Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 42617 

§ 165.T05–0725 Safety Zone; Private 

Fireworks Show, Chesapeake Bay, Virginia 

Beach, VA. 

(a) Regulated Area. The following area 

is a safety zone: All navigable waters 

within 420 feet of position 36°55′17′′ N/ 

076°04′14′′ W (NAD 1983), in the 

vicinity of the Virginia Beach Resort & 

Conference Center, Virginia Beach, VA. 

(b) Definitions. As used in this 

section, Captain of the Port 

representative means any U.S. Coast 

Guard commissioned, warrant or petty 

officer who has been authorized by the 

Captain of the Port, Hampton Roads, 

Virginia to act on his behalf. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23 of 

this part, entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Hampton Roads or 

his designated representatives. 

(2) The operator of any vessel in the 

immediate vicinity of this safety zone 

shall: 

(i) Stop the vessel immediately upon 

being directed to do so by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(ii) Proceed as directed by any 

commissioned, warrant or petty officer 

on shore or on board a vessel that is 

displaying a U.S. Coast Guard Ensign. 

(3) The Captain of the Port, Hampton 

Roads and the Sector Duty Officer at 

Sector Hampton Roads in Portsmouth, 

Virginia can be contacted at telephone 

number 757–668–5555. 

(4) The Captain of the Port 

Representative enforcing the safety zone 

can be contacted on VHF–FM marine 

band radio, channel 13 (156.65 Mhz) 

and channel 16 (156.8 Mhz). 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the zone by Federal, 

State, and local agencies. 

(e) Enforcement Period. This rule is 

effective and will be enforced on 

September 26, 2009, from 9 p.m. to 9:30 

p.m. 

Dated: August 11, 2009. 

M.S. Ogle, 

Captain, U.S. Coast Guard, Captain of the 

Port Hampton. 

[FR Doc. E9–20245 Filed 8–21–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 3 

RIN 2900–AN32 

Stressor Determinations for 

Posttraumatic Stress Disorder 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

adjudication regulations governing 

service connection for posttraumatic 

stress disorder (PTSD) by liberalizing in 

some cases the evidentiary standard for 

establishing the required in-service 

stressor. This amendment would 

eliminate the requirement for 

corroborating that the claimed in-service 

stressor occurred if a stressor claimed by 

a veteran is related to the veteran’s fear 

of hostile military or terrorist activity 

and a VA psychiatrist or psychologist 

confirms that the claimed stressor is 

adequate to support a diagnosis of 

PTSD, provided that the claimed 

stressor is consistent with the places, 

types, and circumstances of the 

veteran’s service and that the veteran’s 

symptoms are related to the claimed 

stressor. 

This amendment takes into 

consideration the current scientific 

research studies relating PTSD to 

exposure to hostile military and terrorist 

actions. It is intended to acknowledge 

the inherently stressful nature of the 

places, types, and circumstances of 

service in which fear of hostile military 

or terrorist activities is ongoing. With 

this amendment, the evidentiary 

standard of establishing an in-service 

stressor would be reduced in these 

cases. This amendment is additionally 

intended to facilitate the timely VA 

processing of PTSD claims by 

simplifying the development and 

research procedures that apply to these 

claims. 

DATES: Comments must be received by 

VA on or before October 23, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

(This is not a toll free number). 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN32—Stressor Determinations for 

Posttraumatic Stress Disorder.’’ Copies 

of comments received will be available 

for public inspection in the Office of 

Regulation Policy and Management, 

Room 1063B, between the hours of 8 

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 http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Thomas J. Kniffen, Chief, Regulations 

Staff (211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–9725. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: The 

Secretary of Veterans Affairs has 

authority under 38 U.S.C. 501(a)(1) to 

prescribe regulations governing the 

nature and extent of proof and evidence 

required to establish entitlement to 

benefits. In addition, under 38 U.S.C. 

1154(a), the Secretary is required to 

‘‘include in the regulations pertaining to 

service-connection of disabilities’’ 

provisions requiring ‘‘due 

consideration’’ of the places, types, and 

circumstances of a veteran’s service. 

These statutes provide authority for this 

proposed amendment of PTSD 

regulations. 

