Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 52627 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 242 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 100 

[Docket No. FWS–R7–SM–2009–0001; 

70101–1261–0000L6] 

RIN 1018–AW30 

Subsistence Management Regulations 

for Public Lands in Alaska—2010–11 

and 2011–12 Subsistence Taking of 

Wildlife Regulations; Subsistence 

Taking of Fish on the Yukon River 

Regulations; Correction 

AGENCIES: Forest Service, Agriculture; 

Fish and Wildlife Service, Interior. 

ACTION: Final rule; correction. 

SUMMARY: On June 30, 2010, we 

published a final rule that, among other 

things, established regulations related to 

the taking of wildlife for subsistence 

uses in Alaska during the period 2010– 

12. We inadvertently made effective 

date errors, which we correct with this 

document. 

DATES: This correction is effective 

August 27, 2010. 

FOR FURTHER INFORMATION CONTACT: Sara 

Prigan, Federal Register Liaison, U.S. 

Fish and Wildlife Service, 703–358– 

2508. 

SUPPLEMENTARY INFORMATION: On June 

30, 2010, the Departments of 

Agriculture and the Interior published a 

final rule establishing regulations for 

seasons, harvest limits, methods, and 

means related to taking of wildlife for 

subsistence uses in Alaska during the 

2010–11 and 2011–12 regulatory years 

(75 FR 37918). This rule also revised 

customary and traditional use 

determinations and the regulations 

defining size limitations for gillnet mesh 

used for harvesting salmon in the Yukon 

River drainage. We inadvertently made 

errors in the DATES section, which we 

correct with this document. 

Because of a typographical error, the 

second sentence of the DATES caption of 

the final rule became nonsensical: It 

stated that a paragraph would be 

effective April 1, 2011, through March 

31, 2011. The sentence should have read 

as follows: Section ll.27(i)(3)(xiii)(A) 

and (B) is effective March 1, 2011, 

through March 31, 2011. 

Administrative Procedure Act 

We find good cause to waive notice 

and comment on this correction, under 

5 U.S.C. 533(b)(3)(B), and also the 30- 

day delay in effective date, under 5 

U.S.C. 553(d). Notice and comment are 

unnecessary because this correction 

does not alter the substance of the rule. 

Instead it corrects a nonsensical error. 

Therefore, we publish this correction as 

a final rule and make it effective upon 

publication. 

Correction 

■ In FR Doc. 10–15195, appearing on 

page 37918 in the Federal Register of 

Wednesday, June 30, 2010, the 

following correction is made: 

■ On page 37918, in the first column, 

the DATES section of the final rule is 

corrected to read as follows: 

DATES: Sections ll.24(a)(1), ll.25, 

and ll.26 are effective July 1, 2010. 

Section ll.27(i)(3)(xiii)(A) and (B) is 

effective March 1, 2011, through March 

31, 2011. 

Authority: 16 U.S.C. 3, 472, 551, 668dd, 

3101–3126; 18 U.S.C. 3551–3586; 43 U.S.C. 

1733. 

Dated: August 20, 2010. 

Sara Prigan, 

Federal Register Liaison, U.S. Fish and 

Wildlife Service. 

Dated: August 20, 2010. 

Steve Kessler, 

Subsistence Program Leader, USDA—Forest 

Service. 

[FR Doc. 2010–21405 Filed 8–26–10; 8:45 am] 

BILLING CODE 3410–11–P; 4310–55–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN76 

Disenrollment Procedures 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document makes 

technical amendments to the 

Department of Veterans Affairs (VA) 

regulation concerning enrollment and 

disenrollment from the VA medical care 

system. It removes the ‘‘automatic 

enrollment’’ provision relevant to a 1998 

trial enrollment program that has been 

discontinued. It also amends the 

regulation to reflect current VA practice 

and to update the address for 

documents mailed to the VA Health 

Eligibility Center. Finally, it provides an 

internet address for accessing VA Form 

10–10EZ online. 

DATES: Effective Date: August 27, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Roscoe Butler, Acting Director, Business 

Policy, Chief Business Office (163), 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420, (202) 461–1586. (This is not a 

toll free number). 

SUPPLEMENTARY INFORMATION: Current 38 

CFR 17.36(d)(4) provides that ‘‘veterans 

who were notified by VA letter that they 

were enrolled in the VA healthcare 

system under the trial VA enrollment 

program prior to October 1, 1998, 

automatically will be enrolled in the VA 

healthcare system under this section.’’ 

We are removing this paragraph because 

all of the veterans in the 1998 trial 

enrollment program have been 

accounted for and the program has been 

discontinued. Therefore, the paragraph 

is no longer relevant. 

Current § 17.36(d)(5)(i) provides that a 

veteran enrolled in the VA healthcare 

system will be disenrolled only if ‘‘[t]he 

veteran submits to a VA medical center 

or the VA Health Eligibility Center, 1644 

Tullie Circle, Atlanta, Georgia 30329, a 

signed document stating that the veteran 

no longer wishes to be enrolled.’’ We are 

making two changes to this provision. 

