Prescriptions in Alaska and U.S. Territories and Possessions, 6479-6481 [2016-02350]
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules
IV. Procedural Determinations
Executive Order 12866—Regulatory
Planning and Review
This rule is exempted from review by
the Office of Management and Budget
(OMB) under Executive Order 12866.
Other Laws and Executive Orders
Affecting Rulemaking
When a State submits a program
amendment to OSMRE for review, our
regulations at 30 CFR 732.17(h) require
us to publish a notice in the Federal
Register indicating receipt of the
proposed amendment, its text or a
summary of its terms, and an
opportunity for public comment. We
conclude our review of the proposed
amendment after the close of the public
comment period and determine whether
the amendment should be approved,
approved in part, or not approved. At
that time, we will also make the
determinations and certifications
required by the various laws and
executive orders governing the
rulemaking process and include them in
the final rule.
List of Subjects in 30 CFR Part 936
Intergovernmental relations, Surface
mining, Underground mining.
Dated: October 15, 2015.
Ervin J. Barchenger,
Regional Director, Mid-Continent Region.
Note: This document was received by the
Office the Federal Register on February 3,
2016.
[FR Doc. 2016–02463 Filed 2–5–16; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF THE INTERIOR
Office of Surface Mining Reclamation
and Enforcement
30 CFR Part 946
[SATS No. VA–127–FOR; Docket ID: OSM–
2015–0003; S1D1S SS08011000 SX064A000
67F 167S180110; S2D2S SS08011000
SX064A000 33F 16XS501520]
Virginia Regulatory Program
Office of Surface Mining
Reclamation and Enforcement, Interior.
ACTION: Proposed rule; reopening of the
public comment period.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
AGENCY:
We are reopening the public
comment period on the proposed
amendment to the Virginia regulatory
program (the Virginia program)
published on October 22, 2015. The
comment period is being reopened in
order to afford the public more time to
comment. Virginia is proposing to revise
SUMMARY:
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16:26 Feb 05, 2016
Jkt 238001
its regulations in light of legislative
changes made by the General Assembly
of Virginia. If approved, the proposed
amendment would incorporate these
legislative changes into the approved
State program. Additionally, the state
regulations would be amended to revise
the language of the public participation
regulations to clarify proof of
publication, remove the self-bonding
instrument, and remove duplicate pool
bond regulations already addressed
under the Code of Virginia.
DATES: We will accept written
comments on this amendment until 4:00
p.m., Eastern Standard Time (E.S.T.),
March 9, 2016.
ADDRESSES: You may submit comments,
identified by SATS No. VA–127–FOR,
Docket ID: OSM–2015–003 by any of the
following methods:
• Mail/Hand Delivery: Mr. Earl
Bandy, Field Office Director, Knoxville
Field Office, Office of Surface Mining
Reclamation and Enforcement, 710
Locust Street, 2nd Floor, Knoxville,
Tennessee 37902.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. For
detailed instructions on submitting
comments and additional information
on the rulemaking process, see the
‘‘Public Comment Procedures’’ heading
of the SUPPLEMENTARY INFORMATION
section of the proposed rule published
in the Federal Register on October 22,
2015, (80 FR 63933).
Docket: For access to the docket to
review copies of the Virginia program,
this amendment, a listing of any
scheduled public hearings, and all
written comments received in response
to this document, you must go to the
address listed below during normal
business hours, Monday through Friday,
excluding holidays. You may receive
one free copy of the amendment by
contacting OSMRE’s Knoxville Field
Office or the full text of the program
amendment is available for you to read
at www.regulations.gov.
Mr. Earl Bandy, Field Office Director,
Knoxville Field Office, Office of
Surface Mining Reclamation and
Enforcement, 710 Locust Street, 2nd
Floor, Knoxville, Tennessee 37902.
Telephone: (865) 545–4103 ext 186.
Email: ebandy@osmre.gov.
In addition, you may review a copy of
the amendment during regular business
hours at the following location: Mr.
Harve A. Mooney, Legal Services
Officer, Virginia Department of Mines,
Minerals and Energy, 3405 Mountain
PO 00000
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Fmt 4702
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6479
Empire Road, Big Stone Gap, Virginia
24219. Telephone: (276) 523–8271.
Email: harve.mooney@
dmme.virginia.gov.
