39968 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 91, 121 and 125 

[Docket No.: FAA–2013–0579; Amendment 

Nos. 91–329, 121–364 and 125–62] 

RIN 2120–AK27 

Flight Data Recorder Airplane 

Parameter Specification Omissions 

and Corrections 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: This action amends the 

operating regulations for flight data 

recorders by correcting errors in 

recording rates in three different 

appendices. These errors create 

requirements that could not be met by 

certain airplanes without extensive 

modification, which was not intended 

when the requirements were adopted. 

The corrected recording rates are as 

intended when the applicable flight data 

recorder parameter requirements were 

adopted, but which have been omitted 

from the current publication of the 

regulatory text. 

DATES: Effective September 3, 2013. 

Submit comments on or before August 

2, 2013. 

ADDRESSES: Send comments identified 

by docket number FAA–2013–0579 

using any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action contact Chris Parfitt, Flight 

Standards Service, Aircraft Maintenance 

Division—Avionics Maintenance 

Branch, AFS–360, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 385–6398; email 

chris.parfitt@faa.gov. 

For legal questions concerning this 

rule contact Karen Petronis, 

International Law, Legislation and 

Regulations Division (AGC–200), Office 

of the Chief Counsel, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073, email 

Karen.Petronis@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C.) authorizes agencies to dispense 

with notice and comment procedures 

for rules when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under this 

section, an agency, upon finding good 

cause, may issue a final rule without 

seeking comment prior to the 

rulemaking. 

This rule corrects errors in the 

recording rates for two flight data 

recorder parameters. The errors appear 

in three appendices to the flight 

recorder requirements. The correct 

standards were adopted during full 

notice and comment rulemakings. The 

nature of the errors is explained in the 

preamble below. None of the errors 

changes a standard, nor will there be 

any effect on regulated entities other 

than to prevent future 

misunderstandings that would have 

been resolved when interested persons 

contact the FAA. 

Accordingly, the FAA finds that 

further notice and comment are 

unnecessary. 

Comments Invited 

For the reasons noted above, the FAA 

is adopting this final rule without prior 

notice and public comment. The 

Regulatory Policies and Procedures of 

the Department of Transportation (DOT) 

(44 FR 1134; February 26, 1979), 

provide that, to the maximum extent 

possible, operating administrations for 

the DOT should provide an opportunity 

for public comment on regulations 

issued without prior notice. 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from adopting 

the changes. The most helpful 

comments reference a specific portion of 

this rule, explain the reason for any 

recommended change, and include 

supporting data. To ensure the docket 

does not contain duplicate comments, 

please send only one copy of written 

comments, or, if you are filing 

comments electronically, please submit 

your comments only one time. 

The FAA will file in the docket all 

comments we receive, as well as a 

report summarizing each substantive 

public contact with FAA personnel 

concerning this rulemaking. Once the 

comment period closes, the FAA will 

review and dispose of the comments 

filed in the rulemaking docket. Because 

this is a final rule, the FAA will publish 

a disposition of comments in the 

Federal Register. Based on the 

comments received, the FAA will state 

whether it has decided that (i) no action 

is necessary other than publishing the 

disposition of comments in the Federal 

Register, or (ii) the FAA should prepare 

a revised final rule. 

Proprietary or Confidential Business 

Information 

Do not file in the docket information 

that you consider to be proprietary or 

confidential business information. Send 

or deliver this information directly to 

the person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

document. Mark the information that is 

considered proprietary or confidential. 

If the information is on a disk or CD 

ROM, mark the outside of the disk or CD 

ROM and also identify electronically 

within the disk or CD ROM the specific 

information that is proprietary or 

confidential. 

Under § 11.35(b), when the FAA is 

aware of proprietary information filed 

with a comment, the agency does not 

place it in the docket. The FAA holds 

it in a separate file to which the public 

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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 39969 

does not have access, and the agency 

places a note in the docket that it has 

received it. If the FAA receives a request 

to examine or copy this information, the 

FAA treats it as any other request under 

the Freedom of Information Act, 5 

U.S.C. 552. The FAA processes such a 

request under the DOT procedures 

found in 49 CFR part 7. 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106 describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. 

This rulemaking is promulgated 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701. Under that section, the FAA is 

charged with prescribing regulations 

providing minimum standards for other 

practices, methods and procedures 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority since flight data recorders 

are the only means available to account 

for airplane movement and flight crew 

actions critical to finding the probable 

cause of incidents or accidents, 

including data that could prevent future 

incidents or accidents. 

I. Discussion of Final Rule 

This final rule amends three 

appendices in 14 CFR related to flight 

data recorder (FDR) requirements. 

