Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 32983 

History 

The FAA published a notice of 

proposed rulemaking (NPRM) in the 

Federal Register for FAA–2022–0041 to 

establish Class E airspace extending 

upward from 700 feet above the surface 

at Limon Municipal Airport, CO (87 FR 

8754; February 16, 2022). Interested 

parties were invited to participate in 

this rulemaking effort by submitting 

written comments on the proposal to the 

FAA. Three comments were received in 

favor of the proposal and one comment 

was not germane. 

The Class E5 airspace designation is 

published in paragraph 6005 of FAA 

Order JO 7400.11F, dated August 10, 

2021, and effective September 15, 2021, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designation listed in this document will 

be published subsequently in FAA 

Order JO 7400.11. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order JO 

7400.11F, Airspace Designations and 

Reporting Points, dated August 10, 

2021, and effective September 15, 2021. 

FAA Order JO 7400.11F is publicly 

available as listed in the ADDRESSES

section of this document. FAA Order JO 

7400.11F lists Class A, B, C, D, and E 

airspace areas, air traffic service routes, 

and reporting points. 

The Rule 

The FAA is amending 14 CFR part 71 

by establishing Class E airspace 

extending upward from 700 feet above 

the surface of the Earth at Limon 

Municipal Airport, Limon, CO. This 

airspace is designed to contain the new 

Area Navigation (RNAV) approaches 

into the airport and the instrument 

departures from the airport. The 

airspace supports the airport’s transition 

from visual flight rules to instrument 

flight rule operations. 

FAA Order JO 7400.11, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial, and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 5–6.5a. This airspace action 

is not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant the preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11F, 

Airspace Designations and Reporting 

Points, dated August 10, 2021, and 

effective September 15, 2021, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or more 

above the Surface of the Earth. 

* * * * * 

ANM CO E5 Limon, CO [New] 

Limon Municipal Airport, CO 

(Lat. 39°16′29′′ N, long. 103°39′57′′ W) 

That airspace extending upward from 700 

feet above the surface within a 5.9-mile 

radius of the airport, and within a 6.6-mile 

radius of the airport from the 339° bearing 

from the airport clockwise to the 026° bearing 

from the airport. 

Issued in Des Moines, Washington, on 

April 25, 2022. 

B.G. Chew, 

Acting Group Manager, Operations Support 

Group, Western Service Center. 

[FR Doc. 2022–11586 Filed 5–31–22; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 743, and 748 

[Docket No. 220524–0120] 

RIN 0694–AI89 

Adoption of Congressional Notification 

Requirement for Certain 

Semiautomatic Firearms Exports 

Under the Export Administration 

Regulations (EAR) 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) is 

amending the Export Administration 

Regulations (EAR) to add a new section 

to the EAR to adopt a congressional 

notification requirement for certain 

license applications of semiautomatic 

firearms meeting certain value and 

destination requirements. This rule does 

not change the interagency license 

process for these firearms or how 

license applicants currently structure or 

generally apply for BIS licenses. 

DATES: This rule is effective July 18, 

2022. 

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: 

I. Background 

A. Introduction 

In this final rule, the Bureau of 

Industry and Security (BIS) is amending 

the Export Administration Regulations 

(EAR) to add new § 743.6, Prior 

notifications to Congress of exports of 

semiautomatic firearms, to adopt a 

congressional notification requirement 

for certain license applications having 

semiautomatic firearms that are (i) 

classified under Export Control 

Classification Number (ECCN) 0A501.a 

and (ii) valued at $4 million or more. 

The congressional notification 

requirement will not apply if the total 


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32984 Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 

value of the application is valued at $4 

million or more but contains 0A501.a 

semiautomatic firearms valued at less 

than $4 million. Further, the 

congressional notification requirement 

will not apply to license applications if 

the 0A501.a semiautomatic firearms are 

destined for countries in Country Group 

A:5 or A:6 (see supplement no.1 to part 

740 of the EAR), with the exception of 

Mexico, South Africa, and Turkey. The 

congressional notification requirement 

will also not apply to exports to 

personnel and agencies of the U.S. 

