Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations; Correction, 709-711 [2018-00059]
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new civil monetary penalty level, and
before the effective date of any future
adjustments for inflation to civil
monetary penalties thereto made
subsequent to January 15, 2018 as
provided in § 6.5.
license requirements. In this final rule,
BIS is amending ECCNs 0D606 and
0E606 by reinstating original text that
was erroneously replaced with the text
for ECCNs 0D614 and 0E614,
respectively, in the December 27 rule. In
addition, this rule reinstates paragraph
(2) of the Special Conditions for STA in
ECCN 8A609.
§ 6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
Part 774
ECCNs 0D606 and 0E606: The
December 27 rule amended ECCN
subparagraphs 0D606.a and 0E606.a to
include references to ECCNs 0B606 and
0C606. During drafting, the License
Requirements section and the text
following the revised subparagraphs for
both ECCNs was exchanged with the
text for ECCNs 0D614 and 0E614,
respectively. In order to follow the
guidelines of the original preamble, this
correction to the December 27 rule
restores the original License
Requirements section and the text of
ECCNs 0D606 and 0E606 following
subparagraph .a in both ECCNs. In
addition, this rule replaces the incorrect
reference to 0D606 with 0E606 in the
Special Conditions for STA of ECCN
0E606.
ECCN 8A609: The December 27 rule
amended ECCN 8A609 by revising the
title reference in these ECCNs to match
the current title of § 740.20(g) and in
doing so inadvertently removed
paragraph (2) of the Special Conditions
for STA. This rule restores paragraph (2)
of the Special Conditions for STA in
ECCN 8A609.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
the Department of Commerce’s civil
monetary penalties annually, which
shall take effect not later than January
15, notwithstanding section 553 of title
5, United States Code.
[FR Doc. 2017–28230 Filed 1–5–18; 8:45 am]
BILLING CODE 3510–DP–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[170207157–7157–01]
RIN 0694–AH31
Revisions, Clarifications, and
Technical Corrections to the Export
Administration Regulations;
Correction
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correcting
amendments.
AGENCY:
In this final rule, the Bureau
of Industry and Security corrects an
error in the text of Export Control
Classification Numbers (ECCNs) 0D606,
0E606, and 8A609.
DATES: This rule is effective January 8,
2018.
FOR FURTHER INFORMATION CONTACT: Ivan
Mogensen, Office of Exporter Services,
Bureau of Industry and Security, by
telephone: (202) 482–2440 or email:
Ivan.Mogensen@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jstallworth on DSKBBY8HB2PROD with RULES
Overview
On December 27, 2017, BIS published
a final rule, Revisions, Clarifications,
and Technical Corrections to the Export
Administration Regulations (82 FR
61153) (the December 27 rule), which
made corrections to certain provisions
of the Export Administration
Regulations (EAR), including the
Commerce Control List (part 774 of the
EAR) (CCL). The corrections were
editorial in nature and did not affect
VerDate Sep<11>2014
15:10 Jan 05, 2018
Jkt 244001
Export Administration Act
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
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
15, 2017, 82 FR 39005 (August 16, 2017)
has continued the 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
PO 00000
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Fmt 4700
Sfmt 4700
709
(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
does not impose any regulatory burden
on the public and is consistent with the
goals of Executive Order 13563. This
rule has been designated not significant
for purposes of Executive Order 12866.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
2. This final rule does not contain
information collections subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA). Notwithstanding any
other provision of law, no person is
required to respond to, nor is 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.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The Department of Commerce finds
that there is good cause under 5 U.S.C.
553(b)(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
revisions made by this rule are
administrative in nature and do not
affect the privileges and obligations of
the public. Additionally, it is important
that the edits and clarifications are
added as soon as possible to prevent
improper interpretation of the EAR. The
Department also finds that there is good
cause under 5 U.S.C. 553(b)(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. 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 because no general notice
of proposed rulemaking was required
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
for this rule by 5 U.S.C. 553, or by any
other law. Accordingly, no regulatory
flexibility analysis is required and none
has been prepared.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, part 774 of the Export
Administration Regulations (15 CFR
part 774) is amended as follows:
PART 774—[AMENDED]
1. The authority citation for 15 CFR
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 15, 2017, 82 FR 39005
(August 16, 2017).
