Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9975 

Friday, except Federal holidays. The 

Docket Office (telephone 1–800–647– 

5527), is on the ground floor of the 

building at the above address. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76193–0530; telephone: (817) 

321–7716. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested parties are invited to 

participate in this proposed rulemaking 

by submitting such written data, views, 

or arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both 

docket numbers and be submitted in 

triplicate to the address listed above. 

Commenters wishing the FAA to 

acknowledge receipt of their comments 

on this notice must submit with those 

comments a self-addressed, stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2009–0115/Airspace 

Docket No. 09–AGL–3.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http:// 

www.faa.gov/airports_airtraffic/ 

air_traffic/publications/ 

airspace_amendments/. 

Additionally, any person may obtain 

a copy of this notice by submitting a 

request to the Federal Aviation 

Administration (FAA), Office of Air 

Traffic Airspace Management, ATA– 

400, 800 Independence Avenue, SW., 

Washington, DC 20591, or by calling 

(202) 267–8783. Communications must 

identify both docket numbers for this 

notice. Persons interested in being 

placed on a mailing list for future 

NPRMs should contact the FAA’s Office 

of Rulemaking (202) 267–9677, to 

request a copy of Advisory Circular No. 

11–2A, Notice of Proposed Rulemaking 

Distribution System, which describes 

the application procedure. 

The Proposal 

This action proposes to amend Title 

14, Code of Federal Regulations (14 

CFR), Part 71 by adding additional Class 

E airspace for SIAPs operations at 

Mount Sterling Municipal Airport, 

Mount Sterling, IL. The area would be 

depicted on appropriate aeronautical 

charts. 

Class E airspace areas are published 

in Paragraph 6005 of FAA Order 

7400.9S, dated October 3, 2008, and 

effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document would be 

published subsequently in the Order. 

The FAA has determined that this 

proposed regulation only involves an 

established body of technical 

regulations for which frequent and 

routine amendments are necessary to 

keep them operationally current. It, 

therefore, (1) is not a ‘‘significant 

regulatory action’’ under Executive 

Order 12866; (2) is not a ‘‘significant 

rule’’ under DOT Regulatory Policies 

and Procedures (44 FR 11034; February 

26, 1979); and (3) does not warrant 

preparation of a Regulatory Evaluation 

as the anticipated impact is so minimal. 

Since this is a routine matter that will 

only affect air traffic procedures and air 

navigation, it is certified that this rule, 

when promulgated, will not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. The FAA’s authority to 

issue rules regarding aviation safety is 

found in Title 49 of the U.S. Code. 

Subtitle 1, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it would add 

additional controlled airspace at Mount 

Sterling Municipal Airport, Mount 

Sterling, IL. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR Part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; 

AIRWAYS; ROUTES; AND REPORTING 

POINTS 

1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(g); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

2. The incorporation by reference in 

14 CFR 71.1 of Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

dated October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AGL IL E5 Mount Sterling, IL [Amended] 

Mount Sterling Municipal Airport, IL 

(Lat. 39°59′07′′ N., long. 90°48′15′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.6-mile 

radius of Mount Sterling Municipal Airport. 

* * * * * 

Issued in Fort Worth, TX, on February 23, 

2009. 

Anthony D. Roetzel, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. E9–4937 Filed 3–9–09; 8:45 am] 

BILLING CODE 4901–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 21 

RIN 2900–AM84 

Vocational Rehabilitation and 

Employment Program—Periods of 

Eligibility 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

amend regulations of the Department of 

Veterans Affairs (VA) concerning 

periods of eligibility applicable to VA’s 

provision of Vocational Rehabilitation 

and Employment benefits and services. 

The proposed amendments are intended 

to reflect changes in law, to reflect VA’s 

interpretation of statutory requirements, 

to make clarifying changes, and to make 

other changes that are nonsubstantive. 

DATES: Comments must be received on 

or before May 8, 2009. 

ADDRESSES: Written comments may be 

submitted through http:// 


sroberts on PROD1PC70 with PROPOSALS
9976 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 

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

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

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– 

AM84—Vocational Rehabilitation and 

Employment Program—Periods of 

Eligibility.’’ 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. 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: 

Alvin Bauman, Senior Policy Analyst, 

Vocational Rehabilitation and 

Employment Service (28), Department 

of Veterans Affairs, Veterans Benefits 

Administration, 810 Vermont Ave., 

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

9613. 

