80 FR 74988 - Special Regulations, Areas of the National Park System, Lake Chelan National Recreation Area, Solid Waste Disposal
DEPARTMENT OF THE INTERIOR
National Park Service Federal Register Volume 80, Issue 230 (December 1, 2015)
National Park Service
Federal Register Volume 80, Issue 230 (December 1, 2015)
| Page Range | 74988-74991 | |
| FR Document | 2015-30349 |
[Federal Register Volume 80, Number 230 (Tuesday, December 1, 2015)] [Rules and Regulations] [Pages 74988-74991] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-30349] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 7 [NPS-LACH-19666; PPPWNOCAM3 PPMOMFO1Z.F00000] RIN 1024-AE09 Special Regulations, Areas of the National Park System, Lake Chelan National Recreation Area, Solid Waste Disposal AGENCY: National Park Service, Interior. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The National Park Service is authorizing a solid waste transfer station near Stehekin, Washington, within the boundary of Lake Chelan National Recreation Area, that does not meet all the siting criteria of the general National Park Service regulations and accepts solid waste generated within the boundary of the recreation area from non-National Park Service activities. DATES: This rule is effective December 31, 2015. FOR FURTHER INFORMATION CONTACT: Kerri L. Cook, Facility Operations Specialist, National Park Service, North Cascades National Park Complex, 810 State Route 20, Sedro-Woolley, WA 98284; (360) 854-7280. Email: [email protected]. SUPPLEMENTARY INFORMATION: Background On December 22, 1994, the National Park Service (NPS) adopted regulations codified at 36 CFR part 6 to implement a statutory requirement of Public Law 98-506 (54 U.S.C. 100903) (Act), which was enacted in 1984. The Act prohibits the operation of a solid waste disposal site within the boundary of any unit of the National Park System except for those operating as of September 1, 1984, or those ``used only for disposal of wastes generated within that unit of the park system so long as such site will not degrade any of the natural or cultural resources of such park unit.'' The Act directed the Secretary of the Interior to promulgate regulations ``to carry out the provisions of this subsection, including reasonable regulations to mitigate the adverse effects of solid waste disposal sites in operation as of September 1, 1984, upon property of the United States.'' The general regulations at 36 CFR part 6 ordinarily control both existing and new solid waste disposal sites within the boundaries of any unit of the National Park System to ensure that operation of such sites will not degrade the natural or cultural resources of the park unit. Transfer stations are included in the definition of ``solid waste disposal site'' in Sec. 6.3 and are therefore subject to 36 CFR part 6. Section 6.4(a) prohibits any person (including NPS) from operating a new solid waste disposal site within the boundaries of a park unit unless the criteria in Sec. 6.4(a) are met. Section 6.4(a)(1) requires that the solid waste handled by the site is generated solely from ``National Park Service activities,'' defined in Sec. 6.3 as ``operations conducted by the National Park Service or a National Park Service contractor, concessionaire or commercial use licensee.'' Section 6.4(a)(9) requires that ``the site is not located within one mile of a National Park Service visitor center, campground, ranger station, entrance station, or similar public use facility, or a residential area.'' Section 6.4(a)(10) requires that the site is not detectable by public sight, sound, or odor from a scenic vista, a public use facility, a designated or proposed wilderness area, a site listed on (or eligible for listing on) the National Register of Historic Places, or a public road. Section 6.8(a) prohibits the NPS from accepting waste at an NPS operated solid waste disposal site, except for waste generated by NPS activities. Final Rule The NPS is promulgating a park-specific regulation in 36 CFR 7.62 to authorize a limited exception to the general regulations described above. The rule authorizes an NPS transfer station on federal lands near Stehekin, [[Page 74989]] Washington, within the boundary of Lake Chelan National Recreation Area (LACH or park), that does not satisfy all of the siting requirements in part 6 and that accepts non-NPS waste generated by the Stehekin community. The need for this regulation is explained below. Stehekin is a remote community of approximately 75 year-round, plus 80 seasonal, residents located on privately owned land within the statutory boundary of LACH. Stehekin is located at the head of 55-mile- long Lake Chelan and is accessible only by boat, float plane, or foot trail. Non-NPS services and facilities in Stehekin include seasonal lodging, food operations, and other small businesses that help support 35,000-45,000 park visitors annually. The NPS operates the only facility in the Stehekin Valley for the management of solid waste. Waste consolidated at the NPS transfer station is shipped by barge 55 miles down the lake for ultimate disposal. The geographically isolated private residents and businesses in