[Federal Register Volume 67, Number 187 (Thursday, September 26, 2002)]
[Rules and Regulations]
[Pages 60519-60520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24423]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 67, No. 187 / Thursday, September 26, 2002 /
Rules and Regulations
[[Page 60519]]
DEPARTMENT *COM020*OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 331
9 CFR Part 121
[Docket No. 02-082-2]
RIN 0579-AB47
Agricultural Bioterrorism Protection Act of 2002; Listing of
Biological Agents and Toxins and Requirements and Procedures for
Notification of Possession; Technical Amendment
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule; technical amendment.
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SUMMARY: In an interim rule published in the Federal Register and
effective on August 12, 2002, we established regulations that listed
biological agents and toxins determined to have the potential to pose a
severe threat to animal or plant health, or to animal or plant
products, and that required all persons in possession of any listed
biological agent or toxin to notify the Secretary of such possession.
The definitions provided in those regulations for the terms `biological
agent'' and ``toxin'' did not reflect the amendments made by the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002
to the definitions of those terms in section 178 of title 18, United
States Code. Therefore, we are amending the regulations so that the
definitions will be consistent.
EFFECTIVE DATE: August 12, 2002.
FOR FURTHER INFORMATION CONTACT: For information concerning the
regulations in 7 CFR part 331, contact Dr. Arnold T. Tschanz, Senior
Staff Officer, Regulatory Coordination, Plant Health Programs, PPQ,
APHIS, 4700 River Road Unit 141, Riverdale, MD 20737-1236, (301) 734-
8790.
For information concerning the regulations in 9 CFR part 121,
contact Dr. Denise Spencer, Senior Staff Veterinarian, Technical Trade
Services, National Center for Import and Export, VS, APHIS, 4700 River
Road Unit 40, Riverdale, MD 20737-1231, (301) 734-3277.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule published in the Federal Register and effective
on August 12, 2002 (67 FR 52383-52389, Docket No. 02-082-1), we
established regulations in 7 CFR part 331 and 9 CFR part 121 that
listed biological agents and toxins determined to have the potential to
pose a severe threat to animal or plant health, or to animal or plant
products, and that required all persons in possession of any listed
biological agent or toxin to notify the Secretary of such possession.
The interim rule was published in accordance with the requirements of
section 212 of subtitle B (Department of Agriculture), title II
(Enhancing Controls on Dangerous Biological Agents and Toxins), of the
Public Health Security and Bioterrorism Preparedness and Response Act
of 2002 (Public Law 107-188).
In subtitle B, section 212(l) provides that ``[t]he terms
'biological agent' and `toxin' have the meanings given such terms in
section 178 of title 18, United States Code.'' Thus, we referred to 18
U.S.C. 178 when preparing the definitions for those terms we included
in the ``Definitions'' sections of both 7 CFR part 331 and 9 CFR part
121 (Sec. Sec. 331.1 and 121.1, respectively).
We failed to note, however, that elsewhere in title II of Public
Law 107-188 (section 231 of subtitle D, ``Criminal Penalties Regarding
Certain Biological Agents and Toxins,'' specifically), the definitions
of ``biological agent'' and ``toxin'' in 18 U.S.C. 178 had been
amended. Therefore, in this document, we are amending 7 CFR 331.1 and 9
CFR 121.1 as established by our August 12, 2002, interim rule so that
the definitions provided in those sections for the terms ``biological
agent'' and ``toxin'' are consistent with the definitions for those
terms in 18 U.S.C. 178, as amended by Public Law 107-188.
List of Subjects
7 CFR Part 331
Agricultural research, Laboratories, Plant diseases and pests,
Reporting and recordkeeping requirements.
9 CFR Part 121
Agricultural research, Animal diseases, Laboratories, Medical
research, Reporting and recordkeeping requirements.
Accordingly, we are amending 7 CFR part 331 and 9 CFR part 121 as
follows:
PART 331--POSSESSION OF BIOLOGICAL AGENTS AND TOXINS
1. The authority citation for part 331 continues to read as
follows:
Authority: Secs. 211-213, Title II, Pub. L. 107-188, 116 Stat.
647 (7 U.S.C. 8401).
2. In Sec. 331.1, the definitions for biological agent and toxin
are revised to read as follows:
Sec. 331.1 Definitions.
Biological agent. Any microorganism (including, but not limited to,
bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious
substance, or any naturally occurring, bioengineered, or synthesized
component of any such microorganism or infectious substance, capable of
causing:
(1) Death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(2) Deterioration of food, water, equipment, supplies, or material
of any kind; or
(3) Deleterious alteration of the environment.
* * * * *
Toxin. The toxic material or product of plants, animals,
microorganisms (including, but not limited to, bacteria, viruses,
fungi, rickettsiae, or protozoa), or infectious substances, or a
recombinant or synthesized molecule, whatever their origin and method
of production, and includes:
(1) Any poisonous substance or biological product that may be
engineered as a result of biotechnology produced by a living organism;
or
(2) Any poisonous isomer or biological product, homolog, or
derivative of such a substance.
[[Page 60520]]
PART 121--POSSESSION OF BIOLOGICAL AGENTS AND TOXINS
3. The authority citation for part 121 continues to read as
follows:
Authority: Secs. 211-213, Title II, Pub. L. 107-188, 116 Stat.
647 (7 U.S.C. 8401).
4. In Sec. 121.1, the definitions for biological agent and toxin
are revised to read as follows:
Sec. 121.1 Definitions.
Biological agent. Any microorganism (including, but not limited to,
bacteria, viruses, fungi, rickettsiae, or protozoa), or infectious
substance, or any naturally occurring, bioengineered, or synthesized
component of any such microorganism or infectious substance, capable of
causing:
(1) Death, disease, or other biological malfunction in a human, an
animal, a plant, or another living organism;
(2) Deterioration of food, water, equipment, supplies, or material
of any kind; or
(3) Deleterious alteration of the environment.
* * * * *
Toxin. The toxic material or product of plants, animals,
microorganisms (including, but not limited to, bacteria, viruses,
fungi, rickettsiae, or protozoa), or infectious substances, or a
recombinant or synthesized molecule, whatever their origin and method
of production, and includes:
(1) Any poisonous substance or biological product that may be
engineered as a result of biotechnology produced by a living organism;
or
(2) Any poisonous isomer or biological product, homolog, or
derivative of such a substance.
Done in Washington, DC, this 20th day of September, 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-24423 Filed 9-25-02; 8:45 am]
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