Control of Communicable Diseases: Interstate; Scope and Definitions, 75880-75884 [2012-30729]
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Federal Register / Vol. 77, No. 247 / Wednesday, December 26, 2012 / Rules and Regulations
This section only applies to the volume
of diesel fuel produced from transmix
by a transmix processor using these
processes, and to the diesel fuel volume
produced by a pipeline operator from
transmix. This section does not apply to
any diesel fuel volume produced by the
blending of blendstocks.
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(d) From June 1, 2010 through May
31, 2014, NRLM diesel fuel produced by
a transmix processor or a pipeline
facility that produces diesel fuel from
transmix is subject to the standards
under § 80.510(a). This paragraph (d)
does not apply to NRLM diesel fuel that
is sold or intended for sale in the areas
listed in § 80.510(g)(1) or (g)(2).
(e) From June 1, 2014 and beyond,
NRLM diesel fuel produced by a
transmix processor and a pipeline
facility that produces diesel fuel from
transmix is subject to the standards of
§ 80.510(c).
(f) From February 25, 2013 through
May 31, 2014, LM diesel fuel produced
by a transmix processor or a pipeline
facility that produces diesel fuel from
transmix that is sold or intended for sale
in the area listed in § 80.510(g)(1) is
subject to the standards of § 80.510(a)
provided that the conditions in
paragraph (h) of this section are
satisfied. Diesel fuel produced from
transmix that does not meet the
conditions in paragraph (h) of this
section is subject to the sulfur standard
in § 80.510(c).
(g) Beginning June 1, 2014, LM diesel
fuel produced by a transmix processor
or a pipeline facility that produces
diesel fuel from transmix is subject to
the sulfur standard of § 80.510(a),
provided that the conditions in
paragraph (h) of this section are
satisfied. Diesel fuel produced from
transmix that does not meet the
conditions in paragraph (h) of this
section is subject to the sulfur standard
in § 80.510(c).
(h) The following conditions must be
satisfied to allow the production of 500
ppm LM under paragraphs (f) and (g) of
this section.
(1) The fuel must be produced from
transmix.
(2) The fuel must not be sold or
intended for sale in the area listed in
§ 80.510(g)(2) (i.e., Alaska).
(3) A facility producing 500 ppm LM
diesel fuel must obtain approval from
the Administrator for a compliance
plan. The compliance plan must detail
how the facility will segregate any 500
ppm LM diesel fuel produced subject to
the standards under § 80.510(a) from the
producer through to the ultimate
consumer from fuel having other
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designations. The compliance plan must
demonstrate that the end users of 500
ppm LM will also have access to 15
ppm diesel fuel for use in those engines
that require the use of 15 ppm diesel
fuel. The compliance plan must identify
the entities that handle the 500 ppm LM
through to the ultimate consumer. No
more than 4 separate entities shall
handle the 500 ppm LM between the
producer and the ultimate consumer.
The compliance plan must also identify
all ultimate consumers to whom the
refiner supplies the 500 ppm LM diesel
fuel. The compliance plan must detail
how misfueling of 500 ppm LM into
vehicles or equipment that require the
use of 15 ppm diesel fuel will be
prevented.
(i) Producers of 500 ppm LM diesel
fuel must be registered with EPA under
§ 80.597 prior to the distribution of any
500 ppm LM diesel fuel.
(ii) Producers of 500 ppm LM must
initiate a PTD that meets the
requirements in paragraph (h)(3)(iii) of
this section.
(iii) All transfers of 500 ppm LM
diesel fuel must be accompanied by a
PTD that clearly and accurately states
the fuel designation; the PTD must also
meet all other requirements of § 80.590.
(iv) Batches of 500 ppm LM may be
shipped by pipeline provided that such
batches do not come into physical
contact in the pipeline with batches of
other distillate fuel products that have
a sulfur content greater than 15 ppm.
(v) The volume of 500 ppm LM
shipped via pipeline under paragraph
(h)(3)(iv) of this section may swell by no
more than 2% upon delivery to the next
party. Such a volume increase may only
be due to volume swell due to
temperature differences when the
volume was measured or due to normal
pipeline interface cutting practices
notwithstanding the requirement under
paragraph (h)(3)(iv) of this section.
(vi) Entities that handle 500 ppm LM
must calculate the balance of 500 ppm
LM received versus the volume
delivered and used on an annual basis.
(vii) The records required in this
section must be maintained for five
years, by each entity that handles 500
ppm LM and be made available to EPA
upon request.
(4) All parties that take custody of 500
ppm LM must segregate the product
from other fuels and observe the other
requirements in the compliance plan
approved by EPA pursuant to paragraph
(h)(3) of this section.
■ 4. Section 80.572 is amended by
revising the section heading and
paragraph (d) to read as follows:
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§ 80.572 What labeling requirements apply
to retailers and wholesale purchaserconsumers of Motor Vehicle, NR, LM and
NRLM diesel fuel and heating oil beginning
June 1, 2010?
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(d) From June 1, 2010 through
September 30, 2012 and from February
25, 2013 and thereafter, for pumps
dispensing LM diesel fuel subject to the
500 ppm sulfur standard of § 80.510(a):
LOW SULFUR LOCOMOTIVE AND
MARINE DIESEL FUEL (500 ppm Sulfur
Maximum)
WARNING
Federal law prohibits use in nonroad
engines or in highway vehicles or
engines.
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■ 5. Section 80.597 is amended by
adding paragraph (d)(3)(ii) to read as
follows:
§ 80.597 What are the registration
requirements?
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(d) * * *
(3) * * *
(ii) Fuel designated as 500 ppm LM
diesel fuel.
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[FR Doc. 2012–30960 Filed 12–21–12; 4:15 pm]
BILLING CODE P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
42 CFR Part 70
[Docket No. CDC–2012–0016]
RIN 0920–AA22
Control of Communicable Diseases:
Interstate; Scope and Definitions
Centers for Disease Control and
Prevention (HHS/CDC), Department of
Health and Human Services (HHS).
ACTION: Direct Final Rule and request for
comments.
AGENCY:
In this Direct Final Rule, the
Centers for Disease Control and
Prevention (CDC), located within the
Department of Health and Human
Services (HHS) is proposing to update
the definitions for interstate quarantine
regulations to reflect modern
terminology and plain language used by
private industry and public health
partners. These updates will not affect
current practices. As part of the update,
we are updating two existing definitions
and adding eight new definitions to
clarify existing provisions, as well as
updating regulations to reflect the most
recent Executive Order addressing
quarantinable communicable diseases.
