47072 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 29, 2008. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180. 474 is amended by 

revising the introductory text of 

paragraph (a)(1), by alphabetically 

adding the following commodities to the 

table in paragraph (a)(1); by removing 

the text from paragraph (b) and 

reserving the paragraph designation and 

heading; and by adding a new paragraph 

(c). 

§ 180.474 Tebuconazole; tolerances for 

residues. 

(a) General. (1) Tolerances are 

established for the residues of the 

fungicide, tebuconazole, alpha-[2-(4- 

Chlorophenyl)ethyl]-alpha-(1,1- 

dimethylethyl)-1H-1,2,4-triazole-1- 

ethanol in or on the following 

commodities: 

Commodity Parts per 

million 

* * * * * 

Apple, wet pomace ....................... 0.1 

Asparagus ..................................... 0.05 

* * * * * 

Bean, succulent ............................ 0.1 

Bean, dry seed ............................. 0.1 

Beet, garden, roots ....................... 0.70 

Beet, garden, tops ........................ 7.0 

Commodity Parts per 

million 

Brassica, leafy greens, subgroup 

5B .............................................. 2.5 

Coffee, green bean1 ..................... 0.15 

Coffee, roasted bean1 .................. 0.3 

Corn, field, grain ........................... 0.05 

Corn, field, forage ......................... 4.0 

Corn, field, stover ......................... 3.5 

Corn, pop, grain ............................ 0.05 

Corn, pop, stover .......................... 3.5 

Corn, sweet, kernel plus cob with 

husks removed .......................... 0.5 

Corn, sweet, forage ...................... 7.0 

Corn, sweet, stover ...................... 6.0 

Cotton, undelinted seed ............... 2.0 

Cotton, gin byproducts ................. 25.0 

Fruit, pome, group 11 ................... 0.05 

Fruit, stone, group 12, except 

cherry ........................................ 1.0 

Grain, aspirated fractions ............. 16.0 

* * * * * 

Hop, dried cones .......................... 35.0 

Lychee .......................................... 1.6 

Mango, postharvest ...................... 0.15 

* * * * * 

Okra .............................................. 1.2 

Onion, bulb, subgroup 3-07A ....... 0.2 

Onion, green, subgroup 3-07B ..... 1.3 

* * * * * 

Plum, pre- and post-harvest ......... 1.0 

* * * * * 

Soybean, forage ........................... 25 

Soybean, hay ................................ 50 

Soybean, seed .............................. 0.08 

Sunflower, seed ............................ 0.05 

Sunflower, meal ............................ 0.2 

Sunflower, refined oil .................... 0.2 

Vegetable, cucurbit, group 9 ........ 0.09 

* * * * * 

1There are no U.S. registrations as of 7/31/ 

2008. 

* * * * * 

(b) Section 18 emergency exemptions. 

[Reserved] 

(c) Tolerances with regional 

registrations. Tolerances with regional 

registrations for the residues of the 

fungicide, tebuconazole, alpha-[2-(4- 

Chlorophenyl)ethyl]-alpha-(1,1- 

dimethylethyl)-1H-1,2,4-triazole-1- 

ethanol in or on the following 

commodities: 

Commodity Parts per 

million 

Turnip, roots ................................. 0.5 

Turnip, tops ................................... 7.0 

* * * * * 

[FR Doc. E8–18625 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2007–0564; FRL–8374–4] 

Thifensulfuron Methyl; Pesticide 

Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of thifensulfuron 

methyl in or on barley, hay; oat, forage; 

oat, hay; wheat, forage, and wheat, hay. 

E.I. DuPont de Nemours and Company 

requested these tolerances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA). 

DATES: This regulation is effective 

August 13, 2008. Objections and 

requests for hearings must be received 

on or before October 14, 2008, and must 

be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION ). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ–

OPP–2007–0564. To access the 

electronic docket, go to http:// 

www.regulations.gov, and search for the 

docket ID number. Follow the 

instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S–

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305–

5805. 

FOR FURTHER INFORMATION CONTACT: 

Vickie Walters, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 


hsrobinson on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 47073 

(703) 305–5704; e-mail address: 

walters.vickie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, any 

person may file an objection to any 

aspect of this regulation and may also 

request a hearing on those objections. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ–

OPP–2007–0564 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before October 14, 2008. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA–

HQ–OPP–2007–0564, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

II. Petition for Tolerance 

In the Federal Register of September 

19, 2007 (72 FR 53577) (FRL–8144–3), 

EPA issued a notice pursuant to section 

408(d)(3) of FFDCA, 21 U.S.C. 

346a(d)(3), announcing the filing of a 

pesticide petition (PP 7F7219) by E.I. 

