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on the CCL is controlled by this ECCN, even 

if it is also related to an article controlled on 

the USML, as specified in Category XIX(g). 

a. ‘‘Technology’’ ‘‘required’’ for the 

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

installation, maintenance, repair, overhaul, 

or refurbishment of items controlled by 

ECCN 9A619 (except 9A619.y), ECCN 9B619 

(except 9B619.y), ECCN 9C619 (except 

9C619.y), or ECCN 9D619 (except 9D619.y). 

b. through x. [RESERVED] 

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

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

installation, maintenance, repair, overhaul, 

or refurbishment of commodities controlled 

by ECCN 9A619, 9B619, or 9C619, or 

‘‘software’’ controlled by ECCN 9D619, as 

follows: 

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

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

installation, maintenance, repair, overhaul, 

or refurbishment of commodities controlled 

by 9A619.y, 9B619.y, or 9C619.y, or 

‘‘software’’ controlled by ECCN 9D619.y. 

y.2. through y.98 [RESERVED] 

y.99. ‘‘Technology’’ not identified on the 

CCL that (i) Has 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 ECCN 9E619. 

Dated: November 28, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–30978 Filed 12–5–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 770 and 774 

[Docket No. 110310188–1621–02] 

RIN 0694–AF17 

Revisions to the Export Administration 

Regulations (EAR): Control of Military 

Vehicles and Related Items That the 

President Determines No Longer 

Warrant Control on the United States 

Munitions List 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Proposed rule. 

SUMMARY: The Bureau of Industry and 

Security publishes a third proposed rule 

that describes how articles the President 

determines no longer warrant control 

under Category VII (military vehicles 

and related articles) of the United States 

Munitions List (USML) would be 

controlled under the Commerce Control 

List (CCL). This proposed rule would repropose, with certain changes, five new 

Export Control Classification Numbers 

(ECCNs) on the Commerce Control List 

(CCL) that were proposed in a proposed 

rule published on July 15, 2011 (76 FR 

41958). The revised ECCNs in this 

proposed rule are the result of 

continued deliberations of the Bureau of 

Industry and Security, the Department 

of Defense and the Department of State 

and recommendations of commenters 

on the July 15 proposed rule. This 

proposed rule is being published in 

conjunction with a proposed rule by the 

Department of State, Directorate of 

Defense Trade Controls to remove from 

Category VII of the USML (22 CFR 

121.1, Category VII) articles that the 

President determines no longer warrant 

control on the USML. 

DATES: Comments must be received by 

January 20, 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– 

2011–0040. 

• By email directly to: 

publiccomments@bis.doc.gov. Include 

RIN 0694–AF17 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–AF17. 

FOR FURTHER INFORMATION CONTACT: 

Gene Christiansen, Office of National 

Security and Technology Transfer 

Controls, 202 482 2984, 

gene.christiansen@bis.doc.gov. 

SUPPLEMENTARY INFORMATON: 

Background 

On July 15, 2011, as part of the 

Administration’s ongoing Export 

Control Reform Initiative, the Bureau of 

Industry and Security (BIS) published a 

proposed rule (76 FR 41958) 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) 

would be controlled on the Commerce 

Control List (CCL). In that proposed 

rule, BIS also described its proposal for 

how military vehicles and related 

articles in USML Category VII that no 

longer warrant controls under the USML 

would be controlled on the CCL. On 

November 7, 2011, BIS published a 

proposed rule (76 FR 68675)) that sets 

forth how aircraft and related items the 

President determines to no longer 

warrant control on the USML would be 

controlled on the CCL (herein, the 

aircraft proposed rule). In that proposed 

rule, BIS made several changes and 

additions to the framework proposed in 

the July 15 proposed rule. Following the 

structure of the July 15 proposed rule, 

as modified by the rule published on 

November 7, this proposed rule 

describes BIS’s revised proposal for how 

various military vehicles and related 

articles that are controlled by USML 

Category VII would be controlled on the 

CCL. 

The changes described in this 

proposed rule and the State 

Department’s proposed amendment to 

Category VII of the USML are based on 

a review of Category VII 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 

controlled by USML Category VII that 

either (i) Are inherently military and 

otherwise warrant control on the USML, 

or (ii) if of a type common to civil 

vehicles, possess parameters or 

characteristics that provide a critical 

military or intelligence advantage to the 

United States and that are almost 

exclusively available from the United 

States. For articles that satisfy one or 

both of those criteria, the review 

resulted in the article’s remaining on the 

USML. An article that 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, 

would be identified in the new ECCNs 

proposed in this notice. 

The license requirements and other 

EAR-specific controls for such items 

also described in this notice would 

enhance national security by (i) 

Allowing for greater interoperability 

with our NATO and other allies while 

still maintaining and expanding robust 

controls and, in some cases, 

prohibitions on exports or reexports to 

other countries and for proscribed end 

users and end uses; (ii) enhancing our 

defense industrial base by, for example, 

reducing the current incentives for 

foreign companies to design out or 

avoid U.S.-origin ITAR-controlled 

content, particularly with respect to 

generic, unspecified parts and 

components; and (iii) 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 

multi-regime 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 


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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). This proposed rule describes 

how certain military vehicles and 

related articles in USML Category VII 

would be controlled by the EAR and its 

CCL if the President determines that the 

articles no longer warrant control on the 

USML. 

In the July 15 proposed rule, BIS 

proposed creating a series of new 

ECCNs to control articles that would be 

moved from the USML to the CCL or 

that are Wassenaar Arrangement on 

Export Controls for Conventional Arms 

and Dual-Use Goods and Technologies 

Munitions List (WAML) items 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. 

The July 15 proposed rule specifically 

proposed creating five new ‘‘600 series’’ 

ECCNs (0A606, 0B606, 0C606, 0D606 

and 0E606). This proposed rule reproposes, with certain changes, those 

ECCNs based on review of the public 

comments on the July 15 proposed rule 

and on further deliberations by BIS, the 

Department of Defense and the 

Department of State. 

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. 

Comments Regarding ECCNs 0A606, 

0B606, 0C606, 0D606 and 0E606 in the 

July 15 Proposed Rule 

The comment period for the July 15 

proposed rule ended on September 13, 

2011. Some of the comments that BIS 

received concerned exclusively the text 

of the proposed new ECCN 0A606, 

0B606, 0C606, 0D606 and 0E606. BIS 

has adopted some of the 

recommendations in those comments 

and incorporated them into this 

proposed rule. BIS will continue to 

consider some of those comments and 

will make a decision whether or not to 

adopt their recommendations in any 

final rule concerning those new ECCNs. 

Comment 1 

Two commenters recommended 

removing the modifier ‘‘non-combat’’ 

from the description of military support 

vehicles in 0A606.b.5 so that any 

combat vehicles that are not described 

in the USML will not inadvertently 

become EAR99. One commenter offered 

the additional rationale that that the 

distinction between combat and noncombat military vehicles is not always 

clear. Some vehicles such as tow trucks 

and ambulances may have armor and be 

used in combat zones. 

