82 FR 10718 - Control of Communicable Diseases; Delay of Effective Date
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 82, Issue 30 (February 15, 2017)
Federal Register Volume 82, Issue 30 (February 15, 2017)
| Page Range | 10718-10719 | |
| FR Document | 2017-03042 |
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)] [Rules and Regulations] [Pages 10718-10719] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-03042] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES [Docket No. CDC-2016-0068] 42 CFR Parts 70 and 71 RIN 0920-AA63 Control of Communicable Diseases; Delay of Effective Date AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Final rule; delay of effective date. ----------------------------------------------------------------------- SUMMARY: The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces a change in the effective date of the final rule titled ``Control of Communicable Diseases'' that was published on January 19, 2017. This action is undertaken in accordance with the memorandum of January 20, [[Page 10719]] 2017 from the Assistant to the President and Chief of Staff entitled ``Regulatory Freeze Pending Review.'' DATES: The effective date of the final rule amending 42 CFR parts 70 and 71 published January 19, 2017 (82 FR 6890) is delayed to March 21, 2017. FOR FURTHER INFORMATION CONTACT: Martin S. Cetron, M.D., Director, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS E-03, Atlanta, Georgia, 30329. Phone: (404) 498-1600. Email: [email protected]. SUPPLEMENTARY INFORMATION: On January 19, 2017, HHS/CDC published a final rule titled ``Control of Communicable Diseases'' (82 FR 6890) with an effective date of February 21, 2017. With this document, HHS/ CDC announces a new effective date for this final rule of March 21, 2017. HHS/CDC bases this action on the Presidential directive expressed in the memorandum of January 20, 2017 from the Assistant to the President and Chief of Staff entitled ``Regulatory Freeze Pending Review.'' This memorandum directed the heads of Executive Departments and Agencies to temporarily postpone for sixty days from the date of the memorandum the effective dates of all regulations that had been published in the Federal Register but had not yet taken effect. Dated: February 9, 2017. Norris Cochran, Acting Secretary, Department of Health and Human Services. [FR Doc. 2017-03042 Filed 2-14-17; 8:45 am] BILLING CODE 4163-18-P
![10718 Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
simply said ‘‘Good.’’ The other two subject to OMB approval under the List of Subjects in 40 CFR Part 180
comments noted general concerns about Paperwork Reduction Act (PRA) (44 Environmental protection,
approving ‘‘more herbicides and U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure,
pesticides from Dow, Bayer, and any special considerations under Agricultural commodities, Pesticides
Monsanto’’ and the toxicity of this Executive Order 12898, entitled and pests, Reporting and recordkeeping
chemical, stating, in part, that ‘‘food ‘‘Federal Actions to Address requirements.
should not be contaminated with these Environmental Justice in Minority
chemicals.’’ The Agency recognizes that Populations and Low-Income Dated: January 13, 2017.
some individuals believe that pesticides Populations’’ (59 FR 7629, February 16, Michael Goodis,
should be banned on agricultural crops; 1994). Acting Director, Registration Division, Office
however, the existing legal framework of Pesticide Programs.
Since tolerances and exemptions that
provided by section 408 of the Federal are established on the basis of a petition Therefore, 40 CFR chapter I is
Food, Drug and Cosmetic Act (FFDCA) under FFDCA section 408(d), such as amended as follows:
states that tolerances may be set when the tolerance in this final rule, do not
persons seeking such tolerances or PART 180—[AMENDED]
require the issuance of a proposed rule,
exemptions have demonstrated that the
the requirements of the Regulatory ■ 1. The authority citation for part 180
pesticide meets the safety standard
Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows:
imposed by that statute. EPA has
seq.), do not apply.
assessed the effects of this chemical on Authority: 21 U.S.C. 321(q), 346a and 371.
human health and determined that This action directly regulates growers,
aggregate exposure to it will be safe. food processors, food handlers, and food ■ 2. In § 180.565, add alphabetically the
These comments provide no retailers, not States or tribes, nor does commodity ‘‘Banana’’ to the table in
information to support a different this action alter the relationships or paragraph (a) and revise footnote 1 to
conclusion. distribution of power and read as follows:
responsibilities established by Congress § 180.565 Thiamethoxam; tolerances for
D. Revisions to Petitioned-For in the preemption provisions of FFDCA
Tolerances residues.
section 408(n)(4). As such, the Agency
(a) * * *
The submitted banana field trial data has determined that this action will not
support a tolerance of 0.03 ppm, instead have a substantial direct effect on States Parts per
of the petitioned-for tolerance of 0.04 or tribal governments, on the Commodity million
ppm, in whole bananas. The petitioner relationship between the national
used a combined limit of quantitation government and the States or tribal
(LOQ) different from that used by the governments, or on the distribution of * * * * *
Agency for the input dataset of the power and responsibilities among the Banana 1 ............................... 0.03
Organization for Economic Cooperation various levels of government or between
* * * * *
and Development (OECD) tolerance the Federal Government and Indian
calculation procedure. The combined tribes. Thus, the Agency has determined 1 There
are no U.S. registrations for these
LOQ used by EPA resulted in a that Executive Order 13132, entitled commodities as of February 15, 2017.
