted under section 1114(o) and (p) under (r)(2). In so doing, Congress
is not eligible for additional because those are the highest rates emphasized that the overall impairment
compensation under 38 U.S.C. permitted under section 1114 and and need for care are the same for those
1114(r)(2), and in the absence of such therefore would be the most favorable with TBI as they are for those with
regular aid and attendance would rates for this group of veterans requiring certain service-connected disabilities
require hospitalization, nursing home this higher level of care. who require a higher level of aid and
care, or other residential institutional Textually, subsection (r) generally attendance. S. Rep. 111–71 at *18.
care. VA would also make clear that a preconditions receipt of the heightened
veteran entitled to this benefit shall be aid and attendance allowance under VA’s interpretation of section 1114(t)
paid during periods he or she is not either subsection (r)(1) or (r)(2) on would mean that the rate authorized by
hospitalized at United States receipt of one of the predicate rates section 1114(o) and (p) is the ‘‘other
Government expense as if receiving the identified in subsection (r), which compensation under this section’’
amount equal to the compensation include the rates specified in (o) and (p). referenced in section 1114(t) for
authorized under 38 U.S.C. 1114(o) or Additionally, subsection (r) makes clear purposes of all cases under that section.
the maximum rate authorized under 38 that a veteran is receiving that We acknowledge that this interpretation
U.S.C. 1114(p) and, in addition to such heightened allowance ‘‘in addition to’’ imports a specfic meaning to the term
compensation, a monthly allowance the special monthly compensation ‘‘other compensation’’ that is not
equal to the rate described in 38 U.S.C. otherwise described in subsection (r). apparent on the face of that term. We
1114(r)(2). VA has long interpreted subsection (r) find that this interpretation is warranted
VA believes that there are two as reflecting the assumption that a because interpreting the phrase ‘‘other
potential readings of the Act. Under the veteran is necessarily in receipt of one compensation under this section’’ to
first, more restrictive reading, a veteran of the predicate rates described in the refer only to other compensation for
affected by section 1114(t) would body of subsection (r) whenever a which the veteran independently
receive only the rate noted under 38 veteran is in receipt of the heightened qualifies would defeat the purpose of
U.S.C. 1114(r)(2), e.g., $2,983, in aid and attendance allowance under the legislation. The legislative history
addition to any other rate of special either subsection (r)(1) or (r)(2). This noted that 38 U.S.C. 1114(l) prescribes
monthly compensation the individual in interpretation is reflected in VA’s the basic monthy compensation amount
question might happen to qualify for. current regulations. See 38 CFR for veterans in need of aid and
Reading the Act in this way, however, 3.352(b)(1) (higher level of aid and attendance due to their service-
would result in benefits that are less attendance authorized by 38 CFR connected disabilities and that section
than the amount to which other veterans 3.350(h) requires that the veteran be 1114(r)(2) prescribes an ‘‘additional’’
requiring the same level of care not ‘‘entitled to the compensation monthly amount payable for veterans in
related to TBI would be entitled. This is authorized under [subsection (o),] or the need of a higher level of care. S. Rep.
because the predicate rates built into maximum rate of compensation 111–71 at *17. Congress thus recognized
section 1114(r), such as the rate authorized under [subsection (p)].’’). that the needs of veterans who qualify
authorized by subsection (o), the In support of this interpretation, VA for the (r)(2) rate are met by payment of
maximum rate authorized under notes that 38 U.S.C. 1114(r)(2) provides both a basic monthly SMC rate, which
subsection (p), or the intermediate rate additional compensation to those generally would be provided under
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authorized under subsections (n) and veterans with certain service-connected subsections (l) through (p) of section
(o), will not typically be met for disabilities who are in need of a higher 1114 and the heightened aid and
veterans suffering from TBI, rather than level of care. The legislative history for attendance payment under (r)(2).
