Reclassification of Targets for the Production of Tritium and Related Development and Production Technology Initially Classified Under the 0Y521 Series, 14580-14583 [2018-06985]
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
§ 71.1
Federal Aviation Administration
AEA PA E5
[Corrected]
Compliance, by phone at (202) 482–
1641, or by email at Steven.Clagett@
bis.doc.gov.
Selinsgrove, PA
On page 9182, column 3, line 27,
remove
’(Lat. 40°49′16″ N., long. 76°51′551″
W.)’, and in its place,
’(Lat. 40°49′16″ N., long. 76°51′51″ W.)’,
14 CFR Part 71
[Docket No. FAA–2014–0839; Airspace
Docket No. 14–AEA–7]
Issued in College Park, Georgia, on March
27, 2018.
Ryan W. Almasy
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
Amendment of Class E Airspace;
Selinsgrove, PA
Federal Aviation
Administration (FAA), DOT.
AGENCY:
ACTION:
[Amended]
[FR Doc. 2018–06754 Filed 4–4–18; 8:45 am]
Final rule, correction.
BILLING CODE 4910–13–P
This action corrects a final
rule published in the Federal Register
on March 5, 2018, amending Class E
airspace at Penn Valley Airport,
Selinsgrove, PA, by correcting the
geographic coordinates of the airport.
This is an administrative change to
coincide with the FAA’s aeronautical
database.
SUMMARY:
Effective 0901 UTC, May 24,
2018. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.11 and publication of conforming
amendments.
DATES:
John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, 1701 Columbia Avenue,
College Park, GA 30337; telephone (404)
305–6364.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
History
The FAA published a final rule in the
Federal Register (83 FR 9181, March 5,
2018) for Docket No. FAA–2014–0839
amending Class E airspace area
extending upward from 700 feet or more
above the surface at Penn Valley
Airport, Selinsgrove, PA. Subsequent to
publication, the FAA identified a
clerical error in the legal description of
the airport. This action corrects the
geographic coordinates from ’(Lat.
40°49′16″ N., long. 76°51′551″ W.)’; to
’(Lat. 40°49′16″ N., long. 76°51′51″ W.)’.
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Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, in the
Federal Register of March 5, 2018 (83
FR 9181) FR Doc. FAA–2014–0839,
Amendment of Class E Airspace for
Penn Valley Airport, Selinsgrove, PA, is
corrected as follows:
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17:47 Apr 04, 2018
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 160303184–8255–01]
RIN 0694–AG90
Reclassification of Targets for the
Production of Tritium and Related
Development and Production
Technology Initially Classified Under
the 0Y521 Series
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations
(EAR) to impose a license requirement
on exports and reexports of specified
target assemblies and components for
the production of tritium under new
Export Control Classification Number
(ECCN) 1A231, and for the related
‘‘production’’ technology for 1A231
commodities covered under ECCNs
1E001 and 1E201. The items identified
in this rule are controlled for nuclear
nonproliferation (NP) Column 1 and
anti-terrorism (AT) Column 1 reasons.
These new classifications are the result
of a U.S. Government proposal
submitted and agreed to by members of
the relevant multilateral regime, the
Nuclear Suppliers Group (NSG), in June
2017. This final rule, as required under
the 0Y521 procedure and in fulfillment
of multilateral commitments,
implements the multilateral control for
the items adopted by the NSG.
DATES: This rule is effective April 5,
2018.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Steven Clagett, Director, Nuclear and
Missile Technology Controls Division,
Office of Nonproliferation and Treaty
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SUPPLEMENTARY INFORMATION:
Background
In 2012, BIS established the
temporary classification ECCN 0Y521
series (encompassing ECCNs 0A521,
0B521, 0C521, 0D521, and 0E521) to
identify items that warrant control on
the Commerce Control List (CCL)
because the items provide at least a
significant military or intelligence
advantage to the United States or for
foreign policy reasons, but are not yet
identified in an existing ECCN (77 FR
22191; April 13, 2012).
The license requirements and policies
for the ECCN 0Y521 series appear in
§ 742.6(a)(7) of the EAR, and items
classified under the series appear in
supplement No. 5 to part 774.
Consistent with the procedure
established in the April 13, 2012, rule,
the Department of Commerce, with the
concurrence of the Departments of
Defense and State and in consultation
with the Department of Energy,
determined that targets made of or
containing lithium ‘‘specially designed’’
for the production of tritium by
insertion in the core of a nuclear reactor
(‘‘targets’’) and the related
‘‘development’’ and ‘‘production’’
technology met the criteria for inclusion
in the series. Controls on the targets and
related technologies under 0Y521 series
ECCNs 0A521 and 0E521, respectively,
were published in an interim final rule,
with request for comments, on August 8,
2016 (81 FR 52326). The items were
controlled for regional stability (RS)
Column 1 reasons to all destinations
except Canada, and a case-by-case
review policy applied to license
applications. The only license exception
available for these items was License
Exception GOV (Governments,
international organizations,
international inspections under the
Chemical Weapons Convention, and the
International Space Station (GOV)),
which applies to all ECCN 0Y521 items
if within the scope of § 740.11(b)(2)(ii)
(Exports, reexports, and transfers (incountry) made by or consigned to a
department or agency of the U.S.
