54028 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction and neither an 

environmental assessment nor an 

environmental impact statement is 

required. This rule involves a limitedin-duration safety zone intended to 

protect life and property on the 

navigable waterways of the Delaware 

River. An environmental analysis 

checklist and a categorical exclusion 

determination will be made available in 

the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T05–0728 to read as 

follows: 

§ 165.T05–0728 Safety Zone; Red Bull 

Flugtag, Delaware River, Camden, NJ 

(a) Location. The safety zone includes 

all waters inside a boundary described 

as originating from the shoreline then 

west to 39°56′54′′ N, 075°07′59′′ W then 

north to 39°56′56′′ N, 075°07′58′′ W then 

north to 39°56′58′′ N, 075°07′58′′ W then 

east to 39°56′58′′ N, 075°07′56′′ W then 

east to the shoreline. 

(b) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

COTP, Delaware Bay. 

(2) Official Patrol means any vessel 

assigned or approved by COTP, Sector 

Delaware Bay with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign as well 

as any assisting local law enforcement 

vessels. 

(c) Regulations: 

(1) Except for persons or vessels 

authorized by the Coast Guard Patrol 

Commander, no person or vessel may 

enter or remain in the regulated area. 

(2) The operator of any vessel in the 

regulated area shall: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(d) Effective Period. The safety zone 

will be in effect from 10 a.m. to 5 p.m. 

on September 4, 2010. 

Dated: July 29, 2010. 

R.T. Gatlin, 

Captain, U.S. Coast Guard, Acting Captain 

of the Port Delaware Bay. 

[FR Doc. 2010–22032 Filed 9–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN52 

Technical Revisions To Conform With 

the Veterans’ Mental Health Care Act of 

2008 and Other Laws 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Department of Veterans Affairs (VA) 

medical regulations to make the 

language of several provisions conform 

to changes in law made by the Homeless 

Veterans Comprehensive Assistance Act 

of 2001; the Veterans Health Care, 

Capital Asset, and Business 

Improvement Act of 2003; and the 

Veterans’ Mental Health and Other Care 

Improvements Act of 2008. 

DATES: Effective Date: October 4, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Roscoe Butler, Deputy 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: This 

document amends sections of 38 CFR 

part 17 to conform with changes made 


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Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 54029 

by certain sections of the Veterans’ 

Mental Health and Other Care 

Improvements Act of 2008 (‘‘the 2008 

Act’’), Public Law 110–387, and by 

section 101 of the Veterans Health Care, 

Capital Asset, and Business 

Improvement Act of 2003 (‘‘the 2003 

Act’’), Public Law 108–170. It also 

makes a technical change in order to 

improve data management and 

evaluation of a dental care program 

authorized by section 2062 of the 

Homeless Veterans Comprehensive 

Assistance Act of 2001 (‘‘the 2001 Act’’), 

Public Law 107–95. 

Section 801 of the 2008 Act 

eliminated a sunset provision that had 

applied to the inclusion of 

noninstitutional extended care in the 

statutory definition of medical services. 

In light of the removal of this sunset 

provision, we have included 

‘‘noninstitutional extended care’’ in the 

regulations that define medical services 

and the medical benefits package, at 

§§ 17.30(a)(1) and 17.38(a)(1)(xi)(B) 

respectively. We note that 

§ 17.38(a)(1)(xi)(B) already lists several 

specific types of noninstitutional 

extended care, but including this term 

in the regulatory definition of the 

medical benefits package will eliminate 

any confusion as to whether other types 

of noninstitutional extended care are 

included. 

Section 301(a) of the 2008 Act 

amended 38 U.S.C. 1701(5)(B) and 

1782(a) by inserting ‘‘marriage and 

family counseling’’ after ‘‘professional 

counseling.’’ We have made 

corresponding changes to 38 CFR 

17.30(a)(2) and 17.38(a)(1)(vii). 

