41078 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9T, Airspace 

Designations and Reporting Points, 

signed August 27, 2009, and effective 

September 15, 2009 is amended as 

follows: 

Paragraph 6003 Class E Airspace 

Designated as an Extension to Class C 

Surface Areas. 

* * * * * 

AWP CA, E3 Monterey, CA [Amended] 

Monterey Peninsula Airport, CA 

(Lat. 36°35′13′′ N., long. 121°50′35′′ W.) 

That airspace extending upward from the 

surface within 3 miles each side of the 113° 

bearing of the airport extending from the 5- 

mile radius of Monterey Peninsula Airport to 

15.7 miles east of the airport. This Class E 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective dates and 

times will thereafter be continuously 

published in the Airport/Facility Directory. 

Issued in Seattle, Washington, on July 1, 

2010. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2010–17249 Filed 7–14–10; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 080721866–0167–02] 

RIN 0694–AE42 

Revisions to the Commerce Control 

List To Update and Clarify Crime 

Control License Requirements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final Rule. 

SUMMARY: This rule updates and 

clarifies export and reexport license 

requirements on striking weapons, 

restraint devices, shotguns and parts, 

optical sighting devices, and electric 

shock devices. It also adds equipment 

designed for the execution of humans to 

the Commerce Control List. This rule 

makes no changes to the longstanding 

policy of denial of applications to 

export or reexport specially designed 

implements of torture. The rule 

provides additional illustrative 

examples of such items and adopts a 

definition of torture used in a U.S. 

statute that implements the United 

Nations Convention against Torture and 

Other Cruel, Inhuman or Degrading 

Treatment or Punishment. BIS is 

publishing this rule as part of an 

ongoing review of crime control license 

requirements and policy. 

DATES: This rule is effective July 15, 

2010. 

ADDRESSES: Comments on this rule may 

be submitted by e-mail directly to BIS 

at publiccomments@bis.doc.gov (refer to 

Regulatory Identification Number (RIN) 

0694–AE42 in the subject line), or on 

paper to the Regulatory Policy Division, 

Office of Exporter Services, Bureau of 

Industry and Security, Room H2705, 

U.S. Department of Commerce, 14th 

Street and Pennsylvania Avenue, NW. 

Washington, DC 20230. Refer to RIN 

0694–AE42 in all comments. 

FOR FURTHER INFORMATION CONTACT: Ron 

Rolfe, Office of Non-proliferation and 

Treaty Compliance, Bureau of Industry 

and Security, telephone: 202 482–4563; 

fax: 202 482–4145; e-mail: 

rrolfe@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Export Administration 

Regulations (EAR) (15 CFR parts 730– 

774) impose license requirements for 

certain exports from the United States 

and reexports from other countries for, 

among other reasons, ‘‘crime control.’’ 

The crime control license requirements 

are intended for the ‘‘support of U.S. 

foreign policy to promote human rights 

throughout the world’’ (15 CFR 

742.7(a)). Publication of this rule is part 

of BIS’s ongoing effort to review and, 

where appropriate, revise the crime 

control license requirements in the EAR. 

As part of that effort, BIS published a 

notice of inquiry seeking public 

comments on whether the scope of 

items and destinations that are subject 

to crime control license requirements 

should be changed (73 FR 14769, March 

19, 2008). After reviewing those 

comments, and conducting its own 

internal deliberations, BIS decided to 

proceed in stages. This final rule is the 

culmination of the first stage, which 

began with the publication of a 

proposed rule (74 FR 40117, August 11, 

2009). This first stage addresses 

relatively simple extensions, 

modifications or removals of items 

currently on the Commerce Control List 

or additions to that List of items that 

have an easily identified crime control 

or law enforcement nexus. 

BIS plans to publish a subsequent 

proposed rule that will identify 

potential expansion of certain Export 

Control Classification Numbers as 

suggested in the comments to this 

proposed rule; whether, and, if so, the 

extent to which biometric measuring 

devices, integrated data systems, 

simulators, and communications 

equipment should be added to the 

Commerce Control List; the degree to 

which software and technology related 

to commodities on the Commerce 

Control List should be listed and how 

such software and technology should be 

described; and general policy issues 

such as whether the range of 

destinations to which crime control 

license requirements apply should be 

modified. 

Summary of the Comments on the 

Proposed Rule and BIS’s Response to 

Those Comments 

BIS received comments from two 

commenters, on individual and one 

non-profit organization, on the proposed 

rule. The comments and BIS’s responses 

are summarized below. 

Comment 

One commenter welcomed the strong 

and unambiguous statement in 

§ 742.7(d) that the United States 

considers international norms regarding 

human rights and the practices of other 

countries that control exports to 

promote human right when developing 

U.S. crime control export controls. That 

commenter noted that awareness of the 

centrality of human rights in export 

control policy helps international efforts 

to reform export control policy and 

serves as an example to other countries. 

Response 

This final rule retains the proposed 

rule language in § 742.7(d). The 

centrality of human rights in connection 

with crime control license requirements 

has been noted in the EAR for many 

years. 

Comment 

One commenter welcomed the use of 

the word ‘‘including’’ in § 742.11, which 

sets license requirements and policy for 

specially designed implements of 

torture. 

