Dental Care-Provision of One-Time Outpatient Dental Care for Certain Veterans, 58875-58876 [E8-23771]

Download as PDF 58875 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations of the direct final rule on October 15, 2008. The comment interpreted the proposed change as being only prospectively applied to new models undergoing test procedures on or after the effective date of the proposed change. FDA agrees that the proposed change applies only to new hearing aid models undergoing characterization on or after the effective date of October 15, 2008; hearing aid models tested prior to this date are subject only to the characterization standard cited in the regulation at the time they were tested. Authority: Therefore, under the Federal Food, Drug, and Cosmetic Act and the Public Health Service Act, and under authority delegated to the Commissioner of Food and Drugs, the amendments issued thereby become effective on October 15, 2008. Dated: October 2, 2008. Jeffrey Shuren, Associate Commissioner for Policy and Planning. [FR Doc. E8–23717 Filed 10–7–08; 8:45 am] BILLING CODE 4160–01–S ACTION: MMS–4058 are correctly identified as shown below in the table at § 210.10. Correcting amendment. SUMMARY: The MMS published a final rule in the Federal Register on Wednesday, March 26, 2008 (73 FR 15885), announcing amendments to existing regulations for reporting production and royalties on oil, gas, coal and other solid minerals, and geothermal resources produced from Federal and Indian leases. This docutment corrects the final rule, which contained a clerical error in the tables identifying OMB-approved information collections and their corresponding forms. Effective Date: Effective on October 8, 2008. DATES: Minerals Management Service [Docket No. MMS–2008–MRM–0021] 30 CFR Part 210 RIN 1010–AD20 Reporting Amendments Minerals Management Service (MMS), Interior. AGENCY: Hyla Hurst, Regulatory Specialist, Minerals Management Service, Minerals Revenue Management, P.O. Box 25165, MS 302B2, Denver, Colorado 80225; telephone (303) 231–3495; or e-mail Hyla.Hurst@mms.gov. FOR FURTHER INFORMATION CONTACT: A final rule was published in the Federal Register on March 26, 2008 (73 FR 15885) containing a clerical error in the preamble and the regulatory text in the tables listing OMB-approved information collections. The forms approved under OMB Control Number 1010–0139 were incorrectly identified on page 15889 in the preamble and page 15893 in the regulatory text. Both tables contain the same error. Form MMS– 4054 (Parts A, B, and C) and Form OMB Control No. and short title Coal, Solid minerals, Continental Shelf, Electronic funds transfers, Geothermal energy, Government contracts, Indian lands, Mineral royalties, Natural gas, Penalties, Petroleum, Oil and gas, Public lands— mineral resources, Reporting and recordkeeping requirements. Accordingly, 30 CFR Part 210 is corrected by making the following amendments: ■ PART 210—FORMS AND REPORTS SUPPLEMENTARY INFORMATION: DEPARTMENT OF THE INTERIOR List of Subjects in 30 CFR Part 210 1. The authority citation for part 210 continues to read as follows: ■ Authority: 5 U.S.C. 301 et. seq. ; 25 U.S.C. 396, 2107; 30 U.S.C. 189, 190, 359, 1023, 1751(a); 31 U.S.C. 3716, 9701; 43 U.S.C. 1334, 1801 et. seq. ; and 44 U.S.C. 3506(a). 2. In § 210.10, the table is amended by revising the entry for OMB number 1010–0139 to read as follows: ■ § 210.10 What are the OMB-approved information collections? * * * * * Form or information collected * * 1010–0139, 30 CFR Parts 210 and 216, Production Accounting. * * * * Form MMS–4054 (Parts A, B, and C), Oil and Gas Operations Report. * Form MMS–4058, Production Allocation Schedule Report. * * * Dated: September 30, 2008. C. Stephen Allred, Assistant Secretary for Land and Minerals Management. [FR Doc. E8–23788 Filed 10–7–08; 8:45 am] * * DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900–AM95 BILLING CODE 4310–MR–P dwashington3 on PRODPC61 with RULES Dental Care—Provision of One-Time Outpatient Dental Care for Certain Veterans * * eligible veterans following discharge or release from active duty. In section 1709 of Public Law 110–181, the National Defense Authorization Act for Fiscal Year 2008, Congress amended the eligibility criteria for the one-time dental treatment benefit. This rule is necessary to incorporate the statutory amendments into VA regulations. Effective Date: October 8, 2008. AGENCY: DATES: ACTION: FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Director, Business Policy, Chief