SUMMARY:
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The DFR is effective on February
25, 2013 unless significant adverse
comment is received by January 25,
2013. If we receive no significant
adverse comments within the specified
comment period, we intend to publish
a document confirming the effective
date of the final rule in the Federal
Register within 30 days after the
comment period on this DFR ends. If we
receive any timely significant adverse
comment, we will withdraw this DFR in
part or in whole by publication of a
document in the Federal Register
within 30 days after the comment
period ends.
ADDRESSES: You may submit comments,
identified by ‘‘RIN 0920–AA22’’ by any
of the following methods:
• Internet: Access the Federal erulemaking portal at https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Division of Global Migration
and Quarantine, Centers for Disease
Control and Prevention, 1600 Clifton
Road NE., MS–03, Atlanta, Georgia
30333, ATTN: Part 70 DFR.
Instructions: All submissions received
must include the agency name and
docket number or Regulation Identifier
Number (RIN) for this rulemaking. All
relevant comments will be posted
without change to https://
regulations.gov, including any personal
information provided. For detailed
instructions on submitting comments
and additional information on the
rulemaking process, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to
read background documents or
comments received, please go to
https://www.regulations.gov. Comments
will be available for public inspection
Monday through Friday, except for legal
holidays, from 9 a.m. until 5 p.m.,
Eastern Time, at 1600 Clifton Road NE.,
Atlanta, Georgia 30333. Please call
ahead to 1–866–694–4867 and ask for a
representative in the Division of Global
Migration and Quarantine (DGMQ) to
schedule your visit. To download an
electronic version of the rule, access
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
questions concerning this direct final
rule: Ashley A. Marrone, JD, Centers for
Disease Control and Prevention, 1600
Clifton Road NE., Mailstop E–03,
Atlanta, Georgia 30333; telephone 404–
498–1600.
SUPPLEMENTARY INFORMATION HHS/CDC
is publishing a DFR because it does not
expect to receive any significant adverse
comments and believes that updating
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definitions to add clarity to the
regulations is non-controversial.
However, in this Federal Register, HHS/
CDC is simultaneously publishing a
companion notice of proposed
rulemaking (NPRM) that proposes
identical modifications. If HHS/CDC
does not receive any significant adverse
comments on this DFR within the
specified comment period, we will
publish a document in the Federal
Register confirming the effective date of
this final rule within 30 days after the
comment period on the DFR ends and
withdraw the NPRM. If HHS/CDC
receives any timely significant adverse
comment, we will withdraw the DFR in
part or in whole by publication of a
document in the Federal Register
within 30 days after the comment
period ends. HHS/CDC will carefully
consider all public comments received
before proceeding with any subsequent
final rule based on the NPRM. A
significant adverse comment is one that
explains: (1) Why the DFR is
inappropriate, including challenges to
the rule’s underlying premise or
approach; or (2) why the DFR will be
ineffective or unacceptable without a
change.
This preamble is organized as follows:
I. Public Participation
II. Authority for These Regulations
III. Rationale for DFR
IV. Updates to Section 70.1
A. Definitions Updated Under Section 70.1
B. Definitions Added to Section 70.1
V. Rationale for Updates Under Section 70.6
VI. Alternatives Considered
VII. Required Regulatory Analyses
A. Required Regulatory Analyses Under
Executive Orders 12866 and 13563
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement
Fairness Act of 1996
D. The Paperwork Reduction Act of 1995
E. National Environmental Policy Act
(NEPA)
F. Civil Justice Reform (Executive Order
12988)
G. Executive Order 13132 (Federalism)
H. Plain Language Act of 2010
Interested persons are invited to
participate in this rulemaking by
submitting written views, opinions,
recommendations, and data. Comments
received, including attachments and
other supporting materials, are part of
the public record and subject to public
disclosure. Do not include any
information in your comment or
supporting materials that you do not
wish to be disclosed publicly.
Comments are invited on any topic
related to this DFR.
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II. Authority for These Regulations
The primary authority supporting this
rulemaking is section 361 of the Public
Health Service Act (42 U.S.C. 264).
Section 361 authorizes the Secretary of
HHS to make and enforce regulations as
in the Secretary’s judgment are
necessary to prevent the introduction,
transmission, or spread of
communicable diseases from foreign
countries into the states or possessions
of the United States and from one state
or possession into any other state or
possession. Regulations that implement
federal quarantine authority are
currently promulgated in 42 CFR Parts
70 and 71. Part 71 contains regulations
to prevent the introduction,
transmission, and spread of
communicable diseases into the states
and possessions of the United States,
while Part 70 contains regulations to
prevent the introduction, transmission,
or spread of communicable diseases
from one state into another. The
Secretary has delegated to the Director
of the Centers for Disease Control and
Prevention the authority for
implementing these regulations.
Authority for carrying out most of
these functions has been delegated to
HHS/CDC’s Division of Global
Migration and Quarantine (DGMQ). The
Secretary’s authority to apprehend,
examine, detain, and conditionally
release individuals is limited to those
quarantinable communicable diseases
published in an Executive Order of the
President. This list currently includes
cholera, diphtheria, infectious
tuberculosis (TB), plague, smallpox,
yellow fever, and viral hemorrhagic
fevers, such as Marburg, Ebola, and
Crimean-Congo hemorrhagic fever
(CCHF), Severe Acute Respiratory
Syndrome (SARS), and influenza caused
by novel or re-emergent influenza
viruses that are causing or have the
potential to cause a pandemic (see
Executive Order 13295, as amended by
Executive Order 13375 on April 1,
2005).
III. Rationale for DFR
I. Public Participation
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Through this DFR, HHS/CDC is
updating definitions to Part 70 to reflect
modern science and current practices.
HHS/CDC has chosen to publish a DFR
because we view this as a noncontroversial action and anticipate no
significant adverse comment. This DFR
does not create any additional
requirements or burden upon the
regulated community, nor does it affect
the current practices of HHS/CDC. A
significant adverse comment is one that
explains: (1) Why the DFR is
inappropriate, including challenges to
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the rule’s underlying premise or
approach; or (2) why the DFR will be
ineffective or unacceptable without a
change. In determining whether a
comment necessitates withdrawal of the
DFR, HHS/CDC will consider whether it
warrants a substantive response in a
notice and comment process. If we
receive significant adverse comment on
this DFR, we will publish a timely
withdrawal in the Federal Register
informing the public that the
amendment in this rule will not take
effect. If this DFR is withdrawn, we will
carefully consider all public comments
before proceeding with any subsequent
final rule based on the NPRM which is
being published simultaneously in the
Federal Register.
