Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules 14707 

DATES: Submit applications by April 27, 

2012. 

ADDRESSES: Submit applications by any 

of the following methods: 

• Mail or Hand Delivery/Courier: 

Office of Technical and Information 

Services, Architectural and 

Transportation Barriers Compliance 

Board, 1331 F Street NW., suite 1000, 

Washington, DC 20004–1111. 

• Fax: 202–272–0081. 

• Email: pace@access-board.gov. 

FOR FURTHER INFORMATION CONTACT: Rex 

Pace, Office of Technical and 

Information Services, Architectural and 

Transportation Barriers Compliance 

Board, 1331 F Street NW., suite 1000, 

Washington, DC 20004–1111. 

Telephone: (202) 272–0023 (Voice) or 

(202) 272–0052 (TTY). Email address: 

pace@access-board.gov. 

SUPPLEMENTARY INFORMATION: Section 

510 of the Rehabilitation Act (29 U.S.C. 

794f) requires the Access Board to issue 

accessibility standards for medical 

diagnostic equipment, in consultation 

with the Commissioner of the Food and 

Drug Administration. The Access Board 

published an NPRM in the February 9, 

2012 edition of the Federal Register, 77 

FR 6916, proposing the accessibility 

standards. The proposed standards 

contain minimum technical criteria to 

ensure that medical diagnostic 

equipment, including examination 

tables, examination chairs, weight 

scales, mammography equipment, and 

other imaging equipment used by health 

care providers for diagnostic purposes 

are accessible to and usable by 

individuals with disabilities. The 

proposed standards are intended to 

ensure, to the maximum extent possible, 

independent entry to, use of, and exit 

from such equipment by individuals 

with disabilities. The proposed 

standards do not impose any mandatory 

requirements on health care providers 

or medical device manufacturers. 

However, other agencies may issue 

regulations or adopt policies that 

require health care providers subject to 

the agency’s jurisdiction to acquire 

accessible medical diagnostic 

equipment that conforms to the 

standards. The NPRM and information 

related to the proposed standards are 

available on the Access Board’s Web site 

at: http://www.access-board.gov/ 

medical-equipment.htm. 

At its January 11, 2012 meeting, the 

Access Board voted to form an advisory 

committee (Committee) to advise the 

Board on matters addressed in the 

NPRM. The Committee will make 

recommendations to the Access Board 

on the technical criteria proposed in the 

NPRM and issues raised in public 

comments on the NPRM, including 

responses to the questions in the NPRM. 

The comment period on the NPRM ends 

on June 8, 2012. The Access Board will 

conduct a preliminary analysis of the 

public comments and plans to schedule 

the first meeting of the Committee in 

September 2012. The Committee is 

expected to hold four meetings and 

present a report with its 

recommendations to the Access Board 

within two months of the Committee’s 

first meeting. 

The Access Board requests 

applications for representatives of the 

following interests for membership on 

the Committee: 

• Medical device manufacturers; 

• Health care providers; 

• Standards setting organizations; 

• Organizations representing 

individuals with disabilities; 

• Federal agencies; and 

• Other organizations affected by the 

proposed standards. 

The number of Committee members 

will be limited so that the Committee’s 

work can be accomplished effectively. 

The Committee will be balanced in 

terms of interests represented. The 

Access Board encourages organizations 

with similar interests to submit a single 

application to represent their interests. 

Although the Committee will be limited 

in size, there will be opportunities for 

the public to present information to the 

Committee and to comment at each 

Committee meeting. Federally registered 

lobbyists may not be appointed to the 

Committee, pursuant to Presidential 

Memorandum dated June 18, 2010, 

entitled ‘‘Lobbyists on Agency Boards 

and Commissions’’ (http:// 

www.whitehouse.gov/the-press-office/ 

presidential-memorandum-lobbyistsagency-boards-and-commissions). 

Applications should be sent to the 

Access Board at the address listed at the 

beginning of this notice. There is no 

specific application form. The 

application should include the 

following information: 

• Name of the organization; 

• Interests represented by the 

organization; 

• Person who will represent the 

organization and an alternate, and the 

title, address, telephone number, and 

email address for the representative and 

alternate; 

• Description of the representative’s 

qualifications, including engineering, 

technical, and design expertise; 

knowledge of making medical 

diagnostic equipment accessible to 

individuals with disabilities; or other 

expertise related to the rulemaking; and 

• Certification that the representative 

and alternate are not federally registered 

lobbyists. 

