Controls on Exports and Reexports of Water Cannon Systems, 63009-63011 [2020-21816]
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
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.
DEPARTMENT OF COMMERCE
List of Subjects in 15 CFR Part 742
[Docket No. 200921–0252]
15 CFR Parts 742 and 774
RIN 0694–AI04
Exports, Terrorism.
Accordingly, part 742 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
Controls on Exports and Reexports of
Water Cannon Systems
PART 742—[AMENDED]
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
1. The authority citation for part 742
continues to read as follows:
SUMMARY:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L.
108–11, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of
November 12, 2019, 84 FR 61817 (November
13, 2019).
2. Amend § 742.7 by revising
paragraph (b) to read as follows:
■
§ 742.7
Crime control and detection.
*
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Bureau of Industry and Security
*
*
*
*
(b) Licensing policy. (1) Applications
for items controlled under this section
will generally be considered favorably
on a case-by-case basis, unless there is
civil disorder in the country or region or
unless there is a risk that the items will
be used to violate or abuse human
rights. The judicious use of export
controls is intended to deter human
rights violations and abuses, distance
the United States from such violations
and abuses, and avoid contributing to
civil disorder in a country or region.
(2) BIS will review license
applications in accordance with the
licensing policy in paragraph (b)(1) of
this section for items that are not
controlled under this section but that
require a license pursuant to another
section for any reason other than short
supply and could be used by the
recipient Government or other end user
specifically to violate or abuse human
rights.
*
*
*
*
*
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2020–21815 Filed 10–5–20; 8:45 am]
BILLING CODE 3510–33–P
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Jkt 253001
AGENCY:
In this rule, the Bureau of
Industry and Security (BIS) amends the
Export Administration Regulations to
impose a license requirement on exports
and reexports of water cannon systems
for riot or crowd control and parts and
components specially designed therefor.
This action furthers U.S. foreign policy
interests for crime control (CC) reasons
and is intended to address the spread of
violations of human rights globally by
enabling the government to review
covered exports and reexports
worldwide, except to NATO member
countries and certain other military
allies. This change will also enable the
Government to more effectively control
exports of water cannons to the Hong
Kong Police Force, consistent with a
2019 Congressional mandate to prohibit
the licensing of such transactions. This
rule also makes conforming
amendments.
DATES:
This rule is effective October 6,
2020.
FOR FURTHER INFORMATION CONTACT:
Steven Schrader, Foreign Policy
Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry
and Security, U.S. Department of
Commerce, by email at Foreign.Policy@
bis.doc.gov, or by phone at 202–482–
4252.
SUPPLEMENTARY INFORMATION:
Background
This rule furthers U.S. foreign policy
interests for crime control (CC) reasons
and is intended to promote the U.S.
foreign policy of protecting human
rights by imposing a license
requirement under the Export
Administration Regulations (EAR) for
water cannon systems and related items.
Specifically, in this rule, BIS
establishes export and reexport controls
on water cannon systems for riot or
crowd control and parts and
components specially designed therefor
by creating new Export Control
Classification Numbers (ECCN) 0A977,
0D977 and 0E977 within the Commerce
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Fmt 4700
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63009
Control List (CCL) of the EAR,
Supplement No. 1 to Part 774. A license
is now required under the EAR for the
export and reexport of water cannon
systems and related software and
technology to countries that have been
designated with an X in CC (crime
control) Column 1 of the Commerce
Country Chart, Supplement No. 1 to Part
738 of the EAR. This includes most
countries worldwide, other than NATO
member countries and certain other
military allies.
Consistent with the current licensing
policy described in § 742.7 of the EAR—
Crime control and detection—
applications to export or reexport items
subject to control pursuant to this rule
will generally be considered favorably
on a case-by-case basis, unless there is
civil disorder in the country or region or
unless there is evidence that the
government of the importing country
may have violated internationally
recognized human rights. These ECCN
entries include illustrative, but not
comprehensive, lists of features and
items for additional clarity of what is
controlled.
As a conforming change, BIS amends
§ 742.7 of the EAR by adding ECCNs
0A977, 0D977 and 0E977 to paragraph
(a) (License requirements), which
identifies the license requirements for
items controlled for Crime Control
reasons on the CCL.
