Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 56099 

(i) The applicant must validate the 

adequacy of the maintenance actions 

required under paragraph (b)(1) above. 

(2) Include in the Airworthiness 

Limitations section, any mandatory 

inspections and serviceability limits 

related to the use of the 30-minute AEO 

rating. 

(c) Section 33.87, Endurance Test. In 

addition to the requirements of 

§§ 33.87(a) and 33.87(d), the overall test 

run must include a minimum of 25 

hours of operation at 30 minute AEO 

power and limits, divided into periods 

of 30 minutes AEO power with alternate 

periods at maximum continuous power 

or less. 

(1) Each § 33.87(d) continuous OEI 

rating test period of 30 minutes or 

longer, run at power and limits equal to 

or higher then the 30 minute AEO 

rating, may be credited toward this 

requirement. Note that the test time 

required for the takeoff or other OEI 

ratings may not be counted toward the 

25 hours of operation required at the 30- 

minute AEO rating. 

Issued in Burlington, Massachusetts, on 

August 31, 2011. 

Peter A. White, 

Manager, Engine and Propeller Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–23189 Filed 9–9–11; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–1325; Airspace 

Docket No. 10–ASO–40] 

Amendment of Class E Airspace; 

Orangeburg, SC 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: This action corrects the 

geographic coordinates and state 

abbreviation of a final rule published in 

the Federal Register of July 25, 2011, 

that amends Class E airspace at 

Orangeburg Municipal Airport, 

Orangeburg, SC. 

DATES: Effective Date 0901 UTC, 

October 20, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Richard Horrocks, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5588. 

SUPPLEMENTARY INFORMATION: 

History 

Federal Register Docket No. FAA– 

2010–1325, Airspace Docket No. 10– 

ASO–40, published in the Federal 

Register of July 25, 2011 (76 FR 44257), 

amends Class E airspace at Orangeburg 

Municipal Airport, Orangeburg, SC. A 

typographical error was made in the 

state abbreviation and geographic 

coordinates of the airport listed in the 

airspace description. This action 

corrects that error. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9U, dated August 18, 2010 

and effective September 15, 2010, which 

is incorporated by reference in 14 CFR 

part 71.1. 

Correction to Final Rule 

Accordingly, pursuant to the 

authority delegated to me, in FR Doc. 

2011–18173 published on July 25, 2011 

(76 FR 44257) on page 44257, column 3, 

line 26, correct the airspace descriptor 

from ‘‘ASO GA E5 Orangeburg, SC 

[Amended]’’ to ‘‘ASO SC E5 

Orangeburg, SC [Amended]’’, and on 

page 44257, column 3, line 28, in the 

airspace description under Orangeburg 

Municipal Airport, SC, remove ‘‘lat. 

33°27′39′′ N., long. 80°51′32′′ W.’’ and 

insert ‘‘lat. 33°27′25′′ N., long. 80°51′34′′ 

W.’’ 

Issued in College Park, Georgia, on August 

19, 2011. 

Mark D. Ward, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2011–23188 Filed 9–9–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742 and 774 

[Docket No. 110222155–1110–01] 

RIN 0694–AF14 

Implementation of a Decision Adopted 

Under the Australia Group (AG) 

Intersessional Silent Approval 

Procedures in 2010 and Related 

Editorial Amendments 

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 a 

decision based on a proposal that was 

discussed at the 2010 Australia Group 

(AG) Plenary and adopted under the AG 

intersessional silent approval 

procedures in November 2010. 