DuPont de Nemours and Company, 

DuPont Crop Protection, P.O. Box 

80038, Wilmington, DE 19880-0038. The 

petition requested that 40 CFR 

180.439(a) be amended by establishing 

tolerances for residues of the herbicide, 

thifensulfuron methyl, methyl-3-[[[[(4- 

methoxy-6-methyl-1,3,5-triazin-2- 

yl)amino]carbonyl]amino]sulfonyl]-2- 

thiophenecarboxylate, in or on barley, 

hay at 0.7 part per million (ppm), oat, 

forage at 0.2 ppm; oat, hay at 2.0 ppm; 

wheat, forage at 1.0 ppm; and wheat, 

hay at 0.8 ppm. That notice referenced 

a summary of the petition prepared by 

E. I. DuPont de Nemours and Company, 

the registrant, which is available to the 

public in the docket, http:// 

www.regulations.gov. There were no 

comments received in response to the 

notice of filing. 

Thifensulfuron methyl currently has 

tolerances for grain and straw from 

barley, oats, and wheat. No tolerances 

have been established for hay and forage 

of these commodities because 

thifensulfuron methyl’s registration 

under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), U.S.C. 136 et seq., restricts the 

feeding of hay and forage from treated 

barley, oats, and wheat to livestock. 

DuPont has applied to EPA to lift the 

feeding restriction in its FIFRA 

registration and this petition for hay and 

forage was filed in conjunction with that 

requested change. 

Based upon review of the field trial 

data supporting the petition, EPA is 

revising the tolerance levels for pending 

commodities as follows: barley, hay at 

0.8 ppm; oat, hay at 0.05 ppm; wheat, 

forage at 2.5 ppm; and wheat, hay at 0.7 

ppm. 

III. Aggregate Risk Assessment and 

Determination of Safety 

Section 408(b)(2)(A)(i) of FFDCA 

allows EPA to establish a tolerance (the 

legal limit for a pesticide chemical 

residue in or on a food) only if EPA 

determines that the tolerance is ‘‘safe.’’

Section 408(b)(2)(A)(ii) of FFDCA 

defines ‘‘safe’’ to mean that ‘‘there is a 

reasonable certainty that no harm will 

result from aggregate exposure to the 

pesticide chemical residue, including 

all anticipated dietary exposures and all 

other exposures for which there is 

reliable information.’’ This includes 

exposure through drinking water and in 

residential settings, but does not include 

occupational exposure. Section 

408(b)(2)(C) of FFDCA requires EPA to 

give special consideration to exposure 

of infants and children to the pesticide 

chemical residue in establishing a 

tolerance and to ‘‘ensure that there is a 

reasonable certainty that no harm will 

result to infants and children from 

aggregate exposure to the pesticide 

chemical residue.’’

Consistent with section 408(b)(2)(D) 

of FFDCA, and the factors specified in 

section 408(b)(2)(D) of FFDCA, EPA has 

reviewed the available scientific data 

and other relevant information in 

support of this action. EPA has 

sufficient data to assess the hazards of 

and to make a determination on 

aggregate exposure for the petitioned-for 

tolerances for residues of thifensulfuron 

methyl, methyl-3-[[[[(4-methoxy-6- 

methyl-1,3,5-triazin-2- 

yl)amino]carbonyl]amino]sulfonyl]-2- 

thiophenecarboxylate, on barley, hay at 

0.8 ppm; oat, forage at 0.2 ppm; oat, hay 

at 0.05 ppm; wheat, forage at 2.5 ppm 

and wheat, hay at 0.7 ppm. 

EPA has previously concluded that 

aggregate exposure to thifensulfuron 

methyl on the grain and straw of barley, 

oats, and wheat as well as other 


hsrobinson on PROD1PC76 with RULES
47074 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 

commodities is safe. (72FR13179 (March 

21, 2007)). Establishment of the 

requested thifensulfuron methyl 

tolerances on hay and forage of barley, 

oats, and hay will not change the 

exposure or risk estimates from this 

prior tolerance action because: 

1. The requested change in FIFRA 

registration for thifensulfuron methyl is 

only for the lifting of the feeding 

restriction on treated barley, oats, and 

wheat. There are no requested changes, 

such as to application rates that could 

affect residue levels on human food 

items. No changes in existing tolerances 

are necessary. 

2. The Agency has determined that 

there will not be finite residues of 

thifensulfuron methyl in animal 

commodities as a result of animals 

consuming thifensulfuron methyltreated barley, oats or wheat. 

3. Since thifensulfuron methyl is not 

being registered on any additional crops 

and the application rates to the 

registered crops are not increasing, there 

is no change in estimated drinking 

water estimates. 

4. No residential uses are being 

proposed. 

