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Federal Register / Vol. 86, No. 179 / Monday, September 20, 2021 / Rules and Regulations
Executive Order 13175, Consultation and Coordination With Indian Tribal Governments It has been determined that Privacy Act rules for the DoD do not have substantial effects on Indian tribal governments. The rules do not impose substantial direct compliance costs on one or more Indian tribes, preempt tribal law, or effect the distribution of power and responsibilities between the Federal Government and Indian tribes.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is amended as follows:
PART 310AMENDED
1. The authority citation for 32 CFR
part 310 continues to read as follows:

Authority: 5 U.S.C. 552a.

2. Section 310.13 is amended by adding paragraph e4 to read as follows:

310.13 Exemptions for DoD-wide systems.

e
4 System identifier and name. DoD
0005, Defense Training Records.
i Exemptions. This system of records is exempt from 5 U.S.C. 552ac3 and d1, 2, 3, and 4.
ii Authority. 5 U.S.C. 552ak1 and 6.
iii Exemption from the particular subsections. Exemption from the particular subsections is justified for the following reasons:
A Subsections c3, d1, and d21 Exemption k1. Training records in this system of records may contain information concerning DoD
personnel or training materials that is properly classified pursuant to executive order. Application of exemption k1 for such records may be necessary because access to and amendment of the records, or release of the accounting of disclosures for such records, could reveal classified information. Disclosure of classified records to an individual may cause damage to national security.
2 Exemption k6. Training records in this system of records may contain information relating to testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service. Application of exemption k6 for such records may be necessary when access to and amendment of the records, or release of the accounting of disclosure for such
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records, may compromise the objectivity and fairness of the testing or examination process. Amendment of such records could also impose a highly impracticable administrative burden by requiring testing and examinations to be continuously re-administered.
B Subsections d3 and 4. These subsections are inapplicable to the extent an exemption is claimed from subsection d2. Moreover, applying the amendment appeal procedures to training and examination materials could impose a highly impractical administrative burden by requiring testing and examinations to be continuously re-administered.
iv Exempt records from other systems. In the course of carrying out the overall purpose for this system, exempt records from other systems of records may in turn become part of the records maintained in this system. To the extent that copies of exempt records from those other systems of records are maintained in this system, the DoD
claims the same exemptions for the records from those other systems that are entered into this system, as claimed for the prior systems of which they are a part, provided the reason for the exemption remains valid and necessary.

Dated: September 14, 2021.
Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
FR Doc. 202120221 Filed 91721; 8:45 am BILLING CODE 500106P

DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900AQ31

Elimination of Copayment for Opioid Antagonists and Education on Use of Opioid Antagonists Department of Veterans Affairs.
Final rule.

AGENCY:
ACTION:

The Department of Veterans Affairs VA is amending its medical regulations that govern copayments to conform with recent statutory requirements. VA is eliminating the copayment requirement for opioid antagonists furnished to veterans who are at high risk of overdose of a specific medication or substance in order to reverse the effect of such an overdose.
VA is also clarifying that no copayment is required for the provision of education on the use of opioid antagonists. This final rule is an
SUMMARY:

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essential part of VAs attempts to help veterans at high risk of overdose.
DATES: This rule is effective October 20, 2021.
FOR FURTHER INFORMATION CONTACT:
Joseph Duran, Director of Policy and Planning. 3773 Cherry Creek North Drive, Denver, CO 80209. 303 370
1637. This is not a toll-free number.
SUPPLEMENTARY INFORMATION: On November 6, 2020, VA published a proposed rule in the Federal Register 85 FR 71020 that would eliminate the copayment requirement for opioid antagonists furnished to veterans who are at high risk of overdose of a specific medication or substance in order to reverse the effect of such an overdose and for the provision of education on the use of opioid antagonists. VA
provided a 60-day comment period, which ended on January 5, 2021. VA
received 19 comments on the proposed rule.
In an effort to reduce the incidence of overdose among the veteran population, Congress, in two separate statutes, has required that VA must exempt from copayment 1 opioid antagonists furnished under chapter 17 to a veteran who is at high risk for overdose of a specific medication or substance in order to reverse the effect of such an overdose, and 2 education on the use of opioid antagonists to reverse the effects of overdoses of specific medications or substances. See Public Law 114198, sec. 915 July 22, 2016
and Public Law 114223, Division A, sec. 243 Sept. 29, 2016. These provisions were effective upon enactment and have already been implemented. These provisions assist veterans by eliminating copayments for life-saving medication and education on the use of such medication, with the goal of reducing the incidence of overdose deaths among the veteran population. This final rule amends two of VAs copayment regulations, 38 Code of Federal Regulations CFR 17.108 and 17.110, to accurately implement these changes in law. This final rule also adds an explanation of how VA would identify a veteran at high risk for overdose under the new provisions.
Positive Comments Most commenters were in support of the proposed rule. One commenter stated that the rule would be a crucial part of VAs efforts to help veterans at an extreme risk of overdose. Another commenter stated that the rule is critical in creating cross-governmental cohesion in the fight against the opioid crisis in our veteran population, and it solidifies the message of a united front against the
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