[Federal Register Volume 89, Number 200 (Wednesday, October 16, 2024)]
[Rules and Regulations]
[Pages 83427-83428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23814]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 740

[Docket No. 240917-0241]
RIN 0694-AJ89


Updated License Exception Implemented Export Controls (IEC) 
Eligible Items and Destinations

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: This rule revises the version date for the License Exception 
Implemented Export Controls (IEC) table posted on the Bureau of 
Industry and Security (BIS) website and replaces the long URL address 
for the table to a shorter and simpler URL address. BIS posted an 
updated table on September 17, 2024, that updated the eligible 
countries for License Exception IEC by adding Denmark, Finland, and 
Japan to appropriate items in the table.

DATES: This rule is effective October 16, 2024. The incorporation by 
reference of certain material listed in the rule is approved by the 
Director of the Federal Register as of October 16, 2024.

FOR FURTHER INFORMATION CONTACT: Office of National Security Controls, 
phone: 202-482-0092; email: <a href="/cdn-cgi/l/email-protection#99d5f0fafcf7eafcdce1fafce9edf0f6f7d0dcdad9fbf0eab7fdf6fa"><span class="__cf_email__" data-cfemail="94d8fdf7f1fae7f1d1ecf7f1e4e0fdfbfaddd1d7d4f6fde7baf0fbf7">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Background

    On August 27, 2024, the Office of the Federal Register approved an 
Incorporation By Reference (IBR) request submitted by BIS to post a 
table entitled ``License Exception Implemented Export Controls (IEC) 
eligible items and destinations'' on BIS' website. The table includes 
items and countries eligible for License Exception IEC, see Sec.  
740.24 of the EAR.
    On September 5, 2024, BIS posted on its website updates to that 
table. The updates included changing the last modified date from 
``August 27, 2024'' to ``September 5, 2024''; changing the eligibility 
date for all the rows from ``August 27, 2024'' to ``September 6, 2024'' 
(which was the date of publication for the rule entitled ``Commerce 
Control List Additions and Revisions; Implementation of Controls on 
Advanced Technologies Consistent with Controls Implemented by 
International Partners,'' RIN 0694-AJ60 (89 FR 72926)); and correcting 
the misspelling of ``eligibility'' in the table title.
    On September 17, 2024, BIS posted on its website an update to the 
table that added Denmark, Finland to the table, and modified the 
entries for Japan on the table for appropriate item eligibility to 
match the implementation by these countries.
    Finally, this rule revises paragraph (c) of Sec.  740.24 by 
revising the last modified date to September 17, 2024, and changing the 
URL to a simpler address of www.bis.gov/IEC.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019, which 
included the Export Control Reform Act of 2018 (ECRA) (codified, as 
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for 
BIS's principal authorities and serves as the authority under which BIS 
issues this rule. In particular, and as noted elsewhere, Section 1753 
of ECRA (50 U.S.C. 4812) authorizes the regulation of exports, 
reexports, and transfers (in-country) of items subject to U.S. 
jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA (50 U.S.C. 
4813(a)(1)-(16)) authorizes, inter alia, the establishment of a list of 
controlled items; the prohibition of unauthorized exports, reexports, 
and transfers (in-country) of controlled items; the requirement of 
licenses or other authorizations for exports, reexports, and transfers 
(in-country) of controlled items; apprising the public of changes in 
policy, regulations, and procedures; and any other action necessary to 
carry out ECRA that is not otherwise prohibited by law. Pursuant to 
Section 1762(a) of ECRA (50 U.S.C. 4821(a)), these changes can be 
imposed in a final rule without prior notice and comment.

Rulemaking Requirements

    1. Executive Orders 12866, 13563, and 14094 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 and distributive impacts and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits and of reducing costs, harmonizing rules, and 
promoting flexibility. This final rule has not been designated a 
significant regulatory action under section 3(f) of Executive Order 
12866, as amended by Executive Order 14094.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be

[[Page 83428]]

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. Although this rule makes important changes to the 
EAR for items controlled for national security reasons, the overall 
decreases in burdens and costs associated with the following 
information collections due to this rule are estimated to decrease the 
number of submissions by 50, which will not require revision of the 
current approved estimated time burdens for completing related 
submissions described below.
    <bullet> 0694-0088, ``Simplified Network Application Processing 
System,'' which carries a burden- hour estimate of 29.6 minutes for a 
manual or electronic submission;
    <bullet> 0694-0137 ``License Exceptions and Exclusions,'' which 
carries a burden-hour estimate average of 1.5 hours per submission 
(Note: submissions for License Exceptions are rarely required);
    <bullet> 0694-0096 ``Five Year Records Retention Period,'' which 
carries a burden-hour estimate of less than 1 minute; and
    <bullet> 0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden-hour estimate of 3 minutes per electronic submission.
    Additional information regarding these collections of information--
including all background materials--can be found at https://www.reginfo.gov/public/do/PRAMain and using the search function to 
enter either the title of the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action 
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requirements for notice of proposed rulemaking, opportunity for public 
participation and delay in effective date.
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are 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. 
Accordingly, no regulatory flexibility analysis is required, and none 
has been prepared.

List of Subjects for 15 CFR Parts 740

    Administrative practice and procedure, Exports, Incorporation by 
reference, Reporting and recordkeeping.
    Accordingly, part 740 of the Export Administration Regulations (15 
CFR parts 730 through 774) is amended as follows:

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783.


0
2. Section 740.24 is amended by revising paragraph (c) to read as 
follows:


Sec.  740.24   Implemented Export Controls (IEC).

* * * * *
    (c) Incorporation by reference. License Exception Implemented 
Export Controls (IEC) Eligible Items and Destinations, last modified 
September 17, 2024, is incorporated by reference into this section with 
the approval of the Director of the Federal Register under 5 U.S.C. 
552(a) and 1 CFR part 51. This material is available for inspection at 
the BIS and at the National Archives and Records Administration (NARA). 
Contact BIS at: BIS Office of National Security Controls, phone: 202-
482-0092; email: <a href="/cdn-cgi/l/email-protection#90dcf9f3f5fee3f5d5e8f3f5e0e4f9fffed9d5d3d0f2f9e3bef4fff3"><span class="__cf_email__" data-cfemail="8cc0e5efe9e2ffe9c9f4efe9fcf8e5e3e2c5c9cfcceee5ffa2e8e3ef">[email protected]</span></a>; website: www.bis.gov. For 
information on the availability of this material at NARA, visit 
www.archives.gov/federal-register/cfr/ibr-locations or email 
<a href="/cdn-cgi/l/email-protection#84e2f6aaedeaf7f4e1e7f0edebeac4eae5f6e5aae3ebf2"><span class="__cf_email__" data-cfemail="87e1f5a9eee9f4f7e2e4f3eee8e9c7e9e6f5e6a9e0e8f1">[email protected]</span></a>. The material may be obtained from BIS and is 
available for inspection on the BIS website at www.bis.gov/IEC.

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-23814 Filed 10-15-24; 8:45 am]
BILLING CODE 3510-33-P


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