16664 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 710, 738, 740, 745, 772 

and 774 

[Docket No. 131211999–3999–01] 

RIN 0694–AG04 

Implementation of the Understandings 

Reached at the June 2013 Australia 

Group (AG) Plenary Meeting and the 

December 2012 AG Intersessional 

Decisions 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) publishes this final rule 

to amend the Export Administration 

Regulations (EAR) to implement the 

understandings reached at the June 2013 

plenary meeting of the Australia Group 

(AG) and the December 2012 AG 

intersessional decisions. Specifically, 

this rule amends the Commerce Control 

List (CCL) entry in the EAR that controls 

equipment capable of handling 

biological materials to reflect the 2013 

AG Plenary understanding that clarifies 

controls on fermenters, and certain 

components thereof, in the AG ‘‘Control 

List of Dual-Use Biological Equipment 

and Related Technology and Software.’’ 

This rule also amends the CCL entry 

that controls certain animal pathogens 

to reflect a recommendation made at the 

2013 AG Plenary meeting, which was 

later adopted pursuant to the AG silent 

approval procedure, to revise the AG 

‘‘List of Animal Pathogens for Export 

Control’’ to clarify the controls on the 

Lyssavirus genus. In addition, this rule 

amends the EAR to reflect the addition 

of Mexico as a participating country in 

the AG following the 2013 AG Plenary 

meeting. 

The recommendations agreed to 

through the silent approval procedure 

included changes to the controls on 

Clostridium perfringens in the AG ‘‘List 

of Biological Agents for Export Control’’ 

and changes to the description of 

‘‘genetic elements,’’ which are included 

in three of the AG common control lists. 

This rule also amends the CCL entry 

that controls chemical manufacturing 

facilities and equipment to reflect the 

AG intersessional decision to clarify the 

controls that apply to certain agitators 

for use in reaction vessels or reactors 

described in the CCL entry and to 

impellers, blades or shafts designed for 

such agitators. 

This rule also adds a License 

Exception STA paragraph to the CCL 

entry that controls human and zoonotic 

pathogens and toxins to clarify the 

scope of eligible items. Finally, this rule 

amends the EAR to reflect the addition 

of Somalia and Syria as States Parties to 

the Chemical Weapons Convention 

(CWC). 

DATES: This rule is effective March 26, 

2014. Comments on the information 

collection may be submitted at any time. 

ADDRESSES: Send comments regarding 

this collection of information, including 

suggestions for reducing the burden, to 

Jasmeet Seehra, Office of Management 

and Budget (OMB), by email 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. 

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 

The Bureau of Industry and Security 

(BIS) is amending the Export 

Administration Regulations (EAR) to 

implement the understandings reached 

at the Australia Group (AG) plenary 

meeting held in Paris, France, on June 

3–7, 2013. This rule also implements 

the recommendations presented at the 

AG intersessional implementation 

meeting held in Bonn, Germany, on 

December 6–7, 2012, and adopted 

pursuant to the AG silent approval 

procedure, which closed on March 11, 

2013. The AG is a multilateral forum 

consisting of 41 participating countries 

that maintain export controls on a list of 

chemicals, biological agents, and related 

equipment and technology that could be 

used in a chemical or biological 

weapons program. The AG periodically 

reviews items on its control list to 

enhance the effectiveness of 

participating governments’ national 

controls and to achieve greater 

harmonization among these controls. 

June 2013 AG Plenary Changes 

The June 2013 AG plenary meeting 

adopted understandings that affected 

the AG ‘‘Control List of Dual-Use 

Biological Equipment and Related 

Technology and Software.’’ This rule 

amends Export Control Classification 

Number (ECCN) 2B352 to reflect the AG 

plenary changes to this AG common 

control list. Specifically, ECCN 2B352 

(Equipment capable of use in handling 

biological materials) is amended by 

revising 2B352.b to indicate that this 

ECCN controls fermenters with a 

capacity of 20 liters or greater that are 

capable of the cultivation of pathogenic 

micro-organisms, or of live cells, for the 

production of pathogenic viruses or 

toxins without the propagation of 

aerosols. These fermenters are described 

in new subparagraph b.1 of ECCN 

2B352.b. 

