35310 Federal Register / Vol. 77, No. 114 / Wednesday, June 13, 2012 / Proposed Rules 

N., long. 77°10′19′′ W.; to lat. 38°03′12′′ 

N., long. 77°09′34′′ W.; to lat. 38°02′22′′ 

N., long. 77°11′39′′ W.; to lat. 38°02′30′′ 

N., long. 77°14′39′′ W.; to lat. 38°01′50′′ 

N., long. 77°16′07′′ W.; to lat. 38°02′15′′ 

N., long. 77°18′03′′ W.; to lat. 38°02′40′′ 

N., long. 77°18′59′′ W.; then to the point 

of beginning. 

Designated altitudes. 4,500 feet MSL 

to but not including 7,500 feet MSL. 

Time of designation. By NOTAM 24 

hours in advance. 

Controlling agency. FAA, Potomac 

TRACON. 

Using agency. U.S. Army, 

Commander, Fort A.P. Hill, VA. 

4. R–6601C Fort A.P. Hill, VA [New] 

Boundaries. Beginning at lat. 

38°04′37′′ N., long. 77°18′44′′ W.; then 

along U.S. Highway 301 to lat. 38°09′38′′ 

N., long. 77°12′07′′ W.; to lat. 38°07′09′′ 

N., long. 77°08′40′′ W.; to lat. 38°05′30′′ 

N., long. 77°09′05′′ W.; to lat. 38°04′40′′ 

N., long. 77°10′19′′ W.; to lat. 38°03′12′′ 

N., long. 77°09′34′′ W.; to lat. 38°02′22′′ 

N., long. 77°11′39′′ W.; to lat. 38°02′30′′ 

N., long. 77°14′39′′ W.; to lat. 38°01′50′′ 

N., long. 77°16′07′′ W.; to lat. 38°02′15′′ 

N., long. 77°18′03′′ W.; to lat. 38°02′40′′ 

N., long. 77°18′59′′ W.; then to the point 

of beginning. 

Designated altitudes. 7,500 feet MSL 

to 9,000 feet MSL. 

Time of designation. By NOTAM 24 

hours in advance. 

Controlling agency. FAA, Potomac 

TRACON. 

Using agency. U.S. Army, 

Commander, Fort A.P. Hill, VA. 

Issued in Washington, DC, on June 7, 2012. 

Colby Abbott, 

Acting Manager, Airspace, Regulations and 

ATC Procedures Group. 

[FR Doc. 2012–14404 Filed 6–12–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 120202094–2065–01] 

RIN 0694–AF54 

Revisions to the Export Administration 

Regulations (EAR): Control of Military 

Training Equipment and Related Items 

the President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule describes 

how articles the President determines 

no longer warrant control under 

Category IX (Military Training 

Equipment and Training) of the United 

States Munitions List (USML) would be 

controlled under the Commerce Control 

List (CCL) in new Export Control 

Classification Numbers (ECCNs) 0A614, 

0B614, 0D614, and 0E614. 

This rule is one in a planned series of 

proposed rules describing how various 

types of articles the President 

determines, as part of the 

Administration’s Export Control Reform 

Initiative, no longer warrant USML 

control, would be controlled on the CCL 

and by the EAR. This proposed rule is 

being published in conjunction with a 

proposed rule from the Department of 

State, Directorate of Defense Trade 

Controls, which would amend the list of 

articles enumerated in USML Category 

IX. The revisions in this rule are part of 

Commerce’s retrospective plan under 

EO 13563 completed in August 2011. 

Commerce’s full plan can be accessed 

at: http://open.commerce.gov/news/ 

2011/08/23/commerce-planretrospective-analysis-existing-rules. 

DATES: Comments must be received by 

July 30, 2012. 

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– 

2012–0023. 

• By email directly to 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF54 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–AF54. 

FOR FURTHER INFORMATION CONTACT: 

Daniel Squire, Office of National 

Security and Technology Transfer 

Controls, Sensors and Aviation 

Division, tel. 202 482 3710, email 

daniel.squire@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, BIS published 

a proposed rule (76 FR 41958) (herein 

‘‘the July 15 proposed rule’’) that set 

forth a framework for how articles the 

President determines, in accordance 

with section 38(f) of the Arms Export 

Control Act (AECA) (22 U.S.C. 2778(f)), 

would no longer warrant control on the 

United States Munitions List (USML) 

and would be controlled on the 

Commerce Control List (CCL) in 

Supplement No. 1 to Part 774 of the 

Export Administration Regulations 

(EAR). On November 7, 2011, BIS 

published a rule (76 FR 68675) 

proposing several changes to the 

framework initially proposed in the July 

15 rule. 

Following the structure of the July 15 

and November 7 proposed rules, this 

proposed rule describes BIS’s proposal 

for controlling under the EAR and its 

CCL military training equipment and 

related articles now controlled by the 

ITAR’s USML under Category IX but 

that would no longer be so controlled if 

the State Department’s proposed 

revision to the Category were to become 

final. The changes described in this 

proposed rule and the State 

Department’s proposed companion rule 

to Category IX of the USML are based 

on a review of Category IX by the 

Defense Department, which worked 

with the Departments of State and 

Commerce in preparing the proposed 

amendments. The review was focused 

on identifying the types of articles that 

are now enumerated in USML Category 

IX that are either (i) inherently military 

and otherwise warrant control on the 

USML or (ii) common to non-military 

training equipment applications, 

possess parameters or characteristics 

that provide a critical military or 

intelligence advantage to the United 

States, and almost exclusively available 

from the United States. If an article 

satisfied one or both of those criteria, 

the article remained on the USML. If an 

article did not satisfy either standard 

but was nonetheless a type of article 

that is, as a result of differences in form 

and fit, ‘‘specially designed’’ for military 

applications, it was identified in the 

new ECCNs proposed in this notice. The 

licensing requirements and other EARspecific controls for such items 

described in this notice would enhance 

national security by permitting the U.S. 

