Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal of Foreign National Review Requirements, and Information Security Updates; Corrections, 27108-27110 [2017-12269]
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27108
Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
to or by external network sources, and
may be used for or interfaced with a
diverse set of functions, including:
• Flight-safety-related control,
communication, and navigation systems
(airplane-control domain);
• Operator business and
administrative support (operatorinformation domain); and
• Passenger information and
entertainment systems (passengerentertainment domain)
mstockstill on DSK30JT082PROD with RULES
Discussion
The Embraer Model ERJ 190–300
airplane’s digital-systems network
architecture is novel or unusual for
commercial transport airplanes as it
allows connection to airplane electronic
systems and networks, and access from
sources external to the airplane (e.g.,
operator networks, wireless devices,
Internet connectivity, service-provider
satellite communications, electronic
flight bags, etc.) to the previously
isolated airplane electronic assets.
Airplane electronic assets include
electronic equipment and systems,
instruments, networks, servers, software
and electronic components, fieldloadable software and hardware
applications, databases, etc. This
proposed design may result in network
security vulnerabilities from intentional
or unintentional corruption of data and
systems required for the safety,
operation, and maintenance of the
airplane.
The existing regulations and guidance
material did not anticipate these types
of digital-system architectures, nor
access to airplane systems. Furthermore,
14 CFR part 25, and current systemsafety assessment policy and
techniques, do not address potential
security vulnerabilities by unauthorized
access to airplane data busses and
servers. Therefore, these special
conditions are issued to ensure that the
security, integrity, and availability of
airplane systems are not compromised
by certain wired or wireless electronic
connections between airplane data
busses and networks.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
Applicability
As discussed above, these special
conditions are applicable to the Embraer
Model ERJ 190–300 airplane. Should
Embraer apply at a later date for a
change to the type certificate to include
another model incorporating the same
novel or unusual design feature, these
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special conditions would apply to that
model as well.
This action affects only a certain
novel or unusual design feature on one
model of airplane. It is not a rule of
general applicability.
The substance of these special
conditions has been subject to the notice
and comment period in several prior
instances and has been derived without
substantive change from those
previously issued. It is unlikely that
prior public comment would result in a
significant change from the substance
contained herein. Therefore, the FAA
has determined that prior public notice
and comment are unnecessary and
impracticable, and good cause exists for
adopting these special conditions upon
publication in the Federal Register. The
FAA is requesting comments to allow
interested persons to submit views that
may not have been submitted in
response to the prior opportunities for
comment described above.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The authority citation for these
special conditions is as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701,
44702, 44704.
The Special Conditions
Accordingly, pursuant to the
authority delegated to me by the
Administrator, the following special
conditions are issued as part of the type
certification basis for electronic systemsecurity protection from unauthorized
external access on Embraer S.A. Model
ERJ 190–300 airplanes.
1. The applicant must ensure that the
airplane electronic systems are
protected from access by unauthorized
sources external to the airplane,
including those possibly caused by
maintenance activity.
2. The applicant must ensure that
electronic system-security threats are
identified and assessed, and that
effective electronic system-security
protection strategies are implemented to
protect the airplane from all adverse
impacts on safety, functionality, and
continued airworthiness.
3. The applicant must establish
appropriate procedures to allow the
operator to ensure that continued
airworthiness of the airplane is
maintained, including all post-typecertification modifications that may
have an impact on the approved
electronic system-security safeguards.
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Issued in Renton, Washington, on June 2,
2017.
Michael Kaszycki,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2017–12280 Filed 6–13–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 774
[Docket No. 160217120–7396–02]
RIN 0694–AG85
Wassenaar Arrangement 2015 Plenary
Agreements Implementation, Removal
of Foreign National Review
Requirements, and Information
Security Updates; Corrections
Bureau of Industry and
Security, Commerce.
ACTION: Correcting amendments.
