Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Proposed Rules 54069 

consultative visit if major changes in 

working conditions or work processes 

occur which may introduce new 

hazards, OSHA’s Programmed 

Inspections at that particular site may be 

deferred while the employer is working 

to achieve recognition and exemption 

status. 

(B) Employers who meet all the 

requirements for recognition and 

exemption will have the names of their 

establishments removed from OSHA’s 

Programmed Inspection Schedule for a 

period of one year. The exemption 

period will extend from the date of 

issuance by the Regional Office of the 

certificate of recognition. OSHA may in 

its discretion establish inspection 

programs that provide for an additional 

deletion period, but such additional 

deletion period shall not exceed one 

year. 

(ii) Inspections. OSHA will continue 

to make inspections in the following 

categories at sites that achieved 

recognition status and have been 

granted deletions from OSHA’s 

Programmed Inspection Schedule; and 

at sites granted inspection deferrals as 

provided for under paragraph 

(b)(4)(i)(A) of this section: 

(A) Imminent danger inspections; 

(B) Fatality/catastrophe inspections; 

(C) Complaint inspections; 

(D) Referral inspections as determined 

necessary by the RA; 

(E) Other critical inspections as 

determined by the Assistant Secretary. 

* * * * * 

[FR Doc. 2010–22058 Filed 9–2–10; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2010–0265] 

RIN 1625—AA09 

Drawbridge Operation Regulations; 

Curtis Creek, Baltimore, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking; 

withdrawal. 

SUMMARY: The Coast Guard is 

withdrawing its notice of proposed 

rulemaking concerning the operation of 

the Pennington Avenue Bridge, at mile 

0.9, across Curtis Creek at Baltimore, 

MD. The requested change would have 

allowed the bridge to operate from a 

remote location at the City of Baltimore 

Transportation Management Center. The 

proposed rule is being withdrawn 

because of the many concerned 

comments sent from the primary 

waterway users that transit the bridge. 

DATES: The notice of proposed 

rulemaking is withdrawn on September 

3, 2010. 

ADDRESSES: The docket for this 

withdrawn rulemaking is available for 

inspection or copying at the Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. You may also 

find this docket on the Internet by going 

to http://www.regulations.gov, inserting 

USCG–2010–0265 in the ‘‘Keyword’’ box 

and then clicking ‘‘Search’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice, 

call or e-mail Lindsey Middleton, Fifth 

Coast Guard District; telephone (757) 

398–6629, e-mail 

Lindsey.R.Middleton@uscg.mil. If you 

have questions on viewing material in 

the docket, call Renee V. Wright, 

Program Manager, Docket Operations, 

telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 2, 2010, we published an 

NPRM entitled ‘‘Drawbridge Operation 

Regulation Curtis Creek, Baltimore, MD’’ 

in the Federal Register (75 FR 30747– 

30750). The rulemaking concerned 

eliminating the need for a bridge tender 

by allowing the bridge to be operated 

from a remote location at the City of 

Baltimore Transportation Management 

Center. This proposed change would 

have maintained the bridge’s current 

operating schedule set forth in 33 CFR 

117.5 that states: Drawbridges shall 

open promptly and fully for the passage 

of vessels when a request to open is 

given. 

Withdrawal 

The City of Baltimore, the owner of 

the Pennington Avenue Bridge, had 

requested a change in the operating 

procedures to allow the bridge to be 

opened from a remote location at the 

City of Baltimore Transportation 

Management Center. 

The Coast Guard received several 

comments opposing the proposed rule 

change. We conducted a lengthy and 

thorough investigation that included a 

site visit of the bridge and the Baltimore 

City Transportation Management 

Center. We also conducted a meeting at 

the Coast Guard Yard in Baltimore, MD 

with the primary waterway users that 

transit the bridge, staff from the City of 

Baltimore’s Transportation division, and 

their contracted consulting company. 

Our investigation along with the 

majority of the comments revealed that 

the rulemaking could impose critical 

service delays to the various industries 

that rely on a timely bridge opening. 

