9646 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

Dated: December 23, 2010. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

For the reasons set out in the 

preamble, 30 CFR Part 901 is amended 

as set forth below: 

PART 901—ALABAMA 

■ 1. The authority citation for Part 901 

continues to read as follows: 

Authority: 30 U.S.C. 1201 et seq. 

■ 2. Section 901.15 is amended in the 

table by adding a new entry in 

chronological order by ‘‘Date of final 

publication’’ to read as follows: 

§ 901.15 Approval of Alabama regulatory 

program amendments. 

* * * * * 

Original amendment 

submission date 

Date of final 

publication Citation/description 

*******

January 5, 2010 ................... February 22, 2011 .............. ASMCRA sections 9–16–73; 9–16–74; 9–16–77; 9–16–78; 9–16–81(a) through (d) 

and (f); and 9–16–93(b) through (f). 

[FR Doc. 2011–3907 Filed 2–18–11; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100, 117, 147, and 165 

[USCG–2010–0399] 

Quarterly Listings; Safety Zones, 

Security Zones, Special Local 

Regulations, Drawbridge Operation 

Regulations and Regulated Navigation 

Areas 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of expired temporary 

rules issued; correction. 

SUMMARY: The Coast Guard published a 

document in the Federal Register of 

February 9, 2011, concerning the 

expiration of temporary rules. The 

document contained an incorrect docket 

number. 

DATES: Effective February 22, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

questions on this notice contact Yeoman 

First Class Denise Johnson, Office of 

Regulations and Administrative Law, 

telephone (202) 372–3862. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of February 9, 

2011, in FR Vol. 76, No. 27, on page 

7107, in the second column, correct the 

docket number [USCG–2011–0399] to 

read [USCG–2010–0399]. 

Dated: February 10, 2011. 

K.A. Sinniger, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2011–3867 Filed 2–18–11; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN65 

Copayments for Medications After 

June 30, 2010 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document affirms as 

final an interim final rule that froze 

until January 1, 2012, the copayment 

required for certain medications. Under 

those amendments, the copayment 

amount for veterans in the Department 

of Veterans Affairs (VA) health care 

system, enrollment priority categories 2 

through 6, will remain at $8 and the 

copayment amount for veterans in 

enrollment priority categories 7 and 8 

will remain at $9. The maximum annual 

copayment amount will also not 

increase. On January 1, 2012, the 

copayment amounts will increase based 

on the prescription drug component of 

the Medical Consumer Price Index (CPI– 

P). When the copayment increases, the 

maximum annual copayment amount 

automatically increases in turn. 

DATES: Effective Date: This rule is 

effective on February 22, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Roscoe Butler, Acting Director, Business 

Policy, Chief Business Office, 810 

Vermont Avenue, Washington, DC 

20420, 202–461–1586. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 1722A(a), VA must require 

veterans to pay a $2 copayment for each 

30-day supply of medication furnished 

on an outpatient basis for the treatment 

of a nonservice-connected disability or 

condition. Under 38 U.S.C. 1722A(b), 

VA may, by regulation, increase that 

copayment and establish a maximum 

annual copayment (a ‘‘cap’’). We 

interpret section 1722A(b) to mean that 

VA has discretion to determine the 

appropriate copayment amount and 

annual cap amount for medication 

furnished on an outpatient basis for 

covered treatment, provided that any 

decision by VA to increase the 

copayment amount or annual cap 

amount is the subject of a rulemaking 

proceeding. We have implemented this 

statute in 38 CFR 17.110. 

On June 9, 2010, we published a final 

rule that affirmed as final an interim 

final rule that amended § 17.110 to 

‘‘freeze’’ at $8 the copayment required 

for prescription medications through 

June 30, 2010. 75 FR 32668. Also on 

June 9, 2010, we published an interim 

final rule amending § 17.110 such that 

the copayment amounts are fixed at $8 

for veterans in enrollment priority 

categories 2 through 6 of VA’s health 

care system, and at $9 for veterans in 

priority categories 7 and 8 through 

December 31, 2011. 75 FR 32670. Any 

changes to these copayment amounts 

that would take effect after December 

31, 2011, would be based on changes to 

the CPI–P, as described in 

§ 17.110(b)(1)(iv). 

In addition, § 17.110(b)(2) includes a 

cap on the total amount of copayments 

in a calendar year for a veteran enrolled 

in one of VA’s health care enrollment 

system priority categories 2 through 6. 

The amount of the cap for the period 

from January 1, 2010, through December 

31, 2011 is fixed at $960. Also under 

paragraph (b)(2), the ‘‘cap of $960 shall 

be increased by $120 for each $1 

increase in the copayment amount.’’ 

In the June 9, 2010, interim final rule, 

we cited the previous interim final rule 

published on December 31, 2009 

(adopted without change as a final rule 

on June 9, 2010 (75 FR 32668)), in 

which we stated that we had concerns 

about increasing copayments under the 

methodology in current 38 CFR 

17.110(b)(1)(iv). 75 FR 32670. We stated 

that we needed ‘‘time to determine 

whether an increase [in copayments] 

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