[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Rules and Regulations]
[Pages 58875-58876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-23771]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AM95


Dental Care--Provision of One-Time Outpatient Dental Care for 
Certain Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations regarding the authority to provide one-time outpatient 
dental treatment to eligible veterans following discharge or release 
from active duty. In section 1709 of Public Law 110-181, the National 
Defense Authorization Act for Fiscal Year 2008, Congress amended the 
eligibility criteria for the one-time dental treatment benefit. This 
rule is necessary to incorporate the statutory amendments into VA 
regulations.

DATES: Effective Date: October 8, 2008.

FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Director, Business 
Policy, Chief Business Office (163), Veterans Health Administration, 
Department of Veterans Affairs, 810

[[Page 58876]]

Vermont Avenue, NW., Washington, DC 20420, (202) 254-0384.

SUPPLEMENTARY INFORMATION: Public Law 110-181 amended 38 U.S.C. 
1712(a)(1)(B)(iii) concerning the period after discharge or release 
from activity duty that a veteran may apply for VA's one-time dental 
benefit. Under former law, veterans could apply within 90 days after 
such discharge or release. Under amended section 1712, veterans may 
apply for the benefit within 180 days after discharge or release from 
active duty. Congress also amended section 1712 to prescribe the 180-
day application period for veterans who reentered active duty within 90 
days after their prior discharge or release from active duty. 
Additionally, Congress prescribed the 180-day application period for 
veterans who have had a disqualifying discharge or release corrected by 
a competent authority. This document amends 38 CFR 17.161(b), to 
conform to the amendments made by Public Law 110-181.

Administrative Procedure Act

    This final rule merely restates or interprets statutory provisions. 
Accordingly, it is exempt from the prior notice-and-comment and 
delayed-effective-date requirements of 5 U.S.C. 553.

Unfunded Mandates

    The Unfunded Mandates Reform Act 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 amendment would have no such effect on State, local, and tribal 
governments, or the private sector.

Paperwork Reduction Act

    This document contains no collections of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3521).

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 Executive 
Order classifies a ``significant regulatory action,'' requiring review 
by the Office of Management and Budget (OMB) unless OMB waives such 
review, 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 the Executive 
Order.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined not to be a significant regulatory action under Executive 
Order 12866.

Regulatory Flexibility Act

    The initial and final regulatory flexibility analyses requirements 
of sections 603 and 604 of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, are not applicable to this rule, because a notice of proposed 
rulemaking is not required for this rule. Even so, the Secretary of 
Veterans Affairs 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. This final rule 
directly affects only individuals and does not directly affect small 
entities. Therefore, this final rule is also exempt pursuant to 5 
U.S.C. 605(b) from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance titles and numbers for 
the programs affected by this document are 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; 64.011, Veterans 
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans 
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015, 
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care; 
64.108, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care; 64.024, VA Homeless Providers Grant and Per Diem Program; 
and 64.026, Veterans State Adult Day Health Care.

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.

    Approved: August 26, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.


0
For the reasons set forth in the preamble, VA amends 38 CFR part 17 as 
follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority: 38 U.S.C. 501, 1721, and as stated in specific 
sections.


0
2. In Sec.  17.161, revise paragraphs (b)(1)(i)(B) and (b)(1)(ii) and 
(iii) to read as follows:


Sec.  17.161  Authorization of outpatient dental treatment.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) Application for treatment is made within 180 days after such 
discharge or release.
* * * * *
    (ii) Those veterans discharged from their final period of service 
after August 12, 1981, who had reentered active military service within 
90 days after the date of a discharge or release from a prior period of 
active military service, may apply for treatment of service-connected 
noncompensable dental conditions relating to any such periods of 
service within 180 days from the date of their final discharge or 
release.
    (iii) If a disqualifying discharge or release has been corrected by 
competent authority, application may be made within 180 days after the 
date of correction.
* * * * *
 [FR Doc. E8-23771 Filed 10-7-08; 8:45 am]
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