[Federal Register Volume 66, Number 166 (Monday, August 27, 2001)]
[Rules and Regulations]
[Pages 44981-44984]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-21544]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Health Resources and Services Administration

42 CFR Parts 57 and 58

RIN: 0906-AA53


Grants for Construction of Teaching Facilities, Educational 
Improvements, Scholarships and Student Loans and Grants for Training of 
Public Health and Allied Health Personnel

AGENCY: Health Resources and Services Administration, HHS.

ACTION: Final rule.

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SUMMARY: This final rule rescinds and removes various Public Health 
Service (PHS) health professions, nursing, public health, and allied 
health training grant regulations from the Code of Federal Regulations 
(CFR) at 42 CFR parts 57 and 58. (The student loan program regulations 
in part 57 at subparts C and D are not to be affected.)

EFFECTIVE DATE: This rule is effective August 27, 2001.

FOR FURTHER INFORMATION CONTACT: Marilyn Biviano, Director, Office of 
Planning and Program Development, Bureau of Health Professions, Health 
Resources and Services Administration, Room 8-67, Parklawn Building, 
5600 Fishers Lane, Rockville, Maryland 20857; telephone: (301) 443-
9792.

SUPPLEMENTARY INFORMATION: On October 6, 1999, the Health Resources and 
Services Administration published in the Federal Register (64 FR 54263) 
a Notice of Intent to remove by technical amendment (final rule) 
various Agency health professions, nursing, public health, and allied 
health training grant program regulations under 42 CFR parts 57 and 58 
of the Code of Federal Regulations. The Department received no comments 
response from the public on the Notice of Intent. The statutory 
authorities of these regulations have been extensively amended since 
their issuance. Consequently, the regulations no longer reflect the 
current law. Therefore, the Department is removing the following 19 
training grant program regulations from the Code of Federal 
Regulations:

Part 57--Grants for Construction of Teaching Facilities, 
Educational Improvements, Scholarships and Student Loans

Subpart F--Grants for Nurse Anesthetist
Subpart H--Grants for Physician Assistant Training Programs
Subpart I--Programs for the Training of Physician Assistants
Subpart L--Grants for Residency Training and Advanced Education in the 
General Practice of Dentistry
Subpart Q--Grants for Predoctoral, Graduate, and Faculty Development 
Education Programs in Family Medicine
Subpart R--Grants for the Establishment of Departments of Family 
Medicine
Subpart S--Educational Assistance to Individuals from Disadvantaged 
Backgrounds
Subpart V--Grants for Centers of Excellence
Subpart Y--Grants for Nurse Practitioner and Nurse Midwifery Programs
Subpart Z--Grants for Advanced Nurse Education Programs
Subpart CC--Scholarships for Students of Exceptional Financial Need
Subpart DD--Financial Assistance for Disadvantaged Health Professions 
Students
Subpart EE--Grants for Residency Training in Preventive Medicine
Subpart FF--Grants for Residency Training and Faculty Development in 
General Internal
    Medicine and/or General Pediatrics
Subpart MM--Area Health Education Center Program
Subpart OO--Grants for Geriatric Education Centers
Subpart PP--Grants for Faculty Training Projects in Geriatric Medicine 
and Dentistry

Part 58--Grants for Training of Public Health and Allied Health 
Personnel

Subpart C--Grants for Public Health Traineeships for Students in 
Schools of Public Health and in Other Graduate Public Health Programs
Subpart D--Grants for Health Administration Traineeships and Special 
Projects Program

    Program specific guidance and information for preparing 
applications for the current program authorities under Pub. L. 105-392 
are now provided in the grant application materials. Further, current 
program information is announced in the HRSA Preview and published in 
the Federal Register semi-annually. The HRSA Preview provides the 
general public with a single source of program and application 
information related to the Agency's competitive grant reviews and is 
designed to replace multiple Federal Register notices which 
traditionally advertised the availability of HRSA's discretionary funds 
for its various programs. The most recent edition of the HRSA Preview 
was published in the Federal Register on July 7, 2000 (Part III, 65 FR 
42190-42331).

