76874 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: Yes, except N/A for MT, and 

‘‘technology’’ for the ‘‘development’’ or 

‘‘production’’ of: (a) Traveling Wave Tube 

Amplifiers described in 3A001.b.8, having 

operating frequencies exceeding 19 GHz; 

(b) solar cells, coverglass-interconnect-cells 

or covered-interconnect-cells (CIC) 

‘‘assemblies,’’ solar arrays and/or solar 

panels described in 3A001.e.4; (c) 

Microwave ‘‘Monolithic Integrated 

Circuits’’ (MMIC) power amplifiers in 

3A001.b.2; and (d) discrete microwave 

transistors in 3A001.b.3. 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship or transmit ‘‘technology’’ 

according to the General Technology Note 

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

equipment specified by ECCNs 3A002.g.1 

or 3B001.a.2 to any of the destinations 

listed in Country Group A:6 (See 

Supplement No.1 to part 740 of the EAR). 

License Exception STA may not be used to 

ship or transmit ‘‘technology’’ according to 

the General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

components specified by ECCN 3A001.b.2 

or b.3 to any of the destinations listed in 

Country Group A:5 or A:6 (See Supplement 

No.1 to part 740 of the EAR). 

List of Items Controlled 

Related Controls: (1) ‘‘Technology’’ according 

to the General Technology Note for the 

‘‘development’’ or ‘‘production’’ of certain 

‘‘space-qualified’’ atomic frequency 

standards described in Category XV(e)(9), 

MMICs described in Category XV(e)(14), 

and oscillators described in Category 

XV(e)(15) of the USML are ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 130). 

See also 3E101, 3E201 and 9E515. (2) 

‘‘Technology’’ for ‘‘development’’ or 

‘‘production’’ of Microwave ‘‘Monolithic 

Integrated Circuits’’ (MMIC) power 

amplifiers in 3A001.b.2 is controlled in 

this ECCN 3E001; 5E001.d refers only to 

that additional ‘‘technology’’ ‘‘required’’ 

for telecommunications. 

* * * * * 

■ 11. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 5, 

ECCN 5E001 is amended by revising the 

Related Controls paragraph under the 

List of Items Controlled section to read 

as follows: 

5E001 ‘‘Technology’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also 5E101, 5E980 

and 5E991. (2) ‘‘Technology’’ for 

‘‘development’’ or ‘‘production’’ of 

Microwave ‘‘Monolithic Integrated 

Circuits’’ (MMIC) power amplifiers that 

meet the control criteria given at 3A001.b.2 

is controlled in 3E001; 5E001.d refers only 

to that additional ‘‘technology’’ ‘‘required’’ 

for telecommunications. 

* * * * * 

Dated: December 12, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–29686 Filed 12–22–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 141119982–4982–01] 

RIN 0694–AG40 

Clarification to Scope of Certain ‘‘600 

series’’ Export Control Classification 

Numbers (ECCNs) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This rule revises six Export 

Control Classification Numbers (ECCNs) 

to clarify that they do not control certain 

basic parts, components, accessories 

and attachments because those basic 

parts, components, accessories and 

attachments are controlled in a new 

ECCN created by a rule published on 

July 1, 2014 to be effective on December 

30, 2014. This rule also removes 

controls on certain monolithic 

microwave integrated circuit (MMIC) 

power amplifiers and discrete 

microwave transistors and related 

technology. These controls are no longer 

necessary because two other rules 

published after July 1, 2014, provide 

appropriate controls on those items. 

This rule also clarifies the application of 

‘‘specially designed’’ to controls 

published on July 1, 2014 that would 

apply to printed circuit boards, 

populated circuit card assemblies and 

multichip modules to reduce the 

possibility of confusion. Finally, this 

rule revises three of the amendatory 

instructions in the final rule published 

on July 1, to avoid negating changes to 

the Export Administration Regulations 

that became effective after that date. 

DATES: This rule is effective December 

30, 2014. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Office of Exporter Services, 

Bureau of Industry and Security, 

william.arvin@bis.doc.gov, 202–482– 

2440. 

SUPPLEMENTARY INFORMATION: 

Background 

Affirming Scope of Antiterrorism 

License Requirement in ECCN 3A611.y 

As part of the Administration’s Export 

Control Reform Initiative, BIS has added 

to the Commerce Control List several 

‘‘600 series’’ ECCNs to control items of 

a military nature that the President has 

determined no longer warrant control 

on the United State Munitions List. The 

‘‘600 series’’ ECCNs are identified by the 

numeral ‘‘6’’ as their third character. 

