Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 11337 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port, Sector Lake Michigan, to act 

on his or her behalf. The on-scene 

representative of the Captain of the Port, 

Sector Lake Michigan, will be in the 

vicinity of the safety zone and will have 

constant communications with the 

involved safety vessels which will be 

provided by the contracting company. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative to obtain permission to 

do so. The Captain of the Port, Sector 

Lake Michigan, or his or her on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port, Sector Lake Michigan, or his 

or her on-scene representative. 

Dated: February 18, 2011. 

L. Barndt, 

Captain, U.S. Coast Guard. Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2011–4631 Filed 3–25–11; 4:15 pm] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2011–0091] 

RIN 1625–AA00 

Safety Zone; Chicago Harbor, Navy 

Pier Southeast, Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Navy Pier Southeast Safety Zone in 

Chicago Harbor on the evening of March 

12, 2011. This action is necessary and 

intended to ensure safety of life on the 

navigable waters of the United States 

immediately prior to, during, and 

immediately after fireworks events. This 

rule will establish restrictions upon, and 

control movement of, vessels in a 

specified area immediately prior to, 

during, and immediately after fireworks 

events. During the enforcement period, 

no person or vessel may enter the safety 

zone without the permission of the 

Captain of the Port, Sector Lake 

Michigan. 

DATES: The regulations in 33 CFR 

165.931 will be enforced from 6:45 p.m. 

to 7:15 p.m. on March 12, 2011. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or e-mail BM1 Adam Kraft, Prevention 

Department, Coast Guard Sector Lake 

Michigan, Milwaukee, WI at 414–747– 

7154 or Adam.D.Kraft@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone; 33 

CFR 165.931—Chicago Harbor, Navy 

Pier Southeast, Chicago, IL for the 

following event: 

(1) Navy Pier Fireworks; March 12, 

2011 from 6:45 p.m. through 7:15 p.m. 

All vessels must obtain permission 

from the Captain of the Port, Sector Lake 

Michigan, or his or her on-scene 

representative to enter, move within, or 

exit the safety zone. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port, 

Sector Lake Michigan, or his or her onscene representative. While within a 

safety zone, all vessels shall operate at 

the minimum speed necessary to 

maintain a safe course. 

This notice is issued under authority 

of 33 CFR 165.931 Safety Zone, Chicago 

Harbor, Navy Pier Southeast, Chicago IL 

and 5 U.S.C. 552(a). In addition to this 

notice in the Federal Register, the Coast 

Guard will provide the maritime 

community with advance notification of 

this enforcement period via broadcast 

Notice to Mariners or Local Notice to 

Mariners. The Captain of the Port, 

Sector Lake Michigan, will issue a 

Broadcast Notice to Mariners notifying 

the public when enforcement of the 

safety zone established by this section is 

suspended. If the Captain of the Port, 

Sector Lake Michigan, determines that 

the safety zone need not be enforced for 

the full duration stated in this notice, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the safety zone. The Captain of the 

Port, Sector Lake Michigan, or his or her 

on-scene representative may be 

contacted via VHF Channel 16. 

Dated: February 18, 2011. 

L. Barndt, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Lake Michigan. 

[FR Doc. 2011–4714 Filed 3–1–11; 8:45 am] 

BILLING CODE 9110–04–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

36 CFR Part 1281 

[NARA–07–0005] 

RIN 3095–AA82 

Presidential Library Facilities; 

Correction 

AGENCY: National Archives and Records 

Administration. 

ACTION: Correcting amendments. 

SUMMARY: This document contains a 

correction to regulations related to 

architectural and design standards for 

Presidential libraries and information 

required in NARA’s reports to Congress 

before accepting title to or entering into 

an agreement to use land, a facility, and 

equipment as a Presidential library. 

DATES: This regulation is effective 

March 2, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Laura McCarthy at (301) 837–3023. 

SUPPLEMENTARY INFORMATION: 

In the final regulations (NARA–07– 

0005) published in the Federal Register 

on Tuesday, June 17, 2008 (73 FR 

34197) that are the subject of this 

correction, NARA adopted and 

incorporated by reference ANSI/BOMA 

Z65.1–1996 as the standard for 

measuring the square footage of a 

Presidential library facility and the 

value for calculating the endowment. 

The standard was incorrectly listed in 

§ 1281.2(b)(1) as being referenced in 

§§ 1281.3 and 1281.8; the correct 

references are §§ 1281.3 and 1281.16. 

List of Subjects in 36 CFR Part 1281 

Archives and records, Federal 

buildings and facilities, Incorporation 

by reference, Reporting and 

recordkeeping. 

Accordingly, 36 CFR part 1281 is 

corrected by making the following 

correcting amendment: 

PART 1281—PRESIDENTIAL LIBRARY 

FACILITIES 

■ 1. The authority citation for part 1281 

continues to read as follows: 

Authority: U.S.C. 2104(a), 2112. 

■ 2. Revise § 1281.2(b)(1) to read as 

follows: 

§ 1281.2 What publications are 

incorporated by reference? 

* * * * * 

(b) * * * 

(1) ANSI/BOMA Z65.1–1996, 

Standard Method for Measuring Floor 

Areas in Office Buildings (the BOMA 

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11338 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 

Standard), approved June 7, 1996; IBR 

approved for §§ 1281.3, and 1281.16. 

* * * * * 

Dated: February 24, 2011. 

David S. Ferriero, 

Archivist of the United States. 

