18814 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 

Country Entity License requirement License review 

policy Federal Register citation 

* * * * * * * 

Liberty House Trading LLC, a.k.a. 

the following two aliases: -Baet 

Alhoreya Electronics Trading; 

and -Baet Alhoreya, Apt #1811 

Manchester Tower, Dubai Marina, Dubai, U.A.E.; and PO 

Box 111831, Al Daghaya, 

Dubai, U.A.E.; and Dubai 

Shopping Center, Office 13, 

Dubai, U.A.E. 

For all items subject to the EAR. 

(See § 744.11 of the EAR).

Presumption of 

denial.

78 FR [INSERT FR PAGE NUMBER ] 3/28/13. 

* * * * * * * 

Moh Khoman, No. 405, Albakhit 

Centre, Abu-Bakr, AE-Dubai, 

U.A.E.; and P.O. Box 40150, Al 

Bakhit Centre, Messanine 

Floor, M–7, Deira, Dubai, 

U.A.E.; and Mezzanine Fl, No. 

M–7, Al Bakhit Centre, AbuBakr Rd, Deira, Dubai, U.A.E. 

For all items subject to the EAR. 

(See § 744.11 of the EAR).

Presumption of 

denial.

78 FR [INSERT FR PAGE NUMBER ] 3/28/13. 

Mohamad Javad, No. 405, 

Albakhit Centre, Abu-Bakr, AEDubai, U.A.E.; and P.O. Box 

40150, Al Bakhit Centre, 

Messanine Floor, M–7, Deira, 

Dubai, U.A.E.; and Mezzanine 

Fl, No. M–7, Al Bakhit Centre, 

Abu-Bakr Rd, Deira, Dubai, 

U.A.E. 

For all items subject to the EAR. 

(See § 744.11 of the EAR).

Presumption of 

denial.

78 FR [INSERT FR PAGE NUMBER ] 3/28/13. 

* * * * * * * 

Next Gulf Trading LLC, No. 75 

Noor Mohammed Taleb Building, Opposite to Ascot Hotel, 

Khaleed-bin-Valid Rd, Bur 

Dubai, Dubai, U.A.E.; and No. 

7 Noor Mohammad Taleb Bldg. 

Opp. Ascot Hotel Khalid Bin 

Rd, Dubai, U.A.E.; and No. 

705, Noor Mohammad Taleb 

Bldg, Bin Valid Road, Dubai, 

U.A.E.; and P.O. Box 122114, 

Dubai, U.A.E.; and P.O. 

111837, Dubai, U.A.E. 

For all items subject to the EAR. 

(See § 744.11 of the EAR).

Presumption of 

denial.

78 FR [INSERT FR PAGE NUMBER ] 3/28/13. 

* * * * * * * 

Dated: March 21, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–07135 Filed 3–27–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 121025585–3248–01] 

RIN 0694–AF73 

Amendment to the Export 

Administration Regulations: List of 

Items Classified Under Export Control 

Classification 0Y521 Series— 

Biosensor Systems 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: In this interim final rule, the 

Bureau of Industry and Security (BIS) 

amends the Export Administration 

Regulations (EAR) to make certain items 

subject to the EAR and to impose on 

those items a license requirement for 

export and reexport to all destinations, 

except Canada. Specifically, this rule 

classifies specified biosensor systems, 

‘‘software’’ and ‘‘technology’’ under 

Export Control Classification Numbers 

(ECCNs) 0A521, 0D521 and 0E521, 

respectively, on the Commerce Control 

List (CCL). As described in the final rule 

that established the 0Y521 series and 

that was published in the Federal 

Register on April 13, 2012 (77 FR 

22191), items are added to the 0Y521 

series upon a determination by the 

Department of Commerce, with the 

concurrence of the Departments of 

Defense and State, that the items should 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 18815 

be controlled for export because the 

items provide at least a significant 

military or intelligence advantage to the 

United States or foreign policy reasons 

justify control. The items identified in 

this rule are controlled for regional 

stability (RS) Column 1 reasons. The 

only license exception available for 

these items is for official use by 

personnel and agencies of the U.S. 

Government. 

DATES: This rule is effective March 28, 

2013. Comments must be received by 

May 28, 2013. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. The identification 

number for this rulemaking is BIS– 

2013–0007. 

• By email directly to: 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF73 in the subject line. 

