52274 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 

Affairs amends 38 CFR part 17 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. Amend § 17.36 by: 

■ a. In paragraph (a)(3), removing ‘‘, or 

any’’ and adding, in its place, ‘‘(the 

period between August 2, 1990, and 

November 11, 1998), or any’’. 

■ b. In paragraph (b)(3), removing 

‘‘Purple Heart’’ and adding, in its place, 

‘‘Medal of Honor or Purple Heart’’. 

■ c. In paragraph (b)(6), removing ‘‘, or 

for any’’ and adding, in its place, ‘‘(the 

period between August 2, 1990, and 

November 11, 1998), or for any’’. 

■ 3. Amend § 17.108 by: 

■ a. In paragraphs (d)(1) through (8), 

removing the semicolons at the end of 

each paragraph and adding, in each 

place, a period. 

■ b. In paragraph (d)(9), removing ‘‘; or’’ 

at the end of the paragraph and adding, 

in its place, a period; 

■ c. Adding paragraph (d)(11). 

■ d. Revising the authority citation at 

the end of the section. 

The addition and revision read as 

follows: 

§ 17.108 Copayments for inpatient hospital 

care and outpatient medical care. 

* * * * * 

(d) * * * 

(11) A veteran who VA determines to 

be catastrophically disabled, as defined 

in 38 CFR 17.36(e). 

* * * * * 

(Authority: 38 U.S.C. 501, 1710, 1730A) 

■ 4. Amend § 17.110 by: 

■ a. In paragraphs (c)(1) through (6), 

removing the semicolons at the end of 

each paragraph and adding, in each 

place, a period. 

■ b. In paragraph (c)(7), removing ‘‘; 

and’’ and adding, in its place, a period. 

■ c. Adding paragraph (c)(9). 

■ d. Revising the authority citation at 

the end of the section. 

The addition and revision read as 

follows: 

§ 17.110 Copayments for medication. 

* * * * * 

(c) * * * 

(9) A veteran who VA determines to 

be catastrophically disabled, as defined 

in 38 CFR 17.36(e). 

(Authority: 38 U.S.C. 501, 1710, 1720D, 

1722A, 1730A) 

■ 5. Amend § 17.111 by: 

■ a. In paragraphs (f)(1) through (f)(5), 

removing the semicolons at the end of 

each paragraph and adding, in each 

place a period. 

■ b. In paragraph (f)(6), removing ‘‘; or’’ 

and adding, in its place, a period. 

■ c. Adding paragraph (f)(8). 

The addition reads as follows: 

§ 17.111 Copayments for extended care 

services. 

* * * * * 

(f) * * * 

(8) A veteran who VA determines to 

be catastrophically disabled, as defined 

in 38 CFR 17.36(e), is exempt from 

copayments for adult day health care, 

non-institutional respite care, and noninstitutional geriatric care. 

* * * * * 

[FR Doc. 2011–21291 Filed 8–19–11; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 51 

RIN 2900–AN96 

Expansion of State Home Care for 

Parents of a Child Who Died While 

Serving in the Armed Forces 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Veterans Affairs (VA) 

regulations concerning the payment of 

per diem to a State for providing 

nursing home care to eligible veterans. 

The amendments remove a restriction 

on VA’s payment of per diem, which 

required all non-veteran residents of a 

State home to be spouses of veterans, or 

parents of veterans all of whose children 

died while serving in the Armed Forces 

of the United States. Under this final 

rule, non-veteran residents of the State 

home must be spouses of veterans, or 

parents of veterans any of whose 

children died while serving in the 

Armed Forces. 

DATES: Effective Date: This final rule is 

effective August 22, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Nancy Quest, Chief, State Veterans 

Home Clinical & Survey Oversight, 

Geriatrics and Extended Care Services 

(114), Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–6064. (This is not a 

toll free number.) 

SUPPLEMENTARY INFORMATION: Under 

current 38 CFR 51.210(d), VA pays per 

diem to a State for providing nursing 

home care to eligible veterans in a State 

home if, among other things, all nonveteran residents of the home are 

spouses of veterans or parents of 

veterans all of whose children died 

while serving in the Armed Forces of 

the United States. In Public Law 111– 

246, Congress mandated that VA 

administer § 51.210(d) to permit a State 

home to provide services to ‘‘a nonveteran any of whose children died 

while serving in the Armed Forces.’’ 

This final rule implements Public Law 

111–246 by amending § 51.210(d) to 

incorporate the language mandated by 

Congress. As amended, § 51.210(d) 

allows States to admit parents, ‘‘any’’ of 

whose children died while serving in 

the Armed Forces, to State homes 

without affecting VA per diem 

payments to States for care provided to 

veterans. 

