16354 Federal Register / Vol. 76, No. 56 / Wednesday, March 23, 2011 / Proposed Rules 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this proposed 

amendment. 

Executive Order 12866 

The Department of State does not 

consider this rule to be a ‘‘significant 

regulatory action’’ under Executive 

Order 12866, section 3(f), Regulatory 

Planning and Review. The Department 

is of the opinion that controlling the 

import and export of defense articles 

and services is a foreign affairs function 

of the United States Government and 

that rules governing the conduct of this 

function are exempt from the 

requirements of Executive Order 12866. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 129888 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Paperwork Reduction Act 

This proposed rule does not impose 

any new reporting or recordkeeping 

requirements subject to the Paperwork 

Reduction Act, 44 U.S.C. chapter 35. 

List of Subjects in 22 CFR Part 123 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 123 is proposed to be amended 

as follows: 

PART 123—LICENSES FOR THE 

EXPORT OF DEFENSE ARTICLES 

1. The authority citation for part 123 

will continue to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); 22 U.S.C. 2753; E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp. p.79; 22 U.S.C. 

2651a; 22 U.S.C. 2776; Pub. L. 105–261, 112 

Stat. 1920; Sec. 1205(a), Pub. L. 107–228. 

2. Section 123.17 is to be amended to 

revise the heading, paragraphs (c)(3), (f), 

(g) introductory text, (g)(2), and to add 

paragraph (g)(3), to read as follows: 

§ 123.17 Exports of firearms, ammunition, 

and protective gear. 

* * * * * 

(c) * * * 

(3) They must be for that person’s 

exclusive use and not for reexport or 

other transfer of ownership. The 

individual must declare the firearm(s) to 

a U.S. Customs and Border Protection 

officer upon each departure from the 

United States, present the Internal 

Transaction Number (ITN) from 

submission of the Electronic Export 

Information in the Automated Export 

System per § 123.22(b), and declare that 

it is his or her intention to return the 

article(s) on each return to the United 

States. The foregoing exemption is not 

applicable to the personnel referred to 

in § 123.18. 

* * * * * 

(f) Except as provided in § 126.1 of 

this subchapter, Port Directors of U.S. 

Customs and Border Protection (CBP) 

shall permit U.S. persons to export 

temporarily from the United States 

without a license one set of body armor 

covered by Category X(a)(1) and one set 

of chemical agent protective gear 

covered by Category XIV(f)(4) of this 

subchapter provided that: 

(1) A declaration by the U.S. person 

via the Automated Export System (AES) 

and an inspection by a U.S. CBP officer 

are made, per § 123.22(b); 

(2) The body armor or chemical agent 

protective gear to be exported is with 

the U.S. person’s baggage or effects, 

whether accompanied or 

unaccompanied (but not mailed); 

(3) The body armor or chemical agent 

protective gear to be exported is for that 

person’s exclusive use and not for 

reexport or other transfer of ownership. 

The individual must declare the body 

armor or chemical agent protective gear 

to be exported to a U.S. CBP officer via 

the AES upon each departure from the 

United States and declare that it is his 

or her intention to return the article(s) 

on each return to the United States; and 

(4) If the body armor or chemical 

agent protective gear exported under 

this exemption are lost or otherwise not 

returned to the United States, a detailed 

report must be submitted to the Office 

of Defense Trade Controls Compliance 

in accordance with the requirements of 

§ 127.12(c)(2). 

(g) The license exemption set forth in 

paragraph (f) of this section is also 

available for the temporary export of 

body armor and/or chemical agent 

protective gear for personal use to 

Afghanistan and to Iraq provided that: 

(1) * * * 

(2) For temporary exports to Iraq the 

U.S. person utilizing the license 

exemption is either a person affiliated 

with the U.S. Government traveling on 

official business or is a person not 

affiliated with the U.S. Government but 

traveling to Iraq under a direct 

authorization by the Government of Iraq 

and engaging in activities for, on behalf 

of, or at the request of the Government 

of Iraq. 

(3) The exporter claiming this license 

exemption shall present to a U.S. 

Customs and Border Protection officer 

prior to each export a copy of the direct 

authorization from the Government of 

Iraq, including an English translation, or 

a copy of the documentation showing 

that the travel is on official business for 

the U.S. government, along with the 

Internal Transaction Number (ITN) for 

the AES submission. 