Government to focus its resources on 

controlling, monitoring, investigating, 

analyzing, and, if need be, prohibiting 

exports and reexports of more 

significant items to destinations, end 

uses, and end users of greater concern 

than our NATO allies and other multiregime partners. 

Pursuant to section 38(f) of the AECA, 

the President shall review the USML ‘‘to 

determine what items, if any, no longer 

warrant export controls under’’ the 

AECA. The President must report the 

results of the review to Congress and 

wait 30 days before removing any such 

items from the USML. The report must 

‘‘describe the nature of any controls to 

be imposed on that item under any 

other provision of law.’’ 22 U.S.C. 

2778(f)(1). 


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In the July 15 proposed rule, BIS 

proposed creating a series of new 

ECCNs to control items that would be 

removed from the USML, or that are 

items from the Munitions List of the 

Wassenaar Arrangement on Export 

Controls for Conventional Arms and 

Dual Use Goods and Technologies List 

(Wassenaar Arrangement Munitions List 

or WAML) that are already controlled 

elsewhere on the CCL. The proposed 

rule referred to this series as the ‘‘600 

series’’ because the third character in 

each of the new ECCNs would be a ‘‘6.’’ 

The first two characters of the 600 series 

ECCNs serve the same function as any 

other ECCN as described in § 738.2 of 

the EAR. The first character is a digit in 

the range 0 through 9 that identifies the 

Category on the CCL in which the ECCN 

is located. The second character is a 

letter in the range A through E that 

identifies the product group within a 

CCL Category. In the 600 series, the 

third character is the number 6. With 

few exceptions, the final two characters 

identify the WAML category that covers 

items that are the same or similar to 

items in a particular 600 series ECCN. 

This proposed rule would create four 

such ECCNs: 0A614, 0B614, 0D614, and 

0E614. ECCN 0A614 would control 

military training equipment and specific 

‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ therefor. 

ECCN 0B614 would control test, 

inspection, and production 

‘‘equipment,’’ including related ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories and 

attachments,’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 0A614 or articles 

controlled by USML Category IX. ECCN 

0D614 would control ‘‘software’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation or maintenance of items 

controlled by ECCNs 0A614 or 0B614. 

ECCN 0E614 would control 

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

‘‘production,’’ operation, installation, 

maintenance, repair or overhaul of 

commodities controlled by ECCNs 

0A614 or 0B614 or ‘‘software’’ 

controlled by ECCN 0D614. 

The revisions in this rule are part of 

Commerce’s retrospective plan under 

EO 13563 completed in August 2011. 

Commerce’s full plan can be accessed 

at: http://open.commerce.gov/news/ 

2011/08/23/commerce-planretrospective-analysis-existing-rules. 

BIS will publish additional Federal 

Register notices containing proposed 

amendments to the CCL that will 

describe proposed controls for 

additional categories of articles the 

President determines no longer warrant 

control under the USML. The State 

Department will publish concurrently 

proposed amendments to the USML that 

correspond to the BIS notices. BIS will 

also publish proposed rules to further 

align the CCL with the WAML and the 

Missile Technology Control Regime 

Equipment, Software and Technology 

Annex. 

Detailed Description of Changes 

Proposed by This Rule 

New ECCN 0A614: Military Training 

‘‘Equipment’’ 

Proposed ECCN 0A614 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

anti-terrorism controls on military 

training ‘‘equipment’’ not controlled by 

the USML and on most ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories and 

attachments’’ ‘‘specially designed’’ for 

such military training ‘‘equipment.’’ 

ECCN 0A614 also would apply the same 

controls to ‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ for 

military training ‘‘equipment’’ 

controlled by Category IX of the USML 

unless such ‘‘parts,’’ ‘‘components,’’ or 

‘‘accessories and attachments’’ are 

specifically controlled by the USML or 

another ECCN on the Commerce Control 

List. Notes to proposed ECCN 0A614 

would identify how specific 

commodities would be classified under 

ECCN 0A614, including simulators for 

non-combat military aircraft, certain 

radar training units, and training 

‘‘equipment’’ for ground military 

operations. ECCN 0A614.y would 

impose only anti-terrorism controls on 

specific ‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ that are 

‘‘specially designed’’ for a commodity 

controlled by ECCN 0A614 and not 

specified elsewhere in the CCL. 

New ECCN 0B614: Test, Inspection, and 

Production ‘‘Equipment’’ for Military 

Training ‘‘Equipment’’ and ‘‘Specially 

Designed’’ ‘‘Parts,’’ ‘‘Components,’’ and 

‘‘Accessories and Attachments’’ 

Therefor 

Proposed ECCN 0B614 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

anti-terrorism controls on test, 

inspection and production equipment, 

and on ‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ therefor, 

that are ‘‘specially designed’’ for the 

‘‘production’’ of commodities controlled 

by ECCN 0A614 or USML Category IX. 

ECCN 0B614.y would impose only antiterrorism controls on specific ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories and 

attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled 

by ECCN 0B614 and not specified 

elsewhere in the CCL. 

New ECCN 0D614: ‘‘Software’’ Related 

to Military Training ‘‘Equipment’’ 

Proposed ECCN 0D614 would impose 

national security, (NS Column 1), 

regional stability (RS Column 1), and 

anti-terrorism (AT Column 1) controls 

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

the ‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by ECCNs 

0A614 or 0B614 (except the .y 

paragraphs of these ECCNs). ECCN 

0D614.y would impose only antiterrorism controls on specific 

‘‘software’’ that is ‘‘specially designed’’ 

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

operation or maintenance of 

commodities controlled by ECCNs 

0A614.y or 0B614.y. 

New ECCN 0E614: ‘‘Technology’’ 

(Related to ECCNs 0A014, 0B014, and 

0D014) 

Proposed ECCN 0E614 would impose 

national security (NS Column 1), 

regional stability (RS Column 1), and 

anti-terrorism (AT Column 1) controls 

on ‘‘technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities 

controlled by 0A614 or 0B614, or 

software controlled by 0D614 (except 

the .y paragraphs of these ECCNs). 

