54708 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

EVALUATION OF COGNITIVE IMPAIRMENT AND OTHER RESIDUALS OF TBI NOT OTHERWISE CLASSIFIED—Continued 

Facets of cognitive 

impairment and other 

residuals of TBI not 

otherwise classified 

Level of 

impairment Criteria 

Consciousness ............... Total Persistently altered state of consciousness, such as vegetative state, minimally responsive state, 

coma. 

* * * * * 

■ 3. In Appendix A to Part 4, § 4.124a, 

add diagnostic code 8045 in numerical 

order to the table to read as follows: 

Appendix A to Part 4—Table of 

Amendments and Effective Dates Since 

1946 

* * * * * 

Sec. Diagnostic 

code No. 

* * * * * 

4.124a ..... 8045 Criterion and 

evaluation October 23, 2008. 

* * * * * 

* * * * * 

■ 4. In Appendix B to Part 4, diagnostic 

code 8045 is revised to read as follows: 

Appendix B to Part 4—Numerical Index 

of Disabilities 

* * * * * 

Diagnostic code No. 

* * * * * 

8045 .................................. Residuals of 

traumatic 

brain injury 

(TBI). 

* * * * * 

* * * * * 

■ 5. In Appendix C to Part 4 under the 

heading for ‘‘Brain’’ remove ‘‘Disease 

due to trauma’’ and its diagnostic code 

‘‘8045’’; and add in alphabetical order a 

new heading ‘‘Traumatic brain injury 

residuals’’ and its diagnostic code 

‘‘8045’’. 

[FR Doc. E8–22083 Filed 9–22–08; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 4 

RIN 2900–AM55 

Schedule for Rating Disabilities; 

Evaluation of Scars 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends the 

Department of Veterans Affairs (VA) 

Schedule for Rating Disabilities by 

revising that portion of the Schedule 

that addresses the Skin, so that it more 

clearly reflects our policies concerning 

the evaluation of scars. 

DATES: Effective Date: This amendment 

is effective October 23, 2008. 

Applicability Date: This amendment 

shall apply to all applications for 

benefits received by VA on or after 

October 23, 2008. A veteran whom VA 

rated before such date under diagnostic 

codes 7800, 7801, 7802, 7803, 7804, or 

7805 of 38 CFR 4.118 may request 

review under these clarified criteria, 

irrespective of whether his or her 

disability has worsened since the last 

review. The effective date of any award, 

or any increase in disability 

compensation, based on this 

amendment will not be earlier than the 

effective date of this rule, but will 

otherwise be assigned under the current 

regulations regarding effective dates, 38 

CFR 3.400, etc. 

FOR FURTHER INFORMATION CONTACT: 

Maya Ferrandino, Regulations Staff 

(211D), Compensation and Pension 

Service, Veterans Benefits 

Administration, Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (727) 319–5847. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

January 3, 2008, VA published in the 

Federal Register (73 FR 428) a proposal 

to amend those portions of the Schedule 

for Rating Disabilities that address the 

Skin, 38 CFR 4.118, by revising the 

guidelines for the evaluation of scars. 

Interested persons were invited to 

submit written comments on or before 

February 4, 2008. We received 

comments from the National 

Organization of Veterans’ Advocates, 

Inc. (NOVA), and Disabled American 

Veterans (DAV). 

NOVA’s Comment 

NOVA addressed a proposed change 

to a note in diagnostic code 7801 that 

would consider the trunk as one area of 

the body. Currently, the note in 

diagnostic code 7801 directs that scars 

on widely separated areas, as on two or 

more extremities or on anterior and 

posterior surfaces of extremities or 

trunk, will be separately rated. We 

proposed to revise this note to clarify 

that if multiple scars are present, VA 

will assign a separate evaluation for 

each affected extremity based on the 

total area of the qualifying scars on that 

extremity, and assign a separate 

evaluation for the trunk based on the 

total area of the qualifying scars on the 

trunk. Qualifying scars under diagnostic 

code 7801 are deep scars that are not 

located on the head, face, or neck. 