Justification for Omitting Notice of Proposed Rulemaking

    This final rule rescinds and removes various Public Health Service 
health professions, nursing, public health, and allied health training 
grant regulations from title 42 of the CFR, parts 57 and 58. The 
existing training grant regulations are fundamentally and extensively 
inconsistent with present statutes as set out in titles VII and VIII of 
the Public Health Service Act, particularly as most recently amended by 
the Health Professions Education Partnerships Act of 1998 (Pub. L. 105-
392), enacted November 13, 1998. The general focus of that legislation 
was to consolidate a myriad of small, highly categorical Federal 
training grant programs into seven general categories of authorities. 
These categories are designed to support the training of health 
personnel most likely to enter practice in rural and other medically 
underserved areas, and to provide flexibility to program managers in 
adapting the training supported to changing needs. We have concluded, 
based on our experience in carrying out the revised programs over the 
past two years, that this flexibility is best exercised through 
program-specific guidance and information provided in annual grant 
application materials. Because statutes always take precedence over 
regulations, and the existing regulations are inconsistent with the 
interdisciplinary approach of the current law, the regulations are 
largely irrelevant and certainly confusing. For these reasons, and in 
accordance with the October 6, 1999, Notice of Intent referred to 
above, the Secretary has determined, under 5 U.S.C. 553, that it is 
unnecessary, impractical, and contrary to the public interest to follow 
proposed rulemaking procedures or to delay the effective date of these 
amendments to parts 57 and 58.

Economic and Regulatory Impact

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and,

[[Page 44982]]

when rulemaking is necessary, to select regulatory approaches that 
provide the greatest net benefits (including potential economic, 
environmental, public health, safety distributive and equity effects). 
In addition, under the Regulatory Flexibility Act, if a rule has a 
significant economic effect on a substantial number of small entities 
the Secretary must specifically consider the economic effect of a rule 
on small entities and analyze regulatory options that could lessen the 
impact of the rule.
    Executive Order 12866 requires that all regulations reflect 
consideration of alternatives, of costs, of benefits, of incentives, of 
equity, and of available information. Regulations must meet certain 
standards, such as avoiding an unnecessary burden. Regulations which 
are ``significant'' because of cost, adverse effects on the economy, 
inconsistency with other agency actions, effects on the budget, or 
novel legal or policy issues, require special analysis.
    The Department has determined that no resources are required to 
implement the requirements in this rule. Therefore, in accordance with 
the Regulatory Flexibility Act of 1980 (RFA) and the Small Business 
Regulatory Enforcement Act of 1996, which amended the RFA, the 
Secretary certifies that this rule will not have a significant impact 
on a substantial number of small entities. The Secretary has also 
determined that this final rule does not meet the criteria for a major 
rule as defined by Executive Order 12866 and would have no major effect 
on the economy or Federal expenditures.
    We have determined that the rule is not a ``major rule'' within the 
meaning of the statute providing for Congressional review of agency 
rulemaking, 5 U.S.C. 801. Similarly, it will not have effects on State, 
local, and tribal governments and on the private sector such as to 
require consultation under the Unfunded Mandates Reform Act of 1995.

Paperwork Reduction Act of 1980

    Because this final rule rescinds and removes 19 subparts under 42 
CFR parts 57 and 58, the following information collections required 
under the following 12 subparts, under OMB control number 0915-0060 are 
also rescinded and removed:

42 CFR Part 57--Grants for Construction of Teaching Facilities, 
Educational Improvement, Scholarship and Student Loans

      Subpart F: Grants for Nurse Anesthetist Traineeship Programs
 
 57.509(c)...............  Demonstration of        Disclosure.
                            financial need.
57.510(a)(1).............  Statement of            Disclosure.
                            appointment--trainee.
57.510(a)(2).............  Statement of            Recordkeeping.
                            appointment--grantee.
57.512(b)................  Notification to         Disclosure.
                            trainee.
 
        Subpart H: Grants for Physician Assistant Training Program
 
57.705...................  Application...........  Reporting.
57.705(d)................  Project director        Reporting.
                            incapacity.
57.705(f)................  Annual Report.........  Reporting.
 
  Subpart L: Grants for Residency Training and Advanced Education in the
                      General Practice of Dentistry
 
57.1104..................  Application...........  Reporting.
 
  Subpart R: Grants for Establishment of Departments of Family Medicine
 
57.1704..................  Program requirements--  Reporting.
                            cont. application.
 
