[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Rules and Regulations]
[Pages 34266-34274]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14471]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, 752 and 774
[Docket No. 141229999-4999-01]
RIN 0694-AG45
Implementation of the Australia Group (AG) November 2013
Intersessional Decisions
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend 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. Specifically, this rule amends the
Commerce Control List (CCL) entry in the EAR that controls
[[Page 34267]]
certain human and zoonotic pathogens and toxins, and removes the CCL
entry that controls certain animal pathogens to reflect the merger of
two AG common control lists based on recommendations presented at the
AG intersessional implementation meeting. As a result of these
recommendations, the AG ``List of Animal Pathogens for Export Control''
was merged with the AG ``List of Biological Agents for Export
Control,'' creating a single AG common control list for these items
(i.e., the AG ``List of Human and Animal Pathogens and Toxins for
Export Control''). The scope of the controls on these human and animal
pathogens and toxins was not affected by the merger of the two lists
into a single AG common control list. This rule also makes conforming
amendments to other provisions in the EAR to reflect these changes.
In addition, this rule amends the CCL entry that controls chemical
manufacturing facilities and equipment to reflect changes to the AG
``Control List of Dual-Use Chemical Manufacturing Facilities and
Equipment and Related Technology and Software,'' based on the November
2013 AG intersessional recommendation to revise controls on certain
valves, casings (valve bodies) designed for such valves, and preformed
casing liners designed for such valves. This rule also amends this CCL
entry to add a Technical Note clarifying how the terms ``multi-seal''
and ``seal-less'' are used with respect to the controls on pumps. In a
change unrelated to any revisions to the AG common control lists or
guidelines, this rule also amends this CCL entry to authorize the use
of License Exception LVS for specified shipments.
This rule does not contain changes based on the understandings
reached at the June 2014 AG Plenary meeting, because no amendments to
the EAR were required as a result of these understandings.
DATES: This rule is effective June 16, 2015.
ADDRESSES: Send comments regarding this collection of information,
including suggestions for reducing the burden, to Jasmeet Seehra,
Office of Management and Budget (OMB), by email to
[email protected], or by fax to (202) 395-7285; and to the
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, 14th Street & Pennsylvania Avenue NW., Room 2705,
Washington, DC 20230.
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: The Bureau of Industry and Security (BIS) is
amending the Export Administration Regulations (EAR) to implement the
recommendations presented at the Australia Group (AG) Intersessional
meeting held in Budapest, Hungary, on November 18-22, 2013, and adopted
pursuant to the AG silent approval procedure in January/February 2014.
The AG is a multilateral forum consisting of 41 participating countries
that maintain export controls on a list of chemicals, biological
agents, and related equipment and technology that could be used in a
chemical or biological weapons program. The AG periodically reviews
items on its control list to enhance the effectiveness of participating
governments' national controls and to achieve greater harmonization
among these controls.
Merger of ECCN 1C352 With ECCN 1C351 (Human and Animal Pathogens and
``Toxins'')
The AG intersessional recommendations adopted in January 2014
addressed the merger of the AG ``List of Animal Pathogens for Export
Control'' with the AG ``List of Biological Agents for Export Control''
to create a single AG common control list for all of these pathogens
and toxins (i.e., the AG ``List of Human and Animal Pathogens and
Toxins for Export Control'').
This final rule amends the EAR to reflect the merger of these 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 is renamed to indicate that it now controls both human and animal
pathogens and ``toxins.'' This rule also renumbers the items in ECCN
1C351.a, and certain items in ECCN 1C351.c to accommodate the addition
to ECCN 1C351 of those items that were controlled under ECCN 1C352
prior to the publication of this rule. The following table lists the
viruses that are controlled under ECCN 1C351.a, as a result of the
removal of ECCN 1C352 and the aforementioned amendments to ECCN 1C351,
and indicates the previous and current CCL designations for each item.
------------------------------------------------------------------------
Previous CCL Current CCL
AG-Controlled viruses designation designation
------------------------------------------------------------------------
African horse sickness virus..... ECCN 1C352.a.17... ECCN 1C351.a.1.
African swine fever virus........ ECCN 1C352.a.1.... ECCN 1C351.a.2.
Andes virus...................... ECCN 1C351.a.1.... ECCN 1C351.a.3.
Avian influenza virus............ ECCN 1C352.a.2.... ECCN 1C351.a.4.
Bluetongue virus................. ECCN 1C352.a.3.... ECCN 1C351.a.5.
Chapare virus.................... ECCN 1C351.a.2.... ECCN 1C351.a.6.
Chikungunya virus................ ECCN 1C351.a.3.... ECCN 1C351.a.7.
Choclo virus..................... ECCN 1C351.a.4.... ECCN 1C351.a.8.
Congo-Crimean haemorrhagic fever ECCN 1C351.a.5.... ECCN 1C351.a.9.
virus.
Dengue fever virus............... ECCN 1C351.a.6.... ECCN 1C351.a.10.
Dobrava-Belgrade virus........... ECCN 1C351.a.7.... ECCN 1C351.a.11.
Eastern equine encephalitis virus ECCN 1C351.a.8.... ECCN 1C351.a.12.
Ebola virus...................... ECCN 1C351.a.9.... ECCN 1C351.a.13.
Foot and mouth disease virus..... ECCN 1C352.a.4.... ECCN 1C351.a.14.
Goat pox virus................... ECCN 1C352.a.5.... ECCN 1C351.a.15.
Guanarito virus.................. ECCN 1C351.a.10... ECCN 1C351.a.16.
Hantaan virus.................... ECCN 1C351.a.11... ECCN 1C351.a.17.
Hendra virus (Equine ECCN 1C351.a.12... ECCN 1C351.a.18.
morbillivirus).
