[Federal Register Volume 86, Number 17 (Thursday, January 28, 2021)]
[Rules and Regulations]
[Pages 7349-7350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-01904]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 17

RIN 2900-AP46


Prosthetic and Rehabilitative Items and Services; Delayed 
Effective Date

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; delay of effective date.

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SUMMARY: In accordance with the Presidential directive as expressed in 
the memorandum of January 20, 2021, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review'' and 
the OMB guidance M-21-14, ``Implementation of Memorandum Concerning 
Regulatory Freeze Pending Review'', both issued on January 20, 2021, 
this action temporarily delays until February 26, 2021 the effective 
date of the rule entitled Prosthetic and Rehabilitative

[[Page 7350]]

Items and Services, published in the Federal Register on December 28, 
2020, to allow Department of Veterans Affairs (VA) officials the 
opportunity for further review and consider the new regulations.

DATES: The effective date of the rule amending 38 CFR part 17 published 
at 85 FR 84245, December 28, 2020, is delayed until February 26, 2021.

FOR FURTHER INFORMATION CONTACT: Penny Nechanicky, National Program 
Director for Prosthetic and Sensory Aids Service (10P4RK), Department 
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420; 
[email protected]; (202) 461-0337. (This is not a toll-free 
number.)

SUPPLEMENTARY INFORMATION: 

Background

    This rulemaking adopts proposed amendments to VA's regulations 
governing the provision of prosthetic and rehabilitative items and 
services as medical services to veterans. It establishes a new section 
for the provision of prosthetic and rehabilitative items and services, 
clarifies eligibility for such items and services, and defines the 
types of prosthetic and rehabilitative items and services available to 
eligible veterans.
    VA bases this action on the Presidential directive as expressed in 
the memorandum of January 20, 2021, from the Assistant to the President 
and Chief of Staff, entitled ``Regulatory Freeze Pending Review.'' That 
memorandum directed the heads of Executive Departments and Agencies to 
consider temporarily postponing for 60 days from the date of the 
memorandum the effective dates of all regulations that had been 
published in the Federal Register but had not yet taken effect. The 
memorandum also noted certain exceptions that do not apply here. VA 
therefore is delaying the effective date for the rule entitled 
``Prosthetic and Rehabilitative Items and Services'' to February 26, 
2021, determining 30 days is sufficient time to assess without unduly 
impacting or delaying delivery of support and services.
    The Agency's implementation of this action without opportunity for 
public comment is based on the good cause exception in the 
Administrative Procedure Act, 5 U.S.C. 553(b)(B), in that seeking 
public comment would be impracticable, unnecessary and contrary to the 
public interest. The temporary delay in effective date until February 
26, 2021, will give Agency officials the opportunity to review and 
consider the new regulations, as required by the memorandum of the 
Assistant to the President and Chief of Staff, dated January 20, 2021. 
The Prosthetic and Rehabilitative Items and Services rule would have 
taken effect on January 27, 2021. The effective date for this 
regulation will be extended by 30 days from the original effective 
date. It would not have been possible to provide a meaningful 
opportunity for public comment prior to that effective date, and delay 
of the effective date is in the public interest because it allows an 
opportunity for the new Administration to consider the policy 
implications of the final rule before it becomes final. Thus, the good 
cause exception in 5 U.S.C. 553(b)(B) applies to VA's decision to 
extend the effective date of the Prosthetic and Rehabilitative Items 
and Services rule without first going through notice and comment.
    In taking this action, the Agency also invokes the good cause 
exception in 5 U.S.C. 553(d)(3), which allows the action to be 
immediately effective for ``good cause'' rather than subject to the 
requirement in the Administrative Procedure Act (5 U.S.C. 553(d)) that 
a minimum of 60 days is required before a rule may become effective. 
The nature of this action is to extend by 30 days the effective date of 
a final rule that otherwise would become effective on January 27, 2021. 
Seeking prior public comment on this postponement would have been 
impracticable, as well as contrary to the public interest, in the 
orderly issuance and implementation of regulations.

Signing Authority

    The Acting 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. Chris Diaz, Acting Chief of Staff and White House Liaison, 
Department of Veterans Affairs, approved this document on January 25, 
2021, for publication.

Consuela Benjamin,
Regulations Development Coordinator, Office of Regulation Policy & 
Management, Office of the Secretary, Department of Veterans Affairs.
[FR Doc. 2021-01904 Filed 1-26-21; 8:45 am]
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