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HHS/IHS RIN: 0917-AA13 Publication ID: Spring 2023 
Title: Removal of Suspended Regulations 

This final rule will remove suspended regulations at 42 CFR part 136a. The regulations appearing at 42 CFR part 136a 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 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 did not propose to alter this practice. Instead, the IHS proposed to 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, this rule will delete in entirety the suspended regulations at 42 CFR part 136a.

Agency: Department of Health and Human Services(HHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:  None
Action Date FR Cite
NPRM  06/22/2020  85 FR 37414   
NPRM Comment Period End  08/21/2020 
Final Action  09/00/2023 
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Undetermined 
Federalism: Undetermined 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Carl G. Mitchell
Director, Division of Regulatory and Policy Coordination
Department of Health and Human Services
Indian Health Service
5600 Fishers Lane, 09E70,
Rockville, MD 20857
Phone:301 443-1116