81 FR 10764 - Vet Centers

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 41 (March 2, 2016)

Page Range		10764-10765
FR Document		2016-04552

The Department of Veterans Affairs (VA) adopts as final an interim final rule that amends its medical regulation that governs Vet Center services. The National Defense Authorization Act for Fiscal Year 2013 (the 2013 Act) requires Vet Centers to provide readjustment counseling services to broader groups of veterans, members of the Armed Forces, including a member of a reserve component of the Armed Forces, and family members of such veterans and members. This final rule adopts as final the regulatory criteria to conform to the 2013 Act, to include new and revised definitions.

Federal Register, Volume 81 Issue 41 (Wednesday, March 2, 2016)

[Federal Register Volume 81, Number 41 (Wednesday, March 2, 2016)]
[Rules and Regulations]
[Pages 10764-10765]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-04552]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP21


Vet Centers

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Veterans Affairs (VA) adopts as final an 
interim final rule that amends its medical regulation that governs Vet 
Center services. The National Defense Authorization Act for Fiscal Year 
2013 (the 2013 Act) requires Vet Centers to provide readjustment 
counseling services to broader groups of veterans, members of the Armed 
Forces, including a member of a reserve component of the Armed Forces, 
and family members of such veterans and members. This final rule adopts 
as final the regulatory criteria to conform to the 2013 Act, to include 
new and revised definitions.

DATES: Effective date: March 2, 2016.

FOR FURTHER INFORMATION CONTACT: Michael Fisher, Readjustment 
Counseling Service (10RCS), Veterans Health Administration, Department 
of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; 
(202) 461-6525. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: On August 4, 2015, VA published in the 
Federal Register an interim final rule that implemented the National 
Defense Authorization Act for Fiscal Year 2013, Public Law 112-239 
(Jan. 2, 2013) (the 2013 Act). 80 FR 46197. VA invited interested 
persons to submit comments on the interim final rule on or before 
October 5, 2015, and we received one comment. The commenter questioned 
why the rulemaking is including individuals who remotely control 
unmanned aerial vehicles as individuals who are entitled to receive 
readjustment counseling services and how has VA and the Department of 
Defense assessed the need for such services for this group of 
individuals. The requirement to provide readjustment counseling to 
individuals who remotely control unmanned aerial vehicles is mandated 
by Public Law 112-239, which is implemented by this rulemaking. We do 
not make any changes based on this comment.
    Finally, we make a technical edit to paragraphs (b) and (e) to 
ensure that these provisions are easier to understand. As amended in 
the interim final rule, the first sentence of the introductory 
paragraph to paragraph (b) read ``With the veteran's or member's of the 
Armed Forces, including a member of a reserve component of the Armed 
Forces, consent, VA will assist in obtaining proof of eligibility.'' We 
determined that this amendatory language was grammatically incorrect. 
We are now amending this sentence to read ``With the consent of the 
veteran or member of the Armed Forces, including a member of a reserve 
component of the Armed Forces, VA will assist in obtaining proof of 
eligibility.'' The first sentence of paragraph (e) was similarly 
incorrect and read ``Benefits under this section are furnished solely 
by VA Vet Centers, which maintain confidential records independent from 
any other VA or Department of Defense medical records and which will 
not disclose such records without either the veteran's or member's of 
the Armed Forces, including a member of a reserve component of the 
Armed Forces, voluntary, signed authorization, or a specific exception 
permitting their release.'' This sentence now reads ``Benefits under 
this section are furnished solely by VA Vet Centers, which maintain 
confidential records independent from any other VA or Department of 
Defense medical records and which will not disclose such records 
without the voluntary signed authorization of the veteran or member of 
the Armed Forces (including a member of a reserve component of the 
Armed Forces), or where a specific exception permits disclosure.''
    Based on the rationale set forth in the interim final rule and in 
this document, VA is adopting the provisions of the interim final rule 
as a final rule making only technical edits.

Administrative Procedure Act

    In accordance with U.S.C. 553(b)(B) and (d)(3), the Secretary of 
Veterans Affairs concluded that there was good cause to publish this 
rule without prior opportunity for public comment and to publish this 
rule with an immediate effective date. This final rule incorporates a 
specific program requirement mandated by Congress in Public Law 112-
239. The Secretary finds that it is impracticable and contrary to the 
public interest to delay this rule for the purpose of soliciting 
advance public comment or to have a delayed effective date. This rule 
will increase the pool of individuals who are eligible to receive 
mental health care at Vet Centers. This rule will also increase access 
to much needed mental health care services in Vet Centers. For the 
above reason, the Secretary, through this rulemaking, adopts as final 
an interim final rule in which we provided prior notice and opportunity 
for the public to comment.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance or procedures are authorized. 
All existing or subsequent VA guidance must be read to conform with 
this rulemaking if possible or, if not possible, such guidance is 
superseded by this rulemaking.

