Simplification of the Grant Appeals Process, 76174-76175 [05-24442]
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76174
Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Rules and Regulations
TABLE 1.—WASTES EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility
*
Address
*
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Health Resources and Services
Administration
42 CFR Part 50
RIN 0906–AA69
Simplification of the Grant Appeals
Process
Health Resources and Services
Administration, HHS.
ACTION: Final rule.
erjones on PROD1PC68 with RULES
AGENCY:
SUMMARY: The Department of Health and
Human Services (HHS) is amending
regulations to remove the Health
Resources and Services Administration
(HRSA) from the list of agencies which
require grantees to utilize an informal
appeals procedure for grant related
disputes subject to the departmental
appeal procedures. In doing so, HRSA
will simplify the appeals procedure for
aggrieved HRSA grantees by permitting
them direct access to the Departmental
Grant Appeals Board.
15:34 Dec 22, 2005
(A) If, at any time after disposal of the delisted waste, Saturn possesses or is otherwise made aware of any data (including but not limited to leachate data or groundwater monitoring data) relevant to the delisted WWTP sludge at Saturn indicating
that any constituent is at a level in the leachate higher than the specified delisting
level or TCLP regulatory level, then Saturn must report the data, in writing, to the
Regional Administrator within ten (10) days of first possessing or being made
aware of that data.
(B) Based upon the information described in Paragraph (A) and any other information
received from any source, the EPA Regional Administrator will make a preliminary
determination as to whether the reported information requires EPA action to protect
human health or the environment. Further action may include suspending, or revoking the exclusion, or other appropriate response necessary to protect human health
and the environment.
(C) If the Regional Administrator determines that the reported information does require EPA action, the Regional Administrator will notify Saturn in writing of the actions the Regional Administrator believes are necessary to protect human health
and the environment. The notification shall include a statement of the proposed action and a statement providing Saturn with an opportunity to present information as
to why the proposed EPA action is not necessary. Saturn shall have ten (10) days
from the date of the Regional Administrator’s notice to present the information.
(D) Following the receipt of information from Saturn, or if Saturn presents no further
information after 10 days, the Regional Administrator will issue a final written determination describing the EPA actions that are necessary to protect human health or
the environment. Any required action described in the Regional Administrator’s determination shall become effective immediately, unless the Regional Administrator
provides otherwise.
8. Notification Requirements: Before transporting the delisted waste, Saturn must provide a one-time written notification to any State Regulatory Agency to which or
through which it will transport the delisted WWTP sludge for disposal. The notification will be updated if Saturn transports the delisted WWTP sludge to a different
disposal facility. Failure to provide this notification will result in a violation of the
delisting variance and a possible revocation of the decision.
*
*
*
*
*
[FR Doc. 05–24367 Filed 12–22–05; 8:45 am]
VerDate Aug<31>2005
Waste description
Jkt 208001
This final rule is effective 30
days after December 23, 2005.
FOR FURTHER INFORMATION CONTACT: Gail
Lipton, Director, Division of Grants
Policy, HRSA, Room 11A–55, Parklawn
Bldg., 5600 Fishers Lane, Rockville, MD
20857.
SUPPLEMENTARY INFORMATION: When
HHS first established its Departmental
Grant Appeals Board (now the
Departmental Appeals Board), there was
no provision for the Department’s
subordinate agencies to first review the
disputed actions of officials prior to
appeal at the Departmental level.
However, it quickly became apparent
that a number of disputes could, and
would, be resolved quickly by informal
means if the grantees’ complaints were
surfaced to management levels within
the HHS subordinate agencies. As a
result, the regulations at 45 CFR part 16
were revised to permit subordinate
agencies to interpose an ‘‘informal’’
level of appeal prior to submission of an
appeal to the Departmental Appeals
Board. Various agencies in the Public
Health Service (which has since been
reorganized) instituted an intermediate
informal review process as is currently
described in 42 CFR part 50, subpart D.
