Update to NFPA Standards, Incorporation by Reference, 44859-44863 [2015-18332]
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
New England. For information about
regulations and restrictions for
waterway use during the effective
periods of these events, please refer to
33 CFR 100.120 and 33 CFR 165.171.
This notice is issued under authority
of 33 CFR 100.120, 33 CFR 165.171, and
5 U.S.C. 552 (a). In addition to this
notice in the Federal Register, the Coast
Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners and marine
information broadcasts. If the COTP
determines that the regulated area need
not be enforced for the full duration
stated in this notice, he or she may use
a Broadcast Notice to Mariners to grant
general permission to enter the
regulated area.
Dated: June 29, 2015.
M. A. Baroody,
Captain, U.S. Coast Guard, Captain of the
Port Sector Northern New England.
[FR Doc. 2015–18457 Filed 7–27–15; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 17, 51, 52, and 59
RIN 2900–AO90
Update to NFPA Standards,
Incorporation by Reference
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending 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 is continuing to
rely upon NFPA codes and standards for
VA approval of such facilities. This
rulemaking updates our regulations to
adhere to more recent NFPA codes and
standards.
DATES: This regulation is effective
August 27, 2015. The incorporation by
reference of certain publications listed
in the regulations is approved by the
Director of the Federal Register as of
August 27, 2015.
FOR FURTHER INFORMATION CONTACT:
David Klein, Fire Protection Engineer,
(10NA8), Veterans Health
Administration, Department of Veterans
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SUMMARY:
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Affairs, 810 Vermont Avenue NW.,
Washington, DC 20420, (202) 632–7888.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In a
document published in the Federal
Register on July 15, 2014, VA proposed
to amend its regulations concerning the
incorporation by reference of the
National Fire Protection Association
(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. 79 FR 41153. We stated in the
proposed rule that 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 3year cycle. We also stated that 38 CFR
17.1 is the regulation where VA
incorporates by reference the NFPA
codes and standards cited in §§ 17.63,
17.74, 17.81, and 17.82. The NFPA
codes and standards are also referenced
in §§ 51.200, 52.200, and 59.130. VA
relies on the NFPA codes and standards
in order to provide consistency across
the country. By adopting the most
current editions of these codes and
standards, VA works to ensure that
veterans reside and receive care in
facilities that are safe while ensuring
that these facilities maintain high levels
of safety by following one set of codes
and standards for the design,
renovation, and inspection for
community facilities used or approved
by VA.
This rulemaking amends § 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. This
rulemaking also amends §§ 51.200,
52.200, and 59.130 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 current § 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
§§ 51.200 and 59.130 are NFPA 101
(2009 edition) and NFPA 99, Standard
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44859
for Health Care Facilities (2005). NFPA
codes and standards updated from the
edition referenced in current § 52.200 is
NFPA 101, Life Safety Code (2000
edition). This final rulemaking updates
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 are also updating 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 are
making minor amendments to reflect
these changes.
We provided a 60-day comment
period, which ended on September 15,
2014. We received one comment on the
proposed rule. The commenter
supported the proposed rule, but
indicated that the 2015 Edition of NFPA
101 became available on September 11,
2014. The commenter suggested that in
addition to the changes in the proposed
rule, VA adopt the 2015 standards as
well. We agree with the commenter,
however, prior to adopting the new
standards, VA will issue a proposed
rulemaking and allow the public to
comment on the NFPA 101 standards
for 2015 before these changes can
become final. VA will address the
suggestion in a future rulemaking.
This final rule is reorganizing § 17.1
by placing the NFPA standards in
numerical order. These edits to § 17.1
are technical only. We are not making
any edits to the content of § 17.1, other
than those already stated in the
proposed rulemaking. We are also
amending §§ 51.200 and 59.130 by
removing the incorporation by reference
language from the individual paragraphs
where the NFPA codes are referenced
and adding a new paragraph that will
incorporate by reference all of the NFPA
codes currently referenced in each
paragraph. The new paragraph in
§§ 51.200 and 59.130 adds clarity to
each section but does not alter the
content. This merely is a technical
change.
In the proposed rulemaking, we stated
that we would be adding a new
paragraph (c) to § 17.1. This
subparagraph was intended to permit
fire and safety specialists to determine
when upgrades to existing facilities are
necessary on a case-by-case basis. The
proposed paragraph was intended as an
exception to the NFPA codes and
standards for Medical Foster Homes.