[[Page 10765]]

Paperwork Reduction Act

    Although this action contains provisions constituting collections 
of information, at 38 CFR 17.2000, under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3521), no new or proposed revised collections of 
information are associated with this final rule. The information 
collection requirements for Sec.  17.2000 are currently approved by the 
Office of Management and Budget (OMB) and have been assigned OMB 
control number 2900-0787.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. This final rule directly affects only individuals and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this rulemaking is exempt from the initial and final regulatory 
flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, when 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action'' requiring review by OMB, unless OMB 
waives such review, as ``any regulatory action that is likely to result 
in a rule that may: (1) Have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy, a 
sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www.va.gov/orpm/, by following the link for VA 
Regulations Published from Fiscal Year 2004 to 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 final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers and titles for 
the programs affected by this document are as follows: 64.009, Veterans 
Medical Care Benefits; 64.018, Sharing Specialized Medical Resources; 
64.019, Veterans Rehabilitation Alcohol and Drug Dependence; 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 February 25, 2016, for publication.

List of Subjects in 38 CFR Part 17

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Drug abuse, Health care, Health facilities, Homeless, Mental health 
programs, Veterans.

    Dated: February 26, 2016.
William F. Russo,
Director, Office of Regulation Policy & Management, Office of the 
General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the interim rule published 
August 4, 2015, at 80 FR 46197, is adopted as final without change.

[FR Doc. 2016-04552 Filed 3-1-16; 8:45 am]
 BILLING CODE 8320-01-P

10764 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations

Department of Homeland Security Delegation provide readjustment counseling or Department of Defense medical
No. 0170.1. services to broader groups of veterans, records and which will not disclose
■ 2. Add § 165.T01–0100 to read as members of the Armed Forces, such records without either the
follows: including a member of a reserve veteran’s or member’s of the Armed
component of the Armed Forces, and Forces, including a member of a reserve
§ 165.T01–0100 Safety Zone: Newtown family members of such veterans and component of the Armed Forces,
Creek, Queens, NY members. This final rule adopts as final voluntary, signed authorization, or a
(a) Location. The following area is a the regulatory criteria to conform to the specific exception permitting their
temporary safety zone: All U.S. 2013 Act, to include new and revised release.’’ This sentence now reads
navigable waters of Newtown Creek definitions. ‘‘Benefits under this section are
between the Greenpoint Avenue Bridge DATES: Effective date: March 2, 2016. furnished solely by VA Vet Centers,
(mile 1.3) and the entrance to Dutch which maintain confidential records
FOR FURTHER INFORMATION CONTACT:
Kills Michael Fisher, Readjustment independent from any other VA or
(b) Enforcement period. The safety Counseling Service (10RCS), Veterans Department of Defense medical records
zone described in paragraph (a) of this Health Administration, Department of and which will not disclose such
section will be enforced from February Veterans Affairs, 810 Vermont Avenue records without the voluntary signed
3, 2016 until March 5, 2016, unless NW., Washington, DC 20420; (202) 461– authorization of the veteran or member
terminated sooner by the COTP. 6525. (This is not a toll-free number.) of the Armed Forces (including a
(c) Regulations. (1) In accordance with member of a reserve component of the
SUPPLEMENTARY INFORMATION: On August
the general regulations in 33 CFR Armed Forces), or where a specific
4, 2015, VA published in the Federal
165.23, entry into, transiting, or exception permits disclosure.’’
Register an interim final rule that
anchoring within this safety zone is Based on the rationale set forth in the
implemented the National Defense
prohibited unless authorized by the interim final rule and in this document,
Authorization Act for Fiscal Year 2013,
COTP or a designated on scene VA is adopting the provisions of the
Public Law 112–239 (Jan. 2, 2013) (the
representative. interim final rule as a final rule making
2013 Act). 80 FR 46197. VA invited
(3) A ‘‘on-scene representative’’ of the interested persons to submit comments only technical edits.
COTP is any Coast Guard on the interim final rule on or before
commissioned, warrant or petty officer Administrative Procedure Act
October 5, 2015, and we received one
or a Federal, State or local law comment. The commenter questioned In accordance with U.S.C. 553(b)(B)
enforcement officer designated by or why the rulemaking is including and (d)(3), the Secretary of Veterans
assisting the COTP to act on his behalf. individuals who remotely control Affairs concluded that there was good
(4) Vessel operators must contact the unmanned aerial vehicles as individuals cause to publish this rule without prior
COTP via the Command Center to who are entitled to receive readjustment opportunity for public comment and to
obtain permission to enter or operate counseling services and how has VA publish this rule with an immediate
within the safety zone. The COTP may and the Department of Defense assessed effective date. This final rule
be contacted via VHF Channel 16 or at the need for such services for this group incorporates a specific program
(718) 354–4353. Vessel operators given of individuals. The requirement to requirement mandated by Congress in
permission to enter or operate within provide readjustment counseling to Public Law 112–239. The Secretary
the safety zone must comply with all individuals who remotely control finds that it is impracticable and
directions given to them by the COTP, unmanned aerial vehicles is mandated contrary to the public interest to delay
via the Command Center or an on-scene by Public Law 112–239, which is this rule for the purpose of soliciting
representative. implemented by this rulemaking. We do advance public comment or to have a
Dated: Februrary 3, 2016. not make any changes based on this delayed effective date. This rule will
M.H. Day, comment. increase the pool of individuals who are
Captain, U.S. Coast Guard, Captain of the Finally, we make a technical edit to eligible to receive mental health care at
Port New York. paragraphs (b) and (e) to ensure that Vet Centers. This rule will also increase
[FR Doc. 2016–04474 Filed 3–1–16; 8:45 am] these provisions are easier to access to much needed mental health
BILLING CODE 9110–04–P
understand. As amended in the interim care services in Vet Centers. For the
final rule, the first sentence of the above reason, the Secretary, through this
introductory paragraph to paragraph (b) rulemaking, adopts as final an interim
DEPARTMENT OF VETERANS read ‘‘With the veteran’s or member’s of final rule in which we provided prior
AFFAIRS the Armed Forces, including a member notice and opportunity for the public to
of a reserve component of the Armed comment.
38 CFR Part 17 Forces, consent, VA will assist in
Effect of Rulemaking
obtaining proof of eligibility.’’ We
RIN 2900–AP21 determined that this amendatory Title 38 of the Code of Federal
language was grammatically incorrect. Regulations, as revised by this final
Vet Centers
We are now amending this sentence to rulemaking, represents VA’s
AGENCY: Department of Veterans Affairs. read ‘‘With the consent of the veteran or implementation of its legal authority on
ACTION: Final rule. member of the Armed Forces, including this subject. Other than future
asabaliauskas on DSK3SPTVN1PROD with RULES

