[Federal Register Volume 79, Number 135 (Tuesday, July 15, 2014)]
[Proposed Rules]
[Pages 41153-41157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16414]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 17, 51, 52 and 59

RIN 2900-AO90


Update to NFPA Standards, Incorporation by Reference

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its 
regulations incorporating by reference the National Fire Protection 
Association (NFPA) codes and standards. These codes and standards are 
referenced in VA regulations concerning community residential care 
facilities, contract facilities for certain outpatient and residential 
services, Medical Foster Homes, and State home facilities. To ensure 
the continued safety of veterans in these facilities, VA would continue 
to rely upon NFPA codes and standards for VA approval of such 
facilities. This proposed rulemaking would update our regulations to 
adhere to more recent NFPA codes and standards.

DATES: Comments must be received by VA on or before September 15, 2014.

ADDRESSES: Written comments may be submitted through http://www.regulations.gov; by mail or hand-delivery to the Director, 
Regulation Policy and 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-AO90--Update to NFPA Standards, Incorporation 
by Reference.'' Copies of comments received will be available for 
public inspection in the Office of Regulation Policy and Management, 
Room 1068, between the hours of 8:00 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: David Klein, Fire Protection Engineer, 
Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 
20420, (202) 632-7888. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION: VA proposes to update its regulations 
incorporating NFPA 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, Medical Foster Homes, and State home 
facilities. VA's regulations that govern these facilities require that 
these facilities meet certain provisions of the codes and standards 
published by NFPA. These codes and standards are reviewed and updated 
by NFPA on a 3-year cycle. In 38 CFR 17.1, VA currently incorporates by 
reference the NFPA codes and standards cited in Sec. Sec.  17.63, 
17.74, 17.81, and 17.82. VA also relies on NFPA codes and standards in 
38 CFR 51.200, 52.200, and 59.130.
    The NFPA is a leading advocate for fire prevention and is an 
authoritative source on public safety and emergency management. The 
NFPA codes and standards are developed in a process accredited by the 
American National Standards Institute (ANSI) and conform to the Office 
of Management and Budget (OMB) Circular A-119. It is important that VA 
rely upon the most current fire and life safety codes and standards to 
ensure a safe environment is provided and maintained for veterans. VA 
has elected to rely upon the codes and standards established by NFPA to 
provide consistency across the country. By adopting the most current 
editions of these codes and standards, VA works to ensure veterans 
reside and receive care in facilities that are safe; ensure there is 
one set of codes and standards for the design, renovation, and 
inspection of these facilities; and help maintain high levels of safety 
by following these codes and standards for community facilities used or 
approved by VA.
    NFPA 101, Life Safety Code, is the primary source document that 
establishes the safety requirements for newly constructed and existing 
facilities. NFPA 101 is unique in that it provides a different set of 
requirements for the same type of facility based on whether the 
facility is to be newly constructed or already exists.
    Chapter 2 of NFPA 101 references other ANSI-accredited, consensus-
based codes and standards, including other NFPA Codes and Standards. 
The

[[Page 41154]]