Government), as provided in
§ 740.2(a)(14). See also supplement No.
5 to part 774. BIS did not receive any
comments in response to the August 8,
2016 rule.
Subsequent to the 0Y521
classification, and, as required by
§ 742.6(a)(7)(iii), within one calendar
year of the August 8, 2016 rule
providing for the temporary 0Y521
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
series classification, the U.S
Government submitted a proposal to the
NSG seeking a longer-term, multilateral
classification for the targets and related
technologies. The NSG adopted the
United States’ proposal. Therefore, as
required under the 0Y521 ECCN series
procedure and to fulfill the multilateral
commitment made at the NSG, this final
rule formally implements the adoption
of a nuclear nonproliferation (NP)
control for the items mentioned. This
rule also implements an anti-terrorism
(AT) control on the items.
Targets for the Production of Tritium
and Related ‘‘Development’’ and
‘‘Production’’ Technology Initially
Classified Under the 0Y521 Series
Reclassified to a Nuclear
Nonproliferation Multilateral Control
Under the EAR
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License Requirements
In this rule, BIS amends the EAR to
add a new ECCN, 1A231, for specified
target assemblies and components for
the production of tritium, and to impose
a license requirement on exports and
reexports of items classified thereunder.
ECCN 1A231 will be inserted between
ECCNs 1A227 and 1A290 on the CCL.
Specifically, this rule imposes a license
requirement on exports and reexports of
such items if they are either (a.) target
assemblies made of or containing
lithium enriched in the lithium-6
isotope ‘‘specially designed’’ for the
production of tritium through
irradiation, including insertion in a
nuclear reactor; or (b.) components
‘‘specially designed’’ for the target
assemblies specified in Item paragraph
a. of new ECCN 1A231. A Technical
Note to paragraph b. provides that
components ‘‘specially designed’’ for
target assemblies for the production of
tritium may include lithium pellets,
tritium getters, and specially-coated
cladding.
In addition, pursuant to this rule, the
related ‘‘production’’ technology for the
items controlled under the new ECCN
1A231 entry is classified under existing
ECCNs 1E001 and 1E201. Consequently,
a reference to ECCN 1A231 has been
added to the headings of ECCN 1E001
and ECCN 1E201 and to the License
Requirements section of ECCN 1E001.
The items classified under new ECCN
1A231 and under existing ECCNs 1E001
and 1E201 in this rule are controlled for
nuclear nonproliferation (NP) Column 1
and anti-terrorism (AT) Column 1
reasons.
License Exceptions
License Exception availability for
items specified under new ECCN
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1A231, and the related technology
specified under existing ECCNs 1E001
and 1E201, is consistent with Category
1 NP controlled end items and related
technology and provisions, as described
in § 742.3 of the EAR.
Licensing Policy
Applications for licenses to export
and reexport the target assemblies and
components covered under ECCN
1A231 and the related technology
controlled under ECCNs 1E001 and
1E201 will be reviewed using the factors
described in paragraph (b)—Licensing
policy—of § 742.3 of the EAR, which
include: The appropriateness of the
stated end-use, including specifically
for the stated end-user; the items’
significance for nuclear purposes;
whether the items are to be used in
certain specified types of research; the
types of assurances or guarantees given
against use for nuclear explosive
purposes or proliferation; whether any
party to the transaction has been
engaged in clandestine or illegal
procurement activities; whether an
application for a license to export or
reexport to the end-user has previously
been denied or whether the end-user
has previously diverted items to
unauthorized activities which were
received under a license, a license
exception, or shipped with no license
required; whether the transaction would
present an unacceptable risk of
diversion to a nuclear explosive activity
or unsafeguarded nuclear fuel-cycle
activity, as described in § 744.2(a) of the
EAR; and consideration of factors
related to the nonproliferation
credentials of the importing country.
Conforming Amendment
Finally, in this rule, BIS amends the
EAR to make a conforming change.
Specifically, BIS amends supplement
No. 5 to part 774—Items Classified
Under ECCNs 0A521, 0B521, 0C521,
0D521 and 0E521—to remove the
existing references to the targets under
‘‘0A521. Systems, Equipment and
Components.’’, and the related
technology under ‘‘0E521. Technology.’’