Many ‘‘600 series’’ ECCNs have a 

paragraph designated as paragraph .x 

that imposes license requirements on 

unspecified parts, components, 

accessories and attachments specially 

designed for a specified set of items, 

unless those parts, components, 

accessories or attachments are 

enumerated on the USML or specified 

in ECCNs listed in that .x paragraph. 

Many ‘‘600 series’’ ECCNs also have a 

paragraph designated as paragraph .y, 

which specifies items to which only the 

antiterrorism (AT) reason for control 

applies. Items covered by the .x 

paragraphs require a license for all 

destinations except Canada unless a 

license exception is available. Items 

covered by .y paragraphs require a 

license for only Cuba, Iran, North Korea, 

Sudan, Syria, the People’s Republic of 

China, Russia, and Venezuela. 

In response to a proposed rule— 

Revisions to the Export Administration 

Regulations (EAR): Control of Military 

Electronic Equipment and Related Items 

the President Determines No Longer 

Warrant Control Under the United 

States Munitions List (77 FR 70945, 

November 28, 2012)—one commenter 

expressed a belief that placing .y 

paragraphs in separate ECCNs would 

lead to inconsistent classifications; for 

example, in some ECCNs indicator 

lights appeared in the .y paragraph but 

not in other ECCNs. In response, BIS, 

inter alia, published a second proposed 

rule and solicited comments on three 

specific ideas for organizing the controls 

that had been set forth in the .y 

paragraphs (78 FR 45026, 45034, July 

25, 2013). Those ideas were: (1) Creating 

separate ECCN-specific .y paragraphs; 

(2) creating a single list of ‘‘600 series’’ 

items that would be subject only to the 

antiterrorism and China license 

requirements; and (3) establishing a 

classification request procedure 

whereby a ‘‘600 series’’ item could be 

designated as subject only to 

antiterrorism and China license 

requirements, but eliminate the .y 

listings from the regulations or remove 

all .y lists completely. 

After reviewing the comments on that 

proposal, BIS published a final rule (79 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 76875 

FR 37551, 37560, July 1, 2014) 

(hereinafter ‘‘the Military Electronics 

Final Rule’’) in which ECCN 3A611 

contained a .y paragraph that imposes a 

license requirement to the eight 

destinations noted above (Cuba, Iran, 

North Korea, Sudan, Syria, the People’s 

Republic of China, Russia, and 

Venezuela) for any of the 35 

commodities listed therein, even in 

instances where the commodities are 

specially designed for something in a 

‘‘600 series’’ ECCN other than 3A611. 

For example, a grounding strap that is 

specially designed for an ECCN 9A610 

aircraft would be classified as ECCN 

3A611.y and subject to the same license 

requirements as other .y items because 

grounding straps are specified in ECCN 

3A611.y and are not specified in any 

paragraph of ECCN 9A610. BIS 

explained this policy in its response to 

Comment 26 set forth in the preamble 

of the Military Electronics Final Rule. 

That comment reads as follows: 

One commenter stated that its connectors 

that currently are classified under USML 

Category XI(c) would transfer to 3A611.y.3. 

The commenter noted that the problem with 

the 3A611.y text is that it states that it is ‘for 

a commodity subject to control in this entry 

and not elsewhere specified in any ‘‘600 

series’’ ECCN.’ Thus, an electrical connector 

that is ‘specially designed’ for military 

aircraft equipment currently under USML 

Category VIII, would be classified under 

ECCN 9A610.x. 

BIS’ response stated: 

In this final rule, ECCN 3A611.y applies to 

parts, components, accessories and 

attachments that are ‘specially designed’ for 

a commodity subject to control in a ‘600 

series’ ECCN and not elsewhere specified in 

any ‘600 series’ ECCN, and includes in its list 

of commodities electrical connectors. Thus, if 

the connectors in fact are moved from the 

USML to the CCL and are not ‘specified in 

another ‘‘600 series’’ ECCN,’ they are 

controlled by ECCN 3A611.y. 

See 79 FR at 37560 (emphasis added.) 

