Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 11339 

(adjusted annually for inflation) in any 

given year. This rule has no such effect 

on state, local and tribal governments, 

or on the private sector. 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all 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, and other advantages; 

distributive impacts; and equity). The 

Order classifies a ‘‘significant regulatory 

action,’’ requiring review by the Office 

of Management and Budget (OMB), as a 

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, state, local, or tribal governments 

or communities; (2) create a serious 

inconsistency or otherwise interfere 

with an action planned or taken 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 the Executive Order. 

The economic, interagency, 

budgetary, legal, and policy 

implications of this rule have been 

examined, and it has been determined 

not to be a significant regulatory action 

under Executive Order 12866. 

Paperwork Reduction Act 

This rule does not contain any 

collections of information under the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520). 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this rule does 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 rule only 

affects individuals, not small entities. 

Therefore, 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 

64.009, Veterans Medical Care Benefits; 

64.011, Veterans Dental Care; 64.012, 

Veterans Prescription Service; 64.013, 

Veterans Prosthetic Appliances; 64.019, 

Veterans Rehabilitation Alcohol and 

Drug Dependence; and 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, approved this 

document on February 24, 2011 for 

publication. 

List of Subjects in 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, Medical and 

dental schools, Medical devices, 

Medical research, Mental health 

programs, Nursing homes, Philippines, 

Reporting and recordkeeping 

requirements, Scholarships and 

fellowships, Travel and transportation 

expenses, Veterans. 

Dated: February 25, 2011. 

William F. Russo, 

Director, Regulations Management, 

Department of Veterans Affairs. 

For the reasons stated in the 

preamble, VA amends 38 CFR part 17 as 

follows: 

PART 17—MEDICAL 

■ 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 § 17.38(c)(5) to read as 

follows: 

§ 17.38 Medical benefits package. 

* * * * * 

(c) * * * 

(5) Hospital and outpatient care for a 

veteran who is either a patient or inmate 

in an institution of another government 

agency if that agency has a duty to give 

the care or services. This exclusion does 

not apply to veterans who are released 

from incarceration in a prison or jail 

into a temporary housing program (such 

as a community residential re-entry 

center or halfway house). 

* * * * * 

[FR Doc. 2011–4686 Filed 3–1–11; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 51 

RIN 2900–AN59 

Update to NFPA 101, Life Safety Code, 

for State Home Facilities 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document adopts as a 

final rule without change the proposed 

rule to amend the Department of 

Veterans Affairs (VA) regulations 

governing the physical environment of 

State Home facilities. The final rule will 

require State Home facilities that receive 

a per diem for providing nursing home 

care to eligible veterans to meet certain 

provisions of the 2009 edition of the 

National Fire Protection Association’s 

NFPA 101, Life Safety Code. The change 

is designed to assure that State Home 

facilities meet current industry-wide 

standards regarding life safety and fire 

safety. 

DATES: Effective Date: This final rule is 

effective April 1, 2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this rule 

as of April 1, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Theresa Hayes at (202) 461–6771, Office 

of Geriatrics and Extended Care, 

Veterans Health Administration, 

Department of Veterans Affairs, 810 

Vermont Avenue, NW., Washington, DC 

20420. (The telephone number above is 

not a toll-free number.) 

SUPPLEMENTARY INFORMATION: In a 

document published in the Federal 

Register on April 7, 2010 (75 FR 17644), 

VA proposed to amend 38 CFR 51.200, 

which governs the physical 

environment of facilities for which VA 

pays per diem to a state for providing 

nursing home care to eligible veterans. 

We proposed to update the regulation to 

require State Home facilities to meet 

certain provisions of the National Fire 

Protection Association’s NFPA 101, Life 

Safety Code (2009 edition) (NFPA 101), 

and proposed to incorporate that edition 

by reference. We provided a 60-day 

comment period and received one 

comment. 

