Expansion of State Home Care for Parents of a Child Who Died While Serving in the Armed Forces, 52274-52275 [2011-21292]
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations
each paragraph and adding, in each
place a period.
■ b. In paragraph (f)(6), removing ‘‘; or’’
and adding, in its place, a period.
■ c. Adding paragraph (f)(8).
The addition reads as follows:
Affairs 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.
2. Amend § 17.36 by:
a. In paragraph (a)(3), removing ‘‘, or
any’’ and adding, in its place, ‘‘(the
period between August 2, 1990, and
November 11, 1998), or any’’.
■ b. In paragraph (b)(3), removing
‘‘Purple Heart’’ and adding, in its place,
‘‘Medal of Honor or Purple Heart’’.
■ c. In paragraph (b)(6), removing ‘‘, or
for any’’ and adding, in its place, ‘‘(the
period between August 2, 1990, and
November 11, 1998), or for any’’.
■ 3. Amend § 17.108 by:
■ a. In paragraphs (d)(1) through (8),
removing the semicolons at the end of
each paragraph and adding, in each
place, a period.
■ b. In paragraph (d)(9), removing ‘‘; or’’
at the end of the paragraph and adding,
in its place, a period;
■ c. Adding paragraph (d)(11).
■ d. Revising the authority citation at
the end of the section.
The addition and revision read as
follows:
■
■
§ 17.108 Copayments for inpatient hospital
care and outpatient medical care.
*
*
*
*
*
(d) * * *
(11) A veteran who VA determines to
be catastrophically disabled, as defined
in 38 CFR 17.36(e).
*
*
*
*
*
(Authority: 38 U.S.C. 501, 1710, 1730A)
4. Amend § 17.110 by:
a. In paragraphs (c)(1) through (6),
removing the semicolons at the end of
each paragraph and adding, in each
place, a period.
■ b. In paragraph (c)(7), removing ‘‘;
and’’ and adding, in its place, a period.
■ c. Adding paragraph (c)(9).
■ d. Revising the authority citation at
the end of the section.
The addition and revision read as
follows:
■
■
§ 17.110
Copayments for medication.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(c) * * *
(9) A veteran who VA determines to
be catastrophically disabled, as defined
in 38 CFR 17.36(e).
(Authority: 38 U.S.C. 501, 1710, 1720D,
1722A, 1730A)
5. Amend § 17.111 by:
a. In paragraphs (f)(1) through (f)(5),
removing the semicolons at the end of
■
■
VerDate Mar<15>2010
17:10 Aug 19, 2011
Jkt 223001
§ 17.111 Copayments for extended care
services.
*
*
*
*
*
(f) * * *
(8) A veteran who VA determines to
be catastrophically disabled, as defined
in 38 CFR 17.36(e), is exempt from
copayments for adult day health care,
non-institutional respite care, and noninstitutional geriatric care.
*
*
*
*
*
[FR Doc. 2011–21291 Filed 8–19–11; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 51
RIN 2900–AN96
Expansion of State Home Care for
Parents of a Child Who Died While
Serving in the Armed Forces
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This document amends
Department of Veterans Affairs (VA)
regulations concerning the payment of
per diem to a State for providing
nursing home care to eligible veterans.
The amendments remove a restriction
on VA’s payment of per diem, which
required all non-veteran residents of a
State home to be spouses of veterans, or
parents of veterans all of whose children
died while serving in the Armed Forces
of the United States. Under this final
rule, non-veteran residents of the State
home must be spouses of veterans, or
parents of veterans any of whose
children died while serving in the
Armed Forces.
DATES: Effective Date: This final rule is
effective August 22, 2011.
FOR FURTHER INFORMATION CONTACT:
Nancy Quest, Chief, State Veterans
Home Clinical & Survey Oversight,
Geriatrics and Extended Care Services
(114), Veterans Health Administration,
Department of Veterans Affairs, 810
Vermont Avenue, NW., Washington, DC
20420, (202) 461–6064. (This is not a
toll free number.)
SUPPLEMENTARY INFORMATION: Under
current 38 CFR 51.210(d), VA pays per
diem to a State for providing nursing
home care to eligible veterans in a State
home if, among other things, all nonSUMMARY:
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
veteran residents of the home are
spouses of veterans or parents of
veterans all of whose children died
while serving in the Armed Forces of
the United States. In Public Law 111–
246, Congress mandated that VA
administer § 51.210(d) to permit a State
home to provide services to ‘‘a nonveteran any of whose children died
while serving in the Armed Forces.’’
This final rule implements Public Law
111–246 by amending § 51.210(d) to
incorporate the language mandated by
Congress. As amended, § 51.210(d)
allows States to admit parents, ‘‘any’’ of
whose children died while serving in
the Armed Forces, to State homes
without affecting VA per diem
payments to States for care provided to
veterans.