• By mail or delivery to Regulatory 

Policy Division, Bureau of Industry and 

Security, U.S. Department of Commerce, 

Room 2099B, 14th Street and 

Pennsylvania Avenue NW., Washington, 

DC 20230. Refer to RIN 0694–AF73. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Sangine, Director, Chemical 

and Biological Controls Division, Office 

of Nonproliferation and Treaty 

Compliance by phone at (202) 482–3343 

or by email at 

Elizabeth.Scottsangine@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

BIS established the ECCN 0Y521 

series to identify items that warrant 

control on the CCL but are not yet 

identified in an existing ECCN. Items 

are added to the ECCN 0Y521 series by 

the Department of Commerce, with the 

concurrence of the Departments of 

Defense and State, upon a determination 

that an item should be controlled 

because it provides at least a significant 

military or intelligence advantage to the 

United States or because foreign policy 

reasons justify such control. The ECCN 

0Y521 series is a temporary holding 

classification equivalent to United 

States Munitions List (USML) Category 

XXI (Miscellaneous Articles) in part 121 

of the International Traffic in Arms 

Regulations, but with a limitation that 

while an item is temporarily classified 

under ECCN 0Y521, the U.S. 

Government works to adopt a control 

through the relevant multilateral 

regime(s), to determine an appropriate 

longer-term control over the item, or 

that the item does not warrant control 

on the CCL. 

Items classified under ECCN 0Y521, 

including the items identified in this 

interim final rule as 0A521, 0D521 and 

0E521 items, remain so-classified for 

one year from the date a final rule 

identifying the item is published in the 

Federal Register amending the EAR, 

unless the item is re-classified under a 

different ECCN, under an EAR99 

designation, or the 0Y521 classification 

is extended. During this time, the U.S. 

Government determines whether it is 

appropriate to submit a proposed 

control to the applicable export control 

regime (e.g., the Australia Group) for 

potential multilateral control, with the 

understanding that multilateral controls 

are preferable when practical. An item’s 

ECCN 0Y521 classification may be 

extended for two one-year periods to 

provide time for the U.S. Government 

and multilateral regime(s) to reach 

agreement on controls for the item, and 

provided that the U.S. Government has 

submitted a proposal to obtain 

multilateral controls over the item. 

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 

interests of the United States. An 

extension or re-extension, including a 

determination by the Under Secretary 

for Industry and Security, will be 

published in the Federal Register. 

License Requirements, Policies and 

Exceptions 

The license requirements and policies 

for the ECCNs 0Y521 series appear in 

§ 742.6(a)(7) of the EAR. ECCN 0Y521 

items are subject to a nearly worldwide 

license requirement (i.e., for every 

country except Canada) with a case-bycase license review policy, through 

regional stability (RS Column 1) 

controls. The description and status of 

ECCN 0Y521 items appear in 

Supplement No. 5 to part 774 of the 

EAR, along with any item-specific 

license exceptions, where applicable. 

Unless otherwise indicated, License 

Exception GOV is applicable to all 

ECCN 0Y521 series items, including 

those items identified in this notice, if 

the item is within the scope of 

§ 740.11(b)(2)(ii) (Items for official use 

by personnel and agencies of the U.S. 

Government), as provided in 

§ 740.2(a)(14). License Exception GOV is 

the only license exception that can be 

used for the items identified in this 

interim final rule. 

Addition of ECCN 0A521, 0D521 and 

0E521 Items 

In this rule, BIS amends the EAR to 

make specified biosensor systems, and 

related ‘‘software,’’ and ‘‘technology’’ 

subject to the EAR and impose license 

requirements on these items. These 

items are being added to the 0Y521 

series pursuant to a determination by 

the Department of Commerce, with the 

concurrence of the Departments of State 

and Defense, that these items should be 

controlled because they provide a 

significant military or intelligence 

advantage to the United States or 

because foreign policy reasons justify 

such controls. The specified biosensor 

systems, ‘‘software,’’ and ‘‘technology’’ 

are classified under ECCNs 0A521, 

0D521 and 0E521, respectively. A brief 

description of each of these items and 

ECCNs follows. 

