62204 Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Rules and Regulations 

(Authority: 31 U.S.C. 3711(a)(2); 38 U.S.C. 

501, 512).

* * * * *

(9) * * *

(Authority: 38 U.S.C. 501, 512, 1729(c)(1)).

* * * * *

[FR Doc. 04–23754 Filed 10–22–04; 8:45 am] 

BILLING CODE 8320–01–P

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR 17 

RIN 2900–AK29 

Waivers

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends VA’s 

medical regulation to give Fiscal 

Officers at VA medical facilities the 

authority to waive veterans’ debts 

arising from the medical care copayments. This change in regulation 

will codify an existing 1995 delegation 

of authority to Fiscal Officers from the 

Secretary of Veterans Affairs. The 

purpose of this 1995 delegation was to 

increase the efficiency of the waiver 

process.

DATES: Effective Date: This rule shall 

become effective on November 24, 2004.

FOR FURTHER INFORMATION CONTACT:

Eileen P. Downey, Business Policy, 

Veterans Health Administration, Chief 

Business Office (16), 810 Vermont 

Avenue, NW., Washington DC 20420, 

(202) 254–0347.

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on April 20, 2004 (69 FR 

21075), we proposed amending 38 CFR 

17.105 to give Fiscal Officers at VA 

medical facilities the authority to waive 

veterans’ debts arising from the medical 

care co-payments. 

We asked interested parties to submit 

comments on or before June 21, 2004. 

We received no comments. Based on the 

rationale noted above and as set forth in 

the proposed rule, we are adopting the 

proposed rule as a final rule without 

change. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

requires, at 2 U.S.C. 1532, that agencies 

prepare an assessment of anticipated 

costs and benefits before developing any 

rule that may result in expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more in any given year. 

This rule will have no such effect on 

State, local or tribal governments, or the 

private sector. 

Paperwork Reduction Act 

Although this document contains 

provisions constituting a collection of 

information in 38 CFR 17.105 (c) 

referencing VA Form 5655, under the 

provision of the Paperwork Reduction 

Act (44 U.S.C. 3501–3521), no new or 

proposed revised collections of 

information are associated with this 

final rule. The Office of Management 

and Budget has approved this 

information collection in VA Form 5655 

under control number 2900–0165. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this final rule 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 through 

612. The final rule would not cause a 

significant economic impact on health 

care providers, suppliers, or entities 

since only a small portion of the 

business of such entities concerns VA 

beneficiaries. Therefore, pursuant to 5 

U.S.C. 605(b), the final rule 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 for the programs 

affected by this document are 64.005, 

64.007, 64.008, 64.009, 64.010, 64.011, 

64.012, 64.013, 64.014, 64.015, 64.016, 

64.018, 64.019, 64.022, 64.024 and 

64.025.

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, 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 record-keeping requirements, 

Scholarships and fellowships, Travel 

and transportation expenses, Veterans.

Approved: October 15, 2004. 

Anthony J. Principi, 

Secretary of Veterans Affairs.

■ For the reasons set out in the preamble, 

38 CFR part 17 is amended as set forth 

below:

■ 1. The authority citation for part 17 

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless 

otherwise noted.

■ 2. Section 17.105 is amended by:

■ A. In paragraph (a), removing 

‘‘§ 17.101(a)’’ and adding, in its place, 

‘‘§ 17.102’’.

■ B. Redesignating paragraph (c) as (d).

■ C. Adding a new paragraph (c).

■ D. Adding the OMB information 

collection approval number 

parenthetical immediately following 

paragraph (d).

■ E. Adding an authority citation at the 

end of the section. 

The additions read as follows:

§ 17.105 Waivers.

* * * * *

(c) Of charges for copayments. If the 

debt represents charges for outpatient 

medical care, inpatient hospital care, 

medication or extended care services 

copayments made under §§ 17.108, 

17.110 or 17.111 of this chapter, the 

claimant must request a waiver by 

submitting VA Form 5655 (Financial 

Status Report) to a Fiscal Officer at a VA 

medical facility where all or part of the 

debt was incurred. The claimant must 

submit this form within the time period 

provided in § 1.963(b) of this chapter 

and may request a hearing under 

§ 1.966(a) of this chapter. The Fiscal 

Officer may extend the time period for 

submitting a claim if the Chairperson of 

the Committee on Waivers and 

Compromises could do so under 

§ 1.963(b) of this chapter. The Fiscal 

Officer will apply the standard ‘‘equity 

and good conscience’’ in accordance 

with §§ 1.965 and 1.966(a) of this 

chapter, and may waive all or part of the 

claimant’s debts. A decision by the 

Fiscal Officer under this provision is 

final (except that the decision may be 

reversed or modified based on new and 

material evidence, fraud, a change in 

law or interpretation of law, or clear and 

unmistakable error shown by the 

evidence in the file at the time of the 

prior decision as provided in § 1.969 of 

this chapter) and may be appealed in 

accordance with 38 CFR parts 19 and 

20.

* * * * *

(The Office of Management and 

Budget has approved the information 

collection requirements in this section 

under control number 2900–0165.)

(Authority: 38 U.S.C. 501, 1721, 1722A, 

1724)

[FR Doc. 04–23758 Filed 10–22–04; 8:45 am] 

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