Herpes virus (Aujeszky's disease) ECCN 1C352.a.6.... ECCN 1C351.a.19.
Hog cholera virus (syn.: swine ECCN 1C352.a.7.... ECCN 1C351.a.20.
fever virus).
Japanese encephalitis virus...... ECCN 1C351.a.13... ECCN 1C351.a.21.
Junin virus...................... ECCN 1C351.a.14... ECCN 1C351.a.22.
Kyasanur Forest virus............ ECCN 1C351.a.15... ECCN 1C351.a.23.
[[Page 34268]]
Laguna Negra virus............... ECCN 1C351.a.16... ECCN 1C351.a.24.
Lassa fever virus................ ECCN 1C351.a.17... ECCN 1C351.a.25.
Louping ill virus................ ECCN 1C351.a.18... ECCN 1C351.a.26.
Lujo virus....................... ECCN 1C351.a.19... ECCN 1C351.a.27.
Lumpy skin disease virus......... ECCN 1C352.a.16... ECCN 1C351.a.28.
Lymphocytic choriomeningitis ECCN 1C351.a.20... ECCN 1C351.a.29.
virus.
Machupo virus.................... ECCN 1C351.a.21... ECCN 1C351.a.30.
Marburg virus.................... ECCN 1C351.a.22... ECCN 1C351.a.31.
Monkey pox virus................. ECCN 1C351.a.23... ECCN 1C351.a.32.
Murray Valley encephalitis virus. ECCN 1C351.a.24... ECCN 1C351.a.33.
Newcastle disease virus.......... ECCN 1C352.a.9.... ECCN 1C351.a.34.
Nipah virus...................... ECCN 1C351.a.25... ECCN 1C351.a.35.
Omsk haemorrhagic fever virus.... ECCN 1C351.a.26... ECCN 1C351.a.36.
Oropouche virus.................. ECCN 1C351.a.27... ECCN 1C351.a.37.
Peste des petits ruminants virus. ECCN 1C352.a.10... ECCN 1C351.a.38.
Porcine enterovirus type 9 (syn.: ECCN 1C352.a.11... ECCN 1C351.a.39.
swine vesicular disease virus).
Powassan virus................... ECCN 1C351.a.28... ECCN 1C351.a.40.
Rabies virus and other members of ECCN 1C352.a.8.... ECCN 1C351.a.41.
the Lyssavirus genus.
Rift Valley fever virus.......... ECCN 1C351.a.29... ECCN 1C351.a.42.
Rinderpest virus................. ECCN 1C352.a.12... ECCN 1C351.a.43.
Rocio virus...................... ECCN 1C351.a.30... ECCN 1C351.a.44.
Sabia virus...................... ECCN 1C351.a.31... ECCN 1C351.a.45.
Seoul virus...................... ECCN 1C351.a.32... ECCN 1C351.a.46.
Sheep pox virus.................. ECCN 1C352.a.13... ECCN 1C351.a.47.
Sin nombre virus................. ECCN 1C351.a.33... ECCN 1C351.a.48.
St. Louis encephalitis virus..... ECCN 1C351.a.34... ECCN 1C351.a.49.
Teschen disease virus............ ECCN 1C352.a.14... ECCN 1C351.a.50.
Tick-borne encephalitis virus ECCN 1C351.a.35... ECCN 1C351.a.51.
(Russian Spring-Summer
encephalitis virus).
Variola virus.................... ECCN 1C351.a.36... ECCN 1C351.a.52.
Venezuelan equine encephalitis ECCN 1C351.a.37... ECCN 1C351.a.53.
virus.
Vesicular stomatitis virus....... ECCN 1C352.a.15... ECCN 1C351.a.54.
Western equine encephalitis virus ECCN 1C351.a.38... ECCN 1C351.a.55.
Yellow fever virus............... ECCN 1C351.a.39... ECCN 1C351.a.56.
------------------------------------------------------------------------
The redesignations of, and additions to, the bacteria controlled
under ECCN 1C351.c are indicated in the following table. The
designations of the bacteria listed in ECCN 1C351.c.1 through .c.14
were not affected by the amendments to ECCN 1C351 and the removal of
ECCN 1C352.
------------------------------------------------------------------------
Previous CCL Current CCL
AG-Controlled bacteria designation designation
------------------------------------------------------------------------
Mycoplasma capricolum subspecies ECCN 1C352.b.1.b.. ECCN 1C351.c.15.
capripneumoniae (``strain F38'').
Mycoplasma mycoides subspecies ECCN 1C352.b.1.a.. ECCN 1C351.c.16.
mycoides SC (small colony)
(a.k.a. contagious bovine
pleuropneumonia).
Rickettsia prowazekii............ ECCN 1C351.c.15... ECCN 1C351.c.17.
Salmonella typhi................. ECCN 1C351.c.16... ECCN 1C351.c.18.
Shiga toxin producing Escherichia ECCN 1C351.c.17... ECCN 1C351.c.19.
coli (STEC).
Shigella dysenteriae............. ECCN 1C351.c.18... ECCN 1C351.c.20.
Vibrio cholerae.................. ECCN 1C351.c.19... ECCN 1C351.c.21.
Yersinia pestis.................. ECCN 1C351.c.20... ECCN 1C351.c.22.
------------------------------------------------------------------------
Conforming Amendments
This rule also makes a number of conforming amendments to other EAR
provisions to reflect the removal of ECCN 1C352 and the merger of the
animal pathogens previously controlled under this ECCN with the human
pathogens and toxins controlled under ECCN 1C351.