The intermediate level of appeal
DATES:
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
provided these agencies with an
opportunity to relatively quickly and
economically reverse erroneous Federal
decisions, or to reassure grantees that a
decision adverse to them was indeed an
‘‘agency’’ decision. At the time these
regulations were instituted, this
informal process was of significant
benefit to both grantees and the
subordinate agencies. Based on the
lessons learned from this process and
other means, HRSA instituted a policy
of reviewing carefully the adverse
determinations of their employees prior
to permitting them to be issued so as to
avoid erroneous determinations which
would be subject to reversal upon
appeal at the informal level. HRSA
believes that it has reached the point
where the adverse determinations being
issued in recent years generally
represent its best judgment.
HHS therefore believes that, for these
agencies and their grantees, this
informal process is no longer of benefit,
and the cost in time and expense to the
grantee is no longer warranted.
Consequently, HHS proposed amending
42 CFR part 50, subpart D, to remove
HRSA from the list of agencies to which
the regulations apply. As a result, under
this proposal, grantees wishing to
E:\FR\FM\23DER1.SGM
23DER1
Federal Register / Vol. 70, No. 246 / Friday, December 23, 2005 / Rules and Regulations
appeal HRSA’s eligible adverse
determinations would be entitled to
appeal such determinations directly to
the Departmental Appeals Board.
We announced our plans to amend
the current regulations in a notice of
proposed rulemaking (NPRM) published
in the Federal Register, June 7, 2005 (70
FR 33053–33054). The NPRM provide
for a sixty-day comment period. We
received no comments. Consequently,
the final rule is the same as the
proposed rule published in June of this
year.
We provide the following information
for the public.
Executive Order 13175
Executive Order 12866
List of Subjects in 42 CFR Part 50
Executive Order (EO) 12866 directs
agencies to assess all costs and benefits
of available regulatory alternatives and,
when rulemaking is necessary, to select
regulatory approaches that provide the
greatest net benefits. We have
determined that the rule is not a
significant regulatory action under
Section 3(f) of the EO and does not
require an assessment of the potential
costs and benefits under section 6(a)(3)
of that EO. Under the EO, the Office of
Management and Budget (OMB) has
exempted it from review.
The Regulatory Flexibility Act (5
U.S.C. Chapter 6) requires that
regulatory actions be analyzed to
determine whether they will have a
significant impact on a substantial
number of small entities. We have
determined that this is not a ‘‘major’’
rule under this Act and therefore does
not require a regulatory flexibility
analysis.
Administrative practice and
procedure, Grant programs—health,
Health care.
Dated: October 11, 2005.
Elizabeth M. Duke,
Administrator, Health Resources and Services
Administration.
Approved: December 14, 2005.
Michael O. Leavitt,
Secretary of Health and Human Services.
[CMS–1286–CN2]
Medicare Program; Hospice Wage
Index for Fiscal Year 2006
Centers for Medicare &
Medicaid Services (CMS), HHS.
AGENCY:
ACTION:
Final rule, correction.
SUMMARY: This document corrects
technical errors that appeared in the
final rule published in the Federal
Register on August 4, 2005, entitled
‘‘Hospice Wage Index for Fiscal Year
2006.’’
EFFECTIVE DATE: This notice is effective
on October 1, 2005.
FOR FURTHER INFORMATION CONTACT:
Terri Deutsch, (410) 786–9462.
Accordingly, HRSA amends 42 CFR
part 50 as follows:
SUPPLEMENTARY INFORMATION:
On August 4, 2005, we published a
final rule entitled, ‘‘Hospice Wage Index
for Fiscal Year 2006 (Federal Register
Doc. 05–15290, 70 FR 45130). On
September 30, 2005, we published a
correction notice (Federal Register Doc.
05–19609, 70 FR 57174) to correct a
number of technical errors that had
appeared in the final rule. Based on
further review of the August 2005 final
rule, we are correcting additional
typographical and formatting errors that
appeared in Table A and C of the
addendum. Specifically, in Table A of
the addendum, we are correcting the
asterisk that corresponds to the
footnotes that appear at the end of the
table, as appropriate. We are correcting
the wage index values for CBSA codes
where the numerical numbers contained
typographical errors or where numbers
were transposed. In addition, in Table C
of the addendum, we are correcting the
wage index value figures for the CBSA
code 24780, Pitt County, NC, and the
CBSA code for 32820, Crittenden
County, TN.
