This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

40117 

Vol. 74, No. 153 

Tuesday, August 11, 2009 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 080721866–8871–01] 

RIN 0694–AE42 

Revisions to the Commerce Control 

List To Update and Clarify Crime 

Control License Requirements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

update and clarify export and reexport 

license requirements on striking 

weapons, restraint devices, shotguns 

and parts, optical sighting devices, and 

electric shock devices. It would also add 

equipment designed for executions to 

the Commerce Control List. This 

proposed rule would make no changes 

to the longstanding policy of denial of 

applications to export or reexport 

specially designed implements of 

torture. The proposed rule would 

provide additional illustrative examples 

of such items and would adopt a 

definition of torture used in a U.S. 

statute that implements the United 

Nations Convention against Torture and 

Other Cruel, Inhuman or Degrading 

Treatment or Punishment. BIS is 

publishing this rule as part of an 

ongoing review of crime control license 

requirements and policy. 

DATES: Comments concerning this rule 

must be received by BIS no later than 

September 25, 2009. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal 

eRulemaking Portal at http:// 

www.regulations.gov (follow the 

instructions for submitting comments), 

by e-mail directly to BIS at 

publiccomments@bis.doc.gov (refer to 

regulatory identification number 0694– 

AE42 in the subject line), or on paper to 

Regulatory Policy Division, Office of 

Exporter Services, Bureau of Industry 

and Security, Room H2705, U.S. 

Department of Commerce, 14th Street 

and Pennsylvania Avenue, NW., 

Washington, DC 20230. Refer to 

Regulatory Identification Number (RIN) 

0694–AE42 in all comments. 

FOR FURTHER INFORMATION CONTACT: 

Chantal Lakatos, Office of Nonproliferation and Treaty Compliance, 

Bureau of Industry and Security, 

telephone: 202–482–1739; fax: 202– 

482–4145; e-mail: clakatos@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Export Administration 

Regulations (15 CFR parts 730–774) 

impose license requirements for certain 

exports from the United States and 

reexports from other countries for, 

among other reasons, ‘‘crime control.’’ 

The crime control license requirements 

are intended for the ‘‘support of U.S. 

foreign policy to promote human rights 

throughout the world’’ (15 CFR 

742.7(a)). This rule is part of an effort by 

BIS to review and, where appropriate, 

revise the crime control license 

requirements in the Export 

Administration Regulations. In 

connection with this effort, BIS 

published a notice of inquiry seeking 

public comments on whether the scope 

of items and destinations that are 

subject to crime control license 

requirements should be changed (73 FR 

14769, March 19, 2008). After reviewing 

the public comments on that notice and 

conducting its own policy deliberations, 

BIS plans to proceed with this review in 

stages. 

In the first stage, BIS is publishing 

this proposed rule, which addresses 

relatively simple extensions, 

modifications or removals of items 

currently on the Commerce Control List 

or additions to that list of items that 

have a clearly identified crime control 

or law enforcement nexus. 

In one or more subsequent stages, BIS 

intends to address more complex 

Commerce Control List matters such as 

whether, and, if so, the extent to which 

biometric measuring devices, integrated 

data systems, simulators, and 

communications equipment should be 

listed on the Commerce Control List; the 

degree to which software and 

technology related to commodities on 

the Commerce Control List should be 

listed and how such software and 

technology should be described; and 

general policy issues such as whether 

the range of destinations to which crime 

control license requirements apply 

should be modified. 

Summary of the Changes Proposed 

Revisions to § 742.7—Crime control. 

This proposed rule would change the 

section heading to read ‘‘Crime control 

and detection’’ to reflect the contents of 

the section. It also would revise 

paragraph (a) to set forth a license 

requirement to all destinations for a 

proposed new ECCN 0A981 that would 

apply to equipment designed for the 

execution of human beings. Finally, this 

rule would revise paragraph (d) to state 

that in maintaining these controls, the 

United States considers international 

norms and the practices of other 

countries that control exports to 

promote the observance of human 

rights; however, the controls are not 

based on the decisions of any 

multilateral export control regime and 

may differ from controls imposed by 

other countries. This proposed rule 

would remove language from paragraph 

(d) that could be read as erroneously 

implying that the United States is the 

only country that imposes export 

controls on crime control and detection 

items. 

