Revisions to the Commerce Control List: Imposition of Controls on Integrated Circuits, Helicopter Landing System Radars, Seismic Detection Systems, and Technology for IR Up-Conversion Devices, 61571-61576 [2014-24359]
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations
buildings to demonstrate continued
energy and water savings at least every
four years after initial occupancy.
(c) Certification level. The building
must be certified to a level that
promotes the high performance
sustainable building guidelines
referenced in Executive Order 13423
‘‘Strengthening Federal Environmental,
Energy, and Transportation
Management’’ and Executive Order
13514 ‘‘Federal Leadership in
Environmental, Energy and Economic
Performance.’’
PART 435—ENERGY EFFICIENCY
STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF NEW FEDERAL
LOW-RISE RESIDENTIAL BUILDINGS
9. The authority citation for part 435
continues to read as follows:
■
Authority: 42 U.S.C. 6831–6832, 6834–
6835; 42 U.S.C. 7101 et seq.
10. The heading for part 435 is revised
to read as set forth above.
■ 11. In § 435.1:
■ a. Redesignate the existing text as
paragraph (a);
■ b. Add and reserve paragraph (b); and
■ c. Add paragraph (c) to read as
follows:
■
§ 435.1
Purpose and scope.
*
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(c) This part also establishes green
building certification requirements for
new Federal buildings that are low-rise
residential buildings and major
renovations to Federal buildings that are
low-rise residential buildings, for which
design for construction began on or after
October 14, 2015.
§§ 435.6 and 435.7
■
[Removed]
12. Remove §§ 435.6 and 435.7.
§ 435.8
[Redesignated as § 435.6]
Subpart C—Green Building
Certification for Federal Buildings
§ 435.300
Green building certification.
(a) If a Federal agency chooses to use
a green building certification system to
certify a new Federal building or a
Federal building undergoing a major
renovation and construction costs for
such new building or major renovation
are at least $2,500,000 (in 2007 dollars,
adjusted for inflation), and design for
construction began on or after October
14, 2015:
(b) The system under which the
building is certified must:
(1) Allow assessors and auditors to
independently verify the criteria and
measurement metrics of the system;
(2) Be developed by a certification
organization that
(i) Provides an opportunity for public
comment on the system; and
(ii) Provides an opportunity for
development and revision of the system
through a consensus-based process;
(3) Be nationally recognized within
the building industry;
(4) Be subject to periodic evaluation
and assessment of the environmental
and energy benefits that result under the
rating system; and
(5) Include a verification system for
post occupancy assessment of the rated
buildings to demonstrate continued
energy and water savings at least every
four years after initial occupancy.
(c) Certification level. The building
must be certified to a level that
promotes the high performance
sustainable building guidelines
referenced in Executive Order 13423
‘‘Strengthening Federal Environmental,
Energy, and Transportation
Management’’ and Executive Order
13514 ‘‘Federal Leadership in
Environmental, Energy and Economic
Performance.’’
13. Section 435.8 is redesignated as
§ 435.6.
PART 436—FEDERAL ENERGY
MANAGEMENT AND PLANNING
PROGRAMS
Subparts B and C of Part 435
[Redesignated]
■
■
18. The authority citation for part 436
is revised to read as follows:
14. Redesignate subparts B and C of
part 435 as subparts D and E of part 435.
■ 15. Redesignate §§ 435.300 through
435.306 as §§ 435.500 through 435.506
respectively.
■ 16. Add and reserve a new subpart B
to read as follows:
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■
Subpart B—Reduction in Fossil FuelGenerated Energy Consumption
[Reserved]
17. Add a new subpart C to read as
follows:
■
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Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C.
8254; 42 U.S.C. 8258; 42 U.S.C. 8259b.
Subpart A—Methodology and
Procedures for Life Cycle Cost
Analyses
19. Revise § 436.14(d) to read as
follows:
■
§ 436.14
Methodological assumptions.
*
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(d) Each Federal agency shall assume
that the appropriate study period is as
follows:
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61571
(1) For evaluating and ranking
alternative retrofits for an existing
Federal building, the study period is the
expected life of the retrofit, or 40 years
from the beginning of beneficial use,
whichever is shorter.
(2) For determining the life cycle costs
or net savings of mutually exclusive
alternatives for a given building energy
system or building water system (e.g.,
alternative designs for a particular
system or size of a new or retrofit
building energy system or building
water system), a uniform study period
for all alternatives shall be assumed
which is equal to—
(i) The estimated life of the mutually
exclusive alternative having the longest
life, not to exceed 40 years from the
beginning of beneficial use with
appropriate replacement and salvage
values for each of the other alternatives;
or
(ii) The lowest common multiple of
the expected lives of the alternative, not
to exceed 40 from the beginning of
beneficial use with appropriate
replacement and salvage values for each
alternative.
(3) For evaluating alternative designs
for a new Federal building, the study
period extends from the base year
through the expected life of the building
or 40 years from the beginning of
beneficial use, whichever is shorter.
*
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[FR Doc. 2014–24150 Filed 10–10–14; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 140131087–4087–01]
RIN 0694–AG08
Revisions to the Commerce Control
List: Imposition of Controls on
Integrated Circuits, Helicopter Landing
System Radars, Seismic Detection
Systems, and Technology for IR UpConversion Devices
Bureau of Industry and
Security, Commerce.
ACTION: Interim final rule with request
for comments.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to impose foreign policy controls
on read-out integrated circuits and
related ‘‘software’’ and ‘‘technology,’’
radar for helicopter autonomous landing
systems, seismic intrusion detection
SUMMARY:
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations
systems and related ‘‘software’’ and
‘‘technology’’, and ‘‘technology’’
‘‘required’’ for the ‘‘development’’ or
‘‘production’’ of specified infrared upconversion devices. The read-out
integrated circuits and related
‘‘technology’’ are controlled under new
Export Control Classification Numbers
(ECCNs) on the Commerce Control List.
An existing ECCN has been amended to
control the related ‘‘software’’ for those
items. New paragraphs have been added
to certain existing ECCNs to control
radar for helicopter autonomous landing
systems, seismic intrusion detection
systems, and the ‘‘technology,’’ as
mentioned, for specified infrared upconversion devices. Specified existing
‘‘software’’ and ‘‘technology’’ ECCNs
have been amended to apply to
helicopter autonomous landing systems
and seismic intrusion detection systems.
The items are controlled for regional
stability reasons Column 1 (RS Column
1) and Column 2 (RS Column 2), and
antiterrorism reasons Column 1 (AT
Column 1). The Departments of
Commerce, State and Defense have
determined that imposition of these
license requirements protects U.S.
national security and foreign policy
interests. Specifically, those agencies
have determined that the items
described in this rule have civilian
applications but also warrant immediate
controls under the EAR because of their
potential military applications.