a member of a reserve component of the amendments to this regulation or
SUMMARY: The Department of Veterans Armed Forces, VA will assist in governing statutes, no contrary guidance
Affairs (VA) adopts as final an interim obtaining proof of eligibility.’’ The first or procedures are authorized. All
final rule that amends its medical sentence of paragraph (e) was similarly existing or subsequent VA guidance
regulation that governs Vet Center incorrect and read ‘‘Benefits under this must be read to conform with this
services. The National Defense section are furnished solely by VA Vet rulemaking if possible or, if not
Authorization Act for Fiscal Year 2013 Centers, which maintain confidential possible, such guidance is superseded
(the 2013 Act) requires Vet Centers to records independent from any other VA by this rulemaking.

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Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations 10765

Paperwork Reduction Act mandates, the President’s priorities, or Dated: February 26, 2016.
Although this action contains the principles set forth in this Executive William F. Russo,
provisions constituting collections of Order.’’ Director, Office of Regulation Policy &
The economic, interagency, Management, Office of the General Counsel,
information, at 38 CFR 17.2000, under
Department of Veterans Affairs.
the Paperwork Reduction Act of 1995 budgetary, legal, and policy
(44 U.S.C. 3501–3521), no new or implications of this regulatory action For the reasons stated in the
proposed revised collections of have been examined, and it has been preamble, the interim rule published
information are associated with this determined not to be a significant August 4, 2015, at 80 FR 46197, is
final rule. The information collection regulatory action under Executive Order adopted as final without change.
requirements for § 17.2000 are currently 12866. VA’s impact analysis can be [FR Doc. 2016–04552 Filed 3–1–16; 8:45 am]
approved by the Office of Management found as a supporting document at BILLING CODE 8320–01–P
and Budget (OMB) and have been http://www.regulations.gov, usually
assigned OMB control number 2900– within 48 hours after the rulemaking
0787. document is published. Additionally, a DEPARTMENT OF VETERANS
copy of the rulemaking and its impact AFFAIRS
Regulatory Flexibility Act
analysis are available on VA’s Web site
The Secretary hereby certifies that 38 CFR Part 38
at http://www.va.gov/orpm/, by
this final rule will not have a significant following the link for VA Regulations RIN 2900–AO95
economic impact on a substantial Published from Fiscal Year 2004 to
number of small entities as they are Fiscal Year to Date. Applicants for VA Memorialization
defined in the Regulatory Flexibility Benefits
Act, 5 U.S.C. 601–612. This final rule Unfunded Mandates
directly affects only individuals and AGENCY: Department of Veterans Affairs.
will not directly affect small entities. The Unfunded Mandates Reform Act ACTION: Final rule.
Therefore, pursuant to 5 U.S.C. 605(b), of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of SUMMARY: The Department of Veterans
this rulemaking is exempt from the Affairs (VA) amends its regulations
initial and final regulatory flexibility anticipated costs and benefits before
issuing any rule that may result in the defining who may apply for a headstone
analysis requirements of 5 U.S.C. 603 or marker. The rule expands the types
and 604. expenditure by State, local, and tribal
governments, in the aggregate, or by the of individuals who may request
Executive Orders 12866 and 13563 private sector, of $100 million or more headstones and markers on behalf of
(adjusted annually for inflation) in any decedents.
Executive Orders 12866 and 13563
direct agencies to assess the costs and one year. This final rule will have no DATES: The final rule is effective April
benefits of available regulatory such effect on State, local, and tribal 1, 2016.
alternatives and, when regulation is governments, or on the private sector. FOR FURTHER INFORMATION CONTACT: Eric
