[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Proposed Rules]
[Pages 32116-32117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13849]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Community Living

45 CFR Part 1323

RIN 0985-AA14


Grants for Supportive and Nutritional Services to Older Hawaiian 
Natives Program

AGENCY: Administration for Community Living (ACL); HHS.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule removes unnecessary regulations for the Grants for 
Supportive and Nutritional Services to Older Hawaiian Natives program 
awarded under Older Americans Act. The regulations were promulgated in 
1988. Since that time ACL's Administration on Aging has worked with 
stakeholders to clarify guidance and issues through the regular grant 
application, reporting and technical assistance processes, eliminating 
the need for additional regulations. This particular program has only 
one formula grantee in Hawaii, and the regulations are duplicative of 
statutory language. The removal of the regulations will not create any 
challenges for the Supportive and Nutritional Services to Older 
Hawaiian Natives program or for other programs funded under the Older 
Americans Act.

DATES: Submit either electronic or written comments on this document by 
September 3, 2019.

ADDRESSES: Submit comment to Vicki Gottlich, Director, Center for 
Policy and Evaluation, Administration for Community Living, U.S. 
Department of Health and Human Services, by email at 
[email protected] or by mail at 330 C Street SW, Washington, 
DC 20201.

FOR FURTHER INFORMATION CONTACT: Vicki Gottlich, Director, Center for 
Policy and Evaluation, Administration for Community Living, U.S. 
Department of Health and Human Services, by phone at (202) 795 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION: In response to Executive Order 13777, Sec. 
3(d), which directs agencies to repeal existing regulations that are 
``outdated, unnecessary or ineffective'' from the Code of Federal 
Regulations (CFR), HHS is removing 45 CFR part 1323, Grants for 
Supportive and Nutritional Services to Older Hawaiian Natives. The 
action is expected to be non-controversial, as it merely removes 
certain provisions from the CFR that are unnecessary and duplicative of 
statutory language. In the future, details regarding the process for 
requesting a hearing should an application be denied will be included 
in the grant application package for this program. Given the length of 
time (30 years) since this particular regulation has been promulgated, 
it is HHS's assessment that the agency is unlikely to receive any 
comments opposing the repeal of this regulation. This rule poses no new 
substantive requirements or burdens on the public, as well as no cost 
savings or imposed costs.

Background

    45 CFR part 1323 follows Title VI (part B) of the Older Americans 
Act, as amended, establishing the requirements that a public or 
nonprofit private organization must meet in order to receive a grant to 
promote the delivery of services for older Hawaiian Natives that are 
comparable to services provided under Title III of the Older Americans 
Act. This regulation also prescribes application and hearing 
requirements and procedures for these grants. There has not been a 
proliferation of regulations developed for this program since the base 
regulation was developed in 1988. Since that time, ACL's Administration 
on Aging has worked with worked with stakeholders to clarify guidance 
and issues through the regular grant application, reporting and 
technical assistance processes, eliminating the need for additional 
regulations. Rescission of this rule will have little to no impact on 
the implementation of the program, and while deregulation will not 
decrease burden, this regulation is no longer necessary. There is no 
legal risk or mitigation required in rescinding this regulation. 
Additionally, this rule is not economically significant. This 
particular program has only one formula grantee in Hawaii.

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 proposed 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 
proposed rule as a deregulatory action (removing an obsolete rule from 
the Code of Federal Regulations). For the purposes of Executive Order 
13771, this proposed rule is not a substantive rule; rather it is 
administrative in nature and provides no cost savings.

[[Page 32117]]

    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 HHS ACL Administrator to initiate this 
rulemaking to remove the unnecessary regulation 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, especially since it would only 
affect one small stakeholder in Hawaii (the sole grantee). 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.

List of Subjects in 45 CFR Part 1323

    Administrative practice and procedure, Aged, Colleges and 
universities, Grant programs--Education, Grant programs--Indians, Grant 
programs--social programs, Indians, Individuals with disabilities, 
Legal services, Long term care, Nutrition, Research, Reporting and 
recordkeeping requirements.

PART 1323--[REMOVED]

0
For the reasons stated in the preamble, and under the authority of 5 
U.S.C. 501, the Administration for Community Living, Department of 
Health and Human Services proposes to remove 45 CFR part 1323.

Lance Robertson,
Administrator and Assistant Secretary for Aging, Administration for 
Community Living.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2019-13849 Filed 7-3-19; 8:45 am]
 BILLING CODE 4154-01-P