[Federal Register Volume 68, Number 69 (Thursday, April 10, 2003)]
[Rules and Regulations]
[Pages 17558-17560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8736]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Public Health Service

42 CFR Parts 70 and 71

RIN 0920-AA03


Control of Communicable Diseases

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

ACTION: Interim final rule with comment period.

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SUMMARY: The Public Health Service Act authorizes the Secretary, in 
consultation with the Surgeon General, to make and enforce regulations 
as are necessary to prevent the introduction, transmission or spread of 
communicable diseases from foreign countries into the States or 
possessions, or from one State or possession into any other State or 
possession. The existing regulations are outdated and do not address 
communicable diseases that currently pose a substantial public health 
threat.
    As of April 2, 2003, the World Health Organization (WHO) has 
reported 2236 cases and 78 deaths related to outbreaks of a severe form 
of pneumonia of unknown origin in Hong Kong SAR, Vietnam, Guangdong 
province in southern China, Canada, Singapore, and Thailand, which 
appears to have spread rapidly. For this reason, the Director General 
of the World Health Organization (WHO) issued a global alert about 
cases of atypical pneumonia and recommended that travelers with 
atypical pneumonia who may be related to these outbreaks be placed into 
isolation and assessed by quarantine officials. The Centers for Disease 
Control and Prevention (CDC) is currently investigating 85 suspected 
cases of the disease in the United States. This is being issued as an 
interim final rule because this newly-detected disease is likely spread 
in person-to-person fashion and may have an adverse public

[[Page 17559]]

health impact if further introduced into the United States.

DATES: This rule is effective on April 10, 2003. Comments must be 
submitted by June 9, 2003.

ADDRESSES: Mail written comments to the following address: Jennifer 
Brooks, National Center for Infectious Diseases, Centers for Disease 
Control and Prevention, 1600 Clifton Road, NE., Atlanta, GA 30333; 
telephone (404) 639-2763. Mail written comments on the proposed 
information collection requirements to Office of Information and 
Regulatory Affairs, OMB, New Executive Office Building, 725 17th 
Street, NW., rm. 10235, Washington, DC 20503, Attn: Desk Officer for 
CDC.

FOR FURTHER INFORMATION CONTACT: James E. Barrow, National Center for 
Infectious Diseases (E03), Centers for Disease Control and Prevention, 
1600 Clifton Road, NE., Atlanta, GA 30333; telephone (404) 498-1604.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    This interim final rule, which was reviewed by the Office of 
Management and Budget in accordance with Executive Order 12866, is 
being promulgated in accordance with U.S.C. 42 section 264 (section 361 
of the PHS Act) which authorizes the Secretary, in consultation with 
the Surgeon General, to make and enforce regulations as are necessary 
to prevent the introduction, transmission or spread of communicable 
diseases from foreign countries into the States or possessions, or from 
one State or possession into any other State or possession. The 
quarantine of persons believed to be infected with communicable 
diseases is a public health prevention measure that has been used 
effectively to contain the spread of disease. The existing regulations 
are outdated and do not address communicable diseases that currently 
pose a substantial public health threat.
    The Public Health Service Act gives the Secretary of HHS 
responsibility for preventing the introduction, transmission, and 
spread of communicable diseases from foreign countries into the United 
States and from one State or possession into another within the United 
States. Under its delegated authority, the CDC Division of Global 
Migration and Quarantine is empowered to detain, medically examine, or 
conditionally release individuals suspected of carrying a communicable 
disease. The list of quarantinable diseases is contained in an 
Executive Order of the President.

Waiver of Prior Notice and Comment and Waiver of Delay in Effective 
Date

    This rule is being issued on an interim final basis with no prior 
notice and comment and no delay in effective date. As of April 2, 2003, 
the WHO has reported 2236 cases and 78 deaths of severe pneumonia-like 
illness of unknown origin in a growing number of countries. Several 
countries, including Canada, Hong Kong SAR, and Singapore have 
instituted maximum health measures, including quarantine, to prevent 
the further spread of the disease. The CDC is currently investigating 
85 suspected cases of the disease in the United States. While no deaths 
have been reported in the United States, the potentially fatal disease 
is likely spread in person-to-person fashion and may have an adverse 
public health impact if further spread. Accordingly, appropriate public 
health control measures including quarantine need to be available 
immediately to protect against this threat.

Changes to 42 CFR Parts 70 and 71

    Following is a summary of changes to the current regulations:

Sections modified:
    70.6 Apprehension and detention of persons with specific diseases.
    71.32 Persons, carriers, and things.

Plain Language Instructions

    We try to write clearly. If you can suggest how to improve the 
clarity of these regulations, call or write Jennifer Brooks at the 
address listed above.

List of Subjects

42 CFR Part 70

    Communicable diseases, Public health, Quarantine, Reporting and 
recordkeeping requirements, Travel restrictions.

42 CFR Part 71

    Airports, Animals, Communicable diseases, Harbors, Imports, 
Pesticides and pests, Public health, Quarantine, Reporting and 
recordkeeping requirements.

0
For the reasons stated in the preamble, we are amending 42 CFR part 70 
and Part 71 as follows.

PART 70--INTERSTATE QUARANTINE

0
1. The authority for part 70 is revised 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. Revise Section 70.6 to read as follows:


Sec.  70.6  Apprehension and detention of persons with specific 
diseases.

    Regulations prescribed in this part authorize the detention, 
isolation, quarantine, or conditional release of individuals, for the 
purpose of preventing the introduction, transmission, and spread of the 
communicable diseases listed in an Executive Order setting out a list 
of quarantinable communicable diseases, as provided under section 
361(b) of the Public Health Service Act. Executive Order 13295, of 
April 4, 2003, contains the current revised list of quarantinable 
communicable diseases, and may be obtained at http://www.cdc.gov, or at 
http://www.archives.gov/federal_register. If this Order is amended, 
HHS will enforce that amended order immediately and update this 
reference.

PART 71--FOREIGN QUARANTINE

0
1. The authority for part 71 is revised 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. Revise Section 71.32 to read as follows:


Sec.  71.32  Persons, carriers, and things

    (a) Whenever the Director has reason to believe that any arriving 
person is infected with or has been exposed to any of the communicable 
diseases listed in an Executive Order, as provided under section 361(b) 
of the Public Health Service Act, he/she may isolate, quarantine, or 
place the person under surveillance and may order disinfection or 
disinfestation, fumigation, as he/she considers necessary to prevent 
the introduction, transmission or spread of the listed communicable 
diseases. Executive Order 13295, of April 4, 2003, contains the current 
revised list of quarantinable communicable diseases, and may be 
obtained at http://www.cdc.gov and http://www.archives.gov/federal_register. If this Order is amended, HHS will enforce that amended order 
immediately and update this reference.
    (b) Whenever the Director has reason to believe that any arriving 
carrier or article or thing on board the carrier is or may be infected 
or contaminated with a communicable disease, he/she may require 
detention, disinfection, disinfestation, fumigation, or other related 
measures respecting the carrier or article or thing as he/she considers 
necessary to prevent the introduction, transmission, or spread of 
communicable diseases.


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    Dated: April 4, 2003.
Tommy G. Thompson,
Secretary.
[FR Doc. 03-8736 Filed 4-8-03; 12:42 pm]
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