Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 30227 

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 that this action is one 

of a category of actions which does not 

individually or cumulatively have a 

significant effect on the human 

environment. Therefore this rule is 

categorically excluded, under section 

2.B.2. figure 2–1, paragraph (32)(e), of 

the Instruction. 

Under figure 2–1, paragraph (32)(e), of 

the Instruction, neither an 

environmental analysis checklist nor a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Revise 33 CFR 117.150 to read as 

follows: 

§ 117.150 Connection Slough. 

The draw of the Reclamation District 

No. 2027 bridge between Mandeville 

and Bacon Islands, mile 2.5 near 

Stockton, from May 15 through 

September 15, shall open on signal 

between the hours of 9 a.m. and 5 p.m., 

and it shall open upon 12 hours 

advance notice between the hours of 5 

p.m. and 9 a.m.; and from September 16 

through May 14 the draw shall open 

upon 12 hours advance notice between 

the hours of 9 a.m. and 5 p.m., and it 

shall open upon 24 hours advance 

notice between the hours of 5 p.m. and 

9 a.m. Advance notice shall be given to 

the drawbridge operator by telephone at 

(209) 464–2959 or (209) 464–7928 

weekdays between 8 a.m. and 5 p.m., 

and at (209) 993–8878 all other times. 

Dated: June 8, 2009. 

P.F. Zukunft, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eleventh Coast Guard District. 

[FR Doc. E9–14946 Filed 6–24–09; 8:45 am] 

BILLING CODE 4910–15–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 17 

RIN 2900–AN07 

Foreign Medical Program of the 

Department of Veterans Affairs— 

Hospital Care and Medical Services in 

Foreign Countries 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Veterans Affairs (VA) 

medical regulations applicable to VA’s 

Foreign Medical Program, Hospital Care 

and Medical Services in Foreign 

Countries. This rule is intended to 

change provisions concerning the 

location for filing Foreign Medical 

Program claims and delegations of 

authority for adjudicating those claims. 

It also corrects an obsolete regulatory 

citation. These changes are made for 

accuracy. 

DATES: Effective Date: July 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Richard M. Trabert, Policy Management 

Division (741/PMD), VA Health 

Administration Center, P.O. Box 65020, 

Denver, CO 80206–9020; (303) 331– 

7549. (This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: This 

document amends certain provisions 

concerning VA’s Foreign Medical 

Program (FMP) in VA’s medical 

regulations in 38 CFR part 17. The FMP 

is a VA health benefits program 

designed for a veteran who is residing 

or traveling outside of the United States, 

if the veteran requires treatment for a 

VA-rated service-connected disability or 

any disability associated with and 

aggravating a service-connected 

disability; or if the veteran requires care 

for certain reasons during participation 

in a rehabilitation program under 38 

U.S.C. chapter 31. 

This rule amends 38 CFR 17.35, 

17.125, and 17.141. 

We are amending § 17.35, ‘‘Hospital 

care and medical services in foreign 

countries,’’ to correct an obsolete 

reference in § 17.35(b) to 38 CFR 

17.48(j)(2). The reference is corrected to 

§ 17.47(i)(2) to reflect the redesignation 

of that paragraph pursuant to two earlier 

final rules (see 61 FR 21964, 21965 (May 

13, 1996); 65 FR 54207, 54218 (Oct. 6, 

1999)). 

This rule amends § 17.125, ‘‘Where to 

file claims,’’ to reflect a change in the 

mailing address for FMP claims sent to 

the Health Administration Center in 

Denver, Colorado. It also amends 

§ 17.125, as well as § 17.141, ‘‘Authority 

to adjudicate foreign reimbursement 

claims,’’ to remove provisions that 

distinguish the filing and adjudication 

of FMP claims for services rendered in 

Canada from those claims for services 

rendered in other foreign countries. 

Currently, these provisions instruct 

claimants to file claims for services 

rendered in Canada with the VA 

Medical Center in White River Junction, 

Vermont, and reflect a delegation of 

authority to that office for adjudication 

of those claims. Current § 17.125 

provides that claims for services 

rendered in other foreign countries 

(except the Philippines) must be mailed 

to the Denver Health Administration 

Center and § 17.141 reflects a delegation 

of authority to that office for 

adjudication of those claims. This rule 

removes the distinction between Canada 

and other foreign countries, thereby 

requiring claims under the FMP for 

services rendered in Canada to be 

mailed to and adjudicated by the Health 

Administration Center. 