2. In supplement No. 1 to part 774,
Category 0, ECCN 0D606 is revised to
read as follows:
■
*
*
*
License Requirements
Reason for Control: NS, RS, AT, UN.
NS applies to entire
entry, except
0D606.y.
RS applies to entire
entry, except
0D606.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0D606.y.
Country Chart
(See Supp. No. 1
to part 738)
NS Column 1.
RS Column 1.
AT Column 1.
See § 746.1(b) for UN
controls.
jstallworth on DSKBBY8HB2PROD with RULES
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any software in 0D606.
List of Items Controlled
Related Controls: (1) Software directly related
to articles enumerated or otherwise
described in USML Category VII are subject
15:10 Jan 05, 2018
Jkt 244001
Control(s)
NS applies to entire
entry, except
0E606.y.
RS applies to entire
entry, except
0D606.y.
AT applies to entire
entry.
UN applies to entire
entry, except
0D606.y.
Country Chart
(See Supp. No. 1
to part 738)
NS Column 1.
RS Column 1.
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions
(See Part 740 for a description of all license
exceptions)
CIV: N/A.
TSR: N/A.
List Based License Exceptions
(See Part 740 for a description of all license
exceptions)
CIV: N/A.
TSR: N/A.
VerDate Sep<11>2014
0E606 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’
operation, installation, maintenance,
repair, overhaul, or refurbishing of
ground vehicles and related
commodities in 0A606, 0B606, 0C606, or
software in 0D606 (see List of Items
Controlled).
*
0D606 ‘‘Software’’ ‘‘specially designed’’ for
the ‘‘development,’’ ‘‘production,’’
operation, or maintenance of ground
vehicles and related commodities
controlled by 0A606, 0B606, or 0C606
(see List of Items Controlled).
Control(s)
3. In supplement No. 1 to part 774,
Category 0, ECCN 0E606 is revised to
read as follows:
y. Specific ‘‘technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul or
refurbishing of commodities or software in
ECCN 0A606.y or 0D606.y.
4. In supplement No. 1 to part 774,
Category 8, ECCN 8A609 is revised to
read as follows:
■
8A609 Surface vessels of war and related
commodities (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN.
Control(s)
■
License Requirements
Reason for Control: NS, RS, AT, UN.
Supplement No. 1 to Part 774—The
Commerce Control List
*
to the controls of USML paragraph VII(h).
(2) See ECCN 0A919 for foreign made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content.
Related Definitions: N/A.
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCNs 0A606 (except for ECCNs 0A606.b or
0A606.y), 0B606, or 0C606.
b. through x. [RESERVED]
y. ‘‘Specific software’’ ‘‘specially designed’’
for the ‘‘production,’’ ‘‘development,’’
operation, or maintenance of commodities
described in ECCN 0A606.y.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any technology in 0E606.
List of Items Controlled
Related Controls: Technical data directly
related to articles enumerated in USML
Category VII are subject to the controls of
USML paragraph VII(h).
Related Definitions: N/A.
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities enumerated
or otherwise described in ECCN 0A606
(except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
b. through x. [RESERVED]
PO 00000
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Fmt 4700
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NS applies to entire
entry, except
8A609.y.
RS applies to entire
entry, except
8A609.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8A609.y.
Country Chart
(See Supp. No. 1
to part 738)
NS Column 1.
RS Column 1.
AT Column 1.
See § 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740
for a description of all license exceptions)
LVS: $1500.
GBS: N/A.
CIV: N/A.
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
8A609.
