Rescission of February 4, 2004, Order and Subsequent Amendments Prohibiting the Importation of Birds and Bird Products From Specified Countries, 3608-3609 [E9-1029]
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Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
technology and services. The EHR
exception and safe harbor require that
the software be ‘‘interoperable’’ as
defined in the regulations. The rules
also provide that certain software will
be deemed to be ‘‘interoperable’’ if that
software has been certified by a
certifying body recognized by the
Secretary within 12 months prior to the
donation. Under the interim guidance
for the recognition of certifying bodies
published by the ONC (‘‘Office of the
National Coordinator for Health
Information Technology (ONC) Interim
Guidance Regarding the Recognition of
Certification Bodies’’), for an
organization to be recognized as a
recognized certifying body (RCB), the
organization must, among other
characteristics:
• Have in place a demonstrated
process for and experience in certifying
products to be in compliance with
criteria recognized by the Secretary;
• Have a method by which it can
incorporate all applicable standards and
certification criteria recognized by the
Secretary into its certification processes;
and
• Have the ability to adapt its
processes to emerging certification
criteria recognized by the Secretary.
The RCBs would therefore have to
certify such products in conformity
with, among other provisions, these
Interoperability Standards, once
recognized, for the certified products to
be deemed interoperable under the
physician self-referral exception and
anti-kickback safe harbor, respectively,
and, thus, eligible for donation to
certain health care providers under the
physician self-referral law and the antikick back statute.
The Department is mindful that the
ability of software to be interoperable
evolves as technology develops.
Consequently, if an enforcement action
is initiated for an allegedly improper
donation of EHR non-certified software,
the Department would review whether
the software was interoperable at the
time of donation, as defined in the
regulations. The Department would
consider the prevailing state of
technology at the time the items or
services were provided to the recipient.
As explained in the regulations, the
Department understands that parties
should have a reasonable basis for
determining whether the EHR software
is interoperable. We therefore indicated
that ‘‘it would be appropriate—and,
indeed, advisable—for parties to consult
any standards and criteria related to
interoperability recognized by the
Department.’’ Compliance with these
standards and criteria, as we explained
in the regulations, ‘‘will provide greater
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18:54 Jan 16, 2009
Jkt 217001
certainty to donors and recipients that
products meet the interoperability
requirement, and may be relevant in an
enforcement action.’’ (See 71 FR 45156
and 71 FR 45127.)
The Department believes that the oneyear period between acceptance in
January 2008 and recognition in January
2009 provided both the public and
private sectors with adequate time to
review, test, and provide input on the
identified HITSP Interoperability
Specifications prior to their recognition.
Based on the above, the Secretary has
now recognized these HITSP
Interoperability Specifications.
FOR FURTHER INFORMATION CONTACT:
Judith Sparrow at (202) 690–7151.
Dated: January 14, 2009.
Marc R. Weisman,
Executive Director, Office of the National
Coordinator for Health Information
Technology.
[FR Doc. E9–1068 Filed 1–16–09; 8:45 am]
BILLING CODE 4150–45–P
Centers for Disease Control and
Prevention
Healthcare Infection Control Practices
Advisory Committee (HICPAC)
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC)
announces the following meeting for the
aforementioned committee:
Times and Dates: 9 a.m.–5 p.m., February
12, 2009.
9 a.m.–12 p.m., February 13, 2009.
Place: Centers for Disease Control and
Prevention (CDC), 1600 Clifton Road,
Atlanta, Georgia 30333, Global
Communications Center, Bldg. 19,
Auditorium B3.
Status: Open to the public, limited only by
the space available.
Purpose: The Committee is charged with
providing advice and guidance to the
Secretary, the Assistant Secretary for Health,
the Director, CDC, and the Director, National
Center for Preparedness, Detection, and
Control of Infectious Diseases (NCPDCID),
regarding (1) The practice of hospital
infection control; (2) strategies for
surveillance, prevention, and control of
infections (e.g., nosocomial infections),
antimicrobial resistance, and related events
in settings where healthcare is provided; and
(3) periodic updating of guidelines and other
policy statements regarding prevention of
healthcare-associated infections and
healthcare-related conditions.
Matters to be Discussed: The agenda will
include a follow up discussion of Health and
Human Services Healthcare-Associated
Frm 00068
Fmt 4703
Dated: January 12, 2009.
Elaine L. Baker,
Director, Management Analysis and Services
Office, Centers for Disease Control and
Prevention (CDC).
[FR Doc. E9–1187 Filed 1–16–09; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
PO 00000
Infections (HAI) elimination plan, Norovirus
Guideline and Healthcare worker vaccination
update.
Agenda items are subject to change as
priorities dictate.