Dated: March 14, 2011. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2011–6850 Filed 3–22–11; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 17 and 51 

RIN 2900–AN63 

Per Diem Payments for the Care 

Provided to Eligible Veterans 

Evacuated From a State Home as a 

Result of an Emergency 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations concerning per diem 

payments to States to permit 


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continuation of such payments in some 

situations for veterans who have been 

evacuated from a State home as a result 

of an emergency. Per diem is the daily 

rate paid by VA to a State for providing 

a specified level of care to eligible 

veterans in a facility that is officially 

recognized and certified by VA. This 

regulation would authorize VA to 

continue to pay per diem when veterans 

for whom VA is paying per diem are 

evacuated as a result of an emergency 

from a State home to a facility that is not 

recognized by VA as a State home. The 

regulation would require, in order for 

per diem payments to continue while 

the veteran is relocated due to an 

emergency, that an appropriate VA 

official determine whether an 

emergency exists and whether the 

facility to which veterans may be 

evacuated (evacuation facility) complies 

with certain minimum standards. This 

regulation would establish the 

minimum standards that facilities to 

which veterans are evacuated must meet 

in order for States to continue receiving 

per diem for relocated veterans. These 

standards would apply also to 

evacuation facilities when veterans are 

evacuated from contract nursing homes. 

DATES: Comments must be received by 

VA on or before May 23, 2011. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to ‘‘RIN 2900– 

AN63 Per Diem Payments for the Care 

Provided to Eligible Veterans Evacuated 

from a State Home as a Result of an 

Emergency.’’ Copies of comments 

received will be available for public 

inspection in the Office of Regulation 

Policy and Management, Room 1063B, 

between the hours of 8 a.m. and 4:30 

p.m. Monday through Friday (except 

holidays). Please call (202) 273–9515 for 

an appointment (this is not a toll-free 

number). In addition, during the 

comment period, comments may be 

viewed online through the Federal 

Docket Management System (FDMS) at 

http://www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Theresa A. Hayes, MPH, RN, Office of 

Patient Care Services (114), Veterans 

Health Administration, Department of 

Veterans Affairs, 810 Vermont Avenue, 

NW., Washington, DC 20420, (202) 461– 

6771 (this is not a toll-free number). 

SUPPLEMENTARY INFORMATION: Pursuant 

to 38 U.S.C. 1741–1745, VA provides 

per diem payments to reimburse States 

for each eligible veteran receiving 

nursing home care, domiciliary care, 

and adult day health care in State home 

facilities that are recognized and 

certified by VA. Section 1742 

specifically provides that ‘‘[n]o payment 

or grant may be made to any home 

* * * unless such home is determined 

by the Secretary to meet such standards 

as the Secretary shall prescribe, which 

standards with respect to nursing home 

care shall be no less stringent than those 

prescribed pursuant to section 1720(b) 

of this title.’’ The statutes do not address 

circumstances in which veterans may 

need to be evacuated temporarily to 

another facility due to an emergency. 

VA implemented its authority to 

provide per diem payments to States in 

38 CFR 17.190–17.200 and parts 51, 52, 

and 58. However, current regulations do 

not address VA’s authority to continue 

per diem payments to a State for a 

veteran during an emergency evacuation 

of the veteran to a temporary or 

substitute State home facility where the 

State continues to provide care. We 

propose to amend these regulations to 

clarify our interpretation of VA’s 

authority to continue per diem 

payments during such evacuations and 

to establish certain minimum standards 

for temporary or substitute facilities 

used by States in these situations. 

Certain recent emergencies have 

established the need to address 

emergency situations. VA believes that 

States should continue to receive per 

diem payments when they move 

veterans out of the State home during an 

emergency but continue to provide or 

pay for the care. 

This proposed rule would provide 

that, when a State temporarily evacuates 

residents of a State home and relocates 

them to a non-recognized facility due to 

an emergency that would make it unsafe 

for them to remain in the recognized 

State home facility, VA may continue to 

make per diem payments to the State for 

the evacuated residents. This regulation 

would provide for the continuation of 

per diem payments for care provided to 

a veteran in an evacuation facility that 

is not recognized by VA as a State home 

if the director of the VA medical center 

(VAMC) of jurisdiction determines, or 

the director of the Veterans Integrated 

Service Network (VISN) in which the 

State home is located (if the VAMC 

director is not capable of doing so) 

determines, that an emergency exists 

and that the evacuation facility meets 

certain minimum standards. 

