13674 Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 

States (See 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). 

Supplement No. 1 to Part 774— 

[Amended] 

■ 2. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1— Special Materials and Related 

Equipment, Chemicals, 

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

1C351 is amended by revising paragraph 

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

Controlled, to read as follows: 

1C351 Human and zoonotic pathogens 

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

Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. Viruses, as follows: 

a.1. Chikungunya virus; 

a.2. Congo-Crimean haemorrhagic 

fever virus (a.k.a. Crimean-Congo 

haemorrhagic fever virus); 

a.3. Dengue fever virus; 

a.4. Eastern equine encephalitis virus; 

a.5. Ebola virus; 

a.6. Hantaan virus; 

a.7. Junin virus; 

a.8. Lassa fever virus; 

a.9. Lymphocytic choriomeningitis 

virus; 

a.10. Machupo virus; 

a.11. Marburg virus; 

a.12. Monkey pox virus; 

a.13. Rift Valley fever virus; 

a.14. Tick-borne encephalitis virus 

(Russian Spring-Summer encephalitis 

virus); 

a.15. Variola virus; 

a.16. Venezuelan equine encephalitis 

virus; 

a.17. Western equine encephalitis 

virus; 

a.18. Yellow fever virus; 

a.19. Japanese encephalitis virus; 

a.20. Kyasanur Forest virus; 

a.21. Louping ill virus; 

a.22. Murray Valley encephalitis 

virus; 

a.23. Omsk haemorrhagic fever virus; 

a.24. Oropouche virus; 

a.25. Powassan virus; 

a.26. Rocio virus; 

a.27. St. Louis encephalitis virus; 

a.28. Hendra virus (Equine 

morbillivirus); 

a.29. South American haemorrhagic 

fever (Sabia, Flexal, Guanarito); 

a.30. Pulmonary and renal syndromehaemorrhagic fever viruses (Seoul, 

Dobrava, Puumala, Sin Nombre); or 

a.31. Nipah virus. 

* * * * * 

■ 3. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

2—Materials Processing, ECCN 2B350 is 

amended by adding a Technical Note 

immediately following paragraph (g) 

under ‘‘Items’’ in the List of Items 

Controlled and by revising Technical 

Note 2 at the end of the entry 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 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

g. * * * 

Technical Note to 2B350.g: The ‘nominal 

size’ is defined as the smaller of the inlet and 

outlet port diameters 

* * * * * 

j. * * * 

Technical Note 1: * * * 

Technical Note 2: For the items listed in 

2B350, the term ‘alloy,’ when not 

accompanied by a specific elemental 

concentration, is understood as identifying 

those alloys where the identified metal is 

present in a higher percentage by weight than 

any other element. 

Dated: March 17, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–6371 Filed 3–22–10; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 0908041218–91220–01] 

RIN 0694–AE58 

Wassenaar Arrangement 2008 Plenary 

Agreements Implementation: 

Categories 1, 2, 3, 4, 5 Parts I and II, 

6, 7, 8 and 9 of the Commerce Control 

List, Definitions, Reports; 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 Friday, 

December 11, 2009, that revised the 

Export Administration Regulations 

(EAR) by amending entries for certain 

items that are controlled for national 

security reasons in Categories 1, 2, 3, 4, 

5 Part I (telecommunications), 5 Part II 

(information security), 6, 7, 8, and 9; 

adding new entries to the Commerce 

Control List, revising reporting 

requirements, and adding and amending 

EAR Definitions. That final rule 

contained errors that affected Export 

Control Classification Numbers 1A004 

and 5A001. This document corrects 

these errors. 

DATES: Effective Date: This rule is 

effective March 23, 2010. 

ADDRESSES: Written comments on this 

rule may be sent to the Federal Register 

eRulemaking Portal: http:// 

www.regulations.gov, or by e-mail to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AE58 in the subject line of 

the message. Comments may be 

submitted by mail or hand delivery to 

Sharron Cook, Office of Exporter 

Services, Regulatory Policy Division, 

Bureau of Industry and Security, U.S. 

