12524 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules 

Rehabilitation Alcohol and Drug 

Dependence; and 64.022, Veterans 

Home Based Primary 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 February 24, 2012, 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, 

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 recordkeeping 

requirements, Scholarships and 

fellowships, Travel and transportation 

expenses, Veterans. 

Dated: February 27, 2012. 

Robert C. McFetridge, 

Director, Office of Regulation Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, the Department of Veterans 

Affairs proposes to amend 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 § 17.34 by revising 

paragraph (b) to read as follows: 

§ 17.34 Tentative Eligibility 

Determinations. 

* * * * * 

(b) Based on discharge. The 

application is filed within 6 months 

after date of honorable discharge and: 

(1) For a veteran who seeks eligibility 

based on a period of service that began 

on or before September 7, 1980, such 

period must have been for not less than 

6 months of active duty. 

(2) For a veteran who seeks eligibility 

based on a period of service that began 

after September 7, 1980, the veteran 

must meet the applicable minimum 

service requirements under 38 U.S.C. 

5303A. 

(Authority: 38 U.S.C. 501, 5303A) 

3. Amend § 17.37 by adding 

paragraph (k) immediately after 

paragraph (j) to read as follows: 

§ 17.37 Enrollment Not Required— 

Provision of Hospital and Outpatient Care 

to Veterans. 

* * * * * 

(k) A veteran may receive care for 

psychosis or mental illness other than 

psychosis pursuant to 38 CFR 17.109. 

* * * * * 

4. Amend § 17.108 by adding 

paragraph (d)(12) to read as follows: 

§ 17.108 Copayments for inpatient hospital 

care and outpatient medical care. 

* * * * * 

(d) * * * 

(12) A veteran receiving care for 

psychosis or a mental illness other than 

psychosis pursuant to § 17.109. 

* * * * * 

5. Add § 17.109 to read as follows: 

§ 17.109 Presumptive eligibility for 

psychosis and mental illness other than 

psychosis. 

(a) Psychosis. Eligibility for benefits 

under this part is established by this 

section for treatment of an active 

psychosis, and such condition is 

exempted from copayments under 

§§ 17.108, 17.110, and 17.111 for any 

veteran of World War II, the Korean 

conflict, the Vietnam era, or the Persian 

Gulf War who developed such 

psychosis: 

(1) Within 2 years after discharge or 

release from the active military, naval, 

or air service; and 

(2) Before the following date 

associated with the war or conflict in 

which he or she served: 

(i) World War II: July 26, 1949. 

(ii) Korean conflict: February 1, 1957. 

(iii) Vietnam era: May 8, 1977. 

(iv) Persian Gulf War: The end of the 

2-year period beginning on the last day 

of the Persian Gulf War. 

(b) Mental illness (other than 

psychosis). Eligibility under this part is 

established by this section for treatment 

of an active mental illness (other than 

psychosis), and such condition is 

exempted from copayments under 

§§ 17.108, 17.110, and 17.111 for any 

veteran of the Persian Gulf War who 

developed such mental illness other 

than psychosis: 

(1) Within 2 years after discharge or 

release from the active military, naval, 

or air service; and 

(2) Before the end of the 2-year period 

beginning on the last day of the Persian 

Gulf War. 

(c) No minimum service required. 

Eligibility for care and waiver of 

copayments will be established under 

this section without regard to the 

veteran’s length of active-duty service. 

(Authority: 38 U.S.C. 501, 1702, 5303A) 

6. Amend § 17.110 by adding 

paragraph (c)(10) immediately after 

paragraph (c)(9) to read as follows: 

§ 17.110 Copayments for medication. 

* * * * * 

(c) * * * 

(10) A veteran receiving care for 

psychosis or a mental illness other than 

psychosis pursuant to § 17.109. 

* * * * * 

7. Amend § 17.111 by adding 

paragraph (f)(9) to read as follows: 

§ 17.111 Copayments for extended care 

services. 

* * * * * 

(f) * * * 

(9) A veteran receiving care for 

psychosis or a mental illness other than 

psychosis pursuant to § 17.109. 

