Regulation re Beneficiary Travel Under 38 U.S.C. 111 within the United States

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(b) When we have completed this
review, we will notify you of the
decision. We may ask for additional
information before deciding whether or
not to approve your event.
(c) NARA reserves the right to review,
reject, or require changes in any
material, activity, or caterer you intend
to use for the event.
Dated: June 23, 2008.
Allen Weinstein,
Archivist of the United States.
[FR Doc. E8–14706 Filed 6–27–08; 8:45 am]
BILLING CODE 7515–01–P

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 17 and 70
RIN 2900–AM02

Beneficiary Travel Under 38 U.S.C. 111
Within the United States
Department of Veterans Affairs.
Final rule.

AGENCY:

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ACTION:

SUMMARY: This document amends the
beneficiary travel regulations of the
Department of Veterans Affairs (VA)
that provide a mechanism for payment
of travel expenses within the United
States under 38 U.S.C. 111 to help
veterans and other persons obtain care
and services from VA’s Veterans Health
Administration (VHA). The amended
regulations more fully implement the
statutory provisions governing such
payments.
DATES: Effective Date: This final rule is
effective July 30, 2008.
FOR FURTHER INFORMATION CONTACT:
Tony Guagliardo, Chief Business Office
(16), Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420; (202) 254–0406. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: This
document revises the beneficiary travel
regulations that were previously
captioned ‘‘Transportation of Claimants
and Beneficiaries.’’ The revised
regulations, set forth at 38 CFR part 70,
provide a mechanism for payment of
travel expenses within the United States
under 38 U.S.C. 111 to help veterans
and other persons obtain care and
services from VHA, a subunit within
VA.
This final rule adopts, with changes
discussed below, the provisions of the
corresponding proposed rule published
in the Federal Register on July 23, 2007
(72 FR 40096), based on the rationale set
forth in the proposed rule and this
document.

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The proposed rule provided for a 60day comment period which ended
September 21, 2007. We received
comments from one commenter. We
discuss below issues raised by the
commenter.
The commenter asserted that the
revised regulations should cover those
aspects of beneficiary travel
administered by the Veterans Benefit
Administration (VBA), one of the
Administrations within VA, and that we
should add a definition of VBA. We
made no changes based on these
comments. These regulations properly
concern, insofar as they apply to the
VBA programs discussed in this
comment, the beneficiary travel program
administered by VHA under 38 U.S.C.
111 for eligible beneficiaries traveling to
and from a Department facility in
connection with vocational
rehabilitation or incident to a scheduled
Compensation and Pension
examination. Additional transportation
benefits available to vocational
rehabilitation participants are, however,
administered by VBA in accordance
with chapter 31 of title 38, United States
Code. As such, they are beyond the
travel benefits authorized by section 111
and are properly administered pursuant
to separate regulations (see, e.g., 38 CFR
21.154).
The commenter asserted that we
should add a definition of ‘‘beneficiary’’
to read: ‘‘Beneficiary means a person
determined eligible for VHA benefits
and who, subject to these regulations, is
engaged in official business for the
Government and authorized to travel at
Government expense.’’ We made no
changes based on this comment. Such a
definition would not be correct. A
covered beneficiary’s travel must be for
the limited purpose of obtaining a
specific VA benefit or another purpose
that qualifies under this rule. Such
travel is not undertaken in connection
with the conduct of official business on
behalf of the Government.
The commenter asserted that we
should amend the regulations to provide
that any recipient of benefits under 38
U.S.C. chapter 18 who travels to or from
a VA facility or VA-authorized health
care facility for care or services is
eligible to receive beneficiary travel
benefits under section 111. We made no
changes based on this comment. For
purposes of chapter 18, the definition of
‘‘health care’’ includes, among other
things, direct transportation costs to and
from approved sources of health care.
The authority for travel benefits under
chapter 18 is 38 U.S.C. 1803(c) and
1813(c), not section 111. These travel
benefits are administered separately by

