Corrections and Clarifications to the Export Administration Regulations; Conforming Changes to the EAR Based on Amendments to the International Traffic in Arms Regulations, 32611-32632 [2014-12151]

Agencies

• DEPARTMENT OF COMMERCE
• Bureau of Industry and Security

[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32611-32632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12151]



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Vol. 79

Thursday,

No. 108

June 5, 2014

Part II





Department of Commerce





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Bureau of Industry and Security





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15 CFR Parts 736, 738, 740, 742, et al.





Corrections and Clarifications to the Export Administration 
Regulations; Conforming Changes to the EAR Based on Amendments to the 
International Traffic in Arms Regulations; Final Rule

Federal Register / Vol. 79 , No. 108 / Thursday, June 5, 2014 / Rules 
and Regulations

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 738, 740, 742, 744, 746, 748, 750, 758, 762, 772 
and 774

[Docket No. 140221165-4165-01]
RIN 0694-AG11


Corrections and Clarifications to the Export Administration 
Regulations; Conforming Changes to the EAR Based on Amendments to the 
International Traffic in Arms Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule makes corrections and clarifications to the 
Export Administration Regulations (EAR) for six final rules published 
in 2013 and early 2014. This final rule also makes other needed 
technical corrections and clarifications to the EAR identified by BIS. 
In addition, this final rule makes two conforming changes to the EAR as 
a result of a final rule published by the Department of State on April 
17, 2014.

DATES: Effective Date: This rule is effective June 5, 2014, except that 
amendatory instructions 44, 45, 47, 50, 51, 52, 53.a, 54, 55, 56.a, 58, 
63, 65, 70, 71, and 72.a to Supplement No. 1 to part 774 are effective 
July 1, 2014.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy 
Division, Bureau of Industry and Security, Department of Commerce, 
Phone: (202) 482-2440, Fax: (202) 482-3355, Email: rpd2@bis.doc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    This final rule makes corrections and clarifications to the Export 
Administration Regulations (EAR) for six final rules published in 2013 
and early 2014. These corrections and clarifications to the EAR are 
necessary in light of earlier amendments to the EAR that are already in 
effect, as well as for a final rule published on January 2, 2014, that 
becomes effective July 1, 2014. The Bureau of Industry and Security 
(BIS) is correcting all six rules in this single final rule to minimize 
the number of correction rules for the public to review and because 
they are similar types of corrections and clarifications. The six final 
rules that are being corrected in this rule are: Export Administration 
Regulations: Editorial Clean-Up of References to Foreign Trade 
Regulations published on January 29, 2014 (79 FR 4613) (referred to 
hereafter as the January 29 rule); Control of Military Training 
Equipment, Energetic Materials, Personal Protective Equipment, 
Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, 
Military Explosives, and Related Items published on January 2, 2014 (79 
FR 264) (referred to hereafter as the January 2 rule); Revisions to the 
Export Administration Regulations (EAR): Unverified List (UVL) 
published on December 19, 2013 (78 FR 76741) (referred to hereafter as 
the December 19 rule); Revisions to the Export Administration 
Regulations (EAR) To Make the Commerce Control List (CCL) Clearer 
published on October 4, 2013 (78 FR 61874) (referred to hereafter as 
the October 4 rule); Revisions to the Export Administration 
Regulations: Military Vehicles; Vessels of War; Submersible Vessels, 
Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous 
Items That the President Determines No Longer Warrant Control Under the 
United States Munitions List published on July 8, 2013 (78 FR 40892) 
(referred to hereafter as the July 8 rule); and Revisions to the Export 
Administration Regulations: Initial Implementation of Export Control 
Reform published on April 16, 2013 (78 FR 22660) (referred to hereafter 
as the April 16 rule). This final rule also makes other needed 
technical corrections and clarifications to the EAR that BIS has 
identified.
    The background section of this final rule describes these 
corrections and clarifications in the following order: (A) January 29 
rule corrections and clarifications, (B) January 2 rule corrections and 
clarifications, (C) December 19 rule corrections and clarifications, 
(D) October 4 rule corrections and clarifications, (E) July 8 rule 
corrections and clarifications, (F) April 16 rule corrections and 
clarifications, and (G) other corrections and clarifications to the 
EAR.

(A) January 29 Rule Corrections and ClarificationS

    BIS provides the following corrections to the January 29 rule, 
which became effective upon publication. The corrections included in 
this final rule for the January 29 rule become effective on the date of 
publication of this final rule.
    In Supplement No. 2 to part 736--Administrative Orders, 
Administrative Order Two, under paragraph (a)(3), the January 29 rule 
used the term ``Administration Order,'' but the rule intended to use 
the term ``Administrative Order.'' This final rule removes the term 
``Administration Order'' and adds in its place the correct term 
``Administrative Order.''
    In Sec.  740.15(c)(2)(iv), the January 29 rule revised this 
paragraph to use the phrase ``filed to the Automated Export System 
(AES),'' but the January 29 rule also added in the same sentence the 
phrase ``record is filed'' in that same paragraph after ``(AES)''. This 
final rule deletes the redundant phrase ``record is filed'' after 
``(AES)'' because the phrase ``filed to'' is also used in the same 
paragraph when referring to AES.
    In Sec.  758.1(b)(3), this rule reinserts text that was 
inadvertently removed in the January 29 rule. The reinserted text 
originally was added to paragraph (b)(3) in Revisions to the Export 
Administration Regulations (EAR): Initial Implementation of Export 
Control Reform; Correction published on October 3, 2013 (78 FR 61744). 
This final rule reinserts the phrase ``or otherwise described'' after 
the term ``enumerated'' in paragraph (b)(3).

(B) January 2 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the 
January 2 rule, which becomes effective on July 1, 2014. These include 
correcting typographical errors and inserting omitted quotation marks 
and other text for consistency with other provisions of the Commerce 
Control List (CCL) set forth in Supplement No. 1 to part 774 of the 
EAR. All of the corrections and clarifications in this Section B are to 
Export Control Classification Numbers (ECCNs).
Typographical Errors and Other Corrections for January 2 Rule
    ECCNs 0A604, 0A614, 0A988, 0B604, 0B614, 1C239, and 1C608. This 
final rule corrects the capitalization in the headings of these seven 
ECCNs, so only the first term of the heading is capitalized. This final 
rule makes this change for consistency with the format used in other 
ECCN headings on the CCL.
    ECCNs 0B604, 0B614, 0D001, 0D604, 0D614, 0E001, 0E604, 0E614, 
1A613, 1B608, 1B613, 1C018, 1C608, 1D018, 1D608, 1D613, 1E001, 1E101, 
1E201, 1E608, 9A604, 9B115, 9B116, 9B604, 9D001, 9D002, 9D003, 9D104, 
9D604, 9E001, 9E101, 9E102, and 9E604. This final rule corrects a 
typographical error in the headings of these ECCNs by adding a period 
at the end of each of these headings. This final rule makes this change 
for consistency with the format used in other ECCN headings on the CCL.
    ECCN 0E614. This final rule corrects a typographical error in ECCN 
0E614 by

[[Page 32613]]

adding a comma between the terms ``repair'' and ``overhaul'' in 
paragraph .a under the ``Items'' heading in the List of Items 
Controlled section.
    ECCNs 0D001, 1A007, 1D018, and 1E001. This final rule adds 
quotation marks to the term ``specially designed'' in these ECCNs for 
consistency with the use of quotation marks for this defined term when 
used on the CCL.
    ECCNs 0A604, 0A614, 1A005, 1A613, 1B608, 1C239, 9A604, 9D001, 
9D002, 9D003, 9D104, 9E001, 9E002, 9E101, and 9E102. This final rule 
adds quotation marks to the term ``subject to the ITAR'' where not 
already present in these ECCNs for consistency with the use of 
quotation marks for this defined term when used on the CCL.
Conforming Changes and Clarifications for January 2 Rule
    In addition, BIS makes changes to the CCL to conform to text 
adopted in the October 4 rule. These changes are not substantive, but 
rather address needed conforming changes for consistency of the CCL and 
the changes included in the October 4 rule.
    ECCNs 0D604, 0E604, 1A613, 1D608, 1E608, 9D604, and 9E604. This 
final rule corrects the heading of these ECCNs to add the phrase ``(see 
List of Items Controlled).'' This correction is needed because each of 
these ECCNs includes a description of ``items'' that are classified 
under the ``Items'' paragraph in the List of Items Controlled section. 
Therefore, these ECCN headings should include the phrase ``(see List of 
Items Controlled)'' at the end of each of these headings.
    ECCN 1A613. This final rule revises the ``items'' paragraph in the 
List of Items Controlled section to add in paragraph (e) a specific 
description of a type of personal protective ``equipment'' ``specially 
designed'' for military applications that are controlled under this 
ECCN, namely atmospheric diving suits ``specially designed'' for rescue 
operations for submarines controlled by the USML or the CCL. The 
general control on protective personnel equipment that was in paragraph 
(e) has been moved to paragraph (f). These changes do not result in new 
controls because such diving suits were within the scope of the general 
control on protective personnel equipment (that is not in paragraph 
(f)). BIS is making this clarifying change in response to questions 
from the public regarding where such diving suits were controlled.
    BIS further intends for this clarification to help resolve any 
misunderstanding that may have resulted from an erroneous statement 
published in the Federal Register on June 7, 2012 in the preamble to a 
proposed rule. (Revisions to the Export Administration Regulations 
(EAR): Control of Personal Protective Equipment, Shelters, and Related 
Items the President Determines No Longer Warrant Control Under the 
United States Munitions List (USML), 77 FR 33688, 33689). That proposed 
rule included the phrase, ``BIS proposed to move anti-gravity suits, 
pressure suits, and atmosphere diving suits, currently controlled in 
the USML under Category X(a)(3), (a)(4), and (a)(5), respectively, to 
ECCN 9A610 in the November 7 proposed rule'' (referring to Revisions to 
the Export Administration Regulations (EAR): Control of Aircraft and 
Related Items the President Determines No Longer Warrant Control Under 
the United States Munitions List (USML) (76 FR 68675, Nov. 7, 2011)). 
BIS's June 7 statement was correct with respect to USML Category 
X(a)(3) and (a)(4), but erroneous with respect to USML Category 
X(a)(5), because articles controlled under USML Category X(a)(5) were 
not proposed to move to ECCN 9A610 in the November 7 rule.
    BIS has also received questions regarding how anti-gravity suits 
(``G-suits'') and pressure suits capable of operating at altitudes 
higher than 55,000 feet above sea level are classified on the CCL. 
Because these suits are already classified under ECCN 9A610 under 
``items'' paragraphs (g), which relates to suits used in aircraft, they 
are not classified under ECCN 1A613 and no further changes to the CCL 
are necessary. To make this clearer to the public, this final rule also 
adds a new ``Related Controls'' paragraph (3) to ECCN 1A613 to alert 
persons reviewing ECCN 1A613 to also see ECCN 9A610.g for anti-gravity 
suits (``G-suits'') and pressure suits capable of operating at 
altitudes higher than 55,000 feet above sea level.

(C) December 19 Rule Corrections and Clarifications

    BIS provides the following correction to the December 19 rule, 
which became effective on January 21, 2014.
    In Sec.  762.2 (Records to be retained), the December 19 rule 
revised paragraph (b)(13) to reference Sec.  744.15(b). In revising 
this paragraph, BIS inadvertently overwrote text in (b)(13) that was 
added in the April 16 rule that BIS did not intend to remove. This 
final rule corrects this error by making three changes to Sec.  762.2. 
Specifically, this final rule: (1) Reinserts the April 16 rule text 
into paragraph (b)(13); (2) adds a new paragraph (b)(52) for the 
recordkeeping text that was intended to be added to (b)(52) in the 
December 19 rule, as well as making punctuation changes needed because 
of the addition of (b)(52); and (3) adds new paragraph (b)(53) 
described below in Section F (Other corrections and clarifications to 
the EAR).

(D) October 4 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the 
October 4 rule, which became effective in part on October 15, 2013, and 
in part on January 6, 2014. These include correcting typographical 
errors, inserting omitted quotation marks, and redesignating certain 
paragraphs to make those paragraphs easier to identify. In addition, 
this final rule makes corrections and clarifications to the CCL and 
other parts of the EAR to conform to the practices established in the 
October 4 rule, as well as for consistency with other final rules.
Typographical Errors and Other Corrections for October 4 Rule
    ECCNs 1A004, 1A101, 1C111, 2B350, 3E982, 5A002, 6A998, 7D101, 
8E001, and 9A990. This final rule corrects typographical errors in 
these ECCNs, such as adding an ``s'' at the end of the term ``chemical 
warfare agent'' in ECCN 1A004 and removing the word ``which'' in 
``Related Controls'' paragraph (2) of ECCN 1A101 because it is not 
needed.
    ECCNs 1A001, 2A291, 3A001, 5A001, 5B001, and 6A004. This final rule 
adds quotation marks to defined terms, such as ``specially designed,'' 
``components,'' ``accessories,'' and ``attachments'' in these ECCNs for 
consistency with the use of quotation marks established in the October 
4 rule.
    ECCNs 4A003 and 7E002. This final rule corrects the paragraph 
designation used in the ``Related Controls'' paragraphs in ECCN 7E002 
to make these paragraphs easier to identify. This final rule also 
corrects the paragraph designation for ``Note 1'' to ECCN 4A003 to 
refer to this note as ``Note to 4A003'' because pursuant to the October 
4 rule, there is now only one note to the License Requirements section 
of ECCN 4A003.
Conforming Changes and Clarifications for October 4 Rule
    The corrections described in this section are conforming changes to 
the CCL for the text adopted in the October 4 rule. These changes are 
not substantive, but improve consistency of the CCL and the EAR. They 
also include clarifications to address questions BIS has received since 
publishing the October 4 rule. In addition, the

