[Federal Register Volume 76, Number 51 (Wednesday, March 16, 2011)]
[Rules and Regulations]
[Pages 14282-14284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5951]



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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 76

RIN 2900-AN43


U.S. Paralympics Monthly Assistance Allowance

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This document establishes Department of Veterans Affairs (VA) 
regulations regarding the payment of a monthly assistance allowance to 
veterans training to make the United States Paralympics team, as 
authorized by section 703 of the Veterans' Benefits Improvement Act of 
2008. The rule requires submission of an application to establish 
eligibility for the allowance and certification by the United States 
Paralympics. VA will pay the allowance to a veteran with a service-
connected or nonservice-connected disability if the veteran is 
competing for a slot on or selected for the United States Paralympics 
team or is residing at a United States Paralympics training center.

DATES: Effective Date: This final rule is effective April 15, 2011. The 
Director of the Office of the Federal Register approved the 
incorporation by reference of certain publications listed in this rule 
as of April 15, 2011.

FOR FURTHER INFORMATION CONTACT: Matt Bristol, Office of National 
Veterans Sports Programs and Special Events (002C), Department of 
Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420; (202) 
461-7447. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: On September 3, 2010, VA published a 
proposed rule in the Federal Register (75 FR 54069). We proposed to add 
a new 38 CFR part 76 to implement a monthly assistance allowance for 
certain disabled veterans who participate in programs or events 
sanctioned by the United States Paralympics (USP) or who reside at a 
USP training center. Congress authorized this allowance in 38 U.S.C. 
322. As explained in the proposed rule, under section 322, VA may 
provide an allowance to a disabled veteran who is: (1) Invited by the 
USP to compete for a slot on, or selected for, the USP team, for any 
month or part of any month in which the veteran is training or 
competing in any event sponsored by the USP or the International 
Paralympic Committee (IPC); or (2) residing at a USP training center in 
connection with any paralympic training or competition. We proposed to 
define the term ``disability'' for the purposes of part 76 to mean ``a 
service-connected or nonservice-connected disability, which meets the 
criteria prescribed by the IPC Classification Code and International 
Standards, November 2007 edition, available at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2002_2_Classification_Code6.pdf, and qualifies the veteran for 
participation in a sport sanctioned by the [USP].'' We proposed to 
incorporate by reference the IPC's code and standards. We explained 
that this document would be made available to the public via a VA-
controlled source for purposes of the final rule, and that the 
definition might be changed accordingly. The document is now found at 
http://www4.va.gov/about_va/va_notices.asp. The Director of the 
Office of the Federal Register has approved the incorporation by 
reference and we have modified Sec.  76.1 accordingly.
    We also explained in the preamble to the proposed rule that we plan 
to make payments in full first to veterans with service-connected 
disabilities, and to allow retroactive payment for paralympic training, 
competition, or residence that occurred on or after October 1, 2009, if 
an application and appropriate certification are submitted to VA within 
1 year of the effective date of this final rule. Further, we proposed 
to base the amount of the allowance payable to individuals on the rate 
paid as a subsistence allowance for a full-time institutional program 
under chapter 31 of title 38, United States Code, (See 38 U.S.C. 
3108(b)), and to pay an individual for each day of qualified training, 
competition, or residence at 1/30 of the monthly rate, or on a monthly 
basis for a continuous month of qualified training, competition, or 
residence.
    Interested persons were invited to submit written comments on the 
proposed rule on or before October 4, 2010. We received one comment 
from an individual. This commenter asserted that VA should not proceed 
with the rulemaking because it would cause negative effects. The 
commenter expressed concern that the rule will cause veterans to ignore 
real priorities, such as raising families, paying bills, and being good 
citizens. In addition, this commenter suggested that veterans are not 
deterred from competing due to financial limitations, but are instead 
simply setting their own priorities when deciding not to compete. The 
commenter would prefer that VA ``urge veterans to seek mentors to hone 
their * * * priorities to achieve more for themselves and their 
families'' instead of providing financial support. We do not agree with 
the commenter that the monthly assistance allowance will cause veterans 
to ignore other priorities, whether financial or otherwise. We are not 
aware of any evidence indicating that participation in paralympic 
sports causes veterans or other paralympic athletes to become poor 
citizens, and the commenter does not supply any such evidence. Rather 
than causing veterans to shirk responsibilities, we believe the monthly 
assistance allowance will provide sufficient funding to allow veterans 
to participate in paralympic training or competition while continuing 
to attend to their responsibilities. We also believe that participation 
in paralympic training or competition allows for adoption of an active, 
healthy lifestyle, and accordingly enhances veterans' rehabilitation 
following injury or disease.
    To the extent the commenter objects to the payment of money to 
veterans for this purpose, we note that Congress has already authorized 
this benefit under 38 U.S.C. 322(d). To the extent the commenter 
believes mentorship programs are a more effective way to help veterans, 
we note that such programs would not be inconsistent with this rule. 
Therefore, we decline to withdraw or modify the rule based on this 
comment.