Nevertheless, since the Military 

Electronics Final Rule was published, 

BIS has received questions and 

comments indicating that, based on text 

in ECCN 9A610.x, some readers are 

confused about the scope of ECCN 

3A611.y. ECCN 9A610.x reads as 

follows: ‘‘‘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 VIII 

and not elsewhere specified on the 

USML or in ECCN 9A610.y.’’ Readers 

noted that the text of paragraph .x 

explicitly excludes commodities 

specified in ECCN 9A610.y, but does 

not exclude commodities specified in 

ECCN 3A611.y. This omission led those 

readers to conclude incorrectly that, for 

example, a ground strap or electrical 

connector is controlled in ECCN 

9A610.x (and subject to broad 

geographic license requirements that 

apply to .x paragraphs in the ‘‘600 

series’’) if the item is specially designed 

for an aircraft that is controlled in ECCN 

9A610 or on the USML. BIS does not 

construe the broad expression 

‘‘‘specially designed’ for . . . and not 

elsewhere specified . . .’’ found in 

ECCN 9A610.x, as specifying the parts, 

components, accessories and 

attachments to which ECCN 9A610.x 

applies. BIS also believes that properly 

applying the ‘‘Order of Review’’ 

procedure set forth in Supplement No. 

4 to part 774 of the EAR to such 

transactions leads to the conclusion that 

commodities specified in ECCN 

3A611.y should be classified in that 

entry rather than in the broad and 

unspecific .x paragraphs. However, 

based on the questions it has received, 

BIS believes that clarification is 

desirable to reduce the possibility of 

confusion about the scope of ECCN 

3A611.y. 

Accordingly, this rule revises ECCN 

9A610 so that its .x paragraph will 

specifically exclude commodities 

specified in ECCN 3A611.y. This rule 

makes those same change to ECCNs 

0A606, 1A613, 8A609, 8A620 and 

9A619, which have .x paragraphs 

similar to those in ECCN 9A610. This 

rule also makes non-substantive changes 

to the .x paragraphs in those ECCNs to 

add clarity through parallel 

construction. 

Removing Unnecessary Text From 

ECCNs 3A611 and 3E611 

The Military Electronics Final Rule, 

which becomes effective December 30, 

2014, added ECCN 3A611 to control, 

among other things, certain monolithic 

microwave integrated circuit (MMIC) 

power amplifiers (3A611.c) and discrete 

microwave transistors (3A611.d) based 

on performance parameters that 

distinguished them from the MMIC 

power amplifiers and discrete 

microwave transistors that are 

controlled under ECCN 3A001.b.2 and 

.b.3, respectively. This rule would 

remove and reserve paragraphs .c and 

.d. because BIS published two other 

rules, discussed below, imposing 

license requirements on these devices 

under ECCN 3A001 since publication of 

the Military Electronics Final Rule. As 

a result, the devices’ inclusion in ECCN 

3A611 is unnecessary. 

The first rule, entitled ‘‘Wassenaar 

Arrangement 2013 Plenary Agreements 

Implementation: Commerce Control 

List, Definitions, and Reports; and 

Extension of Fly-by-Wire Technology 

and Software Controls’’ (79 FR 45288, 

August 4, 2014), expanded the 

frequency ranges covered by ECCN 

3A001.b.2 and .b.3 to match ECCN 

3A611.c and .d. The second rule, 

entitled ‘‘Revision to the Export 

Administration Regulations: Controls on 

Electronic Commodities; Exports and 

Reexports to Hong Kong,’’ which is 

being published simultaneously with 

this rule, imposed license requirements 

on MMIC power amplifiers and discrete 

microwave transistors specified in 

ECCN 3A001 for all destinations except 

Canada unless the amplifier or transistor 

is being exported or reexported for civil 

telecommunications use. That rule also 

reduced the availability of license 

exceptions. Those actions will allow the 

U.S. Government to examine in advance 

the exports and reexports of MMIC 

power amplifiers and discrete 

microwave transistors that pose the 

greatest risk of diversion or 

enhancement of potential adversaries’ 

military capabilities without imposing 

unnecessary licensing requirements on 

low risk transactions. With these 

changes, the inclusion of MMIC power 

amplifier and discrete microwave 

transistors in a ‘‘600 series’’ ECCN is 

unnecessary. 

In addition, this rule removes 

references to MMIC power amplifiers 

and discrete microwave transistors from 

ECCN 3E611 because, upon publication 

of this rule, MMIC power amplifiers and 

discrete microwave transistors will not 

be controlled in ECCN 3A611, and it is 

not necessary to control technology for 

their development or production in 

ECCN 3E611. Such technology will be 

controlled in ECCN 3E001 and will 

require a license to all destinations 

other than Canada. 

