Implementation of the Understandings Reached at the 2012 Australia Group (AG) Plenary Meeting and the 2012 AG Intersessional Decisions; Changes to Select Agent Controls-Correction, 39971-39973 [2013-15970]
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39971
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations
The Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends chapter I of title 14, Code of
Federal Regulations as follows:
Parameters
PART 91—GENERAL OPERATING AND
FLIGHT RULES
1. The authority citation for part 91
continues to read as follows:
■
Installed system 1 minimum
accuracy (to recovered data)
Sampling
interval (per
second)
*
*
±100 to ±700 ft. (see Table 1,
TSO C51–a).
*
*
*
Altitude .................................... ¥1,000 ft. to max cert. alt. of
A/C.
*
1
*
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
3. The authority citation for part 121
continues to read as follows:
■
*
Issued under authority of 49 U.S.C. 106(f)
and 44701(a) in Washington, DC, on June 21,
2013.
Michael P. Huerta,
Administrator.
*
*
5 For A330/A340 series airplanes,
resolution = 1.18% (0.703° > 0.120°).
For A330/A340 series airplanes, seconds
per sampling interval = 1.
*
*
*
*
The Bureau of Industry and
Security (BIS) published a final rule in
the Federal Register on Wednesday,
June 5, 2013 (78 FR 33692), that
amended the Export Administration
Regulations (EAR) to implement the
understandings reached at the June 2012
plenary meeting of the Australia Group
(AG) and the 2012 AG intersessional
decisions. That final rule also amended
the EAR to reflect recent changes to the
controls maintained by 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, on the possession, use, and
transfer of select biological agents
within the United States. The preamble
*
PART 125—CERTIFICATION AND
OPERATIONS: AIRPLANES HAVING A
SEATING CAPACITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD COPACITY OF 6,000
POUNDS OR MORE; AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
5. The authority citation for part 125
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44705, 44710–44711, 44713, 44716–
44717, 44722.
6. In Appendix E to part 125, revise
footnote 5 to parameter 14a, Yaw
control position(s) (fly-by-wire), to read
as follows:
WREIER-AVILES on DSK5TPTVN1PROD with RULES
■
Appendix E to Part 125
*
*
*
*
*
5 For
A330/A340 series airplanes,
resolution = 1.18% (0.703° > 0.120°).
For A330/A340 series airplanes, seconds
per sampling interval = 1.
*
*
*
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*
*
15:18 Jul 02, 2013
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 120806310–3555–02]
*
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*
Background
On June 5, 2013, the final rule
‘‘Implementation of the Understandings
Reached at the 2012 Australia Group
(AG) Plenary Meeting and the 2012 AG
Intersessional Decisions; Changes to
Select Agent Controls’’ was published in
the Federal Register (78 FR 33692). In
the preamble of that final rule, the
discussion of the amendments to ECCN
1C351 erroneously indicated that the
bacterium ‘‘Coxiella burnetii’’ was
previously controlled under ECCN
1C351.c.11 when, in fact, this bacterium
was previously controlled under ECCN
1C351.c.10 and is now controlled under
1C351.c.13, based on the amendments
contained that final rule. Instead, prior
to the publication of that final rule,
ECCN 1C351.c.11 controlled
‘‘Enterohaemorrhagic Escherichia coli,
serotype O157 and other verotoxin
producing serotypes.’’ As a result of the
DEPARTMENT OF COMMERCE
*
*
AGENCY:
[FR Doc. 2013–16011 Filed 7–2–13; 8:45 am]
4. In Appendix M to part 121, revise
footnote 5 to parameter 14a, Yaw
control position(s) (fly-by-wire), to read
as follows:
*
*
25 to 150 ft.
of that final rule contained an error in
its description of the amendments to
Export Control Classification Number
(ECCN) 1C351 that were based on the
understandings reached at the 2012 AG
Plenary. The preamble also contained
an error in its description of the
amendments to ECCN 2B352 that were
based on the 2012 AG intersessional
decisions. In addition, that final rule
contained errors affecting the control
language in ECCN 2B352, which
controls specified equipment capable of
use in handling biological materials.
This document corrects these errors.