Mr.
Earl Bandy, Field Office Director,
Knoxville Field Office. Telephone: (865)
545–4103 ext 186. Email: ebandy@
osmre.gov.
FOR FURTHER INFORMATION CONTACT:
On
October 22, 2015, we published a
proposed rule in the Federal Register
that would revise the Virginia program
(80 FR 63933) (Administrative Record
No. VA 2026). The amendment involves
statutory provisions of the Virginia Coal
Surface Mining Control and
Reclamation Act of 1979 (VASMCRA)
and regulation changes that revise the
language of the public participation
regulations to clarify proof of
publication, remove the self-bonding
instrument, and remove duplicate pool
bond regulations already addressed
under the Code of Virginia.
On November 18, 2015, we received
a request from an attorney representing
Southern Appalachian Mountain
Stewards and the Sierra Club to extend
the public comment period
(Administrative Record No. VA 2027).
We are granting the request to afford the
public more time to comment on the
amendment.
The full text of the program
amendment is available for you to read
at the locations listed above under
ADDRESSES or at www.regulations.gov.
SUPPLEMENTARY INFORMATION:
Dated: December 9, 2015.
Thomas D. Shope,
Regional Director, Appalachian Region.
[FR Doc. 2016–02460 Filed 2–5–16; 8:45 am]
BILLING CODE 4310–05–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP42
Prescriptions in Alaska and U.S.
Territories and Possessions
Department of Veterans Affairs.
Proposed rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is proposing to remove its
medical regulation that governs
medications provided in Alaska and
territories and possessions of the United
States because this regulation is
otherwise subsumed by another VA
medical regulation related to provision
of medications that are prescribed by
non-VA providers.
SUMMARY:
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6480
Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules
Comments must be received by
VA on or before April 8, 2016.
ADDRESSES: Written comments may be
submitted: By mail or hand-delivery to
Director, Regulations Management
(02REG), Department of Veterans
Affairs, 810 Vermont Avenue NW.,
Room 1068, Washington, DC 20420; by
fax to (202) 273–9026; or through https://
www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900—[WP2013–
04]—Prescriptions in Alaska and U.S.
Territories and Possessions.’’ All
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Call (202) 461–
4902 for an appointment. (This is not a
toll-free number.) In addition during the
comment period, comments may be
viewed online through the Federal
Docket Management System at https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kristin J. Cunningham, Director,
Business Policy, Chief Business Office
(10NB6), Veterans Health
Administration, Department of Veterans
Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420; (202) 382–2508.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Under
section 1712(d) of title 38 United States
Code (U.S.C.), VA must furnish
medications to veterans who receive
increased compensation or pension
benefits by reason of being permanently
housebound or in need of regular aid
and attendance, if such medications are
prescribed for the treatment of any
injury or illness suffered by such
veteran. Section 1712(d) is distinct from
the more general authority under 38
U.S.C. 1710 to provide medications to
veterans as hospital care and medical
services; veterans under section 1712(d)
do not have to be receiving VA hospital
care or medical services as a condition
of VA furnishing medications to treat
their injury or illness. VA originally
promulgated two regulations on October
4, 1967, to implement section 1712(d),
in title 38 Code of Federal Regulations
(CFR) 17.60d and 17.60e. See 32 FR
13816. Because section 1712(d) does not
require these certain veterans to be
receiving VA hospital care or medical
services as a condition of receiving
medications from VA, § 17.60d provided
that VA pharmacies would fill
prescriptions for these veterans if such
prescriptions were ‘‘not part of
authorized Veterans Administration
hospital or outpatient care,’’ and were
‘‘ordered by a private or non-VA’’
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DATES:
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Jkt 238001
provider, and if the medications were
‘‘prescribed as specific therapy in the
treatment of any of the veteran’s
illnesses or injuries.’’ See 32 FR 13816
(October 4, 1967). Section 17.60e, in
turn, addressed geographic areas that, at
the time, did not have VA pharmacies—
§ 17.60e provided that in those areas
without VA pharmacies, VA may
reimburse the cost of prescriptions that
otherwise would have been filled under
§ 17.60d. See 32 CFR 13816 (October 4,
1967). The intent of § 17.60e was to
supplement § 17.60d, to ensure that
eligible veterans under section 1712(d)
and § 17.60d were able to have their
medications furnished by VA, even if
such veterans lived in Alaska and
territories and possessions of the U.S.
where there were no VA pharmacies.
