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[Federal Register Volume 77, Number 236 (Friday, December 7, 2012)]
[Rules and Regulations]
[Pages 72917-72920]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29143]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 120320200-2296-01]
RIN 0694-AF62

Editorial Corrections to the Commerce Control List of the Export 
Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule corrects reference and typographical errors in 
the Commerce Control List (CCL) in the Export Administration 
Regulations (EAR). The corrections are primarily editorial in nature 
and do not affect license requirements. A technical standard in ECCN 
3A991 is revised.

DATES: Effective on December 7, 2012.

FOR FURTHER INFORMATION CONTACT: Robert Monjay, Office of Exporter 
Services, Bureau of Industry and Security, by telephone (202) 482-2440 
or email: Robert.Monjay@bis.doc.gov.

SUPPLEMENTARY INFORMATION: This final rule updates seven categories of 
the Commerce Control List (CCL) to correct spelling and typographical 
errors and inaccurate internal references, and to provide a complete 
and more accurate description of controls and the related items on the 
CCL.

Category 0, Nuclear Materials, Facilities, and Equipment And 
Miscellaneous Items

    ECCN 0A018.c is amended to correct an error in a final rule 
published by BIS on March 30, 2004 (69 FR 16478, 16480). The March 20, 
2004, rule contained duplicative language and did not include the word 
ECCN prior to a reference to a related ECCN. To correct these errors, 
this rule removes the phrase ``that were not specifically designed for 
hunting or sporting purposes'' and adds the word ``ECCN'' before the 
word ``0A984'' in the Note to 0A018.c.
    ECCN 0B001.g.2 is amended to correct an error in a final rule 
published by BIS on January 15, 1998 (63 FR 2452, 2462). The January 
15, 1998, rule included an unnecessary apostrophe in the word 
``alloys''. To correct this error, the rule deletes the apostrophe from 
the word ``alloy's'' in ECCN 0B001.g.2.

[[Page 72918]]

Category 1, Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins''

    ECCN 1B999.a and 1C999.f are amended to correct typographical 
errors in a final rule published by BIS on June 19, 2000 (65 FR 38148, 
38162). The June 19, 2000, rule misspelled ``fluorine'' in these two 
ECCNs. To correct these errors, this rule removes the word ``flourine'' 
from these two ECCNs and inserts the word ``fluorine'' in its place.
    ECCN 1C350 is amended to update the mailing address for the 
Quarterly Report requirement to the Bureau of Industry and Security. 
The BIS mailroom is no longer Room 2705. Mail for BIS should now be 
directed to Room 2099B. Consistent with this room change, this rule 
changes the references to the ``Room 2705'' in paragraph (e) of the 
License Requirements Notes 1 to the ``Room 2099B''.
    The final paragraph of Category 1, describing the designation 
EAR99, is amended to correct an error in a final rule published by BIS 
on January 15, 1998 (63 FR 2452, 2484). The January 15, 1998, rule 
changed the language of the EAR99 paragraph in Categories 1 and 2 only 
to ``Items subject to the EAR that are not elsewhere controlled by this 
CCL Category or in any other category in the CCL are designated by the 
number EAR99.'' To correct this error, this rule removes the language 
``controlled by'' and inserts ``specified in'' in its place.

Category 2, Materials Processing

    The final paragraph of Category 2, describing the designation 
EAR99, is amended to correct an error in a final rule published by BIS 
on January 15, 1998 (63 FR 2452, 2484). The January 15, 1998, rule 
changed the language of the EAR99 paragraph in Categories 1 and 2 only 
to ``Items subject to the EAR that are not elsewhere controlled by this 
CCL Category or in any other category in the CCL are designated by the 
number EAR99.'' To correct this error, this rule removes the language 
``controlled by'' and inserts ``specified in'' in its place.

Category 3, Electronics

    ECCN 3A991 is amended by revising the technical standard in items 
paragraph .j.2 from an energy density of 250 Wh/kg or less at 293 K to 
an energy density of 300 Wh/kg or less at 293 K. A final rule published 
on July 2, 2012 (77 FR 39354), changed the technical standard in ECCN 
3A001, items paragraph .e.1.b, from an energy density exceeding 250 Wh/
kg at 293 K to an energy density exceeding 300 Wh/kg at 293 K. When a 
multilateral regime control standard is modified, the standard practice 
is to retain the AT control by increasing the technical standard in the 
corresponding AT-only control. The July 2, 2012 rule did not change the 
corresponding control in 3A991.j.2. This rule implements that change by 
increasing the technical standard in items paragraph .j.2 to an energy 
density of 300 Wh/kg or less at 293 K.