This withdrawal is based on the reason 

that this change would not improve the 

bridge usage for roadway and waterway 

users. 

Authority: This action is taken under the 

authority of 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

Dated: August 15, 2010, 

William D. Lee, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2010–22034 Filed 9–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 76 

RIN 2900–AN43 

U.S. Paralympics Monthly Assistance 

Allowance 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: This document proposes to 

establish regulations for the payment of 

a monthly assistance allowance to 

military veterans training to make the 

United States Paralympics team, as 

authorized by section 703 of the 

Veterans’ Benefits Improvement Act of 

2008. The proposed rule would 

facilitate the payment of a monthly 

assistance allowance to a veteran with a 

service-connected or nonserviceconnected disability if the veteran is 

competing for a slot on or selected for 

the United States Paralympics team or is 

residing at a United States Paralympics 

training center. The proposed rule 

would require submission of an 

application to establish eligibility for 

the allowance and certification by the 

United States Paralympics. 

DATES: Comments must be received on 

or before October 4, 2010. 

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. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 


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AN43—U.S. Paralympics Monthly 

Assistance Allowance.’’ 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 are available online through 

the Federal Docket Management System 

(FDMS) at http://www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Matt 

Bristol, Office of National Veterans 

Sports Programs and Special Events 

(002C), Department of Veterans Affairs, 

810 Vermont Avenue, NW., 

Washington, DC 20420; (202) 461–7447. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: In 2008, 

Congress amended title 38, United 

States Code, to add a new section 322 

regarding establishment of the 

Department of Veterans Affairs (VA) 

Office of National Veterans Sports 

Programs and Special Events. Public 

Law 110–389, sec. 703. Subject to the 

availability of appropriations, Congress 

authorized VA to provide certain 

disabled veterans, who participate in 

programs or events sanctioned by the 

United States Paralympics (USP) or who 

reside at a USP training center, a 

monthly assistance allowance. 38 U.S.C. 

322. VA proposes to amend its 

regulations to implement the allowance. 

Under section 322, VA may provide 

an allowance to a veteran with a 

disability who is: (1) Invited by the USP 

to compete for a slot on, or selected for, 

the USP Team, for any month or part of 

any month in which the veteran is 

training or competing in any event 

sponsored by the USP or the 

International Paralympic Committee 

(IPC); or (2) residing at a USP training 

center in connection with any 

paralympic training or competition. The 

USP estimates that up to 70 veterans 

may qualify for this allowance annually. 

We propose to implement the 

allowance in new 38 CFR part 76. 

Although section 322(d) authorizes VA 

to pay the allowance to a veteran with 

a disability invited by the ‘‘United States 

Paralympics, Inc.,’’ to compete for a slot 

on, or selected for, the Paralympic 

Team, that entity is now designated as 

the ‘‘United States Paralympics,’’ and is 

a division of the United States Olympic 

Committee (USOC). Accordingly, we 

propose to refer to the USP, rather than 

the United States Paralympics, Inc. 

The proposed rule would include 

certain terms that must be defined for 

the purposes of part 76. In proposed 

§ 76.1(a), we would define the term 

‘‘disability’’ to mean ‘‘a serviceconnected or nonservice-connected 

disability, which meets the criteria 

prescribed by the IPC’s Classification 

Code and International Standards, 

November 2007 edition, available at 

http://www.paralympic.org/export/sites/

default/IPC/IPC_Handbook/Section_2/

2008_2_Classification_Code6.pdf, and 

qualifies the veteran for participation in 

a sport sanctioned by the United States 

Paralympics.’’ This document will be 

made available to the public via a VAcontrolled source for purposes of the 

final rule, and this definition may be 

changed accordingly. This definition 

would be based on VA’s authority in 

section 322(d) to pay the allowance ‘‘to 

a veteran with a disability,’’ which we 

interpret to mean a veteran with a 

service-connected or nonserviceconnected disability. In section 

322(d)(3) Congress required VA to give 

priority to veterans with serviceconnected disabilities in providing the 

allowance. By setting up a priority in 

payment, Congress demonstrated its 

intent to allow veterans with both 

service-connected and nonserviceconnected disabilities to qualify for the 

allowance if funding is available. 