the other conditions enumerated in section 601 of Public Law 111–275 Congress determined that legislation
section 1114. indicates that subsection (t) is intended was needed to extend similar benefits to
Under the second, more liberal to provide additional compensation to veterans with TBI because the
interpretation of section 1114(t), VA veterans with TBI who do not have provisions of section 1114 generally
would pay veterans who meet the those qualifying service-connected focus on physical disabilities and
criteria of section 1114(t) the full disabilities and therefore are not locomotion rather than cognitive or

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psychological impairments associated Proposed paragraph (j) will set forth the paid in (r)(2) cases, who also receive
with TBI. S. Rep. 111–71 at *17–18. general criteria prescribed by 38 U.S.C. payment under subsections (o) or (p).
For the reasons stated in the 1114(t). Paragraph (j) would reference VA therefore proposes to apply the same
legislative history, cognitive disability § 3.352 to provide guidance on definition of a higher level of care when
due to TBI generally would not qualify determining the need for aid and determining entitlement under
for the basic monthly SMC rates attendance. Paragraph (j)(1) would proposed § 3.350(j) as VA applies under
prescribed in section 1114(l)–(p). As a provide that a veteran shall be entitled § 3.350(h). Specifically, VA proposes to
result, if the term ‘‘other compensation to the amount equal to the require that veterans entitled to SMC
under this section,’’ as used in section compensation authorized under 38 under section 1114(t) establish
1114(t) were construed to mean U.S.C. 1114(o) or the maximum rate entitlement to the regular aid and
compensation for which the veteran authorized under 38 U.S.C. 1114(p) and, attendance allowance in paragraph (a) of
otherwise qualifies without regard to in addition to such compensation, a § 3.352, as well as establish a
section 1114(t), a substantial part of the monthly allowance equal to the rate requirement for a higher level of care,
benefits contemplated by (r)(2)—i.e., the described in 38 U.S.C. 1114(r)(2) during where, in the absence of the higher level
basic monthly SMC rate—would be periods he or she is not hospitalized at of care, the veteran would require
unavailable in most cases covered by United States Government expense. hospitalization, nursing home care, or
section 1114(t). Such an interpretation In addition, to ensure consistency other residential institutional care.
would defeat the statute’s clear purpose with current § 3.350(h), VA proposes to These requirements mirror the current
in that it would, based on section 1114’s reference revised § 3.552(b)(2) under requirements for entitlement under
focus on physical disability, provide proposed § 3.350(j)(1). Section § 3.350(h) and § 3.352(b). We would
veterans covered by section 1114(t) with 3.552(b)(2) requires VA to discontinue clarify in § 3.352(b)(2)(i) and (ii) that the
a monthly benefit well below the the aid and attendance benefit following need for this higher level of aid and
amount Congress has determined hospitalization at government expense. attendance must be as a result of
necessary to provide for the needs of Proposed § 3.350(j)(2) would note that service-connected residuals of traumatic
veterans requiring a heightened level of an allowance under proposed paragraph brain injury. This requirement is
care under (r)(2). Accordingly, we (j) would be paid in lieu of any consistent with the statutory language
believe section 1114(t) is most properly allowance authorized by 38 U.S.C. which requires that the veteran ‘‘as a
construed to permit payment of both the 1114(r)(1). result of service-connected disability, is
‘‘additional’’ amount specified in (r)(2) Section 3.352 governs the criteria for in need of regular aid and attendance for
and the predicate SMC rate specified in determining the need for aid and the residuals of [TBI].’’ While the
section 1114(o) and (p). attendance and what is ‘‘permanently statutory language could be read to
VA finds the language of the amended bedridden’’ for VA disability allow entitlement to section 1114(t)
statute to be ambiguous, but has compensation purposes. VA proposes to
compensation to those veterans with
determined that Congress intended to amend § 3.352 to regulate entitlement to
any service-connected disability that
provide veterans in need of aid and a higher level of aid and attendance
also suffer from TBI residuals, VA
attendance due to TBI residuals the allowance for residuals of TBI.
believes that the phrase ‘‘as a result of’’
same level of compensation as veterans Specifically, we propose to redesignate
indicates Congress intended that the
entitled to the section 1114(r)(2) rate. paragraphs (b)(2) through (b)(5) of
need for a higher level of aid and
See Chevron, U.S.A., Inc. v. Natural Res. § 3.352 as (b)(3) through (b)(6).
attendance for TBI residuals to be due
Def. Council, Inc., 467 U.S. 837, 842– Paragraph (b)(1)(iii) and newly
to a service-connected disability.