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VA’s Health Administration Center,
pursuant to 38 CFR 17.900 et seq.
The proposed rule explained that
beneficiaries of the Civilian Health and
Medical Program of the Department of
Veterans Affairs (CHAMPVA) had
previously been included in error
among the groups eligible for
beneficiary travel benefits under section
111. The commenter responded that this
change should enable VA to have more
funds available for those who are in fact
eligible for beneficiary travel benefits,
permitting VA to increase its
reimbursement rates. However, funds
allocated for the payment of beneficiary
travel benefits under 38 U.S.C. 111 have
not been used to pay for CHAMPVA
beneficiaries’ travel claims. Instead,
those claims have been paid with funds
allocated to the Health Administration
Center, which administers the
CHAMPVA program. Consequently, the
amendment does not adjust the funding
amounts available for the beneficiary
travel program and is for clarification
only.
Under the provisions of § 70.30(a)(1)
as proposed, the Secretary would be
authorized to establish a per mile rate
for travel by a privately owned vehicle.
Further, proposed § 70.30(a)(1)(iv)
explained how VA would comply with
the statutory provisions of 38 U.S.C.
111(g)(1), which require the Secretary,
in consultation with the Administrator
of General Services, the Secretary of
Transportation, the Comptroller General
of the United States, and representatives
of veterans’ service organizations, to
conduct periodic investigations and
other investigations required by that
section on the actual cost of travel
incurred by VA beneficiaries traveling
to and from a Department facility for a
covered purpose. Those provisions
further explained how VA would
provide notification of current mileage
reimbursement rates. The commenter
responded that the Secretary should be
bound by the costs identified during
such investigations, when determining
VA’s reimbursement rates. The
commenter further stated that any rate
that is less than that prescribed for
Federal employee travel should be
required to be fully justified in the
Federal Register. We made no changes
based on these comments.
Although the Secretary, when
conducting investigations and
determining rates under section 111, is
required to take into consideration the
actual cost of travel, along with other
factors specified in the law, it is vital
that the Secretary also be able to take
into consideration the ramifications of
diverting funds from direct medical care
for the purpose of increasing mileage

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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations
reimbursement rates for the few
categories of veterans eligible for
beneficiary travel benefits. Indeed, in
our view, by not tying the rates payable
under section 111 to any other Federal
travel program or otherwise mandating
the reimbursement level, Congress
implicitly recognized the need for this
flexibility. Since the process and public
notice provided for in § 70.31(a)(1) are
appropriate under the applicable
statutory provisions, we believe that
there is no need for change based on the
commenter’s suggestions.
As we discuss below, this final rule
makes a number of changes from the
proposed rule in § 70.31, Deductibles.
The proposed rule provided that VA
will publish a notice of any change in
the rates in the Federal Register and
make current rates available on the
Internet. In this final rule, we provide
the correct Internet address for the rates
in § 70.31(a)(2).
Proposed § 70.31(a) had stated,
concerning reimbursement for travel to
and from VA or VA-authorized health
care, that VA shall deduct an amount
established by the Secretary for each
one-way trip from the amount otherwise
payable under part 70 for such one-way
trip except in limited circumstances,
and had referred in parentheses to the
then-current deductible. This final rule
removes that parenthetical, which no
longer is accurate, and provides a means
for access to what the actual deductibles
are. The Secretary raised the mileage
reimbursement rate for travel under 38
U.S.C. 111 from 11 cents per mile to
28.5 cents per mile effective February 1,
2008, for the reasons stated in a Notice
published in the Federal Register on
February 1, 2008 (73 FR 6291), which
referred to the authority in 38 U.S.C.
111 and the provision in the 2008
Appropriations Act funding an increase
in the beneficiary travel mileage
reimbursement rate to 28.5 cents per
mile. The law requires that whenever
the mileage reimbursement rates are
increased, there must be a proportionate
increase in the deductible amount.
Accordingly, that notice announced an
increase in the deductible, which for a
one-way trip is $7.77. This final rule
reflects in § 70.31(a) a Web site and
offices at which the public can obtain
this and any future change to the
deductible amounts.
The Secretary is authorized to waive
the deductible requirements when the
imposition of the deductible would
cause the beneficiary severe financial
hardship. Proposed § 70.31(c) concerned
implementation of this waiver authority.
We are aware that, in general,
deductibles and other similar cost
sharing requirements constitute a barrier

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to access to care for those with limited
income. Given the significant increase
in the deductible and increasing fuel
costs, many veterans will now
experience financial hardship in
meeting the increased deductible
requirement. Therefore, the Secretary,
acting within his discretionary
authority, has concluded it is necessary
to expand the categories of beneficiaries
who are exempt from the deductible
requirement to ensure their continued
access to VA health care.
Thus, § 70.31 provides that the
following three circumstances will
constitute evidence of severe financial
hardship for purposes of this section: (1)
The beneficiary is in receipt of a VA
pension; (2) the beneficiary has income
for the year prior to the year of
application made pursuant to § 70.20
that does not exceed the household
income threshold determined under 38
U.S.C. 1722(a); or (3) the beneficiary’s
projected income for the year of
application does not exceed the
household income threshold
determined under 38 U.S.C. 1722(a).
In addition, we have added in the
final rule a provision to clarify the
length of time for which a waiver
granted under this section will be valid
and effective. While implicit in both the
current provisions in 38 CFR part 17
and in the proposed rule, we believe it
preferable from a notice perspective to
include this in the actual text of the
regulation. Under the provisions of
§ 70.31(d) in this final rule, waivers
granted under § 70.31(c) will be in
effect: (1) To the end of the calendar
year of the application; or (2) until there
is a change in the beneficiary’s
household income status during the
calendar year of application that results
in the beneficiary no longer meeting the
provisions of § 70.31(c) concerning
severe financial hardship.
We have also changed § 70.31 by
adding paragraph (e), which requires
beneficiaries granted a waiver to
promptly inform VA of any household
income changes during the waiver
period that result in their no longer
meeting the severe financial hardship
provisions of § 70.31(c). This is
intended to ensure that those
beneficiaries receiving a waiver of the
deductible requirement meet eligibility
criteria for it.
We are, where applicable, making
changes in the final rule to display the
approved information collection control
numbers that have been assigned by the
Office of Management and Budget
(OMB). This final rule also makes
changes from the proposed rule by
making a number of minor clarifications
and punctuation corrections.