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corrections described below for ECCNs 2B352, 5A980, 6A002 and 9A120 
reinsert text into those ECCNs to ensure consistency with past 
rulemakings.
    In Sec.  738.4(b)(2) (Sample CCL entry), this final rule corrects 
the sample entry to conform to the new CCL entry section headings and 
table headings included in the October 4 rule, such as correcting the 
``License Exceptions'' section heading in the sample CCL entry to 
correctly read as ``List Based License Exceptions (See Part 740 for a 
description of all license exceptions).''
    In Sec.  774.1(b)(3) (Multilateral export control regime references 
. . .), this final rule revises paragraph (b)(3) to add text that was 
intended to be included in that paragraph, but inadvertently was not 
included in the October 4 rule. In addition, to conform to the 
correction made to ECCN 0D001, this final rule also corrects in Sec.  
774.1 the Note to paragraph (b) to provide a reference to the Heading 
Note that is being added to ECCN 0D001 in this final rule.
    ECCNs 0D001, 0E001 and 2B999 and Technical Note to CCL Category 1, 
Product Group C. This final rule corrects these three ECCNs and this 
Technical Note by removing references to fourteen ECCNs in which items 
subject to the exclusive jurisdiction of the Nuclear Regulatory 
Commission (NRC) previously were classified. These ECCNs were removed 
from the CCL in the October 4 rule. (With these corrections, the 
January 2 rule's revisions to the headings of ECCNs 0D001 and 0E001, 
which consisted of updating these two headings to specifically exclude 
the ``600 series'' ECCNs added to the CCL in that rule, are no longer 
needed.) In addition to removing these references, this final rule adds 
regulatory text to ECCNs 0D001 and 2B999 to specify that the NRC has 
jurisdiction for certain nuclear related items. As a conforming change 
to the removal of the references to the fourteen ECCNs in ECCN 0D001, 
this final rule adds text to ECCN 0E001 to specify that the Department 
of Energy has export licensing authority for ``technology'' for the 
items subject to export licensing authority of the NRC. Elsewhere, the 
EAR also makes this type of jurisdictional reminder, such as in 
Supplement No. 3 to part 730--Other U.S. Government Departments and 
Agencies with Export Control Responsibilities. As described above, a 
conforming change correction was also made in Sec.  774.1 for the Note 
to paragraph (b) that references ECCNs 0D001 and 0E001.
    ECCN 1A984. This final rule amends the last phrase in the heading 
of ECCN 1A984, ``other pyrotechnic articles having dual military and 
commercial use'' to read ``other pyrotechnic articles (excluding 
shotgun shells) having dual military and commercial use, and ``parts'' 
and ``components'' ``specially designed'' therefor, n.e.s.'' Through 
this amendment, BIS seeks to clarify that it intended for ``parts'' and 
``components'' ``specially designed'' for ``other pyrotechnic articles 
(excluding shotgun shells) having dual military and commercial use'' 
that are not elsewhere specified on the CCL to be classified under ECCN 
1A984. This heading should have been amended in the October 4 rule when 
similar conforming changes and clarifications were made to the EAR. 
These changes do not expand the scope of ECCN 1A984, but serve to 
clarify the ECCN.
    The term ``articles'' is not defined in the EAR. However, 
``articles,'' as used in the EAR, could be interpreted to include 
``parts'' and ``components.'' The October 4 rule made a number of 
changes to the CCL to conform to the new definitions of ``parts'' and 
``components'' that were added to the EAR in the April 16 rule. Before 
making the October 4 rule conforming changes, BIS determined where the 
terms ``parts'' and ``components'' should be added to the CCL to 
preserve the intended scope of each ECCN while conforming to the new 
April 16 rule definitions. In doing so, BIS focused primarily on ECCNs 
in which either ``part'' or ``component'' was already used. Because 
ECCN 1A984 does not use one of those terms, the October 4 rule 
inadvertently did not amend this ECCN at the same time as other similar 
ECCNs. BIS indicated in the October 4 rule that, over time, BIS may 
further refine the use of the terms ``parts'' and ``components'' on the 
CCL (see 78 FR 61878). When BIS reviewed ECCN 1A984, it determined that 
the longstanding intent of this ECCN has been to control ``parts'' and 
``components'' for some of the commodities classified under it. 
Therefore, ``parts'' and ``components'' should have been added to the 
heading of ECCN 1A984 in the October 4 rule. As stated in the October 4 
rule, BIS is not attempting to add additional references to ``parts'' 
and ``components'' in this final rule that would change the scope of 
what ECCN 1A984 controls. The intent identified in this final rule is 
consistent with past BIS interpretation of and licensing under ECCN 
1A984.
    In addition, this final rule adds the phrase ``(excluding shotgun 
shells)'' after the term ``articles'' to clarify the delineation 
between ECCN 1A984 and existing ECCN 0A986.
    Among other things, this edit will make clear that ``items'' such 
as ``specially designed'' rubber finned projectiles for 38/40 mm rounds 
are included in ECCN 1A984, and that tiny rubber balls incorporated by 
manufacturers into ``items,'' but used for multiple other purposes that 
would meet one of the paragraph (b) ``releases'' in the definition of 
``specially designed'' set forth in Sec.  772.1 of the EAR, are not 
within the scope of ECCN 1A984.
    ECCNs 2B352 and 9A120. This final rule corrects ECCN 2B352 by 
revising paragraph (h) to reinsert text that was inadvertently removed 
in the October 4 rule when paragraph (h) was revised. This final rule 
also corrects the introductory text of ``Items'' paragraph (i) in ECCN 
2B352, which was the original intent of the October 4 rule. Paragraph 
(i) was not revised correctly because the October 4 rule did not take 
into account a June 5, 2013, final rule (78 FR 33698), which 
redesignated paragraphs (g) and (h) as paragraphs (h) and (i), 
respectively. This final rule also corrects for the same reason the 
``Technical Notes'' paragraph 2 at the end of the ``Items'' paragraph 
that references ECCN 2B352.h, which should be 2B352.i. ECCN 9A120 is 
also being corrected with this final rule to remove the reference to 
ECCN 2B352.h and add in its place 2B352.i.
    ECCN 5A980. This final rule corrects the heading in ECCN 5A980 to 
remove the reference to ECCN 5A001.i, and adds in its place 5A001.f.1. 
Based on a June 20, 2013, final rule (78 FR 37389), paragraph .i of 
ECCN 5A001 is reserved, and the correct reference is therefore 
5A001.f.1.
    ECCNs 1E001, 5B001, and 6A002. This final rule corrects the STA 
paragraphs in the ``Special Conditions for STA'' sections of ECCNs 
1E001, 5B001 and 6A002 to remove the reference to destinations in Sec.  
740.20(c)(2) and replace that with the intended reference to 
destinations in Country Group A:6 (See Supplement No. 1 to part 740 of 
the EAR). In the October 4 rule, this same change was made to other 
ECCNs that included STA paragraphs, but inadvertently was not 
implemented for these three ECCNs. In addition, this final rule 
corrects the STA paragraph in the ``Special Conditions for STA'' 
section of ECCN 6A002 to restore text that was inadvertently deleted in 
the October 4 rule to accurately reflect which ECCN 6A002 commodities 
are excluded from License Exception STA. The October 4 rule change to 
ECCN 6A002's STA paragraph was intended to be limited to updating the 
reference from (c)(2) to Country Group A:6, as well as moving the STA 
paragraph under the new ``Special Conditions for STA'' section heading. 
However, the

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October 4 rule inadvertently removed some of the exclusion text under 
ECCN 6A002. This final rule adds those additional ``Items'' paragraph 
references back into the STA paragraph in 6A002, so it now correctly 
states that License Exception STA may not be used to ship to any of the 
destinations listed in Country Group A:6 (See Supplement No. 1 to part 
740 of the EAR) any commodity classified under ECCN 6A002 paragraphs: 
6A002.a.1.a, a.1.b or a.1.c; 6A002.a.3.c, a.3.d, a.3.e, or a.3.f; or 
6A002.b.
    ECCNs 6B995 and 9B991. This final rule revises the headings of 
ECCNs 6B995 and 9B991 to make the intent of the headings clearer and to 
use a structure that is more consistent with the rest of the CCL. The 
October 4 rule revised both of these headings, but questions received 
from the public since publication suggested that the changes made for 
clarity did not achieve the intended objective. The scope and substance 
of the two ECCNs are not changed, as this correction is limited to 
revising the two headings to clarify what is classified under those two 
ECCNs.
    ECCN 8A992. The October 4 rule removed ECCN 8A918 and moved these 
commodities to ECCN 8A992.l and .m, respectively, because they are not 
inherently military items and warrant only an AT control. To conform to 
the removal of ECCN 8A918, this final rule corrects ECCN 8A992 to 
remove an inadvertently retained UN control paragraph in the License 
Requirement section.
    ECCN 9A619. This final rule removes the term ``aircraft'' before 
the term ``commodities'' in ECCN 9A619.y introductory text because ECCN 
9A619 also controls commodities for gas turbine engines, such as those 
for aircraft, ship, and land vehicles. Inadvertent use of the term 
``aircraft'' was inconsistent with the rest of ECCN 9A619. This is not 
a substantive change to the scope of the ECCN 9A619, but rather this is 
a change made for consistency with the scope of ECCN 9A619 and the 
original intent of the commodities to be classified under this ECCN.
    ECCNs 9B115, 9B116, and 9E101. The October 4 rule revised the 
headings of ECCNs 9B115 and 9B116 to indicate that the ECCNs identified 
in these headings include ECCNs 9A103 to 9A109, among others. However, 
the ``Related Controls'' paragraphs in ECCNs 9B115 and 9B116, instead 
of referencing ECCNs 9A103 to 9A109 incorrectly includes ECCNs 9A104 to 
9A109. Similarly, the October 4 rule revised the heading of ECCN 9E101 
reference ECCNs 9A103 to 9A111, among others, but the ``Related 
Controls'' paragraph of ECCN 9E101 references 9A104 to 9A111. This 
final rule removes 9A104 and adds 9A103 in its place in the ``Related 
Controls'' paragraphs of ECCNs 9B115, 9B116 and 9E101.
    ECCNs 9B610 and 9B619. The October 4 rule revised the ``Related 
Controls'' paragraphs of ECCNs 9B610 and 9B619 to add in the ``Related 
Controls'' section ``equipment'' controlled under USML Category 
VIII(h)(1) and USML Category XIX(f)(1), respectively. This text is 
identical to the control text in USML Category VIII(h)(1) and USML 
Category XIX(f)(1). The ITAR-controlled ``equipment'' referred to in 
the ``Related Controls'' paragraphs does not include the items 
described in ECCNs 9B610 or 9B619. This final rule amends these two 
``Related Controls'' paragraphs to make this point more clear.
    Lastly, under ECCN 9B610, this final rule adds quotation marks 
around the defined terms, ``parts,'' ``components,'' ``accessories,'' 
``attachments,'' and ``specially designed'' in the ``Related Controls'' 
paragraph in the List of Items Controlled section of 9B610 to make the 
ECCN consistent with the quotation marks practice described in the 
April 16 rule and with other references to these defined terms on the 
CCL. In addition, this final rule adds a second sentence to the 
``Related Controls'' paragraph to also reference USML Category 
VIII(h)(2)-(26), in addition to USML Category VIII(h)(1).

(E) July 8 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the 
July 8 rule, which became effective on January 6, 2014. These include 
correcting typographical errors, inserting omitted quotation marks, and 
adding text for consistency with other final rules and the structure of 
the CCL.
Typographical Errors and Other Corrections for July 8 Rule
    ECCNs 0A606, 0A617, 0E018, and 8A609. This final rule corrects 
typographical errors in these ECCNs, such as deleting an extra 
semicolon in ``Items'' paragraph y.8 in the List of Items Controlled 
section of ECCN 8A609 and adding a period that was mistakenly not 
included in ECCN 0E018.
    ECCNs 0A606, 0A617, 8A018, and 8A620. This final rule adds 
quotation marks to certain uses of defined terms, such as ``specially 
designed,'' ``components,'' and ``parts'' in these ECCNs for 
consistency with the use of quotation marks practice identified in the 
July 8 rule.
    ECCN 0A617. This final rule adds the ``Related Definitions'' 
paragraph after the ``Related Controls'' paragraph in ECCN 0A617. The 
``Related Definitions'' paragraph does not define any terms in this 
ECCN because it is designated as ``N/A.'' However, for the sake of 
consistency with the other ECCNs on the CCL that include a ``List of 
Items Controlled'' section, the ``Related Definitions'' paragraph 
should have also been included in ECCN 0A617.
    ECCNs 0A918 and 8C609. This final rule adds the phrase ``(see List 
of Items Controlled)'' to the end of the headings for ECCNs 0A918 and 
8C609. Both ECCNs include a description of the ``Items'' controlled in 
the List of Items Controlled section. For the sake of consistency with 
the structure used for other ECCNs on the CCL, the phrase ``(see List 
of Items Controlled)'' should have been included in these ECCNs.

(F) April 16 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the 
April 16 rule, which became effective on October 15, 2013. These 
include correcting typographical errors, inserting omitted quotation 
marks and redesignating certain paragraphs to make those paragraphs 
easier to identify. In addition, this final rule makes corrections and 
clarifications to the CCL and other parts of the EAR to conform to the 
amendments made in the April 16 rule, as well as for consistency with 
other final rules.
Typographical Errors and Other Corrections for April 16 Rule
    In Supplement No. 1 to Part 748, Block 24; Sec.  772.1, ``specially 
designed'' definition, Note 1 to paragraph (a)(1); and Supplement No. 4 
to Part 774--Commerce Control List Order of Review, paragraph (a)(5), 
this final rule corrects typographical errors in these EAR references. 
These changes include adding a space between two words in Supplement 
No. 1 to Part 748, Block 24, removing an errant closed parenthesis at 
the end of the same sentence and removing an extra ``a'' in Note 1 to 
paragraph (a)(1) of ``specially designed'' because it is not needed.
    In Supplement No. 1 to part 736, under General Order No. 5, this 
final rule corrects the paragraph designations used in the General 
Order No. 5 paragraphs for consistency with the Federal Register 
Drafting Handbook for paragraph designations and to make these 
paragraphs easier to identify. The title General Order No. 5 will be

