80 FR 44859 - Update to NFPA Standards, Incorporation by Reference
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 80, Issue 144 (July 28, 2015)
Federal Register Volume 80, Issue 144 (July 28, 2015)
| Page Range | 44859-44863 | |
| FR Document | 2015-18332 |
[Federal Register Volume 80, Number 144 (Tuesday, July 28, 2015)] [Rules and Regulations] [Pages 44859-44863] From the Federal Register Online [www.thefederalregister.org] [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, http://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 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://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: http://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: http://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: http://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
![Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 44859
New England. For information about Affairs, 810 Vermont Avenue NW., for Health Care Facilities (2005). NFPA
regulations and restrictions for Washington, DC 20420, (202) 632–7888. codes and standards updated from the
waterway use during the effective (This is not a toll-free number.) edition referenced in current § 52.200 is
periods of these events, please refer to SUPPLEMENTARY INFORMATION: In a NFPA 101, Life Safety Code (2000
33 CFR 100.120 and 33 CFR 165.171. document published in the Federal edition). This final rulemaking updates
This notice is issued under authority Register on July 15, 2014, VA proposed the references to these NFPA codes and
of 33 CFR 100.120, 33 CFR 165.171, and to amend its regulations concerning the standards in the cited VA regulations to
5 U.S.C. 552 (a). In addition to this incorporation by reference of the reflect the most recent editions cited in
notice in the Federal Register, the Coast National Fire Protection Association NFPA 101, Life Safety Code (2012
Guard will provide the maritime (NFPA) codes and standards applicable edition). We are also updating cited
community with advance notification of to community residential care facilities, references within VA regulations to be
this enforcement period via the Local contract facilities for outpatient and consistent with the current NFPA codes
Notice to Mariners and marine residential treatment services for and standards. In some cases,
information broadcasts. If the COTP veterans with alcohol or drug reorganization of material in the NFPA
determines that the regulated area need dependence or abuse disabilities, codes and standards, without change in
not be enforced for the full duration Medical Foster Homes, and State home substance, has affected the citation
stated in this notice, he or she may use facilities. 79 FR 41153. We stated in the within VA regulations, and we are
a Broadcast Notice to Mariners to grant proposed rule that VA’s regulations that making minor amendments to reflect
general permission to enter the govern these facilities require that these these changes.
regulated area. We provided a 60-day comment
facilities meet certain provisions of the
period, which ended on September 15,
Dated: June 29, 2015. codes and standards published by
2014. We received one comment on the
M. A. Baroody, NFPA. These codes and standards are
proposed rule. The commenter
Captain, U.S. Coast Guard, Captain of the reviewed and updated by NFPA on a 3-
supported the proposed rule, but
Port Sector Northern New England. year cycle. We also stated that 38 CFR
indicated that the 2015 Edition of NFPA
[FR Doc. 2015–18457 Filed 7–27–15; 8:45 am] 17.1 is the regulation where VA
101 became available on September 11,
incorporates by reference the NFPA
BILLING CODE 9110–04–P 2014. The commenter suggested that in
codes and standards cited in §§ 17.63,
addition to the changes in the proposed
17.74, 17.81, and 17.82. The NFPA rule, VA adopt the 2015 standards as
DEPARTMENT OF VETERANS codes and standards are also referenced well. We agree with the commenter,
AFFAIRS in §§ 51.200, 52.200, and 59.130. VA however, prior to adopting the new
relies on the NFPA codes and standards standards, VA will issue a proposed
38 CFR Parts 17, 51, 52, and 59 in order to provide consistency across rulemaking and allow the public to
the country. By adopting the most comment on the NFPA 101 standards
RIN 2900–AO90 current editions of these codes and for 2015 before these changes can
standards, VA works to ensure that become final. VA will address the
Update to NFPA Standards,
veterans reside and receive care in suggestion in a future rulemaking.