844 (1984) (if Congress has not redesignated paragraph (b)(4) of this
Further, the legislative history is clear
addressed ‘‘the precise question at section reference (b)(2). As such, those
issue,’’ a court should defer to an paragraphs would also be revised to that Congress intended section 1114(t)
administering agency’s construction of reflect that (b)(2) would become (b)(3). compensation to be provided to those
the statute so long as it is a This rulemaking also proposes to add veterans suffering from service-
‘‘permissible’’ construction). VA a new paragraph (b)(2) to § 3.352 stating connected residuals of TBI. See
believes its interpretation is the most that a veteran is entitled to the higher Chevron, supra; see S. Rep. No. 111–71,
logical one because it is unlikely that level of aid and attendance allowance at 17 (2009) (discussing that the
Congress would wish to bestow a lesser for residuals of TBI, as authorized by committee bill ‘‘would allow veterans
benefit on veterans with TBI than is § 3.350(j), in lieu of the regular aid and suffering from severe TBIs to receive the
applicable to veterans with certain attendance allowance. Entitlement highest level of aid and attendance
service-connected disabilities that might would be found when the veteran meets benefits from VA’’). We would also
otherwise qualify for the (r)(2) the requirements for entitlement to the amend the authority citation for
allowance, while simultaneously regular aid and attendance allowance in § 3.352(b) to add section 1114(t).
emphasizing that veterans with TBI may paragraph (a) of the section and when Lastly, VA proposes to amend 38 CFR
be in a functionally similar situation. the veteran needs a higher level of care 3.552(b)(2). Section 3.552 regulates
This interpretation is also the most (as defined in redesignated paragraph adjustments of allowance for aid and
advantageous to veterans with TBI who (b)(3) of the section) than is required to attendance. Specifically, paragraph
require a higher level of care. establish entitlement to the regular aid (b)(2) states that ‘‘[w]hen a veteran is
and attendance allowance, and in the hospitalized at the expense of the
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II. Regulatory Amendment Mechanics absence of the provision of such higher United States Government, the
This rulemaking proposes to amend level of care would require additional aid and attendance allowance
§ 3.350 by adding paragraph (j), hospitalization, nursing home care, or authorized by 38 U.S.C. 1114(r)(1) or (2)
proposes to amend § 3.352 by adding a other residential institutional care. will be discontinued . . .’’. To ensure
new paragraph (b)(2) and revising the As previously discussed, VA has consistency in its regulations, and to
authority citation, and proposes to determined that Congress intended 38 implement the conforming amendment
amend § 3.552(b) by adding a reference U.S.C. 1114(t) to provide total of the Act, VA is amending that
to 38 U.S.C. 1114(t) to paragraph (b)(2) compensation equal to the total rate paragraph to include 38 U.S.C. 1114(t).
and revising the authority citation. paid after factoring total compensation This amendment is supported by the

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plain language of the statute, which within 48 hours after the rulemaking Dated: December 13, 2016.
states ‘‘[s]ubject to section 5503(c) of document is published. Additionally, a Jeffrey Martin,
this title.’’ Section 5503(c) of title 38 copy of this rulemaking and its impact Office Program Manager, Office of Regulation
United States Code governs analysis are available on VA’s Web site Policy & Management, Office of the Secretary,
hospitalization of veterans and states, in at http://www.va.gov/orpm/, by Department of Veterans Affairs.