SUPPLEMENTARY INFORMATION: We 

propose to amend VA’s regulations in 

38 CFR Part 21, Subpart A—Vocational 

Rehabilitation Under 38 U.S.C. Chapter 

31. These amendments concern periods 

of eligibility applicable to VA’s 

provision of Vocational Rehabilitation 

and Employment (VR&E) benefits and 

services. 

Specifically, we propose to restate 

and interpret the provisions of 38 U.S.C. 

3102 and 3103 in 38 CFR 21.41 by 

defining the term ‘‘basic period of 

eligibility,’’ clarifying its significance, 

identifying the provisions for deferring 

or extending the basic period of 

eligibility, and stating that a 

servicemember’s basic period of 

eligibility does not begin before his or 

her discharge or release from active 

military, naval, or air service. 

We propose to revise § 21.42 to make 

clarifying changes in its provisions. 

These include specifying who is 

authorized to determine that the 

veteran’s participation in a vocational 

rehabilitation program is reasonably 

feasible, after the basic period of 

eligibility had been delayed or 

interrupted due to any medical 

condition(s) of the veteran. It would also 

specify that the basic period of 

eligibility would begin or resume on the 

date of written notice to the veteran of 

that determination. 

We propose to revise § 21.44. 

Pursuant to 38 U.S.C. 3103(c)(3), we 

would add provisions in a new 

paragraph (b) to more clearly state the 

length of time that an extension of the 

basic period of eligibility for a veteran 

with a serious employment handicap 

may be granted. Proposed § 21.44 also 

would specify who is authorized to 

extend the basic period of eligibility for 

the reasons described in this section and 

would make other clarifying changes. 

We propose to revise and restructure 

§ 21.45 to conform this section to 

statutory requirements and more clearly 

state the length of extension of the basic 

period of eligibility for a veteran in a 

program of independent living services. 

We propose to add a new § 21.46 to 

reflect and interpret an amendment to 

38 U.S.C. 3103 by section 103(c)(2) of 

Public Law 107–103 for a veteran who 

VA determines ‘‘was prevented from 

participating’’ in a vocational 

rehabilitation program under chapter 31 

of title 38, United States Code, because 

they are recalled to active duty. The 

section would reflect our interpretation 

that ‘‘prevented from participating’’ 

includes those who are prevented from 

commencing or continuing in a program 

of vocational rehabilitation. This section 

would also describe— 

• The reasons for recall that allow VA 

to extend the period of eligibility; and 

• The length of extension of the 

period of eligibility, which under 38 

U.S.C. 3103(e) is the length of time the 

veteran served on active duty plus 4 

months. 

Finally, we propose to rewrite these 

sections in reader-focused plain English 

and make other nonsubstantive changes 

in their provisions. 

Paperwork Reduction Act of 1995 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

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. 

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 regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB) 

unless OMB waives such review, if it is 

a 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 proposed rule have 

been examined and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

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 not affect any 

small entities. Only individuals would 

be 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. 

Catalog of Federal Domestic Assistance 

The program that this rule would 

affect has the following Catalog of 

Federal Domestic Assistance number 

and title: 64.116, Vocational 

Rehabilitation for Disabled Veterans. 

List of Subjects in 38 CFR Part 21 

Administrative practice and 

procedure, Armed forces, Civil rights, 

Claims, Colleges and universities, 

Conflict of interests, Education, 

Employment, Grant programs— 

education, Grant programs—veterans, 

Health care, Loan programs—education, 

Loan programs—veterans, Manpower 

training programs, Reporting and 

recordkeeping requirements, Schools, 


sroberts on PROD1PC70 with PROPOSALS
Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 9977 

Travel and transportation expenses, 

Veterans, Vocational education, 

Vocational rehabilitation. 

Approved: February 24, 2009. 

John R. Gingrich, 

Chief of Staff. 

For the reasons set forth in the 

preamble, VA proposes to amend 38 

CFR part 21 (subpart A) as follows: 

PART 21—VOCATIONAL 

REHABILITATION AND EDUCATION 

Subpart A—Vocational Rehabilitation 

and Employment Under 38 U.S.C. 

Chapter 31 

1. Revise the authority citation for 

part 21, subpart A to read as follows: 

Authority: 38 U.S.C. 501(a), chs. 18, 31, 

and as noted in specific sections. 

2. Revise the subpart A heading as set 

forth above. 

3. Revise §§ 21.41, 21.42, 21.44, and 

21.45 to read as follows: 

§ 21.41 Basic period of eligibility. 