AGENCY:
The Bureau of Industry and
Security (BIS) maintains, as part of its
Export Administration Regulations
(EAR), the Commerce Control List
(CCL), which identifies certain items
subject to Department of Commerce
jurisdiction. This rule corrects citations,
replaces text that was inadvertently
removed, and corrects other errors
associated with the ‘‘Wassenaar
Arrangement 2015 Plenary Agreements
Implementation, Removal of Foreign
National Review Requirements, and
Information Security Updates’’ final rule
published on September 20, 2016
(WA15 rule).
DATES: This rule is effective: June 14,
2017.
SUMMARY:
For
general questions contact Sharron Cook,
Office of Exporter Services, Bureau of
Industry and Security, U.S. Department
of Commerce at 202–482 2440 or by
email: Sharron.Cook@bis.doc.gov.
For technical questions contact:
Office of National Security and
Technology Transfer Controls,
Information Technology Control
Division, Aaron Amundson at 202–482–
0707.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
On September 20, 2016, BIS
published a final rule entitled,
‘‘Wassenaar Arrangement 2015 Plenary
Agreements Implementation, Removal
of Foreign National Review
Requirements, and Information Security
Updates’’ (81 FR 64656–64692), (WA15
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
rule). The Wassenaar Arrangement (WA)
on Export Controls for Conventional
Arms and Dual-Use Goods and
Technologies is a group of 41 likeminded states committed to promoting
responsibility and transparency in the
global arms trade, and preventing
destabilizing accumulations of arms. As
a Participating State, the United States
has committed to controlling for export
all items on the WA control lists. The
lists were first established in 1996 and
have been revised annually thereafter.
Proposals for changes to the WA control
lists that achieve consensus are
approved by Participating States at
annual Plenary meetings. Participating
States are charged with implementing
the agreed list changes as soon as
possible after approval. The United
States’ implementation of WA list
changes ensures U.S. companies have a
level playing field with their
competitors in other WA Participating
States. This rule affects three sections of
the EAR by correcting citations,
replacing text that was inadvertently
removed, and correcting other errors
associated with the publication of the
September 20th WA15 rule.
Part 740—License Exceptions, § 740.13
Technology and Software Unrestricted
(TSU)
The introductory paragraph of
§ 740.13 (License Exception TSU) of the
EAR is corrected by removing the
reference to ‘‘encryption source code
(and corresponding object code) that
would be considered publicly available
under § 734.3(b)(3) of the EAR,’’ because
the publicly available provisions for
encryption were moved to § 742.15(b) in
the WA15 rule. This action also adds to
the introductory paragraph a reference
to ‘‘release of technology and source
code in the United States by U.S.
universities to their bona fide and full
time regular employees’’ as that
authorization was added in § 740.13(f)
of the EAR by the initial
implementation rule (78 FR 22718),
April 16, 2013.
mstockstill on DSK30JT082PROD with RULES
Part 740—License Exceptions, § 740.17
Encryption Commodities, Software, and
Technology (ENC)
This correcting action makes three
changes to § 740.17 of the EAR, as
described below.
In § 740.17, a Note that was
inadvertently removed by the WA15
rule is added to introductory paragraph
(b). The Note was omitted by error when
the mass market provisions were moved
from § 742.15(b) to § 740.17(b) in order
to consolidate these provisions in one
place.
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Jkt 241001
Also in § 740.17, paragraph (b)(2)(i) is
amended by replacing the incorrect
reference to non-existing paragraph
(a)(i)(A) and adding in its place the
correct reference to paragraph
(b)(2)(i)(A).
Supplement No. 3 to Part 774
(Statements of Understanding)
This correction rule amends the Notes
to paragraph (a) by revising paragraph
(6) to replace the reference to Note 1 to
Category 5, Part II with a reference to
Supplement No. 2 to part 774 of the
EAR because Note 1 to Category 5, Part
II was removed by the WA15 rule and
replaced with the Supp. No. 2 reference.
Export Administration Act
Although the Export Administration
Act of 1979, as amended, expired on
August 21, 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 4, 2016, 81 FR 52587 (August
8, 2016), has continued the Export
Administration Regulations (EAR) in
effect under the International
Emergency Economic Powers Act (50
U.S.C. 1701 et seq.). 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, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated a ‘‘significant
regulatory action,’’ as defined under
Executive Order 12866.
2. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
3. The provisions of the
Administrative Procedure Act requiring
notice of proposed rulemaking, the
opportunity for public participation,
and a 30-day delay in effective date (5
U.S.C. 553) are inapplicable, because
this regulation involves a military and
foreign affairs function of the United
PO 00000
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27109
States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments
fulfills the United States’ international
obligation to the Wassenaar
Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods
and Technologies (Wassenaar
Arrangement). The Wassenaar
Arrangement contributes to
international security and regional
stability by promoting greater
responsibility in transfers of
conventional arms and dual use goods
and technologies, thus preventing
destabilizing accumulations of such
items. The Wassenaar Arrangement
consists of 41 member countries that act
on a consensus basis, and the changes
set forth in this action make technical
corrections to regulations implementing
agreements reached at the December
2015 plenary session of the Wassenaar
Arrangement. Because the United States
is a significant exporter of the items
covered by this rule, implementation of
this rule is necessary for the Wassenaar
Arrangement to achieve its purpose.
Any delay in implementation will create
a disruption in the movement of
affected items globally, because of
disharmony between export control
measures implemented by Wassenaar
Arrangement members, resulting in
tension between member countries.
Export controls work best when all
countries implement the same export
controls in a timely manner. Delaying
this rulemaking to allow for notice and
comment and a 30-day delay in
effectiveness would prevent the United
States from fulfilling its commitment to
the Wassenaar Arrangement in a timely
manner, and would injure the
credibility of the United States in this
and other multilateral regimes.
In addition, issuing a notice of
proposed rulemaking would be
inappropriate and contrary to the public
interest in this instance, as this rule is
merely making corrections to a
previously published final rule.
Although there is no formal comment
period, public comments on this final
rule are welcome on a continuing basis.
Comments should be submitted to
Sharron Cook, Office of Exporter
Services, Bureau of Industry and
Security, Department of Commerce,
14th and Pennsylvania Ave. NW., Room
2099, Washington, DC 20230.
4. Because this action merely makes
technical correcting amendments to the
previously published WA15 final rule,
the analysis required by the the
Regulatory Flexibility Act (5 U.S.C. 601
et seq.) that is contained in the WA15
final rule continues to apply to the
regulatory text that is corrected by this
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Federal Register / Vol. 82, No. 113 / Wednesday, June 14, 2017 / Rules and Regulations
paragraph (b), remains subject to the
EAR until all applicable classification or
self-classification requirements set forth
in this section are fulfilled.
*
*
*
*
*
action, and no additional analysis is
necessary.
List of Subjects
15 CFR Part 740
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
PART 774 [AMENDED]
4. The authority citation for part 774
continues to read as follows:
■
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 740 and 774 of the
Export Administration Regulations (15
CFR parts 730 through 774) are
amended as follows:
PART 740 [AMENDED]
1. The authority citation for part 740
continues to read as follows:
Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15
U.S.C. 1824a; 50 U.S.C. 4305; 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 4, 2016, 81 FR 52587
(August 8, 2016).
■
Authority: 50 U.S.C. 4601 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 4, 2016, 81
FR 52587 (August 8, 2016).
2. Section 740.13 is amended by
revising the introductory text to read as
follows:
■
§ 740.13 Technology and Software—
unrestricted (TSU).
This license exception authorizes
exports and reexports of operation
technology and software; sales
technology and software; software
updates (bug fixes); ‘‘mass market’’
software subject to the General Software
Note; and release of technology and
source code in the United States by U.S.
universities to their bona fide and full
time regular employees. Note that
encryption software subject to the EAR
is not subject to the General Software
Note (see paragraph (d)(2) of this
section).
*
*
*
*
*
■ 3. In § 740.17:
■ a. Paragraph (b) introductory text is
amended by adding a Note to the
paragraph; and
■ b. Paragraph (b)(2)(i) is amended by
removing the reference ‘‘paragraph
(a)(i)(A)’’ and adding in its place
‘‘paragraph (b)(2)(i)(A)’’.