IV. Updates to Section 70.1
Regulations that implement federal
authority for interstate quarantine are
currently promulgated in 42 CFR part
70. The Secretary of HHS has delegated
to the Director of the Centers for Disease
Control and Prevention the authority for
implementing 42 CFR part 70.
Through this DFR, HHS/CDC
proposes to update the Definitions for
42 CFR part 70, under section 70.1, to
reflect modern terminology and plain
language commonly used by private
sector industry and public health
partners, as well as clarify the intent of
the provisions that follow. Specifically,
we are updating two existing definitions
and adding eight new definitions to
clarify existing provisions, as well as
updating 70.6 to reflect the language of
the most recent Executive Order
concerning quarantinable
communicable diseases.
Section 70.1(b) contains the
definitions used in this DFR. The DFR
proposes new or updated definitions to
be consistent with modern quarantine
concepts and current medical and
public health principles and practice.
Table 1 lists the current definitions
found in 42 CFR part 70 and the
definitions proposed in this DFR.
TABLE 1—DEFINITIONS AND CORRESPONDING CHANGES IN DEFINITIONS IN THE FINAL RULE
Existing
definitions in
42 CFR part 70
Corresponding, new or updated definition in DFR
Communicable diseases ..........................................................................
Communicable period ...............................................................................
Conveyance ..............................................................................................
Incubation period ......................................................................................
Interstate traffic .........................................................................................
Possession ...............................................................................................
State .........................................................................................................
Vessel .......................................................................................................
A. Definitions Updated Under Section
70.1
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Possession. To best add clarity to part
70, we have updated the term
‘‘possession’’ to mean ‘‘U.S. Territory’’
and defined U.S. Territory to include
American Samoa, Guam, the
Commonwealth of the Northern Mariana
Islands, the Commonwealth of Puerto
Rico, and the U.S. Virgin Islands.
Currently, only Puerto Rico and the
Virgin Islands are explicitly listed in the
definition. Thus, CDC is updating this
provision to explicitly list the other U.S.
jurisdictions to which this part applies.
State. To best add clarity to the
regulations of part 70, specifically
where roles and responsibilities are
outlined, we have included a definition
of ‘‘state’’ to mean any of the 50 states
within the United States, plus the
District of Columbia.
B. Definitions Added to Section 70.1
CDC. We have defined ‘‘CDC’’ to
mean the Centers for Disease Control
and Prevention within the Department
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CDC.
No Change.
No Change.
Conditional release.
No Change,
Director.
No Change.
No Change.
Isolation.
Master or Operator.
Updated.
Quarantine.
Quarantinable communicable disease.
Updated.
U.S Territory.
No Change.
of Health and Human Services to clarify
the provisions under part 70.
Conditional release. We have defined
‘‘conditional release’’ to have the same
meaning as ‘‘surveillance,’’ as that term
is defined in 42 CFR Part 71. We have
included this definition to best add
clarity to the provisions and practices
under part 70, specifically section 70.6,
as well as to ensure that conditional
release and surveillance are both used
consistently in both parts 70 and 71.
Director. To clarify the provisions
under part 70, we have defined
‘‘Director’’ to mean the Director, Centers
for Disease Control and Prevention,
Department of Health and Human
Services, or another authorized
representative as approved by the CDC
Director or the Secretary of HHS.
Isolation. In this DFR, ‘‘isolation’’ is
defined as the separation of an
individual or group reasonably believed
to be infected with a quarantinable
communicable disease from those who
are healthy to prevent the spread of the
quarantinable communicable disease.
This DFR clarifies the distinction
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between quarantine and isolation by
separately defining ‘‘quarantine’’ and
‘‘isolation’’ to distinguish these common
public health measures. Isolation, as
currently used in 42 CFR 71.1, applies
to both persons and groups of persons.
Thus, CDC is changing the definition in
part 70 so that the term is used
consistently in both part 70 and 71.
Applying isolation measures to groups
of individuals is consistent with CDC’s
current practice and does not constitute
a substantive change.
Master or Operator. This DFR defines
‘‘Master’’ or ‘‘Operator’’ as the aircrew
or sea crew member with responsibility
respectively for aircraft or vessel
operation and navigation or a similar
individual with responsibility for a
conveyance. We have included this
definition to better identify and assign
responsibilities under this subpart
(according to current practices).
Quarantine. This DFR defines
‘‘quarantine’’ as the separation of an
individual or group reasonably believed
to have been exposed to a quarantinable
communicable disease, but not yet ill,
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from others who have not been so
exposed, to prevent the possible spread
of the quarantinable communicable
disease. In this DFR, HHS/CDC is
separately defining quarantine and
isolation to distinguish these common
public health measures. Applying
quarantine measures to groups of
individuals is consistent with HHS/
CDC’s current practice and does not
constitute a substantive change.
Quarantinable communicable
disease. Under this DFR, ‘‘quarantinable
communicable disease’’ means any of
the communicable diseases listed in an
Executive Order, as provided under
section 361 of the Public Health Service
Act (42 U.S.C. 264). Executive Order
13295, of April 4, 2003, as amended by
Executive Order 13375 of April 1, 2005,
contains the current revised list of
quarantinable communicable diseases,
and may be found at https://
www.cdc.gov/quarantine and in the
docket as supplemental documents. If
this Executive Order is amended, HHS/
CDC will enforce the amended order
immediately and update its Web site.
The definition for ‘‘quarantinable
communicable disease’’ is being added
to Part 70 through this DFR to reflect the
most recent Executive Order regarding
quarantinable communicable disease.
This addition does not reflect a
substantive change from current
practice.
U.S. Territory. Under this DFR, ‘‘U.S.
Territory’’ means any territory (also
known as possessions) of the United
States including American Samoa,
Guam, the Commonwealth of the
Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the
U.S. Virgin Islands. The Department of
the Interior’s Office of Insular Affairs,
the federal government’s cognizant
agency for U.S. territories, no longer
uses the term ‘‘possession’’ to refer to
these jurisdictions. Consequently, HHS/
CDC is adding a new definition for U.S.
territory consistent with current federal
usage.
