Removal of Obsolete Provisions, 34838-34839 [2015-14424]

Download as PDF 34838 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations Dated: June 4, 2015. Oliver Potts, Deputy Executive Secretary, U.S. Department of Health and Human Services. List of Subjects in 42 CFR Part 8 Health professions, LevoAlphaAcetyl-Methadol (LAAM), Methadone, Reporting and recordkeeping requirements. [FR Doc. 2015–14421 Filed 6–17–15; 8:45 am] BILLING CODE P PART 8—CERTIFICATION OF OPIOID TREATMENT PROGRAMS 1. The authority citation for part 8 continues to read as follows: ■ 45 CFR Part 1 Authority: 21 U.S.C. 823; 42 U.S.C. 290bb– 2a, 290aa(d), 290dd–2, 300x–23, 300x–27(a), 300y–11. 2. In § 8.12, paragraph (i)(3) is revised to read as follows: ■ § 8.12 Federal opioid treatment standards. tkelley on DSK3SPTVN1PROD with RULES * * * * * (i) * * * (3) Such determinations and the basis for such determinations consistent with the criteria outlined in paragraph (i)(2) of this section shall be documented in the patient’s medical record. If it is determined that a patient is responsible in handling opioid drugs, the dispensing restrictions set forth in paragraphs (i)(3)(i) through (vi) of this section apply. The dispensing restrictions set forth in paragraphs (i)(3)(i) through (vi) of this section do not apply to buprenorphine and buprenorphine products listed under paragraph (h)(2)(iii) of this section. (i) During the first 90 days of treatment, the take-home supply (beyond that of paragraph (i)(1) of this section) is limited to a single dose each week and the patient shall ingest all other doses under appropriate supervision as provided for under the regulations in this subpart. (ii) In the second 90 days of treatment, the take-home supply (beyond that of paragraph (i)(1) of this section) are two doses per week. (iii) In the third 90 days of treatment, the take-home supply (beyond that of paragraph (i)(1) of this section) are three doses per week. (iv) In the remaining months of the first year, a patient may be given a maximum 6-day supply of take-home medication. (v) After 1 year of continuous treatment, a patient may be given a maximum 2-week supply of take-home medication. (vi) After 2 years of continuous treatment, a patient may be given a maximum one-month supply of takehome medication, but must make monthly visits. * * * * * VerDate Sep<11>2014 12:50 Jun 17, 2015 Jkt 235001 DEPARTMENT OF HEALTH AND HUMAN SERVICES Removal of Obsolete Provisions Office of the Secretary, HHS. Direct final rule. AGENCY: ACTION: Much of the information set out in certain regulations regarding HHS’s programs and activities is obsolete. Also, electronic resources are now available that did not exist when this part was first codified. This rule removes these obsolete regulations. DATES: This action is effective August 17, 2015 without further action, unless adverse comment is received by July 20, 2015 If adverse comment is received, HHS will publish a timely cancellation of the action in the Federal Register. ADDRESSES: Interested persons are invited to submit comments concerning this action. You may submit electronic comments to https://www.regulations. gov. Follow the ‘‘Submit a comment’’ instructions. Or, you may mail paper comments as follows: Madhura Valverde, Suite 639G, 200 Independence Avenue SW., Washington, DC 20201. (Please allow sufficient time for mailed comments to be received before the close of the comment period). If you wish to deliver paper comments in person or by courier, please call (202) 690–6827 or (202) 205– 9165, to schedule the delivery with one of our staff members. FOR FURTHER INFORMATION CONTACT: Madhura Valverde, Executive Secretary, U.S. Department of Health and Human Services, Washington, DC 20201 (madhura.valverde@hhs.gov). SUPPLEMENTARY INFORMATION: The provisions of 45 CFR part 1, specifying the CFR locations of regulations for HHS’s programs and activities, and regarding the subject matter of the Office of the Secretary regulations, have not been updated since 1987. These regulations have become obsolete and inaccurate. At the time they were added to the CFR, it was felt that this material would prove helpful to the public. However, the growth of