Contact Person for More Information:
Wendy Vance, HICPAC, Division of
Healthcare Quality Promotion, NCPDCID,
CDC, l600 Clifton Road, NE., Mailstop D–10,
Atlanta, Georgia 30333 Telephone (404) 639–
2891.
The Director, Management Analysis and
Services Office, has been delegated the
authority to sign Federal Register notices
pertaining to announcements of meetings and
other committee management activities, for
both CDC and the Agency for Toxic
Substances and Disease Registry.
Sfmt 4703
Centers for Disease Control and
Prevention
Rescission of February 4, 2004, Order
and Subsequent Amendments
Prohibiting the Importation of Birds
and Bird Products From Specified
Countries
AGENCY: Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice with comment period.
SUMMARY: The Centers for Disease
Control and Prevention (CDC),
Department of Health and Human
Services (HHS) is announcing its intent
to rescind its February 4, 2004 order and
subsequent amendments prohibiting the
importation of birds and bird products
from specified countries based on the
threat that imports from such countries
increases the risk that highly pathogenic
avian influenza H5N1 may be
introduced into the United States. After
consideration of public comment, CDC
will publish a final notice regarding
these prohibitions. The U.S. Department
of Agriculture (USDA) Animal and Plant
Health Inspection Service (APHIS) has
implemented and continues to enforce
regulations to prohibit or restrict the
importation of birds, poultry, and
unprocessed birds and poultry products
from regions that have reported the
presence of highly pathogenic avian
influenza H5N1 in poultry. See 9 CFR
93.101, 93.201, 94.6, & 95.30. While
USDA/APHIS actions are based
primarily on protecting the U.S.
E:\FR\FM\21JAN1.SGM
21JAN1
Federal Register / Vol. 74, No. 12 / Wednesday, January 21, 2009 / Notices
mstockstill on PROD1PC66 with NOTICES
commercial poultry industry from the
introduction of highly pathogenic avian
influenza H5N1, these actions have the
added benefit of mitigating the risk of
human exposure to the virus. Because
the USDA/APHIS import restrictions
adequately address risks to human
health, HHS/CDC is announcing the
intent to lift its embargo against imports
of birds and unprocessed bird products
from those same countries and solicits
comments on this proposal. All of the
bird embargoes that are currently in
force under USDA regulations will
remain in force. HHS/CDC will work
closely with USDA/APHIS to monitor
the international situation regarding
HPAI H5N1 outbreaks and will take
additional action if it identifies human
health risks that are not adequately
contained by USDA regulatory actions.
DATES: Written comments must be
received on or before February 20, 2009.
Comments received after January 21,
2009 will be considered to the extent
possible.
ADDRESSES: You may submit written
comments to the following address:
Division of Global Migration and
Quarantine, Centers for Disease Control
and Prevention, U.S. Department of
Health and Human Services, Attn:
Rescission Notice, 1600 Clifton Road,
NE., MS E–03, Atlanta, Georgia 30333.
You may submit written comments
electronically via the Internet at the
following Address: https://
regulations.gov, or via e-mail to
DGMQpubliccomments@cdc.gov.
FOR FURTHER INFORMATION CONTACT:
Stacy M. Howard, Division of Global
Migration and Quarantine, Centers for
Disease Control and Prevention, U.S.
Department of Health and Human
Services, 1600 Clifton Road, NE., MS
E–03, Atlanta, Georgia 30333; telephone
404–498–1600.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2004, the Centers for
Disease Control and Prevention (CDC)
within the U.S. Department of Health
and Human Services issued an order to
ban immediately the import of all birds
(Class: Aves) from specified countries,
subject to limited exemptions for
returning pet birds of U.S. origin and
certain processed bird-derived products.
HHS/CDC took this step because birds
from these countries can potentially
infect humans with avian influenza
(influenza A/[H5N1]). Countries affected
by the February 4, 2004, order included
VerDate Nov<24>2008
18:54 Jan 16, 2009
Jkt 217001
Cambodia, Indonesia, Japan, Laos,
People’s Republic of China (including
Hong Kong Special Administrative
Region [SAR]), South Korea, Thailand,
and Vietnam. This order was further
amended on March 10, 2004, to lift the
embargo of birds and bird products from
the Hong Kong SAR because of the
documented control of the outbreak
there and the absence of highly
pathogenic avian influenza H5N1 cases
in Hong Kong’s domestic bird
populations. Following the
documentation of highly pathogenic
avian influenza H5N1 in commercial
birds in additional countries, HHS/CDC
issued amendments to the February 4,
2004, order that added these countries
to its embargo: Malaysia on September
28, 2004; Kazakhstan, Romania, Russia,
Turkey, and Ukraine on December 29,
2005; Nigeria on February 8, 2006; India
on February 22, 2006; Egypt on
February 27, 2006; Niger on March 2,
2006; Albania, Azerbaijan, Cameroon,
and Burma (Myanmar) on March 15,
2006; Israel on March 20, 2006;
Afghanistan on March 21, 2006; Jordan
on March 29, 2006; Burkina Faso on
April 10, 2006; Pakistan on April 10,
2006; Gaza, the West Bank, and the
ˆ
Ivory Coast (Cote d’Ivoire) on April 28,
2006; Sudan on May 16, 2006; Djibouti
on June 2, 2006; and Kuwait on
February 28, 2007.
