46590 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 

List of Subjects in 10 CFR 431 

Administrative practice and 

procedure, Confidential business 

information, Energy conservation, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, Small 

businesses. 

Signing Authority 

This document of the Department of 

Energy was signed on August 13, 2021, 

by Kelly Speakes-Backman, Principal 

Deputy Assistant Secretary and Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy, pursuant to 

delegated authority from the Secretary 

of Energy. That document with the 

original signature and date is 

maintained by DOE. For administrative 

purposes only, and in compliance with 

requirements of the Office of the Federal 

Register, the undersigned DOE Federal 

Register Liaison Officer has been 

authorized to sign and submit the 

document in electronic format for 

publication, as an official document of 

the Department of Energy. This 

administrative process in no way alters 

the legal effect of this document upon 

publication in the Federal Register. 

Signed in Washington, DC, on August 13, 

2021. 

Treena V. Garrett, 

Federal Register Liaison Officer, U.S. 

Department of Energy. 

For the reasons set forth in the preamble, 

DOE amends part 431 of chapter II, 

subchapter D, of title 10 of the Code of 

Federal Regulations, as set forth below: 

PART 431—ENERGY EFFICIENCY 

PROGRAM FOR CERTAIN 

COMMERCIAL AND INDUSTRIAL 

EQUIPMENT 

■ 1. The authority citation for part 431 

continues to read as follows: 

Authority: 42 U.S.C. 6291–6317; 28 U.S.C. 

2461 note. 

■ 2. Add subpart J to read as follows: 

Subpart J—Fans and Blowers 

Sec. 

431.171 Purpose and scope. 

431.172 Definition. 

431.173–431.176 [Reserved]. 

Subpart J—Fans and Blowers 

§ 431.171 Purpose and scope. 

This subpart contains provisions 

regarding fans and blowers, pursuant to 

Part C of Title III of the Energy Policy 

and Conservation Act, as amended, 42 

U.S.C. 6311–6317. This subpart does not 

cover ‘‘ceiling fans’’ as that term is 

defined and addressed in part 430 this 

chapter, nor does it cover ‘‘furnace fans’’ 

as that term is defined and addressed in 

part 430 of this chapter. 

§ 431.172 Definition. 

Fan or blower means a rotary bladed 

machine used to convert electrical or 

mechanical power to air power, with an 

energy output limited to 25 kilojoule 

(kJ)/kilogram (kg) of air. It consists of an 

impeller, a shaft and bearings and/or 

driver to support the impeller, as well 

as a structure or housing. A fan or 

blower may include a transmission, 

driver, and/or motor controller. 

§§ 431.173–431.176 [Reserved]. 

[FR Doc. 2021–17715 Filed 8–18–21; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, 743, 748, 758, 

and 774 

[Docket No. 210810–0160] 

RIN 0694–AF47 

Control of Firearms, Guns, 

Ammunition and Related Articles the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule; technical corrections. 

SUMMARY: On January 23, 2020, the 

Department of Commerce published a 

final rule in conjunction with a 

Department of State final rule to revise 

Categories I (firearms, close assault 

weapons and combat shotguns), II (guns 

and armaments), and III (ammunition/ 

ordnance) of the United States 

Munitions List (USML) and transfer 

items that no longer warrant control on 

the USML in the International Traffic in 

Arms Regulations (ITAR) to the 

Commerce Control List (CCL). This final 

rule makes corrections and clarifications 

to the January 23 rule. The changes 

made in this final rule are intended to 

make the requirements easier to 

understand, interpreted consistently, 

and in accordance with the intent of the 

Commerce January 23 rule. 

DATES: This rule is effective September 

20, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Steven Clagett, Office of 

Nonproliferation Controls and Treaty 

Compliance, Nuclear and Missile 

Technology Controls Division, tel. (202) 

482–1641 or email steven.clagett@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On January 23, 2020, the Department 

of Commerce published the final rule, 

Control of Firearms, Guns, Ammunition 

and Related Articles the President 

Determines No Longer Warrant Control 

Under the United States Munitions List 

(USML) (85 FR 4136) (referred to 

henceforth as the ‘‘Commerce January 

23 rule’’) in conjunction with a 

Department of State final rule to revise 

Categories I, II, and III of the USML in 

the ITAR (85 FR 3819) (referred to 

henceforth as the ‘‘State January 23 

rule’’). The Department of Commerce in 

issuing the January 23 rule described 

how articles the President determined 

no longer warrant control under USML 

Category I—Firearms, Close Assault 

Weapons and Combat Shotguns; 

Category II—Guns and Armament; and 

Category III—Ammunition/Ordnance 

were to be controlled on the CCL of the 

Export Administration Regulations 

(EAR). The Commerce January 23 rule 

was published in conjunction with the 

State January 23 rule, issued by the 

Department of State, Directorate of 

Defense Trade Controls (DDTC), 

completing the initial review of the 

USML that began in 2011 and making 

conforming changes to the EAR to 

control these items on the Commerce 

Control List (CCL). 

This final rule makes certain 

corrections and clarifications for the 

changes made in the Commerce January 

23 rule. These changes are made to 

improve understanding of the 0x5zz 

Export Control Classification Numbers 

(ECCNs) for items that transitioned from 

USML Categories I and III to the CCL 

and to the associated control structure 

added to the EAR. These changes are 

informed by BIS’s experience of 

licensing, classifying, and enforcing the 

export control requirements specific to 

these items. These changes are also 

informed by BIS’s experience of 

conducting outreach and answering 

questions from the public on the 

changes made to the EAR in the 

Commerce January 23 rule. The changes 

made in this final rule are intended to 

make the requirements easier to 

understand, provide for consistent 

interpretation, and ensure the 

requirements are in accordance with the 

intent of the Commerce January 23 rule. 

Corrections and Clarifications 

In § 740.9(b) (Exports of items 

temporarily in the United States), this 

final rule removes the last sentence of 

the introductory text of paragraph (b)(1) 

and adds that same sentence as 

introductory text to paragraph (b). This 


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sentence applies to all of paragraph (b), 

and so needed to be placed in the 

introductory text of paragraph (b) 

instead of paragraph (b)(1) to clarify the 

scope of its application. 