ECCN 0E614.y would impose only antiterrorism controls on specific 

‘‘technology’’ that is ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ 

operation, installation, maintenance, 

repair or overhaul of commodities 

controlled by ECCNs 0A614.y or 

0B614.y or software controlled by ECCN 

0D614.y. 

Inclusion of ‘‘.y.99’’ Paragraphs in 600 

Series ECCNs 

Proposed new ECCNs 0A614, 0B614, 

0D614 and 0E614 also would contain a 

paragraph ‘‘.y.99’’ that would control 

any item that meets all of the following 

criteria: (i) The item is not listed on the 

CCL; (ii) the item was previously 

determined to be subject to the EAR in 

an applicable commodity jurisdiction 

determination issued by the U.S. 

Department of State; and (iii) the item 

would otherwise be controlled under 

one of these 0x614 ECCNs because, for 

example, the item was ‘‘specially 

designed’’ for a military use. 

Revisions to § 742.6 of the EAR 

To implement the regional stability 

controls that apply to the four new ‘‘600 

series’’ ECCNs noted above, this 

proposed rule would revise § 742.6(a)(1) 

of the EAR to apply the RS Column 1 

licensing policy to items classified 


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under ECCNs 0A614, 0B614, 0D614 and 

0E614 (except the .y paragraphs). 

Proposed New ECCNs and License 

Exception STA 

The July 15 proposed rule, as 

modified by the November 7 proposed 

rule, would preclude use of License 

Exception STA for end-items in 600 

series ECCNs unless eligibility for such 

use was applied for and approved by 

BIS. This proposed rule would exempt 

end items classified under ECCN 0A614 

(military training ‘‘equipment’’) and 

classified under ECCN 0B614 (test, 

inspection and production ‘‘equipment’’ 

for military training ‘‘equipment’’) from 

that requirement. BIS notes this 

proposed policy by including in the 

STA paragraphs of these two ECCNs a 

statement that reads: ‘‘Paragraph (c)(1) 

of License Exception STA 

(§ 740.20(c)(1)) may be used for items in 

0A614 without the need for a 

determination described in § 740.20(g).’’ 

This provision would prevail over the 

elements of the July 15 proposed rule, 

as modified by the November 7 

proposed rule, that indicated that ‘‘600 

series’’ ‘‘end items’’ may not be 

exported, reexported or transferred 

pursuant to License Exception STA 

unless those end items have been 

identified by BIS in writing or 

published as an eligible item for License 

Exception STA in response to a License 

Exception STA eligibility request in 

accordance with § 740.20(g) of the EAR. 

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. 

Relationship to the July 15 Proposed 

Rule and the November 7 Proposed Rule 

As referenced above, the purpose of 

the July 15 proposed rule was to set up 

the framework to support the transfer of 

items from the USML to the CCL. To 

facilitate that goal, the July 15 proposed 

rule contained definitions and concepts 

that were meant to be applied across 

categories. However, as BIS undertakes 

rulemakings to move specific categories 

of items from the USML to the CCL, 

there may be unforeseen issues or 

complications that may require BIS to 

reexamine those definitions and 

concepts. The comment period for the 

July 15 proposed rule closed on 

September 13, 2011. In the November 7 

proposed rule, BIS proposed several 

changes to those definitions and 

concepts. The comment period for the 

November 7 proposed rule closed on 

December 22, 2011. 

To the extent that this rule’s proposals 

affect any provision in either of those 

proposed rules or any provision in 

either of those proposed rules affect this 

proposed rule, BIS will consider 

comments on those provisions so long 

as they are within the context of the 

changes proposed in this rule. 

BIS believes that the following aspects 

of the July 15 proposed rule and the 

November 7 proposed rule are among 

those that could affect this proposed 

rule: 

• De minimis provisions in § 734.4; 

• Restrictions on use of license 

exceptions in §§ 740.2, 740.10, 740.11, 

and 740.20; 

• Change to national security 

licensing policy in § 742.4; 

• Licensing policy in § 742.4(b)(1)(ii); 

• Addition of 600 series items to 

Supplement No. 2 to Part 744—List of 

Items Subject to the Military End-Use 

Requirement of § 744.21; 

• Addition of U.S. arms embargo 

policy regarding 600 series items set 

forth in § 742.4(b)(1)(ii) (national 

security) of the July 15 proposed rule to 

§ 742.6(b)(1) (regional stability) of the 

November 7 proposed rule; and 

• Definitions of terms in § 772.1. 

Effects of This Proposed Rule 

De minimis 

The July 15 proposed rule would 

impose certain unique de minimis 

requirements on items controlled under 

the new 600 series ECCNs. Section 

734.3 of the EAR provides, inter alia, 

that under certain conditions, items 

made outside the United States that 

incorporate items subject to the EAR are 

not subject to the EAR if they do not 

exceed a de minimis percentage of 

controlled U.S.-origin content. 

Depending on the destination, the de 

minimis percentage can be either 10 

percent or 25 percent. The military 

training ‘‘equipment’’ and the test, 

inspection and production ‘‘equipment’’ 

for military training ‘‘equipment’’ that 

would be subject to the EAR as a result 

of this proposed rule would become 

eligible for de minimis treatment. 

Use of License Exceptions 

Military training ‘‘equipment’’ and 

test, inspection, and production 

‘‘equipment’’ therefor currently on the 

USML that would be classified under 

ECCNs 0A614 and 0B614 would become 

eligible for several license exceptions, 

including STA, which would be 

available for exports to certain 

government agencies of NATO and 

other multi-regime close allies. The 

exchange of information and statements 

required under STA is substantially less 

burdensome than are the license 

application requirements currently 

required under the ITAR, as discussed 

in more detail in the ‘‘Regulatory 

Requirements’’ section of this proposed 

rule. None of the military training 

‘‘equipment’’ or test, inspection and 

production ‘‘equipment’’ therefor that 

would be controlled by ECCNs 0A614 or 

0B614 would be subject to the provision 

in the July 15 proposed rule that 

proposes to preclude the use of License 

Exception STA for ‘‘600 series’’ end 

items unless approval for such use is 

sought from and granted by BIS. The 

items covered by this rule also would be 

eligible for the following license 

exceptions: LVS (limited value 

shipments), up to $1500; TMP 

(temporary exports); and RPL (servicing 

and parts replacement). 

