72572 Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 

4See the first sentence of appendix 1 to subpart 

P of part 404 of 20 CFR. 

changes to the Mental Disorders listings. 

We received comments from 2,243 

public commenters. We are drafting a 

final rule for the listings in this body 

system that responds to the significant 

suggestions and concerns raised by the 

commenters. Many of the claims for 

disability that we receive involve 

mental disorders, and a large number of 

people would be affected by any 

changes we make to the Mental 

Disorders listings. We are carefully 

considering the changes necessary to 

update these listings before we publish 

a final rule. Therefore, we are extending 

the current expiration date for the 

Mental Disorders body system listings. 

Regulatory Procedures 

Justification for Final Rule 

We follow the Administrative 

Procedure Act (APA) rulemaking 

procedures specified in 5 U.S.C. 553 in 

promulgating regulations. Section 

702(a)(5) of the Social Security Act, 42 

U.S.C. 902(a)(5). Generally, the APA 

requires that an agency provide prior 

notice and opportunity for public 

comment before issuing a final 

regulation. The APA provides 

exceptions to the notice-and-comment 

requirements when an agency finds 

there is good cause for dispensing with 

such procedures because they are 

impracticable, unnecessary, or contrary 

to the public interest. 

We determined that good cause exists 

for dispensing with the notice and 

public comment procedures. 5 U.S.C. 

553(b)(B). This final rule only extends 

the date on which the mental disorders 

body system listings will no longer be 

effective. It makes no substantive 

changes to our rules. Our current 

regulations 4 provide that we may 

extend, revise, or promulgate the body 

system listings again. Therefore, we 

have determined that opportunity for 

prior comment is unnecessary, and we 

are issuing this regulation as a final rule. 

In addition, for the reasons cited 

above, we find good cause for 

dispensing with the 30-day delay in the 

effective date of this final rule. 5 U.S.C. 

553(d)(3). We are not making any 

substantive changes to the listings in 

this body system. Without an extension 

of the expiration date for these listings, 

we will not have the criteria we need to 

assess medical impairments in the 

mental disorder body system at step 

three of the sequential evaluation 

processes. We therefore find it is in the 

public interest to make this final rule 

effective on the publication date. 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the requirements for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. Therefore, OMB did not 

review it. We also determined that this 

final rule meets the plain language 

requirement of Executive Order 12866. 

Regulatory Flexibility Act 

We certify that this final rule does not 

have a significant economic impact on 

a substantial number of small entities 

because it affects only individuals. 

Therefore, a regulatory flexibility 

analysis is not required under the 

Regulatory Flexibility Act, as amended. 

Paperwork Reduction Act 

This rule does not create any new or 

affect any existing collections, and 

therefore does not require OMB 

approval under the Paperwork 

Reduction Act. 

(Catalog of Federal Domestic Assistance 

Program Nos. 96.001, Social SecurityDisability Insurance; 96.002, Social SecurityRetirement Insurance; 96.004, Social 

Security-Survivors Insurance; 96.006, 

Supplemental Security Income) 

List of Subjects in 20 CFR Part 404 

Administrative practice and 

procedure, Blind, Disability benefits, 

Old-Age, Survivors and Disability 

Insurance, Reporting and recordkeeping 

requirements, Social Security. 

Dated: November 22, 2013. 

Carolyn W. Colvin, 

Acting Commissioner of Social Security. 

For the reasons set out in the 

preamble, we are amending appendix 1 

to subpart P of part 404 of chapter III of 

title 20 of the Code of Federal 

Regulations as set forth below. 

PART 404—FEDERAL OLD-AGE, 

SURVIVORS AND DISABILITY 

INSURANCE (1950–) 

Subpart P—[Amended] 

■ 1. The authority citation for subpart P 

of part 404 continues to read as follows: 

Authority: Secs. 202, 205(a)–(b) and (d)– 

(h), 216(i), 221(a), (i), and (j), 222(c), 223, 

225, and 702(a)(5) of the Social Security Act 

(42 U.S.C. 402, 405(a)–(b) and (d)–(h), 416(i), 

421(a), (i), and (j), 422(c), 423, 425, and 

902(a)(5)); sec. 211(b), Pub. L. 104–193, 110 

Stat. 2105, 2189; sec. 202, Pub. L. 108–203, 

118 Stat. 509 (42 U.S.C. 902 note). 

■ 2. Amend appendix 1 to subpart P of 

part 404 by revising item 13 of the 

introductory text before Part A to read 

as follows: 

Appendix 1 to Subpart P of Part 404— 

Listing of Impairments 

* * * * * 

13. Mental Disorders (12.00 and 112.00): 

January 2, 2015. 

* * * * * 

[FR Doc. 2013–28836 Filed 12–2–13; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 158 

[Docket ID: DOD–2009–OS–0029] 

RIN 0790–AI48 

Operational Contract Support 

AGENCY: Department of Defense (DoD). 

ACTION: Final rule. 

SUMMARY: This rule establishes policy, 

assigns responsibilities, and provides 

procedures for operational contract 

support (OCS), including OCS program 

management, contract support 

integration, and integration of defense 

contractor personnel into contingency 

operations outside the United States. 

This rule was published as an interim 

final rule on December 29, 2011, to 

procedurally close gaps and ensure the 

correct planning, oversight and 

management of DoD contractors 

supporting contingency operations, by 

updating the existing outdated policy. 

