Commerce Control List: Updates Based on the Latest Nuclear Suppliers Group (NSG) Plenary Meetings, 56462-56465 [2023-16750]
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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules and Regulations
(h) Exceptions To Transport Canada AD CF–
2022–08
(1) Where Transport Canada AD CF–2022–
08 refers to its effective date, this AD requires
using the effective date of this AD.
(2) Where paragraph B. of Part 1 of
Transport Canada AD CF–2022–08 specifies
a compliance time for accomplishing the
inspection, for this AD, the inspection must
be done at the time specified in paragraph
(h)(2)(i) or (ii) of this AD, whichever occurs
later.
(i) The compliance time specified in
paragraph B. of Part 1 of Transport Canada
AD CF–2022–08.
(ii) Within 60 flight hours or 7 days after
the effective date of this AD, whichever
occurs first.
(3) Where paragraph B. of part II of
Transport Canada AD CF–2022–08 specifies
a compliance time for accomplishing the
inspection, for this AD, the inspection must
be done at the time specified in paragraph
(h)(3)(i) or (ii) of this AD, whichever occurs
later.
(i) The compliance time specified in
paragraph B. of Part II of Transport Canada
AD CF–2022–08.
(ii) Within 60 flight hours or 7 days after
the effective date of this AD, whichever
occurs first.
(4) Where Transport Canada AD CF–2022–
08 refers to ‘‘hours air time,’’ this AD requires
replacing those words with ‘‘flight hours.’’
(5) Where Transport Canada AD CF–2022–
08 specifies to ‘‘rectify any discrepancy,’’ this
AD requires replacing those words with ‘‘if
any mechanical wear damage is found on
which the measured damage exceeds the
allowable limits identified in ACLP SB
BD500–282006, before further flight replace
the affected part.’’
(6) Where the service information
referenced in Transport Canada AD CF–
2022–08 specifies ‘‘washer part number
NAS1149E0332R,’’ this AD requires
replacing those words with ‘‘washer part
number NAS1149D0332J.’’
(7) Where Transport Canada AD CF–2022–
08 requires actions ‘‘in accordance with Parts
C and D Accomplishment Instructions of
ACLP SB BD500–282006,’’ and ‘‘in
accordance with Parts A and B
Accomplishment Instructions of ACLP SB
BD500–282006,’’ this AD requires replacing
those words with ‘‘in accordance with
Section 3 Procedure in each Part of the
Accomplishment Instructions of ACLP SB
BD500–282006.’’
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(i) No Reporting Requirement
Although the service information
referenced in Transport Canada AD CF–
2022–08 specifies to submit certain
information to the manufacturer, this AD
does not include that requirement.
(j) Additional AD Provisions
The following provisions also apply to this
AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, International
Validation Branch, FAA, has the authority to
approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19.
In accordance with 14 CFR 39.19, send your
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request to your principal inspector or
responsible Flight Standards Office, as
appropriate. If sending information directly
to the manager of the International Validation
Branch, mail it to ATTN: Program Manager,
Continuing Operational Safety, at the address
identified in paragraph (k) of this AD or
email to 9-AVS-NYACO-COS@faa.gov. If
mailing information, also submit information
by email. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(2) Contacting the Manufacturer: For any
requirement in this AD to obtain instructions
from a manufacturer, the instructions must
be accomplished using a method approved
by the Manager, International Validation
Branch, FAA; or Transport Canada; or Airbus
Canada Limited Partnership Transport
Canada Design Approval Organization
(DAO). If approved by the DAO, the approval
must include the DAO-authorized signature.
(3) Required for Compliance (RC): Except
as required by paragraphs (i) and (j)(2) of this
AD, if any service information contains
procedures that are identified as RC, those
procedures must be done to comply with this
AD; any procedures that are not identified as
RC are recommended. Those procedures that
are not identified as RC may be deviated from
using accepted methods in accordance with
the operator’s maintenance or inspection
program without obtaining approval of an
AMOC, provided the procedures identified as
RC can be done and the airplane can be put
back in an airworthy condition. Any
substitutions or changes to procedures
identified as RC require approval of an
AMOC.
(k) Additional Information
For more information about this AD,
contact Joseph Catanzaro, Aviation Safety
Engineer, FAA, 1600 Stewart Avenue, Suite
410, Westbury, NY 11590; telephone 516–
228–7366; email 9-avs-nyaco-cos@faa.gov.
(l) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference of
the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Transport Canada AD CF–2022–08,
dated March 3, 2022.