(a) Time limit for eligibility to receive 

vocational rehabilitation. (1) For 

purposes of §§ 21.41 through 21.46, the 

term basic period of eligibility means 

the 12-year period beginning on the date 

of a veteran’s discharge or release from 

his or her last period of active military, 

naval, or air service, and ending on the 

date that is 12 years from the veteran’s 

discharge or release date, but the 

beginning date may be deferred or the 

ending date extended under the sections 

referred to in paragraph (b) of this 

section. (See §§ 21.70 through 21.79 

concerning duration of rehabilitation 

programs.) 

(2) Except as provided in paragraph 

(b) or (c) of this section, the period 

during which an individual may receive 

a program of vocational rehabilitation 

benefits and services under 38 U.S.C. 

chapter 31 is limited to his or her basic 

period of eligibility. 

(b) Deferral and extension of the basic 

period of eligibility. VA may defer the 

beginning date of a veteran’s basic 

period of eligibility under § 21.42. VA 

may extend the ending date of a 

veteran’s basic period of eligibility 

under § 21.42 (extension due to medical 

condition); § 21.44 (extension for a 

veteran with a serious employment 

handicap), § 21.45 (extension during a 

program of independent living services 

and assistance), and § 21.46 (extension 

for a veteran recalled to active duty). 

Authority: 38 U.S.C. 3103. 

(c) Servicemember entitled to 

vocational rehabilitation services and 

assistance before discharge. The basic 

period of eligibility for a servicemember 

who is entitled to vocational 

rehabilitation services and assistance 

under 38 U.S.C. chapter 31 for a period 

before discharge does not run while the 

servicemember remains on active duty, 

but begins on the date of discharge from 

the active military, naval, or air service. 

The period of eligibility requirements of 

this section are not applicable to 

provision of vocational rehabilitation 

services and assistance under chapter 31 

during active duty. 

Authority: 38 U.S.C. 3102, 3103. 

§ 21.42 Deferral or extension of the basic 

period of eligibility. 

The basic period of eligibility does 

not run as long as any of the following 

reasons prevents the veteran from 

commencing or continuing a vocational 

rehabilitation program: 

(a) Qualifying compensable serviceconnected disability(ies) not 

established. The basic period of 

eligibility does not commence until the 

day VA notifies a veteran of a rating 

determination by VA that the veteran 

has a qualifying compensable serviceconnected disability under § 21.40. 

Authority: 38 U.S.C. 3103(b)(3). 

(b) Character of discharge is a bar to 

benefits. 

(1) The basic period of eligibility does 

not commence until the veteran meets 

the requirement of a discharge or release 

under conditions other than 

dishonorable. (For provisions regarding 

character of discharge, see § 3.12 of this 

chapter.) 

(2) If VA has considered a veteran’s 

character of discharge to be a bar to 

benefits, the basic period of eligibility 

commences only when one of the 

following happens: 

(i) An appropriate authority changes 

the character of discharge or release; or 

(ii) VA determines that the discharge 

or release was under conditions other 

than dishonorable or that the discharge 

or release was, but no longer is, a bar to 

benefits. 

(3) If there is a change in the character 

of discharge, or the discharge or release 

otherwise is determined, as provided in 

paragraph (b)(2) of this section, not to be 

a bar to benefits, the beginning date of 

the basic period of eligibility will be the 

effective date of the change or VA 

determination. 

Authority: 38 U.S.C. 3103(b)(2). 

(c) Commencement or continuation of 

participation prevented by medical 

condition(s). 

(1) The basic period of eligibility does 

not run during any period when a 

veteran’s participation in a vocational 

rehabilitation program is determined to 

be infeasible for 30 days or more 

because of any medical condition(s) of 

the veteran, including the disabling 

effects of chronic alcoholism (see 

paragraphs (c)(2) through (c)(5) of this 

section). 

(2) For purposes of this section, the 

term disabling effects of chronic 

alcoholism means alcohol-induced 

physical or mental disorders or both, 

such as habitual intoxication, 

withdrawal, delirium, amnesia, 

dementia, and other like manifestations 

that: 

(i) Have been diagnosed as 

manifestations of alcohol dependency or 

chronic alcohol abuse; and 

(ii) Have been determined to prevent 

the affected veteran from beginning or 

continuing in a program of vocational 

rehabilitation and employment. 

