Revisions to the Export Administration Regulations: Initial Implementation of Export Control Reform; Correction, 61743-61748 [2013-23498]
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Vol. 78
Thursday,
No. 192
October 3, 2013
Part VII
Department of Commerce
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Bureau of Industry and Security
15 CFR Parts 730, 732, 734, et al.
Revisions to the Export Administration Regulations: Initial Implementation of
Export Control Reform; Correction; Final Rule
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Federal Register / Vol. 78, No. 192 / Thursday, October 3, 2013 / Rules and Regulations
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 732, 734, 736, 738,
740, 742, 743, 744, 746, 748, 750, 756,
758, 762, 764, 770, 772, and 774
[Docket No. 120403246–3635–02]
RIN 0694–AF65
Revisions to the Export Administration
Regulations: Initial Implementation of
Export Control Reform; Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correction
AGENCY:
Background
The Bureau of Industry and
Security (BIS) is correcting a final rule
that appeared in the Federal Register of
April 16, 2013. As part of the Export
Control Reform (ECR) Initiative, the
Bureau of Industry and Security (BIS),
and the Directorate of Defense Trade
Controls (DDTC), Department of State,
have published multiple proposed
amendments to the Export
Administration Regulations (EAR) and
the International Traffic in Arms
Regulations (ITAR), respectively, to
strengthen national security by
fundamentally reforming the export
control system. The final rule
implements the initial ECR changes by
adding a structure and related
provisions to control munitions items
that the President has determined no
longer warrant export control on the
U.S. Munitions List (USML) on the
Commerce Control List (CCL),
specifically aircraft, gas turbine engines,
and related items. The final rule was
published in conjunction with a
Department of State document that
revises the USML so that upon the
effective date of both documents, the
USML and CCL and corresponding
regulatory structures will be
complementary. The Department of
State is also correcting their final rule
that appeared in the Federal Register of
April 16, 2013, in a document published
elsewhere in this issue of the Federal
Register.
SUMMARY:
DATES:
This rule is effective October 15,
2013.
Commerce’s full
retrospective regulatory review plan can
be accessed at: https://
open.commerce.gov/news/2011/08/23/
commerce-plan-retrospective-analysisexisting-rules.
FOR FURTHER INFORMATION CONTACT: For
general questions about the ‘‘600 series’’
control structure or transition related
questions, contact Hillary Hess,
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ADDRESSES:
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Regulatory Policy Division, Office of
Exporter Services, Bureau of Industry
and Security, at 202–482–2440 or rpd2@
bis.doc.gov. For technical questions
about the ECCNs included in this rule
contact Gene Christiansen, Office of
National Security and Technology
Transfer Controls, at 202–482–2984 or
gene.christiansen@bis.doc.gov. For
questions about the definition of
‘‘specially designed,’’ contact Timothy
Mooney, Regulatory Policy Division,
Office of Exporter Services, Bureau of
Industry and Security, at 202–482–2440
or timothy.mooney@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
The Bureau of Industry and Security
(BIS) provides the following corrections
to the final rule that appeared in the
Federal Register of April 16, 2013 (78
FR 22660). These include correcting
typographical and other minor
grammatical issues and correcting
certain amendatory instructions to
reflect the revised regulatory text
included in the final rule. In addition,
these corrections to the final rule
include updating cross references and
other regulatory text to ensure the
regulatory text reflects the intent of the
April 16 final rule and the regulatory
text of subsequent final rules published
implementing Export Control Reform.
In FR Doc. 2013–8352 appearing on
page 22660 in the Federal Register of
Tuesday, April 16, 2013, the following
corrections are made:
■ 1. On page 22674, in the second
column, in the second to the last
sentence in the first paragraph, ‘‘The
new provision would allow the
continued use of STA for exports of
controlled items to a foreign consignee
in one of the STA–36 countries so long
as the foreign consignee has a valid
license authorizing such a use of STA.’’
is corrected to read ‘‘The new provision
would allow the use of STA for exports,
reexports or in-country transfers to a
consignee in one of the Country Group
A:5 countries so long as the foreign
consignee has a valid license where the
United States Government has
authorized the ultimate end use, the
license or other authorization is in
effect, and the consignee verifies in
writing that they have such
authorization and provides the license
or other approval identifier to the
exporter.’’
■ 2. On page 22690, in the first column,
in the heading 10, ‘‘Paragraphs (b)(4)
and (b)(5), and the new paragraph (b)(6)
(i.e., the ‘‘development’’ exclusions)—
incorporating intent during the
development phase for consideration of
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whether to exclude certain commodities
from ‘‘specially designed’’ ’’ is corrected
to read ‘‘Paragraphs (b)(4) and (b)(5),
and the new paragraph (b)(6) (i.e., the
‘‘development’’ exclusions)—
incorporating intent during the
development phase for consideration of
whether to exclude certain commodities
and software from ‘‘specially
designed’’ ’’.
■ 3. On page 22702, in the third column,
in the last sentence of the second full
paragraph, ‘‘BIS has also revised the
STA paragraph to provide that
paragraph (c)(2) of STA is not available
any technology controlled in 9E619.’’ is
corrected to read ‘‘BIS has also revised
the STA paragraph to provide that
paragraph (c)(2) of STA is not available
for any technology controlled in
9E619.’’
■ 4. On page 22703, in the second
column, in the first sentence under
heading 8., ‘‘BIS is clarifying that 9D619
and 9E619 control software and
technology, respectively, for the
development of production of ‘‘tip
shrouds’’ rather than just ‘‘shrouds.’’ is
corrected to read ‘‘BIS is clarifying that
9D619 and 9E619 control software and
technology, respectively, for the
development or production of ‘‘tip
shrouds’’ rather than just ‘‘shrouds.’’ ’’
§ 734.3—[Corrected]
5. On page 22707, in the first column,
in § 734.3 Items subject to the EAR, in
the note to paragraph (b)(1)(i) in the
fourth sentence, ‘‘As the Attorney
General exercises independent
delegated authority to designate defense
articles and services for purposes of
permanent import controls, the
permanent import control list
administered by the Department of
Justice has been separately labeled the
U.S. Munitions Import List (27 CFR Part
447) to distinguish it from the list set
out in the International Trade in Arms
Regulations.’’ is corrected to read ‘‘As
the Attorney General exercises
independent delegated authority to
designate defense articles and services
for purposes of permanent import
controls, the permanent import control
list administered by the Department of
Justice has been separately labeled the
U.S. Munitions Import List (27 CFR Part
447) to distinguish it from the list set
out in the International Traffic in Arms
Regulations.’’
■
Supplement No. 1 to Part 736 General
Orders—[Corrected]
■ 6. On page 22708, in the first column,
in Supplement No. 1 to Part 736 General
Orders, under General Order No. 5 in
the last sentence of paragraph (a).