(ii) [Reserved]
(3) For Transport Canada AD CF–2022–08,
contact Transport Canada, Transport Canada
National Aircraft Certification, 159 Cleopatra
Drive, Nepean, Ontario K1A 0N5, Canada;
telephone 888–663–3639; email
TC.AirworthinessDirectivesConsignesdenavigabilite.TC@tc.gc.ca;
website tc.canada.ca/en/aviation.
(4) You may view this material at the FAA,
Airworthiness Products Section, Operational
Safety Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
(5) You may view this material that is
incorporated by reference at the National
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Archives and Records Administration
(NARA). For information on the availability
of this material at NARA, email
fr.inspection@nara.gov, or go to:
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued on August 8, 2023.
Victor Wicklund,
Deputy Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2023–17772 Filed 8–17–23; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 221013–0214]
RIN 0694–AI63
Commerce Control List: Updates
Based on the Latest Nuclear Suppliers
Group (NSG) Plenary Meetings
Bureau of Industry and
Security, Department of Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) publishes this final rule
to amend the Export Administration
Regulations (EAR) to reflect changes
reached by the Nuclear Suppliers Group
(NSG) in its June 2019 plenary meeting
in Nur-Sultan (now Astana), Kazakhstan
and its plenary meeting of June 2022 in
Warsaw, Poland. Consistent with U.S.
commitments as a participating country
in the NSG, this rule revises five
existing Export Control Classification
Numbers (ECCNs) under the Commerce
Control List (CCL). These changes
protect U.S. nuclear nonproliferation
interests, while aligning the EAR with
the control text agreed to by
participating governments (PGs).
DATES: This rule is effective August 18,
2023.
FOR FURTHER INFORMATION CONTACT:
For general questions, contact: Logan
Norton, Regulatory Policy Division,
RPD2@bis.doc.gov, (202) 482–2440.
For technical questions, contact:
Steven Clagett, Director Nuclear and
Missile Technology Division, (202) 482–
4188.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
BIS is amending the CCL, supp. no. 1
to part 774 of the EAR, 15 CFR parts
730–774, consistent with U.S.
commitments as a participating country
in the NSG. The NSG is a multilateral
export control forum that consists of 48
PGs. The NSG maintains two lists of
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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules and Regulations
items that are subject to multilateral
controls (collectively, the NSG
Guidelines): first, a list of items
especially designed or prepared for
nuclear uses, also known as the trigger
list; second, a list of dual-use items that
could be used for nuclear proliferation
activities. The list of dual-use items is
maintained in the Annex to Part 2 of the
‘‘Guidelines for the Transfer of Nuclear
Related Dual Use Equipment, Materials,
Software and Related Technology.’’ NSG
participating countries share a
commitment to prevent nuclear
proliferation and the development of
nuclear-related weapons of mass
destruction. In furtherance of that
commitment, they have undertaken to
impose export controls on the items
listed in the Annexes to the NSG
Guidelines. The NSG Guidelines and
the Annexes thereto are designed to
ensure that nuclear trade for peaceful
purposes does not contribute to the
proliferation of nuclear weapons or
related proliferation activities. The
changes reflected in this rule
correspond to changes agreed to in the
NSG plenary meeting of June 2019 in
Nur-Sultan (now Astana), Kazakhstan
and the plenary meeting of June 2022 in
Warsaw, Poland.
These changes were published in
International Atomic Energy Agency
(IAEA) Information Circular INFCIRC/
254/Rev.11/Part 2 in October 2019 and
the IAEA Information Circular INFCIRC/
254/Rev.12/Part 2 in July 2022, which
contains the updated text of Part 2 of the
NSG Guidelines and its related Annex.
BIS is publishing these amendments to
the EAR to fulfill U.S. commitments to
the regime.
included in the Annex to Part 1 of the
NSG Guidelines. Items in the Annex to
Part 1 of the NSG Guidelines are subject
to the export control jurisdiction of the
Department of Energy and the Nuclear
Regulatory Commission.