Clarifying Application of the Definition 

of ‘‘Specially Designed’’ to Printed 

Circuit Boards, Populated Circuit Card 

Assemblies and Multichip Modules 

ECCN 3A611, as described in the 

Military Electronics Final Rule, includes 

printed circuit boards and populated 

circuit card assemblies for which the 

layouts are specially designed for ‘‘600 

series’’ items. ECCN 3A611 also 

includes multichip modules for which 

the pattern or layout is specially 

designed for ‘‘600 series’’ items. Since 

the Military Electronics Final Rule was 

published, BIS has received questions 

regarding how to apply the specially 

designed definition to printed circuit 

boards, populated circuit card 

assemblies, and multichip modules. 

Specifically, BIS has been asked how to 

apply ECCN 3A611, which ties the 

definition of ‘‘specially designed’’ to 


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76876 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

one characteristic of printed circuit 

boards and populated circuit card 

assemblies (i.e., the layout) and two 

characteristics of multichip modules 

(i.e., the pattern or layout), given that 

the definition of ‘‘specially designed’’ 

appears to require evaluation of a part, 

component, accessory or attachment as 

a whole. In specifying ‘‘layout’’ and 

‘‘pattern,’’ BIS intended that only those 

characteristics of a printed circuit board, 

populated circuit card assembly or 

multichip module need be evaluated to 

determine whether those items are 

specially designed for purpose of 

applying the specially designed 

definition. The questions BIS has 

received since the publication of the 

Military Electronics Final Rule indicate 

that clarification of this point is needed 

to prevent confusion. Therefore, this 

rule adds a note to ECCN 3A611 

explicitly stating that, when evaluating 

printed circuit boards and populated 

circuit card assemblies, the layout of the 

board or assembly is the only 

characteristic that need be evaluated for 

purposes of specially designed. 

Similarly, when evaluating multichip 

modules, the pattern and layout of the 

module are the only characteristics that 

need be evaluated under the specially 

designed definition. 

Revisions To Prevent Negation of EAR 

Amendments That Became Effective 

After July 1, 2014 

This rule revises three amendatory 

instructions that appeared in the 

Military Electronics Final Rule. Without 

these revised instructions, on its 

effective date of December 30, the 

Military Electronics Final Rule would 

negate EAR provisions that became 

effective after that rule’s July 1, 2014 

publication. 

First, this rule revises the amendatory 

instruction for Related Controls 

paragraph of ECCN 3A001. That 

instruction, made in the Military 

Electronics Final Rule at 79 FR 37569, 

must be revised to avoid negating the 

additions to that paragraph made 

effective on November 10, 2014 by the 

rule ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Control of Spacecraft Systems and 

Related Items the President Determines 

No Longer Warrant Control Under the 

United States Munitions List (USML)’’ 

(79 FR 27418, 27438, May 13, 2014). 

Specifically, this rule adds references in 

the Related Controls paragraph of ECCN 

3A001 to: Category XV of the USML for 

certain space qualified electronics; 

Category XI for certain application 

specific integrated circuits that are 

subject to the ITAR; and ECCNs 3A101, 

3A201, 3A611, 3A991 and 9A515. 

Secondly, this rule revises the 

amendatory instruction for the License 

Requirements section of ECCN 4A003 

that appeared in the Military Electronics 

Final Rule at 79 FR 37573 to avoid 

negating changes to that section that the 

rule ‘‘Wassenaar Arrangement 2013 

Plenary Agreements Implementation: 

Commerce Control List, Definitions, and 

Reports; and Extension of Fly-by-Wire 

Technology and Software Controls’’ (79 

FR 45288, August 4, 2014) made 

effective on August 30, 2104. 

Specifically, this rule replaces the term 

‘‘3.0 Weighted TeraFLOPS’’ with the 

term ‘‘8.0 Weighted TeraFLOPs,’’ 

replaces the term ‘‘Note 1’’ with the 

term ‘‘Note’’ and removes Note 2. 

Lastly, this rule revises the 

amendatory instruction for the Related 

Controls paragraph of ECCN 5A001 that 

appeared in the Military Electronics 

Final Rule at 79 FR 37573 to conform 

to the changes made effective on 

November 10, 2014 to that paragraph by 

the rule ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Control of Spacecraft Systems and 

Related Items the President Determines 

No Longer Warrant Control Under the 

United States Munitions List (USML)’’ 

(79 FR 27438, May 13, 2014). 