Revisions to § 742.11—Specially 

designed implements of torture. This 

proposed rule would revise the heading 

to match the revised language that this 

rule applies to ECCN 0A983, i.e. 

‘‘Specially designed implements of 

torture, including thumbscrews, 

thumbcuffs, fingercuffs, spiked batons, 

shock sleeves and parts and accessories, 

n.e.s.’’ This proposed rule also would 

revise paragraph (d) to state that in 

maintaining these controls, the United 

States considers international norms 

and the practices of other countries that 

control exports to promote the 

observance of human rights; however, 

the controls are not based on the 

decisions of any multilateral export 

control regime and may differ from 

controls imposed by other countries. 

This proposed rule would remove 

language from paragraph (d) that could 

be read as erroneously implying that the 

United States is the only country that 

imposes export controls on specially 

designed implements of torture. This 

proposed rule would make no changes 

to the policy of denial of applications to 

export items subject to § 742.11 or to the 

prohibition (stated in § 740.2(a)(10) of 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40118 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

the EAR) on use of license exceptions to 

export commodities subject to § 742.11 

of the EAR. 

Revisions to ECCN 0A978—Saps. The 

items covered by this ECCN would be 

expanded from ‘‘saps’’ to ‘‘law 

enforcement striking weapons.’’ Saps, 

police batons, side handle batons, 

tonfas, sjamboks and whips would be 

listed as examples of law enforcement 

striking weapons. BIS believes that this 

change would provide consistent 

license requirements for several items 

that have substantially similar crime 

control functions. 

Creation of ECCN 0A981—Equipment 

for the Execution of Human Beings. This 

rule would create a new ECCN 0A981 

that would apply to equipment designed 

for the execution of human beings. Such 

equipment would require a license to all 

destinations. BIS is proposing adding 

this ECCN because equipment designed 

for the execution of human beings has 

a clear nexus to crime control and an 

obvious potential use in repressing 

human rights. 

Revisions to ECCN 0A982—Restraint 

Devices. Several changes would be 

made to this ECCN to (a) make clear that 

it applies to law enforcement restraint 

devices, rather than safety or medical 

equipment, (b) update the illustrative 

list of commodities to which this ECCN 

applies, and (c) cross reference other 

ECCNs that apply to similar devices. 

These changes are intended to focus the 

ECCN on items of crime control 

significance and to reduce the 

possibility of misinterpretations. 

• The rule would add the phrase 

‘‘Law enforcement’’ to the heading. 

• The rule would add ‘‘multipoint 

restraint devices including restraint 

chairs’’ to the illustrative list of restraint 

devices because use of these devices has 

increased in recent years and because 

they have potential for use in human 

rights abuse. 

• The rule would also revise the 

related controls paragraph of this ECCN 

to note (a) that finger cuffs and shock 

sleeves are classified under ECCN 

0A983—Specially designed implements 

of torture, (b) that law enforcement 

restraint devices that administer an 

electric shock are controlled under 

ECCN 0A985, and (c) that electronic 

devices that monitor and report a 

person’s location to enforce restrictions 

on movement for law enforcement or 

penal reasons are controlled under 

ECCN 3A981. 

• This rule would add a note stating 

that this ECCN does not apply to 

medical devices that are equipped to 

restrain patient movement during 

medical procedures, devices that 

confine memory-impaired patients to 

appropriate medical facilities, or safety 

equipment such as safety belts or child 

automobile safety seats. 

BIS believes that the proposed revised 

language would clarify the scope of 

ECCN 0A982 and is not a substantive 

change. 

Revisions to ECCN 0A983—Specially 

Designed Implements of Torture. This 

rule would make no changes to the 

Export Administration Regulations’ 

stated policies of denial of license 

applications for the export or reexport of 

specially designed implements of 

torture and prohibition of use of any 

license exception to export or reexport 

specially designed implements of 

torture. 