2019 Plenary Changes
Revision of ECCNs 2B209 and 2B228
Removal of Export Control
Classification Number (ECCN) 1B229
To reflect changes implemented by
the NSG, water-hydrogen sulfide
exchange tray columns and internal
contactors have been removed from the
CCL; given that these were the only
items controlled under ECCN 1B229,
this ECCN is being removed in its
entirety. Previously, the NSG
maintained entries for these items on
the Annexes to both Part 1 and Part 2
of the NSG Guidelines; the changes
implemented in this rule reflect the
NSG’s June 2017 decision to remove the
entries from the Annex to Part 2, as a
result of the scope expansion of certain
entries in the Annex to Part 1 in the
2017 NSG plenary meeting. While the
decision to delete the text was made in
June 2017, the entries’ deletion from the
Annex to Part 2 did not occur until
2019. The items will continue to be
During the Fundamental Review of
the NSG Control Lists—an NSG
function, not a function of the U.S.
Government—in 2010 through 2013, the
parameters of gas centrifuges were
changed to control centrifuge rotors
with internal diameters of between 75
mm and 650 mm. Similarly, the
parameters of filament winding
machines were amended to those
capable of winding cylindrical tubes
with an internal diameter of between 75
mm and 650 mm. However, the
parameters for the items controlled by
ECCNs 2B209 and 2B228, applicable for
the manufacture of gas centrifuge rotors,
were not changed. This, respectively,
includes: Flow forming machines, spin
forming machines capable of flow
forming functions, other than those
controlled by 2B009 or 2B109, and
mandrels; and Rotor fabrication and
assembly equipment, rotor straightening
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Revision to ECCN 1B231
This rule amends ECCN 1B231 by
adding ‘‘hydrogen isotope’’ before
‘‘purification’’ in item paragraph .b.2.
This change clarifies that only hydrogen
isotope purification systems fall within
the scope of the entry. The previous text
could have erroneously been interpreted
to control all purification systems in the
form of metal hydrides and not just
those purification systems of hydrogen
isotopes. This rule also changes ‘‘and’’
to ‘‘or’’ in item paragraph .b.2. These
changes reflect revisions from the 2019
plenary meeting.
Revision to ECCN 3A233
Also consistent with changes made in
the 2019 plenary meeting, this rule
amends ECCN 3A233 by replacing
‘‘atomic mass units’’ in the title of the
ECCN with ‘‘u’’. The description for
items detailed under the heading of
ECCN 3A233 includes the outdated unit
‘‘atomic mass units.’’ This language is
replaced pursuant to this rule with the
modern and widely accepted unit ‘‘u’’
or ‘‘Dalton.’’ BIS is making this
amendment because the new mass unit
is more strictly defined and accepted by
the scientific and legal communities,
removing a possible ambiguity in the
text as it was previously written. There
is a miniscule difference the masses of
the two units.
2022 Plenary Changes
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56463
equipment, bellows-forming mandrels
and dies.
The NSG has now revised the control
parameters for the items controlled by
ECCNs 2B209 and 2B228 so that they
now have internal diameters of between
75 mm to 650 mm, as opposed to the
previous internal diameter parameters
of between 75 mm and 400 mm. This
revision ensures that the coverage of gas
centrifuge rotor and of flow forming
machines that can be used to produce
gas centrifuge rotors is harmonized with
the control parameters of the
centrifuges.
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), 50 U.S.C. 4801–4852. ECRA
provides the legal basis for BIS’s
principal authorities 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 been
determined to be not significant under
Executive Order 12866.
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
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 29.4 minutes for a manual or
electronic submission for a total burden
estimate of 31,919 hours. BIS does not
expect the burden hours associated with
this collection to change.
3. This rule does not contain policies
with federalism implications as that
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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules and Regulations
term is defined under Executive Order
13132.
Administrative Procedure Act and
Regulatory Flexibility Act
Requirements
1B231 Tritium facilities or plants, and
equipment therefor, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NP, AT
Pursuant to Section 4821 of ECRA,
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.
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act 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, Terrorism.
Accordingly, part 774 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 774—THE COMMERCE
CONTROL LIST
1. 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.
2. Supplement no. 1 to part 774 is
amended by:
■ a. Category 1 is amended by removing
ECCN 1B229 and revising ECCN 1B231;
■ b. Category 2 is amended by revising
ECCNs 2B209 and 2B228; and
■ c. Category 3 is amended by revising
ECCN 3A233.
The revisions read as follows:
■
NP applies to entire
entry.
AT applies to entire
entry.
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*
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B. ‘‘Test’’, ‘‘Inspection’’ and ‘‘Production
Equipment’’
*
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Jkt 259001
AT Column 1.