V. Updates to Section 70.6
Section 70.6, Apprehension and
detention of persons with specific
diseases, contains the general authority
for the Director to take measures with
respect to persons to protect the public’s
health against the spread of
communicable diseases ‘‘listed in an
Executive Order setting out a list of
quarantinable communicable diseases,
as provided under section 361(b) of the
Public Health Service Act.’’ The current
section 71.32(a) lists Executive Order
13295, of April 4, 2003. The subpart
states that ‘‘If this Order is amended,
HHS will enforce that amended order.’’
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On April 1, 2005, this Executive Order
was amended by Executive Order
13375. Therefore, as part of the noncontroversial changes in this DFR, we
are also updating section 70.6 to reflect
the most recent amendment to the
Executive Order which lists the
‘‘quarantinable communicable disease’’,
which we have also defined. These
changes are not substantive and will not
affect current practices.
VI. Alternatives Considered
Under Executive Order 13563
agencies are asked to consider all
feasible alternatives to current practice
and the rule as proposed. HHS/CDC
notes that the main impact of this
proposed rule is to update current
definitions and clarify language in the
current regulation to reflect modern
terminology and plain language
commonly used by global private sector
industry and public health partners. The
intent of these updates is to clarify the
provisions of the existing regulation to
help the regulated community comply
with current regulation and protect
public health. HHS/CDC believes that
this rulemaking complies with the spirit
of the Executive Order; updating current
definitions, clarifying language, and
updating the referenced Executive Order
provides good alternatives to the current
regulation.
VII. Required Regulatory Analyses
A. Required Regulatory Analyses Under
Executive Orders 12866 and 13563
Under Executive Order 12866 (EO
12866), Regulatory Planning and Review
(58 FR 51735, October 4, 1993) HHS/
CDC is required to determine whether
this regulatory action would be
‘‘significant’’ and therefore subject to
review by the Office of Management and
Budget (OMB) and the requirements of
the Executive Orders. This order defines
‘‘significant regulatory action’’ as any
regulatory action that is likely to result
in a rule that may:
D Have an annual effect on the
economy of $100 million or more or
adversely affect in a material way the
economy, a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
state, local, or tribal governments or
communities;
D Create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
D Materially alter the budgetary
impact of entitlements, grants, user fees,
or loan programs or the rights and
obligations of recipients; or,
D Raise novel legal or policy issues
arising out of legal mandates, the
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75883
President’s priorities, or the principles
set forth in E.O. 12866.
Executive Order 13563 (E.O. 13563),
Improving Regulation and Regulatory
Review, (76 FR 3821, January 21, 2011),
updates some of the provisions of E.O.
12866 in order to promote more
streamlined regulatory actions. This
E.O. charges, in part, that, while
protecting ‘‘public health, welfare,
safety, and our environment’’ that
regulations must also ‘‘promote
predictability and reduce uncertainty’’
in order to promote economic growth.
Further, regulations must be written in
common language and be easy to
understand. In the spirit of E.O. 13563,
this DFR enhances definitions related to
the control of communicable diseases
and add more current medical
terminology where appropriate.
HHS/CDC has determined that this
DFR is simply an update and
clarification of definitions and terms
used in the current regulation. As such,
the DFR complies with the spirit of E.O.
13563. Further, HHS/CDC has
determined that this DFR is not a
significant regulatory action as defined
in E.O. 12866 because the DFR is
definitional and does not change the
baseline costs for any of the primary
stakeholders.
B. Regulatory Flexibility Act
We have examined the impacts of the
rule under the Regulatory Flexibility
Act (5 U.S.C. 601–612). Unless we
certify that the rule is not expected to
have a significant economic impact on
a substantial number of small entities,
the Regulatory Flexibility Act (RFA), as
amended by the Small Business
Regulatory Enforcement Fairness Act
(SBREFA), requires agencies to analyze
regulatory options that would minimize
any significant economic impact of a
rule on small entities. We certify that
this rule will not have a significant
economic impact on a substantial
number of small entities within the
meaning of the RFA.
C. Small Business Regulatory
Enforcement Fairness Act of 1996
This DFR is not a major rule as
defined by Sec. 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This rule will not
result in an annual effect on the
economy of $100,000,000 or more; a
major increase in cost or prices; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
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D. The Paperwork Reduction Act of
1995
HHS/CDC has already determined
that the Paperwork Reduction Act
applies to the data collection and record
keeping requirements of 42 CFR part 70
and has obtained approval by the Office
of Management and Budget (OMB) to
collect data and require record keeping
under OMB Control No. 0920–0488,
expiration 03/31/2013. The changes in
this rule do not impact the data
collection or record keeping
requirements and do not require
revision to the approval from OMB.
E. National Environmental Policy Act
(NEPA)
Pursuant to 48 FR 9374 (list of HHS/
CDC program actions that are
categorically excluded from the NEPA
environmental review process), HHS/
CDC has determined that this action
does not qualify for a categorical
exclusion. In the absence of an
applicable categorical exclusion, the
Director, CDC, has determined that
provisions amending 42 CFR part 70
will not have a significant impact on the
human environment. Therefore, neither
an environmental assessment nor an
environmental impact statement is
required.
F. Civil Justice Reform (Executive Order
12988)
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under this rule: (1) All State
and local laws and regulations that are
inconsistent with this rule will be
preempted; (2) no retroactive effect will
be given to this rule; and (3)
administrative proceedings will not be
required before parties may file suit in
court challenging this rule.
tkelley on DSK3SPTVN1PROD with
G. Executive Order 13132 (Federalism)
HHS/CDC has reviewed this rule in
accordance with Executive Order 13132
regarding Federalism, and has
determined that it does not have
‘‘federalism implications.’’ The rule
does not ‘‘have substantial direct effects
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.’’
H. Plain Language Act of 2010
Under Public Law 111–274 (October
13, 2010), executive Departments and
Agencies are required to use plain
language in documents that explain to
the public how to comply with a
requirement the Federal Government
administers or enforces. HHS/CDC has
attempted to use plain language in
VerDate Mar<15>2010
04:58 Dec 22, 2012
Jkt 229001
promulgating this rule consistent with
the Federal Plain Writing Act and
requests public comment on this effort.
List of Subjects in Part 70
Communicable diseases, Isolation,
Public health, Quarantine,
Quarantinable communicable disease.
Amended Text
For the reasons discussed in the
preamble, the Centers for Disease
Control and Prevention amends 42 CFR
part 70 as follows:
PART 70—INTERSTATE QUARANTINE
1. The authority citation for part 70
continues to read as follows:
■
Authority: Secs. 215 and 311 of the Public
Health Service (PHS) Act, as amended (42
U.S.C. 216, 243); section 361–369, PHS Act,
as amended (42 U.S.C. 264–272); 31 U.S.C.
