52076 Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 

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

specific sections. 

* * * * * 

■ 2. Amend § 17.108 by revising 

paragraphs (e)(16) and (17) and adding 

paragraph (e)(18) to read as follows: 

§ 17.108 Copayments for inpatient hospital 

care and outpatient medical care. 

* * * * * 

(e) * * * 

(16) In-home video telehealth care; 

(17) Mental health peer support 

services; and 

(18) An outpatient care visit solely for 

education on the use of opioid 

antagonists to reverse the effects of 

overdoses of specific medications or 

substances. 

* * * * * 

■ 3. Amend § 17.110 by adding 

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

§ 17.110 Copayments for medication. 

* * * * * 

(c) * * * 

(12) Opioid antagonists furnished to a 

veteran who is at high risk for overdose 

of a specific medication or substance in 

order to reverse the effect of such an 

overdose. 

(i) For purposes of this paragraph 

(c)(12), a veteran who is at high risk for 

overdose of a specific medication or 

substance in order to reverse the effect 

of such an overdose is a veteran: 

(A) Who is prescribed or using 

opioids, or has an opioid use history, 

and who is at increased risk for opioid 

overdose as determined by VA; or 

(B) Whose provider deems, based on 

their clinical judgment, that the veteran 

may benefit from ready availability of an 

opioid antagonist. 

(ii) Examples of a veteran who is at 

high risk for overdose of a specific 

medication or substance in order to 

reverse the effect of such an overdose 

include, but are not limited to, the 

following: 

(A) A veteran with an opioid or 

substance use disorder diagnosis; 

(B) A veteran receiving treatment for 

an opioid or substance use disorder 

diagnosis, such as receiving opioid 

agonist therapy or inpatient, residential, 

or outpatient treatment for such 

diagnosis, or attending a support group 

for such diagnosis; 

(C) A veteran with a history of 

prescription opioid misuse or injection 

opioid use; 

(D) A veteran with a history of 

previous opioid overdose; 

(E) A veteran who is taking an 

extended-release or long-acting 

prescription opioid; 

(F) A veteran with household or 

community access to opioids who is at 

increased risk for overdose (e.g., 

psychiatric disorder or high risk for 

suicide) as determined by VA; or 

(G) A veteran predicted to be at high 

risk for overdose based on standardized 

assessments or predictive models (e.g., 

Risk Index for Overdose or Serious 

Opioid-induced Respiratory Depression 

[RIOSORD]; Stratification Tool for 

Opioid Risk Mitigation [STORM]). 

Note 1 to paragraph (c)(12). The examples 

in paragraphs (c)(12)(ii)(A) through (G) of this 

section apply even if the veteran has had a 

period of abstinence from opioids (e.g., due 

to treatment, detoxification, incarceration) 

because loss of tolerance can increase the risk 

for an overdose. 

[FR Doc. 2021–20196 Filed 9–17–21; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 38 

RIN 2900–AR03 

Referral for VA Administrative 

Decision for Character of Discharge 

Determinations 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its regulations 

to clarify that, when determining 

eligibility for interment or 

memorialization benefits, the National 

Cemetery Administration (NCA) will 

refer cases involving other than 

honorable (OTH) discharges, certain 

other discharges, or potential statutory 

or regulatory bars to benefits, to the 

Veterans Benefits Administration (VBA) 

for character of discharge 

determinations. VA is merely updating 

its regulations to conform with statute 

and current practice. 

DATES: This rule is effective October 20, 

2021. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Sowders, Division Chief, Eligibility 

Verification Division, National 

Cemetery Administration, Department 

of Veterans Affairs, 810 Vermont 

Avenue NW, Washington, DC 20420. 

Telephone: 314–416–6369. (This is not 

a toll-free number.) 

SUPPLEMENTARY INFORMATION: On 

December 18, 2020, VA published in the 

Federal Register (85 FR 82399) a 

proposed rule revising its regulations to 

clarify that, when determining 

eligibility for interment or 

memorialization benefits, NCA will 

refer cases involving OTH discharges or 

other character of discharge issues to 

VBA for an administrative decision. The 

public comment period ended on 

February 16, 2021. 

VA received one comment that 

expressed disagreement with the 

proposed rule, stating that the referral of 

cases for a character of discharge 

determination was ‘‘morally and 

ethically reprehensible.’’ The 

commenter also asserted that the 

proposed rule sought to assume 

Congress’s role ‘‘to write statute’’ by 

redefining the term ‘‘veteran,’’ and 

suggested that VA use an automated 

formula to evaluate whether an 

individual satisfies the statutory 

definition of veteran. We thank the 

commenter for this comment. 

However, we disagree that this rule 

redefines the term ‘‘veteran’’ in any 

way. While the supplemental 

information in the proposed rule 

explained that eligibility for NCAadministered benefits is tied to an 

individual establishing ‘‘veteran’’ status 

or meeting other specified conditions, 

this rule does not affect the statutory 

definition of ‘‘veteran’’ as provided by 

Congress in 38 U.S.C. 101(2). The rule 

only amends 38 CFR 38.620 by adding 

a note following paragraph (i) to inform 

that a benefit request, pertaining to a 

decedent whose character of discharge 

may potentially bar eligibility to that 

benefit, may be referred to VBA for 

review in accordance with 38 CFR 3.12 

(Character of discharge) or other 

applicable sections. As such, we make 

no changes based on the comment. 