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Based on the rationale set forth in the
proposed rule and in this document, we
are adopting the provisions of the
proposed rule as a final rule without
change, except as stated above.
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
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 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 and/or materially alter the
budgetary impact of entitlements,
grants, user fees, or loan programs or the
rights and obligations of recipients
thereof.
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
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 rule would have no
such effect on State, local, and tribal
governments, or on the private sector.

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Paperwork Reduction Act of 1995
This final rule contains provisions
that constitute collections of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521). OMB has approved those
collections under control numbers
2900–0080 and 2900–0091. (We
determined that it was not necessary to
obtain OMB approval for the proposed
information collection that was
inadvertently described in the preamble
of the proposed rule as requiring OMB
approval. We did not receive any
comments concerning that proposed
information collection.) We display the
control number under the applicable
sections of the regulations in this final
rule. OMB assigns a control number for
each collection 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.
Regulatory Flexibility Act
VA hereby certifies that the
provisions of the 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. 601–602. This
rule primarily affects individuals and
any effects on small businesses would
be inconsequential. Therefore, pursuant
to 5 U.S.C. 605(b), this rule is exempt
from the initial and final regulatory
flexibility analysis requirement of
sections 603 and 604.

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Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program numbers and titles
are 64.007, Blind Rehabilitation Centers;
64.009, Veterans Medical Care Benefits;
64.010, Veterans Nursing Home Care;
64.011, Veterans Dental Care; 64.013,
Veterans Prosthetic Appliances; 64.018,
Sharing Specialized Medical Resources;
64.019, Veterans Rehabilitation Alcohol
and Drug Dependence; and 64.022,
Veterans Home Based Primary Care.
List of Subjects in 38 CFR Parts 17 and
70
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Foreign relations, Government
contracts, Grant programs—health,
Grant programs—veterans, Health care,
Health facilities, Health professions,
Health records, Homeless, Medical and
dental schools, Medical devices,
Medical research, Mental health
programs, Nursing homes, Philippines,
Reporting and recordkeeping
requirements, Scholarships and

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fellowships, Travel and transportation
expenses, Veterans.
Approved: March 31, 2008.
James B. Peake,
Secretary of Veterans Affairs.

(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)

For the reasons set forth in the
preamble, the Department of Veterans
Affairs amends 38 CFR chapter I as
follows:

■

PART 17—MEDICAL
1. The authority citation for part 17
continues to read as follows:

■

Authority: 38 U.S.C. 501, 1721, and as
stated in specific sections.
§ 17.38

[Amended]

2. In § 17.38, revise paragraph
(a)(1)(xii) to read as follows:

■

§ 17.38

Medical benefits package.

(a) * * *
(1) * * *
(xii) Payment of beneficiary travel as
authorized under 38 CFR part 70.
*
*
*
*
*
§§ 17.143 through 17.145

[Removed]

3. Remove §§ 17.143 through 17.145
and the undesignated center heading
‘‘TRANSPORTATION OF CLAIMANTS
AND BENEFICIARIES’’.
■ 4. Add a new part 70 to read as
follows:
■

PART 70—VHA BENEFICIARY TRAVEL
UNDER 38 U.S.C. 111
Sec.
70.1
70.2
70.3
70.4
70.10
70.20
70.21
70.30
70.31
70.32
70.40
70.41
70.42
70.50

Purpose and scope.
Definitions.
Determination of Secretary.
Criteria for approval.
Eligible persons.
Application.
Where to apply.
Payment principles.
Deductibles.
Reimbursement or prior payment.
Administrative procedures.
Recovery of payments.
False statements.
Reduced fare requests.

Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302.
§ 70.1

Purpose and scope.