9701.
2. Amend § 70.1 as follows:
a. Remove paragraph designations (a),
(b), (c), (d), (e), (f), and (g).
■ b. Add in alphabetical order
definitions of CDC, Conditional release,
Director, Isolation, Master or Operator,
Quarantine, Quarantinable
communicable disease, and U.S.
Territory.
■ c. Revise the definitions of Possession
and State. The revisions and additions
read as follows:
■
■
§ 70.1
General definitions.
*
*
*
*
*
CDC means the Centers for Disease
Control and Prevention, Department of
Health and Human Services.
*
*
*
*
*
Conditional release means
‘‘surveillance’’ as that term is defined in
42 CFR 71.1.
*
*
*
*
*
Director means the Director, Centers
for Disease Control and Prevention,
Department of Health and Human
Services, or another authorized
representative as approved by the CDC
Director or the Secretary of HHS.
*
*
*
*
*
Isolation means the separation of an
individual or group reasonably believed
to be infected with a quarantinable
communicable disease from those who
are healthy to prevent the spread of the
quarantinable communicable disease.
Master or Operator means the aircrew
or sea crew member with responsibility
respectively for aircraft or vessel
operation and navigation, or a similar
individual with responsibility for a
conveyance.
Possession means U.S. Territory.
Quarantine means the separation of
an individual or group reasonably
PO 00000
Frm 00062
Fmt 4700
Sfmt 9990
believed to have been exposed to a
quarantinable communicable disease,
but who are not yet ill, from others who
have not been so exposed, to prevent the
possible spread of the quarantinable
communicable disease.
Quarantinable communicable disease
means any of the communicable
diseases listed in an Executive Order, as
provided under section 361 of the
Public Health Service Act. Executive
Order 13295, of April 4, 2003, as
amended by Executive Order 13375 of
April 1, 2005, contains the current
revised list of quarantinable
communicable diseases, and may be
obtained at https://www.cdc.gov and
https://www.archives.gov/
federal_register. If this Order is
amended, HHS will enforce that
amended order immediately and update
that Web site.
State means any of the 50 states, plus
the District of Columbia.
U.S. Territory means any territory
(also known as possessions) of the
United States, including American
Samoa, Guam, the Northern Mariana
Islands, the Commonwealth of Puerto
Rico, and the U.S. Virgin Islands.
*
*
*
*
*
■
3. Revise § 70.6 to read as follows:
§ 70.6 Apprehension and detention of
persons with specific diseases.
Regulations prescribed in this part
authorize the detention, isolation,
quarantine, or conditional release of
individuals, for the purpose of
preventing the introduction,
transmission, and spread of the
communicable diseases listed in an
Executive Order setting out a list of
quarantinable communicable diseases,
as provided under section 361(b) of the
Public Health Service Act. Executive
Order 13295, of April 4, 2003, as
amended by Executive Order 13375 of
April 1, 2005, contains the current
revised list of quarantinable
communicable diseases, and may be
obtained at https://www.cdc.gov/
quarantine and https://
www.archives.gov/federal_register. If
this Order is amended, HHS will
enforce that amended order
immediately and update its Web site.
Dated: December 13, 2012.
Kathleen Sebelius
Secretary, Department of Health and Human
Services.
[FR Doc. 2012–30729 Filed 12–21–12; 4:15 pm]
BILLING CODE 4163–18–P
E:\FR\FM\26DER1.SGM
26DER1
]]>Agencies
[Federal Register Volume 77, Number 247 (Wednesday, December 26, 2012)]
[Rules and Regulations]
[Pages 75880-75884]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30729]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
42 CFR Part 70
[Docket No. CDC-2012-0016]
RIN 0920-AA22
Control of Communicable Diseases: Interstate; Scope and
Definitions
AGENCY: Centers for Disease Control and Prevention (HHS/CDC),
Department of Health and Human Services (HHS).
ACTION: Direct Final Rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: In this Direct Final Rule, the Centers for Disease Control and
Prevention (CDC), located within the Department of Health and Human
Services (HHS) is proposing to update the definitions for interstate
quarantine regulations to reflect modern terminology and plain language
used by private industry and public health partners. These updates will
not affect current practices. As part of the update, we are updating
two existing definitions and adding eight new definitions to clarify
existing provisions, as well as updating regulations to reflect the
most recent Executive Order addressing quarantinable communicable
diseases.
[[Page 75881]]
DATES: The DFR is effective on February 25, 2013 unless significant
adverse comment is received by January 25, 2013. If we receive no
significant adverse comments within the specified comment period, we
intend to publish a document confirming the effective date of the final
rule in the Federal Register within 30 days after the comment period on
this DFR ends. If we receive any timely significant adverse comment, we
will withdraw this DFR in part or in whole by publication of a document
in the Federal Register within 30 days after the comment period ends.
ADDRESSES: You may submit comments, identified by ``RIN 0920-AA22'' by
any of the following methods:
Internet: Access the Federal e-rulemaking portal at https://www.regulations.gov. Follow the instructions for submitting comments.
Mail: Division of Global Migration and Quarantine, Centers
for Disease Control and Prevention, 1600 Clifton Road NE., MS-03,
Atlanta, Georgia 30333, ATTN: Part 70 DFR.
Instructions: All submissions received must include the agency name
and docket number or Regulation Identifier Number (RIN) for this
rulemaking. All relevant comments will be posted without change to
https://regulations.gov, including any personal information provided.
For detailed instructions on submitting comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or
comments received, please go to https://www.regulations.gov. Comments
will be available for public inspection Monday through Friday, except
for legal holidays, from 9 a.m. until 5 p.m., Eastern Time, at 1600
Clifton Road NE., Atlanta, Georgia 30333. Please call ahead to 1-866-
694-4867 and ask for a representative in the Division of Global
Migration and Quarantine (DGMQ) to schedule your visit. To download an
electronic version of the rule, access https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For questions concerning this direct
final rule: Ashley A. Marrone, JD, Centers for Disease Control and
Prevention, 1600 Clifton Road NE., Mailstop E-03, Atlanta, Georgia
30333; telephone 404-498-1600.
