[Federal Register Volume 75, Number 66 (Wednesday, April 7, 2010)]
[Proposed Rules]
[Pages 17644-17645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-7811]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 51
RIN 2900-AN59
Update to NFPA 101, Life Safety Code, for State Home Facilities
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to update one
of its regulations so that State home facilities that receive a per
diem for providing nursing home care to eligible Veterans will be
required to meet certain provisions of the 2009 edition of the National
Fire Protection Association's NFPA 101, Life Safety Code. This change
is designed to ensure that State home facilities meet current industry-
wide standards regarding life safety and fire safety.
DATES: Written comments must be received by VA on or before June 7,
2010.
ADDRESSES: Written comments may be submitted through http://www.Regulations.gov; by mail or hand-delivery to the Director,
Regulations Management (02REG), Department of Veterans Affairs, 810
Vermont Avenue, NW., Room 1068, Washington, DC 20420; or by fax to
(202) 273-9026. Comments should indicate that they are submitted in
response to ``RIN 2900-AN59--Update to NFPA 101, Life Safety Code, for
State Home Facilities.'' 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 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: Theresa Hayes at (202) 461-6771,
Office of Geriatrics and Extended Care, Veterans Health Administration,
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC
20420. (The telephone number above is not a toll-free number).
SUPPLEMENTARY INFORMATION: This document proposes to amend 38 CFR
51.200. The regulation governs the physical environment of facilities
for which VA pays per diem to a State for providing nursing home care
to eligible veterans.
Currently, Sec. 51.200 requires State home facilities to meet
certain provisions of the National Fire Protection Association's NFPA
101, Life Safety Code (2006 edition). This document has been
incorporated by reference in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. We propose to update the regulation to refer to the current
2009 edition of the NFPA code. This change would require State home
facilities to meet current industry-wide standards regarding life
safety and fire
[[Page 17645]]
safety. We will request approval of the incorporation by reference of
the 2009 edition of NFPA 101 from the Office of the Federal Register.
We are not aware of any significant changes from the 2006 edition to
the 2009 edition.
This document for which we are seeking incorporation by reference
is available for inspection by appointment (call (202) 461-4902 for an
appointment) at the Department of Veterans Affairs, Office of
Regulation Policy and Management, Room 1063B, 810 Vermont Avenue, NW.,
Washington, DC 20420 between the hours of 8 a.m. and 4:30 p.m., Monday
through Friday (except holidays). It is also available at the National
Archives and Records Administration (NARA). For information on the
availability of this document at NARA, call 202-741-6030, or go to:
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, copies may be obtained
from the National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02269-9101. (For ordering information, call toll-free 1-800-
344-3555 or go to http://www.nfpa.org.)
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 an 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 given year. This rule would have no such effect on
State, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This document contains no collections of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).
Executive Order 12866
Executive Order 12866 directs agencies to assess all 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,
and other advantages; distributive impacts; and equity). The Executive
Order classifies a ``significant regulatory action'' requiring review
by the Office of Management and Budget 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
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
Executive Order.
The economic, interagency, budgetary, legal, and policy
implications of this proposed rule have been examined, and it has been
determined not to be a significant regulatory action under Executive
Order 12866.
Regulatory Flexibility Act
The Secretary hereby certifies that this regulatory amendment would
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 rulemaking would affect veterans and State homes.
The State homes that would be subject to this rulemaking are State
government entities under the control of State governments. All State
homes are owned, operated and managed by State governments except for a
small number that are operated by entities under contract with State
governments. These contractors are not small entities. Therefore,
pursuant to 5 U.S.C. 605(b), this rule would be exempt from the initial
and final regulatory flexibility analysis requirements of sections 603
and 604.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers and titles for
the programs affected by this document are 64.005, Grants to States for
Construction of State Home Facilities; 64.007, Blind Rehabilitation
Centers; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical
Care Benefits; 64.010, Veterans Nursing Home Care; 64.011, Veterans
Dental Care; 64.012, Veterans Prescription Service; 64.013, Veterans
Prosthetic Appliances; 64.014, Veterans State Domiciliary Care; 64.015,
Veterans State Nursing Home Care; 64.016, Veterans State Hospital Care;
64.018, Sharing Specialized Medical Resources; 64.019, Veterans
Rehabilitation Alcohol and Drug Dependence; 64.022, Veterans Home Based
Primary Care; and 64.026, Veterans State Adult Day Health Care.
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. John R.
Gingrich, Chief of Staff, Department of Veterans Affairs, approved this
document on March 1, 2010, for publication.
List of Subjects in 38 CFR Part 51
Administrative practice and procedure, claims, day care, dental
health, government contracts, grant programs--health, grant programs--
veterans, health care, health facilities, health professions, health
records, mental health programs, nursing homes, reporting and
recordkeeping requirements, travel and transportation expenses,
Veterans.
Dated: April 1, 2010.
Robert C. McFetridge,
Director, Regulation Policy and Management.
For the reasons set forth in the preamble, VA proposes to amend 38
CFR part 51 as follows:
PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES
1. The authority citation for part 51 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1710, 1741-1743, 1745.
Sec. 51.200 [Amended]
2. Amend Sec. 51.200 by removing the phrase ``(2006 edition)''
each place it appears and adding, in its place, ``(2009 edition)''.
[FR Doc. 2010-7811 Filed 4-6-10; 8:45 am]
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