On November 27, 2019, the Congress
passed Public Law 116–77 to prohibit
the commercial export of covered
munitions items to the Hong Kong
Police Force (the ‘‘Act’’). The Act
explicitly directs the President to
prohibit, starting 30 days after
enactment, the issuance of licenses for
the export of water cannons, among
other items, to the Hong Kong Police
Force, unless the President makes
certain certifications to Congress
beforehand. Prior to this rule, all of the
items covered by the licensing
prohibition cited in the Act were
generally controlled for export to Hong
Kong, except for water cannons. With
this rule, water cannons and related
items will now require a license for
export or reexport to Hong Kong, and
license applications will be reviewed
consistent with all applicable laws.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (codified, as amended, at 50
U.S.C. 4801–4852). ECRA provides the
legal basis for BIS’s principal authorities
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63010
Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
khammond on DSKJM1Z7X2PROD with RULES
and serves as the authority under which
BIS issues this rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has not been
designated to be a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866.
2. This final rule is not subject to the
requirements of E.O. 13771 (82 FR 9339,
February 3, 2017) because it is issued
with respect to a military and foreign
affairs function of the United States. In
particular, protection of human rights is
a foreign affairs function addressed by
this rule. Accordingly, this rule meets
the requirements set forth in the April
5, 2017, OMB guidance implementing
E.O. 13771. See https://
www.whitehouse.gov/sites/
whitehouse.gov/files/omb/memoranda/
2017/M-17-21-OMB.pdf.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018 (50
U.S.C. 4821), this action is exempt from
the Administrative Procedure Act (5
U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
5. 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.
6. Notwithstanding any other
provision of law, no person may be
required to respond to or be subject to
a penalty for failure to comply with a
collection of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
involves a collection currently approved
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16:34 Oct 05, 2020
Jkt 253001
by OMB under control number 0694–
0088, Simplified Network Application
Processing System. This collection
includes, among other things, license
applications, and carries a burden
estimate of 42.5 minutes for a manual or
electronic submission for a total burden
estimate of 31,878 hours. BIS expects
the burden hours associated with this
collection to minimally increase and
have limited impact on the existing
estimates. Any comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, may be submitted
through www.reginfo.gov/public/do/
PRAMain.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 742 and 774 of the
Export Administration Regulations (15
CFR parts 730 through 774) are
amended as follows:
‘‘development’’ or for ‘‘production’’ of
buckshot shotgun shells controlled
under ECCN 0A505.b), 0E977, 1A984,
1A985, 3A980, 3A981, 3D980, 3E980,
4A003 (for fingerprint computers only),
4A980, 4D001 (for fingerprint
computers only), 4D980, 4E001 (for
fingerprint computers only), 4E980,
6A002 (for police-model infrared
viewers only), 6E001 (for police-model
infrared viewers only), 6E002 (for
police-model infrared viewers only),
and 9A980.
*
*
*
*
*
PART 774—[AMENDED]
3. The authority citation for part 774
continues to read as follows:
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730(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. 1824; 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.
PART 742—[AMENDED]
4. In Supplement No. 1 to Part 774,
Category 0 is amended by adding ECCN
0A977 between existing ECCNs 0A919
and 0A978 to read as follows:
1. The authority citation for part 746
continues to read as follows:
Supplement No. 1 to Part 774—The
Commerce Control List
■
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L.
108–11, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of
November 12, 2019, 84 FR 61817 (November
13, 2019).
■
*
*
*
*
*
0A977 Water cannon systems for riot or
crowd control, and ‘‘parts’’ and
‘‘components’’ ‘‘specially designed’’
therefor.
License Requirements
Reason for Control: CC 1
Control(s)
CC applies to entire
entry.
Country chart (see
Supp. No. 1 to part
738)
CC Column 1.
2. Section 742.7 is amended by
revising paragraph (a)(1) to read as
follows:
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
§ 742.7
Special Conditions for STA
STA: License Exception STA may not be
used for 0A977.
■
Crime control and detection.
