[Federal Register Volume 73, Number 146 (Tuesday, July 29, 2008)]
[Notices]
[Pages 43946-43947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-17338]


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DEPARTMENT OF HOMELAND SECURITY


Office of Health Affairs; BioWatch Filter Holder Log

AGENCY: Office of Health Affairs, Weapons of Mass Destruction (WMD) and 
Biodefense, Chem/Bio Early Detection Division, DHS.

ACTION: 30-Day Notice and request for comments; New Information 
Collection Request 1601-NEW.

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SUMMARY: The Department of Homeland Security, Office of Health Affairs, 
WMD and Biodefense, has submitted the following information collection 
request (ICR) to the Office of Management and Budget (OMB) for review 
and clearance in accordance with the Paperwork Reduction Act of 1995 
(Pub. L. 104-13, 44 U.S.C. Chapter 35). The Office of Health Affairs, 
WMD and Biodefense are soliciting comments concerning a new information 
collection request, Bio Watch Filter Holder Log Form 9500. DHS 
previously published this information collection request (ICR) in the 
Federal Register on April 4, 2008 at 73 FR 18542, for a 60-day public 
comment period. No comments were received by DHS. The purpose of this 
notice is to allow additional 30-days for public comments.

DATES: Comments are encouraged and will be accepted until August 28, 
2008. This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: Interested persons are invited to submit written comments on 
the proposed information collection to the Office of Information and 
Regulatory Affairs, Office of Management and Budget. Comments should be 
addressed to OMB Desk Officer for the Department of Homeland Security, 
Office of Health Affairs, and sent via electronic mail to [email protected] or faxed to (202) 395-6974.
    The Office of Management and Budget is particularly interested in 
comments which:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

FOR FURTHER INFORMATION CONTACT: If additional information is required 
contact: the Department of Homeland Security, Office of Health Affairs, 
WMD and Biodefense, Chem/Bio Early Detection Division, Washington, DC 
20528. Attn: Division Director, Dr. Jeffrey Stiefel, 703-647-8056 or 
202-254-6076.

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS), 
Office of Health Affairs, WMD and Biodefense, Chem/Bio Early Detection 
Division requires the collection of information by BioWatch 
jurisdictions. The BioWatch Program operates aerosol collector 
equipment in approximately 30 U.S. jurisdictions to monitor for the 
presence of organisms that may be related to the deliberate release of 
a select subset of biological threat agents. Information is collected 
in writing by a representative of a BioWatch jurisdiction (either an 
employee, or a contractor) responsible for installing and removing 
filters from aerosol collection devices and transporting them to local 
laboratories for sample analysis. A standard filter holder log is 
completed for each sample and is archived by the BioWatch jurisdiction 
for a year. The DHS BioWatch Program provides financial support to the 
participating jurisdictions

[[Page 43947]]

for the cost of collection and laboratory analysis activities, 
including the preparation of the filter holder log and other 
documentation. The Federal Bureau of Investigation (FBI) has instructed 
the BioWatch Program to maintain a written record for each collected 
filter sample to support law enforcement activities, including criminal 
prosecution in the case of a deliberate release of a biological agent. 
Collection of written records establishing chain of custody for samples 
containing biological agents and toxins for the purpose of evidence in 
a criminal proceeding is consistent with the ``Best Evidence Rule'', 
Section 1002, of the federal Rules of Evidence. The FBI instruction to 
the BioWatch program is consistent with Section 7 of the FBI Quality 
Assurance Guidelines for Laboratories Performing Microbial Forensic 
Work, produced by the members of the Scientific Working Group on 
Microbial Genetics and Forensics (SWGMGF). Such record keeping supports 
mandatory reporting requirements directed by The APHIS Interim Final 
Rule 7 CFR Part 331, Possession, Use, and Transfer of Biological Agents 
and Toxins; and the CDC Interim Final Rule 42 CFR Part 73 Possession, 
Use, and Transfer of Select Agents and Toxins, inter alia.

Analysis

    Agency: Department of Homeland Security, Office of Health Affairs, 
WMD and Biodefense, Chem/Bio Early Detection Division.
    Title: BioWatch Filter Holder Log.
    DHS Form: 9500 (5/07).
    OMB Number: 1601-NEW.
    Frequency: Once daily.
    Affected Public: State, Local, and Tribal Governments.
    Number of Respondents: 522.
    Estimated Time per Respondent: 1 minute.
    Total Burden Hours: 3,182 annual burden hours.
    Total Burden Cost (capital/startup): $0.00.
    Total Burden Cost (operating/maintaining): $144,770.

    Dated: July 17, 2008.
Richard Mangogna,
Chief Information Officer.
 [FR Doc. E8-17338 Filed 7-28-08; 8:45 am]
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