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Federal Register / Vol. 86, No. 193 / Friday, October 8, 2021 / Rules and Regulations Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the 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 effects, and other advantages;
distributive impacts; and equity.
Executive Order 13563 Improving Regulation and Regulatory Review emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs has determined that this rule is not a significant regulatory action under Executive Order 12866. The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov.
Regulatory Flexibility Act The Secretary herby certifies that his 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. 601612. This final rule is adopting changes in law that will directly affect only individuals by assisting such individuals in acquiring specially adapted housing grants and will not directly affect small entities.
Therefore, pursuant to 5 U.S.C. 605b, the initial and final regulatory flexibility analysis requirements of 5 U.S.C. 603
and 604 do not apply.

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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 one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act This action contains provisions constituting collections of information at 38 CFR 36.4403, under the provisions of the Paperwork Reduction Act of 1995
44 U.S.C. 35013521. The information collection requirements for 36.4403
are currently approved by the Office of Management and Budget OMB and have been assigned OMB control number 29000132. Although no new collections of information are associated
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with this final rule, there will be an increase in the number of respondents associated with the already approved OMB control number. This rule will result in an increase of 111 estimated annual burden hours and an annual cost of $3,004.1 As required by the Paperwork Reduction Act of 1995 at 44
U.S.C. 3507d, VA will submit this information collection amendment to OMB for its review.
Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this final rule are 64.106, Specially Adapted Housing For Disabled Veterans; 64.116, Vocational Rehabilitation for Disabled Veterans;
64.118, Veterans Housing Direct Loans for Certain Disabled Veterans.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
List of Subjects 38 CFR Part 3
Administrative practice and procedure, Claims, Disability benefits, Health care, Pensions, Radioactive materials, Veterans, Vietnam.
38 CFR Part 36
Condominiums, Housing, Individuals with disabilities, Loan programshousing and community development, Loan programs-Indians, Loan programsveterans, Manufactured homes, Mortgage insurance, Veterans.
Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on September 14, 2021, and authorized the undersigned to sign and submit the document to the Office of the 1 VA estimates an additional 670 applications will be completed annually as a result of the provisions codified in this final rule. The incremental costs of this rule were calculated using an estimated time burden of 10 minutes to complete the information collection under 38 CFR 36.4403
also known as VA Form 264555. Because VA
cannot make further assumptions about the population of respondents veterans with serviceconnected disabilities because of the variability of factors such as the educational background and wage potential of respondents, VA used general wage data to estimate the respondents costs associated with completing the information collection. The Bureau of Labor Statistics BLS
gathers information on full-time wage and salary workers. According to the latest available BLS data May 2020, the mean hourly wage is $27.07 based on the BLS wage code000000 All Occupations. This information is taken from the following website: https www.bls.gov/oes/
current/oes_nat.htm00-0000.

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Federal Register for publication electronically as an official document of the Department of Veterans Affairs.
Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.

For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR parts 3 and 36
as set forth below:
PART 3ADJUDICATION
Subpart APension, Compensation, and Dependency and Indemnity Compensation 1. The authority citation for part 3, subpart A, continues to read as follows:

Authority: 38 U.S.C. 501a, unless otherwise noted.

2. Amend 3.809 by revising paragraphs a and b to read as follows:

3.809 Specially adapted housing under 38 U.S.C. 2101a2Ai.

a General. A member of the Armed Forces serving on active duty must have a disability that was incurred or aggravated in line of duty in active military, naval, or air service and meets the requirements described in paragraph b of this section. A veteran must be entitled to compensation under chapter 11 of title 38, United States Code, for a service-connected disability that meets the requirements described in paragraph b of this section.
b Disability. The disability must be rated as one of the following:
1 A permanent and total disability due to the loss or loss of use of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
2 A permanent disability due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this paragraph b2, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.
3 A permanent and total disability due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.
4 A permanent and total disability due to the loss or loss of use of one
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