The heading of ECCN 0A983 would 

be revised to add the word ‘‘including’’ 

immediately following the phrase 

‘‘specially designed implements of 

torture’’ to make clear that the items 

listed are examples of specially 

designed implements of torture rather 

than an exclusive list of such 

implements. The heading would also be 

revised to add fingercuffs, spiked batons 

and shock sleeves to the ECCN as 

additional examples of specially 

designed implements of torture. A new 

note would state that ‘‘torture’’ in this 

ECCN has the same meaning as set forth 

in 18 U.S.C. 2340(1), which is the 

definition employed by the United 

States criminal statute that implements 

the United Nations Convention against 

Torture and Other Cruel, Inhuman or 

Degrading Treatment or Punishment. 

BIS believes that these changes would 

more clearly distinguish specially 

designed implements of torture from 

crime control and detection items. 

Revisions to ECCN 0A984—Shotguns. 

This rule would remove the phrase 

‘‘parts n.e.s.’’ and add the following 

specific parts for the shotguns 

controlled by this ECCN: barrels of 18 

inches (45.72 cm) or longer but not 

longer than 24 inches (60.96 cm), 

receivers, breech mechanisms, complete 

trigger mechanisms, and magazines or 

magazine extension tubes. The parts are 

subject to CC column 1 license 

requirements. BIS believes that the 

purposes of the control can be met by 

retaining the license requirement on the 

shotguns themselves and on the critical 

parts set forth in this rule. BIS believes 

that continuing to require licenses for 

other parts would pose a burden on 

legitimate trade in shotgun repair parts 

that is not needed to achieve the 

purpose of these controls or of the 

controls related to the Inter-American 

Convention Against the Illicit 

Manufacturing of and Trafficking in 

Firearms, Ammunition, Explosives and 

Other Related Materials. 

Revisions to ECCN 0A985—Discharge 

Type Arms. ECCN 0A985 applies to 

discharge type arms and to some 

electroshock devices that are not 

discharge type arms. To provide greater 

clarity and to include a representative 

description of devices currently 

available, this proposed rule would add 

the phrase ‘‘devices to administer 

electric shock’’ to the heading and 

would add stun cuffs and shock shields 

to the illustrative list of items classified 

under this ECCN. This rule would also 

add references to the ‘‘Related Controls’’ 

paragraph informing readers that shock 

sleeves are controlled by ECCN 0A983 

and that electronic devices that monitor 

and report a person’s location to enforce 

restrictions on movement for law 

enforcement or penal reasons are 

controlled under ECCN 3A981. 

Revisions to ECCN 0A987—Optical 

Sighting Devices for Firearms. This rule 

would replace the general description in 

the heading of ECCN 0A987 with a list 

of items controlled. With this change, 

the ECCN would clearly state that it 

applies to specific sighting devices, 

their associated optical elements, and 

adjustment mechanisms. 

Revisions to ECCN 0E984— 

Technology for shotguns. This rule 

would modify ECCN 0E984 to apply CC 

Column 1 as a reason for control of 

technology for the development and 

production of all shotguns and shotgun 

shells controlled by ECCN 0A984. 

Currently, ECCN 0E984 applies reasons 

for control that are parallel to the 

reasons for control in ECCN 0A984, i.e., 

CC Column 1, 2, or 3 is applied 

depending on whether the barrel length 

exceeds 24 inches and whether the enduser is a law enforcement agency. BIS is 

proposing the change described in this 

paragraph because it believes that the 

technology for the development and 

production of shotguns is substantially 

the same for all shotguns with barrel 

length exceeding 18 inches and does not 

vary based on the end user of the 

shotgun. 

Revisions to ECCN 3A981— 

Polygraphs and other electronic devices. 

This proposed rule would add a cross 

reference to the restraint devices 

controlled by ECCN 0A982. This 

proposed rule would also add a note 

expressly stating that the electronic 

monitoring restraint devices in ECCN 

3A981 are devices that monitor or report 

the location of confined persons for law 

enforcement or penal reasons. The note 

would exclude devices used to confine 

memory impaired patients to 

appropriate medical facilities. BIS views 

these proposed changes in wording as 

clarifications rather than substantive 

changes. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40119 

Request for Comments 

BIS is seeking public comments on 

this rule and will consider all comments 

received on or before September 25, 

2009 in developing any final rule. 