(a) This part provides a mechanism
under 38 U.S.C. 111 for the Veterans
Health Administration (VHA) to make
payments for travel expenses incurred
in the United States to help veterans
and other persons obtain care or
services from VHA.
(b) This part does not cover payment
for emergency transportation of veterans
for non-service-connected conditions in
non-VA facilities when the payment for

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transportation is covered by §§ 17.1000
through 17.1008 of this chapter, as
authorized by 38 U.S.C. 1725.

§ 70.2

Definitions.

For purposes of this part:
Attendant means an individual
traveling with a beneficiary who is
eligible for beneficiary travel and
requires the aid and/or physical
assistance of another person.
Beneficiary means a person
determined eligible for VHA benefits.
Claimant means a veteran who
received services (or his/her guardian)
or the hospital, clinic, or community
resource that provided the services, or
the person other than the veteran who
paid for the services.
Clinician means a Physician,
Physician Assistant (PA), Nurse
Practitioner (NP), Psychologist, or other
independent licensed practitioner.
Emergency treatment means treatment
for a condition of such a nature that a
prudent layperson would have
reasonably expected that delay in
seeking immediate medical attention
would have been hazardous to life or
health (this standard would be met if
there were an emergency medical
condition manifesting itself by acute
symptoms of sufficient severity
(including severe pain) that a prudent
layperson who possesses an average
knowledge of health and medicine
could reasonably expect the absence of
immediate medical attention to result in
placing the health of the individual in
serious jeopardy, serious impairment to
bodily functions, or serious dysfunction
of any bodily organ or part).
Irregular discharge means the release
of a competent patient from a VA or VAauthorized hospital, nursing home, or
domiciliary care due to: refusal, neglect
or obstruction of examination or
treatment; leaving without the approval
of the treating health care clinician; or
disorderly conduct and discharge is the
appropriate disciplinary action.
Special mode of transportation means
an ambulance, ambulette, air
ambulance, wheelchair van, or other
mode of transportation specially
designed to transport disabled persons
(this would not include a mode of
transportation not specifically designed
to transport disabled persons, such as a
bus, subway, taxi, train, or airplane). A
modified, privately-owned vehicle, with
special adaptive equipment and/or
capable of transporting disabled persons
is not a special mode of transportation
for the purposes of this part.
United States means each of the
several States, Territories, and

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possessions of the United States, the
District of Columbia, and the
Commonwealth of Puerto Rico.
VA means the Department of Veterans
Affairs.
VA-authorized health care facility
means a non-VA health care facility
where VA has approved care for an
eligible beneficiary at VA expense.
VA facility means VA Medical Center
(VAMC), VA Outpatient Clinic (OPC), or
VA Community Based Outpatient Clinic
(CBOC).
VHA means the Veterans Health
Administration, a principal unit within
VA.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)

will approve payment for the return trip
if VHA actually provided care or
services.
(d) Except as provided in § 70.32
concerning reimbursement or prior
payment, when payment for beneficiary
travel is requested for travel that
includes a special mode of
transportation, VA will approve
payment under this part if:
(1) The travel is medically required,
(2) The beneficiary is unable to defray
the cost of such transportation, and
(3) VHA approved the travel prior to
travel in the special mode of
transportation or the travel was
undertaken in connection with a
medical emergency.

§ 70.3

(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)

Determination of Secretary.

For each fiscal year, the Secretary of
Veterans Affairs will determine whether
funds are available for paying expenses
of VHA beneficiary travel under 38
U.S.C. 111. If the Secretary determines
that funds are available for such
purpose, VA will make payment for
expenses of such travel in accordance
with the provisions of this part.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)

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§ 70.4

Criteria for approval.

(a) VA will approve payment for
beneficiary travel under this part if:
(1) The travel was made to obtain care
or services for a person who is eligible
for beneficiary travel payments under
§ 70.10,
(2) The travel was in connection with
care or services for which such person
was eligible under the laws
administered by VA,
(3) Application was made in
accordance with § 70.20,
(4) All of the requirements of this part
for payment are met, and
(5) Any failure to obtain the care or
services was due to actions by officials
of VA or persons acting on behalf of VA.
(b) When a claimant requests payment
for beneficiary travel after the provision
of care or services and the travel did not
include a special mode of
transportation, VA will approve roundtrip payment under this part only if the
travel was:
(1) In connection with care or services
that were scheduled with VHA prior to
arrival at the VHA-designated facility, or
(2) For emergency treatment.
(c) When a claimant requests payment
for beneficiary travel for care or services
that were not scheduled with VHA prior
to arrival at the facility and were not
emergency treatment and the travel did
not include a special mode of
transportation, VA will not approve
round-trip payment under this part but

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§ 70.10

Eligible persons.