List of Items Controlled
Related Controls: (1) Tritium, tritium
compounds, and mixtures containing
tritium are subject to the export licensing
authority of the Nuclear Regulatory
Commission (see 10 CFR part 110). (2) See
ECCNs 1E001 (‘‘development’’ and
‘‘production’’) and 1E201 (‘‘use’’) for
technology for items controlled by this
entry.
Related Definitions: N/A
Items:
a. Facilities or plant for the production,
recovery, extraction, concentration, or
handling of tritium;
b. Equipment for tritium facilities or plant,
as follows:
b.1. Hydrogen or helium refrigeration units
capable of cooling to 23 K (¥250 °C) or less,
with heat removal capacity greater than 150
watts; or
b.2. Hydrogen isotope storage or hydrogen
isotope purification systems using metal
hydrides as the storage, or purification
medium.
*
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*
*
Category 2—Materials Processing
*
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*
*
*
B. ‘‘Test,’’ ‘‘Inspection’’ and ‘‘Production
Equipment’’
*
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*
*
2B209 Flow forming machines, spin
forming machines capable of flow
forming functions, other than those
controlled by 2B009 or 2B109, and
mandrels, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: NP, AT
Control(s)
Category 1—Special Materials and Related
Equipment, Chemicals, ‘‘Microorganisms,’’
and ‘‘Toxins’’
NP Column 1.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
Supplement No. 1 to Part 774
*
Country chart
(see supp. No. 1 to
part 738)
Control(s)
NP applies to entire
entry.
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)
LVS: N/A
GBS: N/A
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List of Items Controlled
Related Controls: (1) See ECCN 2D201 for
‘‘software’’ for items controlled under this
entry. (2) See ECCNs 2E001
(‘‘development’’), 2E002 (‘‘production’’),
and 2E201 (‘‘use’’) for technology for items
controlled under this entry. (3) Also see
ECCNs 2B009 and 2B109.
Related Definitions: N/A
Items:
a. Machines having both of the following
characteristics:
a.1. Three or more rollers (active or
guiding); and
a.2. According to the manufacturer’s
technical specifications, can be equipped
with ‘‘numerical control’’ units or a computer
control;
Note: 2B209.a includes machines that have
only a single roller designed to deform metal,
plus two auxiliary rollers that support the
mandrel, but do not participate directly in
the deformation process.
b. Rotor-forming mandrels designed to
form cylindrical rotors of inside diameter
between 75 mm and 650 mm.
*
*
*
*
*
2B228 Rotor fabrication and assembly
equipment, rotor straightening
equipment, bellows-forming mandrels
and dies, 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 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)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: See ECCNs 2E001
(‘‘development’’), 2E002 (‘‘production’’),
and 2E201 (‘‘use’’) for technology for items
controlled under this entry.
Related Definitions: N/A
Items:
a. Rotor assembly equipment for assembly
of gas centrifuge rotor tube sections, baffles,
and end-caps;
Note: 2B228.a includes precision mandrels,
clamps, and shrink fit machines.
b. Rotor straightening equipment for
alignment of gas centrifuge rotor tube
sections to a common axis;
Technical Note: The rotor straightening
equipment in 2B228.b normally consists of
precision measuring probes linked to a
computer that subsequently controls the
action of, for example, pneumatic rams used
for aligning the rotor tube sections.
c. Bellows-forming mandrels and dies for
producing single-convolution bellows.
Technical Note: In 2B228.c, the bellows
have all of the following characteristics:
1. Inside diameter between 75 mm and 650
mm;
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Federal Register / Vol. 88, No. 159 / Friday, August 18, 2023 / Rules and Regulations
2. Length equal to or greater than 12.7 mm;
3. Single convolution depth greater than 2
mm; and
4. Made of high-strength aluminum alloys,
maraging steel or high strength ‘‘fibrous or
filamentary materials’’.
*
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*
Category 3—Electronics
A. ‘‘End Items,’’ ‘‘Equipment,’’
‘‘Accessories,’’ ‘‘Attachments,’’ ‘‘Parts,’’
‘‘Components,’’ and ‘‘Systems’’
*
*
*
*
*
*
3A233 Mass spectrometers, capable of
measuring ions of 230 u or greater and
having a resolution of better than 2 parts
in 230, and ion sources therefor,
excluding items that are subject to the
export licensing authority of the Nuclear
Regulatory Commission (see 10 CFR
part 110).
License Requirements
Reason for Control: NP, AT
Control(s)
NP applies to entire
entry.
AT applies to entire
entry.
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Thea D. Rozman Kendler,
Assistant Secretary for Export
Administration.
[FR Doc. 2023–16750 Filed 8–17–23; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Country chart
(see supp. No. 1 to
part 738)
15 CFR Part 950
[Docket No: 230814–0192]
NP Column 1.
RIN 0648–BM35
AT Column 1.
Schedule of Fees for Access to NOAA
Environmental Data, Information, and
Related Products and Services
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) See ECCNs 3E001
(‘‘development’’ and ‘‘production’’) and
3E201 (‘‘use’’) for technology for items
controlled under this entry. (2) Mass
spectrometers ‘‘specially designed’’ or
prepared for analyzing on-line samples of
UF6 gas streams are subject to the export
licensing authority of the Nuclear
Regulatory Commission (see 10 CFR part
110).
Related Definitions: N/A
Items:
a. Inductively coupled plasma mass
spectrometers (ICP/MS);
b. Glow discharge mass spectrometers
(GDMS);
c. Thermal ionization mass spectrometers
(TIMS);
d. Electron bombardment mass
spectrometers having both of the following
features:
d.1. A molecular beam inlet system that
injects a collimated beam of analyte
molecules into a region of the ion source
where the molecules are ionized by an
electron beam; and
d.2. One or more cold traps that can be
cooled to a temperature of 193 K (¥80 °C)
or less in order to trap analyte molecules that
are not ionized by the electron beam;
e. Mass spectrometers equipped with a
microfluorination ion source designed for
actinides or actinide fluorides.
Technical Notes:
1. ECCN 3A233.d controls mass
spectrometers that are typically used for
isotopic analysis of UF6 gas samples.
VerDate Sep<11>2014
2. Electron bombardment mass
spectrometers in ECCN 3A233.d are also
known as electron impact mass
spectrometers or electron ionization mass
spectrometers.
3. In ECCN 3A233.d.2, a ‘‘cold trap’’ is a
device that traps gas molecules by
condensing or freezing them on cold
surfaces. For the purposes of this ECCN, a
closed-loop gaseous helium cryogenic
vacuum pump is not a cold trap.
16:24 Aug 17, 2023
Jkt 259001
National Environmental
Satellite, Data and Information Service
(NESDIS), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Final rule.
AGENCY:
In this final rule, NESDIS
establishes a new schedule of fees for
special access to NOAA data,
information, and related products and
services. NOAA continues to make its
environmental data available to the
public without any fee in most
instances, primarily via NOAA’s
Comprehensive Large Array-Data
Stewardship System (CLASS). NESDIS
is revising the fee schedule that has
been in effect since 2021 to ensure that
the fees accurately reflect the costs of
providing access to the environmental
data, information, and related products
and services.
DATES: Effective September 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Arpine Petrosyan, (301)713-7206
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
NESDIS operates NOAA’s National
Centers for Environmental Information
(NCEI). Through NCEI, NESDIS
provides and ensures timely access to
global environmental data from
satellites and other sources, provides
information services, and develops
science products.
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NESDIS maintains some 1,300
databases containing over 2,400
environmental variables at NCEI and 7
World Data Centers. These centers
respond to over 2,000,000 requests for
these data and products annually from
over 70 countries, the vast majority of
which are fulfilled at no fee to the
requestor via NOAA CLASS. This
collection of environmental data and
products is growing rapidly, both in size
and sophistication, and as a result the
associated costs have increased.
If CLASS is unable to meet a user’s
need, users have the ability to access the
special data products described in the
table in Appendix A to part 950 offline,
online and through the NESDIS eCommerce System (NeS) online store.
Our ability to provide these special data,
information, products and services
depends on user fees.
New Fee Schedule
NESDIS is authorized under 15 U.S.C.
1534 to assess fees, based on fair market
value, depending upon the user and
intended use, for access to
environmental data, information, and
products derived from, collected, and/or
archived by NOAA. In this final rule,
NESDIS establishes a new schedule of
fees for access to these special data,
information, and related products and
services. NESDIS is revising the fee
schedule that has been in effect since
2021 to ensure that the fees accurately
reflect the costs of providing access to
the environmental data, information,
and related products and services. The
new fee schedule lists both the current
fee charged for each item and the new
fee to be charged to users that will take
effect beginning September 30, 2023.
The schedule applies to the listed
services provided by NESDIS on or after
September 30, 2023, except for products
and services covered by a subscription
agreement in effect as of September 30,
2023that extends beyond September 30,
2023. In those cases, the increased fees
will apply upon renewal of the
subscription agreement or at the earliest
amendment date provided by the
agreement.
