Editorial Corrections to the Commerce Control List of the Export Administration Regulations, 72917-72920 [2012-29143]
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Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations
(iii) Otherwise Violation (1978), from
$650 to $650.
(14) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and
Management Act (1990), from $140,000
to $140,000.
(15) 16 U.S.C. 2437(a)(1), Antarctic
Marine Living Resources Convention
Act of 1984;
(i) Violation, from $6,500 to $6,500.
(ii) Knowing Violation, from $11,000
to $11,000.
(16) 16 U.S.C. 2465(a), Antarctic
Protection Act of 1990;
(i) Violation, from $6,500 to $6,500.
(ii) Knowing Violation, from $11,000
to $11,000.
(17) 16 U.S.C. 3373(a), Lacey Act
Amendments of 1981;
(i) Sale and Purchase Violation, from
$11,000 to $11,000.
(ii) Marking Violation, from $275 to
$275.
(iii) False Labeling Violation, from
$11,000 to $11,000.
(iv) Other than Marking Violation,
from $11,000 to $11,000.
(18) 16 U.S.C. 3606(b)(1), Atlantic
Salmon Convention Act of 1982 (1990),
from $140,000 to $140,000.
(19) 16 U.S.C. 3637(b), Pacific Salmon
Treaty Act of 1985 (1990), from
$140,000 to $140,000.
(20) 16 U.S.C. 4016(b)(1)(B), Fish and
Seafood Promotion Act of 1986;
minimum from $500 to $500; maximum
from $6,500 to $6,500.
(21) 16 U.S.C. 5010(a)(1), North
Pacific Anadromous Stocks Act of 1992,
from $130,000 to $130,000.
(22) 16 U.S.C. 5103(b)(2), Atlantic
Coastal Fisheries Cooperative
Management Act (1993), from $140,000
to $140,000.
(23) 16 U.S.C. 5154(c)(1), Atlantic
Striped Bass Conservation Act (1990),
from $140,000 to $140,000.
(24) 16 U.S.C. 5507(a)(1), High Seas
Fishing Compliance Act of 1995, from
$130,000 to $130,000.
(25) 16 U.S.C. 5606(b), Northwest
Atlantic Fisheries Convention Act of
1995, from $140,000 to $140,000.
(26) 16 U.S.C. 6905(c), Western and
Central Pacific Fisheries Convention
Implementation Act (2007), from
$140,000 to $140,000.
(27) 16 U.S.C. 7009(c), Pacific Whiting
Act of 2006 (2007); from $140,000 to
$140,000.
(28) 22 U.S.C. 1978(e), Fishermen’s
Protective Act of 1967 (1971);
(i) Violation, from $11,000 to $11,000.
(ii) Subsequent Violation, from
$32,500 to $32,500.
(29) 30 U.S.C. 1462(a), Deep Seabed
Hard Mineral Resources Act (1980),
from $32,500 to $32,500.
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(30) 42 U.S.C. 9152(c)(1), Ocean
Thermal Energy Conversion Act of 1980,
from $32,500 to $32,500.
DEPARTMENT OF COMMERCE
3. Section 6.5 is revised to read as
follows:
15 CFR Part 774
§ 6.5
72917
[Docket No. 120320200–2296–01]
■
Effective Date of Adjustments.
The adjustments made by § 6.4 of this
part, of the penalties there specified, are
effective on December 7, 2012, and said
penalties, as thus adjusted by the
adjustments made by § 6.4 of this part,
shall apply only to violations occurring
after December 7, 2012, and before the
effective date of any future inflation
adjustment thereto made subsequent to
December 7, 2012 as provided in § 6.6
of this part.
[FR Doc. 2012–28503 Filed 12–6–12; 8:45 am]
BILLING CODE 3510–DP–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 744
Addition of Certain Persons to the
Entity List
Correction
In rule document 2012–28919
appearing on pages 71097–71099 in the
issue of Thursday, November 29, 2012,
make the following changes:
PART 744—[CORRECTED]
1. On page 71099, in the table
‘‘Supplement No. 4 to Part 744—Entity
List’’, in the fifth column, in the fourth
row, ‘‘77 FR [INSERT FR PAGE
NUMBER] 11/30/12.’’ should read, ‘‘77
FR [INSERT FR PAGE NUMBER] 11/29/
12.’’
2. On the same page, in the same
table, in the same column, in the sixth
row, ‘‘77 FR [INSERT FR PAGE
NUMBER] 11/30/12.’’ should read, ‘‘77
FR [INSERT FR PAGE NUMBER] 11/29/
12.’’
3. On the same page, in the same
table, in the same column, in the tenth
row, ‘‘77 FR [INSERT FR PAGE
NUMBER] 11/30/12.’’ should read, ‘‘77
FR [INSERT FR PAGE NUMBER] 11/29/
12.’’
[FR Doc. C1–2012–28919 Filed 12–6–12; 8:45 am]
BILLING CODE 1505–01–D
Fmt 4700
Editorial Corrections to the Commerce
Control List of the Export
Administration Regulations
Bureau of Industry and
Security, Commerce.
