[Federal Register Volume 84, Number 116 (Monday, June 17, 2019)]
[Rules and Regulations]
[Pages 27968-27969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12578]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Parts 22 and 32

RIN 0906-AB20


Removing Outdated Regulations Regarding the National Hansen's 
Disease 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 
National Hansen's Disease Program (NHDP). Due to superseding events and 
statutory changes, NHDP's regulations are obsolete.

DATES: This action is effective July 17, 2019.

FOR FURTHER INFORMATION CONTACT: Jeri Pickett, Director, Division of 
National Hansen's Disease Programs, 1770 Physicians Park Drive, Baton 
Rouge, Louisiana 70816, by phone at (225) 756-3774, 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 22.1 and 42 CFR part 32. 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 obsolete provisions from the CFR. This rule poses no new 
substantive requirements on the public. Thus, we view notice and 
comment as unnecessary.

Background

    Regulations pertaining to the NHDP appear at 42 CFR 22.1, 
``Hansen's Disease Duty by Personnel Other than Commissioned Officers'' 
and 42 CFR part 32, ``Medical Care for Persons with Hansen's Disease 
and Other Persons in Emergencies.'' The NHDP regulation at Part 22.1 
was originally published at 50 FR 43146 (October 24, 1985) and was 
superseded by the Consolidated Omnibus Budget Reconciliation Act of 
1985 (COBRA), Public Law 99-272 (April 7, 1986). The NHDP regulations 
under Part 32 were originally published at 40 FR 25816 (June 19, 1975), 
and later amended by 40 FR 36774 (August 22, 1975), 46 FR 51918 
(October 23, 1981), and 48 FR 10318 (March 11, 1983). The NHDP 
authorizing statute was substantially amended after these regulations 
were promulgated. See 42 U.S.C. 247e; Public Law 105-78 (Nov. 13, 
1997), amended by Public Law 107-220 (Aug. 21, 2002).
    For the reasons indicated below, the regulations at 42 CFR 22.1 and 
42 CFR part 32 are outdated, unnecessary, and/or redundant. First, as 
noted above, Section 22.1 was superseded by Public Law 99-272. Second, 
Part 32 references a Public Health Service Hospital in Carville, 
Louisiana, but there is no longer a Public Health Services Hospital in 
Carville, Louisiana. See 42 CFR 32.86 -.87. Third, section 32.1 
references ``the Director, Bureau of Health Care Delivery and 
Assistance.'' This Bureau no longer exists at HRSA, and other terms set 
forth in section 32.1 are defined elsewhere in the Public Health 
Service Act. See 42 U.S.C. 201. Fourth, the NHDP

[[Page 27969]]

authorizing statute, 42 U.S.C. 247e, only permits the Secretary to 
provide short-term care and treatment, including outpatient care, for 
Hansen's Disease and related complications at or through the National 
Hansen's Disease Programs Center, with the limited exception of a small 
number of patients who were patients of the Gillis W. Long Hansen's 
Disease Center as of October 1, 1996. However, Part 32 references 
inpatient care, hospitals, hospitalization, discharge, and hospitalized 
non-beneficiaries. See, e.g., 42 CFR 32.6, 32.86, 32.87, 32.89 32.91, 
and 32.111. Fifth, section 32.90 contains provisions regarding 
notification to health authorities but such notifications have been 
rendered obsolete in light of changes in management of the disease. 
Lastly, the NHDP can rely upon statutory authority to continue to 
operate in the absence of the regulations at part 22.1 and 32. In light 
of the foregoing, we are rescinding the regulations promulgated under 
42 CFR 22.1, ``Hansen's Disease Duty by Personnel Other than 
Commissioned Officers'' and 42 CFR part 32, ``Medical Care for Persons 
with Hansen's Disease and Other Persons In Emergencies''. We will 
continue to operate the NHDP relying on statutory authority alone.

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 NHDP regulations at 42 CFR 22.1 and 42 
CFR 32 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 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

42 CFR Part 22

    Diseases, Government employees, Health professions, Wages.

42 CFR Part 32

    Diseases, Health care.

    For reasons stated in the preamble, 42 CFR parts 22 and 32 are 
amended as follows:

PART 22--PERSONNEL OTHER THAN COMMISSIONED OFFICERS

0
1. The authority citation for part 22 continues to read as follows:

    Authority:  Sec. 208(e) of the Public Health Service Act, 42 
U.S.C. 210(e); E.O. 11140, 29 FR 1637.


Sec.  22.1  [Removed]

0
2. Section 22.1 is removed.

PART 32--[REMOVED]

0
3. Under the authority of 5 U.S.C. 301, part 32 is removed.

[FR Doc. 2019-12578 Filed 6-14-19; 8:45 am]
 BILLING CODE 4165-15-P