Specifically, this rule amends the 

Commerce Control List (CCL) entry in 

the EAR that controls human and 

zoonotic pathogens and ‘‘toxins,’’ 

consistent with the intersessional 

changes to the AG’s ‘‘List of Biological 

Agents for Export Control.’’ First, this 

rule clarifies the scope of the AG-related 

controls in the EAR that apply to ‘‘South 

American haemorrhagic fever (Sabia, 

Flexal, Guanarito)’’ and ‘‘Pulmonary 

and renal syndrome-haemorrhagic fever 

viruses (Seoul, Dobrava, Puumala, Sin 

Nombre)’’ by revising the list of viruses 

in this CCL entry to remove these two 

fevers and replace them with ten viral 

causative agents for the fevers. These 

changes are intended to more clearly 

identify the causative agents that are of 

concern for purposes of the controls 

maintained by the AG. Second, this rule 

alphabetizes and renumbers the list of 

viruses in this CCL entry, consistent 

with the 2010 intersessional changes to 

the AG control list. Finally, this rule 

makes an editorial change to the CCL 

entry that controls human and zoonotic 

pathogens and ‘‘toxins.’’ To assist 

exporters to more easily identify the 

bacteria and ‘‘toxins’’ that are controlled 

under this CCL entry, this rule 

alphabetizes and renumbers the lists of 

bacteria and ‘‘toxins’’ in the entry. 

DATES: This rule is effective September 

12, 2011. 

ADDRESSES: 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. 

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 a decision that was adopted 

under the Australia Group (AG) 

intersessional silent approval 

procedures in November 2010. The AG 

is a multilateral forum consisting of 40 

participating countries that maintain 


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56100 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 

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. 

The November 2010 intersessional 

decision revised the AG ‘‘List of 

Biological Agents for Export Control’’ to 

clarify the scope of the AG controls that 

apply to certain viruses connected with 

the phenotypes or medical conditions 

known as ‘‘South American 

haemorrhagic fever’’ and ‘‘Pulmonary 

and renal syndrome-haemorrhagic fever 

viruses.’’ The purpose of these changes 

was to address a concern by the AG that 

the listings for ‘‘South American 

haemorrhagic fever (Sabia, Flexal, 

Guanarito)’’ and ‘‘Pulmonary and renal 

syndrome-haemorrhagic fever viruses 

(Seoul, Dobrova, Puumala, Sin 

Nombre)’’ could be misinterpreted (e.g., 

by assuming that the causative agents 

identified in the parentheses 

represented an exhaustive listing of 

such viruses). In addition, both of these 

AG listings referred to phenotypes or 

medical conditions known to be caused 

by several distinct species of viruses, 

some (but not all) of which were 

identified in parentheses for each 

listing. 

To address this concern, the 

November 2010 AG intersessional 

decision removed ‘‘South American 

haemorrhagic fever’’ and ‘‘Pulmonary 

and renal syndrome-haemorrhagic fever 

viruses’’ from the List of Biological 

Agents and replaced them with ten viral 

causative agents for the fevers. Five of 

these causative agents (i.e., ‘‘DobravaBelgrade virus,’’ ‘‘Guanarito virus,’’ 

‘‘Sabia virus,’’ ‘‘Seoul virus,’’ and ‘‘Sin 

nombre virus’’) were previously 

identified in parentheses under the 

listings for the two fevers, while the 

other five causative agents (i.e., ‘‘Andes 

virus,’’ ‘‘Chapare virus,’’ ‘‘Choclo 

virus,’’ ‘‘Laguna Negra virus,’’ and ‘‘Lujo 

virus’’) were not previously identified 

on the AG List. Two other causative 

agents (i.e., ‘‘Flexal virus’’ and 

‘‘Puumala virus’’) that were previously 

identified in parentheses under the 

listings for the two fevers were removed 

from the AG List. This rule amends 

Export Control Classification Number 

(ECCN) 1C351 on the Commerce Control 

List (CCL) (Supplement No. 1 to part 

774 of the EAR) by revising the list of 

viruses contained in 1C351.a to reflect 

these changes to the AG List of 

Biological Agents. 

