Federal Contracts Training Center

A final rule issued by the Bureau of Industry and Security amends the Export Administration Regulations to revise the controls on certain select agents identified in Export Control Classification Number 1C360 on the Commerce Control List (Supplement No. 1 to EAR Part 774) to reflect changes the Animal Plant and Health Inspection Service, Department of Agriculture, recently made to the Plant Protection and Quarantine Programs list of select agents and toxins. The changes made by APHIS were part of a biennial review and republication of the select agents and toxins lists separately maintained by APHIS and the Centers for Disease Control and Prevention, Department of Health and Human Services. Both agencies maintain controls on the "possession, use, and transfer within the United States" of certain select agents and toxins, including human and zoonotic pathogens, animal pathogens, and plant pathogens. BIS maintains controls on exports of the select agents and toxins regulated by CDC and APHIS. BIS determined the only changes that required amendments to the EAR were the changes to the PPQ list of select agents and toxins maintained by APHIS. This rule also amends ECCN 1E998 on the CCL to remove controls on technology for the "development" or "production" of materials controlled by ECCN 1C995. This technology was inadvertently included in ECCN 1E998 by a final rule published by BIS in 2006 (¶72,750.105) and was made subject to the anti-terrorism license requirements described in that rule. Effective with the publication of this final rule, the technology is once again classified as EAR99. The text of this final rule, which is effective February 22, 2010, appears at ¶72,750.188.