Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 709 

violation predated such adjustment, 

which are assessed by the Department of 

Commerce after the effective date of the 

new civil monetary penalty level, and 

before the effective date of any future 

adjustments for inflation to civil 

monetary penalties thereto made 

subsequent to January 15, 2018 as 

provided in § 6.5. 

§ 6.5 Subsequent annual adjustments for 

inflation to civil monetary penalties. 

The Secretary of Commerce or his or 

her designee by regulation shall make 

subsequent adjustments for inflation to 

the Department of Commerce’s civil 

monetary penalties annually, which 

shall take effect not later than January 

15, notwithstanding section 553 of title 

5, United States Code. 

[FR Doc. 2017–28230 Filed 1–5–18; 8:45 am] 

BILLING CODE 3510–DP–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[170207157–7157–01] 

RIN 0694–AH31 

Revisions, Clarifications, and 

Technical Corrections to the Export 

Administration Regulations; 

Correction 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule; correcting 

amendments. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security corrects an 

error in the text of Export Control 

Classification Numbers (ECCNs) 0D606, 

0E606, and 8A609. 

DATES: This rule is effective January 8, 

2018. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Mogensen, Office of Exporter Services, 

Bureau of Industry and Security, by 

telephone: (202) 482–2440 or email: 

Ivan.Mogensen@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Overview 

On December 27, 2017, BIS published 

a final rule, Revisions, Clarifications, 

and Technical Corrections to the Export 

Administration Regulations (82 FR 

61153) (the December 27 rule), which 

made corrections to certain provisions 

of the Export Administration 

Regulations (EAR), including the 

Commerce Control List (part 774 of the 

EAR) (CCL). The corrections were 

editorial in nature and did not affect 

license requirements. In this final rule, 

BIS is amending ECCNs 0D606 and 

0E606 by reinstating original text that 

was erroneously replaced with the text 

for ECCNs 0D614 and 0E614, 

respectively, in the December 27 rule. In 

addition, this rule reinstates paragraph 

(2) of the Special Conditions for STA in 

ECCN 8A609. 

Part 774 

ECCNs 0D606 and 0E606: The 

December 27 rule amended ECCN 

subparagraphs 0D606.a and 0E606.a to 

include references to ECCNs 0B606 and 

0C606. During drafting, the License 

Requirements section and the text 

following the revised subparagraphs for 

both ECCNs was exchanged with the 

text for ECCNs 0D614 and 0E614, 

respectively. In order to follow the 

guidelines of the original preamble, this 

correction to the December 27 rule 

restores the original License 

Requirements section and the text of 

ECCNs 0D606 and 0E606 following 

subparagraph .a in both ECCNs. In 

addition, this rule replaces the incorrect 

reference to 0D606 with 0E606 in the 

Special Conditions for STA of ECCN 

0E606. 

ECCN 8A609: The December 27 rule 

amended ECCN 8A609 by revising the 

title reference in these ECCNs to match 

the current title of § 740.20(g) and in 

doing so inadvertently removed 

paragraph (2) of the Special Conditions 

for STA. This rule restores paragraph (2) 

of the Special Conditions for STA in 

ECCN 8A609. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse. However, 

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 

15, 2017, 82 FR 39005 (August 16, 2017) 

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act (50 U.S.C. 1701 et seq.). BIS 

continues to carry out the provisions of 

the Export Administration Act, as 

appropriate and to the extent permitted 

by law, pursuant to Executive Order 

13222 as amended by Executive Order 

13637. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive 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 

does not impose any regulatory burden 

on the public and is consistent with the 

goals of Executive Order 13563. This 

rule has been designated not significant 

for purposes of Executive Order 12866. 

This rule is not an Executive Order 

13771 regulatory action because this 

rule is not significant under Executive 

Order 12866. 