Effect of Rulemaking
Title 38, Code of Federal Regulations,
as revised by this final rule, represents
VA’s implementation of its exclusive
legal authority on this subject. Other
than future amendments to this
regulation or governing statute or public
law, 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.
Administrative Procedure Act
These amendments incorporate a
specific program requirement mandated
by Congress. Accordingly, this rule is
exempt from the prior notice-andcomment and delayed-effective-date
requirements of 5 U.S.C. 553.
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
E:\FR\FM\22AUR1.SGM
22AUR1
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Rules and Regulations
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.
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
expenditure by State, local, or Tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
given year. This final rule would have
no such effect on State, local, or Tribal
governments, or on the private sector.
mstockstill on DSK4VPTVN1PROD with RULES
Paperwork Reduction Act
This document contains no provisions
constituting a collection of information
under the Paperwork Reduction Act (44
U.S.C. 3501–3520).
Regulatory Flexibility Act
The initial and final regulatory
flexibility analyses requirements of
section 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. The State homes
referenced in this final rule are State
government entities under the control of
State governments. All State homes are
owned, operated and managed by State
governments except for a small number
that are operated by entities under
contract with State governments. These
contractors are not small entities.
Therefore, this final rule is also exempt,
pursuant to 5 U.S.C. 605(b), from the
initial and final regulatory flexibility
analysis requirements of sections 603
and 604.
Catalog of Federal Domestic Assistance
Numbers
The Catalog of Federal Domestic
Assistance numbers and titles are
64.005, Grants to States for Construction
VerDate Mar<15>2010
17:10 Aug 19, 2011
Jkt 223001
52275
of State Home Facilities; 64.009,
Veterans Medical Care Benefits; 64.010,
Veterans Nursing Home Care; 64.015,
Veterans State Nursing Home Care;
64.018, Sharing Specialized Medical
Resources; 64.019.
ENVIRONMENTAL PROTECTION
AGENCY
Signing Authority
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Revisions to Clean Air Interstate Rule
Emissions Trading Program
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. John
R. Gingrich, Chief of Staff, Department
of Veterans Affairs, approved this
document on July 7, 2011, for
publication.
List of Subjects in 38 CFR Part 51
Administrative practice and
procedure, Claims, Government
contracts, Grant programs-health, Grant
programs-veterans, Health care, Health
facilities, Health professions, Health
records, Mental health programs,
Nursing homes, Reporting and
recordkeeping requirements, Travel and
transportation expenses, Veterans.
Dated: August 16, 2011.
Robert C. McFetridge,
Director of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons stated in the
preamble, VA amends 38 CFR part 51 as
follows:
PART 51—PER DIEM FOR NURSING
HOME CARE OF VETERANS IN STATE
HOMES
1. The authority citation for part 51
continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 1710, 1741–
1743, 1745.
2. Amend § 51.210 by:
■ a. In paragraph (d), removing ‘‘or
parents all of whose children died while
serving in the armed forces’’ and
adding, in its place, ‘‘, or parents any of
whose children died while serving in
the Armed Forces’’.
■ b. Revising the authority citation at
the end of the section.
The revision reads as follows:
■
§ 51.210
*
*
Administration.
*
*
*
(Authority: 38 U.S.C. 101, 501, 1710, 1741–
1743, 8135; Pub. L. 111–246)
[FR Doc. 2011–21292 Filed 8–19–11; 8:45 am]
BILLING CODE 8320–01–P
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40 CFR Part 52
[EPA–R03–OAR–2011–0195; FRL–9453–6]
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
EPA is approving a State
Implementation Plan (SIP) revision
submitted by the Commonwealth of
Virginia. The revision, which amends
the Virginia Clean Air Interstate Rule
(CAIR) trading program, is comprised of
technical corrections and revisions to
the definition of a cogeneration unit to
ensure the Commonwealth’s CAIR
trading program is consistent with
federal CAIR requirements. This action
is being taken under the Clean Air Act
(CAA).
DATES: Effective Date: This final rule is
effective on September 21, 2011.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2011–0195. All
documents in the docket are listed in
the https://www.regulations.gov Web
site. Although listed in the electronic
docket, some information is not publicly
available, i.e., confidential business
information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy for public inspection during
normal business hours at the Air
Protection Division, U.S. Environmental
Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania
19103. Copies of the State submittal are
available at the Virginia Department of
Environmental Quality, 629 East Main
Street, Richmond, Virginia 23219.
