83_FR_30203 83 FR 30079 - Removing Outmoded Regulations Regarding the Rural Physician Training Grant Program, Definition of “Underserved Rural Community”

83 FR 30079 - Removing Outmoded Regulations Regarding the Rural Physician Training Grant Program, Definition of “Underserved Rural Community”

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 83, Issue 124 (June 27, 2018)

Page Range30079-30080
FR Document2018-13835

This action removes the outmoded regulations for the Rural Physician Training Grant Program, Definition of ``Underserved Rural Community.'' Funding was authorized at section 749B(i) Public Health Service Act for fiscal years 2010-2013, but never appropriated for the Rural Physician Training Grant Program, and the program was not implemented. Therefore, this regulation is no longer relevant, and HRSA suggested the regulations defining underserved rural communities for the Rural Physician Training Grant Program be removed.

Federal Register, Volume 83 Issue 124 (Wednesday, June 27, 2018) 
[Federal Register Volume 83, Number 124 (Wednesday, June 27, 2018)]
[Rules and Regulations]
[Pages 30079-30080]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-13835]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 5a

RIN 0906-AB17


Removing Outmoded Regulations Regarding the Rural Physician 
Training Grant Program, Definition of ``Underserved Rural Community''

AGENCY: Health Resources and Services Administration (HRSA), HHS.

ACTION: Final rule.

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SUMMARY: This action removes the outmoded regulations for the Rural 
Physician Training Grant Program, Definition of ``Underserved Rural 
Community.'' Funding was authorized at section 749B(i) Public Health 
Service Act for fiscal years 2010-2013, but never appropriated for the 
Rural Physician Training Grant Program, and the program was not 
implemented. Therefore, this regulation is no longer relevant, and HRSA 
suggested the regulations defining underserved rural communities for 
the Rural Physician Training Grant Program be removed.

DATES: This action is effective July 27, 2018.

FOR FURTHER INFORMATION CONTACT: Sweta Maheshwari J.D., Legislative 
Analyst, Division of Policy and Shortage Designation, Bureau of Health 
Workforce, HRSA, 5600 Fishers Lane, Room 11W21A, Rockville, MD 20857, 
by phone at (301) 945-3527, 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 5a. 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 Rural Physician Training Grant Program (Program), Definition of 
``Underserved Rural Community'' regulation was issued via an interim 
final rule with request for comment on May 26, 2010 pursuant to Section 
749B(f) of the Public Health Service Act (42 U.S.C. 293m(f)). The 
regulation has not been updated since it was issued.
    Funding was authorized at section 749B(i) (42 U.S.C. 293m(i)) for 
fiscal years 2010-2013, but was never appropriated for the Program; 
therefore, it was not implemented. This rule defines ``underserved 
rural communities,'' including census track information, Health 
Professions Shortage Areas (HPSAs), and Medically Underserved Areas 
(MUAs) for Program purposes. If the Program were to be funded, HRSA 
would be able to define underserved rural communities for the purpose 
of the program through policy documents.

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 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'' 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 
final rule as a deregulatory action (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.
    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 HRSA Administrator to initiate this 
rulemaking 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.


[[Page 30080]]


    Dated: June 4, 2018.
George Sigounas,
Administrator, Health Resources and Services Administration.
    Approved: June 21, 2018.
Alex M. Azar II,
Secretary, Department of Health and Human Services.

List of Subjects in 42 CFR Part 5a

    Health care, Health care professionals, Public health, Rural 
health.

PART 5a--[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 by removing part 5a.