Current regulations governing service 

connection of PTSD are provided at 38 

CFR 3.304(f). Under this provision, 

service connection for PTSD generally 

requires: (1) Medical evidence 

diagnosing PTSD; (2) medical evidence 

establishing a link between a veteran’s 

current symptoms and an in-service 

stressor; and (3) credible supporting 

evidence that the claimed in-service 

stressor occurred. 

In some cases, the requirement to 

establish the occurrence of the claimed 

in-service stressor can be met based on 

the veteran’s lay testimony alone, 

provided that there is an absence of 

clear and convincing evidence to the 

contrary and that the claimed stressor is 

consistent with the circumstances, 

conditions, or hardships of the veteran’s 

service. Such cases are those described 

under § 3.304(f)(1), when the evidence 

establishes a diagnosis of PTSD during 

service and the claimed stressor is 

related to that service; under 

§ 3.304(f)(2), when the evidence 

establishes that the veteran engaged in 

combat with the enemy and the claimed 

stressor is related to that combat; and 

under current § 3.304(f)(3), when the 

evidence establishes that the veteran 

was a prisoner-of-war and the claimed 


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42618 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 

stressor is related to that prisoner-of-war 

experience. Currently, in all other cases 

where service connection for PTSD is 

claimed, VA regulations require credible 

supporting evidence corroborating the 

occurrence of the claimed in-service 

stressor before service connection can 

be established. 

VA is proposing to amend § 3.304(f) 

by redesignating current paragraphs (3) 

and (4) as paragraphs (4) and (5) and 

adding a new paragraph (3), stating that, 

if a stressor claimed by a veteran is 

related to the veteran’s fear of hostile 

military or terrorist activity and a VA 

psychiatrist or psychologist, or a 

psychiatrist or psychologist with whom 

VA has contracted, confirms that the 

claimed stressor is adequate to support 

a diagnosis of PTSD and that the 

veteran’s symptoms are related to the 

claimed stressor, in the absence of clear 

and convincing evidence to the 

contrary, and provided the claimed 

stressor is consistent with the places, 

types, and circumstances of the 

veteran’s service, the veteran’s lay 

testimony alone may establish the 

occurrence of the claimed in-service 

stressor. VA proposes to limit the 

confirmation of a claimed stressor to an 

examination by a VA psychiatrist or 

psychologist, or a psychiatrist or 

psychologist with whom VA has 

contracted, to ensure standardization 

and consistency of mental health 

evaluations and reporting of these 

evaluations, which will be based upon 

uniform VA examination protocols. 

Under 38 CFR 4.125(a), all mental 

disorder diagnoses must conform to the 

American Psychiatric Association’s 

Diagnostic and Statistical Manual of 

Mental Disorders, Fourth Edition (1994) 

(DSM–IV). According to DSM–IV at 

427–428, the first diagnostic criterion 

for PTSD is: 

The person has been exposed to a 

traumatic event in which both of the 

following have been present: 

(1) The person experienced, witnessed, or 

was confronted with an event or events that 

involved actual or threatened death or 

serious injury, or a threat to the physical 

integrity of self or others; 

(2) The person’s response involved intense 

fear, helplessness, or horror. 

The evidentiary liberalization we 

propose in new § 3.304(f)(3) is 

consistent with DSM–IV criteria for a 

PTSD diagnosis, which include 

experiencing or confronting ‘‘a threat to 

the physical integrity of self or others’’ 

and ‘‘intense fear, helplessness, or 

horror’’ in response. 

Also consistent with DSM–IV, the 

proposed new § 3.304(f)(3) defines ‘‘fear 

of hostile military or terrorist activity’’ 

to mean that ‘‘a veteran experienced, 

witnessed, or was confronted with an 

event or circumstance that involved 

actual or threatened death or serious 

injury, or a threat to the physical 

integrity of the veteran or others, such 

as from an actual or potential 

improvised explosive device; vehicleimbedded explosive device; incoming 

artillery, rocket, or mortar fire; grenade; 

small arms fire, including suspected 

sniper fire; or attack upon friendly 

military aircraft, and the veteran’s 

response to the event or circumstance 

involved a psychological or psychophysiological state of fear, helplessness, 

or horror.’’ A claimed stressor must be 

consistent with the places, types, and 

circumstances of the veteran’s service. 

