Industry and Security Bureau September 2007 – Federal Register Recent Federal Regulation Documents

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.''

This rule updates the Code of Federal Regulations legal authority citations for the Export Administration Regulations (EAR) to include the citation to the President's Notice of August 15, 2007 Continuation of Emergency Regarding Export Control Regulations.