effect, the rule we propose to establish following the link for ‘‘VA Regulations For the reasons stated in the
here. We would also amend the Published From FY 2004 Through Fiscal preamble, the Department of Veterans
authority citation for § 3.552(b). The Year to Date.’’ Affairs proposes to amend 38 CFR part
current authority citation cites 38 U.S.C. 3 as set forth below:
5503(e); however, the Veterans Regulatory Flexibility Act
Education and Benefits Expansion Act PART 3—ADJUDICATION
of 2001, Public Law 107–103, 204(a), The Secretary hereby certifies that
115 Stat. 990, amended section 5503 by this proposed rule would not have a Subpart A—Pension, Compensation,
redesignating section 5503(e) as section significant economic impact on a and Dependency and Indemnity
5503(c). Therefore, we would revise the substantial number of small entities as Compensation
authority citation to reflect the accurate they are defined in the Regulatory
■ 1. The authority citation for part 3,
legal authority as 38 U.S.C. 5503(c). Flexibility Act (5 U.S.C. 601–612). This
subpart A continues to read as follows:
proposed rule would directly affect only
Executive Orders 12866 and 13563 Authority: 38 U.S.C. 501(a), unless
individuals and would not directly
Executive Orders 12866 and 13563 affect small entities. Therefore, pursuant otherwise noted.
direct agencies to assess the costs and to 5 U.S.C. 605(b), this rulemaking is ■ 2. Amend § 3.350 to add paragraph (j)
benefits of available regulatory exempt from the initial and final to read as follows:
alternatives and, when regulation is regulatory flexibility analysis
necessary, to select regulatory § 3.350 Special monthly compensation
requirements of sections 603 and 604. ratings.
approaches that maximize net benefits
(including potential economic, Unfunded Mandates * * * * *
environmental, public health and safety (j) Special aid and attendance benefit
effects, and other advantages; The Unfunded Mandates Reform Act for residuals of traumatic brain injury
distributive impacts; and equity). of 1995, 2 U.S.C. 1532, requires that (38 U.S.C. 1114(t)). The special monthly
Executive Order 13563 (Improving agencies prepare an assessment of compensation provided by 38 U.S.C.
Regulation and Regulatory Review) anticipated costs and benefits before 1114(t) is payable to a veteran who, as
emphasizes the importance of issuing any rule that may result in the the result of service-connected
quantifying both costs and benefits, expenditure by State, local, and tribal disability, is in need of regular aid and
reducing costs, harmonizing rules, and governments, in the aggregate, or by the attendance for the residuals of traumatic
promoting flexibility. Executive Order private sector, of $100 million or more brain injury, is not eligible for
12866 (Regulatory Planning and (adjusted annually for inflation) in any compensation under 38 U.S.C.
Review) defines a ‘‘significant one year. This proposed rule would 1114(r)(2), and in the absence of such
regulatory action’’ requiring review by have no such effect on State, local, and regular aid and attendance would
the Office of Management and Budget tribal governments, or on the private require hospitalization, nursing home
(OMB), unless OMB waives such sector. care, or other residential institutional
review, as ‘‘any regulatory action that is care. Determination of this need is
likely to result in a rule that may: (1) Paperwork Reduction Act subject to the criteria of § 3.352.
Have an annual effect on the economy (1) A veteran described in this
of $100 million or more or adversely This proposed rule contains no paragraph (j) shall be entitled to the
affect in a material way the economy, a provisions constituting a collection of amount equal to the compensation
sector of the economy, productivity, information under the Paperwork authorized under 38 U.S.C. 1114(o) or
competition, jobs, the environment, Reduction Act of 1995 (44 U.S.C. 3501– the maximum rate authorized under 38
public health or safety, or State, local, 3521). U.S.C. 1114(p) and, in addition to such
or tribal governments or communities; compensation, a monthly allowance
Catalog of Federal Domestic Assistance
(2) Create a serious inconsistency or equal to the rate described in 38 U.S.C.