Comments received after that date will 

be considered if feasible, but their 

consideration cannot be assured. All 

public comments on this rule must be 

in writing (including electronic postings 

on regulations.gov or e-mail) and will be 

a matter of public record, available for 

public inspection and copying. 

Rulemaking Requirements 

1. This rule is a significant rule for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor 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 

involves a collection of information that 

has been approved by OMB under 

control number 0694–0088, which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748P. Miscellaneous and 

recordkeeping activities account for 12 

minutes per submission. BIS believes 

that the changes proposed will increase 

the number of submissions subject to 

this collection by approximately 1,200 

annually. Send comments regarding 

these burden estimates or any other 

aspect of these collections of 

information, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Room 2705, 14th Street and 

Pennsylvania Ave., NW., Washington, 

DC 20230. 

3. This rule does not contain policies 

with Federalism implications as this 

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 or foreign 

affairs function of the United States (see 

5 U.S.C. 553(a)(1)). Further, no other 

law requires that a notice of proposed 

rulemaking and an opportunity for 

public comment be given for this 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. However, to obtain the 

benefit of a variety of viewpoints, BIS is 

issuing this rule as a proposed rule with 

a request for comments. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, BIS proposes to amend 

the Export Administration Regulations 

(15 CFR parts 730–774) as follows: 

PART 742—[AMENDED] 

1. The authority citation for part 742 

is revised to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq; Pub. 

L. 106–508; 50 U.S.C. 1701 et seq; E.O. 

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

783; Notice of July 23, 2008, 73 FR 43603 

(July 25, 2008). 

2. In § 742.7, revise the heading, 

redesignate existing paragraph (a)(5) as 

paragraph (a)(6), add a new paragraph 

(a)(5) and revise paragraph (d) to read as 

follows: 

§ 742.7 Crime control and detection. 

(a) * * * 

(5) Items designed for the execution of 

human beings as identified in ECCN 

0A981 require a license to all 

destinations including Canada. 

* * * * * 

(d) U.S. controls. In maintaining its 

controls on crime control and detection 

items, the United States considers 

international norms regarding human 

rights and the practices of other 

countries that control exports to 

promote the observance of human 

rights. However, these controls are not 

based on the decisions of any 

multinational export control regime and 

may differ from controls imposed by 

other countries. 

3. In § 742.11, revise the heading and 

paragraph (d) to read as follows: 

§ 742.11 Specially designed implements of 

torture, including thumbscrews, 

thumbcuffs, fingercuffs, spiked batons, 

shock sleeves, and parts and accessories, 

n.e.s. 

* * * * * 

(d) U.S. controls. In maintaining its 

controls on specially designed 

instruments of torture the United States 

considers international norms regarding 

human rights and the practices of other 

countries that control exports to 

promote the observance of human 

rights. However, these controls are not 

based on the decisions of any 

multinational export control regime and 

may differ from controls imposed by 

other countries. 

PART 774—[AMENDED] 

4. 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; 46 U.S.C. app. 466c; 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 July 23, 2008, 73 FR 

43603 (July 25, 2008). 

5. In Supplement No. 1 to part 774, 

Category 0, revise the heading of Export 

Control Classification (ECCN) 0A978 to 

read as follows: 

0A978 Law enforcement striking weapons, 

including saps, police batons, side handle 

batons, tonfas, sjamboks, and whips. 

* * * * * 

6. In Supplement No. 1 to part 774, 

Category 0, add a new ECCN 0A981 

immediately following ECCN 0A980 

and immediately preceding ECCN 

0A982 to read as follows: 

0A981 Equipment designed for the execution 

of human beings (See list of items 

controlled). 

License Requirements 

Reason for Control: CC. 

Control(s): CC applies to entire entry. A 

license is required for all destinations 

regardless of end-use. Accordingly, a column 

specific to this control does not appear on the 

Commerce Country Chart. (See § 742.7 of the 

EAR for additional information.) 

