Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51373

Weight not over (pounds)

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14.0 .................................... .852 1.302 1.582 2.086 2.828 3.626 4.578 5.390

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b. Carrier Route Bulk Bound Printed Matter:

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Zone

Local 1 & 2 3 4 5 6 7 8

11.0 .................................... $0.720 $1.110 $1.330 $1.726 $2.309 $2.936 $3.684 $4.322

12.0 .................................... .743 1.153 1.393 1.825 2.461 3.145 3.961 4.657

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15.0 .................................... .812 1.282 1.582 2.122 2.917 3.772 4.792 5.662

* * * * *

An appropriate amendment to 39 CFR

111.3 will be published to reflect these

changes.

Stanley F. Mires,

Chief Counsel, Legislative.

[FR Doc. 97–26031 Filed 9–30–97; 8:45 am]

BILLING CODE 7710–12–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Health Resources and Services

Administration

42 CFR Part 57

RIN 0906–AA47

Grants for Residency Training and

Advanced Education in the General

Practice of Dentistry

AGENCY: Health Resources and Services

Administration, HHS.

ACTION: Final rule.

SUMMARY: This technical amendment

revises the regulations governing the

program for Grants for Residency

Training and Advanced Education in

the General Practice of Dentistry,

authorized by section 749 of the Public

Health Service Act (the Act), to modify

the application and review criteria to be

consistent with current Agency

streamlining efforts.

DATES: These regulations are effective

October 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Bernice Parlak, Acting Director,

Division of Associated, Dental, and

Public Health Professions, Bureau of

Health Professions, Health Resources

and Services Administration, 5600

Fishers Lane, Room 8–101, Rockville,

Maryland 20857; telephone: (301) 443–

6853.

SUPPLEMENTARY INFORMATION: This final

rule amends the existing regulations for

Grants for Residency Training and

Advanced Education in the General

Practice of Dentistry, governed by

section 749 of the Public Health Service

(PHS) Act (42 U.S.C. 293m) to remove

redundant application and project

requirements, and to revise the

evaluation criteria to eliminate

duplication and bring the language into

compliance with current grants policy.

Specific changes are discussed below

according to the section numbers and

headings of the regulations affected.

Section 57.1104 How must an entity

apply for a grant?

Section 57.1104 is revised to remove

the phrase ‘‘in particular the

requirements of § 57.1105’’ because this

language is unnecessary and redundant.

Section 57.1105 What requirements

must a project meet?

The project requirements listed in

paragraphs (a), (c), (d), and (f) of this

section are being removed because they

are redundant to the accreditation

standards published by the American

Dental Association Commission on

Dental Accreditation. Compliance with

these accreditation standards is an

eligibility requirement of the grant

program, as described in § 57.1103. The

paragraphs (a), (c), (d) and (f) in

§ 57.1105 that are being removed are as

follows:

(a) The project staff must plan,

develop, and/or operate an approved

residency or advanced educational

program in the general practice of

dentistry.

(c) If the training site provides

medical care, then the medical and

dental care of patients must be

coordinated.

(d) If a primary care medical

residency program is conducted by the

applicant, then joint training

experiences must be provided. For

purposes of this paragraph, primary care

means internal medicine, family

medicine, or pediatrics.

(f) The training program, the

performance of each participant, and the

quality of patient care must be

evaluated.

Section 57.1106 What are the criteria

for deciding which applications are to

be funded?

The heading of the section is being

revised to read, ‘‘How will applications

be evaluated?’’

Further, the evaluation criteria are

being revised to reflect current Agency

initiatives to streamline and standardize

the review of health professions

education grant applications. The

revision shifts the language of the

criteria from passive to active voice, and

reflects increased attention to

measurable performance goals and

outcomes. The introductory text of the

section will be designated as paragraph

(a). The following paragraphs (1)

through (8) list the revised evaluation

criteria:

(1) The proposal addresses the legislative

intent of the program and has a welldocumented rationale;

(2) The objectives of the proposed project

are consistent with the program’s rationale,

and are measurable and achievable within

the project period;

(3) The proposed project’s methodology is

consistent with the objectives and explained

in appropriate detail;

(4) The evaluation is linked to the

objectives and addresses the project

outcomes;
51374 Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations

(5) The applicant demonstrates the

administrative and managerial capability to

carry out the proposed project;

(6) The proposed budget is complete,

appropriate, cost-effective, and clearly

justified;

(7) The plan for institutionalizing the

project outcomes is specific and realistic; and

(8) The proposal plans to attract, maintain,

and graduate minority and disadvantaged

students.