In § 742.17 (Exports of firearms to 

OAS member countries), this final rule 

revises the cross reference to 

§ 748.12(d)(4) by updating that to 

reference paragraph (d)(3) instead of 

(d)(4). Paragraph (d)(4) does not exist 

and paragraph (d)(3) is what is intended 

in the described cross reference to 

§ 748.12. 

In § 743.4 (Conventional arms 

reporting), this final rule removes the 

penultimate sentence of paragraph (a). 

This final rule removes this sentence to 

conform with the clarification made to 

§ 758.1(g)(4)(ii) that this requirement 

only applies when a filer is following 

the alternative submission method for 

conventional arms reporting. 

In § 743.4, this final rule revises the 

second sentence of paragraph (h) to 

remove the phrase ‘six character ECCN 

classification (i.e., 0A501.a or 0A501.b)’ 

and adds in its place the phrase ‘items 

paragraph classification (i.e., .a, or .b) 

for ECCN 0A501.’ This change is made 

to conform with the change made to 

§ 758.1(g)(4)(ii) to reduce the number of 

characters to be included in the 

Commodity description block to 

identify ECCN 0A501.a or .b firearms 

under the alternative submission 

method under paragraph (h). 

In § 748.12 (Firearms import 

certificate or import permit), this final 

rule revises paragraph (b)(1) by 

removing the reference to supplement 

no. 6 to part 748. Previously, the second 

parenthetical phrase in paragraph (b)(1) 

caused confusion for some exporters by 

incorrectly referencing supplement no. 

6, which is reserved. To avoid this 

confusion, this final rule clarifies 

§ 748.12(b)(1) by removing the 

parenthetical phrase that refers to 

supplement no. 6 to part 748. As an 

additional conforming change, in 

supplement no. 6 to part 748, this final 

rule revises the supplement to remove 

the heading and bracketed text to avoid 

confusion for some exporters. This 

change is made to supplement no. 6 to 

part 748 because the heading and 

bracketed text is unnecessary for a 

reserved supplement. However, because 

part 748 includes supplement nos. 7 to 

9, this final rule continues to reserve 

supplement no. 6, as a placeholder for 

future use. 

In § 748.12(d) (Procedures for using 

document with license application), this 

final rule revises paragraph (d)(3) to add 

a new Note 2. New Note 2 clarifies that 

license applications for exports and 

reexports to an Organization of 

American States (OAS) member country 

must include the initial Inter-American 

Convention Against the Illicit 

Manufacturing of and Trafficking in 

Firearms, Ammunition, Explosives, and 

other Related Materials (Firearms 

Convention) (FC) Import Certificate. 

This note also clarifies that all BIS 

licenses for ECCNs 0A501 and 0A505 

commodities will include a standard 

rider that requires that the applicant/ 

exporter have a current FC Import 

Certificate on file prior to export. The 

note clarifies that while FC Import 

Certificates are usually valid for 1 year, 

BIS licenses are valid for 4 years. This 

clarification addresses a common 

question that BIS has received regarding 

the validity period of FC Import 

Certificates as compared to the validity 

period of BIS licenses. This note 

clarifies that it is the responsibility of 

the exporter to have a current copy of 

the FC import certificate prior to making 

an export under the authorization of the 

license. 

Also in § 748.12(e) (Requirement to 

obtain an import certificate or permit for 

other than OAS member states), this 

final rule adds a new Note 3 to 

paragraph (e)(3). New Note 3 clarifies 

the requirements for BIS license 

applications for ECCNs 0A501 and 

0A505 commodities when the license 

application is not for exports to an OAS 

country. Note 3 clarifies that license 

applicants for exports and reexports to 

countries requiring that a governmentissued certificate or permit be obtained 

prior to importing the commodity must 

have the initial government-issued 

certificate or permit prior to any export 

under BIS license. Note 3, similar to 

Note 2, notes the usual, shorter validity 

periods of government-issued certificate 

or permit compared to the four year 

validity period of BIS licenses and 

clarifies that the applicant/exporter 

must have a current government-issued 

certificate or permit on file prior to 

export under the license. The rider 

included on these licenses also 

addresses the scenario where if 

subsequently a foreign government 

decides a government issued certificate 

or permit is required, the existing 

license would already take that into 

account and require the exporter or 

reexporter to obtain the governmentissued certificate or permit prior to 

making the export or reexport. Lastly, as 

a conforming change, this final rule 

redesignates Note 2 to paragraph (e) as 

Note 4 to paragraph (e). 

In § 758.1 (The electronic export 

information (EEI) filing to the automated 

export system (AES)), this final rule 

revises paragraph (g)(4)(ii) (Identifying 

end item firearms by ‘‘items’’ level 

classification or other control descriptor 

in the EEI filing in AES), to make two 

clarifications. The first change clarifies 

that the requirement in paragraph 

(g)(4)(ii) is only applicable when an 

exporter will use the alternative 

submission method under § 743.4(h) for 

conventional arms reporting. BIS is 

making this change in response to 

questions from the public asking for 

clarification because they prefer using 

the standard method under § 743.4(h) 

or, as a result of how their software 

systems are set up for filing EEI in AES, 

that meeting the requirement under 

paragraph (g)(4)(ii) is not possible. This 

clarification will make it clear that 

when relying on the standard method, 

this additional EEI filing requirement in 

AES is not applicable. The second 

clarification that BIS makes is to shorten 

the text required in the commodity 

description block in the EEI filing in 

AES. Instead of requiring the six 

character ECCN classification (i.e., 

0A501.a or 0A501.b), or, for shotguns 

controlled under 0A502, the phrase 

‘0A502 barrel length less than 18 

inches,’ filers will now be required, 

when relying on the alternative 

submission method, to insert ‘.a’ or ‘.b’ 

for 0A501, or ‘SB’ instead of ‘0A502 

barrel length less than 18 inches’’ in the 

commodity description block in the EEI 

filing in AES. This change is possible 

because the ECCN is already included in 

another block in the EEI filing in AES. 

BIS can therefore shorten the required 

text, which will assist filers by 

eliminating problems related to the 

limited number of characters allowed in 

the commodity description block, while 

continuing to allow BIS to identify the 

items as firearms and shotguns in the 

AES data. 

In ECCN 0A018, this final rule 

removes the ECCN. No items are 

currently in this ECCN 0A018, so this 

change is limited to removing the 

heading and the cross reference to 

0A505 for ‘‘parts’’ and ‘‘components’’ 

for ammunition that, immediately prior 

to March 9, 2020, were classified under 

0A018.b. Because the January 23 rule 

has been effective for over one year, this 

cross reference is no longer needed. 