recommended tolerance of 0.03 ppm. ‘‘Federalism’’ (64 FR 43255, August 10, * * * * *
V. Conclusion 1999) and Executive Order 13175, [FR Doc. 2017–03075 Filed 2–14–17; 8:45 am]
entitled ‘‘Consultation and Coordination BILLING CODE 6560–50–P
Therefore, a tolerance is established with Indian Tribal Governments’’ (65 FR
for residues of thiamethoxam, including 67249, November 9, 2000) do not apply
its metabolites and degradates, in or on to this action. In addition, this action
banana at 0.03 ppm. DEPARTMENT OF HEALTH AND
does not impose any enforceable duty or HUMAN SERVICES
VI. Statutory and Executive Order contain any unfunded mandate as
Reviews described under Title II of the Unfunded [Docket No. CDC–2016–0068]
Mandates Reform Act (UMRA) (2 U.S.C.
This action establishes a tolerance 1501 et seq.). 42 CFR Parts 70 and 71
under FFDCA section 408(d) in
response to a petition submitted to the This action does not involve any RIN 0920–AA63
Agency. The Office of Management and technical standards that would require
Agency consideration of voluntary Control of Communicable Diseases;
Budget (OMB) has exempted these types Delay of Effective Date
of actions from review under Executive consensus standards pursuant to section
Order 12866, entitled ‘‘Regulatory 12(d) of the National Technology AGENCY: Centers for Disease Control and
Planning and Review’’ (58 FR 51735, Transfer and Advancement Act Prevention (CDC), Department of Health
October 4, 1993). Because this action (NTTAA) (15 U.S.C. 272 note). and Human Services (HHS).
has been exempted from review under VII. Congressional Review Act ACTION: Final rule; delay of effective
Executive Order 12866, this action is date.
not subject to Executive Order 13211, Pursuant to the Congressional Review
entitled ‘‘Actions Concerning Act (5 U.S.C. 801 et seq.), EPA will SUMMARY: The Centers for Disease
Regulations That Significantly Affect submit a report containing this rule and Control and Prevention (CDC) in the
mstockstill on DSK3G9T082PROD with RULES
Energy Supply, Distribution, or Use’’ (66 other required information to the U.S. Department of Health and Human
FR 28355, May 22, 2001) or Executive Senate, the U.S. House of Services (HHS) announces a change in
Order 13045, entitled ‘‘Protection of Representatives, and the Comptroller the effective date of the final rule titled
Children from Environmental Health General of the United States prior to ‘‘Control of Communicable Diseases’’
Risks and Safety Risks’’ (62 FR 19885, publication of the rule in the Federal that was published on January 19, 2017.
April 23, 1997). This action does not Register. This action is not a ‘‘major This action is undertaken in accordance
contain any information collections rule’’ as defined by 5 U.S.C. 804(2). with the memorandum of January 20,
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![Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations 10719
2017 from the Assistant to the President FOR FURTHER INFORMATION CONTACT: effect on the economy of $100,000,000
and Chief of Staff entitled ‘‘Regulatory Tyler Wood, General Counsel, Federal or more; (2) a major increase in costs or
Freeze Pending Review.’’ Maritime Commission, 800 North prices; or (3) significant adverse effects
DATES: The effective date of the final Capitol Street NW., Room 1018, on competition, employment,
rule amending 42 CFR parts 70 and 71 Washington, DC 20573, (202) 523–5740. investment, productivity, innovation, or
published January 19, 2017 (82 FR 6890) SUPPLEMENTARY INFORMATION: This rule the ability of United States-based
is delayed to March 21, 2017. adjusts the civil monetary penalties companies to compete with foreign-
FOR FURTHER INFORMATION CONTACT: assessable by the Commission in based companies. 5 U.S.C. 804(2).
Martin S. Cetron, M.D., Director, accordance with the 2015 Act, which
Regulatory Flexibility Act
Division of Global Migration and became effective on November 2, 2015.
Quarantine, Centers for Disease Control The 2015 Act further amended the The Regulatory Flexibility Act
and Prevention, 1600 Clifton Road NE., Federal Civil Penalties Inflation (codified as amended at 5 U.S.C. 601–
MS E–03, Atlanta, Georgia, 30329. Adjustment Act of 1990 (FCPIAA), 612) provides that whenever an agency
Phone: (404) 498–1600. Email: Public Law 101–410, 104 Stat. 890 promulgates a final rule after being
dgmqpolicyoffice@cdc.gov. (codified as amended at 28 U.S.C. 2461 required to publish a notice of proposed
SUPPLEMENTARY INFORMATION: On note), in order to improve the rulemaking under the APA (5 U.S.C.
January 19, 2017, HHS/CDC published a effectiveness of civil monetary penalties 553), the agency must prepare and make
final rule titled ‘‘Control of and to maintain their deterrent effect. available a final regulatory flexibility
Communicable Diseases’’ (82 FR 6890) The 2015 Act requires agencies to analysis (FRFA) describing the impact
with an effective date of February 21, adjust CMPs under their jurisdiction by of the rule on small entities. 5 U.S.C.
