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A small entity with questions regarding to be used for each maneuver and entry that controls certain human and this document may contact its local procedure. zoonotic pathogens and by FAA official, or the person listed under * * * * * removing dengue fever virus, updating the FOR FURTHER INFORMATION CONTACT the nomenclature of the listing for Issued under authority provided by 49 heading at the beginning of the U.S.C. 106(f) and 44701(a) in Washington, , and consolidating the preamble. To find out more about DC, on December 8, 2016. controls for Shiga and Verotoxin SBREFA on the Internet, visit http:// Michael P. Huerta, (and other Shiga-like ribosome www.faa.gov/regulations_policies/ inactivating proteins) under a single Administrator. rulemaking/sbre_act/. listing. This rule also amends the CCL [FR Doc. 2016–30211 Filed 12–15–16; 8:45 am] entry that controls equipment capable of List of Subjects in 14 CFR Part 121 BILLING CODE 4910–13–P handling biological materials by Air carriers, Aircraft, Airmen, updating the controls on biological Aviation safety. containment facilities and related DEPARTMENT OF COMMERCE The Amendment equipment and the controls on fermenters, consistent with the AG In consideration of the foregoing, the Bureau of Industry and Security Plenary Implementation Meeting Federal Aviation Administration updates to the AG ‘‘Control List of Dual- amends 14 CFR part 121 as follows: 15 CFR Part 774 Use Biological Equipment and Related Technology and Software.’’ PART 121—OPERATING [Docket No. 160922876–6876–01] DATES: This rule is effective December REQUIREMENTS: DOMESTIC, FLAG, RIN 0694–AH14 AND SUPPLEMENTAL OPERATIONS 16, 2016. Implementation of the February 2016 FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 121 Australia Group (AG) Intersessional Richard P. Duncan, Ph.D., Director, continues to read as follows: Decisions and the June 2016 AG Chemical and Biological Controls Authority: 49 U.S.C. 106(f), 106(g), 40103, Plenary Understandings Division, Office of Nonproliferation and 40113, 40119, 41706, 42301 preceding note Treaty Compliance, Bureau of Industry added by Pub. L. 112–95, sec. 412, 126 Stat. AGENCY: Bureau of Industry and and Security, Telephone: (202) 482– 89, 44101, 44701–44702, 44705, 44709– Security, Commerce. 3343, Email: Richard.Duncan@ 44711, 44713, 44716–44717, 44722, 44729, ACTION: Final rule. bis.doc.gov. 44732, 46105; Pub. L. 111–216, 124 Stat. SUPPLEMENTARY INFORMATION: 2348 (49 U.S.C. 44701 note); Pub. L. 112–95, SUMMARY: The Bureau of Industry and The 126 Stat. 62 (49 U.S.C. 44732 note). Security (BIS) publishes this final rule Bureau of Industry and Security (BIS) is amending the Export Administration ■ 2. Amend § 121.441 by revising to amend the Export Administration Regulations (EAR) to implement the paragraphs (f)(1), (f)(2) introductory text, Regulations (EAR) to implement the recommendations presented at the and (f)(2)(ii) to read as follows: recommendations presented at the February 2016 Australia Group (AG) Australia Group (AG) Intersessional § 121.441 Proficiency checks. Intersessional Implementation Meeting, Implementation Meeting held in * * * * * and later adopted pursuant to the AG Brussels, Belgium, on February 2, 2016, (f) * * * silent approval procedure, and the and adopted pursuant to the AG silent (1) The Administrator may authorize understandings reached at the June 2016 approval procedure in April 2016, and a deviation from the proficiency check AG Plenary Implementation Meeting. the understandings reached at the requirements of paragraphs (a), (b)(1), This rule amends two Commerce Implementation Meeting of the 2016 AG and (c) of this section based upon a Control List (CCL) entries to reflect the Plenary held in Paris, France, from June designation of related aircraft in February 2016 Intersessional 6–10, 2016. The AG is a multilateral accordance with § 121.418(b) of this part Implementation Meeting forum consisting of 41 participating and a determination that the certificate recommendations that were adopted by countries that maintain export controls holder can demonstrate an equivalent the AG. Specifically, this rule amends on a list of chemicals, biological agents, level of safety. the CCL entry that controls certain and related equipment and technology (2) A request for deviation from human and zoonotic pathogens and that could be used in a chemical or paragraphs (a), (b)(1), and (c) of this toxins to reflect the AG updates to the biological weapons program. The AG section must be submitted to the nomenclature for certain and periodically reviews items on its control Administrator. The request must toxins identified on the AG ‘‘List of list to enhance the effectiveness of include the following: Human and Animal Pathogens and participating governments’ national controls and to achieve greater * * * * * Toxins for Export Control.’’ In addition, (ii) Based on review of the related this rule amends the CCL entry that harmonization among these controls. aircraft, the operation, and the duty controls equipment capable of handling Amendments to the CCL Based on the position: biological materials to reflect the AG February 2016 AG Intersessional (A) For recurrent proficiency checks, updates to the controls on cross Recommendations the frequency of the related aircraft (tangential) flow filtration equipment proficiency check, the maneuvers and described on the AG ‘‘Control List of ECCN 1C351 (Human and Animal procedures to be included in the related Dual-Use Biological Equipment and Pathogens and ‘‘toxins’’) aircraft proficiency check, and the level Related Technology and Software.’’ This final rule amends Export Control of FSTD to be used for each maneuver Consistent with the understandings Classification Number (ECCN) 1C351 on and procedure. adopted at the June 2016 AG Plenary the CCL to update the nomenclature for (B) For qualification proficiency Implementation Meeting that updated two bacteria and five toxins, consistent checks, the maneuvers and procedures the AG ‘‘List of Human and Animal with the AG Intersessional to be included in the related aircraft Pathogens and Toxins for Export Implementation Meeting updates to the proficiency check and the level of FSTD Control,’’ this rule amends the CCL AG ‘‘List of Human and Animal

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Pathogens and Toxins for Export it was deemed to be redundant (i.e., the control these toxins under ECCN Control.’’ Specifically, this rule updates abbreviated nomenclature, absent the 1C351.d.17 and .d.18, respectively, to the nomenclature for the bacteria word ‘‘toxin,’’ adequately identifies conform with the June 2016 AG Plenary ‘‘Chlamydia pscittaci’’ and ‘‘Salmonella these particular toxins). In addition, this Implementation Meeting change in typhi’’ and the toxin ‘‘Viscum Album rule revises the description for which the Shiga toxin and Verotoxin Lectin 1’’ to reflect current scientific ‘‘Microcystin’’ by making it plural, listings (ECCN 1C351.d.13 and .d.17, usage. This rule also removes the word thereby clarifying that ECCN 1C351.d.9 respectively) were merged into a single ‘‘toxin’’ from the listings for controls all variants of this toxin. listing (ECCN 1C351.d.13). These ‘‘Diacetoxyscirpenol toxin,’’ ‘‘Modeccin Finally, this rule renumbers the listings amendments to ECCN 1C351 are toxin,’’ and ‘‘ toxin,’’ because for ‘‘Viscumin’’ and ‘‘Volkensin’’ to summarized in the following table.

Previous names of AG-controlled bacteria and Current names of AG-controlled bacteria and Previous CCL Current CCL toxins toxins designation designation

Chlamydophila psittaci (formerly known as Chlamydia psittaci (Chlamydophila psittaci) ...... ECCN 1C351.c.7 No Change. Chlamydia psittaci). Salmonella typhi ...... Salmonella enterica subspecies enterica serovar ECCN 1C351.c.18 No Change. Typhi (Salmonella typhi). Diacetoxyscirpenol toxin ...... Diacetoxyscirpenol ...... ECCN 1C351.d.7 No Change. Microcystin (Cyanginosin) ...... Microcystins (Cyanginosins) ...... ECCN 1C351.d.9 No Change. Modeccin toxin ...... Modeccin ...... ECCN 1C351.d.10 No Change. Viscum Album Lectin 1 (Viscumin) ...... Viscumin (Viscum album lectin 1) ...... ECCN 1C351.d.18 ECCN 1C351.d.17. Volkensin toxin ...... Volkensin ...... ECCN 1C351.d.19 ECCN 1C351.d.18.

