Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61571 

buildings to demonstrate continued 

energy and water savings at least every 

four years after initial occupancy. 

(c) Certification level. The building 

must be certified to a level that 

promotes the high performance 

sustainable building guidelines 

referenced in Executive Order 13423 

‘‘Strengthening Federal Environmental, 

Energy, and Transportation 

Management’’ and Executive Order 

13514 ‘‘Federal Leadership in 

Environmental, Energy and Economic 

Performance.’’ 

PART 435—ENERGY EFFICIENCY 

STANDARDS FOR THE DESIGN AND 

CONSTRUCTION OF NEW FEDERAL 

LOW-RISE RESIDENTIAL BUILDINGS 

■ 9. The authority citation for part 435 

continues to read as follows: 

Authority: 42 U.S.C. 6831–6832, 6834– 

6835; 42 U.S.C. 7101 et seq. 

■ 10. The heading for part 435 is revised 

to read as set forth above. 

■ 11. In § 435.1: 

■ a. Redesignate the existing text as 

paragraph (a); 

■ b. Add and reserve paragraph (b); and 

■ c. Add paragraph (c) to read as 

follows: 

§ 435.1 Purpose and scope. 

* * * * * 

(c) This part also establishes green 

building certification requirements for 

new Federal buildings that are low-rise 

residential buildings and major 

renovations to Federal buildings that are 

low-rise residential buildings, for which 

design for construction began on or after 

October 14, 2015. 

§§ 435.6 and 435.7 [Removed] 

■ 12. Remove §§ 435.6 and 435.7. 

§ 435.8 [Redesignated as § 435.6] 

■ 13. Section 435.8 is redesignated as 

§ 435.6. 

Subparts B and C of Part 435 

[Redesignated] 

■ 14. Redesignate subparts B and C of 

part 435 as subparts D and E of part 435. 

■ 15. Redesignate §§ 435.300 through 

435.306 as §§ 435.500 through 435.506 

respectively. 

■ 16. Add and reserve a new subpart B 

to read as follows: 

Subpart B—Reduction in Fossil FuelGenerated Energy Consumption 

[Reserved] 

■ 17. Add a new subpart C to read as 

follows: 

Subpart C—Green Building 

Certification for Federal Buildings 

§ 435.300 Green building certification. 

(a) If a Federal agency chooses to use 

a green building certification system to 

certify a new Federal building or a 

Federal building undergoing a major 

renovation and construction costs for 

such new building or major renovation 

are at least $2,500,000 (in 2007 dollars, 

adjusted for inflation), and design for 

construction began on or after October 

14, 2015: 

(b) The system under which the 

building is certified must: 

(1) Allow assessors and auditors to 

independently verify the criteria and 

measurement metrics of the system; 

(2) Be developed by a certification 

organization that 

(i) Provides an opportunity for public 

comment on the system; and 

(ii) Provides an opportunity for 

development and revision of the system 

through a consensus-based process; 

(3) Be nationally recognized within 

the building industry; 

(4) Be subject to periodic evaluation 

and assessment of the environmental 

and energy benefits that result under the 

rating system; and 

(5) Include a verification system for 

post occupancy assessment of the rated 

buildings to demonstrate continued 

energy and water savings at least every 

four years after initial occupancy. 

(c) Certification level. The building 

must be certified to a level that 

promotes the high performance 

sustainable building guidelines 

referenced in Executive Order 13423 

‘‘Strengthening Federal Environmental, 

Energy, and Transportation 

Management’’ and Executive Order 

13514 ‘‘Federal Leadership in 

Environmental, Energy and Economic 

Performance.’’ 

PART 436—FEDERAL ENERGY 

MANAGEMENT AND PLANNING 

PROGRAMS 

■ 18. The authority citation for part 436 

is revised to read as follows: 

Authority: 42 U.S.C. 7101 et seq.; 42 U.S.C. 

8254; 42 U.S.C. 8258; 42 U.S.C. 8259b. 

Subpart A—Methodology and 

Procedures for Life Cycle Cost 

Analyses 

■ 19. Revise § 436.14(d) to read as 

follows: 

§ 436.14 Methodological assumptions. 