AGENCY:
ACTION:
Sfmt 4700
Final rule.
This final rule corrects
reference and typographical errors in
the Commerce Control List (CCL) in the
Export Administration Regulations
(EAR). The corrections are primarily
editorial in nature and do not affect
license requirements. A technical
standard in ECCN 3A991 is revised.
SUMMARY:
Effective on December 7, 2012.
FOR FURTHER INFORMATION CONTACT:
RIN 0694–AF80
Frm 00005
RIN 0694–AF62
DATES:
[Docket No. 121009527–2527–01]
PO 00000
Bureau of Industry and Security
Robert Monjay, Office of Exporter
Services, Bureau of Industry and
Security, by telephone (202) 482–2440
or email: Robert.Monjay@bis.doc.gov.
This final
rule updates seven categories of the
Commerce Control List (CCL) to correct
spelling and typographical errors and
inaccurate internal references, and to
provide a complete and more accurate
description of controls and the related
items on the CCL.
SUPPLEMENTARY INFORMATION:
Category 0, Nuclear Materials,
Facilities, and Equipment And
Miscellaneous Items
ECCN 0A018.c is amended to correct
an error in a final rule published by BIS
on March 30, 2004 (69 FR 16478,
16480). The March 20, 2004, rule
contained duplicative language and did
not include the word ECCN prior to a
reference to a related ECCN. To correct
these errors, this rule removes the
phrase ‘‘that were not specifically
designed for hunting or sporting
purposes’’ and adds the word ‘‘ECCN’’
before the word ‘‘0A984’’ in the Note to
0A018.c.
ECCN 0B001.g.2 is amended to correct
an error in a final rule published by BIS
on January 15, 1998 (63 FR 2452, 2462).
The January 15, 1998, rule included an
unnecessary apostrophe in the word
‘‘alloys’’. To correct this error, the rule
deletes the apostrophe from the word
‘‘alloy’s’’ in ECCN 0B001.g.2.
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Category 1, Special Materials and
Related Equipment, Chemicals,
‘‘Microorganisms,’’ and ‘‘Toxins’’
ECCN 1B999.a and 1C999.f are
amended to correct typographical errors
in a final rule published by BIS on June
19, 2000 (65 FR 38148, 38162). The June
19, 2000, rule misspelled ‘‘fluorine’’ in
these two ECCNs. To correct these
errors, this rule removes the word
‘‘flourine’’ from these two ECCNs and
inserts the word ‘‘fluorine’’ in its place.
ECCN 1C350 is amended to update
the mailing address for the Quarterly
Report requirement to the Bureau of
Industry and Security. The BIS
mailroom is no longer Room 2705. Mail
for BIS should now be directed to Room
2099B. Consistent with this room
change, this rule changes the references
to the ‘‘Room 2705’’ in paragraph (e) of
the License Requirements Notes 1 to the
‘‘Room 2099B’’.
The final paragraph of Category 1,
describing the designation EAR99, is
amended to correct an error in a final
rule published by BIS on January 15,
1998 (63 FR 2452, 2484). The January
15, 1998, rule changed the language of
the EAR99 paragraph in Categories 1
and 2 only to ‘‘Items subject to the EAR
that are not elsewhere controlled by this
CCL Category or in any other category
in the CCL are designated by the
number EAR99.’’ To correct this error,
this rule removes the language
‘‘controlled by’’ and inserts ‘‘specified
in’’ in its place.
Category 2, Materials Processing
The final paragraph of Category 2,
describing the designation EAR99, is
amended to correct an error in a final
rule published by BIS on January 15,
1998 (63 FR 2452, 2484). The January
15, 1998, rule changed the language of
the EAR99 paragraph in Categories 1
and 2 only to ‘‘Items subject to the EAR
that are not elsewhere controlled by this
CCL Category or in any other category
in the CCL are designated by the
number EAR99.’’ To correct this error,
this rule removes the language
‘‘controlled by’’ and inserts ‘‘specified
in’’ in its place.
srobinson on DSK4SPTVN1PROD with
Category 3, Electronics
ECCN 3A991 is amended by revising
the technical standard in items
paragraph .j.2 from an energy density of
250 Wh/kg or less at 293 K to an energy
density of 300 Wh/kg or less at 293 K.
A final rule published on July 2, 2012
(77 FR 39354), changed the technical
standard in ECCN 3A001, items
paragraph .e.1.b, from an energy density
exceeding 250 Wh/kg at 293 K to an
energy density exceeding 300 Wh/kg at
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293 K. When a multilateral regime
control standard is modified, the
standard practice is to retain the AT
control by increasing the technical
standard in the corresponding AT-only
control. The July 2, 2012 rule did not
change the corresponding control in
3A991.j.2. This rule implements that
change by increasing the technical
standard in items paragraph .j.2 to an
energy density of 300 Wh/kg or less at
293 K.
Category 4, Computers
ECCN 4D994 is amended by revising
the heading to remove the references to
ECCN 4B994 and ECCN 4C994. A final
rule published by BIS on June 28, 2010,
removed ECCNs 4B994 and 4C994 and
reserved Category 4B and 4C in their
entirety. The heading of ECCN 4D994
refers to both ECCNs 4B994 and 4C994.
