Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 41829 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes. Thus, 

Executive Order 13175 does not apply 

to this rule. 

EPA specifically solicits additional 

comment on this proposed rule from 

Tribal officials. 

G. Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

(62 FR 19885, April 23, 1997) as 

applying only to those regulatory 

actions that concern health or safety 

risks, such that the analysis required 

under section 5–501 of the Executive 

Order has the potential to influence the 

regulation. This rule is not subject to 

Executive Order 13045, because it 

approves a State rule implementing a 

Federal standard. 

H. Executive Order 13211, Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This rule is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires Federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 6, 2009. 

Jane Diamond, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–19856 Filed 8–18–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0024; FRL–8943–8] 

Withdrawal of Proposed Rule Revising 

the California State Implementation 

Plan; San Joaquin Valley Unified Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of proposed rule. 

SUMMARY: On July 14, 2009 (74 FR 

33950), EPA published a rule proposing 

limited approval and limited 

disapproval of a revision to the San 

Joaquin Valley Unified Air Pollution 

Control District (SJVUAPCD) portion of 

the California State Implementation 

Plan. The revision concerned 

SJVUAPCD Rule 3170, Federally 

Mandated Ozone Nonattainment Fee. 

We are withdrawing this previously 

published rule, and in this Federal 

Register, we are publishing a proposed 

rule that replaces the July 14, 2009, 

proposed rule. 

DATES: The proposed rule published on 

July 14, 2009 (74 FR 33950) is 

withdrawn as of August 19, 2009. 

FOR FURTHER INFORMATION CONTACT: Mae 

Wang, EPA Region IX, (415) 947–4124, 

wang.mae@epa.gov. 

SUPPLEMENTARY INFORMATION: On July 

14, 2009 (74 FR 33950), EPA proposed 

limited approval and limited 

disapproval of SJVUAPCD Rule 3170, 

Federally Mandated Ozone 

Nonattainment Fee. Rule 3170 is a local 

fee rule that applies to major sources of 

volatile organic compound and nitrogen 

oxide emissions within the San Joaquin 

Valley ozone nonattainment area. Due to 

a clerical error, the proposed rule that 

was published on July 14, 2009, was 

inconsistent with the signed document. 

Consequently, we are withdrawing the 

rule proposed on July 14, 2009, and in 

this Federal Register, we are publishing 

the proposed rule as originally signed. 

The rule being proposed in this Federal 

Register replaces the following rule 

published on July 14, 2009: 

Title: Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District (Proposed rule, 74 FR 33950, 

July 14, 2009, EPA–R09–OAR–2009– 

0024). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, Nitrogen dioxide, Ozone, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: July 30, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

[FR Doc. E9–19857 Filed 8–18–09; 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–AA32 

Possession, Use, and Transfer of 

Select Agents and Toxins—Chapare 

virus 

AGENCY: Department of Health and 

Human Services (HHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: We are proposing to add 

Chapare virus to the list of HHS select 

agents and toxins. We are proposing this 

action because Chapare virus has been 

phylogenetically identified as a Clade B 

arenavirus and is closely related to other 

currently regulated South American 

arenaviruses that cause haemorrhagic 

fever, particularly Sabia virus. 

DATES: Written comments must be 

received on or before October 19, 2009. 

ADDRESSES: Comments on the proposed 

change to the list of HHS select agents 

and toxins should be marked 

‘‘Comments on Chapare virus’’ and 

mailed to: Centers for Disease Control 

and Prevention, Select Agent Program, 

1600 Clifton Road, NE., Mailstop A–46, 

Atlanta, Georgia 30333. Comments may 

be e-mailed to: SAPcomments@cdc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Weyant, Director, Division of 

Select Agents and Toxins, Centers for 

Disease Control and Prevention, 1600 

Clifton Road, NE., Mailstop A–46, 

Atlanta, GA 30333. Telephone: (404) 

718–2000. 