2017. With this document, HHS/CDC January 15, 2017, based on changes in 604. As indicated above, this final rule
announces a new effective date for this the consumer price index (CPI–U) using is not subject to the APA’s notice and
final rule of March 21, 2017. data from October in the previous comment requirements, and the
HHS/CDC bases this action on the calendar year. On December 16, 2016, Commission is not required to prepare
Presidential directive expressed in the Office of Management and Budget an FRFA in conjunction with this final
memorandum of January 20, 2017 from published guidance stating that the CPI– rule.
the Assistant to the President and Chief U multiplier for October 2016 is
of Staff entitled ‘‘Regulatory Freeze 1.01636.1 In order to complete the Paperwork Reduction Act
Pending Review.’’ This memorandum adjustment for January 2017, agencies
must multiply the most recent civil The Paperwork Reduction Act of 1995
directed the heads of Executive (44 U.S.C. 3501–3521) requires an
Departments and Agencies to penalty amounts in 46 CFR part 506,
i.e., those that include the catch-up agency to seek and receive approval
temporarily postpone for sixty days from the Office of Management and
from the date of the memorandum the adjustment required by the 2015 Act by
1.01636.2 For the Commission, this Budget (OMB) before collecting
effective dates of all regulations that had information from the public. 44 U.S.C.
been published in the Federal Register means applying the multiplier to the
penalty amounts set forth in the 3507. The agency must submit
but had not yet taken effect. collections of information in rules to
Commission’s June 30, 2016 interim
Dated: February 9, 2017. final rule, which went into effect on OMB in conjunction with the
Norris Cochran, August 1, 2016.3 publication of the notice of proposed
Acting Secretary, Department of Health and rulemaking. 5 CFR 1320.11. This final
Human Services. Rulemaking Analyses and Notices rule does not contain any collections of
[FR Doc. 2017–03042 Filed 2–14–17; 8:45 am] Notice and Effective Date information, as defined by 44 U.S.C.
BILLING CODE 4163–18–P 3502(3) and 5 CFR 1320.3(c).
Adjustments under the FCPIAA, as
amended by the 2015 Act, are not Regulation Identifier Number
subject to the procedural rulemaking
FEDERAL MARITIME COMMISSION requirements of the Administrative The Commission assigns a regulation
Procedure Act (APA) (5 U.S.C. 553), identifier number (RIN) to each
46 CFR Part 506 regulatory action listed in the Unified
including the requirements for prior
[Docket No. 17–01] notice, an opportunity for comment, and Agenda of Federal Regulatory and
a delay between the issuance of a final Deregulatory Actions (Unified Agenda).
RIN 3072–4C67
rule and its effective date.4 As noted The Regulatory Information Service
Inflation Adjustment of Civil Monetary above, the 2015 Act requires that the Center publishes the Unified Agenda in
Penalties Commission adjust its CMPs no later April and October of each year. You
than January 15 of each year. may use the RIN contained in the
AGENCY: Federal Maritime Commission. heading at the beginning of this
ACTION: Final rule. Congressional Review Act document to find this action in the
The rule is not a ‘‘major rule’’ as Unified Agenda, available at http://
SUMMARY: The Commission is defined by the Congressional Review www.reginfo.gov/public/do/
publishing its adjustments to inflation Act, codified at 5 U.S.C. 801 et seq. The eAgendaMain.
annually, pursuant to the Federal Civil rule will not result in: (1) An annual
Penalties Inflation Adjustment Act List of Subjects in 46 CFR Part 506
mstockstill on DSK3G9T082PROD with RULES
Improvements Act of 2015 (2015 Act). 1 Office of Management and Budget, M–17–11,
The 2015 Act requires that agencies Implementation of the 2017 annual adjustment
Administrative practice and
adjust and publish their civil penalties pursuant to the Federal Civil Penalties Inflation procedure, Penalties.
by January 15th each year. Adjustment Act Improvements Act of 2015, at 1
(Dec. 16, 2016) (M–17–11). For the reasons stated in the
DATES: This rule is effective on February 2 Id. at 2–3. preamble, Part 506 of title 46 of the
15, 2017, and is applicable beginning 3 81 FR 42552. Code of Federal Regulations is amended
January 15, 2017. 4 FCPIAA § 4(b)(2); M–17–11 at 2. as follows:
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Document Created: 2017-02-15 00:54:56
Document Modified: 2017-02-15 00:54:56
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule; delay of effective date. | |
| Dates | The effective date of the final rule amending 42 CFR parts 70 and 71 published January 19, 2017 (82 FR 6890) is delayed to March 21, 2017. | |
| Contact | Martin S. Cetron, M.D., Director, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS E-03, Atlanta, Georgia, 30329. Phone: (404) 498-1600. Email: [email protected] | |
| FR Citation | 82 FR 10718 | |
| RIN Number | 0920-AA63 | |
| CFR Citation | 42
CFR
70 42 CFR 71 |
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