[Federal Register Volume 66, Number 18 (Friday, January 26, 2001)]
[Rules and Regulations]
[Page 8074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-2580]



[[Page 8073]]

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

Part VI





Department of Health and Human Services





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



Office of Child Support Enforcement



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



45 CFR Part 303



National Medical Support; Delay of Effective Date; Final Rule

  Federal Register / Vol. 66, No. 18 / Friday, January 26, 2001 / Rules 
and Regulations  

[[Page 8074]]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of Child Support Enforcement

45 CFR Part 303

RIN 0970-AB97


National Medical Support Notice; Delay of Effective Date

AGENCY: Office of Child Support Enforcement, HHS.

ACTION: Final rule; Delay of effective date.

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

SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action temporarily delays for 60 days the 
effective date of the rule entitled ``National Medical Support 
Notice'', published in the Federal Register on December 27, 2000 (65 FR 
82154). That rule concerns a statutory obligation that the secretary of 
health and human services require in regulation that state child-
support enforcement agenceis use a standard form--entitled the National 
Medical Support Notice--to notify employers of the terms of a non-
custodial parent's obligations regarding health insurance coverage 
under a child support agreement. To the extent that 5 U.S.C. section 
553 applies to this action, it is exempt from notice and comment 
because it constitutes a rule of procedure under 5 U.S.C. section 
553(b)(A). Alternatively, the Department's implementation of this rule 
without opportunity for public comment, effective immediately upon 
publication today in the Federal Register, is based on the good cause 
exceptions in 5 U.S.C. section 553(b)(B) and 553(d)(3), in that seeking 
public comment is impracticable, unnecessary and contrary to the public 
interest. The temporary 60-day delay in effective date is necessary to 
give Department officials the opportunity for further review and 
consideration of new regulations, consistent with the Assistant to the 
President's memorandum of January 20, 2001. Given the imminence of the 
effective date, seeking prior public comment on this temporary delay 
would have been impractical, as well as contrary to the public interest 
in the orderly promulgation and implementation of regulations. In 
addition, allowing the rule to become effective before the temporary 
suspension date could create confusion among State agencies, employees, 
and Plan administrators regarding the qualified status of National 
Medical Support Notices that may be issued by some states before and 
during the suspension period.

DATES: The effective date of National Medical Support Notice, published 
in the Federal Register on December 27 (FR 65 82154) is delayed for 60 
days, from January 26, 2001 to a new effective date of March 27, 2001.

FOR FURTHER INFORMATION CONTACT: Elizabeth Matheson, Office of Child 
Support Enforcement Policy, (202) 410-9386.

    Dated: January 25, 2001.
David Satcher,
Acting Secretary.
[FR Doc. 01-2580 Filed 1-25-01; 1:25 pm]
BILLING CODE 4184-01-P