* * * * * 

[FR Doc. 2012–4941 Filed 2–29–12; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2010–0100; FRL–9641–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Lead Ambient Air Quality Standards 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a request submitted by the Indiana 

Department of Environmental 

Management (IDEM) on November 24, 

2010, to revise the Indiana State 

Implementation Plan (SIP) for lead (Pb) 

under the Clean Air Act (CAA). This 

submittal incorporates the National 

Ambient Air Quality Standards 

(NAAQS) for Pb promulgated by EPA in 

2008. 

DATES: Comments must be received on 

or before April 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2010–0100, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: aburano.douglas@epa.gov. 

3. Fax: (312) 408–2279. 

4. Mail: Douglas Aburano, Chief, 

Attainment Planning and Maintenance 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Proposed Rules 12525 

Section (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: Douglas Aburano, 

Chief, Attainment Planning and 

Maintenance Section (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. 

Please see the direct final rule which 

is located in the Final Rules section of 

this Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Andy Chang, Environmental Engineer, 

Attainment Planning and Maintenance 

Section, Air Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–0258, 

chang.andy@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If we do not receive any adverse 

comments in response to this rule, we 

do not contemplate taking any further 

action. If EPA receives adverse 

comments, we will withdraw the direct 

final rule, and will address all public 

comments in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule, which is 

located in the Final Rules section of this 

Federal Register. 

Dated: February 21, 2012. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2012–4971 Filed 2–29–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2010–0696–201202(b); 

FRL–9636–7] 

Approval and Promulgation of 

Implementation Plans; Tennessee: 

Prevention of Significant Deterioration; 

Greenhouse Gases—Automatic 

Rescission Provisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

the State Implementation Plan (SIP) 

revision submitted by the State of 

Tennessee, through the Tennessee 

Department of Environmental 

Conservation (TDEC), Air Pollution 

Control Division, to EPA on January 11, 

2012, for the purpose of amending the 

State’s New Source Review (NSR) 

Prevention of Significant Deterioration 

(PSD) regulations as they relate to 

greenhouse gases (GHGs). Specifically, 

Tennessee amended its PSD regulations 

to add automatic rescission provisions. 

These provisions provide that in the 

event that the U.S. Court of Appeals for 

the DC Circuit or the U.S. Supreme 

Court issues an order which would 

render GHGs not subject to regulation 

under the Clean Air Act’s (CAA) PSD 

permitting program, then GHGs shall 

not be subject to regulation under 

Tennessee’s PSD regulations as of the 

effective date of EPA’s Federal Register 

notice of vacatur. Further, the 

provisions provide that in the event that 

there is a change to Federal law that 

supersedes regulation of GHGs under 

the CAA’s PSD permitting program, 

then GHGs shall not be subject to 

regulation under Tennessee’s PSD 

regulations as of the effective date of the 

change in federal law. EPA took action 

to approve the GHG Tailoring Rule PSD 

provisions into the Tennessee SIP in a 

separate rulemaking. EPA is proposing 

to approve Tennessee’s January 11, 

2012, SIP revision because the Agency 

has made the determination that this 

SIP revision is not contrary to section 

110 and part C of the Federal Clean Air 

Act or EPA regulations regarding PSD 

permitting for GHGs. In the Final Rules 

Section of this Federal Register, EPA is 

approving the State’s implementation 

plan revision as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. 

DATES: Written comments must be 

received on or before April 2, 2012. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0696, by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2010– 

0696,’’ Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 

5. Hand Delivery or Courier: Lynorae 

Benjamin, Chief, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. 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 federal 

holidays. 

Please see the direct final rule which 

is located in the Rules section of this 

Federal Register for detailed 

instructions on how to submit 

comments. 

FOR FURTHER INFORMATION CONTACT: 

Twunjala Bradley, Regulatory 

Development Section, Air Planning 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9352. 

Ms. Bradley can be reached via 

electronic mail at 

bradley.twunjala@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

additional information see the direct 

final rule which is published in the 

Rules Section of this Federal Register. 

A detailed rationale for the approval is 

set forth in the direct final rule. If no 

adverse comments are received in 

response to this rule, no further activity 

is contemplated. If EPA receives adverse 

comments, the direct final rule will be 

withdrawn and all public comments 

received will be addressed in a 

subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period on this 

document. Any parties interested in 

commenting on this document should 

do so at this time. 


srobinson on DSK4SPTVN1PROD with PROPOSALS