Business Office (163), Veterans Health Administration, Department of Veterans Affairs, 810 Department of Veterans Affairs. Final rule. SUMMARY: The Department of Veterans Affairs (VA) is amending its regulations regarding the authority to provide onetime outpatient dental treatment to VerDate Aug<31>2005 14:27 Oct 07, 2008 Jkt 217001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\08OCR1.SGM 08OCR1 58876 Federal Register / Vol. 73, No. 196 / Wednesday, October 8, 2008 / Rules and Regulations Vermont Avenue, NW., Washington, DC 20420, (202) 254–0384. SUPPLEMENTARY INFORMATION: Public Law 110–181 amended 38 U.S.C. 1712(a)(1)(B)(iii) concerning the period after discharge or release from activity duty that a veteran may apply for VA’s one-time dental benefit. Under former law, veterans could apply within 90 days after such discharge or release. Under amended section 1712, veterans may apply for the benefit within 180 days after discharge or release from active duty. Congress also amended section 1712 to prescribe the 180-day application period for veterans who reentered active duty within 90 days after their prior discharge or release from active duty. Additionally, Congress prescribed the 180-day application period for veterans who have had a disqualifying discharge or release corrected by a competent authority. This document amends 38 CFR 17.161(b), to conform to the amendments made by Public Law 110–181. 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 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. Administrative Procedure Act This final rule merely restates or interprets statutory provisions. Accordingly, it is exempt from the prior notice-and-comment and delayedeffective-date requirements of 5 U.S.C. 553. 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 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. This final rule directly affects only individuals and does not directly affect small entities. 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 sections 603 and 604. Unfunded Mandates The Unfunded Mandates Reform Act 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 an 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 given year. This amendment would have no such effect on State, local, and tribal governments, or the private sector. dwashington3 on PRODPC61 with RULES Paperwork Reduction Act This document contains no collections of information under the Paperwork Reduction Act (44 U.S.C. 3501–3521). 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 ‘‘significant regulatory action,’’ requiring review by the Office of Management and Budget (OMB) unless OMB waives such review, VerDate Aug<31>2005 14:27 Oct 07, 2008 Jkt 217001 Catalog of Federal Domestic Assistance Numbers The Catalog of Federal Domestic Assistance titles and numbers for the programs affected by this document are 64.005, Grants to States for Construction of State Home Facilities; 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; 64.016, Veterans State Hospital Care; 64.108, Sharing Specialized Medical Resources; 64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based Primary Care; 64.024, VA PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Homeless Providers Grant and Per Diem Program; and 64.026, Veterans State Adult Day Health Care. 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: August 26, 2008. Gordon H. Mansfield, Deputy Secretary of Veterans Affairs. For the reasons set forth 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, 1721, and as stated in specific sections. 2. In § 17.161, revise paragraphs (b)(1)(i)(B) and (b)(1)(ii) and (iii) to read as follows: ■ § 17.161 Authorization of outpatient dental treatment. * * * * * (b) * * * (1) * * * (i) * * * (B) Application for treatment is made within 180 days after such discharge or release. * * * * * (ii) Those veterans discharged from their final period of service after August 12, 1981, who had reentered active military service within 90 days after the date of a discharge or release from a prior period of active military service, may apply for treatment of serviceconnected noncompensable dental conditions relating to any such periods of service within 180 days from the date of their final discharge or release. (iii) If a disqualifying discharge or release has been corrected by competent authority, application may be made within 180 days after the date of correction. * * * * * [FR Doc. E8–23771 Filed 10–7–08; 8:45 am] BILLING CODE 8320–01–P E:\FR\FM\08OCR1.SGM 08OCR1