It creates confusion to reference ECCNs
that no longer exist. To resolve this
confusion, this rule removes the phrase
‘‘4B994, and materials controlled by
4C994.’’
Category 5, Telecommunications and
‘‘Information Security’’
The Title to this Category is amended
by modifying the numbering of the
subsections to Category 5. ‘‘I.
Telecommunications’’ is changed to
‘‘Part 1—Telecommunications’’ and ‘‘II.
‘Information Security’’’ is changed to
‘‘Part 2—‘Information Security’ ’’ to
remain consistent with the Wassenaar
Arrangement and to make these
headings conform to the many
references in the regulatory language of
the EAR.
Category 5, Part 1. Telecommunications
ECCN 5A101 is amended to correct an
error in a final rule published by BIS on
May 4, 2004 (69 FR 24508, 24510). The
May 4, 2004, rule included the word
‘‘Item’’ at the beginning of a note to
ECCN 5A101. This rule corrects the
error by removing the word ‘‘Item’’ from
the beginning of the final note to ECCN
5A101.
ECCN 5A991 is amended:
a. By adding ECCN 5E001.c to the
Related Controls paragraph. The
reference is appropriate to identify
potentially applicable controls of
technology under ECCN 5E001.c for the
‘‘development’’ and ‘‘production’’ of
commodities controlled under 5A991.
This change will improve the ability of
users of the Export Administration
Regulations to correctly identify the
classification of the technologies related
to these commodities.
b. To correct an error in a final rule
published by BIS on December 10, 2003
(68 FR 68976, 68989). The December 10,
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
2003, rule moved the note to 5A991.c.10
to before 5A991.c.10. To correct this
error, this rule removes the language
‘‘Note: 5A991.c.10 does not control
packet switches or routers with ports or
lines not exceeding the limits in
5A991.c.10.’’ from before 5A991.c.10
and inserts it before 5A991.c.11.
Category 6, Sensors and Lasers
ECCN 6A005.f.3 is amended to correct
an error in a final rule published by BIS
on May 26, 2011 (76 FR 30538, 30539).
The May 26, 2011, rule used the word
‘‘lambda’’ in place of the symbol ‘‘l’’ at
6A005.f.3. To correct this error, this rule
removes the word ‘‘lambda’’ and inserts
the symbol ‘‘l’’ in its place.
Category 8, Marine
ECCN 8A992.b is amended to correct
an error in a final rule published by BIS
on March 5, 1999 (64 FR 18052, 10869).
The March 5, 1999 rule used the
incorrect spelling of ‘‘autofocusing,’’
‘‘focusing,’’ and ‘‘format.’’ To correct the
error, this rule removes the words
‘‘autofocussing’’, ‘‘focussing’’, and
‘‘formate’’ and inserts ‘‘autofocusing’’,
‘‘focusing’’, and ‘‘format’’ in the
respective places in 8A992.b.
Category 9, Aerospace and Propulsion
ECCN 9B116 is amended to correct an
error in a final rule published by BIS on
November 21, 2002 (67 FR 70157,
70158). The November 21, 2002, rule
inserted a reference in the Related
Controls paragraph to ‘‘the ‘production
equipment’ controlled in this entry’’
while 9B116 controls only ‘‘production
facilities.’’ There was also a semicolon
in place of a comma in the list of related
controls. To correct this error, the rule
removes the phrase ‘‘production
equipment’’ and inserts ‘‘production
facilities’’ in its place and removes the
semicolon and inserts a comma in its
place. This rule also removes the word
‘‘is’’ and inserts the word ‘‘are’’ in its
place to create subject verb agreement.
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as extended by the
Notice of August 15, 2012, 77 FR 49699
(August 16, 2012), 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.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
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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
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been determined to be not
significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with a collection of information, subject
to the requirements of Paperwork
Reduction Act, unless that collection of
information displays a currently valid
Office of Management and Budget
Control Number. This rule does not
affect any paperwork collection. This
rule does not contain policies with
Federalism implications as that term is
defined under E.O. 13132.