NOVA is concerned that the proposed 

change will not adequately compensate 

veterans for scars of the trunk. NOVA 

stated the rationale for the change of 

ensuring that the area of all deep scars 

of the trunk are taken into account was 

inadequate considering that the anterior 

and posterior surfaces of the trunk may 

be the largest separate and distinct areas 

of the body. 

Second, NOVA stated that a scar can 

cross over into more than one separate 

area of the body. In the proposed rule, 

we stated that such a scar would be 

treated as two separate scars to ensure 

that the ratings reflect the disability to 

each distinct area of the body. 

Third, NOVA stated the proposed 

change would potentially result in a 

lower evaluation for a veteran with one 

scar that covers both the anterior and 

posterior trunk. NOVA offers the 

following example: A veteran has one 

30 inch scar that wraps around his 

anterior and posterior trunk, with 15 

square inches on the anterior side and 

15 square inches on his posterior side. 

Under the current diagnostic code, this 

scar would be rated separately at 20 

percent and 20 percent, for a combined 

evaluation of 40 percent. Under the 

proposed change, the veteran would be 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54709 

entitled to one evaluation for a 30 inch 

scar of 20 percent. 

Fourth, NOVA comments that under 

the proposed change a veteran who has 

two scars, one on his posterior trunk 

and one on his anterior trunk, would 

only receive one rating for that area; we 

would not rate each scar separately, and 

then provide a combined rating. The 

effect could potentially be a lower rating 

under the revised rule than the veteran 

would receive under the current rule. 

Response 

We did not intend in the proposed 

regulation to produce a lower evaluation 

for scars of the trunk, and we agree that 

this could happen under the criteria we 

proposed. While in the proposed 

regulation we considered the trunk to be 

a single location for purposes of 

evaluating multiple scars, after further 

consideration, we have made changes in 

the final rule indicating that the anterior 

and posterior portions of the trunk 

represent separate locations for 

purposes of evaluation. With that 

change, separate evaluations can be 

assigned for the total area of qualifying 

scars of each extremity, for the total area 

of qualifying scars of the anterior 

portion of the trunk, and for the total 

area of qualifying scars of the posterior 

portion of the trunk. Accordingly, we 

have changed the first sentence of 

proposed note 2 under diagnostic codes 

7801 and 7802 to direct raters, if 

multiple scars are present, or if a single 

scar affects more than one extremity, or 

a single scar affects one or more 

extremities and either the anterior 

portion or posterior portion of the trunk, 

or both, or a single scar affects both the 

anterior portion and the posterior 

portion of the trunk, to assign a separate 

evaluation based on the total area of 

qualifying scars of each affected 

extremity, the total area of qualifying 

scars of the anterior portion of the trunk, 

if affected, and the total area of the 

qualifying scars of the posterior portion 

of the trunk, if affected. 

We have also added a statement in 

note 2 of diagnostic codes 7801 and 

7802 clarifying the borders of the 

anterior (ventral) and posterior (dorsal) 

portions of the trunk, in order to avoid 

confusion about scars that may be 

reported as being on the lateral aspects 

of the trunk. It states that the 

midaxillary line on each side separates 

the anterior and posterior portions of 

the trunk. Therefore, all portions of the 

trunk are designated as either ‘‘anterior’’ 

or ‘‘posterior,’’ based on their 

relationship to the midaxillary line, and 

there is no portion that is designated 

‘‘lateral.’’ 

We revised note 2 of diagnostic code 

7802 to be identical to note 2 of 

diagnostic code 7801. These notes 

address the same concept and the 

identical language will make the notes 

easier to use. We are also making minor 

technical changes to improve the clarity 

of both notes. 

DAV’s Comments 

Method of Measurement 

DAV commented that while they 

agreed with the amendment to the areas 

of scars, they were concerned that the 

method of measurement was not 

specifically stated in the regulation. 

DAV stated that the diagnostic code 

provides evaluations for square inches. 

However, scars are often oddly shaped. 

DAV proposed that the area of a scar be 

measured based on the shape of a 

rectangle from the top of the scar to the 

bottom of the scar for the height 

measurement, and from the farthest side 

points of the scar for the width. 