In ECCN 0A501, this final rule makes 

thirteen changes to the control text for 

clarity. These changes include adding 

additional notes and technical notes, as 

well as other clarifications to the text to 

make the control parameters easier to 

understand and, therefore, interpreted 

consistently. These corrections and 

clarifications to 0A501 are described as 

follows: 

This final rule adds a new Technical 

Note to 0A501.a. This technical note 

clarifies that the non-automatic and 


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semi-automatic firearms described in 

0A501 includes those chambered for the 

Browning Machine Gun (BMG) 

cartridge. 

This final rule revises 0A501.c to add 

the term ‘striker’ after the term 

‘hammers’ in two places to indicate that 

the term is synonymous for purposes of 

this control parameter. 

This final rule adds a new Technical 

Note to 0A501.c to clarify that barrel 

blanks that have reached a stage in 

manufacturing in which they are either 

chambered or rifled are controlled by 

0A501.c. 

This final rule revises 0A501.d to 

remove the phrase ‘greater than 16 

rounds’ and add in its place the phrase 

‘17 to 50 rounds’ for clarity. 

This final rule revises Note 2 to 

0A501.d to add a cross reference to the 

USML to specify that magazines with a 

capacity greater than 50 rounds are 

controlled under USML Category I. 

This final rule adds a new Note 3 to 

0A501.e. This note clarifies that the 

term ‘frames (receivers)’ as used under 

0A501.e refers to any ‘‘part’’ or 

‘‘component’’ of the firearm that has or 

normally has a serial number when 

required by law. This new note also 

clarifies that the scope of 0A501.e for 

frames (receivers) is synonymous with a 

‘‘part’’ or ‘‘component’’ that ATF 

regulates as a ‘‘firearm.’’ 

This final rule revises ECCN 

0A501.y.1 by adding a parenthetical 

phrase after the term stocks to clarify 

that stocks include adjustable, 

collapsible, blades and braces. This final 

rule also adds the terms ‘handguards’ 

and ‘forends’ to ECCN 0A501.y.1 to 

clarify that stocks also include the 

handguard and the forend. Both of these 

amendments to ECCN 0A501.y.1 are 

clarifications, not additions to the 

parameters of the items controlled 

under the entry. As a conforming 

change to the addition of striker to 

ECCN 0A501.c, this final rule adds the 

term ‘striker’ after the term ‘hammers’ in 

the parenthetical phrase for the 

exclusions from 0A501.y.1. 

This final rule removes and reserves 

ECCN 0A501.y.2 to .y.5. This change is 

made because the vast majority of items 

that would otherwise meet the control 

parameters under 0A501.y.2 to y.5 were 

subject to the EAR prior to March 9, 

2020 (the effective date of the 

Commerce January 23 rule) and are 

designated as EAR99 on the basis of 

paragraph (b)(1) of ‘‘specially designed.’’ 

Based on BIS official classifications 

since January 23, 2020, no additional 

commodities have been identified that 

would warrant keeping these 

commodities in 0A501.y. Therefore, the 

items that are controlled under ECCN 

0A501.y.2 to y.5 are those commodities 

that meet the control parameters and 

were moved to the EAR on March 9, 

2020. However, the items identified as 

being classified under 0A501.y.2 to y.5 

since January 23, 2020 have not 

substantively differed from the other 

items that were previously subject to the 

EAR and designated as EAR99. In 

addition, trying to keep track of which 

commodities are designated EAR99 and 

which are controlled in 0A501.y.2 to y.5 

has created unneeded burdens on 

industry and the U.S. Government, so it 

is warranted to remove these .y 

paragraphs and treat these commodities 

all as EAR99. 

This final rule adds a Technical note 

2 to 0A501 to specify that for purposes 

of 0A501.e, receivers incorporating any 

other controlled ‘‘part’’ or ‘‘component,’’ 

such as a barrel under 0A501.c, remain 

controlled under 0A501.e. BIS has 

received questions from the public on 

the applicability of 0A501.e when a 

receiver incorporates a ‘‘part’’ or 

‘‘component’’ from one of the items 

captured under other 0A501 paragraphs. 

This new Technical Note 2 to 0A501 

will make the relationship between the 

different items under 0A501 clear. 

This final rule revises Note 3 to 

0A501 to redesignate the note as Note 4 

to 0A501 and to add the word ‘and’ 

between the terms ‘muzzle loading’ and 

‘black powder.’ This clarification is 

made because some muzzle loaders use 

black powder and some muzzle loaders 

use smokeless powder, and both are 

subject to the guidance in the Note. 

The final rule in Note 4 to 0A501 

redesignates the note as Note 5 to 0A501 

and replaces the phrase ‘later than’ with 

the word ‘post’ for clarity. In addition, 

this final rule adds the word ‘and’ 

between the terms ‘muzzle loading’ and 

‘black powder’ because, as noted above, 

some muzzle loaders use black powder 

and some muzzle loaders use smokeless 

powder, and both are subject to the 

guidance in the Note. 

This final rule adds a new Note 6 to 

0A501, as a conforming change to the 

removal of ECCN 0A501.y.2 to .y.5, to 

specify these ‘‘parts’’ and ‘‘components’’ 

previously controlled under 0A501.y.2 

to y.5 are designated as EAR99. This 

note also eliminates the confusion 

regarding whether these ‘‘parts’’ or 

‘‘components’’ are ‘‘specially designed’’ 

for purposes of 0A501.x. 

This final rule adds a Note 7 to 0A501 

to clarify how kits of commodities that 

contain ‘‘parts’’ and ‘‘components’’ with 

different classifications under 0A501 

should be classified. This note clarifies 

that the kit should be classified based 

on the classification of the most 

restrictive ‘‘part’’ or ‘‘component’’ 

included in the kit. This guidance is 

based on existing BIS classification 

practice, but adding the new Note 7 to 

0A501 will make this clear and 

hopefully reduce the number of 

questions that BIS receives specific to 

this issue. Note 7 to 0A501 also clarifies 

that a complete firearm disassembled in 

kit form is controlled as a firearm. 

In ECCN 0A505, this final rule makes 

nine changes to the control text for 

clarity. These changes include adding 

additional notes, technical notes, or 

otherwise clarifying or adding text, e.g., 

adding a new related definition, to make 

the control parameters easier to 

understand and interpreted 

consistently. These corrections and 

clarifications to 0A505 are as follows: 

This final rule adds an ECCN-specific 

definition of ‘marking rounds’ in the 

Definitions paragraph in the List of 

Items Controlled section of ECCN 

0A505. This definition clarifies that 

‘marking rounds’ are non-lethal. The 

definition also clarifies what ‘marking 

rounds’ are typically used for and the 

types of materials used in ‘marking 

rounds.’ 

This final rule revises ECCN 0A505.b 

to add the phrase ‘any material’ to the 

end of the parenthetical phrase that 

provides technical parameters for the 

types of buckshot controlled. The 

inclusion of the phrase ‘any material’ 

will clarify that 0A505.b controls plastic 

and rubber as well as metal buckshot 

that meet the control criteria, including 

the rubber/plastic (less lethal) buckshot 

rounds used by law enforcement. Also 

in 0A505.b, this final rule adds shotgun 

shells that contain only, or are for the 

dispersion of, chemical irritants to 

paragraph .b to clarify that such shells 

are controlled with buckshot shotgun 

shells under paragraph .b. This final 

rule removes shotgun shells containing 

only chemical irritants from ECCN 

1A984 (as described further below) and 

adds them to 0A505.b where they will 

be controlled for crime control (CC 

Column 1), and United Nations (UN) 

reasons for control. Because of the 

controls required on shotgun shells 

containing only chemical irritants, it is 

more appropriate to control them under 

0A505.b, where they will have the same 

level of control as they did under 

1A984, than under 0A505.c. 

This final rule removes Note 1 to 

ECCN 0A505.c. Note 1 is no longer 

needed because the shotguns shells 

previously controlled under 1A984 are 

being moved by this final rule to 

0A505.b, eliminating the need for a 

cross reference to 1A984 in 0A505.c. As 

0A505.c is controlled for UN and AT 

reasons only, it was not appropriate to 

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0A505.c, because the level of control for 

1A984 items is higher than the level of 

control for 0A505.c items. Therefore, 

this rule moves the shotguns shells from 

1A984 to 0A505.b where they will 

continue to be controlled at the same 

level. 

This final rule revises ECCN 0A505.d 

to add a reference to 0A502 to clarify 

that the blank ammunition controlled 

under 0A505.d includes blank 

ammunition for items controlled under 

0A502, provided the ammunition is also 

not enumerated in USML Category III. 

This final rule also revises ECCN 

0A505.d to add a technical note to 

clarify that ‘marking rounds’ that have 

paint or dye as the projectile are 

controlled under 0A505.d. As noted 

above, this rule also added a Related 

Definition for ‘marking rounds;’ the new 

definition and this new technical note 

to 0A505.d will enhance understanding 

of the controls under 0A505 for 

‘marking rounds.’ 

This final rule revises ECCN 0A505.x 

to remove the reference to paragraph .d. 

The reference is redundant to the phrase 

‘or the CCL,’ which includes 0A505.d. 

This final rule redesignates Note 2 to 

0A505.x, Note 3 to 0A505.x, and Note 

4 0A505 as Note 1 to 0A505.x, Note 2 

to 0A505.x and Note 3 to 0A505, 

respectively, as conforming changes to 

the removal of Note 1 to 0A505.c. 

This final rule revises newly 

redesignated Note 1 to 0A505.x (prior to 

this rule designated as Note 2 to 

0A505.x), to include, at the end of the 

note, the term ‘frangible projectiles’ after 

the phrase ‘copper projectiles.’ This 

change will clarify that the ‘‘parts’’ and 

‘‘components’’ under 0A505.x include 

‘frangible projectiles.’ Frangible 

projectiles are not made from a lead 

projectile covered with a copper jacket, 

but rather are produced with composite 

materials of tungsten, copper, or tin 

utilizing an injection molding or 

powder metallurgical production 

process. 

This final rule revises newly 

redesignated Note 3 to 0A505 (prior to 

this rule designated as Note 4 to 0A505), 

by removing the word ‘lead’ from the 

term ‘lead shot’ and adding in its place 

the word ‘metal.’ This clarification to 

the control parameter addresses the fact 

that steel and bismuth shot are also used 

for hunting loads, so the control 

parameter should not be limited to lead 

as the only material. The use of the term 

‘metal shot’ instead of ‘lead shot’ will 

clarify that other types of shot are also 

within the control parameter, as was 

intended by the Commerce January 23 

rule. This final rule also revises the 

newly redesignated Note 3 to 0A505 to 

remove the term ‘blank’ and adds in its 

place the correct term ‘drill.’ 

This final rule adds a new Note 4 to 

ECCN 0A505 to clarify the items 

paragraph under which shotgun shells 

that contain two or more balls/shot 

larger than .24-inch are controlled. This 

note clarifies that such shotgun shells 

are controlled under 0A505.b. 

In ECCN 0B501, this final rule 

clarifies the control text of ECCN 

0B501.d by deleting the word ‘spill’ in 

the phrase ‘spill boring.’ This final rule 

also adds the term ‘reaming’ before the 

term ‘machines.’ These changes do not 

change the intended scope of control. 

These changes are made for clarity and 

for consistency with BIS issued 

classifications for these types of 

machines. 

In ECCN 0E505, this final rule makes 

a correction to the text in the RS Control 

paragraph in the License Requirements 

section. The phrase ‘entire entry except’ 

was inadvertently included in the RS 

Control paragraph in the Commerce 

January 23 rule, which created 

confusion regarding the intended scope 

of the RS license requirement. This final 

rule removes the unintended phrase 

‘entire entry except’ from the RS license 

requirement to clarify the scope of the 

RS license requirement under ECCN 

0E505. 

In ECCN 1A984, this final rule revises 

the heading of 1A984 to remove the 

phrase ‘unless the shotgun shells 

contain only chemical irritant’ in the 

parenthetical phrase that follows the 

phrase ‘and other pyrotechnic articles.’ 

This final rule moves shotgun shells 

that contain only chemical irritants to 

ECCN 0A505.b, as described above 

under the description of changes of 

0A505.b. 

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. Sections 4801–4852). ECRA 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. 

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 final 

rule has been determined to be 

significant for purposes of Executive 

Order 12866. 

