Implementation of Both the Understandings Reached at the 2009 Australia Group (AG) Plenary Meeting and a Decision Adopted Under the AG Intersessional Silent Approval Procedures

The Bureau of Industry and Security (BIS) is publishing this final rule to amend the Export Administration Regulations (EAR) to implement the understandings reached at the September 2009 plenary meeting of the Australia Group (AG). This rule also amends the EAR to implement a decision recommended at the 2009 AG Plenary that was adopted under the AG intersessional silent approval procedures in October 2009. Consistent with the understandings reached at the 2009 AG Plenary, this final rule amends the EAR to reflect the addition of technical notes to the AG "Control List of Dual-Use Chemical Manufacturing Facilities and Equipment and Related Technology and Software." The purpose of the new technical notes is to: clarify the term "alloys," as used in reference to the types of "materials" from which such equipment is made; and clarify the term "nominal size," as used in reference to the valves described on this AG control list. This final rule also amends the EAR to reflect the AG decision (recommended at the 2009 AG Plenary and adopted under the AG intersessional silent approval procedures) to remove "white pox" virus from the AG "List of Biological Agents for Export Control."