Incorporation by Reference
facilities that are safe while ensuring This final rule is reorganizing § 17.1
AGENCY: Department of Veterans Affairs. that these facilities maintain high levels by placing the NFPA standards in
ACTION: Final rule. of safety by following one set of codes numerical order. These edits to § 17.1
and standards for the design, are technical only. We are not making
SUMMARY: The Department of Veterans renovation, and inspection for any edits to the content of § 17.1, other
Affairs (VA) is amending its regulations community facilities used or approved than those already stated in the
incorporating by reference the National by VA. proposed rulemaking. We are also
Fire Protection Association (NFPA) This rulemaking amends § 17.1 to amending §§ 51.200 and 59.130 by
codes and standards. These codes and reflect the current edition of NFPA 101, removing the incorporation by reference
standards are referenced in VA Life Safety Code, and the editions of the language from the individual paragraphs
regulations concerning community NFPA codes and standards that are cited where the NFPA codes are referenced
residential care facilities, contract in Chapter 2 of NFPA 101. This and adding a new paragraph that will
facilities for certain outpatient and rulemaking also amends §§ 51.200, incorporate by reference all of the NFPA
residential services, Medical Foster 52.200, and 59.130 to reflect the current codes currently referenced in each
Homes, and State home facilities. To editions of NFPA 101, Life Safety Code, paragraph. The new paragraph in
ensure the continued safety of veterans and NFPA 99, Health Care Facilities §§ 51.200 and 59.130 adds clarity to
in these facilities, VA is continuing to Code. The NFPA codes and standards each section but does not alter the
rely upon NFPA codes and standards for that have been updated since we content. This merely is a technical
VA approval of such facilities. This published current § 17.1 are NFPA 101, change.
rulemaking updates our regulations to Life Safety Code (2009 edition); NFPA In the proposed rulemaking, we stated
adhere to more recent NFPA codes and 25, Standard for the Inspection, Testing, that we would be adding a new
standards. and Maintenance of Water-Based Fire paragraph (c) to § 17.1. This
DATES: This regulation is effective Protection Systems (2008 edition); subparagraph was intended to permit
August 27, 2015. The incorporation by NFPA 30, Flammable and Combustible fire and safety specialists to determine
asabaliauskas on DSK5VPTVN1PROD with RULES
reference of certain publications listed Liquids Code (2008 edition); and NFPA when upgrades to existing facilities are
in the regulations is approved by the 720, Standard for the Installation of necessary on a case-by-case basis. The
Director of the Federal Register as of Carbon Monoxide (CO) Detection and proposed paragraph was intended as an
August 27, 2015. Warning Equipment (2009 edition). The exception to the NFPA codes and
FOR FURTHER INFORMATION CONTACT: NFPA codes and standards updated standards for Medical Foster Homes.
David Klein, Fire Protection Engineer, from the editions referenced in current Upon further consideration, we are not
(10NA8), Veterans Health §§ 51.200 and 59.130 are NFPA 101 going to adopt the new paragraph (c) in
Administration, Department of Veterans (2009 edition) and NFPA 99, Standard § 17.1 because this regulation merely
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![44862 Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations
approved materials at NARA, call (202) provisions of chapters 1 through 11 and for inspection at the Department of
741–6030, or go to: http:// 24, and section 33.7 of NFPA 101 Veterans Affairs, Office of Regulation
www.archives.gov/federal_register/ (incorporated by reference, see § 17.1), Policy and Management (02REG), 810
code_of_federal_regulations/ibr_ and the other codes and chapters Vermont Avenue NW., Room 1068,
locations.html. identified in this section, as applicable. Washington, DC 20420, call 202–461–
(b) National Fire Protection Existing buildings or installations that 4902, or at the National Archives and
Association, 1 Batterymarch Park, do not comply with the installation Records Administration (NARA). For
Quincy, MA 02269. (For ordering provisions of the codes or standards information on the availability of this
information, call toll-free 1–800–344– referenced in paragraph (b)(1) through material at NARA, call 202–741–6030,
3555). (5), (b)(8), and (b)(10) of § 17.1 shall be or go to: http://www.archives.gov/
(1) NFPA 10, Standard for Portable permitted to be continued in service, federal_register/code_of_federal_
Fire Extinguishers (2010 edition), provided that the lack of conformity regulations/ibr_locations.html.
Incorporation by Reference (IBR) with these codes and standards does not (2) National Fire Protection
approved for §§ 17.63, 17.74, and 17.81. present a serious hazard to the Association, 1 Batterymarch Park,
(2) NFPA 13, Standard for the occupants. Quincy, MA 02269. (For ordering
Installation of Sprinkler Systems (2010 * * * * * information, call toll-free 1–800–344–
edition), IBR approved for § 17.74. 3555).