SUPPLEMENTARY INFORMATION: The 

Public Health Security and Bioterrorism 

Preparedness and Response Act of 2002 

(the Act) authorizes the Secretary to 

regulate the possession, use, and 

transfer of select agents and toxins that 

have the potential to pose a severe 

threat to public health and safety. These 

regulations are set forth at 42 CFR part 

73. 

Criteria used to determine whether a 

select agent or toxin should be included 

under the provisions of these 

regulations are based on: 


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41830 Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 

• The effect on human health as a 

result of exposure to the agent or toxin, 

• The degree of contagiousness of the 

agent or toxin, 

• The methods by which the agent or 

toxin is transferred to humans, 

• The availability and effectiveness of 

pharmacotherapies and immunizations 

to treat and prevent any illness resulting 

from infection by the agent or toxin, and 

• Any other criteria, including the 

needs of children and other vulnerable 

populations that the HHS Secretary 

considers appropriate. 

Based on these criteria, we are 

proposing to amend the list of HHS 

select agents and toxins by adding 

Chapare virus to the list. 

After consulting with subject matter 

experts from CDC, the National 

Institutes of Health (NIH), the Food and 

Drug Administration (FDA), the United 

States Department of Agriculture 

(USDA)/Animal and Plant Health 

Inspection Service (APHIS), USDA/ 

Agricultural Research Service (ARS), 

USDA/CVB (Center for Veterinary 

Biologics), and the Department of 

Defense (DOD)/United States Army 

Medical Research Institute for Infectious 

Diseases (USAMRIID) and review of 

relevant published studies, (including 

Delgado S, Erickson BR, Agudo R, Blair 

PJ, Vallejo E, et al. Chapare Virus, a 

newly Discovered Arenavirus Isolated 

from a Fatal Hemorrhagic Fever Case in 

Bolivia. PLoS Pathog 4(4): e1000047, 

April 2008. Available at http:// 

www.plospathogens.org), we believe the 

Chapare virus should be added to the 

list of HHS select agents and toxins. 

The select agents and toxins that were 

first listed in part 73 included ‘‘South 

American Haemorrhagic Fever viruses 

(Junin, Machupo, Sabia, Flexal, 

Guanarito).’’ South American 

arenaviruses are rodent-borne viruses, 

some of which can be associated with 

large haemorrhagic fever outbreaks, and 

untreated case fatalities can be in excess 

of 30 percent. CDC prepared the list of 

select agents and toxins for a notice of 

intent to issue regulations after 

receiving extensive input from a group 

of scientists from 21 Federal 

government entities. Some public 

comments on the notice objected to the 

inclusion of certain other viruses. For 

example, one commenter indicated that 

monkeypox virus is not easily 

transmissible to humans and has not 

been demonstrated to result in high 

levels of mortality. CDC included 

monkeypox on the final rule list, 

however, in part because it has 

similarities with smallpox virus in that 

monkeypox has a similar clinical 

presentation. No commenters objected 

to the listing of South American 

haemorrhagic fever viruses. 

In December 2003 and January 2004, 

a small number of South American 

haemorrhagic fever cases were reported 

in rural Bolivia. Specimens were 

available from one fatal case, which had 

a clinical course that included fever, 

headache, arthralgia, myalgia, and 

vomiting with subsequent deterioration 

and multiple haemorrhagic signs. 

Isolated virus from two patient serum 

samples were tested for genetic 

similarity with other Clade B 

arenaviruses known to cause 

haemorrhagic fever. The complete 

genome analysis showed that the virus 

identified was a distinct new virus, 

subsequently named Chapare. Chapare 

virus was found to be most closely 

related to Sabia virus (causative agent 

for Brazilian haemorrhagic fever). 

We will consider comments that are 

received within 60 days of publication 

of this notice in the Federal Register. 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments that 

will be made to the rule as a result of 

the comments. 

If the proposed change is made, we 

would also consider whether the 

effective date for the regulation of the 

possession, use, and transfer of this 

agent should be phased in over a period 

of time greater than a 30-day effective 

date. We recognize that entities that 

currently possess an agent that would 

become regulated as a result of this 

proposed amendment to the regulations 

may need time to come into full 

compliance with the requirements of the 

regulations. In order to accommodate 

these entities, we are proposing that the 

Responsible Official at all unregistered 

entities must submit registration 

paperwork to include the new agent(s) 

and any new laboratory areas, as 

required in 42 CFR part 73 by 30 days 

after the effective date and all 

previously unregistered entities must be 

in full compliance with the regulations 

by 180 days after the effective date to 

minimize the disruption of research. 

Regulatory Analyses 

Paperwork Reduction Act 

This proposed rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been 

determined to be significant for the 

purposes of Executive Order 12866 and 

has been reviewed by the Office of 

Management and Budget. 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires an agency to 

review regulations to assess their impact 

on small entities unless the agency 

determines that a rule is not expected to 

have a significant impact on a 

substantial number of small entities. 

Entities most likely to be affected by 

this rule are laboratories and other 

institutions conducting research and 

related activities that involve the use of 

an agent that would become regulated as 

a result of this proposed amendment. 

Even though we believe the impact of 

these changes is expected to be 

minimal, we will consider comments on 

the impact of this proposed rule to 

determine if there will be a significant 

impact on small businesses. 

Unfunded Mandates 

The Unfunded Mandates Reform Act 

at 2 U.S.C. 1532 requires that agencies 

prepare an assessment of anticipated 

costs and benefits before developing any 

rule that may result in expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector of 

$100 million or more (adjusted for 

inflation) in any given year. This 

proposed rule is not expected to result 

in any one-year expenditure that would 

exceed this amount. 

Executive Order 12988 

This Notice of Proposed Rulemaking 

has been reviewed under Executive 

Order 12988, Civil Justice Reform. This 

rule: (1) Would preempt all State and 

local laws and regulations that are 

inconsistent with this rule; (2) would 

have no retroactive effect; and (3) would 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Executive Order 13132 

This Notice of Proposed Rulemaking 

has been reviewed under Executive 

Order 13132, Federalism. The notice 

does not propose any regulation that 

would preempt State, local, and Indian 

tribe requirements, or that would have 

any substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 


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Federal Register / Vol. 74, No. 159 / Wednesday, August 19, 2009 / Proposed Rules 41831 

List of Subjects in 42 CFR Part 73 

Biologics, Incorporation by reference, 

Packaging and containers, Penalties, 

Reporting and recordkeeping 

requirements, Transportation. 

Dated: August 5, 2009. 

Kathleen Sebelius, 

Secretary. 

For the reasons stated in the 

preamble, we are proposing to amend 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 

107–188, 116 Stat. 637 (42 U.S.C. 262a). 

2. Amend § 73.3 by revising the entry 

for ‘‘South American Haemorrhagic 

Fever viruses’’ in paragraph (b) and the 

reference to it in paragraph (f)(3)(i) to 

read as follows: 

§ 73.3 HHS select agents and toxins. 

* * * * * 

(b) * * * 

South American Haemorrhagic Fever 

viruses (Chapare, Junin, Machupo, 

Sabia, Flexal, Guanarito) 

* * * * * 

(f) * * * 

(3) * * * 

(i) * * * South American 

Haemorrhagic Fever viruses (Chapare, 

Junin, Machupo, Sabia, Flexal, 

Guanarito) * * *. 

* * * * * 

§ 73.5 [Amended] 

3. Amend paragraph (a)(3)(i) of § 73.5 

by removing the phrase ‘‘South 

American Haemorrhagic Fever viruses 

(Junin, Machupo, Sabia, Flexal, 

Guanarito)’’ and adding in its place 

‘‘South American Haemorrhagic Fever 

viruses (Chapare, Junin, Machupo, 

Sabia, Flexal, Guanarito)’’. 

§ 73.9 [Amended] 

4. Amend paragraph (c)(1) of § 73.9 by 

removing the phrase ‘‘South American 

Haemorrhagic Fever viruses (Junin, 

Machupo, Sabia, Flexal, Guanarito)’’ 

and adding in its place ‘‘South 

American Haemorrhagic Fever viruses 

(Chapare, Junin, Machupo, Sabia, 

Flexal, Guanarito)’’. 

[FR Doc. E9–19737 Filed 8–18–09; 8:45 am] 

BILLING CODE 4160–17–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 535 

[Docket No. 09–02] 

RIN 3072–AC35 

Repeal of Marine Terminal Agreement 

Exemption 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: In a proposed rule published 

in the Federal Register on July 2, 2009, 

the Federal Maritime Commission 

proposed to repeal the exemption from 

the 45-day waiting period requirement 

applicable to certain Marine Terminal 

Agreements. The Commission also 

proposed to correct a typographical 

error in its regulations. This document 

extends the comment period. 

DATES: Comments on the proposed rule 

published July 2, 2009 (74 FR 31666), 

are due by September 8, 2009. 

ADDRESSES: Address all comments 

concerning this proposed rule to: Karen 

V. Gregory, Secretary, Federal Maritime 

Commission, 800 North Capitol Street, 

NW., Room 1046, Washington, DC 

20573–0001, Secretary@fmc.gov, (202) 

523–5725. 

FOR FURTHER INFORMATION CONTACT: 

Peter J. King, General Counsel, Federal 

Maritime Commission, 800 North 

Capitol Street, NW., Room 1018, 

Washington, DC 20573–0001, 

generalcounsel@fmc.gov, (202) 523– 

5740. 

Karen V. Gregory, 

Secretary. 

[FR Doc. E9–19901 Filed 8–18–09; 8:45 am] 

BILLING CODE P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–1727; MB Docket No. 09–130; RM– 

11538] 

Radio Broadcasting Services; Maupin, 

OR 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: The Audio Division at the 

request of Maupin Broadcasting 

Company proposes the allotment of 

Channel 244C2 at Maupin, Oregon, as 

its first local service. A staff engineering 

analysis indicates that Channel 244C2 

can be allotted to Maupin consistent 

with the minimum distance separation 

requirements of the Rules with a site 

restriction 1.2 kilometers (0.7 miles) 

west located at reference coordinates 

45–10–24 NL and 121–05–43 WL. 

DATES: Comments must be filed on or 

before September 24, 2009, and reply 

comments on or before October 9, 2009. 

ADDRESSES: Secretary, Federal 

Communications Commission, 445 

Twelfth Street, SW., Washington, DC 

20554. In addition to filing comments 

with the FCC, interested parties should 

serve the petitioner, as follows: Mathew 

H. McCormick, Esq., c/o Maupin 

Broadcasting Company, Fletcher, Heald 

& Hildreth, PLC, 1300 North 17th Street, 

11th Floor. Arlington, Virginia 22209. 

FOR FURTHER INFORMATION CONTACT: 

Rolanda F. Smith, Media Bureau, (202) 

418–2180. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Notice of 

Proposed Rule Making, MB Docket No. 

09–130, adopted July 30, 2009, and 

released August 3, 2009. The full text of 

this Commission decision is available 

for inspection and copying during 

normal business hours in the FCC’s 

Reference Information Center at Portals 

II, CY–A257, 445 Twelfth Street, SW., 

Washington, DC 20554. This document 

may also be purchased from the 

Commission’s duplicating contractors, 

Best Copy and Printing, Inc., 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554, telephone 

1–800–378–3160 or via e-mail http:// 

www.BCPIWEB.com. This document 

does not contain proposed information 

collection requirements subject to the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Provisions of the Regulatory 

Flexibility Act of 1980 do not apply to 

this proceeding. 

Members of the public should note 

that from the time a Notice of Proposed 

Rule Making is issued until the matter 

is no longer subject to Commission 

consideration or court review, all ex 

parte contacts are prohibited in 

Commission proceedings, such as this 

one, which involve channel allotments. 

See 47 CFR 1.1204(b) for rules 

governing permissible ex parte contacts. 

For information regarding proper 

filing procedures for comments, see 47 

CFR 1.415 and 1.420. 


CPrice-Sewell on DSK1DXX6B1PROD with PROPOSALS