[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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