Federal Register / Vol. 67, No. 164 / Friday, August 23, 2002 / Proposed Rules 54607

The following changes are being List of Select Agents and Toxins toxins, Tetrodotoxin, or T–2 toxin, are considered to Recombinant Organisms/ The following is the list of select exempt. Toxin preparation stored in Molecules: agents and toxins that is being more than one location within a facility 1. Change title ‘‘Recombinant considered for adoption: must be aggregated in determining if the Organisms/Molecules’’ to ‘‘Genetic exemption applies. The medical use of Elements, Recombinant Nucleic Acids, Viruses toxins for patient treatment are exempt. and Recombinant Organisms’’. 1. Crimean-Congo haemorrhagic fever Genetic Elements, Recombinant Nucleic 2. Change ‘‘1. Genetically modified virus Acids, and Recombinant Organisms microorganisms or genetic elements 2. Eastern Equine Encephalitis virus from organisms on Appendix A, shown 3. Ebola viruses 1. Full length nucleic acids (synthetic to produce or encode for a factor 4. Herpes B virus or naturally derived) of any of the associated with a disease. 2. Genetically 5. Lassa fever virus viruses listed in Appendix A. modified microorganisms or genetic 6. Marburg virus 2. Nucleic acids (synthetic or elements that contain nucleic acid 7. Monkeypox virus naturally derived) of 100 nucleotides or sequences coding for any of the toxins 8. Nipah and Hendra Complex viruses more in length of Variola major virus listed in this Appendix, or their toxic 9. Rift Valley fever virus (smallpox virus). subunits.’’ to: 10. South American Haemorrhagic fever 3. Nucleic acids (synthetic or naturally derived) of bacteria, fungi, or ‘‘1. Full length nucleic acids viruses (Junin, Machupo, Sabia, viruses listed in Appendix A that (synthetic or naturally derived) of any of Flexal, Guanarito) encode for either a functional toxin or the viruses listed in Appendix A. 11. Tick-borne encephalitis complex (flavi) viruses (Central European Tick- virulence factor sufficient to cause 2. Nucleic acids (synthetic or borne encephalitis, Far Eastern Tick- disease if the nucleic acid is: (1) naturally derived) of 100 nucleotides or borne encephalitis (Russian Spring Expressed in vivo or in vitro; (2) in an more in length of Variola major virus and Summer encephalitis, Kyasanur expression vector or host chromosome; (smallpox virus). Forest disease, Omsk Hemorrhagic or (3) in a carrier plasmid. 3. Nucleic acids (synthetic or Fever)) 4. Nucleic acids (synthetic or naturally derived) of bacteria, fungi, or 12. Variola major virus (Smallpox virus) naturally derived) that encode for viruses listed in Appendix A that 13. Venezuelan Equine Encephalitis functional form of any of the toxins encode for either a functional toxin or virus listed in Appendix A if: (1) Expressed virulence factor sufficient to cause in vivo or in vitro; (2) in an expression disease if the nucleic acid is: (1) Bacteria vector or host chromosome; or (3) in a Expressed in vivo or in vitro; (2) in an 1. Bacillus anthracis carrier plasmid. expression vector or host chromosome; 2. Brucella abortus 5. Microorganisms in Appendix A or (3) in a carrier plasmid. 3. Brucella melitensis that have been genetically modified. 4. Nucleic acids (synthetic or 4. Brucella suis Other Restrictions naturally derived) that encode for 5. Burkholderia mallei functional form of any of the toxins 6. Burkholderia pseudomallei The deliberate transfer of a drug listed in Appendix A if: (1) Expressed 7. Botulinum neurotoxin producing resistance trait to microorganisms listed in vivo or in vitro; (2) in an expression strains of Clostridium in this Appendix that are not known to vector or host chromosome; or (3) in a 8. Coxiella burnetii acquire the trait naturally is currently carrier plasmid. 9. Francisella tularensis prohibited if such acquisition could 5. Microorganisms in Appendix A 10. Rickettsia prowazekii compromise the use of the drug to that have been genetically modified.’’ 11. Rickettsia rickettsii control these disease agents in humans Finally, CDC is considering the 12. Yersinia pestis or veterinary medicine. following change to Additional Fungi Dated: August 9, 2002. Exemptions: Julie Louise Gerberding, 1. Coccidioides immitis 1. Remove the following text since 2. Coccidioides posadasii Director, Centers for Disease Control and exemptions will be addressed in the Prevention. Interim Final Rule: Toxins [FR Doc. 02–21512 Filed 8–20–02; 4:01 pm] ‘‘1. Products subject to regulation 1. Abrin BILLING CODE 4163–18–P under the Federal Insecticide Fungicide 2. Botulinum neurotoxins and Rodenticide Act (7 U.S.C. 136 et 3. Clostridium perfringens epsilon toxin seq.) and the Toxic Substances Control 4. Conotoxins Act (15 U.S.C. 2601 et seq.) are exempt. 