Export Administration Act
Although the Export Administration
Act of 1979 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 15,
2017, 82 FR 39005 (August 16, 2017),
has continued the Export
Administration Regulations in effect
under the International Emergency
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14581
Economic Powers Act. BIS continues to
carry out the provisions of the Export
Administration Act of 1979, 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 rule has been
determined to be 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. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall a person 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
OMB control number. This rule affects
two approved collections: (1) The
Simplified Network Application
Processing + System (control number
0694–0088), which carries a burden
hour estimate of 43.8 minutes manual or
electronic and includes, among other
things, license applications; and (2)
License Exceptions and Exclusions
(control number 0694–0137). BIS does
not believe that this rule will materially
increase the number of submissions
under these collections. Send comments
regarding this burden estimate or any
other aspect of these collections of
information, including suggestions for
reducing the burden, to Jasmeet K.
Seehra, Office of Management and
Budget, by email at jseehra@
omb.eop.gov or by fax to (202) 395–7285
and to Steven Clagett, BIS, at
Steven.Clagett@bis.doc.gov.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. 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
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Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
because this regulation 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, and
after consultation with the Department
of Energy, is implementing this rule
which identifies items to be controlled
for nuclear nonproliferation and antiterrorism reasons. This action fulfills
the United States’ commitment to
implement controls agreed to and
adopted by members (including the
United States) of the relevant
multilateral regime (the Nuclear
Suppliers Group). These items were
previously and temporarily classified
for regional stability reasons under the
ECCN 0Y521 series, indicating that the
above-referenced agencies determined
that the items should be controlled for
export because the items provide at least
a significant military or intelligence
advantage to the United States or for
foreign policy reasons. This rule is
necessary to effect the nuclear
nonproliferation and anti-terrorism
foreign policy goals of the United States,
and therefore to ensure the security
interests of the United States.
Implementation upon publication will
allow BIS to continue to prevent exports
of these items to users and for uses that
pose a threat to the United States or its
allies. If BIS delayed this rule to allow
for prior notice and opportunity for
public comment, the resulting delay in
implementation, instead of immediate
implementation simultaneous with
formal removal of the temporary 0Y521
ECCN from supplement No. 5 to part
774, increases the opportunity for the
export of these items to users and uses
that pose a proliferation threat, thereby
undermining the purpose of the initial
rule and this subsequent rule. This rule
serves, appropriately, as notice to the
public of the longer-term control of the
items mentioned.
Further, BIS finds good cause to
waive the 30-day delay in effectiveness
under 5 U.S.C. 553(d)(3). Immediate
implementation of these changes, based
upon a description agreed to by the U.S.
and its multilateral export control
regime allies, will allow BIS to continue
to prevent exports of these items to
users and for uses that pose threats to
the security interests to the United
States or its allies particularly in
relation to nuclear nonproliferation and
anti-terrorism. If BIS delayed this rule to
allow for a 30-day delay in
effectiveness, the resulting delay in
implementation would afford an
opportunity for the export of these items
to users and uses that pose such threats,
thereby undermining the purpose of the
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17:47 Apr 04, 2018
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rule. In addition, no comments were
submitted in response to the preceding
interim final rule of August 8, 2016 (81
FR 52326). Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule 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. 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
parts 730–774) 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 1, add Export Control
Classification Number (ECCN) 1A231
between ECCNs 1A227 and 1A290 to
read as follows:
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
1A231 Target assemblies and components
for the production of tritium as follows
(See List of Items Controlled):
License Requirements
Reason for Control: NP, AT
Control(s)
NP applies to entire
entry.
AT applies to entire
entry.
Country chart
(see supplement No.
1 to part 738)
NP Column 1
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Related Controls: See ECCNs 1E001
(‘‘production’’) and 1E201 (‘‘use’’) for
technology for items controlled by this
entry.
Related Definitions: N/A
Items:
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a. Target assemblies made of or containing
lithium enriched in the lithium-6 isotope
‘‘specially designed’’ for the ‘‘production’’ of
tritium through irradiation, including
insertion in a nuclear reactor;
b. Components ‘‘specially designed’’ for
the target assemblies specified in item a.
Technical Note to ECCN 1A231.b.:
Components ‘‘specially designed’’ for target
assemblies for the ‘‘production’’ of tritium
may include lithium pellets, tritium getters,
and specially-coated cladding.
3. In supplement No. 1 to part 774,
Category 1, Export Control Classification
Number (ECCN) 1E001 is revised to read
as follows:
■
1E001 ‘‘Technology’’ according to the
General Technology Note for the
‘‘development’’ or ‘‘production’’ of items
controlled by 1A002, 1A003, 1A004,
1A005, 1A006.b, 1A007, 1A008, 1A101,
1A231, 1B (except 1B608, 1B613 or
1B999), or 1C (except 1C355, 1C608,
1C980 to 1C984, 1C988, 1C990, 1C991,
1C995 to 1C999).