Consistent with the changes to ECCN 

1C351 described above, this rule 

alphabetizes and renumbers the list of 

viruses in ECCN 1C351.a to conform 

with the format in the AG List of 

Biological Agents. In addition, for the 

convenience of exporters attempting to 

determine the control status of certain 

pathogens and toxins, this rule 

alphabetizes and renumbers the lists of 

bacteria and toxins contained in ECCN 

1C351.c and .d, respectively. Consistent 

with this reordering, this rule revises 

references to certain agents identified in 

the ‘‘CW Controls’’ paragraph of this 

ECCN, in the ‘‘License Requirements 

Notes’’ under the License Requirements 

section of this ECCN, and/or in the 

‘‘Related Controls’’ paragraph under the 

List of Items Controlled section of this 

ECCN. 

Although this rule removes ‘‘Flexal 

virus’’ from ECCN 1C351, consistent 

with the AG intersessional changes to 

the AG List of Biological Agents as 

described above, this virus continues to 

be listed on the CCL. Specifically, this 

rule adds ‘‘Flexal virus’’ to ECCN 1C360 

(Select agents not controlled under 

ECCN 1C351, 1C352, or 1C354), because 

the virus is included in the list of select 

agents and toxins maintained by the 

Centers for Disease Control and 

Prevention (CDC), U.S. Department of 

Health and Human Services, in 42 CFR 

73.3(b). 

This rule also amends ECCNs 1C351 

and 1C352 by revising the ‘‘Related 

Controls’’ paragraph under the List of 

Items Controlled for each ECCN to 

correct the references to the regulations 

maintained by CDC and the Animal and 

Plant Health Inspection Service 

(APHIS), U.S. Department of 

Agriculture, that apply to certain select 

agents and toxins. 

Finally, this rule amends Section 

740.20 (License Exception STA), 

Section 742.18 (license requirements 

and policies related to the Chemical 

Weapons Convention), and the List of 

Items Controlled section in ECCN 1C991 

(Vaccines, immunotoxins, medical 

products, and diagnostic and food 

testing kits) to update the references to 

certain items controlled under ECCN 

1C351 that were alphabetized and 

renumbered, as described above. 

Section 740.20 also is amended to 

include in paragraph (b)(2)(vi) certain 

toxins controlled by ECCN 1C351.d that 

were inadvertently omitted by the 

License Exception STA rule that BIS 

published on June 16, 2011 (76 FR 

35276). The toxins identified in Section 

740.20(b)(2)(vi) may be exported under 

License Exception STA to countries 

listed in Section 740.20(c)(1), provided 

that such exports conform with the 

limits specified in Section 

740.20(b)(2)(vi)(A) and (b)(2)(vi)(B). 

None of the changes made by this rule 

increase the scope of the controls in 

ECCNs 1C351 and 1C991 (i.e., the items 

that are controlled under these ECCNs 

remain the same, although certain items 

are now specifically identified under 

separate listings in 1C351.a). As noted 

above, ‘‘Flexal virus,’’ which was 

previously controlled under ECCN 

1C351.a, is now controlled as a ‘‘select 

agent’’ under ECCN 1C360.a; however, 

the license requirements for this virus 

remain unchanged. 

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 12, 2010, 75 FR 50681 

(August 16, 2010), has continued the 

EAR in effect under the International 

Emergency Economic Powers Act. 

Saving Clause 

Shipments of items removed from 

eligibility for export or reexport under a 

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 

October 12, 2011, 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 October 

27, 2011. Any such items not actually 

exported or reexported before midnight, 

on October 27, 2011, 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 October 27, 2011. 

Beginning at midnight on October 27, 

2011, 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. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 56101 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been determined to be not 

significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

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 40 member countries that 

act on a consensus basis and the 

amendments set forth in this rule 

implement a decision adopted under the 

AG intersessional silent approval 

procedures in November 2010 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 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Foreign trade. 

15 CFR Part 774 

Exports, Foreign trade, Reporting and 

recordkeeping requirements. 

Accordingly, parts 740, 742 and 774 

of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—[AMENDED] 

■ 1. 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 12, 2010, 75 

FR 50681 (August 16, 2010). 