[[Page 32616]]

preceded by paragraph designation (e), in keeping with the other 
General Orders, and all of the other paragraphs in General Order No. 5 
are redesignated one paragraph level lower. For example, this final 
rule redesignates paragraph (a) as paragraph (e)(1).
    In Sec. Sec.  744.17(d) and 744.21, this final rule makes 
conforming changes consistent with the intent of the April 16 rule. The 
April 16 rule revised Sec. Sec.  744.17(d) and 744.21 to use single 
quotation marks around the term `military end use' and delete the 
hyphen in the term ``end-use.'' However, Sec.  744.17(d) currently 
retains the hyphen and, because the amendatory instruction for Sec.  
744.21 did not include revising the section heading, the single 
quotation marks and deletion of the hyphen were not incorporated into 
the EAR for Sec.  744.21. This final rule corrects the paragraph 
heading of Sec.  744.17(d) and the section heading of Sec.  744.21 to 
add single quotation marks around `military end use' in the latter and 
delete the hyphen in ``end use'' for both, as intended in the April 16 
rule.
Conforming Changes and Clarifications for April 16 Rule and Revisions 
to License Exception GOV
    The corrections described in this section are conforming changes 
and clarifications to the CCL for the amendments included in the April 
16 rule. These changes are not substantive, but rather address needed 
conforming changes for consistency of the CCL and the rest of the EAR, 
as well as clarifications to address questions BIS has received since 
the publication of the April 16 rule.
    In Sec.  736.2(b)(3) (General Prohibition Three--Reexport and 
export from abroad of the foreign-produced direct product of U.S. 
technology and software (Foreign-Produced Direct Product Reexports)), 
this final rule clarifies the country scope of prohibition for ECCN 
0A919 by adding a sentence to the end of paragraph (b)(3)(i) that is 
specific to 0A919 and adopts the same country scope of prohibition as 
the additional country scope of prohibition for ``600 series'' items in 
paragraph (b)(3)(iii). Although 0A919 commodities are not ``600 
series'' items, they are military commodities and should have the same 
country scope prohibitions as ``600 series'' items under the direct 
product rule. Lastly, as a clarification for paragraph (b)(3)(i), this 
final rule adds the phrase ``or export from abroad'' after the term 
``reexport'' for consistency with paragraph (b)(3)(iii).
    In Sec.  740.2(a)(13)(vi) (Restrictions on all license exceptions), 
this final rule revises and simplifies paragraph (a)(13)(vi), which is 
the paragraph for the general restrictions on the use of license 
exceptions for ``600 series'' items that refers to the eligibility of 
License Exception STA for ``600 series'' items. The final rule revises 
the introductory text under paragraph (a)(13)(vi) to specify that 
License Exception STA under Sec.  740.20(c)(1) of the EAR is available 
to overcome the general restrictions on the use of license exceptions 
for ``600 series'' items, provided all of the applicable terms and 
conditions, including those specific to the ``600 series'' are met. 
This amendment does not change the requirements for or limitations on 
the use of License Exception STA for ``600 series'' items. 
Specifically, this final rule simplifies the reference to License 
Exception STA by deleting paragraphs (a)(13)(vi)(A), (B), (C) and (D) 
and revises the introductory text to conform to references to the other 
license exceptions that are eligible for ``600 series'' items as 
specified under paragraph (a)(13). BIS makes this change in this final 
rule to avoid restating the same requirements in different sections of 
the EAR. The change is also necessary to reduce the danger that someone 
may mistakenly believe that the License Exception STA paragraphs in 
(a)(13)(vi)(A), (B), (C) and (D) contain a complete list of the 
applicable terms and conditions of License Exception STA. In addition, 
this final rule revises the last sentence in the introductory text of 
paragraph (a)(13) for clarity, but does not change the meaning of 
paragraph (a)(13).
    In Sec.  740.10 (License Exception Servicing and replacement of 
parts and equipment (RPL)), this final rule removes the term ``U.S. 
origin'' modifying the terms ``parts, components, accessories, or 
attachments,'' ``commodity or software'' and ``equipment.'' This final 
rule also removes the term ``U.S. origin'' and replaces it with the 
phrase ``subject to the EAR'' with, at times, the citation ``(see Sec.  
734.2(a) of the EAR).'' This final rule also removes the term ``U.S. 
origin'' in paragraphs (a)(2)(ii), (a)(4)(i), (b)(1), and (b)(3) of 
License Exception RPL to better conform to the corresponding ITAR 
exemption under Sec.  123.4(a)(1)(22 CFR 123), where the term ``U.S. 
origin'' is not used. The April 16 rule stated on page 78 FR 22669 that 
``a general principle underlying the incorporation of the `600 series' 
into the EAR is that, because items subject to the EAR are less 
militarily significant than those subject to the ITAR, EAR exceptions 
should not be more restrictive than comparable ITAR exemptions.'' The 
use of the term ``U.S. origin'' in License Exception RPL is another 
example where an EAR license exception is more restrictive than the 
corresponding ITAR exemption and therefore, the term ``U.S. origin'' 
should have been removed from License Exception RPL consistent with the 
other changes made in the April 16 rule to other EAR license 
exceptions. BIS became aware of this needed correction based on 
questions received from the public after the April 16 rule became 
effective on October 15, 2013. In addition, because the scope of the 
EAR extends beyond U.S. origin items, such as to foreign origin items 
that are ``subject to the EAR,'' License Exception RPL under paragraphs 
(a) and (b) should also be available for those foreign origin items 
that are ``subject to the EAR'' in addition to U.S. origin items that 
are subject to the EAR. These corrections will preserve the intended 
scope of License Exception RPL and also better correspond to the ITAR 
exemption under Sec.  123.4(a)(1) and may result in a slight reduction 
in the number of license applications received by BIS.
    In Sec.  740.11(c), this final rule revises License Exception GOV 
to allow items subject to the EAR to be exported, reexported, or 
transferred (in-country) to agencies of the North Atlantic Treaty 
Organization (NATO) in accordance with the terms and conditions of that 
license exception. Thus, NATO agencies will be treated like cooperating 
governments in that provision of GOV. Under new paragraph (c)(2)(ii), 
License Exception GOV will be available for the official use of a 
cooperating government's military end user, for a cooperating 
government's military end use, or for a NATO agency. Unlike paragraph 
(c)(2)(i), new paragraph (c)(2)(ii) has no territorial restriction on 
where the items may be used. These revisions will enable the United 
States to improve interoperability with NATO and other close allies. 
Lastly, as a conforming change to the capitalization of section 
headings in the EAR, this final rule revises the section heading for 
740.11 to make all terms used in the section heading lower case, except 
for the first term used in the section and proper nouns used in the 
section heading.
    In Sec. Sec.  740.12(a), 740.13(d)(1), and 740.15(c)(1) and (c)(2), 
this final rule redesignates the footnotes in part 740 as a conforming 
change to the April 16 rule revisions to Sec.  740.9 that included the 
removal of footnote 1 to paragraph (b)(1)(iv) in that section. The 
April 16 rule did not redesignate the other footnotes used in part 740, 
so there is no longer a footnote 1 to part 740. To redesignate the 
footnotes in part 740, so

[[Page 32617]]

the footnotes begin with footnote 1, the final rule redesignates 
footnote 2 to Sec.  740.12(a) as footnote 1; footnote 3 to Sec.  
740.13(d)(1) as footnote 2; and footnotes 4 and 5 to Sec.  740.15(c)(1) 
and (c)(2) as footnotes 3 and 4, respectively.
    In Sec.  740.20 (License Exception Strategic Trade Authorization 
(STA)), this final rule makes six clarifications to License Exception 
STA. The first and second are the clarification being made to paragraph 
(b)(3)(ii)(B) and a corresponding change to paragraph (d)(2)(vii)(B), 
the third and fourth are the clarification being made to paragraph 
(b)(3)(ii)(C) and a corresponding change to paragraph (d)(2)(vi)(C), 
the fifth is a conforming change in Note to paragraph (c)(1) for text 
used in other parts of License Exception STA, and the sixth is a 
clarification in the form of one additional sentence that this final 
rule adds to further remind exporters, reexporters, and transferors of 
the requirement to obtain a prior consignee statement consistent with 
the requirement of paragraph (d)(2) (Prior Consignee Statement) and the 
addition of a new paragraph to the prior consignee statement. These 
corrections and conforming changes are described below.
    In Sec.  740.20, under paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B) 
(which was formerly designated as paragraph (d)(2)(vi)(B)), this final 
rule revises paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B) to clarify 
what is intended by the phrase ``that will ultimately be used by'' when 
a ``600 series'' item is exported, reexported or transferred (in-
country) to a country in Country Group A:5 that will be subsequently 
sent to the United States for use by a person in the United States. The 
text could be read to mean that ``600 series'' items that are sent to 
the United States must ultimately be used by a U.S. person, which was 
not the intended interpretation. As described in greater detail below, 
in order to clarify the intended meaning, this final rule revises 
paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B) by creating two identical 
paragraphs under each. Those paragraphs' introductory requirements, 
specifying that the items must be for the ``development,'' 
``production,'' operation, installation, maintenance, repair, overhaul, 
or refurbishing of an item in one of the countries listed in Country 
Group A:5 or the United States, are retained from the April 16 rule.
    This final rule moves the remaining requirements of paragraph 
(b)(3)(ii)(B) to new paragraphs (b)(3)(ii)(B)(1) and (b)(3)(ii)(B)(2), 
and the remaining requirements of paragraph (d)(2)(vii)(B) to new 
paragraphs (d)(2)(vii)(B)(1) and (d)(2)(vii)(B)(2), respectively. The 
new paragraphs, (b)(3)(ii)(B)(1) and (d)(2)(vii)(B)(1), specify that 
the items must be ultimately used by government agencies in one of the 
countries listed in Country Group A:5 or the United States Government.
    This final rule also adds new paragraphs (b)(3)(ii)(B)(2) and 
(d)(2)(vii)(B)(2) to specify that items sent to a person in the United 
States and not for subsequent export under Sec.  740.9(b)(1) (License 
Exception TMP for items moving in transit through the United States) 
are also within the scope of paragraph (b)(3)(ii)(B) and 
(d)(2)(vii)(B). The new paragraphs (b)(3)(ii)(B)(2) and 
(d)(2)(vii)(B)(2) clarify the requirements for when items will be sent 
to a person in the United States that may or may not be ultimately used 
by a U.S. person. However, any subsequent export of a ``600 series'' 
item from the United States, including after incorporation into another 
item in the United States, must comply with U.S. export control laws. 
This final rule also clarifies in paragraphs (b)(3)(ii)(B)(2) and 
(d)(2)(vii)(B)(2) that ``600 series'' items sent to a person in the 
United States must not be for subsequent export under Sec.  740.9(b)(1) 
(License Exception TMP for items moving in transit through the United 
States). This is not a substantive change and is limited to clarifying 
the original intent of License Exception STA for ``600 series'' items 
sent to a person in the United States.
    In Sec.  740.20 under paragraphs (b)(3)(ii)(C) and (d)(2)(vii)(C), 
this final rule revises paragraphs (b)(3)(ii)(C) and (d)(2)(vii)(C), 
which prior to this final rule was designated as paragraph 
(d)(2)(vi)(C), to remove the phrase ``the consignee has,'' adds the 
term ``exists'' after the words ``such authorization,'' and to remove 
the term ``provides'' and in its place add the phrase ``has provided.'' 
This change is made to paragraph (b)(3)(ii)(C) to conform to the intent 
of this requirement, which was to confirm that the United States 
Government has otherwise authorized the ultimate end use and the 
consignee confirms the authorization exists. This change is also 
intended to clarify that the license or other approval identifier must 
be sent before the export, reexport or transfer occurs.
    This requirement was not intended to be limited to whether the 
consignee that receives a ``600 series'' item under License Exception 
STA has such authorization itself, but rather whether such an 
authorization exists for the ultimate end-use of the item. In certain 
fact patterns, the consignee may have such authorization, as reflected 
in the April 16 rule. However, for STA consignees that are 
manufacturers earlier in a supply chain, such as an aircraft 
``component'' manufacturer, it is likely that the person that will have 
the authorization described in (b)(3)(ii)(C) is further along the 
chain, such as the aircraft manufacturer or other person selling the 
aircraft. If the consignee earlier in the process can confirm with the 
company later in the supply chain, such as the aircraft manufacturer or 
other person selling the aircraft, that the United States Government 
has otherwise authorized the ultimate end use, that confirmation will 
be sufficient to meet the criteria of paragraph (b)(3)(ii)(C) as 
clarified by this final rule. In the prior consignee statement 
paragraph in (d)(2)(vii)(C), this final rule makes the same 
clarification as a conforming change to the revised paragraph 
(b)(3)(ii)(C).
    In Sec.  740.20 under Note to paragraph (c)(1), this final rule 
corrects the Note to paragraph (c)(1) to make a conforming change by 
adding the phrase ``or other approval'' after the term ``license.'' The 
requirement specified in Note 1 to paragraph (c)(1) can be met under a 
previously approved license or other approval (i.e., DDTC Manufacturing 
License Agreement (MLA), Technical Assistance Agreement (TAA), 
Warehouse Distribution Agreement (WDA), or General Correspondence 
approval (GC)) issued by BIS or DDTC, U.S. Department of State. The 
phrase ``or other approval'' is used in other parts of License 
Exception STA, including in paragraph (c), and this text was also 
intended to be included in the Note to paragraph (c).
    In Sec.  740.20(d)(2) (Prior Consignee Statement), this final rule 
adds one sentence to the introductory text of paragraph (d)(2) as an 
additional reminder that each party using License Exception STA to 
export, reexport or transfer (in-country), including reexporters and 
transferors of items previously received under License Exception STA, 
must obtain a prior consignee statement from its consignee and retain 
the statement required by paragraph (d)(2). Paragraph (d)(2) already 
includes this requirement, but based on questions BIS received 
regarding whether a reexporter or transferor of items previously 
received under License Exception STA must obtain and retain the 
statement required by paragraph (d)(2), BIS determined that adding 
another sentence to the introductory text of this paragraph would be 
helpful. For example, a company exports an item eligible for License 
Exception STA to a consignee located in Germany. The U.S. exporter

[[Page 32618]]