DATES: This rule is effective October 14,
2014. Comments must be received by
December 15, 2014.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. The identification
number for this rulemaking is BIS–
2014–0033.
• By email directly to:
publiccomments@bis.doc.gov. Include
RIN 0694–AG08 in the subject line.
• By mail or delivery to Regulatory
Policy Division, Bureau of Industry and
Security, U.S. Department of Commerce,
Room 2099B, 14th Street and
Pennsylvania Avenue NW., Washington,
DC 20230. Refer to RIN 0694–AG08.
FOR FURTHER INFORMATION CONTACT:
Chris Costanzo, Senior Engineer,
Sensors and Aviation Division, Office of
National Security and Technology
Transfer Controls by phone at (202)
482–0718 or by email at
Christopher.Costanzo@bis.doc.gov.
SUPPLEMENTARY INFORMATION: In this
rule, BIS amends the EAR to impose
license requirements on read-out
integrated circuits, and ‘‘technology’’
‘‘required’’ for the ‘‘development’’ or
‘‘production’’ of specified infrared up-
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conversion devices to all destinations,
except Canada, as well as radar for
helicopter autonomous landing systems
and seismic intrusion detection systems
to destinations as identified. The
Departments of Commerce, State and
Defense have determined that
imposition of these license requirements
protects national security and foreign
policy interests of the United States
because of the items’ potential military
applications, which are described in
greater detail below.
The items are controlled under new or
amended Export Control Classification
Numbers (ECCNs) on the Commerce
Control List for RS Column 1, RS
Column 2, and AT Column 1 reasons.
Destinations to which RS Column 1 or
RS Column 2 controls apply are
indicated by an ‘‘X’’ in the RS Column
1 or RS Column 2, respectively, for each
applicable destination in the Commerce
Country Chart, Supplement No. 1 to part
738 of the EAR. An explanation of RS
license requirements appears in Section
742.6(a) of the EAR. Exporters also
should consult the Commerce Country
Chart to determine to which
destinations the AT Column 1 license
requirement applies.
New License Requirements
New ECCN 6A990—Read-Out Integrated
Circuits
Under this rule, a license is required
for the export and reexport of items
classified under new ECCN 6A990 for
read-out integrated circuits (ROICs) to
all destinations, except Canada, for RS
Column 1 reasons, and AT Column 1
reasons. The ROICs subject to 6A990 are
used only in cameras to provide images
for collision avoidance and navigation
support for civilian vehicles at distances
up to 150 m, and have potential military
application because of the infrared
detectors, which can be used to enable
military personnel to detect images in
the dark, enhancing nighttime
warfighting capability. Given that
potential military application, BIS is
implementing a worldwide licensing
requirement, except for Canada, and the
items will be controlled for RS Column
1 and AT Column 1 reasons with
License Exception LVS not available.
The heading of existing ECCN 6D991
is revised to indicate that ‘‘software’’ for
ROICs under new 6A990 is covered by
6D991. The previous heading read
‘‘6D991 ‘‘Software’’ specially designed
for the ‘‘development’’, ‘‘production’’, or
‘‘use’’ of equipment controlled by
6A002.a.1.d, 6A991, 6A996, 6A997, or
6A998.’’ BIS revised the heading to
include commodities controlled by
ECCN 6A990. ECCN 6D991, ‘‘software’’
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for commodities controlled by ECCN
6A990, is controlled for RS Column 1
reasons.
Also, ‘‘technology’’ for ROICs is
controlled under new ECCN 6E990—
‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of
commodities controlled by ECCN
6A990. ECCN 6E990 ‘‘Technology’’ for
ROICs is controlled for RS Column 1
and AT Column 1 reasons.
New Paragraph in ECCN 6A998—Radar
for Helicopter Autonomous Landing
Systems
In this rule, BIS also adds paragraph
.c to ECCN 6A998. ECCN 6A998, which
controls radar systems, equipment and
‘‘major components,’’ and ‘‘specially
designed’’ ‘‘components,’’ is expanded
through new paragraph .c to impose a
license requirement for export and
reexport of millimeter wave enhanced
vision radar imaging systems ‘‘specially
designed’’ for rotary wing aircraft and
having all of the characteristics
identified in subparagraphs .c.1, .c.2,
.c.3, and .c.4. Radar for helicopter
autonomous landing systems provides
visual awareness and obstacle
avoidance in degraded visual
conditions. While important in its
civilian applications, this radar poses
concern with regard to its potential
military applications by adversaries of
the United States and its allies, and BIS
is implementing licensing requirements
through this new RS Column 2 control
on ECCN 6A998 and an AT Column 1
control.
A license is required for items
classified in paragraph .c of ECCN
6A998 for RS Column 2 reasons when
going to any destination, except
Australia, Japan, New Zealand, and
countries in the North Atlantic Treaty
Organization, as indicated in the
Commerce Country Chart in
Supplement No. 1 to part 738 of the
EAR and in Section 742.6(a)(4) of the
EAR. The existing AT Column 1 reason
for control for ECCN 6A998 continues to
apply to the entire entry, including new
paragraph .c items.
The existing related ‘‘software’’ and
‘‘technology’’ for ECCN 6A998—
controlled under ECCNs 6D991 and
6E991, respectively—also are related to
items in subparagraphs .c.1 through .c.4,
as specified in the respective entries.
New Paragraph in ECCN 6A999—
Seismic Intrusion Detection Systems
By adding paragraph .c to ECCN
6A999, which controls specific
processing equipment, BIS expands that
ECCN by imposing a license
requirement for export and reexport of
seismic intrusion detection systems,
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations
which detect, classify and determine the
bearing on the source of a detected
signal. While the systems can be used
for monitoring earthquakes, they also
have the capability for military use in
detecting the movement or motion of
people, vehicles, and equipment. Given
the potential military uses, BIS is
imposing a license requirement to all
destinations but close military allies
through the RS Column 2 controls.
In addition, AT continues to apply to
all items in the entry, including those
items in new paragraph .c, to North
Korea. In addition, BIS revises existing
paragraph .a of ECCN 6A999 to
distinguish the items controlled by
paragraph .a from those controlled by
new paragraph .c.
Further, to ensure appropriate
controls for operation ‘‘software’’ for
seismic intrusion detection devices
controlled under ECCN 6A999.c, BIS
revises ECCN 6D993 to add two new
paragraphs. New paragraph .b controls
‘‘software’’ ‘‘specially designed’’ for
seismic intrusion detection systems in
6A999.c, and new paragraph .c controls
‘‘source code’’ for seismic intrusion
detection systems in 6A999.c.
