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CFR › Title 42 › Chapter I › Subchapter F › Part 73 › Section 73.10

42 CFR 73.10 - Restricting access to select agents and toxins; security risk assessments.

There are 2 Updates appearing in the Federal Register for 42 CFR 73. Select the tab below to view, or View eCFR (GPOAccess)
§ 73.10
Restricting access to select agents and toxins; security risk assessments.
(a) An individual or entity required to register under this part may not provide an individual access to a select agent or toxin, and an individual may not access a select agent or toxin, unless the individual is approved by the HHS Secretary or Administrator, following a security risk assessment by the Attorney General.
(b) An individual will be deemed to have access at any point in time if the individual has possession of a select agent or toxin (e.g., ability to carry, use, or manipulate) or the ability to gain possession of a select agent or toxin.
(c) Each individual with access to select agents or toxins must have the appropriate education, training, and/or experience to handle or use such agents or toxins.
(d) To apply for access approval, each individual must submit the information necessary to conduct a security risk assessment to the Attorney General.
(e) An individual's security risk assessment may be expedited upon written request by the Responsible Official and a showing of good cause (e.g., public health or agricultural emergencies, national security, or a short term visit by a prominent researcher). A written decision granting or denying the request will be issued.
(f) An individual's access approval will be denied or revoked if the individual is within any of the categories described in 18 U.S.C. 175b ,
(g) An individual's access approval may be denied, limited, or revoked if:
(1) The individual is reasonably suspected by any Federal law enforcement or intelligence agency of committing a crime specified in 18 U.S.C. 2332b(g)(5), knowing involvement with an organization that engages in domestic or international terrorism (as defined in 18 U.S.C. 2331) or with any other organization that engages in intentional crimes of violence, or being an agent of a foreign power (as defined in 50 U.S.C. 1801 ), or
(2) It is determined such action is necessary to protect public health and safety.
(h) An individual may appeal the HHS Secretary's decision to deny, limit, or revoke access approval under § 73.20.
(i) Access approval is valid for a maximum of five years.
(j) The Responsible Official must immediately notify CDC or APHIS when an individual's access to select agents or toxins is terminated by the entity and the reasons therefore.

Title 42 published on 2012-10-01

The following are only the Rules published in the Federal Register after the published date of Title 42.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2012-12-04; vol. 77 # 233 - Tuesday, December 4, 2012
    1. 77 FR 71702 - Possession, Use, and Transfer of Select Agents and Toxins; Biennial Review
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      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Disease Control and Prevention (CDC)
      Final rule; correction.
      Effective Date: Effective December 4, 2012.
      42 CFR Part 73

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

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United States Code
U.S.C. : Title 42 - THE PUBLIC HEALTH AND WELFARE

§ 262a - Enhanced control of dangerous biological agents and toxins

Title 42 published on 2012-10-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 42 CFR 73 after this date.

  • 2013-02-08; vol. 78 # 27 - Friday, February 8, 2013
    1. 78 FR 9355 - Influenza Viruses Containing the Hemagglutinin From the Goose/Guangdong/1/96 Lineage
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      DEPARTMENT OF HEALTH AND HUMAN SERVICES, Centers for Disease Control and Prevention (CDC)
      Request for information; reopening of comment period.
      Written or electronic comments must be received on or before March 11, 2013.
      42 CFR Part 73