Government under License Exception 

GOV (§ 740.11(b) of the EAR) or when 

for the official use by an agency of the 

North Atlantic Treaty Organization 

(NATO). 

This congressional notification 

requirement is warranted because of the 

unique nature of 0A501.a semiautomatic 

firearms and their prior jurisdiction 

under the International Traffic in Arms 

Regulations (ITAR). While the 

Commerce Control List (CCL) has long 

controlled certain firearms, the firearms 

subject to this congressional notification 

requirement are often used by military 

and law enforcement personnel, as well 

as for recreational purposes. Those 

items were transferred to BIS’s 

jurisdiction in a final rule published on 

January 23, 2020 (85 FR 4136) 

identifying firearms, guns, ammunition 

and related articles that no longer 

warranted control on the U.S. Munitions 

List and were transferred to the CCL. 

Prior to the March 9, 2020 effective date 

for that rule, 0A501.a semiautomatic 

firearms required congressional 

notification pursuant to § 123.15(a)(3) of 

the ITAR for licenses in the amount of 

$1 million or more. Through publication 

of this rule, BIS is adopting 

congressional notifications based on the 

criteria in the new § 743.6 of the EAR 

for certain export licenses of these 

items. 

While the ITAR’s congressional 

notification requirement is informative 

for developing new § 743.6 of the EAR, 

BIS is utilizing a different scope for this 

congressional notification requirement. 

Under the EAR, exporters can make a 

good faith estimate of the quantity and 

value of exports needed over the 

standard four-year validity period of a 

BIS license. This can include a license 

covering multiple purchase orders or 

anticipated purchase orders. Under the 

ITAR, DSP–5 licenses are generally tied 

to a single purchase order. To account 

for these differences, BIS is using $4 

million as the value for the 

congressional notification requirement 

under § 743.6, which is an equivalent 

annual average of $1 million in 

potential exports per year during the 

validity period of the license. 

Essentially, the value threshold in 

§ 743.6 will be four times the value of 

the ITAR’s value threshold in 

§ 123.15(a)(3) reflecting the difference in 

licensing requirements. Additionally, 

because these semiautomatic firearms 

are less sensitive than the fullyautomatic firearms that continue to be 

controlled under USML Category I of 

the ITAR, the congressional notification 

requirement will not apply to a group of 

allied countries. 

This rule does not change the 

interagency license review process for 

these firearms or how license applicants 

currently structure or generally apply 

for BIS licenses. License applicants may 

continue to apply for prospective sales, 

so long as they do not break-up contract 

values in order to come under the $4 

million dollar threshold specified in 

§ 743.6 and are able to identify the items 

to be exported, country where the items 

will be exported, parties to the 

transaction and end use of the items. 

This rule does not change how 

applicants apply for licenses, except for 

requiring new support documents for 

licenses that meet the criteria in § 743.6 

and as described further below under 

new paragraph (bb) in supplement no. 2 

to part 748. 

The congressional notification will be 

submitted for those license applications 

for which the interagency review 

process has resulted in a 

recommendation to approve, which is 

consistent with how BIS has managed 

the process for ‘‘600 series Major 

Defense Equipment’’ congressional 

notification process. The new 

congressional notification requirement 

will complement the existing export 

control requirements for 0A501.a 

semiautomatic firearms, which are 

subject to a worldwide license 

requirement by BIS, import certificate 

requirements used by foreign countries 

to ensure that firearms to be exported 

are authorized by the respective foreign 

government of the recipient, interagency 

review process with the Departments of 

Defense and State, and as well as BIS’s 

extensive enforcement and compliance 

efforts to ensure that exports are made 

in accordance with U.S. national 

security and foreign policy interests. 

