[Federal Register Volume 59, Number 220 (Wednesday, November 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28322]
[[Page Unknown]]
[Federal Register: November 16, 1994]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
42 CFR Part 59a
RIN 0905-AE55
National Library of Medicine Grants
AGENCY: National Institutes of Health, Public Health Service, DHHS.
ACTION: Final rule.
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SUMMARY: The National Institutes of Health is amending the regulations
governing certain National Library of Medicine (NLM) grants to conform
the maximum award amount set forth in the regulations to the maximum
award amount set forth in the NIH Revitalization Act of 1993. The NIH
Revitalization Act of 1993 increased the maximum award amount for an
NLM grant for basic resources from $750,000 to $1,000,000. The
regulations are being amended to reflect this statutory change.
EFFECTIVE DATE: This amendment is effective on November 16, 1994.
FOR FURTHER INFORMATION CONTACT:
Mr. Jerry Moore, Regulatory Affairs Officer, National Institutes of
Health, Building 31, Room 3B11, 9000 Rockville Pike, Bethesda, Maryland
20892-0001, telephone (301) 496-2832 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: The National Institutes of Health is
amending the regulations at 42 CFR part 59a, subpart A, governing NLM
grants for establishing, expanding, and improving basic medical library
resources, authorized by section 474 of the Public Health Service (PHS)
Act, as amended, by revising the introductory sentence of paragraph (b)
of Sec. 59a.5 to set forth a maximum award amount of $1,000,000. This
action is being taken so that the regulations will accurately reflect
the new statutory limit of $1,000,000 on these grants.
Additionally, Public Law 103-227, enacted on March 31, 1994,
prohibits smoking in certain facilities in which minors will be
present. The Department of Health and Human Services is now preparing
to implement the provisions of that law. Until those implementation
plans are in place, PHS continues to strongly encourage all grant
recipients to provide a smoke-free workplace and promote the nonuse of
all tobacco products.
Under sections 553(b)(3)(B) and 553 (d) (1) and (3) of title 5,
United States Code, notice, public comment, and delayed effective date
procedures have been waived for this amendment based on a finding of
good cause. These procedures for ensuring public participation in the
rulemaking process and time for compliance are unnecessary because the
change has already been made by section 1401 of Public Law 103-43 and
it relieves the current restriction in the regulations limiting grant
award amounts.
Regulatory Impact Statement
Executive Order 12866 of September 30, 1993, Regulatory Planning
and Review, requires the Department to prepare an analysis for any rule
that meets one of the E. O. 12866 criteria for a significant regulatory
action; that is, that may--
Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal, governments or
communities;
Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
Materially alter the budgetary impact of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or
Raise novel legal or policy issues arising out of legal mandates,
the President's priorities, or the principles set forth in E.O. 12866.
In addition, the Department prepares a regulatory flexibility
analysis, in accordance with the Regulatory Flexibility Act of 1980 (5
U.S.C. chapter 6), if the rule is expected to have a significant impact
on a substantial number of small entities.
For the reasons outlined below, we do not believe this rule is
economically significant nor do we believe that it will have a
significant impact on a substantial number of small entities. In
addition, this proposed rule is not inconsistent with the actions of
any other agency.
This rule merely codifies the maximum award amount established by
law for NLM grants awarded under part 59a, subpart A, thereby
conforming the regulations governing the grants to the NIH
Revitalization Act of 1993. The grant program does not have a
significant economic or policy impact on a broad cross-section of the
public. Furthermore, this rule would only affect those institutions,
organizations, or agencies authorized or qualified to carry on the
functions of a medical library that are interested in participating in
the program, subject to the normal accountability requirements for
program participation. No institution, organization, or agency is
obligated to participate in the program.
For these same reasons, the Secretary certifies this proposed rule
will not have a significant economic impact on a substantial number of
small entities, and that a Regulatory Flexibility Analysis, as defined
under the Regulatory Flexibility Act of 1980, is not required.
Paperwork Reduction Act of 1980
This final rule does not contain any information collection,
recordkeeping, or disclosure requirements subject to Office of
management and Budget (OMB) review and approval under the Paperwork
Reduction Act of 1980 (44 U.S.C. chapter 35).
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance (CDFA) numbered program
affected by this final rule is: 93.879 Medical Library Assistance.
List of Subjects in 42 CFR Part 59a
Grant programs-Health; Libraries; Medical research.
Dated: October 28, 1994.
Philip R. Lee,
Assistant Secretary for Health.
Approved: November 9, 1994.
Donna E. Shalala,
Secretary.
For the reasons set out in the preamble, subject A of part 59a,
title 42 of the Code of Federal Regulations, is amended as set forth
below.
PART 59a--NATIONAL LIBRARY OF MEDICINE GRANTS
Subpart A--Grants for Establishing, Expanding, and Improving Basic
Resources
1. The authority citation for subpart A of part 59a continues to
read as follows:
Authority: 42 U.S.C. 286b-2, 286b-5.
2. Section 59a.5 is amended by revising the introductory sentence
in paragraph (b) to read as follows:
Sec. 59a.5 Awards.
* * * * *
(b) Determination of award amount. An Award may not exceed
$1,000,000 or other amount established by law for any fiscal year. * *
*
* * * * *
[FR Doc. 94-28322 Filed 11-15-94; 8:45 am]
BILLING CODE 4140-01-P-M