Implementation of VA’s authority to 

continue payment of per diem in an 

emergency would be set forth in a new 

section, proposed § 51.59. We note that 

we are currently considering 

reorganizing the regulations governing 

the State home per diem program and, 

specifically, are considering revising 

part 51 to include regulations governing 

domiciliary care. We have carefully 

crafted proposed § 51.59 to fit within 

such a possible reorganization or 

revision, as well as to fit within the 

current organization of part 51. The 

language of the proposed rule would 

apply for per diem payments for 

veterans receiving domiciliary care as 

well as nursing home care. We also note 

that the minimum standards in the 

proposed rule for evacuation facilities 

would also be applicable when veterans 

are evacuated from contract nursing 

homes. This is to ensure compliance 

with the requirement under 38 U.S.C. 

1742(a) that the standards for State 

homes must be no less stringent than 

the standards for facilities with whom 

VA contracts to provide nursing home 

care under section 1720. We would 

place the rule in the body of regulations 

governing per diem because it 

authorizes the continuing payment of 

per diem. We would also, for purposes 

of clarity and organization, add a 

reference to the proposed rule in the 

part 17 regulations that govern 

community nursing home care facilities. 

We propose to define ‘‘emergency’’ in 

proposed paragraph (a). The definition 

would contain three requirements. First, 

an emergency would ‘‘mean[ ] an 

occasion or instance where * * * [i]t 

would be unsafe for veterans receiving 

care at a State home facility to remain 

in that facility’’. This criterion is obvious 

and necessary, because if the facility is 

not unsafe then there is no reason to 

evacuate patients. The second criterion 

would be that ‘‘[t]he State is not, or 

believes that it will not be, able to 

provide care in the State home on a 

temporary or long-term basis for any or 

all of its veteran residents due to a 

situation involving the State home’’. We 

would make the requirement specific to 

‘‘a situation involving the State home’’ in 

order to distinguish it from a situation 

involving a particular patient, which we 

do not believe should require 

evacuation. We would also clarify that 

the rule does not apply to ‘‘a situation 

where a particular veteran’s medical 

condition requires that the veteran be 

transferred to another facility, such as 

for a period of hospitalization.’’ Third, 

we would require that ‘‘[t]he State 

determine[ ] that the veterans must be 

evacuated to another facility or 

facilities.’’ We believe that the State, and 

not VA, will be in the best position to 

make this initial determination 

concerning the State facility. This is a 


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broad definition, which would cover the 

temporary relocation of veterans in 

many situations, including the case of a 

natural disaster or in which the integrity 

of part or all of the facility is 

compromised. 

Proposed § 51.59(b) would provide 

that ‘‘VA will continue to pay per diem 

for a period not to exceed 30 days for 

any eligible veteran who resided in a 

State home, and for whom VA was 

paying per diem, if such veteran is 

evacuated during an emergency into a 

facility other than a VA facility if the 

State is responsible for providing or 

paying for the care.’’ The regulation 

would require discontinuance of per 

diem payments after 30 days if the 

veteran remains in the evacuation 

facility unless ‘‘the official who 

approved the emergency response under 

paragraph (e) of this section determines 

that it is not reasonably possible to 

return the veteran to a State home 

within the 30-day period, in which case 

such official will approve additional 

period(s) in accordance with this 

section.’’ The additional period(s) would 

be for no more than 30 days per period 

and would be approved in accordance 

with proposed § 51.59(b). It is important 

that the veterans for whom we provide 

per diem payments be returned to a 

State home as soon as possible, and this 

provision will help facilitate this result. 

Finally, we would require that the 

evacuation facility meet certain 

minimum standards established in 

proposed paragraph (c)(1) as a condition 

of payment and would enforce this 

requirement through retroactive 

recovery of any payments made for care 

provided to a veteran in a substandard 

facility. 

