Federal Register/Vol. 77, No. 28/Friday, February 10, 2012
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Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Proposed Rules 7109 ADDRESSES: You may submit comments, DEPARTMENT OF HEALTH AND ADDRESSES: You may submit comments, identified by RIN 1250–AA02, by any of HUMAN SERVICES identified by ‘‘RIN 0920–AA47’’: By any the following methods: of the following methods: 42 CFR Part 71 • Federal eRulemaking Portal: • Internet: Access the Federal e- www.regulations.gov. Follow the [Docket No. CDC–2012–0002] rulemaking portal at http:// instructions for submitting comments. RIN 0920–AA47 www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 693–1304 (for comments of six pages or less). Establishment of User Fees for • Mail: Division of Global Migration Filovirus Testing of Nonhuman Primate and Quarantine, Centers for Disease • Mail: Debra A. Carr, Director, Liver Samples Control and Prevention, 1600 Clifton Division of Policy, Planning, and Road NE., MS–03, Atlanta, Georgia AGENCY: Centers for Disease Control and Program Development, Office of Federal 30333, ATTN: NHP NPRM. Contract Compliance Programs, Room Prevention (CDC), Department of Health C–3325, 200 Constitution Avenue NW., and Human Services (HHS). Instructions: All submissions received Washington, DC 20210. ACTION: Notice of Proposed Rulemaking must include the agency name and and request for comments. docket number or Regulation Identifier FOR FURTHER INFORMATION CONTACT: Number (RIN) for this rulemaking. All Debra A. Carr, Director, Division of SUMMARY: Through this Notice of comments will be posted without Policy, Planning and Program Proposed Rulemaking (NPRM), the change to http://regulations.gov, Development, Office of Federal Contract Centers for Disease Control and including any personal information Compliance Programs, 200 Constitution Prevention (CDC), located within the provided. For detailed instructions on Avenue NW., Room C–3325, Department of Health and Human submitting comments and additional Washington, DC 20210. Telephone: Services (HHS) is proposing to establish information on the rulemaking process, (202) 693–0103 (voice) or (202) 693– a user fee for filovirus testing of all see the ‘‘Public Participation’’ heading 1337 (TTY). nonhuman primates that die during the of the SUPPLEMENTARY INFORMATION HHS/CDC-required 31-day quarantine section of this document. SUPPLEMENTARY INFORMATION: On period for any reason other than trauma. Docket: For access to the docket to December 9, 2011, OFCCP published a We propose to establish a filovirus read background documents or proposed rule entitled, ‘‘Affirmative testing service at HHS/CDC because comments received, please go to Action and Nondiscrimination testing is no longer being offered by the http://www.regulations.gov. Comments Obligations of Contractors and only private, commercial laboratory that will be available for public inspection Subcontractors Regarding Individuals previously performed these tests. This Monday through Friday, except for legal with Disabilities’’ (76 FR 77056). OFCCP testing service will be funded through holidays, from 9 a.m. until 5 p.m., was to receive comments on this NPRM user fees. Elsewhere in this issue of the Eastern Time, at 1600 Clifton Road NE., Federal Register, HHS/CDC is on or before February 7, 2012. Atlanta, Georgia 30333. Please call simultaneously publishing a companion Various organizations and entities ahead to 1–866–694–4867 and ask for a direct final rule that proposes identical submitted requests to extend the representative in the Division of Global filovirus testing and user fee comment period by an additional 90 Migration and Quarantine (DGMQ) to requirements in this Federal Register days or more. We considered these schedule your visit. To download an because it believes that these requests and determined that it is electronic version of the rule, access requirements are non-controversial and appropriate to provide an additional 14- http://www.regulations.gov. unlikely to generate significant adverse day period for comment on the comment. If HHS/CDC does not receive FOR FURTHER INFORMATION CONTACT: For proposed regulation. We are, therefore, any significant adverse comment on the questions concerning this notice of extending the comment period until, direct final rule within the specified proposed rulemaking: Ashley A. Tuesday, February 21, 2012. comment period, it will publish a notice Marrone, JD, Centers for Disease Control Extension of Comment Period: OFCCP in the Federal Register withdrawing and Prevention, 1600 Clifton Road NE., determined that the public could use this notice of proposed rulemaking and Mailstop E–03, Atlanta, Georgia 30333; additional time to review the potential confirming the effective date of the