Response 

BIS has not adopted this 

recommendation exactly as proposed, 

but has modified proposed ECCN 0A606 

in a way that it believes would address 

the concerns of these commenters. As 

modified, ECCN 0A606 would apply 

explicitly to military vehicles not listed 

in Category VII of the USML. BIS 

believes that the explicit requirement 

that a military vehicles not be on the 

USML in order to be classified under 

0A606 reduces the likelihood that a 

reader would conclude that vehicles not 

classified under 0A606 are EAR99. The 

modified ECCN 0A606 also does not use 

the phrase ‘‘non-combat,’’ which 

eliminates the need to make decisions 

as to whether a particular military 

vehicle is also a combat vehicle. 

Comment 2 

These same commenters in Comment 

1 recommending adding the phrase ‘‘not 

on the USML’’ to 0A606.x and .y 

because, absent such a statement, 

unwary readers might conclude that 

parts and components not elsewhere in 

paragraphs .x or .y are EAR99 when 

they might in fact be listed on the ITAR. 

Another commenter noted that 

exclusions in some of the items listed in 

paragraph .y might lead readers to 

conclude that the excluded item is 

EAR99. This commenter also 

recommended language making clear 

that items in paragraph .y are not those 

that are not listed on the ITAR. 

Response 

BIS agrees and has included the 

phrase ‘‘not elsewhere specified on the 

USML or CCL’’ in both paragraphs .x 

and .y. 

Comment 3 

Two commenters recommended 

listing the ECCN paragraphs to which a 

control applies (or does not apply) in 

the ‘‘Control(s)’’ column within an 

ECCN rather than in the ‘‘Country 

Chart’’ column. 

Response 

The structure that these commenters 

recommended is already used 

throughout the CCL. BIS has used it for 

this proposed rule and expects to use for 

other proposed rules relating to control 

of items that the President determines 

no longer warrant control on the United 

States Munitions List. 

Comment 4 

One commenter noted that a number 

of parts and components currently 

controlled by 9A018 would, under the 

proposed text of ECCN 0A606 and the 

proposed definition of ‘‘specially 

designed,’’ move to new ECCN 0A606.x, 

which would make them ineligible for 

License Exception LVS because 

proposed ECCN 0A606 allows that 

license exception for 0A606.a, .b and .c 

only. This commenter also stated that 

the new definition of specially designed 

would require it to obtain licenses for 

exports to Country Group B countries. 

Response 

BIS acknowledges that this is an 

unintentional consequence of ECCN 

0A606 and has revised this ECCN to 

make License Exception LVS, which 

allows limited value shipments to 

Country Group B, available for all 

commodities classified under proposed 

ECCN 0A606 including those currently 

found in ECCN 9A018. BIS notes that 

License Exception GBS, which 

authorizes shipments to Country Group 

B without value limits, currently is not 

available for commodities classified 

under ECCN 9A018. Thus the 

movement of items from ECCN 9A018 to 

0A606 does not affect eligibility for 

exports under License Exception GBS. 

Comment 5 

One commenter recommended that 

regional stability controls not apply to 

ECCN 0A606.a. The commenter noted 

that the items that would be classified 

under that proposed paragraph 

currently are classified under 0A018.a 


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and not subject to any regional stability 

reason for control. The commenter 

stated that it is not aware of any 

compelling reason for a change in policy 

for these items. 

Response 

BIS acknowledges that some 

commodities currently classified under 

0A018.a (therefore not subject to a 

regional stability reason for control) and 

other commodities currently classified 

under 9A018.b (therefore subject to the 

regional stability column 2 reason for 

control) would, under the July 15 rule, 

be classified under ECCN 0A606 and 

therefore would be subject to the 

regional stability column 1 (RS 1) reason 

for control. However, BIS believes that 

the impact of this change on the public 

would be both reasonable and justified 

in light of the nature of the commodities 

that would be affected, and is not 

proposing any changes to ECCN 0A606 

as proposed in the July 15 rule. 

Currently ECCN 0A018.a and 9A018.b 

are subject to the national security 

column 1 (NS 1) reason for control. Both 

the NS1 and RS 1 reasons for control 

impose a license requirement for all 

destinations other than Canada. 

However, licensing policy for the two 

reasons are different. The national 

security licensing policy is focused on 

risk of diversion to Country Group D:1 

destinations. The RS 1 licensing policy 

is focused on preventing enhancement 

of military capabilities that would alter 

or destabilize a region’s stability 

contrary to the interests of the United 

States. All commodities that would be 

subject to the RS 1 reason for control in 

proposed ECCN 0A606 are inherently 

military and, therefore, any export of 

these items can be expected to enhance 

some country’s military capability. 

Because of this inherently military 

nature, BIS believes that application of 

the more comprehensive RS 1 licensing 

policy in addition to the more 

traditional NS 1 licensing policy is 

justified. 

Comment 6 

One commenter recommended that 

0A606.x be limited to specific ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories and 

attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to 

control in this ECCN or a defense article 

in USML Category VII that has military 

application with no civil equivalent. 

That commenter provided an illustrative 

list of items that, in its opinion, have 

military application with no civil 

equivalent. That list consisted of: 

• Weapon systems (including 

mounting. targeting. and stabilization 

systems); 

• Sensor systems (other than collision 

avoidance or parking sensors systems); 

and 

• Communication systems (other than 

communication systems designed to 

work with civil communication 

systems). 

This commenter also recommended 

that paragraph .y be made into an 

illustrative list of items that have little 

or no military significance or no civil 

equivalent and that the list in paragraph 

.y should include only items with 

military significance. Items with no 

military significance should be EAR99. 

Response 

The purpose of the controls in a .y 

paragraph is to create a specific, clear, 

and exclusive list of parts and 

components that are so militarily 

insignificant that they do not warrant 

NS1 or RS1 controls, even if those parts 

or components are ‘‘specially designed’’ 

for a defense article on the USML or for 

an item in another paragraph of the 

ECCN that includes that .y paragraph. 

Turning such a list into an illustrative 

list would create significant doubts 

among exporters and government 

officials regarding precisely which items 

were subject to its controls. Thus, BIS 

did not accept this recommendation. 

Comment 7 

One commenter recommended that 

paragraph .x be either a positive list of 

parts and components that are militarily 

significant or a list of the characteristics 

that make a part militarily significant. 

Response 

As described in the State 

Department’s proposed rule amending 

USML Category VII (which is being 

published simultaneously with this 

proposed rule), paragraph (g) for 

Category VII, which has historically 

contained a catch-all control for all 

parts, components, accessories, or 

attachments ‘‘specifically designed or 

modified’’ in any way for a defense 

article in Category VII, would be 

replaced by a positive list of parts, 

components, accessories, and 

attachments that would be controlled by 

the proposed revised paragraph VII(g). 

Thus, this proposed amendment is 

consistent with the Administration’s 

goal of creating, to the extent possible, 

positive lists of controlled items—i.e., 

controlling items without using broad, 

design-intent based catch-all controls 

over generic types of items such as 

‘‘parts’’ and ‘‘components.’’ However, 

another Administration objective is to 

make sure that items ‘‘specially 

designed’’ for defense articles that are 

now USML controlled items but that 

would not be USML controlled items 

after any proposed jurisdictional 

changes not fall out of export controls 

completely. This is why the proposed .x 

controls in each of the new 600 series 

ECCNs control all parts, components, 

accessories, and attachments ‘‘specially 

designed’’ for a defense article in the 

corresponding USML category or that 

ECCN. Thus, BIS rejected this 

recommendation. 