Specifically, this rule removes text 

concerning telecommunication 

equipment used in satellites from 

Related Control Note 1. 

Export Administration Act 

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 amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 7, 

2014, 79 FR 46959 (August 11, 2014), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act, as appropriate and 

to the extent permitted by law, pursuant 

to Executive Order 13222 as amended 

by Executive Order 13637. 

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). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. Executive Orders 13563 and 

12866 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

determined not to be significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information, subject 

to the requirements of the Paperwork 

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

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

information displays a currently valid 

OMB control number. This regulation 

relates to a collection approved by OMB 

under control number 0694–0088 

Simplified Network Application 

Processing System (SNAP) and the 

Multipurpose Export License 

Application, which carries a current 

annual burden estimate of 31,833 hours. 

BIS believes that this rule will not 

materially change the burden imposed 

by this collection. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Department of Commerce finds 

that there is good cause under 5 U.S.C. 

553(b)(B) to waive the provisions of the 

Administrative Procedure Act otherwise 

requiring prior notice and the 

opportunity for public comment 

because it is unnecessary and contrary 

to the public interest. This rule adds 

text to six ECCNs alerting readers to a 

change related to those ECCNs that will 

be implemented in a final rule 

published on July 1, 2014 that will 

become effective on December 30, 2014. 

The change itself was included in a final 

rule for which two proposed rules 

solicited public comment. This rule also 

removes text from two ECCNs created 

by that same final rule because, in 

accordance with two recently published 

rules, the items covered by those ECCNs 

will be controlled elsewhere in the EAR. 

Retaining the paragraphs would result 

in inconsistent license requirements. 

This rule also adds a note to one ECCN 

clarifying how the specially designed 

definition applies to printed circuit 

boards, populated circuit card 

assemblies, and multichip modules 


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Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 76877 

license requirements. This change is 

being made in response to questions 

from the public seeking clarifications. 

By making these changes, BIS is 

decreasing the likelihood of continued 

public confusion on the issue. Finally, 

this rule revises three amendatory 

instructions in a rule that was published 

on July 1, 2014 and that will become 

effective on December 30, to avoid 

negating provisions of the EAR that 

became effective after July 1, 2014. 

These three revised instructions merely 

preserve existing regulatory text without 

making substantive changes to the July 

1, 2014 rule. 

The Department of Commerce finds 

that there is good cause under 5 U.S.C. 

553(d)(3) to waive the 30-day delay in 

effectiveness because the changes made 

by this would promote clarity in the 

regulations. The changes made by this 

rule would remove obsolete text, 

incorporate language to clarify certain 

provisions, and to implement 

housekeeping changes to prevent 

negating provisions of the EAR that 

became effective after July 1, 2014. 

Because neither the Administrative 

Procedure Act nor any other law 

requires that notice of proposed 

rulemaking and an opportunity for 

public comment be given for this rule, 

the analytical requirements of the 

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

et seq.) are not applicable. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for part 774 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

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

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

Comp., p. 783; Notice of August 7, 2014, 79 

FR 46959 (August 11, 2014). 

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

Category 0, ECCN 0A606, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by revising 

paragraph x. to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A606 Ground vehicles and related 

commodities, as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: * * * 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 0A606 (except 

for 0A606.b or 0A606.y) or a defense article 

enumerated or otherwise described in USML 

Category VII and not elsewhere specified on 

the USML, in 0A606.y or 3A611.y. 

* * * * * 

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

Category 1, ECCN 1A613, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by revising 

paragraph x. to read as follows: 

1A613 Armored and protective 

‘‘equipment’’ and related commodities, 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: * * * 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 1A613 (except 

for 1A613.y) or a defense article enumerated 

or otherwise described in USML Category X, 

and not elsewhere specified on the USML or 

in 3A611.y. 

* * * * * 

■ 4. In supplement No. 1 to part 774, 

revise the Related Controls in the ‘‘List 

of Items Controlled’’ section of ECCN 

3A001 to read as follows: 

3A001 Electronic components and 

‘‘specially designed’’ ‘‘components’’ 

therefor, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See Category XV of the 

USML for certain ‘‘space-qualified’’ 

electronics and Category XI of the USML 

for certain ASICs ‘‘subject to the ITAR’’ 

(see 22 CFR parts 120 through 130). (2) See 

also 3A101, 3A201, 3A611, 3A991, and 

9A515. 