The HHS/CDC February 4, 2004, order
and subsequent amendments have
complemented simultaneous actions
taken by the Animal and Plant Health
Inspection Service (APHIS) within the
U.S. Department of Agriculture (USDA).
USDA/APHIS amended its regulations
to prohibit or restrict the importation of
birds, poultry, and unprocessed birds
and poultry products from regions that
have reported the presence of highly
pathogenic avian influenza H5N1 in
poultry. See 9 CFR 93.101, 93.201, 94.6,
& 95.30. As the United Nations Food
and Agriculture Organization and the
World Organization for Animal Health
(OIE) have confirmed additional cases of
highly pathogenic avian influenza
(H5N1) in commercial birds, USDA/
APHIS has added additional countries
and regions to its ban.
HHS/CDC believes that the actions
taken to date by USDA/APHIS
adequately mitigate the human health
risks associated with birds and
unprocessed bird products imported
from the countries of concern, and that
the HHS/CDC order of February 4, 2004,
and subsequent amendments are no
longer needed. HHS/CDC announces its
PO 00000
Frm 00069
Fmt 4703
Sfmt 4703
3609
intent to lift its embargo of birds and
unprocessed bird products from
specified countries to ensure a more
coordinated federal response to the
control of highly pathogenic avian
influenza H5N1.
Dated: January 9, 2009.
Julie Louise Gerberding,
Director, Centers for Disease Control and
Prevention.
[FR Doc. E9–1029 Filed 1–16–09; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: ACF–IV–E–1 Foster Care and
Adoption Assistance Financial
Reporting Form.
OMB No.: 0970–0205.
Description: State agencies administer
the Foster Care and Adoption
Assistance Programs under Title IV–E of
the Social Security Act. The
Administration for Children and
Families provides Federal funding at the
rate of 50 percent for most of the
administrative costs and at other rates
for other specific categories of costs as
detailed in Federal statutes and
regulations. This form is submitted
quarterly by each State to estimate the
funding needs for the upcoming fiscal
quarter and to report expenditures for
the fiscal quarter just ended. The
information collected in this report is
used by this agency to calculate
quarterly Federal grant awards and to
enable oversight of the financial
management of the programs.
Part 3 of this form had also been used
to collect semiannual budget
projections. In response to the
publication of the Federal Register
Notice on October 10, 2008, comments
from the ACF budget office indicated
that this information is now available
from other sources and the information
previously collected on Part 3 is no
longer needed. We are, therefore,
deleting Part 3 of this form.
Respondents: State agencies
(including the District of Columbia and
Puerto Rico) administering the Foster
Care and Adoption Assistance programs
under Title IV–E of the Social Security
Act.
E:\FR\FM\21JAN1.SGM
21JAN1
]]>Agencies
[Federal Register Volume 74, Number 12 (Wednesday, January 21, 2009)]
[Notices]
[Pages 3608-3609]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1029]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Rescission of February 4, 2004, Order and Subsequent Amendments
Prohibiting the Importation of Birds and Bird Products From Specified
Countries
AGENCY: Centers for Disease Control and Prevention (CDC), Department of
Health and Human Services (HHS).
ACTION: Notice with comment period.
-----------------------------------------------------------------------
SUMMARY: The Centers for Disease Control and Prevention (CDC),
Department of Health and Human Services (HHS) is announcing its intent
to rescind its February 4, 2004 order and subsequent amendments
prohibiting the importation of birds and bird products from specified
countries based on the threat that imports from such countries
increases the risk that highly pathogenic avian influenza H5N1 may be
introduced into the United States. After consideration of public
comment, CDC will publish a final notice regarding these prohibitions.
The U.S. Department of Agriculture (USDA) Animal and Plant Health
Inspection Service (APHIS) has implemented and continues to enforce
regulations to prohibit or restrict the importation of birds, poultry,
and unprocessed birds and poultry products from regions that have
reported the presence of highly pathogenic avian influenza H5N1 in
poultry. See 9 CFR 93.101, 93.201, 94.6, & 95.30. While USDA/APHIS
actions are based primarily on protecting the U.S.