■ 2. Section 740.20 is amended by 

revising paragraph (b)(2)(v) and 

paragraph (b)(2)(vi) introductory text, as 

follows: 

§ 740.20 License Exception Strategic 

Trade Authorization (STA). 

* * * * * 

(b) * * * 

(2) * * * 

(v) License Exception STA may not be 

used for any item controlled by ECCN 

1C351.a, .b, .c, d.11, .d.12 or .e, ECCNs 

1C352, 1C353, 1C354, 1C360, 1E001 

(i.e., for technology, as specified in 

ECCN 1E001, for items controlled by 

ECCN 1C351.a, .b, .c, .d.11, .d.12 or .e 

or ECCNs 1C352, 1C353, 1C354 or 

1C360) or ECCN 1E351. 

(vi) Toxins controlled by ECCN 

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

1C351.d.13 through 1C351.d.19 are 

authorized under License Exception 

STA to destinations indicated in 

paragraph (c)(1) of this section, subject 

to the following limits. For purposes of 

this paragraph, all such toxins that are 

sent from one exporter, reexporter or 

transferor to a single end-user, on the 

same day, constitute one shipment. 

* * * * * 

PART 742—[AMENDED] 

■ 3. The authority citation for 15 CFR 

part 742 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. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 12, 2010, 75 FR 

50681 (August 16, 2010); Notice of November 

4, 2010, 75 FR 68673 (November 8, 2010). 

■ 4. Section 742.18 is amended by 

revising paragraph (a)(1), paragraph 

(b)(1)(i) introductory text, and 

paragraphs (b)(1)(ii) and (b)(1)(iii), as 

follows: 

§ 742.18 Chemical Weapons Convention 

(CWC or Convention). 

* * * * * 

(a) * * * 

(1) Schedule 1 chemicals and 

mixtures controlled under ECCN 1C351. 

A license is required for CW reasons to 

export or reexport Schedule 1 chemicals 

controlled under ECCN 1C351.d.11 or 

d.12 to all destinations including 

Canada. CW applies to 1C351.d.11 for 

ricin in the form of Ricinus Communis 

AgglutininII (RCAII), which is also 

known as ricin D or Ricinus Communis 

LectinIII (RCLIII), and Ricinus Communis 

LectinIV (RCLIV), which is also known as 

ricin E. CW applies to 1C351.d.12 for 

saxitoxin identified by C.A.S. #35523– 

89–8. (Note that the advance 

notification procedures and annual 

reporting requirements described in 


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56102 Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 

§ 745.1 of the EAR also apply to exports 

of Schedule 1 chemicals.) 

* * * * * 

(b) * * * 

(1) * * * 

(i) Exports to States Parties to the 

CWC. Applications to export Schedule 1 

Chemicals controlled under ECCN 

1C351.d.11 or .d.12 to States Parties to 

the CWC (destinations listed in 

Supplement No. 2 to part 745 of the 

EAR) generally will be denied, unless 

all of the following conditions are met: 

* * * * * 

(ii) Exports to States not party to the 

CWC. Applications to export Schedule 1 

chemicals controlled under ECCN 

1C351.d.11 or .d.12 to States not Party 

to the CWC (destinations not listed in 

Supplement No. 2 to part 745 of the 

EAR) generally will be denied, 

consistent with U.S. obligations under 

the CWC to prohibit exports of these 

chemicals to States not Party to the 

CWC. 

(iii) Reexports. Applications to 

reexport Schedule 1 chemicals 

controlled under ECCN 1C351.d.11 or 

.d.12 generally will be denied to all 

destinations (including both States 

Parties to the CWC and States not Party 

to the CWC). 

* * * * * 

PART 774—[AMENDED] 

■ 5. 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 12, 2010, 75 

FR 50681 (August 16, 2010). 

