30-day FRN - CHAMPVA Benefits Forms - 2900-0219 - pub Sep 2021

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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices

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Because the label is located on the tire
sidewall, it is not likely to be
misidentified. A reader will be able to
read the date code, by spinning the tire,
and therefore inverting the date code
will allow it to easily be read.
The petitioner argues that, as with the
Cooper tires, the date code on the
subject tires is located on the sidewall,
is not likely to be misidentified, and a
reader will be able to read and
understand the date code. Hankook
communicated in an email to the agency
on November 19, 2020, that a partial
TIN is labeled on at least one sidewall
of the tire. The subject tires otherwise
meet the marking and performance
requirements of FMVSS No. 139.
4. Hankook is not aware of any
complaints, claims, or incidents related
to the subject noncompliance.
Hankook concludes that the subject
noncompliance is inconsequential as it
relates to motor vehicle safety, and that
its petition to be exempted from
providing notification of the
noncompliance, as required by 49
U.S.C. 30118, and a remedy for the
noncompliance, as required by 49
U.S.C. 30120, should be granted.
VI. NHTSA’s Analysis: In evaluating
this tire labeling noncompliance issue,
NHTSA considered if the incorrectly
marked date code could mislead a
consumer about the actual age of the tire
or make it difficult to correctly
determine if the tire has been recalled.
The burden of establishing the
inconsequentiality of a failure to comply
with a performance requirement in a
standard—as opposed to a labeling
requirement with no performance
implications—is more substantial and
difficult to meet. Accordingly, the
Agency has not found many such
performance-related noncompliances
inconsequential.1 Potential performance
failures of safety-critical equipment, like
seat belts or air bags, are rarely deemed
inconsequential.
An important issue to consider in
determining inconsequentiality is the
safety risk to individuals who
experience the type of event against
which the recall would otherwise
protect.2 In general, NHTSA does not
1 Cf. Gen. Motors Corporation; Ruling on Petition
for Determination of Inconsequential
Noncompliance, 69 FR 19897, 19899 (Apr. 14,
2004) (citing prior cases where noncompliance was
expected to be imperceptible, or nearly so, to
vehicle occupants or approaching drivers).
2 See Gen. Motors, LLC; Grant of Petition for
Decision of Inconsequential Noncompliance, 78 FR
35355 (June 12, 2013) (finding noncompliance had
no effect on occupant safety because it had no effect
on the proper operation of the occupant
classification system and the correct deployment of
an air bag); Osram Sylvania Prods. Inc.; Grant of
Petition for Decision of Inconsequential

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consider the absence of complaints or
injuries to show that the issue is
inconsequential to safety. ‘‘Most
importantly, the absence of a complaint
does not mean there have not been any
safety issues, nor does it mean that there
will not be safety issues in the future.’’ 3
‘‘[T]he fact that in past reported cases
good luck and swift reaction have
prevented many serious injuries does
not mean that good luck will continue
to work.’’ 4
Arguments that only a small number
of vehicles or items of motor vehicle
equipment are affected have also not
justified granting an inconsequentiality
petition.5 Similarly, NHTSA has
rejected petitions based on the assertion
that only a small percentage of vehicles
or items of equipment are likely to
actually exhibit a noncompliance. The
percentage of potential occupants that
could be adversely affected by a
noncompliance does not determine the
question of inconsequentiality. Rather,
the issue to consider is the consequence
to an occupant who is exposed to the
consequence of that noncompliance.6
These considerations are also relevant
when considering whether a defect is
inconsequential to motor vehicle safety.
In the instant case, the date code
required by FMVSS No. 139 is properly
located in the right-most position and
shows the correct week and year of
manufacture but has been imprinted
upside-down, and the upside-down font
Noncompliance, 78 FR 46000 (July 30, 2013)
(finding occupant using noncompliant light source
would not be exposed to significantly greater risk
than occupant using similar compliant light
source).
3 Morgan 3 Wheeler Limited; Denial of Petition for
Decision of Inconsequential Noncompliance, 81 FR
21663, 21666 (Apr. 12, 2016).
4 United States v. Gen. Motors Corp., 565 F.2d
754, 759 (D.C. Cir. 1977) (finding defect poses an
unreasonable risk when it ‘‘results in hazards as
potentially dangerous as sudden engine fire, and
where there is no dispute that at least some such
hazards, in this case fires, can definitely be
expected to occur in the future’’).
5 See Mercedes-Benz, U.S.A., L.L.C.; Denial of
Application for Decision of Inconsequential
Noncompliance, 66 FR 38342 (July 23, 2001)
(rejecting argument that noncompliance was
inconsequential because of the small number of
vehicles affected); Aston Martin Lagonda Ltd.;
Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 41370 (June 24, 2016)
(noting that situations involving individuals
trapped in motor vehicles—while infrequent—are
consequential to safety); Morgan 3 Wheeler Ltd.;
Denial of Petition for Decision of Inconsequential
Noncompliance, 81 FR 21663, 21664 (Apr. 12,
2016) (rejecting argument that petition should be
granted because the vehicle was produced in very
low numbers and likely to be operated on a limited
basis).
6 See Gen. Motors Corp.; Ruling on Petition for
Determination of Inconsequential Noncompliance,
69 FR 19897, 19900 (Apr. 14, 2004); Cosco Inc.;
Denial of Application for Decision of
Inconsequential Noncompliance, 64 FR 29408,
29409 (June 1, 1999).

