458 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

website through a single web page 

portal; and 

(2) State clearly and prominently on 

its web page portal that guidance 

documents lack the force and effect of 

law, except as authorized by law or as 

incorporated into a contract. 

(g) Rescinded Guidance Documents. 

All guidance documents, as defined in 

this Part, that are not made available 

through DOE’s website portal as 

described in paragraph (f) of this section 

shall be deemed rescinded, unless and 

until DOE subjects such guidance 

documents to the procedures of this 

section. Except for the purposes of 

establishing historical facts, DOE shall 

not cite, use, or rely upon rescinded 

guidance documents unless and until 

DOE subjects such guidance documents 

to the procedures of this section. 

§ 1061.4 Petitions for withdrawal or 

modification of guidance documents. 

(a) Filing a petition. Any person may 

petition DOE to withdraw or modify a 

guidance document. The petition must 

be addressed to the Office of the General 

Counsel, Attention: Petition for 

Modification or Withdrawal of 

Guidance Document, and either: 

(1) Sent by mail addressed to: 

Forrestal Building, U.S. Department of 

Energy, 1000 Independence Avenue 

SW, Washington, DC 20585; 

(2) Sent by email to Guidance@

hq.doe.gov; or 

(3) Hand delivered to DOE at 1000 

Independence Avenue SW, Washington, 

DC 20585. 

(b) Content of petition. For each 

petition filed under this section, the 

petitioner must: 

(1) Specify the petitioner’s: 

(i) Name, or if the petitioner is an 

organization, the name of the 

organization and the name and 

authority of the individual who signed 

the petition on behalf of the 

organizational or corporate petitioner; 

(ii) Telephone number; 

(iii) Mailing address; and 

(iv) Email address (if available). 

(2) Identify the guidance document to 

be withdrawn or modified; and 

(3) Be signed by the petitioner or 

authorized representative. 

(c) Additional information. To assist 

DOE in responding appropriately to the 

petition, a petitioner should also: 

(1) Present any specific problems or 

issues that the petitioner believes are 

associated with the guidance document, 

including any specific circumstances in 

which the guidance document is 

incorrect, incomplete, obsolete, or 

inadequate; 

(2) Present any proposed solution to 

either modify or withdraw the guidance 

document, including a discussion of 

how the petitioner’s proposed solution 

resolves the issues identified under 

paragraph (c)(1) of this section; 

(3) In the case of a petition for 

modification of a guidance document, 

specify any modifications to the text of 

the document that petitioner seeks; 

(4) Cite, enclose, or reference 

technical, scientific, or other data or 

information supporting the petitioner’s 

assertions under paragraphs (c)(1) and 

(2) of this section. 

(d) Public comment. DOE shall 

publish a petition for modification or 

withdrawal of a guidance document and 

supporting documentation in the 

Federal Register, and provide 

opportunity for public comment. DOE 

may dispense with the notice and 

comment procedures in this paragraph 

where DOE finds for good cause that 

notice and public comment are 

impracticable, unnecessary, or contrary 

to the public interest, or where 

exigency, safety, health, or other 

compelling cause warrants an 

exemption from the notice and 

comment procedures in this paragraph. 

DOE shall incorporate such finding and 

a brief statement of the reasons for such 

finding into its decision on the petition. 

(e) Confidential business information. 

In accordance with the provisions set 

forth in 10 CFR 1004.11, any request for 

confidential treatment of any 

information contained in a petition for 

modifying or withdrawing a guidance 

document, or in supporting 

documentation, must be accompanied 

by a copy of the petition or supporting 

documentation from which the 

information claimed to be confidential 

has been deleted. DOE shall publish in 

the Federal Register the petition and 

supporting documents from which 

confidential information, as determined 

by DOE, has been deleted in accordance 

with 10 CFR 1004.11. 

(f) Disposition of petition. DOE shall 

determine the appropriate disposition of 

a petition after consideration of the 

petition and any supporting documents 

received, as well as any public comment 

received on the petition, within 90 days 

of DOE’s publication in the Federal 

Register of such petition, to the 

maximum extent practicable. 