     Subpart Y: Nurse Practitioner and Nurse Midwifery Program Grants
 
57.2404..................  Application...........  Reporting.
57.2405(b)...............  Program director        Reporting.
                            incapacity.
57.2405(c)...............  Data collection and     Reporting.
                            evaluation.
 
          Subpart Z: Grants for Advanced Nurse Education Program
 
57.2504..................  Application...........  Reporting.
 
     Subpart EE: Grants for Residency Training in Preventive Medicine
 
57.3003..................  Application...........  Reporting.
57.3004(e)...............  Minority recruitment..  Reporting.
57.3007(a)...............  Other sources of        Reporting.
                            funding.
 
   Subpart FF: Grants for Residency Training and Faculty Development in
             General Internal Medicine or General Pediatrics
 
57.3104..................  Application...........  Reporting.
 
         Subpart MM: Area Health Education Center (AHEC) Program
 
57.3804(d)(1)............  Written agreement with  Recordkeeping.
                            AHEC.
57.3804(d)(3)(ii)........  Written request for     Reporting.
                            waiver.
57.3804(d)(5)(iii).......  Written agreement.....  Recordkeeping.
57.3804(e)(7)(i).........  Provide potential       Disclosure.
                            employers with
                            information about
                            nurse practitioners
                            and physician
                            assistants.
57.3804(e)(7)(iii).......  Distribution            Disclosure.
                            information about
                            training programs.
 
 Subpart PP: Grants for Faculty Training Projects in Geriatric Medicine
                              and Dentistry
 
57.4103..................  Application...........  Reporting.
57.4110(a)...............  Statement of            Disclosure.
                            appointment--trainee.
57.4110(a)...............  Statement of            Recordkeeping.
                            appointment--grantee.
57.4111(b)...............  Notice of tuition       Disclosure.
                            refund.
 


[[Page 44983]]

42 CFR Part 58--Grants for Training of Public Health and Allied 
Health Personnel

Subpart C: Grants for Public Health Traineeships for Students in Schools
      of Public Health and in Other Graduate Public Health Programs
 
58.208(a)..............  Statement of             Recordkeeping.
                          appointment.
58.208(d)..............  Advice to trainees.....  Disclosure.
 
   Subpart D: Grants for Health Administration Traineeships and Special
                            Projects Program
 
58.224.................  Application............  Reporting.
 

List of Subjects in 42 CFR Parts 57 and 58

    Aged, Dental health, Education of the disadvantaged, Educational 
facilities, Educational study programs, Grant programs--education, 
Grant programs--health, Health facilities, Health professions, Loan 
programs, Medical and dental schools, Student aid, Reporting and 
recordkeeping requirements, Scholarships and fellowships, Public 
health.

    Dated: April 24, 2001.
Elizabeth M. Duke,
Acting Administrator.
    Approved: May 30, 2001.
Tommy G. Thompson,
Secretary.

    Accordingly, under the authority of section 215 of the Public 
Health Service Act, 58 Stat. 690, as amended by 63 Stat. 35 and 67 
Stat. 631 (42 U.S.C. 216), we are amending 42 CFR parts 57 and 58 as 
set forth below:

PART 57--GRANTS FOR CONSTRUCTION OF TEACHING FACILITIES, 
EDUCATIONAL IMPROVEMENTS, SCHOLARSHIPS AND STUDENT LOANS

Subpart F--Grants for Nurse Anesthetist (Secs. 57.501-57.514)--
[Removed and Reserved]

    1. Part 57 is amended by removing and reserving subpart F 
(consisting of Secs. 57.501-57.514).

Subpart H--Grants for Physician Assistant Training Programs 
(Secs. 57.701-57.712)--[Removed and Reserved]

    2. Part 57 is amended by removing and reserving subpart H 
(consisting of Secs. 57.701-57.712).

Subpart I--Programs for the Training of Physician Assistants 
(Secs. 57.801-57.803)--[Removed and Reserved]

    3. Part 57 is amended by removing and reserving subpart I 
(consisting of Secs. 57.801-57.803).

Subpart L--Grants for Residency Training and Advanced Education in 
the General Practice of Dentistry (Secs. 57.1101-57.1112)--[Removed 
and Reserved]

    4. Part 57 is amended by removing and reserving subpart L 
(consisting of Secs. 57.1101-57.1112).

Subpart Q--Grants for Predoctoral, Graduate, and Faculty 
Development Education Programs in Family Medicine (Secs. 57.1601-
57.1610)--[Removed and Reserved]