2. This final rule does not contain 

information collections subject to the 

requirements of the Paperwork 

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

et seq.) (PRA). Notwithstanding any 

other provision of law, no person is 

required to respond to, nor is subject to 

a penalty for failure to comply with, a 

collection of information, subject to the 

requirements of the Paperwork 

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

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

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined in Executive Order 

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 they are unnecessary. The 

revisions made by this rule are 

administrative in nature and do not 

affect the privileges and obligations of 

the public. Additionally, it is important 

that the edits and clarifications are 

added as soon as possible to prevent 

improper interpretation of the EAR. The 

Department also finds that there is good 

cause under 5 U.S.C. 553(b)(A) to waive 

the provisions of the Administrative 

Procedure Act requiring notice and 

comment because these changes are 

limited to providing guidance on 

existing interpretations of current EAR 

provisions. Because these revisions are 

not substantive changes to the EAR, the 

30-day delay in effectiveness otherwise 

required by 5 U.S.C. 553(d) is not 

applicable. No other law requires that a 

notice of proposed rulemaking and 

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 because no general notice 

of proposed rulemaking was required 


jstallworth on DSKBBY8HB2PROD with RULES
710 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 

for this rule by 5 U.S.C. 553, or by any 

other law. Accordingly, no regulatory 

flexibility analysis is required and none 

has been prepared. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

part 774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 774 continues to read as follows: 

Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 

U.S.C. 1824a; 50 U.S.C. 4305; 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 15, 2017, 82 FR 39005 

(August 16, 2017). 

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

Category 0, ECCN 0D606 is revised to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

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

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of ground 

vehicles and related commodities 

controlled by 0A606, 0B606, or 0C606 

(see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN. 

Control(s) 

Country Chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry, except 

0D606.y.

NS Column 1. 

RS applies to entire 

entry, except 

0D606.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry, except 

0D606.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

CIV: N/A. 

TSR: N/A. 

Special Conditions for STA 

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

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

used for any software in 0D606. 

List of Items Controlled 

Related Controls: (1) Software directly related 

to articles enumerated or otherwise 

described in USML Category VII are subject 

to the controls of USML paragraph VII(h). 

(2) See ECCN 0A919 for foreign made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of U.S.- 

origin ‘‘600 series’’ controlled content. 

Related Definitions: N/A. 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

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

maintenance of commodities controlled by 

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

0A606.y), 0B606, or 0C606. 

b. through x. [RESERVED] 

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

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

operation, or maintenance of commodities 

described in ECCN 0A606.y. 

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

Category 0, ECCN 0E606 is revised to 

read as follows: 

0E606 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

ground vehicles and related 

commodities in 0A606, 0B606, 0C606, or 

software in 0D606 (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN. 

Control(s) 

Country Chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry, except 

0E606.y.

NS Column 1. 

RS applies to entire 

entry, except 

0D606.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry, except 

0D606.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions 

(See Part 740 for a description of all license 

exceptions) 

CIV: N/A. 

TSR: N/A. 

Special Conditions for STA 

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

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

used for any technology in 0E606. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category VII are subject to the controls of 

USML paragraph VII(h). 

Related Definitions: N/A. 

Items: 

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

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

installation, maintenance, repair, overhaul, 

or refurbishing of commodities enumerated 

or otherwise described in ECCN 0A606 

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

0B606, or 0C606. 

b. through x. [RESERVED] 

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

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

installation, maintenance, repair, overhaul or 

refurbishing of commodities or software in 

ECCN 0A606.y or 0D606.y. 

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

Category 8, ECCN 8A609 is revised to 

read as follows: 

8A609 Surface vessels of war and related 

commodities (see List of Items 

Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN. 

Control(s) 

Country Chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry, except 

8A609.y.

NS Column 1. 

RS applies to entire 

entry, except 

8A609.y.

RS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

UN applies to entire 

entry, except 

8A609.y.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: $1500. 

GBS: N/A. 

CIV: N/A. 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for any item in 8A609.a, 

unless determined by BIS to be eligible for 

License Exception STA in accordance with 

§ 740.20(g) (License Exception STA 

eligibility requests for 9x515 and ‘‘600 

series’’ items). (2) Paragraph (c)(2) of 

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

the EAR) may not be used for any item in 

8A609. 