electronic accessibility to regulations through such governmental sources as: —Office of the Federal Register’s (OFR) List of CFR Subjects SUMMARY: PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 (www.archives.gov/federalrgeister/ cfr/subjects.htm); —OFR’s Electronic Code of Federal Regulations (www.ecfr.gov); —OFR’s annual CFR Æ (www.gpo.gov/fdsys/browse/ collectionCfr.action?collection Code=CFR); —HHS’s Web site (www.hhs.gov/ regulations); as well as numerous commercial web browsers, have greatly improved the public’s access to, and ability to search our regulations. Because of this increased accessibility, and in response to Executive Order 13563, Sec. 6, which urges agencies to ‘‘repeal’’ existing regulations that are ‘‘outmoded’’, HHS is removing 45 CFR part 1. Notice and comment are not required for this rule, because it affects agency organization, procedure, or practice under 5 U.S.C. 553(b)(A). Furthermore, HHS believes that there is good cause hereby to bypass notice and comment, and to proceed to a direct final rule, pursuant to 5 U.S.C. 553 (b)(B). The action is non-controversial, merely removing information from the CFR that is obsolete and inaccurate, and whose current locations are otherwise readily available. This rule posed no new substantive requirements on the public. Accordingly, HHS believes this direct final rule will not elicit any significant adverse comments, but if such comments are received HHS will publish a timely notice of withdrawal in the Federal Register. Executive Order 12866 This action does not meet the criteria for a significant regulatory action as set out under Executive Order 12866, and review by the Office of Management and Budget has accordingly not been required. Regulatory Flexibility Act This action will not have a significant economic impact on a substantial number of small entities. Therefore, the regulatory flexibility analysis provided for under the Regulatory Flexibility Act is not required. Paperwork Reduction Act This action does not impose any information collection requirements under the Paperwork Reduction Act. List of Subjects in 45 CFR Part 1 Code of Federal Regulations, Organization and functions (Government agencies). For reasons set out in the preamble, and under the authority at 5 U.S.C. 301, HHS amends 45 CFR subchapter A by removing part 1. E:\FR\FM\18JNR1.SGM 18JNR1 Federal Register / Vol. 80, No. 117 / Thursday, June 18, 2015 / Rules and Regulations 49 CFR Parts 385 CFR 385.4 and referenced at 49 CFR 385.415(b)(1). The rules currently reference the April 1, 2014, edition of ‘‘North American Standard Out-ofService Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.’’ In this final rule, FMCSA incorporates the April 1, 2015, edition. The revision does not impose new requirements or substantively amend the Code of Federal Regulations. [Docket No. FMCSA–FMCSA–2015–0075] II. Legal Basis for the Rulemaking RIN 2126–AB78 Congress has enacted several statutory provisions to improve the safety of hazardous materials transported in interstate commerce. Specifically, in provisions codified at 49 U.S.C. 5105(e), relating to inspections of motor vehicles carrying hazardous material, and 49 U.S.C. 5109, relating to motor carrier safety permits, it has required the Secretary of the Department of Transportation to promulgate regulations as part of a comprehensive safety program on hazardous material safety permits. The FMCSA Administrator has been delegated authority under 49 CFR 1.87 to carry out the rulemaking functions vested in the Secretary of Transportation. Consistent with that authority, FMCSA has promulgated regulations to address the congressional mandate. Such regulations on hazardous materials are the underlying provisions that have utilized the material incorporated by reference discussed in this notice. The Administrative Procedure Act (APA) (5 U.S.C. 553) specifically provides that adherence to its notice and public comment rulemaking procedures are not required where the Agency finds there is good cause to dispense with such procedures (and incorporates the finding and a brief statement of reasons to support the finding in the rules issued). Generally, good cause exists where