[Federal Register: August 6, 2007 (Volume 72, Number 150)]
[Rules and Regulations]
[Page 43529-43533]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06au07-3]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 738, 740, 744, 748, 750, 752, 758, 762, 772, and 774
[Docket No. 070611188-7189-01]
RIN 0694-AE07
Technical Corrections to the Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correction.
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SUMMARY: This rule amends the Export Administration Regulations (EAR)
by making the following changes: Correcting citations in several
sections of the EAR, removing an endnote to the Entity List,
reinserting the grace period provision for support documents,
clarifying when an Automated Export System or Shipper's Export
Declaration record must be filed, adding omitted information to certain
Export Control Classification Numbers (ECCNs), removing references to
the International Munitions List, and removing or editing references to
ECCNs that have either changed or do not exist.
DATES: This rule is effective August 6, 2007.
ADDRESSES: Although this is a final rule, comments are welcome and
should be sent to publiccomments@bis.doc.gov, fax (202) 482-3355, or to
Regulatory Policy Division, Bureau of Industry and Security, Room
H2705, U.S. Department of Commerce, Washington, DC 20230. Please refer
to regulatory identification number (RIN) 0694-AE07 in all comments,
and in the subject line of e-mail comments. Comments on the collection
of information should be sent to David Rostker, Office of Management
and Budget (OMB), by e-mail to David_Rostker@omb.eop.gov, or by fax to
(202) 395-7285.
FOR FURTHER INFORMATION CONTACT: Steven Emme, Regulatory Policy
Division, Bureau of Industry and Security, telephone: (202) 482-2440,
e-mail: semme@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
This rule makes the following corrections to the Export
Administration Regulations.
Corrections to Citations in the EAR
This rule makes corrections to citations to three different subject
matters in the EAR. First, throughout the EAR, many sections refer
readers to the General Prohibitions, which affirmatively state
licensing requirements for transactions and activities subject to the
EAR. The General Prohibitions can be found in part 736 of the EAR, but
several locations in the EAR cite part 734 instead. This rule corrects
inaccurate citations to the General Prohibitions in the note to Sec.
740.12(a), in paragraphs (f) and (i) in Supplement No. 2 to part 748,
and in Sec. 752.6(c).
Next, Sec. 762.7 discusses the required period of retention for
recordkeeping under the EAR, and paragraph (b) refers to ``Sec.
765.5(c)(4)(ii)'' for recordkeeping related to voluntary disclosures.
However, part 765 does not exist in the EAR. Thus, this rule replaces
that reference with the correct citation, which is Sec.
764.5(c)(4)(ii).
Lastly, the definition for ``Hold Without Action (HWA)'' in Sec.
772.1 refers to ``Sec. 750.4(c)'' for circumstances in which license
applications may be held without action. However, Sec. 750.4(c) refers
to initial processing of applications, so this rule replaces ``Sec.
750.4(c)'' with the correct citation, which is Sec. 750.4(b).
Correction to the Removal of Indian Entities From the Entity List
In accordance with the Next Steps in Strategic Partnership between
the United States and India, the Bureau of Industry and Security (BIS)
published a final rule on August 30, 2005 (70 FR 51251) removing
certain Indian entities from the Entity List. One of the changes made
concerned the removal of the second entry for the Department of Atomic
Energy. The second entry for that entity contained the phrase ``balance
of plant'', which was found in the column for License review policy.
Prior to the August 30, 2005 final rule, a superscript ``1'' was
located next to ``balance of plant'' to reference an endnote found at
the end of Supplement No. 4 to Part 744, which further elaborated on
the phrase. When the prior rule removed the second entry containing the
superscript ``1'', it did not remove the endnote as well; thus, endnote
1 has remained with no corresponding text. As a result, this rule
removes endnote 1 for ``balance of plant'' from the end of Supplement
No. 4 to Part 744.
Reinsertion of Grace Period Provision for Support Documents
On June 19, 2007, BIS published a final rule (72 FR 33646) that
inadvertently removed and reserved paragraph (a) in Sec. 748.12
(special provisions for support documents), which should have remained
in the EAR. Therefore, this rule corrects that removal by adding
paragraph (a) back into Sec. 748.12.
Clarification on Filing an AES or SED Record for Exports Requiring a
License
Section 758.1 introduces the Shipper's Export Declaration (SED) and
Automated Export System (AES), which are used by the Bureau of Census
to compile data on trade statistics and used by BIS to collect data on
export
[[Page 43530]]
controls. Paragraph (b) of Sec. 758.1 details when an SED or AES
record is required when exporting an item subject to the EAR. Prior to
this rule, paragraph (b)(2) stated that an exporter must file an SED or
AES ``[f]or all exports subject to the EAR that require a license,
regardless of value, or destination;''. This wording could cause
ambiguity as to whether this paragraph requires an SED or AES record to
be filed for the export of items having a license requirement that can
be overcome by a license exception. The wording in paragraph (b)(2) is
meant to apply only to those items having a license requirement that
cannot be overcome by a license exception. Consequently, this rule
changes the wording to read: ``[f]or all exports subject to the EAR
that require submission of a license application, regardless of value
or destination;''.