This rule also amends ECCN 2B352.b 

to indicate that this ECCN controls the 

following components designed for the 

fermenters described above: Cultivation 

chambers designed to be sterilized or 

disinfected in situ; cultivation chamber 

holding devices; and process control 

units capable of simultaneously 

monitoring and controlling two or more 

fermentation system parameters (e.g. 

temperature, pH, nutrients, agitation, 

dissolved oxygen, air flow, foam 

control). These components are 

described in new subparagraph b.2 of 

ECCN 2B352.b. In addition, this rule 

amends the Technical Note to ECCN 

2B352.b to clarify that the ‘‘fermenters’’ 

controlled under this ECCN include all 

types of bioreactors, including ‘‘singleuse (disposable) bioreactors,’’ as well as 

chemostats and continuous-flow 

systems. 

There was also a recommendation 

made at the 2013 AG Plenary meeting to 

revise the AG ‘‘List of Animal Pathogens 

for Export Control’’ to clarify the 

controls on Lyssavirus (a.k.a. Rabies). 

This recommendation was adopted 

pursuant to the AG silent approval 

procedure, which closed on July 14, 

2013. Consistent with this AG change, 

this rule amends ECCN 1C352a.8 to 

clarify that it controls the Rabies virus 

and all other members of the Lyssavirus 

genus. 

December 2012 AG Intersessional 

Changes 

This rule also implements the 

recommendations presented at the AG 

intersessional implementation meeting 

held in December 2012 and adopted 

pursuant to the AG silent approval 

procedure in March 2013. These 

recommendations included changes to 

the AG ‘‘List of Biological Agents for 

Export Control’’ and to the description 

of ‘‘genetic elements,’’ as the term is 

used in this AG list, as well as in the 

AG ‘‘List of Animal Pathogens for 

Export Control’’ and the AG ‘‘List of 

Plant Pathogens for Export Control.’’ 

This rule amends ECCN 1C351 

(Human and zoonotic pathogens and 

toxins) to reflect the AG intersessional 

changes to the AG ‘‘List of Biological 

Agents for Export Control.’’ Specifically, 

ECCN 1C351.d.5 is revised to clarify 


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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 16665 

that the export controls on Clostridium 

perfringens apply only to the following 

exotoxins: Clostridium perfringens 

alpha, beta 1, beta 2, epsilon and iota 

toxins. Prior to this change, ECCN 

1C351.d.5 referred to Clostridium 

perfringens toxins, generally. 

In addition, this rule amends ECCN 

1C353 to reflect the AG intersessional 

changes to the description of ‘‘genetic 

elements’’ in the AG common control 

lists for biological agents, animal 

pathogens, and plant pathogens. 

Specifically, this rule revises the 

Technical Note 1 to ECCN 1C353 to 

clarify that ‘‘genetic elements’’ include, 

inter alia, not only chromosomes, 

genomes, plasmids, transposons, and 

vectors, whether genetically modified or 

unmodified, but also those 

chromosomes, genomes, plasmids, 

transposons, and vectors that have been 

‘‘chemically synthesized in whole or in 

part.’’ 

This rule also amends the 

introductory text of ECCN 2B350.b, 

which controls agitators for use in 

reaction vessels or reactors described in 

2B350.a and impellers, blades or shafts 

designed for such agitators. Specifically, 

the introductory text of ECCN 2B350.b 

is revised to read as follows: ‘‘Agitators 

designed for use in reaction vessels or 

reactors described in 2B350.a, and 

impellers, blades or shafts designed for 

such agitators, where all surfaces that 

come in direct contact with the 

chemical(s) being processed or 

contained are made from any of the 

following materials.’’ This change is 

intended to clarify that ECCN 2B350.b 

controls only agitators (and impellers, 

blades or shafts for such agitators) 

where: (1) The agitators are for use in 

reaction vessels or reactors described in 

2B350.a; and (2) all surfaces of the 

agitators (and of the impellers, blades or 

shafts for such agitators) that come in 

direct contact with the chemical(s) 

being processed or contained are made 

from any of the materials identified in 

ECCN 2B350.b.1 through .b.8. 

Change in Frequency of ‘‘Sample 

Shipment’’ Reports Required Under 

ECCN 1C350 

This rule amends the ‘‘sample 

shipments’’ provisions in License 

Requirement Note 1 of ECCN 1C350 to 

change the reporting requirement from 

quarterly to annual, consistent with the 

frequency of the reports required for 

imports and exports of CWC Schedule 2 

and 3 chemicals under Sections 713.3 

and 714.2, respectively, of the Chemical 

Weapons Convention Regulations 

(CWCR) (15 CFR parts 710–721). 