Committee members will not be 

compensated for their service. The 

Access Board may, at its discretion, pay 

travel expenses for a limited number of 

persons who would otherwise be unable 

to participate on the Committee. 

Committee members will serve as 

representatives of their organizations, 

not as individuals. Committee members 

will not be considered special 

government employees and will not be 

required to file confidential financial 

disclosure reports. 

After the applications have been 

reviewed, the Access Board will publish 

a notice in the Federal Register 

announcing the appointment of 

Committee members and the first 

meeting of the Committee. The 

Committee will operate in accordance 

with the Federal Advisory Committee 

Act, 5 U.S.C. app 2. All Committee 

meetings will be held at the Access 

Board’s office in Washington, DC. Each 

meeting will be open to the public. A 

notice of each meeting will be published 

in the Federal Register at least 15 days 

in advance of the meeting. Records will 

be kept of each meeting and made 

available for public inspection. 

David Capozzi, 

Executive Director. 

[FR Doc. 2012–5964 Filed 3–12–12; 8:45 am] 

BILLING CODE 8150–01–P 

DEPARTMENT OF DEFENSE 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN92 

Vet Center Services 

AGENCY: Department of Defense and 

Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to establish in 

regulation the readjustment counseling 

currently provided in VA’s Vet Centers 

to certain veterans of the Armed Forces 

and members of their immediate 

families, and to implement provisions of 

the Caregivers and Veterans Omnibus 

Health Services Act of 2010 (the 2010 

Act) regarding readjustment counseling. 

Although for several decades VA has 

provided readjustment counseling to 

veterans and members of their 

immediate families, a regulation is now 

explicitly required by the 2010 Act. The 


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14708 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules 

2010 Act makes certain current 

members of the Armed Forces who 

served on active duty in Operation 

Enduring Freedom or Operation Iraqi 

Freedom eligible for the readjustment 

counseling that VA currently provides 

to veterans and members of their 

immediate families. In addition, the 

proposed regulation would authorize 

Vet Centers to provide referral and 

advice to individuals who are not 

otherwise eligible for such counseling, 

and served in a theater of combat 

operations or in an area during a period 

of hostilities in that area, in accordance 

with the 2010 Act. 

DATES: Comments must be received by 

VA on or before May 14, 2012. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or hand 

delivery 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– 

AN92, Vet Center Services.’’ 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) 461–4902 (this is not a toll-free 

number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System at http://www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Gregory Harms, Readjustment 

Counseling Service (15), Veterans 

Health Administration, Department of 

Veterans Affairs, 810 Vermont Avenue 

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

6525. (This is not a toll-free number). 

SUPPLEMENTARY INFORMATION: Under 38 

U.S.C. 1712A, VA is authorized to 

establish Vet Centers that must furnish 

counseling to certain veterans upon 

request, who are clearly identified by 

the statute, to assist such veterans in 

readjusting to civilian life. We have 

consistently interpreted this authority to 

provide readjustment counseling 

broadly to mean those types of 

counseling that would assist in 

readjusting to life as part of a family, 

reentering civilian employment, and 

referrals for medical care or substance 

abuse. For decades, VA has 

implemented this authority without 

regulation based on statutory authority. 

On May 5, 2010, Congress provided in 

section 401 of the 2010 Act that ‘‘[a]ny 

member of the Armed Forces, including 

a member of the National Guard or 

Reserve, who serves on active duty in 

the Armed Forces in Operation 

Enduring Freedom or Operation Iraqi 

Freedom is eligible’’ for the services 

provided to veterans under 38 U.S.C. 

1712A, ‘‘regardless of whether or not the 

member is currently on active duty in 

the Armed Forces at the time of receipt 

of counseling and services under’’ 

section 1712A. Public Law 111–163, 

sec. 401(a) and (b). The law also 

provides that eligibility for these 

members of the Armed Forces ‘‘shall be 

subject to such regulations as the 

Secretary of Defense and the Secretary 

of Veterans Affairs shall jointly 

prescribe for purposes of [section 401].’’ 

