[Federal Register Volume 80, Number 156 (Thursday, August 13, 2015)]
[Proposed Rules]
[Pages 48473-48475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-19856]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 80

[Docket No. CDC-2015-0062; NIOSH-286]
RIN 0920-AA55


Occupational Safety and Health Research and Related Activities; 
Administrative Functions, Practices, and Procedures

AGENCY: Centers for Disease Control and Prevention, HHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Health and Human Services (HHS) proposes the

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removal of its regulations pertaining to administrative functions, 
practices, and procedures for occupational safety and health research 
and related activities conducted by the National Institute for 
Occupational Safety and Health (NIOSH) in the Centers for Disease 
Control and Prevention (CDC). As a part of the retrospective review 
conducted by all Federal agencies, HHS has determined that these 
regulations are no longer in use by NIOSH and should be removed.

DATES: Comments must be received by September 14, 2015.

ADDRESSES: Written Comments: You may submit comments by any of the 
following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: NIOSH Docket Office, 1090 Tusculum Avenue, MS C-34, 
Cincinnati, OH 45226-1998.
    Instructions: All submissions received must include the agency name 
(Centers for Disease Control and Prevention, HHS) and docket number 
(CDC-2015-0062; NIOSH-286) or Regulation Identifier Number (0920-AA55) 
for this rulemaking. All relevant comments, including any personal 
information provided, will be posted without change to http://www.regulations.gov.
    Docket: For access to the docket go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Rachel Weiss, Program Analyst, 1090 
Tusculum Ave, MS: C-46, Cincinnati, OH 45226; telephone (855) 818-1629 
(this is a toll-free number); email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Public Participation

    Interested persons or organizations are invited to participate in 
this rulemaking by submitting written views, recommendations, and data. 
In addition, HHS invites comments on any aspect of this rulemaking.
    All comments submitted will be available for examination in the 
rule docket (a publicly available repository of the documents 
associated with the rulemaking) both before and after the closing date 
for comments. A complete electronic docket containing all comments 
submitted will be available on http://www.regulations.gov.
    Comments submitted electronically or by mail should be titled 
``Docket No. CDC-2015-0062'' and should identify the author(s) and 
contact information in case clarification is needed. Electronic and 
written comments can be submitted to the addresses provided in the 
ADDRESSES section, above. All communications received on or before the 
closing date for comments will be fully considered by HHS.

II. Statutory Authority

    HHS promulgated Part 80 of Title 42 to facilitate Section 21(a)(1) 
of the Occupational Safety and Health (OSH) Act of 1970 (29 U.S.C. 
670(a)(1)), which authorizes the Director of NIOSH to conduct 
educational programs to provide an adequate supply of qualified 
personnel to carry out the purposes of the OSH Act. Part 80 established 
tuition fees for such training, as authorized by 31 U.S.C. 483a (31 
U.S.C. 9701, as revised by Pub. L. 97-258, September 13, 1982), which 
permits agencies to ``prescribe regulations establishing the charge for 
service or thing of value provided by the agency.'' In accordance with 
section 6 of Executive Order 13563, HHS conducted a retrospective 
analysis of its existing rules, determined Part 80 to be obsolete, and 
is proposing the removal of Part 80 from Title 42.

III. Summary of Proposed Rule

    The provisions in Part 80 establish the NIOSH policies with respect 
to the charging of fees for direct training in occupational safety and 
health. Because NIOSH no longer offers direct training programs, these 
provisions are no longer needed. Removing Part 80 from Title 42 will 
have no effect on NIOSH procedures or practices, including the NIOSH 
funding of the Education and Research Centers for Occupational Safety 
and Health. This action is being done in accordance with Executive 
Order 13563, section 6, which requires that Federal agencies conduct 
retrospective analyses of existing rules. In conducting the analysis, 
HHS discovered that the Part 80 provisions were outdated.

IV. Regulatory Assessment Requirements

A. Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility.
    This proposed rule has been determined not to be a ``significant 
regulatory action'' under Sec.  3(f) of E.O. 12866. With this action, 
HHS is proposing the removal of Part 80 from Title 42. Because this 
notice of proposed rulemaking is entirely administrative and does not 
affect the economic impact, cost, or policies of any activities 
authorized by Title 42, HHS has not prepared an economic analysis and 
the Office of Management and Budget (OMB) has not reviewed this 
rulemaking.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
requires each agency to consider the potential impact of its 
regulations on small entities including small businesses, small 
governmental units, and small not-for-profit organizations. Because no 
substantive changes will be made to 42 CFR part 85a as a result of this 
action, HHS certifies that this rule has ``no significant economic 
impact upon a substantial number of small entities'' within the meaning 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).

C. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., requires 
an agency to invite public comment on, and to obtain OMB approval of, 
any regulation that requires 10 or more people to report information to 
the agency or to keep certain records. Data collection and 
recordkeeping requirements for the health investigations of places of 
employment program receive OMB approval on an as-needed basis. The 
amendments in this rulemaking do not impact the collection of data.

D. Small Business Regulatory Enforcement Fairness Act

    As required by Congress under the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), HHS will 
report the promulgation of this rule to Congress prior to its effective 
date.

E. Unfunded Mandates Reform Act of 1995

    Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531 
et seq.) directs agencies to assess the effects of Federal regulatory 
actions on State, local, and Tribal governments, and the private sector 
``other than to the extent that such regulations incorporate 
requirements specifically set forth in law.'' For purposes of the 
Unfunded Mandates Reform Act, this proposed rule does not include any 
Federal mandate that may result in increased annual expenditures in 
excess of $100

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million by State, local or Tribal governments in the aggregate, or by 
the private sector.

F. Executive Order 12988 (Civil Justice)

    This proposed rule has been drafted and reviewed in accordance with 
Executive Order 12988, ``Civil Justice Reform,'' and will not unduly 
burden the Federal court system. This rule has been reviewed carefully 
to eliminate drafting errors and ambiguities.

G. Executive Order 13132 (Federalism)

    HHS has reviewed this proposed rule in accordance with Executive 
Order 13132 regarding federalism, and has determined that it does not 
have ``federalism implications.'' The rule does not ``have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government.''

H. Executive Order 13045 (Protection of Children From Environmental 
Health Risks and Safety Risks)

    In accordance with Executive Order 13045, HHS has evaluated the 
environmental health and safety effects of this proposed rule on 
children. HHS has determined that the rule would have no environmental 
health and safety effect on children.

I. Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use)

    In accordance with Executive Order 13211, HHS has evaluated the 
effects of this proposed rule on energy supply, distribution or use, 
and has determined that the rule will not have a significant adverse 
effect.

J. Plain Writing Act of 2010

    Under Public Law 111-274 (October 13, 2010), executive Departments 
and Agencies are required to use plain language in documents that 
explain to the public how to comply with a requirement the Federal 
Government administers or enforces. HHS has attempted to use plain 
language in promulgating the proposed rule consistent with the Federal 
Plain Writing Act guidelines.

Proposed Rule

PART 80--[REMOVED AND RESERVED]

    For the reasons discussed in the preamble and under the authorities 
29 U.S.C. 671, 31 U.S.C. 9701, and 42 U.S.C. 216(b), the Department of 
Health and Human Services proposes to amend 42 CFR chapter I by 
removing part 80.

    Dated: August 3, 2015.
Sylvia M. Burwell,
Secretary, Department of Health and Human Services.
[FR Doc. 2015-19856 Filed 8-12-15; 8:45 am]
 BILLING CODE 416350-18-P