21964 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

Regulatory History

As authorized by 5 U.S.C. 553, a

notice of proposed rulemaking (NPRM)

was not published for this regulation.

Good cause exists for not publishing a

NPRM and for making this regulation

effective in less than 30 days after

Federal Register publication. Due to the

complex planning and coordination

involved, the sponsor of the event was

unable to provide the Coast Guard with

the final details for the events in

sufficient time to publish a NPRM or a

final rule 30 days in advance. The delay

encountered if normal rule making

procedures were followed would

effectively cancel the event.

Background and Purpose

On February 15, 1996, the sponsor,

Fire Island Lighthouse Preservation

Society, Fire Island, NY, requested that

a 15 minute fireworks display, be

permitted in Great South Bay, located

approximately 1000 yards southeast of

Captree State Park, Fire Island, NY. The

fireworks display will occur on May 26,

1996, from 9:30 p.m. until 9:45 p.m. The

safety zone covers all waters of Great

South Bay within a 1200 foot radius of

the fireworks launching barge. This

zone is required to protect the maritime

community from the safety dangers

associated with this fireworks display.

Entry into or movement within this

zone will be prohibited unless

authorized by the Captain of the Port or

his on scene representative.

Regulatory Evaluation

This temporary final rule is not a

significant regulatory action under

section 3(f) of Executive Order 12866

and does not require an assessment of

potential costs and benefits under

section 6(a)(3) of that order. It has been

exempted from review by the Office of

Management and Budget under that

order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary.

This safety zone involves only a portion

of Great South Bay and entry into this

zone will be restricted for only 15

minutes on May 26, 1996. Although this

regulation prevents traffic from

transiting Great South Bay, at Fire

Island, NY, the effect of this regulation

will not be significant for several

reasons: the safety zone will not impact

a navigable channel; the duration of the

event is limited; the event is at a late

hour; all vessel traffic may safely pass

to the seaward side of this safety zone;

and extensive, advance maritime

advisories will be made.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ include

independently owned and operated

small businesses that are not dominant

in their field and that otherwise qualify

as ‘‘small business concerns’’ under

section 3 of the Small Business Act (14

U.S.C. 632).

For the reasons addressed under the

Regulatory Evaluation above, the Coast

Guard expects the impact of this

regulation to be minimal and certifies

under section 605(b) of the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) that

this final rule will not have a significant

economic impact on a substantial

number of small entities.

Collection of Information

This rule contains no collection of

information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

action in accordance with the principles

and criteria contained in Executive

Order 12612, and has determined that

these regulations do not raise sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under section

2.B.2.e. of Commandant Instruction

M16475.1B, revised 59 FR 38654, July

29, 1995, the promulgation of this

regulation is categorically excluded

form further environmental

documentation. A Categorical Exclusion

Determination and a Environmental

Analysis Checklist are included in the

docket. An appropriate environmental

analysis of the fireworks program will

be conducted in conjunction with the

marine event permitting process.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

For the reasons set out in the

preamble, the Coast Guard amends 33

CFR Part 165 as follows:

1. The authority citation for Part 165

continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5;

49 CFR 1.46.

2. A temporary section, 165.T01–026,

is added to read as follows:

§ 165.T01–026 Fire Island Lighthouse

Fireworks Display, Fire Island, NY.

(a) Location. The safety zone includes

all waters of Great South Bay within a

1200 foot radius of the fireworks barge,

located offshore approximately 1000

yards southeast of Captree State Park in

Great South Bay, Fire Island, NY, in

approximate position 40°38′00′′ N,

073°15′00′′ W. (NAD 1983)

(b) Effective date. This section is

effective on May 26, 1996, from 9:30

p.m. until 9:45 p.m., unless extended or

terminated sooner by the Captain of the

Port Long Island Sound. In case of

inclement weather there is no rain date

scheduled for this event.

(c) Regulations. The general

regulations covering safety zones

contained in § 165.23 of this part apply.

Dated: May 2, 1996.

W.R. Grawe,

Commander, U.S. Coast Guard, Captain of

the Port, Long Island Sound.

[FR Doc. 96–11900 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AH95

Medical; Nonsubstantive

Miscellaneous Changes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs medical

regulations in 38 CFR Part 17 by making

a number of nonsubstantive changes.

More specifically, section numbers are

redesignated, redundant material is

removed, restatements of statutory

material are removed, certain position

titles and organizational titles are

changed to reflect current titles,

authority citations are added, obsolete

material is removed, and material

inadvertently deleted is restored. These

changes are made for clarity and

accuracy.

EFFECTIVE DATE: May 13, 1996.

FOR FURTHER INFORMATION CONTACT:

LeRoy E. Cossette, Acting Director,

Headquarters Health Administration

Service (161A), Department of Veterans
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations 21965

Affairs, 810 Vermont Avenue, NW,

Washington, DC 20420; (202) 565–5412.

(This is not a toll free number.)

SUPPLEMENTARY INFORMATION: This final

rule consists of nonsubstantive changes

and, therefore, is not subject to the

notice and comment and effective date

provisions of 5 U.S.C. 553.

The Secretary hereby certifies that

this rule will not have a significant

economic impact on a substantial

number of small entitles as they are

defined in the Regulatory Flexibility

Act, 5 U.S.C. 601–612. This rule merely

consists of nonsubstantive changes.

The Catalog of Federal Domestic

Assistance numbers for the programs affected

by this rule are 64.005, 64.007, 64.008,

64.009, 64.010, 64.011, 64.012, 64.013,

64.014, 64.015, 64.016, 64.018, 64.019,

64.022, 64.024, and 64.025.

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, Phillipines, Reporting

and recordkeeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: May 3 1996.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set out above, 38 CFR

part 17 is amended as set forth below:

PART 17—MEDICAL

1. The authority citation for part 17 is

revised to read as follows:

Authority: 38 U.S.C. 501, 1721, unless

otherwise noted.

1a. The undesignated center headings

preceeding §§ 17.51c, 17.55, 17.57,

17.135 and 17.400 are removed.

§§ 17.32, 17.33, 17.38, 17.46a, 17.50e, 17.51b

through 17.51g, 17.52, 17.55, 17.57, 17.58,

17.60c, 17.60h, 17.99, 17.103, 17.115a,

17.115c, 17.135, 17.160, 17.165c, 17.176,

17.212 and 17.400 through 17.416

[Removed]

2. In part 17, the following sections

are removed:

a. Section 17.32;

b. Section 17.33;

c. Section 17.38;

d. Section 17.46a;

e. Section 17.50e;

f. Section 17.51b through 17.51g;

g. Section 17.52;

h. Section 17.55;

i. Section 17.57;

j. Section 17.58;

k. Section 17.60c;

l. Section 17.60h;

m. Section 17.99;

n. Section 17.103;

o. Section 17.115a;

p. Section 17.115c;

q. Section 17.135;

r. Section 17.160;

s. Section 17.165c;

t. Section 17.176;

u. Section 17.212; and

v. Sections 17.400 through 17.416.

§§ 17.30, 17.31, 17.48, 17.51 [Amended]

3. Part 17 is further amended by

removing the following paragraphs:

a. Section 17.30 (a) through (l), and (o)

through (w);

b. Section 17.31 (a), (b) introductory

text and (b)(1) through (b)(4), (b)(6),

(b)(7), and (c);

c. Section. 17.48 (e)(1) through (e)(5),

and (e)(8); and

d. Section 17.51 (a)(1) through (a)(3),

and (b).

§ 17.46 [Redesignated as § 17.43]

4. Section 17.46 is redesignated as

§ 17.43.

§ 17.47 [Redesignated as § 17.46]

4a. Section 17.47 is redesignated as

§ 17.46; in the newly redesignated

§ 17.46, paragraphs (a), (c), and (d) are

removed, and paragraphs (b) and (e) are

redesignated as paragraphs (a) and (b),

respectively.

§ 17.60 [Redesignated as § 17.93]

5. Section 17.60 is redesignated as

§ 17.93, in the newly redesignated

§ 17.93, paragraphs (a)(1) through (a)(3),

(b), (d)(1) through (d)(4), (e), and (f) are

removed; paragraphs (a)(4) and (a)(5) are

redesignated as paragraphs (a)(1) and

(a)(2), respectively; paragraph (c) is

redesignated as paragraph (b); and

paragraph (d) is redesignated as

paragraph (c); the newly redesignated

paragraph (c)(5) is redesignated as

paragraph (c)(1), and paragraph (c)(2) is

reserved.

§ 17.60b [Redesignated as § 17.95]

6. Section 17.60b is redesignated as

§ 17.95; and in the newly redesignated

§ 17.95, paragraph (b) and the paragraph

designation ‘‘(a)’’ are removed.

§ 17.78 [Redesignated as § 17.115]

7. Section 17.78 is redesignated as

§ 17.115, in the newly redesignated

§ 17.115, paragraph (b) is removed; the

paragraphs designation ‘‘(a)’’ is

removed, and paragraphs (a)(1) and

(a)(2) are redesignated as paragraphs (a)

and (b), respectively.

§ 17.123 [Redesignated as § 17.161]

8. Section 17.123 is redesignated as

§ 17.161, in the newly redesignated

§ 17.161 paragraph (j) is revised to read

as follows:

§ 17.161 Authorization of outpatient dental

treatment.

* * * * *

(j) Class VI. Any veterans scheduled

for admission or otherwise receiving

care and services under chapter 17 of 38

U.S.C. may receive outpatient dental

care which is medically necessary, i.e.,

is for dental condition clinically

determined to be complicating a

medical condition currently under

treatment.

9. Part 17 is amended by

redesignating the following sections and

paragraphs as set forth below:

Old section New section

17.30 (m) and (n) ...... 17.30 (a) and (b)

17.31(b)(5) ................ 17.31

17.34 ......................... 17.32

17.34a ....................... 17.33

17.35 ......................... 17.34

17.36 ......................... 17.35

17.37 ......................... 17.36

17.39 ......................... 17.37

17.42 ......................... 17.40

17.45 ......................... 17.41

17.45a ....................... 17.42

17.46b ....................... 17.44

17.46c ....................... 17.45

17.48 ......................... 17.47

17.48 (e)(6) and

(e)(7).

17.47 (e)(1) and

(e)(2)

17.50a ....................... 17.51

17.50b ....................... 17.52

17.50c ....................... 17.53

17.50d ....................... 17.54

17.50f ........................ 17.55

17.51 (a)(4) and (5) 17.56 (a) and (b)

17.51a ....................... 17.60

17.51h ....................... 17.61

17.51i ........................ 17.62

17.51j ........................ 17.63

17.51k ....................... 17.64

17.51l ........................ 17.65

17.51m ...................... 17.66

17.51n ....................... 17.67

17.51o ....................... 17.68

17.51p ....................... 17.69

17.51q ....................... 17.70

17.51r ........................ 17.71

17.51s ....................... 17.72

17.53a ....................... 17.80

17.53b ....................... 17.81

17.53c ....................... 17.82

17.53d ....................... 17.83

17.54 ......................... 17.84

17.56 ......................... 17.90

17.56a ....................... 17.91

17.59 ......................... 17.92

17.60a ....................... 17.94

17.60d ....................... 17.96

17.60e ....................... 17.97

17.60f ........................ 17.98

17.60g ....................... 17.99

17.61 ......................... 17.100

17.62 ......................... 17.101
21966 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations

Old section New section

17.63 ......................... 17.102

17.64 ......................... 17.103

17.65 ......................... 17.104

17.65a ....................... 17.105

17.66 ......................... 17.106

17.70 ......................... 17.110

17.71 ......................... 17.111

17.75 ......................... 17.112

17.76 ......................... 17.113

17.77 ......................... 17.114

17.80 ......................... 17.120

17.80a ....................... 17.121

17.81 ......................... 17.122

17.82 ......................... 17.123

17.83 ......................... 17.124

17.84 ......................... 17.125

17.85 ......................... 17.126

17.86 ......................... 17.127

17.87 ......................... 17.128

17.88 ......................... 17.129

17.89 ......................... 17.130

17.90 ......................... 17.131

17.91 ......................... 17.132

17.95 ......................... 17.140

17.96 ......................... 17.141

17.98 ......................... 17.142

17.100 ....................... 17.143

17.101 ....................... 17.144

17.102 ....................... 17.145

17.115 ....................... 17.150

17.115b ..................... 17.151

17.115d ..................... 17.152

17.116 ....................... 17.153

17.118 ....................... 17.154

17.119 ....................... 17.155

17.119a ..................... 17.156

17.119b ..................... 17.157

17.119c ..................... 17.158

17.119d ..................... 17.159

17.120 ....................... 17.160

17.123a ..................... 17.162

17.123b ..................... 17.163

17.123c ..................... 17.164

17.124 ....................... 17.165

17.129 ....................... 17.166

17.155 ....................... 17.170

17.161 ....................... 17.180

17.165 ....................... 17.190

17.165a ..................... 17.191

17.165b ..................... 17.192

17.165d ..................... 17.193

17.166 ....................... 17.194

17.166a ..................... 17.195

17.166b ..................... 17.196

17.166c ..................... 17.197

17.166d ..................... 17.198

17.167 ....................... 17.199

17.168 ....................... 17.200

17.170 ....................... 17.210

17.171 ....................... 17.211

17.172 ....................... 17.212

17.173 ....................... 17.213

17.174 ....................... 17.214

17.175 ....................... 17.215

17.177 ....................... 17.216

17.178 ....................... 17.217

17.179 ....................... 17.218

17.180 ....................... 17.219

17.181 ....................... 17.220

17.182 ....................... 17.221

17.183 ....................... 17.222

17.190 ....................... 17.230

17.210 ....................... 17.240

17.211 ....................... 17.241

Old section New section

17.220 ....................... 17.242

17.260 ....................... 17.250

17.261 ....................... 17.251

17.262 ....................... 17.252

17.265 ....................... 17.253

17.266 ....................... 17.254

17.267 ....................... 17.255

17.268 ....................... 17.256

17.270 ....................... 17.257

17.271 ....................... 17.258

17.275 ....................... 17.259

17.276 ....................... 17.260

17.277 ....................... 17.261

17.281 ....................... 17.262

17.285 ....................... 17.263

17.287 ....................... 17.264

17.290 ....................... 17.265

17.291 ....................... 17.266

§ 17.30 [Amended]

10. In § 17.30, the newly redesignated

paragraphs (a)(3) and (b) are amended

by removing ‘‘17.100’’ and adding

‘‘17.142’’ in place thereof.

§ 17.32 [Amended]

11. In redesignated § 17.32(e), ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

§ 17.41 [Amended]

12. In redesignated § 17.41, the

section heading is amended by

removing ‘‘entitled to’’ and adding

‘‘eligible for’’ in place thereof.

§ 17.42 [Amended]

13. In redesignated § 17.42, ‘‘§ 17.45’’

is removed and ‘‘§ 17.41’’ is added in

place thereof.

§ 17.43 [Amended]

14. In redesignated § 17.43,

paragraphs (a) and (b) introductory text

are amended by removing ‘‘§§ 17.46b

through 17.48’’ and adding, ‘‘38 U.S.C.

1710, 1722, and 1729, and 38 CFR 17.44

and 17.45’’ in place thereof.

15. In redesignated § 17.43(e),

‘‘§ 17.62’’ is removed and ‘‘§ 17.101’’ is

added in place thereof.

§ 17.46 [Amended]

16. In redesignated § 17.46(a), in the

introductory text ‘‘paragraph (a) of this

section,’’ is removed and ‘‘38 U.S.C.

1710(a)(1),’’ is added in place thereof,

and in paragraph (a)(1) ‘‘§ 17.50(b)’’ is

removed and ‘‘38 U.S.C. 1703 and 38

CFR 17.52’’ is added in place thereof.

§ 17.47 [Amended]

17. In redesignated § 17.47(b)(1),

‘‘§ 17.47(a)’’ is removed in both places it

appears and ‘‘38 U.S.C. 1710(a)(1)’’ is

added in place thereof.

18. In redesignated § 17.47(e)(2),

‘‘under § 17.47 (a) or (c), rather than

§ 17.47(d),’’ is removed and ‘‘under 38

U.S.C. 1710(a)(1) rather than

§ 1710(a)(2),’’ is added in place thereof.

19. In redesignated § 17.47(f),

‘‘17.47(d), or outpatient care under

§ 17.60 (e) or (f) by virtue of the

veteran’s eligibility for hospital care

under § 17.47(d)’’ is removed and ‘‘38

U.S.C. 1710(a)(2) or outpatient care

under 38 U.S.C. 1712(a)(4) by virtue of

the veteran’s eligibility for hospital care

under 38 U.S.C. 1710(a)’’ is added in

place thereof; and ‘‘Chief Medical

Director’’ is removed and ‘‘Under

Secretary for Health’’ is added in place

thereof.

20. In redesignated § 17.47(g)

introductory text, ‘‘entitled to’’ is

removed and ‘‘eligible for’’ is added in

place thereof.

21. In redesignated § 17.47(l), ‘‘§ 17.47

or § 17.60’’ is removed and ‘‘38 U.S.C.

1710 or 1712’’ is added in place thereof.

22. In § 17.49, ‘‘§ 17.47’’ is removed

and ‘‘§ 17.46’’ is added in place thereof.

§ 17.50 [Amended]

23. In § 17.50, ‘‘eligible under § 17.47’’

is removed and ‘‘eligible under 38

U.S.C. 1710 or 38 CFR 17.44’’ is added

in place thereof.

§ 17.51 [Amended]

24. In redesignated § 17.51, ‘‘§ 17.47’’

is removed and ‘‘38 U.S.C. 1710 or 38

CFR 17.46’’ is added in place thereof.

§ 17.52 [Amended]

25. In redesignated § 17.52(a),

‘‘§ 17.50c’’ is removed and ‘‘§ 17.53’’ is

added in place thereof.

§ 17.55 [Amended]

26. In redesignated § 17.55

introductory text, ‘‘§ 17.50b’’ is removed

and ‘‘38 U.S.C. 1703 or 38 CFR 17.52’’

is added in place thereof.

§ 17.56 [Amended]

27. In redesignated § 17.56(b),

‘‘§ 17.47(a) and (c), the Chief Medical

Director’’ is removed and ‘‘38 U.S.C.

1710(a)(1), the Under Secretary for

Health’’ is added in place thereof;

‘‘§ 17.47(d)’’ is removed and ‘‘38 U.S.C.

1710(a)(2)’’ is added in place thereof;

and ‘‘§ 17.48(e)’’ is removed and ‘‘38

U.S.C. 1710(f)’’ is added in place

thereof.

§ 17.61 [Amended]

28. In redesignated § 17.61(c),

‘‘§ 17.51j’’ is removed and ‘‘§ 17.63’’ is

added in place thereof.

§ 17.62 [Amended]

29. In redesignated § 17.62

introductory text, ‘‘§§ 17.51h through

17.51s’’ is removed and ‘‘§§ 17.61

through 17.72’’ is added in place

thereof.
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations 21967

§ 17.64 [Amended]

30. In redesignated § 17.64(a),

‘‘§ 17.51j(c)(3) and/or § 17.51j(e)(2)’’ is

removed in paragraph (a) introductory

text and (a)(1) and ‘‘§ 17.63(c)(3) and/or

§ 17.63(e)(2)’’ is added in place thereof.

§ 17.65 [Amended]

31. In redesignated § 17.65(c),

‘‘§ 17.51j(d) and the records standard set

forth in § 17.51j(i)’’ is removed and

‘‘§ 17.63(d) and the records standard set

forth in § 17.63(i)’’ is added in place

thereof.

32. In redesignated § 17.65(d),

‘‘§ 17.51j(d) of this part; the bedroom

standard set forth in § 17.51j(e) of this

part; the activities standard set forth in

§ 17.51j(g) of this part; and the records

standard set forth in § 17.51j(i)’’ is

removed and ‘‘§ 17.63(d) of this part; the

bedroom standard set forth in § 17.63(e)

of this part; the activities standard set

forth in § 17.63(g) of this part; and the

records standard set forth in § 17.63(i)’’

is added in place thereof.

§ 17.66 [Amended]

33. In redesignated § 17.66

introductory text, ‘‘§ 17.51j’’ is removed

and ‘‘§ 17.63’’ is added in place thereof.