A new paragraph (b) is added to

indicate the following:

(b) In determining the funding of

applications approved, under paragraph

(a) of this section, the Secretary will

consider any special factors relating to

national needs as the Secretary may

from time to time announce in the

Federal Register.

Justification for Omitting Notice of

Proposed Rulemaking

These technical changes do not

change the focus or intent of the grant

program; they are ‘‘housekeeping

measures’’ which are intended to update

the existing regulations to be consistent

with current grants policy. Further, in

the last two years, the Agency has had

numerous concerns about the

duplication of the evaluation criteria as

well as the project requirements from

peer reviewers evaluating the grant

applications and from the grantees for

compliance in meeting project

requirements. These amendments

address the concerns raised by our

customers.

Since these amendments are of a

technical nature, the Secretary has

determined, pursuant to 5 U.S.C. 553

and departmental policy, that it is

unnecessary and impractical to follow

proposed rulemaking procedures or to

delay the effective date of these

regulations.

Economic Impact

Executive Order 12866 requires all

regulations reflect consideration of

alternatives, of costs, of benefits, of

incentives, of equity, and of available

information. Regulations must meet

certain standards, such as avoiding

unnecessary burden. Regulations which

are ‘‘significant’’ because of costs,

adverse effects on the economy,

inconsistency with other agency actions,

effects on the budget, or novel legal or

policy issues, require special analysis.

The Department believes the

resources required to implement the

requirements in this final rule are

minimal. Therefore, in accordance with

the Regulatory Flexibility Act of 1980

(RFA), and the Small Business

Regulatory Enforcement Fairness Act of

1996 which amended the RFA, the

Secretary certifies these regulations will

not have a significant impact on a

substantial number of small entities. For

the same reasons, the Secretary also has

determined this is not a ‘‘significant’’

rule under Executive Order 12866.

Academic and Community Partnerships

As part of its long-range planning, the

Health Resources and Services

Administration will be targeting its

efforts to strengthening linkages

between U.S. Public Health Service

education programs and programs

which provide comprehensive primary

care services to the underserved.

Smoke-Free Workplace

The Public Health Service strongly

encourages all grant recipients to

provide a smoke-free workplace and to

promote the non-use of all tobacco

products and Public Law 103–227, the

Pro-Children Act of 1994, prohibits

smoking in certain facilities that receive

Federal funds in which education,

library, day care, health care, and early

childhood development services are

provided to children.

Paperwork Reduction Act of 1995

This final rule does not affect the

recordkeeping or reporting requirements

in the existing regulations for the Grants

for Residency Training and Advanced

Education in the Practice of General

Dentistry Program. The reporting

requirements for data collections under

§ 57.1804 are currently approved by the

Office of Management and Budget

(OMB) under the Paperwork Reduction

Act of 1995 under OMB No. 0915–0060.

List of Subjects Under 42 CFR Part 57

Aged, Dental health, Education of the

disadvantaged, Educational facilities,

Educational study programs, Grant

programs—education, Grant programs—

health, Health facilities, Health

professions, Loan programs—health,

Medical and dental schools, Student

aid, Reporting and recordkeeping

requirements, Scholarships and

fellowships.

(Catalog of Federal Domestic Assistance, No.

93.897, Grants for Residency Training and

Advanced Education in the General Practice

of Dentistry.)

Approved: September 26, 1997.

Claude Earl Fox,

Acting Administrator, Health Resources and

Services Administration.

