7548 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 

Automated Transition Form to migrate 

their account information, currently 

stored under the SSN account, to a new 

EIN account. As of October 20, 2009, the 

Automated Transition Form has been 

available on the AESDirect Web site. 

Those who file directly into the AES 

must contact their CBP representative to 

have their account manually 

transitioned. 

8. Clarify whether a company or 

individual can use its EIN as the USPPI 

identification number when filing on 

behalf of the USPPI. Several 

commenters wanted to know if a 

company or individual could use its EIN 

as the USPPI identification number 

when filing on behalf of the USPPI. A 

company that is filing in the AES on 

behalf of an individual cannot use its 

EIN. When filing the EEI on behalf of a 

USPPI, the EIN of that USPPI must be 

used as the identification number. The 

filer’s EIN cannot be used as the USPPI 

identification number. The use of 

another company or individual’s EIN is 

prohibited. 

9. Clarify the use of an EIN for 

shipments to the U.S. Armed Services. 

Several commenters wanted to know if 

an EIN would be required for shipments 

to the U.S. Armed Services. Filing an 

AES record is not required for 

shipments to the U.S. Armed Services 

for their exclusive use, whether the 

shipments are made commercially or 

through government channels, 

including shipments to armed services 

exchange systems per title 15, CFR, Part 

30, FTR, section 30.39. This exemption 

does not apply to articles on the United 

States Munitions List that are controlled 

by the International Traffic in Arms 

Regulations, or to shipments that are not 

consigned to the U.S. Armed Services, 

regardless of whether they may be for its 

ultimate and exclusive use. If an export 

falls under this exemption, you are not 

required to obtain an EIN because filing 

an AES record is not required. 

10. Clarify the use of an EIN for 

shipments to employees of government 

agencies. Several commenters wanted to 

know if government agencies or 

employees of these agencies were 

required to obtain an EIN for shipping 

purposes. Filing an AES record is not 

required for the following shipments: 

office furniture, office equipment, and 

office supplies shipped to and for the 

exclusive use of U.S. government 

offices, or household goods and 

personal property shipped to and for the 

exclusive and personal use of U.S. 

government employees. These 

shipments are exempt from filing the 

EEI per title 15, CFR, Part 30, FTR, 

section 30.40. If an export falls under 

this exemption, you are not required to 

obtain an EIN because filing an AES 

record is not required. 

Regulatory Changes 

To ensure the confidentiality of the 

USPPI’s and the U.S. authorized agent’s 

personal information, and to comply 

with the Privacy Act and OMB 

guidance, the Census Bureau is 

amending relevant sections of the FTR 

to specify the requirements for the 

reporting of an EIN, or DUNS in place 

of a SSN for identification purposes in 

the AES. 

The Census Bureau is amending the 

following sections of the FTR: 

• Section 30.1(c) definition for Party 

ID type is revised to eliminate the SSN. 

• Sections 30.3(a) and 30.3(e) are 

revised to eliminate the requirement of 

reporting the SSN in the AES. 

• Sections 30.6(a) and 30.6(b) are 

revised to eliminate the SSN as an 

option for the USPPI and U.S. 

authorized agent identification number. 

The U.S. Department of State and U.S. 

Department of Homeland Security 

concur with the provisions contained in 

this Final Rule. 

Rulemaking Requirements 

Administrative Procedure Act 

The Census Bureau finds good cause 

pursuant to 5 U.S.C. 553(b)(B) to waive 

prior notice and opportunity for public 

comment, as public comment is 

impracticable and contrary to the public 

interest of maintaining the security of 

personal information. To ensure the 

confidentiality of the USPPI and the 

U.S. authorized agent’s personal 

information, and to comply with the 

Privacy Act, the Census Bureau is 

amending appropriate sections of the 

FTR to eliminate the reporting of the 

SSN by USPPIs and U.S. authorized 

agents. If this rule were delayed to allow 

for notice and opportunity for public 

comment, USPPIs and U.S. authorized 

agents would continue to be required to 

submit their SSN to the Census Bureau 

if they do not have an EIN or DUNS. 

Therefore, in order to maintain the 

security of personal information, and to 

comply with the Privacy Act, the 

Census Bureau has determined that it 

will make this rule effective on March 

24, 2010. 

Regulatory Flexibility Act 

Because notice and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act are 

inapplicable. Therefore, a final 

regulatory flexibility analysis is not 

required and one has not been prepared. 

Executive Orders 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866. It has been determined 

that this rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

Paperwork Reduction Act 

The collection of information required 

in this final rule has been approved by 

the OMB under the Paperwork 

Reduction Act (PRA), title 44, U.S.C. 

Chapter 35. This rule amends a 

collection of information subject to the 

requirements of the PRA, which has 

been approved under OMB control 

number 0607–0152. The reporting and 

recordkeeping burden for this 

requirement is estimated at three total 

burden minutes per AES filing. 

Notwithstanding any other provision of 

law, no person is required to respond to, 

nor shall a person be subject to a 

penalty for failure to comply with, a 

collection of information subject to the 

requirements of the PRA, unless that 

collection of information displays a 

current, valid OMB control number. 

List of Subjects in 15 CFR Part 30 

Economic statistics, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

■ Accordingly, as discussed above, the 

interim final rule amending Title 15 

Code of Federal Regulations Part 30, 

which published at 74 FR 38914 on 

August 5, 2009, is adopted as a final 

rule without change. 

Dated: February 16, 2010. 

Robert M. Groves, 

Director, Bureau of the Census. 

[FR Doc. 2010–3365 Filed 2–19–10; 8:45 am] 

BILLING CODE 3510–07–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 0907241163–91434–01] 

RIN 0694–AE67 

Amendments to the Select Agents 

Controls in Export Control 

Classification Number (ECCN) 1C360 

on the Commerce Control List (CCL); 

Correction to ECCN 1E998 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is publishing this final 


cprice-sewell on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 7549 

1For select agents and toxins regulated by APHIS, 

see 7 CFR 331.3(b), 9 CFR 121.3(b), and 9 CFR 

121.4(b). For select agents and toxins regulated by 

CDC, see 42 CFR 73.3(b) and 42 CFR 73.4(b). 

rule to amend the Export 

Administration Regulations (EAR) by 

revising the controls on certain select 

agents identified in Export Control 

Classification Number (ECCN) 1C360 on 

the Commerce Control List (CCL) to 

reflect changes that the Animal Plant 

and Health Inspection Service (APHIS), 

U.S. Department of Agriculture, recently 

made to the Plant Protection and 

Quarantine Programs (PPQ) list of select 

agents and toxins. The changes made by 

APHIS were part of a biennial review 

and republication of the select agents 

and toxins lists separately maintained 

by APHIS and the Centers for Disease 

Control and Prevention (CDC), U.S. 

Department of Health and Human 

Services (HHS). Both agencies maintain 

controls on the ‘‘possession, use, and 

transfer within the United States’’ of 

certain select agents and toxins, 

including human and zoonotic 

pathogens, animal pathogens, and plant 

pathogens. BIS maintains controls on 

‘‘exports’’ of the select agents and toxins 

regulated by CDC and APHIS. CDC and 

APHIS simultaneously published the 

revisions to their lists of select agents 

and toxins on October 16, 2008. These 

changes became effective on November 

17, 2008. BIS determined that the only 

changes that required amendments to 

the EAR were the changes to the PPQ 

list of select agents and toxins 

maintained by APHIS. 

This rule also amends ECCN 1E998 on 

the CCL to remove controls on 

technology for the ‘‘development’’ or 

‘‘production’’ of materials controlled by 

ECCN 1C995. This technology was 

inadvertently included in ECCN 1E998 

by a final rule published by BIS in 

September 2006 and was made subject 

to the anti-terrorism (AT) license 

requirements described therein. 

Effective with the publication of this 

final rule, this technology is once again 

classified as EAR99. 

DATES: This rule is effective February 

22, 2010. 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–AE67, by any of 

the following methods: 

• E-mail: 

publiccomments@bis.doc.gov. Include 

‘‘RIN 0694–AE67’’ 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 Street & Pennsylvania Avenue, 

NW., Room 2705, Washington, DC 

20230, ATTN: RIN 0694–AE67. 

Send comments regarding this 

collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by e-mail to 

Jasmeet_K._Seehra@omb.eop.gov, or by 

fax to (202) 395–7285; and to the 

Regulatory Policy Division, Bureau of 

Industry and Security, Department of 

Commerce, 14th Street & Pennsylvania 

Avenue, NW., Room 2705, Washington, 

DC 20230. Comments on this collection 

of information should be submitted 

separately from comments on the final 

rule (i.e., RIN 0694–AE67)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Orr, Export Policy Analyst, 

Chemical and Biological Controls 

Division, Office of Nonproliferation and 

Treaty Compliance, Bureau of Industry 

and Security, Telephone: (202) 482– 

4201. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

update the controls on certain select 

agents identified in Export Control 

Classification Number (ECCN) 1C360 on 

the Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) to reflect changes that the Animal 

Plant and Health Inspection Service 

(APHIS), U.S. Department of 

Agriculture, recently made to the Plant 

Protection and Quarantine Programs 

(PPQ) list of select agents and toxins in 

7 CFR 331.3(b). The changes published 

by APHIS were part of a biennial review 

and republication of select agents and 

toxins lists that are separately 

maintained by APHIS and the Centers 

for Disease Control and Prevention 

(CDC), U.S. Department of Health and 

Human Services (HHS). Both of these 

U.S. Government agencies maintain 

controls on the ‘‘possession, use, and 

transfer within the United States’’ of 

certain select agents and toxins 

(including human and zoonotic 

pathogens, animal pathogens, and plant 

pathogens),1 while BIS controls 

‘‘exports’’ of these select agents and 

toxins. 

The revisions to the lists of select 

agents and toxins maintained by CDC 

and APHIS were published, 

simultaneously, on October 16, 2008 (at 

73 FR 61363 and 73 FR 61325, 

respectively), and became effective on 

November 17, 2008. Certain changes 

involving the PPQ list of select agents 

and toxins maintained by APHIS at 7 

CFR 331.3(b) were determined by BIS to 

require amendments to ECCN 1C360, 

which controls select agents regulated 

by CDC and APHIS that are not 

controlled under ECCN 1C351, 1C352, 

or 1C354 on the CCL. Therefore, BIS is 

publishing this final rule to amend 

ECCN 1C360 to make the following 

changes consistent with the PPQ list: (1) 

Remove ‘‘Candidatus Liberobacter 

africanus’’ and ‘‘Candidatus Liberobacter 

asiaticus,’’ (2) add ‘‘Phoma glyciniocola 

(formerly Pyrenochaeta glycines)’’ and 

‘‘Rathayibacter toxicus,’’ and (3) clarify 

that ‘‘Peronosclerospora philippinensis’’ 

is also known as ‘‘Peronosclerospora 

sacchari.’’ 

This rule also makes a correction to 

ECCN 1E998 that is unrelated to the 

select agent changes described above. 

Specifically, this rule amends ECCN 

1E998 to remove controls on technology 

for the ‘‘development’’ or ‘‘production’’ of 

materials controlled by ECCN 1C995. 

This technology was inadvertently 

included in ECCN 1E998 by a final rule 

published by BIS on September 7, 2006 

(71 FR 52956), and was made subject to 

the anti-terrorism (AT) license 

requirements described therein. The 

September 2006 rule’s stated purpose 

for adding this technology to ECCN 

1E998 was to maintain AT controls on 

certain ‘‘development’’ and ‘‘production’’ 

technology previously controlled under 

ECCN 1E001. However, ‘‘development’’ 

and ‘‘production’’ technology for 

materials controlled by ECCN 1C995 

was not controlled under ECCN 1E001 

at the time the September 2006 rule was 

published or, in fact, at any other time. 

Instead, this technology was classified 

as EAR99 and should have remained so. 

Therefore, effective with the publication 

of this final rule, this technology is once 

again classified as EAR99. 

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 13, 2009, 74 FR 41325 

(August 14, 2009), 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 


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7550 Federal Register / Vol. 75, No. 34 / Monday, February 22, 2010 / Rules and Regulations 

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 

March 24, 2010, 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 April 8, 

2010. Any such items not actually 

exported or reexported before midnight, 

on April 8, 2010, 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 April 8, 2010. Beginning at 

midnight on April 8, 2010, 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 

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 

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 in 15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

■ Accordingly, 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; 46 U.S.C. app. 466c; 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 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 2. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1C360 is amended by revising paragraph 

(c) under ‘‘Items’’ in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C360 Select agents not controlled 

under ECCN 1C351, 1C352, or 1C354. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

c. Plant pathogens, as follows: 

c.1. Bacteria, as follows: 

c.1.a. Rathayibacter toxicus; 

c.1.b. Xylella fastidiosa pv. citrus 

variegated chlorosis (CVC); 

c.2. Fungi, as follows: 

c.2.a. Peronosclerospora 

philippinensis (a.k.a. Peronosclerospora 

sacchari); 

c.2.b. Sclerophthora rayssiae var. 

zeae; 

c.2.c. Synchytrium endobioticum; 

c.2.d. Phoma glycinicola (formerly 

Pyrenochaeta glycines). 

* * * * * 

■ 3. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Materials, Chemicals, 

‘‘Microorganisms’’ & ‘‘Toxins,’’ ECCN 

1E998 is amended by revising the ECCN 

heading to read as follows: 

1E998 ‘‘Technology’’ for the 

‘‘development’’ or ‘‘production’’ of 

processing equipment controlled by 

1B999, and materials controlled by 

1C996, 1C997, 1C998, or 1C999. 

* * * * * 

Dated: February 16, 2010. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–3389 Filed 2–19–10; 8:45 am] 

BILLING CODE 3510–33–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1130 

Requirements for Consumer 

Registration of Durable Infant or 

Toddler Products; Correction 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Consumer Product Safety 

Commission (‘‘Commission’’) is 

correcting a final rule that appeared in 

the Federal Register of December 29, 

2009 (74 FR 68668). The document 

issued a final rule under section 104(d) 

of the Consumer Product Safety 

Improvement Act of 2008 (‘‘CPSIA’’) 

requiring manufacturers of durable 

infant or toddler products to establish 

and maintain a system for consumers to 

register their products with the 

manufacturer. 

DATES: The correction will become 

effective on June 28, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Marc Schoem, Deputy Director, Office of 


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