Implementation of the Understandings Reached at the June 2007 Australia Group (AG) Plenary Meeting; Addition to the List of States Parties to the Chemical Weapons Convention (CWC), 52000-52003 [E7-18018]
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Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations
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ATTN: RIN 0694–AE08.
Send comments regarding this
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Policy Division, Bureau of Industry and
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Box 273, Washington, DC 20044.
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submitted by one of the three methods
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FOR FURTHER INFORMATION CONTACT:
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Security, Telephone: (202) 482–3343.
SUPPLEMENTARY INFORMATION:
Issued in Renton, Washington, on
September 4, 2007.
Stephen P. Boyd,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. E7–17844 Filed 9–11–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 745, 772, and
774
[Docket No. 070705267–7492–01]
RIN 0694–AE08
Implementation of the Understandings
Reached at the June 2007 Australia
Group (AG) Plenary Meeting; Addition
to the List of States Parties to the
Chemical Weapons Convention (CWC)
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
jlentini on PROD1PC65 with RULES
AGENCY:
SUMMARY: The Bureau of Industry and
Security (BIS) is publishing this final
rule to amend the Export
Administration Regulations (EAR) to
implement the understandings reached
at the June 2007 plenary meeting of the
Australia Group (AG). This final rule
amends the EAR to reflect changes to
the AG ‘‘Control List of Biological
Agents’’ that the countries participating
in the AG adopted at the plenary
meeting. Specifically, this rule revises
the Commerce Control List (CCL) entry
that controls animal pathogens on the
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AG ‘‘Control List of Biological Agents’’
by revising the listing for mycoplasma
mycoides to include only the specific
subspecies and strains of mycoplasma
mycoides that are of most concern as the
causative agents of disease in animals,
i.e., Mycoplasma mycoides subspecies
mycoides SC (small colony) and
Mycoplasma capricolum subspecies
capripneumoniae (‘‘strain F38’’). In
addition, this rule makes conforming
changes to the CCL entry that controls
certain select agents not included on
any of the AG Common Control Lists.
This rule also amends the EAR to
reflect the admission of Croatia to the
Australia Group and updates the
definition of ‘‘Australia Group’’ in the
EAR by adding Croatia to the list of
participating countries.
In addition to the AG plenary meeting
changes described above, this rule
amends the EAR by revising the CCL
entry that controls certain equipment
capable of being used in handling
biological materials. This rule revises a
Technical Note in the CCL entry by
updating the edition of the World
Health Organization (WHO) ‘‘Laboratory
Biosafety Manual’’ referenced therein to
to identify the current edition of the
manual. This WHO manual contains
safety requirements for P3 or P4 (BL3,
BL4, L3, L4) complete containment
facilities.
Finally, this rule amends the list of
countries that currently are States
Parties to the Chemical Weapons
Convention (CWC) by adding
‘‘Barbados,’’ which recently became a
State Party. As a result of this change,
the CW (Chemical Weapons) license
requirements and policies in the EAR
that apply to Barbados now conform
with those applicable to other CWC
States Parties. This rule also clarifies the
scope of the entry for ‘‘China’’ on the
list of CWC States Parties by revising the
footnote to this entry to indicate that, for
CWC purposes only, China includes
‘‘Macau,’’ as well as ‘‘Hong Kong.’’
This rule is effective September
12, 2007. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
DATES:
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ADDRESSES:
Background
The Bureau of Industry and Security
(BIS) is amending the Export
Administration Regulations (EAR) to
implement the understandings reached
at the annual plenary meeting of the
Australia Group (AG) that was held in
Paris on June 4–7, 2007. The Australia
Group is a multilateral forum, consisting
of 40 participating countries, that
maintains 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
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Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations
reviews items on its control list to
enhance the effectiveness of
participating governments’ national
controls and to achieve greater
harmonization among these controls.
The understandings reached at the
June 2007 annual plenary meeting
included a decision to revise the AG
‘‘Control List of Biological Agents’’ by
narrowing the scope of the listing for
mycoplasma mycoides to include only
the specific subspecies and strains of
mycoplasma mycoides that are of most
concern as the causative agents of
disease in animals. This rule amends
the EAR to reflect that decision by
revising Export Control Classification
Number (ECCN) 1C352, which controls
certain animal pathogens, to narrow the
scope of the listing for mycoplasma
mycoides in this ECCN to include only
the following subspecies and strains:
Mycoplasma mycoides subspecies
mycoides SC (small colony) and
Mycoplasma capricolum subspecies
capripneumoniae (‘‘strain F38’’).