* * * * * 

(d) Each Federal agency shall assume 

that the appropriate study period is as 

follows: 

(1) For evaluating and ranking 

alternative retrofits for an existing 

Federal building, the study period is the 

expected life of the retrofit, or 40 years 

from the beginning of beneficial use, 

whichever is shorter. 

(2) For determining the life cycle costs 

or net savings of mutually exclusive 

alternatives for a given building energy 

system or building water system (e.g., 

alternative designs for a particular 

system or size of a new or retrofit 

building energy system or building 

water system), a uniform study period 

for all alternatives shall be assumed 

which is equal to— 

(i) The estimated life of the mutually 

exclusive alternative having the longest 

life, not to exceed 40 years from the 

beginning of beneficial use with 

appropriate replacement and salvage 

values for each of the other alternatives; 

or 

(ii) The lowest common multiple of 

the expected lives of the alternative, not 

to exceed 40 from the beginning of 

beneficial use with appropriate 

replacement and salvage values for each 

alternative. 

(3) For evaluating alternative designs 

for a new Federal building, the study 

period extends from the base year 

through the expected life of the building 

or 40 years from the beginning of 

beneficial use, whichever is shorter. 

* * * * * 

[FR Doc. 2014–24150 Filed 10–10–14; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 140131087–4087–01] 

RIN 0694–AG08 

Revisions to the Commerce Control 

List: Imposition of Controls on 

Integrated Circuits, Helicopter Landing 

System Radars, Seismic Detection 

Systems, and Technology for IR UpConversion Devices 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) to impose foreign policy controls 

on read-out integrated circuits and 

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

radar for helicopter autonomous landing 

systems, seismic intrusion detection 

mstockstill on DSK4VPTVN1PROD with RULES

61572 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

systems and related ‘‘software’’ and 

‘‘technology’’, and ‘‘technology’’ 

‘‘required’’ for the ‘‘development’’ or 

‘‘production’’ of specified infrared upconversion devices. The read-out 

integrated circuits and related 

‘‘technology’’ are controlled under new 

Export Control Classification Numbers 

(ECCNs) on the Commerce Control List. 

An existing ECCN has been amended to 

control the related ‘‘software’’ for those 

items. New paragraphs have been added 

to certain existing ECCNs to control 

radar for helicopter autonomous landing 

systems, seismic intrusion detection 

systems, and the ‘‘technology,’’ as 

mentioned, for specified infrared upconversion devices. Specified existing 

‘‘software’’ and ‘‘technology’’ ECCNs 

have been amended to apply to 

helicopter autonomous landing systems 

and seismic intrusion detection systems. 

The items are controlled for regional 

stability reasons Column 1 (RS Column 

1) and Column 2 (RS Column 2), and 

antiterrorism reasons Column 1 (AT 

Column 1). The Departments of 

Commerce, State and Defense have 

determined that imposition of these 

license requirements protects U.S. 

national security and foreign policy 

interests. Specifically, those agencies 

have determined that the items 

described in this rule have civilian 

applications but also warrant immediate 

controls under the EAR because of their 

potential military applications. 

DATES: This rule is effective October 14, 

2014. Comments must be received by 

December 15, 2014. 

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– 

2014–0033. 

• By email directly to: 

publiccomments@bis.doc.gov. Include 

RIN 0694–AG08 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–AG08. 

FOR FURTHER INFORMATION CONTACT: 

Chris Costanzo, Senior Engineer, 

Sensors and Aviation Division, Office of 

National Security and Technology 

Transfer Controls by phone at (202) 

482–0718 or by email at 

Christopher.Costanzo@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: In this 

rule, BIS amends the EAR to impose 

license requirements on read-out 

integrated circuits, and ‘‘technology’’ 

‘‘required’’ for the ‘‘development’’ or 

‘‘production’’ of specified infrared upconversion devices to all destinations, 

except Canada, as well as radar for 

helicopter autonomous landing systems 

and seismic intrusion detection systems 

to destinations as identified. The 

Departments of Commerce, State and 

Defense have determined that 

imposition of these license requirements 

protects national security and foreign 

policy interests of the United States 

because of the items’ potential military 

applications, which are described in 

greater detail below. 

The items are controlled under new or 

amended Export Control Classification 

Numbers (ECCNs) on the Commerce 

Control List for RS Column 1, RS 

Column 2, and AT Column 1 reasons. 