Specifically, this rule amends Section 740.20 (License Exception
Strategic Trade Authorization (STA)) by removing two references to ECCN
1C352 from paragraph (b)(2)(v), which excludes from STA eligibility
certain items on the CCL that are subject to chemical/biological (CB)
license requirements to destinations indicated under CB Column 1 on the
Commerce Country Chart (Supplement No. 1 to part 738 of the EAR). This
rule also removes the reference to ECCN 1C352 from Section
742.2(a)(1)(i), which identifies the items on the CCL that require a
license for CB reasons to destinations indicated under CB Column 1 on
the Commerce Country Chart.
In addition, this rule amends Supplement No. 1 to part 742 (Non-
proliferation of Chemical and Biological Weapons) to remove references
to ECCN 1C352 from paragraph (3), paragraphs (9)(ii) and (9)(iii), and
paragraph (12). This rule also amends Section 752.3 to remove the
reference to ECCN 1C352 from paragraph (a)(2), which identifies items
controlled for CB reasons that are excluded from eligibility for
Special Comprehensive Licenses. None of these changes affect the
application of the aforementioned EAR provisions to the items
previously controlled under ECCN 1C352, because all of these items are
now controlled under ECCN 1C351, which continues to be referenced by
each of these EAR provisions.
This rule also makes conforming amendments to ECCNs 1C353, 1C991,
1E001, and 1E351 to reflect the removal of ECCN 1C352 and the merger of
the animal pathogens previously controlled under this ECCN with the
human
[[Page 34269]]
pathogens and toxins controlled under ECCN 1C351. Specifically, this
rule amends the List of Items controlled section in ECCN 1C353 to
remove references to ECCN 1C352 from: (1) The Related Controls
paragraph; (2) paragraphs .a.1 and .b.1 of the ``Items'' paragraph; and
(3) the introductory text and paragraph .b of Technical Note 3 to ECCN
1C353. ECCN 1C991 is amended to remove the reference to ECCN 1C352 from
paragraph .a of the ``Items'' paragraph under the List of Items
Controlled section. The License Requirements section of ECCN 1E001 is
amended by removing the reference to ECCN 1C352 from the ``Control(s)''
language for ``Country Chart--CB Column 1.'' In addition, this rule
amends ECCN 1E351 to remove references to ECCN 1C352 from the ECCN
heading and from the ``Control(s)'' language for ``Country Chart--CB
Column 1'' in the License Requirements section of the ECCN. None of
these changes affect the controls in ECCNs 1C353, 1C991, 1E001, and
1E351 on items related to former ECCN 1C352, because each of these
ECCNs continues to control items related to ECCN 1C351, which now
includes all of the items that were controlled under ECCN 1C352 prior
to the publication of this rule.
Amendments to ECCN 2B350 (Dual-Use Chemical Manufacturing Facilities
and Equipment)
The AG intersessional recommendations adopted in February 2014 made
changes to the AG ``Control List of Dual-Use Chemical Manufacturing
Facilities and Equipment and Related Technology and Software.'' This
rule amends Export Control Classification Number (ECCN) 2B350 to
reflect the AG intersessional changes to this AG common control list.
Specifically, ECCN 2B350 (Chemical Manufacturing Facilities and
Equipment) is amended by revising the controls in 2B350.g on valves,
casings (valve bodies) designed for such valves, and preformed casing
liners designed for such valves. Prior to the publication of this final
rule, 2B350.g controlled valves with nominal sizes greater than 1.0 cm
(\3/8\ in.), and casings (valve bodies) or preformed casing liners
designed for such valves, in which all surfaces that come in direct
contact with the chemical(s) being produced, processed, or contained
are made from specified materials. These valves, casings, and preformed
casing liners continue to be controlled under 2B350.g, but the controls
have been expanded, to control valves, in addition to those described
above, that have all of the following characteristics: (1) A nominal
size equal to or greater than 2.54 cm (1 inch) and equal to or less
than 10.16 cm (4 inches); (2) casings (valve bodies) or preformed
casing liners in which all surfaces that come in direct contact with
the chemical(s) being produced, processed, or contained are made from
specified materials; and (3) a closure element designed to be
interchangeable. These two categories of valves are now controlled
under 2B350.g.1 and .g.2, respectively, while the casings (valve
bodies) or preformed casing liners designed for such valves are
controlled under 2B350.g.3.
In addition, this rule adds a new Technical Note 1 to 2B350.g to
indicate that all surfaces of the valves controlled by 2B350g.1, and
the casings (valve bodies) and preformed casing liners controlled by
2B350.g.3, that come in direct contact with the chemical(s) being
produced, processed, or contained are controlled by 2B350.g if they are
made from any of the following materials:
a. Alloys with more than 25% nickel and 20% chromium by weight;
b. Nickel or alloys with more than 40% nickel by weight;
c. Fluoropolymers (polymeric or elastomeric materials with more
than 35% fluorine by weight);
d. Glass (including vitrified or enameled coating or glass lining);
e. Tantalum or tantalum alloys;
f. Titanium or titanium alloys;
g. Zirconium or zirconium alloys;
h. Niobium (columbium) or niobium alloys; or
i. Ceramic materials, as follows:
i.1. Silicon carbide with a purity of 80% or more by weight;
i.2. Aluminum oxide (alumina) with a purity of 99.9% or more by
weight; or
i.3. Zirconium oxide (zirconia).
The materials specified in new Technical Note 1 to 2B350.g are
identical to those identified, prior to the publication of this rule,
in ECCN 2B350.g.1 through g.9. The Technical Note to 2B350.g that
defined ``nominal size,'' for purposes of 2B350.g, is now designated as
Technical Note 2 to 2B350.g.
The overall impact of the AG intersessional changes on ECCN 2B350.g
was the addition of another category of valves under 2B350.g.2,
together with casings (valve bodies) and preformed casing liners
designed for such valves having the characteristics described in
2B350.g.3. Although the casings (valve bodies) and preformed casing
liners for valves described in 2B350.g.2 are controlled separately,
under 2B350.g.3, the presence of these components in valves not
controlled under 2B350.g.1 that have a nominal size equal to or greater
than 2.54 cm (1 inch) and equal to or less than 10.16 cm (4 inches),
and a closure element that is designed to be interchangeable, makes
such valves subject to control under 2B350.g.2.
This rule also amends ECCN 2B350 to reflect the adoption by the AG
of the November 2013 intersessional recommendation concerning pumps
described on the AG ``Control List of Dual-Use Chemical Manufacturing
Facilities and Equipment and Related Technology and Software.''
Specifically, this rule adds a new Technical Note to ECCN 2B350.i to
clarify how the terms ``multi-seal'' and ``seal-less'' are used with
respect to the controls on pumps described in this ECCN. The new
Technical Note explains that the term seals, as used in the ECCN
2B350.i controls on pumps, refers to seals that come into direct
contact with the chemical(s) being processed (or that are designed to
do so) and that provide a sealing function where a rotary or
reciprocating drive shaft passes through the pump body.
Conforming Change to ECCN 1C350 (Precursor Chemicals)
In addition to the AG intersessional changes described above, this
rule amends ECCN 1C350 (Precursor chemicals) by adding a Technical Note
3 at the end of the License Requirements section of this ECCN. This new
Technical Note is intended to provide guidance, consistent with the AG
``List of Chemical Weapons Precursors,'' in determining whether a
particular precursor chemical or mixture is controlled under ECCN
1C350. Technical Note 3 states that the CAS numbers indicated in ECCN
1C350 are intended to assist in identifying whether a particular
precursor chemical or mixture is controlled under this ECCN,
irrespective of nomenclature. However, this Technical Note also
cautions that precursor chemicals of the same structural formula (e.g.,
hydrates) are controlled by ECCN 1C350, regardless of name or CAS
number, and that CAS numbers cannot be used as unique identifiers in
all situations because some forms of the listed precursor chemical have
different CAS numbers, and mixtures containing a precursor chemical
listed in ECCN 1C350 may also have different CAS numbers.
License Exception LVS Authorized for ECCN 2B350 Items
In a change unrelated to any revisions to the AG common control
lists or guidelines, this rule also amends ECCN 2B350 (Chemical
Manufacturing Facilities and Equipment) to authorize
[[Page 34270]]
the use of License Exception LVS (shipments of limited value) for
single shipments of $2,000 or less. This change is consistent with the
requirements of Section 740.3 of the EAR, except that eligible
destinations for ECCN 2B350 items under License Exception LVS are
limited to those Country Group B destinations indicated in Supplement
No. 1 to part 740 of the EAR that are not also included in Country
Group D:3 (Chemical & Biological).
Clarification of License Exception RPL Requirements
BIS has received a number of inquiries concerning the requirements
of the License Exception RPL (servicing and replacement of parts and
equipment) ``one-for-one replacement'' provisions with respect to
commodities controlled under ECCN 2B350 on the CCL. In particular,
exporters have requested clarification concerning the requirement in
Section 740.10(a)(2)(iii) of the EAR that ``the parts, components,
accessories, or attachments to be replaced must either be destroyed
abroad or returned promptly to the person who supplied the
replacements, or to a foreign firm that is under the effective control
of that person.'' The major concern expressed, in this regard, is
whether an item (i.e., a commodity in ECCN 2B350) would be considered
to be ``destroyed,'' for purposes of this requirement, if that item
were not repairable.
BIS considers a commodity (e.g., a commodity controlled under ECCN
2B350) to be ``destroyed,'' for purposes of the RPL requirement in
Section 740.10(a)(2)(iii) of the EAR, if that commodity is: (1) No
longer capable of functioning for the purpose for which it was designed
(i.e., due to normal wear and tear, a defect, or damage); and (2) not
capable of being repaired to function for the purpose for which it was
designed. In addition, a commodity that is identified on the CCL will
be considered to be ``destroyed'' only if that commodity no longer
possesses the characteristics that made it subject to control by the
ECCN under which it was classified prior to its being ``destroyed''
(i.e., the classification of the commodity must change and the
resulting commodity may be designated as EAR99, provided that it is not
enumerated or otherwise described in another ECCN on the CCL).
This interpretation by BIS is consistent with, but broader in scope
than, the treatment of certain ``scrap'' described in Interpretation #7
under Section 770.2 of the EAR, which applies to specified items that
are no longer capable of functioning for the purpose for which they
were designed, or of being repaired to function for that purpose,
because the items have been damaged (e.g., by means of mangling,
crushing, or cutting) to such a degree that they have been rendered
useless (i.e., beyond the possibility of restoration to their original
identity and condition). The difference is that Interpretation #7
addresses only a single method by which items can be ``destroyed''
(i.e., damage to the item), while BIS's interpretation of the term
``destroyed,'' as used in RPL, also refers to the inability of an item
to function (i.e., for the purpose for which it was designed,) as a
result of normal wear and tear to the item or because of a defect in
the item, coupled with the inability to repair the item to restore its
functionality. In short, turning an item into ``scrap'' is only one
means of ``destroying'' its functionality, for purposes of the EAR.
BIS intends to publish a separate rule that will propose amendments
to License Exception RPL and Interpretation #7 (see Section 770.2 of
the EAR) in order to provide additional clarification concerning what
is meant in the EAR when items are referred to as having been
``destroyed.''
June 2014 AG Plenary Understandings
This rule does not contain any changes based on the understandings
reached at the June 2014 AG Plenary meeting, because no amendments to
the EAR were required as a result of these understandings.