Alignment With the Wassenaar 

Arrangement Munitions List 

The Administration has stated since 

the beginning of the Export Control 

Reform Initiative that the reforms will 

be consistent with U.S. obligations to 

the multilateral export control regimes. 

Accordingly, the Administration will, in 

this and subsequent proposed rules, 

exercise its national discretion to 

implement, clarify, and, to the extent 

feasible, align its controls with those of 

the regimes. This proposed rule would 

align controls on the items that it adds 

to the CCL by placing them in new 600 

series ECCNs ending in ‘‘14’’ to parallel 

Category ML14 on the Wassenaar 

Arrangement Munitions List 

(‘‘ ‘Specialised equipment for military 

training’ or for simulating military 

scenarios, simulators specially designed 

for training in the use of any firearm or 

weapon specified by ML.1 or ML.2, and 

specially designed components and 

accessories therefor’’). Items in 

proposed ECCN 0A614 are covered by 

WAML Category ML 14. 

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 12, 2011, 76 FR 50661 

(August 16, 2011), 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 


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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 

designated 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. 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 proposed 

rule would affect two approved 

collections: Simplified Network 

Application Processing System (control 

number 0694–0088), which includes, 

among other things, license 

applications, and License Exceptions 

and Exclusions (0694–0137). 

As stated in the proposed rule 

published at 76 FR 41958 (July 15, 

2011), BIS believes that the combined 

effect of all rules to be published adding 

items to the EAR that would be removed 

from the ITAR as part of the 

administration’s Export Control Reform 

Initiative would increase the number of 

license applications to be submitted by 

approximately 16,000 annually, 

resulting in an increase in burden hours 

of 5,067 (16,000 transactions at 17 

minutes each) under control number 

0694–0088. 

Military training ‘‘equipment,’’ related 

test, inspection, and production 

‘‘equipment,’’ ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories and attachments,’’ 

‘‘software’’ and ‘‘technology’’ formerly 

on the USML would become eligible for 

License Exception STA under this rule. 

As stated in the July 15 proposed rule, 

BIS believes that the increased use of 

License Exception STA resulting from 

combined effect of all rules to be 

published adding items to the EAR that 

would be removed from the ITAR as 

part of the administration’s Export 

Control Reform Initiative would 

increase the burden associated with 

control number 0694–0137 by about 

23,858 hours (20,450 transactions @ 1 

hour and 10 minutes each). 

BIS expects that this increase in 

burden would be more than offset by a 

reduction in burden hours associated 

with approved collections related to the 

ITAR. The largest impact of the 

proposed rule would likely apply to 

exporters of replacement parts for 

military training ‘‘equipment’’ that has 

been approved under the ITAR for 

export to allies and regime partners. 

Because, with few exceptions, the ITAR 

allows exemptions from license 

requirements only for exports to 

Canada, most exports of such parts, 

even when destined to NATO and other 

close allies, require specific State 

Department authorization. Under the 

EAR, as proposed in this notice, such 

parts as well as non-combat military 

trainers, certain radar trainers and 

training ‘‘equipment’’ for ground 

military operations along with related 

test, inspection, and production 

‘‘equipment’’ would become eligible for 

export to NATO and other multi-regime 

allies under License Exception STA. 

Use of License Exception STA imposes 

a paperwork and compliance burden 

because, for example, exporters must 

furnish information about the item 

being exported to the consignee and 

obtain from the consignee an 

acknowledgement and commitment to 

comply with the EAR. However, the 

Administration understands that 

complying with the burdens of STA is 

likely less burdensome than applying 

for licenses. For example, under License 

Exception STA, a single consignee 

statement can apply to an unlimited 

number of products, need not have an 

expiration date, and need not be 

submitted to the government in advance 

for approval. Suppliers with regular 

customers can tailor a single statement 

and assurance to match their business 

relationship rather than applying 

repeatedly for licenses with every 

purchase order to supply reliable 

customers in countries that are close 

allies or members of export control 

regimes or both. 

Even in situations in which a license 

would be required under the EAR, the 

burden is likely to be reduced compared 

to the license requirement of the ITAR. 

In particular, license applications for 

exports of technology controlled by 

ECCN 0E614 are likely to be less 

complex and burdensome than the 

authorizations required to export ITARcontrolled technology, i.e., 

Manufacturing License Agreements and 

Technical Assistance Agreements. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

601 et seq., generally requires an agency 

to prepare an initial regulatory 

flexibility analysis (IRFA) of any rule 

subject to the notice and comment 

rulemaking requirements under the 

Administrative Procedure Act (5 U.S.C. 

553) or any other statute. However, 

under section 605(b) of the RFA, 

however, if the head of an agency 

certifies that a rule will not have a 

significant impact on a substantial 

number of small entities, the RFA does 

not require the agency to prepare a 

regulatory flexibility analysis. Pursuant 

to section 605(b), the Chief Counsel for 

Regulation, Department of Commerce, 

submitted a memorandum to the Chief 

Counsel for Advocacy, Small Business 

Administration, certifying that this 

proposed rule, if promulgated, will not 

have a significant impact on a 

substantial number of small entities. 

Number of Small Entities 

The Bureau of Industry and Security 

(BIS) does not collect data on the size 

of entities that apply for and are issued 

export licenses. Although BIS is unable 

to estimate the exact number of small 

entities that would be affected by this 

rule, it acknowledges that this rule 

would affect some unknown number. 