This correction notice is consistent
with the published hospice wage index
values used to make payment as of
October 1, 2005. In section II below, we
provide a description of the errors and
the changes being made to correct the
errors.
I
1. The authority citation for part 50,
subpart D, continues to read as follows:
I
Authority: Sec. 215, Public Health Service
Act, 58 Stat. 690 (42 U.S.C. 216); 45 CFR 16.3
(c).
2. Section 50.402 is revised to read as
follows:
The Unfunded Mandates Reform Act
requires that agencies prepare an
assessment of anticipated costs and
benefits before developing any rule that
may result in an expenditure by States,
local or tribal governments, or by the
private sector of $100 million or more
in any given year. This rule does not
have cost implications for the economy
of $100 million or more, nor otherwise
meet the criteria for a major rule under
Executive Order 12291, and therefore
does not require a regulation impact
analysis.
Executive Order 13132
erjones on PROD1PC68 with RULES
42 CFR Part 418
RIN 0938–AN89
There are no new paperwork
requirements subject to the Office of
Management and Budget approval
under the Paperwork Reduction Act of
1995.
I
§ 50.402 To what program do these
regulations apply?
This subpart applies to all grant and
cooperative agreement programs, except
block grants, which are administered by
the National Institutes of Health; The
Centers for Disease Control and
Prevention; the Agency for Toxic
Substances and Disease Registry; the
Food and Drug Administration; and the
Office of Public Health and Science. For
purposes of this subpart, these entities
are hereinafter referred to as ‘‘agencies.’’
[FR Doc. 05–24442 Filed 12–22–05; 8:45 am]
Executive Order 13132 requires that
Federal agencies consult with State and
local government officials in the
development of regulatory policies with
federalism implications. We received no
comments.
Jkt 208001
Centers for Medicare & Medicaid
Services
Paperwork Reduction Act
Subpart D—Public Health Service
Grant Appeals Procedure
Unfunded Mandates
15:34 Dec 22, 2005
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PART 50—[AMENDED]
Regulatory Flexibility
VerDate Aug<31>2005
Executive Order 13175 requires the
Department to develop an accountable
process to ensure Ameaningful and
timely input by tribal officials in the
development of regulatory policies that
have tribal implications.’’ We received
no comments.
76175
BILLING CODE 4165–15–P
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
I. Background
E:\FR\FM\23DER1.SGM
23DER1
]]>Agencies
[Federal Register Volume 70, Number 246 (Friday, December 23, 2005)]
[Rules and Regulations]
[Pages 76174-76175]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24442]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
42 CFR Part 50
RIN 0906-AA69
Simplification of the Grant Appeals Process
AGENCY: Health Resources and Services Administration, HHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services (HHS) is amending
regulations to remove the Health Resources and Services Administration
(HRSA) from the list of agencies which require grantees to utilize an
informal appeals procedure for grant related disputes subject to the
departmental appeal procedures. In doing so, HRSA will simplify the
appeals procedure for aggrieved HRSA grantees by permitting them direct
access to the Departmental Grant Appeals Board.
DATES: This final rule is effective 30 days after December 23, 2005.
FOR FURTHER INFORMATION CONTACT: Gail Lipton, Director, Division of
Grants Policy, HRSA, Room 11A-55, Parklawn Bldg., 5600 Fishers Lane,
Rockville, MD 20857.
SUPPLEMENTARY INFORMATION: When HHS first established its Departmental
Grant Appeals Board (now the Departmental Appeals Board), there was no
provision for the Department's subordinate agencies to first review the
disputed actions of officials prior to appeal at the Departmental
level. However, it quickly became apparent that a number of disputes
could, and would, be resolved quickly by informal means if the
grantees' complaints were surfaced to management levels within the HHS
subordinate agencies. As a result, the regulations at 45 CFR part 16
were revised to permit subordinate agencies to interpose an
``informal'' level of appeal prior to submission of an appeal to the
Departmental Appeals Board. Various agencies in the Public Health
Service (which has since been reorganized) instituted an intermediate
informal review process as is currently described in 42 CFR part 50,
subpart D. The intermediate level of appeal provided these agencies
with an opportunity to relatively quickly and economically reverse
erroneous Federal decisions, or to reassure grantees that a decision
adverse to them was indeed an ``agency'' decision. At the time these
regulations were instituted, this informal process was of significant
benefit to both grantees and the subordinate agencies. Based on the
lessons learned from this process and other means, HRSA instituted a
policy of reviewing carefully the adverse determinations of their
employees prior to permitting them to be issued so as to avoid
erroneous determinations which would be subject to reversal upon appeal
at the informal level. HRSA believes that it has reached the point
where the adverse determinations being issued in recent years generally
represent its best judgment.