Destinations to which RS Column 1 or 

RS Column 2 controls apply are 

indicated by an ‘‘X’’ in the RS Column 

1 or RS Column 2, respectively, for each 

applicable destination in the Commerce 

Country Chart, Supplement No. 1 to part 

738 of the EAR. An explanation of RS 

license requirements appears in Section 

742.6(a) of the EAR. Exporters also 

should consult the Commerce Country 

Chart to determine to which 

destinations the AT Column 1 license 

requirement applies. 

New License Requirements 

New ECCN 6A990—Read-Out Integrated 

Circuits 

Under this rule, a license is required 

for the export and reexport of items 

classified under new ECCN 6A990 for 

read-out integrated circuits (ROICs) to 

all destinations, except Canada, for RS 

Column 1 reasons, and AT Column 1 

reasons. The ROICs subject to 6A990 are 

used only in cameras to provide images 

for collision avoidance and navigation 

support for civilian vehicles at distances 

up to 150 m, and have potential military 

application because of the infrared 

detectors, which can be used to enable 

military personnel to detect images in 

the dark, enhancing nighttime 

warfighting capability. Given that 

potential military application, BIS is 

implementing a worldwide licensing 

requirement, except for Canada, and the 

items will be controlled for RS Column 

1 and AT Column 1 reasons with 

License Exception LVS not available. 

The heading of existing ECCN 6D991 

is revised to indicate that ‘‘software’’ for 

ROICs under new 6A990 is covered by 

6D991. The previous heading read 

‘‘6D991 ‘‘Software’’ specially designed 

for the ‘‘development’’, ‘‘production’’, or 

‘‘use’’ of equipment controlled by 

6A002.a.1.d, 6A991, 6A996, 6A997, or 

6A998.’’ BIS revised the heading to 

include commodities controlled by 

ECCN 6A990. ECCN 6D991, ‘‘software’’ 

for commodities controlled by ECCN 

6A990, is controlled for RS Column 1 

reasons. 

Also, ‘‘technology’’ for ROICs is 

controlled under new ECCN 6E990— 

‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 

6A990. ECCN 6E990 ‘‘Technology’’ for 

ROICs is controlled for RS Column 1 

and AT Column 1 reasons. 

New Paragraph in ECCN 6A998—Radar 

for Helicopter Autonomous Landing 

Systems 

In this rule, BIS also adds paragraph 

.c to ECCN 6A998. ECCN 6A998, which 

controls radar systems, equipment and 

‘‘major components,’’ and ‘‘specially 

designed’’ ‘‘components,’’ is expanded 

through new paragraph .c to impose a 

license requirement for export and 

reexport of millimeter wave enhanced 

vision radar imaging systems ‘‘specially 

designed’’ for rotary wing aircraft and 

having all of the characteristics 

identified in subparagraphs .c.1, .c.2, 

.c.3, and .c.4. Radar for helicopter 

autonomous landing systems provides 

visual awareness and obstacle 

avoidance in degraded visual 

conditions. While important in its 

civilian applications, this radar poses 

concern with regard to its potential 

military applications by adversaries of 

the United States and its allies, and BIS 

is implementing licensing requirements 

through this new RS Column 2 control 

on ECCN 6A998 and an AT Column 1 

control. 

A license is required for items 

classified in paragraph .c of ECCN 

6A998 for RS Column 2 reasons when 

going to any destination, except 

Australia, Japan, New Zealand, and 

countries in the North Atlantic Treaty 

Organization, as indicated in the 

Commerce Country Chart in 

Supplement No. 1 to part 738 of the 

EAR and in Section 742.6(a)(4) of the 

EAR. The existing AT Column 1 reason 

for control for ECCN 6A998 continues to 

apply to the entire entry, including new 

paragraph .c items. 

The existing related ‘‘software’’ and 

‘‘technology’’ for ECCN 6A998— 

controlled under ECCNs 6D991 and 

6E991, respectively—also are related to 

items in subparagraphs .c.1 through .c.4, 

as specified in the respective entries. 

New Paragraph in ECCN 6A999— 

Seismic Intrusion Detection Systems 

By adding paragraph .c to ECCN 

6A999, which controls specific 

processing equipment, BIS expands that 

ECCN by imposing a license 

requirement for export and reexport of 

seismic intrusion detection systems, 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61573 

which detect, classify and determine the 

bearing on the source of a detected 

signal. While the systems can be used 

for monitoring earthquakes, they also 

have the capability for military use in 

detecting the movement or motion of 

people, vehicles, and equipment. Given 

the potential military uses, BIS is 

imposing a license requirement to all 

destinations but close military allies 

through the RS Column 2 controls. 

