83_FR_24775 83 FR 24671 - Control of Communicable Diseases; Technical Correction

83 FR 24671 - Control of Communicable Diseases; Technical Correction

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Federal Register Volume 83, Issue 104 (May 30, 2018)

Page Range24671-24672
FR Document2018-11539

The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces a technical correction to the final rule published on July 10, 2017. The July 10, 2017, technical correction provided amendments to a final rule published on January 19, 2017, but contained an error. HHS/CDC is therefore submitting a new correction to correct that error.

Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24671-24672]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11539]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

42 CFR Part 71

[Docket No. CDC-2016-0068]
RIN 0920-AA63


Control of Communicable Diseases; Technical Correction

AGENCY: Centers for Disease Control and Prevention (CDC), Department of 
Health and Human Services (HHS).

ACTION: Final rule; correcting amendment.

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SUMMARY: The Centers for Disease Control and Prevention (CDC) in the 
Department of Health and Human Services (HHS) announces a technical 
correction to the final rule published on July 10, 2017. The July 10, 
2017, technical correction provided amendments to a final rule 
published on January 19, 2017, but contained an error. HHS/CDC is 
therefore submitting a new correction to correct that error.

DATES: This correcting amendment is effective May 30, 2018.

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 (82 FR 6890) that included several non-substantive errors. 
On July 10, 2017, HHS/CDC published a technical correction (82 FR 
31728) to correct errors made in the final rule. However, one new error 
was inadvertently created by including an instruction to change a word 
in the title of 42 CFR 71.5 dealing with vessels from ``voyage'' to 
``flight.'' HHS/CDC therefore, is publishing this correction notice 
amendment to fix the publication error that was made in the previous 
technical correction notice.
    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

[[Page 24672]]

opportunity for public comment. We have determined that it is 
unnecessary to provide prior notice and the opportunity for public 
comment because the technical correction being made, as discussed 
below, addresses only a minor publication error that does not 
substantially change agency actions taken in the final rule.
    Control of Communicable Diseases; Correction published at 82 FR 
31728 (July 10, 2017), included an error in the title of 42 CFR 71.5 
dealing with vessels by changing ``voyage'' to ``flight.'' We are now 
correcting the heading by amending it to read ``Sec.  71.5 Requirements 
relating to the transmission of vessel passenger, crew, and voyage 
information for public health purposes.'' This correction is minor, 
non-substantive, and therefore treated as if it had been included in 
the final rule published in the January 19, 2017, Federal Register.

Summary of Technical Corrections to 42 CFR 71 Foreign Quarantine

    The final rule contains a section relating to the transmission of 
passenger and crew information for vessels, Sec.  71.5. The technical 
correction published on July 10, 2017 (82 FR 31728), mistakenly changed 
the title of this section to, ``Requirements relating to the 
transmission of vessel passenger, crew and flight information for 
public health purposes.'' We are now correcting the heading for Sec.  
71.5 by changing ``flight'' to ``voyage'' because this section 
describes information pertaining to vessel voyages not aircraft 
flights.

List of Subjects in 42 CFR 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.  71.5, revise the section heading to read as follows:


Sec.  71.5  Requirements relating to the transmission of vessel 
passenger, crew, and voyage information for public health purposes.

* * * * *

    Dated: May 23, 2018.
Ann C. Agnew,
Executive Secretary, Department of Health and Human Services.
[FR Doc. 2018-11539 Filed 5-29-18; 8:45 am]
BILLING CODE 4163-18-P



                                                               Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations                                                24671