(a) * * *
(1) Crime control and detection
instruments and equipment and related
‘‘technology’’ and ‘‘software’’ identified
in the appropriate ECCNs on the CCL
under CC Column 1 in the Country
Chart column of the ‘‘License
Requirements’’ section. A license is
required to countries listed in CC
Column 1 (Supplement No. 1 to part 738
of the EAR). Items affected by this
requirement are identified on the CCL
under the following ECCNs: 0A502,
0A504, 0A505.b, 0A977, 0A978, 0A979,
0D977, 0E502, 0E505 (‘‘technology’’ for
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List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
Note: 0A977 water cannon systems
include, for example: vehicles or fixed
stations equipped with remotely operated
water cannon that are designed to protect the
operator from an outside riot with features
such as armor, shatter resistant windows,
metal screens, bull-bars, or run-flat tires.
Components ‘‘specially designed’’ for water
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Federal Register / Vol. 85, No. 194 / Tuesday, October 6, 2020 / Rules and Regulations
cannons may include, for example: deck gun
water nozzles, pumps, reservoirs, cameras,
and lights that are hardened or shielded
against projectiles, elevating masts for those
items, and teleoperation systems for those
items.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
*
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
*
*
*
*
■ 5. In Supplement No. 1 to part 774,
Category 0 is amended by adding ECCN
0D977 between existing ECCNs 0D617
and 0D999 to read as follows:
BILLING CODE 3510–33–P
Supplement No. 1 to Part 774—The
Commerce Control List
DEPARTMENT OF COMMERCE
*
Bureau of Industry and Security
*
*
*
*
0D977 ‘‘Software’’ ‘‘specially designed’’ for
the ‘‘development,’’ ‘‘production’’ or
‘‘use’’ of commodities controlled by
0A977.
License Requirements
Reason for Control: CC1
CC applies to entire
entry.
CC Column 1.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be
used for 0D977.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is
contained in the ECCN heading.
*
*
*
*
*
6. In Supplement No. 1 to part 774,
Category 0 is amended by adding ECCN
0E977 between existing ECCNs 0E617
and 0E982 to read as follows:
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
0E977 ‘‘Technology’’ ‘‘required’’ for the
‘‘development’’ or ‘‘production’’ of
commodities controlled by 0A977.
License Requirements
Reason for Control: CC1
Control(s)
CC applies to entire
entry.
Country chart (see
Supp. No. 1 to part
738)
CC Column 1.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be
used for 0E977.
VerDate Sep<11>2014
15 CFR Part 756
[Docket No. 200929–0260]
RIN 0694–AI29
Country chart (see
Supp. No. 1 to part
738)
Control(s)
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[FR Doc. 2020–21816 Filed 10–5–20; 8:45 am]
16:34 Oct 05, 2020
Jkt 253001
Information Sharing for Purposes of
Judicial Review
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) has the authority under
the Export Control Reform Act of 2018
(ECRA) to enforce the Export
Administration Regulations (EAR). This
rule sets forth the procedure for
classified national security information
to be submitted ex parte and in camera
to a court reviewing any agency action
under the EAR. BIS is taking this action
to safeguard national security
information by ensuring that access to
such information is controlled.
DATES: This rule is effective October 6,
2020.
FOR FURTHER INFORMATION CONTACT:
Anthony Saler, Email: asaler@doc.gov,
Office of Chief Counsel for Industry and
Security; Phone: 202–482–5301.
SUPPLEMENTARY INFORMATION: BIS is
adding to part 756 of the EAR new
§ 756.3, which is entitled ‘‘Judicial
Review of Agency Action.’’ Section
4.1(e) of Executive Order (E.O.) 13526
provides that ‘‘Persons authorized to
disseminate classified information
outside the executive branch shall
ensure the protection of the information
in a manner equivalent to that provided
within the executive branch.’’ This
section specifies the procedure for
providing a reviewing court access to
classified information for any agency
action under the EAR. By providing
such information ex parte and in
camera to a reviewing court, BIS can
limit access to the information and
prevent public disclosure of the
information during the course of
litigation.
SUMMARY:
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63011
Executive Order 13526 (75 FR 707)
On December 29, 2009, the President
issued E.O. 13526, prescribing a
uniform system for classifying,
safeguarding, and declassifying national
security information. E.O. 13526
provides the legal basis and authority
under which BIS issues this rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has not been
designated a ‘‘significant regulatory
action,’’ and not economically
significant, under section 3(f) of
Executive Order 12866. This final rule
will protect national security
information by preventing unauthorized
persons from accessing such
information in the course of judicial
review of any agency action.
2. Notwithstanding any other
provision of law, no person may be
required to respond to or be subject to
a penalty for failure to comply with a
collection of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This regulation
does not involve any OMB collection of
information.