In addition, AT continues to apply to 

all items in the entry, including those 

items in new paragraph .c, to North 

Korea. In addition, BIS revises existing 

paragraph .a of ECCN 6A999 to 

distinguish the items controlled by 

paragraph .a from those controlled by 

new paragraph .c. 

Further, to ensure appropriate 

controls for operation ‘‘software’’ for 

seismic intrusion detection devices 

controlled under ECCN 6A999.c, BIS 

revises ECCN 6D993 to add two new 

paragraphs. New paragraph .b controls 

‘‘software’’ ‘‘specially designed’’ for 

seismic intrusion detection systems in 

6A999.c, and new paragraph .c controls 

‘‘source code’’ for seismic intrusion 

detection systems in 6A999.c. 

‘‘Software’’ under new paragraph .b is 

controlled for RS Column 2 reasons and 

‘‘source code’’ under new paragraph .c. 

is controlled for RS Column 1 reasons. 

Both paragraphs, like all of ECCN 

6D993, are also controlled for AT 

Column 1 reasons. 

Lastly, BIS revises ECCN 6E991, 

‘‘technology’ for the ‘‘development,’’ 

‘‘production’’ or ‘‘use’’ of equipment 

controlled by 6A991, 6A996, 6A997 or 

6A998,’’ by adding new paragraph .c to 

include equipment controlled by ECCN 

6A999.c. 

Revision of Scope of ECCN 6E001— 

‘‘Technology’’ According to the General 

Technology Note for the ‘‘Development’’ 

of Equipment, Materials or ‘‘Software’’ 

Controlled by Certain Category 6 ECCNs 

BIS revised the heading of ECCN 

6E001 to indicate that ‘‘development’’ 

‘‘technology’’ for new ECCN 6A990 

(read-out integrated circuits) and 

‘‘development’’ ‘‘technology’’ for new 

paragraph .c. (seismic intrusion 

detection systems) of ECCN 6A999 are 

not controlled by ECCN 6E001. ECCN 

6A990 ‘‘technology’’ (for 

‘‘development’’ or ‘‘production’’) and 

ECCN 6A999.c ‘‘technology’’ (for 

‘‘development,’’ ‘‘production’’ or ‘‘use’’) 

are controlled under ECCN 6E990 and 

ECCN 6E991, respectively. 

Revision of Scope of ECCN 6E002— 

‘‘Technology’’ According to the General 

Technology Note for the ‘‘Production’’ 

of Equipment or Materials Controlled by 

Certain Category 6 ECCNs 

As with the heading of ECCN 6E001, 

BIS also revises the heading of ECCN 

6E002 to indicate that ‘‘production’’ 

‘‘technology’’ for new ECCN 6A990 

(read-out integrated circuits) and 

‘‘production’’ ‘‘technology’’ for new 

paragraph .c. (seismic intrusion 

detection systems) of ECCN 6A999 are 

not controlled by ECCN 6E002. As 

previously described for ECCN 6E001, 

ECCN 6A990 ‘‘technology’’ (for 

‘‘development’’ or ‘‘production’’) and 

ECCN 6A999.c ‘‘technology’’ (for 

‘‘development,’’ ‘‘production’’ or ‘‘use’’) 

are controlled under ECCN 6E990 and 

ECCN 6E991, respectively. 

New Paragraph In ECCN 6E993— 

‘‘Technology’’ for Specified Infrared UpConversion Devices 

This rule adds paragraph .e in ECCN 

6E993 to control ‘‘technology’’ 

‘‘required’’ for the ‘‘development’’ or 

‘‘production’’ of infrared up-conversion 

devices used to convert near-infrared 

light into visible light using an organic 

light emitting diode, which can be used 

in conventional night vision devices 

used for home energy inspection or 

night photography. The item also has 

important military and law enforcement 

applications, which is why BIS is 

imposing a worldwide licensing 

requirement, except for Canada. New 

ECCN 6E993.e requires a license to all 

destinations, except Canada, for RS 

Column 1 reasons. The existing AT 

Column 1 reason for control that applies 

to paragraphs .a through .d also applies 

to new paragraph .e and to its 

subparagraphs .e.1 and .e.2. 