This proposed rule would initiate the 

rulemaking requirement prescribed by 

Congress. Although VA has provided 

section 1712A benefits without a 

regulation in the past, in the interests of 

clarity and completeness the proposed 

regulation would cover the provision of 

benefits to veterans under section 

1712A as well as benefits provided 

under section 401 of the 2010 Act. 

In addition, section 402 of the 2010 

Act added a new 38 U.S.C. 1712A(c), 

which requires VA to provide certain 

referral services and advice to an 

‘‘individual who has been discharged or 

released from active military, naval, or 

air service but who is not otherwise 

eligible’’ for readjustment counseling. 

The proposed rule would implement 

this statutory authority. 

Lastly, section 304 of the 2010 Act 

authorizes readjustment counseling for 

the immediate family of Operation 

Enduring Freedom and Operation Iraqi 

Freedom veterans for a period of 3 years 

after such veterans return from 

deployment. This counseling is 

available to help the readjustment of 

such veterans to civilian life or to assist 

the readjustment of the family following 

the return of such veterans. 

Proposed paragraph (a) would 

concern eligibility for readjustment 

counseling. Pursuant to the 

requirements of 38 U.S.C. 

1712A(a)(1)(A) and in accordance with 

current practice, VA provides benefits 

‘‘[u]pon the request’’ of an eligible 

veteran. There are no forms or claims 

required to obtain this benefit— 

individuals need only make an oral 

request for readjustment counseling 

upon presenting at the Vet Center. 

Subsections (a)(1) and (2) of 38 U.S.C. 

1712A set forth the categories of 

veterans who are eligible for benefits 

under the statute. We would greatly 

simplify the language describing them. 

First, 38 U.S.C. 1712A(a)(1)(B)(i)(I) 

requires VA to provide readjustment 

counseling to any ‘‘veteran who served 

on active duty * * * in a theater of 

combat operations (as determined by the 

Secretary [of VA] in consultation with 

the Secretary of Defense) during the 

Vietnam era.’’ Second, 38 U.S.C. 

1712A(a)(1)(B)(i)(II) requires VA to 

provide readjustment counseling to 

veterans who served ‘‘after May 7, 

1975,’’ which is the ending date of the 

Vietnam era (see 38 U.S.C. 101(29)), ‘‘in 

an area at a time during which 

hostilities occurred in that area.’’ Third, 

38 U.S.C. 1712A(a)(2)(A) provides that 

VA ‘‘may furnish’’ benefits to veterans 

other than those discussed above—for 

whom VA ‘‘shall furnish’’ benefits— 

who ‘‘served in the active military, 

naval, or air service in a theater of 

combat operations * * * during a 

period of war, or in any other area 

during a period in which hostilities 

* * * occurred in such area.’’ We note 

that VA has consistently provided 

benefits to such veterans in accordance 

with the Secretary’s discretion under 

this provision. 

The statute then defines ‘‘hostilities’’ 

solely for the purpose of veterans whose 

eligibility is established under section 

1712A(a)(2)(A), as ‘‘an armed conflict in 

which the members of the Armed Forces 

[we]re subjected to danger comparable 

to the danger to which members of the 

Armed Forces have been subjected in 

combat with enemy armed forces during 

a period of war, as determined by the 

Secretary [of VA] in consultation with 

the Secretary of Defense.’’ 38 U.S.C. 

1712A(a)(2)(B). This definition is a 

general, basic, and commonly 

understood meaning of the term 

‘‘hostilities.’’ We do not know, and the 

legislative history is silent as to, why 

Congress chose to make this definition 

explicitly applicable to the use of the 

term ‘‘hostilities’’ in section 

1712A(a)(2)(A), but did not address the 

meaning of the same term as it is used 

in section 1712A(a)(1)(B)(i)(II). In 

repeated consultations with DoD over 

the decades during which we have been 

providing benefits under this section, 

VA has been unable to identify a reason 

that the definition of ‘‘hostilities’’ in 

section 1712A(a)(2)(A) should be 

different from the definition in the 

earlier section. Again, the definition 

provided in 38 U.S.C. 1712A(a)(2)(B) is 

clear and encompasses the only 

meaning that we believe could have 

been intended by the use of the word 

‘‘hostilities.’’ Hence, we have not in 

practice distinguished between the 

‘‘hostilities’’ requirements in 

1712A(a)(1) and (a)(2), and do not 

intend to do so in the proposed rule. 

