82 FR 31728 - Control of Communicable Diseases; Correction
DEPARTMENT OF HEALTH AND HUMAN SERVICES Federal Register Volume 82, Issue 130 (July 10, 2017)
Federal Register Volume 82, Issue 130 (July 10, 2017)
| Page Range | 31728-31729 | |
| FR Document | 2017-14393 |
[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)] [Rules and Regulations] [Pages 31728-31729] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14393] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 71 [Docket No. CDC-2016-0068] RIN 0920-AA63 Control of Communicable Diseases; Correction AGENCY: Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Final rule; correcting amendments. ----------------------------------------------------------------------- SUMMARY: The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces technical corrections to the final rule (82 FR 6890) published on January 19, 2017. These technical corrections remove grammatical errors, remove a reference to reports of deaths or illness by ``radio,'' change regulatory text to match previously updated and approved language, and amend a reporting date for a retrospective review so that the date does not coincide with a Federal holiday. DATES: These correcting amendments are effective July 10, 2017. FOR FURTHER INFORMATION CONTACT: Jennifer Buigut, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-E03, Atlanta, Georgia 30329. Telephone: (404) 498-1600. SUPPLEMENTARY INFORMATION: On January 19, 2017, HHS/CDC published a final rule that included some technical errors (82 FR 6890). HHS/CDC is correcting those technical errors in this document. A summary of those corrections follows below. Section 553(b)(B) of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), provides that, when an agency for good cause finds that notice and public procedure are impracticable, unnecessary, or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. We have determined that it is unnecessary to provide prior notice and the opportunity for public comment because the technical corrections being made, as discussed below, address only minor publication errors that do not substantially change agency actions taken in the final rule. For the same reasons we find good cause to make these corrections effective on publication. Summary of Technical Corrections to 42 CFR 71 Foreign Quarantine The final rule contains two sections, respectively, relating to the transmission of passenger and crew information for airlines and vessels, sections 71.4 and 71.5. Section 71.4 is titled, ``Requirements relating transmission of airline passenger, crew and flight information for public health purposes.'' Section 71.5 is titled, ``Requirements relating transmission of vessel passenger, crew, and voyage information for public health purposes.'' We are changing the title of 71.4 by adding ``to the'' in between ``relating'' and ``transmission'' and by adding a comma after ``crew.'' We are changing the title of 71.5 by adding ``to the'' in between ``relating'' and ``transmission.'' The final rule lists two different dates for a retrospective review report evaluating the burden of transmission of passenger and crew information for airlines and vessels. Section 71.4 lists February 18, 2019 while Section 71.5 lists February 21, 2019. Since February 18, 2019 is President's Day, a Federal holiday, and the Federal Register is not published on Federal holidays, we are changing the date of the report in Section 71.4 to February 21, 2019. In the preamble of both the proposed rule (81 FR 54230) and the final rule (82 FR 6890), HHS/CDC discussed deleting the term ``radio'' from Section 71.21 because the term is antiquated, but failed to make the change in the regulatory text. The term ``radio'' still appears in the regulatory text and in the Table of Contents. This technical correction deletes this term. Finally, also in Section 71.21, HHS/CDC is changing the term ``diarrhea'' to ``acute gastroenteritis (AGE).'' This change was discussed in the final rule and is consistent with the language found in CDC's Vessel Sanitation Program Manual. See https://www.cdc.gov/nceh/vsp/pub/pub.htm. List of Subjects in 42 CFR Part 71 Apprehension, CDC, Communicable diseases, Conditional release, Director, Ill person, Isolation, Non-invasive, Public health emergency, Public health prevention measures, Quarantine, Quarantinable communicable diseases. PART 71--FOREIGN QUARANTINE 0 1. The authority citation for part 71 continues to read as follows: Authority: Secs. 215 and 311 of Public Health Service (PHS) Act. as amended (42 U.S.C. 216, 243); secs. 361-369, PHS Act, as amended (42 U.S.C. 264-272). 0 2. In Sec. 71.4, amend the section heading and paragraph (c) to read as follows: Sec. 71.4 Requirements relating to the transmission of airline passenger, crew, and flight information for public health purposes. * * * * * (c) No later than February 21, 2019, the Secretary or Director will publish and seek comment on a report evaluating the burden of this section on affected entities and duplication of activities in relation to mandatory passenger data submissions to DHS/CBP. The report will specifically recommend actions that streamline and facilitate use and transmission of any duplicate information collected. 0 3. In Sec. 71.5, revise the section heading to read as follows: Sec. 71.5 Requirements relating to the transmission of vessel passenger, crew, and flight information for public health purposes. * * * * * 0 4. In Sec. 71.21, revise the section heading to read as follows: [[Page 31729]] Sec. 71.21 Report of death or illness. 0 5. In 71.21, revise paragraph (c) to read as follows: Sec. 71.21 Report of death or illness. * * * * * (c) In addition to paragraph (a) of this section, the master of a ship carrying 13 or more passengers must report 24 hours before arrival the number of cases (including zero) of acute gastroenteritis (AGE) in passengers and crew recorded in the ship's medical log during the current cruise. All cases of acute gastroenteritis (AGE) that occur after the 24 hour report must also be reported not less than 4 hours before arrival. * * * * * Dated: June 30, 2017. Thomas E. Price, Secretary, Department of Health and Human Services. [FR Doc. 2017-14393 Filed 7-7-17; 8:45 am] BILLING CODE 4163-18-P
![31728 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations
Dated: May 18, 2017. DATES: These correcting amendments changing the date of the report in
Michael L. Goodis, are effective July 10, 2017. Section 71.4 to February 21, 2019.