3. The Department of Commerce finds
that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of
the Administrative Procedure Act
otherwise requiring prior notice and the
opportunity for public comment
because they are unnecessary. All of the
revisions made by this rule, except the
modification of the technical standard
in ECCN 3A991, are administrative in
nature and do not affect the privileges
and obligations of the public. Because
these revisions are not substantive
changes to the EAR, the 30-day delay in
effectiveness otherwise required by 5
U.S.C. 553(d) is not applicable. The
modification of the technical standard
in ECCN 3A991 is to correct an
oversight in a final rule published on
July 2, 2012 (77 FR 39353), which was
published without requiring notice of
proposed rulemaking, the opportunity
for public participation, or a delay in
effective date, as a military and foreign
affairs function of the United States (5
U.S.C. 553(a)(1)). As the modification of
the technical standard was intended to
be included in that final rule, immediate
implementation of this correction to the
amendments in the July 2, 2012 (77 FR
39353), rule fulfills the United States’
international obligation to the
Wassenaar Arrangement on Export
Controls for Conventional Arms and
Dual-Use Goods and Technologies. No
other law requires that a notice of
proposed rulemaking and opportunity
for public comment be given for this
rule. The analytical requirements of the
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Regulatory Flexibility Act (5 U.S.C. 601
et. seq.) are not applicable.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, Part 774 of the EAR (15
CFR Parts 730–774) is amended as
follows:
PART 774—[AMENDED]
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 15, 2012, 77
FR 49699 (August 16, 2012).
2. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0,
ECCN 0A018 is amended by revising the
Note to paragraph (c) of the Items
paragraph in the List of Items Controlled
section to read as follows:
■
Supplement No. 1 to Part 774—
Commerce Control List
*
*
*
*
*
0A018 Items on the Wassenaar
Munitions List.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
*
*
*
*
*
c. * * *
*
*
*
*
3. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 0,
ECCN 0B001 is amended by removing
the apostrophe from the word ‘‘alloy’s’’
in paragraph g.2. in the Items paragraph
of the List of Items Controlled section.
■ 4. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1,
ECCN 1B999 is amended by removing
the word ‘‘flourine’’ and adding in its
place the word ‘‘fluorine’’ in paragraph
a. of the Items paragraph in the List of
Items Controlled section.
■ 5. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1,
ECCN 1C350 is amended by removing
the phrase ‘‘Room 2705’’ and adding its
place the phrase ‘‘Room 2099B’’ in
■
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
paragraph e. of License Requirement
Notes 1 in the License Requirements
section.
■ 6. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1,
ECCN 1C999 is amended by removing
the word ‘‘flourine’’ and adding in its
place the word ‘‘fluorine’’ in paragraph
f. of the Items paragraph in the List of
Items Controlled section.
■ 7. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 1
is amended by revising the EAR99
paragraph to read as follows:
Category 1
*
*
*
*
*
EAR99 Items Subject to the EAR That
Are Not Elsewhere Specified in This
CCL Category or in Any Other Category
in the CCL Are Designated by the
Number EAR99.
8. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 2
is amended by revising the EAR99
paragraph read as follows:
Category 2
*
*
*
*
*
■
EAR99 Items Subject to the EAR That
Are Not Elsewhere Specified in This
CCL Category or in Any Other Category
in the CCL Are Designated by the
Number EAR99.
9. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 3,
ECCN 3A991 is amended by revising
paragraph j.2. in the Items paragraph in
the List of Items Controlled section to
read as follows:
■
3A991 Electronic Devices and
Components not Controlled by 3A001.
Note: 0A018.c does not control weapons
used for hunting or sporting purposes that
were not specially designed for military use
and are not of the fully automatic type, but
see ECCN 0A984 concerning shotguns.
*
72919
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
*
*
*
*
*
j. * * *
*
*
*
*
*
j.2. Secondary cells having an energy
density of 300 Wh/kg or less at 293 K
(20 °C).
*
*
*
*
*
■ 10. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 4,
ECCN 4D994 is amended by revising the
heading to read as follows:
4D994 ‘‘Software’’ Other Than That
Controlled in 4D001 Specially Designed
or Modified for the ‘‘Development’’,
‘‘Production’’, or ‘‘Use’’ of Equipment
Controlled by 4A101 and 4A994.
*
*
*
*
*
11. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 5
■
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is amended by removing the heading ‘‘I.
Telecommunications’’ and adding in its
place ‘‘Part 1—Telecommunications’’ to
read as follows:
CATEGORY 5—
TELECOMMUNICATIONS AND
‘‘INFORMATION SECURITY’’
Items:
*
*
c. * * *
*
*
*
*
*
*
*
*
*
12. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 5,
Part 1, ECCN 5A101 is amended by
revising the final Note in the Items
paragraph of the List of Items Controlled
section to read as follows:
■
5A101 Telemetering and Telecontrol
Equipment, Including Ground
Equipment, Designed or Modified for
Unmanned Aerial Vehicles or Rocket
Systems (Including Ballistic Missile
Systems, Space Launch Vehicles,
Sounding Rockets, Cruise Missile
Systems, Target Drones, and
Reconnaissance Drones) Capable of a
Maximum ‘‘Range’’ Equal to or Greater
Than 300 km.
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
*
*
*
*
*
Note: 5A101 does not include items
not designed or modified for unmanned
aerial vehicles or rocket systems
(including ballistic missile systems,
space launch vehicles, sounding
rockets, cruise missile systems, target
drones, and reconnaissance drones)
capable of a maximum ‘‘range’’ equal to
or greater than 300 km (e.g., telemetry
circuit cards limited by design to
reception only and designed for use in
personal computers).
