[Federal Register Volume 64, Number 217 (Wednesday, November 10, 1999)]
[Rules and Regulations]
[Page 61218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29400]


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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: Final rule.

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SUMMARY: The Department of Health and Human Services (HHS) is adopting 
without change the interim final rule amending the regulations 
governing service fellowships which was published in the Federal 
Register on February 27, 1998 (63 FR 9949). These amendments revised 
the authority citation, extended the time limitation on initial 
appointments from 2 years to 5 years, permitted extensions of 
appointments for up to 5 years rather than year-to-year, and deleted 
obsolete references to the Surgeon General.

DATES: Effective Date: November 10, 1999. The effective date for this 
final rule is not delayed because it adopts the interim final rule 
without change.

FOR FURTHER INFORMATION CONTACT:
Jerry Moore, NIH Regulations Officer, National Institutes of Health, 
6011 Executive Boulevard, Suite 601, MSC 7669, Rockville, MD 20852; 
telephone 301-496-4607 (not a toll-free number); Fax 301-402-0169. 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: The Department of Health and Human Services 
(HHS) published in the Federal Register on February 27, 1998 (63 FR 
9949) an interim final rule amending the regulations, codified at 42 
CFR part 61, subpart B, governing service fellowships. Although the 
amendments were published as an interim final rule and were effective 
immediately, the Secretary requested comments on the regulations. The 
comment period expired on April 28, 1998. HHS received no comments on 
the amendments. Consequently, HHS is adopting the interim final rule 
without change as a final rule.
    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, sates 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.''
    The interim final rule amended Sec. 61.38 of the service fellowship 
regulations to make time limitations on initial appointments more 
flexible. Specifically, the interim final rule extended the current 
time limitation on initial appointments from 2 to 5 years, and revised 
the requirements with respect to extensions to permit extensions for up 
to 5 years rather than year-to-year. These changes are intended 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 interim final rule also amended the authority citation and the 
references to the Surgeon General to reflect that the authority for the 
service fellowships are vested in the Secretary. Section 61.30 was 
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 was amended to remove clause (b) and 
redesignate clause(c) and (b) to reflect current policy.
    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 rule was reported to OIRA, and it was deemed not to be 
a significant regulatory action.

Regulatory Flexibility Act

    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 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 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: September 10, 1999.
Harold Varmus,
Director, National Institutes of Health.

    Dated: November 1, 1999.
Donna Shalala,
Secretary.

Subpart B--Service Fellowships

    Accordingly, the interim rule amending 42 CFR part 61, subpart B, 
which was published at 63 FR 9949 on February 27, 1998, is adopted as a 
final rule without change.

[FR Doc. 99-29400 Filed 11-9-99; 8:45 am]
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