Response 

Addition of the word ‘‘including’’ to 

§ 742.11 and its related Export Control 

Classification Number 0A983 is, as this 

commenter noted, intended to clarify 

the point that the operative factor in 

determining whether an item is subject 

to ECCN 0A983 and § 742.11 is whether 

that item is a specially designed 

implement of torture. The listed items 

are examples of such instruments. 

Comment 

One commenter welcomed the 

addition of the term ‘‘shock sleeves’’ to 


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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41079 

the illustrative list of items ECCN 0A983 

(Specially Designed Implements of 

Torture) but noted that shock belts are 

not included in the 0A983 illustrative 

list and that ‘‘stun cuffs’’ are included in 

the illustrative list for ECCN 0A982 

(Law Enforcement Restraint Devices). 

This commenter stated that shock belts, 

shock sleeves and stun cuffs pose the 

same concerns about potential use in 

repressing human rights and suggested 

that all three should be covered by 

ECCN 0A983 under the collective term 

‘‘body worn electronic restraint/electric 

shock devices.’’ 

Response 

In deciding whether to classify an 

item as a specially designed implement 

of torture or as a law enforcement 

restraint device, BIS considers whether 

the item has legitimate law enforcement 

uses. In some instances, law 

enforcement authorities must restrain 

violent persons and some level of force 

will be needed to do so. Many items 

have potential to be used in abusing 

human rights; however not all of those 

items are specially designed implements 

of torture. Because legitimate law 

enforcement activities sometimes 

include the need to restrain violent 

persons without resorting to lethal force, 

BIS believes that some use of electric 

shock devices in law enforcement may 

be necessary. BIS has reassessed its 

earlier thinking and concluded that stun 

cuffs, shock sleeves and shock belts are, 

in some situations, necessary to protect 

law enforcement officers and the public 

from violent persons. At the same time, 

these commodities have sufficient 

potential to be used in the abuse of 

human rights that they should be 

subject to crime control license 

requirements. Accordingly, all three of 

those commodities should be treated as 

restraint devices rather than as 

implements of torture. Accordingly, this 

final rule adds ‘‘shock belts,’’ ‘‘stun 

cuffs’’ and ‘‘shock sleeves’’ to the 

illustrative list of restraint devices 

included in ECCN 0A982 . This final 

rule does not add ‘‘shock sleeves’’ to the 

illustrative list of specially designed 

implements of torture included in ECCN 

0A983 and to the heading of § 742.11 of 

the EAR as was proposed in the 

proposed rule. This final rule does not 

add stun cuffs to ECCN 0A985 as was 

proposed in the proposed rule. BIS 

believes that the EAR will be clearer if 

all law enforcement restraint devices, 

regardless of whether they operate by 

physical or electrical means, are listed 

under a single ECCN. 

Comment 

One commenter recommended that 

BIS add Canada to the list of 

destinations requiring a license under 

ECCN 0A982, stating that the lack of a 

license requirement for Canada poses a 

diversion risk. Another comment stated 

the same concern regarding ECCN 

0A985. 

Response 

BIS did not propose any changes to 

the destinations to which a license 

would be required for items described 

in these ECCNs. In addition, BIS’s 

longstanding practice is not to require 

licenses for export or reexport to Canada 

for most items. Currently, BIS does not 

believe that Canada poses a diversion 

risk that would justify a departure from 

this longstanding practice for these 

ECCNs. 

Comment 

One commenter welcomed the use of 

the word ‘‘including’’ in ECCN 0A978. 

Response 

As noted by this commenter, that 

word makes the list illustrative. The 

operative term for classifying something 

under ECCN 0A978 will be the term 

‘‘law enforcement striking weapons.’’ 

Previously this ECCN covered only saps. 

Comment 

One commenter expressed concern 

that addition of the term ‘‘law 

enforcement’’ in ECCNs 0A978 and in 

0A982 could lead to abuse. This 

commenter offered as an example a 

situation in which a party might assert 

that a set of handcuffs were not subject 

to ECCN 0A982 because in a particular 

transaction, the handcuffs were being 

exported for a purpose other than law 

enforcement. 

Response 

The language in these two ECCNs 

describes the items that are subject to 

these ECCNs, not the end use to which 

the items are put. Some type of modifier 

to the term ‘‘restraint devices’’ in 0A982 

is needed because BIS does not intend 

to cover all types of restraint devices, 

just those used in law enforcement. 

Similarly, some type of modifier is 

needed to the term striking weapons in 

ECCN 0A978. In general, ECCNs 

describe an item without reference to 

end-use to which an item will be put. 

In a few instances ECCNs are tied to a 

specific use by express language 

referring to the use (See e.g, ECCN 

1C298, which applies to certain graphite 

‘‘that is intended for use other than in 

a nuclear reactor’’). ECCNs 0A978 and 

0A982 do not employ similar language 

to describe use or intended use. The 

phrase ‘‘law enforcement’’ is intended as 

part of the descriptions of the items that 

those two ECCNs cover. The phrase 

does not mean that a particular export 

or reexport must be for a law 

enforcement purpose or to a law 

enforcement organization in order for 

one of those ECCNs to apply. BIS 

believes that no change to the wording 

of these two ECCNs is needed to make 

this point, because absence of any 

statement of use or intended use, when 

read consistently with the general 

pattern of language used in other ECCNs 

indicates that neither ECCN 0A978 nor 

0A982 is tied to a particular end use. 