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cannot be confused with right-side up
font. If a consumer reads the label as it
is, the fact that the date code is inverted
would become self-evident. In such a
case, it would not be difficult to rotate
the tire to a position where the code
could be read and deciphered. The tire’s
age would then be available as needed
and the tire could also be identified if
recalled.
VII. NHTSA’s Decision: In
consideration of the foregoing, NHTSA
finds that Hankook has met its burden
of persuasion that the subject FMVSS
No. 139 noncompliance is
inconsequential as it relates to motor
vehicle safety. Accordingly, Hankook’s
petition is hereby granted, and Hankook
is exempted from the obligation of
providing notification of, and a remedy
for, the noncompliance under 49 U.S.C.
30118 and 30120.
NHTSA notes that the statutory
provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to
file petitions for a determination of
inconsequentiality allow NHTSA to
exempt manufacturers only from the
duties found in sections 30118 and
30120, respectively, to notify owners,
purchasers, and dealers of a defect or
noncompliance and to remedy the
defect or noncompliance. Therefore, this
decision only applies to the subject tires
that Hankook no longer controlled at the
time it determined that the
noncompliance existed. However, the
granting of this petition does not relieve
tire distributors and dealers of the
prohibitions on the sale, offer for sale,
or introduction or delivery for
introduction into interstate commerce of
the noncompliant tires under their
control after Hankook notified them that
the subject noncompliance existed.
(Authority: 49 U.S.C. 30118, 30120:
delegations of authority at 49 CFR 1.95 and
501.8)
Otto G. Matheke, III,
Director, Office of Vehicle Safety Compliance.
[FR Doc. 2021–18953 Filed 9–1–21; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF VETERANS
AFFAIRS
[OMB Control No. 2900–0219]

Agency Information Collection Activity
Under OMB Review: CHAMPVA
Benefits—Application, Claim, Other
Health Insurance, Potential Liability &
Miscellaneous Expenses
Veterans Health
Administration, Department of Veterans
Affairs.

AGENCY:

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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices
ACTION:

Notice.

In compliance with the
Paperwork Reduction Act (PRA) of
1995, this notice announces that the
Veterans Health Administration,
Department of Veterans Affairs, will
submit the collection of information
abstracted below to the Office of
Management and Budget (OMB) for
review and comment. The PRA
submission describes the nature of the
information collection and its expected
cost and burden and it includes the
actual data collection instrument.
DATES: Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to www.reginfo.gov/public/do/
PRAMain. Find this particular
information collection by selecting
‘‘Currently under 30-day Review—Open
for Public Comments’’ or by using the
search function. Refer to ‘‘OMB Control
No. 2900–0219.
FOR FURTHER INFORMATION CONTACT:
Maribel Aponte, Office of Enterprise
and Integration, Data Governance
Analytics (008), 1717 H Street NW,
Washington, DC 20006, (202) 266–4688
or email maribel.aponte@va.gov. Please
refer to ‘‘OMB Control No. 2900–0219’’
in any correspondence.
SUPPLEMENTARY INFORMATION:
Authority: 44 U.S.C. 3501–21.
Title: CHAMPVA Benefits—
Application, Claim, Other Health
Insurance, Potential Liability &
Miscellaneous Expenses.
OMB Control Number: 2900–0219.
Type of Review: Reinstatement with
change of a previously approved
collection.
Abstract: This information collection
includes several forms, as well as a
review and appeal process, which are
used to administer the Civilian Health
And Medical Program of the Department
of Veterans Affairs (CHAMPVA).
VA Form 10–10d: Application for
CHAMPVA Benefits
VA Form 10–7959a: CHAMPVA Claim
Form
VA Form 10–7959c: CHAMPVA Other
Health Insurance (OHI) Certification
VA Form 10–7959d: CHAMPVA
Potential Liability Claim
VA Form 10–7959e: VA Claim for
Miscellaneous Expenses
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SUMMARY:

Review and Appeal Process
Clinical Review
a. VA Form 10–10d, Application for
CHAMPVA Benefits, is used to