Effect of Rulemaking 

Title 38, Code of Federal Regulations, 

as revised by this final rule, represents 

VA’s implementation of its exclusive 

legal authority on this subject. Other 

than future amendments to this 

regulation or governing statute or public 

law, no contrary rules or procedures are 

authorized. All existing or subsequent 

VA guidance must be read to conform 

with this rulemaking if possible or, if 

not possible, such guidance is 

superseded by this rulemaking. 

Administrative Procedure Act 

These amendments incorporate a 

specific program requirement mandated 

by Congress. Accordingly, this rule is 

exempt from the prior notice-andcomment and delayed-effective-date 

requirements of 5 U.S.C. 553. 

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 regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB) 

unless OMB waives such review, if it is 

a 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 

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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations 52275 

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. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this final rule have been 

examined and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

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 

expenditure by State, local, or Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This final rule would have 

no such effect on State, local, or Tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act (44 

U.S.C. 3501–3520). 

Regulatory Flexibility Act 

The initial and final regulatory 

flexibility analyses requirements of 

section 603 and 604 of the Regulatory 

Flexibility Act, 5 U.S.C. 601–612, are 

not applicable to this rule because a 

notice of proposed rulemaking is not 

required for this rule. Even so, the 

Secretary of Veterans Affairs hereby 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small entities as 

they are defined in the Regulatory 

Flexibility Act. The State homes 

referenced in this final rule are State 

government entities under the control of 

State governments. All State homes are 

owned, operated and managed by State 

governments except for a small number 

that are operated by entities under 

contract with State governments. These 

contractors are not small entities. 

Therefore, this final rule is also exempt, 

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

64.005, Grants to States for Construction 

of State Home Facilities; 64.009, 

Veterans Medical Care Benefits; 64.010, 

Veterans Nursing Home Care; 64.015, 

Veterans State Nursing Home Care; 

64.018, Sharing Specialized Medical 

Resources; 64.019. 

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 July 7, 2011, for 

publication. 

List of Subjects in 38 CFR Part 51 

Administrative practice and 

procedure, Claims, Government 

contracts, Grant programs-health, Grant 

programs-veterans, Health care, Health 

facilities, Health professions, Health 

records, Mental health programs, 

Nursing homes, Reporting and 

recordkeeping requirements, Travel and 

transportation expenses, Veterans. 

Dated: August 16, 2011. 

Robert C. McFetridge, 

Director of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, VA amends 38 CFR part 51 as 

follows: 

PART 51—PER DIEM FOR NURSING 

HOME CARE OF VETERANS IN STATE 

HOMES 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1741– 

1743, 1745. 

■ 2. Amend § 51.210 by: 

■ a. In paragraph (d), removing ‘‘or 

parents all of whose children died while 

serving in the armed forces’’ and 

adding, in its place, ‘‘, or parents any of 

whose children died while serving in 

the Armed Forces’’. 

■ b. Revising the authority citation at 

the end of the section. 

The revision reads as follows: 

§ 51.210 Administration. 

* * * * * 

(Authority: 38 U.S.C. 101, 501, 1710, 1741– 

1743, 8135; Pub. L. 111–246) 

[FR Doc. 2011–21292 Filed 8–19–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2011–0195; FRL–9453–6] 

Approval and Promulgation of Air 

Quality Implementation Plans; Virginia; 

Revisions to Clean Air Interstate Rule 

Emissions Trading Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the Commonwealth of 

Virginia. The revision, which amends 

the Virginia Clean Air Interstate Rule 

(CAIR) trading program, is comprised of 

technical corrections and revisions to 

the definition of a cogeneration unit to 

ensure the Commonwealth’s CAIR 

trading program is consistent with 

federal CAIR requirements. This action 

is being taken under the Clean Air Act 

(CAA). 

DATES: Effective Date: This final rule is 

effective on September 21, 2011. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2011–0195. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. Although listed in the electronic 

docket, some information is not publicly 

available, i.e., confidential business 

information (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 through 

http://www.regulations.gov or in hard 

copy for public inspection during 

normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Virginia Department of 

Environmental Quality, 629 East Main 

Street, Richmond, Virginia 23219. 

FOR FURTHER INFORMATION CONTACT: 

Marilyn Powers, (215) 814–2308, or by 

e-mail at powers.marilyn@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. On September 27, 2010, the 

Commonwealth of Virginia Department 

of Environmental Quality (VADEQ) 

submitted a revision to its SIP, 

including technical corrections and 

revisions to the definition of a 

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