The license requirements applicable osmosis equipment (i.e., both 57. Consistent with this renumbering, to the bacteria and toxins affected by hemodialysis equipment and reverse this rule revises the Technical Note to these amendments to ECCN 1C351 osmosis equipment, as specified by the newly redesignated ECCN 1C351.a.40 remain unchanged. Specifically, all of manufacturer, are excluded from control (‘‘reconstructed 1918 influenza virus’’) these items continue to require a license under ECCN 2B252.d.1). to reference the new designation for this for chemical/biological (CB) reasons to All items controlled under ECCN listing. In addition, the listing for ‘‘tick- destinations indicated under CB 2B352 require a license for CB reasons borne encephalitis virus (Siberian Column 1 on the Commerce Country to destinations indicated under CB subtype)’’ in ECCN 1C351.b.3 is Chart and for anti-terrorism (AT) Column 2 on the Commerce Country amended by revising the parenthetical reasons to destinations indicated in AT Chart and for AT reasons to destinations reference therein to ‘‘tick-borne Column 1 on the Commerce Country indicated in AT Column 1 on the encephalitis virus (Far Eastern Chart. Commerce Country Chart. subtype)’’ to reflect the new designation for the latter (i.e., ECCN 1C351.a.52). ECCN 2B352 (Equipment Capable of Amendments to the CCL Based on the This rule also revises the description Use in Handling Biological Materials) June 2016 AG Plenary Understandings for ‘‘Conotoxin’’ by making it plural to This final rule amends ECCN 2B352 ECCN 1C351 (Human and Animal clarify that ECCN 1C351.d.6 controls all on the CCL to reflect changes to the AG Pathogens and ‘‘Toxins’’) variants of this toxin. ‘‘Control List of Dual-Use Biological In addition, the listings for ‘‘Shiga Equipment and Related Technology and This final rule amends ECCN 1C351 toxin’’ and ‘‘Verotoxin’’ which, prior to Software’’ based on the February 2016 on the CCL to remove the listing for the publication of this final rule, were Intersessional Implementation Meeting ‘‘dengue fever virus,’’ revise the listing controlled under ECCN 1C351.d.13 and recommendations that were adopted by for ‘‘Conotoxin,’’ and merge the listings d.17, respectively, are merged into a the AG pursuant to its silent approval for ‘‘Shiga toxin’’ and Verotoxin’’ single listing under ECCN 1C351.d.13 procedure. Specifically, this rule consistent with the AG Plenary that also includes some changes in amends the controls on cross Implementation Meeting updates to the nomenclature to clarify the scope of (tangential) flow filtration equipment AG ‘‘List of Human and Animal these controls. The revised listing reads described in 2B352.d.1 by removing the Pathogens and Toxins for Export as follows: ‘‘Shiga toxins (shiga-like word ‘‘pathogenic’’ from the description Control.’’ toxins, verotoxins, and of this equipment. This change is made The removal of ‘‘dengue fever virus’’ verocytotoxins).’’ because there is no distinction, with from control under ECCN 1C351 is This rule also makes certain respect to either the technical designed to reduce barriers to the export conforming changes to other listings in characteristics or the use of this of clinical samples, materials, and ECCN 1C351 to reflect the merger of the equipment, between pathogenic and ‘‘technology’’ required for vaccine ‘‘Shiga toxin’’ and ‘‘Verotoxin’’ listings non-pathogenic micro-organisms. development, production, and and the related nomenclature changes This rule also amends ECCN 2B352, distribution. To reflect the removal of described above. First, the Note to ECCN consistent with the AG intersessional the ECCN 1C351 controls on ‘‘dengue 1C351.c.19 (Shiga-toxin producing recommendations, by revising the Nota fever virus,’’ which was controlled ) is revised to read: Bene to 2B352.d.1 to clarify that the under ECCN 1C351.a.11 prior to the ‘‘Shiga toxin producing Escherichia coli exclusion from the controls on cross publication of this final rule, this rule (STEC) includes, inter alia, (tangential) flow filtration equipment also makes conforming changes to ECCN enterohaemorrhagic E. coli (EHEC), listed in 2B352.d.1 applies to 1C351.a by renumbering those items verotoxin producing E. coli (VTEC) or hemodialysis equipment, as specified by previously designated as 1C351.a.12 verocytotoxin producing E. coli the manufacturer, as well as reverse through .a.58 as 1C351.a.11 through .a (VTEC).’’ Specifically, this Note is

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revised by adding the ‘‘Verotoxin’’ subject to the controls described in impact on the number of license nomenclature and by replacing the ECCN 2B352.a. applications that will have to be phrase ‘‘also known as’’ with the phrase In addition, this rule amends ECCN submitted for the items controlled under ‘‘inter alia,’’ thereby clarifying that this 2B352.b.1 (fermenters) by removing the this ECCN. Note does not exclude other relevant word ‘‘pathogenic’’ from the description The updates in this rule to the ECCN shiga-toxin producing strains from the of this equipment. This change is made, 2B352.a controls on biological scope of ECCN 1C351.c.19. Second (as because there is no distinction, with containment facilities represent an referenced in the description of the AG respect to either the technical expansion in the number of items that intersessional changes, above), this rule characteristics or the use of this require a license under this ECCN. renumbers the listings for ‘‘Viscumin’’ equipment, between pathogenic and However, the expanded controls apply and ‘‘Volkensin’’ to control these toxins non-pathogenic micro-organisms. As to only a relatively small percentage of under ECCN 1C351.d.17 and .d.18, revised, ECCN 2B352.b.1 reads: these types of items that were not respectively, to reflect the merger of the ‘‘Fermenters capable of cultivation of controlled under ECCN 2B352 prior to Shiga toxin and Verotoxin listings micro-organisms or of live cells for the the publication of this rule (i.e., only (which were previously designated as production of viruses or toxins, without those double-door pass-through ECCN 1C351.d.13 and .d.17, the propagation of aerosols, having a decontamination autoclaves, breathing respectively) into a single listing (ECCN capacity of 20 liters or greater.’’ This air suit decontamination showers, and 1C351.d.13). clarification to ECCN 2B352.b.1 was mechanical-seal or inflatable-seal Except for the dengue fever virus, the adopted by the AG, subsequent to the walkthrough doors that are designed for license requirements applicable to the June 2016 AG Plenary Implementation fixed installation in P3 or P4 biological viruses, bacteria and toxins affected by Meeting, pursuant to their silent containment facilities). Consequently, these amendments to ECCN 1C351 approval procedure. any increase in the number of license All items controlled under ECCN remain unchanged. Specifically, all of applications resulting from this change 2B352 require a license for CB reasons is not expected to be significant, when these items, except the dengue fever to destinations indicated under CB considered as a percentage of these virus, continue to require a license for Column 2 on the Commerce Country types of items. CB reasons to destinations indicated Chart and for AT reasons to destinations The scope of the CCL-based CB under CB Column 1 on the Commerce indicated in AT Column 1 on the controls on equipment capable of use in Country Chart and for AT reasons to Commerce Country Chart. handling biological materials was not destinations indicated in AT Column 1 affected by the clarifications involving Effect of This Rule on the Scope of the on the Commerce Country Chart. The fermenters controlled under ECCN CB Controls in the EAR dengue fever virus is now designated as 2B352.b or cross (tangential) flow EAR99 and, as such, no longer requires The changes made by this rule only filtration equipment controlled under a license for CB or AT reasons. marginally affect the scope of the EAR ECCN 2B352.d. Consequently, none of However, any item that is subject to the controls on human and animal these changes to ECCN 2B352 are EAR, whether or not it is listed on the pathogens/toxins and equipment expected to have a significant impact on CCL, may require a license for reasons capable of use in handling biological the number of license applications that described elsewhere in the EAR (e.g., materials. will have to be submitted for the items the end-user/end-use controls described The scope of the CCL-based CB controlled under this ECCN. in part 744 of the EAR or the embargoes controls on human and animal and other special controls described in pathogens and toxins was not affected Export Administration Act part 746 of the EAR). by the nomenclature changes involving Although the Export Administration the following items in ECCN 1C351: the ECCN 2B352 (Equipment Capable of Act expired on August 20, 2001, the bacteria listed under ECCN 1C351.c.7 Use in Handling Biological Materials) President, through Executive Order (Chlamydia psittaci) or .c.18 13222 of August 17, 2001, 3 CFR, 2001 This final rule also amends ECCN (Salmonella); the toxins listed under Comp., p. 783 (2002), as amended by 2B352 on the CCL to reflect changes to ECCN 1C351.d.6 (), .d.7 Executive Order 13637 of March 8, the AG ‘‘Control List of Dual-Use (Diacetoxyscirpenol), .d.9 2013, 78 FR 16129 (March 13, 2013), Biological Equipment and Related (Microcystins), or .d.10 (Modeccin); and and as extended by the Notice of August Technology and Software’’ based on the the toxins Viscumin and Volkensin 4, 2016 (81 FR 52587 (August 8, 2016)), understandings reached at the June 2016 (renumbered as ECCN 1C351.d.17 and has continued the Export AG Plenary Implementation Meeting. .d.18, respectively). In addition, the Administration Regulations in effect Specifically, this rule amends ECCN merger of the listings for Shiga toxin under the International Emergency 2B352.a by expanding the controls on and Verotoxin (previously controlled Economic Powers Act (50 U.S.C. 1701 et biological containment facilities and under ECCN 1C351.d.13 and .d.17, seq.). BIS continues to carry out the related equipment to include the respectively) under a single listing provisions of the Export Administration following equipment designed for fixed (ECCN 1C351.d.13), and the related Act, as appropriate and to the extent installation in complete containment nomenclature changes involving these permitted by law, pursuant to Executive facilities at the P3 or P4 containment toxins, clarified the controls applicable Order 13222 as amended by Executive level: (1) Double-door pass-through to these toxins, but did not affect the Order 13637. decontamination autoclaves; (2) scope of these controls. Furthermore, breathing air suit decontamination the removal of the dengue fever virus Rulemaking Requirements showers; and (3) mechanical-seal or from ECCN 1C351 is not expected to 1. Executive Orders 13563 and 12866 inflatable-seal walkthrough doors. This significantly reduce the number of direct agencies to assess all costs and change is made in recognition of the fact license applications that will have to be benefits of available regulatory that such equipment could be acquired, submitted for items controlled under alternatives and, if regulation is individually, and subsequently this ECCN. Consequently, none of the necessary, to select regulatory assembled into a functional changes made by this rule to ECCN approaches that maximize net benefits containment facility that would be 1C351 are expected to have a significant (including potential economic,

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environmental, public health and safety act on a consensus basis and the ‘‘Microorganisms’’ and ‘‘Toxins,’’ ECCN effects, distributive impacts, and amendments set forth in this rule 1C351 is amended in the ‘‘Items’’ equity). Executive Order 13563 implement changes made to the AG paragraph under the ‘‘List of Items emphasizes the importance of common control lists (as a result of the Controlled’’ section: quantifying both costs and benefits, of adoption of the recommendations made ■ a. By removing paragraph a.11 and reducing costs, of harmonizing rules, at the February 2016 AG Intersessional redesignating paragraphs a.12 through and of promoting flexibility. This rule Implementation Meeting and the a.58 as paragraphs a.11 through a.57; has been designated a ‘‘significant understandings reached at the June 2016 ■ b. By revising the Technical Note to regulatory action,’’ although not AG Plenary Implementation Meeting) newly designated paragraph a.40; economically significant, under section and other changes that are necessary to ■ c. By revising paragraph b.3; 3(f) of Executive Order 12866. ensure consistency with the controls ■ d. By revising paragraphs c.7 and c.18; Accordingly, the rule has been reviewed maintained by the AG. Because the ■ e. By revising the Note immediately by the Office of Management and United States is a significant exporter of following paragraph c.19; Budget. the items in this rule, immediate ■ f. By revising paragraphs d.6, d.7, d.9, 2. Notwithstanding any other implementation of this provision is d.10 and d.13; provision of law, no person is required necessary for the AG to achieve its ■ g. By removing paragraph d.17 and to respond to, nor shall any person be purpose. Any delay in implementation redesignating paragraphs d.18 and d.19 subject to a penalty for failure to comply will create a disruption in the as paragraphs d.17 and d.18, with, a collection of information subject movement of affected items globally respectively; and to the requirements of the Paperwork because of disharmony between export ■ h. By revising newly designated Reduction Act of 1995 (44 U.S.C. 3501 control measures implemented by AG paragraphs d.17 and d.18. et seq.) (PRA), unless that collection of members, resulting in tension between The revisions read as follows: information displays a currently valid member countries. Export controls work 1C351 Human and animal pathogens and Office of Management and Budget best when all countries implement the ‘‘toxins’’, as follows (see List of Items (OMB) Control Number. This rule same export controls in a timely Controlled). contains a collection of information manner. * * * * * subject to the requirements of the PRA. Further, no other law requires that a This collection has been approved by notice of proposed rulemaking and an List of Items Controlled OMB under Control Number 0694–0088 opportunity for public comment be * * * * * (Multi-Purpose Application), which given for this final rule. Because a Items: carries a burden hour estimate of 58 notice of proposed rulemaking and an a. * * * minutes to prepare and submit form opportunity for public comment are not a.11. Dobrava-Belgrade virus; BIS–748. Send comments regarding this required to be given for this rule under a.12. Eastern equine encephalitis virus; burden estimate or any other aspect of the Administrative Procedure Act or by a.13. Ebolavirus (includes all members of this collection of information, including any other law, the analytical the Ebolavirus genus); suggestions for reducing the burden, to a.14. Foot-and-mouth disease virus; requirements of the Regulatory a.15. Goatpox virus; Jasmeet Seehra, Office of Management Flexibility Act (5 U.S.C. 601 et seq.) are _ _ a.16. Guanarito virus; and Budget, by email to Jasmeet K. not applicable. Therefore, this a.17. Hantaan virus; [email protected] or by fax to (202) regulation is issued in final form. a.18. Hendra virus (Equine morbillivirus); 395–7285; and to the Regulatory Policy a.19. Japanese encephalitis virus; Division, Bureau of Industry and List of Subjects in 15 CFR Part 774 a.20. Junin virus; Security, Department of Commerce, Exports, Reporting and recordkeeping a.21. Kyasanur Forest disease virus; 14th Street & Pennsylvania Avenue requirements. a.22. Laguna Negra virus; NW., Room 2705, Washington, DC For the reasons stated in the a.23. Lassa virus; 20230 or by email to [email protected]. preamble, part 774 of the Export a.24. Louping ill virus; a.25. Lujo virus; 3. This rule does not contain policies Administration Regulations (15 CFR with Federalism implications as that a.26. Lumpy skin disease virus; parts 730–774) is amended as follows: a.27. Lymphocytic choriomeningitis virus; term is defined in Executive Order a.28. Machupo virus; 13132. PART 774—[AMENDED] a.29. Marburgvirus (includes all members 4. The provisions of the ■ of the Marburgvirus genus); Administrative Procedure Act (5 U.S.C. 1. The authority citation for 15 CFR a.30. Monkeypox virus; 553) requiring notice of proposed part 774 continues to read as follows: a.31. Murray Valley encephalitis virus; rulemaking, the opportunity for public Authority: 50 U.S.C. 4601 et seq.; 50 a.32. Newcastle disease virus; participation, and a delay in effective U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. a.33. Nipah virus; date, are inapplicable because this 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et a.34. Omsk hemorrhagic fever virus; regulation involves a military and seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); a.35. Oropouche virus; foreign affairs function of the United 42 U.S.C. 2139a; 43 U.S.C. 1354; 15 U.S.C. a.36. Peste-des-petits ruminants virus; States (see 5 U.S.C. 553(a)(1)). 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; a.37. Porcine Teschovirus; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 a.38. Powassan virus; Immediate implementation of these CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR a.39. Rabies virus and all other members of amendments is non-discretionary and 44025, 3 CFR, 2001 Comp., p. 783; Notice of the Lyssavirus genus; fulfills the United States’ international August 4, 2016, 81 FR 52587 (August 8, a.40. Reconstructed 1918 influenza virus; obligation to the Australia Group (AG). 2016). Technical Note: 1C351.a.40 includes The AG contributes to international Supplement No. 1 to Part 774— reconstructed replication competent forms of security and regional stability through [Amended] the 1918 pandemic influenza virus the harmonization of export controls containing any portion of the coding regions and seeks to ensure that exports do not ■ 2. In Supplement No. 1 to Part 774 of all eight gene segments. contribute to the development of (the Commerce Control List), Category a.41. Rift Valley fever virus; chemical and biological weapons. The 1—Special Materials and Related a.42. Rinderpest virus; AG consists of 41 member countries that Equipment, Chemicals, a.43. Rocio virus;

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a.44. Sabia virus; a.1. Complete containment facilities at P3 Operations, Social Security a.45. Seoul virus; or P4 containment level. Administration, 5107 Leesburg Pike, a.46. Severe acute respiratory syndrome- Technical Note: P3 or P4 (BL3, BL4, L3, Falls Church, VA 22041, (703) 605– related coronavirus (SARS-related L4) containment levels are as specified in the 7100. For information on eligibility or coronavirus); WHO Laboratory Biosafety Manual (3rd filing for benefits, call our national toll- a.47. Sheeppox virus; edition, Geneva, 2004). a.48. Sin Nombre virus; free number, 1–800–772–1213 or TTY a.2. Equipment designed for fixed a.49. St. Louis encephalitis virus; 1–800–325–0778, or visit our Internet installation in containment facilities site, Social Security Online, at http:// a.50. Suid herpesvirus 1 (Pseudorabies specified in paragraph a.1 of this ECCN, as virus; Aujeszky’s disease); follows: www.socialsecurity.gov. a.51. Swine vesicular disease virus; a.2.a. Double-door pass-through SUPPLEMENTARY INFORMATION a.52. Tick-borne encephalitis virus (Far decontamination autoclaves; Eastern subtype, formerly known as Russian a.2.b. Breathing air suit decontamination Background Spring-Summer encephalitis virus—see showers; 1C351.b.3 for Siberian subtype); We are revising and making final the a.2.c. Mechanical-seal or inflatable-seal rules for creating nationally uniform a.53. Variola virus; walkthrough doors. a.54. Venezuelan equine encephalitis virus; b. * * * hearing and Appeals Council a.55. Vesicular stomatitis virus; b.1. Fermenters capable of cultivation of procedures, which we proposed in a a.56. Western equine encephalitis virus; or micro-organisms or of live cells for the notice of proposed rulemaking (NPRM) a.57. Yellow fever virus. production of viruses or toxins, without the published in the Federal Register on b. * * * propagation of aerosols, having a capacity of July 12, 2016 (81 FR 45079). In the b.3. Tick-borne encephalitis virus (Siberian 20 liters or greater. preamble to the NPRM, we discussed subtype, formerly West Siberian virus—see * * * * * the changes we proposed from our 1C351.a.52 for Far Eastern subtype). d. * * * current