Mycoplasma mycoides subspecies
mycoides SC (small colony) causes
severe respiratory disease primarily in
cattle (i.e., contagious bovine
pleuropneumonia (CBPP)), while
Mycoplasma capricolum subspecies
capripneumoniae (‘‘strain F38’’) causes
severe respiratory disease primarily in
goats (i.e., contagious caprine
pleuropneumonia (CCPP)).
Prior to the publication of this rule,
ECCN 1C352 controlled all subspecies
and strains of mycoplasma mycoides.
Mycoplasma capricolum and F38-type
caprine mycoplasma (i.e., mycoplasma
F38), however, were listed separately
under ECCN 1C360, which contains
unilaterally controlled select agents not
included on any of the AG Common
Control Lists. The Centers for Disease
Control and Prevention (CDC), U.S.
Department of Health and Human
Services, and the Animal and Plant
Health Inspection Service (APHIS), U.S.
Department of Agriculture, maintain
controls on the possession, use, and
transfer within the United States of the
unilaterally controlled select agents
listed in ECCN 1C360, as well as certain
AG agents and toxins listed in ECCN
1C352. Since mycoplasma F38 (i.e.,
Mycoplasma capricolum subspecies
capripneumoniae (‘‘strain F38’’)) is now
specifically identified and controlled
under ECCN 1C352 and the select agent
mycoplasma mycoides capri is no
longer controlled under this ECCN, this
rule makes conforming changes to the
list of unilaterally controlled select
agents in ECCN 1C360 by removing
mycoplasma F38 from the listing of
mycoplasma controlled under this
ECCN and adding mycoplasma
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mycoides capri. All Mycoplasma
capricolum, except subspecies
capripneumoniae, continues to be
controlled under ECCN 1C360.
The EAR license requirements that
apply to the specific items affected by
the amendments to ECCN 1C352 and
1C360 (described above) remain
unchanged. The affected items in these
ECCNs continue to require a license for
export or reexport to all countries or
destinations indicated under CB
Column 1 or AT Column 1 on the
Commerce Country Chart (Supplement
No. 1 to Part 738 of the EAR).
This rule also amends the EAR to
reflect the addition of Croatia as the
newest participating country in the
Australia Group (which now includes a
total of 40 countries). Supplement No. 1
to Part 738 (Commerce Country Chart) is
revised by removing the license
requirements indicated for Croatia,
under CB Column 2, to conform with
the country scope of the CB license
requirements that apply to other AG
participating countries (see Section
742.2 of the EAR). Supplement No. 1 to
Part 740 (Country Groups) is revised to
add Croatia to Country Group A:3
(Australia Group). The definition of
‘‘Australia Group’’ in Section 772.1 of
the EAR is updated by adding Croatia to
the list of participating countries.
In addition to the AG plenary meeting
changes described above, this rule
amends the EAR by revising the
Technical Note to ECCN 2B352.a to
update a reference therein to the World
Health Organization (WHO) ‘‘Laboratory
Biosafety Manual’’ to identify the
current edition of the manual (i.e., 3rd
edition, Geneva, 2004). This WHO
manual contains safety requirements for
P3 or P4 (BL3, BL4, L3, L4) complete
containment facilities.
Finally, this rule amends Supplement
No. 2 to Part 745 of the EAR (titled
‘‘States Parties to the Convention on the
Prohibition of the Development,
Production, Stockpiling, and Use of
Chemical Weapons and on Their
Destruction’’) by adding ‘‘Barbados,’’
which became a State Party to the CWC
on April 6, 2007. As a result of this
change, the CW (Chemical Weapons)
license requirements and policies that
apply to Barbados now conform with
those applicable to other CWC States
Parties, as described in Section 742.18
of the EAR. This rule also clarifies the
scope of the entry for ‘‘China’’ in the list
of CWC States Parties by revising the
footnote to this entry to indicate that, for
CWC purposes only, China includes
‘‘Macau,’’ as well as ‘‘Hong Kong.’’
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
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13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of August 15, 2007, 72 FR 46137
(August 16, 2007), has continued the
Export Administration Regulations in
effect under the International
Emergency Economic Powers Act.
Saving Clause
Shipments of items removed from
eligibility for export or reexport under a
license exception or without a license
(i.e., under the designator ‘‘NLR’’) as a
result of this regulatory action that were
on dock for loading, on lighter, laden
aboard an exporting carrier, or en route
aboard a carrier to a port of export, on
October 12, 2007, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previously
applicable license exception or without
a license (NLR) so long as they are
exported or reexported before October
29, 2007. Any such items not actually
exported or reexported before midnight,
on October 29, 2007, require a license in
accordance with this regulation.
‘‘Deemed’’ exports of ‘‘technology’’
and ‘‘source code’’ removed from
eligibility for export under a license
exception or without a license (under
the designator ‘‘NLR’’) as a result of this
regulatory action may continue to be
made under the previously available
license exception or without a license
(NLR) before October 29, 2007.
Beginning at midnight on October 29,
2007, such ‘‘technology’’ and ‘‘source
code’’ may no longer be released,
without a license, to a foreign national
subject to the ‘‘deemed’’ export controls
in the EAR when a license would be
required to the home country of the
foreign national in accordance with this
regulation.
Rulemaking Requirements
1. 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
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
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Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations
BIS–748. Send comments regarding this
burden estimate or any other aspect of
this collection of information, including
suggestions for reducing the burden, to
David Rostker, 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 (Sec. 5 U.S.C. 553(a)(1)). 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
15 CFR Part 772
required to be given for this rule under
5 U.S.C. 553 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. Although there is no formal
comment period, public comments on
this regulation are welcome on a
continuing basis.
Exports, Foreign trade, Reporting and
recordkeeping requirements.
I Accordingly, parts 738, 740, 745, 772,
and 774 of the Export Administration
Regulations (15 CFR parts 730–799) are
amended as follows:
List of Subjects
PART 738—[AMENDED]
Exports.
15 CFR Part 774
15 CFR Part 738
1. The authority citation for 15 CFR
part 738 is revised to read as follows:
I
Administrative practice and
procedure, Exports, Foreign trade.
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; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub.
L. 107–56; 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
15, 2007, 72 FR 46137 (August 16, 2007).
15 CFR Part 740
Administrative practice and
procedure, Exports, Foreign trade,
Reporting and recordkeeping
requirements.
15 CFR Part 745
Administrative practice and
procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping
requirements.
2. Supplement No. 1 to part 738 is
amended by revising the entry for
‘‘Croatia’’ to read as follows:
I
SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART
[Reason for control]
Chemical & biological
weapons
Nuclear nonproliferation
CB
1
CB
2
CB
3
NP
1
NP
2
NS
1
NS
2
MT
1
RS
1
X
............
*
............
X
*
............
X
*
X
X
X
National security
Missile
tech
Regional stability
Firearms
convention
Crime control
Anti-terrorism
Countries
*
Croatia .....................................
*
*
*
RS
2
FC
1
CC
1
CC
2
CC
3
AT
1
AT
2
X
*
....................
X
*
............
X
............
............
*
*
*
*
*
106–387; 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
15, 2007, 72 FR 46137 (August 16, 2007).
PART 740—[AMENDED]
3. The authority citation for 15 CFR
part 740 is revised to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; Sec. 901–911, Pub. L.
amended by adding, in alphabetical
order, a new entry for ‘‘Croatia’’ to read
as follows:
4. In Supplement No. 1 to part 740,
Country Groups, Country Group A is
Supplement No. 1 to Part 740—Country
Groups
I
COUNTRY GROUP A
Missile technology control
regime
Australia
group
Nuclear suppliers group
[A:2]
Country
[A:3]
[A:4]
[A:1]
*
*
*
*
Croatia ..............................................................................................................
*
*
*
*
5. The authority citation for 15 CFR
part 745 is revised to read as follows:
I
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*
*
*
Supplement No. 2 to Part 745
[Amended]
6. Supplement No. 2 to part 745 is
amended:
I
Authority: 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
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*
X
950; Notice of October 27, 2006, 71 FR 64109
(October 31, 2006).
PART 745—[AMENDED]
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*
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a. By revising the undesignated center
heading ‘‘List of States Parties as of
November 1, 2006’’ to read ‘‘List of
States Parties as of August 1, 2007’’;
I b. By adding, in alphabetical order,
the country ‘‘Barbados’’; and
I c. By revising the footnote for China
to read ‘‘* For CWC purposes only,
China includes Hong Kong and Macau.’’
I
Supplement No. 1 to Part 774—
[Amended]
10. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Materials, Chemicals,
‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN
1C352 is amended by revising paragraph
(b) under ‘‘Items’’ in the List of Items
Controlled to read as follows:
I
Dated: September 6, 2007.
Christopher A. Padilla,
Assistant Secretary for Export
Administration.
[FR Doc. E7–18018 Filed 9–11–07; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
PART 772—[AMENDED]
1C352 Animal pathogens, as follows (see
List of Items Controlled).
Internal Revenue Service
7. The authority citation for 15 CFR
part 772 is revised to read as follows:
*
26 CFR Part 1
I
*
*
*
*
List of Items Controlled
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
15, 2007, 72 FR 46137 (August 16, 2007).
[TD 9338]
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
§ 772.1 Definitions of terms as used in the
Export Administration Regulations (EAR).
b. Bacteria, as follows:
b.1. Mycoplasma mycoides, as follows:
b.1.a. Mycoplasma mycoides subspecies
mycoides SC (small colony) (a.k.a. contagious
bovine pleuropneumonia);
b.1.b. Mycoplasma capricolum subspecies
capripneumoniae (‘‘strain F38’’).
b.2. [RESERVED.]
8. In § 772.1, the definition of
‘‘Australia Group’’ is revised to read as
follows:
*
*
*
*
*
Australia Group. The countries
participating in the Australia Group
have agreed to adopt harmonized
controls on certain dual-use chemicals
(i.e., precursor chemicals), biological
agents, related manufacturing facilities
and equipment, and related technology
in order to ensure that exports of these
items do not contribute to the
proliferation of chemical or biological
weapons. Countries participating in the
Australia Group as of July 1, 2007,
include: Argentina, Australia, Austria,
Belgium, Bulgaria, Canada, Croatia,
Cyprus, Czech Republic, Denmark,
Estonia, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy,
Japan, Korea (South), Latvia, Lithuania,
Luxembourg, Malta, the Netherlands,
New Zealand, Norway, Poland,
Portugal, Romania, Slovak Republic,
Slovenia, Spain, Sweden, Switzerland,
Turkey, Ukraine, the United Kingdom,
and the United States. See also § 742.2
of the EAR.
*
*
*
*
*
9. The authority citation for 15 CFR
part 774 is revised to read as follows:
I
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; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901–911, Pub. L. 106–387; Sec. 221, Pub.
L. 107–56; 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
15, 2007, 72 FR 46137 (August 16, 2007).
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*
*
*
Supplement No. 1 to Part 774—
[Amended]
11. In Supplement No. 1 to part 774
(the Commerce Control List), Category
1—Materials, Chemicals,
‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN
1C360 is amended by revising paragraph
(b)(2) under ‘‘Items’’ in the List of Items
Controlled to read as follows:
I
1C360 Select agents not controlled under
ECCN 1C351, 1C352, or 1C354.
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
*
*
*
Information Returns Required With
Respect to Certain Foreign
Corporations and Certain ForeignOwned Domestic Corporations;
Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations; correction.
AGENCY:
SUMMARY: This document contains a
correction to final regulations (TD 9338)
that were published in the Federal
Register on Friday, July 13, 2007 (72 FR
38475) providing guidance under
sections 6038 and 6038A of the Internal
Revenue Code. The final regulations
clarify the information required to be
furnished regarding certain related party
transactions of certain foreign
corporations and certain foreign-owned
domestic corporations.
DATES: The correction is effective
September 12, 2007.
FOR FURTHER INFORMATION CONTACT: Kate
Y. Hwa at (202) 622–6070 (not a toll-free
number).
SUPPLEMENTARY INFORMATION:
Background
*
b. * * *
b.2. Mycoplasma, as follows:
b.2.a. Mycoplasma capricolum, except
subspecies capripneumoniae (see ECCN
1C352.b.1.b);
b.2.b. Mycoplasma mycoides capri;
The final regulations that are the
subject of the correction are under
Sections 6038 and 6038A of the Internal
Revenue Code.
*
PART 774—[AMENDED]
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As published, final regulations (TD
9338) contain an error that may prove to
be misleading and is in need of
clarification.
*
*
*
*
Supplement No. 1 to Part 774—
[Amended]
12. In Supplement No. 1 to part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2B352 is
amended by revising parenthetical
phrase ‘‘(Geneva, 1983)’’ to read ‘‘(3rd
edition, Geneva, 2004)’’ in the Technical
Note immediately following paragraph
(a) in the List of Items Controlled.
I
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Need for Correction
Correction of Publication
Accordingly, the publication of the
final regulations (TD 9338), which were
the subject of FR Doc. E7–13587, is
corrected as follows:
On page 38475, in the document
heading, the language ‘‘RIN 1545–
E:\FR\FM\12SER1.SGM
12SER1
]]>Agencies
[Federal Register Volume 72, Number 176 (Wednesday, September 12, 2007)]
[Rules and Regulations]
[Pages 52000-52003]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18018]
=======================================================================
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 745, 772, and 774
[Docket No. 070705267-7492-01]
RIN 0694-AE08
Implementation of the Understandings Reached at the June 2007
Australia Group (AG) Plenary Meeting; Addition to the List of States
Parties to the Chemical Weapons Convention (CWC)
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) is publishing this
final rule to amend the Export Administration Regulations (EAR) to
implement the understandings reached at the June 2007 plenary meeting
of the Australia Group (AG). This final rule amends the EAR to reflect
changes to the AG ``Control List of Biological Agents'' that the
countries participating in the AG adopted at the plenary meeting.
Specifically, this rule revises the Commerce Control List (CCL) entry
that controls animal pathogens on the AG ``Control List of Biological
Agents'' by revising the listing for mycoplasma mycoides to include
only the specific subspecies and strains of mycoplasma mycoides that
are of most concern as the causative agents of disease in animals,
i.e., Mycoplasma mycoides subspecies mycoides SC (small colony) and
Mycoplasma capricolum subspecies capripneumoniae (``strain F38''). In
addition, this rule makes conforming changes to the CCL entry that
controls certain select agents not included on any of the AG Common
Control Lists.
This rule also amends the EAR to reflect the admission of Croatia
to the Australia Group and updates the definition of ``Australia
Group'' in the EAR by adding Croatia to the list of participating
countries.
In addition to the AG plenary meeting changes described above, this
rule amends the EAR by revising the CCL entry that controls certain
equipment capable of being used in handling biological materials. This
rule revises a Technical Note in the CCL entry by updating the edition
of the World Health Organization (WHO) ``Laboratory Biosafety Manual''
referenced therein to to identify the current edition of the manual.
This WHO manual contains safety requirements for P3 or P4 (BL3, BL4,
L3, L4) complete containment facilities.
Finally, this rule amends the list of countries that currently are
States Parties to the Chemical Weapons Convention (CWC) by adding
``Barbados,'' which recently became a State Party. As a result of this
change, the CW (Chemical Weapons) license requirements and policies in
the EAR that apply to Barbados now conform with those applicable to
other CWC States Parties. This rule also clarifies the scope of the
entry for ``China'' on the list of CWC States Parties by revising the
footnote to this entry to indicate that, for CWC purposes only, China
includes ``Macau,'' as well as ``Hong Kong.''
DATES: This rule is effective September 12, 2007. Although there is no
formal comment period, public comments on this regulation are welcome
on a continuing basis.
ADDRESSES: You may submit comments, identified by RIN 0694-AE08, by any
of the following methods:
E-mail: publiccomments@bis.doc.gov. Include ``RIN 0694-
AE08'' in the subject line of the message.
Fax: (202) 482-3355. Please alert the Regulatory Policy
Division, by calling (202) 482-2440, if you are faxing comments.
Mail or Hand Delivery/Courier: Willard Fisher, U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Avenue, NW., Room 2705,
Washington, DC 20230, ATTN: RIN 0694-AE08.
Send comments regarding this collection of information, including
suggestions for reducing the burden, to David Rostker, Office of
Management and Budget (OMB), by e-mail to David--Rostker@omb.eop.gov,
or by fax to (202) 395-7285; and to the Regulatory Policy Division,
Bureau of Industry and Security, Department of Commerce, P.O. Box 273,
Washington, DC 20044. Comments on this collection of information should
be submitted separately from comments on the final rule (i.e., RIN
0694-AE08)--all comments on the latter should be submitted by one of
the three methods outlined above.
FOR FURTHER INFORMATION CONTACT: Elizabeth Scott, Director, Chemical
and Biological Controls Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, Telephone: (202) 482-3343.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS) is amending the Export
Administration Regulations (EAR) to implement the understandings
reached at the annual plenary meeting of the Australia Group (AG) that
was held in Paris on June 4-7, 2007. The Australia Group is a
multilateral forum, consisting of 40 participating countries, that
maintains 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
[[Page 52001]]
reviews items on its control list to enhance the effectiveness of
participating governments' national controls and to achieve greater
harmonization among these controls.
The understandings reached at the June 2007 annual plenary meeting
included a decision to revise the AG ``Control List of Biological
Agents'' by narrowing the scope of the listing for mycoplasma mycoides
to include only the specific subspecies and strains of mycoplasma
mycoides that are of most concern as the causative agents of disease in
animals. This rule amends the EAR to reflect that decision by revising
Export Control Classification Number (ECCN) 1C352, which controls
certain animal pathogens, to narrow the scope of the listing for
mycoplasma mycoides in this ECCN to include only the following
subspecies and strains: Mycoplasma mycoides subspecies mycoides SC
(small colony) and Mycoplasma capricolum subspecies capripneumoniae
(``strain F38''). Mycoplasma mycoides subspecies mycoides SC (small
colony) causes severe respiratory disease primarily in cattle (i.e.,
contagious bovine pleuropneumonia (CBPP)), while Mycoplasma capricolum
subspecies capripneumoniae (``strain F38'') causes severe respiratory
disease primarily in goats (i.e., contagious caprine pleuropneumonia
(CCPP)).
Prior to the publication of this rule, ECCN 1C352 controlled all
subspecies and strains of mycoplasma mycoides. Mycoplasma capricolum
and F38-type caprine mycoplasma (i.e., mycoplasma F38), however, were
listed separately under ECCN 1C360, which contains unilaterally
controlled select agents not included on any of the AG Common Control
Lists. The Centers for Disease Control and Prevention (CDC), U.S.
Department of Health and Human Services, and the Animal and Plant
Health Inspection Service (APHIS), U.S. Department of Agriculture,
maintain controls on the possession, use, and transfer within the
United States of the unilaterally controlled select agents listed in
ECCN 1C360, as well as certain AG agents and toxins listed in ECCN
1C352. Since mycoplasma F38 (i.e., Mycoplasma capricolum subspecies
capripneumoniae (``strain F38'')) is now specifically identified and
controlled under ECCN 1C352 and the select agent mycoplasma mycoides
capri is no longer controlled under this ECCN, this rule makes
conforming changes to the list of unilaterally controlled select agents
in ECCN 1C360 by removing mycoplasma F38 from the listing of mycoplasma
controlled under this ECCN and adding mycoplasma mycoides capri. All
Mycoplasma capricolum, except subspecies capripneumoniae, continues to
be controlled under ECCN 1C360.
The EAR license requirements that apply to the specific items
affected by the amendments to ECCN 1C352 and 1C360 (described above)
remain unchanged. The affected items in these ECCNs continue to require
a license for export or reexport to all countries or destinations
indicated under CB Column 1 or AT Column 1 on the Commerce Country
Chart (Supplement No. 1 to Part 738 of the EAR).
This rule also amends the EAR to reflect the addition of Croatia as
the newest participating country in the Australia Group (which now
includes a total of 40 countries). Supplement No. 1 to Part 738
(Commerce Country Chart) is revised by removing the license
requirements indicated for Croatia, under CB Column 2, to conform with
the country scope of the CB license requirements that apply to other AG
participating countries (see Section 742.2 of the EAR). Supplement No.
1 to Part 740 (Country Groups) is revised to add Croatia to Country
Group A:3 (Australia Group). The definition of ``Australia Group'' in
Section 772.1 of the EAR is updated by adding Croatia to the list of
participating countries.
In addition to the AG plenary meeting changes described above, this
rule amends the EAR by revising the Technical Note to ECCN 2B352.a to
update a reference therein to the World Health Organization (WHO)
``Laboratory Biosafety Manual'' to identify the current edition of the
manual (i.e., 3rd edition, Geneva, 2004). This WHO manual contains
safety requirements for P3 or P4 (BL3, BL4, L3, L4) complete
containment facilities.
Finally, this rule amends Supplement No. 2 to Part 745 of the EAR
(titled ``States Parties to the Convention on the Prohibition of the
Development, Production, Stockpiling, and Use of Chemical Weapons and
on Their Destruction'') by adding ``Barbados,'' which became a State
Party to the CWC on April 6, 2007. As a result of this change, the CW
(Chemical Weapons) license requirements and policies that apply to
Barbados now conform with those applicable to other CWC States Parties,
as described in Section 742.18 of the EAR. This rule also clarifies the
scope of the entry for ``China'' in the list of CWC States Parties by
revising the footnote to this entry to indicate that, for CWC purposes
only, China includes ``Macau,'' as well as ``Hong Kong.''
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 extended by the Notice of August 15,
2007, 72 FR 46137 (August 16, 2007), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act.
Saving Clause
Shipments of items removed from eligibility for export or reexport
under a license exception or without a license (i.e., under the
designator ``NLR'') as a result of this regulatory action that were on
dock for loading, on lighter, laden aboard an exporting carrier, or en
route aboard a carrier to a port of export, on October 12, 2007,
pursuant to actual orders for export or reexport to a foreign
destination, may proceed to that destination under the previously
applicable license exception or without a license (NLR) so long as they
are exported or reexported before October 29, 2007. Any such items not
actually exported or reexported before midnight, on October 29, 2007,
require a license in accordance with this regulation.
``Deemed'' exports of ``technology'' and ``source code'' removed
from eligibility for export under a license exception or without a
license (under the designator ``NLR'') as a result of this regulatory
action may continue to be made under the previously available license
exception or without a license (NLR) before October 29, 2007. Beginning
at midnight on October 29, 2007, such ``technology'' and ``source
code'' may no longer be released, without a license, to a foreign
national subject to the ``deemed'' export controls in the EAR when a
license would be required to the home country of the foreign national
in accordance with this regulation.
Rulemaking Requirements
1. 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 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
[[Page 52002]]
BIS-748. Send comments regarding this burden estimate or any other
aspect of this collection of information, including suggestions for
reducing the burden, to David Rostker, 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 (Sec. 5 U.S.C. 553(a)(1)). 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 5 U.S.C. 553 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. Although there
is no formal comment period, public comments on this regulation are
welcome on a continuing basis.
List of Subjects
15 CFR Part 738
Administrative practice and procedure, Exports, Foreign trade.
15 CFR Part 740
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
15 CFR Part 745
Administrative practice and procedure, Chemicals, Exports, Foreign
trade, Reporting and recordkeeping requirements.
15 CFR Part 772
Exports.
15 CFR Part 774
Exports, Foreign trade, Reporting and recordkeeping requirements.
0
Accordingly, parts 738, 740, 745, 772, and 774 of the Export
Administration Regulations (15 CFR parts 730-799) are amended as
follows:
PART 738--[AMENDED]
0
1. The authority citation for 15 CFR part 738 is revised 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; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 15, 2007, 72 FR 46137
(August 16, 2007).
0
2. Supplement No. 1 to part 738 is amended by revising the entry for
``Croatia'' to read as follows:
Supplement No. 1 to Part 738--Commerce Country Chart
[Reason for control]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Chemical & biological Nuclear National security Missile Regional stability Firearms Crime control Anti-terrorism
weapons nonproliferation -------------------- tech convention -------------------------------------------------
Countries -------------------------------------------------- --------------------------------------------
CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 FC 1 CC 1 CC 2 CC 3 AT 1 AT 2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Croatia..................... X ........ ........ X ........ X X X X X ............ X ........ X ........ ........
* * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
PART 740--[AMENDED]
0
3. The authority citation for 15 CFR part 740 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; 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 15, 2007, 72 FR 46137 (August 16, 2007).
0
4. In Supplement No. 1 to part 740, Country Groups, Country Group A is
amended by adding, in alphabetical order, a new entry for ``Croatia''
to read as follows:
Supplement No. 1 to Part 740--Country Groups
Country Group A
----------------------------------------------------------------------------------------------------------------
Missile Australia group Nuclear
----------------- technology suppliers group
Country control regime ---------------------------------
[A:1] -----------------
[A:2] [A:3] [A:4]
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Croatia..................................... ............... ............... X
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 745--[AMENDED]
0
5. The authority citation for 15 CFR part 745 is revised to read as
follows:
Authority: 50 U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 3
CFR, 1994 Comp., p. 950; Notice of October 27, 2006, 71 FR 64109
(October 31, 2006).
Supplement No. 2 to Part 745 [Amended]
0
6. Supplement No. 2 to part 745 is amended:
[[Page 52003]]
0
a. By revising the undesignated center heading ``List of States Parties
as of November 1, 2006'' to read ``List of States Parties as of August
1, 2007'';
0
b. By adding, in alphabetical order, the country ``Barbados''; and
0
c. By revising the footnote for China to read ``* For CWC purposes
only, China includes Hong Kong and Macau.''
PART 772--[AMENDED]
0
7. The authority citation for 15 CFR part 772 is revised to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
15, 2007, 72 FR 46137 (August 16, 2007).
0
8. In Sec. 772.1, the definition of ``Australia Group'' is revised to
read as follows:
Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).
* * * * *
Australia Group. The countries participating in the Australia Group
have agreed to adopt harmonized controls on certain dual-use chemicals
(i.e., precursor chemicals), biological agents, related manufacturing
facilities and equipment, and related technology in order to ensure
that exports of these items do not contribute to the proliferation of
chemical or biological weapons. Countries participating in the
Australia Group as of July 1, 2007, include: Argentina, Australia,
Austria, Belgium, Bulgaria, Canada, Croatia, Cyprus, Czech Republic,
Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Japan, Korea (South), Latvia, Lithuania, Luxembourg,
Malta, the Netherlands, New Zealand, Norway, Poland, Portugal, Romania,
Slovak Republic, Slovenia, Spain, Sweden, Switzerland, Turkey, Ukraine,
the United Kingdom, and the United States. See also Sec. 742.2 of the
EAR.
* * * * *
PART 774--[AMENDED]
0
9. The authority citation for 15 CFR part 774 is revised 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; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 15, 2007, 72 FR 46137
(August 16, 2007).
Supplement No. 1 to Part 774--[Amended]
0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins,'' ECCN
1C352 is amended by revising paragraph (b) under ``Items'' in the List
of Items Controlled to read as follows:
1C352 Animal pathogens, as follows (see List of Items
Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. Bacteria, as follows:
b.1. Mycoplasma mycoides, as follows:
b.1.a. Mycoplasma mycoides subspecies mycoides SC (small colony)
(a.k.a. contagious bovine pleuropneumonia);
b.1.b. Mycoplasma capricolum subspecies capripneumoniae
(``strain F38'').
b.2. [RESERVED.]
Supplement No. 1 to Part 774--[Amended]
0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins,'' ECCN
1C360 is amended by revising paragraph (b)(2) under ``Items'' in the
List of Items Controlled to read as follows:
1C360 Select agents not controlled under ECCN 1C351, 1C352, or
1C354.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
b. * * *
b.2. Mycoplasma, as follows:
b.2.a. Mycoplasma capricolum, except subspecies capripneumoniae
(see ECCN 1C352.b.1.b);
b.2.b. Mycoplasma mycoides capri;
* * * * *
Supplement No. 1 to Part 774--[Amended]
0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B352 is amended by revising
parenthetical phrase ``(Geneva, 1983)'' to read ``(3rd edition, Geneva,
2004)'' in the Technical Note immediately following paragraph (a) in
the List of Items Controlled.
Dated: September 6, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-18018 Filed 9-11-07; 8:45 am]
BILLING CODE 3510-33-P