Economic Impact 

This proposed rule is part of the 

Administration’s Export Control Reform 

Initiative. Under that initiative, the 

United States Munitions List (22 CFR 

part 121) (USML) would be revised to be 

a ‘‘positive’’ list, i.e., a list that does not 

use generic, catch-all controls on any 

part, component, accessory, attachment, 

or end item that was in any way 

specifically modified for a defense 

article, regardless of the article’s 

military or intelligence significance or 

non-military applications. At the same 

time, articles that are determined to no 

longer warrant control on the USML 

would become controlled on the 

Commerce Control List (CCL). Such 

items, along with certain military items 

that currently are on the CCL, will be 

identified in specific Export Control 

Classification Numbers (ECCNs) known 

as the ‘‘600 series’’ ECCNs. In addition, 

some items currently on the Commerce 

Control List would move from existing 

ECCNs to the new 600 series ECCNs. In 

practice, the greatest impact of this rule 

on small entities would likely be 

reduced administrative costs and 


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reduced delay for exports of items that 

are now on the USML but would 

become subject to the EAR. This rule 

addresses Category IX articles, which 

are: military training ‘‘equipment,’’ 

‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ therefor; 

test, inspection, and production 

‘‘equipment’’ for military training 

‘‘equipment’’ and ‘‘parts,’’ 

‘‘components’’ and ‘‘accessories and 

attachments’’ therefor; and related 

‘‘software’’ and ‘‘technology.’’ Training 

‘‘equipment’’ related to certain 

inherently military functions would 

remain on the USML. However, parts, 

components, and ‘‘accessories and 

attachments’’ for that ‘‘equipment’’ 

would be included on the CCL unless 

expressly controlled on the USML. Such 

parts and components are more likely to 

be produced by small businesses than 

are complete items of training 

equipment, and would in many cases 

become subject to the EAR. Moreover, 

officials of the Department of State have 

informed BIS that license applications 

for such parts and components are a 

high percentage of the license 

applications for USML articles reviewed 

by that department. 

Changing the jurisdictional status of 

Category IX items would reduce the 

burden on small entities (and other 

entities as well) through: 

—Elimination of some license 

requirements, 

—Greater availability of license 

exceptions, 

—Simpler license application 

procedures, and 

—Reduced (or eliminated) registration 

fees. 

In addition, parts and components 

controlled under the ITAR remain under 

ITAR control when incorporated into 

foreign-made items, regardless of the 

significance or insignificance of the 

item, discouraging foreign buyers from 

incorporating such U.S. content. The 

availability of de minimis treatment 

under the EAR may reduce the incentive 

for foreign manufacturers to avoid 

purchasing U.S.-origin parts and 

components. 

Many exports and reexports of the 

Category IX articles that would be 

placed on the CCL, as proposed in this 

rule, particularly parts and components, 

would become eligible for license 

exceptions that apply to shipments to 

U.S. Government agencies, shipments 

valued at less than $1,500, parts and 

components being exported for use as 

replacement parts, temporary exports, 

and License Exception Strategic Trade 

Authorization (STA), reducing the 

number of licenses that exporters of 

these items would need. License 

exceptions under the EAR would allow 

suppliers to send routine replacement 

parts and low level parts to NATO and 

other close allies and export control 

regime partners for use by those 

governments and for use by contractors 

building equipment for those 

governments or for the U.S. Government 

without having to obtain export 

licenses. Under License Exception STA, 

the exporter would need to furnish 

information about the item being 

exported to the consignee and obtain a 

statement from the consignee that, 

among other things, would commit the 

consignee to comply with the EAR and 

other applicable U.S. laws. Because 

such statements and obligations can 

apply to an unlimited number of 

transactions and have no expiration 

date, they would impose a net reduction 

in burden on transactions that the 

government routinely approves through 

the license application process that the 

License Exception STA statements 

would replace. 

Even for exports and reexports in 

which a license would be required, the 

process would be simpler and less 

costly under the EAR. When a USML 

Category IX article is moved to the CCL, 

the number of destinations for which a 

license is required would remain 

unchanged. However, the burden on the 

license applicant would decrease 

because the licensing procedure for CCL 

items is simpler and more flexible than 

the license procedure for USML articles. 

Under the USML licensing procedure, 

an applicant must include a purchase 

order or contract with its application. 

There is no such requirement under the 

CCL licensing procedure. This 

difference gives the CCL applicant at 

least two advantages. First, the 

applicant has a way of determining 

whether the U.S. government will 

authorize the transaction before it enters 

into potentially lengthy, complex and 

expensive sales presentations or 

contract negotiations. Under the USML 

procedure, the applicant will need to 

caveat all sales presentations with a 

reference to the need for government 

approval and is more likely to have to 

engage in substantial effort and expense 

only to find that the government will 

reject the application. Second, a CCL 

license applicant need not limit its 

application to the quantity or value of 

one purchase order or contract. It may 

apply for a license to cover all of its 

expected exports or reexports to a 

particular consignee over the life of a 

license (normally two years, but may be 

longer if circumstances warrant a longer 

period), reducing the total number of 

licenses for which the applicant must 

apply. 

In addition, many applicants 

exporting or reexporting items that this 

rule would transfer from the USML to 

the CCL would realize cost savings 

through the elimination of some or all 

registration fees currently assessed 

under the ITAR’s licensing procedure. 

Currently, ITAR applicants must pay to 

use the ITAR licensing procedure even 

if they never actually are authorized to 

export. Registration fees for 

manufacturers and exporters of articles 

on the USML start at $2,500 per year, 

increase to $2,750 for organizations 

applying for one to ten licenses per year 

and further increases to $2,750 plus 

$250 per license application (subject to 

a maximum of three percent of total 

application value) for those who need to 

apply for more than ten licenses per 

year. There are no registration or 

application processing fees for 

applications to export items listed on 

the CCL. Once the Category IX items 

that are the subject to this rulemaking 

are removed from the USML and added 

to the CCL, entities currently applying 

for licenses from the Department of 

State would find their registration fees 

reduced if the number of ITAR licenses 

those entities need declines. If an 

entity’s entire product line is moved to 

the CCL, then its ITAR registration and 

registration fee requirement would be 

eliminated. 