(3) NFPA 13D, Standard for the PART 51—PER DIEM FOR NURSING (i) NFPA 99, Health Care Facilities
Installation of Sprinkler Systems in HOME CARE OF VETERANS IN STATE Code, Including all Gas & Vacuum
One- and Two-Family Dwellings and HOMES System Requirements, (2012 Edition).
Manufactured Homes (2010 edition),
(ii) NFPA 101, Life Safety Code (2012
IBR approved for § 17.74. ■ 4. The authority citation for part 51
(4) NFPA 13R, Standard for the edition).
continues to read as follows:
Installation of Sprinkler Systems in * * * * *
Authority: 38 U.S.C. 101, 501, 1710, 1720,
Residential Occupancies Up To and 1741–1743; and as stated in specific sections.
Including Four Stories in Height (2010 PART 52—PER DIEM FOR ADULT DAY
edition), IBR approved for § 17.74. ■ 5. Amend § 51.200 by revising HEALTH CARE OF VETERANS IN
(5) NFPA 25, Standard for the paragraphs (a) and (b) and adding STATE HOMES
Inspection, Testing, and Maintenance of paragraph (i) to read as follows:
■ 6. The authority citation for part 52
Water-Based Fire Protection Systems § 51.200 Physical environment. continues to read as follows:
(2011 edition), IBR approved for § 17.74.
(6) NFPA 30, Flammable and * * * * * Authority: 38 U.S.C. 101, 501, 1741–1743,
Combustible Liquids Code (2012 (a) Life safety from fire. The facility unless otherwise noted.
edition), IBR approved for § 17.74. must meet the applicable provisions of
NFPA 101, Life Safety Code and NFPA § 52.200 [Amended]
(7) NFPA 72, National Fire Alarm and
Signaling Code (2010 edition), IBR 99, Health Care Facilities Code. ■ 7. Amend § 52.200(a) by removing
approved for § 17.74. (b) Emergency power. (1) An ‘‘NFPA 101, Life Safety Code, 2000
(8) NFPA 101, Life Safety Code (2012 emergency electrical power system must edition’’ and add in its place ‘‘NFPA
edition), IBR approved for §§ 17.63, be provided to supply power adequate 101, Life Safety Code (2012 edition)’’.
17.74 (chapters 1 through 11, 24, and for illumination of all exit signs and
section 33.7), 17.81, and 17.82. lighting for the means of egress, fire PART 59—GRANTS TO STATES FOR
(9) NFPA 101A, Guide on Alternative alarm and medical gas alarms, CONSTRUCTION OR ACQUISITION OF
Approaches to Life Safety (2010 emergency communication systems, and STATE HOMES
edition), IBR approved for § 17.63. generator task illumination.
(10) NFPA 720, Standard for the (2) The system must be the ■ 8. The authority citation for part 59
Installation of Carbon Monoxide (CO) appropriate type essential electrical continues to read as follows:
Detection and Warning Equipment system in accordance with the Authority: 38 U.S.C. 101, 501, 1710, 1742,
(2012 edition), IBR approved for § 17.74. applicable provisions of NFPA 101, Life 8105, 8131–8137.
(Authority: 5 U.S.C. 552(a), 38 U.S.C. 501,
Safety Code and NFPA 99, Health Care ■ 9. Amend § 59.130 by revising
1721.) Facilities Code. paragraph (d)(1) and adding paragraph
(3) When electrical life support (i) to read as follows:
■ 3. Amend § 17.74 as follows: devices are used, an emergency
■ a. By revising paragraph (a)(3). electrical power system must also be § 59.130 General requirements for all State
■ b. In paragraph (g)(1), by removing provided for devices in accordance with home facilities.
‘‘sections 24.3.4.1 or 24.3.4.2 of NFPA NFPA 99, Health Care Facilities Code. * * * * *
101 (incorporated by reference, see (4) The source of power must be an (d)(1) State homes must meet the
§ 17.1); section 24.3.4.3 of NFPA 101’’ on-site emergency standby generator of applicable provisions of NFPA 101, Life
and adding in its place ‘‘sections sufficient size to serve the connected Safety Code, except that the NFPA
24.3.4.1.1 or 24.3.4.1.2 of NFPA 101 load or other approved sources in requirement in paragraph 19.3.5.1 for all
(incorporated by reference, see § 17.1); accordance with NFPA 101, Life Safety buildings containing nursing homes to
section 24.3.4.1.3 of NFPA 101’’. Code and NFPA 99, Health Care have an automatic sprinkler system is
■ c. In paragraph (o)(2), by removing
asabaliauskas on DSK5VPTVN1PROD with RULES
Facilities Code. not applicable until February 24, 2016
‘‘section 3.3.44 of’’.