documents listed in Chapter 2 of NFPA 101 are considered part of the 
requirements of NFPA 101 only to the extent called for in other 
chapters of NFPA 101. For example, the inclusion of NFPA 13, Standard 
for the Installation of Sprinkler Systems, in Chapter 2 does not mean 
that all buildings must have sprinklers. Rather, where NFPA 101 
requires buildings to be sprinkler protected, NFPA 13 is to be used for 
sprinkler installation.
    NFPA 101 provides different requirements for new and existing 
construction because it recognizes that it may be impractical to 
continually upgrade existing installations as new editions of the codes 
and standards referenced in Chapter 2 are adopted. Accordingly, NFPA 
101 includes a provision that existing facilities can continue in 
service even if they do not conform to an updated code or standard that 
is referenced in Chapter 2 as long as the lack of conformity does not 
present a serious hazard to the occupants. However, since some NFPA 
codes and standards are referenced within VA regulations that do not 
also reference this provision in Chapter 2, we propose to add a new 
paragraph (c) to Sec.  17.1 that contains similar language to permit 
fire and safety specialists to determine when upgrades to existing 
facilities are necessary on a case-by-case basis.
    NFPA 101 is updated on a 3-year cycle, and the citations to the 
codes and standards referenced in Chapter 2 are updated the same time. 
This proposed rulemaking would amend Sec.  17.1 to reflect the current 
edition of NFPA 101, Life Safety Code, and the editions of the NFPA 
codes and standards that are cited in Chapter 2 of NFPA 101.
    VA likewise relies on NFPA codes and standards in 38 CFR 51.200, 
52.200, and 59.130, and we propose to amend these sections to reflect 
the current editions of NFPA 101, Life Safety Code, and NFPA 99, Health 
Care Facilities Code.
    The NFPA codes and standards that have been updated since we 
published the current 38 CFR 17.1 are NFPA 101, Life Safety Code (2009 
edition); NFPA 25, Standard for the Inspection, Testing, and 
Maintenance of Water-Based Fire Protection Systems (2008 edition); NFPA 
30, Flammable and Combustible Liquids Code (2008 edition); and NFPA 
720, Standard for the Installation of Carbon Monoxide (CO) Detection 
and Warning Equipment (2009 edition). The NFPA codes and standards 
updated from the editions referenced in current Sec. Sec.  51.200 and 
59.130 are NFPA 101 (2009 edition) and NFPA 99, Standard for Health 
Care Facilities (2005). The NFPA codes and standards updated from the 
edition referenced in current 38 CFR 52.200 is NFPA 101, Life Safety 
Code (2000 edition). This proposed rulemaking would update the 
references to these NFPA codes and standards in the cited VA 
regulations to reflect the most recent editions cited in NFPA 101, Life 
Safety Code (2012 edition). We would also update cited references 
within VA regulations to be consistent with the current NFPA codes and 
standards. In some cases reorganization of material in the NFPA codes 
and standards, without change in substance, has affected the citation 
within VA regulations, and we make minor amendments to reflect these 
changes. Regarding the citations to the NFPA codes in 38 CFR 
17.74(g)(1), NFPA has moved the information previously in paragraph 
24.3.4.1 to paragraph 24.3.4.1.1, the information previously in 
paragraph 24.3.4.2 to paragraph 24.3.4.1.2, and the information 
previously in paragraph 24.3.4.3 to paragraph 24.3.4.1.3. Similarly, 
paragraph 3.3.32.5 of NFPA 101, as referenced in 38 CFR 59.130, has 
been relocated to paragraph 3.3.36.5. As the NFPA codes and standards 
are updated in the future, we will consider their adoption by VA and, 
if we decide to adopt the newer version, we will publish a rulemaking 
amending VA's regulations to reference the new version.
    The provisions of NFPA 25 and 720 used in VA's regulations are 
generally relied on to establish the requirements for the inspection, 
testing, and maintenance of already installed existing systems, and the 
majority of the changes in the updated editions are relatively minor 
with respect to inspection, testing, and maintenance. We believe that 
compliance with these minor revisions would not be difficult for the 
affected facilities.
    NFPA 99 went through a major revision from the 2005 edition and was 
re-written to be more consistent with other NFPA standards, 
establishing requirements based on risk, rather than occupancy for the 
new 2012 edition. Revising fire safety standards to provide for safety 
standards based on the risk of a critical condition rather than earlier 
models that looked at the probability of such conditions has become the 
international standard. However, the requirements of NFPA 99 that are 
to be applied to existing health care facilities were effectively 
unchanged from the previous edition.
    The revisions to NFPA 101, Life Safety Code, contain changes that 
VA believes would allow health care facilities to make desirable 
alterations (previously not permitted by NFPA 101) to benefit veterans. 
Other changes are not significant and we do not believe that it would 
be difficult for affected facilities to comply with these changes. 
Twenty changes to the Life Safety Code are highlighted below for health 
care facilities as well as other types of facilities to alert affected 
entities to them.
    New one- and two-family dwellings containing fuel-burning 
appliances (such as gas stoves, gas heaters, gas clothes dryers or gas 
hot water heaters, fireplaces, and wood or oil stoves) and new one- and 
two-family dwellings with communicating attached garages that meet 
certain criteria, are now required to have carbon monoxide detectors 
installed on each occupiable level and near sleeping rooms (NFPA 101, 
Life Safety Code, Chapter 24, One- and Two-Family Dwellings, section 
24.3.4.2).
    Roofed porches, decks, and balconies in new, small residential 
board and care facilities (defined in NFPA 101 (section 32.2.1.1.1) as 
occupancies providing sleeping accommodations for not more than 16 
residents) must now be sprinkler protected when sprinkler protection is 
provided in accordance with either NFPA 13R, Standard for the 
Installation of Sprinkler Systems in Residential Occupancies up to and 
Including Four Stories in Height, or in accordance with NFPA 13D, 
Standard for the Installation of Sprinkler Systems in One- and Two-
Family Dwellings and Manufactured Homes (NFPA 101, Life Safety Code, 
Chapter 32, New Residential Board and Care Occupancies, sections 
32.2.3.5.3.1 and 32.2.3.5.3.2).
    When automatic sprinklers are installed, there are also new 
requirements for protecting attics of existing board and care 
facilities that include the option of either heat detection, sprinkler 
protection, non- or limited-combustible construction, or fire-retardant 
treated wood (NFPA 101, Life Safety Code, Chapter 33, Existing 
Residential Board and Care Occupancies, sections 33.2.3.5.7 and 
33.3.3.5.4). VA would accept the installation of heat alarm(s) 
connected to the existing smoke alarms to meet the intent of the 
requirement for heat detection in the attic, based on the NFPA Board 
and Care Technical Committee proposed revisions to these requirements 
for the 2015 edition of NFPA 101.
    If an existing fire alarm system, in existing large board and care 
facilities (defined in NFPA 101 (section 33.3.1.1.2) as those having 
sleeping accommodations for more than 16 residents), does not 
automatically notify the fire department, provisions must be

[[Page 41155]]

made for such immediate notification. Further, when an existing fire 
alarm system is replaced or a new system is installed, automatic 
notification of emergency services must be included (NFPA 101, Life 
Safety Code, Chapter 33, Existing Residential Board and Care 
Occupancies, section 33.3.3.4.6).
    New draperies, curtains, and other loosely hanging furnishing or 
decorations other than in common areas (e.g., dining rooms, activity 
rooms, and other areas outside of resident sleeping rooms or suites) 
are no longer regulated when located in a space that is sprinkler 
protected in existing board and care facilities, (NFPA 101, Life Safety 
Code, Chapter 33, Existing Residential Board and Care Occupancies, 
section 33.7.5.1.2).
    If a facility elects to change to a slower evacuation capability, 
the facility is required to have sprinkler protection throughout and 
comply with the standards for the slower evacuation, or comply with the 
requirements for new construction (NFPA 101, Life Safety Code, Chapter 
33, Existing Residential Board and Care Occupancies, section 33.1.8). 
To accommodate the limited mobility of an increasing population of 
patients who, because of physical or mental disabilities, have become 
more feeble and are unable to cooperate in an emergency evacuation, 
large residential board and care facilities may choose to adopt revised 
safety standards and change the facility's current evacuation standards 
of prompt or slow to the impractical standard or comply with the 
standards for limited care facilities in Chapter 19 of NFPA 101. In 
existing large board and care facilities where evacuation capability is 
classified as impractical, hazardous areas must be separated with smoke 
partitions (NFPA 101, Life Safety Code, Chapter 33, Existing 
Residential Board and Care Occupancies, section 33.3.3.2.3), a minimum 
exit corridor width of 44 inches is required (section 33.3.2.3.3), 
emergency lighting is required (section 33.3.2.9), and the building 
must be protected throughout by an automatic sprinkler system (section 
33.3.3.5.2).
    NFPA 101 has been revised to clarify that the treatment of 
inpatients that are capable of self-preservation is permitted in 
facilities classified as other than a health care occupancy that are 
contiguous to health care occupancies. (NFPA 101, Life Safety Code, 
Chapter 19, Existing Health Care Occupancies, section 19.1.3.4.2). When 
safety conditions identified in the standards are met to manage 
emergencies, preserve safe egress and allow for access to building 
service and fire protection equipment in the event of emergency, items 
such as crash carts, emergency supply carts, patient lifts, 
transportation equipment, and, certain wheeled items may be placed in 
corridors of health care facilities (NFPA 101, Life Safety Code, 
Chapter 19, Existing Health Care Occupancies, section 19.2.3.4). 
Patient suites requiring two exit doors may now have a door that leads 
directly to an exit stair, exit passageway, or to the exterior (NFPA 
101, Life Safety Code, Chapter 19, Existing Health Care Occupancies, 
section 19.2.5.7.2.1). Allowable sleeping suite sizes have been 
increased from 7,500 to 10,000 square feet when certain requirements 
are met (NFPA 101, Life Safety Code, Chapter 19, Existing Health Care 
Occupancies, section 19.2.5.7.2.3). There are new rules for the use of 
cooking equipment to prepare meals for 30 persons or less within a 
smoke compartment (NFPA 101, Life Safety Code, Chapter 19, Existing 
Health Care Occupancies, section 19.3.2.5.3), and direct-vent gas 
fireplaces are now permitted inside a smoke compartment containing 
sleeping areas when certain requirements are met (NFPA 101, Life Safety 
Code, Chapter 19, Existing Health Care Occupancies, section 19.5.2.3).

Other Changes to 38 CFR 17.74

    Current 38 CFR 17.74(o)(2) reads where, within NFPA 30, the 
definition of a safety can is found. The NFPA codes and standards have 
not changed the information or requirements for a safety can, however, 
the paragraph that contains the definition of a safety can has changed 
from 3.3.44 to 3.3.48. It is not uncommon for NFPA to make minor 
reorganization changes to their guidance documents. In order to avoid 
the necessity of revising our regulations each time a non-significant 
change of this nature is made to the underlying codes and standards, we 
propose eliminating the specific section reference while retaining the 
safety requirements to which the guidance refers. We do not anticipate 
this would be burdensome as the document itself is indexed and 
searchable.

Approval of Incorporations by Reference

    The Office of the Federal Register, in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51, approved our incorporation by reference of 
previous editions of NFPA codes and standards into current regulations. 
We propose to amend our regulations to require facilities seeking VA 
approval to meet the applicable requirements of the 2012 edition of 
NFPA 101, Life Safety Code, and the editions of the NFPA codes and 
standards that are cited in Chapter 2 of NFPA 101. These changes merely 
reflect updates to the standards that are currently incorporated by 
reference. This proposed action is necessary to ensure that facilities 
meet current industry-wide standards regarding fire safety. We are not 
aware of any significant changes from the previous editions to the 
current editions. Therefore, we are requesting that the Office of the 
Federal Register approve our incorporation by reference of updated NFPA 
101.
    Additionally, we are requesting that the Office of the Federal 
Register approve the following standards published by the National Fire 
Protection Association: NFPA 25, Standard for the Inspection, Testing, 
and Maintenance of Water-Based Fire Protection Systems (2011 edition); 
NFPA 30, Flammable and Combustible Liquids Code (2012 edition); NFPA 
720, Standard for the Installation of Carbon Monoxide (CO) Detection 
and Warning Equipment (2012 edition); and NFPA 99, Health Care 
Facilities Code (2012 edition). Earlier editions of NFPA 25, NFPA 30, 
and NFPA 720 are incorporated by reference in current part 17. Current 
references in parts 51 and 59 incorporate by reference the 2005 edition 
of NFPA 99. VA believes that it is in the best interest of veterans to 
apply the most up to date fire safety codes to the greatest extent 
practicable, and this proposed rule addresses that objective. The 
materials for which we are seeking incorporation by reference are 
available for inspection at the ANSI Incorporation by Reference (IBR) 
Portal, http://ibr.ansi.org. These materials are also available at the 
National Archives and Records Administration (NARA). For information on 
the availability of these materials at NARA, call (202) 741-6030, or go 
to: https://standards.gov/sibr/query/index.cfm?fuseaction=rsibr.regulatory_sibr. Copies may be obtained 
from the National Fire Protection Association, 1 Batterymarch Park, 
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555.)

Effect of Rulemaking

    The Code of Federal Regulations, as proposed to be revised by this 
proposed rulemaking, would represent the exclusive legal authority on 
this subject. No contrary rules or procedures would be authorized. All 
VA guidance would be read to conform with this proposed rulemaking if 
possible or, if not possible, such guidance would be superseded by this 
rulemaking.

Paperwork Reduction Act

    This proposed rule contains no provisions constituting a collection 
of

[[Page 41156]]

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

Regulatory Flexibility Act

    The Acting Secretary hereby certifies that this proposed rule 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 proposed rule would update current fire safety 
standards and would not require more than a modest capital investment 
on the part of affected entities. The changes to Sec.  17.1 would 
likely affect between 50 and 100 of the 1,293 community residential 
care facilities approved for referral of veterans under the 
regulations. Medical Foster Homes are small entities, providing between 
1 and 3 resident beds to veterans in each Medical Foster Home. The 
changes to Sec.  17.74 would likely affect fewer than 10 of the 561 
Medical Foster Homes approved by VA for referral under the regulations. 
Any additional costs for compliance with the proposed rule incurred by 
either community residential care facilities or Medical Foster Homes 
would constitute an inconsequential amount of the operational costs of 
such facilities. Where modification is anticipated, such as adding heat 
detection to unused attic space, the impact would be minimal because 
the costs to comply with the new requirements range from $100.00 to 
$500.00 dollars, which includes labor costs. In many cases, the 
adoption of the current NFPA codes and standards would provide options 
that are less restrictive than the prior NFPA codes and standards. The 
changes to Sec. Sec.  17.81 and 17.82 would affect only small entities; 
however, most, if not all, of these entities are already in compliance 
with the current NFPA codes and therefore should not be significantly 
impacted by this rule. The changes to parts 51, 52, and 59 would affect 
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 operated by entities under contract with 
State governments. These contractors are not small entities. On this 
basis, the Acting Secretary certifies that the adoption of this 
proposed rule 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. Therefore, under 5 U.S.C. 
605(b), this rulemaking is exempt from the initial and final regulatory 
flexibility analysis requirements of 5 U.S.C. 603 and 604.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct 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 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,'' requiring review by 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 regulatory action have been examined, and it has 
been determined not to be a significant regulatory action under 
Executive Order 12866. VA's impact analysis can be found as a 
supporting document at http://www.regulations.gov, usually within 48 
hours after the rulemaking document is published. Additionally, a copy 
of the rulemaking and its impact analysis are available on VA's Web 
site at http://www1.va.gov/orpm/, by following the link for ``VA 
Regulations Published.''

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 the 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 one year. This proposed rule would have no such 
effect on State, local, and tribal governments, or on the private 
sector.

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 Acting 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. Jose D. Riojas, Chief of Staff, Department of Veterans 
Affairs, approved this document on June 17, 2014, for publication.

List of Subjects

38 CFR Part 17

    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, Philippines, Reporting 
and recordkeeping requirements, Scholarships and fellowships, Travel 
and transportation expenses, Veterans.

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

[[Page 41157]]

requirements, Travel and transportation expenses, Veterans.

38 CFR Part 52

    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.

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.

    Dated: July 9, 2014.
William F. Russo,
Deputy Director, Office of Regulation Policy & Management, Office of 
the General Counsel, U.S. Department of Veterans Affairs.

    For the reasons set forth in this rulemaking, VA proposes to amend 
38 CFR parts 17, 51, 52, and 59 as follows:

PART 17--MEDICAL

0
1. The authority citation for part 17 continues to read as follows:

    Authority:  38 U.S.C. 501, and as noted in specific sections.