De minimis treatment under the EAR 

would become available for all items 

that this rule proposes to transfer from 

the USML to the CCL. Items subject to 

the ITAR remain subject to the ITAR 

when they are incorporated abroad into 

a foreign-made product regardless of the 

percentage of U.S. content in that 

foreign made product. Foreign-made 

products that incorporate items that this 

rule would move to the CCL would be 

subject to the EAR only if their total 

controlled U.S.-origin content exceeded 

10 percent. Because including small 

amounts of U.S.-origin content would 

not subject foreign-made products to the 

EAR, foreign manufacturers would have 

less incentive to avoid such U.S.-origin 

parts and components, a development 

that potentially would mean greater 

sales for U.S. suppliers, including small 

entities. 

BIS is still considering comments 

made in response to the July 15 rule 

pertaining to these proposed new de 

minimis levels and, as noted above, will 

consider de minimis-related comments 

to this proposed rule provided they are 

in the context of this proposed rule. 

However, BIS believes that increased 

burden imposed by those actions will be 

offset substantially by the reduction in 


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burden attributable to the moving of 

items from the USML to CCL and the 

compliance benefits associated with the 

consolidation of all WAML items 

subject to the EAR in one series of 

ECCNs. 

Conclusion 

BIS is unable to determine the precise 

number of small entities that would be 

affected by this rule. Based on the facts 

and conclusions set forth above, BIS 

believes that any burdens imposed by 

this rule would be offset by a reduction 

in the number of items that would 

require a license, increased 

opportunities for use of license 

exceptions for exports to certain 

countries, simpler export license 

applications, reduced or eliminated 

registration fees and application of a de 

minimis threshold for foreign-made 

items incorporating U.S.-origin parts 

and components, which would reduce 

the incentive for foreign buyers to 

design out or avoid U.S.-origin content. 

For these reasons, the Chief Counsel for 

Regulation of the Department of 

Commerce certified to the Chief Counsel 

for Advocacy of the Small Business 

Administration that this rule, if adopted 

in final form, would not have a 

significant economic impact on a 

substantial number of small entities. 

Accordingly, no IRFA is required, and 

none has been prepared. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 742 and 774 of the 

Export Administration Regulations (15 

CFR parts 730–774) are proposed to be 

amended as follows: 

PART 742—[AMENDED] 

1. The authority citation for 15 CFR 

part 742 continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 12, 2011, 76 FR 

50661 (August 16, 2011); Notice of November 

9, 2011, 76 FR 70319 (November 10, 2011). 

2. Section 742.6 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 742.6 Regional stability. 

(a) License requirements. The 

following controls are maintained in 

support of U.S. foreign policy to 

maintain regional stability: 

(1) RS Column 1 License 

Requirements in General. As indicated 

in the CCL and in RS column 1 of the 

Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to all 

destinations, except Canada, for items 

described on the CCL under ECCNs 

0A606 (except 0A606.b and .y); 0A614 

(except 0A614.y); 0A617 (except 

0A617.y); 0B606 (except 0B606.y); 

0B614 (except 0B614.y); 0B617 (except 

0B617.y); 0C606 (except 0C606.y); 

0C617; 0D606 (except 0D606.y); 0D614 

(except 0D614.y); 0D617 (except 

0D617.y); 0E606 (except 0E606.y); 

0E614 (except 0E614.y); 0E617 (except 

0E617.y); 1A607 (except 1A607.y); 

1B607; (except 1B607.y); 1B608 (except 

1B608.y); 1C607; 1C608; 1D607 (except 

1D607.y); 1D608(except 1D608.y); 

1E607 (except 1E607.y); 1E608 (except 

1E608.y); 3A982; 3D982; 3E982; 

6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3, 

and b.4.a; 6A008.j.1; 6A998.b; 6D001 

(only ‘‘software’’ for the ‘‘development’’ 

or ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3, .c; 6A003.b.3 and .b.4; or 

6A008.j.1); 6D002 (only ‘‘software’’ for 

the ‘‘use’’ of items in 6A002.a.1, a.2, a.3, 

.c; 6A003.b.3 and .b.4; or 6A008.j.1); 

6D003.c, 6D991 (only ‘‘software’’ for the 

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

of equipment controlled by 6A002.e or 

6A998.b); 6E001 (only technology’’ for 

‘‘development’’ of items in 6A002.a.1, 

a.2, a.3 (except 6A002.a.3.d.2.a and 

6A002.a.3.e for lead selenide focal plane 

arrays), and .c or .e, 6A003.b.3 and b.4, 

or 6A008.j.1); 6E002 (only ‘‘technology’’ 

for ‘‘production’’ of items in 6A002.a.1, 

a.2, a.3, .c, or .e, 6A003.b.3 or b.4, or 

6A008.j.1); 6E991 (only ‘‘technology’’ 

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

‘‘use’’ of equipment controlled by 

6A998.b); 6D994; 7A994 (only QRS11– 

00100–100/101 and QRS11–0050–443/ 

569 Micromachined Angular Rate 

Sensors); 7D001 (only ‘‘software’’ for 

‘‘development’’ or ‘‘production’’ of 

items in 7A001, 7A002, or 7A003); 

7E001 (only ‘‘technology’’ for the 

‘‘development’’ of inertial navigation 

systems, inertial equipment, and 

specially designed components therefor 

for civil aircraft); 7E002 (only 

‘‘technology’’ for the ‘‘production’’ of 

inertial navigation systems, inertial 

equipment, and specially designed 

components therefor for civil aircraft); 

7E101 (only ‘‘technology’’ for the ‘‘use’’ 

of inertial navigation systems, inertial 

equipment, and specially designed 

components for civil aircraft); 8A609 

(except 8A609.y); 8A620 (except 

8A620.y); 8B609 (except 8B609.y); 

