[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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