(g) Exhaustion of administrative 

remedies. Before any DOE action under 

this part is final, a person must exhaust 

his or her administrative remedies. To 

exhaust administrative remedies under 

this part, a person must: 

(1) Avail himself or herself of the 

procedures in this section; and 

(2) Receive a final disposition from 

DOE in accordance with paragraph (f) of 

this section. 

[FR Doc. 2020–27875 Filed 1–5–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2020–1168; Project 

Identifier AD–2020–01568–E; Amendment 

39–21379; AD 2021–01–03] 

RIN 2120–AA64 

Airworthiness Directives; International 

Aero Engines AG Turbofan Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

International Aero Engines AG (IAE) 

V2500–A1, V2522–A5, V2524–A5, 

V2525–D5, V2527–A5, V2527E–A5, 

V2527M–A5, V2528–D5, V2530–A5, 

V2531–E5, and V2533–A5 model 

turbofan engines. This AD was 

prompted by a root cause analysis of an 

event involving an uncontained failure 

of a high-pressure turbine (HPT) 1ststage disk that resulted in high-energy 

debris penetrating the engine cowling. 

This AD requires removing certain HPT 

1st-stage and HPT 2nd-stage disks from 

service. The FAA is issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective January 21, 

2021. 

The FAA must receive comments on 

this AD by February 22, 2021. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

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

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 459 

searching for and locating Docket No. 

FAA–2020–1168; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

final rule, any comments received, and 

other information. The street address for 

the Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: 

Nicholas Paine, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 

District Avenue, Burlington, MA 01803; 

phone: (781) 238–7116; fax: (781) 238– 

7199; email: nicholas.j.paine@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 18, 2020, an Airbus Model 

A321–231 airplane, powered by IAE 

V2533–A5 model turbofan engines, 

experienced an uncontained HPT 1ststage disk failure that resulted in highenergy debris penetrating the engine 

cowling. Based on a preliminary 

analysis of this event, on March 21, 

2020, the FAA issued Emergency AD 

2020–07–51, which requires the 

removal from service of certain HPT 1ststage disks installed on IAE V2522–A5, 

V2524–A5, V2525–D5, V2527–A5, 

V2527E–A5, V2527M–A5, V2528–D5, 

V2530–A5, and V2533–A5 model 

turbofan engines. 

Since the FAA issued AD 2020–07– 

51, the manufacturer conducted a root 

cause analysis and identified a different 

population of HPT 1st-stage and HPT 

2nd-stage disks that are affected by the 

unsafe condition and require removal 

from service. This condition, if not 

addressed, could result in failure of the 

HPT, uncontained HPT failure, damage 

to the engine, damage to the airplane, 

and loss of the airplane. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

FAA’s Determination 

The FAA is issuing this AD because 

the agency has determined the unsafe 

condition described previously is likely 

to exist or develop in other products of 

the same type design. 

AD Requirements 

This AD requires the removal from 

service of certain HPT 1st-stage and 

HPT 2nd-stage disks installed on IAE 

V2500–A1, V2522–A5, V2524–A5, 

V2525–D5, V2527–A5, V2527E–A5, 

V2527M–A5, V2528–D5, V2530–A5, 

V2531–E5, and V2533–A5 model 

turbofan engines. 

Interim Action 

The design approval holder is 

currently developing a modification to 

address the unsafe condition identified 

in this AD. Once this modification is 

developed, the FAA might consider 

additional rulemaking. 

Justification for Immediate Adoption 

and Determination of the Effective Date 

Section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 551 et seq.) authorizes agencies 

to dispense with notice and comment 

procedures for rules when the agency, 

for ‘‘good cause,’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without providing notice and 

seeking comment prior to issuance. 

Further, section 553(d) of the APA 

authorizes agencies to make rules 

effective in less than thirty days, upon 

a finding of good cause. 

An unsafe condition exists that 

requires the immediate adoption of this 

AD without providing an opportunity 

for public comments prior to adoption. 

