82 FR 16287 - VA Dental Insurance Program
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 82, Issue 63 (April 4, 2017)
Federal Register Volume 82, Issue 63 (April 4, 2017)
| Page Range | 16287-16288 | |
| FR Document | 2017-06579 |
[Federal Register Volume 82, Number 63 (Tuesday, April 4, 2017)] [Rules and Regulations] [Pages 16287-16288] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-06579] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Rules and Regulations [[Page 16287]] DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 17 RIN 2900-AP91 VA Dental Insurance Program AGENCY: Department of Veterans Affairs. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document revises Department of Veterans Affairs (VA) medical regulations to reflect the codification of the authority for the VA Dental Insurance Program (VADIP), a program through which VA contracts with private dental insurers to offer premium-based dental insurance to enrolled veterans and certain survivors and dependents of veterans. The VA Dental Insurance Reauthorization Act of 2016 codified the authority of the VADIP, and this final rulemaking accordingly revises the authority citation in the VA medical regulations that implement VADIP. DATES: Effective Date: This rule is effective April 4, 2017. FOR FURTHER INFORMATION CONTACT: Bridget Souza, Deputy Director, Business Policy, Office of Community Care (10D), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 382-2537. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: Section 510 of the Caregivers and Veterans Omnibus Health Services Act of 2010, Public Law 111-163, required VA to carry out a pilot program to assess the feasibility and advisability of providing a dental insurance plan to veterans and certain survivors and dependents of veterans, known as the VA Dental Insurance Program (VADIP). Under VADIP and as required by law, VA contracts with private insurers to offer the dental insurance, and the private insurer is then responsible for the actual administration of the dental insurance plans and the provision of dental benefits. VA's role under VADIP is primarily to form the contract with the private insurer and to verify the eligibility of veterans, survivors, and dependents. VA establishes VADIP criteria related to eligibility, benefits, enrollment, and other program elements as required by law, in 38 CFR 17.169 (78 FR 32126, 79 FR 62441). The VA Dental Insurance Reauthorization Act of 2016, Public Law 114-218, codified the VADIP authority at 38 U.S.C. 1712C and established a sunset date for VADIP of December 31, 2021. Public Law 114-218 did not otherwise make any substantive changes to the VADIP established in section 510 of Public Law 111-163 and implemented in 38 CFR 17.169. Therefore, the only regulatory change required by Public Law 114-218 is the revision of the authority citation for Sec. 17.169 to read 38 U.S.C. 1712C, and we make this revision in this final rule. While we recognize that the authority to operate the VADIP expires on December 31, 2021, we do not revise Sec. 17.169 to include this date. 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. Administrative Procedure Act The VA Secretary finds under 5 U.S.C. 553(b)(B) that there is good cause to publish this rule without prior opportunity for public comment, and under 5 U.S.C. 553(d)(3) that there is good cause to publish this rule with an immediate effective date. This rulemaking makes a non-substantive change to update the authority citation for 38 CFR 17.169 (Pub. L. 114-218). Notice and public comment are unnecessary because they could not result in any change to this provision. Further, since Public Law 114-218 became effective on its date of enactment and is already in effect, VA finds good cause to make this change effective on the date of its publication. 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. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3507) requires that VA consider the impact of paperwork and other information collection burdens imposed on the public. Under 44 U.S.C. 3507(a), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement unless it displays a currently valid Office of Management and Budget (OMB) control number (5 CFR 1320.8(b)(3)(vi)). This action contains no new or revised collections of information. Regulatory Flexibility Act The VA 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. 