otherwise interfere with an action taken The Catalog of Federal Domestic 1114(r)(2) during periods he or she is
or planned by another agency; (3) Assistance number and title for the not hospitalized at United States
Materially alter the budgetary impact of program affected by this document is Government expense. (See § 3.552(b)(2)
entitlements, grants, user fees, or loan 64.109, Veterans Compensation for as to continuance following admission
programs or the rights and obligations of Service-Connected Disability. for hospitalization.)
recipients thereof; or (4) Raise novel (2) An allowance authorized under 38
legal or policy issues arising out of legal Signing Authority U.S.C. 1114(t) shall be paid in lieu of
mandates, the President’s priorities, or any allowance authorized by 38 U.S.C.
the principles set forth in this Executive The Secretary of Veterans Affairs, or 1114(r)(1).
Order.’’ designee, approved this document and
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The economic, interagency, authorized the undersigned to sign and (Authority: 38 U.S.C. 501, 38 U.S.C. 1114(t))
budgetary, legal, and policy submit the document to the Office of the ■ 3. Amend § 3.352 by:
implications of this regulatory action Federal Register for publication ■ a. Redesignating paragraphs (b)(2)
have been examined, and it has been electronically as an official document of through (b)(5) as (b)(3) through (b)(6);
determined not to be a significant the Department of Veterans Affairs. Gina ■ b. In paragraph (b)(1)(iii), removing
regulatory action under Executive Order S. Farrisee, Deputy Chief of Staff, the phrase ‘‘paragraph (b)(2)’’ and in its
12866. VA’s impact analysis can be Department of Veterans Affairs, place adding the phrase ‘‘paragraph
found as a supporting document at approved this document on December (b)(3)’’;
http://www.regulations.gov, usually 13, 2016, for publication. ■ c. Adding new paragraph (b)(2);

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■ d. In redesignated paragraph (b)(4), ENVIRONMENTAL PROTECTION For the full EPA public comment policy,
removing the phrase ‘‘paragraph (b)(2)’’ AGENCY information about CBI or multimedia
and in its place adding the phrase submissions, and general guidance on
‘‘paragraph (b)(3)’’; and 40 CFR Part 52 making effective comments, please visit
■ e. In the authority citation at the end [EPA–R09–OAR–2016–0669; FRL–9956–67– http://www2.epa.gov/dockets/
Region 9] commenting-epa-dockets.
of paragraph (b), adding ‘‘1114(t)’’.
FOR FURTHER INFORMATION CONTACT:
The addition and revision reads as Determination of Attainment of the Nancy Levin, EPA Region IX, (415) 972–
follows: 2008 Ozone National Ambient Air 3848, levin.nancy@epa.gov.
Quality Standards; Mariposa County,
§ 3.352 Criteria for determining need for SUPPLEMENTARY INFORMATION:
California
aid and attendance and ‘‘permanently Throughout this document, whenever
bedridden.’’ AGENCY: The Environmental Protection ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, we mean
* * * * * Agency (EPA). the EPA. In the Rules and Regulations
ACTION: Proposed rule. section of this Federal Register, we are
(b)(1) * * * making a determination that the
(2) A veteran is entitled to the higher SUMMARY: The Environmental Protection Mariposa County, California Moderate
level aid and attendance allowance Agency (EPA) is proposing to determine NAA has attained the 2008 8-hour
authorized by § 3.350(j) in lieu of the that the Mariposa County, California ozone NAAQS as a direct final rule
regular aid and attendance allowance Moderate Nonattainment Area (NAA) without prior proposal because the
when all of the following conditions are has attained the 2008 8-hour ozone Agency views this action as
met: National Ambient Air Quality Standards noncontroversial and anticipates no
(NAAQS or ‘‘standards’’). This proposed adverse comments. A detailed rationale
(i) As a result of service-connected determination is based on complete,
residuals of traumatic brain injury, the for this determination of attainment is
quality-assured and certified data for set forth in the direct final rule. If we
veteran meets the requirements for 2013–2015. Preliminary data for 2016 receive adverse comments, however, we
entitlement to the regular aid and are consistent with continued will publish a timely withdrawal of the
attendance allowance in paragraph (a) of attainment of the standards in the direct final rule and address the
this section. Mariposa County NAA. If the comments in subsequent action based
(ii) As a result of service-connected determination is finalized as proposed, on this proposed rule. We do not plan
residuals of traumatic brain injury, the any unfulfilled obligations to submit to open a second comment period, so
veteran needs a ‘‘higher level of care’’ revisions to the state implementation anyone interested in commenting
(as defined in paragraph (b)(3) of this plan (SIP) related to attainment of the should do so at this time. If we do not
2008 ozone standards for the Mariposa receive adverse comments, no further
section) than is required to establish
County NAA will be suspended for as activity is planned. For further
entitlement to the regular aid and long as the area continues to meet those
attendance allowance, and in the information, please see the direct final
standards. rule, which is located in the Rules and
absence of the provision of such higher
DATES: Any comments must arrive by Regulations section of this Federal
level of care the veteran would require January 20, 2017.