Accordingly, 42 CFR part 57, subpart

L is amended as set forth below:

PART 57—GRANTS FOR

CONSTRUCTION OF TEACHING

FACILITIES, EDUCATIONAL

IMPROVEMENTS, SCHOLARSHIPS

AND STUDENT LOANS

Subpart L—Grants for Residency

Training and Advanced Education in

the General Practice of Dentistry

1. The authority for 42 CFR part 57,

subpart L continues to read as follows:

Authority: Sec. 215 of the Public Health

Service Act, 58 Stat. 690, as amended by 63

Stat. 35 (42 U.S.C. 216); sec. 786(b) of the

Public Health Service Act, 90 Stat. 2317, as

amended by 99 Stat. 540–541 (42 U.S.C.

295g–6(b)); redesignated as sec. 785 and

amended by 102 Stat. 3130–3131 (42 U.S.C.

295g–5); renumbered as sec. 749, as amended

by Pub. L. 102–408, 106 Stat. 2043–2044 (42

U.S.C. 293m).

§ 57.1104 [Amended]

2. Section 57.1104, is amended by

removing the phrase ‘‘, in particular the

requirements of § 57.1105’’ at the end of

paragraph (c) (1).

3. Section 57.1105 is revised to read

as follows:

§ 57.1105 What requirements must a

project meet?

A project supported under this

subpart must meet the following

requirements:

(a) The general practice residency or

advanced education program in general

dentistry must be accredited by the

American Dental Association

Commission on Dental Accreditation;

(b) Each project must have at least two

participants enrolled in the training

program; and

(c) Each participant who receives

stipend support must sign a statement of

intent to work in the practice of general

dentistry.

4. Section 57.1106 is revised to read

as follows:

§ 57.1106 How will applications be

evaluated?

(a) As required by section 798(a) of

the Act, each application for a grant

under this subpart shall be submitted to

a peer review group, composed

principally of non-Federal experts, for

an evaluation of the merits of the

proposal as contained in the

application. The Secretary may not

approve such an application unless a

peer review group has recommended

the application for approval. The

Secretary will award grants to

applicants whose projects will best

promote the purposes of section 749 of

the Act. The Secretary will approve or

disapprove applications filed in

accordance with § 57.1104, taking into
Federal Register / Vol. 62, No. 190 / Wednesday, October 1, 1997 / Rules and Regulations 51375

consideration, among other factors, the

degree to which: (1) The proposal addresses the

legislative intent of the program and has

a well-documented rationale;

(2) The objectives of the proposed

project are consistent with the

program’s rationale, and are measurable

and achievable within the project

period; (3) The proposed project’s

methodology is consistent with the

objectives and explained in appropriate

detail;

(4) The evaluation is linked to the

objectives and addresses the project

outcomes;

(5) The applicant demonstrates the

administrative and managerial

capability to carry out the proposed

project; (6) The proposed budget is complete,

appropriate, cost-effective, and clearly

justified; (7) The plan for institutionalizing the

project outcomes is specific and

realistic; and

(8) The proposal plans to attract,

maintain, and graduate minority and

disadvantaged students. (b) In determining the funding of

applications approved under paragraph

(a) of this section, the Secretary will

consider any special factors relating to

national needs as the Secretary may

from time to time announce in the

Federal Register.

[FR Doc. 97–26114 Filed 9–29–97; 10:50 am]

BILLING CODE 4160–15–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Part 2090

[WO–350–1430–00–24 1A]

RIN 1004–AC65

Nonmineral Entries on Mineral Lands

AGENCY: Bureau of Land Management,

Interior.

ACTION: Final rule.

SUMMARY: This final rule amends part

2090 of Title 43 of the Code of Federal

Regulations (CFR) to completely remove

subpart 2093 because it is redundant

and unnecessary. Subpart 2093 sets

forth the various statutory authorities

governing nonmineral entries on

mineral lands, and describes BLM

procedures for processing claims and

other actions under those statutes.

EFFECTIVE DATE: October 31, 1997.