First, Appendix E to part 91 is 

amended to correct what appears to be 

a typographical error introduced when 

the rule was published. Currently, for 

the altitude parameter, the sampling rate 

per second is listed as 11. The correct 

rate has always been 1 sample per 

second. A review of the original 

typewritten document that was 

submitted for publication suggests that 

a stray mark caused the number to be 

translated as 11. The sample rate of 1 

per second was in the proposed rule (53 

FR 4314; February 12, 1988) and the 

final rule (54 FR 34284; August 18, 

1989). Since a sample rate of 11 is 

unknown in the industry and 

compliance would require a major 

airplane equipment modification, 

affected operators have understood that 

this was a typographical error, and 

complied with the 1 sample per second 

rate. Despite the age of the error, this 

correction does not comprise the 

adoption of a different standard that 

will affect airplanes operating under 

these regulations since any initial 

misunderstandings have been clarified 

when the agency was contacted. 

The second and third corrections 

concern identical standards in 

Appendix M to part 121 and Appendix 

E to part 125. In each Appendix, 

footnote 5 was added following a 

petition for rulemaking from Airbus 

Industries and subsequent rulemaking 

to adopt the changes (64 FR 46117; 

August 24, 1999), as evidenced by the 

discussion in the preamble to that rule. 

However, the current regulation lists 

only the adjustment for the resolution, 

and not the sampling interval. This 

action puts the sampling interval of 

once per second back in to the footnote 

for the affected airplanes. Since the 

airplane can be operated under parts 

121 or 125 using the identical standard, 

the appendices for each are being 

corrected. 

None of these changes will require 

action by airplane owners, operators or 

manufacturers as the affected airplanes 

already comply with the requirements 

of the originally adopted rules and the 

corrections adopted here. Since these 

requirements were intended in the 

original rules, there is no new impact on 

safety. The correction of these errors 

and omissions will prevent future 

confusion and require less contact 

between the FAA and regulated entities 

who must comply with the regulations. 

II. Summary of the Costs and Benefits 

of the Final Rule 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 and 

Executive Order 13563 direct that each 

Federal agency shall propose or adopt a 

regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act (Public Law 96–39) prohibits 

agencies from setting standards that 

create unnecessary obstacles to the 

foreign commerce of the United States. 

In developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it to be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows: 

This rule has minimal cost because none 

of the changes outlined above will require 

action by airplane owners, operators or 

manufacturers as the affected airplanes 

already comply with the requirements of the 

originally adopted rules and the corrections 

adopted here. Furthermore, since these 

requirements were intended in the original 

rules, there is no new impact on safety. 

The FAA has, therefore, determined 

that this final rule is not a ‘‘significant 

regulatory action’’ as defined in section 

3(f) of Executive Order 12866, and is not 

‘‘significant’’ as defined in DOT’s 

Regulatory Policies and Procedures. 

III. Regulatory Notices and Analyses 

A. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation.’’ To achieve this principle, 

agencies are required to solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. However, if an agency determines 

that a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

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39970 Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

This rule will have minimal cost 

because none of the changes outlined 

above will require action by airplane 

owners, operators or manufacturers as 

the affected airplanes already comply 

with the requirements of the originally 

adopted rules and the corrections 

adopted here. Furthermore, since these 

requirements were intended in the 

original rules, there is no new impact on 

safety. 

Therefore, as the FAA Administrator, 

I certify that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

B. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Public Law 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such as 

the protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this final rule and 

determined that none of the rule 

changes will require action by airplane 

owners, operators or manufacturers as 

the affected airplanes already comply 

with the requirements of the originally 

adopted rules and the corrections 

adopted here. Therefore this final rule 

will have no effect on international 

trade. 

C. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 

$143.1 million in lieu of $100 million. 

This final rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Act do not apply. 

E. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. The 

FAA has determined that there is no 

new requirement for information 

collection associated with this final 

rule. 

F. International Compatibility and 

Cooperation 

(1) In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has reviewed the corresponding ICAO 

Standards and Recommended Practices 

and has identified no differences with 

these regulations. 

(2) Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate, or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

G. Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

Chapter 3, paragraph 312f and involves 

no extraordinary circumstances. 

IV. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this final rule 

under the principles and criteria of 

Executive Order 13132, Federalism. The 

agency determined that this action will 

not have a substantial direct effect on 

the States, or the relationship between 

the Federal Government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this final rule 

under Executive Order 13211, Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use (May 18, 2001). The 

agency has determined that it is not a 

‘‘significant energy action’’ under the 

executive order and it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

V. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document my be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http:// 

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at: http:// 

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http:// 

www.faa.gov/regulations_policies/ 

rulemaking/sbre_act/. 

List of Subjects 

14 CFR Part 91 

Aircraft, Aviation safety. 

14 CFR Part 121 

Air carriers, Aircraft, Aviation safety, 

Safety, Transportation. 

14 CFR Part 125 

Aircraft, Aviation safety. 

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Federal Register / Vol. 78, No. 128 / Wednesday, July 3, 2013 / Rules and Regulations 39971 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends chapter I of title 14, Code of 

Federal Regulations as follows: 

PART 91—GENERAL OPERATING AND 

FLIGHT RULES 

■ 1. The authority citation for part 91 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 1155, 40103, 

40113, 40120, 44101, 44111, 44701, 44704, 

44709, 44711, 44712, 44715, 44716, 44717, 

44722, 46306, 46315, 46316, 46504, 46506– 

46507, 47122, 47508, 47528–47531, articles 

12 and 29 of the Convention on International 

Civil Aviation (61 Stat. 1180). 