* * * * * 

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

Category 3, ECCN 3A611 is amended by: 

■ a. Removing and reserving paragraphs 

c. and d. from the ‘‘Items’’ paragraph in 

the ‘‘List of Items Controlled’’ section. 

■ b. Adding at the end of the entry a 

note. 

The addition to read as follows: 

3A611 Military electronics, as follows (see 

List of Items Controlled). 

* * * * * 

Note to ECCN 3A611: When applying the 

‘‘specially designed’’ definition to determine 

whether a printed circuit board, populated 

circuit card assembly or multichip module is 

controlled by paragraph .g, .h, .y.15 or .y.16 

of this entry, the layout of the board or 

assembly and the pattern and layout of the 

module are the only characteristics that need 

be evaluated under the ‘‘specially designed’’ 

definition. 

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

Category 3, ECCN 3E611, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by removing 

paragraphs b.3. and b.4. 

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

amend ECCN 4A003 by revising the 

‘‘License Requirements’’ section to read 

as follows: 

4A003 ‘‘Digital computers’’, ‘‘electronic 

assemblies’’, and related equipment 

therefor, as follows (see List of Items 

Controlled) and ‘‘specially designed’’ 

‘‘components’’ therefor. 

License Requirements 

Reason for Control: NS, MT, CC, AT 

Control(s) 

Country chart (See 

Supp. No. 1 to part 

738) 

NS applies to 

4A003.b and .c.

NS Column 1 

NS applies to 

4A003.e and .g.

NS Column 2 

MT applies to 

4A003.e when the 

parameters in 

3A101.a.2.b are 

met or exceeded.

MT Column 1 

CC applies to ‘‘digital 

computers’’ for 

computerized finger-print equipment.

CC Column 1 

AT applies to entire 

entry (refer to 

4A994 for controls 

on ‘‘digital computers’’ with a APP 

>0.0128 but ≤8.0 

WT).

AT Column 1 

Note: For all destinations, except those 

countries in Country Group E:1 of 

Supplement No. 1 to part 740 of the EAR, no 

license is required (NLR) for computers with 

an ‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

not exceeding 8.0 Weighted TeraFLOPS (WT) 

and for ‘‘electronic assemblies’’ described in 

4A003.c that are not capable of exceeding an 

‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

exceeding 8.0 Weighted TeraFLOPS (WT) in 

aggregation, except certain transfers as set 

forth in § 746.3 (Iraq). 

* * * * * 

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

amend ECCN 5A001 by revising the 

‘‘Related Controls’’ paragraph of the 

‘‘List of Items Controlled’’ section, to 

read as follows: 

5A001 Telecommunications systems, 

‘‘equipment,’’ ‘‘components’’ and 


tkelley on DSK3SPTVN1PROD with RULES
76878 Federal Register / Vol. 79, No. 246 / Tuesday, December 23, 2014 / Rules and Regulations 

1We originally adopted the Filer Manual on April 

1, 1993, with an effective date of April 26, 1993. 

Release No. 33–6986 (April 1, 1993) [58 FR 18638]. 

We implemented the most recent update to the Filer 

Manual on October 20, 2014. See Release No. 33– 

9668 (October 29, 2014) [79 FR 64311]. 

2See Rule 301 of Regulation S–T (17 CFR 

232.301). 

‘‘accessories,’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: 1. See USML Category XI 

for controls on direction-finding 

‘‘equipment’’ including types of 

‘‘equipment’’ in ECCN 5A001.e and any 

other military or intelligence electronic 

‘‘equipment’’ that is ‘‘subject to the ITAR.’’ 

2. See USML Category XI(a)(4)(iii) for 

controls on electronic attack and jamming 

‘‘equipment’’ defined in 5A001.f and .h 

that are subject to the ITAR. 3. See also 

ECCNs 5A101, 5A980, and 5A991. 

* * * * * 

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

Category 8, ECCN 8A609, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by revising 

paragraph x. to read as follows: 

8A609 Surface vessels of war and related 

commodities (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: * * * 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 8A609 (except 

for 8A609.y) or a defense article enumerated 

or otherwise described in USML Category VI 

and not elsewhere specified on the USML, in 

8A609.y or 3A611.y. 