Because we do not distinguish 

between the ‘‘hostilities’’ described in 

sections 1712A(a)(1) and (a)(2), and 


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because we will continue to provide 

readjustment counseling in accordance 

with the broader, discretionary 

authority in section 1712(a)(2)(A), the 

above-described eligibility criteria for 

readjustment counseling under section 

1712A can be simplified to read as 

follows: 

(1) A veteran who served on active duty in 

a theater of combat operations during a 

period of war. 

(2) A veteran who served on active duty in 

an area in which hostilities occurred, or in 

combat against a hostile force during a period 

of hostilities. 

In addition to the above-described 

veterans, we propose to include three 

additional categories of individuals who 

would be authorized to receive benefits 

under the proposed rule. Proposed 

paragraph (a)(3) would establish 

eligibility for any ‘‘veteran who served 

on active duty during the Vietnam era 

who sought or was provided counseling 

under 38 U.S.C. 1712A before January 1, 

2004.’’ This would be a straightforward 

application of 38 U.S.C. 

1712A(a)(1)(B)(ii), which extends 

eligibility to veterans who served during 

the Vietnam era but did not serve in a 

combat theater or an area in which 

hostilities occurred, so long as they 

sought counseling before the year 2004. 

In proposed paragraph (a)(4) we 

would implement section 401 of the 

2010 Act, which states that ‘‘[a]ny 

member of the Armed Forces, including 

a member of the National Guard or 

reserve, who serves on active duty in 

the Armed Forces in Operation 

Enduring Freedom or Operation Iraqi 

Freedom is eligible for readjustment 

counseling and related mental health 

services under [38 U.S.C. 1712A].’’ We 

would extend eligibility to such active 

duty servicemembers and offer the same 

benefits as those provided to veterans 

under section 1712A. In our view, 

section 401 of the 2010 Act does not 

contemplate providing a lesser benefit 

to eligible active duty servicemembers. 

Additionally, after consultation with the 

Department of Defense, VA considers 

Operation New Dawn to be part of the 

same contingency operation that was 

formerly called Operation Iraqi 

Freedom. Therefore, VA will consider 

participants in Operation New Dawn to 

be eligible for benefits under the legal 

authorities pertaining to Operation Iraqi 

Freedom. 

Section 304 of the 2010 Act 

specifically requires VA to provide 

readjustment counseling to members of 

the immediate family of a veteran who 

served in Operation Enduring Freedom 

or Operation Iraqi Freedom (OEF/OIF) 

during the 3-year period beginning on 

the date of the return of such veteran 

from deployment in Operation Enduring 

Freedom or Operation Iraqi Freedom to 

assist in ‘‘the readjustment of such 

veterans to civilian life,’’ the recovery of 

such veterans from an injury or illness 

incurred during deployment, and ‘‘the 

readjustment of the family following the 

return of such veterans.’’ 

VA’s long-standing interpretation of 

38 U.S.C. 1712A has been that marriage 

and family counseling is a necessary 

component of counseling provided to a 

veteran to assist in readjusting to 

civilian life. The support of a family 

member and spouse is essential to the 

veteran’s ability to successfully 

transition to civilian life. By receiving 

readjustment counseling, such family 

member and spouse is better able to 

cope with the veteran’s readjustment 

process, and understand how to better 

assist the veteran, regardless of whether 

or not the veteran is currently receiving 

readjustment counseling of his or her 

own accord. Moreover, in cases where a 

veteran is provided mental health 

services as a result of a referral from a 

Vet Center, VA is specifically 

authorized to provide mental health 

services that ‘‘include such 

consultation, counseling, training, 

services, and expenses as are described 

in [38 U.S.C.] 1782 and 1783.’’ Section 

1782, in turn, provides independent 

authority for VA to provide counseling 

for the family members of veterans who 

are receiving VA treatment, and we have 

recently clarified this authority in 38 

CFR 71.50. In addition, members of the 

veteran’s immediate family qualify for 

bereavement counseling under section 

1783, if the family member was already 

in receipt of counseling services under 

section 1782. Unlike section 304 of the 

2010 Act, these statutes are not limited 

to OEF/OIF veterans. Moreover, as 

further explained below in our 

definition of the readjustment 

counseling services that VA currently 

provides through our Vet Centers, VA is 

already providing many readjustment 

counseling services to members of a 

veteran’s immediate family, without the 

limitations established in section 304. 