0
2. Amend Sec.  17.1 as follows:
0
a. In paragraph (b)(2), remove ``NFPA 101, Life Safety Code (2009 
edition)'' and add in its place ``NFPA 101, Life Safety Code (2012 
edition)''.
0
b. In paragraph (b)(7), remove ``NFPA 25, Standard for the Inspection, 
Testing, and Maintenance of Water-Based Fire Protection Systems (2008 
edition)'' and add in its place ``NFPA 25, Standard for the Inspection, 
Testing, and Maintenance of Water-Based Fire Protection Systems (2011 
edition)''.
0
c. In paragraph (b)(8), remove ``NFPA 30, Flammable and Combustible 
Liquids Code (2008 edition)'' and add in its place ``NFPA 30, Flammable 
and Combustible Liquids Code (2012 edition)''.
0
d. In paragraph (b)(10), remove ``NFPA 720, Standard for the 
Installation of Carbon Monoxide (CO) Detection and Warning Equipment 
(2009 edition)'' and add in its place ``NFPA 720, Standard for the 
Installation of Carbon Monoxide (CO) Detection and Warning Equipment 
(2012 edition)''.
0
e. Add paragraph (c).
    The addition reads as follows:


Sec.  17.1  Incorporation by reference.

* * * * *
    (c) Existing buildings or installations that do not comply with the 
installation provisions of the codes or standards referenced in (b)(1), 
and (b)(3) through (b)(10) of this section shall be permitted to be 
continued in service, provided that the lack of conformity with these 
codes and standards does not present a serious hazard to the occupants.


Sec.  17.74  [Amended]

0
3. Amend Sec.  17.74 as follows:
0
a. In paragraph (g)(1), remove ``sections 24.3.4.1 or 24.3.4.2 of NFPA 
101 (incorporated by reference, see Sec.  17.1); section 24.3.4.3 of 
NFPA 101'' and add in its place ``sections 24.3.4.1.1 or 24.3.4.1.2 of 
NFPA 101 (incorporated by reference, see Sec.  17.1); section 
24.3.4.1.3 of NFPA 101''.
0
b. In paragraph (o)(2), remove ``section 3.3.44 of NFPA 30'' and add in 
its place ``NFPA 30''.

PART 51--PER DIEM FOR NURSING HOME CARE OF VETERANS IN STATE HOMES

0
4. The authority citation for part 51 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1710, 1720, 1741-1743, and as 
stated in specific sections.


Sec.  51.200  [Amended]

0
5. Amend Sec.  51.200 as follows:
0
a. Remove all references to ``NFPA 101, Life Safety Code (2009 
edition)'' and add, in each place, ``NFPA 101, Life Safety Code (2012 
edition)''.
0
b. Remove all references to ``NFPA 99, Standard for Health Care 
Facilities (2005 edition)'' and add, in each place, ``Health Care 
Facilities Code (2012 edition)''.

PART 52--PER DIEM FOR ADULT DAY HEALTH CARE OF VETERANS IN STATE 
HOMES

0
6. The authority citation for part 52 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1741-1743, unless otherwise 
noted.


Sec.  52.200  [Amended]

0
7. Amend paragraph Sec.  52.200(a) by removing ``NFPA 101, Life Safety 
Code (2000 edition)'' and add in its place ``NFPA 101, Life Safety Code 
(2012 edition)''.

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

0
8. The authority citation for part 59 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1710, 1742, 8105, 8131-8137.


Sec.  59.130  [Amended]

0
9. Amend Sec.  59.130, in paragraph (d)(1), by removing ``NFPA 101, 
Life Safety Code (2009 edition)'' and adding in its place ``NFPA 101, 
Life Safety Code (2012 edition)'', by removing ``paragraph 3.3.32.5'' 
and adding in its place ``paragraph 3.3.36.5'', and by removing ``NFPA 
99, Standard for Health Care Facilities (2005 edition)'' and adding in 
its place ``Health Care Facilities Code (2012 edition)''.

[FR Doc. 2014-16414 Filed 7-14-14; 8:45 am]
BILLING CODE 8320-01-P