3. This rule does not contain policies
with federalism implications as that
term is defined under Executive Order
13132.
4. This final rule is not subject to the
requirements of Executive Order 13771
(82 FR 9339, February 3, 2017) because
the subsection (b) requirement that
agencies publish a notice of proposed
rulemaking that includes information on
the public proceedings does not apply
when an agency for good cause finds
that the notice and public procedures
are impracticable, unnecessary, or
contrary to the public interest, and the
agency incorporates the finding (and
reasons therefor) in the rule that is
issued (5 U.S.C. 553(b)(3)(B)). In
addition, the section 553(d)(3)
requirement that publication of a rule
shall be made not less than 30 days
before its effective date can be waived
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]]>Agencies
[Federal Register Volume 85, Number 194 (Tuesday, October 6, 2020)]
[Rules and Regulations]
[Pages 63009-63011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21816]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 774
[Docket No. 200921-0252]
RIN 0694-AI04
Controls on Exports and Reexports of Water Cannon Systems
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 to impose a license requirement
on exports and reexports of water cannon systems for riot or crowd
control and parts and components specially designed therefor. This
action furthers U.S. foreign policy interests for crime control (CC)
reasons and is intended to address the spread of violations of human
rights globally by enabling the government to review covered exports
and reexports worldwide, except to NATO member countries and certain
other military allies. This change will also enable the Government to
more effectively control exports of water cannons to the Hong Kong
Police Force, consistent with a 2019 Congressional mandate to prohibit
the licensing of such transactions. This rule also makes conforming
amendments.
DATES: This rule is effective October 6, 2020.
FOR FURTHER INFORMATION CONTACT: Steven Schrader, Foreign Policy
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, U.S. Department of Commerce, by email at
[email protected], or by phone at 202-482-4252.
SUPPLEMENTARY INFORMATION:
Background
This rule furthers U.S. foreign policy interests for crime control
(CC) reasons and is intended to promote the U.S. foreign policy of
protecting human rights by imposing a license requirement under the
Export Administration Regulations (EAR) for water cannon systems and
related items.
Specifically, in this rule, BIS establishes export and reexport
controls on water cannon systems for riot or crowd control and parts
and components specially designed therefor by creating new Export
Control Classification Numbers (ECCN) 0A977, 0D977 and 0E977 within the
Commerce Control List (CCL) of the EAR, Supplement No. 1 to Part 774. A
license is now required under the EAR for the export and reexport of
water cannon systems and related software and technology to countries
that have been designated with an X in CC (crime control) Column 1 of
the Commerce Country Chart, Supplement No. 1 to Part 738 of the EAR.
This includes most countries worldwide, other than NATO member
countries and certain other military allies.
Consistent with the current licensing policy described in Sec.
742.7 of the EAR--Crime control and detection--applications to export
or reexport items subject to control pursuant to this rule will
generally be considered favorably on a case-by-case basis, unless there
is civil disorder in the country or region or unless there is evidence
that the government of the importing country may have violated
internationally recognized human rights. These ECCN entries include
illustrative, but not comprehensive, lists of features and items for
additional clarity of what is controlled.
As a conforming change, BIS amends Sec. 742.7 of the EAR by adding
ECCNs 0A977, 0D977 and 0E977 to paragraph (a) (License requirements),
which identifies the license requirements for items controlled for
Crime Control reasons on the CCL.
On November 27, 2019, the Congress passed Public Law 116-77 to
prohibit the commercial export of covered munitions items to the Hong
Kong Police Force (the ``Act''). The Act explicitly directs the
President to prohibit, starting 30 days after enactment, the issuance
of licenses for the export of water cannons, among other items, to the
Hong Kong Police Force, unless the President makes certain
certifications to Congress beforehand. Prior to this rule, all of the
items covered by the licensing prohibition cited in the Act were
generally controlled for export to Hong Kong, except for water cannons.
With this rule, water cannons and related items will now require a
license for export or reexport to Hong Kong, and license applications
will be reviewed consistent with all applicable laws.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for
BIS's principal authorities
[[Page 63010]]
and serves as the authority under which BIS issues this rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has not been designated to be a
``significant regulatory action'' under section 3(f) of Executive Order
12866.
