[Federal Register Volume 72, Number 30 (Wednesday, February 14, 2007)]
[Rules and Regulations]
[Pages 6959-6960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-2465]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 59

RIN 2900-AM42


Priority for Partial Grants to States for Construction or 
Acquisition of 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, an 
interim final rule amending the Department of Veterans Affairs (VA) 
regulations regarding grants to States for construction or acquisition 
of State homes. The amendment was necessary to ensure that projects 
designed to remedy conditions at an existing State home that have been 
cited as threatening to the lives or safety of the residents receive 
priority for receiving VA grants in the future (including in Fiscal 
Year 2007).

DATES: Effective Date: February 14, 2007.

FOR FURTHER INFORMATION CONTACT: Frank Salvas, Chief, State Home 
Construction Grant Program (114), Veterans Health Administration, 
Department of Veterans Affairs, 810 Vermont Ave., NW., Washington, DC 
20420, 202-273-8534.

SUPPLEMENTARY INFORMATION: An interim final rule amending VA's 
regulations regarding grants to States for construction or acquisition 
of State homes was published in the Federal Register on August 11, 2006 
(71 FR 46103).
    We provided a 60-day comment period that ended on October 10, 2006. 
No comments were received. Based on the rationale set forth in the 
interim final rule, we now adopt the interim final rule as a final rule 
without change.

Administrative Procedure Act

    This document, without change, affirms the amendment made by the 
interim final rule that is already in effect. The Secretary of Veterans 
Affairs concluded that, under 5 U.S.C. 553(b)(3)(B), there was good 
cause to dispense with the opportunity for prior comment with respect 
to this rule. The Secretary found that it was impracticable, 
unnecessary, and contrary to the public interest to delay this 
regulation for the purpose of soliciting prior public comment. 
Nevertheless, the Secretary invited public comment on the interim final 
rule but did not receive any comments. The amendment was consistent 
with the priorities established by Congress and was needed on an 
expedited basis because the prior version of the regulation may have 
precluded VA from funding life safety projects during Fiscal Year 2007. 
While it is important to give States receiving partial grants priority 
for continued funding, the regulations need to recognize the other 
priorities for awarding State home grants including the top priority 
for projects that protect the lives and safety of veterans residing in 
existing State homes.

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 
the 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 final rule will have no such effect 
on State, local, and tribal governments, or on the private sector.

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.
    The economic, interagency, budgetary, legal, and policy 
implications of this final rule have been examined and it has been 
determined to be a significant regulatory action under the Executive 
Order because it is likely to result in a rule that may raise novel

[[Page 6960]]

legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

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. The rule will affect grants to States and will not 
directly affect small entities. Therefore, pursuant to 5 U.S.C. 605(b), 
this final rule is exempt from the initial and final regulatory 
flexibility analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance program number and title 
for this rule are as follows: 64.005, Grants to States for Construction 
of State Home Facilities.

List of Subjects in 38 CFR Part 59

    Administrative practice and procedure, Alcohol abuse, Alcoholism, 
Claims, Day care, Dental health, Drug abuse, Foreign relations, 
Government contracts, Grant programs--health, Grant programs--veterans, 
Health care, Health facilities, Health professions, Health records, 
Homeless, Medical and dental schools, Medical devices, Medical 
research, Mental health programs, Nursing homes, Reporting and 
recordkeeping requirements, Travel and transportation expenses, 
Veterans.

    Approved: January 11, 2007.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

PART 59--GRANTS TO STATES FOR CONSTRUCTION OR ACQUISITION OF STATE 
HOMES

0
Accordingly, the interim final rule amending 38 CFR part 59, which was 
published at 71 FR 46103 on August 11, 2006, is adopted as a final rule 
without change.

[FR Doc. E7-2465 Filed 2-13-07; 8:45 am]
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