Although it may be critical to enable 

States to continue to receive per diem 

payments during an emergency 

relocation, it is also important that VA 

ensure that the facilities in which these 

veterans are cared for meet certain 

minimum standards for the welfare of 

the veterans. Therefore, in proposed 

paragraph (c)(1), we propose standards 

applicable to evacuation facilities, 

requiring that ‘‘[e]ach veteran who is 

evacuated must be placed in a facility 

that, at a minimum, will meet the needs 

for food, shelter, toileting, and essential 

medical care of that veteran.’’ We 

believe that these requirements are 

essential. Although 38 U.S.C. 1742(a) 

provides that ‘‘[n]o payment * * * may 

be made to any [State] home * * * 

unless such home is determined by the 

Secretary to meet such standards as the 

Secretary [has] prescribe[d]’’ at 38 CFR 

part 51, subpart D, and part 52, subpart 

D, the minimum standards under 

proposed § 51.59(c)(1) should ensure 

that our veterans receive what is 

necessary despite the emergency and 

evacuation, without imposing 

requirements that may be impossible to 

meet during a crisis. Although it may 

not be feasible for VA to physically 

inspect such sites before veterans are 

evacuated, we would enforce the 

minimum-standard requirement by 

enabling VA to stop payment of per 

diem and/or recover all payments made 

while a veteran was placed at a site that 

does not meet the minimum standards. 

These standards would also apply when 

veterans are evacuated from facilities 

that are contracted for nursing home 

care under 38 U.S.C. 1720, for the 

reasons discussed above. As a matter of 

policy, it makes sense to permit a lower 

facility standard in the event of an 

emergency evacuation of a contract 

nursing home for the same reasons that 

it makes sense to allow the lower 

standard in the event of the emergency 

evacuation of a State home. 

Proposed paragraph (c)(2) would 

identify certain facilities that may meet 

the minimum standards for facilities 

that would provide care for veterans 

evacuated from State home nursing 

homes. It would also provide in a note 

that, if none of the identified facilities 

under paragraph (c)(2) are available, 

other facilities may be used on a 

temporary basis if they meet the 

minimum standards under proposed 

paragraph (c)(1). Proposed paragraph 

(c)(3) would identify facilities that may 

meet minimum VA standards for 

purposes of providing care to veterans 

evacuated from a State home 

domiciliary. We note that the authority 

to continue payments for up to 30 days 

would be contingent upon proposed 

paragraph (e), which would require the 

director of the VAMC, or the director of 

the VISN in which the State home is 

located (if the VAMC director is not 

accessible), to determine that an 

emergency exists and that the 

evacuation facility meets the minimum 

standards set forth in proposed 

paragraph (c)(1). The director could thus 

disapprove continuation of VA per diem 

if the evacuation facility failed to meet 

the minimum standards. 

We delegate this decision-making 

responsibility to the local authority, 

rather than to one, nationally 

centralized individual because we 

believe that local personnel will be 

better qualified to assess a regional need 

and determine whether an emergency 

exists and whether the evacuation 

facility meets the minimum standards 

set forth in proposed paragraph (c)(1). 

Proposed paragraph (d) would make 

this section generally applicable to 

situations in which veterans in an adult 

day health care facility are evacuated 

due to an emergency. The standards and 

procedures are similar, but because 

adult day health care facilities are nonresidential, the rules can be somewhat 

simpler and should be organized in a 

separate paragraph. 

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 

(adjusted annually for inflation) in any 

given year. This proposed rule would 

have no such effect on State, local, and 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

The proposed rule does not contain 

any collections of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521). 

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 

the Office of Management and Budget 

(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. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this proposed rule and 

has concluded that it does not constitute 

a significant regulatory action under the 

Executive Order. 


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Regulatory Flexibility Act 

The Secretary hereby certifies that 

this proposed regulatory amendment 

would 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– 

612. This proposed amendment would 

not cause a significant economic impact, 

therefore, pursuant to 5 U.S.C. 605(b), 

this proposed amendment is exempt 

from the initial and final regulatory 

flexibility analysis requirements of 

sections 603 and 604. 

Catalog of Federal Domestic Assistance 

Numbers 

The Catalog of Federal Domestic 

Assistance numbers and titles are 

64.009 Veterans Medical Care Benefits, 

64.010 Veterans Nursing Home Care, 

and 64.011 Veterans Dental Care. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on March 7, 2011, for 

publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

abuse, Foreign relations, Government 

contracts, Grant programs—health, 

Government programs—veterans, Health 

care, Health facilities, Health 

professions, Health records, Homeless, 

Medical and dental schools, Medical 

devices, Medical research, Mental 

health programs, Nursing homes, 

Reporting and recordkeeping 

requirements, Scholarships and 

fellowships, Travel and transportation 

expenses, Veterans. 

Dated: March 17, 2011. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Department of Veterans Affairs. 