Comment 

One commenter welcomed new ECCN 

0A981, which applies to equipment 

designed for the execution of human 

beings, but recommended that the 

wording of the ECCN be made 

illustrative to be consisted with ECCN’s 

0A983 and 0A978. Two commenters 

noted the absence of the phrase ‘‘and 

parts and accessories n.e.s’’ in this 

ECCN. One commenter expressed a 

belief that such absence weakened the 

ECCN ‘‘because execution technologies 

have a defined set of parts and 

accessories and because of their obvious 

potential in repressing human rights.’’ 

The other commenter stated that parts 

and accessories should be covered by 

this ECCN because doing so would 

strengthen the ECCN by making it 

difficult to repair such equipment that 

exists outside the United States. 

Response 

BIS believes that adding the word 

‘‘parts’’ to ECCN 0A981 is not necessary 

at this time, but will consider proposing 

covering parts to this ECCN in a future 

rule. ECCN 0A981 covers equipment 

designed for the execution of human 

beings. BIS is not aware of export trade 

in parts for these commodities. Because 

the proposed rule did not propose 

adding parts to any of this ECCN, public 

comments have not been sought on this 

idea. Identifying parts that may be 

appropriate for an export license 

requirement without imposing an export 

license requirement on general parts 

that, although usable in equipment 

designed for the execution of human 

beings, have many other uses as well 

would require both research by BIS and 

public comment. Therefore, BIS will 

consider addressing the parts issue for 

these ECCNs in a future proposed rule. 

Comment 

One commenter stated that in ECCN 

0E984, the wording ‘‘buckshot shotgun 

shells.’’ is too restrictive given the 


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41080 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

increasing range of less-lethal shotgun 

shells on the market, their wide use in 

crime control and the potential for 

repressing human rights. That 

commenter urged BIS to expand ECCN 

0E984 to encompass technology for the 

development or production of all 

shotgun shells. 

Response 

In the proposed rule, BIS proposed 

replacing three different reasons for 

control (CC 1, CC 2 and CC 3) for 

technology for the development and 

production of shotguns with a single 

reason (CC 1). The reasons for control 

varied according to the barrel length of 

the shotgun. BIS proposed the change 

because most of the technology for the 

development or production of a shotgun 

would not vary based on barrel length. 

No commenters objected to this 

proposed change. The reference to 

‘‘buckshot shotgun shells’’ in ECCN 

0E984 was pre-existing language that 

BIS did not propose to change. This 

commenter suggests that BIS go further 

than the proposal and make ECCN 

0E984 applicable to technology for the 

development and production of all 

shotgun shells. BIS believes that before 

expanding the scope of this ECCN, the 

proposal should be set forth in a 

proposed rule with an opportunity for 

public comment. Accordingly, BIS is 

not adopting this commenter’s proposal 

at this time, but may propose it in a 

future rule. 

Comment 

One commenter expressed concern 

because ECCN 3A981 aggregates 

different types of equipment which 

serve different functions, namely 

analysis technologies, biometric 

technologies and penal technologies. 

This commenter recommended that BIS 

disaggregate such technologies into 

additional ECCN’s wherever possible. 

The commenter stated that such 

disaggregating would promote best 

practices and clarity, and facilitate 

reporting and analysis of licensable 

exports. 

Response 

Disaggregating commodities currently 

covered by ECCN 3A981 might provide 

the clarity that this commenter suggests. 

However, doing so might also impose 

costs on or engender confusion among 

parties accustomed to the current 

Commerce Control List structure. BIS 

believes that such a restructuring should 

not be undertaken without notice and 

an opportunity for public comment. 

Accordingly BIS may propose 

disaggregating the contents of ECCN 

3A981 in a future proposed rule. 

Summary of the Changes Made by This 

Rule 

Revisions to § 742.7—Crime control— 

This rule revises the section heading to 

read ‘‘Crime control and detection’’ to 

reflect the contents of the section. It also 

revises paragraph (a) to set forth an all 

destination license requirement for a 

new ECCN 0A981 that would apply to 

equipment designed for the execution of 

human beings. Finally, this rule revises 

paragraph (d) to state that in 

maintaining these controls, the United 

States considers international norms 

and the practices of other countries that 

control exports to promote the 

observance of human rights; however, 

the controls are not based on the 

decisions of any multilateral export 

control regime and may differ from 

controls imposed by other countries. 

This rule removes certain language from 

paragraph (d) that could have been read 

as erroneously implying that the United 

States is the only country that imposes 

export controls on crime control and 

detection items. 

Revisions to § 742.11—Specially 

designed implements of torture * * * 

—This rule revises the heading to match 

the revised language that this rule 

applies to ECCN 0A983, i.e. ‘‘Specially 

designed implements of torture, 

including thumbscrews, thumbcuffs, 

fingercuffs, spiked batons and parts and 

accessories, n.e.s.’’ This rule also revises 

paragraph (d) to state that in 

maintaining these controls, the United 

States considers international norms 

and the practices of other countries that 

control exports to promote the 

observance of human rights; however, 

the controls are not based on the 

decisions of any multilateral export 

control regime and may differ from 

controls imposed by other countries. 