License Exceptions 

License exceptions are described in 

Part 740 of the EAR. License exceptions 

may be available for these items if there 

are no applicable restrictions in section 

740.2(a) and all conditions of the 

respective license exceptions are met for 

the particular proposed transaction. 

Foreign Policy Report 

The application of regional stability 

controls to the items covered by this 

rule imposes a foreign policy control. 

Section 6(f) of the Export 

Administration Act requires that a 

report be delivered to Congress before 

imposing such controls. The report was 

delivered to Congress on September 24, 

2014. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act has been in lapse 

and the President, through Executive 

Order 13222 of August 17, 2001 (3 CFR, 

2001 Comp., 783 (2002)), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and extended most recently by the 

Notice of August 7, 2014, 79 FR 46959 

(August 11, 2014), has continued the 

EAR 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 as amended by Executive Order 

13637. 

Saving Clause 

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 

November 13, 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 November 

28, 2014. Any such items not actually 

exported or reexported before midnight, 

on November 28, 2014, require a license 

in accordance with this regulation. 

‘‘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 January 12, 2015. 

Beginning at midnight on January 12, 

2015, 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. 

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 

mstockstill on DSK4VPTVN1PROD with RULES

61574 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. This rule has been 

determined to be a significant regulatory 

action, although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

2. This rule involves collections 

previously approved by the Office of 

Management and Budget (OMB) under 

Control Number 0694–0088, ‘‘MultiPurpose Application,’’ which carries a 

burden hour estimate of 43.8 minutes to 

prepare and submit form BIS–748. Total 

burden hours associated with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) (PRA) and OMB 

Control Number 0694–0088 are not 

expected to increase significantly as a 

result of this rule. Notwithstanding any 

other provisions 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 PRA, unless that 

collection of information displays a 

currently valid OMB Control Number. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under 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 

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 is implementing 

this rule to protect U.S. national 

security and foreign policy interests by 

imposing an export and reexport license 

requirement on Read-Out Integrated 

Circuits, Radar for Helicopter Landing 

Systems, Seismic Intrusion Detection 

Systems, and Technology for Specified 

Infrared Up-Conversion Devices that are 

used in important sensor applications. 

The Departments of Commerce, State 

and Defense determined that immediate 

imposition of license requirements for 

these items is warranted to protect U.S. 

national security and foreign policy 

interests. Specifically, those agencies 

have determined that the items 

described in this rule warrant controls 

because of their potential military 

applications, which are noted above. 

Further, BIS finds good cause to 

waive the 30-day delay in effectiveness 

under 5 U.S.C. 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 7, 2014, 79 

FR 46959 (August 11, 2014). 

■ 2. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6, is 

amended by adding a new ECCN 6A990 

entry, immediately following the entry 

for Export Control Classification 

Number (ECCN) 6A226 and 

immediately preceding the entry for 

ECCN 6A991, to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

6A990 Read-out integrated circuits (ROICs) 

that enable 3D automotive imaging and 

ranging in the wavelength range 

exceeding 1,200 nm, but not exceeding 

3,000 nm, at distances up to 150 m. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (see 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

■ 3. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6, 

ECCN 6A998 is amended by revising the 

‘‘License Requirements’’ section and 

adding paragraph c. to the ‘‘Items’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section to read as follows: 

6A998 Radar systems, equipment and 

‘‘major components,’’ n.e.s., and 

‘‘specially designed’’ ‘‘components’’ 

therefor, as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to 

6A998.b.

RS Column 1 

RS applies to 

6A998.c.

RS Column 2 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: * * * 

c. Millimeter wave enhanced vision radar 

imaging systems ‘‘specially designed’’ for 

rotary wing aircraft and having all of the 

following: 

c.1. Operates at a frequency of 94 GHz; 

c.2. An average output power of less than 

20 mW; 

c.3. Radar beam width of 1 degree; and 

c.4. Operating range equal to or greater 

than 1500 m. 

