68130 Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AO93 

Technical Corrections to Medical 

Regulations Based on Veterans’ Health 

Care Eligibility Reform Act of 1996 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its medical 

regulations by making technical 

corrections to conform to the Veterans’ 

Health Care Eligibility Reform Act of 

1996 (Act of 1996). Currently VA 

regulations read that veterans receive 

only VA hospital care to treat medical 

conditions of eligible veterans. We are 

amending our regulation to clarify that 

VA provides hospital care and medical 

services to eligible veterans. 

DATES: This final rule is effective 

November 14, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Kristin J. Cunningham, Director, 

Business Policy, Chief Business Office, 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue NW., Washington, DC 

20420; (202) 461–1599. (This is not a 

toll-free number.) 

SUPPLEMENTARY INFORMATION: The 

Veterans’ Health Care Eligibility Reform 

Act of 1996 (Act of 1996) significantly 

changed the provision of care to eligible 

veterans by establishing an enrollment 

system of care that gives priority for VA 

medical care to veterans whose 

disabilities are connected to military 

service. Section 101, Public Law 104– 

262, 103 Stat. 3177. The general 

enrollment regulations are set forth in 

38 CFR 17.36 through 17.38, which are 

not being amended by this rulemaking. 

The Act of 1996 clarified that not only 

does VA provide hospital care, but VA 

also provides medical services to 

eligible veterans. Section 1701 of 38 

U.S.C. defines the term medical 

services, which include, among other 

things, medical examinations, 

treatment, and rehabilitative services. 

Since VA has been providing hospital 

care and medical services to eligible 

veterans as required by the Act of 1996, 

VA is updating § 17.47 accordingly. 

Current § 17.47 refers only to VA’s 

provision of hospital care to eligible 

veterans when, in fact, VA provides 

hospital care and medical services to 

such veterans. 

The title of § 17.47 is amended to 

reflect the scope of the section. The title 

of the section is changed from 

‘‘Considerations applicable in 

determining eligibility for hospital, 

nursing home or domiciliary care’’ to 

read ‘‘Considerations applicable in 

determining eligibility for hospital care, 

medical services, nursing home care or 

domiciliary care.’’ 

We are editing § 17.47 to add the term 

‘‘medical services’’ where appropriate. 

For example, the first sentence of 

paragraph (a)(1) reads, ‘‘For applicants 

discharged or released for disability 

incurred or aggravated in line of duty 

and who are not in receipt of 

compensation for service-connected or 

service-aggravated disability, the official 

records of the Armed Forces relative to 

findings of line of duty for its purposes 

will be accepted in determining 

eligibility for hospital care.’’ We are 

amending this sentence by adding ‘‘or 

medical services’’ immediately after 

‘‘hospital care’’. Because VA does not 

limit its services to hospital care only, 

the addition reflects the types of care 

available to veterans. The other 

amendments in paragraph (a)(1) and in 

paragraphs (a)(2), (c), (d)(1), (d)(2), (f), 

(g)(1) and (g)(2) are made for the same 

purpose. 

For this same reason, we are replacing 

the term ‘‘admission’’ in paragraph 

(a)(1) with the term ‘‘such care or 

services’’. The term ‘‘admission’’ is too 

narrow, as it applies only to hospital 

admission and not outpatient medical 

services. We are also replacing the term 

‘‘hospitalization’’ in paragraph (a)(1) 

with ‘‘hospital care or medical 

services’’. We are making similar edits 

in paragraph (a)(2). 

We are making a technical edit to 

§ 17.47(j) by correcting the spelling of 

‘‘cytomegalovirus.’’ 

Administrative Procedure Act 

The Secretary of Veterans Affairs 

(Secretary) finds good cause under the 

provisions of 5 U.S.C. 553(b)(B) to 

publish this rule without prior 

opportunity for public comment. This 

amendment merely revises VA’s 

regulation to comply with a statutory 

mandate that VA provide hospital care 

and medical services to eligible 

veterans. Therefore, a prior opportunity 

for notice and comment is unnecessary. 

Additionally, for the reason previously 

stated, the Secretary finds good cause to 

dispense with the delayed-effective-date 

requirement of 5 U.S.C. 553(d). 

Effect of Rulemaking 

Title 38 of the Code of Federal 

Regulations, as revised by this final 

rulemaking, represents VA’s 

implementation of its legal authority on 

this subject. Other than future 

amendments to this regulation or 

governing statutes, no contrary rules or 

procedures are authorized. All existing 

or subsequent VA guidance must be 

read to conform with this rulemaking if 

possible or, if not possible, such 

guidance is superseded by this 

rulemaking. 

Paperwork Reduction Act 

This final rule contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

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 will 

directly affect only individuals and will 

not directly affect small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this rulemaking is exempt from the 

initial and final regulatory flexibility 

analysis requirements of 5 U.S.C. 603 

and 604. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess the 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 

effects, and other advantages; 

distributive impacts; and equity). 