This rule removes certain language from 

paragraph (d) that could have been read 

as erroneously implying that the United 

States is the only country that imposes 

export controls on specially designed 

implements of torture. This rule makes 

no changes to the policy of denial of 

applications to export items subject to 

§ 742.11 or to the prohibition (stated in 

§ 740.2(a)(10) of the EAR) on use of 

license exceptions to export 

commodities subject to § 742.11 of the 

EAR. 

Revisions to ECCN 0A978—Saps— 

The items covered by this ECCN are 

expanded from ‘‘saps’’ to ‘‘law 

enforcement striking weapons.’’ Saps, 

police batons, side handle batons, 

tonfas, sjamboks, and whips are listed as 

examples of law enforcement striking 

weapons. BIS believes that this change 

will provide consistent license 

requirements for several items that have 

substantially similar crime control 

functions. 

Creation of ECCN 0A981—Equipment 

for the Execution of Human Beings— 

This rule creates a new ECCN 0A981 

that applies to equipment designed for 

the execution of human beings. Such 

equipment will require a license to all 

destinations. BIS is adding this ECCN 

because equipment designed for the 

execution of human beings has a clear 

nexus to crime control and an obvious 

potential use in repressing human 

rights. 

Revisions to ECCN 0A982—Restraint 

Devices—Several changes are being 

made to this ECCN to (a) make clear that 

it applies to law enforcement restraint 

devices, rather than safety or medical 

equipment, (b) update the illustrative 

list of commodities to which this ECCN 

applies, and (c) cross reference other 

ECCNs that apply to similar devices. 

These changes are intended to focus the 

ECCN on items of crime control 

significance and to reduce the 

possibility of misinterpretations. The 

rule adds the phrase ‘‘Law enforcement’’ 

to the ECCN heading. This rule adds 

‘‘multipoint restraint devices including 

restraint chairs’’ to the illustrative list of 

restraint devices because use of these 

devices has increased in recent years 

and because they have potential for use 

in human rights abuse. This rule adds 

stun cuffs, shock sleeves, and shock 

belts to ECCN 0A982. The proposed rule 

would have added shock sleeves to 

ECCN 0A983 and stun cuffs to ECCN 

0A985. As pointed out in the public 

comments, the proposed rule did not 

address shock belts at all. Upon 

reflection, BIS has concluded that each 

of these three devices has a legitimate 

law enforcement use in restraining 

violent persons. Each can be 

distinguished from the specially 

designed implements of torture in ECCN 

0A983, which have no legitimate law 

enforcement uses and from the shock 

devices in ECCN 0A985, which can be 

used to apply non-lethal force to protect 

law enforcement personnel and others 

from violent persons. Placing these 

three devices in the law enforcement 

restraint device ECCN will add clarity to 

the EAR. The rule also revises the 

related controls paragraph of this ECCN 

to note two related export license 

requirements: finger cuffs are classified 

under ECCN 0A983—specially designed 

implements of torture, and electronic 

devices that monitor and report a 

person’s location to enforce restrictions 

on movement for law enforcement or 

penal reasons are controlled under 

ECCN 3A981. 


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Finally, this rule adds a note stating 

that ECCN 0A982 does not apply to 

medical devices that are equipped to 

restrain patient movement during 

medical procedures, devices that 

confine memory-impaired patients to 

appropriate medical facilities, or safety 

equipment such as safety belts or child 

automobile safety seats. 

BIS believes that this revised language 

clarifies the scope of ECCN 0A982 and 

is not a substantive change. 

Revisions to ECCN 0A983—Specially 

Designed Implements of Torture—This 

rule makes no changes to the EAR’s 

stated policies of denial of license 

applications for the export or reexport of 

specially designed implements of 

torture and prohibition of use of any 

license exception to export or reexport 

specially designed implements of 

torture. 

The heading of ECCN 0A983 is being 

revised to add the word ‘‘including’’ 

immediately following the phrase 

‘‘specially designed implements of 

torture’’ to make clear that the items 

listed are examples of specially 

designed implements of torture rather 

than an exclusive list of such 

implements. The heading is also being 

revised to add fingercuffs, and spiked 

batons to the ECCN as additional 

examples of specially designed 

implements of torture. A new note 

provides that ‘‘torture’’ in this ECCN has 

the same meaning as set forth in 18 

U.S.C. 2340(1), which is the definition 

employed by the United States criminal 

statute that implements the United 

Nations Convention against Torture and 

Other Cruel, Inhuman or Degrading 

Treatment or Punishment. BIS believes 

that these changes will more clearly 

distinguish specially designed 

implements of torture from crime 

control and detection items. 