telephone 404 498–1600. For impact of the proposed requirements. direct final rule within 30 days after the information concerning program Therefore, to allow the public sufficient end of the comment period on the direct operations: Dr. Robert Mullan, Centers time to review and comment on the final rule. If HHS/CDC receives any for Disease Control and Prevention, NPRM, OFCCP is extending the timely significant adverse comment, it 1600 Clifton Road NE., Mailstop E–03, comment period until February 21, will withdraw the direct final rule in Atlanta, Georgia 30333; telephone 404 2012. part or in whole by publication of a 498–1600. notice in the Federal Register within 30 SUPPLEMENTARY INFORMATION: This Signed at Washington, DC, this 6th day of days after the comment period ends and preamble is organized as follows: February, 2012. proceed with notice and comment Patricia A. Shiu, under this notice of proposed I. Public Participation Director, Office of Federal Contract rulemaking. A significant adverse II. Background Compliance Programs. comment is one that explains: Why the III. Rationale for Proposal IV. User Fee [FR Doc. 2012–3106 Filed 2–7–12; 11:15 am] direct final rule is inappropriate, V. Services and Activities Covered by This BILLING CODE 4510–45–P including challenges to the rule’s underlying premise or approach; or why User Fees VI. Analysis of User Fee Charge (Cost to the direct final rule will be ineffective Government) or unacceptable without a change. VII. Payment Instructions DATES: Submit written or electronic VIII. Regulatory Analysis comments by April 10, 2012. IX. References VerDate Mar<15>2010 20:17 Feb 09, 2012 Jkt 226001 PO 00000 Frm 00105 Fmt 4702 Sfmt 4702 E:\FR\FM\10FEP1.SGM 10FEP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 7110 Federal Register / Vol. 77, No. 28 / Friday, February 10, 2012 / Proposed Rules I. Public Participation occur, with hemorrhagic manifestations development of improved laboratory Interested persons are invited to ranging from petechiae to frank tests. As indicated in the 1990 notice, participate in this rulemaking by bleeding. Death occurs primarily as a importers were informed of these submitting written views, opinions, result of multi-organ failures. There is changes by letter from HHS/CDC (6). recommendations, and data. Comments no specific therapy, and patient The current special-permit notice received, including attachments and management is usually limited to requires filovirus antigen-detection other supporting materials, are part of supportive measures. The disease in testing on liver specimens from any the public record and subject to public nonhuman primates is very similar to NHP that dies during quarantine for that in humans, with a very high reasons other than trauma (7, 8). disclosure. Do not include any mortality. Antibody testing is also required on information in your comment or On January 19, 1990, in response to surviving NHPs that exhibit signs of supporting materials that you do not the identification of Ebola-Reston virus possible filovirus infection before the wish to be disclosed publicly. in NHPs imported from the Philippines, cohort is released from quarantine (9). Comments are invited on any topic HHS/CDC published interim guidelines Since October 10, 1975, HHS/CDC has directly related to this proposed rule. for handling NHPs during transit and prohibited the importation of NHPs II. Background also during quarantine (1). Importers of except for scientific, educational, or NHPs were informed by letter from the exhibition purposes. Over time, various Filoviruses belong to a family of HHS/CDC Director on March 15, 1990, measures (e.g., reports, letters, viruses known to cause severe that they must comply with specific guidelines, notices), have been used to hemorrhagic fever in humans and isolation and quarantine standards support implementation of these nonhuman primates (NHPs). So far, only under 42 CFR part 71 for continued regulations. On January 5, 2011, HHS/ two members of this virus family have registration as an importer of NHPs (2). CDC posted a Notice of Proposed been identified: Ebola virus and On March 23, 1990, HHS/CDC held a Rulemaking (NPRM) to begin the Marburg virus. Five species of Ebola meeting at CDC headquarters in Atlanta, process of revising these requirements. virus have been acknowledged: Zaire, Georgia, at which the public could The NPRM was intended to solicit Sudan, Reston, Ivory Coast, and comment on new guidelines for the public comment and feedback on the Bundibugyo. Most strains of Ebola virus importation of NHPs and the potential issue of NHP importation to determine can be highly fatal in humans, and impact of a temporary ban on the the need for further rulemaking. Please while the Reston strain is the only strain importation of cynomolgus