NESDIS will continue to review these
user fees periodically, and will revise
such fees as necessary. Any future
changes in the user fees and their
effective date will be announced
through notice in the Federal Register.
Classification
This rule has been determined to be
significant for purposes of E.O. 12866.
The provisions of the Administrative
Procedure Act (5 U.S.C. 553) requiring
notice of proposed rulemaking and the
opportunity for public participation are
E:\FR\FM\18AUR1.SGM
18AUR1
]]>Agencies
[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56462-56465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-16750]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 221013-0214]
RIN 0694-AI63
Commerce Control List: Updates Based on the Latest Nuclear
Suppliers Group (NSG) Plenary Meetings
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend the Export Administration Regulations (EAR) to reflect
changes reached by the Nuclear Suppliers Group (NSG) in its June 2019
plenary meeting in Nur-Sultan (now Astana), Kazakhstan and its plenary
meeting of June 2022 in Warsaw, Poland. Consistent with U.S.
commitments as a participating country in the NSG, this rule revises
five existing Export Control Classification Numbers (ECCNs) under the
Commerce Control List (CCL). These changes protect U.S. nuclear
nonproliferation interests, while aligning the EAR with the control
text agreed to by participating governments (PGs).
DATES: This rule is effective August 18, 2023.
FOR FURTHER INFORMATION CONTACT:
For general questions, contact: Logan Norton, Regulatory Policy
Division, [email protected], (202) 482-2440.
For technical questions, contact: Steven Clagett, Director Nuclear
and Missile Technology Division, (202) 482-4188.
SUPPLEMENTARY INFORMATION:
Background
BIS is amending the CCL, supp. no. 1 to part 774 of the EAR, 15 CFR
parts 730-774, consistent with U.S. commitments as a participating
country in the NSG. The NSG is a multilateral export control forum that
consists of 48 PGs. The NSG maintains two lists of
[[Page 56463]]
items that are subject to multilateral controls (collectively, the NSG
Guidelines): first, a list of items especially designed or prepared for
nuclear uses, also known as the trigger list; second, a list of dual-
use items that could be used for nuclear proliferation activities. The
list of dual-use items is maintained in the Annex to Part 2 of the
``Guidelines for the Transfer of Nuclear Related Dual Use Equipment,
Materials, Software and Related Technology.'' NSG participating
countries share a commitment to prevent nuclear proliferation and the
development of nuclear-related weapons of mass destruction. In
furtherance of that commitment, they have undertaken to impose export
controls on the items listed in the Annexes to the NSG Guidelines. The
NSG Guidelines and the Annexes thereto are designed to ensure that
nuclear trade for peaceful purposes does not contribute to the
proliferation of nuclear weapons or related proliferation activities.
The changes reflected in this rule correspond to changes agreed to in
the NSG plenary meeting of June 2019 in Nur-Sultan (now Astana),
Kazakhstan and the plenary meeting of June 2022 in Warsaw, Poland.
These changes were published in International Atomic Energy Agency
(IAEA) Information Circular INFCIRC/254/Rev.11/Part 2 in October 2019
and the IAEA Information Circular INFCIRC/254/Rev.12/Part 2 in July
2022, which contains the updated text of Part 2 of the NSG Guidelines
and its related Annex. BIS is publishing these amendments to the EAR to
fulfill U.S. commitments to the regime.
2019 Plenary Changes
Removal of Export Control Classification Number (ECCN) 1B229
To reflect changes implemented by the NSG, water-hydrogen sulfide
exchange tray columns and internal contactors have been removed from
the CCL; given that these were the only items controlled under ECCN
1B229, this ECCN is being removed in its entirety. Previously, the NSG
maintained entries for these items on the Annexes to both Part 1 and
Part 2 of the NSG Guidelines; the changes implemented in this rule
reflect the NSG's June 2017 decision to remove the entries from the
Annex to Part 2, as a result of the scope expansion of certain entries
in the Annex to Part 1 in the 2017 NSG plenary meeting. While the
decision to delete the text was made in June 2017, the entries'
deletion from the Annex to Part 2 did not occur until 2019. The items
will continue to be included in the Annex to Part 1 of the NSG
Guidelines. Items in the Annex to Part 1 of the NSG Guidelines are
subject to the export control jurisdiction of the Department of Energy
and the Nuclear Regulatory Commission.