B. Revisions to EAR 

This rule makes the following changes 

to the EAR for the adoption of 

congressional notification requirement 

for certain semiautomatic firearms 

exports. 

This rule adds § 743.6 Prior 

notifications to Congress of exports of 

certain firearms. This new section is 

modeled on the same type of 

congressional notification process as 

followed under § 743.5 for ‘‘600 Major 

Defense Equipment.’’ New § 743.6 

consists of four paragraphs. 

Paragraph (a) (General Requirement) 

specifies that any license application for 

the export of semiautomatic firearms 

controlled under ECCN 0A501.a (which 

includes semiautomatic rifles and 

semiautomatic pistols) will be notified 

to Congress as provided in § 743.6. 

Paragraph (a) includes two exclusions 

under paragraphs (a)(1) to (2) from the 

congressional notification requirement. 

Paragraph (a)(1) excludes exports to 

personnel and agencies of the U.S. 

Government under License Exception 

GOV (§ 740.11(b) of the EAR). Paragraph 

(a)(2) excludes applications for official 

use by an agency of NATO. 

New paragraph (b) specifies the 

country scope for these congressional 

notifications. Paragraph (b) specifies 

that BIS will notify Congress prior to 

issuing a license authorizing the export 

of items to a country outside the 

countries listed in Country Group A:5 or 

A:6, with the exception of Mexico, 

South Africa, or Turkey. Paragraph (b) 

specifies that the congressional 

requirement will apply when the 

commodities are sold under a contract 

or are otherwise part of an export 

transaction that includes $4 million or 

more of semiautomatic firearms 

controlled by ECCN 0A501.a. For these 

reasons, BIS does not anticipate any 

change in the number of license 

applications received by BIS because 

license applicants are required to follow 

the same process they were previously 

in determining how to structure a 

license application for these 

semiautomatic firearms controlled 

under ECCN 0A501.a. 

Paragraph (c) provides guidance on 

additional information that license 

applicants will need to provide as part 

of the license application process. 

Importantly, this rule does not require a 

purchase order to apply for a license. 

However, if the license application 

includes 0A501.a semiautomatic 

firearms subject to a signed contract 

(which may be a purchase order), 

paragraph (c) specifies the signed 

contract would need to be included as 

a support document for the license 

application. Paragraph (c) further 

specifies that a written explanation from 

the applicant will be required when the 

export does not include a contract and 

whether the application is supported by 

a signed contract or a written 

explanation by the applicant, an 

applicant will need to include a 

statement of the value of the 

semiautomatic firearms controlled by 

ECCN 0A501.a to be exported for any 


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Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 32985 

proposed export described in paragraph 

(b) of § 743.6. 

This final rule also adds two anticircumvention sentences to the end of 

paragraph (c) to make license applicants 

aware that they are prohibited from 

splitting license applications in order to 

try to circumvent the congressional 

notification process. This rule specifies 

that any activity intended to circumvent 

notification requirements is prohibited. 

The last sentence this rule adds to 

paragraph (c) provides illustrative 

examples of such prohibited activities, 

such as the splitting or structuring of 

contracts to avoid exceeding applicable 

notification dollar value limits. 

The dollar value threshold of $4 

million or more will only be based on 

the portion of the license application for 

semiautomatic firearms controlled by 

ECCN 0A501.a. Paragraph (c) specifies 

that license applications for 

semiautomatic firearms controlled by 

ECCN 0A501.a may include other 

nonautomatic firearms, shotguns, other 

0x5zz items, or other items subject to 

the EAR. As noted above, BIS does not 

intend for license applicants to change 

their behavior for how they are 

currently structuring licenses, so this 

rule adds text to paragraph (c) to make 

it clear to license applicants that they 

may and are encouraged to continue 

with their current license application 

practices of including other firearms 

related items on license applications. 

However, to make this process more 

manageable for BIS, this rule specifies 

under paragraph (c) that the applicant 

must clearly identify the semiautomatic 

firearms controlled by ECCN 0A501.a. 