Consistent with the CWCR timetable, 

annual reports of ‘‘sample shipments’’ 

under ECCN 1C350 must be submitted 

to BIS no later than February 28 of the 

year following the calendar year in 

which the ‘‘sample shipments’’ were 

made. 

Addition of Mexico as a Participating 

Country in the AG 

This final rule amends the EAR to 

reflect the addition, on August 12, 2013, 

of Mexico as a participating country in 

the Australia Group (AG). Specifically, 

this rule amends Supplement No. 1 to 

part 738 of the EAR (Commerce Country 

Chart) by revising the entry for Mexico 

to remove the license requirements 

indicated under CB Column 2. This rule 

also amends Supplement No. 1 to part 

740 of the EAR (Country Groups) by 

adding Mexico to Country Group A:3 

(Australia Group). In addition, this rule 

revises the definition of ‘‘Australia 

Group’’ in Section 772.1 of the EAR 

(Definitions of Terms used in the EAR) 

by adding Mexico. 

Addition of Somalia and Syria as States 

Parties to the Chemical Weapons 

Convention (CWC) 

This rule also amends the EAR to 

reflect the addition of Somalia and Syria 

as States Parties to the CWC on June 28, 

2013, and October 14, 2013, 

respectively. Specifically, this rule 

amends Supplement No. 2 to part 745 

of the EAR (States Parties to the CWC) 

to add Somalia and Syria in alphabetical 

order. Because Somalia is not an AG 

participating country, its addition to the 

list of CWC States Parties in 

Supplement No. 2 to part 745 does not 

affect the CB Column 1 and CB Column 

2 license requirements for Somalia that 

are indicated in Supplement No. 1 to 

part 738 of the EAR (Commerce Country 

Chart). However, a license is no longer 

required for CB or CW (chemical 

weapons) reasons for exports to Somalia 

of mixtures and test kits controlled 

under ECCN 1C395.a and .b, 

respectively, although a license would 

be required if any of the end-user or 

end-use requirements in part 744 of the 

EAR apply. The addition of Syria to the 

list of CWC States Parties in 

Supplement No. 2 to part 745 does not 

affect any CB or CW license 

requirements for exports to Syria, 

because Section 746.9(a) of the EAR 

requires a license for exports and 

reexports to Syria of all items subject to 

the EAR (including, but not limited to, 

all items identified on the CCL), except 

for food and medicine classified as 

EAR99. 

In order to maintain consistency 

between the EAR and the Chemical 

Weapons Convention Regulations 

(CWCR) (15 CFR parts 710–721), with 

respect to those countries that are 

identified as States Parties to the CWC, 

this rule also amends Supplement No. 1 

to part 710 of the CWCR (States Parties 

to the CWC) to add the following 

countries in alphabetical order: 

Bahamas, Barbados, Congo (Democratic 

Republic of the), Dominican Republic, 

Iraq, Somalia, and Syria. 

License Exception STA Paragraph 

Added to ECCN 1C351 

In addition to the changes related to 

the AG or the CWC described above, 

this final rule also adds a License 

Exception STA paragraph to the license 

exceptions section of ECCN 1C351 in 

order to clarify the existing eligibility 

requirements for certain items 

controlled under this ECCN. 

Specifically, the new License Exception 

STA paragraph in ECCN 1C351 

indicates that paragraph (c)(1) of 

License Exception STA (see Section 

740.20(c)(1) of the EAR) may be used for 

items in 1C351.d.1 through 1C351.d.10 

and 1C351.d.13 through 1C351.d.19. 

Exporters are referred to Section 

740.20(b)(2)(vi) of the EAR for 

restrictions on the quantity of any one 

toxin that may be exported in a single 

STA shipment and the number of STA 

shipments that may be made to any one 

end user in a single calendar year. This 

STA paragraph also reminds exporters 

about the Automated Export System 

(AES) requirements in Section 

758.1(b)(4) of the EAR, which apply to 

all STA shipments. 

Effect of This Rule on the Scope of the 

CB Controls in the EAR 

The changes made by this rule only 

marginally affect the scope of the EAR 

controls on biological agents and toxins, 

chemical manufacturing facilities/

equipment, and equipment capable of 

use in handling biological materials. 