■ 2. In Appendix E to part 91, revise the 

entry for Altitude under the column 

heading ‘‘Parameters’’ to read as 

follows: 

Parameters Range Installed system 1 minimum 

accuracy (to recovered data) 

Sampling 

interval (per 

second) 

Resolution 4 read out 

*******

Altitude .................................... ¥1,000 ft. to max cert. alt. of 

A/C.

±100 to ±700 ft. (see Table 1, 

TSO C51–a).

1 25 to 150 ft. 

* * * * * * * 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 3. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

41706, 44101, 44701–44702, 44705, 44709– 

44711, 44713, 44716–44717, 44722, 46105. 

■ 4. In Appendix M to part 121, revise 

footnote 5 to parameter 14a, Yaw 

control position(s) (fly-by-wire), to read 

as follows: 

Appendix M to Part 121 

* * * * * 5For A330/A340 series airplanes, 

resolution = 1.18% (0.703° > 0.120°). 

For A330/A340 series airplanes, seconds 

per sampling interval = 1. 

* * * * * 

PART 125—CERTIFICATION AND 

OPERATIONS: AIRPLANES HAVING A 

SEATING CAPACITY OF 20 OR MORE 

PASSENGERS OR A MAXIMUM 

PAYLOAD COPACITY OF 6,000 

POUNDS OR MORE; AND RULES 

GOVERNING PERSONS ON BOARD 

SUCH AIRCRAFT 

■ 5. The authority citation for part 125 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701– 

44702, 44705, 44710–44711, 44713, 44716– 

44717, 44722. 

■ 6. In Appendix E to part 125, revise 

footnote 5 to parameter 14a, Yaw 

control position(s) (fly-by-wire), to read 

as follows: 

Appendix E to Part 125 

* * * * * 5For A330/A340 series airplanes, 

resolution = 1.18% (0.703° > 0.120°). 

For A330/A340 series airplanes, seconds 

per sampling interval = 1. 

* * * * * 

Issued under authority of 49 U.S.C. 106(f) 

and 44701(a) in Washington, DC, on June 21, 

2013. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2013–16011 Filed 7–2–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 120806310–3555–02] 

RIN 0694–AF76 

Implementation of the Understandings 

Reached at the 2012 Australia Group 

(AG) Plenary Meeting and the 2012 AG 

Intersessional Decisions; Changes to 

Select Agent Controls—Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: The Bureau of Industry and 

Security (BIS) published a final rule in 

the Federal Register on Wednesday, 

June 5, 2013 (78 FR 33692), that 

amended the Export Administration 

Regulations (EAR) to implement the 

understandings reached at the June 2012 

plenary meeting of the Australia Group 

(AG) and the 2012 AG intersessional 

decisions. That final rule also amended 

the EAR to reflect recent changes to the 

controls maintained by the Animal and 

Plant Health Inspection Service 

(APHIS), U.S. Department of 

Agriculture, and the Centers for Disease 

Control and Prevention (CDC), U.S. 

Department of Health and Human 

Services, on the possession, use, and 

transfer of select biological agents 

within the United States. The preamble 

of that final rule contained an error in 

its description of the amendments to 

Export Control Classification Number 

(ECCN) 1C351 that were based on the 

understandings reached at the 2012 AG 

Plenary. The preamble also contained 

an error in its description of the 

amendments to ECCN 2B352 that were 

based on the 2012 AG intersessional 

decisions. In addition, that final rule 

contained errors affecting the control 

language in ECCN 2B352, which 

controls specified equipment capable of 

use in handling biological materials. 

This document corrects these errors. 

DATES: This rule is effective July 3, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Sangine, Director, Chemical 

and Biological Controls Division, Office 

of Nonproliferation and Treaty 

Compliance, Bureau of Industry and 

Security, Telephone: (202) 482–3343. 

SUPPLEMENTARY INFORMATION: 

Background 

On June 5, 2013, the final rule 

‘‘Implementation of the Understandings 

Reached at the 2012 Australia Group 

(AG) Plenary Meeting and the 2012 AG 

Intersessional Decisions; Changes to 

Select Agent Controls’’ was published in 

the Federal Register (78 FR 33692). In 

the preamble of that final rule, the 

discussion of the amendments to ECCN 

1C351 erroneously indicated that the 

bacterium ‘‘Coxiella burnetii’’ was 

previously controlled under ECCN 

1C351.c.11 when, in fact, this bacterium 

was previously controlled under ECCN 

1C351.c.10 and is now controlled under 

1C351.c.13, based on the amendments 

contained that final rule. Instead, prior 

to the publication of that final rule, 

ECCN 1C351.c.11 controlled 

‘‘Enterohaemorrhagic Escherichia coli, 

serotype O157 and other verotoxin 

producing serotypes.’’ As a result of the 

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