Sections 17.60d and 17.60e were
renumbered as §§ 17.96 and 17.97,
respectively, and § 17.97 was further
revised at that time to remove reference
to the former § 17.60d and to insert a
reference to the relevant section 1712
authority. See 61 FR 21964 (May 13,
1996). Section 17.96 was later revised to
permit the filling of prescriptions by
non-VA pharmacies in state homes
under contract with VA. 63 FR 37779
(July 14, 1998). Sections 17.96 and 17.97
relate to the same cohort of veterans for
whom VA is authorized to provide
prescription medication under section
1712(d), and § 17.97 was intended to
supplement § 17.96, although the
supplementing effect of § 17.97 is not as
apparent as when these regulations were
first promulgated as §§ 17.60d and
17.60e. Because the same cohort of
veterans is at issue in §§ 17.96 and
17.97, and because § 17.96 already
provides for the filling of prescriptions
in non-VA pharmacies, a separate
§ 17.97 to address prescriptions in nonVA pharmacies (pharmacies in areas
without VA pharmacies) is no longer
necessary. We would, therefore, remove
§ 17.97 and mark it reserved for future
use, and would revise § 17.96 to clarify
that any non-VA pharmacy under
contract with VA may be used, not just
those non-VA pharmacies in state
homes.
Effect of Rulemaking
The Code of Federal Regulations, as
proposed to be revised by this
rulemaking, would represent the
exclusive legal authority on this subject.
No contrary rules or procedures would
be authorized. All VA guidance would
be read to conform with this proposed
rulemaking if possible or, if not
possible, such guidance would be
superseded by this rulemaking.
PO 00000
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Fmt 4702
Sfmt 4702
Paperwork Reduction Act
This proposed 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 proposed 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
proposed rule would directly affect only
individuals and would not directly
affect small entities. Therefore, pursuant
to 5 U.S.C. 605(b), this amendment
would be exempt from the initial and
final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604.
Executive Order 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) 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 proposed rule have
been examined, and it has been
determined not to be a significant
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Federal Register / Vol. 81, No. 25 / Monday, February 8, 2016 / Proposed Rules
regulatory action under Executive Order
12866. VA’s impact analysis can be
found as a supporting document at
https://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 https://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
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This proposed rule would
have no such effect on State, local, and
tribal governments, or on the private
sector.
asabaliauskas on DSK5VPTVN1PROD with PROPOSALS
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers and titles for the
programs affected by this document 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; 64.014,
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.
Robert D. Snyder, Interim Chief of Staff,
Department of Veterans Affairs,
approved this document on January 29,
2016, for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug
abuse, Health care, Health facilities,
Health professions, Health records,
Homeless, Mental health programs,
Nursing homes, Veterans.
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16:26 Feb 05, 2016
Jkt 238001
Dated: February 2, 2016.
William F. Russo,
Director, Office of Regulation Policy &
Management, Office of the General Counsel,
Department of Veterans Affairs.
6481
compounds (VOCs) from pesticides. We
are proposing to approve these rules to
regulate these emission sources under
the Clean Air Act (CAA or the Act). We
are taking comments on this proposal
and plan to follow with a final action.
For the reasons set forth in the
preamble, we propose to amend 38 CFR
part 17 as follows:
DATES:
PART 17—MEDICAL
ADDRESSES:
1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
2. Amend § 17.96 by revising the
introductory paragraph to read as
follows:
■
§ 17.96 Medication prescribed by non-VA
physicians.
Any prescription, which is not part of
authorized Department of Veterans
Affairs hospital or outpatient care, for
drugs and medicines ordered by a
private or non-Department of Veterans
Affairs doctor of medicine or doctor of
osteopathy duly licensed to practice in
the jurisdiction where the prescription
is written, shall be filled by a
Department of Veterans Affairs
pharmacy or a non-VA pharmacy under
contract with VA, to include non-VA
pharmacy in a state home under
contract with VA for filling
prescriptions for patients in state
homes, provided:
*
*
*
*
*
[§ 17.97
Removed and Reserved]
3. Remove § 17.97 and mark as
reserved for future use.