‘‘DDTC licenses, agreements, or other
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approvals that contain items
transitioning from the USML to the CCL
and that are issued prior to the effective
date of the final rule transferring such
items to the CCL may continue to be
used in accordance with the Department
of State’s final rule, Amendments to the
International Trade in Arms
Regulations: Initial Implementation of
Export Control Reform, published on
April 16, 2013 in the Federal Register.’’
is revised to read ‘‘DDTC licenses,
agreements, or other approvals that
contain items transitioning from the
USML to the CCL and that are issued
prior to the effective date of the final
rule transferring such items to the CCL
may continue to be used in accordance
with the Department of State’s final
rule, Amendments to the International
Traffic in Arms Regulations: Initial
Implementation of Export Control
Reform, published on April 16, 2013 in
the Federal Register.’’
§ 740.2—[Corrected]
7. On page 22709, in the first column,
in § 740.2 Restrictions on all license
exceptions, in paragraph (a)(13)(iv),
‘‘License Exception TSU (§ 740.13(a) or
(b) of the EAR);’’ is corrected to read
‘‘License Exception TSU (§ 740.13(a),
(b), (f) and (g) of the EAR);’’
■
other authorization is in effect, and the
consignee verifies in writing that the
consignee has such authorization and
provides the license or other approval
identifier to the exporter, reexporter or
transferor (as applicable).’’
■ 11. On page 22719, in the second
column, in § 740.20 License Exception
Strategic Trade Authorization (STA), in
paragraph (d)(2)(vi)(C), ‘‘A United States
Government license authorizes the use
of License Exception STA, the license is
in effect, and is attached to the
consignee statement.’’ is corrected to
read ‘‘The United States Government
has otherwise authorized the ultimate
end use, the license or other
authorization is in effect, and the
consignee verifies in writing that the
consignee has such authorization and
provides the license or other approval
identifier to the exporter, reexporter or
transferor (as applicable).’’
§ 743.4—[Corrected]
12. On page 22722, in the second
column, in § 743.4 Conventional arms
reporting, in amendment 34, the
instruction ‘‘Add § 743.4 to read as
follows:’’ is corrected to read ‘‘Section
743.4 is added to read as follows:’’
■
§ 748.3—[Corrected]
13. On page 22724, in the second
column, in § 748.3 Classification
requests, advisory opinions, and
encryption registrations, in paragraph
(e)(3)(ii), ‘‘The overall role of the ‘‘part,’’
‘‘component,’’ ‘‘accessory,’’
‘‘attachment,’’ or ‘‘software’’ in the
performance capabilities of the
enumerated item that it is used in or
with;’’ is corrected to read ‘‘The overall
role of the ‘‘part,’’ ‘‘component,’’
‘‘accessory,’’ ‘‘attachment,’’ or
‘‘software’’ in the performance
capabilities of the enumerated or
otherwise described item that it is used
in or with;’’
§ 740.9—[Corrected]
■
8. On page 22709, in the second
column, in § 740.9 Temporary imports,
exports, reexports, and transfers (incountry)(TMP), in amendment 21, the
instruction ‘‘Section 740.9 is amended
by revising paragraphs (a) and (b) to
read as follows:’’ is corrected to read
‘‘Section 740.9 is amended by revising
the section heading and paragraphs (a)
and (b) to read as follows:’’
■ 9. On page 22711, in the third column,
in § 740.9 Temporary imports, exports,
reexports, and transfers (incountry)(TMP), in paragraph (a)(14)(i),
‘‘(Part 748 of the EAR contains for more
information about license
applications.)’’ is corrected to read
‘‘(Part 748 of the EAR contains more
information about license
applications.)’’
SUPPLEMENT NO. 1 TO PART 748—
ITEM APPENDIX, AND BIS–748P–B:
END-USER APPENDIX;
MULTIPURPOSE APPLICATION
INSTRUCTIONS [Corrected]
■
§ 740.20—[Corrected]
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14. On page 22725, in the first
column, in Block 5, ‘‘If you are
submitting a License Exception STA
eligibility request pursuant to
§ 740.20(g), mark the box labeled
‘‘Export’’ with an +X) and then proceed
to Block 6 of this supplement for
instructions specific to such requests.’’
is corrected to read ‘‘If you are
submitting a License Exception STA
eligibility request pursuant to
§ 740.20(g), mark the box labeled
‘‘Export’’ with an (X) and then proceed
■
10. On page 22719, in the first
column, in § 740.20 License Exception
Strategic Trade Authorization (STA), in
paragraph (b)(3)(ii)(C), ‘‘The United
States Government has issued a license
that authorizes the use of License
Exception STA, the license is in effect,
and the consignee provides a copy of
such authorization to the exporter.’’ is
corrected to read ‘‘The United States
Government has otherwise authorized
the ultimate end use, the license or
■
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to Block 6 of this supplement for
instructions specific to such requests.’’
§ 758.1—[Corrected]
15. On page 22726, in the second
column, § 758.1 The Automated Export
System (AES) record, in paragraph
(b)(3), ‘‘For all exports of ‘‘600 series’’
items enumerated in paragraphs .a
through .x of a ‘‘600 series’’ ECCN
regardless of value or destination,
including exports to Canada;’’ is
corrected to read ‘‘For all exports of
‘‘600 series’’ items enumerated or
otherwise described in paragraphs .a
through .x of a ‘‘600 series’’ ECCN
regardless of value or destination,
including exports to Canada;’’
■
PART 772—[CORRECTED]
16. On page 22727, in the second
column, in § 772.1 Definitions of terms
as used in the Export Administration
Regulations (EAR), in amendment 65.b.,
the instruction ‘‘Adding, in alphabetical
order, the following twelve definitions
for the terms ‘‘600 series,’’ ‘‘600 Series
Major Defense Equipment’’ or ‘‘MDE,’’
‘‘accessories,’’ ‘‘attachments,’’ ‘‘build-toprint technology,’’ ‘‘component,’’ ‘‘end
item,’’ ‘‘equipment,’’ ‘‘facilities,’’
‘‘material,’’ ‘‘part,’’ and ‘‘system’’.’’ is
corrected to read ‘‘Adding, in
alphabetical order, the following twelve
definitions for the terms ‘‘600 series,’’
‘‘600 Series Major Defense Equipment or
MDE,’’ ‘‘accessories,’’ ‘‘attachments,’’
‘‘build-to-print technology,’’
‘‘component,’’ ‘‘end item,’’
‘‘equipment,’’ ‘‘facilities,’’ ‘‘material,’’
‘‘part,’’ and ‘‘system’’.
■ 17. On page 22729, in the second
column, in § 772.1 Definitions of terms
as used in the Export Administration
Regulations (EAR), the definition of the
term ‘‘system’’, ‘‘System. This is a
combination of ‘‘end items,’’ ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’
‘‘attachments,’’ firmware, or ‘‘software’’
that are designed, modified or adapted
to operate together to perform a
specialized ‘function.’’’ is corrected to
read ‘‘System. This is a combination of
‘‘end items,’’ ‘‘equipment,’’ ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’
‘‘attachments,’’ firmware, or ‘‘software’’
that operate together to perform a
specialized function.’’