Unfunded Mandates

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

Paperwork Reduction Act

    OMB assigns a control number for each collection of information it 
approves. Except for emergency approvals under 44 U.S.C. 3507(j), VA 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number.
    This document contains two provisions constituting a collection of 
information at 38 CFR 76.3(a) and (b) under the Paperwork Reduction Act 
(44 U.S.C. 3501-3521). In addition, we correct a clerical error in 
estimating the total annual reporting burden. In the proposed rule, we 
estimated a burden of

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2,000 reporting hours for each collection of information. The correct 
reporting hours burden is 33 for each collection of information, not 
2,000, which is the number of minutes. The Office of Management and 
Budget (OMB) has approved the information collection requirements for 
Sec.  76.3(a) and (b) and has assigned OMB control number 2900-0760.

Executive Order 12866

    Executive Order 12866 directs agencies to assess all 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, 
and other advantages; distributive impacts; and equity). The Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the 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 the 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.

Regulatory Flexibility Act

    The Secretary of Veterans Affairs 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 would primarily 
affect only individuals and would impose only a minor certification 
requirement upon the United States Paralympics. Therefore, this 
amendment is exempt pursuant to 5 U.S.C. 605(b) from the initial and 
final regulatory flexibility analysis requirements of sections 603 and 
604.

Catalog of Federal Domestic Assistance

    This final rule will not affect VA programs listed in the Catalog 
of Federal Domestic Assistance.

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. John R. 
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this 
document on March 9, 2011, for publication.

List of Subjects in 38 CFR Part 76

    Certification, Day care, Disabled, Eligibility, Incorporation by 
reference, Individuals with disabilities, Monthly assistance allowance, 
Over payment, Oversight, Physically challenged athletes, Service-
connected disabilities, Sport event, Travel and transportation 
expenses, U.S. Paralympics training center, Veterans.

    Dated: March 10, 2011.
Robert C. McFetridge,
Director, Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.
    For the reasons set forth in the preamble of this final rule and of 
the notice of proposed rulemaking, VA amends 38 CFR chapter I to add a 
new part 76 to read as follows:

PART 76--MONTHLY ASSISTANCE ALLOWANCE FOR VETERANS IN CONNECTION 
WITH THE UNITED STATES PARALYMPICS

Sec.
76.1 Definitions.
76.2 Assistance allowance.
76.3 Application and certification.
76.4 Amount of allowance.

    Authority: 38 U.S.C. 501, 322(d), and as stated in specific 
sections.

Sec.  76.1  Definitions.