    5. Part 57 is amended by removing and reserving subpart Q 
(consisting of Secs. 57.1601-57.1610).

Subpart R--Grants for the Establishment of Departments of Family 
Medicine (Secs. 57.1701-57.1710)--[Removed and Reserved]

    6. Part 57 is amended by removing and reserving subpart R 
(consisting of Secs. 57.1701-57.1710).

Subpart S--Educational Assistance to Individuals from Disadvantaged 
Backgrounds (Secs. 57.1801-57.1811)--[Removed and Reserved]

    7. Part 57 is amended by removing and reserving subpart S 
(consisting of Secs. 57.1801-57.1811).

Subpart V--Grants for Centers of Excellence (Secs. 57.2101-
57.2110)--[Removed and Reserved]

    8. Part 57 is amended by removing and reserving subpart V 
(consisting of Secs. 57.2101-57.2110).

Subpart Y--Grants for Nurse Practitioner and Nurse Midwifery 
Programs (Secs. 57.2401-57.2410)--[Removed and Reserved]

    9. Part 57 is amended by removing and reserving subpart Y 
(consisting of Secs. 57.2401-57.2410, including the Appendix to Subpart 
Y-- Guidelines for Nurse Practitioner and Nurse Midwifery Programs).

Subpart Z--Grants for Advanced Nurse Education Programs 
(Secs. 57.2501-57.2510)--[Removed and Reserved]

    10. Part 57 is amended by removing and reserving subpart Z 
(consisting of Secs. 57.2501-57.2510).

Subpart CC--Scholarships for Students of Exceptional Financial Need 
(Secs. 57.2801-57.2810) --[Removed and Reserved]

    11. Part 57 is amended by removing and reserving subpart CC 
(consisting of Secs. 57.2801-57.2810).

Subpart DD--Financial Assistance for Disadvantaged Health 
Professions Students (Sec. 57.2901-57.2910)--[Removed and Reserved]

    12. Part 57 is amended by removing and reserving subpart DD 
(consisting of Secs. 57.29801-57.2910).

Subpart EE--Grants for Residency Training in Preventive Medicine 
(Secs. 57.3001-57.3011)--[Removed and Reserved]

    13. Part 57 is amended by removing and reserving subpart EE 
(consisting of Secs. 57.3001-57.3011).

Subpart FF--Grants for Residency Training and Faculty Development 
in General Internal Medicine and/or General Pediatrics 
(Secs. 57.3101-57.3112)--[Removed and Reserved]

    14. Part 57 is amended by removing and reserving subpart FF 
(consisting of Secs. 57.3101-57.3112).

Subpart MM--Area Health Education Center Program (Secs. 57.3801-
57.3813)--[Removed and Reserved]

    15. Part 57 is amended by removing and reserving subpart MM 
(consisting of Secs. 57.3801-57.3813).

Subpart OO--Grants for Geriatric Education Centers (Secs. 57.4001-
57.4010)--[Removed and Reserved]

    16. Part 57 is amended by removing and reserving subpart OO 
(consisting of Secs. 57.4001-57.4010).

[[Page 44984]]

Subpart PP--Grants for Faculty Training Projects in Geriatric 
Medicine and Dentistry (Secs. 57.4101-57.4115)--[Removed and 
Reserved]

    17. Part 57 is amended by removing and reserving subpart PP 
(consisting of Secs. 57.4101-57.4115).

PART 58--GRANTS FOR TRAINING OF PUBLIC HEALTH AND ALLIED HEALTH 
PERSONNEL

Subpart C--Grants for Public Health Traineeships for Students in 
Schools of Public Health and in Other Graduate Public Health 
Programs (Secs. 58.201-58.215)--[Removed and Reserved]

    18. Part 58 is amended by removing and reserving subpart C 
(consisting of Secs. 58.201-58.215).

Subpart D--Grants for Health Administration Traineeships and 
Special Projects Program (Secs. 58.221-58.234)--[Removed and 
Reserved]

    19. Part 58 is amended by removing and reserving subpart D 
(consisting of Secs. 58.221-58.234).

[FR Doc. 01-21544 Filed 8-24-01; 8:45 am]
BILLING CODE 4160-15-P