■
PART 774—[CORRECTED]
18. On page 22730, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), ECCN
0A919, in ‘‘items’’ paragraph a.2.c in the
List of Items Controlled section, ‘‘Are
direct products of U.S.-origin ‘‘600
series’’ technology (see § 736.2(b)(3) of
the EAR).’’ is corrected to read ‘‘Are
■
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direct products of U.S.-origin ‘‘600
series’’ technology or software (see
§ 736.2(b)(3) of the EAR).’’
■ 19. On page 22730, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A018 heading, is corrected to
add the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
■ 20. On page 22730, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9A610 heading, ‘‘9A610 Military
aircraft and related commodities.’’ is
corrected to read ‘‘9A610 Military
aircraft and related commodities, other
than those enumerated in 9A991.a (see
List of Items Controlled).’’
■ 21. On page 22730, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A610, under ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section, ‘‘Technical data
directly related to articles enumerated
in USML Category XIX are subject to the
control of USML Category XIX(g).’’ is
corrected to read ‘‘Technical data
directly related to articles enumerated
or otherwise described in USML
Category XIX are subject to the control
of USML Category XIX(g).’’
■ 22. On page 22730, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A610, under Note 2 to 9A610.a
in the ‘‘items’’ paragraph in the List of
Items Controlled section,
‘‘Note 2: 9A610.a does not control
‘military aircraft’ that:
a. Were first manufactured before
1946;
b. Do not incorporate defense articles
enumerated on the U.S. Munitions List,
unless the items are required to meet
safety or airworthiness standards of a
Wassenaar Arrangement Participating
State; and
c. Do not incorporate weapons
enumerated on the U.S. Munitions List,
unless inoperable and incapable of
being returned to operation.’’ is
corrected to read ‘‘Note 2: 9A610.a does
not control ‘military aircraft’ that:
a. Were first manufactured before
1946;
b. Do not incorporate defense articles
enumerated or otherwise described on
the U.S. Munitions List, unless the items
are required to meet safety or
airworthiness standards of a Wassenaar
Arrangement Participating State; and
c. Do not incorporate weapons
enumerated or otherwise described on
the U.S. Munitions List, unless
inoperable and incapable of being
returned to operation.’’
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23. On page 22731, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A610, under ‘‘items’’ paragraph
x in the List of Items Controlled section,
‘‘ ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity subject to
control in this ECCN or a defense article
in USML Category VIII and not
elsewhere specified on the USML or the
CCL.’’ is corrected to read ‘‘ ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity subject to
control in this ECCN or a defense article
in USML Category VIII and not
elsewhere specified on the USML or in
ECCN 9A610.y.’’
■ 24. On page 22731, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), ECCN
9A610, in ‘‘items’’ paragraph y.10 in the
List of Items Controlled section,
‘‘Hydraulic and fuel hoses, straight and
unbent lines, fittings, clips, couplings,
nutplates, and brackets;’’ is corrected to
read ‘‘Hydraulic and fuel hoses, straight
and unbent lines, fittings, couplings,
and brackets;’’
■ 25. On page 22731, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), ECCN
9A610, in ‘‘items’’ paragraph y.29 in the
List of Items Controlled section,
‘‘ ‘Military Aircraft’ that were first
manufactured from 1946 to 1955 that do
not incorporate defense articles
enumerated on the U.S. Munitions List,
unless the items are required to meet
safety or airworthiness standards of a
Wassenaar Arrangement Participating
State; and do not incorporate weapons
enumerated on the U.S. Munitions List,
unless inoperable and incapable of
being returned to operation.’’ is
corrected to read ‘‘ ‘Military Aircraft’
that were first manufactured from 1946
to 1955 that do not incorporate defense
articles enumerated or otherwise
described on the U.S. Munitions List,
unless the items are required to meet
safety or airworthiness standards of a
Wassenaar Arrangement Participating
State; and do not incorporate weapons
enumerated or otherwise described on
the U.S. Munitions List, unless
inoperable and incapable of being
returned to operation.’’
■ 26. On page 22731, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A619 heading, is corrected to
add the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
■ 27. On page 22731, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
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ECCN 9A619, under ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section, ‘‘Military gas turbine
engines and related articles that are
enumerated in USML Category XIX, and
technical data (including software)
directly related thereto, are subject to
the jurisdiction of the International
Traffic in Arms Regulations (ITAR).’’ is
corrected to read ‘‘Military gas turbine
engines and related articles that are
enumerated or otherwise described in
USML Category XIX, and technical data
(including software) directly related
thereto, are subject to the jurisdiction of
the International Traffic in Arms
Regulations (ITAR).’’
■ 28. On page 22732, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A619, under ‘‘items’’ paragraph
y.5 in the List of Items Controlled
section, ‘‘V-Band, cushion,
‘‘broomstick,’’ hinged, and loop
clamps;’’ is corrected to read ‘‘V-Band,
cushion, broomstick, hinged, and loop
clamps;’’
■ 29. On page 22732, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9A619, under ‘‘items’’ paragraph
x in the List of Items Controlled section,
‘‘ ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity controlled
by this ECCN 9A619 (other than ECCN
9A619.c) or for a defense article
enumerated in USML Category XIX and
not specified elsewhere in the CCL or on
the USML’’ is corrected to read
‘‘ ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity controlled
by this ECCN 9A619 (other than ECCN
9A619.c) or for a defense article
enumerated in USML Category XIX and
not specified elsewhere on the USML or
in ECCN 9A619.y.’’
■ 30. On page 22732, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9B610 heading, ‘‘9B610 Test,
inspection, and production
‘‘equipment’’ and related commodities
‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of
commodities enumerated in ECCN
9A610 or USML Category VIII.’’ is
corrected to read ‘‘9B610 Test,
inspection, and production
‘‘equipment’’ and related commodities
‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of
commodities enumerated or otherwise
described in ECCN 9A610 or USML
Category VIII (see List of Items
Controlled).’’
■ 31. On page 22732, in the second
column, in Supplement No. 1 to part
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774 (the Commerce Control List), the
ECCN 9B610, under ‘‘items’’ paragraph
a in the List of Items Controlled section,
‘‘Test, inspection, and production
‘‘equipment’’ ‘‘specially designed’’ for
the ‘‘production,’’ ‘‘development,’’
repair, overhaul, or refurbishment of
commodities enumerated in ECCN
9A610 (except 9A610.y) or USML
Category VIII, and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’
therefor.’’ is corrected to read ‘‘Test,
inspection, and production
‘‘equipment’’ ‘‘specially designed’’ for
the ‘‘production,’’ ‘‘development,’’
operation, installation, maintenance,
repair, overhaul, or refurbishing of
commodities enumerated or otherwise
described in ECCN 9A610 (except
9A610.y) or USML Category VIII, and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ ‘‘specially designed’’
therefor.’’