Section 301(a)(1)(B) of the 2008 Act 

further amended 38 U.S.C. 1701(5)(B) by 

striking ‘‘as may be essential to’’ and 

inserting ‘‘as the Secretary considers 

appropriate for,’’ authorizing VA to 

exercise discretion to provide certain 

mental health services, counseling, and 

training for members of a hospitalized 

veteran’s household or family. Section 

301(a)(2)(B) amended 38 U.S.C. 1782(b) 

by removing limitations in section 

1782(b)(1) and (2) on providing 

counseling for family members of nonservice-connected veterans. We are 

revising 38 CFR 17.30(a)(2) and 

17.38(a)(1)(vii) to reflect these changes 

in law. These revisions include 

removing paragraphs (a)(2)(i) and (ii) of 

§ 17.30 because they codified statutory 

provisions that been repealed. To the 

extent that § 17.30(a)(2)(ii) references 

§ 17.84(c), it is inaccurate because this 

provision has been deleted and the 

reference is outdated. Instead, these 

provisions will be more properly 

addressed in future regulations 

regarding the Civilian Health and 

Medical Program of the Department of 

Veterans Affairs, which provides health 

benefits for dependents and survivors of 

veterans who are service connected, 

permanently and totally disabled, or 

died of a service-connected condition. 

In the meantime, VA will continue to 

implement its authority as written in the 

last sentence of 38 U.S.C. 1781(b). 

Section 409 of the 2008 Act amended 

38 U.S.C. 1710 so that hospice care is 

not subject to copayment requirements 

for inpatient hospital care or outpatient 

medical care. We are amending 

§ 17.108(e) accordingly. 

Section 101(b) of the 2003 Act 

amended 38 U.S.C. 1722A(a)(3) to 

exempt former prisoners of war from the 

pharmacy copayment requirement. We 

are amending 38 CFR 17.110(c) 

accordingly, by adding medication for 

this class as an exception to the 

copayment requirement. 

Section 101(a) of the 2003 Act 

amended 38 U.S.C. 1712(a)(1)(F) to 

remove the prerequisite of a detainment 

or internment period of at least 90 days 

to establish eligibility for outpatient 

dental care for a former prisoner of war. 

As a result, there is no longer a need to 

distinguish between class II(b) and class 

II(c) in VA’s regulations. To implement 

this change, we are removing the phrase 

‘‘for 90 days or more’’ in § 17.161(e), 

which will now authorize dental 

treatment for all prisoners of war as 

subclass II(c). 

Section 3 of the 2001 Act declared it 

‘‘to be a national goal to end chronic 

homelessness among veterans within a 

decade.’’ Section 2062 of the 2001 Act 

provides authority for the Homeless 

Veterans Dental Care Program, a onetime course of dental care for certain 

homeless veterans and other enrolled 

veterans. This rulemaking assigns 

subclass II(b) to veterans eligible for 

outpatient dental care through the 

program because it is useful for data 

management purposes and to clarify the 

dental services available to this group of 

veterans. 

We also note, for the benefit of the 

public, that several sections of the 2008 

Act that require rulemaking have 

already been proposed or will be 

proposed in separate rulemakings. 

Section 401, concerning VA’s 

beneficiary travel program, and section 

402, concerning emergency treatment, 

require VA to make certain policy 

decisions, which will be reflected in 

rulemakings that will require public 

notice and comment. Section 408 

liberalized VA’s authority to provide 

care to certain children of veterans who 

are born with spina bifida. Rules 

implementing this section were 

proposed in ‘‘Herbicide Exposure and 

Veterans with Covered Service in 

Korea,’’ RIN 2900–AN27. See 74 FR 

36640 (July 24, 2009). Finally, section 

604 authorized VA to provide financial 

assistance to help very low-income 

veteran families find or keep permanent 

housing. This section established a new 

grant program, which VA proposed to 

implement in a separate rulemaking. 

See 75 FR 24514 (May 5, 2010). 

Administrative Procedure Act 

The changes made by this final rule 

are interpretive rules, nonsubstantive 

changes to rules, or restatements of 

statutory requirements. These changes 

are exempt from the notice-andcomment and delayed-effective-date 

requirements of 5 U.S.C. 553(b) and (d). 

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 the Office 

of Management and Budget (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. 

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 

expenditure by State, local, and tribal 


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54030 Federal Register / Vol. 75, No. 171 / Friday, September 3, 2010 / Rules and Regulations 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

given year. This rule would have no 

such effect on State, local, and tribal 

governments, or on the private sector. 