2. Notwithstanding any other 

provision of law, no person may be 

required to respond to or 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 final regulation involves one 

collection currently approved by OMB 

under this collection and control 

number: The U.S. Census Bureau 

collection for the Automated Export 

System (AES) Program (control number 

0607–0152). This final rule will also 

affect the information collection under 

control number 0607–0152, for filing 

EEI in AES because of one change this 

final rule makes to part 758 of the EAR. 

This rule revises § 758.1(g)(4)(ii) to 

shorten the information that is required 

to be included when relying on the 

alternative method for identifying end 

item firearms by ‘‘items’’ level 

classification or other control descriptor 

in the EEI filing in AES to make it easier 

to fit this identifying information in the 

Commodity description block in the EEI 

filing in AES. This change is not 

anticipated to result in a change in the 

burden under this collection. 

Any comments regarding these 

collections of information, including 

suggestions for reducing the burden, 

may be submitted online at https://

www.reginfo.gov/public/do/PRAMain. 

Find the particular information 

collection by using the search function 

and entering 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 the 

Export Control Reform Act of 2018 (50 

U.S.C. 4801–4852), this action is exempt 

from the Administrative Procedure Act 

(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 


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46594 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 

not applicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects 

15 CFR Parts 740, 748, and 758 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 740, 742, 743, 748, 758, 

and 774 of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—LICENSE EXCEPTIONS 

■ 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. 

■ 2. Section 740.9 is amended by: 

■ a. Adding introductory text to 

paragraph (b); and 

■ b. Removing the last sentence of 

paragraph (b)(1) introductory text. 

The addition reads as follows: 

§ 740.9 Temporary imports, exports, 

reexports, and transfers (in-country) (TMP). 

* * * * * 

(b) Exports of items temporarily in the 

United States. No provision of this 

paragraph (b), other than paragraph 

(b)(3), (4), or (5), may be used to export 

firearms controlled by ECCN 0A501.a, 

.b, or shotguns with a barrel length less 

than 18 inches controlled in ECCN 

0A502. 

* * * * * 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

■ 3. The authority citation for part 742 

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. 

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, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; Notice of 

November 12, 2020, 85 FR 72897 (November 

13, 2020). 

■ 4. Section 742.17 is amended by 

revising paragraph (g) to read as follows: 

§ 742.17 Exports of firearms to OAS 

member countries. 

* * * * * 

(g) Validity period for licenses. 

Although licenses generally will be 

valid for a period of four years, your 

ability to ship items that require an FC 

Import Certificate or equivalent official 

document under this section may be 

affected by the validity of the FC Import 

Certificate or equivalent official 

document (see § 748.12(d)(3) of the 

EAR). 

PART 743—SPECIAL REPORTING AND 

NOTIFICATION 

■ 5. The authority citation for part 743 

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.; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 

Comp., p. 223; 78 FR 16129. 

■ 6. Section 743.4 is amended by 

removing the penultimate sentence of 

paragraph (a) introductory text and 

revising paragraph (h). 

The revision reads as follows: 

§ 743.4 Conventional arms reporting. 

* * * * * 

(h) Alternative submission method. 

This paragraph (h) describes an 

alternative submission method for 

meeting the conventional arms reporting 

requirements of this section. The 

alternative submission method requires 

the exporter, when filing the required 

EEI submission in AES, pursuant to 

§ 758.1(b)(9) of the EAR, to include the 

items paragraph classification (i.e., .a, or 

.b) for ECCN 0A501 as the first text to 

appear in the Commodity description 

block. If the exporter properly includes 

this information in the EEI filing in 

AES, the Department of Commerce will 

be able to obtain that export information 

directly from AES to meet the U.S. 

Government’s commitments to the 

Wassenaar Arrangement and United 

Nations for conventional arms reporting. 

An exporter that complies with the 

requirements in § 758.1(g)(4)(ii) of the 

EAR does not have to submit separate 

annual and semi-annual reports to the 

Department of Commerce pursuant to 

this section. 

* * * * * 

PART 748—APPLICATIONS 

(CLASSIFICATION, ADVISORY, AND 

LICENSE) AND DOCUMENTATION 

■ 7. The authority citation for part 748 

is revised 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.; 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 6, 2021, 86 

FR 43901 (August 10, 2021). 

■ 8. Section 748.12 is amended by: 

■ a. Revising paragraphs (b)(1) and 

(d)(3); 

■ b. Redesignating Note 2 to paragraph 

(e)(3) as Note 4 to paragraph (e)(3); and 

■ c. Adding Note 3 to paragraph (e)(3). 

The revisions and addition read as 

follows. 

§ 748.12 Firearms import certificate or 

import permit. 

* * * * * 

(b) * * * 

(1) Applicants must request that the 

importer (e.g., ultimate consignee or 

purchaser) obtain the FC Import 

Certificate or an equivalent official 

document from the government of the 

importing country, and that it be issued 

covering the quantities and types of 

firearms and related items that the 

applicant intends to export. Upon 

receipt of the FC Import Certificate, its 

official equivalent, or a copy, the 

importer must provide the original or a 

certified copy of the FC Import 

Certificate or the original or a certified 

copy of the equivalent official document 

to the license applicant. 

* * * * * 

(d) * * * 

(3) Validity period. FC Import 

Certificates or equivalent official 

documents issued by an OAS member 

country will be valid until the 

expiration date on the Certificate or for 

a period of four years, whichever is 

shorter. 

Note 2 to paragraph (d)(3): Applicants for 

license applications for exports and reexports 

to an OAS member country must submit the 

initial FC Import Certificate with the license 

application. All BIS licenses for ECCNs 

0A501 and 0A505 commodities will include 

a standard rider that requires that the 

applicant/exporter must have a current FC 

Import Certificate on file prior to export. Note 

that while FC Import Certificates are usually 

valid for 1 year, BIS licenses are valid for 4 

years. The text of the standard rider will 

generally be as follows: ‘‘A current, complete, 

accurate and valid Firearms Convention (FC) 

Import Certificate (or equivalent official 

document) shall be obtained, if required by 

the government of the importing country, 

from the Ultimate Consignee and maintained 

in the exporter’s file prior to any export of 

the item(s) listed on this license. A copy shall 


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be provided to the U.S. Government upon 

request. (Refer to section 742.17(b) of the 

EAR for guidance.)’’ 