5. Diacetoxyscirpenol DEPARTMENT OF THE INTERIOR 6. Ricin 2. Additional exemptions for Fish and Wildlife Service otherwise covered strains will be 7. Saxitoxin 8. Shigatoxin and Shiga-like toxins considered when CDC reviews and 50 CFR Part 17 updates the list of select agents and 9. Staphylococcal enterotoxins toxins in this Appendix. Individuals 10. Tetrodotoxin RIN 1018–AH08 seeking an exemption should submit a 11. T–2 toxin request to CDC that specifies the agent Exemptions: Toxin preparations Endangered and Threatened Wildlife ≤ or strain to be exempted and explains containing 1 mg of Botulinum and ; Designations of Critical ≤ why such an exemption should be neurotoxins; 10 mg of Staphylococcal for Species From the ≤ granted. Future exemptions will be enterotoxins; or 100 mg of Abrin, Island of , HI published in the Federal Register for Clostridium perfringens epsilon toxin, review and comment prior to inclusion Conotoxins, Diacetoxyscirpenol, Ricin, AGENCY: Fish and Wildlife Service, in this Appendix.’’ Saxitoxin, Shigatoxin and Shiga-like Interior.

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ACTION: Proposed rule; reopening of A total of 51 species historically Clermontia oblongifolia ssp. brevipes, comment period, and public hearing found on Molokai were listed as Ctenitis squamigera, dunbarii, announcement. endangered or threatened species under Cyanea grimesiana ssp. grimesiana, the Act between 1991 and 1999. Some Cyanea mannii, Cyanea procera, Diellia SUMMARY: The U.S. Fish and Wildlife of these species may also occur on other erecta, molokaiense, Eugenia Service (Service) gives notice of a public Hawaiian islands. Previously, we koolauensis, Flueggea neowawraea, hearing on the proposed critical habitat proposed that designation of critical Hedyotis mannii, Hesperomannia designations for 46 plants from the habitat was prudent for 47 arborescens, Hibiscus arnottianus ssp. island of Molokai, . In addition, (Adenophorus periens, Alectryon immaculatus, Hibiscus brackenridgei, the comment period which originally macrococcus, Bidens wiebkei, Bonamia Ischaemum byrone, Isodendrion closed on June 4, 2002, will be menziesii, Brighamia rockii, Canavalia pyrifolium, Labordia triflora, reopened. The new comment period and molokaiensis, Centaurium sebaeoides, Lysimachia maxima, Mariscus fauriei, hearing will allow all interested parties Clermontia oblongifolia ssp. brevipes, Marsilea villosa, Melicope mucronulata, to submit oral or written comments on Ctenitis squamigera, Cyanea dunbarii, Melicope reflexa, Neraudia sericea, the proposal. We are seeking comments Cyanea grimesiana ssp. grimesiana, Peucedanum sandwicense, Phyllostegia or suggestions from the public, other Cyanea mannii, Cyanea procera, mannii, Phyllostegia mollis, concerned agencies, the scientific Cyperus trachysanthos, Diellia erecta, princeps, Platanthera holochila, Pteris community, industry, or any other Diplazium molokaiense, Flueggea lidgatei, Schiedea lydgatei, Schiedea interested parties concerning the neowawraea, Hedyotis mannii, nuttallii, Schiedea sarmentosa, proposed rule. Comments already Hesperomannia arborescens, Hibiscus Sesbania tomentosa, Silene alexandri, submitted on the proposed rule need arnottianus ssp. immaculatus, Hibiscus Silene lanceolata, Spermolepis not be resubmitted as they will be fully brackenridgei, Ischaemum byrone, hawaiiensis, Stenogyne bifida, considered in the final determination. Isodendrion pyrifolium, Labordia Tetramolopium rockii, Vigna o- wahuensis, and Zanthoxylum DATES: The comment period for this triflora, Lysimachia maxima, Mariscus proposal now closes on September 30, fauriei, Marsilea villosa, Melicope hawaiiense) plant species. Critical 2002. Any comments received by the mucronulata, Melicope reflexa, habitat is not proposed for four (Bonamia menziesii, Cyperus closing date will be considered in the Neraudia sericea, Peucedanum trachysanthos, Melicope munroi, and final decision on this proposal. The sandwicense, Phyllostegia mannii, Solanum incompletum) of the 51 public hearing will be held from 6 p.m. Phyllostegia mollis, Plantago princeps, species which no longer occur on the to 8 p.m. on Monday, September 9, Platanthera holochila, Pteris lidgatei, island of Molokai, and for which we are 2002, on the island of Molokai, Hawaii. Schiedea lydgatei, Schiedea nuttallii, unable to identify any habitat that is Prior to the public hearing, the Service Schiedea sarmentosa, Sesbania essential to their conservation on the will be available from 3:30 to 4:30 p.m. tomentosa, Silene alexandri, Silene island of Molokai. Critical habitat is not to provide information and to answer lanceolata, Spermolepis hawaiiensis, proposed for Pritchardia munroi for the questions. The Service will also be Stenogyne bifida, Tetramolopium rockii, reasons given above. Ten critical habitat available for questions after the hearing. Vigna o-wahuensis, and Zanthoxylum hawaiiense) of the 51 species reported units, totaling approximately 17,614 ADDRESSES: The public hearing will be from the island of Molokai. No change hectares (43,532 acres), are proposed for held at the Mitchell Pauole Center Hall, is made to the 47 proposed prudency designation on the island of Molokai. 