Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Proposed Rules 26683 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

2. The FAA amends § 39.13 by 

removing Amendment 39–15889 and 

adding the following new AD: 

Turbomeca S.A.: Docket No. FAA–2007– 

28077; Directorate Identifier 2007–NE– 

20–AD. 

Comments Due Date 

(a) We must receive comments by June 28, 

2010. 

Affected Airworthiness Directives (ADs) 

(b) This AD revises AD 2009–09–03, 

Amendment 39–15889. 

Applicability 

(c) This AD applies to Turbomeca S.A. 

Arriel 2B and 2B1 turboshaft engines that 

don’t incorporate modification TU166. These 

engines are installed on, but not limited to, 

Eurocopter AS 350 B3 and EC 130 B4 

helicopters. 

Reason 

(d) This AD results from: 

Since issuance of AD 2007–0109, 

Turbome ́ca has released modification TU166 

which consists in inserting HP blade 

dampers between the HP disc and the HP 

blade platform. Introduction of these 

dampers has demonstrated to limit axial 

displacement of the HP blade relative to the 

disk in case of blade lock rupture or opening, 

therefore eliminating the need for inspection 

and replacement. 

We are issuing this AD to prevent an 

uncommanded in-flight engine shutdown 

which could result in an emergency 

autorotation landing or an accident. 

Actions and Compliance 

(e) Unless already done, do the following 

actions: 

Initial Inspection 

(1) Perform an initial high-pressure (HP) 

turbine borescope inspection according to 

Turbomeca S.A. Mandatory Service Bulletin 

(MSB) No. 292 72 2825, Version B, dated 

September 21, 2009, or earlier version as 

follows: 

(i) For engines with fewer than 500 hours 

and 450 cycles since new or since the last HP 

turbine borescope inspection, inspect before 

reaching 600 hours or 500 cycles whichever 

occurs first. Replace HP turbine modules 

with rearward turbine blade displacement 

greater than 0.5 mm. 

(ii) For the remaining engines, inspect 

within the next 100 hours. Replace HP 

turbine modules with rearward turbine blade 

displacement greater than 0.5 mm. 

Repetitive Inspections 

(2) Perform repetitive HP turbine borescope 

inspections according to Turbomeca S.A. 

MSB No. 292 72 2825, Version B, dated 

September 21, 2009 or earlier version: 

(i) Within 600 hours or 500 cycles from the 

previous inspection, whichever occurs first, 

if the rearward displacement of the turbine 

blades was less than 0.2 mm. Replace HP 

turbine modules with rearward turbine blade 

displacement greater than 0.5 mm. 

(ii) Within 100 hours of the previous 

inspection if the rearward displacement of 

the turbine blades was between 0.2 mm and 

0.5 mm. Replace HP turbine modules with 

rearward turbine blade displacement greater 

than 0.5 mm. 

Optional Terminating Action 

(f) Incorporating modification TU166 

terminates the repetitive inspection 

requirements of paragraphs (e)(2)(i) and 

(e)(2)(ii) of this AD. 

FAA AD Differences 

(g) For clarification, we restructured the 

actions and compliance wording of this AD. 

(h) We deleted the Turbomeca reporting 

requirement from the AD. 

(i) Although EASA Airworthiness Directive 

2007–0109R1, dated November 9, 2009, 

applies to the Arriel 2B1A engine, this AD 

does not apply to that model because it has 

no U.S. type certificate. 

Alternative Methods of Compliance 

(AMOCs) 

(j) The Manager, Engine Certification 

Office, FAA, has the authority to approve 

AMOCs for this AD, if requested using the 

procedures found in 14 CFR 39.19. 

Related Information 

(k) Refer to EASA Airworthiness Directive 

2007–0109R1, dated November 9, 2009, and 

Turbomeca S.A. MSB No. 292 72 2825, 

Version B, dated September 21, 2009, or 

earlier version, for related information. 

(l) Contact Kevin Dickert, Aerospace 

Engineer, Engine Certification Office, FAA, 

Engine and Propeller Directorate, 12 New 

England Executive Park, Burlington, MA 

01803; e-mail: kevin.dickert@faa.gov; 

telephone (781) 238–7117, fax (781) 238– 

7199. 

Issued in Burlington, Massachusetts, on 

May 5, 2010. 

Peter A. White, 

Assistant Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. 2010–11324 Filed 5–11–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN41 

Hospital and Outpatient Care for 

Veterans Released From Incarceration 

to Transitional Housing 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) proposes to amend its 

regulations to authorize VA to provide 

hospital and outpatient care to a veteran 

in a program that provides transitional 

housing upon release from incarceration 

in a prison or jail. The proposed rule 

would permit VA to work with these 

veterans while they are in these 

programs with the goal of continuing to 

work with them after their release. This 

would assist in preventing 

homelessness in this population of 

veterans. 