2. This final rule is not subject to the requirements of E.O. 13771
(82 FR 9339, February 3, 2017) because it is issued with respect to a
military and foreign affairs function of the United States. In
particular, protection of human rights is a foreign affairs function
addressed by this rule. Accordingly, this rule meets the requirements
set forth in the April 5, 2017, OMB guidance implementing E.O. 13771.
See https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2017/M-17-21-OMB.pdf.
3. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
4. Pursuant to section 1762 of the Export Control Reform Act of
2018 (50 U.S.C. 4821), this action is exempt from the Administrative
Procedure Act (5 U.S.C. 553) requirements for notice of proposed
rulemaking, opportunity for public participation, and delay in
effective date.
5. 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.
6. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS expects the burden
hours associated with this collection to minimally increase and have
limited impact on the existing estimates. Any comments regarding the
collection of information associated with this rule, including
suggestions for reducing the burden, may be submitted through
www.reginfo.gov/public/do/PRAMain.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 742 and 774 of the Export Administration
Regulations (15 CFR parts 730 through 774) are amended as follows:
PART 742--[AMENDED]
0
1. The authority citation for part 746 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November
13, 2019).
0
2. Section 742.7 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 742.7 Crime control and detection.
(a) * * *
(1) Crime control and detection instruments and equipment and
related ``technology'' and ``software'' identified in the appropriate
ECCNs on the CCL under CC Column 1 in the Country Chart column of the
``License Requirements'' section. A license is required to countries
listed in CC Column 1 (Supplement No. 1 to part 738 of the EAR). Items
affected by this requirement are identified on the CCL under the
following ECCNs: 0A502, 0A504, 0A505.b, 0A977, 0A978, 0A979, 0D977,
0E502, 0E505 (``technology'' for ``development'' or for ``production''
of buckshot shotgun shells controlled under ECCN 0A505.b), 0E977,
1A984, 1A985, 3A980, 3A981, 3D980, 3E980, 4A003 (for fingerprint
computers only), 4A980, 4D001 (for fingerprint computers only), 4D980,
4E001 (for fingerprint computers only), 4E980, 6A002 (for police-model
infrared viewers only), 6E001 (for police-model infrared viewers only),
6E002 (for police-model infrared viewers only), and 9A980.
* * * * *
PART 774--[AMENDED]
0
3. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(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. 1824; 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.
0
4. In Supplement No. 1 to Part 774, Category 0 is amended by adding
ECCN 0A977 between existing ECCNs 0A919 and 0A978 to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
0A977 Water cannon systems for riot or crowd control, and ``parts''
and ``components'' ``specially designed'' therefor.
License Requirements
Reason for Control: CC 1
Country chart (see Supp. No.
Control(s) 1 to part 738)
CC applies to entire entry................ CC Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be used for 0A977.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
Note: 0A977 water cannon systems include, for example: vehicles
or fixed stations equipped with remotely operated water cannon that
are designed to protect the operator from an outside riot with
features such as armor, shatter resistant windows, metal screens,
bull-bars, or run-flat tires. Components ``specially designed'' for
water
[[Page 63011]]
cannons may include, for example: deck gun water nozzles, pumps,
reservoirs, cameras, and lights that are hardened or shielded
against projectiles, elevating masts for those items, and
teleoperation systems for those items.
* * * * *
0
5. In Supplement No. 1 to part 774, Category 0 is amended by adding
ECCN 0D977 between existing ECCNs 0D617 and 0D999 to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
0D977 ``Software'' ``specially designed'' for the ``development,''
``production'' or ``use'' of commodities controlled by 0A977.
License Requirements
Reason for Control: CC1
Country chart (see Supp. No.
Control(s) 1 to part 738)
CC applies to entire entry................ CC Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be used for 0D977.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
* * * * *
0
6. In Supplement No. 1 to part 774, Category 0 is amended by adding
ECCN 0E977 between existing ECCNs 0E617 and 0E982 to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
0E977 ``Technology'' ``required'' for the ``development'' or
``production'' of commodities controlled by 0A977.
License Requirements
Reason for Control: CC1
Country chart (see Supp. No.
Control(s) 1 to part 738)
CC applies to entire entry................ CC Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: License Exception STA may not be used for 0E977.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-21816 Filed 10-5-20; 8:45 am]
BILLING CODE 3510-33-P
