Interim Final Rule

Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Rules and Regulations
PART 880—GENERAL HOSPITAL AND
PERSONAL USE DEVICES
7. The authority citation for part 880
continues to read as follows:

■

Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.

8. In § 880.6710, revise paragraph (b)
to read as follows:

■

§ 880.6710
purifier.

Medical ultraviolet water

*

*
*
*
*
(b) Classification. Class II
(performance standards). The device is
exempt from the premarket notification
procedures in part 807, subpart E, of
this chapter subject to the limitations in
§ 880.9.
PART 884—OBSTETRICAL AND
GYNECOLOGICAL DEVICES

9. The authority citation for part 884
continues to read as follows:

■

Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.

10 In § 884.5960, revise paragraph (b)
to read as follows:

■

§ 884.5960
use.

Genital vibrator for therapeutic

*

*
*
*
*
(b) Classification. Class II
(performance standards). The device is
exempt from the premarket notification
procedures in part 807, subpart E, of
this chapter subject to the limitations in
§ 884.9.

Dated: May 29, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018–11879 Filed 6–1–18; 8:45 am]
BILLING CODE 4164–01–P

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AQ15

Case Management Services Grant
Program
Department of Veterans Affairs.
Interim final rule.

AGENCY:
ACTION:

The Department of Veterans
Affairs (VA) is amending its regulations
that govern programs benefitting
homeless veterans to implement a new
statutory requirement to establish a new
grant program that will provide case
management services to improve the
retention of housing by veterans who
were previously homeless and are
transitioning to permanent housing and

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SUMMARY:

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to veterans who are at risk of becoming
homeless. The grant program
established by this interim final rule
will be an essential part of VA’s
attempts to eliminate homelessness
among the veteran population.
DATES: This final rule is effective June
5, 2018. Comments must be received on
or before August 6, 2018.
ADDRESSES: Written comments may be
submitted through http://
www.Regulations.gov; by mail or handdelivery to: Director, Regulation Policy
and Management (00REG), Department
of Veterans Affairs, 810 Vermont Ave.
NW, Room 1063B, Washington, DC
20420; or by fax to (202) 273–9026.
(This is not a toll-free telephone
number.) Comments should indicate
that they are submitted in response to
‘‘RIN 2900–AQ15—Case Management
Services Grant Program.’’ Copies of
comments received will be available for
public inspection in the Office of
Regulation Policy and Management,
Room 1063B, between the hours of 8
a.m. and 4:30 p.m., Monday through
Friday (except holidays). Please call
(202) 461–4902 for an appointment.
(This is not a toll-free telephone
number.) In addition, during the
comment period, comments may be
viewed online through the Federal
Docket Management System (FDMS) at
http://www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Jeffery Quarles, Director, Grant and Per
Diem Program, (10NC1HM), VA
National Grant and Per Diem Program
Office, 10770 N 46th Street, Suite C–
200, Tampa, FL 33617, (877) 332–0334.
(This is a toll-free number.)
SUPPLEMENTARY INFORMATION: In an
effort to reduce homelessness in the
veteran population, Congress has
required VA to expand its benefits for
homeless veterans by establishing a new
grant program to provide funds to
organizations within communities that
will provide case management services
to improve the retention of housing by
veterans who were previously homeless
and are transitioning to permanent
housing and to veterans who are at risk
of becoming homeless. See Public Law
114–315, sec. 712 (Dec. 16, 2016)
(codified at 38 U.S.C. 2013). This
interim final rule adds this new case
management program to VA’s Homeless
Providers Grant and Per Diem Program
regulations by adding a new subpart G
to 38 CFR part 61 to accurately reflect
these changes in law. The new case
management program will mirror
existing homeless grant per diem
programs as much as possible for ease
of administrating and running the new
grant program.