[FR Doc. 2011–4612 Filed 3–1–11; 8:45 am] 

BILLING CODE 7515–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN41 

Hospital and Outpatient Care for 

Veterans Released From Incarceration 

to Transitional Housing 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document affirms as 

final a proposed rule that amends the 

Department of Veterans Affairs (VA) 

medical regulations to authorize VA to 

provide hospital and outpatient care to 

a veteran in a program that provides 

temporary housing upon release from 

incarceration in a prison or jail. The 

final rule permits VA to work with these 

veterans while they are in these 

programs with the goal of continuing to 

work with them after their release, 

which will assist in preventing 

homelessness in this population of 

veterans. 

DATES: This final rule is effective April 

1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

James McGuire, Program Manager, 

Healthcare for Re-entry Veterans, 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–1591. (This is not a 

toll free number.) 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 1710(h), VA is not required ‘‘to 

furnish care to a veteran to whom 

another agency of Federal, State, or local 

government has a duty under law to 

provide care in an institution of such 

government.’’ VA implemented this 

statute in 38 CFR 17.38(c)(5). Generally, 

§ 17.38(c)(5) bars VA from providing 

‘‘[h]ospital and outpatient care for a 

veteran who is either a patient or inmate 

in an institution of another government 

agency if that agency has a duty to give 

the care or services.’’ Typically, 

government agencies have a duty to 

provide medical care to inmates who 

have been released from incarceration in 

a prison or jail to a temporary housing 

program (such as a community 

residential re-entry center or halfway 

house). 

This duty may exist even though the 

responsible government agency expects 

residents in these programs to arrange 

for their own medical care. Irrespective 

of whether a duty exists, however, VA 

wants to be able to provide hospital and 

outpatient care to eligible veterans in 

these programs. Under § 17.38(c)(5), VA 

cannot provide care to veterans in these 

programs if the other government 

agency has a duty to provide the care 

unless that agency is willing to pay VA 

for the care by contract. 

In a proposed rule published May 12, 

2010, we proposed to amend § 17.38 to 

establish that the exclusion in paragraph 

(c)(5) does not apply to any veteran who 

is released from incarceration to a 

temporary housing program. We 

explained that this amendment is 

necessary to authorize VA hospital and 

outpatient care for these veterans who 

often require additional assistance in 

successfully transitioning from 

incarceration. 

VA wants to provide care to these 

veterans because VA has found that 

upon release from jail or prison these 

veterans are particularly at risk of not 

receiving adequate medical care, and in 

many cases become homeless, as a 

result of not receiving such care, after 

their release from temporary housing 

programs. Under 38 U.S.C. 2022(a), VA 

is charged with reaching out ‘‘to 

veterans at risk of homelessness, 

including particularly veterans who are 

being discharged or released from 

institutions after * * * imprisonment.’’ 

Outreach workers for the Veterans 

Health Administration report that 

veterans with acute or chronic medical 

or psychiatric problems who are treated 

while incarcerated, often have difficulty 

obtaining similar treatment during a 

transitional period. In particular, if 

mental health issues are not addressed 

during the transitional period, upon 

release, many of these veterans are 

rendered incapable of finding or 

maintaining appropriate housing. 

In addition to being an important 

component of VA’s duty to attempt to 

prevent veterans from becoming 

homeless, establishing that the 

exclusion in 38 CFR 17.38(c)(5) does not 

apply to veterans who are residents in 

temporary housing programs offers 

potentially significant public benefits 

and will further the success of other VA 

policies. For example, section 20 of 

VHA Handbook 1160.01 specifically 

requires VA to ‘‘engage with veterans 

being released from prison in need of 

care.’’ VHA Handbook 1160.01, section 

20(a)(2). As significant numbers of 

veterans in these programs have 

difficulty obtaining medical treatment 

comparable to the treatment they 

received in prison, some begin to 

believe the only way they can obtain 

treatment is to violate the terms of their 

release and return to prison. A 2008 

Urban Institute study of a large re-entry 

population cohort, found health care 

played a key role in the first months of 

community re-adjustment and reduced 

recidivism. Mallik-Kane, K, and Visher, 

C.A., Health and prisoner re-entry: How 

physical, mental, and substance abuse 

conditions shape the process of reintegration. Urban Institute Justice 

Policy Center: Washington, DC (2008). 

In particular, the study noted that access 

to medications for chronic health and 

mental health conditions is a low-cost 

powerful tool in preventing recidivism. 

We received three comments on the 

proposed rule. All of the comments 

support the substance of the proposed 

rule. One commenter recommended that 

VA add a number of services to its 

medical benefits package, and made 

strategic recommendations for VA 

housing programs. This rulemaking 

simply removes a bar that prevented 

veterans, who are released from 

incarceration into temporary housing, 

from receiving outpatient and hospital 

care under the medical benefits package. 

Because the commenter suggested that 

additional services be added to this 

package, we do not believe that these 

comments are within the scope of this 

rulemaking. However, to the extent that 

the commenter seeks to connect 

veterans to needed care and support 

services, we note that VA currently 

provides a number of programs that 

provide housing and other support 

services to veterans. Nothing prevents 

formerly incarcerated veterans from 

taking advantage of any of the programs 

for which they qualify. 

For the foregoing reasons, VA amends 

38 CFR 17.38 to revise the exclusion in 

the VA medical benefits package for a 

veteran who is a patient or inmate in an 

institution of another government 

agency so that the exclusion does not 

apply to a veteran who is a resident of 

a temporary housing program. For 

purposes of this rule, a ‘‘temporary 

housing program,’’ includes community 

residential re-entry centers, halfway 

houses, and similar residential facilities. 

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 

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