Stehekin have no feasible method of properly disposing solid waste other than at the NPS transfer station. Consequently, the NPS has for many years accepted Stehekin community waste in its transfer station to deter small dumps on private lands and illegal dumping on public lands. Although the Act does not prohibit the NPS from receiving Stehekin waste, this waste does not qualify as waste generated from ``National Park Service activities'' under the existing regulations, so the current practice of accepting waste from Stehekin at the existing NPS transfer station conflicts with 36 CFR 6.8(a). The existing NPS transfer station is located within the 100-year floodplain and is part of a larger maintenance facility that is being relocated outside of the Stehekin River floodplain due to frequent flooding.\1\ The NPS seeks to build a new transfer station at the site of the new maintenance facility in a more environmentally suitable location within LACH and outside the 100-year floodplain. The NPS has determined that there is no available or suitable nonfederal land, and a limited amount of buildable federal land, outside the floodplain in the lower Stehekin River valley.\2\ The NPS has also determined that, due to geographic constraints, there are no suitable locations for the new transfer station that comply with the site location requirements in Sec. 6.4(a)(9) and (10). Specifically, like the existing maintenance facility and transfer station, the proposed site of the new transfer station: (i) Is located within one mile of a campground (Harlequin Campground) and residential housing; (ii) will likely be visible from scenic vistas and off-trail areas in designated wilderness areas; (iii) may be heard from a campground (Harlequin Campground); and (iv) may be detectable by sight, sound, or odor from a road open to public travel. --------------------------------------------------------------------------- \1\ For more information about flooding in the Stehekin River Channel Migration Zone and plans to move the existing maintenance facility, see the Stehekin River Corridor Implementation Plan and Final Environmental Impact Statement (FEIS) which can be viewed at the park's planning Web site, http://www.nps.gov/noca/parkmgmt/planning.htm, then click on the link entitled ``Stehekin River Corridor Implementation Plan/Environmental Impact Statement (2012).'' \2\ See the Replacement of Administrative Facilities at Stehekin Environmental Assessment that tiers off the 2012 FEIS and specifically evaluates what facilities would be constructed and precisely where they would be located. This document can be viewed at http://parkplanning.nps.gov/SMFRP by clicking on ``Document List.'' --------------------------------------------------------------------------- The NPS has determined that in these unique circumstances, it will best protect park resources to allow the NPS transfer station, whether at the existing or proposed location, to accept waste generated by the community of Stehekin, notwithstanding the prohibition on accepting non-NPS waste in Sec. Sec. 6.4(a)(1) and 6.8(a) and the siting criteria in Sec. 6.4(a)(9) and (10). Due to its geographic isolation, the community of Stehekin has no environmentally responsible or practicable alternative for the disposal of its waste, much of which is generated by the provision of essential services to thousands of park visitors each year. Prohibiting this community from using the existing or proposed NPS transfer station could result in the illegal disposal of waste on park lands, or other disposal practices which would degrade the natural resources of LACH. In this exceptional situation, accepting non-NPS-generated waste for transfer and ultimate disposal outside the park boundary will pose significantly fewer environmental land use concerns than other alternatives. This determination is supported by the analysis contained in the November 2014 Replacement of Administrative Facilities at Stehekin Environmental Assessment (EA) and the August 2015 Finding of No Significant Impact (FONSI), which examine the environmental impacts of the continued operation of the existing NPS transfer station and the construction and operation of the new transfer station, which will employ contemporary environmental methods for handling waste. The NPS promulgates a special regulation to authorize an exception to a prohibition found in a general regulation only in limited circumstances. The only other exceptions to the part 6 requirements have been granted by special regulation for Alaskan parks under similar circumstances, where geographically isolated communities have no feasible alternative for solid waste disposal that complies with the part 6 requirements. The rule accommodates the circumstances of the Stehekin community which is located in a remote area within the boundary of LACH and has no other practicable options for environmentally responsible solid-waste disposal. It is designed only to authorize the operation of the existing transfer station and the proposed transfer station at the locations identified in the EA, which the NPS believes will best protect park resources based upon the analysis contained