■ 4. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6, 

ECCN 6A999 is amended by: 

■ a. Revising the ‘‘License 

Requirements’’ section; 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61575 

■ b. Revising paragraph a. to the ‘‘Items’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section; and 

■ c. Adding paragraph c. to the ‘‘Items’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section to read as follows: 

6A999 Specific processing equipment, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to 

6A999.c.

RS Column 2 

AT applies to entire entry. A license is 

required for items controlled by this entry to 

North Korea for anti-terrorism reasons. The 

Commerce Country Chart is not designed to 

determine AT licensing requirements for this 

entry. See § 742.19 of the EAR for additional 

information. 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

a. Seismic detection equipment not 

controlled in paragraph c. 

b. * * * 

c. Seismic intrusion detection systems that 

detect, classify and determine the bearing on 

the source of a detected signal. 

■ 5. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6, 

ECCN 6D991 is amended by revising the 

heading and ‘‘License Requirements’’ 

section to read as follows: 

6D991 ‘‘Software,’’ n.e.s., ‘‘specially 

designed’’ for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of commodities 

controlled by 6A002.a.1.d, 6A990, 

6A991, 6A996, 6A997, or 6A998. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to ‘‘software’’ for commodities controlled by 

6A002.a.1.d, 

6A990, or 6A998.b.

RS Column 1 

RS applies to ‘‘software’’ for 6A998.c.RS Column 2 

AT applies to entire 

entry, except ‘‘software’’ for commodities controlled by 

6A991.

AT Column 1 

AT applies to ‘‘software’’ for commodities controlled by 

6A991.

AT Column 2 

* * * * * 

■ 6. Supplement No. 1 to Part 744—The 

Commerce Control List, Category 6, 

ECCN 6D993 is amended by: 

■ a. Revising the ‘‘License 

Requirements’’ section; and 

■ b. adding paragraphs b. and c. to the 

‘‘Items’’ paragraph of the ‘‘List of Items 

Controlled’’ section to read as follows: 

6D993 Other ‘‘software,’’ not controlled by 

6D003, as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to 

6D993.c.

RS Column 1 

RS applies to 

6D993.b.

RS Column 2 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definitions: * * * 

Items: * * * 

b. ‘‘Software’’ ‘‘specially designed’’ for 

seismic intrusion detection systems in 

6A999.c. 

c. ‘‘Source Code’’ ‘‘specially designed’’ for 

seismic intrusion detection systems in 

6A999.c. 

■ 7. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6 

ECCN 6E001 is amended by revising the 

heading to read as follows: 

6E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment, materials 

or ‘‘software’’ controlled by 6A (except 

6A990, 6A991, 6A992, 6A994, 6A995, 

6A996, 6A997 6A998, or 6A999.c), 6B 

(except 6B995), 6C (except 6C992 or 

6C994), or 6D (except 6D991, 6D992, or 

6D993). 

* * * * * 

■ 8. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6, 

ECCN 6E002 is amended by revising the 

heading to read as follows: 

6E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of equipment or materials 

controlled by 6A (except 6A990, 6A991, 

6A992, 6A994, 6A995, 6A996, 6A997, 

6A998 or 6A999.c), 6B (except 6B995) or 

6C (except 6C992 or 6C994). 

* * * * * 

■ 9. Supplement No. 1 to Part 774—The 

Commerce Control List, Category 6 is 

amended by adding ECCN 6E990 

immediately following the entry for 

ECCN 6E202 and immediately 

preceding the entry for ECCN 6E991, to 

read as follows: 

6E990 Technology ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by ECCN 6A990. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

■ 10. In Supplement No. 1 to Part 774— 

The Commerce Control List, Category 6, 

ECCN 6E991 is revised to read as 

follows: 

6E991 ‘‘Technology’’ for the 

‘‘development’’, ‘‘production’’ or 

‘‘use’’ of equipment controlled by 

6A991, 6A996, 6A997, 6A998 or 

6A999.c. 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to ‘‘technology’’ for equipment controlled by 

6A998.b, 6A998.c 

and 6A999.c.

RS Column 1 

AT applies to entire 

entry, except 

‘‘technology’’ for 

equipment controlled by 6A991.

AT Column 1 

AT applies to ‘‘technology’’ for equipment controlled by 

6A991.

