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[Federal Register Volume 79, Number 172 (Friday, September 5, 2014)]
[Rules and Regulations]
[Pages 52958-52960]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21209]

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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.

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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 
JasmeetK.Seehra@omb.eop.gov, 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
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