List of Items Controlled 

Related Controls: (1) Surface vessels of war 

and special naval equipment, and technical 

data (including software), and services 

directly related thereto, described in 22 

CFR part 121, Category VI, Surface Vessels 

of War and Special Naval Equipment, are 

subject to the jurisdiction of the 

International Traffic in Arms Regulations. 

(2) See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of U.S.- 

origin ‘‘600 series’’ controlled content. (3) 

For controls on diesel engines and electric 

motors that are ‘‘subject to the EAR’’ for 

surface vessels of war ‘‘subject to the EAR’’ 

or ‘‘subject to the ITAR,’’ see ECCN 

8A992.g. For diesel engines and electric 

motors for surface vessels of war ‘‘subject 

to the ITAR,’’ see 22 CFR part 121, 

Category VI(c) for parts, components, 

accessories, and attachments, ‘‘specially 

designed’’ for developmental vessels 

funded by the Department of Defense via 

contract or other funding authorization. (4) 

For controls on military gas turbine 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 711 

1Our budget estimates indicate that we expect to 

receive approximately 645,000 hearing requests in 

fiscal year 2018 (available at: https://www.ssa.gov/ 

budget/FY18Files/2018BO.pdf). 

engines and related items for vessels of 

war, see ECCN 9A619. 

Related Definitions: N/A. 

Items: 

a. Surface vessels of war ‘‘specially 

designed’’ for a military use and not 

enumerated or otherwise described in the 

USML. 

Note 1: 8A609.a includes: (i) Underway 

replenishment ships; (ii) surface vessel and 

submarine tender and repair ships, except 

vessels that are ‘‘specially designed’’ to 

support naval nuclear propulsion plants; (iii) 

non-submersible submarine rescue ships; (iv) 

other auxiliaries (e.g., AGDS, AGF, AGM, 

AGOR, AGOS, AH, AP, ARL, AVB, AVM, and 

AVT); (v) amphibious warfare craft, except 

those that are armed; and (vi) unarmored 

and unarmed coastal, patrol, roadstead, and 

Coast Guard and other patrol craft with 

mounts or hard points for firearms of .50 

caliber or less. 

Note 2: For purposes of paragraph .a, 

surface vessels of war includes vessels 

‘‘specially designed’’ for military use that are 

not identified in paragraph (a) of ITAR 

§ 121.15, including any demilitarized vessels, 

regardless of origin or designation, 

manufactured prior to 1950 and that have 

not been modified since 1949. For purposes 

of this note, the term modified does not 

include incorporation of safety features 

required by law, cosmetic changes (e.g., 

different paint), or the addition of ‘‘parts’’ or 

‘‘components’’ available prior to 1950. 

b. Non-magnetic diesel engines with a 

power output of 50 hp or more and either of 

the following: 

b.1. Non-magnetic content exceeding 25% 

of total weight; or 

b.2. Non-magnetic parts other than 

crankcase, block, head, pistons, covers, end 

plates, valve facings, gaskets, and fuel, 

lubrication and other supply lines. 

c. through w. [RESERVED] 

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 specified elsewhere on the USML, in 

8A609.y or 3A611.y. 

Note 1: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 8A609.x 

are controlled by ECCN 8A609.x. 

Note 2: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ specified in 

USML subcategory VI(f) are subject to the 

controls of that paragraph. ‘‘Parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ specified in ECCN 8A609.y 

are subject to the controls of that paragraph. 

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

‘‘accessories’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or for a defense article in USML 

Category VI and not elsewhere specified in 

the USML, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor: 

y.1. Public address (PA) systems; 

y.2. Filters and filter assemblies, hoses, 

lines, fittings, couplings, and brackets for 

pneumatic, hydraulic, oil and fuel systems; 

y.3. Galleys; 

y.4. Lavatories; 

y.5. Magnetic compass, magnetic azimuth 

detector; 

y.6. Medical facilities; 

y.7. Potable water tanks, filters, valves, 

hoses, lines, fittings, couplings, and brackets; 

y.8. Panel knobs, indicators, switches, 

buttons, and dials whether unfiltered or 

filtered for use with night vision imaging 

systems; 

y.9. Emergency lighting; 

y.10. Gauges and indicators; 

y.11. Audio selector panels. 