Upon further consideration, we are not
going to adopt the new paragraph (c) in
§ 17.1 because this regulation merely
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
establishes the incorporation by
reference of NFPA standards and does
not address the enforcement of such
standards. The proposed paragraph (c)
would have essentially acted as an
exception to the NFPA standards,
however, this exception is already
present in the sections of the NFPA
standards that are incorporated by
reference in § 17.1. Specifically, the
exception that was proposed in
paragraph (c) is covered for community
residential care facilities, contract
facilities for certain outpatient and
residential services, and State home
facilities through NFPA 101 Chapter 2.
The Medical Foster Homes, however,
are unique in that they do not fall into
any specific occupancy category within
NFPA 101 and thus to ensure that the
exception will also apply to Medical
Foster Homes, we are incorporating the
proposed language in § 17.1(c) into
current § 17.74(a)(3), which specifically
relates to Medical Foster Home owners.
The provisions added to § 17.74(a)(3)
excepts Medical Foster Home owners
from the blanket requirement of having
to modify existing fire protection
systems to meet the updated installation
standards and instead permits fire and
safety specialists to determine when
upgrades to existing facilities are
necessary on a case-by-case basis. This
exception will only apply to existing
Medical Foster Homes. New homes to
the program will be required to meet the
updated editions of the fire protection
system installation standards. We
believe that the non-adoption of the
proposed paragraph (c) of § 17.1 and the
inclusion of the language in proposed
§ 17.1(c) in § 17.74(a)(3) is nonsubstantive and a logical outgrowth of
the proposed rulemaking.
We have revised § 51.200(a) by
removing the exception for the
application of NFPA 101 (2009 edition)
for paragraph 19.3.5.1. This exception
was added to delay the enforcement of
paragraph 19.3.5.1 until August 13,
2013. Since this date has passed and
State homes were on notice that the
exception would expire on this date, we
are making a technical change to remove
the outdated language.
Based on the rationale set forth in the
SUPPLEMENTARY INFORMATION to the
proposed rule and in this final rule, VA
is adopting the proposed rule as a final
rule with the changes stated in the
SUPPLEMENTARY INFORMATION of this
rulemaking.
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. 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. This rulemaking updates
NFPA 25 to the 2011 edition and
updates NFPA 720 to the 2012 edition.
The 2012 edition of NFPA 99, Health
Care Facilities Code, revises the fire
safety standards to provide for safety
standards that are based on the risk of
a critical condition and remain
relatively unchanged from the previous
edition. The standard for NFPA 30,
Flammable and Combustible Liquids
Code, has not changed; however, the
paragraph that contains the definition of
safety can has changed in the 2012
edition. We are removing the citation to
the specific paragraph and merely
referencing the standard to avoid future
minor reorganizational changes made by
NFPA. The materials for which we are
seeking incorporation by reference are
available for inspection at the ANSI
Incorporation by Reference (IBR) Portal,
https://ibr.ansi.org. 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.)
Approval of Incorporations by
Reference
This rulemaking updates the
references to the NFPA codes and
standards in the cited VA regulations.
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).
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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.
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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
updates current fire safety standards
and will not require more than a modest
capital investment on the part of
affected entities. The changes to § 17.1
will 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 § 17.74 will 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
final rule incurred by either community
residential care facilities or Medical
Foster Homes will 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 is 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
provides options that are less restrictive
than the prior NFPA codes and
standards. The changes to §§ 17.81 and
17.82 will 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 will affect 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. On this basis, the
Secretary certifies that the adoption of
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. Therefore, under
5 U.S.C. 605(b), this rulemaking is
exempt from the final regulatory
flexibility analysis requirements of 5
U.S.C. 604.
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Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
Executive Orders 12866 and 13563
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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 (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.’’
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
https://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 https://www.va.gov/orpm/, by
following the link for VA Regulations
Published From FY 2004 Through Fiscal
Year to Date.
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
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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
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.
Robert L. Nabors II, Chief of Staff,
Department of Veterans Affairs,
approved this document on July 20,
2015, for publication.
List of Subjects
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, Incorporation
by reference, 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,
Incorporation by reference, Mental
health programs, Nursing homes,
Reporting and recordkeeping
Frm 00033
Fmt 4700
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,
Incorporation by reference, 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, Incorporation
by reference, Medical and dental
schools, Medical devices, Medical
research, Mental health programs,
Nursing homes, Reporting and
recordkeeping requirements, Travel and
transportation expenses, Veterans.
Dated: July 22, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy
& Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set forth in the
preamble, VA amends 38 CFR parts 17,
51, 52, and 59 as follows:
PART 17—MEDICAL
38 CFR Part 17
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1. The authority citation for part 17
continues to read as follows:
■
Authority: 38 U.S.C. 501, and as noted in
specific sections.
