“The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to implement the understandings reached at the annual plenary meeting of the Australia Group (AG) that was held in Paris, France, from May 31 through June 4, 2010. The AG is a multilateral forum consisting of 40 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.

Consistent with the understandings reached at the 2010 AG Plenary, this final rule amends Export Control Classification Number (ECCN) 2B350 (Chemical manufacturing facilities and equipment) on the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) to reflect the addition of two parenthetical phrases that describe types of ‘materials’ contained in items on the AG ‘Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software.’ Specifically, this rule adds a parenthetical phrase to ECCN 2B350.a .3, .b.3, .c.3, .d.3, .e.3, .g.3, .h.3., and .i.3 to clarify the meaning of the term ‘fluoropolymers’ in connection with the types of ‘materials’ from which certain chemical manufacturing equipment is made. This parenthetical phrase describes ‘fluoropolymers’ as ‘polymeric or elastomeric materials with more than 35% fluorine by weight.’ This rule also adds a parenthetical phrase in ECCN 2B350.i.11 (under the listing for ‘pumps’) to clarify that the ‘material’ ‘ferrosilicon’ refers to ‘high silicon iron alloys.’

In addition to the AG Plenary changes described above, this rule amends ECCN 1C351 (human and zoonotic pathogens and ‘toxins’) and ECCN 1C352 (animal pathogens) on the CCL by updating ECCN 1C351 and clarifying ECCN 1C352 consistent with the controls described in the AG ‘List of Biological Agents for Export Control’ and the AG ‘List of Animal Pathogens for Export Control,’ respectively. Specifically, this rule revises the listing for ‘Chlamydia psittaci’ in ECCN 1C351.c.7 by updating the name of the bacterium to read ‘Chlamydophilapsittaci (formerly known as Chlamydia psittaci).’ This rule also revises the listing for the ‘Lyssa virus’ in ECCN 1C352.a.8 by adding a parenthetical phrase to indicate that the virus is also known as ‘Rabies.’

This rule also makes two clarifications to ECCN 2B350, consistent with the controls described in the AG ‘Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software.’ First, this rule amends the introductory text of ECCN 2B350.g (‘valves’) to clarify that the ECCN controls valves specified therein that are used in the ‘production’ of chemicals, as well as valves that are used in the ‘processing’ or ‘containment’ of chemicals. Second, this rule revises the description of the material ‘Glass or glasslined (including vitrified or enameled coatings)’ in ECCN 2B350.g.4 to read ‘Glass (including vitrified or enameled coating or glass lining)’ to clarify the extent to which valves containing this type of material are controlled under this ECCN.

None of the changes made by this rule alters the scope of the controls in ECCNs 1C351, 1C352, or 2B350.

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 Export Administration Regulations in effect under the International Emergency Economic Powers Act.”

76 FR 22017-19
Published 04-20-2011