SUPPLEMENTARY INFORMATION HHS/CDC is publishing a DFR because it does
not expect to receive any significant adverse comments and believes
that updating definitions to add clarity to the regulations is non-
controversial. However, in this Federal Register, HHS/CDC is
simultaneously publishing a companion notice of proposed rulemaking
(NPRM) that proposes identical modifications. If HHS/CDC does not
receive any significant adverse comments on this DFR within the
specified comment period, we will publish a document in the Federal
Register confirming the effective date of this final rule within 30
days after the comment period on the DFR ends and withdraw the NPRM. If
HHS/CDC receives any timely significant adverse comment, we will
withdraw the DFR in part or in whole by publication of a document in
the Federal Register within 30 days after the comment period ends. HHS/
CDC will carefully consider all public comments received before
proceeding with any subsequent final rule based on the NPRM. A
significant adverse comment is one that explains: (1) Why the DFR is
inappropriate, including challenges to the rule's underlying premise or
approach; or (2) why the DFR will be ineffective or unacceptable
without a change.
This preamble is organized as follows:
I. Public Participation
II. Authority for These Regulations
III. Rationale for DFR
IV. Updates to Section 70.1
A. Definitions Updated Under Section 70.1
B. Definitions Added to Section 70.1
V. Rationale for Updates Under Section 70.6
VI. Alternatives Considered
VII. Required Regulatory Analyses
A. Required Regulatory Analyses Under Executive Orders 12866 and
13563
B. Regulatory Flexibility Act
C. Small Business Regulatory Enforcement Fairness Act of 1996
D. The Paperwork Reduction Act of 1995
E. National Environmental Policy Act (NEPA)
F. Civil Justice Reform (Executive Order 12988)
G. Executive Order 13132 (Federalism)
H. Plain Language Act of 2010
I. Public Participation
Interested persons are invited to participate in this rulemaking by
submitting written views, opinions, recommendations, and data. Comments
received, including attachments and other supporting materials, are
part of the public record and subject to public disclosure. Do not
include any information in your comment or supporting materials that
you do not wish to be disclosed publicly. Comments are invited on any
topic related to this DFR.
II. Authority for These Regulations
The primary authority supporting this rulemaking is section 361 of
the Public Health Service Act (42 U.S.C. 264). Section 361 authorizes
the Secretary of HHS to make and enforce regulations as in the
Secretary's judgment are necessary to prevent the introduction,
transmission, or spread of communicable diseases from foreign countries
into the states or possessions of the United States and from one state
or possession into any other state or possession. Regulations that
implement federal quarantine authority are currently promulgated in 42
CFR Parts 70 and 71. Part 71 contains regulations to prevent the
introduction, transmission, and spread of communicable diseases into
the states and possessions of the United States, while Part 70 contains
regulations to prevent the introduction, transmission, or spread of
communicable diseases from one state into another. The Secretary has
delegated to the Director of the Centers for Disease Control and
Prevention the authority for implementing these regulations.
Authority for carrying out most of these functions has been
delegated to HHS/CDC's Division of Global Migration and Quarantine
(DGMQ). The Secretary's authority to apprehend, examine, detain, and
conditionally release individuals is limited to those quarantinable
communicable diseases published in an Executive Order of the President.
This list currently includes cholera, diphtheria, infectious
tuberculosis (TB), plague, smallpox, yellow fever, and viral
hemorrhagic fevers, such as Marburg, Ebola, and Crimean-Congo
hemorrhagic fever (CCHF), Severe Acute Respiratory Syndrome (SARS), and
influenza caused by novel or re-emergent influenza viruses that are
causing or have the potential to cause a pandemic (see Executive Order
13295, as amended by Executive Order 13375 on April 1, 2005).
III. Rationale for DFR
Through this DFR, HHS/CDC is updating definitions to Part 70 to
reflect modern science and current practices. HHS/CDC has chosen to
publish a DFR because we view this as a non-controversial action and
anticipate no significant adverse comment. This DFR does not create any
additional requirements or burden upon the regulated community, nor
does it affect the current practices of HHS/CDC. A significant adverse
comment is one that explains: (1) Why the DFR is inappropriate,
including challenges to
[[Page 75882]]
the rule's underlying premise or approach; or (2) why the DFR will be
ineffective or unacceptable without a change. In determining whether a
comment necessitates withdrawal of the DFR, HHS/CDC will consider
whether it warrants a substantive response in a notice and comment
process. If we receive significant adverse comment on this DFR, we will
publish a timely withdrawal in the Federal Register informing the
public that the amendment in this rule will not take effect. If this
DFR is withdrawn, we will carefully consider all public comments before
proceeding with any subsequent final rule based on the NPRM which is
being published simultaneously in the Federal Register.
IV. Updates to Section 70.1
Regulations that implement federal authority for interstate
quarantine are currently promulgated in 42 CFR part 70. The Secretary
of HHS has delegated to the Director of the Centers for Disease Control
and Prevention the authority for implementing 42 CFR part 70.
Through this DFR, HHS/CDC proposes to update the Definitions for 42
CFR part 70, under section 70.1, to reflect modern terminology and
plain language commonly used by private sector industry and public
health partners, as well as clarify the intent of the provisions that
follow. Specifically, we are updating two existing definitions and
adding eight new definitions to clarify existing provisions, as well as
updating 70.6 to reflect the language of the most recent Executive
Order concerning quarantinable communicable diseases.
Section 70.1(b) contains the definitions used in this DFR. The DFR
proposes new or updated definitions to be consistent with modern
quarantine concepts and current medical and public health principles
and practice. Table 1 lists the current definitions found in 42 CFR
part 70 and the definitions proposed in this DFR.
Table 1--Definitions and Corresponding Changes in Definitions in the
Final Rule
------------------------------------------------------------------------
Existing definitions in 42 CFR part Corresponding, new or updated
70 definition in DFR
------------------------------------------------------------------------
CDC.
Communicable diseases.................. No Change.
Communicable period.................... No Change.
Conditional release.
Conveyance............................. No Change,
Director.
Incubation period...................... No Change.
Interstate traffic..................... No Change.
Isolation.
Master or Operator.
Possession............................. Updated.
Quarantine.
Quarantinable communicable
disease.
State.................................. Updated.
U.S Territory.
Vessel................................. No Change.
------------------------------------------------------------------------
A. Definitions Updated Under Section 70.1
Possession. To best add clarity to part 70, we have updated the
term ``possession'' to mean ``U.S. Territory'' and defined U.S.
Territory to include American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, and the U.S.
Virgin Islands. Currently, only Puerto Rico and the Virgin Islands are
explicitly listed in the definition. Thus, CDC is updating this
provision to explicitly list the other U.S. jurisdictions to which this
part applies.