■
2. Revise § 17.1 to read as follows:
§ 17.1
Incorporation by reference.
(a) Certain materials are incorporated
by reference into this part with the
approval of the Director of the Federal
Register under 5 U.S.C. 552(a) and 1
CFR part 51. To enforce an edition of a
publication other than that specified in
this section, VA will provide notice of
the change in a rule in the Federal
Register and the material will be made
available to the public. All approved
materials are available for inspection at
the Department of Veterans Affairs,
Office of Regulation Policy and
Management (02REG), 810 Vermont
Avenue NW., Room 1068, Washington,
DC 20420, call 202–461–4902, or at the
National Archives and Records
Administration (NARA). For
information on the availability of
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approved materials at NARA, call (202)
741–6030, or go to: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(b) National Fire Protection
Association, 1 Batterymarch Park,
Quincy, MA 02269. (For ordering
information, call toll-free 1–800–344–
3555).
(1) NFPA 10, Standard for Portable
Fire Extinguishers (2010 edition),
Incorporation by Reference (IBR)
approved for §§ 17.63, 17.74, and 17.81.
(2) NFPA 13, Standard for the
Installation of Sprinkler Systems (2010
edition), IBR approved for § 17.74.
(3) NFPA 13D, Standard for the
Installation of Sprinkler Systems in
One- and Two-Family Dwellings and
Manufactured Homes (2010 edition),
IBR approved for § 17.74.
(4) NFPA 13R, Standard for the
Installation of Sprinkler Systems in
Residential Occupancies Up To and
Including Four Stories in Height (2010
edition), IBR approved for § 17.74.
(5) NFPA 25, Standard for the
Inspection, Testing, and Maintenance of
Water-Based Fire Protection Systems
(2011 edition), IBR approved for § 17.74.
(6) NFPA 30, Flammable and
Combustible Liquids Code (2012
edition), IBR approved for § 17.74.
(7) NFPA 72, National Fire Alarm and
Signaling Code (2010 edition), IBR
approved for § 17.74.
(8) NFPA 101, Life Safety Code (2012
edition), IBR approved for §§ 17.63,
17.74 (chapters 1 through 11, 24, and
section 33.7), 17.81, and 17.82.
(9) NFPA 101A, Guide on Alternative
Approaches to Life Safety (2010
edition), IBR approved for § 17.63.
(10) NFPA 720, Standard for the
Installation of Carbon Monoxide (CO)
Detection and Warning Equipment
(2012 edition), IBR approved for § 17.74.
(Authority: 5 U.S.C. 552(a), 38 U.S.C. 501,
1721.)
3. Amend § 17.74 as follows:
a. By revising paragraph (a)(3).
b. In paragraph (g)(1), by removing
‘‘sections 24.3.4.1 or 24.3.4.2 of NFPA
101 (incorporated by reference, see
§ 17.1); section 24.3.4.3 of NFPA 101’’
and adding in its place ‘‘sections
24.3.4.1.1 or 24.3.4.1.2 of NFPA 101
(incorporated by reference, see § 17.1);
section 24.3.4.1.3 of NFPA 101’’.
■ c. In paragraph (o)(2), by removing
‘‘section 3.3.44 of’’.
The revision reads as follows:
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■
■
■
§ 17.74 Standards applicable to medical
foster homes.
(a)* * *
(3) Except as otherwise provided in
this section, meet the applicable
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provisions of chapters 1 through 11 and
24, and section 33.7 of NFPA 101
(incorporated by reference, see § 17.1),
and the other codes and chapters
identified in this section, as applicable.
Existing buildings or installations that
do not comply with the installation
provisions of the codes or standards
referenced in paragraph (b)(1) through
(5), (b)(8), and (b)(10) of § 17.1 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.
*
*
*
*
*
PART 51—PER DIEM FOR NURSING
HOME CARE OF VETERANS IN STATE
HOMES
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.
5. Amend § 51.200 by revising
paragraphs (a) and (b) and adding
paragraph (i) to read as follows:
■
§ 51.200
Physical environment.
*
*
*
*
*
(a) Life safety from fire. The facility
must meet the applicable provisions of
NFPA 101, Life Safety Code and NFPA
99, Health Care Facilities Code.
(b) Emergency power. (1) An
emergency electrical power system must
be provided to supply power adequate
for illumination of all exit signs and
lighting for the means of egress, fire
alarm and medical gas alarms,
emergency communication systems, and
generator task illumination.
(2) The system must be the
appropriate type essential electrical
system in accordance with the
applicable provisions of NFPA 101, Life
Safety Code and NFPA 99, Health Care
Facilities Code.