■ 32. On page 22732, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9B610, under ‘‘items’’ paragraph
b in the List of Items Controlled section,
‘‘Environmental test facilities ‘‘specially
designed’’ for the certification,
qualification, or testing of commodities
enumerated in ECCN 9A610 (except for
9A610.y) or USML Category VIII and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ ‘‘specially designed’’
therefor.’’ is corrected to read
‘‘Environmental test facilities ‘‘specially
designed’’ for the certification,
qualification, or testing of commodities
enumerated or otherwise described in
ECCN 9A610 (except for 9A610.y) or
USML Category VIII and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’
therefor.’’
■ 33. On page 22732, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9B619 heading, ‘‘9B619 Test,
inspection, and production
‘‘equipment’’ and related commodities
‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of
commodities enumerated in ECCN
9A619 or USML Category XIX.’’ is
corrected to read ‘‘9B619 Test,
inspection, and production
‘‘equipment’’ and related commodities
‘‘specially designed’’ for the
‘‘development’’ or ‘‘production’’ of
commodities enumerated or otherwise
described in ECCN 9A619 or USML
Category XIX.’’
■ 34. On page 22732, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9B619, under ‘‘items’’ paragraph
a in the List of Items Controlled section,
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‘‘Test, inspection, and production
‘‘equipment’’ ‘‘specially designed’’ for
the ‘‘production,’’ ‘‘development,’’
repair, overhaul, or refurbishment of
commodities enumerated in ECCN
9A619 (except for 9A619.y) or in USML
Category XIX, and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’
therefor.’’ is corrected to read ‘‘Test,
inspection, and production
‘‘equipment’’ ‘‘specially designed’’ for
the ‘‘production,’’ ‘‘development,’’
operation, installation, maintenance,
repair, overhaul, or refurbishing of
commodities enumerated or otherwise
described in ECCN 9A619 (except for
9A619.y) or in USML Category XIX, and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ ‘‘specially designed’’
therefor.’’
■ 35. On page 22732, in the second
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9B619, under ‘‘items’’ paragraph
b in the List of Items Controlled section,
‘‘Equipment, cells, or stands ‘‘specially
designed’’ for testing, analysis and fault
isolation of engines, ‘‘systems,’’
‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’
and ‘‘attachments’’ specified in ECCN
9A619 on the CCL or in Category XIX
on the USML.’’ is corrected to read
‘‘Equipment, cells, or stands ‘‘specially
designed’’ for testing, analysis and fault
isolation of engines, ‘‘systems,’’
‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’
and ‘‘attachments’’ enumerated or
otherwise described in ECCN 9A619
(except for 9A619.y) on the CCL or in
Category XIX on the USML.’’
■ 36. On page 22732, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9B619, under ‘‘items’’ paragraph
y in the List of Items Controlled section,
‘‘Bearing pullers ‘‘specially designed’’
for the ‘‘production’’ or ‘‘development’’
of commodities enumerated in ECCN
9A619 (except for 9A619.y) or USML
Category XIX and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’
therefor.’’ is corrected to read ‘‘Bearing
pullers ‘‘specially designed’’ for the
‘‘production’’ or ‘‘development’’ of
commodities enumerated or otherwise
described in ECCN 9A619 (except for
9A619.y) or USML Category XIX and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ ‘‘specially designed’’
therefor.’’
■ 37. On page 22732, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9C610 heading is corrected to add
the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
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61747
38. On page 22732, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9C610, under ‘‘items’’ paragraph
a in the List of Items Controlled section,
‘‘Materials not elsewhere specified in
the USML or the CCL and ‘‘specially
designed’’ for commodities enumerated
in ECCN 9A610 (except 9A610.y).’’ is
corrected to read ‘‘Materials not
elsewhere specified in the USML or the
CCL and ‘‘specially designed’’ for
commodities enumerated or otherwise
described in ECCN 9A610 (except
9A610.y).’’
■ 39. On page 22732, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9C619 heading is corrected to add
the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
■ 40. On page 22733, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9C619, under ‘‘items’’ paragraph
a in the List of Items Controlled section,
‘‘Materials not elsewhere specified in
the CCL or on the USML and ‘‘specially
designed’’ for commodities enumerated
in ECCN 9A619 (except for 9A619.y).’’
is corrected to read ‘‘Materials not
elsewhere specified in the CCL or on the
USML and ‘‘specially designed’’ for
commodities enumerated or otherwise
described in ECCN 9A619 (except for
9A619.y).’’
■ 41. On page 22733, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9D610 heading is corrected to add
the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period and to make the entire
heading bold.
■ 42. On page 22733, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9D610, the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section, ‘‘Software directly related to
articles enumerated in USML Category
VIII is subject to the control of USML
paragraph VIII(i).’’ is corrected to read
‘‘Software directly related to articles
enumerated or otherwise described in
USML Category VIII is subject to the
control of USML paragraph VIII(i).’’
■ 43. On page 22733, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9D619 heading is corrected to add
the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
■ 44. On page 22733, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9D619, the ‘‘Related Controls’’
■
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paragraph in the List of Items Controlled
section, ‘‘Software directly related to
articles enumerated in USML Category
XIX is subject to the control of USML
paragraph XIX(g).’’ is corrected to read
‘‘Software directly related to articles
enumerated or otherwise described in
USML Category XIX is subject to the
control of USML paragraph XIX(g).’’
■ 45. On page 22734, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9D619, in ‘‘items’’ paragraph b.8
in the List of Items Controlled section,
‘‘Mechanical ‘‘components’’ and ‘‘parts’’
as follows: fuel metering units and fuel
pump metering units, valves (fuel
throttle, main metering, oil flow
management), heat exchangers (air/air,
fuel/air, fuel/oil), debris monitoring
(inlet and exhaust), seals (carbon,
labyrinth, brush, balance piston, and
‘‘knife-edge’’), permanent magnetic
alternator and generator, eddy current
sensors;’’ is corrected to read
‘‘Mechanical ‘‘components’’ and ‘‘parts’’
as follows: fuel metering units and fuel
pump metering units, valves (fuel
throttle, main metering, oil flow
VerDate Mar<15>2010
19:45 Oct 02, 2013
Jkt 232001
management), heat exchangers (air/air,
fuel/air, fuel/oil), debris monitoring
(inlet and exhaust), seals (carbon,
labyrinth, brush, balance piston, and
knife-edge), permanent magnetic
alternator and generator, eddy current
sensors;’’
■ 46. On page 22734, in the first
column, in Supplement No. 1 to part
774 (the Commerce Control List), the
ECCN 9E610 heading is corrected to add
the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
■ 47. On page 22734, in the first and
second column, in Supplement No. 1 to
part 774 (the Commerce Control List), in
ECCN 9E610, the ‘‘Related Controls’’
paragraph in the List of Items Controlled
section, ‘‘Technical data directly related
to articles enumerated in USML
Category VIII are subject to the control
of USML paragraph VIII(i).’’ is corrected
to read ‘‘Technical data directly related
to articles enumerated or otherwise
described in USML Category VIII are
subject to the control of USML
paragraph VIII(i).’’
■ 48. On page 22734, in the third
column, in Supplement No. 1 to part
PO 00000
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Fmt 4701
Sfmt 9990
774 (the Commerce Control List), the
ECCN 9E619 heading is corrected to
remove ‘‘refurbishment’’ and add in its
place ‘‘refurbishing’’ and is corrected to
add the phrase ‘‘(see List of Items
Controlled)’’ at the end of the heading
before the period.
■ 49. On page 22734, in the third
column, in Supplement No. 1 to part
774 (the Commerce Control List), in
ECCN 9E619, under ‘‘Related Controls’’
paragraph (1) in the List of Items
Controlled section, ‘‘Technical data
directly related to articles enumerated
in USML Category XIX are subject to the
control of USML Category XIX(g).’’ is
corrected to read ‘‘Technical data
directly related to articles enumerated
or otherwise described in USML
Category XIX are subject to the control
of USML Category XIX(g).’’
Dated: September 23, 2013.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export
Administration.
[FR Doc. 2013–23498 Filed 10–2–13; 8:45 am]
BILLING CODE 3510–33–P
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Agencies
[Federal Register Volume 78, Number 192 (Thursday, October 3, 2013)]
[Rules and Regulations]
[Pages 61743-61748]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23498]
[[Page 61743]]
Vol. 78
Thursday,
No. 192
October 3, 2013
Part VII
Department of Commerce
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Bureau of Industry and Security
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15 CFR Parts 730, 732, 734, et al.
Revisions to the Export Administration Regulations: Initial
Implementation of Export Control Reform; Correction; Final Rule
Federal Register / Vol. 78 , No. 192 / Thursday, October 3, 2013 /
Rules and Regulations
[[Page 61744]]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730, 732, 734, 736, 738, 740, 742, 743, 744, 746, 748,
750, 756, 758, 762, 764, 770, 772, and 774
[Docket No. 120403246-3635-02]
RIN 0694-AF65
Revisions to the Export Administration Regulations: Initial
Implementation of Export Control Reform; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is correcting a
final rule that appeared in the Federal Register of April 16, 2013. As
part of the Export Control Reform (ECR) Initiative, the Bureau of
Industry and Security (BIS), and the Directorate of Defense Trade
Controls (DDTC), Department of State, have published multiple proposed
amendments to the Export Administration Regulations (EAR) and the
International Traffic in Arms Regulations (ITAR), respectively, to
strengthen national security by fundamentally reforming the export
control system. The final rule implements the initial ECR changes by
adding a structure and related provisions to control munitions items
that the President has determined no longer warrant export control on
the U.S. Munitions List (USML) on the Commerce Control List (CCL),
specifically aircraft, gas turbine engines, and related items. The
final rule was published in conjunction with a Department of State
document that revises the USML so that upon the effective date of both
documents, the USML and CCL and corresponding regulatory structures
will be complementary. The Department of State is also correcting their
final rule that appeared in the Federal Register of April 16, 2013, in
a document published elsewhere in this issue of the Federal Register.
DATES: This rule is effective October 15, 2013.
ADDRESSES: Commerce's full retrospective regulatory review plan can be
accessed at: https://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.
FOR FURTHER INFORMATION CONTACT: For general questions about the ``600
series'' control structure or transition related questions, contact
Hillary Hess, Regulatory Policy Division, Office of Exporter Services,
Bureau of Industry and Security, at 202-482-2440 or rpd2@bis.doc.gov.
For technical questions about the ECCNs included in this rule contact
Gene Christiansen, Office of National Security and Technology Transfer
Controls, at 202-482-2984 or gene.christiansen@bis.doc.gov. For
questions about the definition of ``specially designed,'' contact
Timothy Mooney, Regulatory Policy Division, Office of Exporter
Services, Bureau of Industry and Security, at 202-482-2440 or
timothy.mooney@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS) provides the following
corrections to the final rule that appeared in the Federal Register of
April 16, 2013 (78 FR 22660). These include correcting typographical
and other minor grammatical issues and correcting certain amendatory
instructions to reflect the revised regulatory text included in the
final rule. In addition, these corrections to the final rule include
updating cross references and other regulatory text to ensure the
regulatory text reflects the intent of the April 16 final rule and the
regulatory text of subsequent final rules published implementing Export
Control Reform.
In FR Doc. 2013-8352 appearing on page 22660 in the Federal
Register of Tuesday, April 16, 2013, the following corrections are
made:
0
1. On page 22674, in the second column, in the second to the last
sentence in the first paragraph, ``The new provision would allow the
continued use of STA for exports of controlled items to a foreign
consignee in one of the STA-36 countries so long as the foreign
consignee has a valid license authorizing such a use of STA.'' is
corrected to read ``The new provision would allow the use of STA for
exports, reexports or in-country transfers to a consignee in one of the
Country Group A:5 countries so long as the foreign consignee has a
valid license where the United States Government has authorized the
ultimate end use, the license or other authorization is in effect, and
the consignee verifies in writing that they have such authorization and
provides the license or other approval identifier to the exporter.''
0
2. On page 22690, in the first column, in the heading 10, ``Paragraphs
(b)(4) and (b)(5), and the new paragraph (b)(6) (i.e., the
``development'' exclusions)--incorporating intent during the
development phase for consideration of whether to exclude certain
commodities from ``specially designed'' '' is corrected to read
``Paragraphs (b)(4) and (b)(5), and the new paragraph (b)(6) (i.e., the
``development'' exclusions)--incorporating intent during the
development phase for consideration of whether to exclude certain
commodities and software from ``specially designed'' ''.
0
3. On page 22702, in the third column, in the last sentence of the
second full paragraph, ``BIS has also revised the STA paragraph to
provide that paragraph (c)(2) of STA is not available any technology
controlled in 9E619.'' is corrected to read ``BIS has also revised the
STA paragraph to provide that paragraph (c)(2) of STA is not available
for any technology controlled in 9E619.''
0
4. On page 22703, in the second column, in the first sentence under
heading 8., ``BIS is clarifying that 9D619 and 9E619 control software
and technology, respectively, for the development of production of
``tip shrouds'' rather than just ``shrouds.'' is corrected to read
``BIS is clarifying that 9D619 and 9E619 control software and
technology, respectively, for the development or production of ``tip
shrouds'' rather than just ``shrouds.'' ''
Sec. 734.3--[Corrected]
0
5. On page 22707, in the first column, in Sec. 734.3 Items subject to
the EAR, in the note to paragraph (b)(1)(i) in the fourth sentence,
``As the Attorney General exercises independent delegated authority to
designate defense articles and services for purposes of permanent
import controls, the permanent import control list administered by the
Department of Justice has been separately labeled the U.S. Munitions
Import List (27 CFR Part 447) to distinguish it from the list set out
in the International Trade in Arms Regulations.'' is corrected to read
``As the Attorney General exercises independent delegated authority to
designate defense articles and services for purposes of permanent
import controls, the permanent import control list administered by the
Department of Justice has been separately labeled the U.S. Munitions
Import List (27 CFR Part 447) to distinguish it from the list set out
in the International Traffic in Arms Regulations.''
Supplement No. 1 to Part 736 General Orders--[Corrected]
0
6. On page 22708, in the first column, in Supplement No. 1 to Part 736
General Orders, under General Order No. 5 in the last sentence of
paragraph (a). ``DDTC licenses, agreements, or other
[[Page 61745]]
approvals that contain items transitioning from the USML to the CCL and
that are issued prior to the effective date of the final rule
transferring such items to the CCL may continue to be used in
accordance with the Department of State's final rule, Amendments to the
International Trade in Arms Regulations: Initial Implementation of
Export Control Reform, published on April 16, 2013 in the Federal
Register.'' is revised to read ``DDTC licenses, agreements, or other
approvals that contain items transitioning from the USML to the CCL and
that are issued prior to the effective date of the final rule
transferring such items to the CCL may continue to be used in
accordance with the Department of State's final rule, Amendments to the
International Traffic in Arms Regulations: Initial Implementation of
Export Control Reform, published on April 16, 2013 in the Federal
Register.''
Sec. 740.2--[Corrected]
0
7. On page 22709, in the first column, in Sec. 740.2 Restrictions on
all license exceptions, in paragraph (a)(13)(iv), ``License Exception
TSU (Sec. 740.13(a) or (b) of the EAR);'' is corrected to read
``License Exception TSU (Sec. 740.13(a), (b), (f) and (g) of the
EAR);''
Sec. 740.9--[Corrected]
0
8. On page 22709, in the second column, in Sec. 740.9 Temporary
imports, exports, reexports, and transfers (in-country)(TMP), in
amendment 21, the instruction ``Section 740.9 is amended by revising
paragraphs (a) and (b) to read as follows:'' is corrected to read
``Section 740.9 is amended by revising the section heading and
paragraphs (a) and (b) to read as follows:''
0
9. On page 22711, in the third column, in Sec. 740.9 Temporary
imports, exports, reexports, and transfers (in-country)(TMP), in
paragraph (a)(14)(i), ``(Part 748 of the EAR contains for more
information about license applications.)'' is corrected to read ``(Part
748 of the EAR contains more information about license applications.)''
Sec. 740.20--[Corrected]
0
10. On page 22719, in the first column, in Sec. 740.20 License
Exception Strategic Trade Authorization (STA), in paragraph
(b)(3)(ii)(C), ``The United States Government has issued a license that
authorizes the use of License Exception STA, the license is in effect,
and the consignee provides a copy of such authorization to the
exporter.'' is corrected to read ``The United States Government has
otherwise authorized the ultimate end use, the license or other
authorization is in effect, and the consignee verifies in writing that
the consignee has such authorization and provides the license or other
approval identifier to the exporter, reexporter or transferor (as
applicable).''
0
11. On page 22719, in the second column, in Sec. 740.20 License
Exception Strategic Trade Authorization (STA), in paragraph
(d)(2)(vi)(C), ``A United States Government license authorizes the use
of License Exception STA, the license is in effect, and is attached to
the consignee statement.'' is corrected to read ``The United States
Government has otherwise authorized the ultimate end use, the license
or other authorization is in effect, and the consignee verifies in
writing that the consignee has such authorization and provides the
license or other approval identifier to the exporter, reexporter or
transferor (as applicable).''
Sec. 743.4--[Corrected]
0
12. On page 22722, in the second column, in Sec. 743.4 Conventional
arms reporting, in amendment 34, the instruction ``Add Sec. 743.4 to
read as follows:'' is corrected to read ``Section 743.4 is added to
read as follows:''
Sec. 748.3--[Corrected]
0
13. On page 22724, in the second column, in Sec. 748.3 Classification
requests, advisory opinions, and encryption registrations, in paragraph
(e)(3)(ii), ``The overall role of the ``part,'' ``component,''
``accessory,'' ``attachment,'' or ``software'' in the performance
capabilities of the enumerated item that it is used in or with;'' is
corrected to read ``The overall role of the ``part,'' ``component,''
``accessory,'' ``attachment,'' or ``software'' in the performance
capabilities of the enumerated or otherwise described item that it is
used in or with;''
SUPPLEMENT NO. 1 TO PART 748--ITEM APPENDIX, AND BIS-748P-B: END-USER
APPENDIX; MULTIPURPOSE APPLICATION INSTRUCTIONS [Corrected]
0
14. On page 22725, in the first column, in Block 5, ``If you are
submitting a License Exception STA eligibility request pursuant to
Sec. 740.20(g), mark the box labeled ``Export'' with an +X) and then
proceed to Block 6 of this supplement for instructions specific to such
requests.'' is corrected to read ``If you are submitting a License
Exception STA eligibility request pursuant to Sec. 740.20(g), mark the
box labeled ``Export'' with an (X) and then proceed to Block 6 of this
supplement for instructions specific to such requests.''
Sec. 758.1--[Corrected]
0
15. On page 22726, in the second column, Sec. 758.1 The Automated
Export System (AES) record, in paragraph (b)(3), ``For all exports of
``600 series'' items enumerated in paragraphs .a through .x of a ``600
series'' ECCN regardless of value or destination, including exports to
Canada;'' is corrected to read ``For all exports of ``600 series''
items enumerated or otherwise described in paragraphs .a through .x of
a ``600 series'' ECCN regardless of value or destination, including
exports to Canada;''
PART 772--[CORRECTED]
0
16. On page 22727, in the second column, in Sec. 772.1 Definitions of
terms as used in the Export Administration Regulations (EAR), in
amendment 65.b., the instruction ``Adding, in alphabetical order, the
following twelve definitions for the terms ``600 series,'' ``600 Series
Major Defense Equipment'' or ``MDE,'' ``accessories,'' ``attachments,''
``build-to-print technology,'' ``component,'' ``end item,''
``equipment,'' ``facilities,'' ``material,'' ``part,'' and
``system''.'' is corrected to read ``Adding, in alphabetical order, the
following twelve definitions for the terms ``600 series,'' ``600 Series
Major Defense Equipment or MDE,'' ``accessories,'' ``attachments,''
``build-to-print technology,'' ``component,'' ``end item,''
``equipment,'' ``facilities,'' ``material,'' ``part,'' and ``system''.
0
17. On page 22729, in the second column, in Sec. 772.1 Definitions of
terms as used in the Export Administration Regulations (EAR), the
definition of the term ``system'', ``System. This is a combination of
``end items,'' ``parts,'' ``components,'' ``accessories,''
``attachments,'' firmware, or ``software'' that are designed, modified
or adapted to operate together to perform a specialized `function.'''
is corrected to read ``System. This is a combination of ``end items,''
``equipment,'' ``parts,'' ``components,'' ``accessories,''
``attachments,'' firmware, or ``software'' that operate together to
perform a specialized function.''
PART 774--[CORRECTED]
0
18. On page 22730, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), ECCN 0A919, in ``items'' paragraph a.2.c
in the List of Items Controlled section, ``Are direct products of U.S.-
origin ``600 series'' technology (see Sec. 736.2(b)(3) of the EAR).''
is corrected to read ``Are
[[Page 61746]]
direct products of U.S.-origin ``600 series'' technology or software
(see Sec. 736.2(b)(3) of the EAR).''
0
19. On page 22730, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A018 heading, is corrected to add
the phrase ``(see List of Items Controlled)'' at the end of the heading
before the period.
0
20. On page 22730, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), the ECCN 9A610 heading, ``9A610
Military aircraft and related commodities.'' is corrected to read
``9A610 Military aircraft and related commodities, other than those
enumerated in 9A991.a (see List of Items Controlled).''
0
21. On page 22730, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A610, under ``Related Controls''
paragraph (1) in the List of Items Controlled section, ``Technical data
directly related to articles enumerated in USML Category XIX are
subject to the control of USML Category XIX(g).'' is corrected to read
``Technical data directly related to articles enumerated or otherwise
described in USML Category XIX are subject to the control of USML
Category XIX(g).''
0
22. On page 22730, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A610, under Note 2 to 9A610.a in
the ``items'' paragraph in the List of Items Controlled section,
``Note 2: 9A610.a does not control `military aircraft' that:
a. Were first manufactured before 1946;
b. Do not incorporate defense articles enumerated on the U.S.
Munitions List, unless the items are required to meet safety or
airworthiness standards of a Wassenaar Arrangement Participating State;
and
c. Do not incorporate weapons enumerated on the U.S. Munitions
List, unless inoperable and incapable of being returned to operation.''
is corrected to read ``Note 2: 9A610.a does not control `military
aircraft' that:
a. Were first manufactured before 1946;
b. Do not incorporate defense articles enumerated or otherwise
described on the U.S. Munitions List, unless the items are required to
meet safety or airworthiness standards of a Wassenaar Arrangement
Participating State; and
c. Do not incorporate weapons enumerated or otherwise described on
the U.S. Munitions List, unless inoperable and incapable of being
returned to operation.''
0
23. On page 22731, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A610, under ``items'' paragraph x
in the List of Items Controlled section, `` ``Parts,'' ``components,''
``accessories,'' and ``attachments'' that are ``specially designed''
for a commodity subject to control in this ECCN or a defense article in
USML Category VIII and not elsewhere specified on the USML or the
CCL.'' is corrected to read `` ``Parts,'' ``components,''
``accessories,'' and ``attachments'' that are ``specially designed''
for a commodity subject to control in this ECCN or a defense article in
USML Category VIII and not elsewhere specified on the USML or in ECCN
9A610.y.''
0
24. On page 22731, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), ECCN 9A610, in ``items'' paragraph
y.10 in the List of Items Controlled section, ``Hydraulic and fuel
hoses, straight and unbent lines, fittings, clips, couplings,
nutplates, and brackets;'' is corrected to read ``Hydraulic and fuel
hoses, straight and unbent lines, fittings, couplings, and brackets;''
0
25. On page 22731, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), ECCN 9A610, in ``items'' paragraph
y.29 in the List of Items Controlled section, `` `Military Aircraft'
that were first manufactured from 1946 to 1955 that do not incorporate
defense articles enumerated on the U.S. Munitions List, unless the
items are required to meet safety or airworthiness standards of a
Wassenaar Arrangement Participating State; and do not incorporate
weapons enumerated on the U.S. Munitions List, unless inoperable and
incapable of being returned to operation.'' is corrected to read ``
`Military Aircraft' that were first manufactured from 1946 to 1955 that
do not incorporate defense articles enumerated or otherwise described
on the U.S. Munitions List, unless the items are required to meet
safety or airworthiness standards of a Wassenaar Arrangement
Participating State; and do not incorporate weapons enumerated or
otherwise described on the U.S. Munitions List, unless inoperable and
incapable of being returned to operation.''
0
26. On page 22731, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), in ECCN 9A619 heading, is corrected to
add the phrase ``(see List of Items Controlled)'' at the end of the
heading before the period.
0
27. On page 22731, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A619, under ``Related Controls''
paragraph (1) in the List of Items Controlled section, ``Military gas
turbine engines and related articles that are enumerated in USML
Category XIX, and technical data (including software) directly related
thereto, are subject to the jurisdiction of the International Traffic
in Arms Regulations (ITAR).'' is corrected to read ``Military gas
turbine engines and related articles that are enumerated or otherwise
described in USML Category XIX, and technical data (including software)
directly related thereto, are subject to the jurisdiction of the
International Traffic in Arms Regulations (ITAR).''
0
28. On page 22732, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A619, under ``items'' paragraph
y.5 in the List of Items Controlled section, ``V-Band, cushion,
``broomstick,'' hinged, and loop clamps;'' is corrected to read ``V-
Band, cushion, broomstick, hinged, and loop clamps;''
0
29. On page 22732, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9A619, under ``items'' paragraph x
in the List of Items Controlled section, `` ``Parts,'' ``components,''
``accessories,'' and ``attachments'' that are ``specially designed''
for a commodity controlled by this ECCN 9A619 (other than ECCN 9A619.c)
or for a defense article enumerated in USML Category XIX and not
specified elsewhere in the CCL or on the USML'' is corrected to read ``
``Parts,'' ``components,'' ``accessories,'' and ``attachments'' that
are ``specially designed'' for a commodity controlled by this ECCN
9A619 (other than ECCN 9A619.c) or for a defense article enumerated in
USML Category XIX and not specified elsewhere on the USML or in ECCN
9A619.y.''
0
30. On page 22732, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9B610 heading, ``9B610 Test,
inspection, and production ``equipment'' and related commodities
``specially designed'' for the ``development'' or ``production'' of
commodities enumerated in ECCN 9A610 or USML Category VIII.'' is
corrected to read ``9B610 Test, inspection, and production
``equipment'' and related commodities ``specially designed'' for the
``development'' or ``production'' of commodities enumerated or
otherwise described in ECCN 9A610 or USML Category VIII (see List of
Items Controlled).''
0
31. On page 22732, in the second column, in Supplement No. 1 to part
[[Page 61747]]
774 (the Commerce Control List), the ECCN 9B610, under ``items''
paragraph a in the List of Items Controlled section, ``Test,
inspection, and production ``equipment'' ``specially designed'' for the
``production,'' ``development,'' repair, overhaul, or refurbishment of
commodities enumerated in ECCN 9A610 (except 9A610.y) or USML Category
VIII, and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor.'' is corrected to read
``Test, inspection, and production ``equipment'' ``specially designed''
for the ``production,'' ``development,'' operation, installation,
maintenance, repair, overhaul, or refurbishing of commodities
enumerated or otherwise described in ECCN 9A610 (except 9A610.y) or
USML Category VIII, and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor.''
0
32. On page 22732, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), the ECCN 9B610, under ``items''
paragraph b in the List of Items Controlled section, ``Environmental
test facilities ``specially designed'' for the certification,
qualification, or testing of commodities enumerated in ECCN 9A610
(except for 9A610.y) or USML Category VIII and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor.'' is corrected to read ``Environmental test
facilities ``specially designed'' for the certification, qualification,
or testing of commodities enumerated or otherwise described in ECCN
9A610 (except for 9A610.y) or USML Category VIII and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor.''
0
33. On page 22732, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), the ECCN 9B619 heading, ``9B619 Test,
inspection, and production ``equipment'' and related commodities
``specially designed'' for the ``development'' or ``production'' of
commodities enumerated in ECCN 9A619 or USML Category XIX.'' is
corrected to read ``9B619 Test, inspection, and production
``equipment'' and related commodities ``specially designed'' for the
``development'' or ``production'' of commodities enumerated or
otherwise described in ECCN 9A619 or USML Category XIX.''
0
34. On page 22732, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), the ECCN 9B619, under ``items''
paragraph a in the List of Items Controlled section, ``Test,
inspection, and production ``equipment'' ``specially designed'' for the
``production,'' ``development,'' repair, overhaul, or refurbishment of
commodities enumerated in ECCN 9A619 (except for 9A619.y) or in USML
Category XIX, and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor.'' is corrected to read
``Test, inspection, and production ``equipment'' ``specially designed''
for the ``production,'' ``development,'' operation, installation,
maintenance, repair, overhaul, or refurbishing of commodities
enumerated or otherwise described in ECCN 9A619 (except for 9A619.y) or
in USML Category XIX, and ``parts,'' ``components,'' ``accessories,''
and ``attachments'' ``specially designed'' therefor.''
0
35. On page 22732, in the second column, in Supplement No. 1 to part
774 (the Commerce Control List), the ECCN 9B619, under ``items''
paragraph b in the List of Items Controlled section, ``Equipment,
cells, or stands ``specially designed'' for testing, analysis and fault
isolation of engines, ``systems,'' ``components,'' ``parts,''
``accessories,'' and ``attachments'' specified in ECCN 9A619 on the CCL
or in Category XIX on the USML.'' is corrected to read ``Equipment,
cells, or stands ``specially designed'' for testing, analysis and fault
isolation of engines, ``systems,'' ``components,'' ``parts,''
``accessories,'' and ``attachments'' enumerated or otherwise described
in ECCN 9A619 (except for 9A619.y) on the CCL or in Category XIX on the
USML.''
0
36. On page 22732, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9B619, under ``items'' paragraph
y in the List of Items Controlled section, ``Bearing pullers
``specially designed'' for the ``production'' or ``development'' of
commodities enumerated in ECCN 9A619 (except for 9A619.y) or USML
Category XIX and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor.'' is corrected to read
``Bearing pullers ``specially designed'' for the ``production'' or
``development'' of commodities enumerated or otherwise described in
ECCN 9A619 (except for 9A619.y) or USML Category XIX and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor.''
0
37. On page 22732, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9C610 heading is corrected to add
the phrase ``(see List of Items Controlled)'' at the end of the heading
before the period.
0
38. On page 22732, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9C610, under ``items'' paragraph
a in the List of Items Controlled section, ``Materials not elsewhere
specified in the USML or the CCL and ``specially designed'' for
commodities enumerated in ECCN 9A610 (except 9A610.y).'' is corrected
to read ``Materials not elsewhere specified in the USML or the CCL and
``specially designed'' for commodities enumerated or otherwise
described in ECCN 9A610 (except 9A610.y).''
0
39. On page 22732, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9C619 heading is corrected to add
the phrase ``(see List of Items Controlled)'' at the end of the heading
before the period.
0
40. On page 22733, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9C619, under ``items'' paragraph
a in the List of Items Controlled section, ``Materials not elsewhere
specified in the CCL or on the USML and ``specially designed'' for
commodities enumerated in ECCN 9A619 (except for 9A619.y).'' is
corrected to read ``Materials not elsewhere specified in the CCL or on
the USML and ``specially designed'' for commodities enumerated or
otherwise described in ECCN 9A619 (except for 9A619.y).''
0
41. On page 22733, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9D610 heading is corrected to add
the phrase ``(see List of Items Controlled)'' at the end of the heading
before the period and to make the entire heading bold.
0
42. On page 22733, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9D610, the ``Related Controls''
paragraph in the List of Items Controlled section, ``Software directly
related to articles enumerated in USML Category VIII is subject to the
control of USML paragraph VIII(i).'' is corrected to read ``Software
directly related to articles enumerated or otherwise described in USML
Category VIII is subject to the control of USML paragraph VIII(i).''
0
43. On page 22733, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9D619 heading is corrected to add
the phrase ``(see List of Items Controlled)'' at the end of the heading
before the period.
0
44. On page 22733, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9D619, the ``Related Controls''
[[Page 61748]]
paragraph in the List of Items Controlled section, ``Software directly
related to articles enumerated in USML Category XIX is subject to the
control of USML paragraph XIX(g).'' is corrected to read ``Software
directly related to articles enumerated or otherwise described in USML
Category XIX is subject to the control of USML paragraph XIX(g).''
0
45. On page 22734, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9D619, in ``items'' paragraph b.8
in the List of Items Controlled section, ``Mechanical ``components''
and ``parts'' as follows: fuel metering units and fuel pump metering
units, valves (fuel throttle, main metering, oil flow management), heat
exchangers (air/air, fuel/air, fuel/oil), debris monitoring (inlet and
exhaust), seals (carbon, labyrinth, brush, balance piston, and ``knife-
edge''), permanent magnetic alternator and generator, eddy current
sensors;'' is corrected to read ``Mechanical ``components'' and
``parts'' as follows: fuel metering units and fuel pump metering units,
valves (fuel throttle, main metering, oil flow management), heat
exchangers (air/air, fuel/air, fuel/oil), debris monitoring (inlet and
exhaust), seals (carbon, labyrinth, brush, balance piston, and knife-
edge), permanent magnetic alternator and generator, eddy current
sensors;''
0
46. On page 22734, in the first column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9E610 heading is corrected to add
the phrase ``(see List of Items Controlled)'' at the end of the heading
before the period.
0
47. On page 22734, in the first and second column, in Supplement No. 1
to part 774 (the Commerce Control List), in ECCN 9E610, the ``Related
Controls'' paragraph in the List of Items Controlled section,
``Technical data directly related to articles enumerated in USML
Category VIII are subject to the control of USML paragraph VIII(i).''
is corrected to read ``Technical data directly related to articles
enumerated or otherwise described in USML Category VIII are subject to
the control of USML paragraph VIII(i).''
0
48. On page 22734, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), the ECCN 9E619 heading is corrected to
remove ``refurbishment'' and add in its place ``refurbishing'' and is
corrected to add the phrase ``(see List of Items Controlled)'' at the
end of the heading before the period.
0
49. On page 22734, in the third column, in Supplement No. 1 to part 774
(the Commerce Control List), in ECCN 9E619, under ``Related Controls''
paragraph (1) in the List of Items Controlled section, ``Technical data
directly related to articles enumerated in USML Category XIX are
subject to the control of USML Category XIX(g).'' is corrected to read
``Technical data directly related to articles enumerated or otherwise
described in USML Category XIX are subject to the control of USML
Category XIX(g).''
Dated: September 23, 2013.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2013-23498 Filed 10-2-13; 8:45 am]
BILLING CODE 3510-33-P