Comment 8 

Three commenters proposed function 

tests for identifying items to be included 

in 0A606 paragraph .y as follows: 

The same commenter in Comment 7 

recommended that if paragraph .x 

cannot to be made into a positive list, 

certain items should be added to 

paragraph .y. These items are common 

(in function) to items widely used in 

civilian vehicles. They include gauges 

such as speedometers; instrument 

panels/clusters; vehicle/engine sensors; 

vehicle engine monitoring sensors and 

displays such as check engine lights and 

their associated sensors; electronic 

braking systems; multiplexing systems 

to limit vehicle wiring; tire pressure 

monitoring systems; and data relating to 

tires (not including run-flats). Although 

these items might have to be modified 

for a particular military vehicle, such 

modifications typically relate fit and are 

similar to the types of modifications that 

are made for civilian vehicles. 

This commenter also stated that the 

proposed rule did not set forth any 

criteria by which BIS selected items for 

paragraph .y and the selection was 

arbitrary. The commenter noted five 

possible characteristics that the BIS 

proposed 0A606.y items appeared to 

have in common. Those characteristics 

are: (1) The items are widely used in 

civilian and military vehicles alike; (2) 

without these products, many military 

and civilian vehicles could not function 

at all; (3) they do not include offensive 

weaponry, armor, threat detection 

systems, or military command, control, 

and communications systems; (4) they 

do not include items that control or 

monitor offensive weaponry, armor, 

threat detection systems, or military 

command control and communications 

systems; and (5) they are available from 

foreign sources in many locations 

around the world. The commenter 

stated that it thinks such would be good 

criteria for limiting the reason for 

control to antiterrorism. 

This commenter also suggested that 

BIS’s selection of items for paragraph .y 

appears to equate complexity and the 

age of a technology with military 

significance. The commenter pointed 

out that no electronic parts are in 


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paragraph .y. This commenter also 

noted that multilateral regimes do not 

require that the United States control 

non-significant parts and the end-use 

and end-user license requirements 

provide adequate control for parts that 

have no military significance. 

One commenter asked why 0A606.y 

did not include exhaust pipes. This 

commenter stated that exhaust pipes 

consist mainly of metal tubing that is 

bent to fit a particular model of vehicle. 

As such, they appear to be classified 

under 0A606.x. However, exhaust pipes 

serve the function of keeping poisonous 

gases away from the passenger 

compartment on both civilian and 

military vehicles. 

One commenter recommended that 

wheels be added to 0A606.y, stating that 

wheels have no more military 

significance than bearings, axles and 

blackout lights, all of which were in 

0A606.y of the proposed rule. 

Response 

These commenters are, in effect, 

proposing a function test for inclusion 

in paragraph 0A606.y, i.e., items that 

differ only in form or fit from items that 

perform a function that is common to 

both military and civilian vehicles but 

that must be adapted in form or fit to a 

military vehicle should be controlled at 

no more than the antiterrorism reason 

for control. BIS believes that this 

recommendation is relevant to all 

ECCNs that would become part of this 

phase of the Export Control Reform 

Initiative. BIS will continue to review 

the concept underlying this 

recommendation and encourages further 

comment on appropriate criteria for 

determining which items classified 

under 600 series ECCNs should be 

limited to the AT reason for control. BIS 

will also continue to review the specific 

items proposed for inclusion in 0A606.y 

by these commenters. BIS also notes 

that, at least in some instances, exhaust 

systems for military vehicles perform 

additional functions than those 

typically performed by civilian vehicle 

exhaust systems. Some military exhaust 

systems are designed and built to 

facilitate deep water fording or to 

reduce emission of thermal radiation, 

thereby making the vehicle less 

detectable by opposing forces. Thus, 

exhaust systems are not per se items 

that, even if specially designed for a 

military application would have little or 

no military significance. 

Comment 9 

One commenter stated that bearings 

should be EAR99 rather than 0A606.y. 

This same commenter also stated that 

gears have about the same level of 

military significance as bearings and 

that gears should be in 0A606.y 

Response 

Bearings that are not otherwise 

identified in the CCL, such as in ECCN 

2A001, and that are not ‘‘specially 

designed’’ for a military vehicle 

controlled on the USML or CCL would 

be EAR99 bearings. The fact that there 

are significant controls on some types of 

bearings in the CCL indicates that 

bearings are not per se the types of items 

that would have little or no military 

significance even if specially designed 

for a military end item. With respect to 

‘‘gears,’’ BIS proposed excluding from 

controls in its definition of ‘‘specially 

designed’’ single unassembled parts that 

are commonly used in civil 

applications. As indicated above, BIS is 

reviewing the public comments on this 

aspect of the proposed definition and 

will address this point in a second 

proposed rule pertaining to the 

definition of specially designed. 

Comment 10 

One commenter questioned why 

blackout lights were included in 

proposed ECCN 0A606.y, which applies 

to items of little or no military 

significance and also in proposed 

Interpretation 8, which, among other 

things, identifies features that give a 

vehicle military characteristics. 

Response 

This proposed rule would amend 

proposed 0A606.y to remove blackout 

lights and would remove Interpretation 

8 in its entirety. Controls on blackout 

lights are currently the subject of 

deliberations by the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual Use Goods 

and Technologies. Changing controls on 

blackout lights at this time would be 

premature. Therefore this proposed rule 

would not include blackout lights in 

paragraph .y of ECCN 0A606. Blackout 

lights that are specially designed parts, 

components, accessories or attachments 

for a commodity enumerated in ECCN 

0A606 (other than 0A606.b) or a defense 

article enumerated in USML Category 

VII classified under ECCN 0A606.x 

unless specified elsewhere on the CCL 

or the USML. 

Comment 11 

Some commenters recommended that 

a paragraph .y (or a note) be included 

in ECCNs 0B606, 0C606, 0D606 and 

0E606 to cover test, inspection and 

production equipment; materials; 

software; and technology that applies to 

commodities in 0A606.y 

Response 

BIS agrees with this comment. This 

proposed rule would apply this 

limitation to proposed ECCNs 0B606, 

0C606, 0D606 and 0E606. 

Comment 12 

Two commenters noted that software 

for the development, production or use 

of 0A606.y commodity item should be 

controlled at the AT level. 

Response 

BIS agrees with this comment and 

proposes to apply AT controls for 

development, production, operation or 

maintenance software. 

Comment 13 

One commenter recommended that to 

promote the adaption of commercial 

products for use in U.S. military 

vehicles, the Department of Commerce 

should limit the controls on form, fit 

and function data that is necessary to 

provide military insignificant items for 

military vehicles to the antiterrorism 

reason for control only unless that 

information relates to certain sensitive 

items. Specifically this commenter 

recommended adding a note to ECCN 

0A606 providing that: ‘‘The form, fit, 

and function information necessary to 

design, modify, adapt, and configure 

parts and components listed in ECCN 

0A606.y as having little or no military 

significance is controlled only for AT 

reasons. To the extent the form, fit, and 

function information relates to vehicle 

weapons; armor; threat detection 

systems; or military command, control, 

and communications systems, that 

information is controlled to the extent 

and in the same manner as ‘technology’ 

or ‘technical data’ concerning such item 

is controlled by the EAR or ITAR, 

respectively.’’ 