§ 17.69 [Amended]

34. In redesignated § 17.69

introductory text, ‘‘§ 17.51m’’ is

removed and ‘‘§ 17.66’’ is added in

place thereof.

35. In redesignated § 17.69

introductory text, ‘‘§ 17.51o’’ is removed

and ‘‘§ 17.68’’ is added in place thereof.

§ 17.70 [Amended]

36. In redesignated § 17.70(c)(2),

‘‘§ 17.51j’’ is removed and ‘‘§ 17.63’’ is

added in place thereof.

§ 17.71 [Amended]

37. In redesignated § 17.71(a),

‘‘§ 17.51q’’ is removed and ‘‘§ 17.70’’ is

added in place thereof and ‘‘§ 17.51j’’ is

removed and ‘‘§ 17.63’’ is added in

place thereof.

38. In redesignated § 17.71(c),

‘‘§ 17.51j’’ is removed and ‘‘§ 17.63’’ is

added in place thereof and ‘‘§§ 17.51m–

17.51r’’ is removed and ‘‘§§ 17.66–

17.71’’ is added in place thereof.

§ 17.81 [Amended]

39. In redesignated § 17.81(a)

introductory text, ‘‘§ 17.53a(a)’’ is

removed and ‘‘§ 17.80(a)’’ is added in

place thereof; and ‘‘Chief Medical

Director’’ is removed and ‘‘Under

Secretary for Health’’ is added in place

thereof.

§ 17.82 [Amended]

40. In redesignated § 17.82(a)

introductory text, ‘‘§ 17.53a’’ is removed

and ‘‘§ 17.80’’ is added in place thereof.

§ 17.84 [Amended]

41. In redesignated § 17.84(c), ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

§ 17.90 [Amended]

42. In redesignated § 17.90(a),

‘‘§ 17.48(j)’’ is removed and ‘‘§ 17.47(j)’’

is added in place thereof.

§ 17.92 [Amended]

43. In redesignated § 17.92,

‘‘§ 17.62(g)’’ is removed and ‘‘§ 17.101’’

is added in place thereof.

§ 17.93 [Amended]

44. In redesignated § 17.93(a),

‘‘§ 17.123’’ is removed and ‘‘§ 17.161’’ is

added in place thereof.

45. In redesignated § 17.93(b), ‘‘in

paragraphs (a) and (b)’’ is removed and

‘‘in this section and 38 U.S.C. 1712

(a)(1) and (a)(2)’’ is added in place

thereof and ‘‘§ 17.50b’’ is removed and

‘‘§ 17.52’’ is added in place thereof.

46. In redesignated § 17.93(c)(1),

‘‘§ 17.48(j)’’ is removed and ‘‘§ 17.47(j)’’

is added in place thereof.

§§ 17.94, 17.95 [Amended]

47. In redesignated §§ 17.94 and

17.95(a), ‘‘§ 17.62’’ is removed from

each and ‘‘§ 17.101’’ is added in each

place thereof.

§ 17.97 [Amended]

48. In redesignated § 17.97,

‘‘§ 17.60d’’ is removed and ‘‘38 U.S.C.

1712(h)’’ is added in place thereof.

§ 17.98 [Amended]

49. In redesignated § 17.98(a),

‘‘§ 17.30(1)(2) of this part’’ is removed

and ‘‘38 U.S.C. 1701(6)(B)’’ is added in

place thereof; and ‘‘§§ 17.47, 17.54,

17.57 or 17.60(a), (b), or (f)’’ is removed

and ‘‘38 U.S.C. 1710, 1712, 1712A,

1713, or 1717, or 38 CFR. 17.84’’ is

added in place thereof.

§ 17.101 [Amended]

50. In redesignated § 17.101(a),

‘‘§ 17.35’’ is removed and ‘‘§ 17.34’’ is

added in place thereof.

51. In redesignated § 17.101(b)(1),

‘‘§ 17.46(c)(1) or § 17.60b’’ is removed

and ‘‘§ 17.43(c)(1) or § 17.95’’ is added

in place thereof.

52. In redesignated § 17.101(d), ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

53. In redesignated § 17.101(f), ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

§ 17.102 [Amended]

54. In redesignated § 17.102, ‘‘§ 17.62’’

is removed and ‘‘§ 17.101’’ is added in

place thereof.

§ 17.103 [Amended]

55. In redesignated § 17.103(a)

introductory text, ‘‘§ 17.62(a)’’ is

removed and ‘‘§ 17.101(a)’’ is added in

place thereof.

56. In redesignated § 17.103(c)(1),

‘‘§ 17.62(a)’’ is removed and

‘‘§ 17.101(a)’’ is added in place thereof.

57. In redesignated § 17.103(c)(3),

‘‘§ 17.65a(c)’’ is removed and

‘‘§ 17.105(c)’’ is added in place thereof.

§ 17.104 [Amended]

58. In redesignated § 17.104(a),

‘‘§ 17.62(a) or (b)’’ is removed and

‘‘§ 17.101(a) or (b)’’ is added in place

thereof.