in the EA. All other requirements in part 6 will remain in effect and apply to the existing and new NPS transfer station, including the requirement in Sec. 6.4(a)(3) that the site of the existing and new facility ``will not degrade any of the natural or cultural resources'' of LACH. The rule is consistent with the Act, which does not prohibit new solid waste disposal sites from handling waste generated by non-NPS activities within a park unit provided that the site will not degrade any of the park unit's natural or cultural resources. The rule does not supersede or replace other requirements applicable to solid waste disposal sites, including the policy (unless there is an approved waiver) in Director's Order #35B (Sale of National Park Service Produced Utilities) that NPS recover the cost of utilities (including the collection and disposal of solid waste) provided to non- NPS users. Under these circumstances, the NPS has determined that the exceptions to part 6 in the rule are appropriate and the sites will not degrade the park's natural or cultural resources. Summary of Public Comments The NPS published the proposed rule at 80 FR 39985 (July 13, 2015). The NPS accepted comments through the mail, hand delivery, and the Federal eRulemaking Portal at http://www.regulations.gov. Comments were accepted through October 13, 2015.The NPS also held public workshops to discuss the proposed rule on October 7 in Wenatchee and on October 8 in Stehekin. The NPS did not receive any comments on the proposed rule. The NPS has not made any changes to the proposed rule. [[Page 74990]] Compliance With Other Laws, Executive Orders, and Departmental Policy Regulatory Planning and Review (Executive Orders 12866 and 13563). Executive Order 12866 provides that the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget will review all significant rules. OIRA has determined that this rule is not significant. Executive Order 13563 reaffirms the principles of Executive Order 12866 while calling for improvements in the nation's regulatory system to promote predictability, to reduce uncertainty, and to use the best, most innovative, and least burdensome tools for achieving regulatory ends. The executive order directs agencies to consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public where these approaches are relevant, feasible, and consistent with regulatory objectives. It emphasizes further that regulations must be based on the best available science and that the rulemaking process must allow for public participation and an open exchange of ideas. We have developed this rule in a manner consistent with these requirements. Regulatory Flexibility Act This rulemaking will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). This certification is based on the benefit- cost and regulatory flexibility analyses found in the report entitled ``Benefit-Cost and Regulatory Flexibility Analyses: Solid Waste Management at Lake Chelan National Recreation Area'' which can be viewed online at http://parkplanning.nps.gov/SMFRP by clicking the link entitled ``Document List.'' Small Business Regulatory Enforcement Fairness Act (SBREFA) This rule is not a major rule under 5 U.S.C. 804(2), the SBREFA. This rule: a. Does not have an annual effect on the economy of $100 million or more. b. Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. c. Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of U.S.-based enterprises to compete with foreign-based enterprises. Unfunded Mandates Reform Act This rule does not impose an unfunded mandate on State, local, or tribal governments, or the private sector of more than $100 million per year. The rule does not have a significant or unique effect on State, local, or tribal governments or the private sector. A statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is not required. Takings (Executive Order 12630) This rule does not effect a taking of private property or otherwise have taking implications under Executive Order 12630. A takings implication assessment is not required. Federalism (Executive Order 13132) Under the criteria in section 1 of Executive Order 13132, this rule does not have sufficient federalism implications to warrant the preparation of a Federalism summary impact statement. A Federalism summary impact statement is not required. Civil Justice Reform (Executive Order 12988) This rule complies with the requirements of Executive Order 12988. Specifically, this rule: a. Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and b. Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. Consultation With Indian Tribes (E.O. 13175 and Department policy) The Department of the Interior strives to strengthen its government-to-government relationship with Indian Tribes through a commitment to consultation with Indian Tribes and recognition of their right to self-governance and tribal sovereignty. We have evaluated this rule under the criteria in Executive Order 13175 and under the Department's tribal consultation policy and have determined that tribal consultation is not required because the rule will have no substantial direct effect on federally recognized Indian tribes. In May and July 2014, the NPS sent letters to the Tribal Historic Preservation Officers for the Colville Confederated Tribes and the Confederated Tribes and Bands of the Yakama Nation inviting comment regarding the inventory, evaluation, and finding of no effect on cultural resources within the project area. This encompasses the relocation of all maintenance facilities, including the transfer station, as proposed in the preferred alternative (Alternative 2) in the EA. These tribes did not identify any concerns related to the project. Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) This rule does not contain information collection requirements, and a submission to the Office of Management and Budget under the Paperwork Reduction Act is not required. We may not conduct or sponsor and you are not required to respond to a collection of information unless it displays a currently valid OMB control number. National Environmental Policy Act of 1969 (NEPA) This rule does not constitute a major Federal action significantly affecting the quality of the human environment. A detailed statement under the NEPA is not required because we reached a Finding of No Significant Impact. This rule implements part of the preferred alternative (Alternative 2) in the EA, which is the selected alternative in the FONSI. The EA and FONSI are referenced above and available online at http://parkplanning.nps.gov/SMFRP by clicking on ``Document List.'' Effects on the Energy Supply (Executive Order 13211) This rule is not a significant energy action under the definition in Executive Order 13211. A Statement of Energy Effects is not required. Drafting Information The primary author of this regulation is Jay Calhoun, Regulations Program Specialist, Division of Regulations, Jurisdiction, and Special Park Uses, National Park Service, 1849 C Street NW., Washington, DC 20240. List of Subjects in 36 CFR Part 7 National parks, Reporting and recordkeeping requirements. In consideration of the foregoing, the NPS amends 36 CFR part 7 as follows: PART 7--SPECIAL REGULATIONS, AREAS OF THE NATIONAL PARK SYSTEM 0 1. The authority citation for part 7 continues to read as follows: Authority: 54 U.S.C. 100101, 100751, 320102; Sec. 7.96 also issued under D.C. Code 10-137 and D.C. Code 50-2201.07. 0 2. In Sec. 7.62, add paragraph (d) to read as follows: [[Page 74991]] Sec. 7.62 Lake Chelan National Recreation Area. * * * * * (d) Solid waste disposal. A solid waste transfer station located near Stehekin within the boundary of Lake Chelan National Recreation Area must comply with all provisions in 36 CFR part 6, except it may: (1) Accept solid waste generated within the boundary of the park unit that was not generated by National Park Service activities; (2) Be located within one mile of a campground or a residential area; (3) Be visible by the public from scenic vistas or off-trail areas in designated wilderness areas; (4) Be detectable by the public by sound from a campground; and (5) Be detectable by the public by sight, sound, or odor from a road open to public travel. Dated: November 19, 2015. Karen Hyun, Acting Principal Deputy Assistant Secretary for Fish and Wildlife and Parks. [FR Doc. 2015-30349 Filed 11-30-15; 8:45 am] BILLING CODE 4310-EJ-P
![74988 Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations
Executive Summary List of Subjects in 32 CFR Part 505 codified at 36 CFR part 6 to implement
Privacy. a statutory requirement of Public Law
This rule provides policy and 98–506 (54 U.S.C. 100903) (Act), which
procedures for Army’s implementation Accordingly 32 CFR part 505 is was enacted in 1984. The Act prohibits
of the Privacy Act of 1974, as amended. amended as follows: the operation of a solid waste disposal
The Army is removing an exemption site within the boundary of any unit of
rule from the exemptions section. This PART 505—ARMY PRIVACY the National Park System except for
regulatory action imposes no monetary PROGRAM those operating as of September 1, 1984,
costs to the Agency or public. or those ‘‘used only for disposal of
■ 1. The authority citation for 32 CFR
Regulatory Procedures part 505 continues to read as follows: wastes generated within that unit of the
park system so long as such site will not
Executive Order 12866, ‘‘Regulatory Authority: Pub. L. 93–579, Stat. 1896 (5 degrade any of the natural or cultural
Planning and Review’’ and Executive U.S.C. 552a). resources of such park unit.’’ The Act
Order 13563, ‘‘Improving Regulation directed the Secretary of the Interior to
Appendix D to Part 505 [Amended]
and Regulatory Review’’ promulgate regulations ‘‘to carry out the
■ 2. Amend appendix D to part 505 by: provisions of this subsection, including
Executive Orders 12866 and 13563
■ a. Removing paragraph (g)(32). reasonable regulations to mitigate the
direct agencies to assess all costs and
■ b. Redesignating paragraphs (g)(33) adverse effects of solid waste disposal
benefits of available regulatory
through (35) as paragraphs (g)(32) sites in operation as of September 1,
alternatives and, if regulation is
through (34). 1984, upon property of the United
necessary, to select regulatory
approaches that maximize net benefits Tracy Rogers, States.’’