According to DAV, this method of 

measurement would result in more 

accurate measurements and more 

consistent disability ratings. DAV 

believes it is difficult for examiners and 

adjudicators to determine the surface 

area in square inches for oddly shaped 

scars. 

Response 

We make no change based on this 

comment. We note that the current 

regulation does not specify a method of 

measurement, and this has not created 

difficulty for medical professionals who 

are responsible for measuring scars. 

Using the ‘‘rectangular area’’ method 

described by DAV would 

inappropriately overestimate the area of 

scars that are hourglass-shaped, with the 

narrow area being very long and thin, 

and other scars where one portion is 

much thinner than another. Measuring 

as a rectangle in such cases could lead 

to possible inaccuracies in evaluation. 

Measuring the actual surface area, as 

required by the rule, will not lead to 

such inaccuracies; additionally, it is 

impractical to set forth all of the 

methods that can be used to measure 

scars of various shapes and sizes. No 

two scars are identical, and different 

measuring techniques must be 

employed based on the size, shape, and 

location of a particular scar. Relying on 

medical professionals who measure and 

describe scars in VA medical 

examinations and on evidence 

contained in medical records is more 

likely to produce accurate 

measurements than a general rule such 

as the one proposed by DAV. As such, 

it would not be helpful to revise the 

regulation to specify a method of 

measuring scars. 

Diagnostic Code 7801 Note 2 Preamble 

DAV stated that the discussion of 

proposed diagnostic code 7801 note 2 in 

the preamble of our notice of proposed 

rulemaking states that scars may run 

into two separate areas and each area 

should be separately evaluated. 

However, DAV stated that the note itself 

does not state this. DAV believes that 

VA should ensure that this concept is 

included in the note to ensure scars are 

properly evaluated. 

Response 

We agree that note 2 can be clearer on 

this point. Our revision to note 2 

discussed above will include a revision 

based on this comment. Additionally, 

for clarity and as part of the revision 

based on the separate comment, we will 

make the same revision to note 2 of 

diagnostic code 7802. 

Diagnostic Code 7801 Note 2 Separate 

Ratings 

DAV additionally stated that the 

proposed criterion that requires 

adjudicators to award separate ratings 

for a scar that runs into two separate 

areas, for example the trunk and left 

arm, may be less beneficial to veterans 

in some cases. DAV stated that a veteran 

with a scar of 12 square inches: 11 

square inches on the trunk and 1 square 

inch on the left arm, would receive a 10 

percent evaluation for the trunk and 0 

percent evaluation for the left arm, 

which combine to 10 percent. If the 12 

square inch scar was solely on the 

trunk, the veteran receives a 20 percent 

evaluation. DAV believes that 

adjudicators should be able to award 

either a single rating for the combined 

surface area of a scar that runs into two 

separate areas, or separate ratings, 

whichever results in the higher rating. 

Response 

We make no change based on this 

comment. We note that the requirement 

to separately evaluate scars on separate 

areas of the body is not a new 

requirement; our proposed language 

merely clarifies already existing 

evaluation methods. Further, we 

evaluate separate areas of the body to 

compensate for functional loss of the 

different areas of the body separately. In 

the example mentioned by DAV, the 

veteran has an 11 square inch scar of the 

trunk versus a 12 square inch scar of the 

trunk, which require different 

evaluations because the 12 square inch 

scar could lead to greater functional loss 

of the trunk. VA’s ratings are based on 

the average impairment to earning 


jlentini on PROD1PC65 with RULES
54710 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

capacity caused by service-connected 

disabilities. 38 U.S.C. 1155. Each area of 

the body identified in the rule has a 

separate and distinct function; therefore, 

a scar that affects a single area of the 

body is less likely to produce greater 

overall disability than a similar scar that 

affects more than one area of the body. 