(3) When electrical life support
devices are used, an emergency
electrical power system must also be
provided for devices in accordance with
NFPA 99, Health Care Facilities Code.
(4) The source of power must be an
on-site emergency standby generator of
sufficient size to serve the connected
load or other approved sources in
accordance with NFPA 101, Life Safety
Code and NFPA 99, Health Care
Facilities Code.
*
*
*
*
*
(i)(1) Incorporation by reference of
these materials was approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials
incorporated by reference are available
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for inspection at the Department of
Veterans Affairs, Office of Regulation
Policy and Management (02REG), 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420, call 202–461–
4902, or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(2) National Fire Protection
Association, 1 Batterymarch Park,
Quincy, MA 02269. (For ordering
information, call toll-free 1–800–344–
3555).
(i) NFPA 99, Health Care Facilities
Code, Including all Gas & Vacuum
System Requirements, (2012 Edition).
(ii) NFPA 101, Life Safety Code (2012
edition).
*
*
*
*
*
PART 52—PER DIEM FOR ADULT DAY
HEALTH CARE OF VETERANS IN
STATE HOMES
6. The authority citation for part 52
continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 1741–1743,
unless otherwise noted.
§ 52.200
[Amended]
7. Amend § 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
8. The authority citation for part 59
continues to read as follows:
■
Authority: 38 U.S.C. 101, 501, 1710, 1742,
8105, 8131–8137.
9. Amend § 59.130 by revising
paragraph (d)(1) and adding paragraph
(i) to read as follows:
■
§ 59.130 General requirements for all State
home facilities.
*
*
*
*
*
(d)(1) State homes must meet the
applicable provisions of NFPA 101, Life
Safety Code, except that the NFPA
requirement in paragraph 19.3.5.1 for all
buildings containing nursing homes to
have an automatic sprinkler system is
not applicable until February 24, 2016
for ‘‘existing buildings’’ with nursing
home facilities as of June 25, 2001
(paragraph 3.3.36.5 in the NFPA 101
defines an ‘‘[e]xisting [b]uilding’’ as ‘‘[a]
building erected or officially authorized
prior to the effective date of the
adoption of this edition of the Code by
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28JYR1
Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
the agency or jurisdiction’’), and NFPA
99, Heath Care Facilities Code.
*
*
*
*
*
(i)(1) Incorporation by reference of
these materials was approved by the
Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51. These materials,
incorporated by reference, are available
for inspection at the Department of
Veterans Affairs, Office of Regulation
Policy and Management (02REG), 810
Vermont Avenue NW., Room 1068,
Washington, DC 20420, call 202–461–
4902, or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to: https://www.archives.gov/
federal_register/code_of_federal_
regulations/ibr_locations.html.
(2) National Fire Protection
Association, 1 Batterymarch Park,
Quincy, MA 02269. (For ordering
information, call toll-free 1–800–344–
3555.)
(i) NFPA 99, Health Care Facilities
Code, Including all Gas & Vacuum
System Requirements, (2012 Edition).
(ii) NFPA 101, Life Safety Code (2012
edition).
*
*
*
*
*
[FR Doc. 2015–18332 Filed 7–27–15; 8:45 am]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 9, 22, 85, 86, 600, 1033,
1036, 1037, 1039, 1042, 1065, 1066, and
1068
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Parts 512, 523, 534, 535, 537,
and 583
[EPA–HQ–OAR–2014–0827; NHTSA–2014–
0132; FRL–9931–48–OAR]
asabaliauskas on DSK5VPTVN1PROD with RULES
RIN 2060–AS16; 2127–AL52
Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium- and
Heavy-Duty Engines and Vehicles—
Phase 2; Notice of Public Hearings and
Comment Period
Environmental Protection
Agency (EPA) and National Highway
Traffic Safety Administration (NHTSA),
DOT.
ACTION: Notice of public hearings;
extension of comment period.
AGENCY:
VerDate Sep<11>2014
18:34 Jul 27, 2015
Jkt 235001
The Environmental Protection
Agency (EPA) and the National
Highway Transportation Safety
Administration (NHTSA) are
announcing public hearings to be held
for the joint proposed rules
‘‘Greenhouse Gas Emissions and Fuel
Efficiency Standards for Medium- and
Heavy-Duty Engines and Vehicles—
Phase 2,’’ and also for NHTSA’s Draft
Environmental Impact Statement. The
proposed rules were published in the
Federal Register on July 13, 2015. The
Draft Environmental Impact Statement
was published on June 19, 2015, and is
available on the NHTSA Web site
mentioned below. Two hearings will be
held on August 6 and August 18, 2015.