(including potential economic, The general regulations at 36 CFR part
Chief, Privacy and FOIA Office.
environmental, public health and safety 6 ordinarily control both existing and
[FR Doc. 2015–30454 Filed 11–30–15; 8:45 am]
effects, distribute impacts, and equity). new solid waste disposal sites within
BILLING CODE 3710–08–P the boundaries of any unit of the
Executive Order 13563 emphasizes the
importance of quantifying both costs National Park System to ensure that
and benefits, of reducing costs, of operation of such sites will not degrade
DEPARTMENT OF THE INTERIOR the natural or cultural resources of the
harmonizing rules, and of promoting
flexibility. It has been determined that park unit. Transfer stations are included
National Park Service in the definition of ‘‘solid waste
this rule is not a significant rule.
disposal site’’ in § 6.3 and are therefore
Public Law 96–354, ‘‘Regulatory 36 CFR Part 7 subject to 36 CFR part 6.
Flexibility Act’’ (5 U.S.C. Chapter 6) [NPS–LACH–19666; PPPWNOCAM3 Section 6.4(a) prohibits any person
PPMOMFO1Z.F00000] (including NPS) from operating a new
It has been determined that this rule solid waste disposal site within the
does not have significant economic RIN 1024–AE09 boundaries of a park unit unless the
impact on a substantial number of small criteria in § 6.4(a) are met. Section
entities because it is concerned only Special Regulations, Areas of the 6.4(a)(1) requires that the solid waste
with the administration of Privacy Act National Park System, Lake Chelan handled by the site is generated solely
within the Department of Defense. National Recreation Area, Solid Waste from ‘‘National Park Service activities,’’
Public Law 95–511, ‘‘Paperwork Disposal defined in § 6.3 as ‘‘operations
Reduction Act’’ (44 U.S.C. Chapter 35) AGENCY: National Park Service, Interior. conducted by the National Park Service
or a National Park Service contractor,
It has been determined that this rule ACTION: Final rule.
concessionaire or commercial use
imposes no information collection licensee.’’ Section 6.4(a)(9) requires that
requirements on the public under the SUMMARY: The National Park Service is
authorizing a solid waste transfer station ‘‘the site is not located within one mile
Paperwork Reduction Act of 1995. of a National Park Service visitor center,
near Stehekin, Washington, within the
Section 202, Public Law 104–4, boundary of Lake Chelan National campground, ranger station, entrance
‘‘Unfunded Mandates Reform Act’’ Recreation Area, that does not meet all station, or similar public use facility, or
the siting criteria of the general National a residential area.’’ Section 6.4(a)(10)
It has been determined that this rule requires that the site is not detectable by
Park Service regulations and accepts
does not involve a Federal mandate that public sight, sound, or odor from a
solid waste generated within the
may result in the expenditure by State, scenic vista, a public use facility, a
boundary of the recreation area from
local and tribal governments, in the designated or proposed wilderness area,
non-National Park Service activities.
aggregate, or by the private sector, of a site listed on (or eligible for listing on)
$100 million or more and that such DATES: This rule is effective December
the National Register of Historic Places,
rulemaking will not significantly or 31, 2015.
or a public road. Section 6.8(a) prohibits
uniquely affect small governments. FOR FURTHER INFORMATION CONTACT: the NPS from accepting waste at an NPS
Kerri L. Cook, Facility Operations operated solid waste disposal site,
Executive Order 13132, ‘‘Federalism’’ Specialist, National Park Service, North except for waste generated by NPS
It has been determined that this rule Cascades National Park Complex, 810 activities.