Revisions to ECCN 0A984— 

Shotguns—This rule removes the phrase 

‘‘parts n.e.s.’’ and adds the following 

specific parts for the shotguns 

controlled by this ECCN: Barrels of 18 

inches (45.72 cm) or longer but not 

longer than 24 inches (60.96 cm), 

receivers, breech mechanisms, complete 

trigger mechanisms, and magazines or 

magazine extension tubes. The parts are 

subject to CC column 1 license 

requirements. BIS believes that the 

purposes of the control can be met by 

retaining the license requirement on the 

shotguns themselves and on the critical 

parts set forth in this rule. BIS believes 

that continuing to require licenses for 

other parts would pose a burden on 

legitimate trade in shotgun repair parts 

that is not needed to achieve the 

purpose of these controls or of the 

controls related to the Inter-American 

Convention Against the Illicit 

Manufacturing of and Trafficking in 

Firearms, Ammunition, Explosives and 

Other Related Materials. 

Revisions to ECCN 0A985—Discharge 

Type Arms—ECCN 0A985 applies to 

discharge type arms and to some 

electroshock devices that are not 

discharge type arms. To provide greater 

clarity and to include a representative 

description of devices currently 

available, this proposed rule adds the 

phrase ‘‘devices to administer electric 

shock’’ to the heading and adds shock 

shields to the illustrative list of items 

classified under this ECCN. This rule 

also adds references to the ‘‘Related 

Controls’’ paragraph informing readers 

that electronic devices that monitor and 

report a person’s location to enforce 

restrictions on movement for law 

enforcement or penal reasons are 

controlled under ECCN 3A981 and that 

law enforcement restraint devices that 

administer an electric shock are 

controlled under ECCN 0A982. 

Revisions to ECCN 0A987—Optical 

Sighting Devices for Firearms—This rule 

replaces the general description in the 

heading of ECCN 0A987 with a list of 

items controlled. With this change, the 

ECCN clearly states that it applies to 

specific sighting devices, their 

associated optical elements, and 

adjustment mechanisms. 

Revisions to ECCN 0E984— 

Technology for shotguns—This rule 

revises ECCN 0E984 to apply CC 

Column 1 as a reason for control of 

technology for the development and 

production of all shotguns and shotgun 

shells controlled by ECCN 0A984. 

Currently, ECCN 0E984 applies reasons 

for control that are parallel to the 

reasons for control in ECCN 0A984, i.e., 

CC Column 1, 2, or 3 is applied 

depending on whether the barrel length 

exceeds 24 inches and whether the enduser is a law enforcement agency. BIS is 

making the change described in this 

paragraph because it believes that the 

technology for the development and 

production of shotguns is substantially 

the same for all shotguns with barrel 

length exceeding 18 inches and does not 

vary based on the end user of the 

shotgun. 

Revisions to ECCN 3A981— 

Polygraphs and other electronic 

devices—This rule adds a cross 

reference to the restraint devices 

controlled by ECCN 0A982. This rule 

also adds a note expressly stating that 

the electronic monitoring restraint 

devices in ECCN 3A981 are devices that 

monitor or report the location of 

confined persons for law enforcement or 

penal reasons. The note excludes 

devices used to confine memory 

impaired patients to appropriate 

medical facilities. BIS views these 

changes as clarifications rather than 

substantive changes. 

Consistent with the provisions of 

section 6 of the Export Administration 

Act of 1979, as amended (EAA), a 

foreign policy report was submitted to 

Congress on July 12, 2010, notifying 

Congress of the imposition of foreign 

policy-based licensing requirements 

reflected in this 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 13, 2009 (74 FR 41325 

(August 14, 2009)), has continued the 

Export Administration Regulations in 

effect under the International 

Emergency Economic Powers Act. 

Rulemaking Requirements 

1. This rule is significant for purposes 

of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the 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 

involves a collection of information that 

has been approved by OMB under 

control number 0694–0088, which 

carries a burden hour estimate of 58 

minutes to prepare and submit form 

BIS–748. Miscellaneous and 

recordkeeping activities account for 12 

minutes per submission. BIS believes 

that the changes proposed will increase 

the number of submissions subject to 

this collection by approximately 1,200 

annually. Send comments regarding 

these burden estimates or any other 

aspect of these collections of 

information, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Room 2705, 14th Street and 

Pennsylvania Ave., NW., Washington, 

DC 20230. 

3. This rule does not contain policies 

with Federalism implications as this 

term is defined in Executive Order 

13132. 

4. The provision of the Administrative 

Procedure Act (5 U.S.C. 553) requiring 

a delay in effective date, is inapplicable 


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because this regulation involves a 

military or foreign affairs function of the 

United States (see 5 U.S.C. 553(a)(1)). 

Delay in implementation could thwart 

the United States’ commitment to 

promote the observance of human rights 

around the world. Any delay in the 

effective date of this rule could result in 

efforts to export restraint devices, 

equipment for the execution of human 

beings or technology for certain shotgun 

production to regimes or parties that 

abuse human rights or that would use 

the items to inflict torture before the 

license requirements become effective. 