This requirement will assist BIS in 

identifying whether the license 

application requires congressional 

notification under § 743.6 and 

identifying the information that will 

need to be reported to Congress. As a 

conforming change to paragraph (c), this 

final rule also adds a new paragraph 

(bb) to supplement no. 2 to part 748— 

Unique Application and Submission 

Requirements of the EAR, so license 

applicants are aware of the additional 

support document requirements 

specified under § 743.6(c). 

Finally, this final rule adds paragraph 

(d) (Additional information), to provide 

an email that license applicants may use 

to ask questions regarding new § 743.6. 

As noted above, this final rule adds a 

new paragraph (bb) (Semiautomatic 

firearms controlled under ECCN 

0A501.a) to supplement no. 2 to part 

746 to assist public understanding of the 

requirement in § 743.6(c). New 

paragraph (bb) specifies that for export 

license applications that require prior 

notifications to Congress of exports of 

semiautomatic firearms controlled 

under ECCN 0A501.a under the criteria 

of § 743.6, the license applicant must 

include the information specified in 

§ 743.6(c) of the EAR. This rule includes 

a parenthetical phrase in new paragraph 

(bb) to cross reference applicants back to 

§ 743.6(c). 

This rule also adds a new general 

restriction on the use of EAR license 

exceptions under § 740.2 Restrictions on 

all license exceptions by adding 

paragraph (a)(23). New paragraph (a)(23) 

specifies exports of semiautomatic 

firearms controlled by ECCN 0A501.a 

sold under a contract that includes $4 

million or more of such items are not 

eligible for any license exception other 

than exports to personnel and agencies 

of the U.S. Government under License 

Exception GOV (§ 740.11(b) of the EAR), 

for official use by an agency of NATO, 

or destined to a country listed in 

Country Groups A:5 or A:6 (see 

supplement no. 1 to part 740 of the 

EAR) except Mexico, South Africa, or 

Turkey. BIS added this restriction 

consistent with a similar license 

exception restriction that exists in 

§ 740.2(a)(15) and (16) for ‘‘600 Series 

Major Defense Equipment’’ that requires 

congressional notification. New 

paragraph (a)(23) will ensure all exports 

that require a congressional notification 

under § 743.6 will require the 

submission of a BIS license with limited 

exceptions. 

BIS notes that the vast majority of 

firearms exported require a BIS license 

to be obtained. The EAR license 

exceptions that are available for 

semiautomatic firearms (as well as other 

firearms under 0A501.a and .b) are 

limited and the terms of those license 

exceptions, such as License Exception 

BAG (limited to three individually 

owned firearms), License Exception 

TMP (exporting a firearm to a trade 

show or sending to servicing or repair 

under paragraphs (a)(5) or (a)(6) is 

limited to 75 firearms), or License 

Exception RPL, impose additional 

conditions on the use of license 

exceptions. In addition, the likelihood 

of a semiautomatic firearm controlled 

under 0A501.a being exported in the 

limited quantity required under the 

license exceptions described above and 

meeting or exceeding the $4 million 

threshold would be extremely unlikely, 

unless each firearm was valued at a very 

high rate or there was some type of 

unusual circumstance, such as where a 

U.S. firearms manufacture had a 

defective product line that was exported 

to a distributor and all the firearms 

needed to be returned for warranty work 

for subsequent export. The only EAR 

license exception where a high dollar 

value export is likely would be under 

License Exception GOV for the United 

States Government under paragraphs 

(b)(2)(ii), but that is already excluded 

from the congressional notification 

requirement because of the U.S, 

government end user. 