AT Column 2 

List Based License Exceptions (See Part 

740 for a Description of All License 

Exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

■ 11. Supplement No. 1 to Part 774— 

The Commerce Control List, Category 6, 

ECCN 6E993 is amended by: 

■ a. Revising the ‘‘License 

Requirements’’ section; and 

mstockstill on DSK4VPTVN1PROD with RULES

61576 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

1See Nationally Recognized Statistical Rating 

Organizations, Exchange Act Release No. 72936 

(Aug. 27, 2014), 79 FR 55078 (Sep. 15, 2014). 

■ b. Adding paragraph e. to the ‘‘Items’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section to read as follows: 

6E993 Other ‘‘technology,’’ not controlled 

by 6E003, as follows (see List of Items 

Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

RS applies to 

6E993.e.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

Related Definition: * * * 

Items: * * * 

e. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of infrared 

up-conversion devices having all of the 

following: 

e.1. A response in the wavelength range 

exceeding 700 nm but not exceeding 1500 

nm; and 

e.2. A combination of an infrared 

photodetector, light emitting diode (OLED), 

and nanocrystal to convert infrared light into 

visible light. 

* * * * * 

Dated: October 7, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–24359 Filed 10–10–14; 8:45 am] 

BILLING CODE 3510–33–P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Parts 232, 240, 249, and 249b 

[Release No. 34–72936A; File No. S7–18– 

11] 

RIN 3235–AL15 

Nationally Recognized Statistical 

Rating Organizations; Correction 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule; correction. 

SUMMARY: The Securities and Exchange 

Commission (‘‘Commission’’) is 

correcting a final rule that appeared in 

the Federal Register of September 15, 

2014 (79 FR 55078). The rule applies to 

credit rating agencies registered with the 

Commission as nationally recognized 

statistical rating organizations 

(‘‘NRSROs’’), providers of third-party 

due diligence services for asset-backed 

securities, and issuers and underwriters 

of asset-backed securities.1

DATES: Effective November 14, 2014. 

FOR FURTHER INFORMATION CONTACT: Rose 

Russo Wells, Senior Counsel, at (202) 

551–5527; Division of Trading and 

Markets, Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–7010. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2014–20890, appearing on page 55078 

in the Federal Register of Monday, 

September 15, 2014, the following 

corrections are made: 

■ 1. On page 55261, in the second 

column, under the heading ‘‘Text of 

Final Rules’’ the word ‘‘Regulation’’ is 

corrected to read ‘‘Regulations’’ 

§ 240.15Ga–2 [Corrected] 

■ 2. On page 55261, in the third column, 

in § 240.15Ga–2(a), the citation ‘‘(15 

U.S.C. 78c(a)(79))’’ is corrected to read 

‘‘(15 U.S.C. 78c(a)(79)))’’ 

§ 240.17g–3 [Corrected] 

■ 3. On page 55263, in the second 

column, amendment 7.f to § 240.17g–3 

is corrected to read: ‘‘In paragraphs 

(a)(3) introductory text, (a)(4) 

introductory text, and (a)(5) 

introductory text, by removing the 

words ‘‘An unaudited financial report’’ 

and in their place adding the phrase 

‘‘File with the Commission an 

unaudited financial report, as of the end 

of the fiscal year,’’ ’’ 

■ 4. On page 55263, in the second 

column, amendment 7.g to § 240.17g–3 

is corrected to read ‘‘In paragraph (a)(6) 

introductory text, by removing the 

words ‘‘An unaudited report’’ and in 

their place adding the phrase ‘‘Furnish 

the Commission with an unaudited 

report, as of the end of the fiscal year,’’ ’’ 

§ 240.17g–5 [Corrected] 

■ 5. On page 55264, in the second 

column, amendments 8.b and 8.h to 

§ 240.17g–5, are removed and the 

remaining amendments are renumbered: 

8.a, 8.b, 8.c, 8.d, 8.e, 8.f, 8.g, and 8.h. 

§ 249b.300 [Corrected] 

■ 6. On page 55274, in Part 249b,in 

amendment 17, the words ‘‘Form 

(referenced in § 249b.300)’’ are corrected 

to read ‘‘Form NRSRO (referenced in 

§ 249b.300)’’ 

■ 7. On pages 55309–55310, in Form 

NRSRO (referenced in § 249b.300), the 

list is corrected to read as follows: 

BILLING CODE 8011–01–P 

mstockstill on DSK4VPTVN1PROD with RULES