The toxicological profile, endpoints 

and current risk assessments are 

discussed in the final rule published in 

the Federal Register of March 21, 2007 

(72FR13179)(FRL–8117–1) which 

established tolerances for residues of 

thifensulfuron methyl in rice, grain at 

0.05 ppm; rice, straw at 0.05 ppm; 

sorghum, grain, forage at 0.05 ppm; 

sorghum, grain, grain at 0.05 ppm; and 

sorghum, grain, stover at 0.05 ppm. 

These previous risk assessments and the 

reasons that the current action does not 

change that risk assessment are 

discussed in the document entitled 

‘‘Ingredient: Thifensulfuron Methyl 

Title: Label Amendments and Petition 

for Tolerances on Wheat Forage and 

Hay, Oat Forage and Hay, and Barley, 

Hay.’’ This document can be found at 

http://www.regulations.gov. in docket 

EPA–HQ–OPP–2007–0564 and is 

identified as document 004. Based on 

risk assessments and the findings 

presented in the Federal Register notice 

above, EPA concludes that there is a 

reasonable certainty that no harm will 

result to the general population and to 

infants and children from aggregate 

exposure to thifensulfuron methyl 

residues. 

IV. Other Considerations 

A. Analytical Enforcement Methodology 

Adequate enforcement methodology 

((liquid chromatography/mass 

spectrometry/mass spectrometry (LC/ 

MS/MS)) is available to enforce the 

tolerance expression. The method may 

be requested from: Chief, Analytical 

Chemistry Branch, Environmental 

Science Center, 701 Mapes Rd., Ft. 

Meade, MD 20755–5350; telephone 

number: (410) 305–2905; e-mail address: 

residuemethods@epa.gov. 

B. International Residue Limits 

There are no established or proposed 

Codex Maximum residue limits (MRLs) 

for residues of thifensulfuron methyl. 

Canada and Mexico have established 

MRLs for thifensulfuron methyl on 

several plant commodities. However, no 

Canadian or Mexican MRLs for 

thifensulfuron methyl have been 

proposed or established for barley, hay; 

oat, forage; oat, hay; wheat, forage; or 

wheat, hay. 

V. Conclusion 

Therefore, tolerances are established 

for residues of thifensulfuron methyl, 

methyl-3-[[[[(4-methoxy-6-methyl-1,3,5- 

triazin-2- 

yl)amino]carbonyl]amino]sulfonyl]-2- 

thiophenecarboxylate, on barley, hay at 

0.8 ppm; oat, forage at 0.2 ppm; oat, hay 

at 0.05 ppm; wheat, forage at 2.5 ppm 

and wheat, hay at 0.7 ppm. 

VI. Statutory and Executive Order 

Reviews 

This final rule establishes tolerances 

under section 408(d) of FFDCA in 

response to a petition submitted to the 

Agency. The Office of Management and 

Budget (OMB) has exempted these types 

of actions from review under Executive 

Order 12866, entitled Regulatory 

Planning and Review (58 FR 51735, 

October 4, 1993). Because this final rule 

has been exempted from review under 

Executive Order 12866, this final rule is 

not subject to Executive Order 13211, 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001) or Executive Order 13045, 

entitled Protection of Children from 

Environmental Health Risks and Safety 

Risks (62 FR 19885, April 23, 1997). 

This final rule does not contain any 

information collections subject to OMB 

approval under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., nor does it require any special 

considerations under Executive Order 

12898, entitled Federal Actions to 

Address Environmental Justice in 

Minority Populations and Low-Income 

Populations (59 FR 7629, February 16, 

1994). 

Since tolerances and exemptions that 

are established on the basis of a petition 

under section 408(d) of FFDCA, such as 

the tolerance in this final rule, do not 

require the issuance of a proposed rule, 

the requirements of the Regulatory 

Flexibility Act (RFA) (5 U.S.C. 601 et 

seq.) do not apply. 

This final rule directly regulates 

growers, food processors, food handlers, 

and food retailers, not States or tribes, 

nor does this action alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Public Law 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 


hsrobinson on PROD1PC76 with RULES
Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Rules and Regulations 47075 

Dated: July 31, 2008. 

Donald R. Stubbs, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. Section 180.439 is amended by 

alphabetically adding the following 

commodities to the table in paragraph 

(a) to read as follows: 

§180.439 Thifensulfuron methyl; 

tolerances for residues. 

(a) * * * 

Commodity Parts per million 

* * * * * 

Barley, hay 0.8 

* * * * * 

Oat, forage 0.2 

* * * * * 

Oat, hay 0.05 

* * * * * 

Wheat, forage 2.5 

* * * * * 

Wheat, hay 0.7 

* * * * * 

* * * * * 

[FR Doc. E8–18457 Filed 8–12–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 483 

[CMS–3191–F] 

RIN 0938–AN79 

Medicare and Medicaid Programs; Fire 

Safety Requirements for Long Term 

Care Facilities, Automatic Sprinkler 

Systems 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule requires all 

long term care facilities to be equipped 

with sprinkler systems by August 13, 

2013. Additionally, this final rule 

requires affected facilities to maintain 

their automatic sprinkler systems once 

they are installed. 