§ 17.105 [Amended]

59. In redesignated § 17.105(a),

‘‘§ 17.62(a)’’ is removed and

‘‘§ 17.101(a)’’ is added in place thereof.

60. In redesignated § 17.105(b),

‘‘§ 17.64(b)’’ is removed and

‘‘§ 17.103(b)’’ is added in place thereof.

§ 17.112 [Amended]

61. In redesignated § 17.112, ‘‘§§ 17.76

and 17.77’’ is removed and ‘‘§§ 17.113

and 17.114’’ is added in place thereof.

§ 17.114 [Amended]

62. In redesignated § 17.114, ‘‘§ 17.76’’

is removed wherever it appears and

‘‘§ 17.113’’ is added in place thereof.

§ 17.122 [Amended]

63. In redesignated § 17.122,

‘‘§ 17.48(g),’’ is removed and ‘‘17.47(g)’’

is added in place thereof.

§ 17.125 [Amended]

64. In redesignated § 17.125(b),

‘‘Regional Office, Manila’’ is removed

and ‘‘Outpatient Clinic (358/00), 2201

Roxas Blvd., Pasay City, 1300, Republic

of the Philippines’’ is added in place

thereof.

65. In redesignated § 17.125(c),

‘‘Chief, Outpatient Service, Department

of Veterans Affairs Medical Center, 50

Irving Street NW., Washington, DC

20422’’ is removed and ‘‘Chief, Medical

Administration Service (136),

Department of Veterans Affairs Medical

Center, White River Junction, VT

05009’’ is added in place thereof.

66. In redesignated § 17.125(d), ‘‘may

be filed with the American Embassy or

consulate in the country where services

were provided. Claims will be

developed and forwarded to the VA
21968 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations

Medical Center, Washington, DC, for

final action. Claims may be submitted

directly to the VA Medical Center,

Washington, DC, if the veteran has

returned to the United States before

having had a chance to contact the

appropriate Embassy or Consulate’’ is

removed and ‘‘must be mailed to the

Health Administration Center, P.O. Box

65023, Denver, CO 80206–3023’’ is

added in place thereof.

§ 17.128 [Amended]

67. In redesignated § 17.128

introductory text, ‘‘§ 17.80’’ is removed

and ‘‘§ 17.120’’ is added in place

thereof.

§ 17.129 [Amended]

68. In redesignated § 17.129, ‘‘§ 17.85’’

is removed and ‘‘§ 17.126’’ is added in

place thereof.

§ 17.141 [Amended]

69. In redesignated § 17.141, ‘‘The VA

Medical Center, Washington, DC,’’ is

removed and ‘‘The Health

Administration Center in Denver, CO,’’

is added in place thereof, and ‘‘except

the Republic of the Philippines’’ is

removed and ‘‘except Canada which

will be referred to the VA Medical

Center in White River Junction, VT, and

the Republic of the Philippines which

will be referred to the VA Outpatient

Clinic in Pasay City’’ is added in place

thereof.

70. In redesignated § 17.143,

paragraph (a) is revised to read as

follows:

§ 17.143 Transportation of claimants and

beneficiaries.

(a) ‘‘If travel will be provided, it shall

be paid in accordance with 38 U.S.C.

111 and this section.’’ is added in place

thereof.

(Authority: 38 U.S.C. 111)

* * * * *

§ 17.143 [Amended]

71. In redesignated § 17.143(f)(1),

‘‘§§ 17.47 and 17.54’’ is removed and

‘‘38 U.S.C. 1710, 38 CFR 17.46 and

17.84’’ is added in place thereof.

72. In redesignated § 17.143(h),

‘‘§ 17.60 (e) and (f)’’ is removed and ‘‘38

U.S.C. 1712(a)(5), and 1717’’ is added in

place thereof.

73. In redesignated § 17.143(k)(1),

‘‘§ 17.101’’ is removed and ‘‘38 U.S.C.

111(c) and 38 CFR 17.144’’ is added in

place thereof.

74. In redesignated § 17.143(k)(2), ‘‘for

veterans under § 17.60 (h) and (i);’’ is

removed; ‘‘for veterans under § 17.93

(a)(2) and (d)(3)’’ is added in place

thereof; and ‘‘§ 17.48(g), subject to

limitations described in § 17.101’’ is

removed and ‘‘17.47(j), subject to

limitations described in § 17.144’’ is

added in place thereof.

75. In redesignated § 17.143(m),

‘‘§ 17.100, § 17.101 or § 17.102’’ is

removed and ‘‘38 U.S.C. 111 and 38 CFR

17.143, 17.144 and 17.145’’ is added in

place thereof.

§ 17.145 [Amended]

76. In redesignated § 17.145, an

authority citation is added immediately

following paragraph (b) to read:

‘‘(Authority: 38 U.S.C. 111).’’

§ 17.150 [Amended]

77. In redesignated § 17.150(a),

‘‘§ 17.60 (a) through (d) and (k) through

(m) (or a necessary part of outpatient

care authorized under § 17.60a)’’ is

removed and ‘‘38 U.S.C. 1712 and 38

CFR 17.93 (or a necessary part of

outpatient care authorized under

§ 17.94)’’ is added in place thereof.

§ 17.157 [Amended]

78. In redesignated § 17.157, ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof; and ‘‘§ 17.119a’’ is

removed and ‘‘§ 17.156’’ is added in

place thereof.

§ 17.158 [Amended]

79. In redesignated § 17.158(b), ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

§ 17.160 [Amended]

80. In redesignated § 17.160(f),

‘‘§ 17.48(g)’’ is removed and ‘‘17.47(g)’’

is added in place thereof.

81. In redesignated § 17.160(g), ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

§ 17.161 [Amended]

82. In redesignated § 17.161

introductory text, ‘‘§ 17.60 (a) to (d)’’ is

removed and ‘‘38 U.S.C. 1712(b) and 38

CFR 17.93’’ is added in place thereof.

83. In redesignated § 17.161(i),

‘‘§ 17.48(g)’’ is removed and ‘‘17.47(g)’’

is added in place thereof.

§ 17.162 [Amended]

84. In redesignated § 17.162,

‘‘§ 17.123(b)’’ is removed and

‘‘§ 17.161(b)’’ is added in place thereof.

§ 17.170 [Amended]

85. In redesignated § 17.170(f),

‘‘§ 17.60’’ is removed and ‘‘38 U.S.C.

1712 and 38 CFR 17.93’’ is added in

place thereof.

§ 17.190 [Amended]

86. In redesignated § 17.190(d),

‘‘§ 17.166a(b)’’ is removed and

‘‘§ 17.195(b)’’ is added in place thereof.

§ 17.191 [Amended]

87. In redesignated § 17.191, ‘‘Chief

Medical Director’’ is removed in both

places and ‘‘Under Secretary for Health’’

is added in both places.

§ 17.192 [Amended]

88. In redesignated § 17.192, the third

sentence is removed.

§ 17.212 [Amended]

89. In redesignated § 17.212(a),

‘‘§§ 17.170 through 17.177’’ is removed

and ‘‘38 U.S.C. 8131 through 8137 and

§§ 17.210 through 17.216’’ is added in

place thereof.

90. In redesignated § 17.212(b),

‘‘§ 17.173(d)’’ is removed and

‘‘§ 17.213(d)’’ is added in place thereof.

§ 17.213 [Amended]

91. In redesignated § 17.213(a)(3),

‘‘§§ 17.170 through 17.177’’ is removed

and ‘‘38 U.S.C. 8135 and 38 CFR 17.210

through 17.216’’ is added in place

thereof.

92. In redesignated § 17.213(c)(1)

introductory text, ‘‘§§ 17.170 through

17.177 and appendix A to § 17.171’’ is

removed and ‘‘§§ 17.210 through 17.216

and appendix A to § 17.211’’ is added in

place thereof.

§ 17.214 [Amended]

93. In redesignated § 17.214(a)

introductory text, ‘‘§ 17.173’’ is removed

and ‘‘§ 17.213’’ is added in place

thereof.

§ 17.215 [Amended]

94. In redesignated § 17.215(b), in the

first and second sentences ‘‘§ 17.165’’ is

removed and ‘‘§ 17.190’’ is added in

place thereof.

§ 17.216 [Amended]

95. In redesignated § 17.216(c),

‘‘§§ 17.178 through 17.179’’ is removed

and ‘‘§§ 17.217 and 17.218’’ is added in

place thereof.

§ 17.217 [Amended]

96. In redesignated § 17.217(b),

‘‘§ 17.183’’ is removed and ‘‘§ 17.222’’ is

added in place thereof.

§ 17.220 [Amended]

97. In redesignated § 17.220(b)(5),

‘‘§ 17.183(c)(5)(i)’’ is removed and

‘‘§ 17.222(c)(5)(i)’’ is added in place

thereof.

§ 17.250 [Amended]

98. In redesignated § 17.250, ‘‘§ 17.260

through 17.291’’ is removed and
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Rules and Regulations 21969

‘‘§ 17.250 through § 17.266’’ is added in

place thereof.

§ 17.254 [Amended]

99. In redesignated § 17.254

introductory text, ‘‘Chief Medical

Director’’ is removed both times it

appears and ‘‘Under Secretary for

Health’’ is added in place thereof both

times it appears.

§ 17.255 [Amended]

100. In redesignated § 17.255,

‘‘§ 17.266’’ is removed and ‘‘§ 17.254’’ is

added in place thereof.

§ 17.257 [Amended]

101. In redesignated § 17.257

introductory text, ‘‘Chief Medical

Director’’ is removed and ‘‘Under

Secretary for Health’’ is added in place

thereof.

102. In redesignated § 17.257(b),

‘‘§ 17.271’’ is removed and ‘‘§ 17.258’’ is

added in place thereof.

103. In redesignated § 17.257(c),

‘‘§§ 17.266 through 17.268’’ is removed

and ‘‘§§ 17.254 through 17.256’’ is

added in place thereof.

§ 17.258 [Amended]

104. In redesignated § 17.258(b),

‘‘§§ 17.266 through 17.267’’ is removed

and ‘‘§§ 17.254 through 17.256’’ is

added in place thereof.

105. In redesignated § 17.258(c),

‘‘§§ 17.275 through 17.277’’ is removed

and ‘‘§§ 17.259 through 17.261’’ is

added in place thereof.

