[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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