Agencies

[Federal Register Volume 73, Number 196 (Wednesday, October 8, 2008)]
[Rules and Regulations]
[Pages 58875-58876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23771]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AM95


Dental Care--Provision of One-Time Outpatient Dental Care for 
Certain Veterans

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
regulations regarding the authority to provide one-time outpatient 
dental treatment to eligible veterans following discharge or release 
from active duty. In section 1709 of Public Law 110-181, the National 
Defense Authorization Act for Fiscal Year 2008, Congress amended the 
eligibility criteria for the one-time dental treatment benefit. This 
rule is necessary to incorporate the statutory amendments into VA 
regulations.

DATES: Effective Date: October 8, 2008.

FOR FURTHER INFORMATION CONTACT: Tony Guagliardo, Director, Business 
Policy, Chief Business Office (163), Veterans Health Administration, 
Department of Veterans Affairs, 810

[[Page 58876]]

Vermont Avenue, NW., Washington, DC 20420, (202) 254-0384.

SUPPLEMENTARY INFORMATION: Public Law 110-181 amended 38 U.S.C. 
1712(a)(1)(B)(iii) concerning the period after discharge or release 
from activity duty that a veteran may apply for VA's one-time dental 
benefit. Under former law, veterans could apply within 90 days after 
such discharge or release. Under amended section 1712, veterans may 
apply for the benefit within 180 days after discharge or release from 
active duty. Congress also amended section 1712 to prescribe the 180-
day application period for veterans who reentered active duty within 90 
days after their prior discharge or release from active duty. 
Additionally, Congress prescribed the 180-day application period for 
veterans who have had a disqualifying discharge or release corrected by 
a competent authority. This document amends 38 CFR 17.161(b), to 
conform to the amendments made by Public Law 110-181.

Administrative Procedure Act

    This final rule merely restates or interprets statutory provisions. 
Accordingly, it is exempt from the prior notice-and-comment and 
delayed-effective-date requirements of 5 U.S.C. 553.

Unfunded Mandates

    The Unfunded Mandates Reform Act 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 an 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 given year. 
This amendment would have no such effect on State, local, and tribal 
governments, or the private sector.

Paperwork Reduction Act

    This document contains no collections of information under the 
Paperwork Reduction Act (44 U.S.C. 3501-3521).

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 ``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 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.

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 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. This final rule 
directly affects only individuals and does not directly affect small 
entities. 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 sections 603 and 604.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance titles and numbers for 
the programs affected by this document are 64.005, Grants to States for 
Construction of State Home Facilities; 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; 64.016, Veterans State Hospital Care; 
64.108, Sharing Specialized Medical Resources; 64.019, Veterans 
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based 
Primary Care; 64.024, VA Homeless Providers Grant and Per Diem Program; 
and 64.026, Veterans State Adult Day Health Care.

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: August 26, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.


0
For the reasons set forth in the preamble, VA amends 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, 1721, and as stated in specific 
sections.


0
2. In Sec.  17.161, revise paragraphs (b)(1)(i)(B) and (b)(1)(ii) and 
(iii) to read as follows:


Sec.  17.161  Authorization of outpatient dental treatment.

* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) Application for treatment is made within 180 days after such 
discharge or release.
* * * * *
    (ii) Those veterans discharged from their final period of service 
after August 12, 1981, who had reentered active military service within 
90 days after the date of a discharge or release from a prior period of 
active military service, may apply for treatment of service-connected 
noncompensable dental conditions relating to any such periods of 
service within 180 days from the date of their final discharge or 
release.
    (iii) If a disqualifying discharge or release has been corrected by 
competent authority, application may be made within 180 days after the 
date of correction.
* * * * *
 [FR Doc. E8-23771 Filed 10-7-08; 8:45 am]
BILLING CODE 8320-01-P