As stated previously, section 322(d) 

authorizes VA to ‘‘provide a monthly 

assistance allowance to a veteran with a 

disability invited by the [USP] to 

compete for a slot on, or selected for, the 

Paralympic Team for any month in 

which the veteran is training or 

competing in any event sanctioned by 

the [USP], or who is residing at a [USP] 

training center.’’ In selecting individuals 

for international competition, USP must 

ensure competitors’ compliance with 

the IPC Code and Standards because 

most individuals selected to compete for 

a slot on, or selected for, the Paralympic 

Team, which is associated with the 

USP, will ultimately compete 

internationally. Therefore, we propose 

to pay the allowance to those veterans 

with disabilities that meet IPC criteria. 

We propose to define the term 

‘‘Paralympic Training Center’’ as 

referring to the following locations: the 

United States Olympic Training Center 

at Chula Vista, California; the United 

States Olympic Training Center at 

Colorado Springs, Colorado; the United 

States Olympic Training Center at Lake 

Placid, New York; the Lakeshore 

Foundation in Birmingham, Alabama; 

and the University of Central Oklahoma 

in Edmond, Oklahoma. 

As stated previously, section 322(d)(3) 

requires VA to give priority in payment 

of the allowance to veterans with 

service-connected disabilities. We 

propose to periodically assess funding 

levels to determine if funding for 

payment of the allowance will be 

sufficient to cover all applicants. Based 

on the estimated 70 veterans that may 

qualify for the allowance annually and 

the appropriated $2,000,000 in funding, 

VA believes it will be able to pay all 

applicants. If a periodic assessment 

reveals that funding for the allowance 

will be insufficient to pay all applicants, 

we propose to make payments in full 

first to veterans with service-connected 

disabilities. 

Section 322(d) authorizes funding for 

the allowance beginning in fiscal year 

2010, or beginning October 1, 2009. 

Because funding has been available 

from October 1, 2009, we propose to 

allow retroactive payment for 

paralympic training, competition, or 

residence that occurred on or after 

October 1, 2009, if an application and 

appropriate certification are submitted 

to VA within 1 year of the effective date 

of this regulation. Based on the number 

of applications received from 

individuals with both service-connected 

and nonservice-connected disabilities 

within the first year, we will determine 

if funding for payment of the allowance 

for fiscal year 2010 is sufficient to pay 

fully all eligible applicants. If funding is 

insufficient to pay all eligible 

applicants, we propose to first pay those 

eligible applicants with serviceconnected disabilities. To the extent 

funds remain to pay eligible applicants 

with nonservice-connected disabilities, 

we will make payments in the order of 

receipt of applications. We believe this 

is the most equitable method for making 

retroactive payments to nonserviceconnected veterans in case of limited 

funds. 

To allow for effective administration 

of payments of the allowance, and to 

ensure that veterans who are entitled to 

the allowance are accurately and timely 

paid, we propose to require qualifying 

veterans to submit an application with 

information pertinent to payment, 

including information pertaining to 

dependents, who may justify a higher 

rate of allowance. We also propose to 

require certification from the USP of 

participation in training or competition 

sponsored by the USP or the IPC, or 

residence at a USP Training Center. 

Such certification shall specify the dates 

of training, competition, or residence for 

which payment is requested so that VA 

has verification that payment is due. 

Section 322(d)(2) requires the amount 

of the allowance to be equal to the 

monthly amount of subsistence 

allowance that would be payable to a 

veteran under 38 U.S.C. chapter 31 of 

this title if the veteran were eligible for 

and entitled to rehabilitation under 


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chapter 31. We interpret section 

322(d)(2) to refer to the monthly amount 

of subsistence allowance payable to a 

veteran for full-time institutional 

training under chapter 31 because an 

individual who is participating in USP 

or IPC training or competition or 

residing at a USP training center will be 

doing so on a full-time basis. 

