[Federal Register Volume 63, Number 39 (Friday, February 27, 1998)]
[Rules and Regulations]
[Pages 9949-9951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4837]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
42 CFR Part 61
RIN 0991-AA96
Service Fellowships
AGENCY: Office of the Secretary, HHS.
ACTION: Interim final rule with request for comments.
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SUMMARY: The Department of Health and Human Services (HHS) is amending
the regulations governing service fellowships by revising the current
authority citation, extending the time limitation on initial
appointments from 2 years to 5 years, permitting extensions of
appointments for up to 5 years rather than year-to-year, and deleting
obsolete references to the Surgeon General. These changes are being
made to provide HHS health agencies with greater flexibility to recruit
and retain talented scientists and to update obsolete references.
DATES: Effective Date: February 27, 1998. Comment Date: The Secretary
is requesting written comments on this interim final rule which must be
received on or before April 28, 1998.
ADDRESSES: Written comments on the interim final rule may be sent to
Jerry Moore, NIH Regulations Officer, National Institutes of Health, 31
CENTER DR MSC 2075, BETHESDA, MD 20892-2075. Comments may also be sent
electronically by facsimile (301-402-0169) or by e-mail
([email protected]).
FOR FURTHER INFORMATION CONTACT: Jerry Moore at the address above or by
telephone (301) 496-4607; (not a toll-free number). For information
with regard to service fellowships contact Edie Bishop, Office of Human
Resource Management, National Institutes of Health, 31 CENTER DR MSC
0424, BETHESDA, MD 20892-0424, telephone (301) 402-9484 (not a toll-
free number.
SUPPLEMENTARY INFORMATION: Section 207(g) of the Public Health Service
Act, as amended, authorizes the Secretary to designate individual
scientists, other than Commissioned Officers of the Public Health
Service (PHS), to receive fellowships; to be appointed for duty with
the Service and compensated without regard to the civil service
classification laws; to hold their fellowships under conditions
prescribed therein; and to be assigned for studies or investigations
either in the United States or foreign countries during the terms of
their fellowships.
Consistent with the legislative intent of the PHS Act, Sec. 61.32
of the implementing regulations codified at 42 CFR Part 61, states that
service fellowships ``may be provided to secure the services of
talented scientists for a period of limited duration for health-related
research, studies, and investigations where the nature of the work or
the character of the individual's services render customary employing
methods impracticable or less effective.''
Section 61.38 currently restricts initial fellowship appointments
to a period not to exceed two years, with extensions on a year-to-year
basis. HHS is amending Sec. 61.38 of the service fellowship regulations
to make time limitations more flexible. Specifically, HHS is extending
the current time limitation on initial appointments from 2 to 5 years,
and revising the requirements with respect to extensions to permit
extensions for up to 5 years rather than year-to-year. These changes
are being made to provide HHS health agencies with greater flexibility
to recruit and retain their scientists. It is anticipated that the
increased flexibility will provide for simplified recruitment and
classification. Employment will continue to be linked to scientific
excellence as determined by agency peer review processes.
The authority citation and the references to the Surgeon General in
Sec. 61.33, Sec. 61.34, Sec. 62.35, Sec. 61.36, Sec. 61.37, and
Sec. 61.38 are being revised to reflect that the authority for the
service fellowships are vested in the Secretary, Sec. 61.30 is amended
to remove the paragraph designations and the definition for the term
``Surgeon General'' and to add the definition for the term
``Secretary,'' and Sec. 61.34 is amended to remove clause (b) and
redesignate clause (c) as (b) to reflect current policy.
Notice and public comment and delayed effective date have been
waived for these amendments because it has been found for good cause in
accordance with 5 U.S.C. 553(b)(B) that notice and comment are
``impracticable, unnecessary or contrary to the public interest.''
Notice and comment are unnecessary and contrary to the public interest
because the changes in the duration of service fellowship appointments
will not in any way adversely affect service fellowship recipients or
others, and the other changes are not substantive or remove obsolete
requirements regarding the qualifications of applicants. Extending the
permissible duration of the fellowships will make it possible for the
Public Health Service to better fulfill the purpose of encouraging and
promoting research through the fellowships and provide a broader range
of research options for the fellows. For the same reasons, this
regulation is effective immediately. This will enable both the Public
Health Service and the service fellows to benefit promptly from
appointments of longer duration. Applicants for fellowships or
recipients do not need any lead time to prepare for the changes because
all application requirements and conditions of the
[[Page 9950]]
appointment remain the same. The only substantive change is that the
permissible duration of the appointment is extended.
Although the amendments are published as an interim final rule and
are effective immediately, the Secretary requests comments on the
regulations. The Secretary will consider all comments and thereafter
will promptly publish a final rule.
The following statements are provided for public information.
Executive Order No. 12866
Executive Order No. 12866, Regulatory Planning and Review, requires
that all regulatory actions reflect consideration of the costs and
benefits they generate, and that they meet certain standards, such as
avoiding the imposition of unnecessary burdens on the affected public.