8B620 (except 8B620.y); 8C609 (except 

8C609.y); 8D609 (except software for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 8A609.y, 

8B609.y, or 8C609.y); 8D620 (except 

software for the ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of commodities controlled 

by 8A620.y or 8B620.y); 8E609 (except 

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

‘‘production,’’ operation, installation, 

maintenance, repair, or overhaul of 

commodities controlled by 8A609.y, 

8B609.y, or 8C609.y); 8E620 (except 

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

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishment of commodities 

controlled by 8A620.y or 8B620.y); 

9A610 (except 9A610.y); 9A619 (except 

9A619.y); 9B610 (except 9B610.y); 

9B619 (except 9B619.y); 9C610 (except 

9C610.y); 9C619 (except 9C619.y); 

9D610 (except software for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities 

controlled by 9A610.y, 9B610.y, or 

9C610.y); 9D619 (except software for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 9A619.y, 

9B619.y, or 9C619.y); 9E610 (except 

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

‘‘production,’’ operation, installation, 

maintenance, repair, or overhaul of 

commodities controlled by ECCN 

9A610.y, 9B610.y, or 9C610.y); and 

9E619 (except ‘‘technology’’ for the 

‘‘development,’’ ‘‘production’’ 

operation, installation, maintenance, 

repair, or overhaul of commodities 

controlled by ECCN 9A619.y, 9B619.y, 

or 9C619.y). 

* * * * * 

PART 774—[AMENDED] 

3. The authority citation for 15 CFR 

part 774 continues to read as follows: 

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

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 12, 2011, 76 

FR 50661 (August 16, 2011). 


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4. In Supplement No. 1 to Part 774, 

the Commerce Control List, add, 

between the entries for Export Control 

Classification Numbers 0A018 and 

0A918, a new entry for Export Control 

Classification Number 0A614 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A614 Military Training ‘‘Equipment,’’ as 

follows (see List of items controlled): 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry except 

0A614.y.

NS Column 1 

RS applies to entire 

entry except 

0A614.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(1) of License Exception 

STA (§ 740.20(c)(1)) may be used for items 

in 0A614 without the need for a 

determination described in § 740.20(g). 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2)) of the EAR may not be used 

for any item in 0A614. 

List of Items Controlled 

Unit: ‘‘End items’’ in number; ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories and 

attachments’’ in $ value 

Related Controls: (1) Defense articles that are 

enumerated in USML Category IX and 

‘‘technical data’’ (including ‘‘software’’) 

directly related thereto are subject to the 

ITAR. (2) See ECCN 0A919 for foreignmade ‘‘military commodities’’ that 

incorporate more than 10% U.S.-origin 

‘‘600 series’’ items. (3) ‘‘Parts,’’ 

‘‘components,’’ and ‘‘accessories and 

attachments’’ that are common to a 

simulator controlled by ECCN 0A614.a and 

to a simulated system or an end item that 

is controlled on the USML or elsewhere on 

the CCL are controlled under the same 

USML Category or ECCN as the ‘‘parts,’’ 

‘‘components,’’ and ‘‘accessories and 

attachments’’ of the simulated system or 

end item. 

Related Definitions: N/A 

Items: 

a. ‘‘Equipment’’ ‘‘specially designed’’ for 

military training that is not enumerated in 

USML Category IX. 

Note: This entry includes operational flight 

trainers, radar target trainers, flight 

simulators for aircraft classified under ECCN 

9A610.a, human-rated centrifuges, radar 

trainers for radars classified under ECCN 

3A611, instrument flight trainers for military 

aircraft, navigation trainers for military items, 

target equipment, armament trainers, military 

pilotless aircraft trainers, mobile training 

units and training ‘‘equipment’’ for ground 

military operations. 

Note: This entry does not apply to 

‘‘equipment’’ ‘‘specially designed’’ for 

training in the use of hunting or sporting 

weapons. 

b. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ and ‘‘accessories 

and attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled by this 

entry or an article enumerated in USML 

Category IX, and not specified elsewhere in 

the CCL or the USML. 

Note: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by material composition, 

geometry, or function as commodities 

controlled by ECCN 0A614.x are controlled 

by ECCN 0A614.x. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN and not elsewhere specified in 

the CCL, as follows: 

y.1 to y.98 [Reserved] 

y.99. Commodities not identified on the 

CCL that (i) have been determined, in an 

applicable commodity jurisdiction 

determination issued by the U.S. Department 

of State, to be subject to the EAR and (ii) 

would otherwise be controlled elsewhere in 

ECCN 0A614. 

5. In Supplement No. 1 to Part 774, 

the Commerce Control List, add, 

between the entries for Export Control 

Classification Numbers 0B006 and 

0B968, a new entry for Export Control 

Classification Number 0B614 to read as 

follows: 

0B614 Test, inspection, and production 

‘‘equipment’’ for military training 

‘‘equipment’’ and ‘‘specially designed’’ 

‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ therefor, 

as follows (see list of items controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry except 

0B614.y.

NS Column 1 

RS applies to entire 

entry except 

0B614.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(1) of License Exception 

STA (§ 740.20(c)(1)) may be used for items 

in 0B614 without the need for a 

determination described in § 740.20(g). 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2)) of the EAR may not be used 

for any item in 0B614. 

List of Items Controlled 

Unit: N/A 

Related Controls: 

Related Definitions: N/A 

Items: 

a. Test, inspection, and other production 

‘‘equipment’’ ‘‘specially designed’’ for the 

‘‘production’’ of commodities controlled by 

ECCN 0A614 or articles enumerated in USML 

Category IX. 

b. through .w [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ and ‘‘accessories 

and attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled by 

ECCN 0B614. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by material composition, 

geometry, or function as commodities 

controlled by ECCN 0B614.x are controlled 

by ECCN 0B614.x. 

y. Specific ‘‘parts,’’ ‘‘components,’’ and 

‘‘accessories and attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN and not elsewhere specified in 

the CCL, as follows: 

y.1 to y.98 [Reserved] 

y.99. Commodities not identified 

elsewhere on the CCL that (i) have been 

determined, in an applicable commodity 

jurisdiction determination issued by the U.S. 