In addition, immediate implementation 

of the changes that focus license 

requirements for shotgun parts and 

optical sighting devices parts impose no 

new burden on the public and will 

allow BIS to focus its licensing and 

enforcement resources on the critical 

parts, such as barrels, receivers, trigger 

mechanisms and optical elements, that 

give these items their essential 

capabilities for harm rather than 

dissipating such resources by evaluating 

license applications for and enforcing 

export controls on such relatively 

innocuous and easily fabricated items as 

springs, screws, washers and mounting 

brackets. In addition, the provisions of 

this rule that provide clarifications or 

additional cross references are not 

substantive changes. Because those 

provisions are not substantive changes, 

the provision of the 5 U.S.C. 553 

requiring a delay in effective date is 

inapplicable. BIS provided a notice of 

proposed rulemaking and an 

opportunity for public comment for this 

rule (74 FR 40117, August 11, 2009). 

Nevertheless, because such notice of 

proposed rulemaking and an 

opportunity for public comment were 

not required to be given for this rule by 

5 U.S.C. 553, or by any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.) are not applicable. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

■ Accordingly, BIS amends the Export 

Administration Regulations (15 CFR 

Parts 730–774) as follows: 

PART 742—[AMENDED] 

■ 1. The authority citation for part 742 

continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

Comp., p. 783; Presidential Determination 

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

16, 2003; Notice of August 13, 2009, 74 FR 

41325 (August 14, 2009); Notice of November 

6, 2009, 74 FR 58187 (November 10, 2009). 

■ 2. In § 742.7, revise the heading, 

redesignate existing paragraph (a)(5) as 

paragraph (a)(6), add a new paragraph 

(a)(5) and revise paragraph (d) to read as 

follows: 

§ 742.7 Crime control and detection. 

(a) * * * 

(5) Items designed for the execution of 

human beings as identified in ECCN 

0A981 require a license to all 

destinations including Canada. 

* * * * * 

(d) U.S. controls. In maintaining its 

controls on crime control and detection 

items, the United States considers 

international norms regarding human 

rights and the practices of other 

countries that control exports to 

promote the observance of human 

rights. However, these controls are not 

based on the decisions of any 

multinational export control regime and 

may differ from controls imposed by 

other countries. 

■ 3. In § 742.11, revise the heading and 

paragraph (d) to read as follows: 

§ 742.11 Specially designed implements of 

torture, including thumbscrews, 

thumbcuffs, fingercuffs, spiked batons, and 

parts and accessories, n.e.s. 

* * * * * 

(d) U.S. controls. In maintaining its 

controls on specially designed 

instruments of torture the United States 

considers international norms regarding 

human rights and the practices of other 

countries that control exports to 

promote the observance of human 

rights. However, these controls are not 

based on the decisions of any 

multinational export control regime and 

may differ from controls imposed by 

other countries. 

PART 774—[AMENDED] 

■ 4. 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 13, 2009, 74 

FR 41325 (August 14, 2009). 

■ 5. In Supplement No. 1 to part 774, 

Category 0, revise the heading of Export 

Control Classification (ECCN) 0A978 to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A978 Law enforcement striking 

weapons, including saps, police batons, side 

handle batons, tonfas, sjamboks, and whips. 

* * * * * 

■ 6. In Supplement No. 1 to part 774, 

Category 0, add a new ECCN 0A981 

immediately following ECCN 0A980 

and immediately preceding ECCN 

0A982 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A981 Equipment designed for the 

execution of human beings (See list of items 

controlled). 

License Requirements 

Reason for Control: CC. 

Control(s): CC applies to entire entry. A 

license is required for ALL destinations 

regardless of end-use. Accordingly, a column 

specific to this control does not appear on the 

Commerce Country Chart. (See § 742.7 of the 

EAR for additional information.) 

License Exceptions 

LVS: N/A. 

GBS: N/A. 

CIV: N/A. 

List of Items Controlled 

Unit: $ value. 

Related Controls: N/A. 

Related Definitions: N/A. 

Items: a. Gallows and guillotines. 

b. Electric chairs for the purpose of 

executing human beings. 

c. Air tight vaults designed for the 

execution of human beings by the 

administration of a lethal gas or substance. 

d. Automatic drug injection systems 

designed for the execution of human beings 

by administration of a lethal substance. 

■ 7. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A982, revise the 

heading, revise the ‘‘Related Controls’’ 

paragraph in the ‘‘List of Items 

Controlled’’ section and add a note at 

the end of ECCN 0A982 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A982 Law enforcement restraint 

devices, including leg irons, shackles, and 

handcuffs; straight jackets; stun cuffs; shock 

belts; shock sleeves; multipoint restraint 

devices such as restraint chairs; and parts 

and accessories, n.e.s. 

* * * * * 


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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41083 

List of Items Controlled 

Unit: $ * * * 

Related Controls: Thumbcuffs and 

fingercuffs are classified under ECCN 0A983, 

specially designed implements of torture. 

Restraint devices that electronically monitor 

or report the location of confined persons for 

law enforcement or penal reasons are 

controlled under ECCN 3A981. 

* * * * * 

Note to ECCN 0A982. This ECCN applies 

to restraint devices used in law enforcement 

activities. It does not apply to medical 

devices that are equipped to restrain patient 

movement during medical procedures. It 

does not apply to devices that confine 

memory impaired patients to appropriate 

medical facilities. It does not apply to safety 

equipment such as safety belts or child 

automobile safety seats. 