(e) * * * 

Note 3 to paragraph (e): Applicants for 

license applications for exports and reexports 

to countries requiring that a governmentissued certificate or permit be obtained prior 

to importing the commodity must have the 

initial government-issued certificate or 

permit prior to any export. All BIS licenses 

for ECCNs 0A501 and 0A505 commodities 

will include a standard rider that requires 

that the applicant/exporter have a 

government-issued certificate or permit on 

file prior to export. Note that while 

government-issued certificates or permits are 

usually valid for 1 year, BIS licenses are valid 

for 4 years. The text of the standard rider will 

generally be as follows: ‘‘A current, complete, 

accurate and valid Firearms Convention (FC) 

Import Certificate (or equivalent official 

document) shall be obtained, if required by 

the government of the importing country, 

from the Ultimate Consignee and maintained 

in the Exporter’s file prior to any export of 

the item(s) listed on this license. A copy shall 

be provided to the U.S. Government upon 

request. (Refer to § 742.17(b) of the EAR for 

guidance.)’’ 

* * * * * 

Supplement No. 6 to Part 748 [Removed 

and Reserved] 

■ 9. Supplement No. 6 to part 748 is 

removed and reserved. 

PART 758—EXPORT CLEARANCE 

REQUIREMENTS 

■ 10. The authority citation for part 758 

is revised 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.; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783. 

■ 11. Section 758.1 is amended by 

revising paragraph (g)(4)(ii) to read as 

follows: 

§ 758.1 The Electronic Export Information 

(EEI) filing to the Automated Export System 

(AES). 

* * * * * 

(g) * * * 

(4) * * * 

(ii) Identifying end item firearms by 

‘‘items’’ level classification or other 

control descriptor in the EEI filing in 

AES. For any export of items controlled 

under ECCNs 0A501.a or .b, or shotguns 

with a barrel length less than 18 inches 

controlled under ECCN 0A502, in 

addition to any other required data for 

the associated EEI filing when an 

exporter will use the alternative 

submission method under § 743.4(h) for 

conventional arms reporting, you must 

include the items paragraph 

classification (i.e., .a, or .b) for ECCN 

0A501, or for shotguns controlled under 

0A502 the letters ‘‘SB’’ for short barrel 

length less than 18 inches as the first 

text to appear in the Commodity 

description block in the EEI filing in 

AES. (See § 743.4(h) of the EAR for the 

use of this information for conventional 

arms reporting). 

* * * * * 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 12. The authority citation for part 774 

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.; 10 U.S.C. 

8720; 10 U.S.C. 8730(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. 1824; 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. 

Supplement No. 1 to Part 774 

[Amended] 

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

Category 0, remove Export Control 

Classification Number (ECCN) 0A018. 

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

Category 0, revise Export Control 

Classification Number (ECCN) 0A501 to 

read as follows: 

0A501 Firearms (except 0A502 shotguns) 

and related commodities as follows (see 

List of Items controlled). 

License Requirements 

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

Control(s) 

Country chart 

(see supp. No. 1 to 

part 738) 

NS applies to entire 

entry except 

0A501.y.

NS Column 1 

RS applies to entire 

entry except 

0A501.y.

RS Column 1 

FC applies to entire 

entry except 

0A501.y.

FC Column 1 

UN applies to entire 

entry.

See § 746.1 of the 

EAR for UN controls 

AT applies to entire 

entry.

AT Column 1 

License Requirement Note: In addition to 

using the Commerce Country Chart to 

determine license requirements, a license 

is required for exports and reexports of 

ECCN 0A501.y.7 firearms to the People’s 

Republic of China. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $500 for 0A501.c, .d, and .x. 

$500 for 0A501.c, .d, .e, and .x if the ultimate 

destination is Canada. 

GBS: 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 item in this entry. 

List of Items Controlled 

Related Controls: (1) Firearms that are fully 

automatic, and magazines with a capacity 

of greater than 50 rounds, are ‘‘subject to 

the ITAR.’’ (2) See ECCN 0A502 for 

shotguns and their ‘‘parts’’ and 

‘‘components’’ that are subject to the EAR. 

Also see ECCN 0A502 for shot-pistols. (3) 

See ECCN 0A504 and USML Category XII 

for controls on optical sighting devices. 

Related Definitions: N/A 

Items: 

a. Non-automatic and semi-automatic 

firearms equal to .50 caliber (12.7 mm) or 

less. 

Note 1 to paragraph 0A501.a: 

‘Combination pistols’ are controlled under 

ECCN 0A501.a. A ‘combination pistol’ (a.k.a., 

a combination gun) has at least one rifled 

barrel and at least one smoothbore barrel 

(generally a shotgun style barrel). 

Technical Note to 0A501.a: Firearms 

described in 0A501.a includes those 

chambered for the .50 BMG cartridge. 

b. Non-automatic and non-semi-automatic 

rifles, carbines, revolvers or pistols with a 

caliber greater than .50 inches (12.7 mm) but 

less than or equal to .72 inches (18.0 mm). 

c. The following types of ‘‘parts’’ and 

‘‘components’’ if ‘‘specially designed’’ for a 

commodity controlled by paragraph .a or .b 

of this entry, or USML Category I (unless 

listed in USML Category I(g) or (h)): Barrels, 

cylinders, barrel extensions, mounting blocks 

(trunnions), bolts, bolt carriers, operating 

rods, gas pistons, trigger housings, triggers, 

hammers/striker, sears, disconnectors, pistol 

grips that contain fire control ‘‘parts’’ or 

‘‘components’’ (e.g., triggers, hammers/ 

striker, sears, disconnectors) and buttstocks 

that contain fire control ‘‘parts’’ or 

‘‘components.’’ 

Technical Note to 0A501.c: Barrel blanks 

that have reached a stage in manufacturing in 

which they are either chambered or rifled are 

controlled by 0A501.c. 

d. Detachable magazines with a capacity of 

17 to 50 rounds ‘‘specially designed’’ for a 

commodity controlled by paragraph .a or .b 

of this entry. 

Note 2 to paragraph 0A501.d: Magazines 

with a capacity of 16 rounds or less are 

controlled under 0A501.x; for magazines 

with a capacity greater than 50 rounds, see 

USML Category I. 

e. Receivers (frames) and ‘‘complete breech 

mechanisms,’’ including castings, forgings, 

stampings, or machined items thereof, 

‘‘specially designed’’ for a commodity 

controlled by paragraph .a or .b of this entry. 