DATES: NHTSA and EPA will jointly
hold a public hearing on Thursday,
August 6, 2015, beginning at 9:00 a.m.
local time, and a second hearing on
Tuesday, August 18, 2015, beginning at
9:00 a.m. local time. EPA and NHTSA
will make every effort to accommodate
all speakers that arrive and register.
Each hearing will continue until
everyone has had a chance to speak. If
you would like to present oral testimony
at one of these this public hearings,
please contact the person identified
under FOR FURTHER INFORMATION
CONTACT by August 3, 2015, for the first
hearing, or by August 11, 2015, for the
second hearing.
In order to provide commenters 30
days after the last public hearing, the
comment period for the proposal is
being extended through September 17,
2015.
ADDRESSES: The August 6, 2015 hearing
will be held at the Palmer House Hilton
Hotel, 17 East Monroe Street, Chicago,
Illinois. The location for the August 18,
2015 hearing in the Los Angeles-Long
Beach, CA area will be announced in a
subsequent Federal Register document.
The hearings will be held at sites
accessible to individuals with
disabilities. Written comments on the
proposed rule may also be submitted to
EPA and NHTSA electronically, by
mail, by facsimile, or through hand
delivery/courier. Please refer to the
notice of proposed rulemaking for the
addresses and detailed instructions for
submitting written comments.
FOR FURTHER INFORMATION CONTACT: If
you would like to present oral testimony
at a public hearing, please contact
JoNell Iffland at EPA by the date
specified under DATES, at: Office of
Transportation and Air Quality,
Assessment and Standards Division
(ASD), Environmental Protection
Agency, 2000 Traverwood Drive, Ann
Arbor, MI 48105; telephone number:
(734) 214–4454; fax number: (734) 214–
SUMMARY:
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
44863
4050; email address: iffland.jonell@
epa.gov (preferred method for
registering). Please provide the
following information: Name, affiliation,
address, email address, and telephone
and fax numbers, and whether you
require accommodations such as a sign
language interpreter.
Questions concerning the NHTSA
proposed rule or Draft Environmental
Impact Statement should be addressed
to NHTSA: Ryan Hagen or Analiese
Marchesseault, Office of Chief Counsel,
National Highway Traffic Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590.
Telephone: (202) 366–2992. Questions
concerning the EPA proposed rule
should be addressed to EPA: Tad Wysor,
Office of Transportation and Air
Quality, Assessment and Standards
Division (ASD), Environmental
Protection Agency, 2000 Traverwood
Drive, Ann Arbor, MI 48105; telephone
number: (734) 214–4332; fax number:
(734) 214–4050; email address:
wysor.tad@epa.gov. You may learn more
about the jointly proposed rules by
visiting NHTSA’s or EPA’s Web sites at
https://www.nhtsa.gov/fuel-economy or
https://www.epa.gov/otaq/climate/regsheavy-duty.htm or by searching the
rulemaking dockets (NHTSA–2014–
0132; EPA–HQ–OAR–2014–0827) at
www.regulations.gov.
SUPPLEMENTARY INFORMATION: The
purpose of the public hearings is to
provide the public an opportunity to
present oral comments regarding
NHTSA and EPA’s proposal for
‘‘Greenhouse Gas Emissions Standards
and Fuel Efficiency Standards for
Medium- and Heavy-Duty Engines and
Vehicles—Phase 2.’’ These hearings also
offer an opportunity for the public to
provide oral comments regarding
NHTSA’s Draft Environmental Impact
Statement, accompanying the proposed
NHTSA fuel efficiency standards. The
proposed rules would establish a second
round of standards for the agencies’
comprehensive Heavy-Duty National
Program, which would further reduce
greenhouse gas emissions and increase
fuel efficiency for on-road heavy-duty
vehicles. These new standards would
phase in over time, beginning in the
2018 model year and entering into full
effect in model year 2027. NHTSA’s
proposed fuel consumption standards
and EPA’s proposed carbon dioxide
(CO2) emission standards are tailored to
each of four regulatory categories of
heavy-duty vehicles: (1) Combination
Tractors; (2) Trailers used in
combination with those tractors; (3)
Heavy-duty Pickup Trucks and Vans;
and (4) Vocational Vehicles. The
E:\FR\FM\28JYR1.SGM
28JYR1
]]>Agencies
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)]
[Rules and Regulations]
[Pages 44859-44863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18332]
=======================================================================
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending 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 is continuing
to rely upon NFPA codes and standards for VA approval of such
facilities. This rulemaking updates our regulations to adhere to more
recent NFPA codes and standards.
