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Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations
controlled virus. Consequently, this vaccine previously required a license to all destinations. Effective with the publication of this final rule, this vaccine is now controlled under ECCN
1C991 and requires a license only to designated countries of concern for AT
reasons.
Saving Clause Shipments of items removed from eligibility for export, reexport or transfer in-country 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 January 7, 2021, pursuant to actual orders for export, reexport or transfer in-country 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, reexported or transferred incountry before March 8, 2021. Any such items not actually exported, reexported or transferred in-country before midnight, on March 8, 2021, 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 March 8, 2021. Beginning at midnight on March 8, 2021, 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.

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Export Control Reform Act of 2018
The Export Control Reform Act of 2018 ECRA, as amended, codified at 50 U.S.C. 48014852, serves as the authority under which BIS issues this rule.
Rulemaking Requirements 1. Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is 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
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quantifying both costs and benefits and of reducing costs, harmonizing rules, and promoting flexibility. This rule has been designated a significant regulatory action, although not economically significant, under section 3f of Executive Order 12866.
Accordingly, the rule has been reviewed by the Office of Management and Budget.
The cost-benefit analysis required pursuant to Executive Orders 13563 and 12866, as described below, indicates that this rule is intended to improve national security as its primary direct benefit and that this benefit significantly outweighs the costs of this rule.
Specifically, implementation, in a timely manner, of the Australia Group AG agreements described herein will enhance the national security of the United States by reducing the risk that international trade involving dual-use chemical and biological items would contribute to the proliferation of chemical and biological weapons of mass destruction. The principal objective of AG participating countries is to use licensing measures to ensure that exports of certain chemicals, biological agents, and dual-use chemical and biological manufacturing facilities and equipment, do not contribute to the proliferation of chemical and biological weapons of mass destruction, which has been identified as a threat to domestic and international peace and security.
The AG achieves this objective by harmonizing participating countries national export licensing measures.
These controls are essential, given that the international chemical and biotechnology industries are a target for proliferators as a source of materials for chemical and biological weapons programs.
In calculating what costs if any will be imposed by this rule, BIS estimates that 10 fewer license applications will need to be submitted to BIS, annually, as a result of the implementation of the amendments described in this rule see Rulemaking Requirements 2, below.
By applying the cost-benefit analysis required under Executive Orders 13563
and 12866 to this rule, as described herein, BIS has determined that the benefits of this rule i.e., the enhancement of our national security through the fulfillment our multilateral obligations as an AG participating country, together with the anticipated reduction in the number of license applications that would have to be submitted to export certain items affected by this rule significantly outweigh any potential costs i.e., the incidental costs to exporters of adjusting their export control procedures for
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certain items affected by this rule.
Furthermore, consistent with the stated purpose of the amendments to ECCN
1C991 i.e., to enhance the national security of the United States, this rule meets the requirements set forth in the April 5, 2017, Office of Management and Budget OMB guidance implementing Executive Order 13771
82 FR 9339, February 3, 2017, regarding what constitutes a regulation issued with respect to a national security function of the United States, and it is, therefore, exempt from the requirements of E.O. 13771.
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 OMB Control Number. This rule contains the following collections of information subject to the requirements of the PRA. These collections have been approved by OMB under control numbers 06940088 Simplified Network Application Processing System and 06940096 Five Year Records Retention Period. The approved information collection under OMB control number 06940088
includes license applications, among other things, and carries a burden estimate of 29.6 minutes per manual or electronic submission for a total burden estimate of 31,833 hours. The approved information collection under OMB
control number 06940096 includes recordkeeping requirements and carries a burden estimate of less than 1 minute per response for a total burden estimate of 248 hours.
This rule contains minor clarifications to the EAR for certain vaccines controlled by ECCN 1C991.a for antiterrorism AT reasons. Specifically, BIS
expects the burden hours associated with these collections will decrease by 5 hours and 6 minutes i.e., 10
applications 30.6 minutes per response for a total estimated decrease in cost of $153 i.e., 5 hours and 6
minutes $30 per hour. The $30 per hour cost estimate for OMB control numbers 06940088 and 06940096 is consistent with the salary data for export compliance specialists currently available through glassdoor.com glassdoor.com estimates that an export compliance specialist makes $55,280
annually, which computes to roughly $26.58 per hour. Consequently, the burden hours associated with exports of the items affected by this rule will remain within the range of the existing
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