For the reasons set forth in the 

preamble, 38 CFR parts 17 and 51 are 

proposed to be amended as follows: 

PART 17—MEDICAL 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

2. Add § 17.58 to read as follows: 

§ 17.58 Evacuation of community nursing 

homes. 

When veterans are evacuated from a 

community nursing home as the result 

of an emergency, they may be relocated 

to another facility that meets certain 

minimum standards, as set forth in 38 

CFR 51.59(c)(1). 

(Authority: 38 U.S.C. 501, 1720) 

PART 51—PER DIEM FOR NURSING 

HOME CARE OF VETERANS IN STATE 

HOMES 

3. The authority citation for part 51 is 

revised to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1720, 

1741–1743; and as stated in specific sections. 

4. Add § 51.59 to read as follows: 

§ 51.59 Authority to continue payment of 

per diem when veterans are relocated due 

to emergency. 

(a) Definition of emergency. For the 

purposes of this section, emergency 

means an occasion or instance where all 

of the following are true: 

(1) It would be unsafe for veterans 

receiving care at a State home facility to 

remain in that facility. 

(2) The State is not, or believes that 

it will not be, able to provide care in the 

State home on a temporary or long-term 

basis for any or all of its veteran 

residents due to a situation involving 

the State home, and not due to a 

situation where a particular veteran’s 

medical condition requires that the 

veteran be transferred to another 

facility, such as for a period of 

hospitalization. 

(3) The State determines that the 

veterans must be evacuated to another 

facility or facilities. 

(b) General authority to pay per diem 

during relocation period. 

Notwithstanding any other provision of 

this part, VA will continue to pay per 

diem for a period not to exceed 30 days 

for any eligible veteran who resided in 

a State home, and for whom VA was 

paying per diem, if such veteran is 

evacuated during an emergency into a 

facility other than a VA facility if the 

State is responsible for providing or 

paying for the care. VA will not pay per 

diem payments under this section for 

more than 30 days of care provided in 

the evacuation facility, unless the 

official who approved the emergency 

response under paragraph (e) of this 

section determines that it is not 

reasonably possible to return the veteran 

to a State home within the 30-day 

period, in which case such official will 

approve additional period(s) of no more 

than 30 days in accordance with this 

section. VA will not provide per diem 

if VA determines that a veteran is or has 

been placed in a facility that does not 

meet the standards set forth in 

paragraph (c)(1) of this section, and VA 

may recover all per diem payments 

made for the care of the veteran in that 

facility. 

(c) Selection of evacuation facilities. 

The following standards and procedures 

apply to the selection of an evacuation 

facility in order for VA to continue to 

pay per diem during an emergency; 

these standards and procedures also 

apply to evacuation facilities when 

veterans are evacuated from a nursing 

home care facility in which care is being 

provided pursuant to a contract under 

38 U.S.C. 1720. 

(1) Each veteran who is evacuated 

must be placed in a facility that, at a 

minimum, will meet the needs for food, 

shelter, toileting, and essential medical 

care of that veteran. 

(2) For veterans evacuated from 

nursing homes, the following types of 

facilities may meet the standards under 

paragraph (c)(1) of this section: 

(i) VA Community Living Centers; 

(ii) VA contract nursing homes; 

(iii) Centers for Medicare and 

Medicaid certified facilities; and 

(iv) Licensed nursing homes. 

Note to paragraph (c)(2): If none of the 

above options are available, veterans may be 

evacuated temporarily to other facilities that 

meet the standards under paragraph (c)(1) of 

this section. 

(3) For veterans evacuated from 

domiciliaries, the following types of 

facilities may meet the standards in 

paragraph (c)(1) of this section: 

(i) Emergency evacuation facilities 

identified by the city or state; 

(ii) Assisted living facilities; and 

(iii) Hotels. 

(d) Applicability to adult day health 

care facilities. Notwithstanding any 

other provision of this part, VA will 

continue to pay per diem for a period 

not to exceed 30 days for any eligible 

veteran who was receiving adult day 

health care, and for whom VA was 

paying per diem, if the adult day health 

care facility becomes temporarily 

unavailable due to an emergency. 

Approval of a temporary facility for 

such veteran is subject to paragraph (e) 

of this section. If after 30 days the 

veteran cannot return to the original 

adult day health care facility, VA will 

discontinue per diem payments unless 

the official who approved the 

emergency response under paragraph (e) 

of this section determines that it is not 

reasonably possible to provide care at 

the original facility or to relocate an 

eligible veteran to a new facility, in 

which case such official will approve 


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additional period(s) of no more than 30 

days in accordance with this section. 