The comment was from the National 

Fire Protection Association. The 

commenter noted that there are several 

differences between the 2006 and 2009 

editions of NFPA 101. The commenter 

noted that the 2009 edition clarifies the 

circumstances in which a ‘‘change in 

occupancy’’ classification would be 

considered when an existing building is 

WReier-Aviles on DSKGBLS3C1PROD with RULES

11340 Federal Register / Vol. 76, No. 41 / Wednesday, March 2, 2011 / Rules and Regulations 

converted into a nursing home; clarifies 

the provisions for multiple and separate 

occupancy for nursing homes; enhances 

door locking provisions based on 

clinical need or specialized security 

measures; recognizes the use of aerosolbased alcohol hand rub dispensers; and 

clarifies latching provisions for certain 

doors that open into/onto corridors. In 

the proposed rule, we noted that we 

were not aware of any significant 

changes from the 2006 edition to the 

2009 edition. The commenter 

acknowledged that the differences 

between the two editions are 

insignificant. Because none of the 

applicable updates to the 2009 edition 

of NFPA 101 require costly or 

significant changes to the facilities 

governed by this rule, we make no 

changes based on this comment. 

This final rule amends § 51.200 as 

proposed without changes, and 

incorporates by reference NFPA 101, in 

accordance with 5 U.S.C. 552(a) and 

1 CFR part 51. 

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 

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 new 

collections of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3521). 

Executive Order 12866 

Executive Order 12866 directs 

agencies to assess all 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, and other advantages; 

distributive impacts; and equity). The 

Executive Order classifies a ‘‘significant 

regulatory action,’’ requiring review by 

the Office of Management and Budget 

(OMB) unless OMB waives such review, 

as any regulatory action that is likely to 

result in a rule that may: (1) Have an 

annual effect on the economy of $100 

million or more or adversely affect in a 

material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or state, local, or tribal 

governments or communities; (2) create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights and obligations of 

recipients thereof; or (4) raise novel 

legal or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. 

VA has examined the economic, 

interagency, budgetary, legal, and policy 

implications of this final rule and has 

concluded that it does not constitute a 

significant regulatory action under the 

Executive Order. 

Regulatory Flexibility Act 

The Secretary hereby certifies that 

this regulatory amendment 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 

rulemaking will affect veterans and 

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 

that are operated by entities under 

contract with state governments. These 

contractors are not small entities. 

Therefore, pursuant to 5 U.S.C. 605(b), 

this amendment 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; and 64.026, 

Veterans State Adult Day Health Care. 

Signing Authority 

The Secretary of Veterans Affairs, or 

designee, approved this document and 

authorized the undersigned to sign and 

submit the document to the Office of the 

Federal Register for publication 

electronically as an official document of 

the Department of Veterans Affairs. John 

R. Gingrich, Chief of Staff, Department 

of Veterans Affairs, approved this 

document on February 8, 2011, for 

publication. 

List of Subjects in 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. 

Dated: February 23, 2011. 

Robert C. McFetridge, 

Director, Regulations Policy and 

Management, Department of Veterans Affairs. 

For the reasons stated above, VA 

amends 38 CFR part 51 as follows: 

PART 51—PER DIEM FOR NURSING 

HOME CARE OF VETERANS IN STATE 

HOMES 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 38 U.S.C. 101, 501, 1710, 1741– 

1743, 1745. 

■ 2. Amend § 51.200, by removing the 

phrase ‘‘NFPA 101, Life Safety Code 

(2006 edition)’’ each place it appears 

and adding, in its place, ‘‘NFPA 101, 

Life Safety Code (2009 edition)’’. 

[FR Doc. 2011–4430 Filed 3–1–11; 8:45 am] 

BILLING CODE 8320–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2009–0996; FRL–8859–5] 

Potassium Hypochlorite; Exemption 

From the Requirement of a Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

the exemption from the requirement of 

a tolerance for residues of Potassium 

hypochlorite. Enviro Tech Chemical 

Services, Inc. submitted a petition to 

EPA under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), requesting that 

Potassium hypochlorite in end-use 

products be eligible for the exemption 

from the requirement of a tolerance. 

WReier-Aviles on DSKGBLS3C1PROD with RULES