[[Page 3609]]
commercial poultry industry from the introduction of highly pathogenic
avian influenza H5N1, these actions have the added benefit of
mitigating the risk of human exposure to the virus. Because the USDA/
APHIS import restrictions adequately address risks to human health,
HHS/CDC is announcing the intent to lift its embargo against imports of
birds and unprocessed bird products from those same countries and
solicits comments on this proposal. All of the bird embargoes that are
currently in force under USDA regulations will remain in force. HHS/CDC
will work closely with USDA/APHIS to monitor the international
situation regarding HPAI H5N1 outbreaks and will take additional action
if it identifies human health risks that are not adequately contained
by USDA regulatory actions.
DATES: Written comments must be received on or before February 20,
2009. Comments received after January 21, 2009 will be considered to
the extent possible.
ADDRESSES: You may submit written comments to the following address:
Division of Global Migration and Quarantine, Centers for Disease
Control and Prevention, U.S. Department of Health and Human Services,
Attn: Rescission Notice, 1600 Clifton Road, NE., MS E-03, Atlanta,
Georgia 30333.
You may submit written comments electronically via the Internet at
the following Address: https://regulations.gov, or via e-mail to
DGMQpubliccomments@cdc.gov.
FOR FURTHER INFORMATION CONTACT: Stacy M. Howard, Division of Global
Migration and Quarantine, Centers for Disease Control and Prevention,
U.S. Department of Health and Human Services, 1600 Clifton Road, NE.,
MS E-03, Atlanta, Georgia 30333; telephone 404-498-1600.
SUPPLEMENTARY INFORMATION:
Background
On February 4, 2004, the Centers for Disease Control and Prevention
(CDC) within the U.S. Department of Health and Human Services issued an
order to ban immediately the import of all birds (Class: Aves) from
specified countries, subject to limited exemptions for returning pet
birds of U.S. origin and certain processed bird-derived products. HHS/
CDC took this step because birds from these countries can potentially
infect humans with avian influenza (influenza A/[H5N1]). Countries
affected by the February 4, 2004, order included Cambodia, Indonesia,
Japan, Laos, People's Republic of China (including Hong Kong Special
Administrative Region [SAR]), South Korea, Thailand, and Vietnam. This
order was further amended on March 10, 2004, to lift the embargo of
birds and bird products from the Hong Kong SAR because of the
documented control of the outbreak there and the absence of highly
pathogenic avian influenza H5N1 cases in Hong Kong's domestic bird
populations. Following the documentation of highly pathogenic avian
influenza H5N1 in commercial birds in additional countries, HHS/CDC
issued amendments to the February 4, 2004, order that added these
countries to its embargo: Malaysia on September 28, 2004; Kazakhstan,
Romania, Russia, Turkey, and Ukraine on December 29, 2005; Nigeria on
February 8, 2006; India on February 22, 2006; Egypt on February 27,
2006; Niger on March 2, 2006; Albania, Azerbaijan, Cameroon, and Burma
(Myanmar) on March 15, 2006; Israel on March 20, 2006; Afghanistan on
March 21, 2006; Jordan on March 29, 2006; Burkina Faso on April 10,
2006; Pakistan on April 10, 2006; Gaza, the West Bank, and the Ivory
Coast (C[ocirc]te d'Ivoire) on April 28, 2006; Sudan on May 16, 2006;
Djibouti on June 2, 2006; and Kuwait on February 28, 2007.
The HHS/CDC February 4, 2004, order and subsequent amendments have
complemented simultaneous actions taken by the Animal and Plant Health
Inspection Service (APHIS) within the U.S. Department of Agriculture
(USDA). USDA/APHIS amended its regulations to prohibit or restrict the
importation of birds, poultry, and unprocessed birds and poultry
products from regions that have reported the presence of highly
pathogenic avian influenza H5N1 in poultry. See 9 CFR 93.101, 93.201,
94.6, & 95.30. As the United Nations Food and Agriculture Organization
and the World Organization for Animal Health (OIE) have confirmed
additional cases of highly pathogenic avian influenza (H5N1) in
commercial birds, USDA/APHIS has added additional countries and regions
to its ban.
HHS/CDC believes that the actions taken to date by USDA/APHIS
adequately mitigate the human health risks associated with birds and
unprocessed bird products imported from the countries of concern, and
that the HHS/CDC order of February 4, 2004, and subsequent amendments
are no longer needed. HHS/CDC announces its intent to lift its embargo
of birds and unprocessed bird products from specified countries to
ensure a more coordinated federal response to the control of highly
pathogenic avian influenza H5N1.
Dated: January 9, 2009.
Julie Louise Gerberding,
Director, Centers for Disease Control and Prevention.
[FR Doc. E9-1029 Filed 1-16-09; 8:45 am]
BILLING CODE 4163-18-P