For these reasons, we do not believe that 

Congress intended that section 304 

should be interpreted to restrict 

readjustment counseling to members of 

the immediate family of veterans who 

served in OEF/OIF. We, therefore, 

propose to simply state in paragraph 

(a)(5) that VA will provide readjustment 

counseling to ‘‘[m]embers of the 

immediate family of a veteran or 

servicemember who is eligible for 

readjustment counseling under 

paragraphs (a)(1), (2), (3) or (4) of this 

section.’’ By using a broad statement, we 

would implement the authority in 

section 304, while recognizing VA’s 

continuing duty to provide the full 

range of readjustment counseling 

services to other veterans’ family 

members under the authorities 

described above and in accordance with 

long-standing VA practice. 

VA is required to determine if a 

veteran served on active duty in a 

theater of combat operations under this 

authority ‘‘in consultation with the 

Secretary of Defense.’’ See 38 U.S.C. 

1712A(a)(1)(B)(i)(I), (a)(2)(A), (a)(2)(B). 

Proposed paragraph (b)(2) would list the 

various types of evidence VA will 

accept as evidence of service in a theater 

of combat operations. The list includes 

every category of medal that can be used 

to establish eligibility, with 

parenthetical examples of the most 

common specific medals within certain 

categories. However, this list cannot be 

exhaustive, as additional medals may be 

added at any time. The list is based on 

years of practice and cooperation with 

the Department of Defense (DoD), and 

all veterans who serve in either a 

combat theater or an area where 

hostilities occur, and receive one of the 

medals listed in proposed paragraph (b) 

would qualify. We would include a 

‘‘catch-all’’ category at the end of the 

paragraph for ‘‘other combat theater 

awards’’ established by public law or 

executive order. VA will continue to 

actively consult with DoD on this issue 

and base eligibility on additional 

medals where appropriate. 

Proposed paragraph (b)(1) would state 

that veterans may submit an annotated 

DD–214 indicating service in a 

designated theater of combat operations. 

Proposed paragraph (b)(3) would 

allow VA to accept receipt of Hostile 

Fire or Imminent Danger Pay, 

commonly known as ‘‘combat pay,’’ or 

combat tax exemption after November 

11, 1998, as proof that the veteran or 

servicemember served on active duty in 

a theater of combat operations. 

Proposed paragraph (b)(4) would also 

allow VA to independently verify 

appropriate service in coordination with 

DoD. Although persons seeking 

counseling generally submit a DD–214 

and other appropriate documentation 

showing receipt of a medal, VA may act 

independently when the veteran or 

servicemember lacks documentation, or 

when a veteran states that it will be 

difficult for him or her to obtain such 

documentation. 

Proposed paragraph (c) would 

implement section 402 of the 2010 Act, 

which added 38 U.S.C. 1712A(c), which 

reads as follows: 

(c) Upon receipt of a request for counseling 

under [38 U.S.C. 1712A] from any individual 


emcdonald on DSK29S0YB1PROD with PROPOSALS
14710 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules 

who has been discharged or released from 

active military, naval, or air service but who 

is not otherwise eligible for such counseling, 

the Secretary [of VA] shall— 

(1) provide referral services to assist such 

individual, to the maximum extent 

practicable, in obtaining mental health care 

and services from sources outside [VA]; and 

(2) if pertinent, advise such individual of 

such individual’s rights to apply to the 

appropriate military, naval or air service, and 

to [VA], for review of such individual’s 

discharge or release from such service. 

