45088 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

(f) Credit for Actions Previously Completed 

Incorporation of the changes contained in 

Sikorsky RFM SA S92A–RFM–003, Part 1, 

Revision No. 12, approved March 21, 2005, 

before the effective date of this AD is 

considered acceptable for compliance with 

the corresponding actions specified in 

paragraph (e) of this AD. 

(g) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Boston Aircraft 

Certification Office, FAA, may approve 

AMOCs for this AD. Send your proposal to: 

John Coffey, Flight Test Engineer, Boston 

Aircraft Certification Office, 12 New England 

Executive Park, Burlington, MA 01803; 

telephone (781) 238–7173, fax (781) 238– 

7170; email john.coffey@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office before 

operating any aircraft complying with this 

AD through an AMOC. 

(h) Additional Information 

For service information identified in this 

AD, contact Sikorsky Aircraft Corporation, 

Attn: Manager, Commercial Technical 

Support, mailstop S581A, 6900 Main Street, 

Stratford, CT, telephone (203) 383–4866, 

email address tsslibrary@sikorsky.com, or 

http://www.sikorsky.com. You may review a 

copy of this information at the FAA, Office 

of the Regional Counsel, Southwest Region, 

2601 Meacham Blvd., Room 663, Fort Worth, 

Texas 76137. 

(i) Subject 

Joint Aircraft Service Component (JASC) 

Code: 2510 Flight Compartment Equipment. 

Issued in Fort Worth, Texas, on July 22, 

2014. 

S. Frances Cox, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2014–17923 Filed 8–1–14; 8:45 am] 

BILLING CODE 4910–13–C 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 140711578–4578–01] 

RIN 0694—AG23 

Technical Amendments to the Export 

Administration Regulations: Update of 

Export Control Classification Number 

0Y521 Series Supplement—Biosensor 

Systems and Related Software and 

Technology 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) by removing certain entries from 

the supplement that identifies those 

items subject to the EAR that are not 

listed elsewhere in the Commerce 

Control List (CCL), but which the 

Department of Commerce, with the 

concurrence of the Departments of 

Defense and State, has determined 

should be controlled for export for 

foreign policy reasons or because the 

items provide a significant military or 

intelligence advantage to the United 

States. Within one calendar year from 

the date that such items are listed in the 

supplement, BIS must publish a rule 

reclassifying the items under an entry 

on the CCL. Otherwise, such items 

automatically become designated as 

EAR99 items, unless BIS publishes a 

rule amending the supplement to extend 

the period in which the items will be 

listed therein. In accordance with this 

requirement, this rule removes 

references to biosensor systems and 

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

from the supplement, because these 

items automatically became designated 

as EAR99 items on March 28, 2014, and 

the references to them in the 

supplement are now obsolete. 

DATES: This rule is effective August 4, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Scott Hubinger, Senior Chemist and 

General Engineer, Chemical and 

Biological Controls Division, Office of 

Nonproliferation and Treaty 

Compliance by phone 202–482–5223 or 

by email at scott.hubinger@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

ECCN 0Y521 Series 

BIS established the ECCN 0Y521 

series in a final rule published April 13, 

2012 (72 FR 22191) (hereinafter ‘‘April 

13 rule’’) to identify items that warrant 

control on the Commerce Control List 

(CCL) but are not yet identified in an 

existing ECCN. Items are added to the 

ECCN 0Y521 series by the Department 

of Commerce, with the concurrence of 

the Departments of Defense and State, 

upon a determination that an item 

should be controlled because it provides 

at least a significant military or 

intelligence advantage to the United 

States or because foreign policy reasons 

justify such control. The ECCN 0Y521 

series is a temporary holding 

classification with a limitation that 

while an item is temporarily classified 

under ECCN 0Y521, the U.S. 

Government works to adopt a control 

through the relevant multilateral 

regime(s), to determine an appropriate 

longer-term control over the item, or 

that the item does not warrant control 

on the CCL. 

Under the procedures established in 

the April 13 rule and codified at 

§ 742.6(a)(7)(iii) of the EAR, items 

classified under ECCN 0Y521 remain soclassified for one year from the date a 

final rule identifying the item is 

published in the Federal Register 

amending the EAR, unless the item is 

re-classified under a different ECCN, 

under an EAR99 designation, or the 

0Y521 classification is extended. During 

this time, the U.S. Government 

determines whether it is appropriate to 

submit a proposed control to the 

applicable export control regime (e.g., 

the Wassenaar Arrangement) for 

potential multilateral control, with the 

understanding that multilateral controls 

are preferable when practical. 