Dated: January 2, 2018. 

Karen H. Nies-Vogel, 

Director, Office of Exporter Services. 

[FR Doc. 2018–00059 Filed 1–5–18; 8:45 am] 

BILLING CODE–P 

SOCIAL SECURITY ADMINISTRATION 

20 CFR Parts 404 and 416 

[Docket No. SSA–2017–0062] 

RIN 0960–AI26 

Extension of Sunset Date for Attorney 

Advisor Program 

AGENCY: Social Security Administration. 

ACTION: Final rule. 

SUMMARY: We are extending for six 

months our rule authorizing attorney 

advisors to conduct certain prehearing 

proceedings and to issue fully favorable 

decisions. The current rule is scheduled 

to expire on February 5, 2018. In this 

final rule, we are extending the sunset 

date to August 3, 2018. We are making 

no other substantive changes. 

DATES: This final rule is effective 

January 8, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Susan Swansiger, Office of Hearings 

Operations, Social Security 

Administration, 5107 Leesburg Pike, 

Falls Church, VA 22041, (703) 605– 

8500. For information on eligibility or 

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

800–325–0778, or visit our internet site, 

Social Security Online, at http://

www.socialsecurity.gov. 

SUPPLEMENTARY INFORMATION: 

Background of the Attorney Advisor 

Program 

On August 9, 2007, we issued an 

interim final rule permitting some 

attorney advisors to conduct certain 

prehearing proceedings and issue fully 

favorable decisions when the 

documentary record warrants doing so. 

72 FR 44763. We instituted this practice 

to provide more timely service to the 

increasing number of applicants for 

Social Security disability benefits and 

Supplemental Security Income 

payments based on disability. We 

considered the public comments we 

received on the interim final rule, and 

on March 3, 2008, we issued a final rule 

without change. 73 FR 11349. Under 

this rule, some attorney advisors may 

develop claims and, in appropriate 

cases, issue fully favorable decisions 

before a hearing. 

We originally intended the attorney 

advisor program to be a temporary 

modification to our procedures. 

Therefore, we included in sections 

404.942(g) and 416.1442(g) of the 

interim final rule a provision that the 

program would end on August 10, 2009, 

unless we decided to either terminate 

the rule earlier or extend it beyond that 

date by publication of a final rule in the 

Federal Register. Since that time, we 

have periodically extended the sunset 

date (see 74 FR 33327 extending to 

August 10, 2011; 76 FR 18383 extending 

to August 9, 2013; 78 FR 45459 

extending to August 7, 2015; and 80 FR 

31990 extending to August 4, 2017). As 

we noted above, the current sunset date 

for the program is February 5, 2018. 82 

FR 34400. 

Explanation of Extension 

We published the final rule to adopt 

without change the interim final rule 

that we published on August 9, 2007. 

We stated our intent to monitor the 

program closely and to modify it if it 

did not meet our expectations. 73 FR 

11349. 

We explained in the 2008 final rule 

that the number of requests for hearings 

had increased significantly in recent 

years. From 2008 to the present, the 

number of pending hearing requests has 

continued to remain at a high level, and 

we anticipate that we will receive 

several hundred thousand hearing 

requests in fiscal year 2018.1 We are 

extending the program at this time 

while we continue to consider our 

options with respect to the program. 

To preserve the maximum degree of 

flexibility we need to manage our 

hearings-level workloads effectively, we 

have decided to extend the attorney 

advisor rule for six months until August 

3, 2018. As before, we reserve the 

authority to end the program earlier, to 


jstallworth on DSKBBY8HB2PROD with RULES