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25915

61.90 Grant for Case Management
Services—Program
Paragraph (a) of § 61.90 states that
non-profit organizations and State,
local, and tribal governments are
eligible to apply for a grant to provide
case management services. (For
purposes of this program, the term
‘‘tribal government’’ means an entity
described in paragraph (2) of the
definition of public entity in 38 CFR
61.1.) To ensure that grant funding is
used to provide case management
services to as many veterans as possible,
this same paragraph provides that case
management services grant funds under
this program ‘‘may not be used for
veterans who are receiving case
management services from permanent
supportive housing programs (e.g.
Housing and Urban Development-VA
Supportive Housing) or rapid rehousing/homeless prevention programs
(e.g. Supportive Services for Veterans
Families (SSVF)).’’ Paragraph (b)
identifies examples of case management
services that grantees can provide using
these grant funds. Such services
include, but are not limited to, ‘‘Making
home visits by the case manager to
monitor housing stability; Providing or
coordinating educational activities
related to meal planning, tenant
responsibilities, the use of public
transportation, community resources,
financial management, and the
development of natural supports;
Making referrals to needed services,
such as mental health, substance use
disorder, medical, and employment
services; and Participating in case
conferencing with other service
providers who are working with the
veteran.’’ Paragraph (c) sets a 6-month
time limit for veterans to receive case
management services. However, VA
may approve a request to extend
services beyond the 6-month period if
an organization submits a request to VA
in writing and VA approves it before the
6-month time limit expires. Because in
most circumstances case management
services are provided to veterans after
they have been in receipt of benefits
under the Grant and Per Diem Program,
VA believes that 6 months would, in
most cases, be sufficient time for a
veteran to have the necessary tools in
place to retain permanent housing.
61.92 Grant for Case Management
Services—Application and Rating
Criteria
For ease of administration and
internal consistency between grant
programs benefiting homeless veterans,
VA will, to the extent applicable and
appropriate, adopt standards for the

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new case management services grant
program from its existing capital grants
program. VA has successfully used the
application package requirements and
rating criteria for the capital grants
program found in in §§ 61.12 and 61.13
for other grant programs. See §§ 61.32
and 61.41, We, therefore, adopt these
requirements and rating criteria as
relevant and slightly modified to meet
the needs of the case management
services grant program, expecting their
use will render equally successful
results here. Specifically, an applicant
must submit an application package for
case management services grants, which
must:
• Be on the correct application form.
• Be completed in all parts, including
all information requested in the Notice
of Fund Availability (NOFA).
• Include a signed Application for
Federal Assistance (SF 424) that
contains the Employer Identification
Number or Taxpayer Identification
Number (EIN/TIN) that corresponds to
the applicant’s Internal Revenue Service
(IRS) 501(c)(3) or (19) determination
letter. Applicants that apply under a
group EIN/TIN must be identified by the
parent EIN/TIN as a member or sub-unit
of the parent EIN/TIN and provide
supporting documentation.
• Be received before the deadline
specified by the NOFA.
In addition, the applicant must be an
eligible entity at the time of application;
the activities for which funding is
requested must be eligible for funding
under this subpart; the applicant must
submit an application and agree to
comply with the requirements of this
subpart and demonstrate the capacity to
do so; the applicant must not have any
outstanding obligation to VA that is in
arrears, or have an overdue or
unsatisfactory response to an audit; and,
the applicant must not have been
notified by VA as being in default. If the
applicant does not meet any one of
these requirements, the application will
be rejected without further
consideration.
As to the rating criteria, the criteria in
§ 61.13 have been adopted and modified
for purposes of this more narrow
program, as listed in full in the
regulatory text. So, an applicant under
this program must receive at least 750
points out of a possible 1000 in order to
be considered eligible to receive a grant
for case management services. Generally
speaking, VA will grant points as
follows: Up to 400 points for project
planning; up to 200 points for the
applicant’s ability to develop and
operate a project; up to 150 points for
the demonstration of a substantial
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formerly homeless veterans; up to 50
points based on the review panel’s
confidence that the applicant has
effectively demonstrated that the grant
can be completed as described in the
application; and up to 200 points for
demonstrating the applicant has
coordinated with Federal, state, local,
private and other entities serving
homeless persons or persons at risk for
homelessness in the planning and
operation of the case management
services project.
61.94 Grant for Case Management
Services—Selection of Grantees
Section 61.94 describes the selection
process for grants available under this
subpart and sets out the priorities
among applicants as established in the
law. Public Law 114–315 mandates that
VA give extra priority to organizations
that voluntarily stop receiving amounts
provided by the Secretary under
sections 2012 and 2061 of title 38 and
converts a facility that the organization
used to provide transitional housing
services into a facility that the
organization uses to provide permanent
housing that meets housing quality
standards established under section
8(o)(8)(B) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(8)(B)).
This extra priority is provided for in
paragraph (a)(1) of § 61.94. We would
add that in order to obtain this extra
priority, organizations must provide
documentation showing that the
permanent housing meets these housing
quality standards. VA will thus award
case management services grants first to
applicants whose applications that meet
the criteria of § 61.94(a)(1). The Public
Law also states that VA shall give
priority to organizations that
demonstrate a capability to provide case
management services . . . particularly
organizations that are successfully
providing or have successfully provided
transitional housing services using
amounts provided by the Secretary
under sections 2012 and 2061 of title 38.
We are stating this priority in paragraph
(a)(2). So, once all applications
described in the ‘‘extra priority’’
paragraph are awarded a grant, VA will
award grants to those who qualify for
priority under paragraph (a)(2).
Paragraph (a)(3) provides that VA may
also consider applications from other
organizations without a Grant and Per
Diem grant that seek to provide time
limited case management services ‘‘to
formerly homeless veterans who have
exited VA transitional housing or other
VA homeless residential treatment
services to permanent housing.’’ In
order to permit VA to rank applications
for these grants within each priority,