(a) The following listed persons are
eligible for beneficiary travel payments
under this part:
(1) A veteran who travels to or from
a VA facility or VA-authorized health
care facility in connection with
treatment or care for a service-connected
disability (regardless of percent of
disability).
(2) A veteran with a service-connected
disability rated at 30 percent or more
who travels to or from a VA facility or
VA-authorized health care facility for
examination, treatment, or care for any
condition.
(3) A veteran who travels to a VA
facility or VA-authorized health care
facility for a scheduled compensation
and pension examination.
(4) A veteran receiving pension under
38 U.S.C. 1521, who travels to or from
a VA facility or VA-authorized health
care facility for examination, treatment,
or care.
(5) A veteran whose annual income
(as determined under 38 U.S.C. 1503)
does not exceed the maximum annual
rate of pension that the veteran would
receive under 38 U.S.C. 1521 (as
adjusted under 38 U.S.C. 5312) if the
veteran was eligible for pension and
travels to or from a VA facility or VAauthorized health care facility for
examination, treatment, or care.
(6) A veteran who travels to or from
a VA facility or VA-authorized health
care facility for examination, treatment,
or care, and who is unable to defray the
expenses of that travel as defined in
paragraph (c) of this section.
(7) A member of a veteran’s
immediate family, a veteran’s legal
guardian, or a person in whose
household the veteran certifies an
intention to live, if such person is
traveling for consultation, professional
counseling, training, or mental health

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36799

services concerning a veteran who is
receiving care for a service-connected
disability; or a member of a veteran’s
immediate family, if such person is
traveling for bereavement counseling
relating to the death of such veteran in
the active military, naval, or air service
in the line of duty and under
circumstances not due to the veteran’s
own misconduct.
(8) An attendant other than a VA
employee, who is accompanying and
assisting a beneficiary eligible for
beneficiary travel payments under this
section, when such beneficiary is
medically determined to require the
presence of the attendant because of a
physical or mental condition.
(9) Beneficiaries of other Federal
agencies, incident to medical services
rendered upon requests of those
agencies, subject to reimbursement
agreement by those agencies.
(10) Allied beneficiaries as defined by
38 U.S.C. 109 subject to reimbursement
agreement by the government
concerned.
(b) For purposes of this section, the
term ‘‘examination, treatment, or care’’
means the care services provided under
the Medical Benefits Package in § 17.38
of this chapter.
(c) For purposes of this section, a
beneficiary shall be considered unable
to defray the expenses of travel if the
beneficiary:
(1) Has an income for the year (as
defined under 38 U.S.C. 1503)
immediately preceding the application
for beneficiary travel that does not
exceed the maximum annual rate of
pension that the beneficiary would
receive under 38 U.S.C. 1521 (as
adjusted under 38 U.S.C. 5312) if the
beneficiary were eligible for pension
during that year; or
(2) Is able to demonstrate that due to
circumstances such as loss of
employment, or incurrence of a
disability, his or her income in the year
of travel will not exceed the maximum
annual rate of pension that the
beneficiary would receive under 38
U.S.C. 1521 (as adjusted under 38 U.S.C.
5312) if the beneficiary were eligible for
pension; or
(3) Has a service-connected disability
rated at least 30 percent; or
(4) Is traveling in connection with
treatment of a service-connected
disability.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
§ 70.20

Application.

(a) A claimant may apply for
beneficiary travel orally or in writing
but must provide VA the receipt for
each expense other than for mileage.

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(b) A claimant must apply for
payment of beneficiary travel within 30
calendar days after completing
beneficiary travel that does not include
a special mode of transportation.
(c) For beneficiary travel that includes
a special mode of transportation, a
claimant must apply for payment of
beneficiary travel and obtain approval
from VA prior to the travel; however, if
the travel included a special mode of
transportation and the claimant without
prior approval applies for payment of
the beneficiary travel within 30 calendar
days after the travel is completed, the
application will be considered timely
submitted if the travel was for
emergency treatment.
(d) Notwithstanding other provisions
of this section, for travel that includes
meals and/or lodging, a claimant must
apply for and receive approval prior to
obtaining the meals and/or lodging in
order to receive payment in accordance
with § 70.30(a)(3) for the meals and/or
lodging.
(e) If VA determines that additional
information is needed to make a
determination concerning an
application under this part, VA will
notify the claimant in writing of the
deficiency and request additional
information. If the claimant has not
responded to the request within 30
days, VA may decide the claim prior to
the expiration of the 1-year submission
period required by 38 U.S.C. 5103(b)(1)
based on all the information contained
in the file, including any information it
has obtained on behalf of the claimant.
If VA does so, however, and the
claimant subsequently provides the
information within 1 year of the date of
the request, VA must readjudicate the
claim.
(f) Notwithstanding other provisions
of this section, if a person becomes
eligible for payment of beneficiary travel
after the travel takes place, payment
may be made if the person applies for
travel benefits within 30 days of the
date when the person became eligible
for travel benefits.
(g) The date of an application for
beneficiary travel is the postmark date,
if mailed; or the date of submission if
hand delivered, provided by electronic
means, or provided orally.