Effect of This Rule on the Scope of the CB Controls in the EAR
The changes made by this rule only marginally affect the scope of
the EAR controls on human and animal pathogens/toxins and chemical
manufacturing facilities/equipment.
Although the ECCN 2B350.g controls on valves, casings (valve
bodies) designed for such valves, and preformed casing liners designed
for such valves were expanded, the expanded controls apply only to a
relatively small percentage of items not controlled under 2B350.g prior
to the publication of this rule. Consequently, any increase in the
number of license applications resulting from this change is not
expected to be significant, when considered as a percentage of all such
items. Furthermore, any increase in the number of license applications
submitted to BIS, as a result of the amendments to ECCN 2B350.g, is
expected to be offset by the amendment to ECCN 2B350 that authorizes
the use of License Exception LVS for all items controlled by this ECCN,
subject to the requirements described in Section 740.3 of the EAR and
the specific limitations indicated in the LVS paragraph of this ECCN.
In addition, the scope of the CCL-based CB controls on human and
animal pathogens and toxins was not affected by the merger of the
animal pathogens previously controlled under ECCN 1C352 with the human
pathogens and toxins in ECCN 1C351 (i.e., no pathogens or toxins were
either added to, or removed from, the CCL, nor were there any changes
in the scope of the CB license requirements for any of these pathogens
or toxins). Therefore, these changes are not expected to have a
significant impact on the number of license applications that will have
to be submitted for such items.
The conforming amendments to Section 740.20(b)(2)(v), Section
742.2(a)(1)(i), Supplement No. 1 to part 742 (i.e., paragraphs (3),
(9)(ii), (9)(iii), and (12) of the Supplement) and Section 752.3(a)(2),
as described above, did not have any effect on the application of these
provisions to the items that were controlled under ECCN 1C352 prior to
the publication of this rule. Although these EAR provisions no longer
contain references to ECCN 1C352, they continue to reference ECCN
1C351, which now includes the animal pathogens previously controlled
under ECCN 1C352.
The conforming amendments to ECCNs 1C353, 1C991, 1E001, and 1E351,
as described above, also did not have any effect on the scope of the
CCL-based CB controls on items related to human and animal pathogens
and toxins (e.g., genetic elements, vaccines, and technology related to
such pathogens and toxins). Although ECCNs 1C353, 1C991, 1E001, and
1E351 no longer contain references to ECCN 1C352, they continue to
reference ECCN 1C351, which now includes the animal pathogens that were
controlled under ECCN 1C352 prior to the publication of this rule. For
this reason, the removal of ECCN 1C352 by this rule did not affect
either the scope of the items controlled under ECCN 1C353, 1C991,
1E001, or 1E351 for CB reasons or the level of CB controls applicable
to such items. Therefore, these conforming changes are not expected to
have a significant impact on the number of license applications that
will have to be submitted for such items.
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),
[[Page 34271]]
and as extended by the Notice of August 7, 2014, 79 FR 46959 (August
11, 2014), 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 designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget.
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 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, as indicated in the ADDRESSES section of this
rule.
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, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (See 5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments is non-discretionary and fulfills
the United States' international obligation to the Australia Group
(AG). The AG contributes to international security and regional
stability through the harmonization of export controls and seeks to
ensure that exports do not contribute to the development of chemical
and biological weapons. The AG consists of 41 member countries that act
on a consensus basis and the amendments set forth in this rule
implement changes made to the AG common control lists (as a result of
the adoption of the recommendations made at the November 2013 AG
intersessional meeting) and other changes that are necessary to ensure
consistency with the controls maintained by the AG. Since the United
States is a significant exporter of the items in this rule, immediate
implementation of this provision is necessary for the AG to achieve its
purpose. Any delay in implementation will create a disruption in the
movement of affected items globally because of disharmony between
export control measures implemented by AG members, resulting in tension
between member countries. Export controls work best when all countries
implement the same export controls in a timely and coordinated manner.
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
15 CFR Parts 740 and 752
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 740, 742, 752 and 774
of the Export Administration Regulations (15 CFR parts 730-774) are
amended as follows:
PART 740--[AMENDED]
0
1. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; 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, 2014, 79 FR 46959 (August 11, 2014).
Sec. 740.20 [Amended]
0
2. In Sec. 740.20:
0
a. Remove ``1C352,'' where it appears, twice, in paragraph (b)(2)(v);
and
0
b. Remove ``1C353, or'' and add in its place ``1C353 or'' in the
parenthetical in paragraph (b)(2)(v).
PART 742--[AMENDED]
0
3. The authority citation for 15 CFR part 742 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058,
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp.,
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); Notice of
November 7, 2014, 79 FR 67035 (November 12, 2014).
Sec. 742.2 [Amended]
0
4. In Sec. 742.2, remove ``1C352,'' where it appears in paragraph
(a)(1)(i).
Supplement No. 1 to Part 742--[Amended]
0
5. In Supplement No. 1 to part 742, remove ``1C352,'' where it appears
in paragraph (3), in paragraphs (9)(ii) and (9)(iii), and in paragraph
(12).
PART 752--[AMENDED]
0
6. The authority citation for 15 CFR part 752 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR
46959 (August 11, 2014).
[[Page 34272]]
Sec. 752.3 [Amended]
0
7. In Sec. 752.3, remove ``1C352,'' where it appears in paragraph
(a)(2).
PART 774--[AMENDED]
0
8. 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, 2014, 79 FR 46959 (August 11, 2014).
0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C350 is amended by adding a
new Technical Note 3 at the end of the License Requirements section to
read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1C350 Chemicals that may be used as precursors for toxic chemical
agents (see List of Items Controlled).