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paragraph (b) will state that within each
of the three priorities in paragraph (a),
an application with more points using
the rating criteria in § 61.92(b) will be
given a higher priority for a grant award.
Ranking applications within each
priority would be needed if VA only has
enough funds to award grants to some
but not all applicants in one of the
above priorities.
61.96 Grant for Case Management
Services—Awards
Section 61.96 describes the award and
funding process for grants available
under this subpart and identifies
permissible uses for the grant funds.
Paragraph (a) states that funding for
grants for case management services
will be offered from the Grant and Per
Diem Program budget and will be
annually limited by VA’s funding
availability and commitments to
existing programs. VA’s aim is to alert
potential applicants that yearly funding
for the program may vary, which will be
stated in the NOFA. Because the
available funding for the grants for case
management services is limited,
paragraph (b) identifies the limited
authorized uses of grant funds for costs
associated with administrating these
grants. Specifically, case management
services grant funds may be used for the
following administrative purposes:
Providing funding for case management
staff; providing transportation for the
case manager; providing cell phones
and computers to facilitate home visits
and other case management activities
associated with the grant; and,
providing office furniture for the use of
the case management staff. For all grants
awarded under this section, VA will
incorporate into the grant agreements
the agreement and funding actions
described in § 61.61, which currently
apply to the Grant and Per Diem
Program. This will help align operations
for this new grant program with current
Grant and Per Diem Program practices.
Paragraph (c) therefore states that VA
will execute an agreement and make
payments to the grantee in accordance
with the award and funding actions
applicable to the Grant and Per Diem
Program as described in § 61.61.
61.98 Grant for Case Management
Services—Requirements and Oversight
Section 61.98 provides that VA will
oversee grants to make certain that
grantees operate their programs in
accordance with the requirements of
§§ 61.90 through 61.98. VA’s oversight
responsibilities include reviewing and
responding to requests from grantees for
extensions to the otherwise applicable
maximum 6-month time limit. Further,

