Currently there are 4 Biosafety levels listed by the CDC, based on the neccessary procedures to ensure containment of a biological agent. BSL-4, the maximum level of caution and containment currently used in laboratories, is considered extremely thorough and is very costly to maintain. Is it however concievable that some time before 2040 an additional level of containment standards could be created/announed for an especially hazardous agent? The creation of such a category would be for an especially dangerous or virulent agent, and would be indicative of a high level of human risk.
If the CDC announces a Biosafety Level 5 category before 2040, this question will resolve yes. If there is no such announcement before January 1st 2040, it will resolve no.