Grants for Supportive and Nutritional Services to Older Hawaiian Natives Program
| Published date | 05 July 2019 |
| Citation | 84 FR 32116 |
| Record Number | 2019-13849 |
| Section | Proposed rules |
| Court | Community Living Administration |
Federal Register, Volume 84 Issue 129 (Friday, July 5, 2019)
[Federal Register Volume 84, Number 129 (Friday, July 5, 2019)]
[Proposed Rules]
[Pages 32116-32117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13849]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Community Living
45 CFR Part 1323
RIN 0985-AA14
Grants for Supportive and Nutritional Services to Older Hawaiian
Natives Program
AGENCY: Administration for Community Living (ACL); HHS.
ACTION: Proposed rule.
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SUMMARY: This rule removes unnecessary regulations for the Grants for
Supportive and Nutritional Services to Older Hawaiian Natives program
awarded under Older Americans Act. The regulations were promulgated in
1988. Since that time ACL's Administration on Aging has worked with
stakeholders to clarify guidance and issues through the regular grant
application, reporting and technical assistance processes, eliminating
the need for additional regulations. This particular program has only
one formula grantee in Hawaii, and the regulations are duplicative of
statutory language. The removal of the regulations will not create any
challenges for the Supportive and Nutritional Services to Older
Hawaiian Natives program or for other programs funded under the Older
Americans Act.
DATES: Submit either electronic or written comments on this document by
September 3, 2019.
ADDRESSES: Submit comment to Vicki Gottlich, Director, Center for
Policy and Evaluation, Administration for Community Living, U.S.
Department of Health and Human Services, by email at
[email protected] or by mail at 330 C Street SW, Washington,
DC 20201.
FOR FURTHER INFORMATION CONTACT: Vicki Gottlich, Director, Center for
Policy and Evaluation, Administration for Community Living, U.S.
Department of Health and Human Services, by phone at (202) 795 or by
email at [email protected].
SUPPLEMENTARY INFORMATION: In response to Executive Order 13777, Sec.
3(d), which directs agencies to repeal existing regulations that are
``outdated, unnecessary or ineffective'' from the Code of Federal
Regulations (CFR), HHS is removing 45 CFR part 1323, Grants for
Supportive and Nutritional Services to Older Hawaiian Natives. The
action is expected to be non-controversial, as it merely removes
certain provisions from the CFR that are unnecessary and duplicative of
statutory language. In the future, details regarding the process for
requesting a hearing should an application be denied will be included
in the grant application package for this program. Given the length of
time (30 years) since this particular regulation has been promulgated,
it is HHS's assessment that the agency is unlikely to receive any
comments opposing the repeal of this regulation. This rule poses no new
substantive requirements or burdens on the public, as well as no cost
savings or imposed costs.
Background
45 CFR part 1323 follows Title VI (part B) of the Older Americans
Act, as amended, establishing the requirements that a public or
nonprofit private organization must meet in order to receive a grant to
promote the delivery of services for older Hawaiian Natives that are
comparable to services provided under Title III of the Older Americans
Act. This regulation also prescribes application and hearing
requirements and procedures for these grants. There has not been a
proliferation of regulations developed for this program since the base
regulation was developed in 1988. Since that time, ACL's Administration
on Aging has worked with worked with stakeholders to clarify guidance
and issues through the regular grant application, reporting and
technical assistance processes, eliminating the need for additional
regulations. Rescission of this rule will have little to no impact on
the implementation of the program, and while deregulation will not
decrease burden, this regulation is no longer necessary. There is no
legal risk or mitigation required in rescinding this regulation.
Additionally, this rule is not economically significant. This
particular program has only one formula grantee in Hawaii.
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 proposed 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
proposed rule as a deregulatory action (removing an obsolete rule from
the Code of Federal Regulations). For the purposes of Executive Order
13771, this proposed rule is not a substantive rule; rather it is
administrative in nature and provides no cost savings.
[[Page 32117]]
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 HHS ACL Administrator to initiate this
rulemaking to remove the unnecessary regulation 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, especially since it would only
affect one small stakeholder in Hawaii (the sole grantee). 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.
List of Subjects in 45 CFR Part 1323
Administrative practice and procedure, Aged, Colleges and
universities, Grant programs--Education, Grant programs--Indians, Grant
programs--social programs, Indians, Individuals with disabilities,
Legal services, Long term care, Nutrition, Research, Reporting and
recordkeeping requirements.
PART 1323--[REMOVED]
0
For the reasons stated in the preamble, and under the authority of 5
U.S.C. 501, the Administration for Community Living, Department of
Health and Human Services proposes to remove 45 CFR part 1323.
Lance Robertson,
Administrator and Assistant Secretary for Aging, Administration for
Community Living.
Alex M. Azar II,
Secretary, Department of Health and Human Services.
[FR Doc. 2019-13849 Filed 7-3-19; 8:45 am]
BILLING CODE 4154-01-P
