[Federal Register: July 24, 2003 (Volume 68, Number 142)]
[Proposed Rules]
[Page 43660-43661]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy03-30]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 43660]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 331
[Docket 03-070-1]
Public Meetings; Listing of Biological Agents and Toxins
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of public meetings.
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SUMMARY: This is to notify individuals and entities possessing, using,
or transferring biological agents and toxins listed in 7 CFR 331.3, as
well as other interested parties, that the Animal and Plant Health
Inspection Service will hold a series of public meetings to provide a
forum for discussion of the criteria used to determine whether an agent
has the potential to pose a severe threat to plant health or products.
DATES: We will consider all comments that we receive on or before
September 8, 2003.
Three public meetings are scheduled for August 2003. They will be
held on August 12, 2003, from 5:30 to 8:30 p.m. in Charlotte, NC; on
August 19, 2003, from 9 a.m. to 3 p.m. in Riverdale, MD; and on August
21, 2003, from 9 a.m. to 3 p.m. in Sacramento, CA.
ADDRESSES: If you cannot attend the meetings and wish to submit
comments, you may submit comments by postal mail/commercial delivery or
by e-mail. If you use postal mail/commercial delivery, please send four
copies of your comment (an original and three copies) to: Docket No.
03-070-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 03-070-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
03-070-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
The public meetings will be held at the following locations:
1. Charlotte, NC. The Charlotte Convention Center, 510 South
College Street, Room 217AB, Charlotte, NC 28202.
2. Riverdale, MD. The USDA Center at Riverside, 4700 River Road,
Riverdale, MD 20737. Travel directions to the USDA Center at Riverside
are available on the Internet at http://www.aphis.usda.gov/ppq/direct.html.
Picture identification is required to gain access to the
building. Parking is available next to the building for a $2.25 fee
(please have quarters or $1 bills available). The nearest Metro station
is the College Park station on the Green Line, which is within walking
distance.
3. Sacramento, CA. The John E. Moss Federal Building, General
Services Administration, 650 Capital Mall, 1st Floor Conference Center,
Stanford Room, Sacramento, CA 95814.
FOR FURTHER INFORMATION CONTACT: Dr. Michael J. Firko, Assistant
Director, Plant Health Programs, USDA, APHIS, PPQ, 4700 River Road Unit
137, Riverdale, MD 20737-1236; (301) 734-8758.
SUPPLEMENTARY INFORMATION: On June 12, 2002, the President signed into
law the Public Health Security and Bioterrorism Preparedness and
Response Act of 2002 (Pub. L. 107-188). Title II of Public Law 107-188,
``Enhancing Controls on Dangerous Biological Agents and Toxins''
(sections 201 through 231), provides for the regulation of certain
biological agents and toxins by the Department of Health and Human
Services (subtitle A, sections 201-204) and the Department of
Agriculture (subtitle B, sections 211-213), and provides for
interagency coordination between the two departments regarding overlap
agents and toxins (subtitle C, section 221). For the Department of
Health and Human Services, the Centers for Disease Control and
Prevention (CDC) has been designated as the agency with primary
responsibility for implementing the provisions of the Act; the Animal
and Plant Health Inspection Service (APHIS) is the agency fulfilling
that role for the Department of Agriculture (USDA).
In subtitle B (which is cited as the ``Agricultural Bioterrorism
Protection Act of 2002,'' referred to below as the Act), section 212(a)
provides, in part, that the Secretary of Agriculture (the Secretary)
must establish by regulation a list of each biological agent and each
toxin that she determines has the potential to pose a severe threat to
animal or plant health, or to animal or plant products. In determining
whether to include an agent or toxin on the list, the Act requires the
Secretary to consider:
1. The effect of exposure to the agent or toxin on animal or plant
health, and on the production and marketability of animal or plant
products;
2. The pathogenicity of the agent or the toxicity of the toxin and
the methods by which the agent or toxin is transferred to animals or
plants;
3. The availability and effectiveness of pharmacotherapies and
prophylaxis to treat and prevent any illness caused by the agent or
toxin; and
4. Any other criteria that the Secretary considers appropriate to
protect animal or plant health, or animal or plant products.
In accordance with these statutory requirements, on August 12,
2002, we published in the Federal Register (67 FR 52383-52389, Docket
No. 02-082-1) an interim rule that established the initial lists of
biological agents and toxins. To accomplish this, we established new
parts in the Code of Federal Regulations (CFR), one part in the plant-
related provisions of title 7, chapter III, and one part in the animal-
related provisions of title 9, chapter I. Then, on December 13, 2002,
we published in the Federal Register (67 FR 76908-76938, Docket No. 02-
088-1) an interim rule that amended the initial
[[Page 43661]]
lists of biological agents and toxins in both 7 CFR 331.3 and 9 CFR
121.3.
The Act requires that the lists of biological agents and toxins be
reviewed and republished biennially, or more often as needed, and
revised as necessary. In addition, the Act requires that, when
determining whether to include an agent or toxin, the Secretary shall
consult with appropriate Federal departments and agencies and with
scientific experts representing appropriate professional groups.
In preparation for the biennial review of the list required by the
Agricultural Bioterrorism Protection Act of 2002, APHIS' Plant
Protection and Quarantine program intends to reevaluate and further
develop the criteria used to determine whether an agent has the
potential to pose a severe threat to plant health or products.
Accordingly, we are holding a series of public meetings to provide a
forum for discussion of the criteria that should be used.
The meetings will be held on August 12, 2003, from 5:30 to 8:30
p.m. in Charlotte, NC; on August 19, 2003, from 9 a.m. to 3 p.m. in
Riverdale, MD; and on August 21, 2003, from 9 a.m. to 3 p.m. in
Sacramento, CA. Information regarding the meetings may be obtained from
the person listed under FOR FURTHER INFORMATION CONTACT.
Written Comments
If you cannot attend the meeting, you may submit written comments
on the topics outlined in this notice. To submit written comments,
please follow the instructions listed under the heading ADDRESSES near
the beginning of this document.
Done in Washington, DC, this 21st day of July, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-18951 Filed 7-23-03; 8:45 am]
BILLING CODE 3410-34-P