Executive Order 13563 (Improving 

Regulation and Regulatory Review) 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

12866 (Regulatory Planning and 

Review) defines 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 

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Federal Register / Vol. 79, No. 220 / Friday, November 14, 2014 / Rules and Regulations 68131 

the principles set forth in this Executive 

Order.’’ 

The economic, interagency, 

budgetary, legal, and policy 

implications of this regulatory action 

have been examined, and it has been 

determined not to be a significant 

regulatory action under Executive Order 

12866. VA’s impact analysis can be 

found as a supporting document at 

http://www.regulations.gov, usually 

within 48 hours after the rulemaking 

document is published. Additionally, a 

copy of the rulemaking and its impact 

analysis are available on VA’s Web site 

at http://www1.va.gov/orpm/, by 

following the link for VA Regulations 

Published from FY 2004 through FYTD. 

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 the 

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 

1 year. This final rule will have no such 

effect on State, local, and tribal 

governments, or on the private sector. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers and titles for the 

programs affected by this final rule are: 

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; 

64.018, Sharing Specialized Medical 

Resources; 64.019, Veterans 

Rehabilitation Alcohol and Drug 

Dependence; 64.022, Veterans Home 

Based Primary Care; and 64.024, VA 

Homeless Providers Grant and Per Diem 

Program. 

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. Jose 

D. Riojas, Chief of Staff, Department of 

Veterans Affairs, approved this 

document on November 6, 2014, 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, Veterans. 

Dated: November 10, 2014. 

Janet Coleman, 

Chief, Regulations Development, Tracking, 

and Control, Office of Regulation Policy & 

Management, Office of the General Counsel, 

U.S. Department of Veterans Affairs. 

For the reasons set out 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, and as noted in 

specific sections. 

§ 17.47 [Amended] 

■ 2. Amend § 17.47 by: 

■ a. Removing from the section heading 

‘‘hospital, nursing home or domiciliary 

care’’ and adding in its place ‘‘hospital 

care, medical services, nursing home 

care, or domiciliary care’’. 

■ b. In paragraph (a)(1) by: 

■ i. Removing all references to ‘‘hospital 

care’’ and adding in each place 

‘‘hospital care or medical services’’; 

■ ii. Removing ‘‘admission,’’ and adding 

in its place ‘‘such care or services,’’; and 

■ iii. Removing ‘‘hospitalization,’’ and 

adding in its place ‘‘hospital care or 

medical services,’’. 

■ c. In paragraph (a)(2), by removing 

‘‘admission of the applicant for hospital 

care,’’ and adding in its place ‘‘hospital 

care or medical services,’’. 

■ d. In paragraph (c), removing all 

references to ‘‘hospital care’’ and adding 

in each place ‘‘hospital care or medical 

services’’. 

■ e. In paragraphs (d)(1) introductory 

text and (d)(2), removing all references 

to ‘‘hospital or nursing home care’’ and 

adding in each place ‘‘hospital care, 

medical services, or nursing home 

care’’. 

■ f. In paragraph (f), removing ‘‘hospital, 

nursing home, or outpatient care under 

38 U.S.C. 1710(a)(3) by virtue of the 

veteran’s eligibility for hospital care’’ 

and adding in its place ‘‘hospital care, 

medical services, nursing home care, or 

outpatient care under 38 U.S.C. 

1710(a)(3) by virtue of the veteran’s 

eligibility for hospital care and medical 

services ’’. 

■ g. In the first sentences of paragraphs 

(g)(1) and (2), adding ‘‘and/or receiving 

medical services’’ immediately 

following ‘‘hospitalized’’. 

■ h. In paragraph (j), removing 

‘‘cytemegalovirus’’ and adding in its 

place ‘‘cytomegalovirus’’. 

[FR Doc. 2014–26954 Filed 11–13–14; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2013–0729; FRL–9917–15] 

Paraquat Dichloride; Pesticide 

Tolerance 

Correction 

In rule document 2014–25592 

appearing on pages 64317 through 

64322 in the issue of Wednesday, 

October 29, 2014, the table on page 

64322 is corrected to read as follows: 

§ 180.205 Paraquat; tolerances for 

residues [Corrected] 

(a) * * * 

Commodity 

Parts 

per 

million 

****

Vegetable, tuberous and corm, 

subgroup 1C ............................. 0.50 

****

[FR Doc. C1–2014–25592 Filed 11–13–14; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Parts 30, 150, and 153 

[Docket No. USCG–2013–0423] 

RIN 1625–AB94 

2013 Liquid Chemical Categorization 

Updates 

AGENCY: Coast Guard, DHS. 

ACTION: Interim rule; delay of effective 

date. 

SUMMARY: The Coast Guard announces 

an additional two-year delay of the 

effective date of its 2013 interim rule, 

which updates and revises tables that 

list liquid hazardous materials, liquefied 

gases, and compressed gases that have 

been approved by the Coast Guard and 

the International Maritime Organization 

for maritime transportation in bulk. 

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