does not have federalism implications. State Route 20, Sedro-Woolley, WA
mstockstill on DSK4VPTVN1PROD with RULES
This rule does not have substantial 98284; (360) 854–7280. Email: Kerri_ Final Rule
direct effects on the States, on the Cook@nps.gov. The NPS is promulgating a park-
relationship between the National SUPPLEMENTARY INFORMATION: specific regulation in 36 CFR 7.62 to
Government and the States, or on the authorize a limited exception to the
distribution of power and Background general regulations described above.
responsibilities among the various On December 22, 1994, the National The rule authorizes an NPS transfer
levels of government. Park Service (NPS) adopted regulations station on federal lands near Stehekin,
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![Federal Register / Vol. 80, No. 230 / Tuesday, December 1, 2015 / Rules and Regulations 74991
§ 7.62 Lake Chelan National Recreation amended the Choice Act to define Law 113–146, 128 Stat. 1754. On
Area. additional criteria that VA may use to November 5, 2014, VA published an
* * * * * determine that a veteran’s travel to a VA interim final rule, as required by section
(d) Solid waste disposal. A solid medical facility is an ‘‘unusual or 101(n) of the Choice Act, to implement
waste transfer station located near excessive burden,’’ and the Surface the Veterans Choice Program through
Stehekin within the boundary of Lake Transportation and Veterans Health new regulations at 38 CFR 17.1500–
Chelan National Recreation Area must Care Choice Improvement Act of 2015 17.1540. 79 FR 65571 (hereafter referred
comply with all provisions in 36 CFR amended the Choice Act to cover all to as the ‘‘November interim final
part 6, except it may: veterans enrolled in the VA health care rule’’). VA published another interim
(1) Accept solid waste generated system, remove the 60-day limit on an final rule on April 24, 2015, modifying
within the boundary of the park unit episode of care, modify the wait-time § 17.1510(e) to revise the methodology
that was not generated by National Park and 40-mile distance eligibility criteria, for calculating distances under that
Service activities; and expand provider eligibility based on section from geodesic (or ‘‘straight-
(2) Be located within one mile of a criteria as determined by VA. This line’’) distance to driving distance. 80
campground or a residential area; interim final rule revises VA regulations FR 22906 (hereafter referred to as the
(3) Be visible by the public from consistent with the changes made to the ‘‘April interim final rule’’). VA
scenic vistas or off-trail areas in Choice Act as described above. published a final rule (hereafter referred
designated wilderness areas; DATES: Effective date: This rule is to as the ‘‘final rule’’) amending the
(4) Be detectable by the public by effective on December 1, 2015. payment rates in the Program to account
sound from a campground; and Comment date: Comments must be for two exceptions: One for Alaska, and
(5) Be detectable by the public by received on or before March 30, 2016. one for states with an All-Payer Model
sight, sound, or odor from a road open FOR FURTHER INFORMATION CONTACT:
Agreement (Maryland). These two
to public travel. Kristin Cunningham, Director, Business payment rate exceptions were
Policy, Chief Business Office (10NB), authorized by section 242 of Division I
Dated: November 19, 2015.
Veterans Health Administration, of Public Law 113–235. 128 Stat. 2568.