Department of Commerce, 14th St., & 

Pennsylvania Avenue, NW., Room 

H2705, Washington, DC 20230, ATTN: 

RIN AE58; or by fax to (202) 482–3355. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 55 / Tuesday, March 23, 2010 / Rules and Regulations 13675 

Send comments regarding the 

collection of information to Jasmeet 

Seehra, Office of Management and 

Budget (OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

14th St. & Pennsylvania Avenue, NW., 

Room H2705, Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce; 

by telephone: (202) 482–2440; or by fax: 

202–482–3355. 

SUPPLEMENTARY INFORMATION: 

Background 

On December 11, 2009, the final rule, 

‘‘Wassenaar Arrangement 2008 Plenary 

Agreements Implementation: Categories 

1, 2, 3, 4, 5 Parts I and II, 6, 7, 8 and 

9 of the Commerce Control List, 

Definitions, Reports’’ was published in 

the Federal Register (74 FR 66000). The 

December 11th rule inadvertently 

removed two technical notes after 

1A004.d. This rule adds these technical 

notes back to 1A004.d. In addition, in 

the LVS paragraph of the License 

Requirement section of ECCN 5A001, 

this rule replaces the phrase ‘‘and .d 

through .h’’ with ‘‘and .d, .f, .g, .h.’’ in 

order to make it clear that only the 

referenced paragraphs are eligible for 

license exception LVS. The phrase ‘‘and 

.d through .h’’ suggested that paragraph 

.e was eligible for LVS and it is not. 

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. 

Rulemaking Requirements 

1. This final rule has been determined 

to be not significant for purposes of E.O. 

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, unless that collection of 

information displays a currently valid 

Office of Management and Budget 

Control Number. This final rule 

involves a collection of information 

subject to the Paperwork Reduction Act 

of 1980 (44 U.S.C. 3501 et seq.). This 

collection has been approved by the 

Office of Management and Budget under 

control number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a 

burden hour estimate of 58 minutes for 

a manual or electronic submission. This 

final rule is expected to have a minimal 

increase on the total number of license 

applications submitted to BIS. Send 

comments regarding these burden 

estimates or any other aspect of these 

collections 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 as indicated in 

the ADDRESSES section of this rule. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 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 (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 

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. 

Although the formal comment period 

closed on June 17, 2008, public 

comments on this regulation are 

welcome on a continuing basis. 

Comments should be submitted to one 

of the addresses listed in the ADDRESSES

section of the preamble of this final rule. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is corrected by making 

the following correcting amendment: 

PART 774—[CORRECTED] 

■ 1. The authority citations for part 774 

continue to read as follows: 

Authority: 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 13, 2009, 74 

FR 41325 (August 14, 2009). 

Supplement No. 1 to Part 774— 

Commerce Control List [CORRECTED] 

■ 2. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 1, 

Export Control Classification Number 

(ECCN) 1A004 is corrected by adding 

two new technical notes to the end of 

paragraph d in the items paragraph of 

the List of Items Controlled section, to 

read as follows: 

1A004 Protective and detection equipment 

and components, not specially designed for 

military use, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

d. * * * 

* * * * * 

Technical Notes: 

1. 1A004 includes equipment and 

components that have been identified, 

successfully tested to national standards or 

otherwise proven effective, for the detection 

of or defense against radioactive materials 

‘‘adapted for use in war’’, biological agents 

‘‘adapted for use in war’’, chemical warfare 

agents, ’simulants’ or ‘‘riot control agents’’, 

even if such equipment or components are 

used in civil industries such as mining, 

quarrying, agriculture, pharmaceuticals, 

medical, veterinary, environmental, waste 

management, or the food industry. 

2. ’Simulant’: A substance or material that 

is used in place of toxic agent (chemical or 

biological) in training, research, testing or 

evaluation. 

* * * * * 

■ 3. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part I, ECCN 5A001 is corrected by 

removing the phrase ‘‘and .d through .h’’ 

and adding in its place ‘‘and .d, .f, .g, .h.’’ 

in the LVS paragraph of the License 

Requirement section. 

Dated: March 17, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–6381 Filed 3–22–10; 8:45 am] 

BILLING CODE 3510–33–P 


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