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this section states that grantees must
also comply with the requirements of 38
CFR 61.65, 61.67(d), 61.67(e), and
61.80(c), (g), (h), (i), (n), (o), (p), and (q).
Section 61.80 sets forth requirements for
supportive housing and service centers
for which assistance is provided under
part 61. The assistance provided with
case management services grants will
not be for the construction, acquisition,
renovation, or operation of supportive
housing or service centers. We will thus
not require grantees under this program
to comply with those requirements in
§ 61.80 pertaining to housing and
service centers. For example, VA will
not require the housing in which the
veterans who obtain services under this
program reside to comply with the Life
Safety code and state and local housing
codes, licensing requirements, fire and
safety requirements, or any other State
of local requirements as would be
otherwise imposed under § 61.80(a). We
will also not require that supportive
housing in which veterans who receive
assistance under this program reside
comply with the structural, space, and
operational requirements in § 61.80(b)
through (f), (m), and (r). We will not
require compliance under this program
with the requirements for service
centers in § 61.80(k) and (l). Finally, we
have addressed the requirements in
§ 61.80(j) by providing that VA may
disapprove use of services provided by
the grantee if VA determines that such
services are of unacceptable quality in
which case grant funds may not be used
to pay for such services. VA lacks the
authority to manage private or public
entities and can only select grantees and
oversee compliance with the terms of
grant agreements consistent with
§§ 61.90 through 61.98. VA similarly
inspects and provides oversight to other
Grant and Per Diem programs as a
means to verify that grant funds and
services are properly delivered by the
grantee. As all transitional housing
grants have some form of case
management, we will apply the
oversight requirements of 38 CFR part
61, subpart F, (in addition to those
specifically listed above in § 61.80) as
applicable, to grantees in the case
management services program.
Administrative Procedure Act
In accordance with U.S.C. 553(b)(B)
and (d)(3), the Secretary of Veterans
Affairs has concluded that there is 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
implements the mandates of section 712
of Public Law 114–315. Section 712
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place to implement this section no later
than one year after the date of the
enactment of the Public Law, which was
December 16, 2017. One of VA’s top
priorities is the elimination of
homelessness among the veteran
population. This rule will, in support of
this goal, provide veterans with case
management services that will assist
them in obtaining and maintaining
permanent housing. This rule
incorporates statutory requirements and
complements the already existing Grant
and Per Diem Program. The additional
time associated with a public comment
period would disadvantage and cause
hardship to veterans who are in
immediate or near-future need of the
case management services available
under this program (to avoid lapsing to
a state of homelessness) and therefore
would be contrary to the public interest.
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. For the above reason, the Secretary
issues this rule as an interim final rule
with an immediate effective date. VA
will consider and address comments
that are received within 60 days of the
date this interim final rule is published
in the Federal Register.
Effect of Rulemaking
Title 38 of the Code of Federal
Regulations, as revised by this interim
final rule, 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 rule
if possible or, if not possible, such
guidance is superseded by this rule.
Paperwork Reduction Act
This interim final rule includes a
provision constituting a collection of
information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3521) that requires approval by the
Office of Management and Budget
(OMB). Accordingly, under 44 U.S.C.
3507(d), VA has submitted a copy of
this rulemaking to OMB for review.
OMB assigns control numbers to
collections of information it approves.
VA may not conduct or sponsor, and a
person is not required to respond to, a
collection of information unless it
displays a currently valid OMB control
number. Section 61.92 contains a
collection of information under the
Paperwork Reduction Act of 1995. If
OMB does not approve the collection of