necessary, to select regulatory Powell, Deputy Director, Memorial
Catalog of Federal Domestic Assistance Programs Service (41B1), National
approaches that maximize net benefits
(including potential economic, The Catalog of Federal Domestic Cemetery Administration, Department
environmental, public health and safety Assistance numbers and titles for the of Veterans Affairs, 810 Vermont Ave.
effects, and other advantages; programs affected by this document are NW., Washington, DC 20420, (202) 501–
distributive impacts; and equity). as follows: 64.009, Veterans Medical 3060. (This is not a toll-free number.)
Executive Order 13563 (Improving Care Benefits; 64.018, Sharing SUPPLEMENTARY INFORMATION: On
Regulation and Regulatory Review) Specialized Medical Resources; 64.019, October 1, 2014 (79 FR 59176), VA
emphasizes the importance of Veterans Rehabilitation Alcohol and proposed revising its regulations
quantifying both costs and benefits, Drug Dependence; and 64.024, VA regarding applicants for headstones and
reducing costs, harmonizing rules, and Homeless Providers Grant and Per Diem markers. The rule expanded the
promoting flexibility. Executive Order Program. definition of applicant to allow more
12866 (Regulatory Planning and individuals to request that VA provide
Review) defines a ‘‘significant Signing Authority a burial headstone or marker for
regulatory action’’ requiring review by unmarked graves or a memorial
The Secretary of Veterans Affairs, or
OMB, unless OMB waives such review, headstone or marker if remains are not
as ‘‘any regulatory action that is likely designee, approved this document and available for burial. Interested person
to result in a rule that may: (1) Have an authorized the undersigned to sign and were invited to submit comments on the
annual effect on the economy of $100 submit the document to the Office of the proposed rule on or before December 1,
million or more or adversely affect in a Federal Register for publication 2014. VA received a total of 387
material way the economy, a sector of electronically as an official document of comments from interested stakeholders,
the economy, productivity, competition, the Department of Veterans Affairs. including members of Congress, state
jobs, the environment, public health or Robert D. Snyder, Interim Chief of Staff, and local officials, as well as members
safety, or State, local, or tribal Department of Veterans Affairs, of genealogical, historical, and veterans
governments or communities; (2) Create approved this document on February service organizations. Because of the
asabaliauskas on DSK3SPTVN1PROD with RULES

a serious inconsistency or otherwise 25, 2016, for publication. number of comments, both positive and
interfere with an action taken or List of Subjects in 38 CFR Part 17 negative, we have grouped them
planned by another agency; (3) together by issue or content, and will
Materially alter the budgetary impact of Administrative practice and address each group below. For the
entitlements, grants, user fees, or loan procedure, Alcohol abuse, Alcoholism, reasons set forth below and in the
programs or the rights and obligations of Drug abuse, Health care, Health proposed rule, we adopt the proposed
recipients thereof; or (4) Raise novel facilities, Homeless, Mental health rule as final, with the changes explained
legal or policy issues arising out of legal programs, Veterans. below. To address some of these

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Document Created: 2018-02-02 15:04:15
Document Modified: 2018-02-02 15:04:15

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		Effective date: March 2, 2016.
Contact		Michael Fisher, Readjustment Counseling Service (10RCS), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420; (202) 461-6525. (This is not a toll-free number.)
FR Citation		81 FR 10764
RIN Number		2900-AP21
CFR Associated		Administrative Practice and Procedure; Alcohol Abuse; Alcoholism; Drug Abuse; Health Care; Health Facilities; Homeless; Mental Health Programs and Veterans