Furthermore, veterans participating in 

full-time institutional training under 

chapter 31 is the most comparable 

category of recipients of chapter 31 

benefits to the category of individuals 

participating in USP or IPC training or 

competition or residing at a USP 

training center. Accordingly, we 

propose to base the amount of the 

allowance payable to individuals on the 

rate paid as a subsistence allowance for 

a full-time institutional program under 

chapter 31 of title 38, United States 

Code. (See 38 U.S.C. 3108(b)). 

We propose to allow an individual to 

be paid for each day of qualified 

training, competition, or residence at 1/ 

30 of the monthly rate, or on a monthly 

basis for a continuous month of 

qualified training, competition, or 

residence. This recognizes the likely 

temporal irregularities that will occur 

with respect to periods of training, 

competition, or residence, and is 

consistent with long-standing 

calculation methods employed by VA to 

address certain payments and 

entitlement-charge determinations for 

partial months under its education and 

vocational rehabilitation programs. 

Frequency of payment of the allowance 

will depend on the timing of the filing 

of a claim for a given period of time. 

Because our statutory authority requires 

that we base the amount of the 

allowance on the monthly amount of 

subsistence allowance that would be 

payable to a veteran under chapter 31, 

and, under chapter 31, an additional 

amount is payable to veterans with 

dependents, we propose to pay an 

additional amount of allowance to 

veterans with dependents based on the 

rate paid as a subsistence allowance for 

a full-time institutional program under 

chapter 31 of title 38, United States 

Code to veterans with dependents. 

Incorporation by Reference 

In accordance with 5 U.S.C. 552(a) 

and 1 CFR part 51, we propose to 

incorporate by reference IPC’s 

Classification Code and International 

Standards, November 2007 edition, at 

http://www.paralympic.org/export/sites/

default/IPC/IPC_Handbook/Section_2/

2008_2_Classification_Code6.pdf. This 

document will be made available to the 

public via a VA-controlled source for 

purposes of the final rule. We will 

request approval of this incorporation 

by reference from the Office of the 

Federal Register. This document for 

which we are seeking incorporation by 

reference is available for inspection by 

appointment (call (202) 461–4902 for 

appointment) at the Department of 

Veterans Affairs, Office of Regulation 

Policy and Management, Room 1063B, 

810 Vermont Avenue, NW., Washington 

DC 20420, between the hours of 8 a.m. 

and 4:30 p.m., Monday through Friday 

(except holidays). 

Comment Period 

Although under the rulemaking 

guidelines in Executive Order 12866, 

VA ordinarily provides a 60-day 

comment period, the Secretary has 

determined that there is good cause to 

limit the public comment period on this 

proposed rule to 30 days. VA does not 

expect to receive a large number of 

comments on this proposed rule 

because this regulation places minimal 

burden on affected parties and 

implements a new benefit. Furthermore, 

most of the proposed rule’s 

requirements are mandated by 38 U.S.C. 

322. Lastly, VA believes that 

implementation of this regulation is 

urgent to assist veterans training for the 

United States Paralympics team. 

Accordingly, VA has provided that 

comments must be received within 30 

days of publication in the Federal 

Register. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

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

agencies prepare an assessment of 

anticipated costs and benefits before 

issuing any rule that may result in an 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This proposed rule would 

have no such effect on State, local, and 

tribal governments or on the private 

sector. 

Paperwork Reduction Act 

This document contains two 

provisions (§ 76.3(a) and § 76.3(b)) 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3521) that require approval 

by the Office of Management and 

Budget (OMB) The Office of National 

Veterans Sports Programs and Special 

Events is developing two new forms for 

this allowance—an application and a 

certification of training. ONVSPSE will 

submit these forms to OMB, along with 

justification paperwork, as part of the 

proposed regulation. 

OMB assigns control numbers to 

collections of information it approves. 

VA may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. 

Comments on the collections of 

information contained in this proposed 

rule should be submitted to the Office 

of Management and Budget, Attention: 

Desk Officer for the Department of 

Veterans Affairs, Office of Information 

and Regulatory Affairs, Washington, DC 

20503, with copies sent by mail or hand 

delivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington DC 

20420; fax to (202) 273–9026; or through 

www.Regulations.gov. Comments 

should indicate that they are submitted 

in response to ‘‘RIN 2900–AN43.’’ 

The Department considers comments 

by the public on proposed collections of 

information in— 

• Evaluating whether the proposed 

collections of information are necessary 

for the proper performance of the 

functions of the Department, including 

whether the information will have 

practical utility; 

• Evaluating the accuracy of the 

Department’s estimate of the burden of 

the proposed collections of information, 

including the validity of the 

methodology and assumptions used; 

• Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of the 

collections of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

The proposed addition of 38 CFR Part 

76 contains collections of information 

under the Paperwork Reduction Act for 

which we are requesting approval by 

OMB. These collections of information 

are described immediately following 

this paragraph, under their respective 

titles. 

Title: VA Form 0918b, ‘‘Application 

for Monthly Assistance Allowance for 

Veterans in Connection with the United 

States Paralympics.’’ 

Summary of collection of information: 

This new collection of information in 

proposed 38 CFR 76.3(a) is required for 

VA to administer benefits to veterans in 

accordance with section 703 of Public 

Law 110–389. This form is to be 

completed by veterans who are applying 

to receive this allowance in accordance 


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with VA regulations. The application 

will be used to verify the veteran’s 

mailing address, confirm that he or she 

has been accepted by the USP to 

compete in a specific Paralympic sport, 

and to determine their marital status 

and number of dependents for the 

purpose of assessing payment amounts. 

Description of need for information 

and proposed use of information: This 

collection is necessary in order for the 

program office to identify allowance 

recipients and determine payment 

amounts for veterans authorized to 

receive this allowance. 

Description of likely respondents: 

Respondents include veterans who have 

been invited to participate in 

Paralympic training, competition, or 

residence at a Paralympic Training 

Center. 

Estimated number of respondents: We 

expect to have 100 total respondents for 

VA Form 0918b, which is a one-time 

collection for each particular veteran for 

any fiscal year for which Congress has 

appropriated money for benefits. 

Estimated frequency of responses: VA 

Form 0918b is a one-time collection for 

each veteran. 

Estimated average burden per 

response: 20 minutes. 

Estimated total annual reporting and 

recordkeeping burden: 2000 reporting 

hours burden for FY2011. 

Recordkeeping burden: 5 hours. 

Title: VA Form 0918a, ‘‘Certification 

of United States Paralympics Training 

Status.’’ 

Summary of collection of information: 

This new collection of information in 

proposed 38 CFR 76.3(b) is required for 

VA to administer benefits to veterans in 

accordance with section 703 of Public 

Law 110–389. This form is to certify that 

an eligible veteran has participated in 

Paralympic training, competition, or 

residence at a Paralympic Training 

Center during a specified period of time 

and has met the requirements necessary 

for payment of the monthly assistance 

allowance. 

Description of need for information 

and proposed use of information: This 

collection is necessary in order for VA 

to verify that a veteran has indeed 

participated in qualifying training, 

competition, or been in residence at a 

Paralympic Training Center for the 

relevant period for which the veteran is 

claiming benefits. 

Description of likely respondents: The 

paralympic coaches of veterans 

participating in qualifying training, 

competition, or residence at a 

Paralympic Training Center. 

Estimated number of respondents: We 

expect to have roughly 100 respondents 

complete VA Form 0918a monthly or 

quarterly for each Fiscal Year in which 

appropriated funds are available, 

depending on the veteran’s frequency of 

training, competition, or residence at a 

Paralypmic Training Center. 

Estimated frequency of responses: VA 

Form 0918a is to be submitted monthly 

or quarterly depending on the veteran’s 

frequency of training, competition, or 

residence at a Paralympic Training 

Facility. 

Estimated average burden per 

response: 5 minutes. 

Estimated total annual reporting and 

recordkeeping burden: 2000 reporting 

hours for each Fiscal Year in which 

appropriated funds are available. 

Recordkeeping burden: 25 hours in each 

Fiscal Year in which appropriated funds 

are available. 

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) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. The economic, interagency, 

budgetary, legal, and policy 

implications of this 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 of Veterans Affairs 

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 

primarily affect only individuals and 

would impose only a minor certification 

requirement upon the United States 

Paralympics. Therefore, this proposed 

amendment is exempt pursuant to 5 

U.S.C. 605(b) from the initial and final 

regulatory flexibility analysis 

requirements of sections 603 and 604. 

Catalog of Federal Domestic Assistance 

This proposed rule would not affect 

VA programs listed in the Catalog of 

Federal Domestic Assistance. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, approved this 

document on July 23, 2010, for 

publication. 

List of Subjects in 38 CFR Part 76 

Certification, Day care, Disabled, 

Eligibility, Individuals with disabilities, 

Monthly assistance allowance, 

Overpayment, Oversight, Physically 

challenged athletes, Service-connected 

disabilities, Sport event, Travel and 

transportation expenses, U.S. 

Paralympics training center, Veterans. 

Dated: August 30, 2010. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons set forth in the 

preamble, the Department of Veterans 

Affairs proposes to amend 38 CFR 

chapter I to add a new part 76 to read 

as follows: 

PART 76—MONTHLY ASSISTANCE 

ALLOWANCE FOR VETERANS IN 

CONNECTION WITH THE UNITED 

STATES PARALYMPICS 

Sec. 

76.1 Definitions. 

76.2 Assistance allowance. 

76.3 Application and certification. 

76.4 Amount of allowance. 

Authority: 38 U.S.C. 501, 322(d), and as 

stated in specific sections. 

§ 76.1 Definitions. 

For purposes of part 76, the following 

definitions apply: 

Disability means a service-connected 

or nonservice-connected disability 

which meets the criteria prescribed by 

the International Paralympic 

Committee’s (IPC) Classification Code 

and International Standards, November 


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2007 edition, available at http:// 

www.paralympic.org/export/sites/ 

default/IPC/IPC_Handbook/Section_2/ 

2008_2_Classification_Code6.pdf, and 

qualifies the veteran for participation in 

a sport sanctioned by the United States 

Paralympics. 

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

Paralympic Training Center refers to 

the following locations: the United 

States Olympic Training Center at Chula 

Vista, California; the United States 

Olympic Training Center at Colorado 

Springs, Colorado; the United States 

Olympic Training Center at Lake Placid, 

New York; the Lakeshore Foundation in 

Birmingham, Alabama; and the 

University of Central Oklahoma in 

Edmond, Oklahoma. 

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

§ 76.2 Assistance allowance. 

(a) VA will pay an allowance to a 

veteran with a disability who is: 

(1) Invited by the United States 

Paralympics (USP) to compete for a slot 

on, or selected for, the USP Team for 

any month or part of any month in 

which the veteran is training or 

competing in any event sponsored by 

the USP or the IPC; or 

(2) Residing at a USP training center 

in connection with any paralympic 

training or competition for the period 

certified under § 76.3. 

(b) In providing this allowance, VA 

will periodically assess funding for the 

allowance. If a periodic assessment 

reveals that funding is insufficient to 

pay all applicants, VA will first pay in 

full veterans with service-connected 

disabilities, and then pay others in full 

in the order in which their completed 

applications are received. 

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

§ 76.3 Application and certification. 

To receive an allowance— 

(a) A veteran must submit a complete 

application identifying any dependents 

upon which a higher payable rate of 

allowance may be based; and 

(b) USP must provide certification of 

the veteran’s participation in training or 

competition sponsored by the USP or 

the IPC, or residence at a USP training 

center, for the period for which payment 

is requested. The certification must 

specify whether the payment is due for 

training, competition, or residence, and 

the dates of the training, competition, or 

residence for which payment is due. 

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

§ 76. Amount of allowance. 

The following rules govern the 

amount of allowance payable to 

veterans under this section. 

(a) Payment will be made at the rate 

paid for a full-time institutional 

program under chapter 31 of title 38, 

United States Code (Chapter 31) that is 

in effect for a period of certified 

participation, as prescribed by 

paragraph (b) of this section. (See 38 

CFR 21.260.) 

