[Federal Register Volume 65, Number 21 (Tuesday, February 1, 2000)]
[Proposed Rules]
[Pages 4797-4798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2048]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 36


Contracts under the Indian Self-Determination Act Removal of 
Regulations

AGENCY:  Indian Health Service, HHS.

ACTION:  Proposed Rule.

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

SUMMARY:  The Indian Health Service (IHS) is proposing the elimination 
of 42 CFR part 36, subpart I, as mandated by Executive Order 12866 to 
streamline the regulatory process and enhance the planning and 
coordination of new and existing regulations.
DATES:  Comments must be received on or before April 3, 2000.

ADDRESSES:  Comments may be sent to Betty J. Penn, Regulations Officer, 
Indian Health Service, 12300 Twinbrook Parkway, Suite 450, Rockville, 
Maryland 20852; e-mailed to [email protected]; faxed to 301/443-2316; 
or hand delivered to the above address. Comments will available for 
inspection at the above address from 9:00 a.m. through 4:00 p.m. Monday 
through Friday, beginning approximately 2 weeks after publication of 
this document in the  Federal Register.

FOR FURTHER INFORMATION CONTACT:  Leslie M. Morris, Director, Division 
of Regulatory and Legal Affairs, at Suite 450, 12300 Twinbrook Parkway, 
Rockville, MD 20852, telephone: (301) 443-1116. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: On June 24, 1996, the Department of Health 
and Human Services (HHS) and the Department of the Interior (DOI) 
issued joint regulations authorized by section 107 of the Indian Self-
Determination and Education Assistance Act (ISDA), Public Law 93-638, 
as amended, 25 U.S.C. 450k. These joint regulations, published in the 
Federal Register on June 24, 1996, and codified at CFR part 900, 
replaced Department regulations codified at 42 CFR part 36, subpart I, 
``Contracts under the ISDA''; 48 CFR section 352.280-4, ``Contracts 
awarded under the ISDA''; 48 CFR 352.380-4, ``Contracts awarded under 
the ISDA; and 48 CFR subpart 380.4, ``Contracts awarded under the 
ISDA;'' because they are no longer necessary for the Administration of 
the IHS Programs.
    Section 107(b) of the ISDA provides in pertinent part that ``the 
secretary is authorized to repeal any regulation inconsistent with the 
provisions of this act.'' The HHS has proposed at 64 FR 1344 to revise 
48 CFR, Chapter 3, to streamline and simplify its acquisition 
regulations (HHSRA) in accordance with the directions of the National 
Performance Review. In so doing, the sections of 48 CFR eliminated by 
the joint rule (25 CFR part 900) issued by the HHS and the DOI would be 
removed. Therefore, this document proposes to eliminate only subpart I 
of 42 CFR part 36.
    Publication of this proposed rule by the HHS provides the public 
and opportunity to participate in the rulemaking process. Interested 
persons may submit written comments regarding this proposed rule to the 
location identified in the addresses section of this document.

Executive Order 12866

    This proposed rule is not a significant regulatory action under 
Executive Order 12866 and has not been reviewed by the Office of 
Management and Budget. It proposes only to remove obsolete regulations.

 Regulatory Flexibility Act

    The HHS certifies that this document will not have a significant 
economic effect on a substantial number of small entities under the 
Regulatory Flexibility Act since it only proposes to remove obsolete 
regulations.

Executive Order 12612

    The Department has determined that this rule does not have 
significant Federalism effects because it pertains solely to Federal-
Tribal relations and will not interfere with the roles, rights, and 
responsibilities of States.

Paperwork Reduction Act of 1995

    This regulation contains no information collection requirement that

[[Page 4798]]

would require notification of the Office of Management and Budget.
    The authority to propose the elimination of these regulations is 42 
U.S.C. 2003 and 25 U.S.C. 13.

List of Subjects in 42 CFR Part 36

    American Indians, Alaska Natives, Government property, Health care, 
Indians--business and finance.

    Dated: December 15, 1999.
Michael H. Trujillo,
Assistant Surgeon General Director, Indian Health Service.
    Approved: January 20, 2000.
Donna E. Shalala,
Secretary of Health and Human Services.

    For the reasons set out in the preamble, and under the authority of 
42 U.S.C. 2003 and 25 U.S.C. 13, the Department proposes to remove 
subpart I of 42 CFR Part 36.
[FR Doc. 00-2048 Filed 1-31-00; 8:45 am]
BILLING CODE 4160-16-M