Director, Registration Division, Office of FOR FURTHER INFORMATION CONTACT: In the preamble of both the proposed
Pesticide Programs. Jennifer Buigut, Division of Global rule (81 FR 54230) and the final rule (82
Therefore, 40 CFR chapter I is Migration and Quarantine, Centers for FR 6890), HHS/CDC discussed deleting
amended as follows: Disease Control and Prevention, 1600 the term ‘‘radio’’ from Section 71.21
Clifton Road NE., MS–E03, Atlanta, because the term is antiquated, but
PART 180—[AMENDED] Georgia 30329. Telephone: (404) 498– failed to make the change in the
1600. regulatory text. The term ‘‘radio’’ still
■ 1. The authority citation for part 180 appears in the regulatory text and in the
continues to read as follows: SUPPLEMENTARY INFORMATION: On Table of Contents. This technical
Authority: 21 U.S.C. 321(q), 346a and 371. January 19, 2017, HHS/CDC published a correction deletes this term.
final rule that included some technical
■ 2. In § 180.511, add alphabetically the errors (82 FR 6890). HHS/CDC is Finally, also in Section 71.21, HHS/
commodity ‘‘Rice, grain’’ to the table in correcting those technical errors in this CDC is changing the term ‘‘diarrhea’’ to
paragraph (a); redesignate footnote 1 to document. A summary of those ‘‘acute gastroenteritis (AGE).’’ This
the table as footnote 2; and add a new corrections follows below. change was discussed in the final rule
footnote 1 to the table to read as follows: and is consistent with the language
Section 553(b)(B) of the
found in CDC’s Vessel Sanitation
§ 180.511 Buprofezin; tolerances for Administrative Procedure Act (APA), 5
Program Manual. See https://
residues. U.S.C. 553(b)(B), provides that, when an
www.cdc.gov/nceh/vsp/pub/pub.htm.
(a) * * * agency for good cause finds that notice
and public procedure are impracticable, List of Subjects in 42 CFR Part 71
Parts per unnecessary, or contrary to the public
Commodity Apprehension, CDC, Communicable
million interest, the agency may issue a rule
without providing notice and an diseases, Conditional release, Director,
opportunity for public comment. We Ill person, Isolation, Non-invasive,
* * * * * have determined that it is unnecessary Public health emergency, Public health
Rice, grain 1 .............................. 1.5 prevention measures, Quarantine,
to provide prior notice and the
opportunity for public comment Quarantinable communicable diseases.
* * * * *
because the technical corrections being
1 There
are no U.S. registrations as of July PART 71—FOREIGN QUARANTINE
made, as discussed below, address only
10, 2017 for use on rice.
minor publication errors that do not
* * * * * ■ 1. The authority citation for part 71
substantially change agency actions
continues to read as follows:
[FR Doc. 2017–14085 Filed 7–7–17; 8:45 am] taken in the final rule. For the same
BILLING CODE 6560–50–P reasons we find good cause to make Authority: Secs. 215 and 311 of Public
these corrections effective on Health Service (PHS) Act. as amended (42
publication. U.S.C. 216, 243); secs. 361–369, PHS Act, as
amended (42 U.S.C. 264–272).
