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4 April 2008


[Federal Register: April 4, 2008 (Volume 73, Number 66)]
[Notices]               
[Page 18542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04ap08-68]                         

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DEPARTMENT OF HOMELAND SECURITY

 
BioWatch Filter Holder Log

AGENCY: Office of Health Affairs, Weapons of Mass Destruction (WMD) and 
Biodefense, Chem/Bio Early Detection Division, DHS.

ACTION: 60-Day Notice and request for comments; New Information 
Collection Request.

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SUMMARY: The Department of Homeland Security, Office of Health Affairs, 
WMD and Biodefense, has submitted the following information collection 
request (ICR) to the Office of Management and Budget (OMB) for review 
and clearance in accordance with the Paperwork Reduction Act of 1995 
(Pub. L. 104-13, 44 U.S.C. Chapter 35).

DATES: Comments are encouraged and will be accepted until June 3, 2008. 
This process is conducted in accordance with 5 CFR 1320.1.

ADDRESSES: Comments and questions about this Information Collection 
Request should be forwarded to the Division Director, Chem/Bio Early 
Detection Division, Attn: Dr. Jeffrey Stiefel for the Department of 
Homeland Security, Office of Health Affairs, WMD and Biodefense, 
Washington, DC 20528.

FOR FURTHER INFORMATION CONTACT: Dr. Jeffrey Stiefel, 703-647-8056 or 
202-254-6076 (this is not a toll free number).

SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS), 
Office of Health Affairs, WMD and Biodefense, Chem/Bio Early Detection 
Division requires the collection of information by BioWatch 
jurisdictions. The BioWatch Program operates aerosol collector 
equipment in approximately 30 U.S. jurisdictions to monitor for the 
presence of organisms that may be related to the deliberate release of 
a select subset of biological threat agents. Information is collected 
in writing by a representative of a BioWatch jurisdiction (either an 
employee, or a contractor) responsible for installing and removing 
filters from aerosol collection devices and transporting them to local 
laboratories for sample analysis. A standard filter holder log is 
completed for each sample and is archived by the BioWatch jurisdiction 
for a year. The DHS BioWatch Program provides financial support to the 
participating jurisdictions for the cost of collection and laboratory 
analysis activities, including the preparation of the filter holder log 
and other documentation. The Federal Bureau of Investigation (FBI) has 
instructed the BioWatch Program to maintain a written record for each 
collected filter sample to support law enforcement activities, 
including criminal prosecution in the case of a deliberate release of a 
biological agent. Collection of written records establishing chain of 
custody for samples containing biological agents and toxins for the 
purpose of evidence in a criminal proceeding is consistent with the 
``Best Evidence Rule'', Section 1002, of the Federal Rules of Evidence. 
The FBI instruction to the BioWatch program is consistent with Section 
7 of the FBI Quality Assurance Guidelines for Laboratories Performing 
Microbial Forensic Work, produced by the members of the Scientific 
Working Group on Microbial Genetics and Forensics (SWGMGF). Such 
recordkeeping supports mandatory reporting requirements directed by The 
APHIS Interim Final Rule 7 CFR part 331, Possession, Use, and Transfer 
of Biological Agents and Toxins; and the CDC Interim Final Rule 42 CFR 
part 73, Possession, Use, and Transfer of Select Agents and Toxins, 
inter alia.
    The Office of Management and Budget is particularly interested in 
comments which:
    1. Evaluate whether the proposed collection of information is 
necessary for the proper performance of the functions of the agency, 
including whether the information will have practical utility;
    2. Evaluate the accuracy of the agency's estimate of the burden of 
the proposed collection of information, including the validity of the 
methodology and assumptions used;
    3. Enhance the quality, utility, and clarity of the information to 
be collected; and
    4. Minimize the burden of the collection of information on those 
who are to respond, including through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology, e.g., permitting electronic 
submissions of responses.

Analysis

    Agency: Department of Homeland Security, Office of Health Affairs, 
WMD and Biodefense, Chem/Bio Early Detection Division.
    Title: BioWatch Filter Holder Log.
    DHS Form: 9500 (5/07).
    OMB Number: 1601--NEW.
    Frequency: Once daily.
    Affected Public: State, Local, and Tribal Governments.
    Number of Respondents: 522.
    Estimated Time per Respondent: 1 minute.
    Total Burden Hours: 3,182 annual burden hours.
    Total Burden Cost (capital/startup): $0.00.
    Total Burden Cost (operating/maintaining): $144,770.

    Dated: March 28, 2008.
Charles Armstrong,
Acting Chief Information Officer.
 [FR Doc. E8-7077 Filed 4-3-08; 8:45 am]

BILLING CODE 4410-10-P