License Requirements
* * * * *
Technical Notes: 1. * * *
2. * * *
3. Precursor chemicals in ECCN 1C350 are listed by name,
Chemical Abstract Service (CAS) number and CWC Schedule (where
applicable). Precursor chemicals of the same structural formula
(e.g., hydrates) are controlled by ECCN 1C350, regardless of name or
CAS number. CAS numbers are shown to assist in identifying whether a
particular precursor chemical or mixture is controlled under ECCN
1C350, irrespective of nomenclature. However, CAS numbers cannot be
used as unique identifiers in all situations because some forms of
the listed precursor chemical have different CAS numbers, and
mixtures containing a precursor chemical listed in ECCN 1C350 may
also have different CAS numbers.
* * * * *
0
10. 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 revised to read as
follows:
1C351 Human and animal pathogens and ``toxins'', as follows (see
List of Items Controlled).
License Requirements
Reason for Control: CB, CW, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
CB applies to entire entry................ CB Column 1.
CW applies to 1C351.d.11 and d.12 and a license is required for
CW reasons for all destinations, including Canada, as follows: CW
applies to 1C351.d.11 for ricin in the form of (1) Ricinus Communis
AgglutininII (RCAII), also known as ricin D or
Ricinus Communis LectinIII (RCLIII) and (2)
Ricinus Communis LectinIV (RCLIV), also known
as ricin E. CW applies to 1C351.d.12 for saxitoxin identified by
C.A.S. #35523-89-8. See Sec. 742.18 of the EAR for licensing
information pertaining to chemicals subject to restriction pursuant
to the Chemical Weapons Convention (CWC). The Commerce Country Chart
is not designed to determine licensing requirements for items
controlled for CW reasons.
Country chart (See Supp. No.
Control(s) 1 to part 738)
AT applies to entire entry................ AT Column 1.
License Requirement Notes: 1. All vaccines and ``immunotoxins''
are excluded from the scope of this entry. Certain medical products
and diagnostic and food testing kits that contain biological toxins
controlled under paragraph (d) of this entry, with the exception of
toxins controlled for CW reasons under d.11 and d.12, are excluded
from the scope of this entry. Vaccines, ``immunotoxins'', certain
medical products, and diagnostic and food testing kits excluded from
the scope of this entry are controlled under ECCN 1C991.
2. For the purposes of this entry, only saxitoxin is controlled
under paragraph d.12; other members of the paralytic shellfish
poison family (e.g., neosaxitoxin) are designated EAR99.
3. Clostridium perfringens strains, other than the epsilon
toxin-producing strains of Clostridium perfringens described in
c.12, are excluded from the scope of this entry, since they may be
used as positive control cultures for food testing and quality
control.
4. Unless specified elsewhere in this ECCN 1C351 (e.g., in
License Requirement Notes 1-3), this ECCN controls all biological
agents and ``toxins,'' regardless of quantity or attenuation, that
are identified in the List of Items Controlled for this ECCN,
including small quantities or attenuated strains of select
biological agents or ``toxins'' that are excluded from the lists of
select biological agents or ``toxins'' by the Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture,
or the Centers for Disease Control and Prevention (CDC), U.S.
Department of Health and Human Services, in accordance with their
regulations in 9 CFR part 121 and 42 CFR part 73, respectively.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1)) may be used for items in 1C351.d.1 through 1C351.d.10
and 1C351.d.13 through 1C351.d.19. See Sec. 740.20(b)(2)(vi) for
restrictions on the quantity of any one toxin that may be exported
in a single shipment and the number of shipments that may be made to
any one end user in a single calendar year. Also see the Automated
Export System (AES) requirements in Sec. 758.1(b)(4) of the EAR.
(2) Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of
the EAR) may not be used for any items in 1C351.
List of Items Controlled
Related Controls: (1) Certain forms of ricin and saxitoxin in
1C351.d.11. and d.12 are CWC Schedule 1 chemicals (see Sec. 742.18
of the EAR). The U.S. Government must provide advance notification
and annual reports to the OPCW of all exports of Schedule 1
chemicals. See Sec. 745.1 of the EAR for notification procedures.
See 22 CFR part 121, Category XIV and Sec. 121.7 for CWC Schedule 1
chemicals that are ``subject to the ITAR.'' (2) The Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture,
and the Centers for Disease Control and Prevention (CDC), U.S.
Department of Health and Human Services, maintain controls on the
possession, use, and transfer within the United States of certain
items controlled by this ECCN (for APHIS, see 7 CFR 331.3(b), 9 CFR
121.3(b), and 9 CFR 121.4(b); for CDC, see 42 CFR 73.3(b) and 42 CFR
73.4(b)). (3) See 22 CFR part 121, Category XIV(b), for modified
biological agents and biologically derived substances that are
``subject to the ITAR.''
Related Definitions: (1) For the purposes of this entry
``immunotoxin'' is defined as an antibody-toxin conjugate intended
to destroy specific target cells (e.g., tumor cells) that bear
antigens homologous to the antibody. (2) For the purposes of this
entry ``subunit'' is defined as a portion of the ``toxin''.
Items:
a. Viruses identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows:
a.1. African horse sickness virus;
a.2. African swine fever virus;
a.3. Andes virus;
a.4. Avian influenza (AI) viruses identified as having high
pathogenicity (HP), as follows:
a.4.a. AI viruses that have an intravenous pathogenicity index
(IVPI) in 6-week-old chickens greater than 1.2; or
a.4.b. AI viruses that cause at least 75% mortality in 4- to 8-
week-old chickens infected intravenously.