DEPARTMENT OF HEALTH AND Summary of Technical Corrections to
HUMAN SERVICES ■ 2. In § 71.4, amend the section
42 CFR 71 Foreign Quarantine
heading and paragraph (c) to read as
42 CFR Part 71 The final rule contains two sections, follows:
[Docket No. CDC–2016–0068] respectively, relating to the transmission
§ 71.4 Requirements relating to the
of passenger and crew information for
RIN 0920–AA63 transmission of airline passenger, crew,
airlines and vessels, sections 71.4 and and flight information for public health
71.5. Section 71.4 is titled, purposes.
Control of Communicable Diseases; ‘‘Requirements relating transmission of
Correction * * * * *
airline passenger, crew and flight
information for public health purposes.’’ (c) No later than February 21, 2019,
AGENCY: Centers for Disease Control and
Section 71.5 is titled, ‘‘Requirements the Secretary or Director will publish
Prevention (CDC), Department of Health
relating transmission of vessel and seek comment on a report
and Human Services (HHS).
passenger, crew, and voyage evaluating the burden of this section on
ACTION: Final rule; correcting affected entities and duplication of
amendments. information for public health purposes.’’
We are changing the title of 71.4 by activities in relation to mandatory
SUMMARY: The Centers for Disease adding ‘‘to the’’ in between ‘‘relating’’ passenger data submissions to DHS/
Control and Prevention (CDC) in the and ‘‘transmission’’ and by adding a CBP. The report will specifically
Department of Health and Human comma after ‘‘crew.’’ We are changing recommend actions that streamline and
Services (HHS) announces technical the title of 71.5 by adding ‘‘to the’’ in facilitate use and transmission of any
corrections to the final rule (82 FR 6890) between ‘‘relating’’ and ‘‘transmission.’’ duplicate information collected.
published on January 19, 2017. These The final rule lists two different dates ■ 3. In § 71.5, revise the section heading
technical corrections remove for a retrospective review report to read as follows:
grammatical errors, remove a reference evaluating the burden of transmission of
to reports of deaths or illness by passenger and crew information for § 71.5 Requirements relating to the
nlaroche on DSK30NT082PROD with RULES
transmission of vessel passenger, crew,
‘‘radio,’’ change regulatory text to match airlines and vessels. Section 71.4 lists and flight information for public health
previously updated and approved February 18, 2019 while Section 71.5 purposes.
language, and amend a reporting date lists February 21, 2019. Since February
for a retrospective review so that the * * * * *
18, 2019 is President’s Day, a Federal
date does not coincide with a Federal holiday, and the Federal Register is not ■ 4. In § 71.21, revise the section
holiday. published on Federal holidays, we are heading to read as follows:
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![Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Rules and Regulations 31729
§ 71.21 Report of death or illness. FOR FURTHER INFORMATION CONTACT: achieve broad-based, measurable
■ 5. In 71.21, revise paragraph (c) to Danielle Shearer (410) 786–6617, Mary improvements in the quality of care
read as follows: Rossi-Coajou (410) 786–6051, or Maria furnished through the Medicare and
Hammel (410) 786–1775. Medicaid programs, while at the same
§ 71.21 Report of death or illness. SUPPLEMENTARY INFORMATION: time eliminating unnecessary
* * * * * procedural burdens on providers. We
(c) In addition to paragraph (a) of this I. Background believe that the overall approach of the
section, the master of a ship carrying 13 On October 9, 2014, we published the CoPs provides HHAs with greatly
or more passengers must report 24 hours proposed rule ‘‘Medicare and Medicaid enhanced flexibility. At the same time,
before arrival the number of cases Programs: Conditions of Participation we believe the new requirements help
(including zero) of acute gastroenteritis for Home Health Agencies’’ (hereinafter HHAs achieve needed and desired
(AGE) in passengers and crew recorded ‘‘October 2014 HHA CoPs proposed outcomes for patients, increasing patient
in the ship’s medical log during the rule’’) in the Federal Register (79 FR satisfaction with the services provided.
current cruise. All cases of acute 61164) and provided a 60 day comment II. Provisions of the Proposed
gastroenteritis (AGE) that occur after the period. On December 1, 2014, in Regulations
24 hour report must also be reported not response to public comments requesting
less than 4 hours before arrival. Following publication of the January
additional time to respond to the
2017 HHA CoPs final rule, we received
* * * * * proposed rule, we published a notice of
inquiries that represented a large
extension of the comment period (79 FR
Dated: June 30, 2017. number of HHAs requesting that the
71081), which extended the public
Thomas E. Price, agency delay the effective date for the
comment period for the October 2014 new HHA CoPs. The inquiries asserted
Secretary, Department of Health and Human HHA CoPs proposed rule an additional
Services. that HHAs were not able to effectively
30 days, from December 8, 2014 to implement the new CoPs until CMS
[FR Doc. 2017–14393 Filed 7–7–17; 8:45 am]
January 7, 2015. The vast majority of issued its revised Interpretive
BILLING CODE 4163–18–P commenters on the October 2014 HHA Guidelines (State Operations Manual,
CoPs proposed rule made suggestions CMS Pub. 100–07, Appendix B). In
related to the effective date of the final addition, one of the inquiries stated that
DEPARTMENT OF HEALTH AND rule (‘‘Medicare and Medicaid
HUMAN SERVICES HHAs were unable to effectively
Programs; Conditions of Participation implement the new CoPs until CMS
Centers for Medicare & Medicaid for Home Health Agencies’’, January 13, issued further sub-regulatory guidance
Services 2017, (82 FR 4504), hereinafter ‘‘January related to converting subunits to