■ 6. 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 by revising the 

License Requirements section and the 

‘‘Related Controls’’ and ‘‘Items’’ 

paragraphs in the List of Items 

Controlled section, to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C351 Human and zoonotic pathogens and 

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

Controlled). 

License Requirements 

Reason for Control: CB, CW, AT 

Control(s) Country chart 

CB applies to entire entry .. CB Column 1. 

CW applies to 1C351.d.11 and d.12 and a 

license is required for CW reasons for all 

destinations, including Canada, as follows: 

CW applies to 1C351.d.11 for ricin in the 

form of (1) Ricinus Communis AgglutininII

(RCAII), also known as ricin D or Ricinus 

Communis LectinIII (RCLIII) and (2) Ricinus 

Communis LectinIV (RCLIV), also known as 

ricin E. CW applies to 1C351.d.12 for 

saxitoxin identified by C.A.S. #35523–89–8. 

See § 742.18 of the EAR for licensing 

information pertaining to chemicals subject 

to restriction pursuant to the Chemical 

Weapons Convention (CWC). The Commerce 

Country Chart is not designed to determine 

licensing requirements for items controlled 

for CW reasons. 

Control(s) Country chart 

AT applies to entire entry .. AT Column 1. 

License Requirement Notes 

1. All vaccines and ‘‘immunotoxins’’ are 

excluded from the scope of this entry. Certain 

medical products and diagnostic and food 

testing kits that contain biological toxins 

controlled under paragraph (d) of this entry, 

with the exception of toxins controlled for 

CW reasons under d.11 and d.12, are 

excluded from the scope of this entry. 

Vaccines, ‘‘immunotoxins’’, certain medical 

products, and diagnostic and food testing kits 

excluded from the scope of this entry are 

controlled under ECCN 1C991. 

2. For the purposes of this entry, only 

saxitoxin is controlled under paragraph d.12; 

other members of the paralytic shellfish 

poison family (e.g. neosaxitoxin) are 

designated EAR99. 

3. Clostridium perfringens strains, other 

than the epsilon toxin-producing strains of 

Clostridium perfringens described in c.9, are 

excluded from the scope of this entry, since 

they may be used as positive control cultures 

for food testing and quality control. 

License Exceptions 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: (1) Certain forms of ricin 

and saxitoxin in 1C351.d.11. and d.12 are 

CWC Schedule 1 chemicals (see § 742.18 of 

the EAR). The U.S. Government must 

provide advance notification and annual 

reports to the OPCW of all exports of 

Schedule 1 chemicals. See § 745.1 of the 

EAR for notification procedures. See 22 

CFR part 121, Category XIV and § 121.7 for 

additional CWC Schedule 1 chemicals 

controlled by the Department of State. (2) 

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, 

maintain controls on the possession, use, 

and transfer within the United States of 

certain items controlled by this ECCN (for 

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

and 9 CFR 121.4(b); for CDC, see 42 CFR 

73.3(b) and 42 CFR 73.4(b)). 

Related Definitions: * * * 

Items: 

a. Viruses, as follows: 

a.1. Andes virus; 

a.2. Chapare virus; 

a.3. Chikungunya virus; 

a.4. Choclo virus; 

a.5. Congo-Crimean haemorrhagic fever 

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

fever virus); 

a.6. Dengue fever virus; 

a.7. Dobrava-Belgrade virus; 

a.8. Eastern equine encephalitis virus; 

a.9. Ebola virus; 

a.10. Guanarito virus; 

a.11. Hantaan virus; 

a.12. Hendra virus (Equine morbillivirus); 

a.13. Japanese encephalitis virus; 

a.14. Junin virus; 

a.15. Kyasanur Forest virus; 

a.16. Laguna Negra virus; 

a.17. Lassa fever virus; 

a.18. Louping ill virus; 

a.19. Lujo virus; 

a.20. Lymphocytic choriomeningitis virus; 

a.21. Machupo virus; 

a.22. Marburg virus; 