State. To best add clarity to the regulations of part 70,
specifically where roles and responsibilities are outlined, we have
included a definition of ``state'' to mean any of the 50 states within
the United States, plus the District of Columbia.
B. Definitions Added to Section 70.1
CDC. We have defined ``CDC'' to mean the Centers for Disease
Control and Prevention within the Department of Health and Human
Services to clarify the provisions under part 70.
Conditional release. We have defined ``conditional release'' to
have the same meaning as ``surveillance,'' as that term is defined in
42 CFR Part 71. We have included this definition to best add clarity to
the provisions and practices under part 70, specifically section 70.6,
as well as to ensure that conditional release and surveillance are both
used consistently in both parts 70 and 71.
Director. To clarify the provisions under part 70, we have defined
``Director'' to mean the Director, Centers for Disease Control and
Prevention, Department of Health and Human Services, or another
authorized representative as approved by the CDC Director or the
Secretary of HHS.
Isolation. In this DFR, ``isolation'' is defined as the separation
of an individual or group reasonably believed to be infected with a
quarantinable communicable disease from those who are healthy to
prevent the spread of the quarantinable communicable disease. This DFR
clarifies the distinction between quarantine and isolation by
separately defining ``quarantine'' and ``isolation'' to distinguish
these common public health measures. Isolation, as currently used in 42
CFR 71.1, applies to both persons and groups of persons. Thus, CDC is
changing the definition in part 70 so that the term is used
consistently in both part 70 and 71. Applying isolation measures to
groups of individuals is consistent with CDC's current practice and
does not constitute a substantive change.
Master or Operator. This DFR defines ``Master'' or ``Operator'' as
the aircrew or sea crew member with responsibility respectively for
aircraft or vessel operation and navigation or a similar individual
with responsibility for a conveyance. We have included this definition
to better identify and assign responsibilities under this subpart
(according to current practices).
Quarantine. This DFR defines ``quarantine'' as the separation of an
individual or group reasonably believed to have been exposed to a
quarantinable communicable disease, but not yet ill,
[[Page 75883]]
from others who have not been so exposed, to prevent the possible
spread of the quarantinable communicable disease. In this DFR, HHS/CDC
is separately defining quarantine and isolation to distinguish these
common public health measures. Applying quarantine measures to groups
of individuals is consistent with HHS/CDC's current practice and does
not constitute a substantive change.
Quarantinable communicable disease. Under this DFR, ``quarantinable
communicable disease'' means any of the communicable diseases listed in
an Executive Order, as provided under section 361 of the Public Health
Service Act (42 U.S.C. 264). Executive Order 13295, of April 4, 2003,
as amended by Executive Order 13375 of April 1, 2005, contains the
current revised list of quarantinable communicable diseases, and may be
found at https://www.cdc.gov/quarantine and in the docket as
supplemental documents. If this Executive Order is amended, HHS/CDC
will enforce the amended order immediately and update its Web site. The
definition for ``quarantinable communicable disease'' is being added to
Part 70 through this DFR to reflect the most recent Executive Order
regarding quarantinable communicable disease. This addition does not
reflect a substantive change from current practice.
U.S. Territory. Under this DFR, ``U.S. Territory'' means any
territory (also known as possessions) of the United States including
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the U.S. Virgin Islands. The
Department of the Interior's Office of Insular Affairs, the federal
government's cognizant agency for U.S. territories, no longer uses the
term ``possession'' to refer to these jurisdictions. Consequently, HHS/
CDC is adding a new definition for U.S. territory consistent with
current federal usage.
V. Updates to Section 70.6
Section 70.6, Apprehension and detention of persons with specific
diseases, contains the general authority for the Director to take
measures with respect to persons to protect the public's health against
the spread of communicable diseases ``listed in an Executive Order
setting out a list of quarantinable communicable diseases, as provided
under section 361(b) of the Public Health Service Act.'' The current
section 71.32(a) lists Executive Order 13295, of April 4, 2003. The
subpart states that ``If this Order is amended, HHS will enforce that
amended order.'' On April 1, 2005, this Executive Order was amended by
Executive Order 13375. Therefore, as part of the non-controversial
changes in this DFR, we are also updating section 70.6 to reflect the
most recent amendment to the Executive Order which lists the
``quarantinable communicable disease'', which we have also defined.
These changes are not substantive and will not affect current
practices.
VI. Alternatives Considered
Under Executive Order 13563 agencies are asked to consider all
feasible alternatives to current practice and the rule as proposed.
HHS/CDC notes that the main impact of this proposed rule is to update
current definitions and clarify language in the current regulation to
reflect modern terminology and plain language commonly used by global
private sector industry and public health partners. The intent of these
updates is to clarify the provisions of the existing regulation to help
the regulated community comply with current regulation and protect
public health. HHS/CDC believes that this rulemaking complies with the
spirit of the Executive Order; updating current definitions, clarifying
language, and updating the referenced Executive Order provides good
alternatives to the current regulation.
VII. Required Regulatory Analyses
A. Required Regulatory Analyses Under Executive Orders 12866 and 13563
Under Executive Order 12866 (EO 12866), Regulatory Planning and
Review (58 FR 51735, October 4, 1993) HHS/CDC is required to determine
whether this regulatory action would be ``significant'' and therefore
subject to review by the Office of Management and Budget (OMB) and the
requirements of the Executive Orders. This order defines ``significant
regulatory action'' as any regulatory action that is likely to result
in a rule that may:
[ssquf] Have an annual effect on the economy of $100 million or
more or adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or state, local, or tribal governments or
communities;
[ssquf] Create a serious inconsistency or otherwise interfere with
an action taken or planned by another agency;
[ssquf] Materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs or the rights and obligations of
recipients; or,
[ssquf] Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
E.O. 12866.
Executive Order 13563 (E.O. 13563), Improving Regulation and
Regulatory Review, (76 FR 3821, January 21, 2011), updates some of the
provisions of E.O. 12866 in order to promote more streamlined
regulatory actions. This E.O. charges, in part, that, while protecting
``public health, welfare, safety, and our environment'' that
regulations must also ``promote predictability and reduce uncertainty''
in order to promote economic growth. Further, regulations must be
written in common language and be easy to understand. In the spirit of
E.O. 13563, this DFR enhances definitions related to the control of
communicable diseases and add more current medical terminology where
appropriate.
HHS/CDC has determined that this DFR is simply an update and
clarification of definitions and terms used in the current regulation.