DATES: This rule is effective July 3,
2013.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Sangine, Director, Chemical
and Biological Controls Division, Office
of Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Telephone: (202) 482–3343.
SUPPLEMENTARY INFORMATION:
BILLING CODE 4910–13–P
Appendix M to Part 121
Resolution 4 read out
*
*
Authority: 49 U.S.C. 106(g), 40113, 40119,
41706, 44101, 44701–44702, 44705, 44709–
44711, 44713, 44716–44717, 44722, 46105.
■
2. In Appendix E to part 91, revise the
entry for Altitude under the column
heading ‘‘Parameters’’ to read as
follows:
■
Authority: 49 U.S.C. 106(g), 1155, 40103,
40113, 40120, 44101, 44111, 44701, 44704,
44709, 44711, 44712, 44715, 44716, 44717,
Range
*
44722, 46306, 46315, 46316, 46504, 46506–
46507, 47122, 47508, 47528–47531, articles
12 and 29 of the Convention on International
Civil Aviation (61 Stat. 1180).
RIN 0694–AF76
Implementation of the Understandings
Reached at the 2012 Australia Group
(AG) Plenary Meeting and the 2012 AG
Intersessional Decisions; Changes to
Select Agent Controls—Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correcting
amendment.
SUMMARY:
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WREIER-AVILES on DSK5TPTVN1PROD with RULES
39972
Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations
amendments made by that final rule,
these bacteria are now controlled under
ECCN 1C351.c.17, with the control
language having been clarified to read
‘‘Shiga toxin producing Escherichia coli
(STEC) of serogroups O26, O45, O103,
O104, O111, O121, O145, O157, and
other shiga toxin producing
serogroups.’’
The preamble of that final rule also
contained an error in its description of
the amendments to ECCN 2B352.
Specifically, in the description of the
technical characteristics of the spraydrying equipment now controlled under
ECCN 2B352.f, the preamble mistakenly
referred to ‘‘a typical mean product
particles size’’ when it should have said
‘‘a typical mean product particle size,’’
consistent with the control language in
ECCN 2B352.f.2.
In addition, that final rule amended
ECCN 2B352, under the ‘‘Items’’
paragraph in the List of Items
Controlled, by redesignating paragraphs
f. through h. as paragraphs g. through i.,
respectively, and adding a new
paragraph f. to control specified spray
drying equipment capable of drying
toxins or pathogenic microorganisms.
However, that final rule did not make
the necessary conforming changes, in
ECCN 2B352.i.3 and Technical Note 2 to
ECCN 2B352, to reflect the
redesignation of 2B352.h (specified
spraying or fogging systems and
components therefor) as 2B352.i.
This rule makes these conforming
changes, as follows. First, in ECCN
2B352.i.3, the phrase ‘‘as specified in
paragraphs h.1 and h.2 of this ECCN’’ is
revised to read, ‘‘as specified in
paragraphs i.1 and i.2 of this ECCN.’’
Second, in Technical Note 2 to ECCN
2B352, the phrase ‘‘as specified in
2B352.h’’ is revised to read, ‘‘as
specified in 2B352.i.’’ These conforming
changes do not affect either the scope of
the EAR controls that apply to
equipment controlled under ECCN
2B352 or the specific equipment that is
subject to these EAR controls.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
15, 2012, 77 FR 49699 (August 16,
2012), has continued the EAR 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.
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Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
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 Office of
Administration, Bureau of Industry and
Security, Department of Commerce,
14th Street and Pennsylvania Avenue
NW., Room 6622, Washington, DC
20230.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, 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 (5 U.S.C. 553(a)(1)). The changes
contained in this rule are nonsubstantive technical corrections of a
previously published rule that has
already been exempted from notice and
comment and delay in effective date
provisions, because the content of the
June 5, 2013, final rule involves a
military and foreign affairs function of
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the United States (5 U.S.C. 553(a)(1)).
The corrections contained in this final
rule are essential to ensuring the
accurate and complete implementation
of the June 5, 2013, final rule.
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required for this rule under the
Administrative Procedure Act or by any
other law, the analytical requirements of
the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable.
Therefore, this regulation is issued in
final form.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, part 774 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 774—[AMENDED]
1. The authority citation for 15 CFR
Part 774 continues to read as follows:
■
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 15, 2012, 77
FR 49699 (August 16, 2012).
Supplement No. 1 to Part 774—
[Amended]
2. In Supplement No. 1 to Part 774
(the Commerce Control List), Category
2—Materials Processing, ECCN 2B352 is
amended under the ‘‘Items’’ paragraph
in the List of Items Controlled section
by revising paragraph i.3 and Technical
Note 2 that follows paragraph i. to read
as follows:
■
2B352 Equipment capable of use in
handling biological materials, as follows (see
List of Items Controlled).
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
*
*
*
*
*
i. * * *
i.3. Aerosol generating units specially
designed for fitting to the systems as
specified in paragraphs i.1 and i.2 of this
ECCN.
Technical Notes:
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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations
1. * * *
2. This ECCN does not control spraying or
fogging systems and components, as
specified in 2B352.i., that are demonstrated
not to be capable of delivering biological
agents in the form of infectious aerosols.
*
*
*
*
*
Dated: June 27, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013–15970 Filed 7–2–13; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 1 and 602
[TD 9623]
RIN 1545–BI99
Application of Section 108(i) to
Partnerships and S Corporations
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations and removal of
temporary regulations.
AGENCY:
This document contains final
regulations relating to the application of
section 108(i) of the Internal Revenue
Code (Code) to partnerships and S
corporations and provides rules
regarding the deferral of discharge of
indebtedness income and original issue
discount deductions by a partnership or
an S corporation with respect to
reacquisitions of applicable debt
instruments after December 31, 2008,
and before January 1, 2011. The
regulations affect partnerships and S
corporations with respect to
reacquisitions of applicable debt
instruments and their partners and
shareholders.
SUMMARY:
Effective Date: These regulations
are effective on July 2, 2013.
Applicability Date: For dates of
applicability, see § 1.108(i)–0(b).
FOR FURTHER INFORMATION CONTACT:
Joseph R. Worst, Office of Associate
Chief Counsel (Passthroughs and
Special Industries), (202) 622–3070 (not
a toll-free number).
SUPPLEMENTARY INFORMATION:
WREIER-AVILES on DSK5TPTVN1PROD with RULES
DATES:
Paperwork Reduction Act
The collection of information
contained in these regulations has been
reviewed and approved by the Office of
Management and Budget in accordance
with the Paperwork Reduction Act of
1995 (44 U.S.C. 3507) under control
number 1545–2147. The collection of
information in these final regulations is
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in § 1.108(i)–2(b)(3)(iv). Under
§ 1.108(i)–2(b)(3)(iv), when a
partnership makes an election under
section 108(i), one or more of the
partners in the partnership may be
required to provide certain information
to the partnership so that the
partnership can correctly determine
each such partner’s deferred section 752
amount with respect to an applicable
debt instrument.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget.
Books or records relating to a
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and return information are
confidential, as required by 26 U.S.C.
6103.
Background
Section 108(i) was added to the Code
by section 1231 of the American
Recovery and Reinvestment Tax Act of
2009, Public Law 111–5 (123 Stat. 338
(2009)), and generally provides for an
elective deferral of cancellation of debt
income (COD income) realized by a
taxpayer from a reacquisition of an
applicable debt instrument that occurs
after December 31, 2008, and before
January 1, 2011. COD income deferred
under section 108(i) is included in gross
income ratably over a five taxable-year
period (inclusion period) beginning
with the taxpayer’s fourth or fifth
taxable year following the taxable year
of the reacquisition.
When a debt instrument is issued (or
treated as issued) as part of the
reacquisition, some or all of any original
issue discount (OID) expense accruing
from the debt instrument in a taxable
year prior to the first taxable year of the
inclusion period may also be required to
be deferred (deferred OID deduction).
The aggregate amount of deferred OID
deductions is limited to the amount of
COD income deferred with respect to
the applicable debt instrument for
which the section 108(i) election is
made, and the aggregate amount of
deferred OID deductions is taken into
account ratably over the inclusion
period.
In general, COD income deferred
under section 108(i) and related
deferred OID deductions with respect to
an applicable debt instrument that have
not been previously taken into account
(deferred items) are accelerated and
taken into account in the taxable year in
which an acceleration event occurs.
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39973
A section 108(i) election is irrevocable
and, if a section 108(i) election is made,
sections 108(a)(1)(A), (B), (C), and (D) do
not apply to the COD income that is
deferred under section 108(i). Section
108(i)(7) authorizes the Secretary to
prescribe regulations, rules, or other
guidance as may be necessary or
appropriate for purposes of applying
section 108(i).
In August 2009, the IRS and the
Treasury Department issued Rev. Proc.
2009–37 (2009–36 IRB 309), which
provides election procedures for
taxpayers (including partnerships and S
corporations) and other guidance under
section 108(i). Partnerships and S
corporations that make an election
under section 108(i) (electing
partnership or electing S corporation)
must follow the election procedures and
reporting requirements of Rev. Proc.
2009–37.
Temporary regulations (TD 9498, 75
FR 49380) and a notice of proposed
rulemaking (REG–144762–09, 75 FR
49427) (proposed regulations) crossreferencing the temporary regulations
were published in the Federal Register
on August 13, 2010. No public hearing
was requested or held. However, written
comments responding to the notice of
proposed rulemaking were received
from the public. These comments were
considered and are available for public
inspection at https://
www.regulations.gov or upon request.
After consideration of the comments,
the proposed regulations are adopted as
amended by this Treasury decision, and
the corresponding temporary
regulations are removed. The revisions
are discussed in this preamble.
Summary of Comments and
Explanation of Provisions
A. Partnership-Level Election
Section 108(i)(5)(B)(iii) provides that
in the case of a partnership, S
corporation, or other passthrough entity
that reacquires an applicable debt
instrument, the election under section
108(i) shall be made by the partnership,
S corporation, or other entity involved.
One commenter suggested that the final
regulations permit a partner in a
partnership to make a section 108(i)
election if the partnership does not
make the election. The commenter
reasoned that a partner-level election
rule would align section 108(i) with
section 108(d)(6), which generally
applies the rules under section 108 at
the partner level. Additionally, the
commenter noted that a partner-level
election would be beneficial when the
partners who control the partnership
have no interest in making a section
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]]>Agencies
[Federal Register Volume 78, Number 128 (Wednesday, July 3, 2013)]
[Rules and Regulations]
[Pages 39971-39973]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-15970]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 120806310-3555-02]
RIN 0694-AF76
Implementation of the Understandings Reached at the 2012
Australia Group (AG) Plenary Meeting and the 2012 AG Intersessional
Decisions; Changes to Select Agent Controls--Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) published a final
rule in the Federal Register on Wednesday, June 5, 2013 (78 FR 33692),
that amended the Export Administration Regulations (EAR) to implement
the understandings reached at the June 2012 plenary meeting of the
Australia Group (AG) and the 2012 AG intersessional decisions. That
final rule also amended the EAR to reflect recent changes to the
controls maintained by 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, on the possession, use, and transfer of select biological
agents within the United States. The preamble of that final rule
contained an error in its description of the amendments to Export
Control Classification Number (ECCN) 1C351 that were based on the
understandings reached at the 2012 AG Plenary. The preamble also
contained an error in its description of the amendments to ECCN 2B352
that were based on the 2012 AG intersessional decisions. In addition,
that final rule contained errors affecting the control language in ECCN
2B352, which controls specified equipment capable of use in handling
biological materials. This document corrects these errors.
DATES: This rule is effective July 3, 2013.
FOR FURTHER INFORMATION CONTACT: Elizabeth Sangine, Director, Chemical
and Biological Controls Division, Office of Nonproliferation and Treaty
Compliance, Bureau of Industry and Security, Telephone: (202) 482-3343.
SUPPLEMENTARY INFORMATION:
Background
On June 5, 2013, the final rule ``Implementation of the
Understandings Reached at the 2012 Australia Group (AG) Plenary Meeting
and the 2012 AG Intersessional Decisions; Changes to Select Agent
Controls'' was published in the Federal Register (78 FR 33692). In the
preamble of that final rule, the discussion of the amendments to ECCN
1C351 erroneously indicated that the bacterium ``Coxiella burnetii''
was previously controlled under ECCN 1C351.c.11 when, in fact, this
bacterium was previously controlled under ECCN 1C351.c.10 and is now
controlled under 1C351.c.13, based on the amendments contained that
final rule. Instead, prior to the publication of that final rule, ECCN
1C351.c.11 controlled ``Enterohaemorrhagic Escherichia coli, serotype
O157 and other verotoxin producing serotypes.'' As a result of the
[[Page 39972]]
amendments made by that final rule, these bacteria are now controlled
under ECCN 1C351.c.17, with the control language having been clarified
to read ``Shiga toxin producing Escherichia coli (STEC) of serogroups
O26, O45, O103, O104, O111, O121, O145, O157, and other shiga toxin
producing serogroups.''
The preamble of that final rule also contained an error in its
description of the amendments to ECCN 2B352. Specifically, in the
description of the technical characteristics of the spray-drying
equipment now controlled under ECCN 2B352.f, the preamble mistakenly
referred to ``a typical mean product particles size'' when it should
have said ``a typical mean product particle size,'' consistent with the
control language in ECCN 2B352.f.2.
In addition, that final rule amended ECCN 2B352, under the
``Items'' paragraph in the List of Items Controlled, by redesignating
paragraphs f. through h. as paragraphs g. through i., respectively, and
adding a new paragraph f. to control specified spray drying equipment
capable of drying toxins or pathogenic microorganisms. However, that
final rule did not make the necessary conforming changes, in ECCN
2B352.i.3 and Technical Note 2 to ECCN 2B352, to reflect the
redesignation of 2B352.h (specified spraying or fogging systems and
components therefor) as 2B352.i.
This rule makes these conforming changes, as follows. First, in
ECCN 2B352.i.3, the phrase ``as specified in paragraphs h.1 and h.2 of
this ECCN'' is revised to read, ``as specified in paragraphs i.1 and
i.2 of this ECCN.'' Second, in Technical Note 2 to ECCN 2B352, the
phrase ``as specified in 2B352.h'' is revised to read, ``as specified
in 2B352.i.'' These conforming changes do not affect either the scope
of the EAR controls that apply to equipment controlled under ECCN 2B352
or the specific equipment that is subject to these EAR controls.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 15, 2012, 77 FR 49699 (August 16, 2012), has continued the EAR
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.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid 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 Office of Administration, Bureau of Industry and Security,
Department of Commerce, 14th Street and Pennsylvania Avenue NW., Room
6622, Washington, DC 20230.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, 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 (5 U.S.C. 553(a)(1)). The changes
contained in this rule are non-substantive technical corrections of a
previously published rule that has already been exempted from notice
and comment and delay in effective date provisions, because the content
of the June 5, 2013, final rule involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). The corrections
contained in this final rule are essential to ensuring the accurate and
complete implementation of the June 5, 2013, final rule.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required for this rule under the Administrative
Procedure Act or by any other law, the analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable.
Therefore, this regulation is issued in final form.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, part 774 of the Export
Administration Regulations (15 CFR parts 730-774) is amended as
follows:
PART 774--[AMENDED]
0
1. The authority citation for 15 CFR Part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).
Supplement No. 1 to Part 774--[Amended]
0
2. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2--Materials Processing, ECCN 2B352 is amended under the
``Items'' paragraph in the List of Items Controlled section by revising
paragraph i.3 and Technical Note 2 that follows paragraph i. to read as
follows:
2B352 Equipment capable of use in handling biological materials, as
follows (see List of Items Controlled).
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
i. * * *
i.3. Aerosol generating units specially designed for fitting to
the systems as specified in paragraphs i.1 and i.2 of this ECCN.
Technical Notes:
[[Page 39973]]
1. * * *
2. This ECCN does not control spraying or fogging systems and
components, as specified in 2B352.i., that are demonstrated not to
be capable of delivering biological agents in the form of infectious
aerosols.
* * * * *
Dated: June 27, 2013.
Bernard Kritzer,
Director, Office of Exporter Services.
[FR Doc. 2013-15970 Filed 7-2-13; 8:45 am]
BILLING CODE 3510-33-P