License Exceptions 

LVS: N/A. 

GBS: N/A. 

CIV: N/A. 

List of Items Controlled 

Unit: $ value. 

Related Controls: N/A. 

Related Definitions: N/A. 

Items: a. Gallows and guillotines. 

b. Electric chairs for the purpose of 

executing human beings. 

c. Air tight vaults designed for the 

execution of human beings by the 

administration of a lethal gas or substance. 

d. Automatic drug injection systems 

designed for the execution of human beings 

by administration of a lethal substance. 

7. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A982, revise the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
40120 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 

heading, revise the ‘‘Related Controls’’ 

paragraph in the ‘‘List of Items 

Controlled’’ section and add a note at 

the end of ECCN 0A982 to read as 

follows: 

0A982 Law enforcement restraint devices, 

including leg irons, shackles, and handcuffs; 

straight jackets; multipoint restraint devices 

such as restraint chairs; and parts and 

accessories, n.e.s. 

License Requirements 

* * * * * 

List of Items Controlled 

Unit: $ * * * 

Related Controls: Thumbcuffs, fingercuffs 

and shock sleeves are classified under ECCN 

0A983, specially designed implements of 

torture. Other law enforcement restraint 

devices that administer an electric shock are 

controlled under ECCN 0A985. Restraint 

devices that electronically monitor or report 

the location of confined persons for law 

enforcement or penal reasons are controlled 

under ECCN 3A981. 

* * * * * 

Note to ECCN 0A982. This ECCN applies 

to restraint devices used in law enforcement 

activities. It does not apply to medical 

devices that are equipped to restrain patient 

movement during medical procedures. It 

does not apply to devices that confine 

memory impaired patients to appropriate 

medical facilities. It does not apply to safety 

equipment such as safety belts or child 

automobile safety seats. 

8. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A983, revise the 

heading, and add a note at the end of 

ECCN 0A983 to read as follows: 

0A983 Specially designed implements of 

torture, including thumbscrews, thumbcuffs, 

fingercuffs, spiked batons, shock sleeves, 

and parts and accessories, n.e.s. 

* * * * * 

Note to ECCN 0A983. In this ECCN, 

‘‘torture’’ has the meaning set forth in Section 

2340(1) of Title 18, United States Code. 

9. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A984, revise the 

heading and the license requirements 

section of ECCN 0A984 to read as 

follows: 

0A984 Shotguns with barrel length 18 

inches (45.72 cm) or over; receivers; barrels 

of 18 inches (45.72 cm) or longer but not 

longer than 24 inches (60.96 cm); complete 

trigger mechanisms; magazines and 

magazine extension tubes; complete breech 

mechanisms; buckshot shotgun shells; except 

equipment used exclusively to treat or 

tranquilize animals, and except arms 

designed solely for signal, flare, or saluting 

use. 

License Requirements 

Reason for Control: CC, FC, UN. 

Control(s) Country Chart 

FC applies to entire entry ............................................................................................................................................................... FC Column 1. 

CC applies to shotguns with a barrel length greater than or equal to 18 in. (45.72 cm), but less than 24 in. (60.96 cm), 

shotgun parts controlled by this entry, and buckshot shotgun shells controlled by this entry, regardless of end-user.

CC Column 1. 

CC applies to shotguns with a barrel length greater than or equal to 24 in. (60.96 cm), regardless of end-user ..................... CC Column 2. 

CC applies to shotguns with a barrel length greater than or equal to 24 in. (60.96 cm) if for sale or resale to police or law 

enforcement.

CC Column 3. 

UN applies to entire entry .............................................................................................................................................................. Iraq, North 

Korea, and 

Rwanda. 

* * * * * 

10. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A985, revise the 

heading and the ‘‘Related Controls’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section to read as follows: 

0A985 Discharge type arms and devices to 

administer electric shock, for example, stun 

guns, shock batons, stun cuffs, shock shields, 

electric cattle prods, immobilization guns 

and projectiles; except equipment used 

exclusively to treat or tranquilize animals, 

and except arms designed solely for signal, 

flare, or saluting use; and parts, n.e.s. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: Shock sleeves are 

controlled by ECCN 0A983. Electronic 

devices that monitor and report a person’s 

location to enforce restrictions on movement 

for law enforcement or penal reasons are 

controlled under ECCN 3A981. 

