[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28322]


[[Page Unknown]]

[Federal Register: November 16, 1994]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Public Health Service

42 CFR Part 59a

RIN 0905-AE55

 

National Library of Medicine Grants

AGENCY: National Institutes of Health, Public Health Service, DHHS.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The National Institutes of Health is amending the regulations 
governing certain National Library of Medicine (NLM) grants to conform 
the maximum award amount set forth in the regulations to the maximum 
award amount set forth in the NIH Revitalization Act of 1993. The NIH 
Revitalization Act of 1993 increased the maximum award amount for an 
NLM grant for basic resources from $750,000 to $1,000,000. The 
regulations are being amended to reflect this statutory change.

EFFECTIVE DATE: This amendment is effective on November 16, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. Jerry Moore, Regulatory Affairs Officer, National Institutes of 
Health, Building 31, Room 3B11, 9000 Rockville Pike, Bethesda, Maryland 
20892-0001, telephone (301) 496-2832 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: The National Institutes of Health is 
amending the regulations at 42 CFR part 59a, subpart A, governing NLM 
grants for establishing, expanding, and improving basic medical library 
resources, authorized by section 474 of the Public Health Service (PHS) 
Act, as amended, by revising the introductory sentence of paragraph (b) 
of Sec. 59a.5 to set forth a maximum award amount of $1,000,000. This 
action is being taken so that the regulations will accurately reflect 
the new statutory limit of $1,000,000 on these grants.
    Additionally, Public Law 103-227, enacted on March 31, 1994, 
prohibits smoking in certain facilities in which minors will be 
present. The Department of Health and Human Services is now preparing 
to implement the provisions of that law. Until those implementation 
plans are in place, PHS continues to strongly encourage all grant 
recipients to provide a smoke-free workplace and promote the nonuse of 
all tobacco products.
    Under sections 553(b)(3)(B) and 553 (d) (1) and (3) of title 5, 
United States Code, notice, public comment, and delayed effective date 
procedures have been waived for this amendment based on a finding of 
good cause. These procedures for ensuring public participation in the 
rulemaking process and time for compliance are unnecessary because the 
change has already been made by section 1401 of Public Law 103-43 and 
it relieves the current restriction in the regulations limiting grant 
award amounts.

Regulatory Impact Statement

    Executive Order 12866 of September 30, 1993, Regulatory Planning 
and Review, requires the Department to prepare an analysis for any rule 
that meets one of the E. O. 12866 criteria for a significant regulatory 
action; that is, that may--
    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;
    Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or
    Raise novel legal or policy issues arising out of legal mandates, 
the President's priorities, or the principles set forth in E.O. 12866.
    In addition, the Department prepares a regulatory flexibility 
analysis, in accordance with the Regulatory Flexibility Act of 1980 (5 
U.S.C. chapter 6), if the rule is expected to have a significant impact 
on a substantial number of small entities.
    For the reasons outlined below, we do not believe this rule is 
economically significant nor do we believe that it will have a 
significant impact on a substantial number of small entities. In 
addition, this proposed rule is not inconsistent with the actions of 
any other agency.
    This rule merely codifies the maximum award amount established by 
law for NLM grants awarded under part 59a, subpart A, thereby 
conforming the regulations governing the grants to the NIH 
Revitalization Act of 1993. The grant program does not have a 
significant economic or policy impact on a broad cross-section of the 
public. Furthermore, this rule would only affect those institutions, 
organizations, or agencies authorized or qualified to carry on the 
functions of a medical library that are interested in participating in 
the program, subject to the normal accountability requirements for 
program participation. No institution, organization, or agency is 
obligated to participate in the program.
    For these same reasons, the Secretary certifies this proposed rule 
will not have a significant economic impact on a substantial number of 
small entities, and that a Regulatory Flexibility Analysis, as defined 
under the Regulatory Flexibility Act of 1980, is not required.

Paperwork Reduction Act of 1980

    This final rule does not contain any information collection, 
recordkeeping, or disclosure requirements subject to Office of 
management and Budget (OMB) review and approval under the Paperwork 
Reduction Act of 1980 (44 U.S.C. chapter 35).

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance (CDFA) numbered program 
affected by this final rule is: 93.879 Medical Library Assistance.

List of Subjects in 42 CFR Part 59a

    Grant programs-Health; Libraries; Medical research.

    Dated: October 28, 1994.
Philip R. Lee,
Assistant Secretary for Health.

    Approved: November 9, 1994.
Donna E. Shalala,
Secretary.

    For the reasons set out in the preamble, subject A of part 59a, 
title 42 of the Code of Federal Regulations, is amended as set forth 
below.

PART 59a--NATIONAL LIBRARY OF MEDICINE GRANTS

Subpart A--Grants for Establishing, Expanding, and Improving Basic 
Resources

    1. The authority citation for subpart A of part 59a continues to 
read as follows:

    Authority: 42 U.S.C. 286b-2, 286b-5.

    2. Section 59a.5 is amended by revising the introductory sentence 
in paragraph (b) to read as follows:


Sec. 59a.5  Awards.

* * * * *
    (b) Determination of award amount. An Award may not exceed 
$1,000,000 or other amount established by law for any fiscal year. * * 
*
* * * * *
[FR Doc. 94-28322 Filed 11-15-94; 8:45 am]
BILLING CODE 4140-01-P-M