51158 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

shall take effect immediately upon its 

publication. 

The DEA has submitted a copy of this 

temporary order to both Houses of 

Congress and to the Comptroller 

General, although such filing is not 

required under the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Congressional Review Act), 5 

U.S.C. 801–808, because as noted above, 

this action is an order, not a rule. 

List of Subjects in 21 CFR Part 1308 

Administrative practice and 

procedure, Drug traffic control, 

Reporting and recordkeeping 

requirements. 

For the reasons set out above, the DEA 

amends 21 CFR part 1308 as follows: 

PART 1308—SCHEDULES OF 

CONTROLLED SUBSTANCES 

■ 1. The authority citation for part 1308 

continues to read as follows: 

Authority: 21 U.S.C. 811, 812, 871(b), 

956(b), unless otherwise noted. 

■ 2. Amend § 1308.11 by adding 

paragraph (h)(18) to read as follows: 

§ 1308.11 Schedule I. 

* * * * * 

(h) * * * 

(18) methyl 2-(1-(4-fluorobenzyl)-1Hindazole-3-carboxamido)-3- 

methylbutanoate, its optical, positional, 

and geometric isomers, salts and salts of 

isomers (Other names: FUB–AMB, 

MMB–FUBINACA, AMB–FUBINACA) 

(7021) 

* * * * * 

Dated: October 27, 2017. 

Robert W. Patterson, 

Acting Administrator. 

[FR Doc. 2017–24010 Filed 11–2–17; 8:45 am] 

BILLING CODE 4410–09–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2017–0979] 

Drawbridge Operation Regulation; 

Kent Island Narrows, Grasonville, MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of deviation from 

drawbridge regulation. 

SUMMARY: The Coast Guard has issued a 

temporary deviation from the operating 

schedule that governs the U.S. Route 50/ 

301 (Kent Narrows) Bridge across the 

Kent Island Narrows, mile 1.0, at 

Grasonville, MD. The deviation is 

necessary to facilitate a routine 

inspection. This deviation allows the 

bridge to remain in the closed-tonavigation position. 

DATES: This deviation is effective from 

9 a.m. on November 7, 2017, to 3 p.m. 

on November 9, 2017. 

ADDRESSES: The docket for this 

deviation [USCG–2017–0979] is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email Mr. Mickey 

Sanders, Bridge Administration Branch 

Fifth District, Coast Guard; telephone 

(757) 398–6587, email 

Mickey.D.Sanders2@uscg.mil. 

SUPPLEMENTARY INFORMATION: The 

Maryland State Highway 

Administration, owner and operator of 

the U.S. Route 50/301 (Kent Narrows) 

Bridge across the Kent Island Narrows, 

mile 1.0, at Grasonville, MD, has 

requested a temporary deviation from 

the current operating schedule to 

accommodate a routine inspection. The 

bridge has a vertical clearance of 18 feet 

above mean high water (MHW) in the 

closed position. 

The current operating schedule is set 

out in 33 CFR 117.561. Under this 

temporary deviation, the bridge will 

require 30 minutes advanced notice to 

open from 9 a.m. on November 7, 2017, 

to 3 p.m. on November 9, 2017. 

The Kent Island Narrows is used by 

a variety of vessels including small 

commercial vessels, recreational vessels 

and tug and barge traffic. The Coast 

Guard has carefully coordinated the 

restrictions with waterway users in 

publishing this temporary deviation. 

Vessels able to pass through the 

bridge in the closed position may do so 

if at least 15 minutes notice is given. 

The bridge will be able to open for 

emergencies and there is no immediate 

alternate route for vessels unable to pass 

through the bridge in the closed 

position. The Coast Guard will also 

inform the users of the waterways 

through our Local and Broadcast Notice 

to Mariners of the change in operating 

schedule for the bridge so that vessel 

operators can arrange their transits to 

minimize any impact caused by this 

temporary deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of this effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: October 31, 2017. 

Hal R. Pitts, 

Bridge Program Manager, Fifth Coast Guard 

District. 

[FR Doc. 2017–24028 Filed 11–2–17; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Parts 61 and 62 

RIN 2900–AQ07 

Homeless Veterans 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is amending its regulations 

that govern homeless veterans to 

conform to recent statutory 

requirements. VA is amending the 

definition of homeless veterans by 

including veterans who would 

otherwise be ineligible to receive certain 

benefits because of their length of 

service or type of discharge from the 

Armed Forces. This rule will also 

increase the payment of per diem in 

cases where homeless veterans are 

placed in transitional housing that will 

become permanent housing. This final 

rule is an essential part of VA’s attempts 

to eliminate homelessness among the 

veteran population. 

DATES: This final rule is effective 

December 4, 2017. 

FOR FURTHER INFORMATION CONTACT: Guy 

Liedke, guy.liedke@va.gov, Program 

Analyst, Grant/Per Diem Program, (673/ 

GPD), VA National Grant and Per Diem 

Program Office, 10770 N. 46th Street, 

Suite C–200, Tampa, FL 33617, (877) 

332–0334. (This is a toll-free number.) 