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25917

information as requested, VA will
immediately remove the provision
containing a collection of information or
take such other action as is directed by
OMB.
Comments on the collection of
information contained in this interim
final rule should be submitted to the
Office of Management and Budget,
Attention: Desk Officer for the
Department of Veterans Affairs, Office
of Information and Regulatory Affairs,
Washington, DC 20503, with copies sent
by mail or hand delivery to the Director,
Regulations Management (00REG),
Department of Veterans Affairs, 810
Vermont Avenue NW, Room 1068,
Washington, DC 20420; fax to (202)
273–9026; or through
www.Regulations.gov. Comments
should indicate that they are submitted
in response to ‘‘RIN 2900–AQ15 Case
Management Services Grant Program.’’
OMB is required to make a decision
concerning the collections of
information contained in this interim
final rule between 30 and 60 days after
publication of this document in the
Federal Register. Therefore, a comment
to OMB is best assured of having its full
effect if the comment is received within
30 days of publication. This does not
affect the 60-day deadline for the public
to comment on the interim final rule.
VA considers comments by the public
on proposed collections of information
in—
• Evaluating whether the proposed
collections of information are necessary
for the proper performance of the
functions of VA, including whether the
information will have practical utility;
• Evaluating the accuracy of VA’s
estimate of the burden of the proposed
collections of information, including the
validity of the methodology and
assumptions used;
• Enhancing the quality, usefulness,
and clarity of the information to be
collected; and
• Minimizing the burden of the
collections of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
The collections of information
contained in regulatory section 38 CFR
61.92 are described immediately
following this paragraph, under their
respective titles.
Title: Case Management Services
Grant Program.
Summary of collection of information:
Paragraph (a) requires that the applicant
must meet the application requirements

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in this paragraph (a) or the application
will be rejected and not considered
further. Such documentation must be
submitted to VA by the deadline
established in the Notice of Fund
Availability.
Description of the need for
information and use of information: The
information is needed to establish
eligibility for a case management
services grant.
Description of likely respondents:
Non-profit organizations, State and local
governments, or Tribal Indian
governments who seek to receive a case
management services grant.
Estimated number of respondents per
month/year: 100.
Estimated frequency of responses per
month/year: 1 time per year.
Estimated average burden per
response: 35 minutes.
Estimated total annual reporting and
recordkeeping burden: 58 hours.

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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
will only impact those entities that
choose to participate and apply for a
grant. Small entity applicants will not
be affected to a greater extent than large
entity applicants. Small entities must
elect to participate, and it is considered
a benefit to those who choose to apply.
To the extent this final rule will have
any impact on small entities, it will not
have an impact on a substantial number
of small entities. VA estimates that
possibly up to 150 organizations will
submit grant applications under this
program and so be affected by this rule.
The Secretary therefore certifies that the
adoption of 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.
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, 13563 and
13771
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;

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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 website at
http://www.va.gov/orpm/, by following
the link for ‘‘VA Regulations Published
From FY 2004 Through Fiscal Year to
Date.’’ This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
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 interim final rule will
have no such effect on State, local, and
tribal governments, or the private sector.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance program number and title for
this interim final rule are as follows:

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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.
Jacquelyn Hayes-Byrd, Acting Chief of
Staff, Department of Veterans Affairs,
approved this document on May 31,
2018, for publication.
Dated: May 31, 2018.
Consuela Benjamin,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of the Secretary, Department of Veterans
Affairs.

List of Subjects in 38 CFR Part 61
Administrative practice and
procedure, Alcohol abuse, Alcoholism,
Day care, Dental health, Drug abuse,
Government contracts, Grant
programs—health, Grant programsveterans, Health care, Health facilities,
Health professions, Health records,
Homeless, Mental health programs,
Reporting and recordkeeping
requirements, Travel and transportation
expenses, Veterans.
For the reasons set forth in the
preamble, we are amending 38 CFR part
61 as follows:
PART 61—VA HOMELESS PROVIDERS
GRANT AND PER DIEM PROGRAM
1. The authority citation for part 61 is
revised to read as follows:

■

Authority: 38 U.S.C. 501, 2001, 2002, 2011,
2012, 2013, 2061, 2064.
■

2. Add subpart G to read as follows:

Subpart G—Case Management Services
Grant Program
Sec.
61.90 Grant for case management services—
program.
61.92 Grant for case management services—
application and rating criteria.
61.94 Grant for case management services—
selection of grantees.
61.96 Grant for case management services—
awards.
61.98 Grant for case management services—
requirements and oversight.
§ 61.90 Grant for case management
services—program.