List of Items Controlled
Related Controls: (1) Surface vessels of war
and special naval equipment, and technical
data (including software), and services
directly related thereto, described in 22
CFR part 121, Category VI, Surface Vessels
of War and Special Naval Equipment, are
subject to the jurisdiction of the
International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content. (3)
For controls on diesel engines and electric
motors that are ‘‘subject to the EAR’’ for
surface vessels of war ‘‘subject to the EAR’’
or ‘‘subject to the ITAR,’’ see ECCN
8A992.g. For diesel engines and electric
motors for surface vessels of war ‘‘subject
to the ITAR,’’ see 22 CFR part 121,
Category VI(c) for parts, components,
accessories, and attachments, ‘‘specially
designed’’ for developmental vessels
funded by the Department of Defense via
contract or other funding authorization. (4)
For controls on military gas turbine
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Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations
engines and related items for vessels of
war, see ECCN 9A619.
Related Definitions: N/A.
Items:
a. Surface vessels of war ‘‘specially
designed’’ for a military use and not
enumerated or otherwise described in the
USML.
Note 1: 8A609.a includes: (i) Underway
replenishment ships; (ii) surface vessel and
submarine tender and repair ships, except
vessels that are ‘‘specially designed’’ to
support naval nuclear propulsion plants; (iii)
non-submersible submarine rescue ships; (iv)
other auxiliaries (e.g., AGDS, AGF, AGM,
AGOR, AGOS, AH, AP, ARL, AVB, AVM, and
AVT); (v) amphibious warfare craft, except
those that are armed; and (vi) unarmored
and unarmed coastal, patrol, roadstead, and
Coast Guard and other patrol craft with
mounts or hard points for firearms of .50
caliber or less.
jstallworth on DSKBBY8HB2PROD with RULES
Note 2: For purposes of paragraph .a,
surface vessels of war includes vessels
‘‘specially designed’’ for military use that are
not identified in paragraph (a) of ITAR
§ 121.15, including any demilitarized vessels,
regardless of origin or designation,
manufactured prior to 1950 and that have
not been modified since 1949. For purposes
of this note, the term modified does not
include incorporation of safety features
required by law, cosmetic changes (e.g.,
different paint), or the addition of ‘‘parts’’ or
‘‘components’’ available prior to 1950.
b. Non-magnetic diesel engines with a
power output of 50 hp or more and either of
the following:
b.1. Non-magnetic content exceeding 25%
of total weight; or
b.2. Non-magnetic parts other than
crankcase, block, head, pistons, covers, end
plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [RESERVED]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 8A609 (except
for 8A609.y) or a defense article enumerated
or otherwise described in USML Category VI
and not specified elsewhere on the USML, in
8A609.y or 3A611.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacturing where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 8A609.x
are controlled by ECCN 8A609.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ specified in
USML subcategory VI(f) are subject to the
controls of that paragraph. ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ specified in ECCN 8A609.y
are subject to the controls of that paragraph.
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 VI and not elsewhere specified in
the USML, as follows, and ‘‘parts,’’
VerDate Sep<11>2014
15:10 Jan 05, 2018
Jkt 244001
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses,
lines, fittings, couplings, and brackets for
pneumatic, hydraulic, oil and fuel systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth
detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves,
hoses, lines, fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches,
buttons, and dials whether unfiltered or
filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
Dated: January 2, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018–00059 Filed 1–5–18; 8:45 am]
BILLING CODE–P
SOCIAL SECURITY ADMINISTRATION
20 CFR Parts 404 and 416
[Docket No. SSA–2017–0062]
RIN 0960–AI26
Extension of Sunset Date for Attorney
Advisor Program
Social Security Administration.
Final rule.
AGENCY:
ACTION:
We are extending for six
months our rule authorizing attorney
advisors to conduct certain prehearing
proceedings and to issue fully favorable
decisions. The current rule is scheduled
to expire on February 5, 2018. In this
final rule, we are extending the sunset
date to August 3, 2018. We are making
no other substantive changes.