hospitalization, nursing home care, or Register.
ADDRESSES: Submit your comments,
other residential institutional care. Dated: December 2, 2016.
identified by Docket ID No. EPA–R09–
* * * OAR–2016–0669 at http:// Deborah Jordan,
www.regulations.gov, or via email to Acting Regional Administrator, Region IX.
(Authority: 38 U.S.C. 501, 1114(r)(2), 1114(t))
levin.nancy@epa.gov. For comments [FR Doc. 2016–30474 Filed 12–20–16; 8:45 am]
* * * * *
submitted at Regulations.gov, follow the BILLING CODE 6560–50–P
■ 4. Amend § 3.552(b) by: online instructions for submitting
■ a. In paragraph (b)(2), adding the comments. Once submitted, comments
phrase ‘‘or 38 U.S.C. 1114(t)’’ after the cannot be edited or removed from
phrase ‘‘authorized by 38 U.S.C. Regulations.gov. For either manner of LEGAL SERVICES CORPORATION
1114(r)(1) or (2)’’; and submission, the EPA may publish any
comment received to its public docket. 45 CFR Parts 1600, 1630, and 1631
■ b. At the end of paragraph (b), revising
Do not submit electronically any Definitions; Cost Standards and
the authority citation. information you consider to be Procedures; Purchasing and Property
The revision read as follows: Confidential Business Information (CBI) Management
or other information whose disclosure is
§ 3.552 Adjustment of allowance for aid restricted by statute. Multimedia AGENCY:Legal Services Corporation.
and attendance. submissions (audio, video, etc.) must be Proposed rule; Extension of
ACTION:
* * * * * accompanied by a written comment. comment period.
(Authority: 38 U.S.C. 5503(c)) The written comment is considered the
official comment and should include SUMMARY: The Legal Services
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS

* * * * *
[FR Doc. 2016–30509 Filed 12–20–16; 8:45 am]
discussion of all points you wish to Corporation (‘‘LSC’’) issued a proposed
make. The EPA will generally not rule in the Federal Register of October
BILLING CODE 8320–01–P
consider comments or comment 28, 2016 [FR Doc. 2016–25831],
contents located outside of the primary concerning proposed amendments to its
submission (i.e., on the Web, cloud or regulations governing definitions, cost
other file sharing system). For standards and procedures, and
additional submission methods, please purchasing and property management.
contact the person identified in the FOR This notice extends the comment period
FURTHER INFORMATION CONTACT section. for 30 days to January 26, 2017.

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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		Proposed Rules
Action		Proposed rule.
Dates		Comments must be received on or before February 21, 2017.
Contact		Eric G. Mandle, Policy Analyst, Regulations Staff (211D), Compensation Service, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-9700. (This is not a toll-free telephone number.)
FR Citation		81 FR 93649
RIN Number		2900-AP23