[Federal Register Volume 76, Number 41 (Wednesday, March 2, 2011)]
[Rules and Regulations]
[Pages 11339-11340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4430]
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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: Final rule.
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SUMMARY: This document adopts as a final rule without change the
proposed rule to amend the Department of Veterans Affairs (VA)
regulations governing the physical environment of State Home
facilities. The final rule will require State Home facilities that
receive a per diem for providing nursing home care to eligible veterans
to meet certain provisions of the 2009 edition of the National Fire
Protection Association's NFPA 101, Life Safety Code. The change is
designed to assure that State Home facilities meet current industry-
wide standards regarding life safety and fire safety.
DATES: Effective Date: This final rule is effective April 1, 2011.
The Director of the Federal Register approved the incorporation by
reference of certain publications listed in this rule as of April 1,
2011.
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: In a document published in the Federal
Register on April 7, 2010 (75 FR 17644), VA proposed to amend 38 CFR
51.200, which governs the physical environment of facilities for which
VA pays per diem to a state for providing nursing home care to eligible
veterans. We proposed to update the regulation to require State Home
facilities to meet certain provisions of the National Fire Protection
Association's NFPA 101, Life Safety Code (2009 edition) (NFPA 101), and
proposed to incorporate that edition by reference. We provided a 60-day
comment period and received one comment.
The comment was from the National Fire Protection Association. The
commenter noted that there are several differences between the 2006 and
2009 editions of NFPA 101. The commenter noted that the 2009 edition
clarifies the circumstances in which a ``change in occupancy''
classification would be considered when an existing building is
[[Page 11340]]
converted into a nursing home; clarifies the provisions for multiple
and separate occupancy for nursing homes; enhances door locking
provisions based on clinical need or specialized security measures;
recognizes the use of aerosol-based alcohol hand rub dispensers; and
clarifies latching provisions for certain doors that open into/onto
corridors. In the proposed rule, we noted that we were not aware of any
significant changes from the 2006 edition to the 2009 edition. The
commenter acknowledged that the differences between the two editions
are insignificant. Because none of the applicable updates to the 2009
edition of NFPA 101 require costly or significant changes to the
facilities governed by this rule, we make no changes based on this
comment.
This final rule amends Sec. 51.200 as proposed without changes,
and incorporates by reference NFPA 101, in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
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 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 year. This final rule will have no such effect on
state, local, and tribal governments, or on the private sector.
Paperwork Reduction Act of 1995
This document contains no new 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 (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 the Executive
Order.
VA has examined the economic, interagency, budgetary, legal, and
policy implications of this final rule and has concluded that it does
not constitute a significant regulatory action under the Executive
Order.
Regulatory Flexibility Act
The Secretary hereby certifies that this regulatory amendment 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 rulemaking will affect veterans and State Homes.
The State Homes that will 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 amendment is 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 February 8, 2011, 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, Incorporation by reference, Mental health programs, Nursing
homes, Reporting and recordkeeping requirements, Travel and
transportation expenses, Veterans.
Dated: February 23, 2011.
Robert C. McFetridge,
Director, Regulations Policy and Management, Department of Veterans
Affairs.
For the reasons stated above, VA amends 38 CFR part 51 as follows:
PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES
0
1. The authority citation for part 51 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 1710, 1741-1743, 1745.
0
2. Amend Sec. 51.200, by removing the phrase ``NFPA 101, Life Safety
Code (2006 edition)'' each place it appears and adding, in its place,
``NFPA 101, Life Safety Code (2009 edition)''.
[FR Doc. 2011-4430 Filed 3-1-11; 8:45 am]
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