Category 4, Computers

    ECCN 4D994 is amended by revising the heading to remove the 
references to ECCN 4B994 and ECCN 4C994. A final rule published by BIS 
on June 28, 2010, removed ECCNs 4B994 and 4C994 and reserved Category 
4B and 4C in their entirety. The heading of ECCN 4D994 refers to both 
ECCNs 4B994 and 4C994. It creates confusion to reference ECCNs that no 
longer exist. To resolve this confusion, this rule removes the phrase 
``4B994, and materials controlled by 4C994.''

Category 5, Telecommunications and ``Information Security''

    The Title to this Category is amended by modifying the numbering of 
the subsections to Category 5. ``I. Telecommunications'' is changed to 
``Part 1--Telecommunications'' and ``II. `Information Security''' is 
changed to ``Part 2--`Information Security' '' to remain consistent 
with the Wassenaar Arrangement and to make these headings conform to 
the many references in the regulatory language of the EAR.

Category 5, Part 1. Telecommunications

    ECCN 5A101 is amended to correct an error in a final rule published 
by BIS on May 4, 2004 (69 FR 24508, 24510). The May 4, 2004, rule 
included the word ``Item'' at the beginning of a note to ECCN 5A101. 
This rule corrects the error by removing the word ``Item'' from the 
beginning of the final note to ECCN 5A101.
    ECCN 5A991 is amended:
    a. By adding ECCN 5E001.c to the Related Controls paragraph. The 
reference is appropriate to identify potentially applicable controls of 
technology under ECCN 5E001.c for the ``development'' and 
``production'' of commodities controlled under 5A991. This change will 
improve the ability of users of the Export Administration Regulations 
to correctly identify the classification of the technologies related to 
these commodities.
    b. To correct an error in a final rule published by BIS on December 
10, 2003 (68 FR 68976, 68989). The December 10, 2003, rule moved the 
note to 5A991.c.10 to before 5A991.c.10. To correct this error, this 
rule removes the language ``Note: 5A991.c.10 does not control packet 
switches or routers with ports or lines not exceeding the limits in 
5A991.c.10.'' from before 5A991.c.10 and inserts it before 5A991.c.11.

Category 6, Sensors and Lasers

    ECCN 6A005.f.3 is amended to correct an error in a final rule 
published by BIS on May 26, 2011 (76 FR 30538, 30539). The May 26, 
2011, rule used the word ``lambda'' in place of the symbol ``[lambda]'' 
at 6A005.f.3. To correct this error, this rule removes the word 
``lambda'' and inserts the symbol ``[lambda]'' in its place.

Category 8, Marine

    ECCN 8A992.b is amended to correct an error in a final rule 
published by BIS on March 5, 1999 (64 FR 18052, 10869). The March 5, 
1999 rule used the incorrect spelling of ``autofocusing,'' 
``focusing,'' and ``format.'' To correct the error, this rule removes 
the words ``autofocussing'', ``focussing'', and ``formate'' and inserts 
``autofocusing'', ``focusing'', and ``format'' in the respective places 
in 8A992.b.

Category 9, Aerospace and Propulsion

    ECCN 9B116 is amended to correct an error in a final rule published 
by BIS on November 21, 2002 (67 FR 70157, 70158). The November 21, 
2002, rule inserted a reference in the Related Controls paragraph to 
``the `production equipment' controlled in this entry'' while 9B116 
controls only ``production facilities.'' There was also a semicolon in 
place of a comma in the list of related controls. To correct this 
error, the rule removes the phrase ``production equipment'' and inserts 
``production facilities'' in its place and removes the semicolon and 
inserts a comma in its place. This rule also removes the word ``is'' 
and inserts the word ``are'' in its place to create subject verb 
agreement.
    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as extended by the Notice of August 15, 
2012, 77 FR 49699 (August 16, 2012), has continued the 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.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and