DATES: This final rule is effective
January 8, 2018.
FOR FURTHER INFORMATION CONTACT:
Susan Swansiger, Office of Hearings
Operations, Social Security
Administration, 5107 Leesburg Pike,
Falls Church, VA 22041, (703) 605–
8500. For information on eligibility or
filing for benefits, call our national tollfree number, 800–772–1213 or TTY
800–325–0778, or visit our internet site,
Social Security Online, at https://
www.socialsecurity.gov.
SUMMARY:
711
favorable decisions when the
documentary record warrants doing so.
72 FR 44763. We instituted this practice
to provide more timely service to the
increasing number of applicants for
Social Security disability benefits and
Supplemental Security Income
payments based on disability. We
considered the public comments we
received on the interim final rule, and
on March 3, 2008, we issued a final rule
without change. 73 FR 11349. Under
this rule, some attorney advisors may
develop claims and, in appropriate
cases, issue fully favorable decisions
before a hearing.
We originally intended the attorney
advisor program to be a temporary
modification to our procedures.
Therefore, we included in sections
404.942(g) and 416.1442(g) of the
interim final rule a provision that the
program would end on August 10, 2009,
unless we decided to either terminate
the rule earlier or extend it beyond that
date by publication of a final rule in the
Federal Register. Since that time, we
have periodically extended the sunset
date (see 74 FR 33327 extending to
August 10, 2011; 76 FR 18383 extending
to August 9, 2013; 78 FR 45459
extending to August 7, 2015; and 80 FR
31990 extending to August 4, 2017). As
we noted above, the current sunset date
for the program is February 5, 2018. 82
FR 34400.
Explanation of Extension
Background of the Attorney Advisor
Program
We published the final rule to adopt
without change the interim final rule
that we published on August 9, 2007.
We stated our intent to monitor the
program closely and to modify it if it
did not meet our expectations. 73 FR
11349.
We explained in the 2008 final rule
that the number of requests for hearings
had increased significantly in recent
years. From 2008 to the present, the
number of pending hearing requests has
continued to remain at a high level, and
we anticipate that we will receive
several hundred thousand hearing
requests in fiscal year 2018.1 We are
extending the program at this time
while we continue to consider our
options with respect to the program.
To preserve the maximum degree of
flexibility we need to manage our
hearings-level workloads effectively, we
have decided to extend the attorney
advisor rule for six months until August
3, 2018. As before, we reserve the
authority to end the program earlier, to
On August 9, 2007, we issued an
interim final rule permitting some
attorney advisors to conduct certain
prehearing proceedings and issue fully
1 Our budget estimates indicate that we expect to
receive approximately 645,000 hearing requests in
fiscal year 2018 (available at: https://www.ssa.gov/
budget/FY18Files/2018BO.pdf).
SUPPLEMENTARY INFORMATION:
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]]>Agencies
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Rules and Regulations]
[Pages 709-711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00059]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[170207157-7157-01]
RIN 0694-AH31
Revisions, Clarifications, and Technical Corrections to the
Export Administration Regulations; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security
corrects an error in the text of Export Control Classification Numbers
(ECCNs) 0D606, 0E606, and 8A609.
DATES: This rule is effective January 8, 2018.
FOR FURTHER INFORMATION CONTACT: Ivan Mogensen, Office of Exporter
Services, Bureau of Industry and Security, by telephone: (202) 482-2440
or email: [email protected].
SUPPLEMENTARY INFORMATION:
Overview
On December 27, 2017, BIS published a final rule, Revisions,
Clarifications, and Technical Corrections to the Export Administration
Regulations (82 FR 61153) (the December 27 rule), which made
corrections to certain provisions of the Export Administration
Regulations (EAR), including the Commerce Control List (part 774 of the
EAR) (CCL). The corrections were editorial in nature and did not affect
license requirements. In this final rule, BIS is amending ECCNs 0D606
and 0E606 by reinstating original text that was erroneously replaced
with the text for ECCNs 0D614 and 0E614, respectively, in the December
27 rule. In addition, this rule reinstates paragraph (2) of the Special
Conditions for STA in ECCN 8A609.