the Agency determines that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest (5 U.S.C. 553 (b)(3)(B)). This document updates an incorporation by reference found at 49 CFR 385.4 and referenced at 49 CFR 385.415(b)(1). The revision does not impose new requirements or substantively change the Code of Federal Regulations. For these reasons, the FMCSA finds good cause that notice and public comment procedures are unnecessary. PART 1—[REMOVED AND RESERVED] Dated: June 5, 2015. Sylvia M. Burwell, Secretary. [FR Doc. 2015–14424 Filed 6–17–15; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety Permits Federal Motor Carrier Safety Administration (FMCSA), DOT. ACTION: Final rule. AGENCY: FMCSA amends its Hazardous Materials Safety Permits rules to update the current incorporation by reference of the ‘‘North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.’’ Currently the rules reference the April 1, 2014, edition of the out-of-service criteria and, through this final rule, FMCSA incorporates the April 1, 2015, edition. DATES: Effective June 18, 2015. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 as of June 18, 2015. FOR FURTHER INFORMATION CONTACT: Mr. Michael Huntley, Federal Motor Carrier Safety Administration, Office of Policy, 1200 New Jersey Avenue SE., Washington, DC 20590–0001, by telephone at (202) 366–9209 or via email michael.huntley@dot.gov. Office hours are from 8 a.m. to 4:30 p.m., Monday through Friday, except Federal holidays. If you have questions on viewing the docket, contact Docket Operations, telephone 202–366–9826. SUPPLEMENTARY INFORMATION: tkelley on DSK3SPTVN1PROD with RULES SUMMARY: I. Executive Summary This rulemaking updates an incorporation by reference found at 49 VerDate Sep<11>2014 12:50 Jun 17, 2015 Jkt 235001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 34839 III. Background Currently, 49 CFR 385.415 prescribes operational requirements for motor carriers transporting hazardous materials for which a hazardous materials safety permit is required. Section 385.415(b)(1) requires that motor carriers must ensure a pre-trip inspection be performed on each motor vehicle to be used to transport a highway route controlled quantity of a Class 7 (radioactive) material, in accordance with the requirements of the ‘‘North American Standard Out-ofService Criteria and Level VI Inspection Procedures and Out-of-Service Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.’’ With regard to the specific edition of the out-of-service criteria, 49 CFR 385.4, as amended on May 15, 2014 (79 FR 27766), references the April 1, 2014, edition. Specifically, this final rule amends § 385.4 (b) by replacing the reference to the April 1, 2014, edition date with the new edition date of April 1, 2015. FMCSA reviewed the April 1, 2015, edition and determined there are no substantive changes that would result in motor carriers being subjected to a new or amended standard. The changes are highlighted below for reference. It is necessary to update the reference to ensure that motor carriers and enforcement officials have convenient access to the correctly identified inspection criteria that are referenced in the rules. There are eight changes made in the 2015 edition. Additional conforming changes have been made to the table of contents, but those are not included in this summary. (All references are to the April 1, 2015 North American Standard Out-of-Service Criteria and Level VI Inspection Procedures and Out-ofService Criteria for Commercial Highway Vehicles Transporting Transuranics and Highway Route Controlled Quantities of Radioactive Materials as defined in 49 CFR part 173.403.) The first change is to create consistency in the language used between commercial driver’s license (CDL) and non-CDL drivers, when being taken out of service. (Part I, item 2.a.(1)) It does not change the criteria used to take drivers out of service, therefore this is not a substantive change. The second change is to align the standard with FMCSA’s regulation governing operation of a vehicle while fatigued, found at 49 CFR 392.3. (Part I, Item 6.) Again, this change does not alter the criteria an inspector would use to take E:\FR\FM\18JNR1.SGM 18JNR1