License Requirements
Reason for Control: NS, MT, NP, CB, RS, AT
Control(s)
NS applies to ‘‘technology’’ for items
controlled by
1A002, 1A003,
1A005, 1A006.b,
1A007, 1B001 to
1B003, 1B018,
1C001 to 1C011,
or 1C018.
NS applies to ‘‘technology’’ for items
controlled by
1A004.
MT applies to ‘‘technology’’ for items
controlled by
1A101, 1B001,
1B101, 1B102,
1B115 to 1B119,
1C001, 1C007,
1C011, 1C101,
1C102, 1C107,
1C111, 1C116,
1C117, or 1C118
for MT reasons.
NP applies to ‘‘technology’’ for items
controlled by
1A002, 1A007,
1A231, 1B001,
1B101, 1B201,
1B225, 1B226,
1B228 to 1B234,
1C002, 1C010,
1C111, 1C116,
1C202, 1C210,
1C216, 1C225 to
1C237, or 1C239
to 1C241 for NP
reasons.
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Country chart
(see supp. No. 1 to
part 738)
NS Column 1
NS Column 2
MT Column 1
NP Column 1
Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
Control(s)
CB applies to ‘‘technology’’ for items
controlled by
1C351, 1C353, or
1C354.
CB applies to ‘‘technology’’ for materials controlled by
1C350 and for
chemical detection
systems and dedicated detectors
therefor, in
1A004.c, that also
have the technical
characteristics described in 2B351.a.
RS applies to technology for equipment controlled in
1A004.d.
AT applies to entire
entry.
Country chart
(see supp. No. 1 to
part 738)
CB Column 1
CB Column 2
4. In supplement No. 1 to part 774,
Category 1, Export Control Classification
Number (ECCN) 1E201 is revised to read
as follows:
■
RS Column 2
1E201 ‘‘Technology’’ according to the
General Technology Note for the ‘‘use’’
of items controlled by 1A002, 1A007,
1A202, 1A225 to 1A227, 1A231, 1B201,
1B225, 1B226, 1B228 to 1B232, 1B233.b,
1B234, 1C002.b.3 and b.4, 1C010.a,
1C010.b, 1C010.e.1, 1C202, 1C210,
1C216, 1C225 to 1C237, 1C239 to 1C241
or 1D201.
AT Column 1
Reporting Requirements
See § 743.1 of the EAR for reporting
requirements for exports under License
Exceptions, and Validated End-User
authorizations.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
CIV: N/A
TSR: Yes, except for the following:
(1) Items controlled for MT reasons; or
(2) Exports and reexports to destinations
outside of those countries listed in Country
Group A:5 (See Supplement No. 1 to part 740
of the EAR) of ‘‘technology’’ for the
‘‘development’’ or production’’ of the
following:
(a) Items controlled by 1C001; or
(b) Items controlled by 1A002.a which are
composite structures or laminates having an
organic ‘‘matrix’’ and being made from
materials listed under 1C010.c or 1C010.d.
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Special Conditions for STA
STA: License Exception STA may not be
used to ship or transmit ‘‘technology’’
according to the General Technology Note
for the ‘‘development’’ or ‘‘production’’ of
equipment and materials specified by
ECCNs 1A002, 1C001, 1C007.c or d,
1C010.c or d or 1C012 to any of the
destinations listed in Country Group A:6
(See Supplement No.1 to part 740 of the
EAR).
List of Items Controlled
Related Controls (1) Also see ECCNs
1E101, 1E201, and 1E202. (2) See ECCN
1E608 for ‘‘technology’’ for items classified
under ECCN 1B608 or 1C608 that,
immediately prior to July 1, 2014, were
classified under ECCN 1B018.a or 1C018.b
through .m (note that ECCN 1E001 controls
‘‘development’’ and ‘‘production’’
‘‘technology’’ for chlorine trifluoride
controlled by ECCN 1C111.a.3.f—see ECCN
1E101 for controls on ‘‘use’’ ‘‘technology’’ for
chlorine trifluoride). (3) See ECCN 1E002.g
for control libraries (parametric technical
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databases) ‘‘specially designed’’ or modified
to enable equipment to perform the functions
of equipment controlled under ECCN
1A004.c (Nuclear, biological and chemical
(NBC) detection systems) or ECCN 1A004.d
(Equipment for detecting or identifying
explosives residues). (4) ‘‘Technology’’ for
lithium isotope separation (see related ECCN
1B233) and ‘‘technology’’ for items described
in ECCN 1C012 are subject to the export
licensing authority of the Department of
Energy (see 10 CFR part 810). (5)
‘‘Technology’’ for items described in ECCN
1A102 is ‘‘subject to the ITAR’’ (see 22 CFR
parts 120 through 130).