SUPPLEMENTARY INFORMATION: In an 

effort to reduce homelessness in the 

veteran population, Congress has 

required VA to expand its definition of 

veteran as it applies to benefits for 

homeless veterans. See Public Law 114– 

315, sec. 701, 702, and 703 (Dec. 16, 

2016). This new definition will remove 

restrictions on length of military service 

for a homeless veteran receiving certain 

benefits from VA, as well as authorize 

certain benefits for veterans with types 

of discharges from the Armed Forces 

that would normally bar an individual 

from receiving VA benefits. Congress 

also required VA to increase the per 

diem payments for transitional housing 

assistance that will become permanent 

housing for homeless veterans. See 

Public Law 114–315, sec. 711 (Dec. 16, 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 51159 

2016). This increase will compensate for 

the increase in operational costs 

associated with transitional housing 

assistance. This final rule amends VA’s 

Homeless Providers Grant and Per Diem 

Program regulations, at title 38 Code of 

Federal Regulations (CFR) sections 61.1, 

and 61.33, and Supportive Services for 

Veteran Families Program regulation at 

38 CFR 62.2, to accurately reflect these 

changes in law. 

61.1 Definitions 

Section 61.1 defines the terms that 

apply to the VA Homeless Providers 

Grant and Per Diem Program. VA 

defines the term veteran as ‘‘a person 

who served in the active military, naval, 

or air service, and who was discharged 

or released there from under conditions 

other than dishonorable.’’ We are 

amending the definition of veteran, as it 

applies to this part, to now state that a 

veteran is a person who served in the 

active military, naval, or air service, 

regardless of length of service, and who 

was discharged or released therefrom. 

The definition excludes a person who 

received a dishonorable discharge from 

the Armed Forces or was discharged or 

dismissed from the Armed Forces by 

reason of the sentence of a general 

court-martial. This definition will also 

incorporate section 703 of the Public 

Law by clarifying that ‘‘the length of 

service restrictions under 38 U.S.C. 

5303A do not apply.’’ VA similarly 

defines the term veteran in § 62.2 for the 

Supportive Services for Veteran 

Families Program (SSVF). We are 

amending the definition of veteran in 

§ 62.2, as it applies to part 62, to mirror 

the new definition of veteran in § 61.1. 

These amendments are made to 

implement sections 701, 702, and 703 of 

Public Law 114–315. 

61.33 Payment of Per Diem 

Section 61.33 provides for the 

payment of per diem for the VA 

Homeless Providers Grant and Per Diem 

Program. Paragraph (b) establishes the 

rate of payments for service to 

individual veterans. We are amending 

§ 61.33 to revise paragraph (b) 

introductory text and add a new 

paragraph (b)(3) to state that for a 

veteran who is placed in housing that 

will become permanent housing for that 

veteran on termination of supportive 

housing services, the rate of payment 

will be the lesser of 150 percent of the 

current VA state home program per 

diem rate for domiciliary care, as set by 

the Secretary under 38 U.S.C. 1741(a)(1) 

or the daily cost of care estimated 

pursuant to paragraph (b)(1) of the 

section. We are making these changes to 

implement section 711 of Public Law 

114–315. 

Administrative Procedure Act 

This final rule implements the 

mandates of sections 701, 702, 703 and 

711 of Public Law 114–315. Section 705 

of Public Law 114–315 mandates that 

VA have regulations in place to 

implement sections 701–704 of the law 

no later than 270 days after the 

enactment of the Public Law, which is 

September 12, 2017. Similarly, section 

706 states ‘‘This subtitle and the 

amendments made by this subtitle shall 

apply to individuals seeking benefits 

under chapter 20 of title 38, United 

States Code, before, on, and after the 

date of the enactment of this Act.’’ VA 

has been applying the mandates of the 

Public Law, to include section 711, 

since its enactment on December 16, 

2016, with no adverse impact and is 

merely codifying the Public Law into 

regulation. Accordingly, because this 

rule simply incorporates current 

statutory requirements, it is exempt 

from the prior notice-and-comment and 

delayed-effective-date requirements, in 

accordance with 5 U.S.C. 553(b)(3)(B) 

and 553(d)(3). 

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 guidance 

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 those small 

entities who seek to participate in the 

VA Homeless Providers Grant and Per 

Diem Program or SSVF. Therefore, 

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

rulemaking would be 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 

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://www.va.gov/orpm/, by 

following the link for ‘‘VA Regulations 

Published From FY 2004 Through Fiscal 

Year to Date.’’ 

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 


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51160 Federal Register / Vol. 82, No. 212 / Friday, November 3, 2017 / Rules and Regulations 

private sector, of $100 million or more 

(adjusted annually for inflation) in any 

one 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 program number and title for 

this final rule are as follows: 64.024 VA 

Homeless Providers Grant and Per Diem 

Program; 64.033 VA Supportive 

Services for Veteran Families Program. 

