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Home , November 3

51158 Federal Register / Vol. 82, No. 212 / Friday, 3, 2017 / Rules and Regulations

shall take effect immediately upon its Grasonville, MD. The deviation is from the operating regulations is publication. necessary to facilitate a routine authorized under 33 CFR 117.35. The DEA has submitted a copy of this inspection. This deviation allows the Dated: 31, 2017. temporary order to both Houses of bridge to remain in the closed-to- Hal R. Pitts, Congress and to the Comptroller navigation position. Bridge Program Manager, Fifth Coast Guard General, although such filing is not DATES: This deviation is effective from District. required under the Small Business 9 a.m. on , 2017, to 3 p.m. [FR Doc. 2017–24028 Filed 11–2–17; 8:45 am] Regulatory Enforcement Fairness Act of on , 2017. 1996 (Congressional Review Act), 5 BILLING CODE 9110–04–P ADDRESSES: U.S.C. 801–808, because as noted above, The docket for this this action is an order, not a rule. deviation [USCG–2017–0979] is available at http://www.regulations.gov. DEPARTMENT OF VETERANS List of Subjects in 21 CFR Part 1308 Type the docket number in the AFFAIRS Administrative practice and ‘‘SEARCH’’ box and click ‘‘SEARCH’’. procedure, Drug traffic control, Click on Open Docket Folder on the line 38 CFR Parts 61 and 62 Reporting and recordkeeping associated with this deviation. RIN 2900–AQ07 requirements. FOR FURTHER INFORMATION CONTACT: If For the reasons set out above, the DEA you have questions on this temporary Homeless Veterans amends 21 CFR part 1308 as follows: deviation, call or email Mr. Mickey AGENCY: Department of Veterans Affairs. Sanders, Bridge Administration Branch ACTION: Final rule. PART 1308—SCHEDULES OF Fifth District, Coast Guard; telephone CONTROLLED SUBSTANCES (757) 398–6587, email SUMMARY: The Department of Veterans [email protected]. Affairs (VA) is amending its regulations ■ 1. The authority citation for part 1308 SUPPLEMENTARY INFORMATION: that govern homeless veterans to continues to read as follows: The Maryland State Highway conform to recent statutory Authority: 21 U.S.C. 811, 812, 871(b), Administration, owner and operator of requirements. VA is amending the 956(b), unless otherwise noted. the U.S. Route 50/301 (Kent Narrows) definition of homeless veterans by ■ 2. Amend § 1308.11 by adding Bridge across the Kent Island Narrows, including veterans who would paragraph (h)(18) to read as follows: mile 1.0, at Grasonville, MD, has otherwise be ineligible to receive certain requested a temporary deviation from benefits because of their length of § 1308.11 Schedule I. the current operating schedule to service or type of discharge from the * * * * * accommodate a routine inspection. The Armed Forces. This rule will also (h) * * * bridge has a vertical clearance of 18 feet increase the payment of per diem in (18) methyl 2-(1-(4-fluorobenzyl)-1H- above mean high water (MHW) in the cases where homeless veterans are indazole-3-carboxamido)-3- closed position. placed in transitional housing that will methylbutanoate, its optical, positional, The current operating schedule is set become permanent housing. This final and geometric isomers, salts and salts of out in 33 CFR 117.561. Under this rule is an essential part of VA’s attempts isomers (Other names: FUB–AMB, temporary deviation, the bridge will to eliminate homelessness among the MMB–FUBINACA, AMB–FUBINACA) require 30 minutes advanced notice to veteran population. (7021) open from 9 a.m. on November 7, 2017, DATES: This final rule is effective * * * * * to 3 p.m. on November 9, 2017. 4, 2017. Dated: , 2017. The Kent Island Narrows is used by FOR FURTHER INFORMATION CONTACT: Guy Robert W. Patterson, a variety of vessels including small Liedke, [email protected], Program Analyst, Grant/Per Diem Program, (673/ Acting Administrator. commercial vessels, recreational vessels and tug and barge traffic. The Coast GPD), VA National Grant and Per Diem [FR Doc. 2017–24010 Filed 11–2–17; 8:45 am] Guard has carefully coordinated the Program Office, 10770 N. 46th Street, BILLING CODE 4410–09–P restrictions with waterway users in Suite C–200, Tampa, FL 33617, (877) publishing this temporary deviation. 