Note: Avian influenza (AI) viruses of the H5 or H7 subtype that
do not have either of the characteristics described in 1C352.a.4
(specifically, 1C352.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
[[Page 34273]]
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 1C352.a.4.
a.5. Bluetongue virus;
a.6. Chapare virus;
a.7. Chikungunya virus;
a.8. Choclo virus;
a.9. Congo-Crimean haemorrhagic fever virus (a.k.a. Crimean-
Congo haemorrhagic fever virus);
a.10. Dengue fever virus;
a.11. Dobrava-Belgrade virus;
a.12. Eastern equine encephalitis virus;
a.13. Ebola virus;
a.14. Foot and mouth disease virus;
a.15. Goat pox virus;
a.16. Guanarito virus;
a.17. Hantaan virus;
a.18. Hendra virus (Equine morbillivirus);
a.19. Herpes virus (Aujeszky's disease);
a.20. Hog cholera virus (Swine fever virus);
a.21. Japanese encephalitis virus;
a.22. Junin virus;
a.23. Kyasanur Forest virus;
a.24. Laguna Negra virus;
a.25. Lassa fever virus;
a.26. Louping ill virus;
a.27. Lujo virus;
a.28. Lumpy skin disease virus;
a.29. Lymphocytic choriomeningitis virus;
a.30. Machupo virus;
a.31. Marburg virus;
a.32. Monkey pox virus;
a.33. Murray Valley encephalitis virus;
a.34. Newcastle disease virus;
a.35. Nipah virus;
a.36. Omsk haemorrhagic fever virus;
a.37. Oropouche virus;
a.38. Peste des petits ruminants virus;
a.39. Porcine enterovirus type 9 (swine vesicular disease
virus);
a.40. Powassan virus;
a.41. Rabies virus and all other members of the Lyssavirus
genus;
a.42. Rift Valley fever virus;
a.43. Rinderpest virus;
a.44. Rocio virus;
a.45. Sabia virus;
a.46. Seoul virus;
a.47. Sheep pox virus;
a.48. Sin nombre virus;
a.49. St. Louis encephalitis virus;
a.50. Teschen disease virus;
a.51. Tick-borne encephalitis virus (Far Eastern subtype,
formerly known as Russian Spring-Summer encephalitis virus--see
1C351.b.3 for Siberian subtype);
a.52. Variola virus;
a.53. Venezuelan equine encephalitis virus;
a.54. Vesicular stomatitis virus;
a.55. Western equine encephalitis virus; or
a.56. Yellow fever virus.
b. Viruses identified on the APHIS/CDC ``select agents'' lists
(see Related Controls paragraph #2 for this ECCN), but not
identified on the Australia Group (AG) ``List of Human and Animal
Pathogens and Toxins for Export Control,'' as follows:
b.1. Reconstructed replication competent forms of the 1918
pandemic influenza virus containing any portion of the coding
regions of all eight gene segments;
b.2. SARS-associated coronavirus (SARS-CoV); or
b.3. Tick-borne encephalitis virus (Siberian subtype, formerly
West Siberian virus--see 1C351.a.51 for Far Eastern subtype).
c. Bacteria identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows:
c.1. Bacillus anthracis;
c.2. Brucella abortus;
c.3. Brucella melitensis;
c.4. Brucella suis;
c.5. Burkholderia mallei (Pseudomonas mallei);
c.6. Burkholderia pseudomallei (Pseudomonas pseudomallei);
c.7. Chlamydophila psittaci (formerly known as Chlamydia
psittaci);
c.8. Clostriduim argentinense (formerly known as Clostridium
botulinum Type G), botulinum neurotoxin producing strains;
c.9. Clostridium baratii, botulinum neurotoxin producing
strains;
c.10. Clostridium botulinum;
c.11. Clostridium butyricum, botulinum neurotoxin producing
strains;
c.12. Clostridium perfringens, epsilon toxin producing types;
c.13. Coxiella burnetii;
c.14. Francisella tularensis;
c.15. Mycoplasma capricolum subspecies capripneumoniae (``strain
F38'');
c.16. Mycoplasma mycoides subspecies mycoides SC (small colony)
(a.k.a. contagious bovine pleuropneumonia);
c.17. Rickettsia prowazekii;
c.18. Salmonella typhi;
c.19. Shiga toxin producing Escherichia coli (STEC) of
serogroups O26, O45, O103, O104, O111, O121, O145, O157, and other
shiga toxin producing serogroups;
Note: Shiga toxin producing Escherichia coli (STEC) is also
known as enterohaemorrhagic E. coli (EHEC) or verocytotoxin
producing E. coli (VTEC).
c.20. Shigella dysenteriae;
c.21. Vibrio cholerae; or
c.22. Yersinia pestis.
d. ``Toxins'' identified on the Australia Group (AG) ``List of
Human and Animal Pathogens and Toxins for Export Control,'' as
follows, and ``subunits'' thereof:
d.1. Abrin;
d.2. Aflatoxins;
d.3. Botulinum toxins;
d.4. Cholera toxin;
d.5. Clostridium perfringens alpha, beta 1, beta 2, epsilon and
iota toxins;
d.6. Conotoxin;
d.7. Diacetoxyscirpenol toxin;
d.8. HT-2 toxin;
d.9. Microcystin (Cyanginosin);
d.10. Modeccin toxin;
d.11. Ricin;
d.12. Saxitoxin;
d.13. Shiga toxin;
d.14. Staphylococcus aureus enterotoxins, hemolysin alpha toxin,
and toxic shock syndrome toxin (formerly known as Staphylococcus
enterotoxin F);
d.15. T-2 toxin;
d.16. Tetrodotoxin;
d.17. Verotoxin and other Shiga-like ribosome inactivating
proteins;
d.18. Viscum Album Lectin 1 (Viscumin); or
d.19. Volkensin toxin.
e. ``Fungi'', as follows:
e.1. Coccidioides immitis; or
e.2. Coccidioides posadasii.
0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C352 is removed.