* * * * * 

11. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A987, revise the 

heading and the ‘‘Items’’ paragraph of 

the ‘‘List of Items Controlled’’ section to 

read as follows: 

0A987 Optical sighting devices for firearms 

(including shotguns controlled by 0A984); 

and parts (See list of items controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: a. Telescopic sights. 

b. Holographic sights. 

c. Reflex or ‘‘red dot’’ sights. 

d. Reticle sights. 

e. Other sighting devices that contain 

optical elements. 

f. Laser pointing devices designed for use 

on firearms. 

g. Lenses, other optical elements and 

adjustment mechanisms for articles in 

paragraphs a, b, c, d or e. 

12. In Supplement No. 1 to part 774, 

Category 0, ECCN 0E984, revise the 

license requirements section of ECCN 

0E984 to read as follows: 

0E984 ‘‘Technology’’ for the 

‘‘development’’ or ‘‘production’’ of shotguns 

controlled by 0A984 and buckshot shotgun 

shells. 

License Requirements 

Reason for Control: CC, UN. 

Control(s) Country Chart 

CC applies to ‘‘technology’’ for shotguns with a barrel length over 18 in. (45.72 cm), and for shotgun shells controlled by 

ECCN 0A984.

CC Column 1. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Proposed Rules 40121 

1The comment must also be accompanied by an 

explicit request for confidential treatment, 

including the factual and legal basis for the request, 

and must identify the specific portions of the 

comment to be withheld from the public record. 

The request will be granted or denied by the 

Commission’s General Counsel, consistent with 

applicable law and the public interest. See 

Commission Rule 4.9(c), 16 CFR 4.9(c). 274 FR 22720 (May 14, 2009). 

13. In Supplement No. 1 to part 774, 

Category 3 add a note to the end of 

ECCN 3A981 to read as follows: 

3A981 Polygraphs (except biomedical 

recorders designed for use in medical 

facilities for monitoring biological and 

neurophysical responses); fingerprint 

analyzers, cameras and equipment, n.e.s.; 

automated fingerprint and identification 

retrieval systems, n.e.s.; psychological stress 

analysis equipment; electronic monitoring 

restraint devices; and specially designed 

parts and accessories, n.e.s. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: See ECCN 0A982 for 

other types of restraint devices. 

Related Definitions: * * * 

Items: * * * 

Note to ECCN 3A981. In this ECCN, 

electronic monitoring restraint devices are 

devices used to record or report the location 

of confined persons for law enforcement or 

penal reasons. The term does not include 

devices that confine memory impaired 

patients to appropriate medical facilities. 

Dated: August 5, 2009. 

Matthew S. Borman, 

Acting Assistant Secretary for Export 

Administration. 

[FR Doc. E9–19099 Filed 8–10–09; 8:45 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 425 

Rule Concerning the Use of 

Prenotification Negative Option Plans 

AGENCY: Federal Trade Commission 

(FTC or Commission) 

ACTION: Re-opening the record for 

submission of public comments. 

SUMMARY: The FTC re-opens the time 

period for filing public comments in 

response to its Advance Notice of 

Proposed Rulemaking and Request for 

Public Comments for sixty (60) days. 

DATES: Written comments must be 

received on or before October 13, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments. 

Comments should refer to 

‘‘Prenotification Negative Option Rule 

Review, Matter No. P064202’’ to 

facilitate the organization of comments. 