The addition reads as follows:
mstockstill on DSK30JT082PROD with RULES
§ 740.17 Encryption commodities,
software, and technology (ENC).
*
*
*
*
*
(b) * * *
Note to paragraph (b)
introductory text: Mass market
encryption software that would be
considered publicly available under
§ 734.3(b)(3) of the EAR, and is
authorized for export under this
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16:55 Jun 13, 2017
Jkt 241001
Supplement No. 3 to Part 774
[Amended]
5. In Supplement No. 3 to part 774,
the Notes to paragraph (a) are amended
by revising paragraph (6) to read as
follows:
Supplement No. 3 to Part 774—
Statements of Understanding
(a) * * *
Notes to Paragraph (a): * * *
(6) For commodities and software
‘‘specially designed’’ for medical enduse that incorporate an encryption or
other ‘‘information security’’ item
subject to the EAR, see also section 3
(General ‘‘Information Security’’ Note
(GISN)) to Supplement No. 2 to this
part.
*
*
*
*
*
Dated: June 7, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2017–12269 Filed 6–13–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG–2017–0170]
RIN 1625–AA08
Special Local Regulation; Breakers to
Bridge Paddle Festival, Lake Superior,
Keweenaw Waterway, MI
Coast Guard, DHS.
Final rule.
AGENCY:
The Coast Guard is
establishing a permanent special local
regulation on Lake Superior within the
SUMMARY:
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Fmt 4700
Sfmt 4700
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2017–
0170 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
rulemaking, call or email Lieutenant
John Mack, Waterways management,
MSU Duluth, Coast Guard; telephone
218–725–3818, email John.V.Mack@
uscg.mil.
ADDRESSES:
■
ACTION:
Keweenaw Waterway for the annual
Breakers to Bridge Paddle Festival. This
annual event historically occurs within
the first 2 weeks of September and lasts
for 1 day. This action is necessary to
safeguard the participants and
spectators on the water in a portion of
the Keweenaw Waterway between the
North Entry and the Portage Lake Lift
Bridge located in Houghton, MI. This
regulation will functionally restrict all
vessel speeds while within a designated
no-wake zone, unless otherwise
specifically authorized by the Captain of
the Port Duluth (COTP) or a designated
representative. The area forming the
subject of this permanent special local
regulation is described below.
DATES: This rule is effective July 14,
2017.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
COTP Captain of the Port Duluth
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ Section
U.S.C. United States Code
II. Background, Purpose, and Legal
Basis
On March 30, 2017 the Coast Guard
published an NPRM in the Federal
Register (82 FR 15662) entitled ‘‘Special
Local Regulation; Breakers to Bridge
Paddle Festival, Lake Superior,
Keweenaw Waterway, MI.’’ The NPRM
proposed to establish a no-wake zone
within the Keweenaw Waterway on an
annual basis during the Breakers to
Bridge Paddle Festival, and invited
comments on our proposed regulatory
action related to this fireworks display.
The aforementioned NPRM was open
for comment for 30 days, in which no
comments were received.
III. Discussion of Comments, Changes,
and the Rule
As noted above, we received no
comments on our NPRM published on
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]]>Agencies
[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27108-27110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12269]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740 and 774
[Docket No. 160217120-7396-02]
RIN 0694-AG85
Wassenaar Arrangement 2015 Plenary Agreements Implementation,
Removal of Foreign National Review Requirements, and Information
Security Updates; Corrections
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) maintains, as part
of its Export Administration Regulations (EAR), the Commerce Control
List (CCL), which identifies certain items subject to Department of
Commerce jurisdiction. This rule corrects citations, replaces text that
was inadvertently removed, and corrects other errors associated with
the ``Wassenaar Arrangement 2015 Plenary Agreements Implementation,
Removal of Foreign National Review Requirements, and Information
Security Updates'' final rule published on September 20, 2016 (WA15
rule).
DATES: This rule is effective: June 14, 2017.