(a) General. VA may award grants for
case management services to non-profit
organizations and State, local and tribal
governments for the provision of case
management services to improve the
retention of housing by veterans who
were previously homeless and are

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transitioning to permanent housing and
to veterans who are at risk of becoming
homeless. (For purposes of this
program, the term ‘‘tribal government’’
means an entity described in paragraph
(2) of the definition of ‘‘public entity’’
in 38 CFR 61.1.) The goals of the grant
program are: The maintenance of
permanent housing by a veteran
following discharge from homeless
residential services, a reduction in
recidivism, and an increase in exits to
permanent housing. These grant funds
may not be used for veterans who are
receiving case management services
from permanent supportive housing
programs (e.g. Housing and Urban
Development—VA Supportive Housing)
or rapid re-housing/homeless
prevention programs (e.g. Supportive
Services for Veterans Families (SSVF)).
(b) Case management services. Case
management services include, but are
not limited to, the following:
(1) Making home visits by the case
manager to monitor housing stability;
(2) Providing or coordinating
educational activities related to meal
planning, tenant responsibilities, the
use of public transportation, community
resources, financial management, and
the development of natural supports;
(3) Making referrals to needed
services, such as mental health,
substance use disorder, medical, and
employment services; and
(4) Participating in case conferencing
with other service providers who are
working with the veteran.
(c) Time limit. Case management
services may be provided for a
particular veteran for up to 6 months,
unless VA receives and approves a
written request for additional time
before the 6-month time limit expires.

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§ 61.92 Grant for case management
services—application and rating criteria.

(a) General requirements. When funds
are available for grants for case
management services authorized under
§§ 61.90 through 61.98, VA will publish
a Notice of Fund Availability (NOFA) in
the Federal Register in accordance with
§ 61.3. The applicant must meet all of
the following requirements or the
application will be rejected without
further consideration:
(1) The applicant must submit an
application and comply with the
application requirements identified in
the NOFA, e.g., complete all parts of the
correct form and include all information
requested in the NOFA.
(2) Include a signed Application for
Federal Assistance (SF 424) that
contains the applicant’s Employer
Identification Number or Taxpayer
Identification Number (EIN/TIN). All

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non-profit applicants must provide their
Internal Revenue Service 501(c)(3) or
(19) determination letter, which
includes the EIN/TIN contained in the
application. Applicants that apply
under a group EIN/TIN must be
identified by the parent EIN/TIN as a
member or sub-unit of the parent EIN/
TIN and provide supporting
documentation.
(3) The application must be received
before the deadline established in the
NOFA.
(4) The applicant must be a nonprofit
organization or a State, local, or tribal
government.
(5) The activities for which assistance
is requested must be eligible for funding
under §§ 61.90–61.98.
(6) The applicant must agree to
comply with the requirements of
§§ 61.90 through 61.98 and demonstrate
the capacity to do so.
(7) The applicant must not have an
outstanding obligation to VA that is in
arrears, or have an overdue or
unsatisfactory response to an audit.
(8) The applicant must not have been
notified by VA as being in default.
(b) Rating criteria. To be eligible for
a case management grant, an applicant
must receive at least 750 points (out of
a possible 1000) and must receive points
under paragraphs (c) through (f) of this
section.
(c) Project plan. VA will award up to
400 points based on the demonstration
and quality of the following:
(1) The process used for deciding
which veterans are referred and
accepted for case management services.
(2) How, when, and by whom the
progress of participants who are
receiving case management services
toward meeting their individual goals
will be monitored, evaluated, and
documented. This monitoring includes,
but is not limited to, a description of
how home visits would be provided and
the general purpose and frequency
anticipated of the home visits.
(3) How the participant’s system of
natural supports would be assessed and
developed.
(4) How crisis intervention services
will be coordinated, as needed, to
promote the maintenance of permanent
housing, access to medical care, mental
health or substance use disorder
treatment.
(5) How the applicant will provide
education to case management
participants, as needed, in the areas of
tenant rights and responsibilities,
rental/lease agreements, landlords rights
and responsibilities, and budgeting.
(6) How case management services
will be phased out.