■
[FR Doc. 2016–02350 Filed 2–5–16; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2015–0807; FRL–9941–94–
Region 9]
Approval of California Air Plan
Revisions, Department of Pesticide
Regulations
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
revisions to the California Department
of Pesticide Regulations (CDPR) portion
of the California State Implementation
Plan (SIP). These revisions concern
emissions of volatile organic
SUMMARY:
PO 00000
Frm 00020
Fmt 4702
Sfmt 4702
Any comments must arrive by
March 9, 2016.
Submit your comments,
identified by Docket ID No. EPA–R09–
OAR–2015–0807 at https://
www.regulations.gov, or via email to
Steckel.Andrew@epa.gov. For comments
submitted at Regulations.gov, follow the
online instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. For either manner of
submission, the EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
For the full EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Nancy Levin, EPA Region IX, (415) 972–
3848, levin.nancy@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. The State’s Submittal
A. What rules did the State submit?
B. Are there other versions of these rules?
C. What is the purpose of the submitted
rules and rule revisions?
II. The EPA’s Evaluation and Action
A. How is the EPA evaluating the rules?
B. Do the rules meet the evaluation
criteria?
C. EPA Recommendations To Further
Improve the Rules
D. Public Comment and Proposed Action
III. Incorporation by reference
IV. Statutory and Executive Order Reviews
E:\FR\FM\08FEP1.SGM
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Agencies
[Federal Register Volume 81, Number 25 (Monday, February 8, 2016)]
[Proposed Rules]
[Pages 6479-6481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02350]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 17
RIN 2900-AP42
Prescriptions in Alaska and U.S. Territories and Possessions
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is proposing to remove
its medical regulation that governs medications provided in Alaska and
territories and possessions of the United States because this
regulation is otherwise subsumed by another VA medical regulation
related to provision of medications that are prescribed by non-VA
providers.
[[Page 6480]]
DATES: Comments must be received by VA on or before April 8, 2016.
ADDRESSES: Written comments may be submitted: By mail or hand-delivery
to Director, Regulations Management (02REG), Department of Veterans
Affairs, 810 Vermont Avenue NW., Room 1068, Washington, DC 20420; by
fax to (202) 273-9026; or through https://www.Regulations.gov. Comments
should indicate that they are submitted in response to ``RIN 2900--
[WP2013-04]--Prescriptions in Alaska and U.S. Territories and
Possessions.'' All comments received will be available for public
inspection in the Office of Regulation Policy and Management, Room
1063B, between the hours of 8 a.m. and 4:30 p.m., Monday through Friday
(except holidays). Call (202) 461-4902 for an appointment. (This is not
a toll-free number.) In addition during the comment period, comments
may be viewed online through the Federal Docket Management System at
https://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT: Kristin J. Cunningham, Director,
Business Policy, Chief Business Office (10NB6), Veterans Health
Administration, Department of Veterans Affairs, 810 Vermont Ave. NW.,
Washington, DC 20420; (202) 382-2508. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: Under section 1712(d) of title 38 United
States Code (U.S.C.), VA must furnish medications to veterans who
receive increased compensation or pension benefits by reason of being
permanently housebound or in need of regular aid and attendance, if
such medications are prescribed for the treatment of any injury or
illness suffered by such veteran. Section 1712(d) is distinct from the
more general authority under 38 U.S.C. 1710 to provide medications to
veterans as hospital care and medical services; veterans under section
1712(d) do not have to be receiving VA hospital care or medical
services as a condition of VA furnishing medications to treat their
injury or illness. VA originally promulgated two regulations on October
4, 1967, to implement section 1712(d), in title 38 Code of Federal
Regulations (CFR) 17.60d and 17.60e. See 32 FR 13816. Because section
1712(d) does not require these certain veterans to be receiving VA
hospital care or medical services as a condition of receiving
medications from VA, Sec. 17.60d provided that VA pharmacies would
fill prescriptions for these veterans if such prescriptions were ``not
part of authorized Veterans Administration hospital or outpatient
care,'' and were ``ordered by a private or non-VA'' provider, and if
the medications were ``prescribed as specific therapy in the treatment
of any of the veteran's illnesses or injuries.'' See 32 FR 13816
(October 4, 1967). Section 17.60e, in turn, addressed geographic areas
that, at the time, did not have VA pharmacies--Sec. 17.60e provided
that in those areas without VA pharmacies, VA may reimburse the cost of
prescriptions that otherwise would have been filled under Sec. 17.60d.