HHS therefore believes that, for these agencies and their grantees,
this informal process is no longer of benefit, and the cost in time and
expense to the grantee is no longer warranted. Consequently, HHS
proposed amending 42 CFR part 50, subpart D, to remove HRSA from the
list of agencies to which the regulations apply. As a result, under
this proposal, grantees wishing to
[[Page 76175]]
appeal HRSA's eligible adverse determinations would be entitled to
appeal such determinations directly to the Departmental Appeals Board.
We announced our plans to amend the current regulations in a notice
of proposed rulemaking (NPRM) published in the Federal Register, June
7, 2005 (70 FR 33053-33054). The NPRM provide for a sixty-day comment
period. We received no comments. Consequently, the final rule is the
same as the proposed rule published in June of this year.
We provide the following information for the public.
Executive Order 12866
Executive Order (EO) 12866 directs agencies to assess all costs and
benefits of available regulatory alternatives and, when rulemaking is
necessary, to select regulatory approaches that provide the greatest
net benefits. We have determined that the rule is not a significant
regulatory action under Section 3(f) of the EO and does not require an
assessment of the potential costs and benefits under section 6(a)(3) of
that EO. Under the EO, the Office of Management and Budget (OMB) has
exempted it from review.
Regulatory Flexibility
The Regulatory Flexibility Act (5 U.S.C. Chapter 6) requires that
regulatory actions be analyzed to determine whether they will have a
significant impact on a substantial number of small entities. We have
determined that this is not a ``major'' rule under this Act and
therefore does not require a regulatory flexibility analysis.
Unfunded Mandates
The Unfunded Mandates Reform Act requires that agencies prepare an
assessment of anticipated costs and benefits before developing any rule
that may result in an expenditure by States, local or tribal
governments, or by the private sector of $100 million or more in any
given year. This rule does not have cost implications for the economy
of $100 million or more, nor otherwise meet the criteria for a major
rule under Executive Order 12291, and therefore does not require a
regulation impact analysis.
Executive Order 13132
Executive Order 13132 requires that Federal agencies consult with
State and local government officials in the development of regulatory
policies with federalism implications. We received no comments.
Executive Order 13175
Executive Order 13175 requires the Department to develop an
accountable process to ensure Ameaningful and timely input by tribal
officials in the development of regulatory policies that have tribal
implications.'' We received no comments.
Paperwork Reduction Act
There are no new paperwork requirements subject to the Office of
Management and Budget approval under the Paperwork Reduction Act of
1995.
List of Subjects in 42 CFR Part 50
Administrative practice and procedure, Grant programs--health,
Health care.
Dated: October 11, 2005.
Elizabeth M. Duke,
Administrator, Health Resources and Services Administration.
Approved: December 14, 2005.
Michael O. Leavitt,
Secretary of Health and Human Services.
0
Accordingly, HRSA amends 42 CFR part 50 as follows:
PART 50--[AMENDED]
Subpart D--Public Health Service Grant Appeals Procedure
0
1. The authority citation for part 50, subpart D, continues to read as
follows:
Authority: Sec. 215, Public Health Service Act, 58 Stat. 690 (42
U.S.C. 216); 45 CFR 16.3 (c).
0
2. Section 50.402 is revised to read as follows:
Sec. 50.402 To what program do these regulations apply?
This subpart applies to all grant and cooperative agreement
programs, except block grants, which are administered by the National
Institutes of Health; The Centers for Disease Control and Prevention;
the Agency for Toxic Substances and Disease Registry; the Food and Drug
Administration; and the Office of Public Health and Science. For
purposes of this subpart, these entities are hereinafter referred to as
``agencies.''
[FR Doc. 05-24442 Filed 12-22-05; 8:45 am]
BILLING CODE 4165-15-P