[FR Doc. 2018-13835 Filed 6-26-18; 8:45 am]
BILLING CODE 4165-15-P

Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations 30079 PART 302–11—ALLOWANCES FOR repeal existing regulations that are a serious inconsistency or otherwise EXPENSES INCURRED IN outmoded from the Code of Federal interfering with an action taken or CONNECTION WITH RESIDENCE Regulations (CFR), HHS is removing 42 planned by another agency; (3) TRANSACTIONS CFR part 5a. HHS believes that there is materially altering the budgetary good cause to bypass notice and impacts of entitlement grants, user fees, ■ 9. The authority citation for 41 CFR comment and proceed to a final rule, or loan programs or the rights and part 302–11 continues to read as pursuant to 5 U.S.C. 553(b)(B). The obligations of recipients thereof; or (4) follows: action is non-controversial, as it merely raising novel legal or policy issues Authority: 5 U.S.C. 5738 and 20 U.S.C. removes an obsolete provision from the arising out of legal mandates, the 905(c). CFR. This rule poses no new substantive President’s priorities, or the principles requirements on the public. Thus, we ■ 10. Amend § 302–11.200 by revising set forth in the Executive Order. view notice and comment as paragraph (f)(1) to read as follows: unnecessary. A regulatory impact analysis (RIA) § 302–11.200 What residence transaction must be prepared for major rules with Background economically significant effects ($100 expenses will my agency pay? The Rural Physician Training Grant million or more in any 1 year). HHS * * * * * Program (Program), Definition of (f) * * * submits that this final rule is not ‘‘Underserved Rural Community’’ ‘‘economically significant’’ as measured (1) Federal Housing Administration regulation was issued via an interim by the $100 million threshold, and (FHA) or VA fees for the loan final rule with request for comment on hence not a major rule under the application; May 26, 2010 pursuant to Section Congressional Review Act. This rule has * * * * * 749B(f) of the Public Health Service Act [FR Doc. 2018–13866 Filed 6–26–18; 8:45 am] not been designated as a ‘‘significant (42 U.S.C. 293m(f)). The regulation has BILLING CODE 6820–14–P regulatory action’’ under Executive not been updated since it was issued. Funding was authorized at section Order 12866. Accordingly, this rule has 749B(i) (42 U.S.C. 293m(i)) for fiscal not been reviewed by the Office of DEPARTMENT OF HEALTH AND years 2010–2013, but was never Management and Budget (OMB). HUMAN SERVICES appropriated for the Program; therefore, Executive Order 13771, titled it was not implemented. This rule ‘‘Reducing Regulation and Controlling 42 CFR Part 5a defines ‘‘underserved rural Regulatory Costs,’’ was issued on RIN 0906–AB17 communities,’’ including census track January 30, 2017. HHS identifies this information, Health Professions final rule as a deregulatory action Removing Outmoded Regulations Shortage Areas (HPSAs), and Medically (removing an obsolete rule from the Regarding the Rural Physician Underserved Areas (MUAs) for Program Code of Federal Regulations). For the Training Grant Program, Definition of purposes. If the Program were to be purposes of Executive Order 13771, this ‘‘Underserved Rural Community’’ funded, HRSA would be able to define final rule is not a substantive rule; underserved rural communities for the rather it is administrative in nature and AGENCY: Health Resources and Services purpose of the program through policy Administration (HRSA), HHS. provides no cost savings. documents. ACTION: Final rule. Executive Order 13777, titled Executive Orders 12866, 13563, 13771, ‘‘Enforcing the Regulatory Reform SUMMARY: This action removes the and 13777 outmoded regulations for the Rural Agenda,’’ was issued on February 24, Executive Orders 12866 and 13563 2017. As required by Section 3 of this Physician Training Grant Program, direct agencies to assess all costs and Executive Order, HHS established a Definition of ‘‘Underserved Rural benefits of available regulatory Regulatory Reform Task Force (HHS Community.’’ Funding was authorized alternatives and, if regulation is Task Force). Pursuant to Section 3(d)(ii), at section 749B(i) Public Health Service necessary, to select regulatory the HHS Task Force evaluated this Act for fiscal years 2010–2013, but approaches that maximize net benefits rulemaking and determined that these never appropriated for the Rural (including potential economic, regulations are ‘‘outdated, unnecessary, Physician Training Grant Program, and environmental, public health and safety or ineffective.’’ Following this finding, the program was not implemented. effects, distributive impacts, and the HHS Task Force advised the HRSA Therefore, this regulation is no longer equity). Executive Order 13771 directs relevant, and HRSA suggested the Administrator to initiate this agencies to categorize all impacts which regulations defining underserved rural rulemaking to remove the obsolete generate or alleviate costs associated communities for the Rural Physician regulations from the Code of Federal with regulatory burden and to Training Grant Program be removed. Regulations. determine the actions net incremental DATES: This action is effective July 27, effect. Regulatory Flexibility Act 2018. Section 3(f) of Executive Order 12866 FOR FURTHER INFORMATION CONTACT: defines a ‘‘significant regulatory action’’ This action will not have a significant Sweta Maheshwari J.D., Legislative as an action that is likely to result in a economic impact on a substantial Analyst, Division of Policy and Shortage rule: (1) Having an annual effect on the number of small entities. Therefore, the Designation, Bureau of Health economy of $100 million or more in any regulatory flexibility analysis provided nshattuck on DSK9F9SC42PROD with RULES Workforce, HRSA, 5600 Fishers Lane, 1 year, or adversely and materially for under the Regulatory Flexibility Act Room 11W21A, Rockville, MD 20857, affecting a sector of the economy, is not required. by phone at (301) 945–3527, or by email productivity, competition, jobs, the at smaheshwari@hrsa.gov. environment, public health or safety, or Paperwork Reduction Act SUPPLEMENTARY INFORMATION: In State, local or Tribal governments or This action does not affect any response to Executive Order 13563, communities (also referred to as information collections. Section 6(a), which urges agencies to ‘‘economically significant’’); (2) creating VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1

