[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30079-30080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13835]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 5a

RIN 0906-AB17


Removing Outmoded Regulations Regarding the Rural Physician 
Training Grant Program, Definition of ``Underserved Rural Community''

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: Final rule.

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SUMMARY: This action removes the outmoded regulations for the Rural 
Physician Training Grant Program, Definition of ``Underserved Rural 
Community.'' Funding was authorized at section 749B(i) Public Health 
Service Act for fiscal years 2010-2013, but never appropriated for the 
Rural Physician Training Grant Program, and the program was not 
implemented. Therefore, this regulation is no longer relevant, and HRSA 
suggested the regulations defining underserved rural communities for 
the Rural Physician Training Grant Program be removed.

DATES: This action is effective July 27, 2018.

FOR FURTHER INFORMATION CONTACT: Sweta Maheshwari J.D., Legislative 
Analyst, Division of Policy and Shortage Designation, Bureau of Health 
Workforce, HRSA, 5600 Fishers Lane, Room 11W21A, Rockville, MD 20857, 
by phone at (301) 945-3527, or by email at [email protected].

SUPPLEMENTARY INFORMATION: In response to Executive Order 13563, 
Section 6(a), which urges agencies to repeal existing regulations that 
are outmoded from the Code of Federal Regulations (CFR), HHS is 
removing 42 CFR part 5a. HHS believes that there is good cause to 
bypass notice and comment and proceed to a final rule, pursuant to 5 
U.S.C. 553(b)(B). The action is non-controversial, as it merely removes 
an obsolete provision from the CFR. This rule poses no new substantive 
requirements on the public. Thus, we view notice and comment as 
unnecessary.

Background

    The Rural Physician Training Grant Program (Program), Definition of 
``Underserved Rural Community'' regulation was issued via an interim 
final rule with request for comment on May 26, 2010 pursuant to Section 
749B(f) of the Public Health Service Act (42 U.S.C. 293m(f)). The 
regulation has not been updated since it was issued.
    Funding was authorized at section 749B(i) (42 U.S.C. 293m(i)) for 
fiscal years 2010-2013, but was never appropriated for the Program; 
therefore, it was not implemented. This rule defines ``underserved 
rural communities,'' including census track information, Health 
Professions Shortage Areas (HPSAs), and Medically Underserved Areas 
(MUAs) for Program purposes. If the Program were to be funded, HRSA 
would be able to define underserved rural communities for the purpose 
of the program through policy documents.

Executive Orders 12866, 13563, 13771, and 13777

    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). Executive 
Order 13771 directs agencies to categorize all impacts which generate 
or alleviate costs associated with regulatory burden and to determine 
the actions net incremental effect.
    Section 3(f) of Executive Order 12866 defines a ``significant 
regulatory action'' as an action that is likely to result in a rule: 
(1) Having an annual effect on the economy of $100 million or more in 
any 1 year, or adversely and materially affecting a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local or Tribal governments or communities 
(also referred to as ``economically significant''); (2) creating a 
serious inconsistency or otherwise interfering with an action taken or 
planned by another agency; (3) materially altering the budgetary 
impacts of entitlement grants, user fees, or loan programs or the 
rights and obligations of recipients thereof; or (4) raising novel 
legal or policy issues arising out of legal mandates, the President's 
priorities, or the principles set forth in the Executive Order.
    A regulatory impact analysis (RIA) must be prepared for major rules 
with economically significant effects ($100 million or more in any 1 
year). HHS submits that this final rule is not ``economically 
significant'' as measured by the $100 million threshold, and hence not 
a major rule under the Congressional Review Act. This rule has not been 
designated as a ``significant regulatory action'' under Executive Order 
12866. Accordingly, this rule has not been reviewed by the Office of 
Management and Budget (OMB).
    Executive Order 13771, titled ``Reducing Regulation and Controlling 
Regulatory Costs,'' was issued on January 30, 2017. HHS identifies this 
final rule as a deregulatory action (removing an obsolete rule from the 
Code of Federal Regulations). For the purposes of Executive Order 
13771, this final rule is not a substantive rule; rather it is 
administrative in nature and provides no cost savings.
    Executive Order 13777, titled ``Enforcing the Regulatory Reform 
Agenda,'' was issued on February 24, 2017. As required by Section 3 of 
this Executive Order, HHS established a Regulatory Reform Task Force 
(HHS Task Force). Pursuant to Section 3(d)(ii), the HHS Task Force 
evaluated this rulemaking and determined that these regulations are 
``outdated, unnecessary, or ineffective.'' Following this finding, the 
HHS Task Force advised the HRSA Administrator to initiate this 
rulemaking to remove the obsolete regulations from the Code of Federal 
Regulations.

Regulatory Flexibility Act

    This action will not have a significant economic impact on a 
substantial number of small entities. Therefore, the regulatory 
flexibility analysis provided for under the Regulatory Flexibility Act 
is not required.

Paperwork Reduction Act

    This action does not affect any information collections.


[[Page 30080]]


    Dated: June 4, 2018.
George Sigounas,
Administrator, Health Resources and Services Administration.
    Approved: June 21, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human Services.

List of Subjects in 42 CFR Part 5a

    Health care, Health care professionals, Public health, Rural 
health.

PART 5a--[REMOVED]

0
For reasons set out in the preamble, and under the authority at 5 
U.S.C. 301, HHS amends 42 CFR chapter I by removing part 5a.

[FR Doc. 2018-13835 Filed 6-26-18; 8:45 am]
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