a.23. Monkey pox virus; 

a.24. Murray Valley encephalitis virus; 

a.25. Nipah virus; 

a.26. Omsk haemorrhagic fever virus; 

a.27. Oropouche virus; 

a.28. Powassan virus; 

a.29. Rift Valley fever virus; 

a.30. Rocio virus; 

a.31. Sabia virus; 

a.32. Seoul virus; 

a.33. Sin nombre virus; 

a.34. St. Louis encephalitis virus; 

a.35. Tick-borne encephalitis virus 

(Russian Spring-Summer encephalitis virus); 

a.36. Variola virus; 

a.37. Venezuelan equine encephalitis virus; 

a.38. Western equine encephalitis virus; or 

a.39. Yellow fever virus. 

b. Rickettsiae, as follows: 

b.1. Bartonella quintana (Rochalimea 

quintana, Rickettsia quintana); 

b.2. Coxiella burnetii; 

b.3. Rickettsia prowasecki (a.k.a. Rickettsia 

prowazekii); or 

b.4. Rickettsia rickettsii. 

c. Bacteria, as follows: 

c.1. Bacillus anthracis; 

c.2. Brucella abortus; 

c.3. Brucella melitensis; 

c.4. Brucella suis; 

c.5. Burkholderia mallei (Pseudomonas 

mallei); 

c.6. Burkholderia pseudomallei 

(Pseudomonas pseudomallei); 

c.7. Chlamydophila psittaci (formerly 

known as Chlamydia psittaci); 

c.8. Clostridium botulinum; 

c.9. Clostridium perfringens, epsilon toxin 

producing types; 

c.10. Enterohaemorrhagic Escherichia coli, 

serotype O157 and other verotoxin producing 

serotypes; 

c.11. Francisella tularensis; 

c.12. Salmonella typhi; 

c.13. Shigella dysenteriae; 

c.14. Vibrio cholerae; or 

c.15. Yersinia pestis. 

d. ‘‘Toxins’’, as follows, and ‘‘subunits’’ 

thereof: 


emcdonald on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 76, No. 176 / Monday, September 12, 2011 / Rules and Regulations 56103 

1See Dodd-Frank Wall Street Reform and 

Consumer Protection Act, Pub. L. No. 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed through the Commission’s Web 

site at http://www.cftc.gov/. 

2Pursuant to Section 701 of the Dodd-Frank Act, 

Title VII may be cited as the ‘‘Wall Street 

Transparency and Accountability Act of 2010.’’ 

3 7 U.S.C. 1 et seq. (2006). The CEA also can be 

accessed through the Commission’s Web site. 

d.1. Abrin; 

d.2. Aflatoxins; 

d.3. Botulinum toxins; 

d.4. Cholera toxin; 

d.5. Clostridium perfringens toxins; 

d.6. Conotoxin; 

d.7. Diacetoxyscirpenol toxin; 

d.8. HT–2 toxin; 

d.9. Microcystin (Cyanginosin); 

d.10. Modeccin toxin; 

d.11. Ricin; 

d.12. Saxitoxin; 

d.13. Shiga toxin; 

d.14. Staphylococcus aureus toxins; 

d.15. T–2 toxin; 

d.16. Tetrodotoxin; 

d.17. Verotoxin and other Shiga-like 

ribosome inactivating proteins; 

d.18. Viscum Album Lectin 1 (Viscumin); 

or 

d.19. Volkensin toxin. 

e. ‘‘Fungi’’, as follows: 

e.1. Coccidioides immitis; or 

e.2. Coccidioides posadasii. 

■ 7. 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 the 

‘‘Related Controls’’ paragraph in the List 

of Items Controlled section, to read as 

follows: 

1C352 Animal pathogens, as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: 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, maintain controls on the 

possession, use, and transfer within the 

United States of certain items controlled by 

this ECCN (for APHIS, see 7 CFR 331.3(b), 

9 CFR 121.3(b), and 9 CFR 121.4(b); for 

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

73.4(b)). 