0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C353 is amended under the List
of Items Controlled section:
0
a. By removing the phrase ``ECCN 1C351, 1C352, or 1C354'' and adding in
its place the phrase ``ECCN 1C351 or 1C354'' in the first sentence of
the ``Related Controls'' paragraph;
0
b. By removing the phrase ``1C351.a to .c, 1C352, or 1C354'' and adding
in its place the phrase ``1C351.a to .c or 1C354'' in paragraph a.1 of
the ``Items'' paragraph;
0
c. By removing the phrase ``1C351.a to .c, 1C352,'' and adding in its
place the phrase ``1C351.a to .c or 1C354;'' in paragraph b.1 of the
``Items'' paragraph; and
0
d. By removing the phrase ``1C351.a to .c 1C352, or 1C354'' and adding
in its place the phrase ``1C351.a to .c or 1C354'' in the introductory
text of Technical Note 3 and in paragraph b. of Technical Note 3.
0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1C991 is amended, under the
``List of Items Controlled'' section, by removing the phrase ``ECCN
1C351, 1C352, 1C353 or 1C354'' and adding in its place the phrase
``ECCN 1C351, 1C353 or 1C354'' in paragraph a. of the ``Items''
paragraph.
0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1E001 is amended by revising
the entry for ``Country Chart--CB Column 1'' in the License
Requirements section to read as follows:
1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008
1A101, 1B (except 1B608, 1B613 or 1B999), or 1C (except 1C355,
1C608, 1C980 to 1C984, 1C988, 1C990, 1C991, 1C995 to 1C999).
License Requirements
Reason for Control: NS, MT, NP, CB, RS, AT
[[Page 34274]]
Country chart (see Supp. No.
Control(s) 1 to part 738)
* * * * *
CB applies to ``technology'' for items CB Column 1.
controlled by 1C351, 1C353, or 1C354.
* * * * *
* * * * *
0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' ECCN 1E351 is amended by revising
the ECCN heading and by revising the entry for ``Country Chart--CB
Column 1'' in the License Requirements section to read as follows:
1E351 ``Technology'' according to the General Technology Note for
the disposal of chemicals or microbiological materials controlled by
1C350, 1C351, 1C353, or 1C354.
License Requirements
Reason for Control: NS, MT, NP, CB, RS, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
CB applies to ``technology'' for items CB Column 1.
controlled by 1C351, 1C353, or 1C354.
* * * * *
* * * * *
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B350 is amended by revising the
``LVS'' paragraph in the List Based License Exceptions section and
also, under the List of Items Controlled section, by revising paragraph
g. in the ``Items'' paragraph, by redesignating the Technical Note to
2B350.g as Technical Note 2 to 2B350.g, by adding a Technical Note 1 to
2B350.g immediately preceding Technical Note 2, and by adding a
Technical Note to 2B350.i immediately following 2B350.i.11, to read as
follows:
2B350 Chemical manufacturing facilities and equipment, except valves
controlled by 2A226 or 2A292, as follows (see List of Items
Controlled).
* * * * *
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $2,000 for all Country Group B destinations, except those also
listed under Country Group D:3 (see Supplement No. 1 to part 740 of
the EAR).
GBS: * * *
CIV: * * *
List of Items Controlled
Related Controls: * * *
Related Definition: * * *
Items:
* * * * *
g. Valves, as follows:
g.1. Valves having both of the following characteristics:
g.1.a. A nominal size greater than 1.0 cm (\3/8\ in.); and
g.1.b. All surfaces that come in direct contact with the
chemical(s) being produced, processed, or contained are made from
materials identified in Technical Note 1 to 2B350.g.
g.2. Valves, except for valves controlled by 2B350.g.1, having
all of the following characteristics:
g.2.a. A nominal size equal to or greater than 2.54 cm (1 inch)
and equal to or less than 10.16 cm (4 inches);
g.2.b. Casings (valve bodies) or preformed casing liners
controlled by 2B350.g.3, in which all surfaces that come in direct
contact with the chemical(s) being produced, processed, or contained
are made from materials identified in Technical Note 1 to 2B350.g;
and
g.2.c. A closure element designed to be interchangeable.
g.3. Casings (valve bodies) and preformed casing liners having
both of the following characteristics:
g.3.a. Designed for valves in 2B350.g.1 or .g.2; and
g.3.b. All surfaces that come in direct contact with the
chemical(s) being produced, processed, or contained are made from
materials identified in Technical Note 1 to 2B350.g.
Technical Note 1 to 2B350.g: All surfaces of the valves
controlled by 2B350.g.1, and the casings (valve bodies) and
preformed casing liners controlled by 2B350.g.3, that come in direct
contact with the chemical(s) being produced, processed, or contained
are made from the following materials:
a. Alloys with more than 25% nickel and 20% chromium by weight;
b. Nickel or alloys with more than 40% nickel by weight;
c. Fluoropolymers (polymeric or elastomeric materials with more
than 35% fluorine by weight);
d. Glass (including vitrified or enameled coating or glass
lining);
e. Tantalum or tantalum alloys;
f. Titanium or titanium alloys;
g. Zirconium or zirconium alloys;
h. Niobium (columbium) or niobium alloys; or
i. Ceramic materials, as follows:
i.1. Silicon carbide with a purity of 80% or more by weight;
i.2. Aluminum oxide (alumina) with a purity of 99.9% or more by
weight; or
i.3. Zirconium oxide (zirconia).
* * * * *
i. * * *
Technical Note to 2B350.i: The seals referred to in 2B350.i come
into direct contact with the chemical(s) being processed (or are
designed to do so), and provide a sealing function where a rotary or
reciprocating drive shaft passes through a pump body.
* * * * *
Dated: June 9, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-14471 Filed 6-15-15; 8:45 am]
BILLING CODE 3510-33-P