Paperwork Reduction Act 

The final 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 final 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 

final rule would not cause a significant 

economic impact on health care 

providers, suppliers, or 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 

Numbers 

The program that this rule affects has 

the following Catalog of Federal 

Domestic Assistance numbers and titles: 

64.009 Veterans Medical Care Benefits, 

64.010 Veterans Nursing Home Care and 

64.011 Veterans Dental 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 30, 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, Foreign relations, Government 

contracts, Grant programs—health, 

Government programs—veterans, Health 

care, Health facilities, Health 

professions, Health records, Homeless, 

Medical and dental schools, Medical 

devices, Medical research, Mental 

health programs, Nursing home care, 

Veterans. 

Dated: August 31, 2010. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Office of the General Counsel, 

Department of Veterans Affairs. 

■ For the reasons stated in the preamble, 

the Department of Veterans Affairs 

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 

noted in specific sections. 

■ 2. Section 17.30 is amended by: 

■ a. In paragraph (a)(1), adding 

‘‘noninstitutional extended care,’’ after 

‘‘38 U.S.C. 1762,’’; 

■ b. Revising paragraph (a)(2) to read as 

follows: 

§ 17.30. Definitions. 

* * * * * 

(a) * * * 

(2) Consultation, professional 

counseling, marriage and family 

counseling, training, and mental health 

services for the members of the 

immediate family or legal guardian of 

the veteran or the individual in whose 

household the veteran certifies an 

intention to live, as necessary in 

connection with the veteran’s treatment. 

* * * * * 

■ 3. Section 17.38 is amended by: 

■ a. Revising paragraph (a)(1)(vii). 

■ b. In paragraph (a)(1)(xi)(B), removing 

‘‘Noninstitutional geriatric’’ and adding, 

in its place, ‘‘Noninstitutional extended 

care services, including but not limited 

to noninstitutional geriatric’’. 

■ c. Revising the authority citation at 

the end of the section. 

The revisions read as follows: 

§ 17.38. Medical benefits package. 

* * * * * 

(a) * * * 

(1) * * * 

(vii) Consultation, professional 

counseling, marriage and family 

counseling, training, and mental health 

services for the members of the 

immediate family or legal guardian of 

the veteran or the individual in whose 

household the veteran certifies an 

intention to live, as necessary and 

appropriate, in connection with the 

veteran’s treatment. 

* * * * * 

(Authority 38 U.S.C. 101, 501, 1701, 1705, 

1710, 1710A, 1721, 1722, 1782) 

■ 4. Section 17.108 is amended by: 

■ a. In paragraph (e)(13), removing 

‘‘; and’’ and adding, in its place, a semicolon. 

■ b. In paragraph (e)(14), removing the 

period at the end of the paragraph and 

adding, in its place, ‘‘; and’’. 

■ c. Adding paragraph (e)(15) to read as 

follows: 

§ 17.108 Co-payments for inpatient 

hospital care and outpatient medical care. 

* * * * * 

(e) * * * 

(15) Hospice care. 

* * * * * 

■ 5. Section 17.110 is amended by: 

■ a. In paragraph (c)(6), removing ‘‘; 

and’’ and adding, in its place, a semicolon. 

■ b. In paragraph (c)(7), removing the 

period at the end of the paragraph and 

adding, in its place, ‘‘; and’’. 

■ c. Adding paragraph (c)(8) to read as 

follows: 

§ 17.110 Copayments for medication. 

* * * * * 

(c) * * * 

(8) Medication for a veteran who is a 

former prisoner of war. 

* * * * * 

■ 6. Section 17.161 is amended by: 

■ a. Adding an authority citation at the 

end of paragraph (c). 

■ b. Revising paragraphs (d) and (e). 

The addition and revisions read as 

follows: 

§ 17.161 Authorization of outpatient dental 

treatment. 

* * * * * 

(c) * * * 

(Authority: 38 U.S.C. 501; 1712(a)(1)(C)) 

(d) Class II(b). Certain homeless and 

other enrolled veterans eligible for a 

one-time course of dental care under 38 

U.S.C. 2062. 

(Authority: 38 U.S.C. 2062; 38 U.S.C. 

1712(a)(1)(H)) 

(e) Class II(c). Those who were 

prisoners of war, as determined by the 

concerned military service department, 

may be authorized any needed 

outpatient dental treatment. 

(Authority: Pub. L. 100–322; Pub. L. 108–170; 

38 U.S.C. 1712(b)(1)(F)) 

* * * * * 

[FR Doc. 2010–22056 Filed 9–2–10; 8:45 am] 

BILLING CODE 8320–01–P 


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