Related Definitions: * * * 

Items: 

* * * * * 

■ 8. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1C360 is amended by revising paragraph 

(a) in the ‘‘Items’’ paragraph in the List 

of Items Controlled to read as follows: 

1C360 Select agents not controlled under 

ECCN 1C351, 1C352, or 1C354. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

Note: * * * 

a. Human and zoonotic pathogens, as 

follows: 

a.1. Viruses, as follows: 

a.1.a. Central European tick-borne 

encephalitis viruses, as follows: 

a.1.a.1. Absettarov; 

a.1.a.2. Hanzalova; 

a.1.a.3. Hypr; 

a.1.a.4. Kumlinge; 

a.1.b. Cercopithecine herpesvirus 1 (Herpes 

B virus); 

a.1.c. Flexal virus; 

a.1.d. Reconstructed replication competent 

forms of the 1918 pandemic influenza virus 

containing any portion of the coding regions 

of all eight gene segments; 

a.2. [RESERVED]; 

* * * * * 

■ 9. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

1C991 is amended by revising the 

‘‘Items’’ paragraph in the List of Items 

Controlled to read as follows: 

1C991 Vaccines, immunotoxins, medical 

products, diagnostic and food testing 

kits, as follows (see List of Items 

controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. Vaccines against items controlled by 

ECCN 1C351, 1C352, 1C353, 1C354, or 

1C360; 

b. Immunotoxins containing items 

controlled by 1C351.d; 

c. Medical products containing botulinum 

toxins controlled by ECCN 1C351.d.3 or 

conotoxins controlled by ECCN 1C351.d.6; 

d. Medical products containing items 

controlled by ECCN 1C351.d (except 

botulinum toxins controlled by ECCN 

1C351.d.3, conotoxins controlled by ECCN 

1C351.d.6, and items controlled for CW 

reasons under 1C351.d.11 or .d.12); 

e. Diagnostic and food testing kits 

containing items controlled by ECCN 

1C351.d (except items controlled for CW 

reasons under ECCN 1C351.d.11 or .d.12). 

Dated: August 26, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–22677 Filed 9–9–11; 8:45 am] 

BILLING CODE 3510–33–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 5 

Retail Foreign Exchange Transactions; 

Conforming Changes to Existing 

Regulations in Response to the DoddFrank Wall Street Reform and 

Consumer Protection Act 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rules; interpretation. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission or 

CFTC) is amending its regulations 

governing off-exchange foreign currency 

transactions with members of the retail 

public (i.e., retail forex transactions). 

These amendments (Amendments) are 

necessary to incorporate into Part 5 of 

the Commission’s regulations changes 

made to the Commodity Exchange Act 

(CEA) by the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Dodd-Frank Act). The Commission is 

also issuing certain related technical 

interpretations of various provisions of 

the CEA as amended by the Dodd-Frank 

Act with respect to retail forex 

transactions. 

DATES: Effective September 12, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Christopher W. Cummings, Special 

Counsel, Division of Clearing and 

Intermediary Oversight, or Barbara S. 

Gold, Associate Director, Division of 

Clearing and Intermediary Oversight, 

Commodity Futures Trading 

Commission, 1155 21st Street, NW., 

Washington, DC 20581; telephone 

number: (202) 418–5450; facsimile 

number: (202) 418–5528; and electronic 

mail: ccummings@cftc.gov or 

bgold@cftc.gov, respectively. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 21, 2010, President Obama 

signed the Dodd-Frank Act.1 Title VII of 

the Dodd-Frank Act 2 amended the 

CEA 3 to establish a comprehensive new 

regulatory framework for swaps and 

security-based swaps. The goal of this 

legislation was to reduce risk, increase 

transparency, and promote market 

integrity within the financial system by, 


emcdonald on DSK5VPTVN1PROD with RULES