Response 

This comment, although directed at 

0A606, applies to all the 600 series 

ECCNs that would be created in the 

Export Control Reform Initiative. BIS is 

not making the recommended changes 

at this time but will continue to 

consider the recommendation and may 

propose changes, if warranted. BIS 

encourages additional comments on this 

issue. 

Specific Changes Proposed by This Rule 

Removal of Interpretation 8 

This rule would remove § 770.2(h) 

Interpretation 8: Ground vehicles. BIS 

believes that the text that this rule 

proposes for ECCN 0A606 when read 

with the proposed State Department 

revisions to Category VII of the USML 


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are sufficiently precise to make 

Interpretation 8 unnecessary. 

Changes to Proposed ECCNs 0A606, 

0B606, 0C606, 0D606 and 0E606 

Following the pattern announced in 

the July 15 proposed rule, each of the 

five ECCNs noted above would contain 

a new paragraph designated ‘‘.y.99’’ to 

cover items that would otherwise fall 

within the scope of one of the ECCNs 

because, for example, they were 

‘‘specially designed’’ for a military use, 

but which (i) Had been previously 

determined by the Department of State 

to be subject to the EAR and (ii) were 

not listed on the CCL. Items in these 

.y.99 paragraphs would be subject to 

antiterrorism controls. 

Again, following the pattern 

announced in the aircraft proposed rule, 

the United Nations reason for control 

would be removed from the ‘‘License 

Requirements’’ section of each of the 

five ECCNs listed above. The policy of 

denying applications for licenses to 

export or reexport 600 series items to 

destinations that are subject to a United 

Nations arms embargo would be 

implemented in connection with the 

national security reason for control 

(proposed by the July 15 proposed rule) 

and with the regional stability reason for 

control (proposed by the aircraft 

proposed rule). Because the EAR as 

proposed relies on the national security 

and regional stability reasons for control 

to implement United Nations arms 

embargoes with respect to 600 series 

items on the CCL, a reference to the 

United Nations in these ECCNs has no 

legal effect and is likely to engender 

public confusion by suggesting the 

existence of a separate United Nations 

arms embargo licensing requirements 

and licensing policy section in the EAR. 

Such a section does not exist. 

The references to other 600 series 

items in the same CCL category and 

product group would be removed from 

the ‘‘Related Controls’’ paragraphs of 

each of the five ECCNs noted above to 

conform to the practice prevailing 

throughout the CCL. Using the five 

product groups to describe items that 

differ in function but that are related to 

other items in the same CCL category 

has been an organizing principle of the 

EAR since at least 1966. Related 

Controls paragraphs alert readers to 

items that are similar to the items in a 

given ECCN but that are subject to the 

export control jurisdiction of another 

agency or appear in a different ECCN. 

The words under the ‘‘Controls’’ and 

‘‘Country Chart’’ columns in the 

‘‘Reasons for Control’’ paragraph of each 

ECCN would be revised to conform to 

the pattern prevailing throughout the 

CCL wherein the ECCN paragraphs to 

which a control apply are listed the 

‘‘Controls’’ column rather than in the 

‘‘Country Chart’’ column as was the case 

in the July 15 proposed rule. This 

change is stylistic only, and would not 

affect any license requirements. 

Changes to Proposed ECCN 0A606 

This rule proposes a new version of 

ECCN 0A606 that differs in a number of 

respects from the proposed ECCN 

0A606 in the July 15 proposed rule. 

Those differences and the reasons 

therefor are as follows. 

The heading would be revised from 

‘‘Ground Vehicles, ‘Parts’ and 

‘Components’ as follows’’ to ‘‘Ground 

vehicles and related commodities, as 

follows (See List of Items Controlled)’’ 

to reflect the fact that some of the items 

listed in the entry are accessories, 

attachments, forgings, castings and other 

unfinished products that are not, as 

defined, ‘‘parts’’ or ‘‘components’’ of the 

ground vehicles that would be classified 

under proposed ECCN 0A606. 

This proposed rule would add a new 

sentence to the STA paragraph in the 

License Exception section to explicitly 

state that items in 0A606.x are not 

subject to the requirement for a 

determination as described in 

§ 740.20(g) before being exported or 

reexported under License Exception 

STA. Such determinations are not 

needed because item in paragraph .x 

are, by definition, parts and components 

and are not ‘‘end items.’’ BIS regards 

this proposal as an additional statement 

of a principle set forth in the July 15 

proposed rule and is not a substantive 

change. 

The EAR Country Chart Column 

designators in the License Requirements 

section would apply national security 

(NS column 2), regional stability (RS 

column 2) to 0A606.b, certain unarmed 

all-wheel drive off-road vehicles derived 

from civilian vehicles that provide 

ballistic protection to level III (National 

Institute of Justice standard 0108.01, 

September 1985) or better and parts and 

components that provide such 

protection. As proposed in the July 15 

proposed rule, all other paragraphs of 

this ECCN, except paragraph .y, would 

be subject to the NS column 1 and RS 

column 1 reason for control, and the 

entire ECCN would be subject to the 

anti-terrorism reason for control. 

Applying NS column 2 and RS column 

2 reasons for control to the armored offroad vehicles in 0A606.b would allow 

armored SUVs that are used for personal 

protection to be exported to most NATO 

member countries along with Australia, 

Japan and New Zealand without a 

license. Any risk that such vehicles 

exported to such destinations would be 

employed in a military use inimical to 

the United States or its allies is 

minimal. 

As revised, proposed new ECCN 

0A606 would include deep water 

fording kits ‘‘specially designed’’ for 

ground vehicles controlled by 0A606.a 

or USML Category VII, and selflaunching bridge components not 

enumerated in USML Category VII(g) 

‘‘specially designed’’ for deployment by 

ground vehicles enumerated in USML 

Category VII or 0A606. Such items are 

specifically identified in WAML 

Category 6. Because a goal of the effort 

of the reform effort is to more clearly 

align the U.S. Government’s controls 

with the controls of the multilateral 

regimes, these controls are specifically 

listed in the new 0A606. 

This proposed rule would add a note 

to paragraph .x providing that forgings, 

castings and certain other unfinished 

products that have reached a stage in 

manufacture where they are clearly 

identifiable as commodities controlled 

by 0A606.x are controlled by that 

paragraph. Adding this note serves to 

better align the controls over 600 series 

military articles with the controls in the 

WAML, which controls in its Category 

16 such forgings and castings. This 

proposed note also would better align 

the requirements of ECCN 0A606 with 

the controls on forgings and castings 

now in the ITAR (22 CFR 121.10). BIS 

encourages comments on whether the 

proposed controls on forgings and 

castings in the new 0A606.x are clear. 

Also, the proposed new ECCN would 

not include in paragraph .y blackout 

lights, which were included in 

paragraph .y of the July 15 proposed 

rule because the subject of appropriate 

controls over blackout lights is a topic 

under consideration by the Wassenaar 

Arrangements on Export Controls for 

Conventional Arms and Dual-Use Goods 

and Technologies. Blackout lights that 

are specially designed parts, 

components, accessories or attachments 

for a commodity enumerated in ECCN 

0A606 (other than 0A606.b) or a defense 

article enumerated in USML Category 

VII classified under ECCN 0A606.x 

unless specified elsewhere on the CCL 

or the USML. 