[[Page 72919]]

benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, of 
reducing costs, of harmonizing rules, and of promoting flexibility. 
This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of Paperwork Reduction Act, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This rule does not affect any paperwork collection. 
This rule does not contain policies with Federalism implications as 
that term is defined under E.O. 13132.
    3. The Department of Commerce finds that there is good cause under 
5 U.S.C. 553(b)(3)(B) to waive the provisions of the Administrative 
Procedure Act otherwise requiring prior notice and the opportunity for 
public comment because they are unnecessary. All of the revisions made 
by this rule, except the modification of the technical standard in ECCN 
3A991, are administrative in nature and do not affect the privileges 
and obligations of the public. Because these revisions are not 
substantive changes to the EAR, the 30-day delay in effectiveness 
otherwise required by 5 U.S.C. 553(d) is not applicable. The 
modification of the technical standard in ECCN 3A991 is to correct an 
oversight in a final rule published on July 2, 2012 (77 FR 39353), 
which was published without requiring notice of proposed rulemaking, 
the opportunity for public participation, or a delay in effective date, 
as a military and foreign affairs function of the United States (5 
U.S.C. 553(a)(1)). As the modification of the technical standard was 
intended to be included in that final rule, immediate implementation of 
this correction to the amendments in the July 2, 2012 (77 FR 39353), 
rule fulfills the United States' international obligation to the 
Wassenaar Arrangement on Export Controls for Conventional Arms and 
Dual-Use Goods and Technologies. No other law requires that a notice of 
proposed rulemaking and opportunity for public comment be given for 
this rule. The analytical requirements of the Regulatory Flexibility 
Act (5 U.S.C. 601 et. seq.) are not applicable.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Part 774 of the EAR (15 CFR Parts 730-774) is amended 
as follows:

PART 774--[AMENDED]

0
1. The authority citation for Part 774 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 15, 2012, 77 FR 49699 (August 16, 2012).

0
2. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 0, ECCN 0A018 is amended by revising the Note to paragraph (c) 
of the Items paragraph in the List of Items Controlled section to read 
as follows:

Supplement No. 1 to Part 774--Commerce Control List

* * * * *

0A018 Items on the Wassenaar Munitions List.

* * * * *
    List of Items Controlled
* * * * *
    Items:
* * * * *
    c. * * *

    Note: 0A018.c does not control weapons used for hunting or 
sporting purposes that were not specially designed for military use 
and are not of the fully automatic type, but see ECCN 0A984 
concerning shotguns.

* * * * *

0
3. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 0, ECCN 0B001 is amended by removing the apostrophe from the 
word ``alloy's'' in paragraph g.2. in the Items paragraph of the List 
of Items Controlled section.
0
4. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1B999 is amended by removing the word ``flourine'' and 
adding in its place the word ``fluorine'' in paragraph a. of the Items 
paragraph in the List of Items Controlled section.
0
5. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1C350 is amended by removing the phrase ``Room 2705'' 
and adding its place the phrase ``Room 2099B'' in paragraph e. of 
License Requirement Notes 1 in the License Requirements section.
0
6. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1, ECCN 1C999 is amended by removing the word ``flourine'' and 
adding in its place the word ``fluorine'' in paragraph f. of the Items 
paragraph in the List of Items Controlled section.
0
7. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1 is amended by revising the EAR99 paragraph to read as 
follows:
    Category 1
* * * * *

EAR99 Items Subject to the EAR That Are Not Elsewhere Specified in This 
CCL Category or in Any Other Category in the CCL Are Designated by the 
Number EAR99.

0
8. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2 is amended by revising the EAR99 paragraph read as follows:
    Category 2
* * * * *

EAR99 Items Subject to the EAR That Are Not Elsewhere Specified in This 
CCL Category or in Any Other Category in the CCL Are Designated by the 
Number EAR99.

0
9. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 3, ECCN 3A991 is amended by revising paragraph j.2. in the 
Items paragraph in the List of Items Controlled section to read as 
follows:

3A991 Electronic Devices and Components not Controlled by 3A001.

* * * * *
    List of Items Controlled
* * * * *
    Items:
* * * * *
    j. * * *
* * * * *
    j.2. Secondary cells having an energy density of 300 Wh/kg or less 
at 293 K (20 [deg]C).
* * * * *
0
10. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 4, ECCN 4D994 is amended by revising the heading to read as 
follows:

4D994 ``Software'' Other Than That Controlled in 4D001 Specially 
Designed or Modified for the ``Development'', ``Production'', or 
``Use'' of Equipment Controlled by 4A101 and 4A994.