FOR FURTHER INFORMATION CONTACT: For general questions contact Sharron
Cook, Office of Exporter Services, Bureau of Industry and Security,
U.S. Department of Commerce at 202-482 2440 or by email:
Sharron.Cook@bis.doc.gov.
For technical questions contact: Office of National Security and
Technology Transfer Controls, Information Technology Control Division,
Aaron Amundson at 202-482-0707.
SUPPLEMENTARY INFORMATION:
Background
On September 20, 2016, BIS published a final rule entitled,
``Wassenaar Arrangement 2015 Plenary Agreements Implementation, Removal
of Foreign National Review Requirements, and Information Security
Updates'' (81 FR 64656-64692), (WA15
[[Page 27109]]
rule). The Wassenaar Arrangement (WA) on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies is a group of 41
like-minded states committed to promoting responsibility and
transparency in the global arms trade, and preventing destabilizing
accumulations of arms. As a Participating State, the United States has
committed to controlling for export all items on the WA control lists.
The lists were first established in 1996 and have been revised annually
thereafter. Proposals for changes to the WA control lists that achieve
consensus are approved by Participating States at annual Plenary
meetings. Participating States are charged with implementing the agreed
list changes as soon as possible after approval. The United States'
implementation of WA list changes ensures U.S. companies have a level
playing field with their competitors in other WA Participating States.
This rule affects three sections of the EAR by correcting citations,
replacing text that was inadvertently removed, and correcting other
errors associated with the publication of the September 20th WA15 rule.
Part 740--License Exceptions, Sec. 740.13 Technology and Software
Unrestricted (TSU)
The introductory paragraph of Sec. 740.13 (License Exception TSU)
of the EAR is corrected by removing the reference to ``encryption
source code (and corresponding object code) that would be considered
publicly available under Sec. 734.3(b)(3) of the EAR,'' because the
publicly available provisions for encryption were moved to Sec.
742.15(b) in the WA15 rule. This action also adds to the introductory
paragraph a reference to ``release of technology and source code in the
United States by U.S. universities to their bona fide and full time
regular employees'' as that authorization was added in Sec. 740.13(f)
of the EAR by the initial implementation rule (78 FR 22718), April 16,
2013.
Part 740--License Exceptions, Sec. 740.17 Encryption Commodities,
Software, and Technology (ENC)
This correcting action makes three changes to Sec. 740.17 of the
EAR, as described below.
In Sec. 740.17, a Note that was inadvertently removed by the WA15
rule is added to introductory paragraph (b). The Note was omitted by
error when the mass market provisions were moved from Sec. 742.15(b)
to Sec. 740.17(b) in order to consolidate these provisions in one
place.
Also in Sec. 740.17, paragraph (b)(2)(i) is amended by replacing
the incorrect reference to non-existing paragraph (a)(i)(A) and adding
in its place the correct reference to paragraph (b)(2)(i)(A).
Supplement No. 3 to Part 774 (Statements of Understanding)
This correction rule amends the Notes to paragraph (a) by revising
paragraph (6) to replace the reference to Note 1 to Category 5, Part II
with a reference to Supplement No. 2 to part 774 of the EAR because
Note 1 to Category 5, Part II was removed by the WA15 rule and replaced
with the Supp. No. 2 reference.
Export Administration Act
Although the Export Administration Act of 1979, as amended, expired
on August 21, 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 4, 2016, 81 FR 52587 (August 8,
2016), has continued the Export Administration Regulations (EAR) in
effect under the International Emergency Economic Powers Act (50 U.S.C.
1701 et seq.). 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, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' as defined under Executive Order 12866.
2. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
3. The provisions of the Administrative Procedure Act requiring
notice of proposed rulemaking, the opportunity for public
participation, and a 30-day delay in effective date (5 U.S.C. 553) are
inapplicable, because this regulation involves a military and foreign
affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments fulfills the United States'
international obligation to the Wassenaar Arrangement on Export
Controls for Conventional Arms and Dual-Use Goods and Technologies
(Wassenaar Arrangement). The Wassenaar Arrangement contributes to
international security and regional stability by promoting greater
responsibility in transfers of conventional arms and dual use goods and
technologies, thus preventing destabilizing accumulations of such
items. The Wassenaar Arrangement consists of 41 member countries that
act on a consensus basis, and the changes set forth in this action make
technical corrections to regulations implementing agreements reached at
the December 2015 plenary session of the Wassenaar Arrangement. Because
the United States is a significant exporter of the items covered by
this rule, implementation of this rule is necessary for the Wassenaar
Arrangement to achieve its purpose. Any delay in implementation will
create a disruption in the movement of affected items globally, because
of disharmony between export control measures implemented by Wassenaar
Arrangement members, resulting in tension between member countries.
Export controls work best when all countries implement the same export
controls in a timely manner. Delaying this rulemaking to allow for
notice and comment and a 30-day delay in effectiveness would prevent
the United States from fulfilling its commitment to the Wassenaar
Arrangement in a timely manner, and would injure the credibility of the
United States in this and other multilateral regimes.
In addition, issuing a notice of proposed rulemaking would be
inappropriate and contrary to the public interest in this instance, as
this rule is merely making corrections to a previously published final
rule.
Although there is no formal comment period, public comments on this
final rule are welcome on a continuing basis. Comments should be
submitted to Sharron Cook, Office of Exporter Services, Bureau of
Industry and Security, Department of Commerce, 14th and Pennsylvania
Ave. NW., Room 2099, Washington, DC 20230.
4. Because this action merely makes technical correcting amendments
to the previously published WA15 final rule, the analysis required by
the the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that is
contained in the WA15 final rule continues to apply to the regulatory
text that is corrected by this
[[Page 27110]]
action, and no additional analysis is necessary.
List of Subjects
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 740 and 774 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:
PART 740 [AMENDED]
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1. The authority citation for part 740 continues to read as follows:
Authority: 50 U.S.C. 4601 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 4, 2016, 81 FR 52587 (August 8, 2016).
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2. Section 740.13 is amended by revising the introductory text to read
as follows:
Sec. 740.13 Technology and Software--unrestricted (TSU).
This license exception authorizes exports and reexports of
operation technology and software; sales technology and software;
software updates (bug fixes); ``mass market'' software subject to the
General Software Note; and release of technology and source code in the
United States by U.S. universities to their bona fide and full time
regular employees. Note that encryption software subject to the EAR is
not subject to the General Software Note (see paragraph (d)(2) of this
section).
* * * * *
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3. In Sec. 740.17:
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a. Paragraph (b) introductory text is amended by adding a Note to the
paragraph; and
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b. Paragraph (b)(2)(i) is amended by removing the reference ``paragraph
(a)(i)(A)'' and adding in its place ``paragraph (b)(2)(i)(A)''.
The addition reads as follows:
Sec. 740.17 Encryption commodities, software, and technology (ENC).
* * * * *
(b) * * *
Note to paragraph (b) introductory text: Mass market encryption
software that would be considered publicly available under Sec.
734.3(b)(3) of the EAR, and is authorized for export under this
paragraph (b), remains subject to the EAR until all applicable
classification or self-classification requirements set forth in this
section are fulfilled.
* * * * *
PART 774 [AMENDED]
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4. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 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 4, 2016, 81 FR 52587 (August 8,
2016).
Supplement No. 3 to Part 774 [Amended]
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5. In Supplement No. 3 to part 774, the Notes to paragraph (a) are
amended by revising paragraph (6) to read as follows:
Supplement No. 3 to Part 774--Statements of Understanding
(a) * * *
Notes to Paragraph (a): * * *
(6) For commodities and software ``specially designed'' for medical
end-use that incorporate an encryption or other ``information
security'' item subject to the EAR, see also section 3 (General
``Information Security'' Note (GISN)) to Supplement No. 2 to this part.
* * * * *
Dated: June 7, 2017.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2017-12269 Filed 6-13-17; 8:45 am]
BILLING CODE 3510-33-P