Finally, the proposed new ECCN 

0A606 would not include military 

vehicle gas turbine engines because 

controls on gas turbine engines and 

related items for military aircraft, ships, 

and vehicles are addressed in another 

proposed rule which, would create a 

proposed ECCN 9A619. Although this 

numbering deviates slightly from the 

WAML numbering approach, BIS 

believes that it would be more efficient 


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to list all 600 series controls for gas 

turbine engines and related items in one 

ECCN. The anticipated new ECCN will 

correspond to a new USML Category 

XIX that the State Department would 

propose creating to control USMLcontrolled gas turbine engines and 

related articles. 

Changes to Proposed ECCN 0B606 

This rule proposes a new version of 

ECCN 0B606 that differs in a number of 

respects from the ECCN 0B606 in the 

July 15 proposed rule. 

The heading would be changed from 

‘‘Test, inspection, and production 

‘equipment’ and related commodities 

‘specially designed’ for the 

‘development’ or ‘production’ of 

commodities enumerated in ECCN 

0A606’’ to ‘‘Test, inspection, and 

production ‘equipment’ and related 

commodities ‘specially designed’ for the 

‘development’ or ‘production’ of 

commodities enumerated in ECCN 

0A606 or USML Category VII (See List 

of Items Controlled).’’ This text more 

accurately reflects the scope of this 

proposed ECCN. 

The four specific commodities that 

were listed in paragraphs .a, .b .c and .d 

in the July 15 proposed rule: (i) Armor 

plate drilling machines, other than 

radial drilling machines, (ii) armor plate 

planing machines, (iii) armor plate 

quenching presses; and (iv) tank turret 

bearing grinding machines are included 

as a note to paragraph .a in this 

proposed rule. Paragraph .a, as a whole, 

would apply more broadly in this 

proposed rule to test, inspection, and 

production ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

enumerated in ECCN 0A606 (except for 

0A606.y) or in USML Category VII, and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories 

and attachments’’ ‘‘specially designed’’ 

therefor. Paragraph .b would apply more 

broadly in this proposed rule to 

environmental test facilities ‘‘specially 

designed’’ for the certification, 

qualification, or testing of commodities 

enumerated in ECCN 0A606 (except for 

0A606.b or 0A606.y) or in USML 

Category VII, and ‘‘equipment’’ 

‘‘specially designed’’ therefor. This 

specifically identifies as controlled in 

U.S. export control law such items, 

which are identified in WAML Category 

18. 

Paragraphs .c through .x would be 

reserved for future use. 

Changes to Proposed ECCN 0C606 

The ‘‘Items’’ paragraph in the ‘‘List of 

Items Controlled’’ section would be in 

the form of a list rather than just a 

reference to the ECCN heading as was 

the case in the July 15 proposed rule. 

Paragraph .a of that list would 

enumerate materials ‘‘specially 

designed’’ for the ‘‘development’’ or 

‘‘production’’ of commodities 

enumerated in ECCN 0A606 (other than 

0A606.b or 0A606.y) or USML Category 

VII, not elsewhere specified in the 

USML or the CCL. Two notes following 

paragraph .a would make clear that 

materials enumerated elsewhere on the 

CCL are subject to the controls of the 

CCL in which they are enumerated and 

materials specially designed for vehicles 

enumerated in ECCN 0A606 or in USML 

Category VII are subject to ECCN 0C606 

unless such materials are identified in 

USML Category VII(g). 

Changes to Proposed ECCN 0D606 

The term ‘‘use’’ would be replaced 

with the term ‘‘operation and 

maintenance’’ because the latter more 

accurately describes the software 

functions of concern. 

Changes to Proposed ECCN 0E606 

The term ‘‘use’’ would be replaced 

with the term ‘‘operation, installation, 

maintenance, repair or overhaul’’ 

because the latter is a more accurate 

description of the technology of 

concern. 

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. Anyone 

wishing to comment anonymously may 

do so by submitting their comment via 

regulations.gov and leaving the fields 

for information that would identify the 

commenter for identifying information 

blank. 

Relationship to the July 15 Proposed 

Rule and the Aircraft 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 aircraft 

proposed rule, BIS proposed several 

changes to those definitions and 

concepts. The comment period for the 

aircraft proposed rule will close 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 in the context of the changes 

proposed in this rule. 

BIS believes that the following aspects 

of the July 15 proposed rule and the 

aircraft proposed rule are among those 

that could affect this proposed rule: 

• De minimis provisions in § 734.4; 

• Definitions of terms in § 772.1; 

• Restrictions on use of license 

exceptions in §§ 740.2, 740.10, 740.11, 

and 740.20 (including restrictions 

proposed by the November 7, 2011, 

proposed rule that would apply to items 

outside the scope of that rule); 

• Change to national security 

licensing policy in § 742.4; 

• Requirement to request 

authorization to use License Exception 

STA for end items in 600 series ECCNs 

and procedures for submitting such 

requests in §§ 740.2, 740.20, 748.8 and 

Supp. No. 2 to part 748; 

• 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; and 

• 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 this 

proposed rule. 

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 Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222. 

Rulemaking Requirements 

Regulatory 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). 


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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 EAR that are being removed 

from the ITAR as part of the 

administration’s Export Control Reform 

Initiative will increase the number of 

license applications to be submitted to 

BIS 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. 

Some items formerly on the USML 

will become eligible for License 

Exception STA under this rule. Other 

such items may become eligible for 

License Exception STA upon approval 

of a request submitted in conjunction 

with a license application. 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 EAR that are being removed 

from the ITAR as part of the 

administration’s Export Control Reform 

Initiative will 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. This proposed rule addresses 

controls on military vehicles and related 

parts, components, production 

equipment, materials, software, and 

technology. The largest impact of the 

proposed rule would be with respect to 

exporters of parts and components 

because, under the proposed rule, most 

U.S. and foreign military vehicles 

currently in service would continue to 

be subject to the ITAR. Because, with 

few exceptions, the ITAR allows 

exemptions from license requirements 

only for exports to Canada, most exports 

to integrators for U.S. government 

equipment and most exports of routine 

maintenance parts and components for 

our NATO and other close allies require 

State Department authorization. In 

addition, the exports necessary to 

produce parts and components for 

defense articles in the inventories of the 

United States and its NATO and other 

close allies require State Department 

authorizations. Under the EAR, as 

proposed, a small number of low level 

parts would not require a license to 

most destinations. Most other parts, 

components, accessories, and 

attachments would become eligible for 

export to NATO and other close 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 and 

acknowledgement and commitment to 

comply with the EAR. It is, however, the 

Administration’s understanding that 

complying with the burdens of STA is 

likely to be 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 allied and, in 

some cases, U.S. forces with routine 

replacement parts and components. 

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 0E606 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 a regulatory flexibility 

analysis 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, 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 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 statute 

does not require the agency to prepare 

a regulatory flexibility analysis. 

Pursuant to section 605(b), the Chief 

Counsel for Regulations, Department of 

Commerce, submitted a memorandum 

to the Chief Counsel for Advocacy, 

Small Business Administration, 

certifying that proposed rule published 

on July 15, 2011, will not have a 

significant impact on a substantial 

number of small entities. 