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
17:47 Apr 04, 2018
Jkt 244001
License Requirements
Reason for Control: NP, AT
Control(s)
NP applies to entire
entry, for items
controlled for NP
reasons.
AT applies to entire
entry.
Country chart
(see supp. No. 1 to
part 738)
NP Column 1
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
CIV: N/A
TSR: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
5. Amend supplement No. 5 to part
774 by removing and reserving entries
for item ‘‘No. 1’’ under the subheading
‘‘0A521. Systems, Equipment and
Components.’’, and for item ‘‘No. 1’’
under the subheading ‘‘0E521.
Technology.’’
Dated: March 30, 2018.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
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16 CFR Part 305
RIN 3084–AB15
Energy Labeling Rule; Correction
Federal Trade Commission
(‘‘FTC’’ or ‘‘Commission’’).
ACTION: Final rule; correcting
amendment.
AGENCY:
The Federal Trade
Commission (‘‘Commission’’) is issuing
a correction to the Energy Labeling Rule
to replace regulatory language
inadvertently removed.
DATES: Effective April 5, 2018.
FOR FURTHER INFORMATION CONTACT:
Hampton Newsome, Attorney, Division
of Enforcement, Bureau of Consumer
Protection, Federal Trade Commission,
Washington, DC 20580 (202–326–2889).
SUPPLEMENTARY INFORMATION: The
Commission is correcting 16 CFR part
305 to replace language in § 305.15(b)
inadvertently removed by amendments
published on November 2, 2015 (80 FR
67285, 67299; effective November 2,
2017).
SUMMARY:
List of Subjects in 16 CFR Part 305
Advertising, Energy conservation,
Household appliances, Labeling,
Reporting and recordkeeping
requirements.
For the reasons discussed above, part
305 of title 16 is corrected by making
the following correcting amendment:
PART 305—ENERGY AND WATER USE
LABELING FOR CONSUMER
PRODUCTS UNDER THE ENERGY
POLICY AND CONSERVATION ACT
(‘‘ENERGY LABELING RULE’’)
1. The authority citation for part 305
continues to read as follows:
■
Authority: 42 U.S.C. 6294.
2. In § 305.15, paragraph (b) is revised
to read as follows:
■
Labeling for lighting products.
*
■
BILLING CODE 3510–33–P
FEDERAL TRADE COMMISSION
§ 305.15
Supplement No. 5 to Part 774
[Amended]
14583
*
*
*
*
(b) General service lamps. Except as
provided in paragraph (f) of this section,
any covered product that is a general
service lamp shall be labeled as follows:
(1) Principal display panel content.
The principal display panel of the
product package shall be labeled clearly
and conspicuously with the following
information:
(i) The light output of each lamp
included in the package, expressed as
‘‘Brightness’’ in average initial lumens
rounded to the nearest five; and
(ii) The estimated annual energy cost
of each lamp included in the package,
E:\FR\FM\05APR1.SGM
05APR1
]]>Agencies
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)]
[Rules and Regulations]
[Pages 14580-14583]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-06985]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 160303184-8255-01]
RIN 0694-AG90
Reclassification of Targets for the Production of Tritium and
Related Development and Production Technology Initially Classified
Under the 0Y521 Series
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends
the Export Administration Regulations (EAR) to impose a license
requirement on exports and reexports of specified target assemblies and
components for the production of tritium under new Export Control
Classification Number (ECCN) 1A231, and for the related ``production''
technology for 1A231 commodities covered under ECCNs 1E001 and 1E201.
The items identified in this rule are controlled for nuclear
nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1
reasons. These new classifications are the result of a U.S. Government
proposal submitted and agreed to by members of the relevant
multilateral regime, the Nuclear Suppliers Group (NSG), in June 2017.
This final rule, as required under the 0Y521 procedure and in
fulfillment of multilateral commitments, implements the multilateral
control for the items adopted by the NSG.
DATES: This rule is effective April 5, 2018.
FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and
Missile Technology Controls Division, Office of Nonproliferation and
Treaty Compliance, by phone at (202) 482-1641, or by email at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In 2012, BIS established the temporary classification ECCN 0Y521
series (encompassing ECCNs 0A521, 0B521, 0C521, 0D521, and 0E521) to
identify items that warrant control on the Commerce Control List (CCL)
because the items provide at least a significant military or
intelligence advantage to the United States or for foreign policy
reasons, but are not yet identified in an existing ECCN (77 FR 22191;
April 13, 2012).