C. Clarification to Existing Requirement 

for ‘‘600 Series Major Defense 

Equipment’’ 

This rule also adds a new paragraph 

(aa) (‘‘600 Series Major Defense 

Equipment’’) to supplement no. 2 to part 

748 to assist public understanding of the 

requirement in § 743.5(d). The 

longstanding requirement in § 743.5(d) 

was added to the EAR on April 16, 2013 

(78 FR 22722), but BIS determined it 

would still be beneficial to license 

applicants to include a new paragraph 

(aa) in supplement no. 2 to part 748 to 

make it easier to find this requirement, 

similar to what is described above for 

new paragraph (bb). New paragraph (aa) 

specifies that for export license 

applications that require prior 

notifications to congress of exports of 

‘‘600 series major defense equipment’’ 

under the criteria of § 743.5, the license 

applicant must include the information 

specified in § 743.5(d) of the EAR. This 

rule includes a parenthetical phrase to 

cross reference applicants back to 

§ 743.5(d). 

Lastly, as a clarification on the correct 

email address to use for ‘‘600 Series 

Major Defense Equipment,’’ this rule 

removes the email address of 

bis.compliance@bis.doc.gov in 

§ 743.5(d) and adds a new email address 

of mcd_compliance@bis.doc.gov in its 

place. 

Savings Clause 

For the changes being made in this 

final rule, shipments of items removed 

from eligibility for a License Exception 

or export, reexport, or transfer (incountry) without a license (NLR) as a 

result of this regulatory action that were 

en route aboard a carrier to a port of 

export, reexport, or transfer (in-country), 

on July 18, 2022, pursuant to actual 

orders for export, reexport, or transfer 

(in-country) to or within a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export, reexport, or transfer (in-country) 

without a license (NLR). 

Only license applications received on 

or after July 18, 2022 may be subject to 

congressional notification under § 743.6 

of the EAR. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 


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32986 Federal Register / Vol. 87, No. 105 / Wednesday, June 1, 2022 / Rules and Regulations 

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. This final rule has been designated 

a ‘‘significant regulatory action’’, under 

Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is 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 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and commodity 

classifications, and carries a burden 

estimate of 29.6 minutes for a manual or 

electronic submission for a total burden 

estimate of 33,133 hours. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are 

expected to increase as a result of this 

rule because of the new support 

document requirement for license 

applications that require congressional 

notification pursuant to the § 743.6 that 

this rule adds to supplement no. 2 to 

part 748 under paragraph (bb) 

(Semiautomatic firearms controlled 

under ECCN 0A501.a). BIS estimates 

that sixty of the current license 

applications that are submitted to BIS 

annually will require the support 

documents specified in paragraph (bb). 

Specifically, for export license 

applications that require prior 

notifications to congress of exports of 

semiautomatic firearms controlled 

under ECCN 0A501.a under the criteria 

of § 743.6, the exporter must include a 

copy of the signed contract or, if there 

is no contract, a written explanation 

from the applicant (including a 

statement of the value of the firearms 

controlled by ECCN 0A501.a to be 

exported) for any proposed export 

described in § 743.6(b) of the EAR. 

License applications for semiautomatic 

firearms controlled by ECCN 0A501.a 

may include other nonautomatic 

firearms, shotguns, other 0x5zz items, or 

other items subject to the EAR, but the 

applicant must clearly identify the 

semiautomatic firearms controlled by 

ECCN 0A501.a. This support document 

requirement will make this process 

more manageable for BIS by having the 

applicant clearly identify the 

semiautomatic firearms controlled on a 

license application. BIS estimates the 

burden hours associated with this 

collection will increase by 20 hours (i.e., 

60 existing license applications that will 

now require these additional support 

documents × 20 minutes per response) 

for a total estimated cost increase of 

$1,800 (i.e., 60 hours × $30 per hour). 

The $30 per hour cost estimate for OMB 

control number 0694–0088 is consistent 

with the salary data for export 

compliance specialists currently 

available through glassdoor.com 

(glassdoor.com estimates that an export 

compliance specialist makes $55,280 

annually, which computes to roughly 

$26.58 per hour). 