2017 HHA CoPs final rule’’). branches or independent HHAs, which
42 CFR Parts 409, 410, 418, 440, 484, Commenters strongly expressed a need would impact 216 HHAs nationwide.
485 and 488 for a significant period of time to One of the inquiries cited the estimated
prepare for implementation of the new $300 million cost to implement the new
[CMS–3819–F2] rules, noting that HHAs would need to requirements as a reason for delaying
adjust resource allocation, staffing, and the effective date.
RIN 0938–AG81
potentially even infrastructure. We believe that the concerns
Medicare and Medicaid Programs; Recommended effective date time expressed in the inquiries have merit, so
Conditions of Participation for Home frames ranged from 6 months after in response to the concerns summarized
Health Agencies; Delay of Effective publication of the final rule to 5 years above, we published a proposed rule on
Date after publication of the final rule. The April 3, 2017 (82 FR 16150) entitled
most frequent recommendation received ‘‘Medicare and Medicaid Programs;
AGENCY: Centers for Medicare & was to finalize an effective date that was Conditions of Participation for Home
Medicaid Services (CMS), HHS. 1 year after the publication of the final Health Agencies; Delay of Effective
ACTION: Final rule; delay of effective rule. We agreed with commenters that it Date’’ to delay the effective date of the
date. was appropriate to allow additional January 2017 HHA CoPs final rule for an
time for HHAs to prepare for the additional 6 months. The effective date
SUMMARY: This final rule delays the changes being set forth in the HHA CoPs for the January 2017 HHA CoPs final
effective date for the final rule entitled final rule. Therefore, when we rule, which is currently set to become
‘‘Medicare and Medicaid Programs: published the January 2017 HHA CoPs effective on July 13, 2017, would be
Conditions of Participation for Home final rule in the Federal Register on delayed until January 13, 2018.
Health Agencies’’ published in the January 13, 2017, we finalized an We also proposed to make two
Federal Register on January 13, 2017 effective date of July 13, 2017 (that is, conforming changes to dates that appear
(82 FR 4504). The published effective 6 months after the final rule was in the regulations text of the January
date for the final rule was July 13, 2017, published in the Federal Register). 2017 HHA CoPs final rule. First, we
and this rule delays the effective date The January 2017 HHA CoPs final included a phase-in date for the
for an additional 6 months until January rule revised the CoPs that HHAs must requirements at § 484.65(d)—‘‘Standard:
13, 2018. This final rule also includes meet in order to participate in the Performance improvement projects.’’
two conforming changes to dates that Medicare and Medicaid programs. The This phase-in date allowed HHAs an
are included in the regulations text. requirements focus on the care additional 6 months after the January
DATES: The effective date of the final delivered to patients by HHAs, reflect 2017 HHA CoPs final rule became
nlaroche on DSK30NT082PROD with RULES
rule published on January 13, 2017 (82 an interdisciplinary view of patient effective to collect data before
FR 4504) is delayed until January 13, care, allow HHAs greater flexibility in implementing data-driven performance
2018. Additionally, the conforming meeting quality care standards, and improvement projects. We continue to
amendments (to § 484.65 and § 484.115) eliminate unnecessary procedural believe that it is appropriate to phase-
in this rule are effective January 13, requirements. These changes are an in the performance improvement project
2018. integral part of our overall effort to requirement 6 months after the
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Document Created: 2017-07-08 00:55:36
Document Modified: 2017-07-08 00:55:36
| 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; correcting amendments. | |
| Dates | These correcting amendments are effective July 10, 2017. | |
| Contact | Jennifer Buigut, Division of Global Migration and Quarantine, Centers for Disease Control and Prevention, 1600 Clifton Road NE., MS-E03, Atlanta, Georgia 30329. Telephone: (404) 498-1600. | |
| FR Citation | 82 FR 31728 | |
| RIN Number | 0920-AA63 | |
| CFR Associated | Apprehension; Cdc; Communicable Diseases; Conditional Release; Director; Ill Person; Isolation; Non-Invasive; Public Health Emergency; Public Health Prevention Measures; Quarantine and Quarantinable Communicable Diseases |
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