Part 774
ECCNs 0D606 and 0E606: The December 27 rule amended ECCN
subparagraphs 0D606.a and 0E606.a to include references to ECCNs 0B606
and 0C606. During drafting, the License Requirements section and the
text following the revised subparagraphs for both ECCNs was exchanged
with the text for ECCNs 0D614 and 0E614, respectively. In order to
follow the guidelines of the original preamble, this correction to the
December 27 rule restores the original License Requirements section and
the text of ECCNs 0D606 and 0E606 following subparagraph .a in both
ECCNs. In addition, this rule replaces the incorrect reference to 0D606
with 0E606 in the Special Conditions for STA of ECCN 0E606.
ECCN 8A609: The December 27 rule amended ECCN 8A609 by revising the
title reference in these ECCNs to match the current title of Sec.
740.20(g) and in doing so inadvertently removed paragraph (2) of the
Special Conditions for STA. This rule restores paragraph (2) of the
Special Conditions for STA in ECCN 8A609.
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, 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 15, 2017, 82 FR
39005 (August 16, 2017) has continued the 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 does not impose any regulatory burden on the
public and is consistent with the goals of Executive Order 13563. This
rule has been designated not significant for purposes of Executive
Order 12866. This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
2. This final rule does not contain information collections subject
to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) (PRA). Notwithstanding any other provision of law, no
person is required to respond to, nor is 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.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The Department of Commerce finds that there is good cause under
5 U.S.C. 553(b)(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 revisions made by this
rule are administrative in nature and do not affect the privileges and
obligations of the public. Additionally, it is important that the edits
and clarifications are added as soon as possible to prevent improper
interpretation of the EAR. The Department also finds that there is good
cause under 5 U.S.C. 553(b)(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. 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 because no
general notice of proposed rulemaking was required
[[Page 710]]
for this rule by 5 U.S.C. 553, or by any other law. Accordingly, no
regulatory flexibility analysis is required and none has been prepared.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, part 774 of the Export Administration Regulations (15
CFR part 774) is amended as follows:
PART 774--[AMENDED]
0
1. The authority citation for 15 CFR 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 15, 2017, 82 FR 39005 (August
16, 2017).
0
2. In supplement No. 1 to part 774, Category 0, ECCN 0D606 is revised
to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
0D606 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of ground vehicles and
related commodities controlled by 0A606, 0B606, or 0C606 (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN.
Country Chart (See Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry, except 0D606.y NS Column 1.
RS applies to entire entry, except 0D606.y RS Column 1.
AT applies to entire entry................ AT Column 1.
UN applies to entire entry, except 0D606.y See Sec. 746.1(b) for UN
controls.
List Based License Exceptions
(See Part 740 for a description of all license exceptions)
CIV: N/A.
TSR: N/A.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any software in 0D606.
List of Items Controlled
Related Controls: (1) Software directly related to articles
enumerated or otherwise described in USML Category VII are subject
to the controls of USML paragraph VII(h). (2) See ECCN 0A919 for
foreign made ``military commodities'' that incorporate more than a
de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A.
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or
0C606.
b. through x. [RESERVED]
y. ``Specific software'' ``specially designed'' for the
``production,'' ``development,'' operation, or maintenance of
commodities described in ECCN 0A606.y.
0
3. In supplement No. 1 to part 774, Category 0, ECCN 0E606 is revised
to read as follows:
0E606 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of ground vehicles and related commodities
in 0A606, 0B606, 0C606, or software in 0D606 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN.
Country Chart (See Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry, except 0E606.y NS Column 1.
RS applies to entire entry, except 0D606.y RS Column 1.
AT applies to entire entry................ AT Column 1.