Addition of ``License Exceptions'' and ``List of Items Controlled''
Sections to ECCN 0A987, Addition of ``Reason for Control'' Paragraph to
ECCNs 1C239 and 1C240, and Addition of ECCNs to ``Related Controls''
Paragraph of ECCN 1C239
On April 13, 1999, BIS (then the Bureau of Export Administration,
or BXA) published a final rule (64 FR 17968) that added Export Control
Classification Number (ECCN) 0A987 to the Commerce Control List for
optical sighting devices for firearms. Prior to that rule, optical
sighting devices for firearms were controlled under ECCN 0A985 (then
partially titled ``Optical sighting devices for firearms (including
shotguns controlled by ECCN 0A984); discharge type arms * * *; and
parts, n.e.s.''). In order to further clarity and consistency, BIS
transferred optical sighting devices for firearms to a new ECCN.
However, when ECCN 0A987 was added to the Commerce Control List, no
License Exceptions section and no List of Items Controlled section were
included. Since ECCN 0A985 previously controlled optical sighting
devices for firearms, this rule adds a License Exceptions section and
List of Items Controlled section to ECCN 0A987 that are identical to
those respective sections in ECCN 0A985.
In addition, ECCNs 1C239 (certain high explosives) and 1C240
(certain nickel powder or porous nickel metal) currently list the
applicable controls and country chart columns, but they do not list
each reason for control at the beginning of the License Requirements
section of each entry. Therefore, this rule adds the applicable reasons
for control by adding nuclear nonproliferation (``NP'') and anti-
terrorism (``AT'') to both ECCNs 1C239 and 1C240.
Lastly, this rule provides additional guidance by alerting readers
of ECCN 1C239 to similar export controls found in related ECCNs.
Specifically, this rule adds language to the ``Related Controls''
paragraph of ECCN 1C239 to refer readers to ECCNs 1C018 (commercial
charges and devices containing energetic materials on the Wassenaar
Arrangement Munitions List and certain chemicals) and 1C992 (certain
commercial charges and devices containing energetic materials and
nitrogen trifluoride in a gaseous state).
Removal of References to the International Munitions List
This rule removes references to the International Munitions List
found in various parts of the EAR and in three separate ECCNs. The
International Munitions List was a term used by the Coordinating
Committee on Multilateral Export Controls (CoCom). CoCom was a
multilateral organization that restricted strategic exports to
controlled countries. On March 31, 1994, CoCom disbanded and was later
replaced by the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual-Use Goods and Technologies. Due to the
United States's membership in the Wassenaar Arrangement, this rule
removes ``International Munitions List'' and replaces it with
``Wassenaar Arrangement Munitions List'' in Sec. Sec. 738.2(d)(1),
744.17(d), 744.21(f), and 750.4(b)(6)(ii)(E), as well as in the
headings of ECCNs 1B018, 2B018, and 8A018 on the Commerce Control List.
Removal of Nonexistent ECCN References Related to ``Space Qualified''
Items
Section 740.2 details restrictions which prevent the use of any
License Exceptions. One such restriction on the use of License
Exceptions involves ``space qualified'' items, found in paragraph
(a)(7) of Sec. 740.2. That paragraph lists ECCN 6D104 and ECCN 6E102
as two ECCN entries for the ``software'' and ``technology'',
respectively, for certain ``space qualified'' commodities. However,
ECCNs 6D104 and 6E102 do not currently exist on the Commerce Control
List; thus, this rule removes those references to ECCNs 6D104 and 6E102
from Sec. 740.2(a)(7).
Similarly, ECCN 6D001 also contains a reference to ECCN 6E102. In
ECCN 6D001, the Related Controls paragraph instructs readers to ``[s]ee
also 6D991, and ECCNs 6E001 (`development') and 6E102 (`use') for
`technology' for items controlled under this entry.'' This rule revises
that sentence to read ``See also 6D991, and ECCN 6E001 (`development')
for `technology' for items controlled under this entry.''
Correction to the ECCN for Mobile Devices for Reexport to Sudan Under
License Exception APR
On July 23, 1999, BIS (then BXA) published a final rule (64 FR
40106) that moved mobile communication devices from ECCN 5A991.f to
ECCN 5A991.g. This renumbering of paragraphs in ECCN 5A991 was done
pursuant to Wassenaar Arrangement review. Later, on May 26, 2000, BIS
published another final rule (65 FR 34073) that reflected the
classification change for mobile devices in Sec. 742.10(a)(2), which
lists the ECCNs that are allowed for reexport to Sudan, under anti-
terrorism controls. However, that May 26, 2000, final rule did not
update the classification change for mobile devices for Sec.