    For purposes of part 76, the following definitions apply:
    Disability means a service-connected or nonservice-connected 
disability which meets the criteria prescribed by the International 
Paralympic Committee (IPC) Classification Code and International 
Standards, November 2007 edition, available at http://www.paralympic.org/export/sites/default/IPC/IPC_Handbook/Section_2/2008_2_Classification_Code6.pdf, and qualifies the veteran for 
participation in a sport sanctioned by the United States Paralympics. 
The IPC standards are incorporated by reference into this section with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. To enforce any edition other than that 
specified in this section, VA must publish notice of change in the 
Federal Register and the material must be available to the public.
    (1) You may obtain a copy from the International Paralympic 
Committee at International Paralympic Committee, Adenauerallee 212-214, 
53113 Bonn, Germany.
    (2) All approved material is available for inspection at the 
Department of Veterans Affairs, Office of Regulation Policy and 
Management (02REG), Room 1063B, 810 Vermont Avenue, NW., Washington, DC 
20420, or at the National Archives and Records Administration (NARA). 
For information on the availability of approved materials at NARA, call 
(202) 741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. The IPC standards 
are also available here: http://www.va.gov/ABOUT_VA/docs/ParalympicClassificationCode.pdf.

(Authority: 38 U.S.C. 322(d))


    Paralympic Training Center refers to the following locations: The 
United States Olympic Training Center at Chula Vista, California; the 
United States Olympic Training Center at Colorado Springs, Colorado; 
the United States Olympic Training Center at Lake Placid, New York; the 
Lakeshore Foundation in Birmingham, Alabama; and the University of 
Central Oklahoma in Edmond, Oklahoma.

(Authority: 38 U.S.C. 322(d))

Sec.  76.2  Assistance allowance.

    (a) VA will pay an allowance to a veteran with a disability who is:
    (1) Invited by the United States Paralympics (USP) to compete for a 
slot on, or selected for, the USP Team for any month or part of any 
month in which the veteran is training or competing in any event 
sponsored by the USP or the IPC; or
    (2) Residing at a USP training center in connection with any 
paralympic training or competition for the period certified under Sec.  
76.3.
    (b) In providing this allowance, VA will periodically assess 
funding for the allowance. If a periodic assessment reveals that 
funding is insufficient to pay all applicants, VA will first pay in 
full veterans with service-connected disabilities, and then pay others 
in full in the order in which their completed applications are 
received.

(Authority: 38 U.S.C. 322(d))


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Sec.  76.3  Application and certification.

    To receive an allowance--
    (a) A veteran must submit a complete application identifying any 
dependents upon which a higher payable rate of allowance may be based; 
and
    (b) USP must provide certification of the veteran's participation 
in training or competition sponsored by the USP or the IPC, or 
residence at a USP training center, for the period for which payment is 
requested. The certification must specify whether the payment is due 
for training, competition, or residence, and the dates of the training, 
competition, or residence for which payment is due.
    (The Office of Management and Budget has approved the information 
collection provisions in this section under control number 2900-0760.

(Authority: 38 U.S.C. 322(d))

Sec.  76.4  Amount of allowance.

    The following rules govern the amount of allowance payable to 
veterans under this section.
    (a) Payment will be made at the rate paid for a full-time 
institutional program under chapter 31 of title 38, United States Code 
(Chapter 31) that is in effect for a period of certified participation, 
as prescribed by paragraph (b) of this section. (See 38 CFR 21.260.)
    (b) Payment may be made for each day at 1/30 of the monthly rate to 
veterans who train or compete in USP or IPC sponsored events for each 
day of training or competition, or to veterans who reside at a USP 
training center, for each day of residence, or on a monthly basis at 
the monthly rate to veterans who train or compete continuously for a 
full month, or to veterans who reside at a USP training center for a 
full month.
    (c) VA will pay the allowance at a rate paid to a veteran with 
dependents for a full-time Chapter 31 institutional program upon 
receipt of appropriate documentation that a veteran who qualifies for 
the allowance has dependents. (See 38 CFR 21.260.)

(Authority: 38 U.S.C. 322(d), 3108)


[FR Doc. 2011-5951 Filed 3-15-11; 8:45 am]
BILLING CODE 8320-01-P