[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73441-73442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29105]



38 CFR Part 59

RIN 2900-AO60

Grants to States for Construction or Acquisition of State Homes

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.


SUMMARY: This rule adopts as final, without change, an interim final 
rule amending the Department of Veterans Affairs (VA) regulations 
governing prioritization of State applications for VA grants for the 
construction or acquisition of State home facilities that furnish 
domiciliary, nursing home, or adult day health care to veterans. As 
amended, the regulation gives preference to State applications that 
would use grant funds solely or primarily (under certain circumstances) 
to remedy cited life or safety deficiencies. This rulemaking also makes 
certain necessary technical amendments to regulations governing State 
home grants.

DATES: Effective Date: This final rule is effective December 6, 2013.

FOR FURTHER INFORMATION CONTACT: Edward A. Litvin, Director, Capital 
Asset Management and Support (10NA5), Veterans Health Administration, 
810 Vermont Avenue NW., Washington, DC 20420, (202) 632-8571. (This is 
not a toll-free number.)

SUPPLEMENTARY INFORMATION: In an interim final rule published in the 
Federal Register on April 10, 2013, at 78 FR 21262, VA amended 38 CFR 
59.50, which contains VA's regulations governing applications by States 
for grant funds to support the acquisition, construction, expansion, 
remodeling or alteration by States of State home facilities that 
furnish domiciliary, nursing home, or adult day health care to 
veterans, as authorized by 38 U.S.C. 8135. The interim final rule 
changed the way that VA prioritizes the applications for the 
construction grant funds each fiscal year. As amended, the regulation 
gives preference to State applications that would use grant funds 
solely or primarily (under certain circumstances) to remedy cited life 
or safety deficiencies. This rulemaking also makes certain necessary 
technical amendments. The interim final rule was effective immediately 
upon publication and provided a 60-day comment period, which ended on 
June 10, 2013. VA received no public comments and therefore makes no 
changes to the regulation.
    Based on the rationale set forth in the interim final rule, VA is 
adopting the interim final rule as a final rule with no changes.

Administrative Procedure Act

    In accordance with 5 U.S.C. 553(b)(B) and (d)(3), the Secretary of 
Veterans Affairs concluded that there was good cause to publish this 
rule without prior opportunity for public comment and to publish this 
rule with an immediate effective date. The Secretary found that it was 
contrary to the public interest to delay this rule for the purpose of 
soliciting advance public comment or to have a delayed effective date 
because this regulation will help VA ensure that veterans' lives and 
safety are protected in State homes.

Effect of Rulemaking

    Title 38 of the Code of Federal Regulations, as revised by this 
final rulemaking, represents VA's implementation of its legal authority 
on this subject. Other than future amendments to this regulation or 
governing statutes, no contrary guidance 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-

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 will directly affect only States 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 5 U.S.C. 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) 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 this Executive Order.''
    VA has examined the economic, interagency, budgetary, legal, and 
policy implications of this regulatory action, and it has been 
determined not to be a significant regulatory action under

[[Page 73442]]

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 final 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 numbers and titles for 
the programs affected by this document 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. Jose D. 
Riojas, Chief of Staff, Department of Veterans Affairs, approved this 
document on October 31, 2013, for publication.

List of Subjects in 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, 

    Dated: December 2, 2013.
Robert C. McFetridge,
Director of Regulations Policy and Management, Office of the General 
Counsel, Department of Veterans Affairs.


    Based on the rationale set forth in the Federal Register at 78 FR 
21262 on April 10, 2013, VA is adopting the interim final rule as a 
final rule with no changes.

[FR Doc. 2013-29105 Filed 12-5-13; 8:45 am]