                                              consents in writing to the receipt of the               system, provided that such copies are                 must provide notification as required by
                                              hazardous secondary material, EPA will                  readily available for viewing and                     § 260.42 of this chapter.
                                              send an EPA Acknowledgment of                           production if requested by any EPA or                 *     *    *      *    *
                                              Consent to the hazardous secondary                      authorized state inspector. No                        [FR Doc. 2018–11578 Filed 5–29–18; 8:45 am]
                                              material generator. Where the country of                hazardous secondary material generator                BILLING CODE 6560–50–P
                                              import objects to receipt of the                        may be held liable for the inability to
                                              hazardous secondary material or                         produce a notification or
                                              withdraws a prior consent, EPA will                     Acknowledgement for inspection under                  DEPARTMENT OF HEALTH AND
                                              notify the hazardous secondary material                 this section if they can demonstrate that             HUMAN SERVICES
                                              generator in writing. EPA will also                     the inability to produce such copies are
                                              notify the hazardous secondary material                 due exclusively to technical difficulty               42 CFR Part 71
                                              generator of any responses from                         with EPA’s Waste Import Export
                                              countries of transit.                                                                                         [Docket No. CDC–2016–0068]
                                                                                                      Tracking System (WIETS), or its
                                                 (vii) For exports to OECD Member                     successor system for which the                        RIN 0920–AA63
                                              countries, the receiving country may                    hazardous secondary material generator
                                              respond to the notification using tacit                 bears no responsibility.                              Control of Communicable Diseases;
                                              consent. If no objection has been lodged                   (xi) Hazardous secondary material                  Technical Correction
                                              by any country of import or countries of                generators must file with the
                                              transit to a notification provided                                                                            AGENCY:  Centers for Disease Control and
                                                                                                      Administrator no later than March 1 of                Prevention (CDC), Department of Health
                                              pursuant to paragraph (a)(25)(i) of this                each year, a report summarizing the
                                              section within thirty (30) days after the                                                                     and Human Services (HHS).
                                                                                                      types, quantities, frequency and
                                              date of issuance of the                                                                                       ACTION: Final rule; correcting
                                                                                                      ultimate destination of all hazardous
                                              acknowledgement of receipt of                                                                                 amendment.
                                                                                                      secondary materials exported during the
                                              notification by the competent authority
                                                                                                      previous calendar year. Annual reports                SUMMARY:   The Centers for Disease
                                              of the country of import, the
                                                                                                      must be submitted electronically using                Control and Prevention (CDC) in the
                                              transboundary movement may
                                                                                                      EPA’s Waste Import Export Tracking                    Department of Health and Human
                                              commence. In such cases, EPA will send
                                                                                                      System (WIETS), or its successor                      Services (HHS) announces a technical
                                              an EPA Acknowledgment of Consent to
                                                                                                      system. Such reports must include the                 correction to the final rule published on
                                              inform the hazardous secondary
                                                                                                      following information:                                July 10, 2017. The July 10, 2017,
                                              material generator that the country of
                                              import and any relevant countries of                       (A) Name, mailing and site address,                technical correction provided
                                              transit have not objected to the                        and EPA ID number (if applicable) of                  amendments to a final rule published on
                                              shipment, and are thus presumed to                      the hazardous secondary material                      January 19, 2017, but contained an
                                              have consented tacitly. Tacit consent                   generator;                                            error. HHS/CDC is therefore submitting
                                              expires one (1) calendar year after the                    (B) The calendar year covered by the               a new correction to correct that error.
                                              close of the thirty (30) day period;                    report;                                               DATES: This correcting amendment is
                                              renotification and renewal of all                          (C) The name and site address of each              effective May 30, 2018.
                                              consents is required for exports after                  reclaimer and intermediate facility;                  FOR FURTHER INFORMATION CONTACT:
                                              that date.                                                 (D) By reclaimer and intermediate                  Jennifer Buigut, Division of Global
                                                 (viii) A copy of the EPA                             facility, for each hazardous secondary                Migration and Quarantine, Centers for
                                              Acknowledgment of Consent must                          material exported, a description of the               Disease Control and Prevention, 1600
                                              accompany the shipment. The shipment                    hazardous secondary material and the                  Clifton Road NE, MS–E03, Atlanta,
                                              must conform to the terms of the EPA                    EPA hazardous waste number that                       Georgia 30329. Telephone: (404) 498–
                                              Acknowledgment of Consent.                              would apply if the hazardous secondary                1600.
                                                 (ix) If a shipment cannot be delivered
                                                                                                      material was managed as hazardous                     SUPPLEMENTARY INFORMATION:       On
                                              for any reason to the reclaimer,
                                                                                                      waste, the DOT hazard class, the name                 January 19, 2017, HHS/CDC published a
                                              intermediate facility or the alternate
                                                                                                      and U.S. EPA ID number (where                         final rule (82 FR 6890) that included
                                              reclaimer or alternate intermediate
                                                                                                      applicable) for each transporter used,                several non-substantive errors. On July
                                              facility, the hazardous secondary
                                              material generator must re-notify EPA of                the total amount of hazardous secondary               10, 2017, HHS/CDC published a
                                              a change in the conditions of the                       material shipped and the number of                    technical correction (82 FR 31728) to
                                              original notification to allow shipment                 shipments pursuant to each notification;              correct errors made in the final rule.
                                              to a new reclaimer in accordance with                      (E) A certification signed by the                  However, one new error was
                                              paragraph (iii) of this section and obtain              hazardous secondary material generator                inadvertently created by including an
                                              another EPA Acknowledgment of                           which states: ‘‘I certify under penalty of            instruction to change a word in the title
                                              Consent.                                                law that I have personally examined and               of 42 CFR 71.5 dealing with vessels
                                                 (x) Hazardous secondary material                     am familiar with the information                      from ‘‘voyage’’ to ‘‘flight.’’ HHS/CDC
                                              generators must keep a copy of each                     submitted in this and all attached                    therefore, is publishing this correction
                                              notification of intent to export and each               documents, and that based on my                       notice amendment to fix the publication
                                              EPA Acknowledgment of Consent for a                     inquiry of those individuals                          error that was made in the previous
                                              period of three years following receipt                 immediately responsible for obtaining                 technical correction notice.
                                              of the EPA Acknowledgment of                            the information, I believe that the                      Section 553(b)(B) of the
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                                              Consent. They may satisfy this                          submitted information is true, accurate,              Administrative Procedure Act (APA), 5
                                              recordkeeping requirement by retaining                  and complete. I am aware that there are               U.S.C. 553(b)(B), provides that, when an
                                              electronically submitted notifications or               significant penalties for submitting false            agency for good cause finds that notice
                                              electronically generated                                information including the possibility of              and public procedure are impracticable,
                                              Acknowledgements in their account on                    fine and imprisonment.’’                              unnecessary, or contrary to the public
                                              EPA’s Waste Import Export Tracking                         (xii) All persons claiming an                      interest, the agency may issue a rule
                                              System (WIETS), or its successor                        exclusion under this paragraph (a)(25)                without providing notice and an


