[Federal Register Volume 85, Number 120 (Monday, June 22, 2020)]
[Proposed Rules]
[Pages 37414-37415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12754]



Indian Health Service

42 CFR Part 136a

[Docket No. IHS-FRDOC-0001]
RIN 0917-AA13

Indian Health; Removal of Suspended Regulations

AGENCY: Indian Health Service, Department of Health and Human Services.

ACTION: Notice of proposed rulemaking.


SUMMARY: The Indian Health Service (IHS) of the Department of Health 
and Human Services (HHS or ``the Department'') is issuing this notice 
of proposed rulemaking (NPRM) proposing the removal of regulations 
appearing in the Code of Federal Regulations. These regulations have 
never been implemented and were referred to as ``suspended'' in a 1999 
Federal Register Notice.

DATES: Send comments on or before August 21, 2020.

ADDRESSES: You may submit comments to this proposed rule, identified by 
RIN 0917-AA14 by any of the following methods:
     Federal eRulemaking Portal. You may submit electronic 
comments at http://www.regulations.gov by searching for the Docket ID 
number IHS-FRDOC-0001. Follow the instructions http://www.regulations.gov online for submitting comments through this method.
     Regular, Express, or Overnight Mail: You may mail comments 
to Indian Health Service, Attention: Evonne Bennett, Acting Director, 
NPRM, RIN 0917-AA13, Division of Regulatory and Policy Coordination, 
Office of Management Services, Indian Health Service, 5600 Fishers 
Lane, Mailstop: 09E70, Rockville, Maryland 20857.
    All comments received by the methods and due date specified above 
will be posted without change to content to http://www.regulations.gov, 
including any personal information provided about the commenter, and 
such posting may occur before or after the closing of the comment 
    Docket: For complete access to background documents or posted 
comments, go to http://www.regulations.gov and search for Docket ID 
number IHS-FRDOC-0001.

FOR FURTHER INFORMATION CONTACT: Evonne Bennett, Acting Director, 
Division of Regulatory and Policy Coordination, Office of Management 
Services, IHS, 5600 Fishers Lane, Rockville, MD 20857, Mail Stop: 
09E70. Telephone (301) 443-1116 (This is not a toll-free number).

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``outdated, unnecessary or ineffective'' from the CFR, HHS proposes to 
remove the regulations appearing at 42 CFR part 136a. These regulations 
were promulgated as a final rule in 1987 and were intended to replace 
the regulations appearing in the CFR at 42 CFR part 136. The new 
regulations, however, were never implemented and have since been 
referred to as ``suspended'' in the Federal Register. In the 
intervening years, the IHS has continued to follow the regulations 
appearing at 42 CFR part 136, and the IHS does not propose to alter 
this practice. Instead, the IHS proposes to remove the duplicative 
regulations at 42 CFR part 136a from the CFR. Given how much time has 
passed since these regulations were initially promulgated; the concern 
on the part of Congress regarding implementation of the regulations; 
and the confusion caused by having two sets of regulations addressing 
the same issue published in the CFR, the Agency proposes that the 
suspended regulations at 42 CFR part 136a be deleted in their entirety.

Executive Orders 12866, 13563, 13771, and 13777

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives. Section 3(f) 
of Executive

[[Page 37415]]

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. 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. HHS identifies this proposed rule as a 
deregulatory action (removing an obsolete rule from the Code of Federal 
Regulations) that 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 IHS 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 Indian 
health programs. 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 42 CFR Part 136a

    Government procurement, Government programs--education, Grant 
programs--education, Grant programs--health, Grant programs--Indians, 
Health care, Health professions, Indians, Penalties, Reporting and 
recordkeeping requirements, Scholarships and fellowships, Student aid.


    For the reasons set forth above, and under the authority of the 
Snyder Act (25 U.S.C. 13) and the Transfer Act (42 U.S.C. 2001 et 
seq.), the Department of Health and Human Services proposes to remove 
42 CFR part 136a from the Code of Federal Regulations.

    Dated: March 13, 2020.
Michael D. Weahkee,
RADM, Assistant Surgeon General, U.S. Public Health Service, Principal 
Deputy Director, Indian Health Service.
    Approved: April 9, 2020.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2020-12754 Filed 6-19-20; 8:45 am]