DATES: This regulation is effective August 27, 2015. The incorporation
by reference of certain publications listed in the regulations is
approved by the Director of the Federal Register as of August 27, 2015.
FOR FURTHER INFORMATION CONTACT: David Klein, Fire Protection Engineer,
(10NA8), Veterans Health Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 632-7888.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: In a document published in the Federal
Register on July 15, 2014, VA proposed to amend its regulations
concerning the incorporation by reference of the National Fire
Protection Association (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. 79 FR 41153. We stated in the proposed rule that
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. We also stated that 38 CFR 17.1 is the regulation where
VA incorporates by reference the NFPA codes and standards cited in
Sec. Sec. 17.63, 17.74, 17.81, and 17.82. The NFPA codes and standards
are also referenced in Sec. Sec. 51.200, 52.200, and 59.130. VA relies
on the NFPA codes and standards in order to provide consistency across
the country. By adopting the most current editions of these codes and
standards, VA works to ensure that veterans reside and receive care in
facilities that are safe while ensuring that these facilities maintain
high levels of safety by following one set of codes and standards for
the design, renovation, and inspection for community facilities used or
approved by VA.
This rulemaking amends 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. This rulemaking also
amends Sec. Sec. 51.200, 52.200, and 59.130 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 current Sec. 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). NFPA codes and standards updated from the
edition referenced in current Sec. 52.200 is NFPA 101, Life Safety
Code (2000 edition). This final rulemaking updates 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 are also updating 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 are making minor amendments to reflect these
changes.
We provided a 60-day comment period, which ended on September 15,
2014. We received one comment on the proposed rule. The commenter
supported the proposed rule, but indicated that the 2015 Edition of
NFPA 101 became available on September 11, 2014. The commenter
suggested that in addition to the changes in the proposed rule, VA
adopt the 2015 standards as well. We agree with the commenter, however,
prior to adopting the new standards, VA will issue a proposed
rulemaking and allow the public to comment on the NFPA 101 standards
for 2015 before these changes can become final. VA will address the
suggestion in a future rulemaking.
This final rule is reorganizing Sec. 17.1 by placing the NFPA
standards in numerical order. These edits to Sec. 17.1 are technical
only. We are not making any edits to the content of Sec. 17.1, other
than those already stated in the proposed rulemaking. We are also
amending Sec. Sec. 51.200 and 59.130 by removing the incorporation by
reference language from the individual paragraphs where the NFPA codes
are referenced and adding a new paragraph that will incorporate by
reference all of the NFPA codes currently referenced in each paragraph.
The new paragraph in Sec. Sec. 51.200 and 59.130 adds clarity to each
section but does not alter the content. This merely is a technical
change.
In the proposed rulemaking, we stated that we would be adding a new
paragraph (c) to Sec. 17.1. This subparagraph was intended to permit
fire and safety specialists to determine when upgrades to existing
facilities are necessary on a case-by-case basis. The proposed
paragraph was intended as an exception to the NFPA codes and standards
for Medical Foster Homes. Upon further consideration, we are not going
to adopt the new paragraph (c) in Sec. 17.1 because this regulation
merely
[[Page 44860]]
establishes the incorporation by reference of NFPA standards and does
not address the enforcement of such standards. The proposed paragraph
(c) would have essentially acted as an exception to the NFPA standards,
however, this exception is already present in the sections of the NFPA
standards that are incorporated by reference in Sec. 17.1.
Specifically, the exception that was proposed in paragraph (c) is
covered for community residential care facilities, contract facilities
for certain outpatient and residential services, and State home
facilities through NFPA 101 Chapter 2. The Medical Foster Homes,
however, are unique in that they do not fall into any specific
occupancy category within NFPA 101 and thus to ensure that the
exception will also apply to Medical Foster Homes, we are incorporating
the proposed language in Sec. 17.1(c) into current Sec. 17.74(a)(3),
which specifically relates to Medical Foster Home owners. The
provisions added to Sec. 17.74(a)(3) excepts Medical Foster Home
owners from the blanket requirement of having to modify existing fire
protection systems to meet the updated installation standards and
instead permits fire and safety specialists to determine when upgrades
to existing facilities are necessary on a case-by-case basis. This
exception will only apply to existing Medical Foster Homes. New homes
to the program will be required to meet the updated editions of the
fire protection system installation standards. We believe that the non-
adoption of the proposed paragraph (c) of Sec. 17.1 and the inclusion
of the language in proposed Sec. 17.1(c) in Sec. 17.74(a)(3) is non-
substantive and a logical outgrowth of the proposed rulemaking.