Note 3 to 0A501.e: Frames (receivers) 

under 0A501.e refers to any ‘‘part’’ or 

‘‘component’’ of the firearm that has or is 

customarily marked with a serial number 

when required by law. This paragraph 

0A501.e is synonymous with a ‘‘part’’ or 

‘‘component’’ that is regulated by the Bureau 

of Alcohol, Tobacco, Firearms and 


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Explosives (see 27 CFR parts 447, 478, and 

479,) as a firearm. 

f. through w. [Reserved] 

x. ‘‘Parts’’ and ‘‘components’’ that are 

‘‘specially designed’’ for a commodity 

classified under paragraphs .a through .c of 

this entry or the USML and not elsewhere 

specified on the USML or CCL. 

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

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

designed’’ for a commodity subject to control 

in this ECCN or common to a defense article 

in USML Category I and not elsewhere 

specified in the USML or CCL as follows, and 

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

‘‘attachments’’ ‘‘specially designed’’ therefor. 

y.1. Stocks (including adjustable, 

collapsible, blades and braces), grips, 

handguards, or forends, that do not contain 

any fire control ‘‘parts’’ or ‘‘components’’ 

(e.g., triggers, hammers/striker, sears, 

disconnectors); 

y.2 to y.5. [RESERVED] 

y.6. Bayonets; and 

y.7. Firearms manufactured from 1890 to 

1898 and reproductions thereof. 

Technical Note 1 to 0A501: The controls 

on ‘‘parts’’ and ‘‘components’’ in ECCN 

0A501 include those ‘‘parts’’ and 

‘‘components’’ that are common to firearms 

described in ECCN 0A501 and to those 

firearms ‘‘subject to the ITAR.’’ 

Technical Note 2 to 0A501: A receiver with 

any other controlled ‘‘part’’ or ‘‘component’’ 

(e.g., a barrel (0A501.c), or trigger guard 

(0A501.x), or stock (0A501.y.1)) is still 

controlled under 0A501.e. 

Note 4 to 0A501: Antique firearms (i.e., 

those manufactured before 1890) and 

reproductions thereof, muzzle loading and 

black powder firearms except those designs 

based on centerfire weapons of a post 1937 

design, BB guns, pellet rifles, paint ball, and 

all other air rifles are EAR99 commodities. 

Note 5 to 0A501: Muzzle loading and black 

powder firearms with a caliber less than 20 

mm that were manufactured post 1937 that 

are used for hunting or sporting purposes 

that were not ‘‘specially designed’’ for 

military use and are not ‘‘subject to the 

ITAR’’ nor controlled as shotguns under 

ECCN 0A502 are EAR99 commodities. 

Note 6 to 0A501: Scope mounts or 

accessory rails, iron sights, sling swivels, and 

butt plates or recoil pads are designated as 

EAR99. These commodities have been 

determined to no longer warrant being 

‘‘specially designed’’ for purposes of ECCN 

0A501. 

Note 7 to 0A501: A kit, including a 

replacement or repair kit, of firearms ‘‘parts’’ 

or ‘‘components’’ customarily sold and 

exported together takes on the classification 

of the most restrictive ‘‘part’’ or ‘‘component’’ 

that is included in the kit. For example, a kit 

containing 0A501.y and .x ‘‘parts,’’ is 

controlled as a 0A501.x kit because the .x 

‘‘part’’ is the most restrictive ‘‘part’’ included 

in the kit. A complete firearm disassembled 

in a kit form is controlled as a firearm under 

0A501.a, .b, or .y.7. 

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

Category 0, revise Export Control 

Classification Number (ECCN) 0A505 to 

read as follows: 

0A505 Ammunition as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, RS, CC, FC, UN, AT 

Control(s) 

Country chart 

(see supp. No. 1 to 

part 738) 

NS applies to 

0A505.a and .x.

NS Column 1 

RS applies to 

0A505.a and .x.

RS Column 1 

CC applies to 

0A505.b.

CC Column 1 

FC applies to entire 

entry except 

0A505.d.

FC Column 1 

UN applies to entire 

entry.

See § 746.1 of the 

EAR for UN controls 

AT applies to 

0A505.a, .d, and .x.

AT Column 1 

AT applies to 0A505.c A license is required 

for items controlled 

by paragraph .c of 

this entry to North 

Korea for anti-terrorism reasons. 

The Commerce 

Country Chart is 

not designed to determine AT licensing requirements 

for this entry. See 

§ 742.19 of the 

EAR for additional 

information. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $500 for items in 0A505.x, except 

$3,000 for items in 0A505.x that, 

immediately prior to March 9, 2020, were 

classified under 0A018.b. (i.e., ‘‘Specially 

designed’’ components and parts for 

ammunition, except cartridge cases, 

powder bags, bullets, jackets, cores, shells, 

projectiles, boosters, fuses and 

components, primers, and other detonating 

devices and ammunition belting and 

linking machines (all of which are ‘‘subject 

to the ITAR’’). (See 22 CFR parts 120 

through 130)) 

GBS: 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 item in 0A505. 

List of Items Controlled 

Related Controls: (1) Ammunition for modern 

heavy weapons such as howitzers, artillery, 

cannon, mortars and recoilless rifles as 

well as inherently military ammunition 

types such as ammunition preassembled 

into links or belts, caseless ammunition, 

tracer ammunition, ammunition with a 

depleted uranium projectile or a projectile 

with a hardened tip or core and 

ammunition with an explosive projectile 

are ‘‘subject to the ITAR.’’ (2) Percussion 

caps, and lead balls and bullets, for use 

with muzzle-loading firearms are EAR99 

items. 

Related Definitions: ‘Marking rounds’ are 

non-lethal, typically used for training 

purposes, and contain a dye or paint in a 

capsule that is not a chemical irritant. 

Items: 

a. Ammunition for firearms controlled by 

ECCN 0A501 or USML Category I and not 

enumerated in paragraph .b, .c, or .d of this 

entry or in USML Category III. 

b. Buckshot (No. 4 .24’’ diameter and 

larger, any material) shotgun shells and 

shotgun shells that contain only, or are for 

the dispersion of chemical irritants. 

c. Shotgun shells (including less than 

lethal rounds) that do not contain buckshot; 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ of shotgun shells. 

d. Blank ammunition for firearms 

controlled by ECCNs 0A501 or 0A502 and 

not enumerated in USML Category III. 

