[Federal Register: December 27, 2002 (Volume 67, Number 249)]
[Rules and Regulations]
[Page 78989-78990]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de02-21]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
45 CFR Part 4
Service of Process: Amendment for Materials Related to Petitions
Under the National Vaccine Injury Compensation Program
AGENCY: Health Resources and Services Administration, HHS.
ACTION: Final rule.
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SUMMARY: Current regulations regarding service of legal process provide
that all service of process relating to petitions for compensation
under the National Vaccine Injury Compensation Program (VICP) are to be
sent to the Director, Bureau of Health Professions (BHPr), Health
Resources and Services Administration (HRSA). Because the Acting
Administrator, HRSA has recently reestablished the Division of Vaccine
Injury Compensation (DVIC) within the Office of Special Programs (OSP),
this final rule amends the regulations regarding service of process to
provide that all petitions for compensation under the VICP are to be
sent to the Director, Division of Vaccine Injury Compensation, Office
of Special Programs, Health Resources and Services Administration. This
amendment is purely technical.
DATES: This regulation is effective on January 27, 2003.
FOR FURTHER INFORMATION CONTACT: Thomas E. Balbier, Jr., Director,
DVIC, OSP, HRSA, 4350 East West Highway, 10th Floor, Bethesda, Maryland
20814; telephone number: (301) 443-6593. For information about how to
file petitions for compensation, contact the Clerk, United States Court
of Federal Claims, 717 Madison Place, N.W., Washington, D.C. 20005,
telephone number: (202) 219-9657.
SUPPLEMENTARY INFORMATION: 45 CFR 4.6 provides that service of the
Secretary's copies of petitions for compensation under the VICP and of
related filings are to be served upon the Director, BHPr, which until
October 15, 2001, included DVIC. DVIC administers all of the statutory
authorities of the Secretary related to the operation of the VICP. On
October 15, 2001, the Acting Administrator, HRSA, published in the
Federal Register a ``Statement of Organization, Functions, and
Delegations of Authority (66 FR 52421),'' which set forth
organizational changes within BHPr and other organizations within HRSA.
Included among those changes was the reorganization of DVIC from BHPr
into OSP, HRSA.
Because DVIC has been reorganized from BHPr to OSP within HRSA, the
Secretary is amending the regulations governing service of process of
materials relating to petitions under the VICP to reflect the
appropriate addressee for proper service of such materials.
Justification for Omitting Notice of Proposed Rulemaking
This amendment to 45 CFR 4.6 is a technical amendment to reflect a
reorganization of HRSA. Since this is a
[[Page 78990]]
technical amendment, related solely to internal Departmental
management, the Secretary has determined, under 5 U.S.C. 553 and
departmental policy, that it is unnecessary to follow proposed
rulemaking procedures.
Economic and Regulatory Impact
Executive Order 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 (including potential economic, environmental, public
health, safety distributive and equity effects). In addition, under the
Regulatory Flexibility Act (RFA), if a rule has a significant economic
effect on a substantial number of small entities the Secretary must
specifically consider the economic effect of a rule on small entities
and analyze regulatory options that could lessen the impact of the
rule.
Executive Order 12866 requires that 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 an unnecessary burden. Regulations which
are ``significant'' because of cost, adverse effects on the economy,
inconsistency with other agency actions, effects on the budget, or
novel legal or policy issues, require special analysis.
The Secretary has determined that no resources are required to
implement the requirements in this rule. Therefore, in accordance with
the RFA of 1980, and the Small Business Regulatory Enforcement Fairness
Act of 1996, which amended the RFA, the Secretary certifies that this
rule will not have a significant impact on a substantial number of
small entities. The Secretary has also determined that this final rule
does not meet the criteria for a major rule as defined by Executive
Order 12866 and would have no major effect on the economy or Federal
expenditures.
The Secretary has further determined that the rule is not a ``major
rule'' within the meaning of the statute providing for Congressional
review of agency rulemaking, 5 U.S.C. 801. Major rules are those that
impose a cost on the economy of $100 million or more a year or have
certain other economic impacts. Similarly, it will not have effects on
State, local, and tribal governments and on the private sector such as
to require consultation under the Unfunded Mandates Reform Act of 1995.
Paperwork Reduction Act of 1995
This regulation is not subject to the Paperwork Reduction Act
because it deals solely with internal management of the Department of
Health and Human Services.
List of Subjects in 45 CFR Part 4
Courts, vaccine injury petitions.
Dated: November 29, 2002.
Elizabeth M. Duke,
Administrator, Health Resources and Services Administration.
Approved: December 16, 2002.
Tommy G. Thompson,
Secretary.
Accordingly, 45 CFR part 4 is amended as set forth below:
PART 4--SERVICE OF PROCESS
1. The authority citation for 45 CFR part 4 continues to read as
follows:
Authority: 5 U.S.C. 301, 42 U.S.C. 300aa-11.
2. Section 4.6 is revised to read as follows:
Sec. 4.6 Materials related to petitions under the National Vaccine
Injury Compensation Program.
Notwithstanding the provisions of Sec. Sec. 4.1, 4.2, and 4.3,
service of the Secretary's copies of petitions for compensation under
the VICP and of related filings, by mail, shall be served upon the
Director, Division of Vaccine Injury Compensation, Office of Special
Programs, Health Resources and Services Administration 5600 Fishers
Lane, Parklawn Building, Room 16C-17, Rockville, Maryland 20857, or in
person, shall be served upon the Director, Division of Vaccine Injury
Compensation, Office of Special Programs, Health Resources and Services
Administration, 4350 East West Highway, 10th Floor, Bethesda, Maryland
20814.
[FR Doc. 02-32630 Filed 12-26-02; 8:45 am]
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