Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 58875 

of the direct final rule on October 15, 

2008. The comment interpreted the 

proposed change as being only 

prospectively applied to new models 

undergoing test procedures on or after 

the effective date of the proposed 

change. FDA agrees that the proposed 

change applies only to new hearing aid 

models undergoing characterization on 

or after the effective date of October 15, 

2008; hearing aid models tested prior to 

this date are subject only to the 

characterization standard cited in the 

regulation at the time they were tested. 

Authority: Therefore, under the Federal 

Food, Drug, and Cosmetic Act and the Public 

Health Service Act, and under authority 

delegated to the Commissioner of Food and 

Drugs, the amendments issued thereby 

become effective on October 15, 2008. 

Dated: October 2, 2008. 

Jeffrey Shuren, 

Associate Commissioner for Policy and 

Planning. 

[FR Doc. E8–23717 Filed 10–7–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF THE INTERIOR 

Minerals Management Service 

[Docket No. MMS–2008–MRM–0021] 

30 CFR Part 210 

RIN 1010–AD20 

Reporting Amendments 

AGENCY: Minerals Management Service 

(MMS), Interior. 

ACTION: Correcting amendment. 

SUMMARY: The MMS published a final 

rule in the Federal Register on 

Wednesday, March 26, 2008 (73 FR 

15885), announcing amendments to 

existing regulations for reporting 

production and royalties on oil, gas, 

coal and other solid minerals, and 

geothermal resources produced from 

Federal and Indian leases. This 

docutment corrects the final rule, which 

contained a clerical error in the tables 

identifying OMB-approved information 

collections and their corresponding 

forms. 

DATES: Effective Date: Effective on 

October 8, 2008. 

FOR FURTHER INFORMATION CONTACT: Hyla 

Hurst, Regulatory Specialist, Minerals 

Management Service, Minerals Revenue 

Management, P.O. Box 25165, MS 

302B2, Denver, Colorado 80225; 

telephone (303) 231–3495; or e-mail 

Hyla.Hurst@mms.gov. 

SUPPLEMENTARY INFORMATION: A final 

rule was published in the Federal 

Register on March 26, 2008 (73 FR 

15885) containing a clerical error in the 

preamble and the regulatory text in the 

tables listing OMB-approved 

information collections. The forms 

approved under OMB Control Number 

1010–0139 were incorrectly identified 

on page 15889 in the preamble and page 

15893 in the regulatory text. Both tables 

contain the same error. Form MMS– 

4054 (Parts A, B, and C) and Form 

MMS–4058 are correctly identified as 

shown below in the table at § 210.10. 

List of Subjects in 30 CFR Part 210 

Coal, Solid minerals, Continental 

Shelf, Electronic funds transfers, 

Geothermal energy, Government 

contracts, Indian lands, Mineral 

royalties, Natural gas, Penalties, 

Petroleum, Oil and gas, Public lands— 

mineral resources, Reporting and 

recordkeeping requirements. 

■ Accordingly, 30 CFR Part 210 is 

corrected by making the following 

amendments: 

PART 210—FORMS AND REPORTS 

■ 1. The authority citation for part 210 

continues to read as follows: 

Authority: 5 U.S.C. 301 et. seq. ; 25 U.S.C. 

396, 2107; 30 U.S.C. 189, 190, 359, 1023, 

1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 

1334, 1801 et. seq. ; and 44 U.S.C. 3506(a). 

■ 2. In § 210.10, the table is amended by 

revising the entry for OMB number 

1010–0139 to read as follows: 

§ 210.10 What are the OMB-approved 

information collections? 

* * * * * 

OMB Control No. and short title Form or information collected 

* * * * * * * 

1010–0139, 30 CFR Parts 210 and 216, Production Accounting.Form MMS–4054 (Parts A, B, and C), Oil and Gas Operations Report. 

Form MMS–4058, Production Allocation Schedule Report. 

* * * * * * * 

Dated: September 30, 2008. 

C. Stephen Allred, 

Assistant Secretary for Land and Minerals 

Management. 

[FR Doc. E8–23788 Filed 10–7–08; 8:45 am] 

BILLING CODE 4310–MR–P 

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. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its regulations 

regarding the authority to provide onetime 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 


dwashington3 on PRODPC61 with RULES
58876 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations 

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 delayedeffective-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. 

■ For the reasons set forth in the 

preamble, VA amends 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 

stated in specific sections. 

■ 2. In § 17.161, revise paragraphs 

(b)(1)(i)(B) and (b)(1)(ii) and (iii) to read 

as follows: 

§ 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 serviceconnected 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] 

BILLING CODE 8320–01–P 


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