Updating Fire Safety Standards, 70885-70886 [2011-29471]
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Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Rules and Regulations
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 November 2, 2011, for
publication.
List of Subjects in 38 CFR Part 3
Administrative practice and
procedure, Claims, Disability benefits,
Health care, Pensions, Radioactive
materials, Veterans, Vietnam.
Dated: November 10, 2011.
Robert C. McFetridge,
Director of Regulation Policy and
Management, Office of the General Counsel,
Department of Veterans Affairs.
For the reasons set out in the
preamble, VA amends 38 CFR part 3 as
follows:
PART 3—ADJUDICATION
Subpart A—Pension, Compensation,
and Dependency and Indemnity
Compensation
1. The authority citation for part 3,
subpart A continues to read as follows:
■
Authority: 38 U.S.C. 501(a), unless
otherwise noted.
2. Revise § 3.810, paragraph (a) to read
as follows:
■
erowe on DSK2VPTVN1PROD with RULES
§ 3.810
Clothing allowance.
(a) Except as provided in paragraph
(d) of this section, a veteran who has a
service-connected disability, or a
disability compensable under 38 U.S.C.
1151 as if it were service connected, is
entitled, upon application therefore, to
an annual clothing allowance, which is
payable in a lump sum, as specified in
this paragraph.
(1) One clothing allowance. A veteran
is entitled to one annual clothing
allowance if—
(i) A VA examination or a hospital or
examination report from a facility
specified in § 3.326(b) establishes that
the veteran, because of a serviceconnected disability or disabilities due
to loss or loss of use of a hand or foot
compensable at a rate specified in
§ 3.350(a), (b), (c), (d), or (f), wears or
uses one qualifying prosthetic or
orthopedic appliance (including, but not
limited to, a wheelchair) which tends to
wear or tear clothing; or
(ii) The Under Secretary for Health or
a designee certifies that—
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16:55 Nov 15, 2011
Jkt 226001
(A) A veteran, because of a serviceconnected disability or disabilities,
wears or uses one qualifying prosthetic
or orthopedic appliance (including, but
not limited to, a wheelchair) which
tends to wear or tear clothing; or
(B) A veteran uses medication
prescribed by a physician for one skin
condition, which is due to a serviceconnected disability, that causes
irreparable damage to the veteran’s
outergarments.
(2) More than one clothing allowance;
multiple types of garments affected. A
veteran is entitled to an annual clothing
allowance for each prosthetic or
orthopedic appliance (including, but not
limited to, a wheelchair) or medication
used by the veteran if each appliance or
medication—
(i) Satisfies the requirements of
paragraph (a)(1) of this section; and
(ii) Affects more than one type of
article of clothing or outergarment.
(3) Two clothing allowances; single
type of garment affected. A veteran is
entitled to two annual clothing
allowances if a veteran uses more than
one prosthetic or orthopedic appliance,
(including, but not limited to, a
wheelchair), medication for more than
one skin condition, or an appliance and
a medication, and the appliance(s) or
medication(s)—
(i) Each satisfy the requirements of
paragraph (a)(1) of this section; and
(ii) Together tend to wear or tear a
single type of article of clothing or
irreparably damage a type of
outergarment at an increased rate of
damage to the clothing or outergarment
due to a second appliance or
medication.
*
*
*
*
*
[FR Doc. 2011–29579 Filed 11–15–11; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 59
RIN 2900–AN57
Updating Fire Safety Standards
Department of Veterans Affairs.
Final rule; affirmation.
AGENCY:
ACTION:
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
SUMMARY:
PO 00000
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Fmt 4700
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70885
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
E:\FR\FM\16NOR1.SGM
16NOR1
70886
Federal Register / Vol. 76, No. 221 / Wednesday, November 16, 2011 / Rules and Regulations
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).
erowe on DSK2VPTVN1PROD with RULES
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
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15:39 Nov 15, 2011
Jkt 226001
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]
BILLING CODE 8320–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
ACTION:
Final rule.
EPA is finalizing approval of
revisions to the San Joaquin Valley
Unified Air Pollution Control District
(SJVUAPCD) portion of the California
State Implementation Plan (SIP). These
revisions were proposed in the Federal
Register on September 12, 2011 and
concern volatile organic compound
(VOC) emissions from steam enhanced
crude oil production and aerospace
coating operations. We are approving
local rules that regulate these emission
sources under the Clean Air Act as
amended in 1990 (CAA or the Act).
SUMMARY:
Effective Date: These rules are
effective on December 16, 2011.
DATES:
EPA has established docket
number EPA–R09–OAR–2011–0701 for
this action. Generally, documents in the
docket for this action are available
electronically at https://
www.regulations.gov or in hard copy at
EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed at
https://www.regulations.gov, some
information may be publicly available
only at the hard copy location (e.g.,
copyrighted material, large maps, multivolume reports), and some may not be
available in either location (e.g.,
confidential business information
(CBI)). To inspect the hard copy
materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Adrianne Borgia, EPA Region IX, (415)
972–3576, borgia.adrianne@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Statutory and Executive Order Reviews
I. Proposed Action
On September 12, 2011 (76 FR 56134),
EPA proposed to approve the following
rules into the California SIP.
[EPA–R09–OAR–2011–0701; FRL–9490–1]
Revisions to the California State
Implementation Plan, San Joaquin
Valley Unified Air Pollution Control
District
Environmental Protection
Agency (EPA).
AGENCY:
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16NOR1
]]>Agencies
[Federal Register Volume 76, Number 221 (Wednesday, November 16, 2011)]
[Rules and Regulations]
[Pages 70885-70886]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29471]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 59
RIN 2900-AN57
Updating Fire Safety Standards
AGENCY: Department of Veterans Affairs.
ACTION: Final rule; affirmation.
-----------------------------------------------------------------------
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]
BILLING CODE 8320-01-P