First, this final rule prescribes that the 

veteran must sign and date the 

document. This is necessary to ensure 

that the document reflects the veteran’s 

current intent. Second, the final rule 

updates the address for the VA Health 

Eligibility Center. 

Current § 17.36(d)(5)(iii) provides that 

a veteran enrolled in the VA healthcare 

system will be disenrolled only if ‘‘[a] 

VA network or facility Director, or the 

Deputy Under Secretary for Health for 

Operations and Management or Chief, 

Health Administration Service or 

equivalent official at a VA medical 

facility, or Director, Health Eligibility 

Center, * * * determines that the 

veteran failed to return [a completed VA 

Form 10–10EZ] to the address on the 

return envelope within 60 days from 

receipt of the form.’’ We are removing 

paragraph (d)(5)(iii) in order to conform 

with current VA practice, which does 

not disenroll veterans based on their 

failure to file VA Form 10–10EZ. 

Current practice is reflected in current 

paragraph (d)(3)(iv). Removing 

paragraph (d)(5)(iii) also eliminates any 

potential for conflict or ambiguity 

between paragraphs (d)(3)(iv) and 

(d)(5)(iii). 

Finally, we are revising § 17.36(f) to 

remove the reproduced image of the 

1998 version of VA Form 10–10EZ, 

which has been superseded by the 2009 

version of the form. Rather than 

WReier-Aviles on DSKGBLS3C1PROD with RULES

52628 Federal Register / Vol. 75, No. 166 / Friday, August 27, 2010 / Rules and Regulations 

reproduce an image of the form in the 

CFR, we will provide a link to the VA 

Web site where the current form is 

available for printing, downloading, or 

online submission. The form is also 

available at any VA medical center. This 

change will ensure that the CFR does 

not reference and depict an out-of-date 

form. 

Administrative Procedure Act 

VA finds, in accordance with 5 U.S.C. 

533(b)(3)(A) of the Administrative 

Procedure Act (APA), that this final rule 

relates solely to agency organization, 

procedure, or practice. Therefore, the 

provisions of the APA regarding notice 

of the proposed rulemaking and 

opportunity for public participation are 

not applicable. 

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 final rule would have 

no such effect on state, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

Although 38 CFR 17.36, which this 

final rule amends, contains provisions 

constituting collections of information 

under the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3521), the amendments establish no 

new or proposed revised collections of 

information. The information collection 

provisions for § 17.36 are currently 

approved by OMB and have been 

assigned OMB control number 2900– 

0091. 

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 regulatory 

action as a ‘‘significant regulatory 

action,’’ requiring review by OMB unless 

OMB waives such review, if it is 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, 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 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. This final rule 

concerns only VA organization, 

procedure, or practice, specifically with 

respect to enrollment and disenrollment 

of VA beneficiaries, and will not have 

a significant economic impact on 

healthcare providers, suppliers, or other 

entities since only a small portion of the 

business of such entities concerns VA 

beneficiaries. Therefore, pursuant to 5 

U.S.C. 605(b), this final 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 

64.005, 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; 64.018, 

Sharing Specialized Medical Resources; 

64.019, Veterans Rehabilitation Alcohol 

and Drug Dependence; 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 August 19, 2010, for 

publication. 

List of Subjects in 38 CFR Part 17 

Administrative practice and 

procedure; Alcohol abuse; Alcoholism; 

Claims; Day care; Dental health; Drug 

abuse; Government contracts; Grant 

programs—health; Grant programs— 

Veterans; Health care; Health facilities; 

Health professions; Health records; 

Homeless; Mental health programs; 

Nursing homes; Philippines, Reporting 

and recordkeeping requirements; 

Veterans. 

Dated: August 23, 2010. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

■ For the reasons set forth in the 

preamble, 38 CFR part 17 is amended 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 17.36 by: 

■ a. Removing and reserving paragraph 

(d)(4). 

■ b. In paragraph (d)(5), introductory 

text, removing ‘‘or (d)(4)’’. 

■ c. Revising paragraph (d)(5)(i). 

■ d. In paragraph (d)(5)(ii), removing ‘‘; 

or’’ and adding, in its place, a period. 

■ e. Removing paragraph (d)(5)(iii). 

■ f. Revising paragraph (f). 

The revisions and addition read as 

follows: 

§ 17.36 Enrollment—provision of hospital 

and outpatient care to veterans. 

* * * * * 

(d) * * * 

(5) * * * 

(i) The veteran submits to a VA 

Medical Center or to the VA Health 

Eligibility Center, 2957 Clairmont Road, 

NE., Suite 200, Atlanta, Georgia 30329– 

1647, a signed and dated document 

stating that the veteran no longer wishes 

to be enrolled; or 

* * * * * 

(f) VA Form 10–10EZ. Copies of VA 

Form 10–10EZ are available at any VA 

medical center and at https:// 

www.1010ez.med.va.gov/sec/vha/ 

1010ez/. 

* * * * * 

[FR Doc. 2010–21297 Filed 8–26–10; 8:45 am] 

BILLING CODE 8320–01–P 

WReier-Aviles on DSKGBLS3C1PROD with RULES