601-12). This final rule merely updates the authority citation for 38 CFR 17.169; it does not revise any substantive criteria in the regulation, and this rulemaking will not affect any small entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is exempt from the regulatory flexibility analysis requirements of section 604. Executive Order 13563 and Executive Order 12866 Executive Orders 13563 and 12866 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) [[Page 16288]] emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 12866 (Regulatory Planning and Review) defines a ``significant regulatory action,'' requiring review by the Office of Management and Budget (OMB), 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 final rule have been examined and 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 FY 2004 Through Fiscal Year to Date.'' Catalog of Federal Domestic Assistance The Catalog of Federal Domestic Assistance numbers and titles for the programs affected by this rule are 64.009 Veterans Medical Care Benefits and 64.011 Veterans Dental Care. 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. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on March 29, 2017, for publication. Dated: March 30, 2017. Janet Coleman, Chief, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs. List of Subjects in 38 CFR Part 17 Administrative practice and procedure, Dental health, Government contracts, Health care, Health professions, Health records, Veterans. For the reasons set forth in the supplementary information of this rulemaking, the Department of Veterans Affairs amends 38 CFR part 17 as follows: PART 17--MEDICAL 0 1. The authority citation for part 17 is amended by adding an entry for Sec. 17.169 in numerical order to read in part as follows: Authority: 38 U.S.C. 501, and as noted in specific sections. * * * * * Section 17.169 also issued under 38 U.S.C. 1712C. * * * * * Sec. 17.169 [Amended] 0 2. Amend Sec. 17.169 by removing the sectional authority citation. [FR Doc. 2017-06579 Filed 4-3-17; 8:45 am] BILLING CODE 8320-01-P
![16288 Federal Register / Vol. 82, No. 63 / Tuesday, April 4, 2017 / Rules and Regulations
emphasizes the importance of Dated: March 30, 2017. questions, contact: Tyler J. Wood,
quantifying both costs and benefits, Janet Coleman, General Counsel, Federal Maritime
reducing costs, harmonizing rules, and Chief, Office of Regulation Policy & Commission, 800 North Capitol Street
promoting flexibility. Executive Order Management, Office of the Secretary, NW., Washington, DC 20573–0001.
12866 (Regulatory Planning and Department of Veterans Affairs. Phone: (202) 523–5740. Email:
Review) defines a ‘‘significant GeneralCounsel@fmc.gov.
List of Subjects in 38 CFR Part 17
regulatory action,’’ requiring review by SUPPLEMENTARY INFORMATION:
the Office of Management and Budget Administrative practice and
procedure, Dental health, Government I. Background
(OMB), unless OMB waives such
contracts, Health care, Health In 1984, Congress passed the
review, as ‘‘any regulatory action that is
professions, Health records, Veterans. Shipping Act of 1984 (the Shipping Act
likely to result in a rule that may: (1)
For the reasons set forth in the or the Act), 46 U.S.C. 40101 et seq.,
Have an annual effect on the economy
supplementary information of this which introduced the concept of
of $100 million or more or adversely
rulemaking, the Department of Veterans carriage under service contracts filed
affect in a material way the economy, a with the Federal Maritime Commission.
sector of the economy, productivity, Affairs amends 38 CFR part 17 as
follows: The pricing of liner services via
competition, jobs, the environment, negotiated contracts, rather than
public health or safety, or State, local, PART 17—MEDICAL exclusively by public tariffs, was a
or tribal governments or communities; change that had profound effects on the
(2) Create a serious inconsistency or ■ 1. The authority citation for part 17 is liner industry. FMC regulations require
otherwise interfere with an action taken amended by adding an entry for all ocean freight rates, surcharges, and
or planned by another agency; (3) § 17.169 in numerical order to read in accessorial charges in liner trades be
Materially alter the budgetary impact of part as follows: published in ocean common carrier
entitlements, grants, user fees, or loan Authority: 38 U.S.C. 501, and as noted in tariffs or agreed to in service contracts
programs or the rights and obligations of specific sections. filed with the Commission.
recipients thereof; or (4) Raise novel * * * * * Contemporaneous with the filing of
legal or policy issues arising out of legal Section 17.169 also issued under 38 U.S.C. service contracts, carriers are also
mandates, the President’s priorities, or 1712C. required to make available to the public
the principles set forth in this Executive * * * * * a concise statement of essential terms in
Order.’’ tariff format.
