00-2048. Contracts under the Indian Self-Determination Act Removal of Regulations

AGENCY:

Indian Health Service, HHS.

ACTION:

Proposed Rule.

SUMMARY:

The Indian Health Service (IHS) is proposing the elimination of 42 CFR part 36, subpart I, as mandated by Executive Order 12866 to streamline the regulatory process and enhance the planning and coordination of new and existing regulations.

DATES:

Comments must be received on or before April 3, 2000.

ADDRESSES:

Comments may be sent to Betty J. Penn, Regulations Officer, Indian Health Service, 12300 Twinbrook Parkway, Suite 450, Rockville, Maryland 20852; e-mailed to [e-mail]; faxed to 301/443-2316; or hand delivered to the above address. Comments will available for inspection at the above address from 9:00 a.m. through 4:00 p.m. Monday through Friday, beginning approximately 2 weeks after publication of this document in the Federal Register.

FOR FURTHER INFORMATION CONTACT:

Leslie M. Morris, Director, Division of Regulatory and Legal Affairs, at Suite 450, 12300 Twinbrook Parkway, Rockville, MD 20852, telephone: [phone]. (This is not a toll-free number.)

SUPPLEMENTARY INFORMATION:

On June 24, 1996, the Department of Health and Human Services (HHS) and the Department of the Interior (DOI) issued joint regulations authorized by section 107 of the Indian Self-Determination and Education Assistance Act (ISDA), Public Law 93-638, as amended, 25 U.S.C. 450k. These joint regulations, published in the Federal Register on June 24, 1996, and codified at CFR part 900, replaced Department regulations codified at 42 CFR part 36, subpart I, “Contracts under the ISDA”; 48 CFR section 352.280-4, “Contracts awarded under the ISDA”; 48 CFR 352.380-4, “Contracts awarded under the ISDA; and 48 CFR subpart 380.4, “Contracts awarded under the ISDA;” because they are no longer necessary for the Administration of the IHS Programs.

Section 107(b) of the ISDA provides in pertinent part that “the secretary is authorized to repeal any regulation inconsistent with the provisions of this act.” The HHS has proposed at 64 FR 1344 to revise 48 CFR, Chapter 3, to streamline and simplify its acquisition regulations (HHSRA) in accordance with the directions of the National Performance Review. In so doing, the sections of 48 CFR eliminated by the joint rule (25 CFR part 900) issued by the HHS and the DOI would be removed. Therefore, this document proposes to eliminate only subpart I of 42 CFR part 36.

Publication of this proposed rule by the HHS provides the public and opportunity to participate in the rulemaking process. Interested persons may submit written comments regarding this proposed rule to the location identified in the addresses section of this document.

Executive Order 12866

This proposed rule is not a significant regulatory action under Executive Order 12866 and has not been reviewed by the Office of Management and Budget. It proposes only to remove obsolete regulations.

Regulatory Flexibility Act

The HHS certifies that this document will not have a significant economic effect on a substantial number of small entities under the Regulatory Flexibility Act since it only proposes to remove obsolete regulations.

Executive Order 12612

The Department has determined that this rule does not have significant Federalism effects because it pertains solely to Federal-Tribal relations and will not interfere with the roles, rights, and responsibilities of States.

Paperwork Reduction Act of 1995

This regulation contains no information collection requirement that would require notification of the Office of Management and Budget.

The authority to propose the elimination of these regulations is 42 U.S.C. 2003 and 25 U.S.C. 13.

List of Subjects in 42 CFR Part 36

• American Indians
• Alaska Natives
• Government property
• Health care
• Indians—business and finance

Dated: December 15, 1999.

Michael H. Trujillo,

Assistant Surgeon General Director, Indian Health Service.

Approved: January 20, 2000.

Donna E. Shalala,

Secretary of Health and Human Services.

For the reasons set out in the preamble, and under the authority of 42 U.S.C. 2003 and 25 U.S.C. 13, the Department proposes to remove subpart I of 42 CFR Part 36.