Technical Amendments Updating 

Supplement No. 5 to Part 774: Removal 

of References to Biosensor Systems and 

Related ‘‘Software’’ and ‘‘Technology’’ 

On March 28, 2013 (78 FR 18814), BIS 

imposed 0Y521 license requirements on 

biosensor systems and related 

‘‘software’’ and ‘‘technology’’ for export 

and reexport to all destinations, except 

Canada. Under the procedures 

established in the April 13 rule and as 

described in Supplement No. 5 to Part 

774, the effective date of the initial 

classification was the date of that rule’s 

publication, March 28, 2013, and the 

date the items would be designated 

EAR99, unless reclassified in another 

ECCN or the 0Y521 classification was 

reissued, was one year later, March 28, 

2014. In the interim, BIS, on behalf of 

the U.S. Government, submitted a 

proposal to the Australia Group (a 

multilateral regime of which the United 

States is a member) for control of the 

items for nonproliferation reasons. The 

Australia Group decided that it would 

not impose controls on the items, and 

the U.S. Government did not seek 

further consideration of multilateral 

controls, nor did BIS re-classify the 

items under a different ECCN or reissue 

the 0Y521 classification. In accordance 

with § 742.6(a)(7)(iii) of the EAR, as of 

March 28, 2014, the 0Y521 classification 

of the biosensor systems and related 

‘‘software’’ and ‘‘technology’’ expired, 

meaning the items were no longer 

classified in the 0Y521 series and 

became designated EAR99. By removing 

the items from the list of items classified 

in the 0Y521 series in Supplement No. 

5 to Part, this rule removes text that 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45089 

imposes no license requirement but has 

potential to confuse readers about the 

items’ EAR99 status. 

Further, BIS received two comments 

in response to the March 28, 2013 

interim final rule. One commenter 

stated that designating the Biosensor 

System No. 1 0A521 without license 

exception options other than License 

Exception GOV section 740.11(b)(2)(ii) 

may result in regulating the item more 

restrictively than it would under the 

ITAR and may result in ‘‘chilling effects 

toward academic research and thereby 

diminish innovation.’’ Another 

commenter raised concerns that the 

scope of what is covered by the No.1 

0E521 ‘‘Technology’’ might be overly 

broad without a reference to the General 

Technology Note and that BIS should 

provide guidance on how to interpret 

the scope. The change of status of the 

biosensor systems and related 

‘‘software’’ and ‘‘technology’’ to EAR99 

renders the comments moot. 

Therefore, in this rule, BIS amends 

the EAR to update certain entries in 

Supplement No. 5 to Part 774— Items 

Classified Under Export Control 

Classification Numbers (ECCNs) 0A521, 

0B521, 0C521, 0D521 and 0E521— 

according to the procedure set forth in 

the April 13 rule that established the 

0Y521 series. Specifically, in this rule, 

BIS removes references to biosensor 

systems and related ‘‘software’’ and 

‘‘technology’’ under ECCNs 0A521 No. 

1, 0D521 No. 1 and 0E521 No. 1, 

respectively, from Supplement No. 5 to 

Part 774 of the EAR to conform with the 

current legal status of those items under 

the EAR and rid the Supplement of 

obsolete references. The items are 

EAR99 and the 0Y521 series license 

requirements do not apply. This is a 

technical amendment that only updates 

Supplement No. 5 to Part 774 of the 

EAR. It does not alter any right, 

obligation or prohibition under the EAR. 

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 8, 2013, 78 FR 49107 

(August 12, 2013), 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. 

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 final 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 the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

Supplement No. 5 to Part 774 to the 

EAR by removing references to certain 

items to make the Supplement conform 

to the current legal status of those items 

under the EAR. These revisions are 

merely technical and reflect what 

already is in effect under the EAR in 

accordance with established procedure, 

and the procedure itself was proposed 

to the public and the subject of public 

comment. This rule clarifies 

information, which serves to avoid 

confusing readers about the items’ 

EAR99 status. It does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

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 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 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 2. Supplement No. 5 to Part 774— 

Items Classified Under ECCNs Items 

Classified Under Export Control 

Classification Numbers (ECCNs) 0A521, 

0B521, 0C521, 0D521 and 0E521—is 

amended by: 

■ a. Removing and reserving the entire 

entry for item ‘‘No. 1 Biosensor systems 

and dedicated detecting components’’ 

under the section ‘‘0A521. Systems, 

Equipment and Components’’; 

■ b. Removing and reserving the entire 

entry for item ‘‘No. 1 0D521 ‘‘Software’’ 

for the function of Biosensor Systems 

controlled by ECCN 0A521.’’ under 

section ‘‘0D521. Software’’; and 

■ c. Removing and reserving the entire 

entry for item ‘‘No. 1 0E521 

‘‘Technology for the ‘‘development’’ or 

‘‘production’’ of Biosensor Systems 

controlled by ECCN 0A521.’’ under 

section ‘‘0E521. Technology’’. 

Dated: July 25, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–17961 Filed 8–1–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 126 

[Public Notice 8810] 

RIN 1400–AD62 

Amendment to the International Traffic 

in Arms Regulations: Central African 

Republic and UNSCR 2149 

AGENCY: Department of State. 

ACTION: Final rule. 

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