‘‘Software’’ under new paragraph .b is
controlled for RS Column 2 reasons and
‘‘source code’’ under new paragraph .c.
is controlled for RS Column 1 reasons.
Both paragraphs, like all of ECCN
6D993, are also controlled for AT
Column 1 reasons.
Lastly, BIS revises ECCN 6E991,
‘‘technology’ for the ‘‘development,’’
‘‘production’’ or ‘‘use’’ of equipment
controlled by 6A991, 6A996, 6A997 or
6A998,’’ by adding new paragraph .c to
include equipment controlled by ECCN
6A999.c.
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Revision of Scope of ECCN 6E001—
‘‘Technology’’ According to the General
Technology Note for the ‘‘Development’’
of Equipment, Materials or ‘‘Software’’
Controlled by Certain Category 6 ECCNs
BIS revised the heading of ECCN
6E001 to indicate that ‘‘development’’
‘‘technology’’ for new ECCN 6A990
(read-out integrated circuits) and
‘‘development’’ ‘‘technology’’ for new
paragraph .c. (seismic intrusion
detection systems) of ECCN 6A999 are
not controlled by ECCN 6E001. ECCN
6A990 ‘‘technology’’ (for
‘‘development’’ or ‘‘production’’) and
ECCN 6A999.c ‘‘technology’’ (for
‘‘development,’’ ‘‘production’’ or ‘‘use’’)
are controlled under ECCN 6E990 and
ECCN 6E991, respectively.
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Revision of Scope of ECCN 6E002—
‘‘Technology’’ According to the General
Technology Note for the ‘‘Production’’
of Equipment or Materials Controlled by
Certain Category 6 ECCNs
As with the heading of ECCN 6E001,
BIS also revises the heading of ECCN
6E002 to indicate that ‘‘production’’
‘‘technology’’ for new ECCN 6A990
(read-out integrated circuits) and
‘‘production’’ ‘‘technology’’ for new
paragraph .c. (seismic intrusion
detection systems) of ECCN 6A999 are
not controlled by ECCN 6E002. As
previously described for ECCN 6E001,
ECCN 6A990 ‘‘technology’’ (for
‘‘development’’ or ‘‘production’’) and
ECCN 6A999.c ‘‘technology’’ (for
‘‘development,’’ ‘‘production’’ or ‘‘use’’)
are controlled under ECCN 6E990 and
ECCN 6E991, respectively.
New Paragraph In ECCN 6E993—
‘‘Technology’’ for Specified Infrared UpConversion Devices
This rule adds paragraph .e in ECCN
6E993 to control ‘‘technology’’
‘‘required’’ for the ‘‘development’’ or
‘‘production’’ of infrared up-conversion
devices used to convert near-infrared
light into visible light using an organic
light emitting diode, which can be used
in conventional night vision devices
used for home energy inspection or
night photography. The item also has
important military and law enforcement
applications, which is why BIS is
imposing a worldwide licensing
requirement, except for Canada. New
ECCN 6E993.e requires a license to all
destinations, except Canada, for RS
Column 1 reasons. The existing AT
Column 1 reason for control that applies
to paragraphs .a through .d also applies
to new paragraph .e and to its
subparagraphs .e.1 and .e.2.
License Exceptions
License exceptions are described in
Part 740 of the EAR. License exceptions
may be available for these items if there
are no applicable restrictions in section
740.2(a) and all conditions of the
respective license exceptions are met for
the particular proposed transaction.
Foreign Policy Report
The application of regional stability
controls to the items covered by this
rule imposes a foreign policy control.
Section 6(f) of the Export
Administration Act requires that a
report be delivered to Congress before
imposing such controls. The report was
delivered to Congress on September 24,
2014.
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61573
Export Administration Act
Since August 21, 2001, the Export
Administration Act has been in lapse
and the President, through Executive
Order 13222 of August 17, 2001 (3 CFR,
2001 Comp., 783 (2002)), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and extended most recently by the
Notice of August 7, 2014, 79 FR 46959
(August 11, 2014), has continued the
EAR in effect under the International
Emergency Economic Powers Act. BIS
continues to carry out the provisions of
the Export Administration Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
13222 as amended by Executive Order
13637.
Saving Clause
Shipments of items removed from
eligibility for export or reexport 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
November 13, 2014, pursuant to actual
orders for export or reexport 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 or reexported before November
28, 2014. Any such items not actually
exported or reexported before midnight,
on November 28, 2014, 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 January 12, 2015.
Beginning at midnight on January 12,
2015, 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.
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
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effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. This rule has been
determined to be a significant regulatory
action, although not economically
significant, under section 3(f) of
Executive Order 12866. Accordingly,
the rule has been reviewed by the Office
of Management and Budget (OMB).
2. This rule involves collections
previously approved by the Office of
Management and Budget (OMB) under
Control Number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a
burden hour estimate of 43.8 minutes to
prepare and submit form BIS–748. Total
burden hours associated with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) (PRA) and OMB
Control Number 0694–0088 are not
expected to increase significantly as a
result of this rule. Notwithstanding any
other provisions of law, no person is
required to respond to, nor be subject to
a penalty for failure to comply with a
collection of information subject to the
requirements of the PRA, unless that
collection of information displays a
currently valid OMB Control Number.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The provisions of the
Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed
rulemaking, the opportunity for public
comment and a delay in effective date
are inapplicable because this regulation
involves a military or foreign affairs
function of the United States (See 5
U.S.C. 553(a)(1)). BIS is implementing
this rule to protect U.S. national
security and foreign policy interests by
imposing an export and reexport license
requirement on Read-Out Integrated
Circuits, Radar for Helicopter Landing
Systems, Seismic Intrusion Detection
Systems, and Technology for Specified
Infrared Up-Conversion Devices that are
used in important sensor applications.
The Departments of Commerce, State
and Defense determined that immediate
imposition of license requirements for
these items is warranted to protect U.S.
national security and foreign policy
interests. Specifically, those agencies
have determined that the items
described in this rule warrant controls
because of their potential military
applications, which are noted above.
Further, BIS finds good cause to
waive the 30-day delay in effectiveness
under 5 U.S.C. 553(d)(3). Immediate
implementation will allow BIS to
prevent exports of these items to users
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and for uses that pose a national
security threat to the United States or its
allies. If BIS delayed this rule to allow
for a 30-day delay in effectiveness, the
resulting delay in implementation
would afford an opportunity for the
export of these items to users and uses
that pose such a national security threat,
thereby undermining the purpose of the
rule.
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are
not applicable. Although notice and
opportunity for comment are not
required, BIS is issuing this rule as an
interim final rule with a request for
comments. All comments must be in
writing and submitted via one or more
of the methods listed under the
ADDRESSES caption to this notice. All
comments (including any personal
identifiable information) will be
available for public inspection and
copying. Those wishing to comment
anonymously may do so by submitting
their comment via regulations.gov and
leaving the fields for identifying
information blank.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, part 774 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
ranging in the wavelength range
exceeding 1,200 nm, but not exceeding
3,000 nm, at distances up to 150 m.
License Requirements
Reason for Control: RS, AT
RS applies to entire
entry.
AT applies to entire
entry.
1. The authority citation for part 774
continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 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; Notice of August 7, 2014, 79
FR 46959 (August 11, 2014).
2. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6, is
amended by adding a new ECCN 6A990
entry, immediately following the entry
for Export Control Classification
Number (ECCN) 6A226 and
immediately preceding the entry for
ECCN 6A991, to read as follows:
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
6A990 Read-out integrated circuits (ROICs)
that enable 3D automotive imaging and
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AT Column 1
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
3. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6,
ECCN 6A998 is amended by revising the
‘‘License Requirements’’ section and
adding paragraph c. to the ‘‘Items’’
paragraph of the ‘‘List of Items
Controlled’’ section to read as follows:
■
6A998 Radar systems, equipment and
‘‘major components,’’ n.e.s., and
‘‘specially designed’’ ‘‘components’’
therefor, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: RS, AT
Country chart (See
Supp. No. 1 to part
738)
Control(s)
■
RS Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
PART 774—[AMENDED]
*
Country chart (see
Supp. No. 1 to part
738)
Control(s)
RS applies to
6A998.b.
RS applies to
6A998.c.
AT applies to entire
entry.
*
*
*
*
RS Column 1
RS Column 2
AT Column 1
*
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items: * * *
c. Millimeter wave enhanced vision radar
imaging systems ‘‘specially designed’’ for
rotary wing aircraft and having all of the
following:
c.1. Operates at a frequency of 94 GHz;
c.2. An average output power of less than
20 mW;
c.3. Radar beam width of 1 degree; and
c.4. Operating range equal to or greater
than 1500 m.
4. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6,
ECCN 6A999 is amended by:
■ a. Revising the ‘‘License
Requirements’’ section;
■
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b. Revising paragraph a. to the ‘‘Items’’
paragraph of the ‘‘List of Items
Controlled’’ section; and
■ c. Adding paragraph c. to the ‘‘Items’’
paragraph of the ‘‘List of Items
Controlled’’ section to read as follows:
■
6A999 Specific processing equipment, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: RS, AT
Country chart (See
Supp. No. 1 to part
738)
Control(s)
RS applies to
6A999.c.
*
*
*
*
5. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6,
ECCN 6D991 is amended by revising the
heading and ‘‘License Requirements’’
section to read as follows:
■
6D991 ‘‘Software,’’ n.e.s., ‘‘specially
designed’’ for the ‘‘development’’,
‘‘production’’, or ‘‘use’’ of commodities
controlled by 6A002.a.1.d, 6A990,
6A991, 6A996, 6A997, or 6A998.
License Requirements
Reason for Control: RS, AT
mstockstill on DSK4VPTVN1PROD with RULES
RS applies to ‘‘software’’ for commodities controlled by
6A002.a.1.d,
6A990, or 6A998.b.
RS applies to ‘‘software’’ for 6A998.c.
AT applies to entire
entry, except ‘‘software’’ for commodities controlled by
6A991.
AT applies to ‘‘software’’ for commodities controlled by
6A991.
*
VerDate Sep<11>2014
*
Country chart (See
Supp. No. 1 to part
738)
RS applies to
6D993.c.
RS applies to
6D993.b.
AT applies to entire
entry.
*
*
*
*
RS Column 1
RS Column 2
AT Column 1
RS Column 1
RS Column 2
AT Column 1
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items: * * *
b. ‘‘Software’’ ‘‘specially designed’’ for
seismic intrusion detection systems in
6A999.c.
c. ‘‘Source Code’’ ‘‘specially designed’’ for
seismic intrusion detection systems in
6A999.c.
16:04 Oct 10, 2014
Jkt 235001
Control(s)
RS applies to entire
entry.
AT applies to entire
entry.
Country chart (See
Supp. No. 1 to part
738)
RS Column 1
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
CIV: N/A
TSR: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
10. In Supplement No. 1 to Part 774—
The Commerce Control List, Category 6,
ECCN 6E991 is revised to read as
follows:
6E991 ‘‘Technology’’ for the
‘‘development’’, ‘‘production’’ or
‘‘use’’ of equipment controlled by
6A991, 6A996, 6A997, 6A998 or
6A999.c.
License Requirements
Reason for Control: RS, AT
7. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6
ECCN 6E001 is amended by revising the
heading to read as follows:
6E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ of equipment, materials
or ‘‘software’’ controlled by 6A (except
6A990, 6A991, 6A992, 6A994, 6A995,
6A996, 6A997 6A998, or 6A999.c), 6B
(except 6B995), 6C (except 6C992 or
6C994), or 6D (except 6D991, 6D992, or
6D993).
*
*
*
*
■ 8. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6,
ECCN 6E002 is amended by revising the
heading to read as follows:
6E002 ‘‘Technology’’ according to the
General Technology Note for the
‘‘production’’ of equipment or materials
controlled by 6A (except 6A990, 6A991,
6A992, 6A994, 6A995, 6A996, 6A997,
6A998 or 6A999.c), 6B (except 6B995) or
6C (except 6C992 or 6C994).
*
*
*
*
9. Supplement No. 1 to Part 774—The
Commerce Control List, Category 6 is
amended by adding ECCN 6E990
immediately following the entry for
ECCN 6E202 and immediately
preceding the entry for ECCN 6E991, to
read as follows:
■
*
License Requirements
Reason for Control: RS, AT
■
*
AT Column 2
6E990 Technology ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of
commodities controlled by ECCN 6A990.
■
*
*
Country chart (See
Supp. No. 1 to part
738)
Control(s)
*
License Requirements
Reason for Control: RS, AT
Control(s)
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items:
a. Seismic detection equipment not
controlled in paragraph c.
b. * * *
c. Seismic intrusion detection systems that
detect, classify and determine the bearing on
the source of a detected signal.
*
6D993 Other ‘‘software,’’ not controlled by
6D003, as follows (see List of Items
Controlled).
RS Column 2
AT applies to entire entry. A license is
required for items controlled by this entry to
North Korea for anti-terrorism reasons. The
Commerce Country Chart is not designed to
determine AT licensing requirements for this
entry. See § 742.19 of the EAR for additional
information.
*
6. Supplement No. 1 to Part 744—The
Commerce Control List, Category 6,
ECCN 6D993 is amended by:
■ a. Revising the ‘‘License
Requirements’’ section; and
■ b. adding paragraphs b. and c. to the
‘‘Items’’ paragraph of the ‘‘List of Items
Controlled’’ section to read as follows:
■
61575
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
Control(s)
RS applies to ‘‘technology’’ for equipment controlled by
6A998.b, 6A998.c
and 6A999.c.
AT applies to entire
entry, except
‘‘technology’’ for
equipment controlled by 6A991.
AT applies to ‘‘technology’’ for equipment controlled by
6A991.
Country chart (See
Supp. No. 1 to part
738)
RS Column 1
AT Column 1
AT Column 2
List Based License Exceptions (See Part
740 for a Description of All License
Exceptions)
CIV: N/A
TSR: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
■ 11. Supplement No. 1 to Part 774—
The Commerce Control List, Category 6,
ECCN 6E993 is amended by:
■ a. Revising the ‘‘License
Requirements’’ section; and
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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations
b. Adding paragraph e. to the ‘‘Items’’
paragraph of the ‘‘List of Items
Controlled’’ section to read as follows:
SECURITIES AND EXCHANGE
COMMISSION
6E993 Other ‘‘technology,’’ not controlled
by 6E003, as follows (see List of Items
Controlled).
[Release No. 34–72936A; File No. S7–18–
11]
■
Reason for Control: RS, AT
Country chart (See
Supp. No. 1 to part
738)
RS applies to
6E993.e.
AT applies to entire
entry.
*
*
*
*
RS Column 1
*
Related Controls: * * *
Related Definition: * * *
Items: * * *
e. ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of infrared
up-conversion devices having all of the
following:
e.1. A response in the wavelength range
exceeding 700 nm but not exceeding 1500
nm; and
e.2. A combination of an infrared
photodetector, light emitting diode (OLED),
and nanocrystal to convert infrared light into
visible light.
*
*
*
*
Dated: October 7, 2014.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
[FR Doc. 2014–24359 Filed 10–10–14; 8:45 am]
BILLING CODE 3510–33–P
Securities and Exchange
Commission.
ACTION: Final rule; correction.
AGENCY:
The Securities and Exchange
Commission (‘‘Commission’’) is
correcting a final rule that appeared in
the Federal Register of September 15,
2014 (79 FR 55078). The rule applies to
credit rating agencies registered with the
Commission as nationally recognized
statistical rating organizations
(‘‘NRSROs’’), providers of third-party
due diligence services for asset-backed
securities, and issuers and underwriters
of asset-backed securities.1
DATES: Effective November 14, 2014.
FOR FURTHER INFORMATION CONTACT: Rose
Russo Wells, Senior Counsel, at (202)
551–5527; Division of Trading and
Markets, Securities and Exchange
Commission, 100 F Street NE.,
Washington, DC 20549–7010.
SUPPLEMENTARY INFORMATION: In FR Doc.
2014–20890, appearing on page 55078
in the Federal Register of Monday,
September 15, 2014, the following
corrections are made:
■ 1. On page 55261, in the second
column, under the heading ‘‘Text of
Final Rules’’ the word ‘‘Regulation’’ is
corrected to read ‘‘Regulations’’
SUMMARY:
AT Column 1
List of Items Controlled
*
Nationally Recognized Statistical
Rating Organizations; Correction
Nationally Recognized Statistical Rating
Organizations, Exchange Act Release No. 72936
(Aug. 27, 2014), 79 FR 55078 (Sep. 15, 2014).
mstockstill on DSK4VPTVN1PROD with RULES
1 See
VerDate Sep<11>2014
16:04 Oct 10, 2014
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[Corrected]
2. On page 55261, in the third column,
in § 240.15Ga–2(a), the citation ‘‘(15
U.S.C. 78c(a)(79))’’ is corrected to read
‘‘(15 U.S.C. 78c(a)(79)))’’
■
§ 240.17g–3
RIN 3235–AL15
License Requirements
Control(s)
17 CFR Parts 232, 240, 249, and 249b
§ 240.15Ga–2
[Corrected]
3. On page 55263, in the second
column, amendment 7.f to § 240.17g–3
is corrected to read: ‘‘In paragraphs
(a)(3) introductory text, (a)(4)
introductory text, and (a)(5)
introductory text, by removing the
words ‘‘An unaudited financial report’’
and in their place adding the phrase
‘‘File with the Commission an
unaudited financial report, as of the end
of the fiscal year,’’ ’’
■
4. On page 55263, in the second
column, amendment 7.g to § 240.17g–3
is corrected to read ‘‘In paragraph (a)(6)
introductory text, by removing the
words ‘‘An unaudited report’’ and in
their place adding the phrase ‘‘Furnish
the Commission with an unaudited
report, as of the end of the fiscal year,’’ ’’
■
§ 240.17g–5
[Corrected]
5. On page 55264, in the second
column, amendments 8.b and 8.h to
§ 240.17g–5, are removed and the
remaining amendments are renumbered:
8.a, 8.b, 8.c, 8.d, 8.e, 8.f, 8.g, and 8.h.
■
§ 249b.300
[Corrected]
6. On page 55274, in Part 249b,in
amendment 17, the words ‘‘Form
(referenced in § 249b.300)’’ are corrected
to read ‘‘Form NRSRO (referenced in
§ 249b.300)’’
■
7. On pages 55309–55310, in Form
NRSRO (referenced in § 249b.300), the
list is corrected to read as follows:
■
BILLING CODE 8011–01–P
E:\FR\FM\14OCR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 198 (Tuesday, October 14, 2014)]
[Rules and Regulations]
[Pages 61571-61576]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-24359]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 140131087-4087-01]
RIN 0694-AG08
Revisions to the Commerce Control List: Imposition of Controls on
Integrated Circuits, Helicopter Landing System Radars, Seismic
Detection Systems, and Technology for IR Up-Conversion Devices
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to impose foreign policy
controls on read-out integrated circuits and related ``software'' and
``technology,'' radar for helicopter autonomous landing systems,
seismic intrusion detection
[[Page 61572]]
systems and related ``software'' and ``technology'', and ``technology''
``required'' for the ``development'' or ``production'' of specified
infrared up-conversion devices. The read-out integrated circuits and
related ``technology'' are controlled under new Export Control
Classification Numbers (ECCNs) on the Commerce Control List. An
existing ECCN has been amended to control the related ``software'' for
those items. New paragraphs have been added to certain existing ECCNs
to control radar for helicopter autonomous landing systems, seismic
intrusion detection systems, and the ``technology,'' as mentioned, for
specified infrared up-conversion devices. Specified existing
``software'' and ``technology'' ECCNs have been amended to apply to
helicopter autonomous landing systems and seismic intrusion detection
systems. The items are controlled for regional stability reasons Column
1 (RS Column 1) and Column 2 (RS Column 2), and antiterrorism reasons
Column 1 (AT Column 1). The Departments of Commerce, State and Defense
have determined that imposition of these license requirements protects
U.S. national security and foreign policy interests. Specifically,
those agencies have determined that the items described in this rule
have civilian applications but also warrant immediate controls under
the EAR because of their potential military applications.
DATES: This rule is effective October 14, 2014. Comments must be
received by December 15, 2014.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
The identification number for this rulemaking is BIS-2014-0033.
By email directly to: publiccomments@bis.doc.gov. Include
RIN 0694-AG08 in the subject line.
By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AG08.
FOR FURTHER INFORMATION CONTACT: Chris Costanzo, Senior Engineer,
Sensors and Aviation Division, Office of National Security and
Technology Transfer Controls by phone at (202) 482-0718 or by email at
Christopher.Costanzo@bis.doc.gov.
SUPPLEMENTARY INFORMATION: In this rule, BIS amends the EAR to impose
license requirements on read-out integrated circuits, and
``technology'' ``required'' for the ``development'' or ``production''
of specified infrared up-conversion devices to all destinations, except
Canada, as well as radar for helicopter autonomous landing systems and
seismic intrusion detection systems to destinations as identified. The
Departments of Commerce, State and Defense have determined that
imposition of these license requirements protects national security and
foreign policy interests of the United States because of the items'
potential military applications, which are described in greater detail
below.
The items are controlled under new or amended Export Control
Classification Numbers (ECCNs) on the Commerce Control List for RS
Column 1, RS Column 2, and AT Column 1 reasons. Destinations to which
RS Column 1 or RS Column 2 controls apply are indicated by an ``X'' in
the RS Column 1 or RS Column 2, respectively, for each applicable
destination in the Commerce Country Chart, Supplement No. 1 to part 738
of the EAR. An explanation of RS license requirements appears in
Section 742.6(a) of the EAR. Exporters also should consult the Commerce
Country Chart to determine to which destinations the AT Column 1
license requirement applies.
New License Requirements
New ECCN 6A990--Read-Out Integrated Circuits
Under this rule, a license is required for the export and reexport
of items classified under new ECCN 6A990 for read-out integrated
circuits (ROICs) to all destinations, except Canada, for RS Column 1
reasons, and AT Column 1 reasons. The ROICs subject to 6A990 are used
only in cameras to provide images for collision avoidance and
navigation support for civilian vehicles at distances up to 150 m, and
have potential military application because of the infrared detectors,
which can be used to enable military personnel to detect images in the
dark, enhancing nighttime warfighting capability. Given that potential
military application, BIS is implementing a worldwide licensing
requirement, except for Canada, and the items will be controlled for RS
Column 1 and AT Column 1 reasons with License Exception LVS not
available.
The heading of existing ECCN 6D991 is revised to indicate that
``software'' for ROICs under new 6A990 is covered by 6D991. The
previous heading read ``6D991 ``Software'' specially designed for the
``development'', ``production'', or ``use'' of equipment controlled by
6A002.a.1.d, 6A991, 6A996, 6A997, or 6A998.'' BIS revised the heading
to include commodities controlled by ECCN 6A990. ECCN 6D991,
``software'' for commodities controlled by ECCN 6A990, is controlled
for RS Column 1 reasons.
Also, ``technology'' for ROICs is controlled under new ECCN 6E990--
``Technology'' ``required'' for the ``development'' or ``production''
of commodities controlled by ECCN 6A990. ECCN 6E990 ``Technology'' for
ROICs is controlled for RS Column 1 and AT Column 1 reasons.
New Paragraph in ECCN 6A998--Radar for Helicopter Autonomous Landing
Systems
In this rule, BIS also adds paragraph .c to ECCN 6A998. ECCN 6A998,
which controls radar systems, equipment and ``major components,'' and
``specially designed'' ``components,'' is expanded through new
paragraph .c to impose a license requirement for export and reexport of
millimeter wave enhanced vision radar imaging systems ``specially
designed'' for rotary wing aircraft and having all of the
characteristics identified in subparagraphs .c.1, .c.2, .c.3, and .c.4.
Radar for helicopter autonomous landing systems provides visual
awareness and obstacle avoidance in degraded visual conditions. While
important in its civilian applications, this radar poses concern with
regard to its potential military applications by adversaries of the
United States and its allies, and BIS is implementing licensing
requirements through this new RS Column 2 control on ECCN 6A998 and an
AT Column 1 control.
A license is required for items classified in paragraph .c of ECCN
6A998 for RS Column 2 reasons when going to any destination, except
Australia, Japan, New Zealand, and countries in the North Atlantic
Treaty Organization, as indicated in the Commerce Country Chart in
Supplement No. 1 to part 738 of the EAR and in Section 742.6(a)(4) of
the EAR. The existing AT Column 1 reason for control for ECCN 6A998
continues to apply to the entire entry, including new paragraph .c
items.
The existing related ``software'' and ``technology'' for ECCN
6A998--controlled under ECCNs 6D991 and 6E991, respectively--also are
related to items in subparagraphs .c.1 through .c.4, as specified in
the respective entries.
New Paragraph in ECCN 6A999--Seismic Intrusion Detection Systems
By adding paragraph .c to ECCN 6A999, which controls specific
processing equipment, BIS expands that ECCN by imposing a license
requirement for export and reexport of seismic intrusion detection
systems,
[[Page 61573]]
which detect, classify and determine the bearing on the source of a
detected signal. While the systems can be used for monitoring
earthquakes, they also have the capability for military use in
detecting the movement or motion of people, vehicles, and equipment.
Given the potential military uses, BIS is imposing a license
requirement to all destinations but close military allies through the
RS Column 2 controls.
In addition, AT continues to apply to all items in the entry,
including those items in new paragraph .c, to North Korea. In addition,
BIS revises existing paragraph .a of ECCN 6A999 to distinguish the
items controlled by paragraph .a from those controlled by new paragraph
.c.
Further, to ensure appropriate controls for operation ``software''
for seismic intrusion detection devices controlled under ECCN 6A999.c,
BIS revises ECCN 6D993 to add two new paragraphs. New paragraph .b
controls ``software'' ``specially designed'' for seismic intrusion
detection systems in 6A999.c, and new paragraph .c controls ``source
code'' for seismic intrusion detection systems in 6A999.c. ``Software''
under new paragraph .b is controlled for RS Column 2 reasons and
``source code'' under new paragraph .c. is controlled for RS Column 1
reasons. Both paragraphs, like all of ECCN 6D993, are also controlled
for AT Column 1 reasons.
Lastly, BIS revises ECCN 6E991, ``technology' for the
``development,'' ``production'' or ``use'' of equipment controlled by
6A991, 6A996, 6A997 or 6A998,'' by adding new paragraph .c to include
equipment controlled by ECCN 6A999.c.
Revision of Scope of ECCN 6E001--``Technology'' According to the
General Technology Note for the ``Development'' of Equipment, Materials
or ``Software'' Controlled by Certain Category 6 ECCNs
BIS revised the heading of ECCN 6E001 to indicate that
``development'' ``technology'' for new ECCN 6A990 (read-out integrated
circuits) and ``development'' ``technology'' for new paragraph .c.
(seismic intrusion detection systems) of ECCN 6A999 are not controlled
by ECCN 6E001. ECCN 6A990 ``technology'' (for ``development'' or
``production'') and ECCN 6A999.c ``technology'' (for ``development,''
``production'' or ``use'') are controlled under ECCN 6E990 and ECCN
6E991, respectively.
Revision of Scope of ECCN 6E002--``Technology'' According to the
General Technology Note for the ``Production'' of Equipment or
Materials Controlled by Certain Category 6 ECCNs
As with the heading of ECCN 6E001, BIS also revises the heading of
ECCN 6E002 to indicate that ``production'' ``technology'' for new ECCN
6A990 (read-out integrated circuits) and ``production'' ``technology''
for new paragraph .c. (seismic intrusion detection systems) of ECCN
6A999 are not controlled by ECCN 6E002. As previously described for
ECCN 6E001, ECCN 6A990 ``technology'' (for ``development'' or
``production'') and ECCN 6A999.c ``technology'' (for ``development,''
``production'' or ``use'') are controlled under ECCN 6E990 and ECCN
6E991, respectively.
New Paragraph In ECCN 6E993--``Technology'' for Specified Infrared Up-
Conversion Devices
This rule adds paragraph .e in ECCN 6E993 to control ``technology''
``required'' for the ``development'' or ``production'' of infrared up-
conversion devices used to convert near-infrared light into visible
light using an organic light emitting diode, which can be used in
conventional night vision devices used for home energy inspection or
night photography. The item also has important military and law
enforcement applications, which is why BIS is imposing a worldwide
licensing requirement, except for Canada. New ECCN 6E993.e requires a
license to all destinations, except Canada, for RS Column 1 reasons.
The existing AT Column 1 reason for control that applies to paragraphs
.a through .d also applies to new paragraph .e and to its subparagraphs
.e.1 and .e.2.
License Exceptions
License exceptions are described in Part 740 of the EAR. License
exceptions may be available for these items if there are no applicable
restrictions in section 740.2(a) and all conditions of the respective
license exceptions are met for the particular proposed transaction.
Foreign Policy Report
The application of regional stability controls to the items covered
by this rule imposes a foreign policy control. Section 6(f) of the
Export Administration Act requires that a report be delivered to
Congress before imposing such controls. The report was delivered to
Congress on September 24, 2014.
Export Administration Act
Since August 21, 2001, the Export Administration Act has been in
lapse and the President, through Executive Order 13222 of August 17,
2001 (3 CFR, 2001 Comp., 783 (2002)), as amended by Executive Order
13637 of March 8, 2013, 78 FR 16129 (March 13, 2013), and extended most
recently by the Notice of August 7, 2014, 79 FR 46959 (August 11,
2014), has continued the EAR in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Export Administration Act, as appropriate and to the
extent permitted by law, pursuant to Executive Order 13222 as amended
by Executive Order 13637.
Saving Clause
Shipments of items removed from eligibility for export or reexport
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 November 13, 2014,
pursuant to actual orders for export or reexport 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 or reexported before November 28, 2014. Any such items not
actually exported or reexported before midnight, on November 28, 2014,
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 January 12, 2015. Beginning
at midnight on January 12, 2015, 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.
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
[[Page 61574]]
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility. This rule
has been determined to be a significant regulatory action, although not
economically significant, under section 3(f) of Executive Order 12866.
Accordingly, the rule has been reviewed by the Office of Management and
Budget (OMB).
2. This rule involves collections previously approved by the Office
of Management and Budget (OMB) under Control Number 0694-0088, ``Multi-
Purpose Application,'' which carries a burden hour estimate of 43.8
minutes to prepare and submit form BIS-748. Total burden hours
associated with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA) and OMB Control Number 0694-0088 are not expected to
increase significantly as a result of this rule. Notwithstanding any
other provisions of law, no person is required to respond to, nor be
subject to a penalty for failure to comply with a collection of
information subject to the requirements of the PRA, unless that
collection of information displays a currently valid OMB Control
Number.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public comment and a delay in effective date are inapplicable because
this regulation involves a military or foreign affairs function of the
United States (See 5 U.S.C. 553(a)(1)). BIS is implementing this rule
to protect U.S. national security and foreign policy interests by
imposing an export and reexport license requirement on Read-Out
Integrated Circuits, Radar for Helicopter Landing Systems, Seismic
Intrusion Detection Systems, and Technology for Specified Infrared Up-
Conversion Devices that are used in important sensor applications. The
Departments of Commerce, State and Defense determined that immediate
imposition of license requirements for these items is warranted to
protect U.S. national security and foreign policy interests.
Specifically, those agencies have determined that the items described
in this rule warrant controls because of their potential military
applications, which are noted above.
Further, BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation will
allow BIS to prevent exports of these items to users and for uses that
pose a national security threat to the United States or its allies. If
BIS delayed this rule to allow for a 30-day delay in effectiveness, the
resulting delay in implementation would afford an opportunity for the
export of these items to users and uses that pose such a national
security threat, thereby undermining the purpose of the rule.
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Although
notice and opportunity for comment are not required, BIS is issuing
this rule as an interim final rule with a request for comments. All
comments must be in writing and submitted via one or more of the
methods listed under the ADDRESSES caption to this notice. All comments
(including any personal identifiable information) will be available for
public inspection and copying. Those wishing to comment anonymously may
do so by submitting their comment via regulations.gov and leaving the
fields for identifying information blank.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 774--[AMENDED]
0
1. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 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; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014).
0
2. Supplement No. 1 to Part 774--The Commerce Control List, Category 6,
is amended by adding a new ECCN 6A990 entry, immediately following the
entry for Export Control Classification Number (ECCN) 6A226 and
immediately preceding the entry for ECCN 6A991, to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
6A990 Read-out integrated circuits (ROICs) that enable 3D automotive
imaging and ranging in the wavelength range exceeding 1,200 nm, but
not exceeding 3,000 nm, at distances up to 150 m.