332–0334. (This is a toll-free number.) Vessels able to pass through the SUPPLEMENTARY INFORMATION: In an DEPARTMENT OF HOMELAND bridge in the closed position do so effort to reduce homelessness in the SECURITY if at least 15 minutes notice is given. veteran population, Congress has Coast Guard The bridge will be able to open for required VA to expand its definition of emergencies and there is no immediate veteran as it applies to benefits for 33 CFR Part 117 alternate route for vessels unable to pass homeless veterans. See Public Law 114– through the bridge in the closed 315, sec. 701, 702, and 703 (Dec. 16, [Docket No. USCG–2017–0979] position. The Coast Guard will also 2016). This new definition will remove inform the users of the waterways restrictions on length of military service Drawbridge Operation Regulation; through our Local and Broadcast Notice for a homeless veteran receiving certain Kent Island Narrows, Grasonville, MD to Mariners of the change in operating benefits from VA, as well as authorize AGENCY: Coast Guard, DHS. schedule for the bridge so that vessel certain benefits for veterans with types ACTION: Notice of deviation from operators can arrange their transits to of discharges from the Armed Forces drawbridge regulation. minimize any impact caused by this that would normally bar an individual temporary deviation. from receiving VA benefits. Congress SUMMARY: The Coast Guard has issued a In accordance with 33 CFR 117.35(e), also required VA to increase the per temporary deviation from the operating the drawbridge must return to its regular diem payments for transitional housing schedule that governs the U.S. Route 50/ operating schedule immediately at the assistance that will become permanent 301 (Kent Narrows) Bridge across the end of this effective period of this housing for homeless veterans. See Kent Island Narrows, mile 1.0, at temporary deviation. This deviation Public Law 114–315, sec. 711 (Dec. 16,

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2016). This increase will compensate for implement section 711 of Public Law Executive Orders 12866 and 13563 the increase in operational costs 114–315. Executive Orders 12866 and 13563 associated with transitional housing Administrative Procedure Act direct agencies to assess the costs and assistance. This final rule amends VA’s benefits of available regulatory Homeless Providers Grant and Per Diem This final rule implements the mandates of sections 701, 702, 703 and alternatives and, when regulation is Program regulations, at title 38 Code of necessary, to select regulatory Federal Regulations (CFR) sections 61.1, 711 of Public Law 114–315. Section 705 of Public Law 114–315 mandates that approaches that maximize net benefits and 61.33, and Supportive Services for (including potential economic, Veteran Families Program regulation at VA have regulations in place to implement sections 701–704 of the law environmental, public health and safety 38 CFR 62.2, to accurately reflect these effects, and other advantages; changes in law. no later than 270 days after the enactment of the Public Law, which is distributive impacts; and equity). 61.1 Definitions 12, 2017. Similarly, section Executive Order 13563 (Improving Regulation and Regulatory Review) Section 61.1 defines the terms that 706 states ‘‘This subtitle and the amendments made by this subtitle shall emphasizes the importance of apply to the VA Homeless Providers quantifying both costs and benefits, Grant and Per Diem Program. VA apply to individuals seeking benefits under chapter 20 of title 38, United reducing costs, harmonizing rules, and defines the term veteran as ‘‘a person promoting flexibility. Executive Order who served in the active military, naval, States Code, before, on, and after the date of the enactment of this Act.’’ VA 12866 (Regulatory Planning and or air service, and who was discharged Review) defines a ‘‘significant or released there from under conditions has been applying the mandates of the Public Law, to include section 711, regulatory action,’’ requiring review by other than dishonorable.’’ We are the Office of Management and Budget amending the definition of veteran, as it since its enactment on , 2016, with no adverse impact and is (OMB), unless OMB waives such applies to this part, to now state that a review, as ‘‘any regulatory action that is veteran is a person who served in the merely codifying the Public Law into regulation. Accordingly, because this likely to result in a rule that may: (1) active military, naval, or air service, Have an annual effect on the economy regardless of length of service, and who rule simply incorporates current statutory requirements, it is exempt of $100 million or more or adversely was discharged or released therefrom. affect in a material way the economy, a The definition excludes a person who from the prior notice-and-comment and delayed-effective-date requirements, in sector of the economy, productivity, received a dishonorable discharge from competition, jobs, the environment, the Armed Forces or was discharged or accordance with 5 U.S.C. 553(b)(3)(B) and 553(d)(3). public health or safety, or State, local, dismissed from the Armed Forces by or tribal governments or communities; reason of the sentence of a general Effect of Rulemaking (2) Create a serious inconsistency or court-martial. This definition will also Title 38 of the Code of Federal otherwise interfere with an action taken incorporate section 703 of the Public Regulations, as revised by this final or planned by another agency; (3) Law by clarifying that ‘‘the length of rulemaking, represents VA’s Materially alter the budgetary impact of service restrictions under 38 U.S.C. implementation of its legal authority on entitlements, grants, user fees, or loan 5303A do not apply.’’ VA similarly this subject. Other than future programs or the rights and obligations of defines the term veteran in § 62.2 for the amendments to this regulation or recipients thereof; or (4) Raise novel Supportive Services for Veteran governing statutes, no contrary guidance legal or policy issues arising out of legal Families Program (SSVF). We are or procedures are authorized. All mandates, the President’s priorities, or amending the definition of veteran in existing or subsequent VA guidance the principles set forth in this Executive § 62.2, as it applies to part 62, to mirror must be read to conform with this Order.’’ the new definition of veteran in § 61.1. rulemaking if possible or, if not The economic, interagency, These amendments are made to possible, such guidance is superseded budgetary, legal, and policy implement sections 701, 702, and 703 of by this rulemaking. implications of this regulatory action Public Law 114–315. have been examined, and it has been Paperwork Reduction Act 61.33 Payment of Per Diem determined not to be a significant This final rule contains no provisions regulatory action under Executive Order Section 61.33 provides for the constituting a collection of information 12866. VA’s impact analysis can be payment of per diem for the VA under the Paperwork Reduction Act of found as a supporting document at Homeless Providers Grant and Per Diem 1995 (44 U.S.C. 3501–3521). http://www.regulations.gov, usually Program. Paragraph (b) establishes the within 48 hours after the rulemaking rate of payments for service to Regulatory Flexibility Act document is published. Additionally, a individual veterans. We are amending The Secretary hereby certifies that copy of the rulemaking and its impact § 61.33 to revise paragraph (b) this final rule will not have a significant analysis are available on VA’s Web site introductory text and add a new economic impact on a substantial at http://www.va.gov/orpm/, by paragraph (b)(3) to state that for a number of small entities as they are following the link for ‘‘VA Regulations veteran who is placed in housing that defined in the Regulatory Flexibility Published From FY 2004 Through Fiscal will become permanent housing for that Act, 5 U.S.C. 601–612. This final rule Year to Date.’’ veteran on termination of supportive will directly affect only those small housing services, the rate of payment entities who seek to participate in the Unfunded Mandates will be the lesser of 150 percent of the VA Homeless Providers Grant and Per The Unfunded Mandates Reform Act current VA state home program per Diem Program or SSVF. Therefore, of 1995 requires, at 2 U.S.C. 1532, that diem rate for domiciliary care, as set by pursuant to 5 U.S.C. 605(b), this agencies prepare an assessment of the Secretary under 38 U.S.C. 1741(a)(1) rulemaking would be exempt from the anticipated costs and benefits before or the daily cost of care estimated initial and final regulatory flexibility issuing any rule that may result in the pursuant to paragraph (b)(1) of the analysis requirements of 5 U.S.C. 603 expenditure by State, local, and tribal section. We are making these changes to and 604. governments, in the aggregate, or by the

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private sector, of $100 million or more Dated: , 2017. Authority: 38 U.S.C. 501, 2044, and as (adjusted annually for inflation) in any Michael Shores, noted in specific sections. one year. This final rule will have no Director, Office of Regulation Policy & ■ 5. Amend § 62.2 by revising the such effect on State, local, and tribal Management, Office of the Secretary, definition of ‘‘Veteran’’ to read as governments, or on the private sector. Department of Veterans Affairs. follows: Catalog of Federal Domestic Assistance For the reasons set forth in the § 62.2 Definitions. preamble, we are amending 38 CFR parts 61 and 62 as follows: * * * * * The Catalog of Federal Domestic Veteran means a person who served Assistance program number and title for in the active military, naval, or air this final rule are as follows: 64.024 VA PART 61—VA HOMELESS PROVIDERS GRANT AND PER DIEM PROGRAM service, regardless of length of service, Homeless Providers Grant