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                                              24672            Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations

                                              opportunity for public comment. We                        Dated: May 23, 2018.                                IV. Regulatory Analyses and Notices
                                              have determined that it is unnecessary                  Ann C. Agnew,
                                                                                                                                                            I. Executive Summary
                                              to provide prior notice and the                         Executive Secretary, Department of Health
                                              opportunity for public comment                          and Human Services.                                   A. Purpose of Regulatory Action
                                              because the technical correction being                  [FR Doc. 2018–11539 Filed 5–29–18; 8:45 am]
                                              made, as discussed below, addresses                     BILLING CODE 4163–18–P
                                                                                                                                                               This final rule establishes procedures
                                              only a minor publication error that does                                                                      by which FTA recipients contemplating
                                              not substantially change agency actions                                                                       public transportation capital projects
                                              taken in the final rule.                                                                                      may seek a waiver or modification of a
                                                                                                      DEPARTMENT OF TRANSPORTATION
                                                                                                                                                            mandatory FTA regulation, policy,
                                                 Control of Communicable Diseases;                                                                          procedure, or guidance document in
                                              Correction published at 82 FR 31728                     Federal Transit Administration
                                                                                                                                                            order to address impediments to the use
                                              (July 10, 2017), included an error in the                                                                     of public-private partnerships (P3s) and
                                              title of 42 CFR 71.5 dealing with vessels               49 CFR Part 650
                                                                                                                                                            private investment in public
                                              by changing ‘‘voyage’’ to ‘‘flight.’’ We                [Docket No. FTA–2016–0008]                            transportation capital projects. The
                                              are now correcting the heading by                                                                             Private Investment Project Procedures
                                                                                                      RIN 2132–AB27
                                              amending it to read ‘‘§ 71.5                                                                                  (PIPP) are intended to encourage project
                                              Requirements relating to the                            Private Investment Project Procedures                 sponsors to seek modifications of
                                              transmission of vessel passenger, crew,                                                                       Federal requirements such that the
                                              and voyage information for public                       AGENCY:  Federal Transit Administration
                                                                                                      (FTA), DOT.                                           modification will accelerate the project
                                              health purposes.’’ This correction is                                                                         development process, attract private
                                              minor, non-substantive, and therefore                   ACTION: Final rule.
                                                                                                                                                            investment and lead to increased project
                                              treated as if it had been included in the                                                                     management flexibility, more
                                              final rule published in the January 19,                 SUMMARY:   The Federal Transit
                                                                                                      Administration (FTA) is issuing a final               innovation, improved efficiency, and/or
                                              2017, Federal Register.                                                                                       new revenue streams.
                                                                                                      rule describing new, experimental
                                              Summary of Technical Corrections to                     procedures to encourage increased                     B. Statutory Authority
                                              42 CFR 71 Foreign Quarantine                            project management flexibility, more
                                                                                                      innovation in project funding, improved                  Section 20013(b)(1) of the Moving
                                                 The final rule contains a section                    efficiency, timely project                            Ahead for Progress in the 21st Century
                                              relating to the transmission of passenger               implementation, and new project                       Act (MAP–21), Public Law 112–141
                                              and crew information for vessels, § 71.5.               revenue streams for public                            (July 6, 2012), requires FTA to identify
                                              The technical correction published on                   transportation capital projects. A                    any provisions of 49 U.S.C. chapter 53,
                                              July 10, 2017 (82 FR 31728), mistakenly                 primary goal of this final rule is to                 and any regulations or practices