The revision reads as follows: * * * * * for ‘‘existing buildings’’ with nursing
(i)(1) Incorporation by reference of home facilities as of June 25, 2001
§ 17.74 Standards applicable to medical these materials was approved by the (paragraph 3.3.36.5 in the NFPA 101
foster homes. Director of the Federal Register in defines an ‘‘[e]xisting [b]uilding’’ as ‘‘[a]
(a)* * * accordance with 5 U.S.C. 552(a) and 1 building erected or officially authorized
(3) Except as otherwise provided in CFR part 51. These materials prior to the effective date of the
this section, meet the applicable incorporated by reference are available adoption of this edition of the Code by
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![Federal Register / Vol. 80, No. 144 / Tuesday, July 28, 2015 / Rules and Regulations 44863
the agency or jurisdiction’’), and NFPA SUMMARY: The Environmental Protection 4050; email address: iffland.jonell@
99, Heath Care Facilities Code. Agency (EPA) and the National epa.gov (preferred method for
* * * * * Highway Transportation Safety registering). Please provide the
(i)(1) Incorporation by reference of Administration (NHTSA) are following information: Name, affiliation,
these materials was approved by the announcing public hearings to be held address, email address, and telephone
Director of the Federal Register in for the joint proposed rules and fax numbers, and whether you
accordance with 5 U.S.C. 552(a) and 1 ‘‘Greenhouse Gas Emissions and Fuel require accommodations such as a sign
CFR part 51. These materials, Efficiency Standards for Medium- and language interpreter.
incorporated by reference, are available Heavy-Duty Engines and Vehicles— Questions concerning the NHTSA
for inspection at the Department of Phase 2,’’ and also for NHTSA’s Draft proposed rule or Draft Environmental
Veterans Affairs, Office of Regulation Environmental Impact Statement. The Impact Statement should be addressed
Policy and Management (02REG), 810 proposed rules were published in the to NHTSA: Ryan Hagen or Analiese
Vermont Avenue NW., Room 1068, Federal Register on July 13, 2015. The Marchesseault, Office of Chief Counsel,
Washington, DC 20420, call 202–461– Draft Environmental Impact Statement National Highway Traffic Safety
4902, or at the National Archives and was published on June 19, 2015, and is Administration, 1200 New Jersey
Records Administration (NARA). For available on the NHTSA Web site Avenue SE., Washington, DC 20590.
information on the availability of this mentioned below. Two hearings will be Telephone: (202) 366–2992. Questions
material at NARA, call 202–741–6030, held on August 6 and August 18, 2015. concerning the EPA proposed rule
or go to: http://www.archives.gov/ DATES: NHTSA and EPA will jointly should be addressed to EPA: Tad Wysor,
federal_register/code_of_federal_ hold a public hearing on Thursday, Office of Transportation and Air
regulations/ibr_locations.html. August 6, 2015, beginning at 9:00 a.m. Quality, Assessment and Standards
(2) National Fire Protection local time, and a second hearing on Division (ASD), Environmental
Association, 1 Batterymarch Park, Tuesday, August 18, 2015, beginning at Protection Agency, 2000 Traverwood
Quincy, MA 02269. (For ordering 9:00 a.m. local time. EPA and NHTSA Drive, Ann Arbor, MI 48105; telephone
information, call toll-free 1–800–344– will make every effort to accommodate number: (734) 214–4332; fax number:
3555.) all speakers that arrive and register. (734) 214–4050; email address:
(i) NFPA 99, Health Care Facilities Each hearing will continue until wysor.tad@epa.gov. You may learn more
Code, Including all Gas & Vacuum everyone has had a chance to speak. If about the jointly proposed rules by
System Requirements, (2012 Edition). you would like to present oral testimony visiting NHTSA’s or EPA’s Web sites at
(ii) NFPA 101, Life Safety Code (2012 at one of these this public hearings, http://www.nhtsa.gov/fuel-economy or
edition). please contact the person identified http://www.epa.gov/otaq/climate/regs-
under FOR FURTHER INFORMATION heavy-duty.htm or by searching the
* * * * * CONTACT by August 3, 2015, for the first
[FR Doc. 2015–18332 Filed 7–27–15; 8:45 am]
rulemaking dockets (NHTSA–2014–
hearing, or by August 11, 2015, for the 0132; EPA–HQ–OAR–2014–0827) at
BILLING CODE 8320–01–P
second hearing. www.regulations.gov.