■ 8. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A983, revise the 

heading, and add a note at the end of 

ECCN 0A983 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A983 Specially designed implements of 

torture, including thumbscrews, thumbcuffs, 

fingercuffs, spiked batons, and parts and 

accessories, n.e.s. 

* * * * * 

Note to ECCN 0A983. In this ECCN, 

‘‘torture’’ has the meaning set forth in Section 

2340(1) of Title 18, United States Code. 

■ 9. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A984, revise the 

heading and the license requirements 

section of ECCN 0A984 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A984 Shotguns with barrel length 18 

inches (45.72 cm) or over; receivers; barrels 

of 18 inches (45.72 cm) or longer but not 

longer than 24 inches (60.96 cm); complete 

trigger mechanisms; magazines and magazine 

extension tubes; complete breech 

mechanisms; buckshot shotgun shells; except 

equipment used exclusively to treat or 

tranquilize animals, and except arms 

designed solely for signal, flare, or saluting 

use. 

License Requirements 

Reason for Control: CC, FC, UN. 

Control(s) Country chart 

FC applies to entire entry ................................................................................................................................. FC Column 1. 

CC applies to shotguns with a barrel length greater than or equal to 18 in. (45.72 cm), but less than 24 in. 

(60.96 cm), shotgun parts controlled by this entry, and buckshot shotgun shells controlled by this entry, 

regardless of end-user.

CC Column 1. 

CC applies to shotguns with a barrel length greater than or equal to 24 in. (60.96 cm), regardless of enduser.CC Column 2. 

CC applies to shotguns with a barrel length greater than or equal to 24 in. (60.96 cm) if for sale or resale 

to police or law enforcement.

CC Column 3. 

UN applies to entire entry ................................................................................................................................. Iraq, North Korea, and Rwanda. 

* * * * * 

■ 10. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A985, revise the 

heading and the ‘‘Related Controls’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A985 Discharge type arms and devices 

to administer electric shock, for example, 

stun guns, shock batons, shock shields, 

electric cattle prods, immobilization guns 

and projectiles; except equipment used 

exclusively to treat or tranquilize animals, 

and except arms designed solely for signal, 

flare, or saluting use; and parts, n.e.s. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: Law enforcement 

restraint devices that administer an electric 

shock are controlled under ECCN 0A982. 

Electronic devices that monitor and report a 

person’s location to enforce restrictions on 

movement for law enforcement or penal 

reasons are controlled under ECCN 3A981. 

* * * * * 

■ 11. In Supplement No. 1 to part 774, 

Category 0, ECCN 0A987, revise the 

heading and the ‘‘Items’’ paragraph of 

the ‘‘List of Items Controlled’’ section to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A987 Optical sighting devices for 

firearms (including shotguns controlled by 

0A984); and parts (See list of items 

controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: * * * 

Items: a. Telescopic sights. 

b. Holographic sights. 

c. Reflex or ‘‘red dot’’ sights. 

d. Reticle sights. 

e. Other sighting devices that contain 

optical elements. 

f. Laser pointing devices designed for use 

on firearms. 

g. Lenses, other optical elements and 

adjustment mechanisms for articles in 

paragraphs a, b, c, d or e. 

■ 12. In Supplement No. 1 to part 774, 

Category 0, ECCN 0E984, revise the 

license requirements section of ECCN 

0E984 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0E984 ‘‘Technology’’ for the 

‘‘development’’ or ‘‘production’’ of shotguns 

controlled by 0A984 and buckshot shotgun 

shells. 

License Requirements 

Reasons for Control: CC, UN 

Control(s) Country chart 

CC applies to ‘‘technology’’ for shotguns with a barrel length over 18 in. (45.72 cm), and for shotgun shells 

controlled by ECCN 0A984..

CC Column 1. 

UN applies to entire entry ................................................................................................................................. Iraq, North Korea, and Rwanda. 

* * * * * 

■ 13. In Supplement No. 1 to part 774, 

Category 3, revise the ‘‘Related Controls’’ 

paragraph of the ‘‘List of Items 

Controlled’’ section and add a note to 

the end of ECCN 3A981 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 


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41084 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

1MAGI is defined in 42 U.S.C. 1395r(i)(4). The 

threshold amount is defined in 42 U.S.C. 

1395r(i)(2). 

2MAGI ranges are established in 42 U.S.C. 

1395r(i)(3), (5). The MAGI dollar amounts listed in 

1395r(i)(3) may increase annually based on changes 

in the Consumer Price Index under 42 U.S.C. 

1395r(i)(5). 

3 20 CFR 418.1201. 

4 20 CFR 418.1215. 

3A981 Polygraphs (except biomedical 

recorders designed for use in medical 

facilities for monitoring biological and 

neurophysical responses); fingerprint 

analyzers, cameras and equipment, n.e.s.; 

automated fingerprint and identification 

retrieval systems, n.e.s.; psychological stress 

analysis equipment; electronic monitoring 

restraint devices; and specially designed 

parts and accessories, n.e.s. 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: See ECCN 0A982 for 

other types of restraint devices. 