38 U.S.C. 1712A(c). 

The benefit authorized by section 

1712A, i.e., ‘‘counseling to the veteran 

to assist the veteran in readjusting to 

civilian life,’’ and by section 401 of the 

2010 Act (‘‘readjustment counseling’’) is 

not defined by statute. In proposed 

paragraph (d), we would state that 

‘‘readjustment counseling’’ includes but 

is not limited to: psychosocial 

assessment, individual counseling, 

group counseling, marital and family 

counseling for military-related 

readjustment issues, substance abuse 

assessments, medical referrals, referral 

for additional VA benefits, employment 

assessment and referral, military sexual 

trauma counseling and referral, and 

outreach. We would add that a 

‘‘psychosocial assessment’’ means the 

holistic assessing of an individual’s 

psychological, social, and functional 

capacities as it relates to their 

readjustment from a combat theater. We 

note that VA is authorized to provide 

these services via Vet Center counselors, 

and to train such counselors, by 38 

U.S.C. 1712A(d). 

Proposed paragraph (e) would 

establish the confidentiality of records 

maintained under this section. Benefits 

provided under the proposed rule, in 

accordance with current practice, would 

be provided exclusively by VA Vet 

Centers, which operate independently 

of any VA medical center or DoD. In 

accordance with applicable authorities, 

including 5 U.S.C. 552a, 38 U.S.C. 5701 

and 7332, 45 CFR parts 160 and 164, 

and VA’s System of Records 64VA15, 

‘‘Readjustment Counseling Service Vet 

Center Program,’’ most recently 

amended at 74 FR 29019 (June 18, 

2009), VA Vet Center records will not be 

disclosed to any VA medical personnel 

or to DoD without the express, signed 

authorization of the veteran or 

servicemember, or a specific exception 

permitting their release. We believe that 

it is important to state this in the 

proposed rule to allay any fears, 

particularly fears held by active duty 

servicemembers, that their records 

regarding readjustment counseling will 

be shared with DoD without proper 

legal authority. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the 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 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines a ‘‘significant 

regulatory action,’’ which requires 

review by the Office of Management and 

Budget (OMB) 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 this Executive Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

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 proposed rule would 

have no such effect on State, local, or 

tribal governments, or on the private 

sector. 

Paperwork Reduction Act 

This proposed rule includes a 

collection of information under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3521) that requires approval by 

the Office of Management and Budget 

(OMB). Accordingly, under section 

3507(d) of the Act, VA has submitted a 

copy of this rulemaking to OMB for 

review. OMB assigns a control number 

for each collection of information it 

approves. Except for emergency 

approvals under 44 U.S.C. 3507(j), VA 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid OMB control 

number. Proposed § 17.2000(b) contains 

a collection of information under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3521). If OMB does not approve 

the collections of information as 

requested, VA will immediately remove 

the provisions containing a collection of 

information or take such other action as 

is directed by OMB. 

Comments on the collections of 

information contained in this proposed 

rule should be submitted to the Office 

of Management and Budget, Attention: 

Desk Officer for the Department of 

Veterans Affairs, Office of Information 

and Regulatory Affairs, Washington, DC 

20503, with copies sent by mail or hand 

delivery to: the Director, Office of 

Regulation Policy and Management 

(02REG), Department of Veterans 

Affairs, 810 Vermont Ave. NW., Room 

1068, Washington, DC 20420; fax to 

(202) 273–9026; or through 

www.Regulations.gov. Comments 

should indicate that they are submitted 

in response to ‘‘RIN 2900–AN92.’’ 

OMB is required to make a decision 

concerning the collections of 

information contained in this proposed 

rule between 30 and 60 days after 

publication of this document in the 

Federal Register. Therefore, a comment 

to OMB is best assured of having its full 

effect if OMB receives it within 30 days 

of publication. This does not affect the 

deadline for the public to comment on 

the proposed rule. 

VA considers comments by the public 

on proposed collections of information 

in— 

• Evaluating whether the proposed 

collections of information are necessary 

for the proper performance of the 

functions of VA, including whether the 

information will have practical utility; 

• Evaluating the accuracy of VA’s 

estimate of the burden of the proposed 

collections of information, including the 

validity of the methodology and 

assumptions used; 

• Enhancing the quality, usefulness, 

and clarity of the information to be 

collected; and 

• Minimizing the burden of the 

collections of information on those who 

are to respond, including through the 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules 14711 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

The proposed amendments to 38 CFR 

part 17 contain collections of 

information under the Paperwork 

Reduction Act for which we are 

requesting approval by OMB. These 

collections of information are described 

immediately following this paragraph, 

under their respective titles. 

Title: Readjustment counseling. 