ECCN 0A521 covers biosensor 

systems and dedicated detecting 

components capable of detecting certain 

aerosolized bioagents and having the 

following characteristics: capable of 

showing results in three minutes or less; 

containing an integrated bioaerosol 

collector and identifier; containing 

antibodies to the bioagents listed in the 

entry; and utilizing bioluminescence as 

a process. This entry also includes a 

Related Controls paragraph that 

differentiates ECCNs 1A004.c detection 

systems and 2B351 toxic gas monitoring 

systems and their dedicated detecting 

components controls on the CCL from 

0A521 Biosensor Systems. That 

paragraph also refers exporters to USML 

Category XIV(f)(2) for equipment for the 

detection, identification, warning or 

monitoring of biological agents that is 

subject to the licensing jurisdiction of 

the Department of State, Directorate of 

Defense Trade Controls. Finally, two 

Technical Notes are provided for this 

entry defining the term ‘dedicated’ and 

clarifying that the entry does not control 

biosensor systems that detect foodborne 

pathogens. 

0D521 is ‘‘Software’’ for the function 

of biosensor systems controlled by 

ECCN 0A521. 

0E521 is ‘‘Technology’’ for the 

‘‘development’’ or ‘‘production’’ of 

biosensor systems controlled by ECCN 

0A521. 

The technical descriptions and the 

status of the specified items appear in 

the table found in Supplement No. 5 to 

part 774 of the EAR. 

License Applications for the New ECCN 

0A521, 0D521 and 0E521 Items 

License applications for these items 

may be submitted through SNAP–R in 

accordance with § 748.6 of the EAR. 

Exporters are directed to include 

detailed descriptions and technical 

specifications with the license 

application, and identify the hardware 

as ECCN 0A521, the ‘‘software’’ as 

ECCN 0D521, and the ‘‘technology’’ as 

ECCN 0E521. 


srobinson on DSK4SPTVN1PROD with RULES
18816 Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 

This rule is being issued in interim 

final form because while the 

Government believes that it is in the 

national security interests of the United 

States to immediately implement these 

controls, it also wants to provide the 

interested public with an opportunity to 

comment to the Government on the 

ultimate nature of export controls on 

these items. 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as extended by the 

Notice of August 15, 2012, 77 FR 49699 

(August 16, 2012), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222. 

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 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 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 affects 

two approved collections: (1) The 

Simplified Network Application 

Processing + System (control number 

0694–0088), which carries a burden 

hour estimate of 43.8 minutes, including 

the time necessary to submit license 

applications, among other things, as 

well as miscellaneous and other 

recordkeeping activities that account for 

12 minutes per submission; and (2) 

License Exceptions and Exclusions 

(0694–0137). With these initial 0Y521 

series items, BIS does not believe that 

this rule will materially increase the 

number of submissions under these 

collections. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring prior notice, the 

opportunity for public comment and a 

delay in effective date are inapplicable 

because this regulation involves a 

military or foreign affairs function of the 

United States (See 5 U.S.C. 553(a)(1)). 

BIS, with the concurrence of the U.S. 

Departments of Defense and State, is 

implementing this rule because the 

items identified for the ECCN 0Y521 

series in this rule provide a significant 

military or intelligence advantage to the 

United States. Immediate imposition of 

a license requirement is necessary to 

effect the national security and foreign 

policy goals of this rule. Immediate 

implementation will allow BIS to 

prevent exports of these items to users 

and for uses that pose a national 

security threat to the United States or its 

allies. If BIS delayed this rule to allow 

for prior notice and opportunity for 

public comment, the resulting delay in 

implementation would afford an 

opportunity for the export of these items 

to users and uses that pose such a 

national security threat, thereby 

undermining the purpose of the rule. In 

addition, if parties receive notice of the 

U.S. Government’s intention to control 

these items under 0Y521 once a final 

rule was published, they might have an 

incentive to either accelerate orders of 

these items or attempt to have the items 

exported prior to the imposition of the 

control. 

Further, BIS finds good cause to 

waive the 30-day delay in effectiveness 

under 5 USC 553(d)(3). Immediate 

implementation will allow BIS to 

prevent exports of these items to users 

and for uses that pose a national 

security threat to the United States or its 

allies. If BIS delayed this rule to allow 

for a 30-day delay in effectiveness, the 

resulting delay in implementation 

would afford an opportunity for the 

export of these items to users and uses 

that pose such a national security threat, 

thereby undermining the purpose of the 

rule. 

Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601 et seq., are 

not applicable. Although notice and 

opportunity for comment are not 

required, BIS is issuing this rule as an 

interim final rule with a request for 

comments. All comments must be in 

writing and submitted via one or more 

of the methods listed under the 

ADDRESSES caption to this notice. All 

comments (including any personal 

identifiable information) will be 

available for public inspection and 

copying. Those wishing to comment 

anonymously may do so by submitting 

their comment via regulations.gov and 

leaving the fields for identifying 

information blank. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for 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 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 2. Supplement No. 5 to Part 774 is 

revised to read as follows: 

Supplement No. 5 to Part 774—Items 

Classified Under ECCNS 0A521, 0B521, 

0C521, 0D521 and 0E521 

The following table lists items subject to 

the EAR that are not listed elsewhere in the 

CCL, but which the Department of 

Commerce, with the concurrence of the 

Departments of Defense and State, has 

identified warrant control for export or 

reexport because the items provide at least a 

significant military or intelligence advantage 

to the United States or for foreign policy 

reasons. 


srobinson on DSK4SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 60 / Thursday, March 28, 2013 / Rules and Regulations 18817 

Item descriptor 

Note: The description must match by model number or a 

broader descriptor that does not necessarily need to be company specific 

Date of initial or 

subsequent BIS classification. 

(ID = initial date; SD = 

subsequent date) 

Date when the item will 

be designated 

EAR99, unless reclassified in another ECCN or 

the 0Y521 classification 

is reissued 

Item-specific license exception eligibility 

0A521. Systems, Equipment and Components 

No.1: Biosensor systems and dedicated detecting components, 

i.e. cartridges and cells, capable of detecting all of the following aerosolized bioagents: anthrax, ricin, 

Botulinum toxin, Francisella tularensis, orthopoxvirus and 

Yersinia pestis, and having all of the following characteristics: 

March 28, 2013 (ID) ...... March 28, 2014 ............. License Exception GOV 

under 

§ 740.11(b)(2)(ii) only. 

a. Capable of showing results in three minutes or less; 

b. Has an integrated bioaerosol collector and identifier; 

c. Contains antibodies for any of the bioagents listed 

above; and 

d. Utilizes bioluminescence as a process. 

Related Controls. (1) See ECCN 1A004.c for detection systems 

and ECCN 2B351 for toxic gas monitoring systems and their 

dedicated detecting components, both of which are different 

from ECCN 0A521. 

Biosensor Systems. (2) See 22 CFR Part 121, Category XIV (f) 

(2) for equipment for the detection, identification, warning or 

monitoring of biological agents that is subject to the export licensing jurisdiction of the U.S. Department of State, Directorate of Defense Trade Controls. 

Technical Notes: 

1. For the purposes of this entry, the term dedicated 

means committed entirely to a single purpose or device. 

2. This entry does not control biosensor systems that detect food borne pathogens. 

0B521. Test, Inspection and Production Equipment 

[RESERVED].

0C521. Materials 

[RESERVED].

0D521. Software 

No. 1 0D521 ‘‘Software’’ for the function of Biosensor Systems 

controlled by ECCN 0A521. 

March 28, 2013 (ID) ...... March 28, 2014 ............. License Exception GOV 

under 

§ 740.11(b)(2)(ii) only. 

0E521. Technology 

No. 1: 0E521 ‘‘Technology’’ for the ‘‘development’’ or ‘‘production’’ of Biosensor Systems controlled by ECCN 0A521. March 28, 2013 (ID) ...... March 28, 2014 ............. License Exception GOV 

under 

§ 740.11(b)(2)(ii) only. 

Dated: March 21, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–07132 Filed 3–27–13; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 40 

[Docket No. RM12–4–000; Order No. 777] 

Revisions to Reliability Standard for 

Transmission Vegetation Management 

AGENCY: Federal Energy Regulatory 

Commission. 

ACTION: Final rule. 

SUMMARY: Under section 215 of the 

Federal Power Act (FPA), the Federal 

Energy Regulatory Commission 

(Commission) approves Reliability 

Standard FAC–003–2 (Transmission 

Vegetation Management), submitted to 

the Commission for approval by the 

North American Electric Reliability 

Corporation (NERC), the Commissioncertified Electric Reliability 

Organization. Reliability Standard FAC– 

003–2 expands the applicability of the 

standard to include overhead 

transmission lines that are operated 

below 200 kV, if they are either an 

element of an Interconnection 

Reliability Operating Limit or an 

element of a Major WECC Transfer Path. 

Reliability Standard FAC–003–2 

incorporates a new minimum annual 

inspection requirement, and 

incorporates new minimum vegetation 


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