Lastly, this rule also adds a new 

paragraph (aa) (‘‘600 Series Major 

Defense Equipment’’) to supplement no. 

2 to part 748 to assist public 

understanding of the requirement in 

§ 743.5(d). The requirement in 

§ 743.5(d) was added to the EAR on 

April 16, 2013 (78 FR 22722), but BIS 

determined it would still be beneficial 

to license applicants to also include a 

new paragraph (aa) in supplement no. 2 

to part 748 to make it easier to find this 

requirement. BIS does not anticipate 

this change will result in a change in the 

burden hours under this collection 

because BIS would estimate no more 

than one existing license application per 

year would require this support 

document. 

BIS is in the process of updating this 

information collection to account for the 

increase in burden hours and costs 

posed by this rule. Any comments 

regarding this collection of information, 

including suggestions for reducing the 

burden, may be submitted online at 

https://www.reginfo.gov/public/do/ 

PRAMain. Find this particular 

information collection by using the 

search function and entering the title of 

the collection or the OMB Control 

Number. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of ECRA, 

this action is exempt from the 

Administrative Procedure Act (APA) (5 

U.S.C. 553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. While section 1762 of 

ECRA provides sufficient authority for 

such an exemption, this action is also 

independently exempt from these APA 

requirements because it involves a 

military or foreign affairs function of the 

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

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

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

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., are 

not applicable. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 748 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

For the reasons stated in the 

preamble, parts 740, 743, and 748 of the 

Export Administration Regulations (15 

CFR parts 730–774) are amended as 

follows: 

PART 740—LICENSE EXCEPTIONS 

■ 1. The authority citation for 15 CFR 

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 740.2 is amended by adding 

paragraph (a)(23) to read as follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(23) Exports of semiautomatic 

firearms controlled by ECCN 0A501.a 

sold under a contract or otherwise part 

of an export that includes $4,000,000 or 

more of such items are not eligible for 

any license exceptions except to 

personnel and agencies of the U.S. 

Government under License Exception 

GOV (§ 740.11(b) of the EAR), for 

official use by an agency of NATO, or 

where a license exception would 

otherwise be available for the export of 

such items to a country listed in 

Country Groups A:5 or A:6 (see 

supplement no. 1 to part 740 of the 

EAR) except Mexico, South Africa, or 

Turkey. 

* * * * * 


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PART 743—SPECIAL REPORTING AND 

NOTIFICATION 

■ 3. The authority citation for 15 CFR 

part 743 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; E.O. 13637, 78 FR 16129, 3 CFR, 2014 

Comp., p. 223; 78 FR 16129. 

■ 4. Section 743.5(e) is amended by 

removing ‘‘bis.compliance@bis.doc.gov’’ 

and adding in its place ‘‘mcd_

compliance@bis.doc.gov.’’ 

■ 5. Section 743.6 is added to read as 

follows: 

§ 743.6 Prior notifications to Congress of 

exports of certain semiautomatic firearms. 

(a) General requirement. Applications 

to export semiautomatic firearms 

controlled by ECCN 0A501.a will be 

notified to Congress as provided in this 

section before licenses for such items 

are issued, except as specified in 

paragraphs (a)(1) to (2) of this section. 

(1) Exports of semiautomatic firearms 

controlled by ECCN 0A501.a to 

personnel and agencies of the U.S. 

Government under License Exception 

GOV (§ 740.11(b) of the EAR) do not 

require such notification. 

(2) Exports of semiautomatic firearms 

controlled by ECCN 0A501.a for official 

use by an agency of NATO do not 

require such notification. 

(b) Notification criteria. Unless 

excluded in paragraphs (a)(1) to (2) of 

this section, BIS will notify Congress 

prior to issuing a license authorizing the 

export of items to Mexico, South Africa, 

or Turkey or any other country not 

listed in Country Group A:5 or A:6 (see 

supplement no.1 to part 740 of the EAR) 

if the items are sold under a contract or 

are otherwise part of an export 

transaction that includes $4,000,000 or 

more of semiautomatic firearms 

controlled by ECCN 0A501.a. 

