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Federal Register / Vol. 71, No.

228 / Tuesday, November 28, 2006 / Rules and Regulations 68739

DEPARTMENT OF DEFENSE circumstances where the patient or regulatory approaches that maximize
surrogate signs with an ‘‘X’’ due to a net benefits (including potential
Office of the Secretary debilitating illness or disability, i.e., economic, environmental, public health
significant physical impairment and/or and safety, and other advantages;
32 CFR Part 235 difficulty in executing a signature due to distributive impacts; and equity). The
an underlying health condition(s), or is Order classifies a rule as a significant
unable to read and write. regulatory action requiring review by
RIN 0790–AH86 DATES: Effective Date: December 28, the Office of Management and Budget if
2006. it meets any one of a number of
Sale or Rental of Sexually Explicit specified conditions, including: having
an annual affect on the economy of $100
Instruction 4105.70) Ruth Cecire, PhD., Policy Analyst,
million or more, creating a serious
Ethics Policy Service, National Center
AGENCY: Department of Defense. inconsistency or interfering with an
for Ethics in Health Care (10E), Veterans
action of another agency, materially
ACTION: Final rule; correction. Health Administration, Department of
altering the budgetary impact of
Veterans Affairs, 810 Vermont Avenue,
SUMMARY: On Wednesday, November entitlements or the rights of entitlement
NW., Washington, DC 20420; 202–501–
15, 2006 (71 FR 66457), the Department recipients, or raising novel legal or
2012 (this is not a toll-free number).
of Defense published a final rule, ‘‘Sale policy issues. VA has examined the
SUPPLEMENTARY INFORMATION: In a economic, legal, and policy implications
or Rental of Sexually Explicit Material document published in the Federal
on DoD Property (DoD Instruction of this final rule and concluded that it
Register on March 9, 2006 (71 FR 5204), is a significant regulatory action because
4105.70)’’. This document corrects an VA proposed to amend its medical
error in the summary. it raises novel policy issues.
regulations at 38 CFR 17.32 on informed
consent. Specifically, it proposed to Regulatory Flexibility Act
DATES: Effective Date: December 15, extend the time during which a signed
2006. consent form is valid from 30 to 60 The Secretary hereby certifies that
days. Also, it proposed to eliminate the this rule will not have a significant
requirement that a consent form be economic impact on a substantial
Commander F. Stich, 703–602–4590. number of small entities as they are
witnessed, except in those situations
Correction where the patient or surrogate signs defined in the Regulatory Flexibility
with an ‘‘X’’ due to a debilitating illness Act, 5 U.S.C. 601–612. The rule will
In Federal Register at 71 FR 66457,
or disability. VA provided a 60-day affect only individuals and will not
the SUMMARY of the notice, ‘‘10 U.S.C.
comment period that ended on May 6, directly affect any small entities.
2489a’’ is corrected to read ‘‘10 U.S.C.
2006. No comments were received. Therefore, pursuant to 5 U.S.C. 605(b),
2495b’’. All other information remains
Based on the rationale set forth in the this rule is exempt from the initial and
proposed rule and those contained in final regulatory flexibility analysis
Dated: November 21, 2006. requirements of sections 603 and 604.
this document, we are adopting the
L.M. Bynum,
provisions of the proposed rule as a Catalog of Federal Domestic Assistance
Alternate OSD Federal Register Liaison final rule without change.
Officer, DoD.
The Catalog of Federal Domestic
[FR Doc. 06–9417 Filed 11–27–06; 8:45 am] Unfunded Mandates Assistance numbers and titles for the
BILLING CODE 5001–06–M The Unfunded Mandates Reform Act programs affected by this document are
of 1995 requires, at 2 U.S.C. 1532, that 64.009, Veterans Medical Care Benefits;
agencies prepare an assessment of 64.010, Veterans Nursing Home Care;
DEPARTMENT OF VETERANS anticipated costs and benefits before and 64.011, Veterans Dental Care.
AFFAIRS issuing any rule that may result in an
expenditure by State, local, and tribal List of Subjects in 38 CFR Part 17
38 CFR Part 17 governments, in the aggregate, or by the Administrative practice and
RIN 2900–AM19 private sector, of $100 million or more procedure, Alcohol abuse, Alcoholism,
(adjusted annually for inflation) in any Claims, Day care, Dental health, Drug
Medical: Informed Consent—Extension given year. This rule has no such effect abuse, Foreign relations, Government
of Time Period and Modification of on State, local, and tribal governments, contracts, Grant programs-health, Grant
Witness Requirement for Signature or on the private sector. programs-veterans, Health care, Health
Consent Paperwork Reduction Act of 1995 facilities, Health professions, Health
AGENCY: Department of Veterans Affairs. records, Homeless, Medical and dental
This rule contains no new collections
schools, Medical devices, Medical
ACTION: Final rule. of information under the Paperwork
research, Mental health programs,
Reduction Act (44 U.S.C. 3501–3521).
SUMMARY: This document adopts as a Nursing homes, Philippines, Reporting
The existing information collections
final rule the proposed rule amending and recordkeeping requirements,
associated with the informed consent
the Department of Veterans Affairs (VA) Scholarships and fellowships, Travel
procedures under § 17.32 have been
medical regulations on informed and transportation expenses, Veterans.
approved by the Office of Management
consent. This final rule extends the and Budget (OMB) under 2900–0583. Approved: October 23, 2006.
period of time during which a signed
mstockstill on PROD1PC61 with RULES

Gordon H. Mansfield,
consent form remains valid from 30 to Executive Order 12866
Deputy Secretary of Veterans Affairs.
60 days and eliminates the requirement Executive Order 12866 directs
that a third-party witness the patient or agencies to assess all costs and benefits ■ For the reasons set out in the
surrogate and practitioner signing the of available regulatory alternatives and, preamble, VA amends 38 CFR part 17 to
consent form, except in those when regulation is necessary, to select read as follows:

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