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Federal Register / Vol. 86, No. 190 / Tuesday, October 5, 2021 / Rules and Regulations
particular information collections by selecting Currently under 30-day ReviewOpen for Public Comments or by using the search function.
3. This rule does not contain policies with Federalism implications as that term is defined in Executive Order 13132.
4. As stated in the preamble of this final rule, the amendments contained in this rule reflect a decision made at the Australia Group AG Virtual Implementation Meeting session held in May 2021, and later adopted pursuant to the AGs silence procedure. Therefore, pursuant to Section 1762 of the Export Control Reform Act of 2018 ECRA 50
U.S.C. Sec. 4821, this action is exempt from the Administrative Procedure Act APA 5 U.S.C. 553 requirements for notice of proposed rulemaking, opportunity for public participation and delay in effective date.
Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this final rule by the APA or any other law, the analytical requirements of the Regulatory Flexibility Act 5 U.S.C. 601 et seq., as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 SBREFA 5 U.S.C. 601 et seq., are not applicable.
Consistent with the emerging and foundational technologies notice and comment requirements in Section 1758a2C of ECRA 50 U.S.C.
4817a2C, BIS published a proposed rule on November 6, 2020 85 FR
71012, to provide the public with notice and the opportunity to comment on its proposal to add a new ECCN
2D352 to the Commerce Control List CCL, for the purpose of controlling software for certain nucleic acid synthesizers and assemblers for chemical/biological CB reasons. In addition, consistent with the Regulatory Flexibility Act, BIS prepared an initial regulatory flexibility analysis IRFA of the impact that the proposed rule, if adopted, would have on small businesses. The IRFA prepared by BIS
requested comments on the analyses and conclusions contained therein, including the overall conclusion that the amendments in BISs November 6
proposed rule would not have a significant economic impact on a substantial number of small entities.
BIS received comments from four respondents on its November 6
proposed rulethese comments and BISs responses are summarized in the preamble of this final rule. BIS did not receive any comments in response to the analyses and conclusions contained in the IRFA for its November 6 proposed
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rule. Accordingly, no regulatory flexibility analysis is required for this final rule, and none has been prepared.
List of Subjects 15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements, Terrorism.
For the reasons stated in the preamble, parts 742 and 774 of the Export Administration Regulations 15
CFR parts 730774 are amended as follows:
PART 742CONTROL POLICYCCL
BASED CONTROLS
1. The authority citation for 15 CFR
part 774 continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 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.
10811, 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 200323, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of November 12, 2020, 85 FR 72897 November 13, 2020.

2. Section 742.2 is amended by revising paragraphs a2viii and ix to read as follows:

742.2 Proliferation of chemical and biological weapons.

a
2
viii Software identified in ECCN
2D351 or 2D352, as follows:
A Dedicated software identified in ECCN 2D351 for the use of toxic gas monitoring systems and their dedicated detecting components controlled by ECCN 2B351;
B Software designed for nucleic acid assemblers and synthesizers controlled by 2B352.j that is capable of designing and building functional genetic elements from digital sequence data.
ix Technology identified in ECCN
2E001 for the development of software controlled by ECCN 2D351 or 2D352.

PART 774THE COMMERCE
CONTROL LIST
3. The authority citation for 15 CFR
part 774 continues to read as follows:

Authority: 50 U.S.C. 48014852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.

PO 00000

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8720; 10 U.S.C. 8730e; 22 U.S.C. 287c, 22
U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C.
2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 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.

4. In Supplement No. 1 to Part 774
the Commerce Control List, Category 2, add an entry for ECCN 2D352
immediately following ECCN 2D351, and revise ECCN 2E001 to read as follows:

Supplement No. 1 to Part 774The Commerce Control List

2D352 Software designed for nucleic acid assemblers and synthesizers controlled by 2B352.j that is capable of designing and building functional genetic elements from digital sequence data.
License Requirements Reason for Control: CB, AT
Country chart see Supp. No. 1 to part 738

Controls CB applies to entire entry.
AT applies to entire entry.

CB Column 2.
AT Column 1.

List Based License Exceptions See Part 740
for a Description of All License Exceptions TSR: N/A
List of Items Controlled Related Controls: See ECCN 1E001 for development or production technology for genetic elements controlled by ECCN 1C353.
Related Definitions: See Section 772.1 of the EAR for the definitions of software, program, and microprogram.
Items: The list of items controlled is contained in the ECCN heading.

2E001 Technology according to the General Technology Note for the development of equipment or software controlled by 2A except 2A983, 2A984, 2A991, or 2A994, 2B
except 2B991, 2B993, 2B996, 2B997, 2B998, or 2B999, or 2D except 2D983, 2D984, 2D991, 2D992, or 2D994.
License Requirements Reason for Control: NS, MT, NP, CB, AT
Controls NS applies to technology for items controlled by 2A001, 2B001 to 2B009, 2D001 or 2D002.

E:FRFM05OCR1.SGM

05OCR1

Country chart see Supp. No. 1 to part 738
NS Column 1.