This proposed rule re-proposes with 

certain changes, 5 ECCNs that were 

proposed in the July 15, 2011 rule. The 

changes proposed in this rule do not 

impact the original certification. 

Consequently, BIS has not prepared a 

regulatory flexibility analysis. A 

summary of the factual basis for the 

certification, which also takes into 

consideration the changes to the five 

proposed ECCNs in this rule, is 

provided below. 

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 


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76092 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

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 

reduced delay for exports of items that 

are now on the USML but would 

become subject to the EAR. This rule 

focuses on Category VII articles, which 

are tanks and military vehicles and 

related parts, components, production 

equipment, software, and technology. 

Most operational tanks and military 

vehicles currently in active inventory 

would remain on the USML. However, 

parts and components, which are more 

likely to be produced by small 

businesses than are complete vehicles, 

would in many cases become subject to 

the EAR. In addition, 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 review by that department. 

Changing the jurisdictional status of 

Category VII 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. 

Fourteen types of parts and 

components, identified in ECCN 

0A606.y, would be designated 

immediately as parts and components 

that, even if specially designed for a 

military use, have little or no military 

significance. These parts and 

components, which under the ITAR 

require a license to nearly all 

destinations, would, under the EAR, 

require a license to only five 

destinations and, if destined for a 

military end use, the People’s Republic 

of China. 

Many exports and reexports of 

Category VII articles that would be 

placed on the CCL by this rule, 

particularly parts and components, 

would become eligible for license 

exceptions that apply to shipments to 

United States 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 United States 

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 VII 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 that 

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 USML’s licensing procedure. 

Currently, USML applicants must pay to 

use the USML 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 VII items 

that are the subject to this rulemaking 

are moved from the USML to the CCL, 

entities currently applying for licenses 

from the Department of State would find 

their registration fees reduced if the 

number of USML 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 would 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. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
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For items currently on the CCL that 

would be moved from existing ECCNs to 

the new 600 series, license exception 

availability would be narrowed 

somewhat and the applicable de 

minimis threshold for foreign-made 

products containing those items would 

in some cases be reduced from 25 

percent to 10 percent. However, BIS 

believes that increased burden imposed 

by those actions will be offset 

substantially by the reduction in 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 the 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 

Regulations 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. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 770 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

proposed to be amended as follows: 

15 CFR PART 742—[AMENDED] 

1. The authority citation paragraph for 

part 742 is revised 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 paragraphs (a)(1) and (a)(4)(i) to 

read as follows: 

§ 742.6 Regional stability. 

(a) * * * 

(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 

0A521; 0A606 (except 0A606.b and .y); 

0B521; 0B606 (except 0B606.y); 0C521; 

0C606 (except 0C606.y); 0D521; 0D606 

(except 0D606.y); 0E521; 0E606 (except 

0E606.y); 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 

classified under 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 classified under 

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); 9A610 

(except 9A610.y); 9A619; 9B610 (except 

9B610.y); 9B619 (except 9B619.y); 

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

9C619,y); 9D610 (except software for the 

development,’’ ‘‘production,’’ operation 

or maintenance 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, overhaul, or 

refurbishment of commodities 

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

or 9C610.y) and 9E619 (except 

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

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul of 

refurbishment of commodities 

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

or 9C619.y). 

* * * 

(4) * * * 

(i) License Requirements Applicable 

to Most RS Column 2 Items. As 

indicated in the CCL and in RS Column 

2 of the Commerce Country Chart (see 

Supplement No. 1 to part 738 of the 

EAR), a license is required to any 

destination except Australia, Japan, 

New Zealand, and countries in the 

North Atlantic Treaty Organization 

(NATO) for items described on the CCL 

under ECCNs 0A918, 0E918, 1A004.d, 

1D003 (software to enable equipment to 

perform the functions of equipment 

controlled by 1A004.d), 1E001 

(technology for the development, 

production, or use of 1A004.d), 2A983, 

2A984, 2D983, 2D984, 2E983, 2E984, 

0A606.b, 8A918, and for military 

vehicles and certain commodities 

(specially designed) used to 

manufacture military equipment, 

described on the CCL in ECCNs 

0A018.c, 1B018.a, and 2B018. 

* * * * * 

15 CFR PART 770—[AMENDED] 

3. The authority citation paragraph for 

part 770 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

12, 2011, 76 FR 50661 (August 16, 2011). 

Section 770.2 [Amended] 

4. Section 770.2 is amended by 

removing and reserving paragraph (h). 

PART 774—[AMENDED] 

5. The authority citation paragraph for 

part 774 continues to read as follows: 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
76094 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

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). 

6. In Supplement No. 1 to part 774, 

Category 0, add Export Control 

Classification Number 0A606 between 

Export Control Classification Numbers 

0A018 and 0A918 to read as follows: 

0A606 Ground vehicles and related 

commodities, 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 

0A606.b and .y.

NS Column 1 

NS applies to 

0A606.b.

NS Column 2 

RS applies to entire 

entry, except 

0A606.b and .y.

RS Column 1 

RS applies to 

0A606.b.

RS Column 2 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

LVS: $1500 

GBS: N/A 

CIV: N/A 

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

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

used for any item in 0A606. Paragraph 

(c)(1) of License Exception STA 

(§ 740.20(c)(1)) may not be used for any 

‘‘end item’’ in 0A606, unless determined 

by BIS to be eligible for License Exception 

STA in accordance with § 740.20(g) 

(License Exception STA eligibility requests 

for ‘‘600 series’’ end items). See § 740.20(g) 

for the procedures to follow if you wish to 

request new STA eligibility for ‘‘end 

items’’ under this ECCN 0A606 as part of 

an export, reexport, or in-country (transfer) 

license application. ‘‘End items’’ under this 

entry that have already been determined to 

be eligible for License Exception STA are 

listed in Supplement No. 4 to part 774 and 

on the BIS Web site at http:// 

www.bis.doc.gov * * *. 

Paragraph (c)(1) of License Exception STA 

(§ 740.20(c)(1)) may be used to export, 

reexport, or transfer (in-country) 

commodities that are not ‘‘end items,’’ 

such as those controlled by 0A606.x, 

without the need for a determination 

described in § 740.20(g). 

List of Items Controlled 

Unit: Equipment in number; ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories and 

attachments’’ in $ value 

Related Controls: (1) Ground vehicles and 

related articles, technical data (including 

software) and services described in 22 CFR 

part 121, Category VII, Ground Vehicles 

and Related Articles, are subject to the 

jurisdiction of the International Traffic in 

Arms Regulations. (2) 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. Ground vehicles, whether manned or 

unmanned, ‘‘specially designed’’ for a 

military use and not enumerated in USML 

Category VII. 