The license requirements and policies for the ECCN 0Y521 series
appear in Sec. 742.6(a)(7) of the EAR, and items classified under the
series appear in supplement No. 5 to part 774. Consistent with the
procedure established in the April 13, 2012, rule, the Department of
Commerce, with the concurrence of the Departments of Defense and State
and in consultation with the Department of Energy, determined that
targets made of or containing lithium ``specially designed'' for the
production of tritium by insertion in the core of a nuclear reactor
(``targets'') and the related ``development'' and ``production''
technology met the criteria for inclusion in the series. Controls on
the targets and related technologies under 0Y521 series ECCNs 0A521 and
0E521, respectively, were published in an interim final rule, with
request for comments, on August 8, 2016 (81 FR 52326). The items were
controlled for regional stability (RS) Column 1 reasons to all
destinations except Canada, and a case-by-case review policy applied to
license applications. The only license exception available for these
items was License Exception GOV (Governments, international
organizations, international inspections under the Chemical Weapons
Convention, and the International Space Station (GOV)), which applies
to all ECCN 0Y521 items if within the scope of Sec.
[thinsp]740.11(b)(2)(ii) (Exports, reexports, and transfers (in-
country) made by or consigned to a department or agency of the U.S.
Government), as provided in Sec. [thinsp]740.2(a)(14). See also
supplement No. 5 to part 774. BIS did not receive any comments in
response to the August 8, 2016 rule.
Subsequent to the 0Y521 classification, and, as required by Sec.
[thinsp]742.6(a)(7)(iii), within one calendar year of the August 8,
2016 rule providing for the temporary 0Y521
[[Page 14581]]
series classification, the U.S Government submitted a proposal to the
NSG seeking a longer-term, multilateral classification for the targets
and related technologies. The NSG adopted the United States' proposal.
Therefore, as required under the 0Y521 ECCN series procedure and to
fulfill the multilateral commitment made at the NSG, this final rule
formally implements the adoption of a nuclear nonproliferation (NP)
control for the items mentioned. This rule also implements an anti-
terrorism (AT) control on the items.
Targets for the Production of Tritium and Related ``Development'' and
``Production'' Technology Initially Classified Under the 0Y521 Series
Reclassified to a Nuclear Nonproliferation Multilateral Control Under
the EAR
License Requirements
In this rule, BIS amends the EAR to add a new ECCN, 1A231, for
specified target assemblies and components for the production of
tritium, and to impose a license requirement on exports and reexports
of items classified thereunder. ECCN 1A231 will be inserted between
ECCNs 1A227 and 1A290 on the CCL. Specifically, this rule imposes a
license requirement on exports and reexports of such items if they are
either (a.) target assemblies made of or containing lithium enriched in
the lithium-6 isotope ``specially designed'' for the production of
tritium through irradiation, including insertion in a nuclear reactor;
or (b.) components ``specially designed'' for the target assemblies
specified in Item paragraph a. of new ECCN 1A231. A Technical Note to
paragraph b. provides that components ``specially designed'' for target
assemblies for the production of tritium may include lithium pellets,
tritium getters, and specially-coated cladding.
In addition, pursuant to this rule, the related ``production''
technology for the items controlled under the new ECCN 1A231 entry is
classified under existing ECCNs 1E001 and 1E201. Consequently, a
reference to ECCN 1A231 has been added to the headings of ECCN 1E001
and ECCN 1E201 and to the License Requirements section of ECCN 1E001.
The items classified under new ECCN 1A231 and under existing ECCNs
1E001 and 1E201 in this rule are controlled for nuclear
nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1
reasons.
License Exceptions
License Exception availability for items specified under new ECCN
1A231, and the related technology specified under existing ECCNs 1E001
and 1E201, is consistent with Category 1 NP controlled end items and
related technology and provisions, as described in Sec. 742.3 of the
EAR.
Licensing Policy
Applications for licenses to export and reexport the target
assemblies and components covered under ECCN 1A231 and the related
technology controlled under ECCNs 1E001 and 1E201 will be reviewed
using the factors described in paragraph (b)--Licensing policy--of
Sec. 742.3 of the EAR, which include: The appropriateness of the
stated end-use, including specifically for the stated end-user; the
items' significance for nuclear purposes; whether the items are to be
used in certain specified types of research; the types of assurances or
guarantees given against use for nuclear explosive purposes or
proliferation; whether any party to the transaction has been engaged in
clandestine or illegal procurement activities; whether an application
for a license to export or reexport to the end-user has previously been
denied or whether the end-user has previously diverted items to
unauthorized activities which were received under a license, a license
exception, or shipped with no license required; whether the transaction
would present an unacceptable risk of diversion to a nuclear explosive
activity or unsafeguarded nuclear fuel-cycle activity, as described in
Sec. 744.2(a) of the EAR; and consideration of factors related to the
nonproliferation credentials of the importing country.