The economic, interagency, § 17.169 [Amended] In 1998, Congress passed the Ocean
budgetary, legal, and policy ■ 2. Amend § 17.169 by removing the Shipping Reform Act (OSRA), amending
implications of this final rule have been sectional authority citation. the Shipping Act of 1984 relating to
examined and determined not to be a service contracts. To facilitate
[FR Doc. 2017–06579 Filed 4–3–17; 8:45 am]
significant regulatory action under compliance and minimize the filing
BILLING CODE 8320–01–P
Executive Order 12866. VA’s impact burdens on the oceanborne commerce of
analysis can be found as a supporting the United States, service contracts and
document at http:// amendments effective after April 30,
FEDERAL MARITIME COMMISSION 1999, are required by FMC regulations
www.regulations.gov, usually within 48
hours after the rulemaking document is to be filed with the Commission in
46 CFR Parts 530 and 531 electronic format. This eliminated the
published. Additionally, a copy of the
[Docket No. 16–05] regulatory burden of filing in paper
rulemaking and its impact analysis are
format, thereby saving ocean carriers
available on VA’s Web site at http:// RIN 3072–AC53 both time and money. In addition,
www.va.gov/orpm/, by following the
OSRA reduced the essential terms that
link for ‘‘VA Regulations Published Amendments to Regulations
had to be made publicly available.1
From FY 2004 Through Fiscal Year to Governing Service Contracts and
Service contracts and amendments
Date.’’ NVOCC Service Arrangements
continue to be filed in the Commission’s
Catalog of Federal Domestic Assistance AGENCY: Federal Maritime Commission. electronic filing system, SERVCON.
ACTION: Final rule. In 2005, the Commission issued a rule
The Catalog of Federal Domestic exempting non-vessel-operating
Assistance numbers and titles for the SUMMARY: The Federal Maritime common carriers (NVOCCs) from certain
programs affected by this rule are 64.009 Commission (FMC or Commission) tariff publication requirements of the
Veterans Medical Care Benefits and amends its rules governing Service Shipping Act, pursuant to section 16 of
64.011 Veterans Dental Care. Contracts and NVOCC Service the Shipping Act, 46 U.S.C. 40103. 69
Arrangements. The rule is intended to FR 75850 (Dec. 20, 2004) (final rule).
Signing Authority Under the exemption, NVOCCs are
update and modernize the
The Secretary of Veterans Affairs, or Commission’s regulations and reduce relieved from certain Shipping Act tariff
designee, approved this document and the regulatory burden. requirements, provided that the carriage
authorized the undersigned to sign and DATES: Effective Date: May 5, 2017. in question is performed pursuant to an
submit the document to the Office of the NVOCC Service Arrangement (NSA)
FOR FURTHER INFORMATION CONTACT: For
Federal Register for publication technical questions, contact: Florence A.
nlaroche on DSK30NT082PROD with RULES
1 Prior to OSRA, contract rates were published in
electronically as an official document of Carr, Director, Bureau of Trade the essential terms tariff publication, thereby
the Department of Veterans Affairs. Gina Analysis, Federal Maritime allowing similarly situated shippers to request and
S. Farrisee, Deputy Chief of Staff, Commission, 800 North Capitol Street obtain similar terms. In enacting OSRA, Congress
limited the essential terms publication to the
Department of Veterans Affairs, NW., Washington, DC 20573–0001. following terms: The origin and destination port
approved this document on March 29, Phone: (202) 523–5796. Email: ranges, the commodities, the minimum volume or
2017, for publication. TradeAnalysis@fmc.gov. For legal portion, and the duration.
VerDate Sep<11>2014 15:40 Apr 03, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\04APR1.SGM 04APR1](https://thefederalregister.org/doc/82_FR_16350/page/2.svg)
Document Created: 2017-04-03 23:54:08
Document Modified: 2017-04-03 23:54:08
| 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: This rule is effective April 4, 2017. | |
| Contact | Bridget Souza, Deputy Director, Business Policy, Office of Community Care (10D), Veterans Health Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 382-2537. (This is not a toll-free number.) | |
| FR Citation | 82 FR 16287 | |
| RIN Number | 2900-AP91 | |
| CFR Associated | Administrative Practice and Procedure; Dental Health; Government Contracts; Health Care; Health Professions; Health Records and Veterans |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR