Document ID: chunk:federal_register_of_legislation:C2024C00510:section:49
Version: federal_register_of_legislation:C2024C00510
Segment Type: section
Provision Reference: s 49
Character Range: 98380–100680

49  Secretary must consider report of changes and decide whether or not to vary the National Register
 (1) If the Secretary receives a report about a reportable event from an entity under section 48, the Secretary must decide whether or not to vary the National Register to take account of the event.
 (2) For the purpose of making a decision under subsection (1), the Secretary may, by written notice to the entity, do either or both of the following:
 (a) request the entity to provide such further information as the Secretary requires within the period specified in the notice, or within such longer period as the Secretary allows;
 (b) request the entity to allow an inspector to inspect a specified facility of the entity at a reasonable time.
 (3) A notice requesting the entity to provide further information under paragraph (2)(a) must state that, if the entity does not provide the information within the period allowed under that paragraph, the Secretary may require the entity to dispose of its entire holdings of any or all of the security‑sensitive biological agents to which the report relates.
 (4) The Secretary must decide to vary the National Register to take account of the reportable event if:
 (a) the entity provided all the information required by paragraph 48(5)(b), and any further information requested under paragraph (2)(a) of this section, in relation to the reportable event; and
 (b) if the reportable event is the event referred to in paragraph 48(1)(a) or subparagraph 48(1)(d)(i)—the Secretary is satisfied that the purpose stated in the entity's report for which the entity is handling the security‑sensitive biological agent to which the reportable event relates is a legitimate purpose.
 (5) The Secretary must notify the entity in writing of the Secretary's decision under subsection (1). The notice must include the information (if any) prescribed by the regulations.
Note 1: Section 50 applies if the requirements referred to in paragraph (4)(a) of this section are not met.
Note 2: Section 52 applies if the reportable event is the event referred to in paragraph 48(1)(a) or subparagraph 48(1)(d)(i) and the requirements referred to in paragraph (4)(a) of this section are met but the requirement referred to in paragraph (4)(b) of this section is not met.