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(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0080.)
§ 70.21

Where to apply.

Claimants for beneficiary travel must
submit the information required in
§ 70.20 to the Chief of the Business

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Office or other designee at the VA
medical facility responsible for the
medical care or services being provided
and for which travel is required.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
§ 70.30

Payment principles.

(a) Subject to the other provisions of
this section and subject to the
deductibles required under § 70.31, VA
will pay the following for beneficiary
travel by an eligible beneficiary when
travel expenses are actually incurred:
(1) The per mile rate established by
the Secretary for the period of travel for
use of privately owned vehicle or the
actual cost for use of the most
economical common carrier (bus, train,
taxi, airplane, etc.), for travel to and
from VA or VA-authorized health care
subject to the following:
(i) Travel by a privately owned
vehicle for a compensation and pension
examination that is solely for the
convenience of the Government (e.g.,
repeat a laboratory test, redo a poor
quality x-ray) may have a different per
mile rate if deemed appropriate by the
Secretary.
(ii) Per mile payment for use of
privately owned vehicle may not exceed
the cost of such travel by public
transportation (even if it is for the
convenience of the government) unless
determined to be medically necessary.
(iii) Payment for a common carrier
may not exceed the amount allowed for
a privately owned vehicle unless travel
by a privately owned vehicle is not
reasonably accessible or travel by a
common carrier is determined to be
medically necessary.
(iv) As required by law, each time the
Federal government makes a change in
mileage rates payable under 5 U.S.C.
5702 and 5704 for Federal employee
travel by privately owned vehicle, but
not less frequently than annually, the
Secretary shall conduct an investigation
of the actual costs of travel, including
lodging and subsistence. In conducting
the investigation, the Secretary shall
consult with the Administrator of the
General Services Administration, the
Secretary of Transportation, the
Comptroller General of the United
States, and veterans’ service
organizations. As part of the
investigation, the Secretary shall review
and consider various factors including
vehicle depreciation, State and Federal
vehicle taxes and the costs of gasoline,
oil, maintenance, accessories, parts,
tires, and insurance. However, to the
extent that the Administrator of General
Services has, within a reasonable period
of time, conducted an investigation of
travel costs that included the factors

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described in this paragraph, the
Secretary may consider that
investigation in lieu of conducting a
separate investigation with respect to
the findings of those individual factors.
The Secretary is not obligated to accept
or rely on any conclusions of the
Administrator’s investigation. Based on
the investigation required by this
subsection, VA shall determine whether
there is a need to change the mileage
rates payable under paragraph (a) of this
section. If a determination is made that
a change is warranted the new rate(s)
will be published in the notices section
of the Federal Register. Current rate(s)
can be found at http://www.va.gov/
healtheligibility/Library/pubs/
BeneficiaryTravel/BeneficiaryTravel.pdf
or by contacting the Beneficiary Travel
office at the closest VA health care
facility.
(2) The actual cost of ferry fares,
bridge tolls, road tolls, and tunnel tolls
(supported by receipts for such
expenses as required by § 70.20(a)).
(3) The actual cost for meals, lodging,
or both, not to exceed 50 percent of the
amount allowed for government
employees under 5 U.S.C. 5702, when
VA determines that an overnight stay is
required. Factors VA may consider in
making that determination include, but
are not limited to the following:
(i) The distance the veteran must
travel.
(ii) The time of day when VA
scheduled the veteran’s appointment.
(iii) The weather conditions or
congestion conditions affecting the
travel.
(iv) The veteran’s medical condition
and its impact on the ability to travel.
(4) The actual cost of a special mode
of transportation.
(b) Payments under this section are
subject to the following:
(1) Except as otherwise allowed under
this section, payment is limited to travel
from the beneficiary’s residence to the
nearest VA facility where the care or
services could be provided and from
such VA facility to the beneficiary’s
residence.
(2) Payment may be made for travel
from the beneficiary’s residence to the
nearest non-VA facility where the care
or services could be provided and from
such facility to the beneficiary’s
residence if VA determines that it is
necessary to obtain the care or services
at a non-VA facility.
(3) Payment may be made for travel
from or to a place where the beneficiary
is staying (if the beneficiary is not
staying at the beneficiary’s residence)
but the payment may not exceed the
amount that would be payable for travel

