[Federal Register Volume 73, Number 160 (Monday, August 18, 2008)]
[Rules and Regulations]
[Pages 48150-48151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-18917]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 4


Service of Process

AGENCY: Department of Health and Human Services.

ACTION: Final rule.

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SUMMARY: This rule amends our regulations, which provide for service of 
process on the Department of Health and Human Services, the Secretary 
of Health and Human Services, or other employees of the Department in 
their official capacities.
    The purpose of this amendment is to expand the number of people who 
can be served process on behalf of the Department.

DATES: Effective Date: August 18, 2008.

FOR FURTHER INFORMATION CONTACT: Jeffrey S. Davis, Associate General 
Counsel, General Law Division, Office of the General Counsel, (202) 
619-0150.

SUPPLEMENTARY INFORMATION: 

Background

    In 1983, the Department of Health and Human Services published 
regulations which addressed the method by which the Secretary of Health 
and Human Services, the Department, and its employees in their official 
capacities may be served with legal process. The current regulations 
provide that the service of a summons and complaint on the Department 
or on any Department official in his official capacity shall be 
accomplished by regular mail. Service of subpoenas and other process, 
if not authorized by law to be served by mail, should be hand-delivered 
to the staff of the correspondence control unit of the Office of the 
General Counsel. The regulations currently provide that, in the absence 
of that staff, process should be delivered to any Deputy General 
Counsel or secretary to any Deputy General Counsel of the Department.
    This amendment is designed to make full use of limited personnel 
resources available to the Immediate Office of the General Counsel when 
the staff of the General Counsel's Office of Legal Resources (formerly 
the correspondence control unit) is not available to accept service of 
process. By expanding those who may accept service of process to either 
the staff of the Office of Legal Resources within the Office of the 
General Counsel or to any staff member of or individual assigned to the 
Immediate Office of the General Counsel in the absence of the Office of 
Legal Resources staff, resources within the Office of the General 
Counsel will be channeled more appropriately.

[[Page 48151]]

    We are also adding a new section to the regulations to address the 
service of Congressional subpoenas on the Department or the Secretary. 
Under the amended regulations, the staff in the Office of the Assistant 
Secretary for Legislation is authorized to accept Congressional 
subpoenas on behalf of the Department. As the official liaison between 
the Department and Congress, the Office of the Assistant Secretary for 
Legislation is best suited to accept service of Congressional 
subpoenas, coordinate the Department's response to Congressional 
investigations and prepare witnesses and testimony for Congressional 
hearings.

Public Participation

    This rule is published as a final rule. It is exempt from public 
comment, pursuant to 5 U.S.C. 553(b)(A) as a rule of ``agency 
organization, procedure, or practice.''

Paperwork Reduction Act

    This regulation is not subject to the Paperwork Reduction Act 
because it deals solely with internal rules governing Department of 
Health and Human Services personnel.

Cost/Regulatory Analysis

    In accordance with Executive Order 12866, the Secretary has 
determined that this rule will not constitute a ``significant 
regulatory action'' as defined in Executive Order 12866 in that it will 
not have an annual effect on the economy of $100 million or more a year 
or adversely affect in a material way the economy, productivity, 
competition, jobs, the environment, public health or safety, or state, 
local or tribal governments or communities. This rule is therefore not 
subject to the regulatory impact and analysis requirements of the 
Order.
    This rule will not have a significant economic impact on a 
substantial number of small entities; therefore, preparation of a 
regulatory flexibility analysis is not required.

List of Subjects in 45 CFR Part 4

    Administrative practice and procedure, Government employees.

0
Accordingly, for the reasons set forth in the preamble, 45 CFR part 4 
is amended as follows:

PART 4--[AMENDED]

0
1. The authority citation for part 4 continues to read as follows:

    Authority: 5 U.S.C. 301, 42 U.S.C. 300aa-11.


0
2. Revise Sec.  4.2(b) to read as follows:


Sec.  4.2  Other process directed to the Department or Secretary.

* * * * *
    (b) If served by an individual, the process should be delivered to 
the staff in the Office of Legal Resources, Office of the General 
Counsel, Room 700E, 200 Independence Avenue, SW., Washington, DC 20201, 
or in the absence of that staff, to any staff member of or individual 
assigned to the Immediate Office of the General Counsel, up to and 
including any Deputy General Counsel.
0
3. Add Sec.  4.7 to read as follows:


Sec.  4.7  Congressional subpoenas directed to the Department or 
Secretary.

    Notwithstanding the provisions of Sec. Sec.  4.1, 4.2, and 4.3, 
service of Congressional subpoenas shall be delivered to the staff in 
the Office of the Assistant Secretary for Legislation, Department of 
Health and Human Services, 200 Independence Avenue, SW., Washington, DC 
20201.

    Dated: August 11, 2008.
Michael O. Leavitt,
Secretary.
[FR Doc. E8-18917 Filed 8-15-08; 8:45 am]
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