Note: For purposes of paragraph .a, 

‘‘ground vehicles’’ include (i) Tanks and 

armored vehicles manufactured prior to 1956 

that do not contain a functional weapon or 

a weapon capable of becoming functional 

through repair; (ii) military railway trains 

except those that are armed or are ‘‘specially 

designed’’ to launch missiles; (iii) unarmored 

military recovery and other support vehicles; 

(iv) unarmored, unarmed vehicles with 

mounts or hard points for firearms of .50 

caliber or less; and (iv) trailers ‘‘specially 

designed’’ for use with other ground vehicles 

enumerated in USML Category VII or ECCN 

0A606.a, and not separately enumerated in 

USML Category VII. 

b. Other Ground Vehicles and Related 

Commodities, as follows: 

b.1. Unarmed all-wheel drive vehicles 

capable of off-road use that are derived from 

civilian vehicles that have been modified or 

fitted with materials or components other 

than reactive or electromagnetic armor to 

provide ballistic protection to level III 

(National Institute of Justice standard 

0108.01, September 1985) or better. 

b.2. ‘‘Parts’’ and ‘‘components’’ that 

provide ballistic protection to level III 

(National Institute of Justice standard 

0108.01, September 1985) or better ‘‘specially 

designed’’ for ground vehicles controlled by 

0A606.b.1. 

Note 1: Ground vehicles otherwise 

controlled by 0A606.b.1 that contain reactive 

or electromagnetic armor are subject to the 

controls of USML Category VII. 

Note 2: ECCN 0A606.b.1 does not control 

civilian vehicles ‘‘specially designed’’ for 

transporting money or valuables. 

Note 3: ‘‘Unarmed’’ means not having 

installed weapons, installed mountings for 

weapons, or special reinforcements for 

mounts for weapons. 

c. Air-cooled diesel engines and engine 

blocks for armored vehicles that weigh more 

than 40 tons. 

d. Fully automatic continuously variable 

transmissions for tracked combat vehicles. 

e. Deep water fording kits ‘‘specially 

designed’’ for ground vehicles controlled by 

ECCN 0A606.a or USML Category VII. 

f. Self-launching bridge components not 

enumerated in USML Category VII(g) 

‘‘specially designed’’ for deployment by 

ground vehicles enumerated in USML 

Category VII or this ECCN. 

g. through w. [RESERVED] 

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

attachments’’ that are ‘‘specially designed’’ 

for a commodity enumerated in ECCN 0A606 

(other than 0A606.b) or a defense article 

enumerated in USML Category VII and not 

elsewhere specified on the USML or the CCL. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacture where they are clearly 

identifiable by material composition, 

geometry, or function as commodities 

controlled by ECCN 0A606.x are controlled 

by ECCN 0A606.x. 

Note 2: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories and attachments’’ enumerated in 

USML paragraph VII(g) are subject to the 

controls of that paragraph. ‘‘Parts,’’ 

‘‘components,’’ ‘‘accessories and 

attachments’’ enumerated in ECCN 0A606.y 

are subject to the controls of that paragraph. 

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

‘‘accessories and attachments’’ ‘‘specially 

designed’’ for a commodity enumerated in 

this ECCN (other than ECCN 0A606.b) or for 

a defense article in USML Category VII and 

not elsewhere specified on the USML or the 

CCL, as follows: 

y.1. Brake system components (e.g., discs, 

rotors, shoes, drums, springs, cylinders, 

lines, and hoses); 

y.2. Alternators and generators; 

y.3. Axles; 

y.4. Batteries; 

y.5. Bearings (e.g., ball, roller, wheel); 

y.6. Cables, cable assembles, and 

connectors; 

y.7. Cooling system hoses; 

y.8. Hydraulic, fuel, oil, and air filters, 

other than those controlled by ECCN 1A004; 

y.9. Gaskets and o-rings; 

y.10. Hydraulic system hoses, fittings, 

couplings, adapters, and valves; 

y.11. Latches and hinges; 

y.12. Lighting systems, fuses, and 

components; 

y.13. Pneumatic hoses, fittings, adapters, 

couplings, and valves; 

y.14. Seats, seat assemblies, seat supports, 

and harnesses; 

y.15 Tires, except run flat ; and 

y.16 Windows, except those for armored 

vehicles. 

y.17. to .98. [RESERVED] 

y.99. Commodities that would otherwise be 

controlled elsewhere in ECCN 0A606 but that 

(i) Have been determined to be ‘‘subject to 

the EAR’’ in a commodity jurisdiction 

determination issued by the U.S. Department 

of State and (ii) are not elsewhere identified 

on the CCL. 

7. In Supplement No. 1 to part 774, 

Category 0, add Export Control 

Classification Number 0B606 between 

Export Control Classification Numbers 

0B006 and 0B986 to read as follows: 

0B606 Test, inspection, and 

production ‘‘equipment’’ and 

related commodities, not 

enumerated on the USML, 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities enumerated in ECCN 

0A606 or USML Category VII (See 

List of Items Controlled). 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 76095 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to 0B606, 

except 0B606.y.

NS Column 1 

RS applies to 0B606, 

except 0B606.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

LVS: $1,500 

GBS: N/A 

CIV: N/A 

STA: Paragraph (c)(2) of License 

Exception STA (§ 740.20(c)(2)) of the 

EAR may not be used for any item in 

0B606. 

List of Items Controlled 

Unit: N/A 

Related Controls: (1) Ground vehicles 

and related articles, technical data 

(including software) and services 

described in 22 CFR part 121, 

Category VII, Ground Vehicles and 

Related Articles, are subject to the 

jurisdiction of the International 

Traffic in Arms Regulations. (2) 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. Test, inspection, and production 

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

the ‘‘production’’ or ‘‘development’’ of 

commodities enumerated in ECCN 

0A606 (except for 0A606.y) or in USML 

Category VII, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories and 

attachments’’ ‘‘specially designed’’ 

therefor. 

Note 1: ECCN 0B606 includes (i) Armor 

plate drilling machines, other than radial 

drilling machines, (ii) armor plate planing 

machines, (iii) armor plate quenching 

presses; and (iv) tank turret bearing grinding 

machines. 

b. Environmental test facilities 

‘‘specially designed’’ for the 

certification, qualification, or testing of 

commodities enumerated in ECCN 

0A606 (except for 0A606.b or 0A606.y) 

or in USML Category VII, and 

‘‘equipment’’ ‘‘specially designed’’ 

therefor. 

c. through x. [RESERVED] 

y. Specific test, inspection, and 

production ‘‘equipment’’ ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

enumerated in ECCN 0A606 (except for 

0A606.y) or in USML Category VII, and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories 

and attachments’’ ‘‘specially designed’’ 

therefor, as follows: 

y.1. through y.98 [RESERVED] 

y.99. Commodities that would otherwise be 

controlled elsewhere by ECCN 0B606, but 

that (i) have been determined to be subject 

to the EAR in a commodity jurisdiction 

determination issued by the U.S. Department 

of State and (ii) are not elsewhere identified 

on the CCL. 

8. In Supplement No. 1 to part 774, 

Category 0, add Export Control 

Classification Number 0C606 between 

Export Control Classification Numbers 

0C201 and the product group header 

that reads ‘‘D. Software’’ 

0C606 Materials ‘‘specially designed’’ for 

commodities controlled by ECCN 0A606 

not elsewhere specified in the USML or 

the CCL (See List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry, except 

0C606.y.

NS Column 1 

RS applies to entire 

entry, except 

0C606.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

LVS: $1,500 

GBS: N/A 

CIV: N/A 

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

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

used for any item in 0C606. 

List of Items Controlled 

Unit: N/A 

Related Controls: (1) Materials specifically 

designed, modified, adapted, or configured 

for military vehicles and related articles 

controlled in USML Category VII are 

controlled in USML paragraph XIII(f). (2) 

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. Materials ‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities enumerated in ECCN 0A606 

(other than 0A606.b or 0A606.y) or USML 

Category VII, not elsewhere specified in the 

USML or the CCL. 

