80 FR 34838 - Removal of Obsolete Provisions

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 80, Issue 117 (June 18, 2015)

Page Range		34838-34839
FR Document		2015-14424

Much of the information set out in certain regulations regarding HHS's programs and activities is obsolete. Also, electronic resources are now available that did not exist when this part was first codified. This rule removes these obsolete regulations.

Federal Register, Volume 80 Issue 117 (Thursday, June 18, 2015)

[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Rules and Regulations]
[Pages 34838-34839]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14424]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 1


Removal of Obsolete Provisions

AGENCY: Office of the Secretary, HHS.

ACTION: Direct final rule.

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SUMMARY: Much of the information set out in certain regulations 
regarding HHS's programs and activities is obsolete. Also, electronic 
resources are now available that did not exist when this part was first 
codified. This rule removes these obsolete regulations.

DATES: This action is effective August 17, 2015 without further action, 
unless adverse comment is received by July 20, 2015 If adverse comment 
is received, HHS will publish a timely cancellation of the action in 
the Federal Register.

ADDRESSES: Interested persons are invited to submit comments concerning 
this action. You may submit electronic comments to http://www.regulations.gov. Follow the ``Submit a comment'' instructions. Or, 
you may mail paper comments as follows: Madhura Valverde, Suite 639G, 
200 Independence Avenue SW., Washington, DC 20201. (Please allow 
sufficient time for mailed comments to be received before the close of 
the comment period). If you wish to deliver paper comments in person or 
by courier, please call (202) 690-6827 or (202) 205-9165, to schedule 
the delivery with one of our staff members.

FOR FURTHER INFORMATION CONTACT: Madhura Valverde, Executive Secretary, 
U.S. Department of Health and Human Services, Washington, DC 20201 
([email protected]).

SUPPLEMENTARY INFORMATION: The provisions of 45 CFR part 1, specifying 
the CFR locations of regulations for HHS's programs and activities, and 
regarding the subject matter of the Office of the Secretary 
regulations, have not been updated since 1987. These regulations have 
become obsolete and inaccurate. At the time they were added to the CFR, 
it was felt that this material would prove helpful to the public. 
However, the growth of electronic accessibility to regulations through 
such governmental sources as:
--Office of the Federal Register's (OFR) List of CFR Subjects 
(www.archives.gov/federalrgeister/cfr/subjects.htm);
--OFR's Electronic Code of Federal Regulations (www.ecfr.gov);
--OFR's annual CFR
    [cir] (www.thefederalregister.org/fdsys/browse/collectionCfr.action?collectionCode=CFR);
--HHS's Web site (www.hhs.gov/regulations);
as well as numerous commercial web browsers, have greatly improved the 
public's access to, and ability to search our regulations. Because of 
this increased accessibility, and in response to Executive Order 13563, 
Sec. 6, which urges agencies to ``repeal'' existing regulations that 
are ``outmoded'', HHS is removing 45 CFR part 1.
    Notice and comment are not required for this rule, because it 
affects agency organization, procedure, or practice under 5 U.S.C. 
553(b)(A). Furthermore, HHS believes that there is good cause hereby to 
bypass notice and comment, and to proceed to a direct final rule, 
pursuant to 5 U.S.C. 553 (b)(B). The action is non-controversial, 
merely removing information from the CFR that is obsolete and 
inaccurate, and whose current locations are otherwise readily 
available. This rule posed no new substantive requirements on the 
public. Accordingly, HHS believes this direct final rule will not 
elicit any significant adverse comments, but if such comments are 
received HHS will publish a timely notice of withdrawal in the Federal 
Register.

Executive Order 12866

    This action does not meet the criteria for a significant regulatory 
action as set out under Executive Order 12866, and review by the Office 
of Management and Budget has accordingly not been required.

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 impose any information collection requirements 
under the Paperwork Reduction Act.

List of Subjects in 45 CFR Part 1

    Code of Federal Regulations, Organization and functions (Government 
agencies).

    For reasons set out in the preamble, and under the authority at 5 
U.S.C. 301, HHS amends 45 CFR subchapter A by removing part 1.

[[Page 34839]]

PART 1--[REMOVED AND RESERVED]

    Dated: June 5, 2015.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2015-14424 Filed 6-17-15; 8:45 am]
BILLING CODE P

Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 34839

PART 1—[REMOVED AND RESERVED] CFR 385.4 and referenced at 49 CFR III. Background
385.415(b)(1). The rules currently Currently, 49 CFR 385.415 prescribes
Dated: June 5, 2015. reference the April 1, 2014, edition of operational requirements for motor
Sylvia M. Burwell, ‘‘North American Standard Out-of- carriers transporting hazardous
Secretary. Service Criteria and Level VI Inspection materials for which a hazardous
[FR Doc. 2015–14424 Filed 6–17–15; 8:45 am] Procedures and Out-of-Service Criteria materials safety permit is required.
BILLING CODE P
for Commercial Highway Vehicles Section 385.415(b)(1) requires that
Transporting Transuranics and Highway motor carriers must ensure a pre-trip
Route Controlled Quantities of inspection be performed on each motor
DEPARTMENT OF TRANSPORTATION Radioactive Materials as defined in 49 vehicle to be used to transport a
CFR part 173.403.’’ In this final rule, highway route controlled quantity of a
Federal Motor Carrier Safety FMCSA incorporates the April 1, 2015, Class 7 (radioactive) material, in
Administration edition. The revision does not impose accordance with the requirements of the
new requirements or substantively ‘‘North American Standard Out-of-
49 CFR Parts 385 amend the Code of Federal Regulations. Service Criteria and Level VI Inspection
Procedures and Out-of-Service Criteria
[Docket No. FMCSA–FMCSA–2015–0075] II. Legal Basis for the Rulemaking for Commercial Highway Vehicles
RIN 2126–AB78 Congress has enacted several statutory Transporting Transuranics and Highway
provisions to improve the safety of Route Controlled Quantities of
Incorporation by Reference; North Radioactive Materials as defined in 49
American Standard Out-of-Service hazardous materials transported in
CFR part 173.403.’’ With regard to the
Criteria; Hazardous Materials Safety interstate commerce. Specifically, in
specific edition of the out-of-service
Permits provisions codified at 49 U.S.C. 5105(e),
criteria, 49 CFR 385.4, as amended on
relating to inspections of motor vehicles May 15, 2014 (79 FR 27766), references
AGENCY: Federal Motor Carrier Safety carrying hazardous material, and 49 the April 1, 2014, edition. Specifically,
Administration (FMCSA), DOT. U.S.C. 5109, relating to motor carrier this final rule amends § 385.4 (b) by
ACTION: Final rule. safety permits, it has required the replacing the reference to the April 1,
Secretary of the Department of 2014, edition date with the new edition
SUMMARY: FMCSA amends its Transportation to promulgate
Hazardous Materials Safety Permits date of April 1, 2015.
regulations as part of a comprehensive FMCSA reviewed the April 1, 2015,
rules to update the current safety program on hazardous material edition and determined there are no
incorporation by reference of the ‘‘North safety permits. The FMCSA substantive changes that would result in
American Standard Out-of-Service Administrator has been delegated motor carriers being subjected to a new
Criteria and Level VI Inspection
authority under 49 CFR 1.87 to carry out or amended standard. The changes are
Procedures and Out-of-Service Criteria
the rulemaking functions vested in the highlighted below for reference. It is
for Commercial Highway Vehicles
Secretary of Transportation. Consistent necessary to update the reference to
Transporting Transuranics and Highway
with that authority, FMCSA has ensure that motor carriers and
Route Controlled Quantities of
promulgated regulations to address the enforcement officials have convenient
Radioactive Materials as defined in 49
congressional mandate. Such access to the correctly identified
CFR part 173.403.’’ Currently the rules
regulations on hazardous materials are inspection criteria that are referenced in
reference the April 1, 2014, edition of
the underlying provisions that have the rules.
the out-of-service criteria and, through
utilized the material incorporated by There are eight changes made in the
this final rule, FMCSA incorporates the
reference discussed in this notice. 2015 edition. Additional conforming
April 1, 2015, edition.
changes have been made to the table of
DATES: Effective June 18, 2015. The The Administrative Procedure Act contents, but those are not included in
incorporation by reference of certain (APA) (5 U.S.C. 553) specifically this summary. (All references are to the
publications listed in the rule is provides that adherence to its notice April 1, 2015 North American Standard
approved by the Director of the Federal and public comment rulemaking Out-of-Service Criteria and Level VI
Register in accordance with 5 U.S.C. procedures are not required where the Inspection Procedures and Out-of-
552(a) and 1 CFR part 51 as of June 18, Agency finds there is good cause to Service Criteria for Commercial
2015. dispense with such procedures (and Highway Vehicles Transporting
FOR FURTHER INFORMATION CONTACT: Mr. incorporates the finding and a brief Transuranics and Highway Route
Michael Huntley, Federal Motor Carrier statement of reasons to support the Controlled Quantities of Radioactive
Safety Administration, Office of Policy, finding in the rules issued). Generally, Materials as defined in 49 CFR part
1200 New Jersey Avenue SE., good cause exists where the Agency 173.403.) The first change is to create
Washington, DC 20590–0001, by determines that notice and public consistency in the language used
telephone at (202) 366–9209 or via comment procedures are impracticable, between commercial driver’s license
email michael.huntley@dot.gov. Office unnecessary, or contrary to the public (CDL) and non-CDL drivers, when being
hours are from 8 a.m. to 4:30 p.m., interest (5 U.S.C. 553 (b)(3)(B)). This taken out of service. (Part I, item 2.a.(1))
Monday through Friday, except Federal document updates an incorporation by It does not change the criteria used to
holidays. If you have questions on reference found at 49 CFR 385.4 and take drivers out of service, therefore this
viewing the docket, contact Docket referenced at 49 CFR 385.415(b)(1). The is not a substantive change. The second
tkelley on DSK3SPTVN1PROD with RULES

Operations, telephone 202–366–9826. revision does not impose new change is to align the standard with
SUPPLEMENTARY INFORMATION: requirements or substantively change FMCSA’s regulation governing
the Code of Federal Regulations. For operation of a vehicle while fatigued,
I. Executive Summary these reasons, the FMCSA finds good found at 49 CFR 392.3. (Part I, Item 6.)
This rulemaking updates an cause that notice and public comment Again, this change does not alter the
incorporation by reference found at 49 procedures are unnecessary. criteria an inspector would use to take

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Document Created: 2018-02-22 11:12:05
Document Modified: 2018-02-22 11:12:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Direct final rule.
Dates		This action is effective August 17, 2015 without further action, unless adverse comment is received by July 20, 2015 If adverse comment is received, HHS will publish a timely cancellation of the action in the Federal Register.
Contact		Madhura Valverde, Executive Secretary, U.S. Department of Health and Human Services, Washington, DC 20201 ([email protected]).
FR Citation		80 FR 34838
CFR Associated		Code of Federal Regulations and Organization and Functions (government Agencies)