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under paragraph (b)(1) or (b)(2) of this
section, as applicable.
(4) If the beneficiary’s residence
changed while receiving care or
services, payment for the return trip will
be for travel to the new residence,
except that payment may not exceed the
amount that would be allowed from the
facility where the care or services could
have been provided that is nearest to the
new residence (for example, if during a
period of care or services in Baltimore,
a beneficiary changed his or her address
from Baltimore to Detroit, payment for
the return trip would be limited to that
allowed for traveling to the new
residence from the nearest facility to the
new residence in Detroit where the care
or services could have been provided).
(5) If the beneficiary is in a terminal
condition at a VA facility or other
facility under VA auspices and travels
to a non-VA medical facility for the
purpose of being nearer to his or her
residence, payment may be made for
travel to the medical facility receiving
the beneficiary for such purpose.
(6) Payment may be made for travel
from a non-VA health care facility
where the beneficiary is receiving care
or services to the nearest VA facility
where the appropriate care or services
could be provided.
(7) Payment will not be made for
return travel for a beneficiary receiving
an irregular discharge.
(8) On a case-by-case basis, payment
for travel may be paid for any distance
if it is financially favorable to the
government (for example, payment for
travel could be allowed to a more
distant nursing home when admission
to that nursing home is a prerequisite to
qualify for community assistance that
would more than offset the additional
travel payment).
(c) Payment for travel of an attendant
under this section will be calculated on
the same basis as for the beneficiary.
(d) For shared travel in a privatelyowned vehicle, payments are limited to
the amount for one beneficiary (for
example, if a beneficiary and an
attendant travel in the same automobile
or if two beneficiaries travel in the same
automobile, the amount for mileage will
be limited to the amount for one
beneficiary).
(e) Beneficiary travel will not be paid
under the following circumstances:
(1) The payment of the travel
allowance would be counterproductive
to the therapy being provided and such
determination is recorded in the
patient’s medical records, and
(2) The chief of the service or a
designee reviewed and approved the
determination by signature in the
patient’s medical record.

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(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
§ 70.31

Deductibles.

(a) VA shall deduct an amount
established by the Secretary for each
one-way trip from the amount otherwise
payable under this part for such oneway trip, except that:
(1) VA shall not deduct any amounts
in a calendar month after the
completion of six one-way trips for
which deductions were made in such
calendar month, and
(2) Whenever the Secretary adjusts the
mileage rates as a result of the
investigation described in
§ 70.30(a)(1)(iv), the Secretary shall,
effective on the date such mileage rate
change should occur, adjust
proportionally the deductible amount in
effect at the time of the adjustment. If a
determination is made that a change is
warranted, the new deductible(s) will be
published in the notice section of the
Federal Register. Current deductible(s)
can be found at http://www.va.gov/
healtheligibility/Library/pubs/
BeneficiaryTravel/BeneficiaryTravel.pdf
or by contacting the Beneficiary Travel
office at the closest VA health care
facility.
(b) The provisions under this section
for making deductions shall not apply
to:
(1) Travel that includes travel by a
special mode of transportation,
(2) Travel to a VA facility for a
scheduled compensation and pension
examination, and
(3) Travel by a non-veteran.
(c) VA shall waive the deductible
under this section when it would cause
the beneficiary severe financial
hardship. For purposes of this section,
severe financial hardship occurs if the
beneficiary:
(1) Is in receipt of a VA pension;
(2) Has income for the year prior to
the year in which application is made
pursuant to § 70.20 that does not exceed
the household income threshold
determined under 38 U.S.C. 1722(a) (the
current income thresholds can be found
at http://www.va.gov/healtheligibility/
Library/pubs/VAIncomeThresholds/
VAIncomeThresholds.pdf); or
(3) Has circumstances in the year the
application is made pursuant to § 70.20
that cause his or her projected income
not to exceed the household income
threshold determined under 38 U.S.C.
1722(a).
(d) Waivers granted under this section
are valid:
(1) Through the end of the calendar
year of the application made pursuant to
§ 70.20; or
(2) Until there is a change in the
beneficiary’s household income during

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36801

the calendar year of the application
made pursuant to § 70.20 that results in
the beneficiary no longer meeting the
terms of paragraph (c) of this section.
(e) A beneficiary granted a waiver
under this section must promptly
inform VA of any household income
status change during the waiver period
that results in the beneficiary no longer
meeting the terms of paragraph (c) of
this section.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
number 2900–0091.)
§ 70.32

Reimbursement or prior payment.