obtained the prior consignee statement from the consignee in Germany 
prior to making the export authorized under License Exception STA, as 
well as meeting the other applicable terms and conditions of License 
Exception STA. The company in Germany decides to reexport the item 
received under License Exception STA to a consignee in France. The 
German company in this scenario must obtain the prior consignee 
statement from the consignee in France prior to using License Exception 
STA, just as the U.S. exporter obtained the prior consignee statement 
before exporting to Germany.
    In addition, this final rule redesignates paragraphs (d)(2)(iv), 
(v), (vi) and (vii), as paragraphs (d)(2)(v), (vi), (vii) and (viii) 
respectively. This final rule redesignates these paragraphs, so a new 
paragraph (d)(2)(iv) can be added for the prior consignee statement. 
This final rule adds a new paragraph (d)(2)(iv) to specify that the 
prior consignee statement must also include a statement that the 
consignee agrees to obtain a prior consignee statement when using 
License Exception STA for any reexport or transfer (in-country) of 
items previously received under License Exception STA. The obligation 
to get a retransfer certification as part of the prior consignee 
statement under License Exception STA is no more of a burden than the 
need to get a retransfer authorization under 22 CFR 123.9 (Country of 
ultimate destination and approval of reexports or retransfers) of the 
ITAR. As a conforming change this final rule revises the last two 
sentences of the introductory text of paragraph (d)(2) to clarify that 
paragraphs (d)(2)(i) through (vi) of this section are required for all 
transactions under License Exception STA. (This includes the new 
paragraph (d)(2)(iv) that is added with this final rule, as well as the 
former paragraphs (d)(2)(iv) and (d)(2)(v) that this rule redesignates 
as paragraph (d)(2)(v) and (vi)). The conforming changes also update 
the reference to the ``600 series'' by specifying that paragraph 
(d)(2)(vii) is required for all transactions in ``600 series'' items 
and paragraph (viii) of this section is required for transactions in 
``600 series'' items if the consignee is not the government of a 
country listed in Country Group A:5 (See Supplement No. 1 to part 740 
of the EAR).
    Lastly, this final rule adds to the end of paragraph (d)(2) a new 
requirement that the prior consignee statement must include the name 
and title of the person signing the document, and the date the document 
is signed. This is a change to the prior consignee statement, although 
based on BIS reviews of prior consignee statements, in many cases 
consignees have already been including such information as part of 
their prior consignee statements. Including such information is a good 
compliance practice and will help to better identify who provided the 
consignee statement and when the statement was provided, so this final 
rule adds these as additional elements to be included in the prior 
consignee statement along with the clarification to the prior consignee 
statement described above.
    BIS recognizes that this rule's clarification to the prior 
consignee statement could have resulted in requiring exporters, 
reexporters and transferors to obtain new consignee statements. To 
avoid making those with existing consignee statements have to obtain 
replacement consignee statements simply to accommodate this rule's 
clarifications, the clarifications to the prior consignee statement 
will only apply to statements issued or amended after this rule becomes 
effective.
    License Exceptions TMP and GOV cross-references are updated in this 
final rule to conform to changes implemented in the April 16 rule. 
Specifically, this rule updates the references to TMP in: Sec.  
740.2(a)(5)(i) and (ii) from Sec.  740.9(a)(2)(ii) to Sec.  740.9(a)(4) 
(for kits consisting of replacement parts); Sec. Sec.  746.2(a)(1)(i), 
746.4(c), and 746.9(b)(i) from Sec.  740.9(a)(2)(viii) to Sec.  
740.9(a)(9) (for the news media); and Sec.  758.1(c)(6) from Sec.  
740.9(a)(2)(i) to Sec.  740.9(a)(1) (for tools of trade).
    In addition, prior to those revisions, the criteria for export or 
reexport to U.S. government personnel and agencies under License 
Exception GOV was in Sec.  740.11(b)(2)(i) and (ii) of the EAR and the 
criteria for export or reexport to agencies of a cooperating government 
were in Sec.  740.11(b)(2)(iii) and (iv) of the EAR. As revised, the 
criteria relating to agencies and personnel of the U.S. government are 
now in Sec.  740.11(b)(2) and those relating to agencies of a 
cooperating government are in Sec.  740.11(c)(2). The April 16 rule 
also made additional types of transactions relating to agencies and 
personnel of the U.S. government eligible for License Exception GOV in 
order to make License Exception GOV consistent with U.S. government 
related license exemptions available under the ITAR. However, the rule 
making those additions did not make conforming changes to Sec. Sec.  
746.4(c) and 746.9(b) of the EAR, which limit use of license exceptions 
for exports and reexports to North Korea and Syria, respectively. BIS 
did not intend to limit U.S. government related transactions to those 
destinations more narrowly than U.S. government related transactions to 
other destinations. Accordingly, this rule revises Sec. Sec.  746.4(c) 
and 746.9(b) of the EAR to allow use of License Exception GOV for all 
of the types of transactions described in Sec.  740.11(b)(2) of the 
EAR.
    In Sec.  750.7(c)(1)(ix) (Direct exports, reexports, or transfers 
(in-country) to and among approved end users and ultimate consignee on 
a license), this final rule makes a correction to this paragraph by 
adding the phrase ``and ultimate consignee'' after the phrase ``to and 
among approved end users'' to specify that direct exports, reexports, 
or transfers (in-country) to and among approved end users and the 
ultimate consignee on a license are a non-material change to the 
license, provided the other terms and conditions of paragraph 
(c)(1)(ix) are met. This was the intent of the April 16 rule, but after 
receiving a question that asked whether the ``to and among'' concept 
described in paragraph (c)(1)(ix) was intended to include the ultimate 
consignee listed on the license, BIS recognized that the regulatory 
text did not refer to the ultimate consignee and decided to correct 
this omission in this final rule.
    In Sec.  762.2(b)(9) (Records to be retained), this final rule 
corrects that paragraph by removing the outdated reference to ``Sec.  
740.13(f)'' (Technology and software--unrestricted TSU) and adding in 
its place the current paragraph reference ``Sec.  740.13(h).'' 
Paragraph (f) was redesignated as paragraph (h) in the April 16 rule, 
but this conforming change was not made to Sec.  762.2, so this final 
rule reflects the new paragraph designation in Sec.  740.13.
    ECCNs 9A610 and 9A619. This final rule makes a clarification for 
the ``600 series'' .y paragraphs in 9A610 and 9A619. BIS has received 
questions from the public regarding the classification of ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' for commodities specified in the respective ``600 series'' 
.y paragraphs. For example, galleys are classified under 9A610.y.9 and 
the public has asked whether ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' ``specially designed'' for 
galleys, such as a sink ``specially designed'' for use in a galley, are 
also classified under 9A610.y. These questioners believed BIS's intent 
was likely that such ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' were also intended to be classified under those 
respective .y paragraphs and not under ``600 series'' .x paragraphs. To 
clarify the classification of such commodities, BIS adds the phrase 
``and ``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
``specially designed''

[[Page 32619]]

therefor'' to the end of the .y paragraphs in 9A610 and 9A619, making 
it clear that such commodities are also classified under the .y 
paragraphs in these respective ``600 series'' ECCNs.'' BIS has recently 
made this same clarification to the .y paragraphs in ECCNs 0A606, 
0A617, 0B617, 8A609, 8A620, 8B609 and 8B620 in a correction rule for 
the July 8 rule. Subsequent ECR implementation final rules will also 
generally include such text regarding the scope of the respective .y 
paragraphs.
    This final rule also makes a change to ECCN 9A610 to clarify where 
``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
``specially designed'' for commodities in ECCN 9A610.h are classified. 
The commodities classified in 9A610.h were moved from ECCN 9A018 in the 
April 16 rule. The former ECCN 9A018.e did not include a control on 
``specially designed'' ``parts,'' ``components,'' ``accessories,'' and 
``attachments,'' meaning such ``specially designed'' ``parts, 
``components,'' ``accessories, and ``attachments'' prior to the April 
16 rule, and dating back to the early 1990s, were designated as EAR99. 
For consistency with the Wassenaar Arrangement Munitions List (WAML) 
10.g, the April 16 rule added ``parts, ``components,'' ``accessories,'' 
and ``attachments'' for items under ECCN 9A610.h, which was done with 
the `catch-all' paragraph in ECCN 9A610.x based on ``specially 
designed.'' A person with ``components'' ``specially designed'' for 
commodities classified in ECCN 9A610.h raised the question whether it 
was BIS's intention to move the classification of such ``components'' 
from EAR99 to an ECCN with a worldwide license requirement, except for 
Canada, by classifying such ``components'' under 9A610.x.
    BIS determined that, for consistency with WAML 10.g, such 
``parts,'' ``components,'' ``accessories,'' and ``attachments'' should 
be classified under a ``600 series'' ECCN, but because they are 
militarily less significant, such ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' ``specially designed'' for 
commodities in ECCN 9A610.h should have been classified in the April 16 
rule as ``specially designed'' ``parts,'' ``components, 
``accessories,'' and ``attachments'' under a paragraph in ECCN 9A610.y. 
This final rule makes this correction to ECCN 9A610 by adding a new 
``Items'' paragraph y.30 in the List of Items Controlled section. This 
paragraph will clarify that ``parts,'' ``components,'' ``accessories,'' 
and ``attachments'' ``specially designed'' for commodities other than 
electronic items or navigation equipment in ECCN 9A610.h are classified 
under 9A610.y.30, which is consistent with BIS's original intention for 
where such militarily less significant items should be controlled under 
the ``600 series.''
    Finally, this final rule revises 9A610.h to add the term 
``parachute'' between the phrase ``complete canopies'' to clarify the 
control is for complete parachute canopies and not complete cockpit 
canopies.
    ECCN 9B619. This final rule corrects 9B619 by adding the phrase 
``(see List of Items Controlled)'' to the end of the heading. ECCN 
9B619 includes an ``Items'' paragraph in the List of Items Controlled, 
so the heading should include the phrase ``(see List of Items 
Controlled).'' This change is made for consistency with the CCL and 
past final rules that adopted this consistent structure for ECCN 
headings on the CCL.

(G) Other Corrections and Clarifications to the EAR

    In addition to the corrections and clarifications described above, 
this final rule makes the following additional corrections and 
clarifications to the EAR, which resulted from amendments included in 
other final rules or other changes, such as removing a telephone number 
that is no longer needed in the EAR.
Other Typographical Errors and Corrections
    ECCN 1C350. This final rule corrects 1C350.c.12 by removing the 
hyphen from Ethyldiethanolamine. The hyphen was unintentionally 
included when this paragraph was initially published in the Federal 
Register on December 29, 2004 (69 FR 77890).
    In CCL Category 2, Product Group E, Materials Processing Table on 
Deposition Techniques, this final rule corrects the resultant coating 
for Molybdenum and Molybdenum alloy substrates in the Materials 
Processing Table on Deposition Techniques in the introductory portion 
of Category 2, Product Group E. The table listed the resultant coating 
as ``Dielectric Players'' and it is corrected to read ``Dielectric 
layers.''
Other Conforming Changes and Clarifications to Past Amendments to EAR
    In Sec.  740.9, this final rule makes a correction to the heading 
of paragraph (a)(6) (Inspection and calibration) by adding the terms 
``test'' and ``repair'' to the heading of this paragraph. Paragraph 
(a)(6) includes the terms ``test'' and ``repair'' in the text of the 
paragraph, but the heading may give the mistaken impression that the 
scope of this paragraph is limited to inspection and calibration, so 
the heading is revised to read ``Inspection, test, calibration and 
repair,'' which more accurately reflects the scope of this paragraph.
    Also in Sec.  740.9 (Temporary Imports, Exports, Reexports, and 
Transfers (in-country) (TMP)), this final rule makes a correction to 
paragraph (c)(8) by removing the phrase ``paragraphs (a) through (e)'' 
and adding in its place ``paragraphs (a) through (d)'' for the 
reference to Supplement No. 6 to part 742. Supplement No. 6 to part 742 
does not include a paragraph (e).
    In Sec.  740.10 (License Exception Servicing and replacement of 
parts and equipment (RPL)), this final rule makes a clarification to 
License Exception RPL to replace the tern ``returned'' with the term 
``sent'' in paragraph (b)(1) (Scope). This change is made to clarify 
that the scope of paragraph (b) does not require that the item in 
question be originally exported from the United States and subsequently 
returned to the United States for servicing. This change is made 
because the intent of paragraph (b)(1) is to also allow for items 
produced outside the United States to be sent to the United States for 
servicing under paragraph (b). In addition, this final rule makes a 
conforming change to paragraph (b)(1) by adding in the phrase ``or to a 
foreign party for servicing,'' so the scope paragraph (b)(1) accurately 
reflects the scope of the authorization in paragraph (b)(2).
    In Sec.  742.6(b) (Licensing policy), this rule revises the first 
sentence of Sec.  742.6(b)(1) to explicitly state the foreign policy 
considerations employed in review of license applications for ``600 
series'' items include the United States' foreign policy interest of 
promoting the observance of human rights throughout the world. This is 
a longstanding foreign policy interest of the United States that is 
noted in both statute and regulation (see, e.g. 22 U.S.C. 2304(a) and 
15 CFR 742.7(a)). This revision merely provides explicit notice that 
the review of license applications for ``600 series'' items to 
determine whether the transaction is contrary to the foreign policy 
interests of the Unites States includes consideration of human rights. 
This is not a substantive change from the policy set forth in Sec.  
742.6(b)(1).
    In Sec.  746.3 (Iraq), this final rule also removes the outdated 
reference to the ``Interim Government of Iraq'' and adds in its place 
the correct reference the ``Government of Iraq.'' The final rule also 
in that same section removes the outdated reference to the phrase ``or 
the Multinational Force in Iraq.''

[[Page 32620]]

    In Sec.  746.3(c) (License Exceptions), in addition to the changes 
described above for this section to remove the two outdated references, 
this final rule removes an errant open quotation mark, adds a sentence 
to the end of paragraph (c) to clarify the relationship between the 
license requirements in paragraph (a)(4) of this section and the use of 
license exceptions. This new sentence clarifies that license exceptions 
may not be applied to paragraph (a)(4) license requirements. This 
clarification is not a change in policy, but rather clarifies the 
existing relationship between paragraphs (a)(4) and (c).
    In Sec.  748.2(a)(3), this final rule removes the first telephone 
number listed (408) 998-8805 for BIS's Western Regional Office in 
paragraph (a)(3) because it will no longer be used as a general 
outreach number. The second telephone number listed in that paragraph 
for the Western Regional Office is intended to be used by the public as 
a general outreach number and will remain in paragraph (a)(3).
    In Sec.  748.4(h) (Emergency processing), this final rule revises 
the cross reference regarding validity periods on emergency licenses 
from Sec.  750.7(h) to Sec.  750.7(g). Section 750.7(g) is the section 
of the EAR that addresses validity periods, including for emergency 
licenses. This revision simply corrects an error and improves the 
utility of the EAR to exporters.
    In Supplement No. 7 to Part 748 (Authorization Validated End-User 
(VEU): List of Validated End-Users, Respective Items Eligible for 
Export, Reexport and Transfer, and Eligible Destinations), this rule 
corrects an oversight by adding an omitted Federal Register citation to 
one of the VEU entries. Specifically, in this rule, BIS amends the VEU 
List by revising the ``Federal Register Citation'' Column for VEU Lam 
Research Service Co., Ltd. (Lam) in ``China, (Peoples Republic of)'' to 
include the citation for the most recent amendment to Lam's VEU 
authorization. That citation is 78 FR 54752, 9/6/13.
    In Sec.  750.7(c) (Changes to the license), this final rule adds a 
non-material change under new paragraph (c)(2) (Notification of name 
change by advisory opinion request) to specify that in certain cases a 
name change can be made for a party listed on a BIS license (i.e., name 
of exporter, reexporter, purchaser, intermediate consignee, ultimate 
consignee, or end user), provided no changes in ownership, merger or 
acquisition activity, or other change in legal status has occurred 
since the time the license was approved for the person listed on the 
license. In order to rely on this new paragraph, BIS must have approved 
the name change in response to a request for an advisory opinion 
submitted by the licensee that BIS treat the name change as an eligible 
name change under this paragraph. Prior to publication of this final 
rule, because name changes were not identified in paragraph (c), any 
name change for a party listed on a BIS license was a material change 
to the license. However, in certain cases, exporters, reexporters or 
transferors submitted advisory opinion requests to BIS that requested 
BIS confirmation that certain name changes did not warrant a new 
license, because the party listed on the license was the same in all 
respects, except for the change in the name, which was typically being 
changed for marketing or branding reasons. BIS has approved such name 
changes in the past through advisory opinion responses when the person 
listed on the license was the same, except for the name change. Making 
BIS's past practice more explicit in the EAR will also make the EAR 
more consistent with the ITAR since DDTC uses a similar process for 
reviewing and approving similar types of name changes under 22 CFR 
126.3 (Exceptions) and 22 CFR 122.4 (Notification of changes in 
information furnished by registrants). BIS adds this new paragraph 
(c)(2) to ensure all interested parties are aware that such an advisory 
opinion may be submitted to BIS.
    This final rule adds a new paragraph (c)(2)(i) to specify the 
information that must be included in advisory opinion requests for name 
changes. This final rule adds a new paragraph (c)(2)(ii) to specify how 
BIS will respond to such an advisory opinion request. This rule adds a 
new paragraph (c)(2)(iii), to specify the additional actions required 
by a licensee, when relying on paragraph (c)(2), including a cross 
reference to see Sec.  758.4(d) (Exports against licenses with approved 
name changes) for export clearance requirements for such licenses. 
These requirements under paragraphs (c)(2)(i)-(iii) put into the EAR 
the established practices and review criteria BIS already uses when 
reviewing such advisory opinion requests and making such 
determinations. Lastly, paragraph (c)(2)(iv) reminds the licensee that 
if the name change request is not approved by BIS or the licensee 
believes that the name change that is a material change to the license, 
then the parties to the transaction should apply for a new license. 
Sec.  758.1 (The Electronic Export Information (EEI) filing to the 
Automated Export System (AES)), Sec.  758.4 (Use of export license) and 
Sec.  762.2 (Records to be retained) are updated as necessary to add 
references to Sec.  750.7(c)(2), describing circumstances where the 
licensee can change the name of persons listed on a license. Under 
Sec.  758.1 this final rule revises paragraph (f)(2) that deals with 
conformity of statements on AES records with the contents of BIS 
licenses, to add a reference to name changes approved by BIS in writing 
in accordance with Sec.  750.7(c)(2) of the EAR, as a possible 
exception for when the information entered into the AES record may not 
conform to what is listed on the license. This final rule also replaces 
in paragraph (f)(2) the phrase ``exporter blocks'' with the AES phrase 
``USPPI and USPPI identification blocks'' to conform with how those 
blocks are referred to in AES. Under Sec.  758.4 this final rule adds a 
new paragraph (d) (Exports against license with approved name changes) 
to specify that when exporting against a license with an approved name 
change under Sec.  750.7(c)(2), prior to using that export license you 
are required to include in the respective name field in AES (e.g., in 
the USPPI name field in AES), the new name followed by the original 
name in this format ``[new name] f.k.a. [original name].'' This 
additional reporting requirement (by putting additional text into an 
existing box on an already approved form) would be completed by the 
authorized filer of the electronic export information (EEI) in AES. The 
use of the acronym f.k.a. will alert those reviewing the AES data that 
this person was formerly known as the original name. Under Sec.  762.2 
(Records to be retained), this final rule adds a new paragraph (b)(53) 
to specify that notification of name change by advisory opinion 
requests made under Sec.  750.7(c)(2) are records that must be 
retained.
    In Sec.  772.1 (Definitions of terms as used in the Export 
Administration Regulations), under the definition of ``technology,'' 
this final rule adds a sentence to the end of the definition. This 
final rule also adds a note 2 to the definition of ``technology'' and 
redesignates the current note as note 1. The new sentence clarifies 
that ``technology'' also includes specific information necessary for 
operation, installation, maintenance, repair, overhaul, refurbishing, 
as well as for other terms specified in ECCNs that control 
``technology.'' The new note 2 also does not change the definition of 
``technology.'' The note provides additional guidance on the 
application of the definition based on current BIS

