Industry and Security Bureau June 2010 – Federal Register Recent Federal Regulation Documents

Addition of New Export Control Classification Number 6A981 Passive Infrasound Sensors to the Commerce Control List of the Export Administration Regulations, and Related Amendments
Document Number: 2010-15928
Type: Proposed Rule
Date: 2010-06-30
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security proposes to amend the Export Administration Regulations (EAR) by adding Export Control Classification Number (ECCN) 6A981 to the Commerce Control List (CCL) to control passive infrasound sensors because of their military and commercial utility. Items under this new ECCN will be controlled for Regional Stability (RS) and Anti-Terrorism (AT) reasons. In addition, BIS proposes to control technology and software for the development, production, or use of these items for RS and AT reasons under revised ECCNs 6D991 and 6E991, respectively.
Addition and Removal of Certain Persons on the Entity List: Addition of Persons Acting Contrary to the National Security or Foreign Policy Interests of the United States; Removal of Person Based on Removal Request
Document Number: 2010-15447
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) by adding twenty-four persons to the Entity List (Supplement No. 4 to Part 744) on the basis of Section 744.11 of the EAR. The persons who are added to the Entity List have been determined by the U.S. Government to be acting contrary to the national security or foreign policy interests of the United States. These persons will be listed under the following nine destinations on the Entity List: Belarus, China, Hong Kong, Iran, Malaysia, New Zealand, Norway, South Africa and United Kingdom.
Revisions to the Export Administration Regulations Based Upon a Systematic Review of the Commerce Control List: Additional Changes
Document Number: 2010-15444
Type: Rule
Date: 2010-06-28
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule amends the Export Administration Regulations (EAR) to make revisions to the EAR as a result of a systematic review of the Commerce Control List (CCL) that was conducted by the Bureau of Industry and Security (BIS). This rule is the third phase of the regulatory implementation of the results of a review of the CCL that was conducted by BIS starting in 2007. The BIS CCL review benefited from input received from BIS's Technical Advisory Committees (TACs) and comments that were received from the interested public in response to the publication of a BIS notice of inquiry on July 17, 2007.
Encryption Export Controls: Revision of License Exception ENC and Mass Market Eligibility, Submission Procedures, Reporting Requirements, License Application Requirements, and Addition of Note 4 to Category 5, Part 2
Document Number: 2010-15072
Type: Rule
Date: 2010-06-25
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR or Regulations) to modify the requirements of License Exception ENC, ``Encryption Commodities, Software and Technology,'' and the requirements for qualifying an encryption item as mass market. BIS is also amending specific license requirements for encryption items. With respect to encryption products of lesser national security concern, this rule replaces the requirement to wait 30 days for a technical review before exporting such products and the requirement to file semi-annual post-export sales and distribution reports with a provision that allows immediate authorization to export and reexport these products after electronic submission to BIS of an encryption registration. A condition of this new authorization for less sensitive products is submission of an annual self-classification report on these commodities and software exported under License Exception ENC. With respect to most mass market encryption products, this rule similarly replaces the requirement to wait 30 days for a technical review before exporting and reexporting such products with a provision that allows immediate authorization to export and reexport these products after electronic submission to BIS of an encryption registration, subject to annual self-classification reporting for exported encryption products. Only a few categories of License Exception ENC and mass market encryption products will continue to require submission of a 30-day classification request. Encryption items that are more strictly controlled continue to be authorized for immediate export and reexport to most end-users located in close ally countries upon submission of an encryption registration and classification request to BIS. This rule also eases licensing requirements for the export and reexport of many types of technology necessary for the development and use of encryption products, except to countries subject to export or reexport license requirements for national security reasons or anti-terrorism reasons, or that are subject to embargo or sanctions. This rule also removes the requirement to file separate encryption classification requests (formerly encryption review requests) with both BIS and the ENC Encryption Request Coordinator (Ft. Meade, MD).
Export Administration Regulations: Technical Corrections
Document Number: 2010-14432
Type: Rule
Date: 2010-06-16
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule corrects two typographical errors that appeared in a rule published on June 4, 2010. One error is in the License Requirements section of Export Control Classification Number 2B001 and the other is in the Technical Note on Adjusted Peak Performance (``APP'') found at the end of Category 4 on the Commerce Control List.
Export Administration Regulations; Technical Amendments
Document Number: 2010-14525
Type: Rule
Date: 2010-06-15
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
In this final rule, the Bureau of Industry and Security (BIS) makes a technical amendment to the Export Administration Regulations (EAR). Specifically, BIS deletes references concerning Federal court jurisdiction for judicial review of final decisions and orders issued in BIS export control administrative enforcement proceedings and in administrative appeals of BIS temporary denial orders. Federal court jurisdiction to review these orders is governed by statute, not by regulation.
Action Affecting Export Privileges; Joseph Piquet
Document Number: 2010-13897
Type: Notice
Date: 2010-06-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Shu Quan-Sheng
Document Number: 2010-13896
Type: Notice
Date: 2010-06-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Green Supply, Inc.; Robert Leland Green and William Robert Green; Order Denying Export Privileges
Document Number: 2010-13895
Type: Notice
Date: 2010-06-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Action Affecting Export Privileges; Aaron Robert Henderson and Valhalla Tactical Supply
Document Number: 2010-13894
Type: Notice
Date: 2010-06-09
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
Revisions to Defense Priorities and Allocations System Regulations
Document Number: 2010-13395
Type: Proposed Rule
Date: 2010-06-07
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This proposed rule would reorganize and clarify existing standards and procedures by which the Bureau of Industry and Security (BIS) may require that certain contracts or orders that promote the national defense be given priority over other contracts or orders. This rule also sets new standards and procedures by which BIS may allocate materials, services and facilities to promote the national defense. BIS is publishing this rule to comply with a requirement of the Defense Production Act Reauthorization of 2009 to publish regulations providing standards and procedures for prioritization of contracts and orders and for allocation of materials, services and facilities to promote the national defense.
Export Administration Regulations: Technical Corrections
Document Number: 2010-13243
Type: Rule
Date: 2010-06-04
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
This rule clarifies language concerning the de minimis provisions of the Export Administration Regulations and certain performance criteria of turning machines. It also removes obsolete cross references, removes and reserves two regulatory provisions, corrects a typographical error, and removes an unnecessary reporting requirement.
Proposed Information Collection; Comment Request; Application for NATO International Competitive Bidding
Document Number: 2010-12989
Type: Notice
Date: 2010-06-01
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.
Proposed Information Collection; Comment Request; Foreign Availability Procedures and Criteria
Document Number: 2010-12988
Type: Notice
Date: 2010-06-01
Agency: Department of Commerce, Bureau of Industry and Security, Industry and Security Bureau
The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.