Federal Register / Vol. 76, No. 242 / Friday, December 16, 2011 / Proposed Rules 78215 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This rule is not subject to Executive 

Order 13045 because it does not involve 

decisions intended to mitigate 

environmental health or safety risks. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

Section 12 of the NTTAA of 1995 

requires Federal agencies to evaluate 

existing technical standards when 

developing a new regulation. To comply 

with NTTAA, EPA must consider and 

use ‘‘voluntary consensus standards’’ 

(VCS) if available and applicable when 

developing programs and policies 

unless doing so would be inconsistent 

with applicable law or otherwise 

impractical. 

EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: December 8, 2011. 

A. Stanley Meiburg, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2011–32272 Filed 12–15–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 73 

[Docket Number CDC–2011–0012] 

RIN 0920–AA34 

Possession, Use, and Transfer of 

Select Agents and Toxins; Biennial 

Review; Proposed Rule 

AGENCY: Centers for Disease Control and 

Prevention (CDC), Department of Health 

and Human Services (HHS). 

ACTION: Proposed rule; reopening of 

comment period. 

SUMMARY: On October 3, 2011, the 

Centers for Disease Control (CDC), 

located within the Department of Health 

and Human Services (HHS) published a 

Notice of Proposed Rulemaking (NPRM) 

in the Federal Register (76 FR 61206) 

requesting public comment on the 

appropriateness of the current HHS and 

Overlap list of select agents and toxins 

including whether there are other agents 

or toxins that should be added to the 

HHS or Overlap list or whether agents 

or toxins currently on the HHS or 

Overlap list should be deleted from the 

list; the appropriateness of the proposed 

tiering of the select agents and toxins 

list; whether minimum standards for 

personnel reliability, physical and cyber 

security should be prescribed for 

identified Tier 1 agents; and any other 

aspect of the proposed amendments to 

the select agent regulations. The 

comment period closed on December 2, 

2011. Since we would like to allow 

interested persons additional time to 

prepare and submit comments, we are 

reopening the comment period for the 

NPRM. 

DATES: Written comments must be 

received on or before January 17, 2012. 

ADDRESSES: You may submit comments, 

identified by Regulatory Information 

Number (RIN), 0920–AA34 in the 

heading of this document by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Centers for Disease Control 

and Prevention, Select Agent Program, 

1600 Clifton Road NE., Mailstop A–46, 

Atlanta, Georgia 30333, Attn: RIN 0920– 

AA34. 

Instructions: All submissions received 

must include the agency name and RIN 

for this rulemaking. All relevant 

comments received will be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. 

Docket Access: For access to the 

docket to read background documents 

or comments received or to download 

an electronic version of the NPRM, go 

to http://www.regulations.gov. 

Comments will be available for public 

inspection Monday through Friday, 

except for legal holidays, from 9 a.m. 

until 5 p.m. at 1600 Clifton Road NE., 

Atlanta, GA 30333. Please call ahead to 

1–866–694–4867 and ask for a 

representative in the Division of Select 

Agents and Toxins to schedule your 

visit. Our general policy for comments 

and other submissions from members of 

the public is to make these submissions 

available for public viewing on the 

Internet as they are received and 

without change. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Weyant, Director, Division of 

Select Agents and Toxins, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE., MS A–46, Atlanta, 

Georgia 30333. Telephone: (404) 718– 

2000. 

SUPPLEMENTARY INFORMATION: On 

October 3, 2011, the Centers for Disease 

Control (CDC), located within the 

Department of Health and Human 

Services (HHS) published a Notice of 

Proposed Rulemaking (NPRM) in the 

Federal Register (76 FR 61206) 

requesting public comment on (1) The 

appropriateness of the current HHS and 

Overlap list of select agents and toxins 

including whether there are other agents 

or toxins that should be added to the 

HHS or Overlap list or whether agents 

or toxins currently on the HHS or 

Overlap list should be deleted from the 

list; (2) the appropriateness of the 

proposed tiering of the select agents and 

toxins list; (3) whether minimum 

standards for personnel reliability, 

physical and cyber security should be 

prescribed for identified Tier 1 agents; 

and (4) any other aspect of the proposed 

amendments to the select agent 

regulations. The comment period closed 

on December 2, 2011. Since we would 

like to allow interested persons 

additional time to prepare and submit 

comments, we are reopening the 

comment period for its NPRM. We will 

also consider all comments we receive 

between December 2, 2011 and the date 

of this notice. 

Dated: December 13, 2011. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2011–32361 Filed 12–15–11; 8:45 am] 

BILLING CODE 4163–18–P 


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