Summary of collection of information: 

The proposed rule at § 17.2000(b) would 

allow a veteran to submit a copy of a 

DD–214 or other appropriate 

documentation as evidence that the 

veteran received a medal that would 

serve as the basis for establishing his or 

her eligibility to receive readjustment 

counseling. 

Description of the need for 

information and proposed use of 

information: Receipt of one of the listed 

medals will be accepted as evidence to 

establish eligibility for readjustment 

counseling. 

Description of likely respondents: 

Veterans or active duty service 

members. 

Estimated number of respondents per 

year: 57,000. 

Estimated frequency of responses per 

year: 1. 

Estimated total annual reporting and 

recordkeeping burden: No more than 1 

hour to locate and scan the appropriate 

documentation into the veteran’s 

Record. 

Regulatory Flexibility Act 

The Secretary of Veterans Affairs and 

the Secretary of Defense hereby certify 

that this proposed 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. 601–612. This 

proposed rule would not cause a 

significant economic impact on health 

care providers, suppliers, or other small 

entities. Therefore, pursuant to 5 U.S.C. 

605(b), this proposed 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 program number and title for 

this rule are as follows: 64.005, Grants 

to States for Construction of State Home 

Facilities; 64.007, Blind Rehabilitation 

Centers; 64.008, Veterans Domiciliary 

Care; 64.009, Veterans Medical Care 

Benefits; 64.010, Veterans Nursing 

Home Care; 64.014, Veterans State 

Domiciliary Care; 64.015, Veterans State 

Nursing Home Care; 64.018, Sharing 

Specialized Medical Resources; 64.019, 

Veterans Rehabilitation Alcohol and 

Drug Dependence; 64.022, Veterans 

Home Based Primary Care; and 64.024, 

VA Homeless Providers Grant and Per 

Diem Program. 

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 home care, 

Veterans. 

Approved: November 15, 2011. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

Approved: February 29, 2012. 

Jo Ann Rooney, 

Acting Under Secretary of Defense, Personnel 

& Readiness, Department of Defense. 

For the reasons set forth in the 

preamble, 38 CFR part 17 is 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 an undesignated center 

heading and § 17.2000 to read as 

follows: 

Vet Centers 

§ 17.2000 Vet Center services. 

(a) Eligibility for readjustment 

counseling. Upon request, VA will 

provide readjustment counseling to the 

following individuals: 

(1) A veteran who served on active 

duty in a theater of combat operations 

during a period of war. 

(2) A veteran who served on active 

duty in an area in which hostilities 

occurred, or in combat against a hostile 

force during a period of hostilities. 

(3) A veteran who served on active 

duty during the Vietnam era who sought 

or was provided counseling under 38 

U.S.C. 1712A before January 1, 2004. 

(4) Any member of the Armed Forces, 

including a member of the National 

Guard or reserve, who served on active 

duty in the Armed Forces in Operation 

Enduring Freedom or Operation Iraqi 

Freedom. 

(5) Members of the immediate family 

of a veteran or servicemember who is 

eligible for readjustment counseling 

under paragraphs (a)(1), (2), (3) or (4) of 

this section. 

(b) Proof of eligibility. For the 

purposes of this section, proof of service 

in a theater of combat operations or in 

an area during a period of hostilities in 

that area will be established by: 

(1) A DD Form 214 (Certificate of 

Release or Discharge from Active 

Service) containing notations of service 

in a designated theater of combat 

operations; or 

(2) Receipt of one of the following 

medals: The Armed Forces 

Expeditionary Medal, Service Specific 

Expeditionary Medal (e.g., Navy 

Expeditionary Medal), Combat Era 

Specific Expeditionary Medal (e.g., the 

Global War on Terrorism Expeditionary 

Medal), Campaign Specific Medal (e.g., 

Vietnam Service Medal or Iraq 

Campaign Medal), or other combat 

theater awards established by public 

law or executive order; or 

(3) Proof of receipt of Hostile Fire or 

Imminent Danger Pay (commonly 

referred to as ‘‘combat pay’’) or combat 

tax exemption after November 11, 1998. 

(4) Independent verification by VA in 

coordination with the Department of 

Defense. 