[[Page 32621]]

practice and past interpretive guidance BIS has provided, along with 
the new sentence this final rule adds to the definition. This new note 
2 clarifies that ``technology'' not elsewhere specified on the CCL is 
designated as EAR99, unless the ``technology'' is subject to the 
exclusive jurisdiction of another U.S. Government agency or is 
otherwise not subject to the EAR as set forth in Sec.  734.4(b)(2) and 
(b)(3) and Sec. Sec.  734.7 through 734.11 of the EAR.
    In Sec.  772.1, under the definition of ``use,'' this final rule 
adds a note to the definition of ``use.'' The note does not change the 
definition of ``use.'' The note is limited to providing guidance on the 
application of the definition based on current BIS practice and past 
interpretive guidance BIS has provided. The new note clarifies that if 
an ECCN specifies one or more of the six elements of ``use'' in the 
heading or control text, only those elements specified are captured 
under that ECCN.
    In CCL Category 1 and CCL Category 5--Part 2, this final rule 
reinserts the Product Group D heading in CCL Category 1 and reinserts 
the Product Groups A, B and E headings in CCL Category 5--Part 2. A 
final rule did not intentionally remove these Product Group headings 
from CCL Categories 1 and 5--Part 2. It appears that either a final 
rule inadvertently removed those Product Group headings or that in 
making an incorporation into the Code of Federal Regulations (CFR) for 
the EAR, those Product Group headings may have inadvertently been 
removed. This final rule corrects Categories 1 and 5--Part 2 by 
reinserting those Product Group headings. BIS became aware of this 
issue when confirming that the incorporations for the Product Group 
headings were fully implemented for the April 16 rule.
EAR Conforming Changes Required by Amendment to ITAR
    This final rule makes two conforming changes to the EAR in Sec.  
746.1(b)(2) and Supplement No. 1 to part 740 as a result of a final 
rule published by the Department of State on April 17, 2014 (79 FR 
21616), titled Amendment to the International Traffic in Arms 
Regulations: Central African Republic. The State Department's rule 
revised ITAR Sec.  126.1 to include the Central African Republic in new 
paragraph (u), establishing that it is the policy of the United States 
to deny licenses or other approval for exports or imports of defense 
articles and defense services destined for or originating in the 
Central African Republic and specifying under what circumstances a 
license or other approval may be issued on a case-by-case basis. The 
April 17 rule noted that ITAR Sec.  126.1(u) was being added to 
implement the United Nations arms embargo, adopted in United Nations 
Security Council (UNSC) Resolution 2127 (December 5, 2013) and UNSC 
Resolution 2134 (January 28, 2014).
    This final rule revises Sec.  746.1(b)(2) (Sanctions on selected 
categories of items to specific destinations), which identifies 
destinations subject to United Nations Security Council arms embargoes, 
by adding the Central African Republic. This final rule also revises 
Country Group D:5 (in Supplement No. 1 to part 740), which identifies 
countries subject to U.S. arms embargoes to add the country of Central 
African Republic. As is noted in footnote 1 to Country Group D:5, 
Country Group D:5 is intended to track with the ITAR's Sec.  126.1 and 
as additions or removals are made to this section of the ITAR, 
conforming changes are made to Country Group D:5. Because the Central 
African Republic is also subject to a United Nations Security Council 
arms embargo, conforming changes are needed in both Country Group D:5 
and Sec.  746.1.

Export Administration Act

    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 amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013), has continued 
the Export Administration Regulations in effect under the International 
Emergency Economic Powers Act. BIS continues to carry out the 
provisions of the Export Administration Act, as appropriate and to the 
extent permitted by law, pursuant to Executive Order 13222 as amended 
by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute 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 final rule, which is a consolidation of corrections 
and clarifications of final rules published in 2013 and 2014, 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 be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation involves 
collections previously approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System, which includes, among 
other things, license applications and carries a burden estimate of 
43.8 minutes for a manual or electronic submission; license exceptions 
(0694-0137); recordkeeping (0694-0096); export clearance (0694-0122); 
and the Automated Export System (0607-0152). Total burden hours 
associated with the PRA and OMB control number 0694-0088 are expected 
to slightly decrease as a result of this rule when taking into account 
the full scope of corrections and clarifications included in this final 
rule. The two changes in this final rule that may result in a slight 
increase are (1) the clarification to ECCN 1A984, and (2) the changes 
made to the EAR to add the Central African Republic to Sec.  
746.1(b)(2) and in Supplement No. 1 to part 740 under Country Group D:5 
to conform to the addition of this country to Sec.  126.1 of the ITAR. 
Specifically, the clarification that the last phrase of ECCN 1A984 also 
includes ``parts'' and ``components'' ``specially designed'' therefor 
and not elsewhere specified may result in a slight increase in the 
number of applications received by BIS, although BIS believes the 
public likely was already treating such ``specially designed'' 
``parts'' and ``components'' as pyrotechnic articles under ECCN 1A984, 
so the overall impact of this clarification is expected to be minimal. 
The addition of the Central African Republic to Sec.  746.1(b)(2) and 
to Country Group D:5 in Supplement No. 1 to part 740 is not expected to 
result in much of an increase in the number of license applications 
received because the license requirements in Sec.  746.1(b) are in 
almost all cases redundant with the other EAR license requirements that 
apply to the countries identified in paragraph (b)(2), such as Crime 
Control. The addition of the Central African Republic to Country Group 
D:5 for the ``600 series'' will impose significant restrictions, but 
the overall impact on licenses received is anticipated to be

[[Page 32622]]

minimal. You may send comments regarding the collection of information 
associated with this rule, including suggestions for reducing the 
burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by 
email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. 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. The majority of the 
revisions made by this rule are administrative in nature and do not 
affect the privileges and obligations of the public. These revisions in 
this rule are important to get in place as soon as possible to avoid 
confusion by the public regarding the intent and meaning of recent 
changes to the EAR without harming anyone's substantive rights. The 
Department also finds that there is good cause under 5 U.S.C. 
553(b)(3)(A) to waive the provisions of the Administrative Procedure 
Act requiring notice and comment because these changes are limited to 
providing guidance on existing interpretations of current EAR 
provisions. These changes, which are described above, include the 
revisions to Sec. Sec.  736.2, 740.2(a)(13), 742.6(b)(1), 746.3(c), 
750.7, 750.7(c)(1)(ix), 758.1(f)(2), 758.4(d), 772.1 for the 
definitions of ``specially designed,'' ``technology'' and ``use'' and 
ECCN 1A984. These revisions in this rule are important to get in place 
as soon as possible so the public will be aware of these existing 
interpretations of current EAR provisions. 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. 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.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for these amendments by 5 
U.S.C. 553, or by any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.
    6. With respect to amendments to Sec.  740.11, the Department also 
finds that the provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring prior notice, the opportunity for public comment and a 
delay in effective date are inapplicable because this amendment 
involves a military or foreign affairs function of the United States 
(see 5 U.S.C. 553(a)(1)). BIS, with the concurrence of the U.S. 
Departments of Defense and State, is amending Sec.  740.11 to allow 
items subject to the EAR to be exported, reexported or transferred (in-
country) to, and in support of, specific cooperating governments or 
agencies of NATO for their official use. Under the existing 
regulations, cooperating governments could already receive exports of 
these items. The changes being made to Sec.  740.11 add NATO and its 
agencies to the list of recipients and, in furtherance of the 
objectives of NATO, the United States, and its allies, the rule 
clarifies that reexports and transfers (in-country) are authorized by 
this license exception when for their official use wherever the items 
are needed.
    Immediate allowance of a license exception is necessary to effect 
this amendment's national security and foreign policy goals of allowing 
NATO and cooperating governments to receive items subject to the EAR 
for military purposes, to users and for uses that support the national 
security of the United States and its allies. In the alternative, BIS 
finds good cause under 5 U.S.C. 553(b)(3)(B) to forgo prior notice and 
the opportunity for public comment. In addition to the reasons 
described above, if BIS delayed this rule to allow for prior notice and 
opportunity for public comment, the resulting delay in applying for and 
receiving licenses could pose a national security threat, thereby 
undermining the purpose of the rule.
    In addition, BIS finds good cause to waive the 30-day delay in 
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation will 
allow NATO and cooperating governments to receive and use these items 
to assist the national security of the United States and its allies. If 
BIS delayed this rule to allow for a 30-day delay in effectiveness, the 
resulting delay in implementation would create a delay and possible 
negative impacts on the United States' support of NATO and its allies 
similar to delays this rule is seeking to avoid by allowing a license 
exception for these transactions.
    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for these changes by 5 
U.S.C. 553, or by any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.
    7. The Department finds that there is good cause under 5 U.S.C. 
553(b)(3)(B) to waive the provisions of the Administrative Procedure 
Act requiring prior notice and the opportunity for public comment 
because they are either unnecessary or contrary to the public interest. 
This rationale applies to the changes in Sec. Sec.  740.10, 740.20 and 
in Supplement No. 1 to part 774 under ECCNs 9A610.y and 9A619.y. The 
rationale also applies to the reinsertion of text removed in ECCNs 
2B352, 5A980, 6A002 and 9A120 to correct oversights in the October 4 
rule that mistakenly did not take into account edits to the underlying 
ECCN text or redesignation of paragraphs in those four ECCNs in earlier 
final rules. These revisions are non-substantive, only clarifying the 
regulations and thus prior notice and the opportunity for public 
comment is unnecessary. Because a notice of proposed rulemaking and an 
opportunity for public comment are not required to be given for these 
amendments by 5 U.S.C. 553, or by any other law, the analytical 
requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., 
are not applicable.

List of Subjects

15 CFR Parts 736, 738 and 772

    Exports.

15 CFR Parts 740, 748, 750 and 758

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 762

    Administrative practice and procedure, Business and industry, 
Confidential business information, Exports, Reporting and recordkeeping 
requirements.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 736, 738, 740, 742, 744, 746, 748, 750, 758, 
762, 772 and 774 of the Export Administration Regulations (15 CFR parts 
730-774) are amended as follows:

PART 736--[AMENDED]

0
1. The authority citation for 15 CFR part 736 is revised to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 2151 note; E.O.

[[Page 32623]]

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR 
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 168; Notice of 
August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of November 7, 
2013, 78 FR 67289 (November 12, 2013): Notice of May 7, 2014, 79 FR 
26589 (May 9, 2014).

0
2. Section 736.2 is amended by revising paragraph (b)(3)(i) to read as 
follows:


Sec.  736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (3) * * *
    (i) Country scope of prohibition. You may not, without a license or 
license exception, reexport any item subject to the scope of this 
General Prohibition Three to a destination in Country Group D:1 or E:1 
(See Supplement No.1 to part 740 of the EAR). Additionally, you may 
not, without a license or license exception, reexport or export from 
abroad an ECCN 0A919 commodities subject to the scope of this General 
Prohibition Three to a destination in Country Group D:1, D:3, D:4, D:5 
or E:1.
* * * * *

0
3. Supplement No. 1 to part 736, under paragraph (e) (General Order No. 
5), is amended by redesignating paragraph (a) as paragraph (e)(1); 
paragraph (b) as paragraph (e)(2); paragraph (b)(1) as paragraph 
(e)(2)(i); paragraph (b)(2) as paragraph (e)(2)(ii); paragraph (c) as 
paragraph (e)(3); and paragraph (d) as paragraph (e)(4), respectively.

0
4. Supplement No. 2 to Part 736 is amended by removing the phrase 
``Administration Order'' in Administrative Order Two under paragraph 
(a)(3) introductory text and adding in its place the phrase 
``Administrative Order''.

PART 738--[AMENDED]

0
5. The authority citation for 15 CFR part 738 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 8, 2013, 78 FR 49107 (August 12, 2013).

0
6. Section 738.4 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  738.4  Determining whether a license is required.

* * * * *
    (b) * * *
    (2) Sample CCL entry.
    2A000: Entry heading.

License Requirements

                     Reason for Control: NS, NP, AT
------------------------------------------------------------------------
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738).
------------------------------------------------------------------------
NS applies to entire entry................  NS Column 2.
NP applies to 2A000.b.....................  NP Column 1.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

    List Based License Exceptions (See Part 740 for a description of 
all license exceptions)
    LVS: $5,000.
    GBS: Yes.
    CIV: N/A.

List of Items Controlled

    Related Controls: N/A.
    Related Definitions: N/A.
    Items: a. Having x.
    b. Having z.
* * * * *

PART 740--[AMENDED]

0
7. The authority citation for 15 CFR part 740 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; 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 8, 2013, 78 FR 49107 (August 12, 2013).

0
8. Section 740.2 is amended:
0
a. In paragraph (a)(5)(i) by removing phrase ``Sec.  740.9(a)(2)(ii)'' 
and adding in its place ``Sec.  740.9(a)(4)'';
0
b. In paragraph (a)(5)(ii) by removing phrase ``Sec.  740.9(a)(2)(ii)'' 
and adding in its place ``Sec.  740.9(a)(4)''; and
0
c. By revising the last sentence in the introductory text of paragraph 
(a)(13) and paragraph (a)(13)(vi) to read as follows:


Sec.  740.2  Restrictions on all license exceptions.