List of Subjects 

38 CFR Part 61 

Administrative practice and 

procedure, Alcohol abuse, Alcoholism, 

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, 

Reporting and recordkeeping 

requirements, Travel and transportation 

expenses, Veterans. 

38 CFR Part 62 

Administrative practice and 

procedure, Day care, Disability benefits, 

Government contracts, Grant 

programs—health, Grant programs— 

social services, Grant programs— 

transportation, Grant programs— 

veterans, Grants—housing and 

community development, Heath care, 

Homeless, Housing, Housing assistance 

payments, Indian—lands, Individuals 

with disabilities, Low and moderate 

income housing, Manpower training 

program, Medicare, Medicaid, Public 

assistance programs, Public housing, 

Relocation assistance, Rent subsidies, 

Reporting and recordkeeping 

requirements, Rural areas, Social 

security, Supplemental security income 

(SSI), Travel and transportation 

expenses, Unemployment 

compensation, Veterans. 

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. Gina 

S. Farrisee, Deputy Chief of Staff, 

Department of Veterans Affairs, 

approved this document on October 2, 

2017, for publication. 

Dated: October 31, 2017. 

Michael Shores, 

Director, Office of Regulation Policy & 

Management, Office of the Secretary, 

Department of Veterans Affairs. 

For the reasons set forth in the 

preamble, we are amending 38 CFR 

parts 61 and 62 as follows: 

PART 61—VA HOMELESS PROVIDERS 

GRANT AND PER DIEM PROGRAM 

■ 1. The authority citation for part 61 

continues to read as follows: 

Authority: 38 U.S.C. 501, 2001, 2002, 

2011, 2012, 2061, 2064. 

■ 2. Amend § 61.1 by revising the 

definition of ‘‘Veteran’’ to read as 

follows: 

§ 61.1 Definitions. 

* * * * * 

Veteran means a person who served 

in the active military, naval, or air 

service, regardless of length of service, 

and who was discharged or released 

therefrom. Veteran excludes a person 

who received a dishonorable discharge 

from the Armed Forces or was 

discharged or dismissed from the 

Armed Forces by reason of the sentence 

of a general court-martial. The length of 

service restrictions under 38 U.S.C. 

5303A do not apply. 

* * * * * 

■ 3. Amend § 61.33 by revising 

paragraph (b) introductory text and 

adding paragraph (b)(3) to read as 

follows: 

§ 61.33 Payment of per diem. 

* * * * * 

(b) Rate of payments for individual 

veterans. Except as provided in 

paragraph (b)(3) of this section, the rate 

of per diem for each veteran in 

supportive housing shall be the lesser 

of: 

* * * * * 

(3) For a veteran who is placed in 

housing that will become permanent 

housing for that veteran upon 

termination of supportive housing 

services, the rate of payment shall be the 

lesser of 150 percent of the current VA 

state home program per diem rate for 

domiciliary care, as set by the Secretary 

under 38 U.S.C. 1741(a)(1) or the daily 

cost of care estimated pursuant to 

paragraph (b)(1) of this section. 

* * * * * 

PART 62—SUPPORTIVE SERVICES 

FOR VETERAN FAMILIES PROGRAM 

■ 4. The authority citation for part 62 

continues to read as follows: 

Authority: 38 U.S.C. 501, 2044, and as 

noted in specific sections. 

■ 5. Amend § 62.2 by revising the 

definition of ‘‘Veteran’’ to read as 

follows: 

§ 62.2 Definitions. 

* * * * * 

Veteran means a person who served 

in the active military, naval, or air 

service, regardless of length of service, 

and who was discharged or released 

therefrom. Veteran excludes a person 

who received a dishonorable discharge 

from the Armed Forces or was 

discharged or dismissed from the 

Armed Forces by reason of the sentence 

of a general court-martial. The length of 

service restrictions under 38 U.S.C. 

5303A do not apply. 

* * * * * 

[FR Doc. 2017–23945 Filed 11–2–17; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Chapter I 

[FRL–9970–25–OP] 

Final Report on Review of Agency 

Actions That Potentially Burden the 

Safe, Efficient Development of 

Domestic Energy Resources Under 

Executive Order 13783 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final report; notification of 

availability. 

SUMMARY: The EPA is announcing the 

availability of its Final Report on 

Review of Agency Actions that 

Potentially Burden the Safe, Efficient 

Development of Domestic Energy 

Resources Under Executive Order 

13738. 

DATES: November 3, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Samantha Dravis, Office of Policy, Mail 

Code 1803–A, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue NW., Washington, DC 20460. 

Telephone: 202–564–4332; email 

address: PolicyOffice@epa.gov. 

SUPPLEMENTARY INFORMATION: On March 

28, 2017, President Trump signed 

Executive Order 13783, Promoting 

Energy Independence and Economic 

Growth. The Executive Order 

establishes a national policy to promote 

the clean and safe development of 

domestic energy resources while 

avoiding unnecessary regulatory 

burdens. It directs federal agencies to 

‘‘review all existing regulations, orders, 


jstallworth on DSKBBY8HB2PROD with RULES