* * * * *

0
11. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5

[[Page 72920]]

is amended by removing the heading ``I. Telecommunications'' and adding 
in its place ``Part 1--Telecommunications'' to read as follows:

CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''

PART 1--TELECOMMUNICATIONS

* * * * *

0
12. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part 1, ECCN 5A101 is amended by revising the final Note in 
the Items paragraph of the List of Items Controlled section to read as 
follows:

5A101 Telemetering and Telecontrol Equipment, Including Ground 
Equipment, Designed or Modified for Unmanned Aerial Vehicles or Rocket 
Systems (Including Ballistic Missile Systems, Space Launch Vehicles, 
Sounding Rockets, Cruise Missile Systems, Target Drones, and 
Reconnaissance Drones) Capable of a Maximum ``Range'' Equal to or 
Greater Than 300 km.

* * * * *
    List of Items Controlled
* * * * *
    Items:
* * * * *
    Note: 5A101 does not include items not designed or modified for 
unmanned aerial vehicles or rocket systems (including ballistic missile 
systems, space launch vehicles, sounding rockets, cruise missile 
systems, target drones, and reconnaissance drones) capable of a maximum 
``range'' equal to or greater than 300 km (e.g., telemetry circuit 
cards limited by design to reception only and designed for use in 
personal computers).
* * * * *

0
13. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5, Part 1, ECCN 5A991, List of Items Controlled section is 
amended by:
    a. Revising the second sentence of the Related Controls paragraph; 
and
    b. Amending the Items Paragraph by removing the Note that reads 
``5A991.c.10 does not control packet switches or routers with ports or 
lines not exceeding the limits in 5A991.c.10.'' and adding it above 
paragraph c.11, to read as follows:

5A991 Telecommunication Equipment, Not Controlled by 5A001.

* * * * *
    List of Items Controlled
    Unit: * * *
    Related Controls: * * * See also 5E001.c, 5E101 and 5E991.
    Related Definitions: * * *
    Items:
* * * * *
    c. * * *
* * * * *

    Note: 5A991.c.10 does not control packet switches or routers 
with ports or lines not exceeding the limits in 5A991.c.10.

    c.11. ``Optical switching'';
* * * * *

0
14. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 5 is amended by removing the heading ``II. Information 
Security'' and adding in its place ``Part 2--Information Security'' to 
read as follows:

CATEGORY 5--TELECOMMUNICATIONS AND ``INFORMATION SECURITY''

* * * * *

PART 2--``INFORMATION SECURITY''

* * * * *

0
15. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6, ECCN 6A005, List of Items Controlled section is amended by 
removing the word ``lambda'' and inserting the symbol ``[lambda]'' in 
its place in paragraph f.3. of the Items paragraph.
0
16. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 8, ECCN 8A992, List of Items Controlled section is amended by 
revising paragraph b. in the Items paragraph to read as follows:

8A992 Vessels, Marine Systems or Equipment, Not Controlled by 8A001, 
8A002 or 8A018, and Specially Designed Parts Therefor.

* * * * *
    List of Items Controlled
* * * * *
    Items:
* * * * *
    b. Photographic still cameras specially designed or modified for 
underwater use, having a film format of 35 mm or larger, and having 
autofocusing or remote focusing specially designed for underwater use;
* * * * *

0
17. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 9, ECCN 9B116, List of Items Controlled section is amended by 
revising the Related Controls paragraph to read as follows:

9B116 Specially Designed ``Production Facilities'' for the Systems, 
Sub-Systems, and Components Controlled by 9A004 to 9A009, 9A011, 9A012, 
9A101, 9A104 to 9A109, 9A111, 9A116 to 9A119.

* * * * *
    List of Items Controlled
* * * * *
    Related Controls: Although items described in ECCNs 9A004 to 9A009, 
9A011, 9A101, 9A104 to 9A109, 9A111, and 9A116 to 9A119 are subject to 
the export licensing authority of the Department of State, Directorate 
of Defense Trade Controls (22 CFR part 121), the ``production 
facilities'' controlled in this entry that are related to these items 
is subject to the export licensing authority of BIS.
* * * * *

    Dated: November 26, 2012.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2012-29143 Filed 12-6-12; 8:45 am]
BILLING CODE 3510-33-P
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