FOR FURTHER INFORMATION CONTACT:
Marilyn Powers, (215) 814–2308, or by
e-mail at powers.marilyn@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean
EPA. On September 27, 2010, the
Commonwealth of Virginia Department
of Environmental Quality (VADEQ)
submitted a revision to its SIP,
including technical corrections and
revisions to the definition of a
SUMMARY:
E:\FR\FM\22AUR1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Rules and Regulations]
[Pages 52274-52275]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21292]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 51
RIN 2900-AN96
Expansion of State Home Care for Parents of a Child Who Died
While Serving in the Armed Forces
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document amends Department of Veterans Affairs (VA)
regulations concerning the payment of per diem to a State for providing
nursing home care to eligible veterans. The amendments remove a
restriction on VA's payment of per diem, which required all non-veteran
residents of a State home to be spouses of veterans, or parents of
veterans all of whose children died while serving in the Armed Forces
of the United States. Under this final rule, non-veteran residents of
the State home must be spouses of veterans, or parents of veterans any
of whose children died while serving in the Armed Forces.
DATES: Effective Date: This final rule is effective August 22, 2011.
FOR FURTHER INFORMATION CONTACT: Nancy Quest, Chief, State Veterans
Home Clinical & Survey Oversight, Geriatrics and Extended Care Services
(114), Veterans Health Administration, Department of Veterans Affairs,
810 Vermont Avenue, NW., Washington, DC 20420, (202) 461-6064. (This is
not a toll free number.)
SUPPLEMENTARY INFORMATION: Under current 38 CFR 51.210(d), VA pays per
diem to a State for providing nursing home care to eligible veterans in
a State home if, among other things, all non-veteran residents of the
home are spouses of veterans or parents of veterans all of whose
children died while serving in the Armed Forces of the United States.
In Public Law 111-246, Congress mandated that VA administer Sec.
51.210(d) to permit a State home to provide services to ``a non-veteran
any of whose children died while serving in the Armed Forces.'' This
final rule implements Public Law 111-246 by amending Sec. 51.210(d) to
incorporate the language mandated by Congress. As amended, Sec.
51.210(d) allows States to admit parents, ``any'' of whose children
died while serving in the Armed Forces, to State homes without
affecting VA per diem payments to States for care provided to veterans.
Effect of Rulemaking
Title 38, Code of Federal Regulations, as revised by this final
rule, represents VA's implementation of its exclusive legal authority
on this subject. Other than future amendments to this regulation or
governing statute or public law, 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.
Administrative Procedure Act
These amendments incorporate a specific program requirement
mandated by Congress. Accordingly, this rule is exempt from the prior
notice-and-comment and delayed-effective-date requirements of 5 U.S.C.
553.
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
[[Page 52275]]
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.
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 expenditure by
State, local, or Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any given year. This final rule would have no such effect
on State, local, or Tribal governments, or on the private sector.
Paperwork Reduction Act
This document contains no provisions constituting a collection of
information under the Paperwork Reduction Act (44 U.S.C. 3501-3520).
Regulatory Flexibility Act
The initial and final regulatory flexibility analyses requirements
of section 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. The State homes
referenced in this final rule are State government entities under the
control of State governments. All State homes are owned, operated and
managed by State governments except for a small number that are
operated by entities under contract with State governments. These
contractors are not small entities. Therefore, this final rule is also
exempt, pursuant to 5 U.S.C. 605(b), from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
Catalog of Federal Domestic Assistance Numbers
The Catalog of Federal Domestic Assistance numbers and titles are
64.005, Grants to States for Construction of State Home Facilities;
64.009, Veterans Medical Care Benefits; 64.010, Veterans Nursing Home
Care; 64.015, Veterans State Nursing Home Care; 64.018, Sharing
Specialized Medical Resources; 64.019.
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. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on July 7, 2011, for publication.
List of Subjects in 38 CFR Part 51
Administrative practice and procedure, Claims, Government
contracts, Grant programs-health, Grant programs-veterans, Health care,
Health facilities, Health professions, Health records, Mental health
programs, Nursing homes, Reporting and recordkeeping requirements,
Travel and transportation expenses, Veterans.
Dated: August 16, 2011.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General
Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, VA amends 38 CFR part 51 as
follows:
PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES
0
1. The authority citation for part 51 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1710, 1741-1743, 1745.
0
2. Amend Sec. 51.210 by:
0
a. In paragraph (d), removing ``or parents all of whose children died
while serving in the armed forces'' and adding, in its place, ``, or
parents any of whose children died while serving in the Armed Forces''.
0
b. Revising the authority citation at the end of the section.
The revision reads as follows:
Sec. 51.210 Administration.
* * * * *
(Authority: 38 U.S.C. 101, 501, 1710, 1741-1743, 8135; Pub. L. 111-
246)
[FR Doc. 2011-21292 Filed 8-19-11; 8:45 am]
BILLING CODE 8320-01-P