                                              changed the title of this section to,                   address impediments to the greater use                thereunder, that impede greater use of
                                              ‘‘Requirements relating to the                          of public-private partnerships and                    P3s and private investment. The law
                                              transmission of vessel passenger, crew                  private investment in public                          requires FTA to develop and
                                              and flight information for public health                transportation capital projects. FTA                  implement, on a project basis,
                                              purposes.’’ We are now correcting the                   anticipates using the lessons learned                 procedures and approaches that address
                                              heading for § 71.5 by changing ‘‘flight’’               from these experimental procedures to                 such impediments in a manner similar
                                              to ‘‘voyage’’ because this section                      develop more effective approaches to                  to the Federal Highway
                                              describes information pertaining to                     including private participation and                   Administration’s (FHWA) Special
                                              vessel voyages not aircraft flights.                    investment in project planning, project               Experimental Project Number 15
                                                                                                      development, finance, design,                         process (SEP–15), and protect the public
                                              List of Subjects in 42 CFR 71
                                                                                                      construction, maintenance, and                        interest and any public investment in
                                                 Apprehension, CDC, Communicable                      operations.                                           public transportation capital projects
                                              diseases, Conditional release, Director,                DATES:  The effective date of this final              that involve P3s or private investment.
                                              Ill person, Isolation, Non-invasive,                    rule is June 29, 2018.                                Section 20013(b)(5) of MAP–21 requires
                                              Public health emergency, Public health                  FOR FURTHER INFORMATION CONTACT: For                  FTA to issue a rule to carry out the
                                              prevention measures, Quarantine,                        program matters, Tom Yedinak, Private                 procedures and approaches developed
                                              Quarantinable Communicable Diseases.                    Sector Liaison, Office of Budget and                  under Section 20013(b)(1).
                                                                                                      Policy, (202) 366–5137 or                                In accordance with Section
                                              PART 71—FOREIGN QUARANTINE
                                                                                                      Tom.Yedinak@dot.gov. For legal                        20013(b)(6) of MAP–21, the PIPP may
                                                                                                      matters, Bonnie Graves, Attorney-                     not be used to waive any requirement
                                              ■ 1. The authority citation for part 71                 Advisor, Office of Chief Counsel, (202)               under the National Environmental
                                              continues to read as follows:                           366–4011 or Bonnie.Graves@dot.gov.                    Policy Act (NEPA), 42 U.S.C. 4321, et
                                                Authority: Secs. 215 and 311 of Public                SUPPLEMENTARY INFORMATION:                            seq.; 49 U.S.C. chapter 53 (including 49
                                              Health Service (PHS) Act, as amended (42                                                                      U.S.C. 5333); or any other provision of
                                              U.S.C. 216, 243); secs. 361–369, PHS Act, as            Table of Contents                                     Federal statute. Thus, the PIPP will
                                              amended (42 U.S.C. 264–272).                            I. Executive Summary                                  allow for innovations in project delivery
                                                                                                         A. Purpose of Regulatory Action                    while maintaining FTA’s stewardship
                                              ■ 2. In § 71.5, revise the section heading
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                                                                                                         B. Statutory Authority                             responsibilities. FTA expects the
                                              to read as follows:                                        C. Summary of Major Provisions                     lessons learned from projects approved
                                                                                                         D. Costs and Benefits
                                              § 71.5 Requirements relating to the                                                                           under the PIPP to aid FTA in
                                                                                                      II. Rulemaking Background
                                              transmission of vessel passenger, crew,
                                                                                                      III. Summary of NPRM Comments and FTA’s               developing more effective approaches to
                                              and voyage information for public health                      Responses                                       project planning, project development,
                                              purposes.                                                  A. General Comments                                finance, design, construction,
                                              *      *     *       *      *                              B. Section-by-Section Comments                     maintenance, and operations.


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Document Created: 2018-05-30 01:01:51
Document Modified: 2018-05-30 01:01:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendment.
DatesThis correcting amendment is effective May 30, 2018.
ContactJennifer 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 Citation83 FR 24671 
RIN Number0920-AA63

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