License Requirements
Reason for Control: RS, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
0
3. Supplement No. 1 to Part 774--The Commerce Control List, Category 6,
ECCN 6A998 is amended by revising the ``License Requirements'' section
and adding paragraph c. to the ``Items'' paragraph of the ``List of
Items Controlled'' section to read as follows:
6A998 Radar systems, equipment and ``major components,'' n.e.s., and
``specially designed'' ``components'' therefor, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to 6A998.b..................... RS Column 1
RS applies to 6A998.c..................... RS Column 2
AT applies to entire entry................ AT Column 1
* * * * *
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items: * * *
c. Millimeter wave enhanced vision radar imaging systems
``specially designed'' for rotary wing aircraft and having all of
the following:
c.1. Operates at a frequency of 94 GHz;
c.2. An average output power of less than 20 mW;
c.3. Radar beam width of 1 degree; and
c.4. Operating range equal to or greater than 1500 m.
0
4. Supplement No. 1 to Part 774--The Commerce Control List, Category 6,
ECCN 6A999 is amended by:
0
a. Revising the ``License Requirements'' section;
[[Page 61575]]
0
b. Revising paragraph a. to the ``Items'' paragraph of the ``List of
Items Controlled'' section; and
0
c. Adding paragraph c. to the ``Items'' paragraph of the ``List of
Items Controlled'' section to read as follows:
6A999 Specific processing equipment, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to 6A999.c..................... RS Column 2
AT applies to entire entry. A license is required for items
controlled by this entry to North Korea for anti-terrorism reasons.
The Commerce Country Chart is not designed to determine AT licensing
requirements for this entry. See Sec. 742.19 of the EAR for
additional information.
* * * * *
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items:
a. Seismic detection equipment not controlled in paragraph c.
b. * * *
c. Seismic intrusion detection systems that detect, classify and
determine the bearing on the source of a detected signal.
0
5. Supplement No. 1 to Part 774--The Commerce Control List, Category 6,
ECCN 6D991 is amended by revising the heading and ``License
Requirements'' section to read as follows:
6D991 ``Software,'' n.e.s., ``specially designed'' for the
``development'', ``production'', or ``use'' of commodities
controlled by 6A002.a.1.d, 6A990, 6A991, 6A996, 6A997, or 6A998.
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to ``software'' for commodities RS Column 1
controlled by 6A002.a.1.d, 6A990, or
6A998.b.
RS applies to ``software'' for 6A998.c.... RS Column 2
AT applies to entire entry, except AT Column 1
``software'' for commodities controlled
by 6A991.
AT applies to ``software'' for commodities AT Column 2
controlled by 6A991.
* * * * *
0
6. Supplement No. 1 to Part 744--The Commerce Control List, Category 6,
ECCN 6D993 is amended by:
0
a. Revising the ``License Requirements'' section; and
0
b. adding paragraphs b. and c. to the ``Items'' paragraph of the ``List
of Items Controlled'' section to read as follows:
6D993 Other ``software,'' not controlled by 6D003, as follows (see
List of Items Controlled).
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to 6D993.c..................... RS Column 1
RS applies to 6D993.b..................... RS Column 2
AT applies to entire entry................ AT Column 1
* * * * *
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items: * * *
b. ``Software'' ``specially designed'' for seismic intrusion
detection systems in 6A999.c.
c. ``Source Code'' ``specially designed'' for seismic intrusion
detection systems in 6A999.c.
0
7. Supplement No. 1 to Part 774--The Commerce Control List, Category 6
ECCN 6E001 is amended by revising the heading to read as follows:
6E001 ``Technology'' according to the General Technology Note for
the ``development'' of equipment, materials or ``software''
controlled by 6A (except 6A990, 6A991, 6A992, 6A994, 6A995, 6A996,
6A997 6A998, or 6A999.c), 6B (except 6B995), 6C (except 6C992 or
6C994), or 6D (except 6D991, 6D992, or 6D993).
* * * * *
0
8. Supplement No. 1 to Part 774--The Commerce Control List, Category 6,
ECCN 6E002 is amended by revising the heading to read as follows:
6E002 ``Technology'' according to the General Technology Note for
the ``production'' of equipment or materials controlled by 6A
(except 6A990, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, 6A998 or
6A999.c), 6B (except 6B995) or 6C (except 6C992 or 6C994).
* * * * *
0
9. Supplement No. 1 to Part 774--The Commerce Control List, Category 6
is amended by adding ECCN 6E990 immediately following the entry for
ECCN 6E202 and immediately preceding the entry for ECCN 6E991, to read
as follows:
6E990 Technology ``required'' for the ``development'' or
``production'' of commodities controlled by ECCN 6A990.
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
CIV: N/A
TSR: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
0
10. In Supplement No. 1 to Part 774--The Commerce Control List,
Category 6, ECCN 6E991 is revised to read as follows:
6E991 ``Technology'' for the ``development'', ``production'' or ``use''
of equipment controlled by 6A991, 6A996, 6A997, 6A998 or 6A999.c.
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to ``technology'' for equipment RS Column 1
controlled by 6A998.b, 6A998.c and
6A999.c.
AT applies to entire entry, except AT Column 1
``technology'' for equipment controlled
by 6A991.
AT applies to ``technology'' for equipment AT Column 2
controlled by 6A991.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
CIV: N/A
TSR: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
0
11. Supplement No. 1 to Part 774--The Commerce Control List, Category
6, ECCN 6E993 is amended by:
0
a. Revising the ``License Requirements'' section; and
[[Page 61576]]
0
b. Adding paragraph e. to the ``Items'' paragraph of the ``List of
Items Controlled'' section to read as follows:
6E993 Other ``technology,'' not controlled by 6E003, as follows (see
List of Items Controlled).
License Requirements
Reason for Control: RS, AT
Country chart (See Supp. No.
Control(s) 1 to part 738)
RS applies to 6E993.e..................... RS Column 1
AT applies to entire entry................ AT Column 1
* * * * *
List of Items Controlled
Related Controls: * * *
Related Definition: * * *
Items: * * *
e. ``Technology'' ``required'' for the ``development'' or
``production'' of infrared up-conversion devices having all of the
following:
e.1. A response in the wavelength range exceeding 700 nm but not
exceeding 1500 nm; and
e.2. A combination of an infrared photodetector, light emitting
diode (OLED), and nanocrystal to convert infrared light into visible
light.
* * * * *
Dated: October 7, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-24359 Filed 10-10-14; 8:45 am]
BILLING CODE 3510-33-P