Specifically, the amendments to the List 

of Items Controlled in ECCNs 1C351 

(human and zoonotic pathogens) and 

2B352 (biological equipment) and to 

Technical Note 1 to ECCN 1C353 

(genetic elements) do not affect the 

scope of the controls in these ECCNs to 

a degree that would significantly impact 

the number of license applications that 

would have to be submitted for the 

affected items controlled therein. 

As indicated above, the addition of 

Somalia and Syria to the list of CWC 

States Parties in Supplement No. 2 to 

part 745 of the EAR is expected to have 

very little impact on the number of 

license applications that will have to be 

submitted for these destinations. 

Similarly, the addition of a License 

Exception STA paragraph to ECCN 

1C351 and the clarifications to the 


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16666 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

controls on agitators in ECCN 2B350.b 

do not alter the scope of the controls 

that apply to any of the affected items 

in these ECCNs. 

However, the amendments to the EAR 

to reflect the addition of Mexico as a 

participating member of the AG are 

expected to result in a modest reduction 

in the number of license applications 

that will have to be submitted for 

exports of precursor chemicals (ECCN 

1C350) and chemical/biological 

production and processing equipment 

(ECCNs 2B350, 2B351, and 2B352). 

These items generally will no longer 

require a license to Mexico because, in 

response to the addition of Mexico as a 

participating member of the AG, this 

rule removes the license requirements 

indicated for Mexico under CB Column 

2 of the Commerce Country Chart. 

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 

8, 2013, 78 FR 49107 (August 12, 2013), 

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. 

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 designated a ‘‘significant 

regulatory action’’ although not 

economically significant, under section 

3(f) of Executive Order 12866. 

Accordingly, the rule has been reviewed 

by the Office of Management and 

Budget. 

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 (See 5 U.S.C. 553(a)(1)). 

Immediate implementation of these 

amendments is non-discretionary and 

fulfills the United States’ international 

obligation to the Australia Group (AG). 

The AG contributes to international 

security and regional stability through 

the harmonization of export controls 

and seeks to ensure that exports do not 

contribute to the development of 

chemical and biological weapons. The 

AG consists of 41 member countries that 

act on a consensus basis and the 

amendments set forth in this rule 

implement the understandings reached 

at the June 2013 AG plenary meeting, 

the December 2012 AG intersessional 

changes, and other changes that are 

necessary to ensure consistency with 

the controls maintained by the AG. 

Since the United States is a significant 

exporter of the items in this rule, 

immediate implementation of this 

provision is necessary for the AG to 

achieve its purpose. Any delay in 

implementation will create a disruption 

in the movement of affected items 

globally because of disharmony between 

export control measures implemented 

by AG members, resulting in tension 

between member countries. Export 

controls work best when all countries 

implement the same export controls in 

a timely and coordinated manner. 

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 

15 CFR Part 710 

Chemicals, Exports, Foreign trade, 

Imports, Treaties. 

15 CFR Part 738 

Administrative practice and 

procedure, Exports, Foreign trade. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 745 

Administrative practice and 

procedure, Chemicals, Exports, Foreign 

trade, Reporting and recordkeeping 

requirements. 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, part 710 of the Chemical 

Weapons Convention Regulations (15 

CFR parts 710–721) and parts 738, 740, 

745, 772 and 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) are amended as follows: 

PART 710—[AMENDED] 

■ 1. The authority citation for 15 CFR 

Part 710 continues to read as follows: 

Authority: 22 U.S.C. 6701 et seq.; E.O. 

13128, 64 FR 36703, 3 CFR 1999 Comp., p. 

199. 

■ 2. Supplement No. 1 to Part 710 is 

amended by revising the undesignated 

center heading ‘‘List of States Parties as 

of December 20, 2008’’ to read ‘‘List of 

States Parties as of November 1, 2013’’ 

and by adding, in alphabetical order, the 

countries ‘‘Bahamas’’, ‘‘Barbados’’, 

‘‘Congo (Democratic Republic of the)’’, 

‘‘Dominican Republic’’, ‘‘Iraq’’, 

‘‘Somalia’’, and ‘‘Syria’’. 

PART 738—[AMENDED] 

■ 3. The authority citation for 15 CFR 

Part 738 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. 


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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 16667 

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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 4. Supplement No. 1 to Part 738 is 

amended by revising the entry for 

‘‘Mexico’’ to read as follows: 

SUPPLEMENT NO. 1 TO PART 738—COMMERCE COUNTRY CHART

[Reason for control] 

Countries 

Chemical and biological 

weapons 

Nuclear nonproliferation National 

security 

Missile 

tech 

Regional 

stability 

Firearms 

convention 

Crime control Anti-terrorism 

CB 1 CB 2 CB 3 NP 1 NP 2 NS 1 NS 2 MT 1 RS 1 RS 2 

FC 1 

CC 1 CC 2 CC 3 AT 1 AT 2 

*******

Mexico ............................................. X ............ ............ X ............ X X X X X X X ............ X ............ ............

* * * * * * * 

PART 740—[AMENDED] 

■ 5. The authority citation for 15 CFR 

Part 740 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 6. In Supplement No. 1 to Part 740, 

Country Groups, Country Group A is 

amended by adding, in alphabetical 

order, a new entry for ‘‘Mexico’’ to read 

as follows: 

SUPPLEMENT NO. 1 TO PART 740—COUNTRY GROUPS

[Country Group A] 

Country [A:1] 

[A:2] 

Missile 

technology 

control 

regime 

[A:3] 

Australia 

group 

[A:4] 

Nuclear 

suppliers 

group 

[A:5] [A:6] 

*******

Mexico ....................................................... ........................ ........................ X ........................ ........................ ........................

* * * * * * * 

PART 745—[AMENDED] 

■ 7. The authority citation for 15 CFR 

Part 745 continues to read as follows: 

Authority: 50 U.S.C. 1701 et seq.; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; Notice of November 7, 2013, 78 FR 

67289 (November 12, 2013). 

■ 8. Supplement No. 2 to Part 745 is 

amended by revising the undesignated 

center heading ‘‘List of States Parties as 

of May 21, 2009’’ to read ‘‘List of States 

Parties as of November 1, 2013’’ and by 

adding, in alphabetical order, the 

countries ‘‘Somalia’’ and ‘‘Syria’’. 

PART 772—[AMENDED] 

■ 9. The authority citation for 15 CFR 

Part 772 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

8, 2013, 78 FR 49107 (August 12, 2013). 

■ 10. In § 772.1, the definition of 

‘‘Australia Group’’ is revised to read as 

follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Australia Group. The countries 

participating in the Australia Group 

have agreed to adopt harmonized 

controls on certain dual-use chemicals 

(i.e., precursor chemicals), biological 

agents, related manufacturing facilities 

and equipment, and related technology 

in order to ensure that exports of these 

items do not contribute to the 

proliferation of chemical or biological 

weapons. Countries participating in the 

Australia Group as of November 1, 2013, 

include: Argentina, Australia, Austria, 

Belgium, Bulgaria, Canada, Croatia, 

Cyprus, Czech Republic, Denmark, 

Estonia, Finland, France, Germany, 

Greece, Hungary, Iceland, Ireland, Italy, 

Japan, Korea (South), Latvia, Lithuania, 

Luxembourg, Malta, Mexico, the 

Netherlands, New Zealand, Norway, 

Poland, Portugal, Romania, Slovak 

Republic, Slovenia, Spain, Sweden, 

Switzerland, Turkey, Ukraine, the 

United Kingdom, and the United States. 

See also § 742.2 of the EAR. 

* * * * * 

PART 774—[AMENDED] 

■ 11. 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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 12. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ ECCN 

1C350 is amended, under the License 

Requirements section, by revising 

paragraph .e of License Requirement 

Note 1 (‘‘Sample Shipments’’) to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 


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1C350 Chemicals that may be used as 

precursors for toxic chemical agents. 

License Requirements 

* * * * * 

License Requirement Notes 

1. Sample Shipments: * * * 

* * * * * 

e. Annual report requirement. The exporter 

is required to submit an annual written 

report for shipments of samples made under 

this Note 1. The report must be on company 

letterhead stationery (titled ‘‘Report of 

Sample Shipments of Chemical Precursors’’ 

at the top of the first page) and identify the 

chemical(s), Chemical Abstract Service 

Registry (C.A.S.) number(s), quantity(ies), the 

ultimate consignee’s name and address, and 

the date of export for all sample shipments 

that were made during the previous calendar 

year. The report must be submitted no later 

than February 28 of the year following the 

calendar year in which the sample shipments 

were made, to: U.S. Department of 

Commerce, Bureau of Industry and Security, 

14th Street and Pennsylvania Ave. NW., 

Room 2099B, Washington, DC 20230, Attn: 

‘‘Report of Sample Shipments of Chemical 

Precursors.’’ 

* * * * * 

■ 13. 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 List Based 

License Exceptions section, by adding 

an ‘‘STA’’ paragraph following the 

‘‘CIV’’ paragraph and, under the List of 

Items Controlled section, by revising 

paragraph d.5 in the ‘‘Items’’ paragraph 

to read as follows: 

1C351 Human and zoonotic pathogens and 

‘‘toxins’’, as follows (see List of Items 

Controlled). 

* * * * * 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: * * * 

GBS: * * * 

CIV: * * * 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1)) may be 

used for items in 1C351.d.1 through 

1C351.d.10 and 1C351.d.13 through 

1C351.d.19. See § 740.20(b)(2)(vi) for 

restrictions on the quantity of any one 

toxin that may be exported in a single 

shipment and the number of shipments 

that may be made to any one end user in 

a single calendar year. Also see the 

Automated Export System (AES) 

requirements in § 758.1(b)(4) of the EAR. 

(2) Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any items in 1C351. 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

d. * * * 

d.5. Clostridium perfringens alpha, beta 1, 

beta 2, epsilon and iota toxins; 

* * * * * 

■ 14. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ ECCN 

1C352 is amended by revising paragraph 

a.8. in the ‘‘Items’’ paragraph under the 

List of Items Controlled section to read 

as follows: 

1C352 Animal pathogens, as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. * * * 

a.8. Rabies virus and all other members of 

the Lyssavirus genus; 

* * * * * 

■ 15. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ ECCN 

1C353 is amended by revising Technical 

Note 1, following the ‘‘Items’’ paragraph 

under the List of Items Controlled 

section, to read as follows: 

1C353 Genetic elements and genetically 

modified organisms, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definition: * * * 

Items: 

* * * * * 

Technical Notes: 

1. ‘‘Genetic elements’’ include, inter alia, 

chromosomes, genomes, plasmids, 

transposons, and vectors, whether genetically 

modified or unmodified, or chemically 

synthesized in whole or in part. 

* * * * * 

■ 16. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B350 is 

amended by revising the introductory 

text of paragraph b. in the ‘‘Items’’ 

paragraph under the List of Items 

Controlled section to read as follows: 

2B350 Chemical manufacturing facilities 

and equipment, except valves controlled 

by 2A226 or 2A292, as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definition: * * * 

Items: 

a. * * * 

b. Agitators designed for use in reaction 

vessels or reactors described in 2B350.a, and 

impellers, blades or shafts designed for such 

agitators, where all surfaces that come in 

direct contact with the chemical(s) being 

processed or contained are made from any of 

the following materials: 

* * * * * 

■ 17. 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 b. and the 

Technical Note thereto to read as 

follows: 

2B352 Equipment capable of use in 

handling biological materials, as follows 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. * * * 

b. Fermenters and components as follows: 

b.1. Fermenters capable of cultivation of 

pathogenic micro-organisms or of live cells 

for the production of pathogenic viruses or 

toxins, without the propagation of aerosols, 

having a capacity of 20 liters or greater. 

b.2. Components designed for such 

fermenters, as follows: 

b.2.a. Cultivation chambers designed to be 

sterilized or disinfected in situ; 

b.2.b. Cultivation chamber holding devices; 

or 

b.2.c. Process control units capable of 

simultaneously monitoring and controlling 

two or more fermentation system parameters 

(e.g., temperature, pH, nutrients, agitation, 

dissolved oxygen, air flow, foam control). 

TECHNICAL NOTE: Fermenters include 

bioreactors (including single-use (disposable) 

bioreactors), chemostats and continuous-flow 

systems. 

* * * * * 

Dated: March 18, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–06406 Filed 3–25–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

National Technical Information Service 

15 CFR Part 1110 

[Docket Number: 140321001–4001–01] 

RIN 0692–AA21 

Temporary Certification Program for 

Access to the Death Master File 

AGENCY: National Technical Information 

Service, U.S. Department of Commerce. 


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