90 Ainoa Street, Kaunakakai, Hawaii. determinations in the April 5, 2002, For locations of these proposed units, Comments and materials concerning revised proposed critical habitat rule for please consult the proposed rule (67 FR this proposal should be sent to the Field plants from Molokai. We previously 16492) (April 5, 2002). Supervisor, U.S. Fish and Wildlife Section 4(b)(5)(E) of the Act, requires proposed that designation of critical Service, Pacific Islands Office, 300 Ala that a public hearing be held if it is habitat was not prudent for Pritchardia Moana Boulevard, Room 3–122, PO Box requested within 45 days of the munroi because it would likely increase 50088, Honolulu, HI 96850. Comments publication of a proposed rule. In the threats from vandalism or collection and materials received will be available response to a request from a government of this species on Molokai, and we did for public inspection, by appointment, agency of the State of Hawaii, we will not propose critical habitat for this during normal business hours at the hold a public hearing on the date and species (65 FR 83158). No change is above address. at the address described in the DATES made to this proposed prudency and ADDRESSES sections above. FOR FURTHER INFORMATION CONTACT: Paul determination in the April 5, 2002, Anyone wishing to make an oral Henson, at the above address (telephone revised proposed critical habitat rule (67 statement for the record is encouraged 808/541–3441, facsimile 808/541–3470). FR 16492). In the April 5, 2002, revised to provide a written copy of their SUPPLEMENTARY INFORMATION: proposed critical habitat rule, we statement and present it to us at the proposed that designation of critical Background hearing. In the event there is a large habitat is prudent for Eugenia attendance, the time allotted for oral On April 5, 2002, we published a koolauensis, a species for which a statements may be limited. Oral and revised proposed critical habitat rule for prudency determination has not been written statements receive equal 46 of the 51 plant species listed under made previously. We determined that consideration. There are no limits to the the Act of 1973, as designation of critical habitat was length of written comments presented at amended (Act) (16 U.S.C. 1531 et seq.), prudent for Labordia triflora and the hearing or mailed to us. Legal known historically from the island of Melicope munroi at the time of their notices announcing the date, time, and Molokai (67 FR 16492). The original listing in 1999. location of the public hearing will be comment period closed on June 4, 2002. We also propose designation of published in newspapers concurrently The comment period now closes on critical habitat for 46 (Adenophorus with the Federal Register notice. September 30, 2002. Written comments periens, Alectryon macrococcus, Bidens Persons needing reasonable should be submitted to us (see wiebkei, Brighamia rockii, Canavalia accommodations in order to attend and ADDRESSES section). molokaiensis, Centaurium sebaeoides, participate in the public hearing should

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contact Patti Carroll at 503/231–2080 as Dated: August 14, 2002. ADDRESSES: Written comments should soon as possible. In order to allow David P. Smith, be directed to Daniel T. Furlong, sufficient time to process requests, Acting Assistant Secretary for Fish and Executive Director, Mid-Atlantic please call no later than one week before Wildlife and Parks. Fishery Management Council, Room the hearing date. [FR Doc. 02–21626 Filed 8–22–02; 8:45 am] 2115 Federal Building, 300 South New Information regarding this proposal is BILLING CODE 4310–55–P Street, Dover, DE 19904–6790. available in alternate formats upon Comments may also be submitted by request. facsimile (fax) to (302) 674–5399. We will accept public comments on DEPARTMENT OF COMMERCE Comments should be marked the draft economic analysis until ‘‘Comments on Monkfish Amendment September 11, 2002. National Oceanic and Atmospheric 2.’’ The Council will not accept Comments from the public regarding Administration unsigned faxes or comments by e-mail. this proposed rule are sought, especially FOR FURTHER INFORMATION CONTACT: regarding: 50 CFR Part 648 Daniel T. Furlong, Executive Director, (1) The reasons why critical habitat [I.D. 081302B] telephone (302) 674–2331, ext. 19. for any of these species is prudent or not SUPPLEMENTARY INFORMATION: prudent as provided by section 4 of the Mid-Atlantic Fishery Management Background Act and 50 CFR 424.12(a)(1); Council and New England Fishery (2) The reasons why any particular Management Council; Public Hearings A notice of intent to prepare a area should or should not be designated Monkfish Supplemental Environmental AGENCY: as critical habitat for any of these National