For this reason, we will rate the separate 

areas of the body separately. Although 

DAV suggests that assigning separate 

ratings for each affected body part may 

be less favorable to claimants in certain 

circumstances than assigning only one 

rating for each scar that affects more 

than one body part, we believe that 

assigning separate ratings for each 

affected body part generally will be 

beneficial to claimants and, moreover, 

more closely comports with the purpose 

of assigning ratings based on functional 

loss. 

We made an additional change to the 

title of diagnostic code 7800 for the sake 

of clarity. To avoid any possible 

confusion about whether it refers to 

burn scars, scars due to other causes, or 

disfigurement only of the head, face, or 

neck, or also to scars or disfigurement 

in other areas, we clarified the title by 

changing it to ‘‘Burn scar(s) of the head, 

face, or neck; scar(s) of the head, face, 

or neck due to other causes; or other 

disfigurement of the head, face, or 

neck’’. This eliminates any possible 

confusion about the purpose of this 

diagnostic code but does not represent 

a substantive change from the proposed 

regulation. 

VA appreciates the comments 

submitted in response to the proposed 

rule. Based on the rationale stated in the 

proposed rule and in this document, the 

proposed rule is adopted as a final rule 

with the changes noted. 

We are additionally adding updates to 

38 CFR part 4, Appendices A, B, and C, 

to reflect changes to the diagnostic 

criteria for scars made by this 

rulemaking. The appendices are tools 

for users of the Schedule for Rating 

Disabilities and do not contain 

substantive content regarding evaluation 

of disabilities. As such, we believe it is 

appropriate to include these updates in 

this final rule. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521). 

Regulatory Flexibility Act 

The Secretary 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 not affect any small entities. 

Only VA beneficiaries could be directly 

affected. Therefore, pursuant to 5 U.S.C. 

605(b), this final 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 

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 final 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 may 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 final 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 final rule are 64.104, Pension for 

Non-Service-Connected Disability for 

Veterans, and 64.109, Veterans 

Compensation for Service-Connected 

Disability. 

List of Subjects in 38 CFR Part 4 

Disability benefits, Pensions, 

Veterans. 

Approved: June 20, 2008. 

Gordon H. Mansfield, 

Deputy Secretary of Veterans Affairs. 

■ For the reasons set out in the 

preamble, 38 CFR part 4, subpart B, is 

amended as set forth below: 

PART 4—SCHEDULE FOR RATING 

DISABILITIES 

Subpart B—Disability Ratings 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 38 U.S.C. 1155, unless 

otherwise noted. 

■ 2. Section 4.118 is amended by: 

■ a. Adding an introductory paragraph. 

■ b. Revising the heading to diagnostic 

code 7800 and adding new notes (4) and 

(5). 

■ c. Revising diagnostic codes 7801, 

7802, 7804, and 7805. 

■ d. Removing diagnostic code 7803. 

The additions and revisions read as 

follows: 

§ 4.118 Schedule of ratings—skin. 

A veteran who VA rated under 

diagnostic codes 7800, 7801, 7802, 

7803, 7804, or 7805 before October 23, 

2008 can request review under 

diagnostic codes 7800, 7801, 7802, 

7804, and 7805, irrespective of whether 

the veteran’s disability has increased 

since the last review. VA will review 

that veteran’s disability rating to 

determine whether the veteran may be 

entitled to a higher disability rating 

under diagnostic codes 7800, 7801, 

7802, 7804, and 7805. A request for 

review pursuant to this rulemaking will 

be treated as a claim for an increased 

rating for purposes of determining the 

effective date of an increased rating 

awarded as a result of such review; 

however, in no case will the award be 

effective before October 23, 2008. 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 54711 

Rating 

7800 Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of 

the head, face, or neck: 

* * * * * * * 

Note (4): Separately evaluate disabling effects other than disfigurement that are associated with individual scar(s) of the head, 

face, or neck, such as pain, instability, and residuals of associated muscle or nerve injury, under the appropriate diagnostic 

code(s) and apply § 4.25 to combine the evaluation(s) with the evaluation assigned under this diagnostic code.

Note (5): The characteristic(s) of disfigurement may be caused by one scar or by multiple scars; the characteristic(s) required to 

assign a particular evaluation need not be caused by a single scar in order to assign that evaluation.