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(d) Ability of the applicant to develop
and operate a project. VA will award up
to 200 points based on the extent to
which the applicant demonstrates the
necessary staff and organizational
experience to develop and operate the
proposed project, based on the
following:
(1) Staffing plan for the project that
reflects the appropriate professional
staff, both administrative and clinical;
(2) Experience of staff, or if staff is not
yet hired, position descriptions and
expectations of time to hire;
(3) Applicant’s previous experience
assessing and providing for the housing
needs of formerly homeless veterans;
(4) Applicant’s previous experience in
providing case management services to
assist persons in maintaining permanent
housing;
(5) Applicant’s previous experience in
coordinating crisis intervention
services, including medical, mental
health, and substance use disorder
services.
(6) Applicant’s experience in working
with local landlords as part of providing
housing support services.
(7) Historical documentation of past
performance both with VA and non-VA
projects, including those from other
Federal, state and local agencies, and
audits by private or public entities.
(e) Need. VA will award up to 150
points based on the extent to which the
applicant demonstrates:
(1) Substantial unmet need for
formerly homeless veterans who have
exited homeless transitional housing or
residential services and are in need of
time limited case management to
maintain permanent housing.
Demonstration of need must be based on
reliable data from reports or other data
gathering systems that directly support
claims made; and
(2) An understanding of the formerly
homeless population to be served and
its supportive service needs.
(f) Completion confidence. VA will
award up to 50 points based on the
review panel’s confidence that the
applicant has effectively demonstrated
the case management services project
will be completed as described in the
application. VA may use historical
program documents demonstrating the
applicant’s past performance, including
those from other Federal, state and local
agencies, as well as audits by private or
public entities in determining
confidence scores.
(g) Coordination with other programs.
VA will award up to 200 points based
on the extent to which the applicant
demonstrates that it has coordinated
with Federal, state, local, private, and
other entities serving homeless persons

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Federal Register / Vol. 83, No. 108 / Tuesday, June 5, 2018 / Rules and Regulations

or persons at risk for homelessness in
the planning and operation of the case
management services project. Such
entities include, but are not limited to,
shelters, transitional housing, Public
Housing Authorities, health care or
social service providers, providers
funded through Federal initiatives, local
planning coalitions or provider
associations, or other program providers
relevant to the needs of formerly
homeless veterans in the local
community. Applicants are required to
demonstrate that they have coordinated
with the VA medical facility of
jurisdiction or VA regional office of
jurisdiction in their area. VA will award
up to 50 points of the 200 points based
on the extent to which commitments to
provide supportive services are
documented at the time of application.
Up to 150 points of the 200 points will
be given to the extent applicants
demonstrate that:
(1) They are part of an ongoing
community-wide planning process
within the framework described in this
section, which is designed to share
information on available resources and
reduce duplication among programs that
serve homeless veterans (e.g.
Continuum of Care);
(2) They have consulted directly with
the closest VA medical facility and
other providers within the framework
described in this section regarding
coordination of services for project
participants; and
(3) They have coordinated with the
closest VA medical facility their plan to
assure access to health care, case
management, and other care services.
(Approved by the Office of Management and
Budget under control number 2900–XXXX.)

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§ 61.94 Grant for case management
services—selection of grantees.