§ 17.262 [Amended]

106. In redesignated § 17.262, ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in place thereof.

§ 17.350 [Amended]

107. In § 17.350, ‘‘§§ 17.37 through

17.42’’ is removed and ‘‘38 U.S.C. 1724

and § 1732, and 38 CFR 17.36 through

17.40’’ is added in place thereof.

§ 17.355 [Amended]

108. In § 17.355, ‘‘Chief Medical

Director’’ is removed and ‘‘Under

Secretary for Health’’ is added in place

thereof.

§ 17.364 [Amended]

109. In § 17.364(a), ‘‘§§ 17.37 through

17.39’’ is removed and ‘‘38 U.S.C. 1724

and 1732, and 38 CFR 17.36 through

17.37’’ is added in place thereof.

§ 17.367 [Amended]

110. In § 17.367, ‘‘§§ 17.37 through

17.42’’ is removed and ‘‘38 U.S.C. 1724

and 1732, and 38 CFR 17.36 through

17.40’’ is added in place thereof.

* * * * *

111. In § 17.601 paragraph (f) is

revised to read as follows:

§ 17.601 Definitions.

(f) Under Secretary for Health means

the Under Secretary for Health for

Veterans Health Administration or

designee.

* * * * *

§ 17.603, 17.608, 17.609 [Amended]

112. In §§ 17.603, 17.608(c)

introductory text, and 17.609, ‘‘Chief

Medical Director’’ is removed and

‘‘Under Secretary for Health’’ is added

in each place thereof.

[FR Doc. 96–11637 Filed 5–10–96; 8:45 am]

BILLING CODE 8320–01–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Care Financing Administration

42 CFR Part 412

[BPD–856–FC]

Medicare and Medicaid Program;

Criteria for a Rural Hospital To Be

Designated as an Essential Access

Community Hospital (EACH)

AGENCY: Health Care Financing

Administration (HCFA), HHS.

ACTION: Final rule with comment period.

SUMMARY: This final rule revises the

criteria that a rural hospital must meet

to be designated as an Essential Access

Community Hospital (EACH). The

revised criteria permit HCFA to

designate a hospital as an EACH if the

hospital cannot be designated as an

EACH by the State only because it has

fewer than 75 beds and is located 35

miles or less from another hospital.

Hospitals in rural areas that are

designated as EACHs by HCFA are

treated, for payment purposes, as sole

community hospitals.

The revised criteria are designed to

facilitate development of network

affiliations between rural EACHs and

small rural facilities, known as Rural

Primary Care Hospitals (RPCHs). The

revisions would affect only hospitals

located in rural areas of the States of

California, Colorado, Kansas, South

Dakota, New York, West Virginia, and

North Carolina, or in an adjacent State.

DATES: Effective Date: This regulation is

effective May 13, 1996.

Comment Period: Comments will be

considered if received at the appropriate

address, as provided below, no later

than 5 p.m. on July 12, 1996.

ADDRESSES: Mail written comments (one

original and three copies) to the

following address: Health Care

Financing Administration, Department

of Health and Human Services,

Attention: BPD–856–FC, P.O. Box 7517,

Baltimore, MD 21207–0517.

If you prefer, you may deliver your

written comments (one original and

three copies) to one of the following

addresses:

Room 309–G, Hubert H. Humphrey

Building, 200 Independence Avenue

SW., Washington, DC 20201, or

Room C5–09–26, Central Building, 7500

Security Boulevard, Baltimore, MD

21244–1850.

Because of staffing and resource

limitations, we cannot accept comments

by facsimile (FAX) transmission. In

commenting, please refer to file code

BPD–856–FC. Comments received

timely will be available for public

inspection as they are received,

generally beginning approximately 3

weeks after publication of a document,

in Room 309–G of the Department’s

offices at 200 Independence Avenue

SW., Washington, DC, on Monday

through Friday of each week from 8:30

a.m. to 5 p.m. (phone: (202) 690–7890).

For comments that relate to

information collection requirements,

mail a copy of comments to: Health Care

Financing Administration, Office of

Financial and Human Resources,

Management Planning and Analysis

Staff, Room C2–26–17, 7500 Security

Boulevard, Baltimore, MD 21244–1850.

Copies: To order copies of the Federal

Register containing this document, send

your request to: New Orders,

Superintendent of Documents, P.O. Box

371954, Pittsburgh, PA 15250–7954.

Specify the date of the issue requested

and enclose a check or money order

payable to the Superintendent of

Documents, or enclose your Visa or

Master Card number and expiration

date. Credit card orders can also be

placed by calling the order desk at (202)

512–1800 or by faxing to (202) 512–

2250. The cost for each copy is $8.00.

As an alternative, you can view and

photocopy the Federal Register

document at most libraries designated

as Federal Depository Libraries and at

many other public and academic

libraries throughout the country that

receive the Federal Register.

FOR FURTHER INFORMATION CONTACT:

George Morey, (410) 786–4653.

SUPPLEMENTARY INFORMATION:

I. Background

On May 26, 1993, we published in the

Federal Register (58 FR 30630) a final

rule to implement the Essential Access

Community Hospital (EACH) Program.

That program, which is authorized by