Administrative Procedure Act 

This document merely corrects a 

citation to a regulatory paragraph to 

reflect that paragraph’s redesignation 

and makes other changes pertaining to 

agency management, organization, and 

procedure. Accordingly, its publication 

as a final rule is pursuant to 5 U.S.C. 

553, which exempts such a document 

from the notice-and-comment 

requirements of section 553. 


sroberts on PROD1PC70 with RULES
30228 Federal Register / Vol. 74, No. 121 / Thursday, June 25, 2009 / Rules and Regulations 

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 regulatory amendment 

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. Individuals eligible for FMP 

benefits are widely dispersed 

geographically and any effect on a small 

entity from the provisions of this rule 

will be miniscule. 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 section 603 and 604. 

Paperwork Reduction Act of 1995 

This document contains no provisions 

constituting a collection of information 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3521). 

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 

year. This rule will have no such effect 

on State, local, and tribal governments, 

or on the private sector. 

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. 

Catalog of Federal Domestic Assistance 

The program that this rule affects has 

the following Catalog of Federal 

Domestic Assistance number and title: 

64.009, Veterans Medical Care Benefits. 

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: June 10, 2009. 

John R. Gingrich, 

Chief of Staff, Department of Veterans Affairs. 

■ For the reasons stated in the preamble, 

VA amends 38 CFR part 17 as follows: 

PART 17—MEDICAL 

■ 1. Revise the authority citation for part 

17 to read as follows: 

Authority: 38 U.S.C. 501, 1721, and as 

noted in specific sections. 

§ 17.35 [Amended] 

■ 2. Amend § 17.35(b) by removing ‘‘38 

CFR 17.48(j)(2)’’ and adding in its place 

‘‘§ 17.47(i)(2)’’. 

§ 17.125 [Amended] 

■ 3. Amend § 17.125 by: 

■ a. In paragraph (a), removing ‘‘, and’’ 

at the end of the paragraph and adding 

in its place ‘‘.’’. 

■ b. In paragraph (b), removing ‘‘, and’’ 

at the end of the paragraph and adding 

in its place ‘‘.’’. 

■ c. Removing paragraph (c) and 

redesignating paragraphs (d) and (e) as 

paragraphs (c) and (d), respectively. 

■ d. In newly-redesignated paragraph 

(c), removing ‘‘P.O. Box 65023, Denver, 

CO 80206–3023’’ and adding in its place 

‘‘P.O. Box 469063, Denver, CO 80246– 

9063’’. 

§ 17.141 [Amended] 

■ 4. Amend § 17.141 by removing 

‘‘Canada which will be referred to the 

VA Medical Center in White River 

Junction, VT, and’’. 

[FR Doc. E9–14966 Filed 6–24–09; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 1, 40, 63, 260, 261, 262, 

266, 271, 750 and 761 

[FRL 8911–7] 

Reorganization and Name Change for 

the Office of Solid Waste (OSW) Within 

the Office of Solid Waste and 

Emergency Response 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On January 18, 2009, the 

Office of Solid Waste (OSW) was 

reorganized and changed its name to the 

Office of Resource Conservation and 

Recovery (ORCR). The name change 

reflects the breadth of the 

responsibilities/authorities that 

Congress provided to EPA under the 

Resource Conservation and Recovery 

Act (RCRA), the primary authorizing 

statute. ORCR has three divisions, 

which consolidate the operations of the 

six divisions under the OSW structure. 

This reorganization will create a more 

efficient structure, consistent with 

current program priorities and resource 

levels, and will enable EPA to better 

serve the needs of the public and its key 

stakeholders over the next 5–10 years. 

EPA has increased focus on resource 

conservation and materials 

management; it is expected that focus 

on this important aspect of the RCRA 

program will continue, while 

maintaining a strong waste management 

regulatory and implementation program. 

EPA is taking final action to amend the 

Code of Federal Regulations (CFR) to 

reflect the reorganization and name 

change of the Office of Solid Waste. 

DATES: This rule is effective on June 25, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

Kathy Bruneske, Office of Resource 

Conservation and Recovery (ORCR), 

U.S. Environmental Protection Agency, 

Ariel Rios Building, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460– 

0002; telephone (703) 308–0096; fax 


sroberts on PROD1PC70 with RULES