Agencies

[Federal Register Volume 80, Number 117 (Thursday, June 18, 2015)]
[Rules and Regulations]
[Pages 34838-34839]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14424]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

45 CFR Part 1


Removal of Obsolete Provisions

AGENCY: Office of the Secretary, HHS.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: Much of the information set out in certain regulations 
regarding HHS's programs and activities is obsolete. Also, electronic 
resources are now available that did not exist when this part was first 
codified. This rule removes these obsolete regulations.

DATES: This action is effective August 17, 2015 without further action, 
unless adverse comment is received by July 20, 2015 If adverse comment 
is received, HHS will publish a timely cancellation of the action in 
the Federal Register.

ADDRESSES: Interested persons are invited to submit comments concerning 
this action. You may submit electronic comments to https://www.regulations.gov. Follow the ``Submit a comment'' instructions. Or, 
you may mail paper comments as follows: Madhura Valverde, Suite 639G, 
200 Independence Avenue SW., Washington, DC 20201. (Please allow 
sufficient time for mailed comments to be received before the close of 
the comment period). If you wish to deliver paper comments in person or 
by courier, please call (202) 690-6827 or (202) 205-9165, to schedule 
the delivery with one of our staff members.

FOR FURTHER INFORMATION CONTACT: Madhura Valverde, Executive Secretary, 
U.S. Department of Health and Human Services, Washington, DC 20201 
(madhura.valverde@hhs.gov).

SUPPLEMENTARY INFORMATION: The provisions of 45 CFR part 1, specifying 
the CFR locations of regulations for HHS's programs and activities, and 
regarding the subject matter of the Office of the Secretary 
regulations, have not been updated since 1987. These regulations have 
become obsolete and inaccurate. At the time they were added to the CFR, 
it was felt that this material would prove helpful to the public. 
However, the growth of electronic accessibility to regulations through 
such governmental sources as:
--Office of the Federal Register's (OFR) List of CFR Subjects 
(www.archives.gov/federalrgeister/cfr/subjects.htm);
--OFR's Electronic Code of Federal Regulations (www.ecfr.gov);
--OFR's annual CFR
    [cir] (www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR);
--HHS's Web site (www.hhs.gov/regulations);
as well as numerous commercial web browsers, have greatly improved the 
public's access to, and ability to search our regulations. Because of 
this increased accessibility, and in response to Executive Order 13563, 
Sec. 6, which urges agencies to ``repeal'' existing regulations that 
are ``outmoded'', HHS is removing 45 CFR part 1.
    Notice and comment are not required for this rule, because it 
affects agency organization, procedure, or practice under 5 U.S.C. 
553(b)(A). Furthermore, HHS believes that there is good cause hereby to 
bypass notice and comment, and to proceed to a direct final rule, 
pursuant to 5 U.S.C. 553 (b)(B). The action is non-controversial, 
merely removing information from the CFR that is obsolete and 
inaccurate, and whose current locations are otherwise readily 
available. This rule posed no new substantive requirements on the 
public. Accordingly, HHS believes this direct final rule will not 
elicit any significant adverse comments, but if such comments are 
received HHS will publish a timely notice of withdrawal in the Federal 
Register.

Executive Order 12866

    This action does not meet the criteria for a significant regulatory 
action as set out under Executive Order 12866, and review by the Office 
of Management and Budget has accordingly not been required.

Regulatory Flexibility Act

    This action will not have a significant economic impact on a 
substantial number of small entities. Therefore, the regulatory 
flexibility analysis provided for under the Regulatory Flexibility Act 
is not required.

Paperwork Reduction Act

    This action does not impose any information collection requirements 
under the Paperwork Reduction Act.

List of Subjects in 45 CFR Part 1

    Code of Federal Regulations, Organization and functions (Government 
agencies).

    For reasons set out in the preamble, and under the authority at 5 
U.S.C. 301, HHS amends 45 CFR subchapter A by removing part 1.

[[Page 34839]]

PART 1--[REMOVED AND RESERVED]

    Dated: June 5, 2015.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2015-14424 Filed 6-17-15; 8:45 am]
BILLING CODE P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.