and Per Diem and who was discharged or released Program; 64.033 VA Supportive ■ 1. The authority citation for part 61 therefrom. Veteran excludes a person Services for Veteran Families Program. continues to read as follows: who received a dishonorable discharge from the Armed Forces or was List of Subjects Authority: 38 U.S.C. 501, 2001, 2002, 2011, 2012, 2061, 2064. discharged or dismissed from the 38 CFR Part 61 Armed Forces by reason of the sentence ■ 2. Amend § 61.1 by revising the of a general court-martial. The length of Administrative practice and definition of ‘‘Veteran’’ to read as service restrictions under 38 U.S.C. procedure, Alcohol abuse, Alcoholism, follows: 5303A do not apply. Day care, Dental health, Drug abuse, § 61.1 Definitions. * * * * * Government contracts, Grant [FR Doc. 2017–23945 Filed 11–2–17; 8:45 am] * * * * * programs—health, Grant programs— BILLING CODE 8320–01–P veterans, Health care, Health facilities, Veteran means a person who served Health professions, Health records, in the active military, naval, or air service, regardless of length of service, Homeless, Mental health programs, ENVIRONMENTAL PROTECTION and who was discharged or released Reporting and recordkeeping AGENCY requirements, Travel and transportation therefrom. Veteran excludes a person expenses, Veterans. who received a dishonorable discharge 40 CFR Chapter I from the Armed Forces or was 38 CFR Part 62 discharged or dismissed from the [FRL–9970–25–OP] Armed Forces by reason of the sentence Final Report on Review of Agency Administrative practice and of a general court-martial. The length of Actions That Potentially Burden the procedure, Day care, Disability benefits, service restrictions under 38 U.S.C. Safe, Efficient Development of Government contracts, Grant 5303A do not apply. programs—health, Grant programs— Domestic Energy Resources Under * * * * * social services, Grant programs— Executive Order 13783 transportation, Grant programs— ■ 3. Amend § 61.33 by revising paragraph (b) introductory text and AGENCY: Environmental Protection veterans, Grants—housing and Agency (EPA). community development, Heath care, adding paragraph (b)(3) to read as follows: ACTION: Final report; notification of Homeless, Housing, Housing assistance availability. payments, Indian—lands, Individuals § 61.33 Payment of per diem. with disabilities, Low and moderate * * * * * SUMMARY: The EPA is announcing the availability of its Final Report on income housing, Manpower training (b) Rate of payments for individual Review of Agency Actions that program, Medicare, Medicaid, Public veterans. Except as provided in Potentially Burden the Safe, Efficient assistance programs, Public housing, paragraph (b)(3) of this section, the rate Development of Domestic Energy Relocation assistance, Rent subsidies, of per diem for each veteran in Resources Under Executive Order Reporting and recordkeeping supportive housing shall be the lesser 13738. requirements, Rural areas, Social of: security, Supplemental security income * * * * * DATES: November 3, 2017. (SSI), Travel and transportation (3) For a veteran who is placed in FOR FURTHER INFORMATION CONTACT: expenses, Unemployment housing that will become permanent Samantha Dravis, Office of Policy, Mail compensation, Veterans. housing for that veteran upon Code 1803–A, U.S. Environmental Protection Agency, 1200 Pennsylvania Signing Authority termination of supportive housing services, the rate of payment shall be the Avenue NW., Washington, DC 20460. The Secretary of Veterans Affairs, or lesser of 150 percent of the current VA Telephone: 202–564–4332; email designee, approved this document and state home program per diem rate for address: [email protected]. authorized the undersigned to sign and domiciliary care, as set by the Secretary SUPPLEMENTARY INFORMATION: On submit the document to the Office of the under 38 U.S.C. 1741(a)(1) or the daily 28, 2017, President Trump signed Federal Register for publication cost of care estimated pursuant to Executive Order 13783, Promoting electronically as an official document of paragraph (b)(1) of this section. Energy Independence and Economic the Department of Veterans Affairs. Gina * * * * * Growth. The Executive Order S. Farrisee, Deputy Chief of Staff, establishes a national policy to promote the clean and safe development of Department of Veterans Affairs, PART 62—SUPPORTIVE SERVICES domestic energy resources while approved this document on , FOR VETERAN FAMILIES PROGRAM avoiding unnecessary regulatory 2017, for publication. ■ 4. The authority citation for part 62 burdens. It directs federal agencies to continues to read as follows: ‘‘review all existing regulations, orders,

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