*
*
*
*
*
■ 13. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 5,
Part 1, ECCN 5A991, List of Items
Controlled section is amended by:
a. Revising the second sentence of the
Related Controls paragraph; and
b. Amending the Items Paragraph by
removing the Note that reads
‘‘5A991.c.10 does not control packet
switches or routers with ports or lines
not exceeding the limits in 5A991.c.10.’’
and adding it above paragraph c.11, to
read as follows:
srobinson on DSK4SPTVN1PROD with
5A991 Telecommunication
Equipment, Not Controlled by 5A001.
*
*
*
*
*
List of Items Controlled
Unit: * * *
Related Controls: * * * See also
5E001.c, 5E101 and 5E991.
Related Definitions: * * *
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*
*
*
Note: 5A991.c.10 does not control packet
switches or routers with ports or lines not
exceeding the limits in 5A991.c.10.
PART 1—TELECOMMUNICATIONS
*
*
*
c.11. ‘‘Optical switching’’;
*
*
*
*
14. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 5
is amended by removing the heading
‘‘II. Information Security’’ and adding in
its place ‘‘Part 2—Information Security’’
to read as follows:
■
CATEGORY 5—
TELECOMMUNICATIONS AND
‘‘INFORMATION SECURITY’’
9B116 Specially Designed
‘‘Production Facilities’’ for the Systems,
Sub-Systems, and Components
Controlled by 9A004 to 9A009, 9A011,
9A012, 9A101, 9A104 to 9A109, 9A111,
9A116 to 9A119.
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Related Controls: Although items
described in ECCNs 9A004 to 9A009,
9A011, 9A101, 9A104 to 9A109, 9A111,
and 9A116 to 9A119 are subject to the
export licensing authority of the
Department of State, Directorate of
Defense Trade Controls (22 CFR part
121), the ‘‘production facilities’’
controlled in this entry that are related
to these items is subject to the export
licensing authority of BIS.
*
*
*
*
*
PART 2—‘‘INFORMATION
SECURITY’’
Dated: November 26, 2012.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
*
[FR Doc. 2012–29143 Filed 12–6–12; 8:45 am]
*
*
*
*
*
*
*
*
*
15. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 6,
ECCN 6A005, List of Items Controlled
section is amended by removing the
word ‘‘lambda’’ and inserting the
symbol ‘‘l’’ in its place in paragraph f.3.
of the Items paragraph.
■ 16. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 8,
ECCN 8A992, List of Items Controlled
section is amended by revising
paragraph b. in the Items paragraph to
read as follows:
BILLING CODE 3510–33–P
8A992 Vessels, Marine Systems or
Equipment, Not Controlled by 8A001,
8A002 or 8A018, and Specially
Designed Parts Therefor.
AGENCY:
■
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
*
*
*
*
*
b. Photographic still cameras specially
designed or modified for underwater
use, having a film format of 35 mm or
larger, and having autofocusing or
remote focusing specially designed for
underwater use;
*
*
*
*
*
17. In Supplement No. 1 to Part 774
(the Commerce Control List), Category 9,
ECCN 9B116, List of Items Controlled
section is amended by revising the
Related Controls paragraph to read as
follows:
■
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 232
[Docket No. FR–5537–F–02]
RIN–2502–AJ04
Federal Housing Administration (FHA)
Section 232 Healthcare Mortgage
Insurance Program: Partial Payment of
Claims
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Final rule.
This rule amends the
regulations governing FHA’s Section
232 Healthcare Mortgage Insurance
program (Section 232 program) by
establishing the criteria and process by
which FHA will accept and pay a partial
payment of a claim under the FHA
mortgage insurance contract. The
Section 232 program insures mortgage
loans to facilitate the construction,
substantial rehabilitation, purchase, and
refinancing of nursing homes,
intermediate care facilities, board and
care homes, and assisted-living
facilities. Through acceptance and
payment of a partial payment of claim,
FHA pays the lender a portion of the
unpaid principal balance and recasts a
portion of the mortgage under terms and
conditions determined by FHA, as an
alternative to the lender assigning the
SUMMARY:
E:\FR\FM\07DER1.SGM
07DER1
]]>Agencies
[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72917-72920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29143]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 120320200-2296-01]
RIN 0694-AF62
Editorial Corrections to the Commerce Control List of the Export
Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule corrects reference and typographical errors in
the Commerce Control List (CCL) in the Export Administration
Regulations (EAR). The corrections are primarily editorial in nature
and do not affect license requirements. A technical standard in ECCN
3A991 is revised.
DATES: Effective on December 7, 2012.
FOR FURTHER INFORMATION CONTACT: Robert Monjay, Office of Exporter
Services, Bureau of Industry and Security, by telephone (202) 482-2440
or email: Robert.Monjay@bis.doc.gov.
SUPPLEMENTARY INFORMATION: This final rule updates seven categories of
the Commerce Control List (CCL) to correct spelling and typographical
errors and inaccurate internal references, and to provide a complete
and more accurate description of controls and the related items on the
CCL.