    (a) * * *
* * * * *
    (13) * * * Only the following license exceptions may be used to 
export ``600 series'' items to destinations other than those identified 
in Country Group D:5 (see Supplement No.1 to part 740 of the EAR):
* * * * *
    (vi) License Exception STA under Sec.  740.20(c)(1) of the EAR, 
provided all of the applicable terms and conditions, including those 
specific to the ``600 series'' are met.
* * * * *


Sec.  740.9  [Amended]

0
9. Section 740.9 is amended:
0
a. By revising the heading of paragraph (a)(6) to read ``Inspection, 
test, calibration, and repair.''; and
0
b. In paragraph (c)(8) by removing the phrase ``paragraphs (a) through 
(e)'' and adding in its place ``paragraphs (a) through (d)''.

0
10. Section 740.10 is amended:
0
a. By revising the first sentence of paragraph (a)(2)(ii);
0
b. By revising the second sentence of paragraph (a)(4)(i);
0
c. By revising paragraph (b)(1);
0
d. By revising paragraph (b)(3) introductory text; and
0
e. By revising the introductory text of paragraph (b)(3)(ii) to read as 
follows:


Sec.  740.10  License Exception Servicing and replacement of parts and 
equipment (RPL).

* * * * *
    (a) * * *
    (2) * * *
    (ii) Parts, components, accessories, and attachments may be 
exported only to replace, on a one-for-one basis, parts, components, 
accessories, or attachments, respectively, contained in commodities 
that were: Lawfully exported from the United States; lawfully 
reexported; or made in a foreign country incorporating authorized 
parts, components, accessories, or attachments ``subject to the EAR'' 
(see Sec.  734.2(a) of the EAR). * * *
    (iii) * * *
* * * * *
    (4) * * *
    (i) * * * A party reexporting one-for-one replacement parts, 
components, accessories, or attachments ``subject to the EAR'' shall 
ensure that the commodities being repaired were shipped to their 
present location in accordance with U.S. law and continue to be 
lawfully used, and that either before or promptly after reexport of the 
replacement parts, components, accessories, or attachments, the 
replaced commodities and software are either destroyed or returned to 
the United States, or to the foreign firm in Country Group B (see 
Supplement No. 1 to this part) that shipped the replacement parts.
* * * * *
    (b) * * * (1) Scope. The provisions of this paragraph (b) authorize 
the export and reexport to any destination, except for ``600 series'' 
items to destinations identified in Country Group D:5 (see

[[Page 32624]]

Supplement No. 1 to this part) or otherwise prohibited under the EAR, 
of commodities and software that were sent to the United States or to a 
foreign party for servicing and replacement of defective or 
unacceptable commodities and software ``subject to the EAR'' (see Sec.  
734.2(a) of the EAR).
* * * * *
    (3) Replacements for defective or unacceptable equipment ``subject 
to the EAR.''
* * * * *
    (ii) In addition to the general conditions in paragraph (b)(3)(i) 
of this section, the following conditions apply to exports or reexports 
of replacements for defective or unacceptable commodities or software 
``subject to the EAR'' (see Sec.  734.2(a) of the EAR) to a destination 
in Country Group B or Country Group D:1 (see Supplement No. 1 to this 
part):
* * * * *

0
11. Section 740.11 is amended:
0
a. By revising the section heading;
0
b. By revising paragraph (c) heading;
0
c. By revising paragraph (c)(1);
0
d. By redesignating paragraph (c)(2)(ii) as paragraph (c)(2)(iii);
0
e. By adding new paragraph (c)(2)(ii); and
0
f. By revising paragraphs (c)(3)(i), (c)(3)(v), and (c)(3)(vi), to read 
as follows:


Sec.  740.11  Governments, international organizations, international 
inspections under the Chemical Weapons Convention, and the 
International Space Station (GOV).

* * * * *
    (c) Cooperating Governments and the North Atlantic Treaty 
Organization. (1) Scope. The provisions of this paragraph (c) authorize 
exports, reexports, and transfers (in-country) of the items listed in 
paragraph (c)(2) of this section to agencies of cooperating governments 
or agencies of the North Atlantic Treaty Organization (NATO). `Agency 
of a cooperating government' includes all civilian and military 
departments, branches, missions, and other governmental agencies of a 
cooperating national government. Cooperating governments are the 
national governments of countries listed in Country Group A:1 (see 
Supplement No. 1 to this part) and the national governments of 
Argentina, Austria, Finland, Hong Kong, Ireland, Korea (Republic of), 
New Zealand, Singapore, Sweden, Switzerland and Taiwan.
    (2) * * *
    (ii) Items for official use by agencies of cooperating governments 
for military purposes or NATO. With the exception of items excluded by 
paragraph (c)(3) of this section, this license exception is available 
for all items consigned to and for the official use of:
    (A) A military end user of or for the military end use of 
cooperating governments, or
    (B) An agency of NATO.
* * * * *
    (3) * * *
    (i) Items on the Sensitive List (see Supplement No. 6 to part 774 
of the EAR), except to or for the use by governments of countries 
listed in Country Group A:5 (see Supplement No. 1 to this part) or an 
agency of NATO;
* * * * *
    (v) ``600 series'' items, except to or for the use by governments 
of countries listed in Country Group A:5 (see Supplement No. 1 to this 
part) or an agency of NATO;
    (vi) Items controlled for nuclear nonproliferation (NP) reasons; or
* * * * *


Sec.  740.12  [Amended]

0
12. Section 740.12 is amended by redesignating footnote 2 to paragraph 
(a) as footnote 1 to paragraph (a).


Sec.  740.13  [Amended]

0
13. Section 740.13 is amended by redesignating footnote 3 to paragraph 
(d)(1) as footnote 2.


Sec.  740.15  [Amended]

0
14. Section 740.15 is amended:
0
a. By redesignating footnote 4 and 5 to paragraphs (c)(1) and (c)(2) as 
footnotes 3 and 4, respectively; and
0
b. In paragraph (c)(2)(iv) by removing the phrase ``record is filed''.

0
15. Section 740.20 is amended:
0
a. By revising paragraph (b)(3)(ii)(B);
0
b. By revising paragraph (b)(3)(ii)(C);
0
c. By revising the Note to paragraph (c)(1);
0
d. In the introductory text of paragraph (d)(2) by adding a sentence to 
beginning of this paragraph after the paragraph heading and by revising 
the last two sentences in the introductory text of paragraph (d)(2);
0
e. By redesignating paragraphs (d)(2)(iv), (v), (vi) and (vii), as 
paragraphs (d)(2)(v), (vi), (vii) and (viii), respectively;
0
f. By adding a new paragraph (d)(2)(iv);
0
g. By revising newly redesignated paragraph (d)(2)(vii)(B);
0
h. By revising newly redesignated paragraph (d)(2)(vii)(C); and
0
i. By adding undesignated bracketed text at the end of paragraph (d)(2) 
to read as follows:


Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (B) For the ``development,'' ``production,'' operation, 
installation, maintenance, repair, overhaul, or refurbishing of an item 
in one of the countries listed in Country Group A:5 or the United 
States that will be for one, or more, of the following purposes:
    (1) Ultimately to be used by any such government agencies in one of 
the countries listed in Country Group A:5 or the United States 
Government; or
    (2) Sent to a person in the United States and not for subsequent 
export under Sec.  740.9(b)(1) (License Exception TMP for items moving 
in transit through the United States); or
    (C) 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 such authorization exists and 
has provided the license or other approval identifier to the exporter, 
reexporter or transferor (as applicable).
* * * * *
    (c) * * *
* * * * *

    Note to paragraph (c)(1). License Exception STA under Sec.  
740.20(c)(1) may be used to authorize the export, reexport, or 
transfer (in-country) of ``600 series'' items only if the purchaser, 
intermediate consignee, ultimate consignee, and end user have 
previously been approved on a license or other approval, i.e., 
Directorate of Defense Trade Controls (DDTC) Manufacturing License 
Agreement (MLA), Technical Assistance Agreement (TAA), Warehouse 
Distribution Agreement (WDA), or General Correspondence approval 
(GC) issued by BIS or DDTC at the U.S. Department of State.

* * * * *
    (d) * * *
    (2) Prior Consignee Statement. The requirements in this paragraph 
(d)(2) apply to each party using License Exception STA to export, 
reexport or transfer (in-country), including reexporters and 
transferors of items previously received under License Exception STA. * 
* * Paragraphs (d)(2)(i) through (vi) of this section are required for 
all transactions. In addition, paragraph (d)(2)(vii) is required for 
all transactions in ``600 series'' items and paragraph (viii) of this 
section is required for transactions in ``600 series'' items if the 
consignee is not the government of a country listed in Country Group 
A:5 (See Supplement No. 1 to part 740 of the EAR).
* * * * *

[[Page 32625]]

    (iv) Agrees to obtain a prior consignee statement when using 
License Exception STA for any reexport or transfer (in-country) of 
items previously received under License Exception STA;
* * * * *
    (vii) * * *
    (B) For the ``development,'' ``production,'' operation, 
installation, maintenance, repair, overhaul, or refurbishing of an item 
in one of the countries listed in Country Group A:5 or the United 
States that will be for one, or more, of the following purposes:
    (1) Ultimately to be used by any such government agencies in one of 
the countries listed in Country Group A:5 or the United States 
Government; or
    (2) Sent to a person in the United States and not for subsequent 
export under Sec.  740.9(b)(1) (License Exception TMP for items moving 
in transit through the United States); or
    (C) 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 such authorization exists and 
has provided the license or other approval identifier to the exporter, 
reexporter or transferor (as applicable).
* * * * *
    [INSERT NAME AND TITLE OF PERSON SIGNING THIS DOCUMENT, AND DATE 
DOCUMENT IS SIGNED].
* * * * *

0
16. Supplement No. 1 to part 740, Country Group D is amended by adding 
a row in alphabetical order for: Central African Republic, and by 
adding an ``X'' under the D:5 column for the Central African Republic 
row.

PART 742--[AMENDED]

0
17. The authority citation for 15 CFR part 742 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 
43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 
CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., 
p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Notice of August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of 
November 7, 2013, 78 FR 67289 (November 12, 2013).


0
18. Section 742.6 is amended by revising the first sentence of 
paragraph (b)(1) to read as follows:


Sec.  742.6  Regional stability.

* * * * *
    (b) * * * (1) Applications for exports and reexports of ``600 
series'' items will be reviewed on a case-by-case basis to determine 
whether the transaction is contrary to the national security or foreign 
policy interests of the United States, including the foreign policy 
interest of promoting the observance of human rights throughout the 
world.* * *
* * * * *

PART 744--[AMENDED]

0
19. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of August 8, 2013, 78 FR 49107 
(August 12, 2013); Notice of September 18, 2013, 78 FR 58151 
(September 20, 2013); Notice of November 7, 2013, 78 FR 67289 
(November 12, 2013); Notice of January 21, 2014, 79 FR 3721 (January 
22, 2014).


Sec.  744.17  [Amended]

0
20. Section 744.17 is amended in paragraph (e) by removing the phrase 
`military end-uses' and adding in its place `military end uses' with 
single quotes.

0
21. Section 744.21 is amended by revising the section heading to read 
as follows:


Sec.  744.21  Restrictions on certain `military end uses' in the 
People's Republic of China (PRC).

* * * * *

PART 746--[AMENDED]

0
22. The authority citation for 15 CFR part 746 is revised to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential 
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003; 
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899 
(January 16, 2007); Notice of August 8, 2013, 78 FR 49107 (August 
12, 2013); Notice of May 7, 2014, 79 FR 26589 (May 9, 2014).

0
23. Section 746.1 is amended by revising paragraph (b)(2) to read as 
follows:


Sec.  746.1  Introduction.

* * * * *
    (b) * * *
    (2) The countries subject to United Nations Security Council arms 
embargoes are: Central African Republic, Cote d'Ivoire (Ivory Coast), 
Democratic Republic of the Congo, Eritrea, Iran, Iraq, Lebanon, 
Liberia, Libya, North Korea, Somalia, and Sudan.
* * * * *

0
24. Section 746.2 is amended by revising paragraph (a)(1)(i) to read as 
follows:


Sec.  746.2  Cuba.

    (a) * * *
    (1) * * *
    (i) Temporary exports and reexports (TMP) by the news media (see 
Sec.  740.9(a)(9) of the EAR).
* * * * *

0
25. Section 746.3 is amended:
0
a. By removing the phrase ``Interim Government of Iraq or the 
Multinational Force in Iraq'' and adding in its place the phrase 
``Government of Iraq'' in the first sentence of the introductory text 
of the section;
0
b. By removing the phrase ``Interim Government of Iraq or the 
Multinational Force in Iraq'' and adding in its place the phrase 
``Government of Iraq'' in the second sentence of paragraph (a)(4); and
0
c. By revising paragraph (c) to read as follows:


Sec.  746.3  Iraq.

* * * * *
    (c) License exceptions. You may export or reexport without a 
license if your transaction meets all the requirements of any of the 
following License Exceptions: CIV, APP, TMP, RPL, GOV, GFT, TSU, BAG, 
AVS, or ENC. For specific requirements of each of these License 
Exceptions, refer to part 740 of the EAR. Notwithstanding the above, 
this paragraph may not be applied to exports or reexports that require 
a license under paragraph (a)(4) of this section.
* * * * *

0
26. Section 746.4(c)(1) is amended:
0
a. In paragraph (c)(1) by removing the phrase ``Sec.  
740.9(a)(2)(viii)'' and adding in its place ``Sec.  740.9(a)(9)''.
0
b. In paragraph (c)(2) by removing the phrase ``(b)(2)(i) and 
(b)(2)(ii)'' and adding in its place ``(b)(2)''.


Sec.  746.9  [Amended]

0
27. Section 746.9 is amended:
0
a. In paragraph (b)(1) by removing the phrase ``Sec.  
740.9(a)(2)(viii)'' and adding in its place ``Sec.  740.9(a)(9)''.

[[Page 32626]]

0
b. In paragraph (b)(2) by removing the phrase ``Sec.  740.11(b)(2)(i) 
and (ii)'' and adding in its place ``Sec.  740.11(b)(2)''.

PART 748--[AMENDED]

0
28. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
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 8, 2013, 78 FR 
49107 (August 12, 2013).


Sec.  748.2  [Amended]

0
29. Section 748.2(a)(3) is amended by removing the phrase ``(408) 998-
8805 or''.


Sec.  748.4  [Amended]

0
30. Section 748.4(h) is amended by removing the phrase ``Sec.  
750.7(h)'' and adding in its place ``Sec.  750.7(g)'' in the final 
sentence.

Supplement No. 1 to Part 748 [Amended]

0
31. Supplement No. 1 to part 748 is amended by adding a single space 
between ``(x)'' and the word ``of'' in the fifth sentence at the end of 
Block 24.