30080 Federal Register / Vol. 83, No. 124 / Wednesday, June 27, 2018 / Rules and Regulations Dated: June 4, 2018. regulations that are ‘‘outmoded’’ from and, therefore, no longer has need to set George Sigounas, the Code of Federal Regulations (CFR), repayment terms for private practice Administrator, Health Resources and Services HHS is removing 42 CFR part 23, start-up loans. Furthermore, the NHSC Administration. subpart B (§§ 23.21 through 23.35) and Scholarship Program is significantly Approved: June 21, 2018. subpart C (§ 23.41). Furthermore, HHS oversubscribed, and no further Alex M. Azar II, has determined that there is good cause incentives are necessary to recruit Secretary, Department of Health and Human to bypass notice and comment and health professions students. Services. proceed to a final rule, pursuant to 5 Removing these regulations will not U.S.C. 553(b)(B). The action is non- have an impact on the NHSC program. List of Subjects in 42 CFR Part 5a controversial, as it merely removes There is no specific appropriations Health care, Health care professionals, certain provisions from the CFR that are authority to support Section 338G of the Public health, Rural health. obsolete. Given the length of time PHS Act; the authorization of (approximately 30 years) since the appropriation at 338H supports all the PART 5a—[REMOVED] private practice loan provision has been activities under Subpart III (which utilized, it is HHS’s assessment that the includes the NHSC Loan Repayment ■ For reasons set out in the preamble, agency is unlikely to receive any and Scholarship Programs). The repeal and under the authority at 5 U.S.C. 301, comments opposing the repeal of these of these regulations will not create any HHS amends 42 CFR chapter I by regulations. Thus, a comment period challenges for other programs, as the removing part 5a. prior to finalization of this rule is law and regulations apply solely to [FR Doc. 2018–13835 Filed 6–26–18; 8:45 am] unnecessary. This rule poses no new NHSC clinicians. BILLING CODE 4165–15–P substantive requirements or burdens on Executive Orders 12866, 13563, 13771, the public. and 13777 DEPARTMENT OF HEALTH AND Background Executive Orders 12866 and 13563 HUMAN SERVICES In 1986, HHS issued implementing direct agencies to assess all costs and regulations, as directed in Section 338G benefits of available regulatory 42 CFR Part 23 of the PHS Act, specifying the interest alternatives and, if regulation is RIN 0906–AB15 rate and loan repayment terms for necessary, to select regulatory private practice special loans to former approaches that maximize net benefits Removing Outmoded Regulations Corps members and interest rate and (including potential economic, Regarding the National Health Service loan repayment terms for private environmental, public health and safety Corps Program practice start-up loans to NHSC effects, distributive impacts, and scholarship recipients. equity). Executive Order 13771 directs AGENCY: Health Resources and Services The provision for Special Loans for agencies to categorize all impacts which Administration (HRSA), HHS. Former Corps Members to Enter Private generate or alleviate costs associated ACTION: Final rule. Practice authorized the Secretary to with regulatory burden and to SUMMARY: This action removes make a one-time loan up to $25,000 to determine the actions net incremnatal a Corps member. In exchange, the Corps effect. outmoded regulations for the National member reciprocated by committing to Section 3(f) of Executive Order 12866 Health Service Corps (NHSC) Program. serve as a full-time private practice defines a ‘‘significant regulatory action’’ The regulations were promulgated to as an action that is likely to result in a provider in a Health Professional