[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Pages 70885-70886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-29471]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 59

RIN 2900-AN57


Updating Fire Safety Standards

AGENCY: Department of Veterans Affairs.

ACTION: Final rule; affirmation.

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SUMMARY: This document affirms as final, without changes, a provision 
included in a final rule with request for comments that amended the 
Department of Veterans Affairs (VA) regulations concerning community 
residential care facilities, contract facilities for certain outpatient 
and residential services, and State home facilities. That provision 
established a five-year period within which all covered buildings with 
nursing home facilities existing as of June 25, 2001, must conform to 
the automatic sprinkler requirement of the 2009 edition of the National 
Fire Protection Association (NFPA) 101. This rule helps ensure the 
safety of veterans in the affected facilities.

DATES: Effective Date: This final rule is effective November 16, 2011.

FOR FURTHER INFORMATION CONTACT: Brian McCarthy, Office of Patient Care 
Services, Veterans Health Administration, Department of Veterans 
Affairs, 810 Vermont Ave. NW., Washington, DC 20420, (202) 461-6759. 
(This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: In a final rule with request for comments 
published in the Federal Register on February 24, 2011 (76 FR 10246), 
VA amended its regulations concerning the codes and standards 
applicable to community residential care facilities, contract 
facilities for outpatient and residential treatment services for 
veterans with alcohol or drug dependence or abuse disabilities, and 
State homes. We amended 38 CFR 17.63, 17.81(a)(1), 17.82(a)(1), and 
59.130(d)(1) to require facilities to meet the requirements in the 
applicable provisions of current editions of publications produced by 
the NFPA. These publications are: NFPA 10, Standard for Portable Fire 
Extinguishers; NFPA 99, Standard for Health Care Facilities; NFPA 101, 
Life Safety Code; and NFPA 101A, Guide on Alternative Approaches to 
Life Safety.
    We solicited comments regarding an interim final provision in the 
amendment to 38 CFR 59.130 that requires all buildings with nursing 
home facilities existing as of June 25, 2001, to have an automatic 
sprinkler system, as required in the 2009 edition of NFPA 101 by 
February 24, 2016. We provided a 60-day comment period on this interim 
final provision of the amendment to 38 CFR 59.130, and we received no 
comments.
    Accordingly, we adopt this provision without change. This and all 
other provisions of the final rule with request for comments remain in 
effect as stated in the February 24, 2011, rule.

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

[[Page 70886]]

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 collections of information under the 
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521).

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
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 effects, and other advantages; distributive impacts; 
and equity). Executive Order 13563 (Improving Regulation and Regulatory 
Review) emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
Executive Order 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires 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 
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 
this Executive Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action 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 final rule 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 change to part 59 concerning sprinkler systems will affect 
certain 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 operated by entities under 
contract with State governments. These contractors are not small 
entities.
    Accordingly, pursuant to 5 U.S.C. 605(b), this rule 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.

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 October 21, 2011, for publication.

    Dated: November 9, 2011.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.
[FR Doc. 2011-29471 Filed 11-15-11; 8:45 am]
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