The then existing policies were causing 

significant confusion, as they did not 

reflect current practices and legislative 

mandates. The inconsistencies between 

local Geographic Command guidance 

and the DoD-wide policies and the 

Defense Federal Acquisition Regulations 

Supplement were confusing for those in 

the field—in particular, with regard to 

policy on accountability and visibility 

requirements. 

DATES: This rule is effective January 2, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Shanna Poole, Director, Operational 

Contract Support Policy, Office of the 

Deputy Assistance Secretary of Defense 

(Program Support), (703) 692–3032. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

I. Purpose and Authority of the 

Regulatory Action 

a. Purpose: This rule incorporates the 

latest changes and lessons learned into 

policy and procedures for OCS, 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 232 / Tuesday, December 3, 2013 / Rules and Regulations 72573 

including OCS program management, 

contract support integration, and the 

integration of DoD contractor personnel 

into contingency operations outside the 

United States. It was required to 

procedurally close gaps and ensure the 

correct planning, oversight and 

management of DoD contractors 

supporting contingency operations, by 

updating outdated policy. 

b. Authority: Public Law 110–181; 

Public Law 110–417. 

II. Summary of the Major Provisions of 

the Regulatory Action 

The revised policies include: 

(1) Incorporation of lessons learned 

from current operations; 

(2) requirements for the development 

of contractor oversight plans; 

(3) requirements for adequate military 

personnel necessary to execute contract 

oversight; and, 

(4) standards of medical care for 

deployed contractors. 

III. Cost and Benefits 

This rule establishes policies and 

procedures for the oversight and 

management of contractors supporting 

contingency operations outside the 

United States; therefore, there is no cost 

to the public. Updated and refined 

policy regarding contractors supporting 

contingency operations will result in 

improved management, oversight and 

efficiency. 

Public Comments 

On December 29, 2011 (76 FR 81807), 

the Department published an interim 

final rule and public comments were 

solicited. At the end of the comment 

period, we received comments from two 

respondents. Neither comment 

questioned the content of the rule. One 

commented in part that ‘‘I am happy 

that your rules would treat contractors 

with the same respect as other military 

personnel who are serving in our 

country’s military’’ and the other stated 

‘‘I agree that this is a necessary rule 

especially facing our country’s current 

war status.’’ Based on these comments, 

no changes were necessary to the rule 

itself. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

It has been certified that 32 CFR part 

158 does not: 

(1) Have an annual effect on the 

economy of $100 million or more or 

adversely affect in a material way the 

economy; a section 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 these Executive Orders. 

Section 202, Pub. L. 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

It has been certified that 32 CFR part 

158 does not contain a Federal mandate 

that may result in expenditure by State, 

local and tribal governments, in 

aggregate, or by the private sector, of 

$100 million or more in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

It has been certified that 32 CFR part 

158 is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601) because it 

would not, if promulgated, have a 

significant economic impact on a 

substantial number of small entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been certified that 32 CFR part 

158 does impose reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act of 1995. 

These reporting requirements have been 

approved by OMB under OMB Control 

Number 0704–0460, Synchronized 

Predeployment and Operational Tracker 

(SPOT) System. 

Executive Order 13132, ‘‘Federalism’’ 

It has been certified that 32 CFR part 

158 does not have federalism 

implications, as set forth in Executive 

Order 13132. This rule does not have 

substantial direct effects on: 

(1) The States; 

(2) The relationship between the 

National Government and the States; or 

(3) The distribution of power and 

responsibilities among the various 

levels of Government. 

List of Subjects in 32 CFR Part 158 

Armed forces, Government contracts, 

Health and safety, Military personnel, 

National defense, Passports and visas, 

Recordkeeping, Security measures. 

For reasons discussed in the 

preamble, the Department of Defense 

adopts the interim final rule which was 

published December 29, 2011 (76 FR 

81807), as final without change. 

Dated: November 18, 2013. 

Aaron Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2013–28867 Filed 12–2–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AO84 

Specially Adapted Housing Eligibility 

for Amyotrophic Lateral Sclerosis 

Beneficiaries 

AGENCY: Department of Veterans Affairs. 

ACTION: Interim final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its 

adjudication regulation regarding 

specially adapted housing (SAH). The 

amendment authorizes automatic 

issuance of a certificate of eligibility for 

SAH to all veterans and active 

servicemembers with service-connected 

amyotrophic lateral sclerosis (ALS) 

rated totally disabling under the VA 

Schedule for Rating Disabilities. The 

intent and effect of this amendment are 

to establish eligibility for SAH for all 

persons who have service-connected 

ALS. VA previously amended its 

Schedule for Rating Disabilities to 

assign a 100-percent disability 

evaluation for any veteran who has 

service-connected ALS based on the 

recognition that ALS is a rapidly 

progressive, totally debilitating, and 

irreversible motor neuron disease that 

results in muscle weakness leading to a 

wide range of serious disabilities, 

including problems with mobility. 

Because individuals with ALS quickly 

reach a level of total disability, the 

change was designed to eliminate the 

need to repeatedly reevaluate veterans 

suffering from ALS over a short period 

of time as symptoms worsen. 

Based on that same rationale, this 

amendment addresses the 

corresponding eligibility for SAH 

benefits for veterans and 

servicemembers with service-connected 

ALS. The overall SAH grant approval 

and oversight process is complex and 

lengthy, with many parts beyond VA’s 

control. This rulemaking streamlines 

one aspect of the process within VA’s 

control, by establishing SAH eligibility 

for all veterans or servicemembers with 

service-connected, totally disabling 

ALS. By shortening the first stage of the 

SAH process, this regulatory change 

will assist veterans and servicemembers 

suffering from ALS in adapting their 


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