[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27969-27970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12577]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Part 60
RIN 0906-AB21
Removing Outmoded Regulations Regarding the Health Education
Assistance Loan (HEAL) Program
AGENCY: Health Resources and Services Administration (HRSA), Department
of Health and Human Services (HHS).
ACTION: Final rule.
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SUMMARY: This action removes the outmoded HHS regulations for the HEAL
Program. As of July 1, 2014, this program transferred from HHS to the
Department of Education (ED). On November 15, 2017, ED published HEAL
Program regulations within its own regulatory framework. With the
publication of ED's regulations, the HHS HEAL Program regulations are
rendered obsolete.
DATES: This rule is effective July 17, 2019.
[[Page 27970]]
FOR FURTHER INFORMATION CONTACT: Michelle Goodman, Public Health
Analyst, Division of Policy and Shortage Designation, Bureau of Health
Workforce, HRSA, 5600 Fishers Lane, Room 11W54, Rockville, MD 20857, by
phone at (301) 443-7440, 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 60. 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 HEAL Program is authorized by sections 701-720 of the Public
Health Service Act (the Act), 42 U.S.C. 292-292p, and was first
administered by the Office of Education in the former Department of
Health, Education, and Welfare (HEW). From Fiscal Year (FY) 1978
through FY 1998, the HEAL Program insured loans made by participating
lenders to eligible graduate students in schools of medicine,
osteopathy, dentistry, veterinary medicine, optometry, podiatry, public
health, pharmacy, and chiropractic, and in programs in health
administration and clinical psychology.
The HEAL Program regulations were originally published on August
26, 1983. Authorization to fund new HEAL loans to students expired on
September 30, 1998. Provisions of the HEAL legislation allowing for the
refinancing or consolidation of existing HEAL loans expired on
September 30, 2004. However, the reporting, notification, and
recordkeeping burden associated with refinancing HEAL loans, servicing
outstanding loans, and administering and monitoring of the HEAL Program
regulations continues.
On July 1, 2014, Congress transferred the program to ED pursuant to
Division H, title V, section 525 of the Consolidated Appropriations
Act, 2014 (Pub. L. 113-76) (Consolidated Appropriations Act, 2014). On
November 15, 2017, ED published HEAL Program regulations rendering the
HHS HEAL Program regulations obsolete. See 82 FR 53378 (adding 34 CFR
part 681).
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).
Section 3(f) of Executive Order 12866 defines a ``significant
regulatory action'' as ``any regulatory action that is likely to result
in a rule that may: (1) Have an annual effect on the economy of $100
million or more or adversely affect in a material way the economy, a
sector of the economy, productivity, competition, jobs, the
environment, public health or safety or State, local, or tribal
governments or communities; (2) Create a serious inconsistency or
otherwise interfere with an action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
th[e] Executive Order.''
A regulatory impact analysis 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 as defined by Executive Order 12866.
As such, it has not been reviewed by the Office of Management and
Budget.
Executive Order 13771, titled ``Reducing Regulation and Controlling
Regulatory Costs,'' was issued on January 30, 2017. Pursuant to
Executive Order 13771, HHS identifies this final rule as a deregulatory
action (i.e., 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.
On February 24, 2017, the President issued Executive Order 13777
titled ``Enforcing the Regulatory Reform Agenda''. As required by
Section 3 of the Executive Order, HHS established a Regulatory Reform
Task Force (HHS Task Force) to review existing regulations and make
recommendations regarding their repeal, replacement, or modification.
The HHS Task Force evaluated the HEAL Program regulations and
determined them to be outdated, unnecessary, or ineffective. Thus, the
HHS Task force advised initiating this final rule 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.
Dated: May 20, 2019.
George Sigounas,
Administrator, Health Resources and Services Administration.
Approved: June 7, 2019.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
List of Subjects in 42 CFR 60
Educational study programs, Health professions, Loan programs--
education, Loan programs--health, Medical and dental schools, Reporting
and recordkeeping requirements, Student aid.
PART 60--[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, subchapter D, by removing part
60.
[FR Doc. 2019-12577 Filed 6-14-19; 8:45 am]
BILLING CODE 4165-15-P