(c) License application information. In 

addition to information required on the 

application, the exporter must include a 

copy of the signed contract or, if there 

is no contract, a written explanation 

from the applicant (including a 

statement of the value of the firearms 

controlled by ECCN 0A501.a to be 

exported) for any proposed export 

described in paragraph (b) of this 

section. License applications for 

semiautomatic firearms controlled by 

ECCN 0A501.a may include other 

nonautomatic firearms, shotguns, other 

0x5zz items, or other items subject to 

the EAR, but the applicant must clearly 

identify the semiautomatic firearms 

controlled by ECCN 0A501.a. The 

applicant clearly distinguishing the 

semiautomatic firearms controlled by 

ECCN 0A501.a from any other items on 

the license application will assist BIS in 

assessing whether the license 

application requires congressional 

notification under this section and 

identifying the information that will 

need to be reported to Congress. Any 

activity intended to circumvent 

notification requirements is prohibited. 

Such devices include, but are not 

limited to, the splitting or structuring of 

contracts to avoid exceeding applicable 

notification dollar value limits 

described in paragraph (a) of this 

section. 

(d) Additional information. For 

questions on this section, you may 

contact the Nuclear and Missile 

Technology Controls Division, Guns and 

Ammunition licensing group at 

firearmsCN@bis.doc.gov. 

PART 748—APPLICATIONS 

(CLASSIFICATION, ADVISORY, AND 

LICENSE) AND DOCUMENTATION 

■ 6. The authority citation for 15 CFR 

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). 

■ 7. Supplement No. 2 to part 748 

(Unique Application and Submission 

Requirements) is amended by adding 

paragraphs (aa) and (bb) to read as 

follows: 

Supplement No. 2 to Part 748—Unique 

Application and Submission 

Requirements 

* * * * * 

(aa) ‘‘600 Series Major Defense 

Equipment.’’ For license applications 

that require prior notifications to 

Congress of exports of ‘‘600 series major 

defense equipment’’ pursuant to § 743.5, 

the exporter must include a copy of the 

signed contract (including a statement 

of the value of the ‘‘600 Series Major 

Defense Equipment’’ to be exported 

under the contract). (See § 743.5(d) of 

the EAR) 

(bb) Semiautomatic firearms 

controlled under ECCN 0A501.a. For 

export license applications that require 

prior notifications to congress of exports 

of semiautomatic firearms controlled 

under ECCN 0A501.a under the criteria 

of § 743.6, the exporter must include a 

copy of the signed contract or, if there 

is no contract, a written explanation 

from the applicant (including a 

statement of the value of the firearms 

controlled by ECCN 0A501.a to be 

exported). License applications for 

semiautomatic firearms controlled by 

ECCN 0A501.a may include other 

nonautomatic firearms, shotguns, other 

0x5zz items, or other items subject to 

the EAR, but the applicant must clearly 

identify the semiautomatic firearms 

controlled by ECCN 0A501.a. 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2022–11761 Filed 5–31–22; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

Control Policy: End-User and End-Use 

Based 

CFR Correction 

This rule is being published by the 

Office of the Federal Register to correct 

an editorial or technical error that 

appeared in the most recent annual 

revision of the Code of Federal 

Regulations. 

■ In Title 15 of the Code of Federal 

Regulations, Parts 300 to 799, revised as 

of January 1, 2022, in supplement no. 4 

to part 744, in the table under 

‘‘RUSSIA’’, revise the entry for 

‘‘Kaliningradnefteprodukt OOO’’ to read 

as follows: 

SUPPLEMENT NO. 4 TO PART 744—ENTITY LIST

Country Entity License 

requirement 

License 

review policy 

Federal Register 

citation 

*******

RUSSIA ............ ******


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