Revision to ECCN 1B231
This rule amends ECCN 1B231 by adding ``hydrogen isotope'' before
``purification'' in item paragraph .b.2. This change clarifies that
only hydrogen isotope purification systems fall within the scope of the
entry. The previous text could have erroneously been interpreted to
control all purification systems in the form of metal hydrides and not
just those purification systems of hydrogen isotopes. This rule also
changes ``and'' to ``or'' in item paragraph .b.2. These changes reflect
revisions from the 2019 plenary meeting.
Revision to ECCN 3A233
Also consistent with changes made in the 2019 plenary meeting, this
rule amends ECCN 3A233 by replacing ``atomic mass units'' in the title
of the ECCN with ``u''. The description for items detailed under the
heading of ECCN 3A233 includes the outdated unit ``atomic mass units.''
This language is replaced pursuant to this rule with the modern and
widely accepted unit ``u'' or ``Dalton.'' BIS is making this amendment
because the new mass unit is more strictly defined and accepted by the
scientific and legal communities, removing a possible ambiguity in the
text as it was previously written. There is a miniscule difference the
masses of the two units.
2022 Plenary Changes
Revision of ECCNs 2B209 and 2B228
During the Fundamental Review of the NSG Control Lists--an NSG
function, not a function of the U.S. Government--in 2010 through 2013,
the parameters of gas centrifuges were changed to control centrifuge
rotors with internal diameters of between 75 mm and 650 mm. Similarly,
the parameters of filament winding machines were amended to those
capable of winding cylindrical tubes with an internal diameter of
between 75 mm and 650 mm. However, the parameters for the items
controlled by ECCNs 2B209 and 2B228, applicable for the manufacture of
gas centrifuge rotors, were not changed. This, respectively, includes:
Flow forming machines, spin forming machines capable of flow forming
functions, other than those controlled by 2B009 or 2B109, and mandrels;
and Rotor fabrication and assembly equipment, rotor straightening
equipment, bellows-forming mandrels and dies.
The NSG has now revised the control parameters for the items
controlled by ECCNs 2B209 and 2B228 so that they now have internal
diameters of between 75 mm to 650 mm, as opposed to the previous
internal diameter parameters of between 75 mm and 400 mm. This revision
ensures that the coverage of gas centrifuge rotor and of flow forming
machines that can be used to produce gas centrifuge rotors is
harmonized with the control parameters of the centrifuges.
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), 50 U.S.C. 4801-
4852. ECRA provides the legal basis for BIS's principal authorities 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 been determined to be not significant
under Executive Order 12866.
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 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 29.4 minutes for a manual or electronic submission
for a total burden estimate of 31,919 hours. BIS does not expect the
burden hours associated with this collection to change.
3. This rule does not contain policies with federalism implications
as that
[[Page 56464]]
term is defined under Executive Order 13132.
Administrative Procedure Act and Regulatory Flexibility Act
Requirements
Pursuant to Section 4821 of ECRA, 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.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act 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, Terrorism.
Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 774--THE COMMERCE CONTROL LIST
0
1. 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
2. Supplement no. 1 to part 774 is amended by:
0
a. Category 1 is amended by removing ECCN 1B229 and revising ECCN
1B231;
0
b. Category 2 is amended by revising ECCNs 2B209 and 2B228; and
0
c. Category 3 is amended by revising ECCN 3A233.
The revisions read as follows:
Supplement No. 1 to Part 774
* * * * *
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins''
* * * * *
B. ``Test'', ``Inspection'' and ``Production Equipment''
* * * * *
1B231 Tritium facilities or plants, and equipment therefor, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 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
List of Items Controlled
Related Controls: (1) Tritium, tritium compounds, and mixtures
containing tritium are subject to the export licensing authority of
the Nuclear Regulatory Commission (see 10 CFR part 110). (2) See
ECCNs 1E001 (``development'' and ``production'') and 1E201 (``use'')
for technology for items controlled by this entry.
Related Definitions: N/A
Items:
a. Facilities or plant for the production, recovery, extraction,
concentration, or handling of tritium;
b. Equipment for tritium facilities or plant, as follows:
b.1. Hydrogen or helium refrigeration units capable of cooling
to 23 K (-250 [deg]C) or less, with heat removal capacity greater
than 150 watts; or
b.2. Hydrogen isotope storage or hydrogen isotope purification
systems using metal hydrides as the storage, or purification medium.