Category 0, Nuclear Materials, Facilities, and Equipment And
Miscellaneous Items
ECCN 0A018.c is amended to correct an error in a final rule
published by BIS on March 30, 2004 (69 FR 16478, 16480). The March 20,
2004, rule contained duplicative language and did not include the word
ECCN prior to a reference to a related ECCN. To correct these errors,
this rule removes the phrase ``that were not specifically designed for
hunting or sporting purposes'' and adds the word ``ECCN'' before the
word ``0A984'' in the Note to 0A018.c.
ECCN 0B001.g.2 is amended to correct an error in a final rule
published by BIS on January 15, 1998 (63 FR 2452, 2462). The January
15, 1998, rule included an unnecessary apostrophe in the word
``alloys''. To correct this error, the rule deletes the apostrophe from
the word ``alloy's'' in ECCN 0B001.g.2.
[[Page 72918]]
Category 1, Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins''
ECCN 1B999.a and 1C999.f are amended to correct typographical
errors in a final rule published by BIS on June 19, 2000 (65 FR 38148,
38162). The June 19, 2000, rule misspelled ``fluorine'' in these two
ECCNs. To correct these errors, this rule removes the word ``flourine''
from these two ECCNs and inserts the word ``fluorine'' in its place.
ECCN 1C350 is amended to update the mailing address for the
Quarterly Report requirement to the Bureau of Industry and Security.
The BIS mailroom is no longer Room 2705. Mail for BIS should now be
directed to Room 2099B. Consistent with this room change, this rule
changes the references to the ``Room 2705'' in paragraph (e) of the
License Requirements Notes 1 to the ``Room 2099B''.
The final paragraph of Category 1, describing the designation
EAR99, is amended to correct an error in a final rule published by BIS
on January 15, 1998 (63 FR 2452, 2484). The January 15, 1998, rule
changed the language of the EAR99 paragraph in Categories 1 and 2 only
to ``Items subject to the EAR that are not elsewhere controlled by this
CCL Category or in any other category in the CCL are designated by the
number EAR99.'' To correct this error, this rule removes the language
``controlled by'' and inserts ``specified in'' in its place.
Category 2, Materials Processing
The final paragraph of Category 2, describing the designation
EAR99, is amended to correct an error in a final rule published by BIS
on January 15, 1998 (63 FR 2452, 2484). The January 15, 1998, rule
changed the language of the EAR99 paragraph in Categories 1 and 2 only
to ``Items subject to the EAR that are not elsewhere controlled by this
CCL Category or in any other category in the CCL are designated by the
number EAR99.'' To correct this error, this rule removes the language
``controlled by'' and inserts ``specified in'' in its place.
Category 3, Electronics
ECCN 3A991 is amended by revising the technical standard in items
paragraph .j.2 from an energy density of 250 Wh/kg or less at 293 K to
an energy density of 300 Wh/kg or less at 293 K. A final rule published
on July 2, 2012 (77 FR 39354), changed the technical standard in ECCN
3A001, items paragraph .e.1.b, from an energy density exceeding 250 Wh/
kg at 293 K to an energy density exceeding 300 Wh/kg at 293 K. When a
multilateral regime control standard is modified, the standard practice
is to retain the AT control by increasing the technical standard in the
corresponding AT-only control. The July 2, 2012 rule did not change the
corresponding control in 3A991.j.2. This rule implements that change by
increasing the technical standard in items paragraph .j.2 to an energy
density of 300 Wh/kg or less at 293 K.
Category 4, Computers
ECCN 4D994 is amended by revising the heading to remove the
references to ECCN 4B994 and ECCN 4C994. A final rule published by BIS
on June 28, 2010, removed ECCNs 4B994 and 4C994 and reserved Category
4B and 4C in their entirety. The heading of ECCN 4D994 refers to both
ECCNs 4B994 and 4C994. It creates confusion to reference ECCNs that no
longer exist. To resolve this confusion, this rule removes the phrase
``4B994, and materials controlled by 4C994.''
Category 5, Telecommunications and ``Information Security''
The Title to this Category is amended by modifying the numbering of
the subsections to Category 5. ``I. Telecommunications'' is changed to
``Part 1--Telecommunications'' and ``II. `Information Security''' is
changed to ``Part 2--`Information Security' '' to remain consistent
with the Wassenaar Arrangement and to make these headings conform to
the many references in the regulatory language of the EAR.
Category 5, Part 1. Telecommunications
ECCN 5A101 is amended to correct an error in a final rule published
by BIS on May 4, 2004 (69 FR 24508, 24510). The May 4, 2004, rule
included the word ``Item'' at the beginning of a note to ECCN 5A101.
This rule corrects the error by removing the word ``Item'' from the
beginning of the final note to ECCN 5A101.