(a) Award priority. Grants for case
management services will be awarded in
order of priority as follows:
(1) VA will give extra priority to
grants for case management services to
applications from operational Grant and
Per Diem funded organizations that
have given up per diem or special need
funding and converted their transitional
housing to permanent housing. In order
to obtain this extra priority,
organizations must provide
documentation showing that their
permanent housing meets the quality
housing standards established under
section 8(o)(8)(B) of the United States
Housing Act of 1937 (42 U.S.C.
1437f(o)(8)(B)).
(2) VA will give priority to
applications from organizations that
demonstrate a capability to provide case
management services, particularly

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organizations that are successfully
providing or have successfully provided
transitional housing services using
grants provided by VA under 38 U.S.C.
2012 and 2061.
(3) Applications from other
organizations without a Grant and Per
Diem grant that seek to provide time
limited case management to formerly
homeless veterans who have exited VA
transitional housing or other VA
homeless residential treatment services
to permanent housing.
(b) Higher award priority. Within each
of the three priorities in paragraph (a) of
this section, an application with more
points using the rating criteria in
§ 61.92(b) will be given a higher priority
for a grant award.
§ 61.96 Grant for case management
services—awards.

(a) Funding. Grants for case
management services will be offered
from the current Grant and Per Diem
Program budget and will be limited
annually by VA’s funding availability
and commitments to existing programs.
(b) Use of grant funds for
administrative costs. Grant funds may
be used for the following administrative
purposes
(1) Case management staff;
(2) Transportation for the case
manager;
(3) Cell phones and computers to
facilitate home visits and other case
management activities associated with
the grant; and
(4) Office furniture for the use of the
case management staff.
(c) Awards. VA will execute an
agreement and make payments to the
grantee in accordance with the award
and funding actions applicable to the
Grant and Per Diem Program as
described in § 61.61.
§ 61.98 Grant for case management
services—requirements and oversight.

VA will oversee grants for case
management services to ensure that
each grantee operates its program in
accordance with §§ 61.90 through 61.98.
VA’s oversight responsibilities include
reviewing and responding to requests
from grantees for extensions to the
otherwise applicable maximum 6-month
time limit. Grantees must also comply
with the requirements of 38 CFR 61.65;
61.67(d) and 61.67(e); and 61.80(c), (g),
(h), (i), (n), (o), (p), and (q). VA may
disapprove of case management services
provided by the grantee if VA
determines that they are of unacceptable
quality in which case grant funds may
not be used to pay for them.
[FR Doc. 2018–12048 Filed 6–4–18; 8:45 am]
BILLING CODE 8320–01–P

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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R06–OAR–2015–0843; FRL–9978–
48—Region 6]

Approval and Promulgation of
Implementation Plans; Texas;
Infrastructure and Interstate Transport
for the 2012 Fine Particulate Matter
Ambient Air Quality Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:

Pursuant to the Federal Clean
Air Act (CAA or the Act), the
Environmental Protection Agency (EPA)
is approving elements of the Texas
Infrastructure State Implementation
Plan (i-SIP) submittal addressing how
the existing SIP provides for
implementation, maintenance and
enforcement of the 2012 fine particulate
matter (PM2.5) National Ambient Air
Quality Standard (NAAQS).
DATES: This rule is effective on July 5,
2018.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–OAR–2015–0843. All
documents in the docket are listed on
the http://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through http://
www.regulations.gov or in hard copy at
the EPA Region 6, 1445 Ross Avenue,
Suite 700, Dallas, Texas 75202–2733.
FOR FURTHER INFORMATION CONTACT:
Sherry Fuerst, 214–665–6454,
[email protected].
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ means the EPA.
SUMMARY:

I. Background
The background for this action is
discussed in detail in our March 22,
2018 proposal (83 FR 12522). In that
document we proposed to approve the
December 1, 2015 i-SIP submittal from
Texas Commission on Environmental
Quality (TCEQ) pertaining to the
implementation, maintenance and
enforcement of the 2012 PM2.5 NAAQS
in Texas and three of the four of the
interstate transport requirements.

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