Technical Note to 0A505.d: Includes 

‘marking rounds’ that have paint/dye as the 

projectile. 

e. through w. [Reserved] 

x. ‘‘Parts’’ and ‘‘components’’ that are 

‘‘specially designed’’ for a commodity subject 

to control in this ECCN or a defense article 

in USML Category III and not elsewhere 

specified on the USML or the CCL. 

Note 1 to 0A505.x: The controls on ‘‘parts’’ 

and ‘‘components’’ in this entry include 

Berdan and boxer primers, metallic cartridge 

cases, and standard metallic projectiles such 

as full metal jacket, lead core, copper 

projectiles, and frangible projectiles. 

Note 2 to 0A505.x: The controls on ‘‘parts’’ 

and ‘‘components’’ in this entry include 

those ‘‘parts’’ and ‘‘components’’ that are 

common to ammunition and ordnance 

described in this entry and to those 

enumerated in USML Category III. 

Note 3 to 0A505: Metal shot smaller than 

No. 4 Buckshot, empty and unprimed 

shotgun shells, shotgun wads, smokeless 

gunpowder, ‘dummy rounds’ and ‘drill 

rounds’ (unless linked or belted), not 

incorporating a lethal or non-lethal 

projectile(s) are designated EAR99. A 

‘dummy round’ or ‘drill round’ is a round 

that is completely inert, (i.e., contains no 

primer, propellant, or explosive charge). It is 

typically used to check weapon function and 

for crew training. 

Note 4 to 0A505: Shotgun shells that 

contain two or more balls/shot larger than 

.24-inch are controlled under 0A505.b. 

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

Category 0, revise Export Control 

Classification Number (ECCN) 0B501 to 

read as follows: 

0B501 Test, inspection, and production 

‘‘equipment’’ and related commodities 

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

of commodities enumerated or 

otherwise described in ECCN 0A501 or 

USML Category I as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, RS, UN, AT 


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Control(s) 

Country chart 

(see supp. No. 1 to 

part 738) 

NS applies to entire 

entry except equipment for ECCN 

0A501.y.

NS Column 1 

RS applies to entire 

entry except equipment for ECCN 

0A501.y.

RS Column 1 

UN applies to entire 

entry.

See § 746.1 of the 

EAR for UN controls 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

LVS: $3000 

GBS: 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 to ship any item in this entry. 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

a. Small arms chambering machines. 

b. Small arms deep hole drilling machines 

and drills therefor. 

c. Small arms rifling machines. 

d. Small arms boring/reaming machines. 

e. Production equipment (including dies, 

fixtures, and other tooling) ‘‘specially 

designed’’ for the ‘‘production’’ of the items 

controlled in 0A501.a through .x. or USML 

Category I. 

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

Category 0, revise Export Control 

Classification Number (ECCN) 0E505 to 

read as follows: 

0E505 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by 0A505. 

License Requirements 

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

Control(s) 

Country chart 

(see supp. No. 1 to 

part 738) 

NS applies to ‘‘technology’’ for ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing 

commodities in 

0A505.a and .x; for 

equipment for those 

commodities in 

0B505; and for 

‘‘software’’ for that 

equipment and 

those commodities 

in 0D505.

NS Column 1 

Control(s) 

Country chart 

(see supp. No. 1 to 

part 738) 

RS applies to ‘‘technology’’ for ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing 

commodities in 

0A505.a and .x; for 

equipment for those 

commodities in 

0B505 and for 

‘‘software’’ for those 

commodities and 

that equipment in 

0D505.

RS Column 1 

UN applies to entire 

entry.

See § 746.1 of the 

EAR for UN controls 

CC applies to ‘‘technology’’ for the 

‘‘development’’ or 

‘‘production’’ of 

commodities in 

0A505.b.

CC Column 1 

AT applies to ‘‘technology’’ for ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul, or refurbishing 

commodities in 

0A505.a, .d, and .x.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

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 0E505. 

List of Items Controlled 

Related Controls: Technical data required for 

and directly related to articles enumerated 

in USML Category III are ‘‘subject to the 

ITAR’’. 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in this ECCN heading. 

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

Category 1, revise Export Control 

Classification Number (ECCN) 1A984 to 

read as follows: 

1A984 Chemical agents, including tear gas 

formulation containing 1 percent or less 

of orthochlorobenzalmalononitrile (CS), 

or 1 percent or less of 

chloroacetophenone (CN), except in 

individual containers with a net weight 

of 20 grams or less; liquid pepper except 

when packaged in individual containers 

with a net weight of 3 ounces (85.05 

grams) or less; smoke bombs; nonirritant smoke flares, canisters, grenades 

and charges; and other pyrotechnic 

articles having dual military and 

commercial use, and ‘‘parts’’ and 

‘‘components’’ ‘‘specially designed’’ 

therefor, n.e.s. 

License Requirements 

Reason for Control: CC 

Control(s) 

Country chart 

(see supp. No. 1 

to part 738) 

CC applies to entire 

entry.

CC Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

Matthew S. Borman, 

Deputy Assistant Secretary for Export 

Administration. 

[FR Doc. 2021–17647 Filed 8–18–21; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 117 

[Docket ID: DoD–2020–OS–0045] 

RIN 0790–AL41 

National Industrial Security Program 

Operating Manual (NISPOM); 

Amendment 

AGENCY: Office of the Under Secretary of 

Defense for Intelligence & Security, 

Department of Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending its NISPOM 

regulation to extend the implementation 

date for those contractors under DoD 

security cognizance to report and obtain 

pre-approval of unofficial foreign travel 

to the Department of Defense. 

DATES: This rule is effective August 19, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Valerie Heil, 703–692–3754. 

SUPPLEMENTARY INFORMATION: This final 

rule amends 32 CFR part 117, ‘‘National 

Industrial Security Program Operating 

Manual (NISPOM)’’ final rule that 

published in the Federal Register on 

December 21, 2020 (85 FR 83300). The 

rule includes reporting requirements for 

contractor personnel who have been 

granted eligibility for access to classified 

information through the National 

Industrial Security Program to follow 


lotter on DSK11XQN23PROD with RULES1