Karen Hyun,
Acting Principal Deputy Assistant Secretary Department of Veterans Affairs, 810 Changes in Public Law 114–19 Related
for Fish and Wildlife and Parks. Vermont Avenue NW., Washington, DC to the ‘‘Unusual or Excessive Burden’’
[FR Doc. 2015–30349 Filed 11–30–15; 8:45 am] 20420, (202) 382–2508. (This is not a Standard
BILLING CODE 4310–EJ–P
toll-free number.) Under the November interim final
SUPPLEMENTARY INFORMATION: The rule at § 17.1510(b)(4)(ii), veterans may
Veterans Access, Choice, and be eligible to participate in the Veterans
DEPARTMENT OF VETERANS Accountability Act of 2014 (the Choice Choice Program if they live 40 miles or
AFFAIRS Act, Pub. L. 113–146, 128 Stat. 1754) less from a VA medical facility but face
was enacted on August 7, 2014. Further an ‘‘unusual or excessive burden’’ in
38 CFR Part 17 amendments to the Choice Act were traveling to such medical facility based
made on September 26, 2014, by the on the presence of a body of water or a
RIN 2900–AP60
Department of Veterans Affairs Expiring geologic formation that cannot be
Expanded Access to Non-VA Care Authorities Act of 2014 (Pub. L. 113– crossed by road. As explained in the
Through the Veterans Choice Program 175, 128 Stat. 1901, 1906); on December November interim final rule, this
16, 2014, by the Consolidated and standard for ‘‘unusual or excessive
AGENCY: Department of Veterans Affairs. Further Continuing Appropriations Act burden’’ was VA’s interpretation of the
ACTION: Interim final rule. of 2015 (Pub. L. 113–235, 128 Stat. language in the Choice Act, which at
2130, 2568); on May 22, 2015, by the that time required the burden to be ‘‘due
SUMMARY: The Department of Veterans Construction Authorization and Choice to geographical challenges, as
Affairs (VA) revises its medical Improvement Act (Pub. L. 114–19, 129 determined by the Secretary.’’ Sec.
regulations that implement section 101 Stat. 215); and on July 31, 2015, by the 101(b)(2)(D)(ii)(II), Pub. L. 113–146, 128
of the Veterans Access, Choice, and Surface Transportation and Veterans Stat. 1754. As explained in the final
Accountability Act of 2014 (hereafter Health Care Choice Improvement Act rule, section 3(a)(2) of Public Law 114–
referred to as ‘‘the Choice Act’’), which (Pub. L. 114–41, 129 Stat. 443). This 19 amended section 101(b)(2)(D)(ii)(II)
requires VA to establish a program to interim final rule revises VA regulations of the Choice Act by defining additional
furnish hospital care and medical that implement the Choice Act in criteria that could be the basis for
services through eligible non-VA health accordance with the most recent finding that a veteran faced an ‘‘unusual
care providers to eligible veterans who amendments made by Public Laws 114– or excessive burden’’ in traveling to
either cannot be seen within the wait- 19 and 114–41. Prior to discussing the receive care in a VA medical facility,
time goals of the Veterans Health regulatory changes made in this interim including environmental factors such as
Administration (VHA) or who qualify final rule, a brief history of previous roads that are not accessible to the
based on their place of residence rulemakings that created and revised general public, traffic, or hazardous
(hereafter referred to as the ‘‘Veterans regulations that implement the Choice weather; a medical condition that affects
Choice Program’’ or the ‘‘Program’’). Act is provided below. the ability to travel; or other factors, as
These regulatory revisions are required Section 101 of the Choice Act creates determined by the Secretary. VA
by the most recent amendments to the the Veterans Choice Program (the implemented two of these factors,
mstockstill on DSK4VPTVN1PROD with RULES
Choice Act made by the Construction Program) and requires VA to enter into namely the environmental factors such
Authorization and Choice Improvement agreements with identified eligible non- as roads that are not accessible to the
Act of 2014, and by the Surface Department of Veterans Affairs (VA) general public, traffic, or hazardous
Transportation and Veterans Health entities or providers to furnish hospital weather, or a medical condition that
Care Choice Improvement Act of 2015. care and medical services to eligible affects the ability to travel, ahead of
The Construction Authorization and veterans who elect to receive care under these regulatory revisions. We did so
Choice Improvement Act of 2014 the Program. Sec. 101(a)(1)(A), Public because we believe these factors are
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Document Created: 2018-03-02 09:10:21
Document Modified: 2018-03-02 09:10:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective December 31, 2015. | |
| Contact | Kerri L. Cook, Facility Operations Specialist, National Park Service, North Cascades National Park Complex, 810 State Route 20, Sedro-Woolley, WA 98284; (360) 854-7280. Email: [email protected] | |
| FR Citation | 80 FR 74988 | |
| RIN Number | 1024-AE09 | |
| CFR Associated | National Parks and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR