Possession, Use, and Transfer of Select Agents and Toxins, 64553-64554 [E8-25883]

Download as PDF 64553 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Rules and Regulations following types of rules: Rules of particular applicability; rules relating to agency management or personnel; and rules of agency organization, procedure, or practice that do not substantially affect the rights or obligations of nonagency parties. 5 U.S.C. 804(3). Because this is a rule of particular applicability, EPA is not required to submit a rule report regarding this action under section 801. review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action, pertaining to EPA approval of NOX emission reductions from large stationary IC engines and large cement kilns in Virginia, may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) C. Petitions for Judicial Review List of Subjects in 40 CFR Part 52 Air pollution control, Environmental protection, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by December 29, 2008. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial Dated: October 20, 2008. Donald S. Welsh, Regional Administrator, Region III. ■ PART 52—[AMENDED] 1. The authority citation for 40 CFR part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. Subpart VV—Virginia 2. In § 52.2420, the table in paragraph (d) is amended by adding the entries for Transcontinental Pipeline Station 165, Transcontinental Pipeline Station 170, Transcontinental Pipeline Station 175, Transcontinental Pipeline Station 180 and Roanoke Cement Corporation at the end of the table to read as follows: ■ § 52.2420 * Identification of plan. * * (d) * * * * * 40 CFR Part 52 is amended as follows: EPA-APPROVED SOURCE-SPECIFIC REQUIREMENTS State effective date Source name Permit/order or registration number * * Transcontinental Pipeline Station 165. Transcontinental Pipeline Station 170. Transcontinental Pipeline Station 175. Transcontinental Pipeline Station 180. Roanoke Cement Corporation .. * * Registration No. 30864 ............................ 1/24/07 Registration No. 30863 ............................ 1/24/07 Registration No. 40789 ............................ 1/30/07 Registration No. 40782 ............................ 2/13/07 Registration No. 20232 ............................ 6/18/07 * * * * * [FR Doc. E8–25668 Filed 10–29–08; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention 42 CFR Part 73 RIN 0920–AA09 Possession, Use, and Transfer of Select Agents and Toxins Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Final rule; technical correction. hsrobinson on PROD1PC76 with RULES AGENCY: SUMMARY: This document contains a technical correction to the list of select agents and toxins regulated by the U.S. Department of Health and Human Services (HHS), as well as those VerDate Aug<31>2005 16:08 Oct 29, 2008 Jkt 217001 EPA approval date * * 10/30/08 [Insert page number where the document begins]. 10/30/08 [Insert page number where the document begins]. 10/30/08 [Insert page number where the document begins]. 10/30/08 [Insert page number where the document begins]. 10/30/08 [Insert page number where the document begins]. biological agents and toxins regulated by both HHS and the U.S. Department of Agriculture (USDA) published on October 16, 2008, in the Federal Register (73 FR 61363). This correction inserts ‘‘Reconstructed replication competent forms of the 1918 pandemic influenza virus containing any portion of the coding regions of all eight segments (Reconstructed 1918 Influenza virus)’’ that was inadvertently omitted from the list of agents and toxins regulated by only HHS. DATES: This correction is effective on November 17, 2008. FOR FURTHER INFORMATION CONTACT: Robbin Weyant, Director, Division of Select Agents and Toxins, Centers for Disease Control and Prevention, 1600 Clifton Rd., MS A–46, Atlanta, GA 30333. Telephone: (404) 718–2000. SUPPLEMENTARY INFORMATION: On October 17, 2008, the Centers for Disease Control and Prevention (CDC), HHS published in the Federal Register (73 FR 61363) ‘‘Possession, Use, and PO 00000 Frm 00039 Fmt 4700 Sfmt 4700 40 CFR part 52 citation * Transfer of Select Agents and Toxins’’ which completed the biennial review and republication of the lists of biological agents and toxins regulated by the HHS, as well as those biological agents and toxins regulated by USDA. Reconstructed 1918 Influenza virus (Reconstructed replication competent forms of the 1918 pandemic influenza virus containing any portion of the coding regions of all eight segments) was inadvertently omitted from the list of agents regulated by HHS. The amendment in this document corrects that omission and does not have a substantive change to the list made final in the October 17, 2008 rule. List of Subjects in 42 CFR Part 73 Biologics, Incorporation by reference, Packaging and containers, Penalties, Reporting and recordkeeping requirements, Transportation. E:\FR\FM\30OCR1.SGM 30OCR1 64554 Federal Register / Vol. 73, No. 211 / Thursday, October 30, 2008 / Rules and Regulations Dated: October 24, 2008. Michael O. Leavitt, Secretary. For the reasons stated in the preamble, we have amended 42 CFR part 73 as follows: ■ PART 73—SELECT AGENTS AND TOXINS 1. The authority citation for part 73 continues to read as follows: ■ Authority: 42 U.S.C. 262a; sections 201– 204, 221 and 231 of Title II of Public Law No. 107–188, 116 Stat. 637 (42 U.S.C. 262a). 2. In § 73.3(b), add ‘‘Reconstructed replication competent forms of the 1918 pandemic influenza virus containing any portion of the coding regions of all eight gene segments (Reconstructed 1918 Influenza virus)’’ after ‘‘Monkeypox virus’’. ■ [FR Doc. E8–25883 Filed 10–29–08; 8:45 am] BILLING CODE 4163–18–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket No. FEMA–8047] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. hsrobinson on PROD1PC76 with RULES AGENCY: SUMMARY: This rule identifies communities, where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP), that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. DATES: Effective Dates: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a VerDate Aug<31>2005 16:08 Oct 29, 2008 Jkt 217001 particular community was suspended on the suspension date or for further information, contact David Stearrett, Mitigation Directorate, Federal Emergency Management Agency, 500 C Street, SW., Washington, DC 20472, (202) 646–2953. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase flood insurance which is generally not otherwise available. In return, communities agree to adopt and administer local floodplain management aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage as authorized under the NFIP, 42 U.S.C. 4001 et seq.; unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. However, some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue their eligibility for the sale of insurance. A notice withdrawing the suspension of the communities will be published in the Federal Register. Previously, FEMA has identified the Special Flood Hazard Areas (SFHAs) in these communities by publishing a Flood Insurance Rate Map (FIRM). The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a flood) may legally be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year, on FEMA’s initial flood insurance map of the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 Administrator finds that notice and public comment under 5 U.S.C. 553(b) are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. This rule is categorically excluded from the requirements of 44 CFR part 10, Environmental Considerations. No environmental impact assessment has been prepared. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735. Executive Order 13132, Federalism. This rule involves no policies that have federalism implications under Executive Order 13132. Executive Order 12988, Civil Justice Reform. This rule meets the applicable standards of Executive Order 12988. Paperwork Reduction Act. This rule does not involve any collection of information for purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. List of Subjects in 44 CFR Part 64 Flood insurance, Floodplains. Accordingly, 44 CFR part 64 is amended as follows: ■ PART 64—[AMENDED] 1. The authority citation for part 64 continues to read as follows: ■ Authority: 42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp.; p. 376. E:\FR\FM\30OCR1.SGM 30OCR1

Agencies

[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Rules and Regulations]
[Pages 64553-64554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-25883]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention

42 CFR Part 73

RIN 0920-AA09


Possession, Use, and Transfer of Select Agents and Toxins

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

ACTION: Final rule; technical correction.

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SUMMARY: This document contains a technical correction to the list of 
select agents and toxins regulated by the U.S. Department of Health and 
Human Services (HHS), as well as those biological agents and toxins 
regulated by both HHS and the U.S. Department of Agriculture (USDA) 
published on October 16, 2008, in the Federal Register (73 FR 61363). 
This correction inserts ``Reconstructed replication competent forms of 
the 1918 pandemic influenza virus containing any portion of the coding 
regions of all eight segments (Reconstructed 1918 Influenza virus)'' 
that was inadvertently omitted from the list of agents and toxins 
regulated by only HHS.

DATES: This correction is effective on November 17, 2008.

FOR FURTHER INFORMATION CONTACT: Robbin Weyant, Director, Division of 
Select Agents and Toxins, Centers for Disease Control and Prevention, 
1600 Clifton Rd., MS A-46, Atlanta, GA 30333. Telephone: (404) 718-
2000.

SUPPLEMENTARY INFORMATION: On October 17, 2008, the Centers for Disease 
Control and Prevention (CDC), HHS published in the Federal Register (73 
FR 61363) ``Possession, Use, and Transfer of Select Agents and Toxins'' 
which completed the biennial review and republication of the lists of 
biological agents and toxins regulated by the HHS, as well as those 
biological agents and toxins regulated by USDA. Reconstructed 1918 
Influenza virus (Reconstructed replication competent forms of the 1918 
pandemic influenza virus containing any portion of the coding regions 
of all eight segments) was inadvertently omitted from the list of 
agents regulated by HHS. The amendment in this document corrects that 
omission and does not have a substantive change to the list made final 
in the October 17, 2008 rule.

List of Subjects in 42 CFR Part 73

    Biologics, Incorporation by reference, Packaging and containers, 
Penalties, Reporting and recordkeeping requirements, Transportation.


[[Page 64554]]


    Dated: October 24, 2008.
Michael O. Leavitt,
Secretary.

0
For the reasons stated in the preamble, we have amended 42 CFR part 73 
as follows:

PART 73--SELECT AGENTS AND TOXINS

0
1. The authority citation for part 73 continues to read as follows:

    Authority: 42 U.S.C. 262a; sections 201-204, 221 and 231 of 
Title II of Public Law No. 107-188, 116 Stat. 637 (42 U.S.C. 262a).


0
2. In Sec.  73.3(b), add ``Reconstructed replication competent forms of 
the 1918 pandemic influenza virus containing any portion of the coding 
regions of all eight gene segments (Reconstructed 1918 Influenza 
virus)'' after ``Monkeypox virus''.

[FR Doc. E8-25883 Filed 10-29-08; 8:45 am]
BILLING CODE 4163-18-P
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