(3) A diagnosis of alcoholism, chronic 

alcoholism, alcohol dependency, or 

chronic alcohol abuse, in and of itself, 

does not satisfy the definition of 

disabling effects of chronic alcoholism. 

(4) Injuries sustained by a veteran as 

a proximate and immediate result of 

activity undertaken by the veteran while 

physically or mentally unqualified to do 

so due to alcoholic intoxication are not 

considered disabling effects of chronic 

alcoholism. An injury itself, however, 

may prevent commencement or 

continuation of a rehabilitation 

program. 

(5) For purposes of this section, after 

November 17, 1988, the disabling effects 

of chronic alcoholism do not constitute 

willful misconduct. See 38 U.S.C. 

105(c). 

(6) If the basic period of eligibility is 

delayed or interrupted under this 

paragraph (c) due to any medical 

condition(s) of the veteran, it will begin 

or resume on the date a Counseling 

Psychologist (CP) or Vocational 

Rehabilitation Counselor (VRC) notifies 

the veteran in writing that the CP or 

VRC has determined, based on the 

evidence of record, that participation in 

a vocational rehabilitation program is 

reasonably feasible for the veteran. 

Authority: 38 U.S.C. 3103(b)(1). 

§ 21.44 Extension of the basic period of 

eligibility for a veteran with a serious 

employment handicap. 

(a) Conditions for extension. A 

Counseling Psychologist (CP) or 

Vocational Rehabilitation Counselor 

(VRC) may extend the basic period of 

eligibility of a veteran with a serious 

employment handicap when the 

veteran’s current employment handicap 

and need for rehabilitation services and 


sroberts on PROD1PC70 with PROPOSALS
9978 Federal Register / Vol. 74, No. 44 / Monday, March 9, 2009 / Proposed Rules 

assistance necessitate an extension 

under the following conditions: 

(1) Not rehabilitated to the point of 

employability. The veteran has not been 

rehabilitated to the point of 

employability; or 

Authority: 38 U.S.C. 3103(c). 

(2) Rehabilitated to the point of 

employability. The veteran was 

previously declared rehabilitated to the 

point of employability, but currently 

meets one of the following three 

conditions: 

(i) One or more of the veteran’s 

service-connected disabilities has 

worsened, preventing the veteran from 

working in the occupation for which he 

or she trained, or in a related 

occupation; 

(ii) The veteran’s current employment 

handicap and capabilities clearly show 

that the occupation for which the 

veteran previously trained is currently 

unsuitable; or 

(iii) The occupational requirements in 

the occupation for which the veteran 

trained have changed to such an extent 

that additional services are necessary to 

enable the veteran to work in that 

occupation, or in a related field. 

Authority: 38 U.S.C. 3103(c). 

(b) Length of eligibility extension. For 

a veteran with a serious employment 

handicap, a CP or VRC may extend the 

basic period of eligibility for such 

additional period as the CP or VRC 

determines is needed for the veteran to 

accomplish the purposes of his or her 

individualized rehabilitation program. 

Authority: 38 U.S.C. 3103(c). 

§ 21.45 Extending the period of 

eligibility for a program of independent 

living beyond basic period of eligibility. 

A Counseling Psychologist (CP) or 

Vocational Rehabilitation Counselor 

(VRC) may extend the period of 

eligibility for a veteran’s program of 

independent living services beyond the 

veteran’s basic period of eligibility if the 

CP or VRC determines that an extension 

is necessary for the veteran to achieve 

maximum independence in daily living. 

The extension may be for such period as 

the CP or VRC determines is needed for 

the veteran to achieve the goals of his 

or her program of independent living. 

(See § 21.76(b) concerning duration of 

independent living services.) 

Authority: 38 U.S.C. 3103(d). 

4. Add § 21.46 to read as follows: 

§ 21.46 Veteran ordered to active 

duty; extension of basic period of 

eligibility. If VA determines that a 

veteran is prevented from participating 

in, or continuing in, a program of 

vocational rehabilitation as a result of 

being ordered to active duty under 10 

U.S.C. 688, 12301(a), 12301(d), 

12301(g), 12302, or 12304, the veteran’s 

basic period of eligibility will be 

extended by the length of time the 

veteran serves on active duty plus 4 

months. 

Authority: 38 U.S.C. 3103(e); sec. 308(h), 

Public Law 107–330, 116 Stat. 2829. 

[FR Doc. E9–4935 Filed 3–6–09; 8:45 am] 

BILLING CODE 8320–01–P 


sroberts on PROD1PC70 with PROPOSALS