DATES: These regulations are effective 

on October 14, 2008. The incorporation 

by reference listed in the rule is 

approved by the Director of the Federal 

Register October 14, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Danielle Shearer, (410) 786–6617; James 

Merrill, (410) 786–6998; Marcia 

Newton, (410) 786–5265; or Jeannie 

Miller, (410) 786–3164. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Overview of the Life Safety Code 

The Life Safety Code (LSC), published 

by the National Fire Protection 

Association (NFPA), a private, nonprofit 

organization dedicated to reducing loss 

of life due to fire, is a compilation of fire 

safety requirements. The LSC contains 

fire safety requirements for both new 

and existing buildings. It is updated 

through a consensus process and 

generally published every 3 years. 

Sections 1819(d)(2)(B) and 1919(d)(2)(B) 

of the Social Security Act (the Act) 

require that long term care facilities 

participating in the Medicare and 

Medicaid programs generally meet the 

applicable provisions of the edition of 

the LSC that is adopted by the Secretary. 

Beginning with the adoption of the 

1967 edition of the LSC in 1971, 

Medicare and Medicaid regulations 

have historically incorporated the LSC 

requirements by reference for all long 

term care facilities as well as other 

providers, while providing the 

opportunity for a Secretarial waiver of a 

requirement under certain 

circumstances. The statutory basis for 

incorporating NFPA’s LSC for our other 

providers is under the Secretary’s 

general rulemaking authority at sections 

1102 and 1871 of the Act, and under 

provider-specific provisions of title 

XVIII that permit us to issue regulations 

to protect the health and safety of 

participants in Medicare and Medicaid. 

We adopted the LSC to ensure that 

patients and residents are consistently 

protected from fire, regardless of the 

location in which they receive care. 

Since adopting and enforcing the 1967 

and subsequent editions of the LSC, 

there has been a significant decline in 

the number of multiple death fires, 

indicating that the LSC has been 

effective in improving fire safety in 

health care facilities. 

On October 26, 2001, we published a 

proposed rule (66 FR 54179), and on 

January 10, 2003, we published a final 

rule in the Federal Register, entitled 

‘‘Fire Safety Requirements for Certain 

Health Care Facilities’’ (68 FR 1374). In 

that final rule, we adopted the 2000 

edition of the LSC provisions as the 

standard governing Medicare and 

Medicaid health care facilities, 

including long term care facilities. The 

final rule required all existing long term 

care facilities to comply with the 2000 

edition of the LSC. 

The 2000 edition of the LSC required 

all newly constructed buildings 

containing health care facilities to have 

an automatic sprinkler system installed 

throughout the building. However, like 

all previous editions, the LSC did not 

require existing buildings to install 

automatic sprinkler systems throughout 

if they met certain construction 

standards, ranging from the size of the 

buildings to the types of material used 

in their construction. 

In accordance with the 2000 edition 

of the LSC, an existing building that 

meets the above-mentioned construction 

standards must install sprinklers if it 

undergoes a major renovation. However, 

in such cases, it is required to install 

sprinklers only in the renovated 

section(s). Therefore, a building may 

have sprinklers only on one floor or in 

one wing. We did not receive any timely 

public comments in response to the 

October 2001 proposed rule that 

addressed the issue of installing 

automatic sprinkler systems in 

buildings not undergoing major 

renovations. That is to say, no public 

comments supported, questioned or 

challenged our proposal to incorporate 

this LSC provision by reference. 

In the 2006 edition of the LSC, the 

NFPA decided to include an automatic 

sprinkler system requirement for all 

long term care facilities. We support the 

NFPA in its decision. We decided to 

proceed with this rule, without 

proposing adoption of the NFPA 2006 

edition of the LSC, because we want to 

avoid further delay in requiring an 

automatic sprinkler system in long term 

care facilities. As stated in the October 

27, 2006 proposed rule (71 FR 62957, 

62960), given the large scope of the LSC, 

we would not be able to adopt and 

enforce compliance with the 2006 

edition of the LSC until 2009 or 2010. 

Therefore, we decided at this time to 

proceed with rulemaking that does not 

include adoption of the NFPA 2006 

LSC. 

We will continue to work with the 

NFPA to revise and refine each edition 

of the LSC. We are currently working 

with the NFPA through its consensus 

process to revise and refine the 2009 

edition of the LSC. Once the 2009 

edition is issued, we will review the 

code in its entirety and explore the 

possibility of adopting it for all 


hsrobinson on PROD1PC76 with RULES