As such, the DFR complies with the spirit of E.O. 13563. Further, HHS/
CDC has determined that this DFR is not a significant regulatory action
as defined in E.O. 12866 because the DFR is definitional and does not
change the baseline costs for any of the primary stakeholders.
B. Regulatory Flexibility Act
We have examined the impacts of the rule under the Regulatory
Flexibility Act (5 U.S.C. 601-612). Unless we certify that the rule is
not expected to have a significant economic impact on a substantial
number of small entities, the Regulatory Flexibility Act (RFA), as
amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA), requires agencies to analyze regulatory options that would
minimize any significant economic impact of a rule on small entities.
We certify that this rule will not have a significant economic impact
on a substantial number of small entities within the meaning of the
RFA.
C. Small Business Regulatory Enforcement Fairness Act of 1996
This DFR is not a major rule as defined by Sec. 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or more;
a major increase in cost or prices; or significant adverse effects on
competition, employment, investment, productivity, innovation, or on
the ability of United States-based companies to compete with foreign-
based companies in domestic and export markets.
[[Page 75884]]
D. The Paperwork Reduction Act of 1995
HHS/CDC has already determined that the Paperwork Reduction Act
applies to the data collection and record keeping requirements of 42
CFR part 70 and has obtained approval by the Office of Management and
Budget (OMB) to collect data and require record keeping under OMB
Control No. 0920-0488, expiration 03/31/2013. The changes in this rule
do not impact the data collection or record keeping requirements and do
not require revision to the approval from OMB.
E. National Environmental Policy Act (NEPA)
Pursuant to 48 FR 9374 (list of HHS/CDC program actions that are
categorically excluded from the NEPA environmental review process),
HHS/CDC has determined that this action does not qualify for a
categorical exclusion. In the absence of an applicable categorical
exclusion, the Director, CDC, has determined that provisions amending
42 CFR part 70 will not have a significant impact on the human
environment. Therefore, neither an environmental assessment nor an
environmental impact statement is required.
F. Civil Justice Reform (Executive Order 12988)
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under this rule: (1) All State and local laws and
regulations that are inconsistent with this rule will be preempted; (2)
no retroactive effect will be given to this rule; and (3)
administrative proceedings will not be required before parties may file
suit in court challenging this rule.
G. Executive Order 13132 (Federalism)
HHS/CDC has reviewed this rule in accordance with Executive Order
13132 regarding Federalism, and has determined that it does not have
``federalism implications.'' The rule does not ``have substantial
direct effects 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.''
H. Plain Language Act of 2010
Under Public Law 111-274 (October 13, 2010), executive Departments
and Agencies are required to use plain language in documents that
explain to the public how to comply with a requirement the Federal
Government administers or enforces. HHS/CDC has attempted to use plain
language in promulgating this rule consistent with the Federal Plain
Writing Act and requests public comment on this effort.
List of Subjects in Part 70
Communicable diseases, Isolation, Public health, Quarantine,
Quarantinable communicable disease.
Amended Text
For the reasons discussed in the preamble, the Centers for Disease
Control and Prevention amends 42 CFR part 70 as follows:
PART 70--INTERSTATE QUARANTINE
0
1. The authority citation for part 70 continues to read as follows:
Authority: Secs. 215 and 311 of the Public Health Service (PHS)
Act, as amended (42 U.S.C. 216, 243); section 361-369, PHS Act, as
amended (42 U.S.C. 264-272); 31 U.S.C. 9701.
0
2. Amend Sec. 70.1 as follows:
0
a. Remove paragraph designations (a), (b), (c), (d), (e), (f), and (g).
0
b. Add in alphabetical order definitions of CDC, Conditional release,
Director, Isolation, Master or Operator, Quarantine, Quarantinable
communicable disease, and U.S. Territory.
0
c. Revise the definitions of Possession and State. The revisions and
additions read as follows:
Sec. 70.1 General definitions.
* * * * *
CDC means the Centers for Disease Control and Prevention,
Department of Health and Human Services.
* * * * *
Conditional release means ``surveillance'' as that term is defined
in 42 CFR 71.1.
* * * * *
Director means the Director, Centers for Disease Control and
Prevention, Department of Health and Human Services, or another
authorized representative as approved by the CDC Director or the
Secretary of HHS.
* * * * *
Isolation means the separation of an individual or group reasonably
believed to be infected with a quarantinable communicable disease from
those who are healthy to prevent the spread of the quarantinable
communicable disease.
Master or Operator means the aircrew or sea crew member with
responsibility respectively for aircraft or vessel operation and
navigation, or a similar individual with responsibility for a
conveyance.
Possession means U.S. Territory.
Quarantine means the separation of an individual or group
reasonably believed to have been exposed to a quarantinable
communicable disease, but who are not yet ill, from others who have not
been so exposed, to prevent the possible spread of the quarantinable
communicable disease.
Quarantinable communicable disease means any of the communicable
diseases listed in an Executive Order, as provided under section 361 of
the Public Health Service Act. Executive Order 13295, of April 4, 2003,
as amended by Executive Order 13375 of April 1, 2005, contains the
current revised list of quarantinable communicable diseases, and may be
obtained at https://www.cdc.gov and https://www.archives.gov/federal_register. If this Order is amended, HHS will enforce that amended order
immediately and update that Web site.
State means any of the 50 states, plus the District of Columbia.
U.S. Territory means any territory (also known as possessions) of
the United States, including American Samoa, Guam, the Northern Mariana
Islands, the Commonwealth of Puerto Rico, and the U.S. Virgin Islands.
* * * * *
0
3. Revise Sec. 70.6 to read as follows:
Sec. 70.6 Apprehension and detention of persons with specific
diseases.
Regulations prescribed in this part authorize the detention,
isolation, quarantine, or conditional release of individuals, for the
purpose of preventing the introduction, transmission, and spread of the
communicable diseases listed in an Executive Order setting out a list
of quarantinable communicable diseases, as provided under section
361(b) of the Public Health Service Act. Executive Order 13295, of
April 4, 2003, as amended by Executive Order 13375 of April 1, 2005,
contains the current revised list of quarantinable communicable
diseases, and may be obtained at https://www.cdc.gov/quarantine and
https://www.archives.gov/federal_register. If this Order is amended,
HHS will enforce that amended order immediately and update its Web
site.
Dated: December 13, 2012.
Kathleen Sebelius
Secretary, Department of Health and Human Services.
[FR Doc. 2012-30729 Filed 12-21-12; 4:15 pm]
BILLING CODE 4163-18-P