rules and our reasons for c. * * * d.1. Cross (tangential) flow filtration c.7. Chlamydia psittaci (Chlamydophila proposing those changes. In the NPRM, equipment capable of separation of we proposed revisions to: (1) The time psittaci); microorganisms, viruses, toxins or * * * * * cultures having all of the following frame for notifying claimants of a c.18. Salmonella enterica subspecies characteristics: hearing date; (2) the information in our enterica serovar Typhi (Salmonella typhi); * * * * * hearing notices; (3) the period when we c.19. * * * N.B.: 2B352.d.1 does not control reverse require claimants to inform us about or Note: Shiga toxin producing Escherichia osmosis and hemodialysis equipment, as submit written evidence, written coli (STEC) includes, inter alia, specified by the manufacturer. statements, objections to the issues, and enterohaemorrhagic E. coli (EHEC), verotoxin subpoena requests; (4) what constitutes * * * * * producing E. coli (VTEC) or verocytotoxin the official record; and (5) the manner producing E. coli (VTEC). Dated: December 7, 2016. in which the Appeals Council would * * * * * Kevin J. Wolf, consider additional evidence. d. * * * Assistant Secretary for Export As we explained in the preamble to d.6. Conotoxins; Administration. our NPRM, we proposed these changes d.7. Diacetoxyscirpenol; [FR Doc. 2016–30099 Filed 12–15–16; 8:45 am] d.8. * * * to ensure national consistency in our d.9. Microcystins (Cyanginosins); BILLING CODE 3510–33–P policy and procedures and improve d.10. Modeccin; accuracy and efficiency in our * * * * * administrative review process. We d.13. Shiga toxins (shiga-like toxins, SOCIAL SECURITY ADMINISTRATION expect this final rule will positively verotoxins, and verocytotoxins); affect our ability to manage our 20 CFR Parts 404, 405 and 416 * * * * * workloads and lead to better public d.17. Viscumin (Viscum album lectin 1); or [Docket No. SSA–2014–0052] service. Interested readers may refer to d.18. Volkensin. the preamble to the NPRM, available at RIN 0960–AH71 * * * * * http://www.regulations.gov under Ensuring Program Uniformity at the docket number SSA–2014–0052. ■ 3. In Supplement No. 1 to Part 774 Hearing and Appeals Council Levels of What changes are we making from the (the Commerce Control List), Category the Administrative Review Process NPRM? 2—Materials Processing, ECCN 2B352 is amended in the ‘‘Items’’ paragraph, AGENCY: Social Security Administration. We are making several changes in this under the List of Items Controlled ACTION: Final rule. final rule from the NPRM based on some section, by revising paragraph a, by of the public comments we received. We SUMMARY: We are revising our rules so revising paragraph b.1, by revising the briefly outline those changes here and that more of our procedures at the introductory text of paragraph d.1, and provide additional detail on the changes hearing and Appeals Council levels of by revising the nota bene to paragraph in the comment and response section our administrative review process are d.1, to read as follows: that follows. We are also making minor consistent nationwide. We anticipate editorial changes throughout this final 2B352 Equipment capable of use in that these nationally consistent rule. For the reader’s ease of review, we handling biological materials, as follows procedures will enable us to administer refer to the general requirement that all (see List of Items Controlled). our disability programs more efficiently evidence, objections, or written * * * * * and better serve the public. statements be submitted at least 5 List of Items Controlled DATES: This final rule will be effective business days before the date of the Related Controls: *** on January 17, 2017. However, hearing as the ‘‘5-day requirement.’’ We Related Definition: *** compliance is not required until May 1, adopted the following changes from our Items: 2017. NPRM in this final rule: a. Containment facilities and related FOR FURTHER INFORMATION CONTACT: • We lengthened the time frame for equipment, as follows: Patrick McGuire, Office of Appellate notifying claimants of a hearing date in

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