We appreciate the commenter’s 

suggested alternative approach to 

determining whether an individual 

satisfies the statutory definition of 

‘‘veteran’’, but Congress has delegated to 

VA the authority to promulgate 

reasonable regulations on VA benefits 

eligibility, which it has done in 38 CFR 

3.12. See Garvey v. Wilkie, 972 F.3d 

1333 (Fed. Cir. 2020). It is not 38 CFR 

38.620 or this rule (which merely 

clarifies NCA current practice), but 38 

CFR 3.12, that seems to pertain more to 

the commenter’s concern. 

Under 38 CFR 3.12(a), some 

discharges, such as honorable and 

general (under honorable conditions) 

automatically convey ‘‘veteran’’ status. 

However, other types of discharges 

require in-depth examination under the 

provisions of 38 CFR 3.12(d) to 

determine whether the discharge should 

be considered to have been issued under 

dishonorable conditions. Moreover, the 

provisions of 38 CFR 3.12(c), commonly 

referred to as the statutory bars to 

benefits (since they are derived from 38 

U.S.C. 5303(a)) may also be implicated. 

Because of VBA’s expertise and 

familiarity with 38 CFR 3.12, NCA has 

Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations 52077 

historically referred character of 

discharge issues to VBA. Doing so helps 

ensure VA-wide consistency on benefits 

determinations and helps prevent 

confusion in claimants and beneficiaries 

that would likely result from VBA and 

NCA having differing standards. The 

amendment this final rule makes merely 

adds an explanatory note to inform the 

public of this long standing process. As 

such, we make no changes based on the 

comment regarding the complexity of 

character of discharge determinations, 

or the commentor’s suggestion that VA 

utilize automated formulas to determine 

the character of a discharge. 

Finally, the commenter indicated that 

the proposed rule was not available for 

comment for the entire 60 days 

following publication in the Federal 

Register, and requested an extended 

period for comment. We note that the 

proposed rule was published in the 

Federal Register on December 18, 2020, 

and the comment period closed on 

February 16, 2021, which is a period of 

60 days. Consequently, we take no 

action based on this comment. 

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. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a 

significant regulatory action under 

Executive Order 12866. The Regulatory 

Impact Analysis associated with this 

rulemaking can be found as a 

supporting document at 

www.regulations.gov. 

Regulatory Flexibility Act 

The Secretary 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, 5 U.S.C. 601–612. The provisions 

associated with this rulemaking are 

merely internal administrative processes 

to VA specifically and do not involve or 

impact any external entities outside of 

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

605(b), the initial and final regulatory 

flexibility analysis requirements of 5 

U.S.C. 603 and 604 do not apply. 

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 

one year. This final rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.201, National Cemeteries; and 

64.202, Procurement of Headstones and 

Markers and/or Presidential Memorial 

Certificates. 

Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this rule as not a major rule, 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 38 CFR Part 38 

Administrative practice and 

procedure, Cemeteries, Claims, 

Veterans. 

Signing Authority 

Denis McDonough, Secretary of 

Veterans Affairs, approved this 

document on September 14, 2021, 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. 

Luvenia Potts, 

Regulation Development Coordinator, Office 

of Regulation Policy & Management, Office 

of General Counsel, Department of Veterans 

Affairs. 

For the reasons set forth in the 

preamble, VA amends 38 CFR part 38 as 

set forth below: 

PART 38—NATIONAL CEMETERIES 

OF THE DEPARTMENT OF VETERANS 

AFFAIRS 

■ 1. The authority citation for part 38 

continues to read as follows: 

Authority: 38 U.S.C. 101, 107, 112, 501, 

512, 2306, 2402, 2403, 2404, 2407, 2408, 

2411, 5303, 7105. 

■ 2. Amend § 38.620 by adding a note to 

the section to read as follows: 

§ 38.620 Persons eligible for burial. 

* * * * * 

Note 1 to § 38.620: A benefit request 

pertaining to a decedent whose character of 

discharge may potentially bar eligibility to 

that benefit may be referred to the Veterans 

Benefits Administration for review in 

accordance with 38 CFR 3.12 (Character of 

discharge) or other applicable sections. 

[FR Doc. 2021–20220 Filed 9–17–21; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2020–0245; FRL–8664–01– 

OCSPP] 

Fluazinam; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of fluazinam in 

or on multiple commodities that are 

identified and discussed later in this 

document. Interregional Research 

Project Number 4 (IR–4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

September 20, 2021. Objections and 

requests for hearings must be received 

on or before November 19, 2021, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2020–0245, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health emergency, 

the EPA Docket Center (EPA/DC) and 

Reading Room is closed to visitors with