35878 Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart TT—Utah 

■ 2. Amend § 52.2320 by adding 

paragraph (c)(70) to read as follows: 

§ 52.2320 Identification of plan. 

* * * * * 

(c) * * * 

(70) On February 22, 1999, the 

Governor submitted revisions to the 

Ozone Maintenance Provisions for Salt 

Lake and Davis Counties, Section IX, 

Part D.2 of the Utah State 

Implementation Plan (SIP). EPA is 

approving the revisions except for the 

following: the revisions to Section 

IX.D.2.h(2) of the SIP, ‘‘Determination of 

Contingency Action Level,’’ which EPA 

is disapproving; the revisions to the 

remainder of Section IX.D.2.h, which 

were superseded by revisions to the SIP 

that EPA approved at § 52.2320(c)(56); 

and the revisions to Sections IX.D.2.b, 

IX.D.2.d(1)(a), IX.D.2.e(1), IX.D.2.f(1)(a), 

IX.D.2.i, and IX.D.2.j, which were 

superseded by revisions to the SIP that 

EPA approved at § 52.2320(c)(56). 

(i) [Reserved] 

(ii) Additional material. 

(A) Ozone Maintenance Provisions for 

Salt Lake and Davis Counties, Section 

IX, Part D.2 that was adopted by the Air 

Quality Board on June 3, 1998 and 

submitted by the Governor on February 

22, 1999. 

[FR Doc. 2012–14668 Filed 6–14–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

42 CFR Part 71 

[Docket No. CDC–2012–0003] 

RIN 0920–AA47 

Establishment of User Fees for 

Filovirus Testing of Nonhuman Primate 

Liver Samples 

AGENCY: Centers for Disease Control and 

Prevention (HHS/CDC), Department of 

Health and Human Services (HHS). 

ACTION: Correcting amendment. 

SUMMARY: On February 10, 2012, the 

Centers for Disease Control and 

Prevention (CDC), within the 

Department of Health and Human 

Services (HHS) published a Direct Final 

Rule (DFR) that solicited public 

comment on the establishment of user 

fees for filovirus testing of all 

nonhuman primates that die during the 

HHS/CDC-required 31-day quarantine 

period for any reason other than trauma. 

That document incorrectly listed the 

effective date as March 12, 2012. On 

February 10, 2012, HHS/CDC also 

published in the Federal Register a 

companion Notice of Proposed 

Rulemaking (NPRM) (77 FR 7109) that 

proposed identical filovirus testing and 

user fee requirements. In both the DFR 

and NPRM, HHS/CDC indicated that if 

it did not receive any significant adverse 

comments by April 10, 2012, it would 

publish a document in the Federal 

Register withdrawing the NPRM and 

confirming the effective date of the DFR 

within 30 days after the end of the 

comment period. 

Because of the error in effective date 

the DFR took effect prior to the 

expiration of the comment period. 

Because of this error and due to 

receiving significant adverse public 

comments, HHS/CDC is amending 42 

CFR 71.53 by removing paragraph (j) 

which will have the same effect as the 

withdrawal of the DFR. HHS/CDC will 

carefully review the comments received 

on the notice of proposed rulemaking 

published on February 10, 2012. 

DATES: This action is effective June 15, 

2012. 

FOR FURTHER INFORMATION CONTACT: For 

questions concerning this document: 

Ashley A. Marrone, JD, Centers for 

Disease Control and Prevention, 1600 

Clifton Road NE., Mailstop E–03, 

Atlanta, Georgia 30333; telephone 404– 

498–1600. For information concerning 

program operations: Dr. Robert Mullan, 

Centers for Disease Control and 

Prevention, 1600 Clifton Road NE., 

Mailstop E–03, Atlanta, Georgia 30333; 

telephone 404–498–1600. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2012 HHS/CDC published 

a Direct Final Rule (DFR) (77 FR 6971) 

amending 42 CFR 71.53 by adding a 

new paragraph (j) to establish a user fee 

for filovirus testing of nonhuman 

primates. HHS/CDC took this action 

because (1) testing is no longer being 

offered by the only private, commercial 

laboratory that previously performed 

these tests and (2) we believed that 

these requirements were noncontroversial and unlikely to generate 

significant adverse comment. The DFR 

incorrectly listed the effective date as 

March 12, 2012. On February 10, 2012, 

HHS/CDC also published a companion 

Notice of Proposed Rulemaking (NPRM) 

(77 FR 7109) that proposed identical 

filovirus testing and user fee 

requirements in the Federal Register. In 

both the DFR and NPRM, HHS/CDC 

indicated that if it did not receive any 

significant adverse comments by April 

10, 2012, it would publish a document 

in the Federal Register withdrawing the 

notice of proposed rulemaking and 

confirming the effective date of the 

direct final rule within 30 days after the 

end of the comment period. Because of 

the error in effective date the DFR took 

effect prior to the expiration of the 

comment period. 

HHS/CDC is now amending 42 CFR 

71.53 by removing paragraph (j) which 

will have the same effect as if HHS/CDC 

had withdrawn the DFR. HHS/CDC is 

taking this action because of the error in 

effective date and due to having 

received significant adverse public 

comments. HHS/CDC will carefully 

review the comments received on the 

notice of proposed rulemaking 

published on February 10, 2012. 

List of Subjects in 42 CFR Part 71 

Communicable diseases, Public 

health, Quarantine, Reporting and 

recordkeeping requirements, Testing, 

User fees. 

Accordingly, 42 CFR part 71 is 

corrected by making the following 

correcting amendment: 

PART 71—FOREIGN QUARANTINE 

■ 1. The authority citation for part 71 

continues to read as follows: 

Authority: Secs. 215 and 311 of the Public 

Health Service (PHS) Act, as amended (42 

U.S.C. 216, 243); section 361–369, PHS Act, 

as amended (42 U.S.C. 264–272); 31 U.S.C. 

9701. 

§ 71.53 [Amended] 

■ 2. Effective June 15, 2012, amend 

§ 71.53 by removing paragraph (j). 

Dated: June 6, 2012. 

Kathleen Sebelius, 

Secretary. 

[FR Doc. 2012–14603 Filed 6–14–12; 8:45 am] 

BILLING CODE 4163–18–P 


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