We have revised Sec. 51.200(a) by removing the exception for the
application of NFPA 101 (2009 edition) for paragraph 19.3.5.1. This
exception was added to delay the enforcement of paragraph 19.3.5.1
until August 13, 2013. Since this date has passed and State homes were
on notice that the exception would expire on this date, we are making a
technical change to remove the outdated language.
Based on the rationale set forth in the SUPPLEMENTARY INFORMATION
to the proposed rule and in this final rule, VA is adopting the
proposed rule as a final rule with the changes stated in the
SUPPLEMENTARY INFORMATION of this rulemaking.
Approval of Incorporations by Reference
This rulemaking updates the references to the NFPA codes and
standards in the cited VA regulations. 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. 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. This rulemaking updates NFPA 25
to the 2011 edition and updates NFPA 720 to the 2012 edition. The 2012
edition of NFPA 99, Health Care Facilities Code, revises the fire
safety standards to provide for safety standards that are based on the
risk of a critical condition and remain relatively unchanged from the
previous edition. The standard for NFPA 30, Flammable and Combustible
Liquids Code, has not changed; however, the paragraph that contains the
definition of safety can has changed in the 2012 edition. We are
removing the citation to the specific paragraph and merely referencing
the standard to avoid future minor reorganizational changes made by
NFPA. The materials for which we are seeking incorporation by reference
are available for inspection at the ANSI Incorporation by Reference
(IBR) Portal, https://ibr.ansi.org. 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
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-
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 updates current fire safety standards and will not
require more than a modest capital investment on the part of affected
entities. The changes to Sec. 17.1 will 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 will 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 final rule incurred by either community residential care
facilities or Medical Foster Homes will 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 is 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 provides options that are less restrictive than the
prior NFPA codes and standards. The changes to Sec. Sec. 17.81 and
17.82 will 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 will affect 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. On this basis, the Secretary
certifies that the adoption of 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. Therefore, under 5 U.S.C. 605(b), this rulemaking is exempt from
the final regulatory flexibility analysis requirements of 5 U.S.C. 604.
[[Page 44861]]
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 (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.''
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 https://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 https://www.va.gov/orpm/, by following the link for VA
Regulations Published From FY 2004 Through Fiscal Year to Date.
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
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. Robert L.
Nabors II, Chief of Staff, Department of Veterans Affairs, approved
this document on July 20, 2015, 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, Incorporation by reference, 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, Incorporation by reference, Mental health programs, Nursing
homes, Reporting and recordkeeping 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, Incorporation by reference, 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, Incorporation by reference, Medical and dental schools,
Medical devices, Medical research, Mental health programs, Nursing
homes, Reporting and recordkeeping requirements, Travel and
transportation expenses, Veterans.
Dated: July 22, 2015.
William F. Russo,
Acting Director, Office of Regulation Policy & Management, Office of
the General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, VA amends 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. Revise Sec. 17.1 to read as follows:
Sec. 17.1 Incorporation by reference.
(a) Certain materials are incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce an edition of a publication
other than that specified in this section, VA will provide notice of
the change in a rule in the Federal Register and the material will be
made available to the public. All approved materials are available for
inspection at the Department of Veterans Affairs, Office of Regulation
Policy and Management (02REG), 810 Vermont Avenue NW., Room 1068,
Washington, DC 20420, call 202-461-4902, or at the National Archives
and Records Administration (NARA). For information on the availability
of
[[Page 44862]]
approved materials at NARA, call (202) 741-6030, or go to: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(b) National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555).
(1) NFPA 10, Standard for Portable Fire Extinguishers (2010
edition), Incorporation by Reference (IBR) approved for Sec. Sec.
17.63, 17.74, and 17.81.
(2) NFPA 13, Standard for the Installation of Sprinkler Systems
(2010 edition), IBR approved for Sec. 17.74.
(3) NFPA 13D, Standard for the Installation of Sprinkler Systems in
One- and Two-Family Dwellings and Manufactured Homes (2010 edition),
IBR approved for Sec. 17.74.
(4) NFPA 13R, Standard for the Installation of Sprinkler Systems in
Residential Occupancies Up To and Including Four Stories in Height
(2010 edition), IBR approved for Sec. 17.74.
(5) NFPA 25, Standard for the Inspection, Testing, and Maintenance
of Water-Based Fire Protection Systems (2011 edition), IBR approved for
Sec. 17.74.
(6) NFPA 30, Flammable and Combustible Liquids Code (2012 edition),
IBR approved for Sec. 17.74.
(7) NFPA 72, National Fire Alarm and Signaling Code (2010 edition),
IBR approved for Sec. 17.74.