Note 1: Materials enumerated elsewhere in 

the CCL, such as in a CCL Category 1 ECCN, 

are controlled pursuant to controls of the 

applicable ECCN. 

Note 2: Materials ‘‘specially designed’’ for 

both ground vehicles enumerated in USML 

Category VII and ground vehicles enumerated 

in ECCN 0A606 are subject to the controls of 

this ECCN unless identified in USML 

Category VII(g) as being subject to the 

controls of that paragraph. 

b. through .w. [RESERVED] 

y. Specific materials ‘‘specially designed’’ 

for the ‘‘production’’ or ‘‘development’’ of 

commodities enumerated in ECCN 0A606 

(except for 0A606.y), as follows: 

y.1. through y.98 [RESERVED] 

y.99. Materials that would otherwise be 

controlled elsewhere in ECCN 0C606 but that 

(i) have been determined to be subject to the 

EAR in a commodity jurisdiction 

determination issued by the U.S. Department 

of State and (ii) are not otherwise identified 

elsewhere on the CCL. 

9. In Supplement No. 1 to part 774, 

Category 0, add Export Control 

Classification Number 0D606 between 

Export Control Classification Numbers 

0D001 and 0D999 to read as follows: 

0D606 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of ground 

vehicles and related commodities 

controlled by 0A606, 0B606, or 0C606. 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry, except 

0D606.y.

NS Column 1 

RS applies to entire 

entry, except 

0D606.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 software in 0D606. 

List of Items Controlled 

Unit: N/A 

Related Controls: Software directly related to 

articles enumerated in USML Category VII 

are subject to the controls of USML 

paragraph VII(h). 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’’ ‘‘specially designed’’ for the 

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

maintenance of commodities controlled by 

ECCN 0A606 (except for ECCNs 0A606.b or 

0A606.y). 

b. to w. [RESERVED] 

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

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

operation or maintenance of commodities 

enumerated in ECCN 0A606, 0B606, or 

0C606, as follows: 

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

designed’’ for the ‘‘production,’’ 

‘‘development,’’ operation or maintenance of 

commodities enumerated in ECCNs 9A610.y, 

9B610.y, or 9C610.y. 

y.2 through y.98 [RESERVED] 

y.99. Software that would otherwise be 

controlled elsewhere by ECCN 0D606 but 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1
76096 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules 

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. 

10. In Supplement No. 1 to part 774, 

Category 0, add Export Control 

Classification Number 0E606 between 

Export Control Classification Numbers 

0E018 and 0E918 to read as follows: 

0E606 Technology ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, or overhaul, of ground vehicles 

and related commodities in 0A606, 

0B606, 0C606, or 0D606. 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart 

NS applies to entire 

entry, except 

0E606.y.

NS Column 1 

RS applies to entire 

entry, except 

0E606.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 0D606. 

List of Items Controlled 

Unit: N/A 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category VII are subject to the controls of 

USML paragraph VII(h). 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. ‘‘Technology’’ ‘‘required’’ for the 

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

installation, maintenance, repair, or 

overhaul, of commodities enumerated in 

ECCN 0A606 (except for ECCNs 0A606.b or 

0A606.y). 

b. through w. [RESERVED] 

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

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

installation, maintenance, repair, or 

overhaul, of commodities enumerated in 

ECCN 0A606.y., 0B606.y, or 0C606.y, as 

follows: 

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

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

installation, maintenance, repair or overhaul 

of commodities enumerated in ECCN 

9A610.y, 9B610.y, 9C610.y, or 9D610.y. 

y.2. through y.98 [RESERVED] 

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

be controlled elsewhere by ECCN 0E606 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: November 28, 2011. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2011–30976 Filed 12–5–11; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 1140 

[Docket No. FDA–2011–N–0467] 

RIN 0910–AG43 

Non-Face-to-Face Sale and 

Distribution of Tobacco Products and 

Advertising, Promotion, and Marketing 

of Tobacco Products; Extension of 

Comment Period 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Advance notice of proposed 

rulemaking; extension of comment 

period. 

SUMMARY: The Food and Drug 

Administration (FDA) is extending the 

comment period until January 19, 2012, 

for an advance notice of proposed 

rulemaking (ANPRM) that was 

published in the Federal Register of 

September 9, 2011 (76 FR 55835). In 

that document, FDA requested 

comments, data, research, or other 

information related to non-face-to-face 

sale and distribution of tobacco 

products; the advertising, promotion, 

and marketing of such products; and the 

advertising of tobacco products via the 

Internet, email, direct mail, telephone, 

smart phones, and other communication 

technologies that can be directed to 

specific recipients. The Agency is 

extending the comment period in 

response to a request to give interested 

parties additional time to comment. 

DATES: Submit either electronic or 

written comments by January 19, 2012. 

ADDRESSES: You may submit comments, 

identified by Docket No. FDA–2011–N– 

0467 and/or RIN number 0910–AG43, 

by any of the following methods: 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Written Submissions 

Submit written submissions in the 

following ways: 

• FAX: (301) 827–6870. 

• Mail/Hand delivery/Courier (for 

paper, disk, or CD–ROM submissions): 

Division of Dockets Management (HFA– 

305), Food and Drug Administration, 

5630 Fishers Lane, Rm. 1061, Rockville, 

MD 20852. 

Instructions: All submissions received 

must include the Agency name and 

Docket No. FDA–2011–N–0467 and 

Regulatory Information Number (RIN 

0910–AG43) for this rulemaking. All 

comments received may be posted 

without change to http:// 

www.regulations.gov, including any 

personal information provided. For 

additional information on submitting 

comments, see the ‘‘Comments’’ heading 

of the SUPPLEMENTARY INFORMATION

section of this document. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Division of Dockets 

Management, 5630 Fishers Lane, Rm. 

1061, Rockville, MD 20852. 

FOR FURTHER INFORMATION CONTACT: Beth 

Buckler, Center for Tobacco Products, 

Food and Drug Administration, 9200 

Corporate Blvd., Rockville, MD 20850– 

3229, (877) 287–1373, 

beth.buckler@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of September 

9, 2011 (76 FR 55835), FDA issued an 

ANPRM to obtain information related to 

the regulation of non-face-to-face sale 

and distribution of tobacco products 

and the advertising, promotion, and 

marketing of tobacco products. FDA 

took this action as part of its 

implementation of the Family Smoking 

Prevention and Tobacco Control Act 

(Pub. L. 111–31, 123 Stat. 1776). FDA 

requested comments, data, research, or 

other information related to non-face-toface sale and distribution of tobacco 

products; the advertising, promotion, 

and marketing of such products; and the 

advertising of tobacco products via the 

Internet, email, direct mail, telephone, 

smart phones, and other communication 

technologies that can be directed to 

specific recipients. FDA intends to use 

the information submitted in response 

to the ANPRM to inform its regulation 

of the sale and distribution of tobacco 

products through a non-face-to-face 

exchange and the advertising, 

promotion, and marketing of tobacco 

products. FDA provided a 90-day 

comment period (i.e., until December 8, 

2011) for the ANPRM. 


tkelley on DSK3SPTVN1PROD with PROPOSALS-1