* * * * * 

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

Category 8, ECCN 8A620, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by revising 

paragraph x. to read as follows: 

8A620 Submersible vessels, oceanographic 

and associated commodities (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: * * * 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 8A620 (except 

for 8A620.b or 8A620.y) and not elsewhere 

specified on the USML, in 8A620.y or 

3A611.y. 

* * * * * 

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

Category 9, ECCN 9A610, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by revising 

paragraph x. to read as follows: 

9A610 Military aircraft and related 

commodities, other than those 

enumerated in 9A991.a (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: * * * 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 9A610 (except 

for 9A610.y) or a defense article enumerated 

or otherwise described in USML Category 

VIII and not elsewhere specified on the 

USML, in 9A610.y or 3A611.y. 

* * * * * 

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

Category 9, ECCN 9A619, ‘‘List of Items 

Controlled Section,’’ the ‘‘Items’’ 

paragraph is amended by revising 

paragraph x. to read as follows: 

9A619 Military gas turbine engines and 

related commodities (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: * * * 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 9A619 (except 

for ECCN 9A619.c or 9A619.y) or a defense 

article enumerated or otherwise described in 

USML Category XIX and not elsewhere 

specified on the USML, in 9A619.y or 

3A611.y. 

* * * * * 

Dated: December 12, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–29674 Filed 12–22–14; 8:45 am] 

BILLING CODE P 

SECURITIES AND EXCHANGE 

COMMISSION 

17 CFR Part 232 

[Release Nos. 33–9692; 34–73868; 39–2499; 

IC–31383] 

Adoption of Updated EDGAR Filer 

Manual 

AGENCY: Securities and Exchange 

Commission. 

ACTION: Final rule. 

SUMMARY: The Securities and Exchange 

Commission (the Commission) is 

adopting revisions to the Electronic Data 

Gathering, Analysis, and Retrieval 

System (EDGAR) Filer Manual and 

related rules to reflect updates to the 

EDGAR system. The updates are being 

made primarily to make available a new 

exhibit type EX–1.01 and disallow 

Exhibit type EX–1.02 on EDGARLink 

Online for submission form types SD 

and SD/A, to implement the ‘‘Calendar 

Year Ending’’ value validation rule for 

form type 13H–A, to require Transfer 

Agents with file numbers in the range 

085–15000 to 085–19999 to select 

‘‘Comptroller of the Currency’’ as the 

registrant’s appropriate regulatory 

agency on Form TA–2 and its 

amendment, and to update the EDGAR 

Portal to include a new option, ‘‘Do you 

need more information?’’ that links to 

the ‘Guidance for Filers and FAQs’ 

section on the SEC’s Public Web site 

(www.sec.gov). The EDGAR system is 

scheduled to be upgraded to support 

this functionality on December 15, 2014. 

DATES: Effective December 23, 2014 The 

incorporation by reference of the 

EDGAR Filer Manual is approved by the 

Director of the Federal Register as of 

December 23, 2014. 

FOR FURTHER INFORMATION CONTACT: In 

the Division of Corporation Finance, for 

questions concerning the revisions for 

Form SD or SD/A, contact Heather 

Mackintosh at (202) 551–3600; in the 

Division of Trading and Markets, for 

questions concerning the revisions for 

Form 13H–A and TA–2, contact Kathy 

Bateman at (202) 551–4345, and in the 

Office of Information Technology, 

contact Tammy Borkowski at (202) 551– 

7208. 

SUPPLEMENTARY INFORMATION: We are 

adopting an updated EDGAR Filer 

Manual, Volume I and Volume II. The 

Filer Manual describes the technical 

formatting requirements for the 

preparation and submission of 

electronic filings through the EDGAR 

system.1 It also describes the 

requirements for filing using 

EDGARLink Online and the Online 

Forms/XML Web site. 

The revisions to the Filer Manual 

reflect changes within Volume I entitled 

EDGAR Filer Manual, Volume I: 

‘‘General Information,’’ Version 19 

(December 2014), and Volume II entitled 

EDGAR Filer Manual, Volume II: 

‘‘EDGAR Filing,’’ Version 29 (December 

2014). The updated manual will be 

incorporated by reference into the Code 

of Federal Regulations. 

The Filer Manual contains all the 

technical specifications for filers to 

submit filings using the EDGAR system. 

Filers must comply with the applicable 

provisions of the Filer Manual in order 

to assure the timely acceptance and 

processing of filings made in electronic 

format.2 Filers may consult the Filer 

Manual in conjunction with our rules 


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