[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56369-56370]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23500]



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 Rules and Regulations
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  Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / 
Rules and Regulations  

[[Page 56369]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 141229999-5828-02]
RIN 0694-AG45


Implementation of the Australia Group (AG) November 2013 
Intersessional Decisions; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) publishes this final 
rule to correct typographical errors contained in a final rule 
published on June 16, 2015 (80 FR 34266), which amended the Export 
Administration Regulations (EAR) to implement the recommendations 
presented at the November 2013 Australia Group (AG) intersessional 
implementation meeting and later adopted pursuant to the AG silent 
approval procedure. The typographical errors appear in a Note to ECCN 
1C351.a, which includes viruses identified on the AG ``List of Human 
and Animal Pathogens and Toxins for Export Control.'' This rule also 
identifies another typographical error in the June 16, 2015, final rule 
involving the ``Reason for Control'' paragraph for ECCN 1E351. This 
error does not require a correction at this time, but is being 
identified to provide clarification to the public.

DATES: This rule is effective September 18, 2015.

FOR FURTHER INFORMATION CONTACT: Richard P. Duncan, Ph.D., Director, 
Chemical and Biological Controls Division, Office of Nonproliferation 
and Treaty Compliance, Bureau of Industry and Security, Telephone: 
(202) 482-3343, Email: [email protected].

SUPPLEMENTARY INFORMATION: 
    On June 16, 2015, the Bureau of Industry and Security (BIS) 
published the final rule ``Implementation of the Australia Group (AG) 
November 2013 Intersessional Decisions'' (80 FR 34266), which amended 
the Export Administration Regulations (EAR) to reflect the merger of 
two AG common control lists by removing ECCN 1C352 (animal pathogens) 
from the CCL and adding the pathogens previously controlled under ECCN 
1C352 to ECCN 1C351 (human and zoonotic pathogens and ``toxins''). The 
latter ECCN was renamed to indicate that it controls both human and 
animal pathogens and ``toxins.'' That final rule also renumbered the 
items in ECCN 1C351.a, and certain items in ECCN 1C351.c to accommodate 
the addition to ECCN 1C351 of those items that had been controlled 
under ECCN 1C352 prior to the publication of that rule.
    As amended by the June 16, 2015, final rule, the Note to ECCN 
1C351.a.4 (which controls avian influenza viruses identified as having 
high pathogenicity) incorrectly referenced ECCN 1C352.a.4, instead of 
ECCN 1C351.a.4. This final rule corrects the references contained in 
that Note. Specifically, the Note to ECCN 1C351.a.4 is corrected to 
read as follows: ``Avian influenza (AI) viruses of the H5 or H7 subtype 
that do not have either of the characteristics described in 1C351.a.4 
(specifically, 1C351.a.4.a or a.4.b) should be sequenced to determine 
whether multiple basic amino acids are present at the cleavage site of 
the haemagglutinin molecule (HA0). If the amino acid motif is similar 
to that observed for other HPAI isolates, then the isolate being tested 
should be considered as HPAI and the virus is controlled under 
1C351.a.4.'' The corrections to this Note do not affect the scope of 
the controls described in ECCN 1C351.a.4.
    In addition, the text for ECCN 1E351, as published in the June 16, 
2015, final rule incorrectly identified the applicable controls for 
this ECCN under the ``Reason for Control'' paragraph in the License 
Requirements section. Specifically, the ``Reason for Control'' 
paragraph mistakenly identified the applicable controls for ECCN 1E351 
as ``NS, MT, NP, CB, RS, AT,'' instead of ``CB, AT.'' It is not 
necessary, however, to amend ECCN 1E351 to correct this error, because 
the amendatory instructions for ECCN 1E351 in the June 16, 2015, final 
rule did not include a specific instruction to amend the ``Reason for 
Control'' paragraph for this ECCN. Consequently, the ``Reason for 
Control'' paragraph in ECCN 1E351 was not revised by the June 16, 2015, 
final rule. The paragraph, as published in the CCL, continues to 
correctly identify the applicable controls for this ECCN as ``CB, AT.'' 
BIS identifies this error to inform the public of the inconsistency 
between the contents of the June 16, 2015, final rule and the CCL, and 
to provide clarification regarding the applicable controls for ECCN 
1E351.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of 
August 7, 2015 (80 FR 48,233 (Aug. 11, 2015)), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act. BIS continues to carry out the provisions of the 
Export Administration Act, as appropriate and to the extent permitted 
by law, pursuant to Executive Order 13222, as amended by Executive 
Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.) (PRA), unless that collection of information displays a currently 
valid

[[Page 56370]]

Office of Management and Budget (OMB) Control Number. This rule 
contains a collection of information subject to the requirements of the 
PRA. This collection has been approved by OMB under Control Number 
0694-0088 (Multi-Purpose Application), which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and 
to the Regulatory Policy Division, Bureau of Industry and Security, 
Department of Commerce, 14th Street & Pennsylvania Avenue NW., Room 
2705, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking and the opportunity for 
public participation are waived for good cause because they are 
unnecessary and contrary to the public interest. (See 5 U.S.C. 
553(b)(B)). The changes contained in this rule are non-substantive 
technical corrections of a previously published rule that has already 
been exempted from notice and comment. This rule is necessary to ensure 
clarity in the regulations and accuracy regarding the scope of controls 
in the Note to ECCN 1C351.a.4. If this rule were delayed to allow for 
notice and comment, it would result in further confusion caused by the 
incorrect cross-references in that ECCN. These changes are also 
essential to ensuring the accurate and complete implementation of the 
June 16, 2015, final rule.
    The provision of the Administrative Procedure Act (5 U.S.C. 553) 
requiring a 30-day delay in effectiveness is also waived for good 
cause. (5 U.S.C. 553(d)(3)). The corrections contained in this final 
rule are non-substantive technical corrections of a previously 
published rule that has already been exempted from notice and comment. 
If this rule were delayed to allow for a 30-day delay in effectiveness, 
it would result in further confusion caused by the incorrect cross-
references in the aforementioned ECCN. These changes are also essential 
to ensuring the accurate and complete implementation of the June 16, 
2015, final rule.
    Further, no other law requires that a notice of proposed rulemaking 
and an opportunity for public comment be given for this final rule. 
Because a notice of proposed rulemaking and an opportunity for public 
comment are not required to be given for this rule under the 
Administrative Procedure Act or by any other law, the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, part 774 of the Export 
Administration Regulations (15 CFR parts 730-774) is amended as 
follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 7, 2015 (80 FR 48233 (Aug. 11, 2015)).


0
2. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1-- Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' ECCN 1C351 is amended under the 
``Items'' paragraph in the List of Items Controlled section by revising 
the Note immediately following paragraph a.4.b to read as follows:

Supplement No. 1 to Part 774--the Commerce Control List

* * * * *
1C351 Human and animal pathogens and ``toxins'', as follows (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
    a. * * *
    a.4. * * *
    a.4.b. * * *

    Note: Avian influenza (AI) viruses of the H5 or H7 subtype that 
do not have either of the characteristics described in 1C351.a.4 
(specifically, 1C351.a.4.a or a.4.b) should be sequenced to 
determine whether multiple basic amino acids are present at the 
cleavage site of the haemagglutinin molecule (HA0). If the amino 
acid motif is similar to that observed for other HPAI isolates, then 
the isolate being tested should be considered as HPAI and the virus 
is controlled under 1C351.a.4.

* * * * *

    Dated: September 10, 2015.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2015-23500 Filed 9-17-15; 8:45 am]
BILLING CODE 3510-33-P