[Federal Register Volume 80, Number 227 (Wednesday, November 25, 2015)]
[Rules and Regulations]
[Pages 73667-73669]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29827]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Part 80
[Docket No. CDC-2015-0062; NIOSH-286]
RIN 0920-AA55
Occupational Safety and Health Research and Related Activities:
Removal of Regulations Regarding Administrative Functions, Practices,
and Procedures
AGENCY: Centers for Disease Control and Prevention, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: With this action, the Department of Health and Human Services
(HHS) removes its regulations pertaining to fees for direct training in
occupational safety and health conducted by the National Institute for
Occupational Safety and Health (NIOSH) in the Centers for Disease
Control and Prevention (CDC). As a part of the retrospective review
conducted by all Federal agencies, HHS has determined that these
regulations are no longer in use by NIOSH and should be removed.
DATES: This rule is effective on November 25, 2015.
FOR FURTHER INFORMATION CONTACT: Rachel Weiss, Program Analyst, 1090
Tusculum Ave., MS: C-46, Cincinnati, OH 45226; telephone (855)818-1629
(this is a toll-free number); email [email protected].
SUPPLEMENTARY INFORMATION:
I. Public Participation
In a notice of proposed rulemaking published on August 13, 2015 (80
FR 48473), HHS invited interested persons or organizations to submit
written views, recommendations, and data regarding the removal of part
80. We received no comments on this rule.
[[Page 73668]]
II. Statutory Authority
HHS promulgated part 80 of title 42 to facilitate Section 21(a)(1)
of the Occupational Safety and Health (OSH) Act of 1970 (29 U.S.C.
670(a)(1)), which authorizes the Director of NIOSH to conduct
educational programs to provide an adequate supply of qualified
personnel to carry out the purposes of the OSH Act. Part 80 established
tuition fees for such training, as authorized by 31 U.S.C. 483a (31
U.S.C. 9701, as revised by Public Law 97-258, September 13, 1982),
which permits agencies to ``prescribe regulations establishing the
charge for service or thing of value provided by the agency.'' In
accordance with section 6 of Executive Order 13563, HHS conducted a
retrospective analysis of its existing rules, determined Part 80 to be
obsolete, and is hereby removing Part 80 from Title 42.
III. Summary of Final Rule
The provisions in Part 80 establish the NIOSH policies with respect
to the charging of fees for direct training in occupational safety and
health. Because NIOSH no longer offers direct training programs, these
provisions are no longer needed. Removing Part 80 from Title 42 will
have no effect on NIOSH procedures or practices, including the NIOSH
funding of the Education and Research Centers for Occupational Safety
and Health. This action is being done in accordance with Executive
Order 13563, section 6, which requires that Federal agencies conduct
retrospective analyses of existing rules. In conducting the analysis,
HHS discovered that the Part 80 provisions were outdated.
IV. Regulatory Assessment Requirements
A. Executive Order 12866 and Executive Order 13563
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). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This final rule has been determined not to be a ``significant
regulatory action'' under section 3(f) of E.O. 12866. With this action,
HHS is removing part 80 from title 42. Because this final rule is
entirely administrative and does not affect the economic impact, cost,
or policies of any activities authorized by title 42, HHS has not
prepared an economic analysis and the Office of Management and Budget
(OMB) has not reviewed this rulemaking.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq.,
requires each agency to consider the potential impact of its
regulations on small entities including small businesses, small
governmental units, and small not-for-profit organizations. Because no
substantive changes will be made to 42 CFR part 80 as a result of this
action, HHS certifies that this rule has ``no significant economic
impact upon a substantial number of small entities'' within the meaning
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
C. Paperwork Reduction Act
The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., requires
an agency to invite public comment on, and to obtain OMB approval of,
any regulation that requires 10 or more people to report information to
the agency or to keep certain records. This rule does not contain any
information collection requirements; thus, HHS has determined that the
PRA does not apply to this rule.
D. Small Business Regulatory Enforcement Fairness Act
As required by Congress under the Small Business Regulatory
Enforcement Fairness Act of 1996 (5 U.S.C. 801 et seq.), HHS reported
the promulgation of this rule to Congress prior to its effective date.
E. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531
et seq.) directs agencies to assess the effects of Federal regulatory
actions on State, local, and Tribal governments, and the private sector
``other than to the extent that such regulations incorporate
requirements specifically set forth in law.'' For purposes of the
Unfunded Mandates Reform Act, this final rule does not include any
Federal mandate that may result in increased annual expenditures in
excess of $100 million by State, local or Tribal governments in the
aggregate, or by the private sector.
F. Executive Order 12988 (Civil Justice)
This final rule has been drafted and reviewed in accordance with
Executive Order 12988, ``Civil Justice Reform,'' and will not unduly
burden the Federal court system. This rule has been reviewed carefully
to eliminate drafting errors and ambiguities.
G. Executive Order 13132 (Federalism)
HHS has reviewed this final rule in accordance with Executive Order
13132 regarding federalism, and has determined that it does not have
``federalism implications.'' The rule does not ``have substantial
direct effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
H. Executive Order 13045 (Protection of Children From Environmental
Health Risks and Safety Risks)
In accordance with Executive Order 13045, HHS has evaluated the
environmental health and safety effects of this final rule on children.
HHS has determined that the rule would have no environmental health and
safety effect on children.
I. Executive Order 13211 (Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use)
In accordance with Executive Order 13211, HHS has evaluated the
effects of this final rule on energy supply, distribution or use, and
has determined that the rule will not have a significant adverse
effect.
J. Plain Writing Act of 2010
Under Public Law 111-274 (October 13, 2010), executive Departments
and Agencies are required to use plain language in documents that
explain to the public how to comply with a requirement the Federal
Government administers or enforces. HHS has attempted to use plain
language in promulgating the final rule consistent with the Federal
Plain Writing Act guidelines.
Final Rule
For the reasons discussed in the preamble and under the authorities
29 U.S.C. 671, 31 U.S.C. 9701, and 42 U.S.C. 216(b), the Department of
Health and Human Services amends 42 CFR chapter I by removing part 80.
PART 80--[REMOVED AND RESERVED]
0
1. Remove and reserve part 80.
[[Page 73669]]
Dated: November 16, 2015.
Sylvia M. Burwell,
Secretary, Department of Health and Human Services.
[FR Doc. 2015-29827 Filed 11-24-15; 8:45 am]
BILLING CODE 4163-18-P