In order to provide commenters 30 SUPPLEMENTARY INFORMATION: The
days after the last public hearing, the purpose of the public hearings is to
ENVIRONMENTAL PROTECTION comment period for the proposal is provide the public an opportunity to
AGENCY being extended through September 17, present oral comments regarding
2015. NHTSA and EPA’s proposal for
40 CFR Parts 9, 22, 85, 86, 600, 1033,
ADDRESSES: The August 6, 2015 hearing ‘‘Greenhouse Gas Emissions Standards
1036, 1037, 1039, 1042, 1065, 1066, and
will be held at the Palmer House Hilton and Fuel Efficiency Standards for
1068
Hotel, 17 East Monroe Street, Chicago, Medium- and Heavy-Duty Engines and
Illinois. The location for the August 18, Vehicles—Phase 2.’’ These hearings also
DEPARTMENT OF TRANSPORTATION
2015 hearing in the Los Angeles-Long offer an opportunity for the public to
Beach, CA area will be announced in a provide oral comments regarding
National Highway Traffic Safety
subsequent Federal Register document. NHTSA’s Draft Environmental Impact
Administration
The hearings will be held at sites Statement, accompanying the proposed
accessible to individuals with NHTSA fuel efficiency standards. The
49 CFR Parts 512, 523, 534, 535, 537,
disabilities. Written comments on the proposed rules would establish a second
and 583
proposed rule may also be submitted to round of standards for the agencies’
[EPA–HQ–OAR–2014–0827; NHTSA–2014– EPA and NHTSA electronically, by comprehensive Heavy-Duty National
0132; FRL–9931–48–OAR] mail, by facsimile, or through hand Program, which would further reduce
delivery/courier. Please refer to the greenhouse gas emissions and increase
RIN 2060–AS16; 2127–AL52 notice of proposed rulemaking for the fuel efficiency for on-road heavy-duty
addresses and detailed instructions for vehicles. These new standards would
Greenhouse Gas Emissions and Fuel submitting written comments. phase in over time, beginning in the
Efficiency Standards for Medium- and FOR FURTHER INFORMATION CONTACT: If 2018 model year and entering into full
Heavy-Duty Engines and Vehicles— you would like to present oral testimony effect in model year 2027. NHTSA’s
Phase 2; Notice of Public Hearings and at a public hearing, please contact proposed fuel consumption standards
asabaliauskas on DSK5VPTVN1PROD with RULES
Comment Period JoNell Iffland at EPA by the date and EPA’s proposed carbon dioxide
AGENCY: Environmental Protection specified under DATES, at: Office of (CO2) emission standards are tailored to
Agency (EPA) and National Highway Transportation and Air Quality, each of four regulatory categories of
Traffic Safety Administration (NHTSA), Assessment and Standards Division heavy-duty vehicles: (1) Combination
DOT. (ASD), Environmental Protection Tractors; (2) Trailers used in
Agency, 2000 Traverwood Drive, Ann combination with those tractors; (3)
ACTION: Notice of public hearings;
Arbor, MI 48105; telephone number: Heavy-duty Pickup Trucks and Vans;
extension of comment period.
(734) 214–4454; fax number: (734) 214– and (4) Vocational Vehicles. The
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Document Created: 2018-02-23 09:28:34
Document Modified: 2018-02-23 09:28:34
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| 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. | |
| 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.) | |
| FR Citation | 80 FR 44859 | |
| RIN Number | 2900-AO90 | |
| CFR Citation | 38
CFR
17 38 CFR 51 38 CFR 52 38 CFR 59 | |
| CFR Associated | 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 and Veterans |
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