Conforming Amendment
Finally, in this rule, BIS amends the EAR to make a conforming
change. Specifically, BIS amends supplement No. 5 to part 774--Items
Classified Under ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521--to remove
the existing references to the targets under ``0A521. Systems,
Equipment and Components.'', and the related technology under ``0E521.
Technology.''
Export Administration Act
Although the Export Administration Act of 1979 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 15, 2017, 82 FR 39005 (August 16, 2017), 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 of 1979, 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 rule has been determined to be 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. Notwithstanding any other provision of law, no person is
required to respond to, nor shall a person 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 OMB control number. This rule affects two approved collections:
(1) The Simplified Network Application Processing + System (control
number 0694-0088), which carries a burden hour estimate of 43.8 minutes
manual or electronic and includes, among other things, license
applications; and (2) License Exceptions and Exclusions (control number
0694-0137). BIS does not believe that this rule will materially
increase the number of submissions under these collections. Send
comments regarding this burden estimate or any other aspect of these
collections of information, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget, by email
at [email protected] or by fax to (202) 395-7285 and to Steven
Clagett, BIS, at [email protected].
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. 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
[[Page 14582]]
because this regulation 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, and after
consultation with the Department of Energy, is implementing this rule
which identifies items to be controlled for nuclear nonproliferation
and anti-terrorism reasons. This action fulfills the United States'
commitment to implement controls agreed to and adopted by members
(including the United States) of the relevant multilateral regime (the
Nuclear Suppliers Group). These items were previously and temporarily
classified for regional stability reasons under the ECCN 0Y521 series,
indicating that the above-referenced agencies determined that the items
should be controlled for export because the items provide at least a
significant military or intelligence advantage to the United States or
for foreign policy reasons. This rule is necessary to effect the
nuclear nonproliferation and anti-terrorism foreign policy goals of the
United States, and therefore to ensure the security interests of the
United States. Implementation upon publication will allow BIS to
continue to prevent exports of these items to users and for uses that
pose a threat to the United States or its allies. If BIS delayed this
rule to allow for prior notice and opportunity for public comment, the
resulting delay in implementation, instead of immediate implementation
simultaneous with formal removal of the temporary 0Y521 ECCN from
supplement No. 5 to part 774, increases the opportunity for the export
of these items to users and uses that pose a proliferation threat,
thereby undermining the purpose of the initial rule and this subsequent
rule. This rule serves, appropriately, as notice to the public of the
longer-term control of the items mentioned.
Further, BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation of
these changes, based upon a description agreed to by the U.S. and its
multilateral export control regime allies, will allow BIS to continue
to prevent exports of these items to users and for uses that pose
threats to the security interests to the United States or its allies
particularly in relation to nuclear nonproliferation and anti-
terrorism. If BIS delayed this rule to allow for a 30-day delay in
effectiveness, the resulting delay in implementation would afford an
opportunity for the export of these items to users and uses that pose
such threats, thereby undermining the purpose of the rule. In addition,
no comments were submitted in response to the preceding interim final
rule of August 8, 2016 (81 FR 52326). Because a notice of proposed
rulemaking and an opportunity for public comment are not required to be
given for this rule 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. 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 parts 730-774) 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 1, add Export Control
Classification Number (ECCN) 1A231 between ECCNs 1A227 and 1A290 to
read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1A231 Target assemblies and components for the production of tritium
as follows (See List of Items Controlled):
License Requirements
Reason for Control: NP, AT
Country chart (see
Control(s) supplement No. 1 to part
738)
NP applies to entire entry................ 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: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Related Controls: See ECCNs 1E001 (``production'') and 1E201
(``use'') for technology for items controlled by this entry.
Related Definitions: N/A
Items:
a. Target assemblies made of or containing lithium enriched in
the lithium-6 isotope ``specially designed'' for the ``production''
of tritium through irradiation, including insertion in a nuclear
reactor;
b. Components ``specially designed'' for the target assemblies
specified in item a.
Technical Note to ECCN 1A231.b.: Components ``specially
designed'' for target assemblies for the ``production'' of tritium
may include lithium pellets, tritium getters, and specially-coated
cladding.
0
3. In supplement No. 1 to part 774, Category 1, Export Control
Classification Number (ECCN) 1E001 is revised to read as follows:
1E001 ``Technology'' according to the General Technology Note for
the ``development'' or ``production'' of items controlled by 1A002,
1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008, 1A101, 1A231, 1B (except
1B608, 1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984,
1C988, 1C990, 1C991, 1C995 to 1C999).
License Requirements
Reason for Control: NS, MT, NP, CB, RS, AT
Country chart (see supp. No.
Control(s) 1 to part 738)
NS applies to ``technology'' for items NS Column 1
controlled by 1A002, 1A003, 1A005,
1A006.b, 1A007, 1B001 to 1B003, 1B018,
1C001 to 1C011, or 1C018.