UN applies to entire entry, except 0D606.y See Sec. 746.1(b) for UN
controls.
List Based License Exceptions
(See Part 740 for a description of all license exceptions)
CIV: N/A.
TSR: N/A.
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any technology in 0E606.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated in USML Category VII are subject to the controls of USML
paragraph VII(h).
Related Definitions: N/A.
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities enumerated or otherwise
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
b. through x. [RESERVED]
y. Specific ``technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities or software in ECCN 0A606.y
or 0D606.y.
0
4. In supplement No. 1 to part 774, Category 8, ECCN 8A609 is revised
to read as follows:
8A609 Surface vessels of war and related commodities (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN.
Country Chart (See Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry, except 8A609.y NS Column 1.
RS applies to entire entry, except 8A609.y RS Column 1.
AT applies to entire entry................ AT Column 1.
UN applies to entire entry, except 8A609.y See Sec. 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
LVS: $1500.
GBS: N/A.
CIV: N/A.
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2)
of License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be
used for any item in 8A609.
List of Items Controlled
Related Controls: (1) Surface vessels of war and special naval
equipment, and technical data (including software), and services
directly related thereto, described in 22 CFR part 121, Category VI,
Surface Vessels of War and Special Naval Equipment, are subject to
the jurisdiction of the International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made ``military commodities'' that
incorporate more than a de minimis amount of U.S.- origin ``600
series'' controlled content. (3) For controls on diesel engines and
electric motors that are ``subject to the EAR'' for surface vessels
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN
8A992.g. For diesel engines and electric motors for surface vessels
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c)
for parts, components, accessories, and attachments, ``specially
designed'' for developmental vessels funded by the Department of
Defense via contract or other funding authorization. (4) For
controls on military gas turbine
[[Page 711]]
engines and related items for vessels of war, see ECCN 9A619.
Related Definitions: N/A.
Items:
a. Surface vessels of war ``specially designed'' for a military
use and not enumerated or otherwise described in the USML.
Note 1: 8A609.a includes: (i) Underway replenishment ships; (ii)
surface vessel and submarine tender and repair ships, except vessels
that are ``specially designed'' to support naval nuclear propulsion
plants; (iii) non-submersible submarine rescue ships; (iv) other
auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP, ARL, AVB,
AVM, and AVT); (v) amphibious warfare craft, except those that are
armed; and (vi) unarmored and unarmed coastal, patrol, roadstead,
and Coast Guard and other patrol craft with mounts or hard points
for firearms of .50 caliber or less.
Note 2: For purposes of paragraph .a, surface vessels of war
includes vessels ``specially designed'' for military use that are
not identified in paragraph (a) of ITAR Sec. 121.15, including any
demilitarized vessels, regardless of origin or designation,
manufactured prior to 1950 and that have not been modified since
1949. For purposes of this note, the term modified does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint), or the addition of ``parts'' or
``components'' available prior to 1950.
b. Non-magnetic diesel engines with a power output of 50 hp or
more and either of the following:
b.1. Non-magnetic content exceeding 25% of total weight; or
b.2. Non-magnetic parts other than crankcase, block, head,
pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [RESERVED]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y)
or a defense article enumerated or otherwise described in USML
Category VI and not specified elsewhere on the USML, in 8A609.y or
3A611.y.
Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 8A609.x are controlled by ECCN
8A609.x.
Note 2: ``Parts,'' ``components,'' ``accessories'' and
``attachments'' specified in USML subcategory VI(f) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories,'' and ``attachments'' specified in ECCN 8A609.y are
subject to the controls of that paragraph.
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 VI
and not elsewhere specified in the USML, as follows, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses, lines, fittings,
couplings, and brackets for pneumatic, hydraulic, oil and fuel
systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves, hoses, lines,
fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches, buttons, and dials
whether unfiltered or filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
Dated: January 2, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-00059 Filed 1-5-18; 8:45 am]
BILLING CODE-P