Marine Fisheries Impact Statement (SEIS) and notice of species, as critical habitat is defined by Service (NMFS), National Oceanic and public scoping process was published in section 3 of the Act; Atmospheric Administration (NOAA), the Federal Register on December 10, Commerce. (3) Specific information on the 2001 (66 FR 63666). The purpose of this amount, distribution, and quality of ACTION: Notice of supplemental scoping notice was to initiate the public scoping habitat for the 46 species, and what meetings; request for comments. process to determine the scope of the issues to be included in the SEIS for habitat is essential to the conservation SUMMARY: The Mid-Atlantic and New of the species and why; Amendment 2. In particular, this notice England Fishery Management Councils sought public comment on the (4) Land use practices and current or (Councils) are currently developing planned activities in the subject areas, possibility of revising the monkfish Amendment 2 to the Monkfish Fishery limited access program qualification and their possible impacts on proposed Management Plan (FMP), pursuant to critical habitat; criteria to include Virginia and North the Magnuson- Stevens Fishery Carolina vessels that were excluded (5) Any economic or other impacts Conservation and Management Act of resulting from the proposed from the qualification criteria due to 1976, as amended. Among management mis-information regarding the extent of designations of critical habitat, measures, the FMP implemented a including any impacts on small entities, the monkfish fishery management unit limited access system which restricts in a public hearing document for the energy development, low income participation in the monkish fishery households, and local governments; initial FMP. The public scoping within Federal waters based on comment period for Amendment 2 (6) Economic and other potential historical participation. The Councils ended on February 11, 2002. This notice values associated with designating are considering revising the monkfish announces a supplemental scoping critical habitat for the above plant limited access permit system in process to seek further public comment species such as those derived from non- Amendment 2 to allow vessels that on options to address the exclusion of consumptive uses (e.g., hiking, camping, landed monkfish after the original Virginia and North Carolina vessels, or birding, enhanced watershed protection, control date in the southern end of the other vessels that may meet the revised increased soil retention, ‘‘existence range of the fishery to qualify for limited access criteria, from the values’’, and reductions in permits. monkfish limited access fishery. administrative costs); and In January 2002, at one of their (7) Information for use, under section regularly scheduled meetings, the Scoping Meetings 4(b)(2) of the Act, in determining if the Councils provided the public with an The public will have an opportunity benefits of excluding an area from opportunity to comment on the to provide oral comments on the options critical habitat outweigh the benefits of monkfish limited access permit system that would potentially amend the specifying the area as critical habitat. in Amendment 2. Once again, the monkfish limited access program at the Reopening of the comment period Councils intend to provide the public September meeting of the New England will enable us to respond to the request with an opportunity to comment on this Fishery Management Council, and three for a public hearing on the proposed particular issue. The intended effect of additional public meetings to be held in action. The comment period on this this action is to alert interested public September, as described below. The proposal now closes on September 30, of the commencement of this dates, times, and locations of the 2002. Written comments should be supplemental scoping process and to hearings are scheduled as follows: submitted to the Service office listed in provide for public participation. 1. Wednesday, September 11, 2002, the ADDRESSES section. DATES: The Councils will discuss and 7–9 p.m.—Roanoke Island Festival Park, take scoping comments on options to Author One Festival Park, Manteo, NC 27954; amend the monkfish limited access telephone: 252–475–1500. The primary author of this notice is program in Amendment 2 at public 2. Wednesday, September 11, 2002, Michelle Mansker (see ADDRESSES meetings in September 2002. See 6–8 p.m.—Providence Biltmore Hotel, section). SUPPLEMENTARY INFORMATION for specific Providence, RI 02903; telephone: 401– Authority: The authority for this action is dates and times. Written scoping 421–0700. the Endangered Species Act of 1973 (16 comments must be received on or before 3. Thursday, September 12, 2002, 7– U.S.C. 1531 et seq.). 5 p.m. EST, September 27, 2002. 10 p.m.—Chincoteague Center, 6155

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