[Federal Register Volume 73, Number 211 (Thursday, October 30, 2008)]
[Rules and Regulations]
[Pages 64553-64554]
From the Federal Register Online via the Government Publishing 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.

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

PART 73--SELECT AGENTS AND TOXINS

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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).


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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]
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