80_FR_56550 80 FR 56369 - Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction

80 FR 56369 - Implementation of the Australia Group (AG) November 2013 Intersessional Decisions; Correction

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 181 (September 18, 2015)

Page Range56369-56370
FR Document2015-23500

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

Federal Register, Volume 80 Issue 181 (Friday, September 18, 2015)
[Federal Register Volume 80, Number 181 (Friday, September 18, 2015)]
[Rules and Regulations]
[Pages 56369-56370]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-23500]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / 
Rules and Regulations

[[Page 56369]]



DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

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


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

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Correcting amendments.

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

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

DATES: This rule is effective September 18, 2015.

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

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

Rulemaking Requirements

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

[[Page 56370]]

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

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

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

PART 774--[AMENDED]

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

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


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

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

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

List of Items Controlled

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

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

* * * * *

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



                                                                                                                                                                                            56369

                                            Rules and Regulations                                                                                         Federal Register
                                                                                                                                                          Vol. 80, No. 181

                                                                                                                                                          Friday, September 18, 2015



                                            This section of the FEDERAL REGISTER                    SUPPLEMENTARY INFORMATION:                            instructions for ECCN 1E351 in the June
                                            contains regulatory documents having general               On June 16, 2015, the Bureau of                    16, 2015, final rule did not include a
                                            applicability and legal effect, most of which           Industry and Security (BIS) published                 specific instruction to amend the
                                            are keyed to and codified in the Code of                the final rule ‘‘Implementation of the                ‘‘Reason for Control’’ paragraph for this
                                            Federal Regulations, which is published under           Australia Group (AG) November 2013                    ECCN. Consequently, the ‘‘Reason for
                                            50 titles pursuant to 44 U.S.C. 1510.
                                                                                                    Intersessional Decisions’’ (80 FR 34266),             Control’’ paragraph in ECCN 1E351 was
                                            The Code of Federal Regulations is sold by              which amended the Export                              not revised by the June 16, 2015, final
                                            the Superintendent of Documents. Prices of              Administration Regulations (EAR) to                   rule. The paragraph, as published in the
                                            new books are listed in the first FEDERAL               reflect the merger of two AG common                   CCL, continues to correctly identify the
                                            REGISTER issue of each week.                            control lists by removing ECCN 1C352                  applicable controls for this ECCN as
                                                                                                    (animal pathogens) from the CCL and                   ‘‘CB, AT.’’ BIS identifies this error to
                                                                                                    adding the pathogens previously                       inform the public of the inconsistency
                                            DEPARTMENT OF COMMERCE                                  controlled under ECCN 1C352 to ECCN                   between the contents of the June 16,
                                                                                                    1C351 (human and zoonotic pathogens                   2015, final rule and the CCL, and to
                                            Bureau of Industry and Security                         and ‘‘toxins’’). The latter ECCN was                  provide clarification regarding the
                                                                                                    renamed to indicate that it controls both             applicable controls for ECCN 1E351.
                                            15 CFR Part 774                                         human and animal pathogens and                           Although the Export Administration
                                            [Docket No. 141229999–5828–02]                          ‘‘toxins.’’ That final rule also                      Act expired on August 20, 2001, the
                                                                                                    renumbered the items in ECCN 1C351.a,                 President, through Executive Order
                                            RIN 0694–AG45
                                                                                                    and certain items in ECCN 1C351.c to                  13222 of August 17, 2001, 3 CFR, 2001
                                            Implementation of the Australia Group                   accommodate the addition to ECCN                      Comp., p. 783 (2002), as amended by
                                            (AG) November 2013 Intersessional                       1C351 of those items that had been                    Executive Order 13637 of March 8,
                                            Decisions; Correction                                   controlled under ECCN 1C352 prior to                  2013, 78 FR 16129 (March 13, 2013),
                                                                                                    the publication of that rule.                         and as extended by the Notice of August
                                            AGENCY:  Bureau of Industry and                            As amended by the June 16, 2015,                   7, 2015 (80 FR 48,233 (Aug. 11, 2015)),
                                            Security, Commerce.                                     final rule, the Note to ECCN 1C351.a.4                has continued the Export
                                            ACTION: Correcting amendments.                          (which controls avian influenza viruses               Administration Regulations in effect
                                                                                                    identified as having high pathogenicity)              under the International Emergency
                                            SUMMARY:   The Bureau of Industry and                   incorrectly referenced ECCN 1C352.a.4,                Economic Powers Act. BIS continues to
                                            Security (BIS) publishes this final rule                instead of ECCN 1C351.a.4. This final                 carry out the provisions of the Export
                                            to correct typographical errors                         rule corrects the references contained in             Administration Act, as appropriate and
                                            contained in a final rule published on                  that Note. Specifically, the Note to                  to the extent permitted by law, pursuant
                                            June 16, 2015 (80 FR 34266), which                      ECCN 1C351.a.4 is corrected to read as                to Executive Order 13222, as amended
                                            amended the Export Administration                       follows: ‘‘Avian influenza (AI) viruses of            by Executive Order 13637.
                                            Regulations (EAR) to implement the                      the H5 or H7 subtype that do not have
                                            recommendations presented at the                                                                              Rulemaking Requirements
                                                                                                    either of the characteristics described in
                                            November 2013 Australia Group (AG)                      1C351.a.4 (specifically, 1C351.a.4.a or                  1. Executive Orders 13563 and 12866
                                            intersessional implementation meeting                   a.4.b) should be sequenced to determine               direct agencies to assess all costs and
                                            and later adopted pursuant to the AG                    whether multiple basic amino acids are                benefits of available regulatory
                                            silent approval procedure. The                          present at the cleavage site of the                   alternatives and, if regulation is
                                            typographical errors appear in a Note to                haemagglutinin molecule (HA0). If the                 necessary, to select regulatory
                                            ECCN 1C351.a, which includes viruses                    amino acid motif is similar to that                   approaches that maximize net benefits
                                            identified on the AG ‘‘List of Human                    observed for other HPAI isolates, then                (including potential economic,
                                            and Animal Pathogens and Toxins for                     the isolate being tested should be                    environmental, public health and safety
                                            Export Control.’’ This rule also                        considered as HPAI and the virus is                   effects, distributive impacts, and
                                            identifies another typographical error in               controlled under 1C351.a.4.’’ The                     equity). Executive Order 13563
                                            the June 16, 2015, final rule involving                 corrections to this Note do not affect the            emphasizes the importance of
                                            the ‘‘Reason for Control’’ paragraph for                scope of the controls described in ECCN               quantifying both costs and benefits, of
                                            ECCN 1E351. This error does not require                 1C351.a.4.                                            reducing costs, of harmonizing rules,
                                            a correction at this time, but is being                    In addition, the text for ECCN 1E351,              and of promoting flexibility. This rule
                                            identified to provide clarification to the              as published in the June 16, 2015, final              has been determined to be not
                                            public.                                                 rule incorrectly identified the applicable            significant for purposes of Executive
                                            DATES: This rule is effective September                 controls for this ECCN under the                      Order 12866.
                                            18, 2015.                                               ‘‘Reason for Control’’ paragraph in the                  2. Notwithstanding any other
                                            FOR FURTHER INFORMATION CONTACT:                        License Requirements section.                         provision of law, no person is required
                                            Richard P. Duncan, Ph.D., Director,                     Specifically, the ‘‘Reason for Control’’              to respond to, nor shall any person be
tkelley on DSK3SPTVN1PROD with RULES




                                            Chemical and Biological Controls                        paragraph mistakenly identified the                   subject to a penalty for failure to comply
                                            Division, Office of Nonproliferation and                applicable controls for ECCN 1E351 as                 with, a collection of information subject
                                            Treaty Compliance, Bureau of Industry                   ‘‘NS, MT, NP, CB, RS, AT,’’ instead of                to the requirements of the Paperwork
                                            and Security, Telephone: (202) 482–                     ‘‘CB, AT.’’ It is not necessary, however,             Reduction Act of 1995 (44 U.S.C. 3501
                                            3343, Email: Richard.Duncan@                            to amend ECCN 1E351 to correct this                   et seq.) (PRA), unless that collection of
                                            bis.doc.gov.                                            error, because the amendatory                         information displays a currently valid


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1


                                            56370            Federal Register / Vol. 80, No. 181 / Friday, September 18, 2015 / Rules and Regulations

                                            Office of Management and Budget                         opportunity for public comment are not                  Dated: September 10, 2015.
                                            (OMB) Control Number. This rule                         required to be given for this rule under              Karen H. Nies-Vogel,
                                            contains a collection of information                    the Administrative Procedure Act or by                Director, Office of Exporter Services.
                                            subject to the requirements of the PRA.                 any other law, the analytical                         [FR Doc. 2015–23500 Filed 9–17–15; 8:45 am]
                                            This collection has been approved by                    requirements of the Regulatory                        BILLING CODE 3510–33–P
                                            OMB under Control Number 0694–0088                      Flexibility Act (5 U.S.C. 601 et seq.) are
                                            (Multi-Purpose Application), which                      not applicable. Therefore, this
                                            carries a burden hour estimate of 58                    regulation is issued in final form.                   DEPARTMENT OF HOMELAND
                                            minutes to prepare and submit form
                                                                                                    List of Subjects in 15 CFR Part 774                   SECURITY
                                            BIS–748. Send comments regarding this
                                            burden estimate or any other aspect of                    Exports, Reporting and recordkeeping                U.S. Customs and Border Protection
                                            this collection of information, including               requirements.
                                            suggestions for reducing the burden, to                   For the reasons stated in the                       DEPARTMENT OF THE TREASURY
                                            Jasmeet Seehra, Office of Management                    preamble, part 774 of the Export
                                            and Budget (OMB), and to the                            Administration Regulations (15 CFR                    19 CFR Parts 133 and 151
                                            Regulatory Policy Division, Bureau of                   parts 730–774) is amended as follows:
                                            Industry and Security, Department of                                                                          [Docket No. USCBP–2012–0011; CBP Dec.
                                            Commerce, 14th Street & Pennsylvania                    PART 774—[AMENDED]                                    15–12]
                                            Avenue NW., Room 2705, Washington,                                                                            RIN 1515–AD87
                                            DC 20230.                                               ■ 1. The authority citation for 15 CFR
                                              3. This rule does not contain policies                part 774 continues to read as follows:                Disclosure of Information for Certain
                                            with Federalism implications as that                      Authority: 50 U.S.C. app. 2401 et seq.; 50          Intellectual Property Rights Enforced
                                            term is defined in Executive Order                      U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.        at the Border
                                            13132.                                                  7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
                                              4. The provisions of the                              seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);       AGENCIES:  U.S. Customs and Border
                                            Administrative Procedure Act (5 U.S.C.                  42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.            Protection, Department of Homeland
                                            553) requiring notice of proposed                       1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22           Security; Department of the Treasury.
                                                                                                    U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
                                            rulemaking and the opportunity for                                                                            ACTION: Final rule.
                                                                                                    13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
                                            public participation are waived for good                228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
                                            cause because they are unnecessary and                                                                        SUMMARY:    This document adopts as a
                                                                                                    Comp., p. 783; Notice of August 7, 2015 (80
                                            contrary to the public interest. (See 5                                                                       final rule, with changes, interim
                                                                                                    FR 48233 (Aug. 11, 2015)).
                                            U.S.C. 553(b)(B)). The changes                                                                                amendments to the U.S. Customs and
                                                                                                    ■ 2. In Supplement No. 1 to Part 774                  Border Protection (CBP) regulations
                                            contained in this rule are non-                         (the Commerce Control List), Category
                                            substantive technical corrections of a                                                                        pertaining to importations of
                                                                                                    1— Special Materials and Related                      merchandise bearing suspected
                                            previously published rule that has
                                                                                                    Equipment, Chemicals,                                 counterfeit trademarks or trade names
                                            already been exempted from notice and
                                                                                                    ‘‘Microorganisms’’ and ‘‘Toxins,’’ ECCN               that are recorded with CBP. Specifically,
                                            comment. This rule is necessary to
                                                                                                    1C351 is amended under the ‘‘Items’’                  the amendments allow CBP, for the
                                            ensure clarity in the regulations and
                                                                                                    paragraph in the List of Items Controlled             purpose of obtaining assistance in
                                            accuracy regarding the scope of controls
                                                                                                    section by revising the Note                          determining whether merchandise bears
                                            in the Note to ECCN 1C351.a.4. If this
                                                                                                    immediately following paragraph a.4.b                 a counterfeit mark, to disclose to a
                                            rule were delayed to allow for notice
                                                                                                    to read as follows:                                   trademark or other mark owner
                                            and comment, it would result in further
                                            confusion caused by the incorrect cross-                Supplement No. 1 to Part 774—the                      information appearing on merchandise
                                            references in that ECCN. These changes                  Commerce Control List                                 or its retail packaging that may
                                            are also essential to ensuring the                                                                            otherwise be protected by the Trade
                                                                                                    *    *    *     *      *                              Secrets Act. This final rule also amends
                                            accurate and complete implementation                    1C351 Human and animal pathogens
                                            of the June 16, 2015, final rule.                                                                             the CBP regulations to further enhance
                                                                                                       and ‘‘toxins’’, as follows (see List of            information-sharing procedures by
                                              The provision of the Administrative
                                                                                                       Items Controlled).                                 requiring CBP to release to the importer
                                            Procedure Act (5 U.S.C. 553) requiring
                                            a 30-day delay in effectiveness is also                 *    *    *     *      *                              an unredacted sample or image of the
                                            waived for good cause. (5 U.S.C.                        List of Items Controlled                              suspect merchandise or its retail
                                            553(d)(3)). The corrections contained in                                                                      packaging any time after presentation of
                                            this final rule are non-substantive                     *      *    *        *       *                        the suspect goods for examination. This
                                                                                                    Items:                                                change is to reflect that an importer may
                                            technical corrections of a previously                      a. * * *
                                            published rule that has already been                       a.4. * * *                                         not have complete information about
                                            exempted from notice and comment. If                       a.4.b. * * *                                       the marks appearing on imported goods,
                                            this rule were delayed to allow for a 30-                                                                     and release of such unredacted
                                                                                                       Note: Avian influenza (AI) viruses of the          information will assist the importer in
                                            day delay in effectiveness, it would                    H5 or H7 subtype that do not have either of
                                            result in further confusion caused by the               the characteristics described in 1C351.a.4
                                                                                                                                                          providing CBP with a meaningful
                                            incorrect cross-references in the                       (specifically, 1C351.a.4.a or a.4.b) should be        response to a detention notice. The
                                            aforementioned ECCN. These changes                      sequenced to determine whether multiple               amendments in this final rule also
                                            are also essential to ensuring the                      basic amino acids are present at the cleavage         require CBP to release limited
                                            accurate and complete implementation                    site of the haemagglutinin molecule (HA0). If         importation information to the mark
tkelley on DSK3SPTVN1PROD with RULES




                                            of the June 16, 2015, final rule.                       the amino acid motif is similar to that               owner no later than the time of issuance
                                              Further, no other law requires that a                 observed for other HPAI isolates, then the            of the detention notice to the importer,
                                            notice of proposed rulemaking and an                    isolate being tested should be considered as          rather than within 30 business days
                                                                                                    HPAI and the virus is controlled under
                                            opportunity for public comment be                       1C351.a.4.
                                                                                                                                                          from the date of detention. Finally,
                                            given for this final rule. Because a                                                                          these amendments require CBP to notify
                                            notice of proposed rulemaking and an                    *      *      *      *       *                        the mark owner that use of any


                                       VerDate Sep<11>2014   16:42 Sep 17, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4700   Sfmt 4700   E:\FR\FM\18SER1.SGM   18SER1



Document Created: 2015-12-15 09:27:31
Document Modified: 2015-12-15 09:27:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionCorrecting amendments.
DatesThis rule is effective September 18, 2015.
ContactRichard 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]
FR Citation80 FR 56369 
RIN Number0694-AG45
CFR AssociatedExports and Reporting and Recordkeeping Requirements

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