7801 Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are deep and nonlinear: 

Area or areas of 144 square inches (929 sq. cm.) or greater ......................................................................................................... 40 

Area or areas of at least 72 square inches (465 sq. cm.) but less than 144 square inches (929 sq. cm.) ................................... 30 

Area or areas of at least 12 square inches (77 sq. cm.) but less than 72 square inches (465 sq. cm.) ....................................... 20 

Area or areas of at least 6 square inches (39 sq. cm.) but less than 12 square inches (77 sq. cm.) ........................................... 10 

Note (1): A deep scar is one associated with underlying soft tissue damage..

Note (2): If multiple qualifying scars are present, or if a single qualifying scar affects more than one extremity, or a single qualifying scar affects one or more extremities and either the anterior portion or posterior portion of the trunk, or both, or a single 

qualifying scar affects both the anterior portion and the posterior portion of the trunk, assign a separate evaluation for each affected extremity based on the total area of the qualifying scars that affect that extremity, assign a separate evaluation based on 

the total area of the qualifying scars that affect the anterior portion of the trunk, and assign a separate evaluation based on the 

total area of the qualifying scars that affect the posterior portion of the trunk. The midaxillary line on each side separates the anterior and posterior portions of the trunk. Combine the separate evaluations under § 4.25. Qualifying scars are scars that are 

nonlinear, deep, and are not located on the head, face, or neck.

7802 Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are superficial and nonlinear: 

Area or areas of 144 square inches (929 sq. cm.) or greater ......................................................................................................... 10 

Note (1): A superficial scar is one not associated with underlying soft tissue damage.

Note (2): If multiple qualifying scars are present, or if a single qualifying scar affects more than one extremity, or a single qualifying scar affects one or more extremities and either the anterior portion or posterior portion of the trunk, or both, or a single 

qualifying scar affects both the anterior portion and the posterior portion of the trunk, assign a separate evaluation for each affected extremity based on the total area of the qualifying scars that affect that extremity, assign a separate evaluation based on 

the total area of the qualifying scars that affect the anterior portion of the trunk, and assign a separate evaluation based on the 

total area of the qualifying scars that affect the posterior portion of the trunk. The midaxillary line on each side separates the anterior and posterior portions of the trunk. Combine the separate evaluations under § 4.25. Qualifying scars are scars that are 

nonlinear, superficial, and are not located on the head, face, or neck.

7804 Scar(s), unstable or painful: 

Five or more scars that are unstable or painful ............................................................................................................................... 30 

Three or four scars that are unstable or painful .............................................................................................................................. 20 

One or two scars that are unstable or painful ................................................................................................................................. 10 

Note (1): An unstable scar is one where, for any reason, there is frequent loss of covering of skin over the scar..

Note (2): If one or more scars are both unstable and painful, add 10 percent to the evaluation that is based on the total number of 

unstable or painful scars.

Note (3): Scars evaluated under diagnostic codes 7800, 7801, 7802, or 7805 may also receive an evaluation under this diagnostic 

code, when applicable.

7805 Scars, other (including linear scars) and other effects of scars evaluated under diagnostic codes 7800, 7801, 7802, and 

7804: 

Evaluate any disabling effect(s) not considered in a rating provided under diagnostic codes 7800–04 under an appropriate diagnostic code.

* * * * * 

■ 3. In Appendix A to Part 4, § 4.118 

revise diagnostic codes 7800, through 

7804 and add diagnostic code 7805 to 

read as follows: 

Appendix A to Part 4—Table of 

Amendments and Effective Dates Since 

1946 

Sec. Diagnostic 

code No. 

* * * * * * * 

4.118 ...................... 7800 Evaluation August 30, 2002; criterion October 23, 2008. 