Please note that your comment – 

including your name and your state – 

will be placed on the public record of 

this proceeding, including on the 

publicly accessible FTC website, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

sensitive personal information, such as 

an individual’s Social Security Number; 

date of birth; driver’s license number or 

other state identification number, or 

foreign country equivalent; passport 

number; financial account number; or 

credit or debit card number. Comments 

also should not include any sensitive 

health information, such as medical 

records or other individually 

identifiable health information. In 

addition, comments should not include 

any ‘‘[t]rade secret or any commercial or 

financial information which is obtained 

from any person and which is privileged 

or confidential,’’ as provided in Section 

6(f) of the FTC Act, 15 U.S.C. 46(f), and 

Commission Rule 4.10(a)(2), 16 CFR 

4.10(a)(2). Comments containing 

material for which confidential 

treatment is requested must be filed in 

paper form and clearly labeled 

‘‘Confidential.’’ 1

Because paper mail addressed to the 

FTC is subject to delay due to 

heightened security screening, please 

consider submitting your comments in 

electronic form. Comments filed in 

electronic form should be submitted by 

using the following weblink: (https:// 

secure.commentworks.com/ftcNegativeOptionRuleANPR) (and 

following the instructions on the webbased form). To ensure that the 

Commission considers an electronic 

comment, you must file it on the webbased form at the weblink (https:// 

secure.commentworks.com/ftcNegativeOptionRuleANPR). If this 

Notice appears at (http:// 

www.regulations.gov/search/index.jsp), 

you may also file an electronic comment 

through that website. The Commission 

will consider all comments that 

regulations.gov forwards to it. You may 

also visit the FTC website at (http:// 

www.ftc.gov) to read the Notice and the 

news release describing it. 

A comment filed in paper form 

should include the ‘‘Prenotification 

Negative Option Rule Review, Matter 

No. P064202’’ reference both in the text 

and on the envelope, and should be 

mailed or delivered to the following 

address: Federal Trade Commission/ 

Office of the Secretary, Room H–135 

(Annex Q), 600 Pennsylvania Avenue, 

N.W., Washington, DC. 20580. The FTC 

is requesting that any comment filed in 

paper form be sent by courier or 

overnight service, if possible, because 

U.S. postal mail in the Washington area 

and at the Commission is subject to 

delay due to heightened security 

precautions. 

The Federal Trade Commission Act 

(‘‘FTC Act’’) and other laws the 

Commission administers permit the 

collection of public comments to 

consider and use in this proceeding as 

appropriate. The Commission will 

consider all timely and responsive 

public comments that it receives, 

whether filed in paper or electronic 

form. Comments received will be 

available to the public on the FTC 

website, to the extent practicable, at 

(http://www.ftc.gov/os/ 

publiccomments.shtm). As a matter of 

discretion, the Commission makes every 

effort to remove home contact 

information for individuals from the 

public comments it receives before 

placing those comments on the FTC 

website. More information, including 

routine uses permitted by the Privacy 

Act, may be found in the FTC’s privacy 

policy, at (http://www.ftc.gov/ftc/ 

privacy.shtm). 

FOR FURTHER INFORMATION CONTACT: 

Robin Rosen Spector, (202) 326–3740 or 

Matthew Wilshire, (202) 326–2976, 

Attorneys, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue, NW., Washington, DC. 20580. 

SUPPLEMENTARY INFORMATION: On May 

14, 2009, the Commission published an 

Advance Notice of Proposed 

Rulemaking (‘‘Notice’’) seeking 

comment on the overall costs, benefits, 

necessity, and regulatory and economic 

impact of the FTC’s Trade Regulation 

Rule concerning ‘‘Use of Prenotification 

Negative Option Plans’’2 (‘‘Negative 

Option Rule’’ or ‘‘Rule’’). Currently, the 

Rule addresses only prenotification 

negative option plans for the delivery of 

merchandise. The Notice solicits 

comments on whether the Commission 

should expand the Rule to address 

additional negative option marketing 

categories and on the Rule’s costs and 

benefits. The notice designated July 27, 

2009, as the deadline for filing public 

comments. 

Three parties filed requests for an 

extension of the comment period in this 

matter in mid-July. The Commonwealth 

of Pennsylvania, Office of Attorney 

General, Bureau of Consumer 

Protection, ‘‘along with several other 

states including without limitation, 

Vermont, Florida, Iowa and Colorado’’ 

(collectively ‘‘states’’) requested a 30- 

day extension. The Broward County 


srobinson on DSKHWCL6B1PROD with PROPOSALS