(a) Payment will be made on a
reimbursement basis after the travel has
occurred, except that:
(1) Upon completion of examination,
treatment, or care, payment may be
made before the return travel has
occurred, and
(2) In the case of travel by a person
to or from a VA facility by special mode
of transportation, VA may provide
payment for beneficiary travel to the
provider of the transportation before
determining eligibility of such person
for such payment if VA determines that
the travel is for emergency treatment
and the beneficiary or other person
made a claim that the beneficiary is
eligible for payment for the travel.
(b) Payment under this part will be
made to the beneficiary, except that VA
may make a beneficiary travel payment
under this part to a person or
organization other than the beneficiary
upon satisfactory evidence that the
person or organization actually
provided or paid for the travel.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
§ 70.40

Administrative procedures.

Upon denial of an initial claim for
beneficiary travel, VA will provide the
claimant written notice of the decision
and advise the claimant of
reconsideration and appeal rights. A
claimant who disagrees with the initial
decision denying the claim for
beneficiary travel, in whole or in part,
may obtain reconsideration under
§ 17.133 of this chapter and may file an
appeal to the Board of Veterans’
Appeals under parts 19 and 20 of this
chapter. An appeal may be made
directly to the Board of Veterans’
Appeals without requesting
reconsideration.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)

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Federal Register / Vol. 73, No. 126 / Monday, June 30, 2008 / Rules and Regulations
Recovery of payments.

Payments for beneficiary travel made
to persons ineligible for such payment
are subject to recapture under
applicable law, including the provisions
of §§ 1.900 through 1.953 of this
chapter.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
§ 70.42

False statements.

A person who makes a false statement
for the purpose of obtaining payments
for beneficiary travel may be prosecuted
under applicable laws, including 18
U.S.C. 1001.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
§ 70.50

Reduced fare requests.

Printed reduced-fare requests for use
by eligible beneficiaries and their
attendants when traveling at their own
expense to or from any VA facility or
VA-authorized facility for authorized
VA health care are available from any
VA medical facility. Beneficiaries may
use these request forms to ask
transportation providers, such as bus
companies, for a reduced fare. Whether
to grant a reduced fare is determined by
the transportation provider.
(Authority: 38 U.S.C. 101, 111, 501, 1701,
1714, 1720, 1728, 1782, 1783, E.O. 11302)
[FR Doc. E8–14722 Filed 6–27–08; 8:45 am]
BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2008–0183; FRL–8685–5]

Approval and Promulgation of Air
Quality Implementation Plans;
Pennsylvania; Section 110(a)(1) 8-Hour
Ozone Maintenance Plan and 2002
Base-Year Inventory for the Warren
County Area
Environmental Protection
Agency (EPA).
ACTION: Final rule.

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AGENCY:

SUMMARY: EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Pennsylvania. The Pennsylvania
Department of Environmental Protection
(PADEP) submitted a SIP revision
consisting of a maintenance plan that
provides for continued attainment of the
8-hour ozone national ambient air
quality standard (NAAQS) for at least 10
years after the April 30, 2004
designations, as well as a 2002 base-year
inventory for the Warren County Area.

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EPA is approving the maintenance plan
and the 2002 base-year inventory for the
Warren County Area as revisions to the
Pennsylvania SIP in accordance with
the requirements of the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is
effective on July 30, 2008.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2008–0183. All
documents in the docket are listed in
the http://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
http://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Pennsylvania
Department of Environment Protection,
Bureau of Air Quality Control, P.O. Box
8468, 400 Market Street, Harrisburg,
Pennsylvania 17105.
FOR FURTHER INFORMATION CONTACT:
Gregory Becoat, (215) 814–2036, or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On May 1, 2008 (73 FR 23998), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Pennsylvania. The
NPR proposed approval of
Pennsylvania’s SIP revision that
establishes a maintenance plan for the
Warren County Area that provides for
continued attainment of the 8-hour
ozone NAAQS for at least 10 years after
designation, and a 2002 base-year
emissions inventory. The formal SIP
revisions were submitted by PADEP on
December 17, 2007. Other specific
requirements of Pennsylvania’s SIP
revision and the rationales for EPA’s
proposed actions are explained in the
NPR and will not be restated here. No
public comments were received on the
NPR.
II. Final Action
EPA is approving the maintenance
plan and the 2002 base-year inventory
for the Warren County Area, submitted
on December 17, 2007, as revisions to

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the Pennsylvania SIP. EPA is approving
the maintenance plan and 2002 baseyear inventory for the Warren County
Area because it meets the requirements
of section 110(a)(1) of the CAA.
III. Statutory and Executive Order
Reviews
A. General Requirements
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, EPA’s role is to approve
state choices, provided that they meet
the criteria of the Clean Air Act.
Accordingly, this action merely
approves state law as meeting Federal
requirements and does not impose
additional requirements beyond those
imposed by state law. For that reason,
this action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Order 12866 (58 FR 51735,
October 4, 1993);
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the Clean Air Act;
and
• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).

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