The FAA has found that the risk to the 

flying public justifies foregoing notice 

and comment prior to adoption of this 

rule. On March 18, 2020, an Airbus 

Model A321–231 airplane, powered by 

IAE V2533–A5 model turbofan engines, 

experienced an uncontained HPT 1ststage disk failure that resulted in an 

aborted takeoff. The uncontained failure 

of the HPT 1st-stage disk resulted in 

high-energy debris penetrating the 

engine cowling. The FAA published 

Emergency AD (EAD) 2020–07–51 on 

March 21, 2020 (followed by 

publication in the Federal Register on 

April 13, 2020, as a Final Rule, Request 

for Comments (85 FR 20402)), to remove 

from service HPT 1st-stage disks 

identified as having the highest risk of 

failure. Based on the root cause analysis 

performed since that event, the 

manufacturer has identified a different 

population of affected HPT 1st-stage and 

HPT 2nd-stage disks that are affected by 

the same unsafe condition and require 

removal from service. These HPT disks 

have the highest risk of failure and 

require removal within 50 flight cycles 

or 30 days after the effective date of this 

AD, whichever comes first, to prevent 

additional HPT disk failures and 

maintain an acceptable level of safety. 

This unsafe condition may result in loss 

of the airplane. 

The FAA considers removal of certain 

HPT 1st-stage and HPT 2nd-stage disks 

to be an urgent safety issue. 

Accordingly, notice and opportunity for 

prior public comment are impracticable 

and contrary to the public interest 

pursuant to 5 U.S.C. 553(b)(3)(B). In 

addition, the FAA finds that good cause 

exists pursuant to 5 U.S.C. 553(d) for 

making this amendment effective in less 

than 30 days, for the same reasons the 

FAA found good cause to forego notice 

and comment. 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include the docket number FAA–2020– 

1168 and Project Identifier AD–2020– 

01568–E at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the final 

rule, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this final rule 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https:// 

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to this AD contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to this AD, 

it is important that you clearly designate 

the submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and they 

will not be placed in the public docket 

of this AD. Submissions containing CBI 

should be sent to Nicholas Paine, 

Aviation Safety Engineer, ECO Branch, 

FAA, 1200 District Avenue, Burlington, 

MA 01803. Any commentary that the 

FAA receives which is not specifically 

designated as CBI will be placed in the 

public docket for this rulemaking. 

Regulatory Flexibility Act 

The requirements of the Regulatory 

Flexibility Act (RFA) do not apply when 

an agency finds good cause pursuant to 

5 U.S.C. 553 to adopt a rule without 

prior notice and comment. Because FAA 

has determined that it has good cause to 

adopt this rule without prior notice and 

comment, RFA analysis is not required. 


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460 Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 

Costs of Compliance 

The FAA estimates that this AD 

affects 4 engines installed on airplanes 

of U.S. registry. 

The FAA estimates the following 

costs to comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on U.S. 

operators 

Remove HPT 1st-stage or HPT 2nd-stage disk from 

service.

92 work-hours × $85 per hour = 

$7,820.

$300,000 $307,820 $1,231,280 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. Subtitle VII: 

Aviation Programs describes in more 

detail the scope of the Agency’s 

authority. 

The FAA is issuing this rulemaking 

under the authority described in 

Subtitle VII, Part A, Subpart III, Section 

44701: General requirements. Under 

that section, Congress charges the FAA 

with promoting safe flight of civil 

aircraft in air commerce by prescribing 

regulations for practices, methods, and 

procedures the Administrator finds 

necessary for safety in air commerce. 

This regulation is within the scope of 

that authority because it addresses an 

unsafe condition that is likely to exist or 

develop on products identified in this 

rulemaking action. 

Regulatory Findings 

This AD will not have federalism 

implications under Executive Order 

13132. This AD will not have a 

substantial direct effect on the States, on 

the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

(1) Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866, 

and 

(2) Will not affect intrastate aviation 

in Alaska. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive: 

2021–01–03 International Aero Engines 

AG: Amendment 39–21379; Docket No. 

FAA–2020–1168; Project Identifier AD– 

2020–01568–E. 