VA will not provide per diem if VA 

determines that a veteran was provided 

adult day health care in a facility that 

does not meet the standards set forth in 

paragraph (c)(1) of this section, and VA 

may recover all per diem payments 

made for the care of the veteran in that 

facility. 

(e) Approval of response. Per diem 

payments will not be made under this 

section unless and until the director of 

the VAMC determines, or the director of 

the VISN in which the State home is 

located (if the VAMC director is not 

capable of doing so) determines, that an 

emergency exists and that the 

evacuation facility meets VA standards 

set forth in paragraph (c)(1) of this 

section. 

(Authority 38 U.S.C. 501, 1720, 1742) 

[FR Doc. 2011–6737 Filed 3–22–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2008–0639; EPA–R01– 

OAR–2008–0641; EPA–R01–OAR–2008– 

00642; EPA–R01–OAR–2008–0643; A–1– 

FRL–9285–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Connecticut, Maine, New Hampshire 

and Rhode Island; Infrastructure SIPs 

for the 1997 Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

submittals from the States of 

Connecticut, Maine, New Hampshire 

and Rhode Island. These submittals 

outline how each state’s State 

Implementation Plan (SIP) meets the 

requirements of section 110(a) of the 

Clean Air Act (CAA) for the 1997 8-hour 

ozone national ambient air quality 

standards (NAAQS). Section 110(a) of 

the CAA requires that each state adopt 

and submit a SIP for the 

implementation, maintenance and 

enforcement of each NAAQS 

promulgated by the EPA. This SIP is 

commonly referred to as an 

infrastructure SIP. These actions are 

being taken under the Clean Air Act. 

DATES: Written comments must be 

received on or before April 22, 2011. 

ADDRESSES: Submit your comments, 

identified by EPA–R01–OAR–2008– 

00639 for comments pertaining to our 

proposed action for Connecticut, EPA– 

R01–OAR–2008–0641 for comments 

pertaining to our proposed action for 

Maine, EPA–R01–OAR–2008–06432 for 

comments pertaining to our proposed 

action for New Hampshire, or EPA– 

R01–OAR–2008–0643 for comments 

pertaining to our proposed action for 

Rhode Island, by one of the following 

methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2008–0639, 

EPA–RO1–OAR–2008–0641, EPA–RO1– 

OAR–2008–642, or EPA–R01–OAR– 

2008–0643’’ Anne Arnold, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100 (mail code: 

OEP05–2), Boston, MA 02109–3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA 

02109–3912. Such deliveries are only 

accepted during the Regional Office’s 

normal hours of operation. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

Instructions: Direct your comments to 

Docket ID Numbers: EPA–R01–OAR– 

2008–0639 for comments pertaining to 

our proposed action for Connecticut, 

EPA–RO1–OAR–2008–0641 for 

comments pertaining to our proposed 

action for Maine, EPA–RO1–OAR– 

2008–0642 for comments pertaining to 

our proposed action for New Hampshire 

or EPA–RO1–OAR–2008–0643 for 

comments pertaining to our proposed 

action for Rhode Island. EPA’s policy is 

that all comments received will be 

included in the public docket without 

change and may be made available 

online at http://www.regulations.gov, 

including any personal information 

provided, unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov, or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov website is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., 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 in http:// 

www.regulations.gov or in hard copy at 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square, Suite 100, Boston, MA. 

EPA requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Richard P. Burkhart, Air Quality 

Planning Unit, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square, 

Suite 100, Boston, MA 02109–3912, 

telephone number (617) 918–1664, fax 

number (617) 918–0664, e-mail 

Burkhart.Richard@epa.gov. 

In addition, copies of the state 

submittal and EPA’s technical support 

documents are also available for public 

inspection during normal business 

hours, by appointment at the respective 

State Air Agency: The Bureau of Air 

Management, Department of 

Environmental Protection, State Office 

Building, 79 Elm Street, Hartford, CT 

06106–1630; the Bureau of Air Quality 

Control, Department of Environmental 

Protection, First Floor of the Tyson 

Building, Augusta Mental Health 

Institute Complex, Augusta, ME 04333– 

0017; Air Resources Division, 

Department of Environmental Services, 


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