(c) Referral and advice. Upon request, 

VA will provide to an individual who 

has been discharged or released from 

active military, naval, or air service, but 

who is not otherwise eligible for such 

counseling, and meets the eligibility 

requirements of paragraph (a) of this 

section, the following: 

(1) Referral services to assist such 

individual, to the maximum extent 

practicable, in obtaining mental health 

care and services from sources outside 

VA; and 

(2) If pertinent, advise such 

individual of such individual’s rights to 

apply to: 

(i) The appropriate military, naval or 

air service for review of such 

individual’s discharge or release from 

such service; and 

(ii) VA for a VA benefits eligibility 

determination under 38 CFR 3.12. 

(d) Readjustment counseling defined. 

For the purposes of this section, 

readjustment counseling includes but is 

not limited to: psychosocial assessment, 

individual counseling, group 

counseling, marital and family 

counseling for military-related 

readjustment issues, substance abuse 

assessments, medical referrals, referral 

for additional VA benefits, employment 

assessment and referral, military sexual 

trauma counseling and referral, and 

outreach. A ‘‘psychosocial assessment’’ 


emcdonald on DSK29S0YB1PROD with PROPOSALS
14712 Federal Register / Vol. 77, No. 49 / Tuesday, March 13, 2012 / Proposed Rules 

under this paragraph means the holistic 

assessing of an individual’s 

psychological, social, and functional 

capacities as it relates to their 

readjustment from combat theaters. 

(e) Confidentiality. Benefits under this 

section are furnished solely by VA Vet 

Centers, which maintain confidential 

records independent from any other VA 

or Department of Defense medical 

records and which will not disclose 

such records without either the veteran 

or servicemember’s voluntary, signed 

authorization, or a specific exception 

permitting their release. For more 

information, see 5 U.S.C. 552a, 38 

U.S.C. 5701 and 7332, 45 CFR parts 160 

and 164, and VA’s System of Records 

64VA15, ‘‘Readjustment Counseling 

Service Vet Center Program.’’ 

(Authority: 38 U.S.C. 501 and 1712A; Pub. L. 

111–163, sec. 401) 

[FR Doc. 2012–6004 Filed 3–12–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0076; A–1–FRL– 

9646–2] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Massachusetts; Determination of 

Attainment of the 1997 Ozone Standard 

for the Eastern Massachusetts 

Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The EPA is proposing two 

separate and independent 

determinations regarding the BostonLawrence-Worcester (Eastern 

Massachusetts) moderate 1997 8-hour 

ozone nonattainment area. First, based 

on complete, quality-assured and 

certified air monitoring data for 2007– 

2009, EPA is proposing to determine 

that the Eastern Massachusetts 

nonattainment area attained the 1997 

8-hour National Ambient Air Quality 

Standard (NAAQS) for ozone as of the 

area’s applicable attainment date, June 

15, 2010. Second, EPA is proposing to 

determine that Eastern Massachusetts 

has attained the 1997 8-hour ozone 

NAAQS, based upon complete, qualityassured and certified ambient air 

monitoring data that show the area 

monitored attainment of the 1997 

8-hour ozone NAAQS for the 2008–2010 

and 2009–2011 monitoring periods. If 

this latter proposed determination is 

made final, under the provisions of 

EPA’s ozone implementation rule, the 

requirements for this area to submit an 

attainment demonstration, a reasonable 

further progress plan, contingency 

measures, and other planning State 

Implementation Plans related to 

attainment of the 1997 8-hour ozone 

NAAQS shall be suspended for so long 

as the area continues to attain the 1997 

ozone NAAQS. EPA is proposing these 

determinations under the Clean Air Act. 

DATES: Written comments must be 

received on or before April 12, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0076 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0076,’’ 

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 No. EPA–R01–OAR–2012– 

0076. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site 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 email comment directly 

to EPA without going through 

www.regulations.gov your email 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 

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 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, email 

Burkhart.Richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

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

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. What actions is EPA taking? 

II. What is the effect of these actions? 

III. What is the background for these actions? 

IV. What is EPA’s analysis of the relevant air 

quality data? 

V. Proposed Actions 

VI. Statutory and Executive Order Reviews 

I. What actions is EPA taking? 

EPA is proposing two separate and 

independent determinations. First, 


emcdonald on DSK29S0YB1PROD with PROPOSALS