7801 Criterion July 6, 1950; criterion August 30, 2002; criterion October 23, 2008. 

7802 Criterion September 22, 1978; criterion August 30, 2002; criterion October 23, 2008. 

7803 Criterion August 30, 2002; removed October 23, 2008. 

7804 Criterion July 6, 1950; criterion September 22, 1978; criterion and evaluation October 23, 2008. 

7805 Criterion October 23, 2008. 

* * * * * * * 

■ 4. In Appendix B to Part 4 remove 

diagnostic code 7803 and its disability 

entry and revise the disability entries for 

diagnostic codes 7800, 7801, 7802, 

7804, and 7805 to read as follows: 

Appendix B to Part 4—Numerical Index 

of Disabilities 


jlentini on PROD1PC65 with RULES
54712 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Rules and Regulations 

Diagnostic 

code No. 

THE SKIN 

* * * * * * * 

7800 ....................... Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of 

the head, face, or neck. 

7801 ....................... Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are deep and nonlinear. 

7802 ....................... Burn scar(s) or scar(s) due to other causes, not of the head, face, or neck, that are superficial and nonlinear. 

7804 ....................... Scar(s), unstable or painful. 

7805 ....................... Scars, other. 

* * * * * * * 

■ 5. In Appendix C to Part 4, revise the 

disability entries immediately following 

the heading ‘‘Scars:’’ to read as follows: 

Appendix C to Part 4—Alphabetical 

Index of Disabilities 

Diagnostic 

code No. 

* * * * * * * 

Scars: 

Burn scar(s) of the head, face, or neck; scar(s) of the head, face, or neck due to other causes; or other disfigurement of the 

head, face, or neck ........................................................................................................................................................................... 7800 

Burn scar(s) or scars(s) due to other causes, not of the head, face, or neck, that are deep and nonlinear ..................................... 7801 

Burn scar(s) or scars(s) due to other causes, not of the head, face, or neck, that are superficial and nonlinear ............................. 7802 

Other .................................................................................................................................................................................................... 7805 

Retina ................................................................................................................................................................................................... 6011 

Unstable or painful ............................................................................................................................................................................... 7804 

* * * * * * * 

[FR Doc. E8–21980 Filed 9–22–08; 8:45 am] 

BILLING CODE 8320–01–P 

POSTAL SERVICE 

39 CFR Part 111 

Marking Requirements for Parcel 

Select 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) to reflect changes to the 

marking requirements of our Shipping 

Services product, Parcel Select. On 

May 21, 2008, we published in the 

Federal Register (Volume 73, Number 

99) the proposed rule describing Parcel 

Select marking changes. This final rule 

revises the effective date to October 9, 

2008 (proposed rule date was September 

30, 2008) when Parcel Select shippers 

must use one of the following markings, 

as appropriate, on each Parcel Select 

package: 

• For all destination entry packages, 

use ‘‘Parcel Select’’. 

• For BMC presort entry packages, 

use ‘‘Parcel Select BMC Presort’’ or 

‘‘Parcel Select BMC PRSRT’’. 

• For OBMC presort entry packages 

(Inter-BMC) packages, use ‘‘Parcel Select 

OBMC Presort’’ or ‘‘Parcel Select OBMC 

PRSRT’’. 

• For barcoded Intra-BMC and 

barcoded Inter-BMC packages, use 

‘‘Parcel Select Barcoded’’ or ‘‘Parcel 

Select BC’’. 

DATES: Effective Date: October 9, 2008. 

FOR FURTHER INFORMATION CONTACT: Bert 

Olsen at 202–268–7276. 

SUPPLEMENTARY INFORMATION: 

Comments 

There were no comments received on 

the May 21, 2008 proposed rule. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

■ Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

* * * * * 

400 Commercial Mail Parcels 

* * * * * 

402 Elements on the Face of a 

Mailpiece 

* * * * * 

2.0 Placement and Content of 

Markings 

* * * * * 

2.2 Parcel Select, Bound Printed 

Matter, Media Mail, and Library Mail 

Markings 

2.2.1 Basic Markings 

[Revise the text of 2.2.1 as follows:] 

The basic required marking (e.g., 

‘‘Parcel Select’’, ‘‘Bound Printed 

Matter’’, ‘‘Media Mail’’, ‘‘Library Mail’’) 


jlentini on PROD1PC65 with RULES