[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73312-73313]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29750]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 53

RIN 2900-AO54


Technical Revisions--State Veterans Homes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) amends its regulations 
governing VA assistance in hiring and retaining nurses in State 
Veterans Homes. These regulations must be updated because of recent 
changes to the Veterans Health Administration (VHA) organizational 
structure, which reassigned certain administrative duties of the Chief 
Consultant of the Office of Geriatrics and Extended Care to the 
Director of the Office of Geriatrics and Extended Care Operations.

DATES: Effective Date: This final rule is effective December 10, 2012.

FOR FURTHER INFORMATION CONTACT: Lisa Minor, Chief, Institutional Care 
Programs, Geriatrics and Extended Care Operations (10NC4), Veterans 
Health Administration, Department of Veterans Affairs, 810 Vermont 
Avenue NW., Washington, DC 20420, (202) 461-6782. (This is not a toll 
free number.)

SUPPLEMENTARY INFORMATION: VHA recently revised its organizational 
structure. Under VHA's new organizational structure, the Secretary of 
Veterans Affairs has delegated management and operations duties for 
State Veterans Homes to the Director of the Office of Geriatrics and 
Extended Care Operations through the Under Secretary for Health. The 
Secretary had formerly delegated this authority to the Chief Consultant 
of the Office of Geriatrics and Extended Care through the Under 
Secretary for Health. Consequently, VHA is revising its regulations to 
reflect the new delegation.
    Sections 53.10, 53.11, 53.30, 53.40, and 53.41 of title 38 of the 
Code of Federal Regulations will be revised to name the Director of the 
Office of Geriatrics and Extended Care Operations as the person with 
the management and operations authority for State Veterans Homes. VA's 
internal mailbox code will also be removed from Sec. Sec.  53.20 and 
53.40.

Administrative Procedure Act

    This final rule pertains strictly to agency organization. 
Accordingly, this rule is exempt from the prior notice-and-comment and 
delayed-effective-date requirements of 5 U.S.C. 553.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rule, represents the exclusive legal authority on this subject. 
No contrary rules or procedures are authorized. All existing or 
subsequent VA guidance must be read to conform with this rulemaking if 
possible, or, if not possible, such guidance is superseded by this 
rulemaking.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

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). This final rule merely updates references to certain VA personnel 
referred to under 38 CFR part 53 and will not directly affect small 
entities. Therefore, pursuant to 5 U.S.C. 605(b), this rulemaking is 
exempt from the initial and final regulatory flexibility analysis 
requirements of sections 603 and 604.

Executive Order 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'' requiring review by the Office of 
Management and Budget (OMB) 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

[[Page 73313]]

have been examined, and it has been determined not to be a significant 
regulatory action as defined by Executive Order 12866.

Unfunded Mandates Reform Act

    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 given year. This rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance program numbers and 
titles are: 64.005, Grants to States for Construction of State Home 
Facilities; 64.008, Veterans Domiciliary Care; 64.009, Veterans Medical 
Care Benefits; 64.010, Veterans Nursing Home Care; 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; 64.022, Veterans Home Based Primary Care; 64.024, VA 
Homeless Providers Grant and Per Diem Program; 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 December 4, 2012 for publication.

List of Subjects in 38 CFR Part 53

    Administrative practice and procedure, Adult day health care, 
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.

    Dated: December 5, 2012.
Robert C. McFetridge,
Director of Regulation Policy and Management, Office of General 
Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, VA amends 38 CFR part 53 as 
follows:

PART 53--PAYMENTS TO STATES FOR PROGRAMS TO PROMOTE THE HIRING AND 
RETENTION OF NURSES AT STATE VETERANS HOMES

0
1. The authority citation for part 53 continues to read as follows:

    Authority:  38 U.S.C. 101, 501, 1744.


Sec.  53.10  [Amended]

0
2. Amend Sec.  53.10 by removing ``Chief Consultant, Geriatrics and 
Extended Care'' and adding, in its place, ``Director, Geriatrics and 
Extended Care Operations''.


Sec.  53.11  [Amended]

0
3. Amend Sec.  53.11(a)(5) by removing ``Chief Consultant, Geriatrics 
and Extended Care'' and adding, in its place, ``Director, Geriatrics 
and Extended Care Operations''.


Sec.  53.20  [Amended]

0
4. Amend Sec.  53.20(a) by removing ``(114)''.


Sec.  53.30  [Amended]

0
5. Amend Sec.  53.30(b) by removing ``Chief Consultant, Geriatrics and 
Extended Care'' and adding, in its place, ``Director, Geriatrics and 
Extended Care Operations''.


Sec.  53.40  [Amended]

0
6. Amend Sec.  53.40 by removing ``Chief Consultant, Geriatrics and 
Extended Care (114)'' and adding, in its place, ``Director, Geriatrics 
and Extended Care Operations''.


Sec.  53.41  [Amended]

0
7. Amend Sec.  53.41 by:
0
a. Removing ``Chief Consultant, Geriatrics and Extended Care'' and 
adding, in its place, ``Director, Geriatrics and Extended Care 
Operation''.
0
b. Removing ``Chief Consultant'' and adding, in its place, 
``Director''.

[FR Doc. 2012-29750 Filed 12-7-12; 8:45 am]
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