Supplement No. 7 to Part 748 [Amended]

0
32. Supplement No. 7 to part 748 (Authorization Validated End-User 
(VEU): List of Validated End-Users, Respective Items Eligible for 
Export, Reexport and Transfer, and Eligible Destinations) is amended by 
adding the citation ``78 FR 54752, 9/6/13.'' at the end of the entry in 
the ``Federal Register Citation'' Column for VEU ``Lam Research Service 
Co., Ltd.'' in ``China, (Peoples Republic of)''.

PART 750--[AMENDED]

0
33. The authority citation for part 750 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3 
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., 
p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013); 
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May 
16, 2003; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013).


0
34. Section 750.7 is amended:
0
a. By revising paragraph (c)(1)(ix); and
0
b. By adding paragraph (c)(2) to read as follows:


Sec.  750.7  Issuance of licenses.

* * * * *
    (c) * * *
    (1) * * *
    (ix) Direct exports, reexports, or transfers (in-country) to and 
among approved end users and the ultimate consignee on a license, 
provided those end users and ultimate consignee are listed by name and 
location on such license and the license does not contain any 
conditions specific to the ultimate consignee that cannot be complied 
with by the end user, such as a reporting requirement that must be made 
by the ultimate consignee. Reexports and transfers (in-country) among 
approved end users may be further limited by license conditions.
    (2) In some circumstances, BIS may authorize changing the name of a 
person listed on a license (i.e., name of exporter, reexporter, 
purchaser, intermediate consignee, ultimate consignee or end user), 
provided the pertinent person has not undergone a change in ownership, 
including merger or acquisition, or any other change in legal status 
since the time the license was issued. In order to rely on this 
paragraph (c)(2), BIS must have approved the name change in response to 
an advisory opinion request submitted by the licensee pursuant to Sec.  
748.3(c) of the EAR and the instructions below.
    (i) The advisory opinion request must be submitted on the 
licensee's company letterhead and include the following information:
    (A) The title of the advisory opinion, in this format: ``License 
name change notification and review request;''
    (B) All license numbers subject to the notification and review 
request (either in the letter or as a separate attachment);
    (C) The name(s) changing on the license(s) (include the original 
and new names), and when the name(s) are changing (either in the letter 
or as a separate attachment);
    (D) Any background information available on the reasons for the 
name change(s) (e.g., press releases from the person changing its 
name(s)); and
    (E) A statement regarding whether there has been a change in 
ownership, including a merger or acquisition, or any other change in 
legal status regarding the person(s) changing its name(s).
    (F) Confirmation that, if the request is approved, the licensee 
will share the advisory opinion response from BIS with all other 
persons listed on the license, and inform those persons that the 
advisory opinion response must be retained pursuant to the 
recordkeeping requirements in part 762 of the EAR.
    (ii) If BIS determines the name change is not a material change to 
the license and approves the request to change the name(s) on the 
license, BIS will send a written response to the licensee who submitted 
the notification. If BIS does not approve the request to change the 
name(s) on the license, BIS will send a written response to the 
licensee who submitted the notification.
    (iii) For guidance on using an export license with approved name 
changes, see Sec.  758.4(d) (Exports against license with approved name 
change).
    (iv) If a license name change notification and review request is 
denied by BIS or the licensee determines that there has been a material 
change to the license, such as a change in ownership of a person on the 
license, including merger or acquisition, or any other change in legal 
status since the time the license was issued, a new license application 
should be submitted.
* * * * *

PART 758--[AMENDED]

0
35. The authority citation for part 758 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


0
36. Section 758.1 is amended:
0
a. In paragraph (b)(3) by adding the phrase ``or otherwise described'' 
after the term ``enumerated'';
0
b. In paragraph (c)(6) by removing the phrase ``Sec.  740.9(a)(2)(i)'' 
and adding in its place ``Sec.  740.9(a)(1)''; and
0
c. By revising paragraph (f)(2) to read as follows:


Sec.  758.1  The Electronic Export Information (EEI) filing to the 
Automated Export System (AES).

* * * * *
    (f) * * *
    (2) Statements on the EEI filing are in conformity with the 
contents of any license issued by BIS, with the possible exception of 
the USPPI and USPPI identification blocks in routed transactions or any 
name change approved by BIS in writing in accordance with Sec.  
750.7(c)(2) of the EAR; and
* * * * *

0
37. Section 758.4 is amended by adding paragraph (d) to read as 
follows:


Sec.  758.4  Use of export license.

* * * * *
    (d) Exports against license with approved name changes. If you are 
exporting against a license with approved name changes under Sec.  
750.7(c)(2) of the EAR, prior to using that export license you are 
required to include in the respective name field in

[[Page 32627]]

AES (e.g., in the USPPI name field in AES), the new name followed by 
the original name in this format ``[new name] f.k.a. [original name].'' 
This reporting requirement would be completed by the authorized filer 
of the electronic export information (EEI) in AES. Although not 
required, the exporter may include a copy of the BIS written response 
approving the non-material name changes in accordance with Sec.  
750.7(c)(2) of the EAR. If the items have already been exported against 
the license by the time the name changes are approved, you are not 
required to report this additional information in AES, but you still 
must follow the recordkeeping requirements in part 762 of the EAR.

PART 762--[AMENDED]

0
38. The authority citation for 15 CFR part 762 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


0
39. Section 762.2 is amended:
0
a. In paragraph (b)(9) by removing ``Sec.  740.13(f)'' and adding in 
its place ``Sec.  740.13(h)'';
0
b. By revising paragraph (b)(13);
0
c. By removing the word ``and'' at the end of paragraph (b)(50);
0
d. By removing the period ``.'' at the end of paragraph (b)(51) and 
adding in its place a semi-colon ``;''; and
0
e. By adding paragraphs (b)(52) and (b)(53) to read as follows:


Sec.  762.2  Records to be retained.

* * * * *
    (b) * * *
    (13) Sec.  743.4(c)(1) and (c)(2), Conventional arms reporting;
* * * * *
    (52) Sec.  744.15(b), UVL statement as well as any logs or records 
created for multiple exports, reexports, and transfers (in-country); 
and
    (53) Sec.  750.7(c)(2), Notification of name change by advisory 
opinion request.
* * * * *

PART 772--[AMENDED]

0
40. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
8, 2013, 78 FR 49107 (August 12, 2013).


0
41. Section 772.1 is amended:
0
a. In the definition of ``specially designed'' by removing the word 
``a'' immediately before the phrase ``achieving or exceeding'' in the 
fourth sentence of Note to paragraph (a)(1);
0
b. In the definition of ``technology'' by adding a sentence to the end 
of the definition, and by redesignating the Note as Note 1 and by 
adding a new Note 2; and
0
c. In the definition of ``use'' by adding a new Note to read as 
follows:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    Technology. * * * ``Technology'' also is specific information 
necessary for any of the following: Operation, installation (including 
on-site installation), maintenance (checking), repair, overhaul, 
refurbishing, or other terms specified in ECCNs on the CCL that control 
``technology.''
* * * * *

    Note 2: ``Technology'' not elsewhere specified on the CCL is 
designated as EAR99, unless the ``technology'' is subject to the 
exclusive jurisdiction of another U.S. Government agency (see Sec.  
734.3(b)(1)) or is otherwise not subject to the EAR (see Sec.  
734.4(b)(2) and (b)(3) and Sec. Sec.  734.7 through 734.11 of the 
EAR).

* * * * *
    Use. * * *

    Note: If an ECCN specifies one or more of the six elements of 
``use'' in the heading or control text, only those elements 
specified are classified under that ECCN.

* * * * *

PART 774--[AMENDED]

0
42. The authority citation for 15 CFR 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 8, 2013, 78 FR 49107 (August 12, 2013).

0
43. Section 774.1 is amended by revising paragraph (b)(3) and the Note 
to paragraph (b) to read as follows:


Sec.  774.1  Introduction.

* * * * *
    (b) * * *
    (3) The following multilateral export control regime reference is 
provided, as an additional point of historical reference: 0C201--
INFCIRC 254 Part 1, 5.3.1(b).

    Note to paragraph (b): ECCNs 0D001 and 0E001 are ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130). These ECCNs are 
retained on the CCL as cross references to the ITAR, although the 
former cross references to export licensing authority of the Nuclear 
Regulatory Commission (see 10 CFR part 110) for ECCN 0D001, and to 
the Department of Energy (see 10 CFR part 810) for 0E001 were 
removed from the Control(s) paragraph in the License Requirements 
section of these two ECCNs and added as a more general 
jurisdictional cross reference in a heading note added to these two 
ECCNs as of June 5, 2014.

* * * * *

0
44. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A604 
is amended by revising the heading, as added January 2, 2014, at 79 FR 
282, effective July 1, 2014, to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

0A604 Commodities related to military explosive devices and charges 
(see List of Items Controlled).
* * * * *

0
45. Supplement No. 1 to part 774 (the Commerce Control List), is 
amended by adding quotes around the phrase ``subject to the ITAR'' 
wherever it appears in Export Control Classification Numbers (ECCNs): 
0A604, 0A614, 1A005, 1A613, 1B608, 1C239, 9D001, 9D002, 9D003, 9D104, 
9E001, 9E002, 9E101, and 9E102, as added January 2, 2014, at 79 FR 282-
294, effective July 1, 2014.

0
46. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A606 
is amended:
0
a. By adding quotes around the term ``specially designed'' in Note 2.a 
to paragraph a. in the ``Items'' paragraph in the List of Items 
Controlled section;
0
b. By adding quotes around the term ``components'' wherever it appears 
in the introductory text of Note 2 to paragraph a, and in Notes 
2.b.1.a, 2.f, and y.12. in the ``Items'' paragraph in the List of Items 
Controlled section.
0
c. By adding quotes around the term ``parts'' '' in Note 2.b to 
paragraph a in the ``Items'' paragraph in the List of Items Controlled 
section; and
0
b. By revising the heading to read as follows:
0A606 Ground vehicles and related commodities, as follows (see List 
of Items Controlled).
* * * * *

0
47. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items),

[[Page 32628]]

Export Control Classification Number (ECCN) 0A614 is amended by 
revising the heading, as added January 2, 2014, at 79 FR 282, effective 
July 1, 2014, to read as follows:

0A614 Military training ``equipment,'' as follows (see List of Items 
Controlled).
* * * * *

0
48. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A617 
is amended:
0
a. By adding quotes around the terms ``components'' and ``parts'' in 
the ``Related Controls'' paragraph (6) in the List of Items Controlled 
section;
0
b. By adding quotes around the term ``specially designed'' in the 
``Related Controls'' paragraph (10) in the List of Items Controlled 
section; and
0
c. By adding a ``Related Definitions'' paragraph after the ``Related 
Controls'' paragraph in the List of Items Controlled Section to read as 
follows:

0A617 Miscellaneous ``equipment,'' materials, and related 
commodities (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Related Definitions: N/A
* * * * *

0
49. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A918 
is amended by revising the heading to read as follows:

0A918 Miscellaneous military equipment not on the Wassenaar 
Munitions List (see List of Items Controlled).
* * * * *

0
50. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0A988 
is amended by further revising the heading, as revised January 2, 2014, 
at 79 FR 283, effective July 1, 2014, to read as follows:

0A988 Conventional military steel helmets as described by 0A018.d.1.
* * * * *


0
51. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0B604 
is amended by revising the heading, as added January 2, 2014, at 79 FR 
283, effective July 1, 2014, to read as follows:

0B604 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development,'' 
``production,'' repair, overhaul, or refurbishing of commodities in 
ECCN 0A604 or related defense articles in USML Category IV (see List 
of Items Controlled).
* * * * *


0
52. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0B614 
is amended by revising the heading, as added January 2, 2014, at 79 FR 
283, effective July 1, 2014, to read as follows:

0B614 Test, inspection, and production ``equipment'' for military 
training ``equipment'' and ``specially designed'' ``parts,'' 
``components,'' ``accessories'' and ``attachments'' therefor, as 
follows (see List of Items Controlled).
* * * * *


0
53. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0D001 
is amended:
0
a. By further revising the heading, as revised January 2, 2014, at 79 
FR 283, effective July 1, 2014;
0
b. By adding a heading note; and
0
c. By removing the first Control(s) paragraph in License Requirements 
section, to read as follows:

0D001 ``Software'' ``specially designed'' or modified for the 
``development,'' ``production,'' or ``use'' of commodities described 
in 0A002. (These items are ``subject to the ITAR.'' See 22 CFR parts 
120 through 130.)

    Heading Note: Certain ``software'' for the ``development,'' 
``production,'' or ``use'' of nuclear related commodities is subject 
to the export licensing authority of the Nuclear Regulatory 
Commission (see 10 CFR part 110).

* * * * *


0
54. Supplement No. 1 to part 774 (the Commerce Control List), is 
amended by adding the phrase ``(see List of Items Controlled).'' at the 
end of the headings in Export Control Classification Numbers (ECCN): 
0D604, 0E604, 1D608, 1E608, 9D604, and 9E604, as added January 2, 2014, 
at 79 FR 284-294, effective July 1, 2014.

0
55. Supplement No. 1 to part 774 (the Commerce Control List), is 
amended by adding a period at the end of the headings in Export Control 
Classification Numbers (ECCN): 0D614, 0E614, 1B608, 1B613, 1C018, 
1D018, 1D613, 1E001, 1E101, 1E201, 9A604, 9B115, 9B116, 9B604, 9D001, 
9D002, 9D003, 9D104, 9E001, 9E101, and 9E102, as added January 2, 2014, 
at 79 FR 284-294, effective July 1, 2014.

0
56. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0E001 
is amended:
0
a. By further revising the heading, as revised January 2, 2014, at 79 
FR 284, effective July 1, 2014;
0
b. By adding a heading note; and
0
c. By removing the first Control(s) paragraph in the License 
Requirements section to read as follows:

0E001 ``Technology,'' according to the Nuclear Technology Note, for 
the ``development,'' ``production,'' or ``use'' of items described 
in 0A002, or 0D001.

    Heading Note: ``Technology'' for certain items subject to the 
export licensing authority of the Nuclear Regulatory Commission (see 
10 CFR part 110) is subject to the export licensing authority of the 
Department of Energy (see 10 CFR part 810).

* * * * *


0
57. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0E018 
is amended by adding a period after the phrase ``for items formerly 
controlled by 0A018.a'' in the Note to the ``items'' paragraph in the 
List of Items Controlled section.

0
58. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities & Equipment (and 
Miscellaneous Items), Export Control Classification Number (ECCN) 0E614 
is amended by adding a comma between the terms ``repair'' and 
``overhaul'' in the ``items'' paragraph a in the List of Items 
Controlled section, as added January 2, 2014, at 79 FR 285, effective 
July 1, 2014.

0
59. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, add the 
Product Group D heading ``SOFTWARE'' immediately before Export Control 
Classification Number (ECCN) 1D001.

0
60. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' the Technical Note introductory text 
after the Product Group C: ``Materials'' heading is amended by removing

[[Page 32629]]

``1C012'' and adding in its place ``1C011''.

0
61. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A001 is amended by adding quotes around ``specially designed'' 
in the ``Related Controls'' paragraph (1) in the List of Items 
Controlled section.