ECCN 5A991 is amended:
a. By adding ECCN 5E001.c to the Related Controls paragraph. The
reference is appropriate to identify potentially applicable controls of
technology under ECCN 5E001.c for the ``development'' and
``production'' of commodities controlled under 5A991. This change will
improve the ability of users of the Export Administration Regulations
to correctly identify the classification of the technologies related to
these commodities.
b. To correct an error in a final rule published by BIS on December
10, 2003 (68 FR 68976, 68989). The December 10, 2003, rule moved the
note to 5A991.c.10 to before 5A991.c.10. To correct this error, this
rule removes the language ``Note: 5A991.c.10 does not control packet
switches or routers with ports or lines not exceeding the limits in
5A991.c.10.'' from before 5A991.c.10 and inserts it before 5A991.c.11.
Category 6, Sensors and Lasers
ECCN 6A005.f.3 is amended to correct an error in a final rule
published by BIS on May 26, 2011 (76 FR 30538, 30539). The May 26,
2011, rule used the word ``lambda'' in place of the symbol ``[lambda]''
at 6A005.f.3. To correct this error, this rule removes the word
``lambda'' and inserts the symbol ``[lambda]'' in its place.
Category 8, Marine
ECCN 8A992.b is amended to correct an error in a final rule
published by BIS on March 5, 1999 (64 FR 18052, 10869). The March 5,
1999 rule used the incorrect spelling of ``autofocusing,''
``focusing,'' and ``format.'' To correct the error, this rule removes
the words ``autofocussing'', ``focussing'', and ``formate'' and inserts
``autofocusing'', ``focusing'', and ``format'' in the respective places
in 8A992.b.
Category 9, Aerospace and Propulsion
ECCN 9B116 is amended to correct an error in a final rule published
by BIS on November 21, 2002 (67 FR 70157, 70158). The November 21,
2002, rule inserted a reference in the Related Controls paragraph to
``the `production equipment' controlled in this entry'' while 9B116
controls only ``production facilities.'' There was also a semicolon in
place of a comma in the list of related controls. To correct this
error, the rule removes the phrase ``production equipment'' and inserts
``production facilities'' in its place and removes the semicolon and
inserts a comma in its place. This rule also removes the word ``is''
and inserts the word ``are'' in its place to create subject verb
agreement.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2012, 77 FR 49699 (August 16, 2012), 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.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and
[[Page 72919]]
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
effects, distributive impacts, and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been determined to be not significant for purposes of
Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with a collection of information, subject to the
requirements of Paperwork Reduction Act, unless that collection of
information displays a currently valid Office of Management and Budget
Control Number. This rule does not affect any paperwork collection.
This rule does not contain policies with Federalism implications as
that term is defined under E.O. 13132.
3. The Department of Commerce finds that there is good cause under
5 U.S.C. 553(b)(3)(B) to waive the provisions of the Administrative
Procedure Act otherwise requiring prior notice and the opportunity for
public comment because they are unnecessary. All of the revisions made
by this rule, except the modification of the technical standard in ECCN
3A991, are administrative in nature and do not affect the privileges
and obligations of the public. Because these revisions are not
substantive changes to the EAR, the 30-day delay in effectiveness
otherwise required by 5 U.S.C. 553(d) is not applicable. The
modification of the technical standard in ECCN 3A991 is to correct an
oversight in a final rule published on July 2, 2012 (77 FR 39353),
which was published without requiring notice of proposed rulemaking,
the opportunity for public participation, or a delay in effective date,
as a military and foreign affairs function of the United States (5
U.S.C. 553(a)(1)). As the modification of the technical standard was
intended to be included in that final rule, immediate implementation of
this correction to the amendments in the July 2, 2012 (77 FR 39353),
rule fulfills the United States' international obligation to the
Wassenaar Arrangement on Export Controls for Conventional Arms and
Dual-Use Goods and Technologies. No other law requires that a notice of
proposed rulemaking and opportunity for public comment be given for
this rule. The analytical requirements of the Regulatory Flexibility
Act (5 U.S.C. 601 et. seq.) are not applicable.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, Part 774 of the EAR (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 15, 2012, 77 FR 49699 (August 16, 2012).
0
2. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, ECCN 0A018 is amended by revising the Note to paragraph (c)
of the Items paragraph in the List of Items Controlled section to read
as follows:
Supplement No. 1 to Part 774--Commerce Control List
* * * * *
0A018 Items on the Wassenaar Munitions List.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
c. * * *
Note: 0A018.c does not control weapons used for hunting or
sporting purposes that were not specially designed for military use
and are not of the fully automatic type, but see ECCN 0A984
concerning shotguns.
* * * * *
0
3. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, ECCN 0B001 is amended by removing the apostrophe from the
word ``alloy's'' in paragraph g.2. in the Items paragraph of the List
of Items Controlled section.
0
4. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1B999 is amended by removing the word ``flourine'' and
adding in its place the word ``fluorine'' in paragraph a. of the Items
paragraph in the List of Items Controlled section.
0
5. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C350 is amended by removing the phrase ``Room 2705''
and adding its place the phrase ``Room 2099B'' in paragraph e. of
License Requirement Notes 1 in the License Requirements section.
