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USDA/APHIS RIN: 0579-AE52 Publication ID: Fall 2023 
Title: Agricultural Bioterrorism Protection Act of 2002; Biennial Review and Republication of the Select Agent and Toxin List 

In accordance with the Agricultural Bioterrorism Protection Act of 2002, we are proposing to amend and republish the select agent and toxin lists that have the potential to pose a severe threat to animal or plant health, or to animal or plant products. The Act requires the biennial review and republication of the list of select agents and toxins and the revision of the list as necessary. This action would implement findings of biennial review of the lists. In addition, we are proposing to codify operational procedures and policies necessary to enforce the regulations. This action was vetted with Tribal nations, and APHIS has subsequent conversations with one Tribal nation in order to ensure the provisions would not adversely affect them.

Agency: Department of Agriculture(USDA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 7 CFR 331    9 CFR 121   
Legal Authority: 7 U.S.C. 8401   
Legal Deadline:  None
Action Date FR Cite
ANPRM  03/17/2020  85 FR 15078   
ANPRM Comment Period End  05/18/2020 
NPRM  11/00/2023 
NPRM Comment Period End  01/00/2024 
Additional Information: Additional information about APHIS and its programs is available on the Internet at
Regulatory Flexibility Analysis Required: Undetermined  Government Levels Affected: Federal, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jack Taniewski
DVM, Director, Agricultural Select Agents and Toxins, ERCS
Department of Agriculture
Animal and Plant Health Inspection Service
4700 River Road,
Riverdale, MD 20737
Phone:301 851-3352