implement Section 338G of the Public rule: (1) Having an annual effect on the Shortage Area (HPSA) for a minimum of Health Service (PHS) Act, relating to economy of $100 million or more in any two years. The intent of these private practice loans. The regulations 1 year, or adversely and materially regulations was to retain Corps members have not been updated since they were affecting a sector of the economy, in HPSAs after the completion of their issued in 1986. The regulations are no productivity, competition, jobs, the service obligation. The regulation is no longer relevant or needed as the NHSC environment, public health or safety, or longer relevant as the NHSC has not has not made private practice loan State, local or Tribal governments or made such loan opportunities available opportunities available since the 1980s, since the 1980s and, therefore, no longer communities (also referred to as and does not plan to do so in the needs to set repayment terms for private ‘‘economically significant’’); (2) creating foreseeable future. The removal of these practice start-up loans. HRSA does not a serious inconsistency or otherwise regulations will not create any intend to restart this loan program, as interfering with an action taken or challenges for other programs, as the the NHSC program currently has a planned by another agency; (3) law and regulations apply solely to retention rate of 88%, making additional materially altering the budgetary NHSC clinicians. incentives unnecessary. impacts of entitlement grants, user fees, DATES: This action is effective July 27, Section 338G also authorizes Private or loan programs or the rights and 2018. Start-Up Loans. At the time the statute obligations of recipients thereof; or (4) FOR FURTHER INFORMATION CONTACT: was enacted, only the NHSC raising novel legal or policy issues Sweta Maheshwari J.D., Legislative Scholarship Program existed. Scholars arising out of legal mandates, the Analyst, Division of Policy and Shortage were able to apply for up to $25,000 to President’s priorities, or the principles Designation, Bureau of Health purchase or lease the equipment and set forth in the Executive Order. Workforce, HRSA, 5600 Fishers Lane, supplies needed for providing health A regulatory impact analysis (RIA) nshattuck on DSK9F9SC42PROD with RULES Room 11W21A, Rockville, MD 20857, services in their private practices. The must be prepared for major rules with by phone at (301) 945–3527, or by email intention of the program was to offer economically significant effects ($100 at smaheshwari@hrsa.gov. further incentives to recruit health million or more in any 1 year). HHS SUPPLEMENTARY INFORMATION: In professions students into the program. submits that this final rule is not response to Executive Order 13777 and The regulation is no longer relevant ‘‘economically significant’’ as measured Executive Order 13563, Sec. 6(a), which since the NHSC has not made such loan by the $100 million threshold, and direct agencies to repeal existing opportunities available since the 1980s hence not a major rule under the VerDate Sep<11>2014 14:30 Jun 26, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1


Document Created: 2018-11-06 09:52:37
Document Modified: 2018-11-06 09:52:37
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis action is effective July 27, 2018.
ContactSweta Maheshwari J.D., Legislative Analyst, Division of Policy and Shortage Designation, Bureau of Health Workforce, HRSA, 5600 Fishers Lane, Room 11W21A, Rockville, MD 20857, by phone at (301) 945-3527, or by email at [email protected]
FR Citation83 FR 30079 
RIN Number0906-AB17
CFR AssociatedHealth Care; Health Care Professionals; Public Health and Rural Health
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