(a) Effective Date 

This airworthiness directive (AD) is 

effective January 21, 2021. 

(b) Affected ADs 

None. 

(c) Applicability 

This AD applies to International Aero 

Engines AG (IAE) V2500–A1, V2522–A5, 

V2524–A5, V2525–D5, V2527–A5, V2527E– 

A5, V2527M–A5, V2528–D5, V2530–A5, 

V2531–E5, and V2533–A5 model turbofan 

engines with an installed: 

(1) High-pressure turbine (HPT) 1st-stage 

disk, part number (P/N) 2A5001, with a serial 

number (S/N) listed in Figure 1 to paragraph 

(c) of this AD; or 

(2) HPT 2nd-stage disk, P/N 2A4802 or 

2A1202, with an S/N listed in Figure 2 to 

paragraph (c) of this AD. 

Figure 1 to Paragraph (c)—HPT 1st-Stage 

Disks, P/N 2A5001 

HPT 1st-Stage Disk S/N 

PKLBMR8122 

PKLBN95688 

PKLBPD1563 

PKLBR09920 

PKLBR16496 

PKLBR19225 

PKLBR25636 

PKLBR28076 

PKLBR34562 

PKLBR52354 

PKLBR69530 

PKLBR82479 

PKLBRJ9427 

PKLBRN5510 

PKLBRT5081 

PKLBRU7299 

PKLBRW8547 

PKLBRW9395 

PKLBSJ7141 

PKLBSM8377 

Figure 2 to Paragraph (c)—HPT 2nd-Stage 

Disks, P/N 2A4802 or 2A1202 

HPT 2nd-Stage Disk S/N 

PKLBJ09996 

PKLBJ13601 

PKLBJ80883 

PKLBKL8627 

PKLBLJ9333 

PKLBP87124 

PKLBPY9696 

PKLBSL8699 

(d) Subject 

Joint Aircraft System Component (JASC) 

Code 7250, Turbine Section. 

(e) Unsafe Condition 

This AD was prompted by an analysis 

performed by the manufacturer of an event 

involving an uncontained failure of an HPT 

1st-stage disk that resulted in high-energy 

debris penetrating the engine cowling. The 

FAA is issuing this AD to prevent failure of 

the HPT 1st-stage and HPT 2nd-stage disks. 

The unsafe condition, if not addressed, could 

result in uncontained HPT disk failure, 

damage to the engine, damage to the airplane, 

and loss of the airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Actions 

(1) For IAE model turbofan engines with an 

HPT 1st-stage disk, P/N 2A5001, with a S/N 

listed in Figure 1 to paragraph (c) of this AD, 

within 50 flight cycles or 30 days after the 

effective date of this AD, whichever comes 

first, remove the HPT 1st-stage disk from 

service. 

(2) For IAE model turbofan engines with an 

HPT 2nd-stage disk, P/N 2A4802 or 2A1202, 

with a S/N listed in Figure 2 to paragraph (c) 

of this AD, within 50 flight cycles or 30 days 

after the effective date of this AD, whichever 

comes first, remove the HPT 2nd-stage disk 

from service. 

(h) Installation Prohibition 

After the effective date of this AD, do not 

install onto any engine an HPT 1st-stage or 

HPT 2nd-stage disk with a P/N and S/N 

listed in paragraph (c) of this AD. 

(i) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, FAA, has 

the authority to approve AMOCs for this AD, 


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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations 461 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the certification office, 

send it to the attention of the person 

identified in Related Information. You may 

email your request to ANE-AD-AMOC@

faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(j) Related Information 

For more information about this AD, 

contact Nicholas Paine, Aviation Safety 

Engineer, ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: (781) 

238–7116; fax: (781) 238–7199; email: 

nicholas.j.paine@faa.gov. 

(k) Material Incorporated by Reference 

None. 

Issued on December 28, 2020. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2021–00053 Filed 1–5–21; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 201215–0342] 

RIN 0694–AH89 

Technical Amendments to the Export 

Administration Regulations: Export 

Control Classification Number 0Y521 

Series Supplement—Extension of 

Software Specially Designed To 

Automate the Analysis of Geospatial 

Imagery Classification 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule; technical 

amendment. 