* * * * *
Category 2--Materials Processing
* * * * *
B. ``Test,'' ``Inspection'' and ``Production Equipment''
* * * * *
2B209 Flow forming machines, spin forming machines capable of flow
forming functions, other than those controlled by 2B009 or 2B109,
and mandrels, as follows (see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 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
List of Items Controlled
Related Controls: (1) See ECCN 2D201 for ``software'' for items
controlled under this entry. (2) See ECCNs 2E001 (``development''),
2E002 (``production''), and 2E201 (``use'') for technology for items
controlled under this entry. (3) Also see ECCNs 2B009 and 2B109.
Related Definitions: N/A
Items:
a. Machines having both of the following characteristics:
a.1. Three or more rollers (active or guiding); and
a.2. According to the manufacturer's technical specifications,
can be equipped with ``numerical control'' units or a computer
control;
Note: 2B209.a includes machines that have only a single roller
designed to deform metal, plus two auxiliary rollers that support
the mandrel, but do not participate directly in the deformation
process.
b. Rotor-forming mandrels designed to form cylindrical rotors of
inside diameter between 75 mm and 650 mm.
* * * * *
2B228 Rotor fabrication and assembly equipment, rotor straightening
equipment, bellows-forming mandrels and dies, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 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
List of Items Controlled
Related Controls: See ECCNs 2E001 (``development''), 2E002
(``production''), and 2E201 (``use'') for technology for items
controlled under this entry.
Related Definitions: N/A
Items:
a. Rotor assembly equipment for assembly of gas centrifuge rotor
tube sections, baffles, and end-caps;
Note: 2B228.a includes precision mandrels, clamps, and shrink
fit machines.
b. Rotor straightening equipment for alignment of gas centrifuge
rotor tube sections to a common axis;
Technical Note: The rotor straightening equipment in 2B228.b
normally consists of precision measuring probes linked to a computer
that subsequently controls the action of, for example, pneumatic
rams used for aligning the rotor tube sections.
c. Bellows-forming mandrels and dies for producing single-
convolution bellows.
Technical Note: In 2B228.c, the bellows have all of the
following characteristics:
1. Inside diameter between 75 mm and 650 mm;
[[Page 56465]]
2. Length equal to or greater than 12.7 mm;
3. Single convolution depth greater than 2 mm; and
4. Made of high-strength aluminum alloys, maraging steel or high
strength ``fibrous or filamentary materials''.
* * * * *
Category 3--Electronics
A. ``End Items,'' ``Equipment,'' ``Accessories,'' ``Attachments,''
``Parts,'' ``Components,'' and ``Systems''
* * * * *
3A233 Mass spectrometers, capable of measuring ions of 230 u or
greater and having a resolution of better than 2 parts in 230, and
ion sources therefor, excluding items that are subject to the export
licensing authority of the Nuclear Regulatory Commission (see 10 CFR
part 110).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 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
List of Items Controlled
Related Controls: (1) See ECCNs 3E001 (``development'' and
``production'') and 3E201 (``use'') for technology for items
controlled under this entry. (2) Mass spectrometers ``specially
designed'' or prepared for analyzing on-line samples of
UF6 gas streams are subject to the export licensing
authority of the Nuclear Regulatory Commission (see 10 CFR part
110).
Related Definitions: N/A
Items:
a. Inductively coupled plasma mass spectrometers (ICP/MS);
b. Glow discharge mass spectrometers (GDMS);
c. Thermal ionization mass spectrometers (TIMS);
d. Electron bombardment mass spectrometers having both of the
following features:
d.1. A molecular beam inlet system that injects a collimated
beam of analyte molecules into a region of the ion source where the
molecules are ionized by an electron beam; and
d.2. One or more cold traps that can be cooled to a temperature
of 193 K (-80 [deg]C) or less in order to trap analyte molecules
that are not ionized by the electron beam;
e. Mass spectrometers equipped with a microfluorination ion
source designed for actinides or actinide fluorides.
Technical Notes:
1. ECCN 3A233.d controls mass spectrometers that are typically
used for isotopic analysis of UF6 gas samples.
2. Electron bombardment mass spectrometers in ECCN 3A233.d are
also known as electron impact mass spectrometers or electron
ionization mass spectrometers.
3. In ECCN 3A233.d.2, a ``cold trap'' is a device that traps gas
molecules by condensing or freezing them on cold surfaces. For the
purposes of this ECCN, a closed-loop gaseous helium cryogenic vacuum
pump is not a cold trap.
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-16750 Filed 8-17-23; 8:45 am]
BILLING CODE 3510-33-P