Department of State, to be subject to the EAR 

and (ii) would otherwise be controlled 

elsewhere in this entry. 

6. In Supplement No. 1 to Part 774, 

the Commerce Control List, add, 

between the entries for Export Control 

Classification Number 0C201 and before 

the header that reads ‘‘D. Software’’ a 

new entry for Export Control 

Classification Number 0D614 to read as 

follows: 

0D614 ‘‘Software’’ related to military 

training ‘‘equipment,’’ as follows (See 

list of items controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry except 

0D614.y.

NS Column 1 

RS applies to entire 

entry except 

0D614.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

CIV: N/A 

TSR: N/A 


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STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2))of the EAR may not be 

used for any ‘‘software’’ in 0D614. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Software’’ directly related 

to articles enumerated in USML Category 

IX is subject to the control of USML 

paragraph IX(e). See ECCN 0A919 for 

foreign made ‘‘military commodities’’ that 

incorporate more than 10% U.S.-origin 

‘‘600 series’’ items. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation or maintenance of 

commodities controlled by ECCNs 0A614 

(except 0A614.y) or 0B614 (except 0B614.y). 

b. to x. [RESERVED] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

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

operation or maintenance of commodities 

controlled by ECCNs 0A614 or 0B614, as 

follows: 

y.1. Specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ operation or maintenance of 

commodities controlled by ECCNs 0A614.y 

or 0B614.y. 

y.2 through y.98 [RESERVED] 

y.99. ‘‘Software’’ that would otherwise be 

controlled elsewhere in this entry but that (i) 

has been determined to be subject to the EAR 

in a commodity jurisdiction determination 

issued by the U.S. Department of State and 

(ii) is not otherwise identified elsewhere on 

the CCL. 

7. In Supplement No. 1 to Part 774, 

the Commerce Control List, add, 

between the entries for Export Control 

Classification Numbers 0E018 and 

0E918, a new entry for Export Control 

Classification Number 0E614 to read as 

follows: 

0E614 ‘‘Technology,’’ as follows (See list of 

items controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry except 

0E614.y.

NS Column 1 

RS applies to entire 

entry except 

0E614.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2)) of the EAR may not be 

used for any technology in 0E614. 

List of Items Controlled 

Unit: $ value 

Related Controls: ‘‘Technical data’’ directly 

related to articles enumerated in USML 

Category IX is subject to the control of 

USML paragraph IX(e). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than ‘‘technology’’ 

controlled by paragraph .y of this entry) 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair overhaul, or refurbishing 

of commodities or ‘‘software’’ controlled by 

ECCNs 0A614 (except 0A614.y), 0B614 

(except 0B614.y), or 0D614 (except 0D614.y). 

b. through x. [RESERVED] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, or overhaul 

of commodities controlled by ECCNs 

0A614.y or 0B614.y, or ‘‘software’’ controlled 

by ECCN 0D614.y, as follows: 

y.1. Specific ‘‘technology’’ ‘‘required’’ for 

the ‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair or overhaul 

of commodities controlled by ECCNs 

0A614.y or 0B614.y or ‘‘software’’ controlled 

by ECCN 0D614.y. 

y.2. through y.98 [RESERVED] 

y.99. ‘‘Technology’’ that would otherwise 

be controlled elsewhere in this entry but that 

(i) has been determined to be subject to the 

EAR in a commodity jurisdiction 

determination issued by the U.S. Department 

of State and (ii) is not otherwise identified 

elsewhere on the CCL. 

Dated: June 6, 2012. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2012–14444 Filed 6–12–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2012–F–0480] 

Gruma Corporation, Spina Bifida 

Association, March of Dimes 

Foundation, American Academy of 

Pediatrics, Royal DSM N.V., and 

National Council of La Raza; Filing of 

Food Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing 

that Gruma Corporation, Spina Bifida 

Association, March of Dimes 

Foundation, American Academy of 

Pediatrics, Royal DSM N.V., and 

National Council of La Raza have jointly 

filed a petition proposing that the food 

additive regulations be amended to 

provide for the safe use of folic acid in 

corn masa flour. 

FOR FURTHER INFORMATION CONTACT: 

Judith Kidwell, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, 240–402–1071. 

SUPPLEMENTARY INFORMATION: Under the 

Federal Food, Drug, and Cosmetic Act 

(sec. 409(b)(5) (21 U.S.C. 348(b)(5))), 

notice is given that a food additive 

petition (FAP 2A4796) has been jointly 

filed by Gruma Corporation, Spina 

Bifida Association, March of Dimes 

Foundation, American Academy of 

Pediatrics, Royal DSM N.V., and 

National Council of La Raza, c/o Alston 

& Bird, LLP, 950 F Street NW., 

Washington, DC 20004–1404. The 

petition proposes to amend the food 

additive regulations in § 172.345 Folic 

acid (folacin) (21 CFR 172.345) to 

provide for the safe use of folic acid in 

corn masa flour. 

The Agency has determined under 21 

CFR 25.32(k) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

Dated: June 7, 2012. 

Dennis M. Keefe, 

Acting Director, Office of Food Additive 

Safety, Center for Food Safety and Applied 

Nutrition. 

[FR Doc. 2012–14263 Filed 6–12–12; 8:45 am] 

BILLING CODE 4160–01–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

RIN 1400–AD15 

[Public Notice 7920] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category IX 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category IX 

(military training equipment) of the U.S. 

Munitions List (USML) to describe more 

precisely the materials warranting 

control on the USML. The revisions to 

this rule are part of the Department of 

State’s retrospective plan under E.O. 

13563 completed on August 17, 2011. 


erowe on DSK2VPTVN1PROD with PROPOSALS-1