DATES: Comments must be received on 

or before July 12, 2010. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov/; by mail or handdelivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Avenue, 

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– 

AN41 Hospital and Outpatient Care for 

Veterans Released from Incarceration to 

Transitional Housing.’’ 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 for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov/. 

FOR FURTHER INFORMATION CONTACT: 

James McGuire, Program Manager, 

Healthcare for Re-entry Veterans, 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–1591. (This is not a 

toll free number.) 

SUPPLEMENTARY INFORMATION: Section 

1710(h) of title 38, United States Code, 

states that VA is not required ‘‘to furnish 

care to a veteran to whom another 

agency of Federal, State, or local 

government has a duty to provide care 

in an institution of such government.’’ 

The implementing regulation for section 

1710(h) is 38 CFR 17.38(c)(5). Generally, 

§ 17.38(c)(5) bars VA from providing 

‘‘[h]ospital and outpatient care for a 

veteran who is either a patient or inmate 

in an institution of another government 

agency if that agency has a duty to give 

the care or services.’’ Typically, 

government agencies have a duty to 

provide medical care to inmates who 

have been released from incarceration in 

a prison or jail to a temporary housing 

program (such as a community 

residential re-entry center or halfway 

house). 

This duty may exist even though the 

responsible government agency expects 

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26684 Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Proposed Rules 

residents in these programs to arrange 

for their own medical care. Irrespective 

of whether a duty exists, however, VA 

wants to be able to provide hospital and 

outpatient care to eligible veterans in 

these programs. Under § 17.38(c)(5), VA 

cannot provide care to veterans in these 

programs if the other government 

agency has a duty to provide the care 

unless that agency is willing to pay VA 

for the care by contract. Accordingly, we 

propose to amend § 17.38 to establish 

that the exclusion in paragraph (c)(5) 

does not apply to any veteran who is 

released from incarceration to a 

transitional housing program. This 

amendment is necessary to authorize 

VA hospital and outpatient care for 

these veterans who often require 

additional assistance in successfully 

transitioning from incarceration. This 

amendment would not be contrary to 

section 1710(h) because that provision 

only states that VA is not required to 

provide care to these veterans; it does 

not prohibit VA from providing care to 

them. 

VA wants to provide care to these 

veterans because VA has found that 

upon release from jail or prison these 

veterans are particularly at risk of not 

receiving adequate care and in many 

cases become homeless after their 

release from transitional housing 

programs. Under 38 U.S.C. 2022(a), VA 

is charged with reaching out ‘‘to 

veterans at risk of homelessness, 

including particularly veterans who are 

being discharged or released from 

institutions after * * * imprisonment.’’ 

Outreach workers for the Veterans 

Health Administration report that 

veterans with acute or chronic medical 

or psychiatric problems treated while 

incarcerated often have difficulty 

obtaining similar treatment during a 

transitional period. In particular, if 

mental health issues are not addressed 

during the transitional period, upon 

release, many of these veterans are 

rendered incapable of finding or 

maintaining appropriate housing. 

In addition to being an important 

component of VA’s duty to attempt to 

prevent veterans from becoming 

homeless, establishing that the 

exclusion in 38 CFR 17.38(c)(5) does not 

apply to veterans who are residents in 

transitional housing programs offers 

potentially significant public benefits 

and will further other VA policies. For 

example, section 20 of VHA Handbook 

1160.01 specifically requires VA to 

‘‘engage with veterans being released 

from prison in need of care.’’ VHA 

Handbook 1160.01, section 20(a)(2). As 

significant numbers of veterans in these 

programs have difficulty obtaining 

medical treatment comparable to the 

treatment they received in prison, some 

begin to believe the only way they can 

obtain treatment is to violate the terms 

of their release and return to prison. A 

2008 Urban Institute study of a large reentry population cohort, found 

healthcare played a key role in the first 

months of community readjustment and 

reduced recidivism. Mallik-Kane, K, and 

Visher, C.A., Health and prisoner reentry: How physical, mental, and 

substance abuse conditions shape the 

process of re-integration. Urban Institute 

Justice Policy Center: Washington, DC 

(2008). In particular, the study noted 

that access to medications for chronic 

health and mental health conditions is 

a low-cost powerful tool in preventing 

recidivism. 

For the foregoing reasons, VA 

proposes to amend 38 CFR 17.38 to 

revise the exclusion in the VA medical 

benefits package for a veteran who is a 

patient or inmate in an institution of 

another government agency so that the 

exclusion does not apply to a veteran 

who is a resident of a transitional 

housing program. For purposes of this 

proposed rule, a ‘‘transitional housing 

program,’’ would include community 

residential re-entry centers, halfway 

houses, and similar residential facilities. 

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 

given year. This proposed rule would 

have no such effect on State, local and 

tribal governments, on the private 

sector. 

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 

Order classifies a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB), as 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, State, local, or tribal governments 

or communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action planned or taken 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 proposed rule have 

been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. 