SUMMARY: On January 6, 2020, the 

Bureau of Industry and Security (BIS) 

amended the Export Administration 

Regulations (EAR) to add Software 

Specially Designed to Automate the 

Analysis of Geospatial Imagery to the 

0Y521 Temporary Export Control 

Classification Numbers (ECCN) Series as 

0D521. In this action BIS extends that 

status for a year pursuant to the 0Y521 

series extension procedures. 

DATES: This rule is effective January 6, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Aaron Amundson, Director, Information 

Technology Division, Office of National 

Security and Technology Transfer 

Controls, at email Aaron.Amundson@

bis.doc.gov or by phone at (202) 482– 

5299. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 6, 2020, the Bureau of 

Industry and Security (BIS) amended 

the Export Administration Regulations 

(EAR) with an interim final rule to add 

Software Specially Designed to 

Automate the Analysis of Geospatial 

Imagery to the 0Y521 Temporary Export 

Control Classification Numbers (ECCN) 

Series as 0D521. More specifically, the 

software was described as Geospatial 

imagery ‘‘software’’ ‘‘specially 

designed’’ for training a Deep 

Convolutional Neural Network to 

automate the analysis of geospatial 

imagery and point clouds. See 85 FR 

459. 

BIS established the ECCN 0Y521 

series in a final rule published April 13, 

2012 (72 FR 22191) (hereinafter ‘‘April 

13 rule’’) to identify items that warrant 

control on the Commerce Control List 

(CCL) but are not yet identified in an 

existing ECCN. Items in the 0Y521 

series of ECCNs are added upon a 

determination by the Department of 

Commerce, with the concurrence of the 

Departments of Defense and State, and 

other agencies as appropriate, that the 

items warrant control for export because 

the items may provide a significant 

military or intelligence advantage to the 

United States or because foreign policy 

reasons justify control. The ECCN 

0Y521 series is a temporary holding 

classification. 

Under the procedures established in 

the April 13 rule and codified at 

§ 742.6(a)(8)(iii) of the EAR, items 

classified under ECCN 0Y521 remain so 

classified for one year from the date 

they are listed in supplement no. 5 to 

part 774 of the EAR, unless the items are 

re-classified under a different ECCN or 

the 0Y521 classification is extended. 

BIS may extend an item’s ECCN 

0Y521 classification for two one-year 

periods, provided that the U.S. 

Government has submitted a proposal to 

the relevant multilateral regime(s) (e.g., 

the Wassenaar Arrangement) to obtain 

multilateral controls over the item, with 

the understanding that multilateral 

controls are preferable when practical. 

Further extension beyond three years 

may occur only if the Under Secretary 

for Industry and Security makes a 

determination that such extension is in 

the national security or foreign policy 

interest of the United States. Any 

extension or re-extension of control of 

an ECCN 0Y521 item, including the 

determination by the Under Secretary, 

shall be published in the Federal 

Register. 

In this action, BIS extends the status 

of an item classified under a 0Y521 

ECCN for a year consistent with 

procedures that allow such an 

extension. Specifically, in this case the 

U.S. Government submitted a proposal 

for multilateral control of the 0D521 

software specially designed to automate 

the analysis of geospatial imagery, as 

described in the January 6, 2020 interim 

final rule, to the relevant multilateral 

regime (the Wassenaar Arrangement) in 

a timely manner, within the first year of 

the item’s 0D521 classification. 

However, due to the pandemic, the 

regime did not convene and therefore 

did not consider acceptance of the 

proposal. An extension of time is 

appropriate in order for the U.S. 

Government to continue its effort at the 

Wassenaar Arrangement in 2021. 

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) that 

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 interim final rule has 

been designated to be not significant for 

purposes of Executive Order 12866. The 

requirements of Executive Order 13771 

do not apply because the rule is not 

significant. 

2. 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 

OMB control number. This rule does not 

involve any collection of information. 


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