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determine eligibility of persons
applying for healthcare benefits under
the CHAMPVA program in accordance
with 38 U.S.C. 501 and 1781.
b. VA Form 10–7959a, CHAMPVA
Claim Form, is used to adjudicate
claims for CHAMPVA benefits in
accordance with 38 U.S.C. Sections 501
and 1781, and 10 U.S.C. Sections 1079
and 1086. This information is required
for accurate adjudication and processing
of beneficiary submitted claims. The
claim form is also instrumental in the
detection and prosecution of fraud. In
addition, the claim form is the only
mechanism to obtain, on an interim
basis, other health insurance (OHI)
information.
c. VA Form 10–7959c, CHAMPVA
Other Health Insurance (OHI)
Certification, is used to systematically
obtain OHI information and to correctly
coordinate benefits among all liable
parties. Except for Medicaid and health
insurance policies that are purchased
exclusively for the purpose of
supplementing CHAMPVA benefits,
CHAMPVA is always the secondary
payer of healthcare benefits (38 U.S.C.
501 and 1781, and 10 U.S.C. 1086).
d. VA Form 10–7959d, CHAMPVA
Potential Liability Claim, provides basic
information from which potential third
party liability can be assessed. The
Federal Medical Care Recovery Act (42
U.S.C. 2651–2653) mandates recovery of
costs associated with healthcare services
related to an injury/illness caused by a
third party. Additional authority
includes 38 U.S.C. 501; 38 CFR 1.900 et
seq.; 10 U.S.C. 1079 and 1086; 42 U.S.C.
2651–2653; and Executive Order 9397.
e. VA Form 10–7959e, VA Claim for
Miscellaneous Expenses, is used to
adjudicate claims for certain children of
Korea and/or Vietnam veterans
authorized under 38 U.S.C., chapter 18,
as amended by section 401, Public Law
106–419 and section 102, Public Law
108–183. VA’s medical regulations 38
CFR part 17 (17.900 through 17.905)
establish regulations regarding
provision of health care for certain
children of Korea and Vietnam veterans
and women Vietnam veterans’ children
born with spina bifida and certain other
covered birth defects. These regulations
also specify the information to be
included in requests for
preauthorization and claims from
approved health care providers.
f. Review and Appeal Process pertains
to the approval of health care, or
approval for payment relating to the
provision of health care, under the
Veteran Family Member Programs. The

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provisions of chapter 51 of 38 U.S.C. or
38 CFR 17.276 and 38 CFR 17.904
establish a review process regarding
disagreements by an eligible beneficiary
of a Veteran Family Member Program,
provider, Veteran, or other
representative of the Veteran or
beneficiary with a determination
concerning provision of health care or a
health care provider’s disagreement
with a determination regarding
payment. The person or entity
requesting reconsideration of such
determination is required to submit
such a request in writing. If such person
or entity remains dissatisfied with the
reconsideration determination, the
person or entity is permitted to submit
a written request for additional review.
g. Clinical Review pertains to the
requirement of VHA to preauthorize
certain medical services under 38 CFR
17.273 and 38 CFR 17.902. Clinical
review determines if services are
medically necessary and appropriate to
allow under the Veteran Family Member
Programs. The person requesting the
services must submit medical
documentation or applicable supporting
material for review.
An agency 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. The Federal Register
Notice with a 60-day comment period
soliciting comments on this collection
of information was published at: 86 FR
105 on June 3, 2021, pages 29883 and
29884.
Affected Public: Individuals and
households.
Estimated Annual Burden: 34,548
total hours.
VA Form 10–10d—8,963 hours.
VA Form 10–7959a—9,167 hours.
VA Form 10–7959c—8,947 hours.
VA Form 10–7959d—239 hours.
VA Form 10–7959e—200 hours.
Review and Appeal Process—6,255
hours.
Clinical Review—777 hours.
Estimated Average Burden per
Respondent:
VA Form 10–10d—10 minutes.
VA Form 10–7959a—10 minutes.
VA Form 10–7959c—10 minutes.
VA Form 10–7959d—7 minutes.
VA Form 10–7959e—15 minutes.
Review and Appeal Process—30
minutes.
Clinical Review—20 minutes.
Frequency of Response: Once
annually.

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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Notices

Estimated Number of Respondents:
180,142 total.
VA Form 10–10d—53,775.
VA Form 10–7959a—55,000.
VA Form 10–7959c—53,680.

VA Form 10–7959d—2,045.
VA Form 10–7959e—800.
Review and Appeal Process—12,510.
Clinical Review—2,332.

By direction of the Secretary.
Dorothy Glasgow,
VA PRA Clearance Officer, Alt. Office of
Enterprise and Integration, Data Governance
Analytics, Department of Veterans Affairs.
[FR Doc. 2021–18952 Filed 9–1–21; 8:45 am]

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