(8) NFPA 101, Life Safety Code (2012 edition), IBR approved for
Sec. Sec. 17.63, 17.74 (chapters 1 through 11, 24, and section 33.7),
17.81, and 17.82.
(9) NFPA 101A, Guide on Alternative Approaches to Life Safety (2010
edition), IBR approved for Sec. 17.63.
(10) NFPA 720, Standard for the Installation of Carbon Monoxide
(CO) Detection and Warning Equipment (2012 edition), IBR approved for
Sec. 17.74.
(Authority: 5 U.S.C. 552(a), 38 U.S.C. 501, 1721.)
0
3. Amend Sec. 17.74 as follows:
0
a. By revising paragraph (a)(3).
0
b. In paragraph (g)(1), by removing ``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 adding 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
c. In paragraph (o)(2), by removing ``section 3.3.44 of''.
The revision reads as follows:
Sec. 17.74 Standards applicable to medical foster homes.
(a)* * *
(3) Except as otherwise provided in this section, meet the
applicable provisions of chapters 1 through 11 and 24, and section 33.7
of NFPA 101 (incorporated by reference, see Sec. 17.1), and the other
codes and chapters identified in this section, as applicable. Existing
buildings or installations that do not comply with the installation
provisions of the codes or standards referenced in paragraph (b)(1)
through (5), (b)(8), and (b)(10) of Sec. 17.1 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.
* * * * *
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.
0
5. Amend Sec. 51.200 by revising paragraphs (a) and (b) and adding
paragraph (i) to read as follows:
Sec. 51.200 Physical environment.
* * * * *
(a) Life safety from fire. The facility must meet the applicable
provisions of NFPA 101, Life Safety Code and NFPA 99, Health Care
Facilities Code.
(b) Emergency power. (1) An emergency electrical power system must
be provided to supply power adequate for illumination of all exit signs
and lighting for the means of egress, fire alarm and medical gas
alarms, emergency communication systems, and generator task
illumination.
(2) The system must be the appropriate type essential electrical
system in accordance with the applicable provisions of NFPA 101, Life
Safety Code and NFPA 99, Health Care Facilities Code.
(3) When electrical life support devices are used, an emergency
electrical power system must also be provided for devices in accordance
with NFPA 99, Health Care Facilities Code.
(4) The source of power must be an on-site emergency standby
generator of sufficient size to serve the connected load or other
approved sources in accordance with NFPA 101, Life Safety Code and NFPA
99, Health Care Facilities Code.
* * * * *
(i)(1) Incorporation by reference of these materials was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. These materials incorporated by reference are
available for inspection at the Department of Veterans Affairs, Office
of Regulation Policy and Management (02REG), 810 Vermont Avenue NW.,
Room 1068, Washington, DC 20420, call 202-461-4902, or at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(2) National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555).
(i) NFPA 99, Health Care Facilities Code, Including all Gas &
Vacuum System Requirements, (2012 Edition).
(ii) NFPA 101, Life Safety 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 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.
0
9. Amend Sec. 59.130 by revising paragraph (d)(1) and adding paragraph
(i) to read as follows:
Sec. 59.130 General requirements for all State home facilities.
* * * * *
(d)(1) State homes must meet the applicable provisions of NFPA 101,
Life Safety Code, except that the NFPA requirement in paragraph
19.3.5.1 for all buildings containing nursing homes to have an
automatic sprinkler system is not applicable until February 24, 2016
for ``existing buildings'' with nursing home facilities as of June 25,
2001 (paragraph 3.3.36.5 in the NFPA 101 defines an ``[e]xisting
[b]uilding'' as ``[a] building erected or officially authorized prior
to the effective date of the adoption of this edition of the Code by
[[Page 44863]]
the agency or jurisdiction''), and NFPA 99, Heath Care Facilities Code.
* * * * *
(i)(1) Incorporation by reference of these materials was approved
by the Director of the Federal Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. These materials, incorporated by reference,
are available for inspection at the Department of Veterans Affairs,
Office of Regulation Policy and Management (02REG), 810 Vermont Avenue
NW., Room 1068, Washington, DC 20420, call 202-461-4902, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call 202-741-6030, or go to:
https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(2) National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02269. (For ordering information, call toll-free 1-800-344-
3555.)
(i) NFPA 99, Health Care Facilities Code, Including all Gas &
Vacuum System Requirements, (2012 Edition).
(ii) NFPA 101, Life Safety Code (2012 edition).
* * * * *
[FR Doc. 2015-18332 Filed 7-27-15; 8:45 am]
BILLING CODE 8320-01-P