See 32 CFR 13816 (October 4, 1967). The intent of Sec. 17.60e was to
supplement Sec. 17.60d, to ensure that eligible veterans under section
1712(d) and Sec. 17.60d were able to have their medications furnished
by VA, even if such veterans lived in Alaska and territories and
possessions of the U.S. where there were no VA pharmacies.
Sections 17.60d and 17.60e were renumbered as Sec. Sec. 17.96 and
17.97, respectively, and Sec. 17.97 was further revised at that time
to remove reference to the former Sec. 17.60d and to insert a
reference to the relevant section 1712 authority. See 61 FR 21964 (May
13, 1996). Section 17.96 was later revised to permit the filling of
prescriptions by non-VA pharmacies in state homes under contract with
VA. 63 FR 37779 (July 14, 1998). Sections 17.96 and 17.97 relate to the
same cohort of veterans for whom VA is authorized to provide
prescription medication under section 1712(d), and Sec. 17.97 was
intended to supplement Sec. 17.96, although the supplementing effect
of Sec. 17.97 is not as apparent as when these regulations were first
promulgated as Sec. Sec. 17.60d and 17.60e. Because the same cohort of
veterans is at issue in Sec. Sec. 17.96 and 17.97, and because Sec.
17.96 already provides for the filling of prescriptions in non-VA
pharmacies, a separate Sec. 17.97 to address prescriptions in non-VA
pharmacies (pharmacies in areas without VA pharmacies) is no longer
necessary. We would, therefore, remove Sec. 17.97 and mark it reserved
for future use, and would revise Sec. 17.96 to clarify that any non-VA
pharmacy under contract with VA may be used, not just those non-VA
pharmacies in state homes.
Effect of Rulemaking
The Code of Federal Regulations, as proposed to be revised by this
rulemaking, would represent the exclusive legal authority on this
subject. No contrary rules or procedures would be authorized. All VA
guidance would be read to conform with this proposed rulemaking if
possible or, if not possible, such guidance would be superseded by this
rulemaking.
Paperwork Reduction Act
This proposed 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 proposed 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 proposed rule would directly affect only
individuals and would not directly affect small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this amendment would be exempt from the
initial and final regulatory flexibility analysis requirements of 5
U.S.C. 603 and 604.
Executive Order 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) 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 proposed rule have been examined, and it has been
determined not to be a significant
[[Page 6481]]
regulatory action under Executive Order 12866. VA's impact analysis can
be found as a supporting document at https://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 https://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
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would 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 document 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; 64.014, 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. Robert D.
Snyder, Interim Chief of Staff, Department of Veterans Affairs,
approved this document on January 29, 2016, for publication.
List of Subjects in 38 CFR Part 17
Administrative practice and procedure, Alcohol abuse, Alcoholism,
Claims, Day care, Dental health, Drug abuse, Health care, Health
facilities, Health professions, Health records, Homeless, Mental health
programs, Nursing homes, Veterans.
Dated: February 2, 2016.
William F. Russo,
Director, Office of Regulation Policy & Management, Office of the
General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, we propose to amend 38
CFR part 17 as follows:
PART 17--MEDICAL
0
1. The authority citation for part 17 continues to read as follows:
Authority: 38 U.S.C. 501, and as noted in specific sections.
0
2. Amend Sec. 17.96 by revising the introductory paragraph to read as
follows:
Sec. 17.96 Medication prescribed by non-VA physicians.
Any prescription, which is not part of authorized Department of
Veterans Affairs hospital or outpatient care, for drugs and medicines
ordered by a private or non-Department of Veterans Affairs doctor of
medicine or doctor of osteopathy duly licensed to practice in the
jurisdiction where the prescription is written, shall be filled by a
Department of Veterans Affairs pharmacy or a non-VA pharmacy under
contract with VA, to include non-VA pharmacy in a state home under
contract with VA for filling prescriptions for patients in state homes,
provided:
* * * * *
[Sec. 17.97 Removed and Reserved]
0
3. Remove Sec. 17.97 and mark as reserved for future use.
[FR Doc. 2016-02350 Filed 2-5-16; 8:45 am]
BILLING CODE 8320-01-P