0
6. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, ECCN 1C999 is amended by removing the word ``flourine'' and
adding in its place the word ``fluorine'' in paragraph f. of the Items
paragraph in the List of Items Controlled section.
0
7. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1 is amended by revising the EAR99 paragraph to read as
follows:
Category 1
* * * * *
EAR99 Items Subject to the EAR That Are Not Elsewhere Specified in This
CCL Category or in Any Other Category in the CCL Are Designated by the
Number EAR99.
0
8. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 2 is amended by revising the EAR99 paragraph read as follows:
Category 2
* * * * *
EAR99 Items Subject to the EAR That Are Not Elsewhere Specified in This
CCL Category or in Any Other Category in the CCL Are Designated by the
Number EAR99.
0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, ECCN 3A991 is amended by revising paragraph j.2. in the
Items paragraph in the List of Items Controlled section to read as
follows:
3A991 Electronic Devices and Components not Controlled by 3A001.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
j. * * *
* * * * *
j.2. Secondary cells having an energy density of 300 Wh/kg or less
at 293 K (20 [deg]C).
* * * * *
0
10. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 4, ECCN 4D994 is amended by revising the heading to read as
follows:
4D994 ``Software'' Other Than That Controlled in 4D001 Specially
Designed or Modified for the ``Development'', ``Production'', or
``Use'' of Equipment Controlled by 4A101 and 4A994.
* * * * *
0
11. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5
[[Page 72920]]
is amended by removing the heading ``I. Telecommunications'' and adding
in its place ``Part 1--Telecommunications'' to read as follows:
CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''
PART 1--TELECOMMUNICATIONS
* * * * *
0
12. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5, Part 1, ECCN 5A101 is amended by revising the final Note in
the Items paragraph of the List of Items Controlled section to read as
follows:
5A101 Telemetering and Telecontrol Equipment, Including Ground
Equipment, Designed or Modified for Unmanned Aerial Vehicles or Rocket
Systems (Including Ballistic Missile Systems, Space Launch Vehicles,
Sounding Rockets, Cruise Missile Systems, Target Drones, and
Reconnaissance Drones) Capable of a Maximum ``Range'' Equal to or
Greater Than 300 km.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
Note: 5A101 does not include items not designed or modified for
unmanned aerial vehicles or rocket systems (including ballistic missile
systems, space launch vehicles, sounding rockets, cruise missile
systems, target drones, and reconnaissance drones) capable of a maximum
``range'' equal to or greater than 300 km (e.g., telemetry circuit
cards limited by design to reception only and designed for use in
personal computers).
* * * * *
0
13. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5, Part 1, ECCN 5A991, List of Items Controlled section is
amended by:
a. Revising the second sentence of the Related Controls paragraph;
and
b. Amending the Items Paragraph by removing the Note that reads
``5A991.c.10 does not control packet switches or routers with ports or
lines not exceeding the limits in 5A991.c.10.'' and adding it above
paragraph c.11, to read as follows:
5A991 Telecommunication Equipment, Not Controlled by 5A001.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: * * * See also 5E001.c, 5E101 and 5E991.
Related Definitions: * * *
Items:
* * * * *
c. * * *
* * * * *
Note: 5A991.c.10 does not control packet switches or routers
with ports or lines not exceeding the limits in 5A991.c.10.
c.11. ``Optical switching'';
* * * * *
0
14. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 5 is amended by removing the heading ``II. Information
Security'' and adding in its place ``Part 2--Information Security'' to
read as follows:
CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''
* * * * *
PART 2--``INFORMATION SECURITY''
* * * * *
0
15. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6, ECCN 6A005, List of Items Controlled section is amended by
removing the word ``lambda'' and inserting the symbol ``[lambda]'' in
its place in paragraph f.3. of the Items paragraph.
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8, ECCN 8A992, List of Items Controlled section is amended by
revising paragraph b. in the Items paragraph to read as follows:
8A992 Vessels, Marine Systems or Equipment, Not Controlled by 8A001,
8A002 or 8A018, and Specially Designed Parts Therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. Photographic still cameras specially designed or modified for
underwater use, having a film format of 35 mm or larger, and having
autofocusing or remote focusing specially designed for underwater use;
* * * * *
0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, ECCN 9B116, List of Items Controlled section is amended by
revising the Related Controls paragraph to read as follows:
9B116 Specially Designed ``Production Facilities'' for the Systems,
Sub-Systems, and Components Controlled by 9A004 to 9A009, 9A011, 9A012,
9A101, 9A104 to 9A109, 9A111, 9A116 to 9A119.
* * * * *
List of Items Controlled
* * * * *
Related Controls: Although items described in ECCNs 9A004 to 9A009,
9A011, 9A101, 9A104 to 9A109, 9A111, and 9A116 to 9A119 are subject to
the export licensing authority of the Department of State, Directorate
of Defense Trade Controls (22 CFR part 121), the ``production
facilities'' controlled in this entry that are related to these items
is subject to the export licensing authority of BIS.
* * * * *
Dated: November 26, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-29143 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-33-P