Additionally, the proposed regulation 

change is consistent with scientific 

studies related to PTSD and military 

troop deployment. In the recently 

published Gulf War and Health: Volume 

6, Physiologic, Psychologic, and 

Psychosocial Effects of DeploymentRelated Stress (2008), the National 

Academies’ Institute of Medicine (IOM) 

reviewed studies on PTSD in veterans 

who served in Vietnam, the Gulf War, 

Operation Enduring Freedom (OEF), 

and Operation Iraqi Freedom (OIF). The 

IOM review analyzed the long-term 

mental and physical health effects of 

‘‘deployment to a war zone.’’ The 

stressors associated with ‘‘deployment 

to a war zone’’ were not limited to 

combat because 

[A]s military conflicts have evolved to 

include more guerilla warfare and insurgent 

activities, restricting the definition of 

deployment-related stressors to combat may 

fail to acknowledge other potent stressors 

experienced by military personnel in a war 

zone or in the aftermath of combat. Those 

stressors include constant vigilance against 

unexpected attack, the absence of a defined 

front line, the difficulty of distinguishing 

enemy combatants from civilians, [and] the 

ubiquity of improvised explosive devices. 

* * * 

(Summary, p. 2) The IOM ‘‘considered 

that military personnel deployed to a 

war zone, even if direct combat was not 

experienced, have the potential for 

exposure to deployment-related 

stressors that might elicit a stress 

response.’’ (Introduction, p. 13) 

Based on these IOM findings, VA is 

proposing to reduce the burden of 

showing the occurrence of an in-service 

stressor if the claimed stressor is related 

to fear of hostile military or terrorist 

activity, and is consistent with the 

places, types, and circumstances of the 

veteran’s service. The proposed 

amendment is intended to reduce the 

time devoted to VA claims development 

and research of the claimed stressor that 

is required to adjudicate claims for 

service connection for PTSD. VA will 

instead rely on a veteran’s lay testimony 

alone to establish occurrence of a 

stressor related to fear of hostile military 

or terrorist activity, provided the 

claimed stressor is consistent with the 

places, types, and circumstances of the 

veteran’s service, if a VA mental health 

professional opines that the claimed 

stressor is adequate to support a 

diagnosis of PTSD and that the veteran’s 

symptoms are related to the claimed 

stressor. The proposed amendment 

would benefit all veterans and would 

not be limited to veterans serving during 

the current OEF and OIF. Improved 

timeliness, consistent decision-making, 

and equitable resolution of PTSD claims 

are the intended results of the revised 

regulation. 

Paperwork Reduction Act 

This document contains no new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521). The Office of 

Management and Budget has approved 

the collection of information provisions 

that are related to this proposed rule 

under OMB control number 2900–0001 

(VA Form 21–526, Veterans Application 

for Compensation and Pension) and 

under OMB control number 2900–0075 

(VA Form 21–4138, Statement in 

Support of Claim). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed 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 

proposed rule would not affect any 

small entities. Only VA beneficiaries 

could be directly affected. Therefore, 

pursuant to 5 U.S.C. 605(b), this 

proposed rule is exempt from the initial 

and final regulatory flexibility analysis 

requirements of sections 603 and 604. 

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 Office of Management and Budget 

(OMB), 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 


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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Proposed Rules 42619 

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 proposed rule have 

been examined, and it has been 

determined to be a significant regulatory 

action under the Executive Order 

because it is likely to result in a rule that 

will raise novel legal or policy issues 

arising out of legal mandates, the 

President’s priorities, or the principles 

set forth in the Executive Order. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

of 1995 requires, at 2 U.S.C. 1532, that 

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

year. This proposed rule would have no 

such effect on State, local, and Tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

Numbers and Titles 

The Catalog of Federal Domestic 

Assistance program numbers and titles 

for this rule are 64.109, Veterans 

Compensation for Service-Connected 

Disability and 64.110, Veterans 

Dependency and Indemnity 

Compensation for Service-Connected 

Death. 

List of Subjects in 38 CFR Part 3 

Administrative practice and 

procedure, Claims, Disability benefits, 

Health care, Pensions, Radioactive 

materials, Veterans, Vietnam. 

