Yesterday, the OMB’s Office of Information and Regulatory Affairs (OIRA) announced that it had received a request for information from the DOC’s Bureau of Industry and Security (BIS) on “Commerce Control List: Proposed Controls on Certain Marine Toxins; Request for Comments”. According to the Fall 2021 Unified Agenda listing for this rulemaking:
“The Bureau of Industry and Security (BIS) is publishing this final rule to amend certain Export Control Classification Numbers (ECCNs) on the Commerce Control List (CCL) to reflect recent updates to the Australia Group (AG) Common Control Lists.”
That direct final rule is ‘forecast’ (Unified Agenda action
dates are aspirational at best) to be published in October of this year. So, I
would presume that this ‘request for comments’ is an attempt to find potential
problem areas before the final rule is published. BIS has run into problems
with more than one of their control list rulemakings because of unexpected
issues being raised at the last minute because of the direct to final rule
process used for implementing international agreements.
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