ADDRESSES: You may send inquiries or

suggestions to: Director (630), Bureau of

Land Management, 1849 C Street NW.,

Washington, DC. 20240.

FOR FURTHER INFORMATION CONTACT:

Frances Watson, Telephone: (202) 452–

5006 (Commercial or FTS).

SUPPLEMENTARY INFORMATION:

Contents

I. Background and Discussion of Final Rule

II. Procedural Matters

I. Background and Discussion of Final

Rule

The regulations at 43 CFR part 2090,

subpart 2093 repeat language of various

statutes dating back to 1902 that govern

nonmineral entries on mineral lands,

and describe BLM’s procedures for

processing claims and other actions

under those statutes. This subpart is

duplicative and unnecessary, and BLM

has not used it in over 10 years. The

portions of subpart 2093 that contain

internal procedures have become largely

obsolete since nonmineral entries on

mineral lands are extremely rare and are

unlikely to become any more

widespread, given the scarcity of land

on which such entries could be

available in the foreseeable future and

the repeal of the homestead laws.

However, should any applications be

submitted in the future, BLM will

consider each application based on the

guidance provided by applicable

statutes; no formal procedural program

is necessary. Moreover, internal

operating procedures are best suited for

publication in the BLM Manual. For

these reasons, removing subpart 2093

from the CFR is appropriate.

In the November 1, 1996, Federal

Register (61 FR 56496), BLM published

a proposed rule to completely remove

subpart 2093 from 43 CFR. The public

was given a 30-day period, ending on

December 2, 1996, in which to submit

comments on the proposed rule. BLM

did not receive any comments , so the

final rule is being published unchanged.

II. Procedural Matters

National Environmental Policy Act

The BLM has prepared an

environmental assessment (EA), and has

found that the rule will not constitute a

major Federal action significantly

affecting the quality of the human

environment under section 102(2)(C) of

the National Environmental Policy Act

of 1969 (NEPA), 42 U.S.C. 4332(2)(C).

BLM has placed the EA and the Finding

of No Significant Impact (FONSI) on file

in the BLM Administrative Record, 1620

L Street, NW, Room 401, Washington,

DC. BLM invites the public to review

these documents at this address during

regular business hours, 7:45 a.m. to 4:15

p.m., Monday through Friday.

Paperwork Reduction Act

This rule does not contain

information collection requirements that

the Office of Management and Budget

must approve under the Paperwork

Reduction Act, 44 U.S.C. 3501 et seq.

Regulatory Flexibility Act

Congress enacted the Regulatory

Flexibility Act of 1980, 5 U.S.C. 601 et

seq., to ensure that Government

regulations do not unnecessarily or

disproportionately burden small

entities. The RFA requires a regulatory

flexibility analysis if a rule would have

a significant economic impact, either

detrimental or beneficial, on a

substantial number of small entities.

Based on the discussion in the preamble

above, that the rule merely removes

redundant and unnecessary

requirements, BLM anticipates that this

final rule will have no significant

impact on the public at large. Therefore,

BLM has determined under the RFA

that this final rule will not have a

significant economic impact on a

substantial number of small entities.

Unfunded Mandates Reform Act

Removal of 43 CFR subpart 2093 will

not result in any unfunded mandate to

State, local or tribal governments in the

aggregate, or to the private sector, of

$100 million or more in any one year.

Executive Order 12612

The final rule will not have a

substantial direct effect on the States, on

the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government. Therefore, in

accordance with Executive Order 12612,

BLM has determined that this rule does

not have sufficient federalism

implications to warrant preparation of a

Federalism assessment.

Executive Order 12630

The final rule does not represent a

government action that interferes with

constitutionally protected property

rights. Section 2(a)(1) of Executive

Order 12630 specifically exempts

actions abolishing regulations or

modifying regulations in a way that

lessens interference with private

property use from the definition of

‘‘policies that have takings

implications.’’ Since the primary

function of the final rule is to abolish

unnecessary regulations, there will be

no private property rights impaired as a

result. Therefore, the Department of the

Interior has determined that the rule

would not cause a taking of private

property, or require further discussion