Paperwork Reduction Act 

The proposed rule does not contain 

any collections of information under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520). 

Regulatory Flexibility Act 

The Secretary hereby certifies 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 only affect 

individuals, not 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 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this document are 

64.009, Veterans Medical Care Benefits; 

64.011, Veterans Dental Care; 64.012, 

Veterans Prescription Service; 64.013, 

Veterans Prosthetic Appliances; 64.019, 

Veterans 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 May 3, 2010, for 

publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

Claims, Day care, Dental health, Drug 

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Federal Register / Vol. 75, No. 91 / Wednesday, May 12, 2010 / Proposed Rules 26685 

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: May 6, 2010. 

Robert C. McFetridge, 

Director, Regulation Policy and Management, 

Office of the General Counsel. 

For the reasons stated in the 

preamble, VA 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, 1721, and as 

noted in specific sections. 

2. Amend § 17.38 by revising 

paragraph (c)(5) to read as follows: 

§ 17.38 Medical benefits package. 

* * * * * 

(c) * * * 

(5) Hospital and outpatient care for a 

veteran who is either a patient or inmate 

in an institution of another government 

agency if that agency has a duty to give 

the care or services. This exclusion does 

not apply to veterans who are released 

from incarceration in a prison or jail 

into a temporary housing program (such 

as a community residential re-entry 

center or halfway house). 

* * * * * 

[FR Doc. 2010–11177 Filed 5–11–10; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 81 

[EPA–R04–OAR–2010–0134–201007; FRL– 

9150–1] 

Approval and Promulgation of 

Implementation Plans and Designation 

of Areas for Air Quality Planning 

Purposes; Kentucky; Redesignation of 

the Kentucky Portion of the CincinnatiHamilton 1997 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: On January 29, 2010, the 

Commonwealth of Kentucky, through 

the Kentucky Energy and Environment 

Cabinet, Division for Air Quality (DAQ), 

submitted a request to redesignate the 

Kentucky portion of the tri-state 

Cincinnati-Hamilton 8-hour ozone 

nonattainment area (the ‘‘tri-state 

Cincinnati-Hamilton Area’’) to 

attainment for the 1997 8-hour ozone 

national ambient air quality standards 

(NAAQS); and to approve the state 

implementation plan (SIP) revision 

containing a maintenance plan for the 

Kentucky portion of the tri-state 

Cincinnati-Hamilton Area. The tri-state 

Cincinnati-Hamilton 1997 8-hour ozone 

nonattainment area is composed of 

Boone, Campbell and Kenton Counties 

in Kentucky (hereafter also referred to as 

‘‘Northern Kentucky’’); Butler, Clermont, 

Clinton, Hamilton and Warren Counties 

in Ohio; and a portion of Dearborn 

County in Indiana. In this action, EPA 

is proposing to: Determine that the tristate Cincinnati-Hamilton Area has 

attained the 1997 8-hour ozone NAAQS; 

approve Kentucky’s redesignation 

request for Boone, Campbell and Kenton 

Counties in Kentucky as part of the tristate Cincinnati Area; approve the 1997 

8-hour ozone maintenance plan for 

Northern Kentucky, including the motor 

vehicle emission budgets (MVEBs) for 

nitrogen oxides (NOX) and volatile 

organic compounds (VOC) for the years 

2015 and 2020; and approve the 2008 

emissions inventory for Northern 

Kentucky as meeting the requirements 

of the Clean Air Act (CAA). EPA’s 

proposed approval of Kentucky’s 

redesignation request is based on the 

belief that Kentucky’s request meets the 

criteria for redesignation to attainment 

specified in the CAA, including the 

determination that the entire tri-state 

Cincinnati-Hamilton ozone 

nonattainment area has attained the 

1997 8-hour ozone NAAQS. In a 

separate rulemaking action, EPA has 

proposed to approve redesignation 

requests and maintenance plans 

submitted by Ohio and Indiana for their 

respective portions of this 1997 8-hour 

ozone area. 

In this action, EPA is also notifying 

the public of the status of EPA’s 

adequacy determination for the new 

2015 and 2020 MVEBs that are 

contained in the 1997–8-hour ozone 

maintenance plan for Northern 

Kentucky. MVEBs for the Ohio and 

Indiana portions of this Area are 

included in the Ohio and Indiana 

submittals, and are being addressed 

through EPA’s separate action for those 

submissions. EPA is also in the process 

of rulemaking on a new 8-hour ozone 

NAAQS. Today’s actions, however, 

relate only to the 1997 8-hour ozone 

NAAQS. 

DATES: Comments must be received on 

or before June 11, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2010–0134, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2010–0134, 

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: Ms. 

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. 

Instructions: Direct your comments to 

Docket ID No. EPA–R04–OAR–2010– 

0134. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 http:// 

www.regulations.gov or e-mail, 

information that you consider to be CBI 

or otherwise protected. The http:// 

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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS