65292 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 

(i) State that the troubled institution 

is reasonably assured that the affiliated 

party has not engaged in any of the 

actions listed in § 1231.3(e)(1)(i) through 

(iv), or, 

(ii) If the troubled institution is not 

reasonably assured that the affiliated 

party has not engaged in any of the 

actions listed in § 1231.3(e)(1)(i) through 

(iv) but nonetheless wishes to request 

consent, describe the results of its due 

diligence and, in light of those results, 

the reason why consent to the 

agreement or payment should be 

granted. 

(d) FHFA decision on a request. FHFA 

shall provide the troubled institution 

with written notice of the decision on a 

request as soon as practicable after it is 

rendered. 

(e) Content of notice to FHFA. A 

notice pursuant to § 1231.3(e)(3) must: 

(1) Be in writing; 

(2) Identify the affiliated party who 

would receive or be eligible to receive 

payment; 

(3) Include a copy of any agreement 

or policy regarding the subject matter of 

the request; and 

(4) State each reason why the troubled 

institution cannot meet the standard set 

forth in § 1231.3(e)(2). 

(f) Waiver of form or content 

requirements. FHFA may waive or 

modify any requirement related to the 

form or content of a request or notice, 

in circumstances deemed appropriate by 

FHFA. 

(g) Additional information. FHFA 

may request additional information at 

any time during the processing of the 

request or after receiving a notice. 

Dated: December 14, 2018. 

Melvin L. Watt, 

Director, Federal Housing Finance Agency. 

[FR Doc. 2018–27564 Filed 12–19–18; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 180918851–8851–01] 

RIN 0694–AH64 

Control of Military Electronic 

Equipment and Other Items the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML); 

Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) by 

correcting two entries on the Commerce 

Control List (CCL) that control Global 

Navigation Satellite Systems (GNSS) 

receiving equipment. It was brought to 

BIS’ attention that it did not implement 

controls over items that no longer 

warrant control under the United States 

Munitions List (USML) in a previous 

published rule. This rule corrects that 

error. BIS estimates that there will be 12 

license applications submitted to BIS 

annually as a result of this rule. 

DATES: Effective date: This rule is 

effective: December 20, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Dennis Krepp, Office of National 

Security and Technology Transfer 

Controls, (202) 482–1309, 

dennis.krepp@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 12, 2016, the Bureau of 

Industry and Security (BIS) published a 

rule in the Federal Register entitled 

‘‘Revisions to the Export Administration 

Regulations (EAR): Control of Fire 

Control, Laser, Imaging, and Guidance 

Equipment the President Determines No 

Longer Warrant Control Under the 

United States Munitions List (USML)’’ 

(81 FR 70320). This rule added to the 

Commerce Control List military 

electronics and related items the 

President determined no longer warrant 

control under the United States 

Munitions List (USML) of the 

International Traffic in Arms 

Regulations (ITAR) (22 CFR 120–130). 

BIS published the rule simultaneously 

with a Department of State rule that 

amended the list of articles controlled 

by USML Category XII (22 CFR 121.1) to 

control only those articles the President 

had determined warrant control in that 

category of the USML (81 FR 70340). 

The BIS rule was supposed to change 

the License Requirement section of 

Export Control Classification Number 

(ECCN) 7A005 to modify the CCL to 

cover 7A005.b, Global Navigation 

Satellite Systems (GNSS) receiving 

equipment employing ‘adaptive antenna 

systems’. This equipment was removed 

from the USML. However, BIS 

inadvertently did not update the CCL as 

intended. The revisions described below 

provide that this equipment is covered 

by 7A005.b, and that items otherwise 

subject to 7A005.a are subject to the 

ITAR. In order to more clearly 

distinguish the national security 

controlled items from the missile 

technology controlled items in ECCN 

7A005, BIS is fully listing the MTCR 

item 11.A.3 in the CCL under ECCN 

7A105. Some of the items that this rule 

lists in ECCN 7A105 would be fully or 

partially subject to the ITAR were they 

not listed on the CCL. Therefore, it is 

very important for the public to employ 

the order of review principles found in 

Supplement No. 4 to part 774 of the 

EAR to classify their item correctly. 

Revision to ECCN 7A005 

This correction rule amends the 

License Requirements section of ECCN 

7A005. The first amendment removes 

the text ‘‘These items are ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 

130).’’ and adds in its place ‘‘Reason for 

Control: NS, MT and AT’’. The second 

amendment adds a License 

Requirements table to indicate a license 

requirement for national security (NS) 

reasons for the export or reexport of 

items listed in ECCN 7A005.b to all 

countries that have an ‘‘X’’ in NS 

Column 1 on the Commerce Country 

Chart (see Supplement No. 1 to part 738 

of the EAR), i.e., all countries, except 

Canada. The table also includes a 

license requirement for anti-terrorism 

(AT) reasons for the export or reexport 

of such items to countries that have an 

‘‘X’’ in AT Column 1 of the Commerce 

Country Chart and for countries for 

which the EAR indicates a license 

requirement in a referenced section of 

the EAR on the Commerce Country 

Chart. Missile Technology (MT) controls 

are also added to the License 

Requirements table for ECCN 7A005.b 

items that meet or exceed the 

parameters of ECCN 7A105 when 

exported or reexported to countries that 

have an ‘‘X’’ in MT Column 1 of the 

Commerce Country Chart. 

This rule also adds a License 

Exception section; however, no list 

based license exceptions will be 

available for this item. Transactionbased license exceptions or License 

Exception STA may be available if the 

transaction meets the criteria for any of 

those license exceptions in part 740 of 

the EAR. 

The Related Control paragraph in 

ECCN 7A005 is also amended. This rule 

adds a reference to ECCN 7A611 in 

paragraph (1) and revises the sentence 

in paragraph (1) to improve readability. 

It also replaces the current text of 

paragraph (2) (‘‘(2) See USML Category 

XII(d) for GNSS receiving equipment 

subject to the ITAR.’’) with the 

following text: ‘‘See USML Category 

XII(d) for GNSS receiving equipment 

subject to the ITAR and USML Category 

XI(c)(10) for antennae that are subject to 

the ITAR.’’ Lastly, it adds paragraph (3) 

to read as follows, ‘‘(3) 7A005.a is 


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Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 65293 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130).’’ 

Revisions to ECCN 7A105 

This rule revises the Heading of ECCN 

7A105 by moving the parameter to the 

Items paragraph in the List of Items 

Controlled section, and adding a 

reference to the List of Items Controlled 

section for the parameters. This rule 

replaces Related Control Note 2 with 

three more specific Related Control 

Notes. The MTCR Annex item 11.A.3 

parameters are added to the Items 

paragraph of the List of Items Controlled 

section of ECCN 7A105. See the 

background section of the preamble for 

BIS’s rationale. 

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) (Title XVII, Subtitle B of Pub. L. 

115–232) that provides the legal basis 

for BIS’s principal authorities and 

serves as the authority under which BIS 

issues this rule. As set forth in Section 

1768 of ECRA, all delegations, rules, 

regulations, orders, determinations, 

licenses, or other forms of 

administrative action that have been 

made, issued, conducted, or allowed to 

become effective under the Export 

Administration Act of 1979 (50 U.S.C. 

4601 et seq.) (as in effect prior to August 

13, 2018 and as continued in effect 

pursuant to the International Emergency 

Economic Powers Act (50 U.S.C. 1701 et 

seq.) and Executive Order 13222 of 

August 17, 2001, 3 CFR, 2001 Comp., p. 

783 (2002), as amended by Executive 

Order 13637 of March 8, 2013, 78 FR 

16129 (March 13, 2013), and as 

extended by the Notice of August 8, 

2018, 83 FR 39871 (August 13, 2018)), 

or the Export Administration 

Regulations, and are in effect as of 

August 13, 2018, shall continue in effect 

according to their terms until modified, 

superseded, set aside, or revoked under 

the authority of ECRA. 

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 not been designated a ‘‘significant 

regulatory action,’’ under section 3(f) of 

Executive Order 12866. This rule is not 

an Executive Order 13771 regulatory 

action because this rule is not 

significant under Executive Order 

12866. 

2. Pursuant to Section 1762 of the 

Export Control Reform Act of 2018 

(Title XVII, Subtitle B of Pub. L. 115– 

232), which was included in the John S. 

McCain National Defense Authorization 

Act for Fiscal Year 2019, 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. 

The analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et. seq.) are not applicable because no 

general notice of proposed rulemaking 

was required for this action. 

Accordingly, no regulatory flexibility 

analysis is required, and none has been 

prepared. 

3. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is 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 collections previously 

approved by OMB under the following 

control numbers: 0694–0088, 0694– 

0122, 0694–0134, and 0694–0137. 

4. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

13132. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730 through 774) is amended as 

follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for part 774 

continues to read as follows: 

Authority: Pub. L. 115–232, Title XVII, 

Subtitle B; 50 U.S.C. 4601 et seq.; 50 U.S.C. 

1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 

U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 

58767, 3 CFR, 1996 Comp., p. 228; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; Notice of August 8, 2018, 83 FR 39871 

(August 13, 2018). 

■ 2. In Supplement No. 1, Category 7, 

ECCN 7A005 is revised to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

7A005 Global Navigation Satellite Systems 

(GNSS) receiving equipment having any 

of the following (see List of Items 

Controlled) and ‘‘specially designed’’ 

‘‘components’’ therefor. 

License Requirements 

Reason for Control: NS, MT and AT 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to 

7A005.b.

NS Column 1 

MT applies to commodities in 

7A005.b that meet 

or exceed the parameters of 7A105.

MT Column 1 

AT applies to 

7A005.b.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See also ECCNs 7A105, 

7A611 and 7A994. Commercially available 

GNSS receivers do not typically employ 

decryption or adaptive antennae and are 

classified as 7A994. (2) See USML Category 

XII(d) for GNSS receiving equipment 

subject to the ITAR and USML Category 

XI(c)(10) for antennae that are subject to 

the ITAR. (3) Items that otherwise would 

be covered by ECCN 7A005.a are ‘‘subject 

to the ITAR’’ (see 22 CFR parts 120 through 

130). 

Related Definitions: N/A 

Items: 

a. Employing a decryption algorithm 

‘‘specially designed’’ or modified for 

government use to access the ranging code 

for position and time; or 

b. Employing ‘adaptive antenna systems’. 

Note: 7A005.b does not apply to GNSS 

receiving equipment that only uses 

‘‘components’’ designed to filter, switch, or 

combine signals from multiple omnidirectional antennas that do not implement 

adaptive antenna techniques. 

Technical Note: For the purposes of 

7A005.b ‘adaptive antenna systems’ 

dynamically generate one or more spatial 

nulls in an antenna array pattern by signal 

processing in the time domain or frequency 

domain. 

■ 3. In Supplement No. 1, Category 7, 

ECCN 7A105 is revised to read as 

follows: 

7A105 Receiving equipment for ‘navigation 

satellite systems’, having any of the 

following characteristics (see List of 


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65294 Federal Register / Vol. 83, No. 244 / Thursday, December 20, 2018 / Rules and Regulations 

Items Controlled), and ‘‘specially 

designed’’ ‘‘parts’’ and ‘‘components’’ 

therefor. 

License Requirements 

Reason for Control: MT, AT 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

MT applies to entire 

entry.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See also 7A005, 7A611 

and 7A994. (2) See USML Category XII(d) 

for GNSS receiving equipment subject to 

the ITAR and USML Category XI(c)(10) for 

antennae that are subject to the ITAR. (3) 

Items that otherwise would be covered by 

ECCN 7A105.b.2 are ‘‘subject to the ITAR’’ 

(see 22 CFR parts 120 through 130). (4) See 

USML Category XII(d) for GPS receiving 

equipment in 7A105.a, b.1 and b.3 that are 

subject to the ITAR. 

Related Definitions: ‘Navigation satellite 

systems’ include Global Navigation 

Satellite Systems (GNSS; e.g. GPS, 

GLONASS, Galileo or BeiDou) and 

Regional Navigation Satellite Systems 

(RNSS; e.g. NavIC, QZSS). 

Items: 

a. Designed or modified for use in 

‘‘missiles’’; or 

b. Designed or modified for airborne 

applications and having any of the following: 

b.1. Capable of providing navigation 

information at speeds in excess of 600 m/s; 

b.2. Employing decryption, designed or 

modified for military or governmental 

services, to gain access to a ‘navigation 

satellite system’ secure signal/data; or 

b.3. Being ‘‘specially designed’’ to employ 

anti-jam features (e.g., null steering antenna 

or electronically steerable antenna) to 

function in an environment of active or 

passive countermeasures. 

Note: 7A105.b.2 and 7A105.b.3 do not 

control equipment designed for commercial, 

civil or Safety of Life (e.g., data integrity, 

flight safety) ‘navigation satellite system’ 

services. 

* * * * * 

Dated: December 17, 2018. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2018–27542 Filed 12–19–18; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2000–N–0011] 

Uniform Compliance Date for Food 

Labeling Regulations 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

establishing January 1, 2022, as the 

uniform compliance date for food 

labeling regulations that are published 

on or after January 1, 2019, and on or 

before December 31, 2020. We 

periodically announce uniform 

compliance dates for new food labeling 

requirements to minimize the economic 

impact of label changes. 

DATES: This rule is effective December 

20, 2018. Submit electronic or written 

comments by February 19, 2019. 

ADDRESSES: You may submit comments 

as follows: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 

Instructions: All submissions received 

must include the Docket No. FDA– 

2000–N–0011 for ‘‘Uniform Compliance 

Date for Food Labeling Regulations.’’ 

Received comments, those filed in a 

timely manner (see ADDRESSES), will be 

placed in the docket and, except for 

those submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

a.m. and 4 p.m., Monday through 

Friday. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ We 

will review this copy, including the 

claimed confidential information, in our 

consideration of comments. The second 

copy, which will have the claimed 

confidential information redacted/ 

blacked out, will be available for public 

viewing and posted on https://

www.regulations.gov. Submit both 

copies to the Dockets Management Staff. 

If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://www.gpo.gov/ 

fdsys/pkg/FR-2015-09-18/pdf/2015- 

23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 


khammond on DSK30JT082PROD with RULES