[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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