Notice2021-14383
Extension of Designation of Scarce Materials or Threatened Materials Subject to COVID-19 Hoarding Prevention Measures; Extension of Effective Date With Modifications
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2021
Effective
July 1, 2021
Issuing agencies
Health and Human Services Department
Abstract
The Department of Health and Humans Services (HHS) provides notice of the extension of the designation issued on February 1, 2021, under Executive Order 13910 (Executive Order) and section 102 of the Defense Production Act of 1950 (the Act), as amended, designating health and medical resources necessary to respond to the spread of the virus associated with Coronavirus Disease 2019 (COVID-19) that are scarce or the supply of which would be threatened by excessive accumulation by people or entities not needing the excess supplies. These designated materials are subject to the hoarding prevention measures authorized under the Executive Order and the Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 127 (Wednesday, July 7, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 127 (Wednesday, July 7, 2021)]
[Notices]
[Pages 35810-35812]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14383]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Extension of Designation of Scarce Materials or Threatened
Materials Subject to COVID-19 Hoarding Prevention Measures; Extension
of Effective Date With Modifications
AGENCY: Department of Health and Human Services (HHS).
ACTION: Temporary notice; solicitation of comments.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Humans Services (HHS) provides
notice of the extension of the designation issued on February 1, 2021,
under Executive Order 13910 (Executive Order) and section 102 of the
Defense Production Act of 1950 (the Act), as amended, designating
health and medical resources necessary to respond to the spread of the
virus associated with Coronavirus Disease 2019 (COVID-19) that are
scarce or the supply of which would be threatened by excessive
accumulation by people or entities not needing the excess supplies.
These designated materials are subject to the hoarding prevention
measures authorized under the Executive Order and the Act.
DATES: This action took effect on July 1, 2021, and terminates on
November 15, 2021. To be assured consideration, comments on this
extension and update to the list of scarce or threatened materials must
be received at the address provided below by August 6, 2021.
ADDRESSES: In commenting, please refer to Paige Ezernack: 202-260-0365;
[[Page 35811]]
<a href="/cdn-cgi/l/email-protection#2252434b45470c475847504c434149624a4a510c454d54"><span class="__cf_email__" data-cfemail="d4a4b5bdb3b1fab1aeb1a6bab5b7bf94bcbca7fab3bba2">[email protected]</span></a>. Comments, including mass comment submissions,
must be submitted electronically. You may submit electronic comments on
this regulation to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the ``Submit a
comment'' instructions.
FOR FURTHER INFORMATION CONTACT: Paige Ezernack: 202-260-0365;
<a href="/cdn-cgi/l/email-protection#daaabbb3bdbff4bfa0bfa8b4bbb9b19ab2b2a9f4bdb5ac"><span class="__cf_email__" data-cfemail="2c5c4d454b49024956495e424d4f476c44445f024b435a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On March 23, 2020, and in response to the
spread of the virus associated with COVID-19, President Trump signed
Executive Order 13910 (Executive Order) to prevent hoarding of health
and medical resources necessary to respond to the spread of COVID-19
within the United States. As provided in the Executive Order, it is the
policy of the United States that health and medical resources needed to
respond to the spread of COVID-19, such as personal protective
equipment and sanitizing and disinfecting products, are appropriately
distributed. This policy furthers the goal of protecting the Nation's
healthcare systems from undue strain.
Through the Executive Order, the President delegated, to the
Secretary of Health and Human Services (the Secretary), his authority
under section 102 of the Defense Production Act of 1950, 50 U.S.C.
4512, as amended (the Act), to prevent hoarding of health and medical
resources necessary to respond to the spread of COVID-19 within the
United States, and his authority to implement the Act in subsection III
of chapter 55 of title 50, United States Code (50 U.S.C. 4554, 4555,
4556, and 4560). Under this delegation and the Act, the Secretary may
designate such resources as scarce materials or materials the supply of
which would be threatened by such accumulation (threatened materials).
The Secretary may also prescribe conditions with respect to
accumulation of such materials in excess of the reasonable demands of
business, personal, or home consumption. The Act prohibits any person
or entity from accumulating designated materials (1) in excess of the
reasonable demands of business, personal, or home consumption, or (2)
for the purpose of resale at prices in excess of prevailing market
prices.
The March 25 Designation Notice issued by HHS designates scarce
materials or threatened materials that are subject to the hoarding
prevention measures authorized under the Executive Order and the Act.
See 85 FR 17592. (Mar. 30, 2020). Under 50 U.S.C. 4552(13), the term
``materials'' includes: (A) Any raw materials (including minerals,
metals, and advanced processed materials), commodities, articles,
components (including critical components), products, and items of
supply; and (B) any technical information or services ancillary to the
use of any such materials, commodities, articles, components, products,
or items. For purposes of the March 25 Designation Notice, the term
``scarce materials or threatened materials'' means health or medical
resources, or any of their essential components, determined by the
Secretary to be needed to respond to the spread of COVID-19 and which
are, or are likely to be, in short supply or the supply of which would
be threatened by hoarding. 85 FR at 17592. Designated scarce materials
or threatened materials are subject to periodic review by the
Secretary.
The designation is not subject to the Administrative Procedure Act
(APA). See 50 U.S.C. 4559(a) (providing an exemption from the APA).
Pursuant to 50 U.S.C. 4559(b)(2), the Secretary finds that, in light of
the current pandemic and need to ensure Americans have access to
critical and life-saving health resources, urgent and compelling
circumstances make compliance with public comment requirements
impracticable prior to issuance. This temporary Notice is therefore
effective immediately upon issuance, but the Secretary will provide an
opportunity for 30 days of public comment before finalizing. See id.
The March 25 Designation Notice was scheduled to terminate 120 days
from the date of publication, unless superseded by a subsequent notice.
Given the ongoing pandemic, the Secretary finds good cause to extend
the March 25 Designation Notice, as modified by the June 30, 2020, July
30, 2020, and February 1, 2021 notices, through November 15, 2021. The
Secretary also finds good cause to remove the following materials from
the list because they are no longer scarce or threatened materials:
1. In FR Doc. 2020-06641 of March 30, 2020 (85 FR 17592), remove
the following text:
1. N-95 Filtering Facepiece Respirators, including devices that are
disposable half-face-piece non-powered air-purifying particulate
respirators intended for use to cover the nose and mouth of the wearer
to help reduce wearer exposure to pathogenic biological airborne
particulates
2. Other Filtering Facepiece Respirators (e.g., those designated as
N99, N100, R95, R99, R100, or P95, P99, P100), including single-use,
disposable half-mask respiratory protective devices that cover the
user's airway (nose and mouth) and offer protection from particulate
materials at an N95 filtration efficiency level per 42 CFR 84.181
3. Elastomeric, air-purifying respirators and appropriate particulate
filters/cartridges
4. Powered Air Purifying Respirator (PAPR)
5. Portable Ventilators, including portable devices intended to
mechanically control or assist patient breathing by delivering a
predetermined percentage of oxygen in the breathing gas
6. Sterilization services for any device as defined in section 201(h)
of the Federal Food, Drug, and Cosmetic Act (FD&C Act) and sterilizers
as defined in 21 CFR 880.6860, 880.6870, and 880.6880, including
devices that already have FDA marketing authorization and those that do
not have FDA marketing authorization but are intended for the same
uses, or are authorized by FDA under section 564 of the FD&C Act for
purposes of decontamination
7. Disinfecting devices intended to kill pathogens and other kinds of
microorganisms by chemical means or physical means, including those
defined in 21 CFR 876.1500, 880.6992, and 892.1570 and other sanitizing
and disinfecting products suitable for use in a clinical setting.
9. Personal protective equipment (PPE) coveralls, e.g., Tyvek Suits
10. Face masks, including any masks that cover the user's nose and
mouth and may or may not meet fluid barrier or filtration efficiency
levels
11. Surgical masks, including masks that covers the user's nose and
mouth and provides a physical barrier to fluids and particulate
materials
12. PPE face shields, including those defined at 21 CFR 878.4040 and
those intended for the same purpose
13. PPE gloves or surgical gloves, including those defined at 21 CFR
880.6250 (exam gloves) and 878.4460 (surgical gloves) and such gloves
intended for the same purposes
14. Ventilators, anesthesia gas machines modified for use as
ventilators, and positive pressure breathing devices modified for use
as ventilators (collectively referred to as ``ventilators''),
ventilator tubing connectors, and ventilator accessories as those terms
are
[[Page 35812]]
described in FDA's March 2020 Enforcement Policy for Ventilators and
Accessories and Other Respiratory Devices During the Coronavirus
Disease 2019 (COVID-19) Public Health Emergency located at <a href="https://www.fda.gov/media/136318/">https://www.fda.gov/media/136318/</a> download.
17. Alcohol-based (over 60 percent) hand sanitizer and rubs.
Notice of Designation of Scarce Materials or Threatened Materials
Health or medical resources, or any of their essential components,
determined by the Secretary of HHS to be needed to respond to the
spread of COVID-19 and which are, or are likely to be, in short supply
(scarce materials) or the supply of which would be threatened by
hoarding (threatened materials). Designated scarce materials or
threatened materials are subject to periodic review by the Secretary.
The following materials are designated, pursuant to section 102 of
the Defense Production Act (50 U.S.C. 4512) and Executive Order 13190
of March 23, 2020 (Preventing Hoarding of Health and Medical Resources
to Respond to the Spread of COVID-19), as scarce materials or
threatened materials:
1. Medical gowns or apparel, e.g., surgical gowns or isolation
gowns
2. Laboratory reagents and materials used for isolation of viral
genetic material and testing, such as transport media, collection
swabs, test kits and reagents specific to those kits, and consumables
such as plastic pipette tips and plastic tubes
3. Drug products currently recommended by the National Institutes
of Health COVID-19 Treatment Guidelines Panel, including (as of April
21, 2021) remdesivir and dexamethasone
4. Syringes and hypodermic needles (whether distributed separately
or attached together) generally used in the United States for
vaccinations that are either:
(i) Piston syringes in 1 ml or 3 ml sizes that allow for the
controlled and precise flow of liquid as described by 21 CFR 880.5860,
that are compliant with ISO 7886-1:2017 and use only Current Good
Manufacturing Practices (CGMP) processes; or
(ii) Hypodermic single lumen needles between 1'' and 1.5'' and 22
to 25 gauge between 1'' and 1.5'' and 22 to 25 gauge that have
engineered sharps injury protections as described in the Needlestick
Safety and Prevention Act, Public Law 106-430, 114 Stat. 1901 (Nov. 6,
2000) and OSHA standard 29 CFR 1910.1030, Bloodborne Pathogens.''
Authority: The authority for this Notice is Executive Order
13910 and section 102 of the Defense Production Act of 1950, 50
U.S.C. 4512, as amended.
Dated: June 30, 2021.
Xavier Becerra
Secretary, Department of Health and Human Services.
[FR Doc. 2021-14383 Filed 7-2-21; 4:15 pm]
BILLING CODE 4150-37-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.