NS applies to ``technology'' for items NS Column 2
controlled by 1A004.
MT applies to ``technology'' for items MT Column 1
controlled by 1A101, 1B001, 1B101, 1B102,
1B115 to 1B119, 1C001, 1C007, 1C011,
1C101, 1C102, 1C107, 1C111, 1C116, 1C117,
or 1C118 for MT reasons.
NP applies to ``technology'' for items NP Column 1
controlled by 1A002, 1A007, 1A231, 1B001,
1B101, 1B201, 1B225, 1B226, 1B228 to
1B234, 1C002, 1C010, 1C111, 1C116, 1C202,
1C210, 1C216, 1C225 to 1C237, or 1C239 to
1C241 for NP reasons.
[[Page 14583]]
CB applies to ``technology'' for items CB Column 1
controlled by 1C351, 1C353, or 1C354.
CB applies to ``technology'' for materials CB Column 2
controlled by 1C350 and for chemical
detection systems and dedicated detectors
therefor, in 1A004.c, that also have the
technical characteristics described in
2B351.a.
RS applies to technology for equipment RS Column 2
controlled in 1A004.d.
AT applies to entire entry................ AT Column 1
Reporting Requirements
See Sec. 743.1 of the EAR for reporting requirements for
exports under License Exceptions, and Validated End-User
authorizations.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
CIV: N/A
TSR: Yes, except for the following:
(1) Items controlled for MT reasons; or
(2) Exports and reexports to destinations outside of those
countries listed in Country Group A:5 (See Supplement No. 1 to part
740 of the EAR) of ``technology'' for the ``development'' or
production'' of the following:
(a) Items controlled by 1C001; or
(b) Items controlled by 1A002.a which are composite structures
or laminates having an organic ``matrix'' and being made from
materials listed under 1C010.c or 1C010.d.
Special Conditions for STA
STA: License Exception STA may not be used to ship or transmit
``technology'' according to the General Technology Note for the
``development'' or ``production'' of equipment and materials
specified by ECCNs 1A002, 1C001, 1C007.c or d, 1C010.c or d or 1C012
to any of the destinations listed in Country Group A:6 (See
Supplement No.1 to part 740 of the EAR).
List of Items Controlled
Related Controls (1) Also see ECCNs 1E101, 1E201, and 1E202. (2)
See ECCN 1E608 for ``technology'' for items classified under ECCN
1B608 or 1C608 that, immediately prior to July 1, 2014, were
classified under ECCN 1B018.a or 1C018.b through .m (note that ECCN
1E001 controls ``development'' and ``production'' ``technology'' for
chlorine trifluoride controlled by ECCN 1C111.a.3.f--see ECCN 1E101
for controls on ``use'' ``technology'' for chlorine trifluoride).
(3) See ECCN 1E002.g for control libraries (parametric technical
databases) ``specially designed'' or modified to enable equipment to
perform the functions of equipment controlled under ECCN 1A004.c
(Nuclear, biological and chemical (NBC) detection systems) or ECCN
1A004.d (Equipment for detecting or identifying explosives
residues). (4) ``Technology'' for lithium isotope separation (see
related ECCN 1B233) and ``technology'' for items described in ECCN
1C012 are subject to the export licensing authority of the
Department of Energy (see 10 CFR part 810). (5) ``Technology'' for
items described in ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR
parts 120 through 130).
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
0
4. In supplement No. 1 to part 774, Category 1, Export Control
Classification Number (ECCN) 1E201 is revised to read as follows:
1E201 ``Technology'' according to the General Technology Note for
the ``use'' of items controlled by 1A002, 1A007, 1A202, 1A225 to
1A227, 1A231, 1B201, 1B225, 1B226, 1B228 to 1B232, 1B233.b, 1B234,
1C002.b.3 and b.4, 1C010.a, 1C010.b, 1C010.e.1, 1C202, 1C210, 1C216,
1C225 to 1C237, 1C239 to 1C241 or 1D201.
License Requirements
Reason for Control: NP, AT
Country chart (see supp.
Control(s) No. 1 to part 738)
NP applies to entire entry, for items NP Column 1
controlled for NP reasons.
AT applies to entire entry................ AT Column 1
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
CIV: N/A
TSR: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
Supplement No. 5 to Part 774 [Amended]
0
5. Amend supplement No. 5 to part 774 by removing and reserving entries
for item ``No. 1'' under the subheading ``0A521. Systems, Equipment and
Components.'', and for item ``No. 1'' under the subheading ``0E521.
Technology.''
Dated: March 30, 2018.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2018-06985 Filed 4-4-18; 8:45 am]
BILLING CODE 3510-33-P