Approved: June 29, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

For the reasons set out in the 

preamble, VA proposes to amend 38 

CFR part 3 as follows: 

PART 3—ADJUDICATION 

Subpart A—Pension, Compensation, 

and Dependency and Indemnity 

Compensation 

1. The authority citation for part 3, 

subpart A continues to read as follows: 

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

otherwise noted. 

2. Amend § 3.304 as follows. 

a. Revise the introductory text of 

paragraph (f). 

b. Redesignate paragraphs (f)(3) and 

(4) as paragraphs (f)(4) and (5) 

respectively. 

c. Add new paragraph (f)(3). 

The revision and addition read as 

follows: 

§ 3.304 Direct service connection; wartime 

and peacetime. 

* * * * * 

(f) Posttraumatic stress disorder. 

Service connection for posttraumatic 

stress disorder requires medical 

evidence diagnosing the condition in 

accordance with § 4.125(a) of this 

chapter; a link, established by medical 

evidence, between current symptoms 

and an in-service stressor; and credible 

supporting evidence that the claimed inservice stressor occurred. The following 

provisions apply to claims for service 

connection of posttraumatic stress 

disorder diagnosed during service or 

based on the specified type of claimed 

stressor: 

* * * * * 

(3) If a stressor claimed by a veteran 

is related to the veteran’s fear of hostile 

military or terrorist activity and a VA 

psychiatrist or psychologist, or a 

psychiatrist or psychologist with whom 

VA has contracted, confirms that the 

claimed stressor is adequate to support 

a diagnosis of posttraumatic stress 

disorder and that the veteran’s 

symptoms are related to the claimed 

stressor, in the absence of clear and 

convincing evidence to the contrary, 

and provided the claimed stressor is 

consistent with the places, types, and 

circumstances of the veteran’s service, 

the veteran’s lay testimony alone may 

establish the occurrence of the claimed 

in-service stressor. For purposes of this 

paragraph, ‘‘fear of hostile military or 

terrorist activity’’ means that a veteran 

experienced, witnessed, or was 

confronted with an event or 

circumstance that involved actual or 

threatened death or serious injury, or a 

threat to the physical integrity of the 

veteran or others, such as from an actual 

or potential improvised explosive 

device; vehicle-imbedded explosive 

device; incoming artillery, rocket, or 

mortar fire; grenade; small arms fire, 

including suspected sniper fire; or 

attack upon friendly military aircraft, 

and the veteran’s response to the event 

or circumstance involved a 

psychological or psycho-physiological 

state of fear, helplessness, or horror. 

* * * * * 

[FR Doc. E9–20339 Filed 8–21–09; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 80 

[EPA–HQ–OAR–2008–0924; FRL–8948–1] 

RIN 2060–AP40 

Regulation of Fuels and Fuel 

Additives: Federal Volatility Control 

Program in the Denver-BoulderGreeley-Ft. Collins-Loveland, CO, 1997 

8-Hour Ozone Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: This action proposes to 

establish an applicable standard of 7.8 

pounds per square inch (psi) Reid vapor 

pressure (RVP) under the federal 

volatility control program in the DenverBoulder-Greeley-Ft. Collins-Loveland, 

Colorado, 1997 8-hour ozone 

nonattainment area during the high 

ozone season—June 1st to September 

15th of each year—beginning in 2010. 

This action would require the use of 7.8 

psi RVP gasoline in Adams, Arapahoe, 

Boulder, Broomfield, Denver, Douglas 

and Jefferson counties, and in portions 

of Larimer, and Weld counties. 

DATES: Comments. Comments must be 

received on or before September 23, 

2009, unless a public hearing is 

requested by September 14, 2009. 

Public Hearing. To request a public 

hearing, contact Sean Hillson at (734) 

214–4789 or hillson.sean@epa.gov. If a 

hearing is requested no later than 

September 14, 2009, a hearing will be 

held at a time and place to be published 

in the Federal Register. Persons wishing 

to testify at a public hearing must 

contact Sean Hillson at (734) 214–4789, 

and submit copies of their testimony to 

the docket and to Sean Hillson at the 

addresses below, no later than 10 days 

prior to the hearing. After any such 

hearing, the docket for this rulemaking 

will remain open for an additional 30 

days to receive comments. If a hearing 

is held, EPA will publish a notice in the 

Federal Register extending the 

comment period for 30 days after the 

hearing. 


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