0
62. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A004 is amended by removing the term ``agent'' and adding in 
its place the term ``agents'' in Technical Note 1 to the ``items'' 
paragraph in the List of Items Controlled section.

0
63. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A007 is amended by adding quotes around the term ``specially 
designed'' in the heading and in the ``Related Controls'' paragraph in 
the List of Items Controlled section, as revised January 2, 2014, at 79 
FR 285, effective July 1, 2014.

0
64. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A101 is amended by removing the term ``which'' in the ``Related 
Controls'' paragraph (2) in the List of Items Controlled section.

0
65. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A613, as added January 2, 2014, at 79 FR 286, effective July 1, 
2014, is amended:
0
a. By revising the heading;
0
b. By adding ``Related Controls'' paragraph (3) to the ``Related 
Controls'' paragraph in the List of Items Controlled section; and
0
c. By revising ``items'' paragraph e and adding ``items'' paragraph f 
in the List of Items Controlled section.

1A613 Armored and protective ``equipment'' and related commodities, 
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

    Related Controls: * * * (3) See ECCN 9A610.g for anti-gravity 
suits (``G-suits'') and pressure suits capable of operating at 
altitudes higher than 55,000 feet above sea level.
* * * * *
    Items:
* * * * *
    e. Atmospheric diving suits ``specially designed'' for rescue 
operations for submarines controlled by the USML or the CCL.
    f. Other personal protective ``equipment'' ``specially 
designed'' for military applications not controlled by the USML, not 
elsewhere controlled on the CCL.
* * * * *


0
66. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1A984 is amended by revising the heading to read as follows:

1A984 Chemical agents, including tear gas formulation containing 1 
percent or less of orthochlorobenzalmalononitrile (CS), or 1 percent 
or less of chloroacetophenone (CN), except in individual containers 
with a net weight of 20 grams or less; liquid pepper except when 
packaged in individual containers with a net weight of 3 ounces 
(85.05 grams) or less; smoke bombs; non-irritant smoke flares, 
canisters, grenades and charges; and other pyrotechnic articles 
(excluding shotgun shells) having dual military and commercial use, 
and ``parts'' and ``components'' ``specially designed'' therefor, 
n.e.s.
* * * * *


0
67. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C111 is amended by removing ``C111.c.1'' and adding 
``1C111.c.1'' in its place in the ``Related Controls'' paragraph (1) in 
the List of Items Controlled section.

0
68. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' Export Control Classification 
Number (ECCN) 1C239 is amended by revising the heading to read as 
follows:

1C239 High explosives, other than those controlled by the U.S. 
Munitions List, or substances or mixtures containing more than 2% by 
weight thereof, with a crystal density greater than 1.8 g/cm\3\ and 
having a detonation velocity greater than 8,000 m/s.
* * * * *


0
69. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C350, Item.c.12 is amended by removing ``Ethyldiethan-olamine'' 
and adding ``Ethyldiethanolamine'' in its place.

0
70. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C608 is amended by revising the heading, as added January 2, 
2014, at 79 FR 288, effective July 1, 2014, to read as follows:

1C608 Energetic materials and related commodities (see List of Items 
Controlled).
* * * * *


0
71. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1D018 is amended by adding quotes around the term ``specially 
designed'' in the heading, as added January 2, 2014, at 79 FR 289, 
effective July 1, 2014.

0
72. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1E001 is amended:
0
a. By adding quotes around the term ``specially designed'' in the 
``Related Controls'' paragraph (3) in the List of Items Controlled 
section, as revised January 2, 2014, at 79 FR 290, effective July 1, 
2014; and
0
b. By removing the phrase ``eight destinations listed in Sec.  
740.20(c)(2) of the EAR'' and adding in its place ``destinations listed 
in Country Group A:6 (See Supplement No.1 to part 740 of the EAR)'' in 
the STA paragraph of the ``Special Conditions for STA'' section.

0
73. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A291 is amended by adding quotes around the term 
``accessories'' in the ``items'' paragraph d in the List of Items 
Controlled section.

[[Page 32630]]


0
74. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B350 is amended by removing the term ``include'' and adding in 
its place ``includes'' in the ``Related Definitions'' paragraph in the 
List of Items Controlled section.

0
75. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B352 is amended:
0
a. By revising ``items'' paragraph h and the introductory text of 
paragraph i in the List of Items Controlled section; and
0
b. By revising ``Technical Notes'' paragraph 2 at the end of the 
``items'' paragraph in the List of Items Controlled section to read as 
follows:

2B352 Equipment capable of use in handling biological materials, as 
follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    h. Chambers designed for aerosol challenge testing with 
microorganisms, viruses, or toxins and having a capacity of 1 m\3\ 
or greater.
    i. Spraying or fogging systems and ``parts'' and ``components'' 
therefor, as follows:
* * * * *
    Technical Notes:
* * * * *
    2. This ECCN does not control spraying or fogging systems, 
``parts'' and ``components,'' as specified in 2B352.i, that are 
demonstrated not to be capable of delivering biological agents in 
the form of infectious aerosols.
* * * * *


0
76. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B999 is amended by revising the ``Related Controls'' paragraph 
in the List of Items Controlled section to read as follows:

2B999 Specific processing equipment, n.e.s., as follows (see List of 
Items Controlled).
* * * * *

List of Items Controlled

    Related Controls: (1) See also 1B233, 2A293, 2B001.f, 2B004, 
2B009, 2B104, 2B109, 2B204, 2B209, 2B228, 2B229, 2B231, and 2B350. 
(2) Certain nuclear related processing equipment is subject to the 
export licensing authority of the Nuclear Regulatory Commission (see 
10 CFR part 110).
* * * * *


0
77. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, the Category 2E--Materials Processing 
Table; Deposition Techniques is amended by removing the phrase 
``Dielectric Players'' and adding in its place ``Dielectric layers'' in 
the third column of the fifth row of the table.

0
78. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A001 is amended by adding quotes around the terms ``accessories'' and 
``attachments'' in ``Related Controls'' paragraph (2)(c) in the List of 
Items Controlled section.

0
79. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3E982 is amended by removing the term ``require'' and adding in its 
place ``required'' in quotes in the heading.

0
80. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 4--Computers, Export Control Classification Number (ECCN) 
4A003 is amended by redesignating ``Note 1'' as ``Note'' at the end of 
the License Requirements section;

0
81. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1 
Telecommunications, Export Control Classification Number (ECCN) 5A001 
is amended by adding quotes around the term ``accessories'' in 
``items'' paragraph b in the List of Items Controlled section.

0
82. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1 
Telecommunications, Export Control Classification Number (ECCN) 5A980 
is amended by revising the heading to read as follows:

5A980 Devices primarily useful for the surreptitious interception of 
wire, oral, or electronic communications, other than those 
controlled under 5A001.f.1; and ``parts,'' ``components'' and 
``accessories'' therefor.
* * * * *


0
83. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 1--
Telecommunications, Export Control Classification Number (ECCN) 5B001 
is amended:
0
a. By removing the phrase ``eight destinations listed in Sec.  
740.20(c)(2) of the EAR'' and adding in its place ``destinations listed 
in Country Group A:6 (See Supplement No.1 to part 740 of the EAR)'' in 
the STA paragraph of the ``Special Conditions for STA'' section; and
0
b. By adding quotes around the term ``components'' in ``items'' 
paragraph b in the List of Items Controlled section.

0
84. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security:
0
a. Add the Product Group A heading ``END ITEMS,'' ``EQUIPMENT,'' 
``ACCESSORIES,'' ``ATTACHMENTS,'' ``PARTS,'' ``COMPONENTS,'' AND 
``SYSTEMS'' immediately before Export Control Classification Number 
(ECCN) 5A002;
0
b. Add the Product Group B heading TEST, INSPECTION AND ``PRODUCTION 
EQUIPMENT'' immediately before Export Control Classification Number 
(ECCN) 5B002; and
0
c. Add the Product Group E heading ``TECHNOLOGY'' immediately before 
Export Control Classification Number (ECCN) 5E002.

0
85. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 5--Telecommunications and ``Information Security,'' Part 2--
Information Security, Export Control Classification Number (ECCN) 5A002 
is amended by adding the word ``and'' before the term ``components'' in 
the heading.

0
86. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A002 is amended by revising the Special Conditions for STA 
section to read as follows:

6A002 Optical sensors and equipment, and ``components'' therefor, as 
follows (see List of Items Controlled).
* * * * *

Special Conditions for STA

    STA: License Exception STA may not be used to ship to any of the 
destinations listed in Country Group A:6 (See Supplement No. 1 to 
part 740 of the EAR) any commodity in: 6A002.a.1.a, a.1.b or a.1.c; 
6A002.a.3.c, a.3.d, a.3.e, or a.3.f; or 6A002.b.
* * * * *


0
87. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A004 is amended:
0
a. By adding quotes around the term ``components'' in the heading; and
0
b. By adding a closing quotation mark after the first word in ``items'' 
paragraph c.4 in the List of Items Controlled section.

[[Page 32631]]

0
88. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6A998 is amended by removing the quotes around the term ``major 
components'' and adding quotes back only around the term ``components'' 
in the heading.

0
89. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, Export Control Classification Number 
(ECCN) 6B995 is amended by revising the heading to read as follows:

6B995 Equipment, including tools, dies, fixtures or gauges, and 
other ``specially designed'' ``parts,'' ``components'' and 
``accessories'' therefor, ``specially designed'' or modified for any 
of the following (see List of Items Controlled).
* * * * *


0
90. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 7--Navigation and Avionics, Export Control Classification 
Number (ECCN) 7D101 is amended by removing the term ``the'' and the 
period ``.'' in the MT entry in the License Requirements table.

0
91. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A018 
is amended by adding quotes around the terms ``specially designed'' and 
``components'' wherever they appear in this ECCN.

0
92. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A609 
is amended by removing the second semicolon at the end of ``items'' 
paragraph y.8 in the List of Items Controlled section.

0
93. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A620 
is amended by adding quotes around the terms ``specially designed'' and 
``components'' in ``items'' paragraph f in the List of Items Controlled 
section.

0
94. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8A992 
is amended by removing ``UN'' from the Reasons for Control and by 
removing the UN entry in the License Requirements table.

0
95. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8C609 
is amended by revising the heading to read as follows:

8C609 Materials ``specially designed'' for the ``development'' or 
``production'' of commodities controlled by 8A609 not elsewhere 
specified in the USML (see List of Items Controlled).
* * * * *


0
96. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 8--Marine, Export Control Classification Number (ECCN) 8E001 
is amended by removing the term ``software'' and adding the term 
``technology'' in its place in the TSR paragraph in the List Based 
License Exceptions section.

0
97. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A120 is amended by removing ``2B352.h'' and adding in 
its place ``2B352.i'' in the ``Related Controls'' paragraph in the List 
of Items Controlled section.

0
98. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A610 is amended:
0
a. By revising ``items'' paragraph h in the List of Items Controlled 
section;
0
b. By revising the introductory text of ``items'' paragraph y in the 
List of Items Controlled section; and
0
c. By adding a new paragraph y.30 to ``items'' paragraph y in the List 
of Items Controlled section to read as follows:

9A610 Military aircraft and related commodities, other than those 
enumerated in 9A991.a (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    h. Parachutes, paragliders, complete parachute canopies, 
harnesses, platforms, electronic release mechanisms ``specially 
designed'' for use with aircraft controlled by either USML paragraph 
VIII(a) or ECCN 9A610.a, and ``equipment'' ``specially designed'' 
for military high altitude parachutists, such as suits, special 
helmets, breathing systems, and navigation equipment.
* * * * *
    y. Specific ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this ECCN or a defense article in USML Category VIII and 
not elsewhere specified in the USML or the CCL, and other aircraft 
commodities ``specially designed'' for a military use, as follows, 
and ``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
``specially designed'' therefor:
* * * * *
    y.30. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' for use in or with a commodity other than electronic 
items or navigation equipment controlled by ECCN 9A610.h.


0
99. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A619 is amended by revising the introductory text of 
``items'' paragraph y in the List of Items Controlled section to read 
as follows:

9A619 Military gas turbine engines and related commodities (see List 
of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    y. Specific ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this ECCN or for a defense article in USML Category XIX 
and not elsewhere specified on the USML or in the CCL, and other 
commodities, as follows, and ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' ``specially designed'' 
therefor:
* * * * *


0
100. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A990 is amended by removing quotes from the term ``major 
components'' and adding quotes back only around the term ``components'' 
in ``items'' paragraphs b and c in the List of Items Controlled 
section.

0
101. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B115 is amended by removing ``9A104'' and adding in its 
place ``9A103'' in the ``Related Controls'' paragraph in the List of 
Items Controlled section.

0
102. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B116 is amended by removing ``9A104'' and adding in its 
place ``9A103'' in the ``Related Controls'' paragraph in the List of 
Items Controlled section.

0
103. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B610 is amended by revising the ``Related Controls'' 
paragraph in the List of Items Controlled section to read as follows:

9B610 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development'' or 
``production'' of commodities enumerated or otherwise

[[Page 32632]]

described in ECCN 9A610 or USML Category VIII (see List of Items 
Controlled).
* * * * *

List of Items Controlled

    Related Controls: USML Category VIII(h)(1) controls ``parts,'' 
``components,'' ``accessories,'' ``equipment,'' and ``attachments'' 
``specially designed'' for the aircraft enumerated or otherwise 
described in Category VIII(h)(1), but does not control the 
commodities enumerated or otherwise described in ECCN 9B610. USML 
Category VIII(h)(2)-(26) controls other aircraft ``parts,'' 
``components,'' ``accessories,'' ``attachments,'' ``equipment,'' and 
``systems.''
* * * * *


0
104. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B619 is amended:
0
a. By revising the heading; and
0
b. By revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows:

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 (see List of Items Controlled).
* * * * *

List of Items Controlled

    Related Controls: USML Category XIX(f)(1) controls ``parts,'' 
``components,'' ``accessories,'' ``equipment,'' and ``attachments'' 
``specially designed'' for the engines described in Category 
XIX(f)(1), but does not control the commodities enumerated or 
otherwise described in ECCN 9B619. USML Category XIX(f)(2)-(7) 
controls other engine ``parts,'' ``components,'' ``accessories,'' 
``attachments,'' ``equipment,'' and ``systems.''
* * * * *


0
105. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9B991 is amended by revising the heading to read as 
follows:

9B991 ``Specially designed'' ``equipment,'' tooling or fixtures, not 
controlled by 9B001, for manufacturing or measuring gas turbine 
blades, vanes or tip shroud castings, as follows (see List of Items 
Controlled).
* * * * *


0
106. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9E101 is amended by removing ``9A104'' and adding in its 
place ``9A103'' in the ``Related Controls'' paragraph in the List of 
Items Controlled section.

Supplement No. 4 to Part 774--[Amended]

0
107. In Supplement No. 4 to Part 774--Commerce Control List Order of 
Review, under paragraph (a)(5), in the second to last sentence, remove 
the phrase ``Steps 4a and 4b'' and add in its place ``Steps 4.a and 
4.b''.

    Dated: May 21, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-12151 Filed 6-4-14; 8:45 am]
BILLING CODE 3510-33-P