[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Rules and Regulations]
[Pages 52958-52960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21209]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 742, 744, 772, and 774
[FR Doc. 2014-18064]
RIN 0694-AD58
Implementation of Understandings Reached at the 2005, 2012, and
2013 Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG
Intersessional Decision; Additions to the List of NSG Participating
Countries; Correction
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) published a final
rule in the Federal Register on Thursday, August 7, 2014 (79 FR 46316),
that amended the Export Administration Regulations (EAR) to implement
the understandings reached at the 2005, 2012, and 2013 Nuclear
Suppliers Group (NSG) Plenary meetings. That final rule also amended
the EAR to implement a decision adopted under the NSG intersessional
silent approval procedures, in December 2009, and to reflect the status
of Croatia, Estonia, Iceland, Lithuania, Malta, Mexico, and Serbia as
participating countries in the NSG. In that final rule, the amendatory
instruction for the EAR supplement that lists ``Country Groups''
contained an error with respect to Mexico. In addition, the amendments
to Export Control Classification Number (ECCN) 6A203 in the August 7,
2014, final rule inadvertently omitted the controls that apply to
certain radiation-hardened TV cameras and lenses therefor. This
document amends the EAR to correct these errors.
Finally, the contact information in the preamble of the August 7,
2014, NSG Plenary rule contained an incorrect telephone number and the
saving clause in the preamble omitted specific instructions concerning
certain items newly controlled under ECCN 3A225. This document amends
the preamble of the August 7, 2014, NSG Plenary rule to correct these
errors.
DATES: This rule is effective September 5, 2014, and the corrections
herein are applicable beginning August 7, 2014.
ADDRESSES: Send comments regarding this collection of information,
including suggestions for reducing the burden, to Jasmeet Seehra,
Office of Management and Budget (OMB), by email to
[email protected], or by fax to (202) 395-
7285; and to the Regulatory Policy Division, Bureau of Industry and
Security, Department of Commerce, 14th Street & Pennsylvania Avenue
NW., Room 2705, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and
Missile Technology Controls Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry and Security, Telephone: (202)
482-1641.
SUPPLEMENTARY INFORMATION: On August 7, 2014, the final rule titled
``Implementation of Understandings Reached at the 2005, 2012, and 2013
Nuclear Suppliers Group (NSG) Plenary Meetings and a 2009 NSG
Intersessional Decision; Additions to the List of NSG Participating
Countries'' was published in the Federal Register (79 FR 46316). That
final rule contained certain errors and omissions, which are described
below. This final rule amends the preamble of the August 7, 2014, final
rule and the Export Administration Regulations (EAR) to correct these
errors and omissions.
Technical Amendments to the Preamble of the August 7, 2014, NSG Plenary
Rule
Update to Contact Information.
The preamble of the August 7, 2014, final rule contained an
incorrect telephone number under the contact information for Steven
Clagett, Director, Nuclear and Missile Technology Controls Division,
Office of Nonproliferation and Treaty Compliance, Bureau of Industry
and Security. This document correctly identifies the telephone number
as: (202) 482-1641.
Extension of Saving Clause provisions for certain ECCN 3A225 items.
The preamble of the August 7, 2014, final rule omitted from the
Saving Clause specific instructions concerning certain items that were
added to ECCN 3A225 by the rule. This document amends the Saving Clause
by adding a new paragraph, immediately following the first paragraph,
to provide specific instructions for exports and reexports of these
ECCN 3A225 items. This amendment will provide industry with additional
time in which to adjust their export control programs to the new export
licensing requirements that resulted from the removal of the ``harmonic
distortion parameter'' that was in ECCN 3A225.c prior to August 7,
2014. The removal of this parameter resulted in adding to ECCN 3A225 a
whole class of widely used and distributed industrial equipment that
[[Page 52959]]
was previously EAR99. Please note that all other EAR license
requirements and prohibitions affecting these items continue to apply
(e.g., the end-user/end-use based controls described in part 744 of the
EAR and the embargoes and other special controls described in part 746
of the EAR).
As amended by this final rule, the Saving Clause for the August 7,
2014, NSG Plenary rule now reads as follows (note that the ``regulatory
action'' referred to, therein, is the August 7, 2014, NSG Plenary rule
and not this final rule).
Except for ECCN 3A225 items (described below) that were
classified as EAR99 prior to the effective date of this rule,
shipments of items removed from eligibility for export or reexport
under a license exception or without a license (i.e., under the
designator ``NLR'') as a result of this regulatory action that were
on dock for loading, on lighter, laden aboard an exporting carrier,
or en route aboard a carrier to a port of export, on September 8,
2014, pursuant to actual orders for export or reexport to a foreign
destination, may proceed to that destination under the previously
applicable license exception or without a license (NLR) so long as
they are exported or reexported before September 22, 2014. Any such
items not actually exported or reexported before midnight, on
September 22, 2014, require a license in accordance with this
regulation.
Shipments of those ECCN 3A255 items removed from eligibility for
export or reexport under a license exception or without a license
(i.e., under the designator ``NLR'') as a result of this regulatory
action (specifically, the removal of the ``harmonic distortion
parameter'' that was in ECCN 3A225.c prior to August 7, 2014) that
were on dock for loading, on lighter, laden aboard an exporting
carrier, or en route aboard a carrier to a port of export, on
February 9, 2015, pursuant to actual orders for export or reexport
to a foreign destination, may proceed to that destination under the
previously applicable license exception or without a license (NLR)
so long as they are exported or reexported before February 23, 2015.
Any such items not actually exported or reexported before midnight,
on February 23, 2015, require a license in accordance with the
license requirements specified in ECCN 3A225.
``Deemed'' exports of ``technology'' and ``source code'' removed
from eligibility for export under a license exception or without a
license (under the designator ``NLR'') as a result of this
regulatory action may continue to be made under the previously
available license exception or without a license (NLR) before
November 5, 2014. Beginning at midnight on November 5, 2014, such
``technology'' and ``source code'' may no longer be released,
without a license, to a foreign national subject to the ``deemed''
export controls in the EAR when a license would be required to the
home country of the foreign national in accordance with this
regulation.
Amendments to the EAR to Correct Errors in the August 7, 2014, NSG
Plenary Rule
Addition of Mexico to Country Group A:4.
The August 7, 2014, final rule contained an error in the amendatory
instruction for Supplement No. 1 to part 740 of the Export
Administration Regulations (EAR). The amendatory instruction stated
that the country, Mexico, was being added to Country Group A when, in
fact, it should have indicated that the existing Country Group A entry
for Mexico was being revised to include Mexico in Country Group A:4
(Nuclear Suppliers Group). At the time that BIS's August 7, 2014, final
rule was published, Mexico was already listed in Country Group A
(specifically, under Country Group A:3--Australia Group), as a result
of an amendment contained in a final rule that BIS published on March
26, 2014 (79 FR 16664).
As a result of the amendment made by this final rule, Supplement
No. 1 to part 740 of the EAR now lists Mexico under both Country Group
A:3 (Australia Group) and Country Group A:4 (Nuclear Suppliers Group).
With the addition of Croatia, Estonia, Iceland, Lithuania, Malta and
Serbia to Country Group A:4 (by the August 7, 2014, final rule) and
Mexico (by this final rule), all of the countries whose governments
participate in the NSG, except the People's Republic of China, are now
listed in Country Group A:4.
Control of Radiation-hardened TV cameras under ECCN 6A203.
The August 7, 2014, final rule also inadvertently omitted intended
control language from the amendments to Export Control Classification
Number (ECCN) 6A203. Specifically, the August 7, 2014, final rule
inadvertently omitted from the List of Items Controlled under ECCN
6A203 certain radiation-hardened TV cameras and lenses therefor that
were controlled under ECCN 6A203.c prior to the amendments made by that
final rule. This final rule amends ECCN 6A203 to add these items under
a new paragraph .d. In addition, this rule adds a related Technical
Note immediately following ECCN 6A203.d. As a result of this amendment,
ECCN 6A203.d controls ``radiation-hardened TV cameras, or lenses
therefor, `specially designed' or rated as radiation hardened to
withstand a total radiation dose greater than 50 x 10\4\ Gy (silicon)
without operational degradation.''
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any 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 Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has been approved by OMB under Control Number
0694-0088 (Multi-Purpose Application), which carries a burden hour
estimate of 58 minutes to prepare and submit form BIS-748. Send
comments regarding this burden estimate or any other aspect of this
collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (See 5 U.S.C. 553(a)(1)). The changes
contained in this rule are technical amendments of a previously
published rule that has already been exempted from notice and comment
and delay in effective date provisions, because the content of the
August 7, 2014, final rule involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). The amendments
contained in this final rule are essential to ensuring the accurate and
complete implementation of the
[[Page 52960]]
August 7, 2014, final rule. Therefore, this regulation is issued in
final form.
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. Therefore, no regulatory flexibility analysis is
required and none has been prepared.
List of Subjects
15 CFR Part 740
Administrative practice and procedure, Exports, Foreign trade,
Reporting and recordkeeping requirements.
15 CFR Part 774
Exports, Foreign trade, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 740 and 774 of the
Export Administration Regulations (15 CFR parts 730-774) are amended by
making the following correcting amendments.
PART 740--[AMENDED]
0
1. The authority citation for 15 CFR Part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 7201 et seq.; 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 7, 2014, 79 FR 46959 (August 11, 2014).
0
2. In Supplement No. 1 to Part 740, Country Groups, Country Group A is
amended by revising the entry for ``Mexico'' to read as follows:
Supplement No. 1 to Part 740--Country Groups
[Country group A]
----------------------------------------------------------------------------------------------------------------
[A:2] Missile
Country [A:1] technology [A:3] Australia [A:4] Nuclear [A:5] [A:6]
control regime group suppliers group
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Mexico............................. ....... .............. X X ....... .......
* * * * * * *
----------------------------------------------------------------------------------------------------------------
PART 774--[AMENDED]
0
3. The authority citation for 15 CFR Part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 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; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 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 7, 2014, 79 FR 46959 (August 11, 2014).
0
4. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6 Sensors and Lasers, ECCN 6A203 is amended by adding a new
paragraph .d and a Technical Note at the end of the ``Items''
paragraph, under the List of Items Controlled section, to read as
follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
6A203 High-speed cameras, imaging devices and ``components''
therefor, other than those controlled by 6A003 (see List of Items
Controlled).
* * * * *
List of Items Controlled
Related Controls: * * *
Related Definitions: * * *
Items:
* * * * *
d. Radiation-hardened TV cameras, or lenses therefor,
``specially designed'' or rated as radiation hardened to withstand a
total radiation dose greater than 50 x 10\4\ Gy (silicon) without
operational degradation.
Technical Note: The term Gy (silicon) refers to the energy in
Joules per kilogram absorbed by an unshielded silicon sample when
exposed to ionizing radiation.
* * * * *
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-21209 Filed 9-4-14; 8:45 am]
BILLING CODE 3510-33-P