Removal of Obsolete/Suspended Regulations

Issuing agencies

Abstract

The Indian Health Service (IHS) of the Department of Health and Human Services (HHS or "the Department") is issuing this final rule to remove regulations appearing in the Code of Federal Regulations (CFR). The regulations duplicate other regulations in the CFR, and have never been implemented by the IHS, and were referred to as "suspended" in a 1999 Federal Register Notice. Removing these regulations will not change the IHS's existing practices or authorities.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 194 (Thursday, October 8, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 194 (Thursday, October 8, 2026)]
[Rules and Regulations]
[Page 64302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20684]


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

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service

42 CFR Part 136a

RIN 0917-AA13


Removal of Obsolete/Suspended Regulations

AGENCY: Indian Health Service (IHS), HHS.

ACTION: Final rule.

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

SUMMARY: The Indian Health Service (IHS) of the Department of Health 
and Human Services (HHS or ``the Department'') is issuing this final 
rule to remove regulations appearing in the Code of Federal Regulations 
(CFR). The regulations duplicate other regulations in the CFR, and have 
never been implemented by the IHS, and were referred to as 
``suspended'' in a 1999 Federal Register Notice. Removing these 
regulations will not change the IHS's existing practices or 
authorities.

DATES: This final rule is effective on December 7, 2026.

FOR FURTHER INFORMATION CONTACT: Carl Mitchell, Director, Division of 
Regulatory and Policy Coordination, Office of Management Services, 
Indian Health Service, 301-651-0489 (This is not a toll-free number), 
<a href="/cdn-cgi/l/email-protection#3f7c5e4d531172564b5c575a53537f56574c11585049"><span class="__cf_email__" data-cfemail="9bd8fae9f7b5d6f2eff8f3fef7f7dbf2f3e8b5fcf4ed">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: HHS published a notice of proposed 
rulemaking in the Federal Register on June 22, 2020 (85 FR 37414), with 
a sixty-day comment period, which closed on August 21, 2020. HHS did 
not receive any public comments.
    HHS will remove the regulations appearing at 42 CFR part 136a. 
These regulations were promulgated as a final rule in 1987 and were 
intended to replace the regulations appearing in the CFR at 42 CFR part 
136. The new regulations, however, were never implemented and have 
since been referred to as ``suspended'' in the Federal Register. In the 
intervening years, the IHS has continued to follow the regulations 
appearing at 42 CFR part 136, and the IHS does not propose to alter 
this practice. Instead, this final rule will remove the duplicative 
regulations at 42 CFR part 136a from the CFR. Given how much time has 
passed since these regulations were initially promulgated; the concern 
on the part of Congress regarding implementation of the regulations; 
and the confusion caused by having two sets of regulations addressing 
the same issue published in the CFR, the Agency will suspend the 
regulations at 42 CFR part 136a and will be deleted in their entirety. 
For access to background documents or posted comments, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for Docket ID number IHS-FRDOC-0001.

Executive Orders 12866, 13563, and 14192

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives. 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 final 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 14192 requires that any 
new incremental costs associated with significant new regulations 
``shall, to the extent permitted by law, be offset by the elimination 
of existing costs associated with at least ten prior regulations.'' 
This final rule is expected to be an Executive Order 14192 deregulatory 
action.

Regulatory Flexibility Act

    This action will not have a significant economic impact on small 
entities such as Indian health programs. 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 42 CFR Part 136a

    Government procurement, Government programs--education, Grant 
programs-education, Grant programs-health, Grant programs--Indians, 
Health care, Health professions, Indians, Penalties, Reporting and 
recordkeeping requirements, Scholarships and fellowships, Student aid.

Final Rule

PART 136a [Removed]

0
For the reasons set forth above, and under the authority of the Snyder 
Act (25 U.S.C. 13) and the Transfer Act (42 U.S.C. 2001 et seq.), the 
Department of Health and Human Services removes 42 CFR Part 136a.

Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-20684 Filed 10-7-26; 8:45 am]
BILLING CODE 4166-14-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>