(b) Payment may be made for each 

day at 1/30 of the monthly rate to 

veterans who train or compete in USP 

or IPC sponsored events for each day of 

training or competition, or to veterans 

who reside at a USP training center, for 

each day of residence, or on a monthly 

basis at the monthly rate to veterans 

who train or compete continuously for 

a full month, or to veterans who reside 

at a USP training center for a full month. 

(c) VA will pay the allowance at a rate 

paid to a veteran with dependents for a 

full-time Chapter 31 institutional 

program upon receipt of appropriate 

documentation that a veteran who 

qualifies for the allowance has 

dependents. (See 38 CFR 21.260.) 

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

[FR Doc. 2010–21921 Filed 9–2–10; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 447 

[CMS–2238–P2] 

RIN 0938–AP67 

Medicaid Program; Withdrawal of 

Determination of Average 

Manufacturer Price, Multiple Source 

Drug Definition, and Upper Limits for 

Multiple Source Drugs 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: In this rule, we are proposing 

to withdraw two provisions from the 

‘‘Medicaid Program; Prescription Drugs’’ 

final rule (referred to hereafter as ‘‘AMP 

final rule’’) published in the July 17, 

2007 Federal Register. The provisions 

we are proposing to withdraw are as 

follows: The determination of average 

manufacturer price (AMP), and the 

Federal upper limits (FULs) for multiple 

source drugs. We are also proposing to 

withdraw the definition of ‘‘multiple 

source drug’’ as it was revised in the 

‘‘Medicaid Program; Multiple Source 

Drug Definition’’ final rule published in 

the October 7, 2008 Federal Register. 

The provisions of the AMP final rule 

and the definition of multiple source 

drug that we are proposing to withdraw 

were challenged in a lawsuit that was 

filed in November 2007. The challenged 

regulations have been superseded in 

significant part by the Patient Protection 

and Affordable Care Act, as amended by 

the Health Care and Education 

Reconciliation Act, and the FAA Air 

Transportation Modernization and 

Safety Improvement Act. This document 

would withdraw the regulatory 

provisions challenged in the 

aforementioned litigation. 

DATES: To be assured consideration, 

comments must be received at one of 

the addresses provided below, no later 

than 5 p.m. on October 4, 2010. 

ADDRESSES: In commenting, please refer 

to file code CMS–2238–P2. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (FAX) 

transmission. 

You may submit comments in one of 

four ways (please choose only one of the 

ways listed): 

1. Electronically. You may submit 

electronic comments on this regulation 

to http://www.regulations.gov. Follow 

the ‘‘Submit a comment’’ instructions. 

2. By regular mail. You may mail 

written comments to the following 

address ONLY: Centers for Medicare & 

Medicaid Services, Department of 

Health and Human Services, Attention: 

CMS–2238–P2, P.O. Box 8016, 

Baltimore, MD 21244–8016. 

Please allow sufficient time for mailed 

comments to be received before the 

close of the comment period. 

3. By express or overnight mail. You 

may send written comments to the 

following address ONLY: Centers for 

Medicare & Medicaid Services, 

Department of Health and Human 

Services, Attention: CMS–2238–P2, 

Mail Stop C4–26–05, 7500 Security 

Boulevard, Baltimore, MD 21244–1850. 

4. By hand or courier. If you prefer, 

you may deliver (by hand or courier) 

your written comments before the close 

of the comment period to either of the 

following addresses: 

a. For delivery in Washington, DC— 

Centers for Medicare & Medicaid 

Services, Department of Health and 

Human Services, Room 445–G, Hubert 

H. Humphrey Building, 200 

Independence Avenue, SW., 

Washington, DC 20201. 

(Because access to the interior of the 

Hubert H. Humphrey Building is not readily 

available to persons without Federal 

Government identification, commenters are 

encouraged to leave their comments in the 

CMS drop slots located in the main lobby of 


erowe on DSK5CLS3C1PROD with PROPOSALS-1