If an action is deemed to fall within the scope of the definition of
the term ``significant regulatory action'' contained in Sec. 3(f) of
the Order, a pre-publication review by the Office of Management and
Budget's (OMB) Office of Information and Regulatory Affairs (OIRA) is
necessary. This interim final rule was reported to OIRA, and it was
deemed not to be a significant regulatory action.
Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 (5 U.S.C. chapter 6)
requires that regulatory actions be analyzed to determine whether they
will have a significant economic impact on a substantial number of
small entities. The Secretary certifies that this interim final rule
will not have a significant economic impact on a substantial number of
small entities and, therefore, a regulatory flexibility analysis, as
defined under the Regulatory Flexibility Act of 1980 is not required.
This rule applies to individuals who apply for and may receive service
fellowships. The rule does not apply or affect ``small entities'' as
that term is defined in 5 U.S.C. 601.
Paperwork Reduction Act
This interim final rule does not contain any information collection
requirements that are subject to OMB approval under the Paperwork
Reduction Act of 1995 (44 U.S.C. chapter 35).
List of Subjects in 42 CFR Part 61
Fellowships.
Approved: November 6, 1997.
Harold Varmus,
Director, National Institutes of Health.
Dated: February 12, 1998.
Donna Shalala,
Secretary.
Accordingly, subpart B of part 61 of title 42 of the Code of
Federal Regulations is amended to read as set forth below.
PART 61--FELLOWSHIPS
Subpart B--Service Fellowships
1. The authority citation to subpart B is revised to read as
follows:
Authority: 42 U.S.C. 209, 210, 216.
2. Section 61.30 is revised to read as follows:
Sec. 61.30 Definitions.
As used in this part:
Continental United States does not include Hawaii or Alaska.
Secretary means the Secretary of Health and Human Services and any
other officer or employee of the Department of Health and Human
Services to whom the authority involved may be delegated.
Service Fellowship is one which requires the performance of
services, either full or part time, for the Public Health Service.
3. Sections 61.33, 61.34, 61.35, and 61.36 are revised to read as
follows:
Sec. 61.33 Establishment of service fellowships.
All service fellowships shall be established by the Secretary. In
establishing a service fellowship, or a series of service fellowships,
the Secretary shall prescribe in writing the conditions (in addition to
those provided in the regulations in this part) under which service
fellows will be appointed and will hold their fellowships.
Sec. 61.34 Qualifications.
Scholastic and other qualifications shall be prescribed by the
Secretary for each service fellowship, or series of service
fellowships. Each individual appointed to a service fellowship shall:
(a) Have presented satisfactory evidence of general suitability,
including professional and personal fitness; and
(b) Possess any other qualifications as reasonably may be
prescribed.
Sec. 61.35 Method of application.
Application for a service fellowship shall be made in accordance
with procedures established by the Secretary.
Sec. 61.36 Selection and appointment of service fellows.
The Secretary shall:
(a) Prescribe a suitable professional and personal fitness review
and an examination of the applicant's qualifications;
(b) Designate in writing persons to receive service fellowships;
and
(c) Establish procedures for the appointment of service fellows.
3a. Section 61.37a is amended by redesignating the undesignated
paragraph following paragraph (b)(3) as paragraph (b)(4), and revising
paragraphs (a), (b) introductory text, and newly designated (b)(4) to
read as follows:
Sec. 61.37 Stipends, allowances, and benefits.
(a) Stipends. Service fellows shall be entitled to such stipend as
is authorized by the Secretary for each service fellowship or series of
service fellowships.
(b) Travel and transportation allowances. Under conditions
prescribed by the Secretary, an individual appointed as a service
fellow may be authorized personal travel allowances or transportation
and per diem, travel allowances or transportation for his or her
immediate family, and transportation of household goods and personal
effects, in conjunction with travel authorized by the Secretary.
* * * * *
(4) A service fellow shall be entitled to travel allowances or
transportation and per diem while traveling on official business away
from his or her permanent duty station during the term of the
fellowship. Except as otherwise provided herein, a service fellow shall
be entitled to travel and transportation allowances authorized in this
part at the same rates as may be authorized by law and regulations for
other civilian employees of the Public Health Service. If a service
fellow dies during the term of a fellowship, and the place of residence
that was left by the service fellow to accept the fellowship was
outside the continental United States, the payment of expenses of
preparing the remains for burial and transporting them to the place of
residence for interment may be authorized. In the case of deceased
service fellows whose place of residence was within the continental
United States, payment of the expenses of preparing the remains and
transporting them to the place of residence for interment may be
authorized as provided for other civilian employees of the Public
Health Service.
* * * * *
[[Page 9951]]
4. Section 61.38 is revised to read as follows:
Sec. 61.38 Duration of service fellowships.
Initial appointments to service fellowships may be made for varying
periods not in excess of 5 years. Such an appointment may be extended
for varying periods not in excess of 5 years for each period in
accordance with procedures and requirements established by the
Secretary.
[FR Doc. 98-4837 Filed 2-26-98; 8:45 am]
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