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HHS/CDC RIN: 0920-AA63 Publication ID: Fall 2016 
Title: Control of Communicable Diseases 
Abstract:

This rule clarifies data collection requirements for airline passengers and crew, codifies current practice, clarifies HHS/CDC's authority to implement non-invasive public health screenings at U.S. ports of entry and other U.S. locations; and adds appeal provisions for persons served with a Federal public health order (e.g., quarantine) with due process, including clarification of reasons, processes, and reassessments.

 
Agency: Department of Health and Human Services(HHS)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
EO 13771 Designation: uncollected 
CFR Citation: 42 CFR 70    42 CFR 71   
Legal Authority: sec. 361 of the Public Health Service Act (42 U.S.C. 264 to 265)   
Legal Deadline:  None

Statement of Need:

The need for this proposed rulemaking was reinforced during HHS/CDC’s response to the largest outbreak of Ebola virus disease (Ebola) on record, followed by the recent outbreak of Middle East Respiratory Syndrome (MERS) in South Korea, both quarantinable communicable diseases, and repeated outbreaks and responses to measles, a non-quarantinable communicable disease of public health concern, in the United States. The provisions contained within this proposal will enhance HHS/CDC’s ability to prevent the further importation and spread of communicable diseases into the United States and interstate by clarifying and providing greater transparency regarding its response capabilities and practices. 

Summary of the Legal Basis:

The primary legal authority supporting this rulemaking is sections 361 and 362 of the Public Health Service Act (42 U.S.C. 264, 265).

Alternatives:

None.  The main impact of the proposals within this rule is to strengthen our regulations by codifying statutory language to describe HHS/CDC’s authority to prevent the introduction, transmission, and spread of communicable diseases. The intent of these proposed updates is to best protect U.S. public health and to inform the regulated community of these updates.

 

Anticipated Costs and Benefits:

The analysis of estimated costs and benefits of this rule has 4 components: 1) costs and benefits for submitting passenger and crew information to CDC; 2) costs and benefits associated with improved transparency of how HHS/CDC uses its regulatory authorities to protect public health; 3) transfer payments by HHS/CDC for treatment and care; and 4) the impact of the proposed provision suspending the entry of animals, articles, or things from designated foreign countries and places into the United States.  

Risks:

If this regulation is not published, HHS/CDC’s ability to prevent the further importation and spread of communicable diseases into the United States and interstate will be limited; current regulatory language will not be clarified; and there will be less transparency to the public regarding HHS/CDC’s response capabilities and practices.

Timetable:
Action Date FR Cite
NPRM  08/15/2016  81 FR 54230   
NPRM Comment Period End  10/14/2016 
Final Rule  12/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Agency Contact:
Ashley Marrone
Public Health Analyst
Department of Health and Human Services
Centers for Disease Control and Prevention
1600 Clifton Road NE., MS-E03,
Atlanta, GA 30329
Phone:404 498-1600
Email: amarrone@cdc.gov