Related Definitions: * * * 

Items: * * * 

Note to ECCN 3A981. In this ECCN, 

electronic monitoring restraint devices are 

devices used to record or report the location 

of confined persons for law enforcement or 

penal reasons. The term does not include 

devices that confine memory impaired 

patents to appropriate medical facilities. 

Dated: July 12, 2010. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2010–17338 Filed 7–14–10; 8:45 am] 

BILLING CODE 3510–33–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Part 418 

[Docket No. SSA–2009–0078] 

RIN 0960–AH06 

Amendments to Regulations 

Regarding Major Life-Changing Events 

Affecting Income-Related Monthly 

Adjustment Amounts to Medicare Part 

B Premiums 

AGENCY: Social Security Administration. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: We are modifying our 

regulations to clarify and revise what we 

consider major life-changing events for 

the Medicare Part B income-related 

monthly adjustment amount (IRMAA) 

and what evidence we require to 

support a claim of a major life-changing 

event. Recent changes in the economy 

and other unforeseen events have had a 

significant effect on many Medicare Part 

B beneficiaries. The changes we are 

making in this interim final rule will 

allow us to respond appropriately to 

circumstances brought about by the 

current economic climate and other 

unforeseen events, as described below. 

DATES:

Effective Date: This interim rule will 

be effective July 15, 2010. 

Comment Date: To ensure that your 

comments are considered, we must 

receive them no later than September 

13, 2010. 

ADDRESSES: You may submit comments 

by any one of three methods—Internet, 

fax, or mail. Do not submit the same 

comments multiple times or by more 

than one method. Regardless of which 

method you choose, please state that 

your comments refer to Docket No. 

SSA–2009–0078 so that we may 

associate your comments with the 

correct regulation. 

Caution: You should be careful to 

include in your comments only 

information that you wish to make 

publicly available. We strongly urge you 

not to include in your comments any 

personal information such as Social 

Security numbers or medical 

information. 

1. Internet: We strongly recommend 

that you submit your comments via the 

Internet. Please visit the Federal 

eRulemaking portal at http:// 

www.regulations.gov. Use the Search 

function to find docket number SSA– 

2009–0078. The system will issue a 

tracking number to confirm your 

submission. You will not be able to 

view your comment immediately 

because we must post each comment 

manually. It may take up to a week for 

your comment to be viewable. 

2. Fax: Fax comments to (410) 966– 

2830. 

3. Mail: Mail your comments to the 

Office of Regulations, Social Security 

Administration, 107 Altmeyer Building, 

6401 Security Boulevard, Baltimore, 

Maryland 21235–6401. 

Comments are available for public 

viewing on the Federal eRulemaking 

portal at http://www.regulations.gov or 

in person, during regular business 

hours, by arranging with the contact 

person identified below. 

FOR FURTHER INFORMATION CONTACT: 

Craig Streett, Office of Income Security 

Programs, Social Security 

Administration, 2–R–24 Operations 

Building, 6401 Security Boulevard, 

Baltimore, MD 21235–6401, (410) 965– 

9793. For information on eligibility or 

filing for benefits, call our national tollfree number, 1–800–772–1213 or TTY 

1–800–325–0778, or visit our Internet 

site, Social Security Online, at http:// 

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Electronic Version 

The electronic file of this document is 

available on the date of publication in 

the Federal Register at http:// 

www.gpoaccess.gov/fr/index.html. 

Background 

Medicare Part B is a voluntary 

medical insurance program that 

provides coverage for services such as 

physician’s care, diagnostic services, 

and medical supplies. A beneficiary 

enrolled in Medicare Part B pays 

monthly premiums, deductibles, and coinsurance associated with covered 

services. The Centers for Medicare & 

Medicaid Services (CMS) promulgates 

rules and regulations about the 

Medicare program, including the 

standard monthly premium. We 

determine and deduct the amount of 

certain Medicare Part B premiums from 

beneficiaries’ Social Security benefits 

and make rules and regulations 

necessary to carry out these functions. 

The Federal Government subsidizes 

the cost of Medicare Part B medical 

coverage. However, beneficiaries with 

modified adjusted gross incomes 

(MAGI) above a specified threshold 

must pay a higher percentage of their 

cost than those with MAGIs below the 

threshold.1 We refer to this subsidy 

reduction as an IRMAA. CMS 

determines and publishes the annual 

MAGI thresholds and ranges. 

The Internal Revenue Service (IRS) 

provides us with MAGI information. We 

use MAGI and Federal income tax filing 

status for the tax year 2 years before the 

effective year to determine whether a 

beneficiary must pay an IRMAA, and if 

so, how much.2 If information is not yet 

available for the tax year 2 years before 

the effective year, we will use 

information from the tax year 3 years 

before the effective year until the later 

information becomes available. 

A beneficiary who experiences a 

major life-changing event may request 

that we use a more recent tax year to 

make a new IRMAA determination. If a 

beneficiary provides evidence that the 

qualifying major life-changing event 

reduces his or her MAGI below the 

threshold amount, we will determine 

the IRMAA based on data from a more 

recent tax year.3 We define a significant 

reduction in MAGI as any change that 

results in a reduction or elimination of 

IRMAA.4 The Social Security Act 

provides that major life-changing events 

include marriage, divorce, death of 


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