740.16(i), which lists the ECCNs that are permitted for reexport to
Sudan without a license under License Exception APR (additional
permissive reexports). Prior to the May 26, 2000, final rule, the ECCNs
listed in Sec. 742.10(a)(2) matched the ECCNs listed in Sec.
740.16(i). To ensure conformity, this final rule updates Sec.
740.16(i) to replace ``5A991.f'' with ``5A991.g'', which will make the
requirements concerning reexports to Sudan under License Exception APR
consistent with the list of items allowed for reexport to Sudan under
Sec. 742.10.
Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 3, 2006,
71 FR 44551 (August 7, 2006), has continued the Export Administration
Regulations in effect under the International Emergency Economic Powers
Act.
Rulemaking Requirements
1. This final rule has been determined to be not significant for
purposes of E.O. 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
involves a collection of information subject to the requirements of the
PRA. This collection has previously been approved by OMB under control
number 0694-0088 (Multi-Purpose
[[Page 43531]]
Application), which carries a burden hour estimate of 58 minutes to
prepare and submit form BIS-748. Miscellaneous and recordkeeping
activities account for 12 minutes per submission. BIS expects that this
rule will not change that burden hour estimate.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this final rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under the Administrative Procedure
Act or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore,
this regulation is issued in final form. Although there is no formal
comment period, public comments on this regulation are welcome on a
continuing basis. Comments should be submitted to Steven Emme,
Regulatory Policy Division, Bureau of Industry and Security, Department
of Commerce, P.O. Box 273, Washington, DC 20044.
List of Subjects
15 CFR Parts 738 and 772
Exports.
15 CFR Parts 740, 748, 750, 752, and 758
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Part 762
Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 738, 740, 744, 748, 750, 752, 758, 762, 772, and 774
of the Export Administration Regulations (15 CFR parts 730-774) are
corrected by making the following amendments:
PART 738--[AMENDED]
0
1. The authority citation for 15 CFR part 738 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
Sec. 901-911, Pub. L. 106-387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71 FR 44551
(August 7, 2006).
Sec. 738.2 [Amended]
0
2. Section 738.2(d)(1) is amended by removing the term ``International
Munitions List'' and adding ``Wassenaar Arrangement Munitions List'' in
its place.
PART 740--[AMENDED]
0
3. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 901-911, Pub. L. 106-387; 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 3, 2006, 71 FR 44551 (August 7, 2006).
Sec. 740.2 [Amended]
0
4. Section 740.2(a)(7) is amended by removing the ECCN references
``6D104'' and ``6E102''.
Sec. 740.12 [Amended]
0
5. Section 740.12 is amended by removing the citation ``Sec.
734.2(b)'' in the second sentence in the Note to paragraph (a) and
adding ``Sec. 736.2(b)'' in its place.
Sec. 740.16 [Amended]
0
6. Section 740.16(i) is amended by removing the ECCN reference
``5A991.f'' and adding ``5A991.g'' in its place.
PART 744--[AMENDED]
0
7. The authority citation for 15 CFR part 744 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; 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. 12947, 60
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224,
66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 3, 2006, 71
FR 44551 (August 7, 2006); Notice of October 27, 2006, 71 FR 64109
(October 31, 2006).
0
8. Section 744.17 is amended by revising the first sentence in
paragraph (d) to read as follows:
Sec. 744.17 Restrictions on certain exports and reexports of general
purpose microprocessors for ``military end-uses'' and to ``military
end-users''.
* * * * *
(d) Military end-use. In this section, the phrase ``military end-
use'' means incorporation into: a military item described on the U.S.
Munitions List (USML) (22 CFR part 121, International Traffic in Arms
Regulations) or the Wassenaar Arrangement Munitions List (as set out on
the Wassenaar Arrangement Web site at http://www.wassenaar.org);
commodities listed under ECCN's ending in ``A018'' on the Commerce
Control List (CCL) in Supplement No. 1 to part 774 of the EAR; or any
item that is designed for the ``use'', ``development'', ``production'',
or deployment of military items described on the USML, the Wassenaar
Arrangement Munitions List, or commodities listed under ECCNs ending in
``A018'' on the CCL.* * *
* * * * *
Sec. 744.21 [Amended]
0
9. Section 744.21(f) is amended by removing the term ``International
Munitions List (IML)'' and adding ``Wassenaar Arrangement Munitions
List'' in its place.
Supplement No. 4 to Part 744 [Amended]
0
10. Supplement No. 4 to part 744 is amended by removing endnote 1, ``
`Balance of Plant' refers to the part of a nuclear power plant used for
power generation (e.g., turbines, controllers, or power distribution)
to distinguish it from the nuclear reactor.''
PART 748--[AMENDED]
0
11. The authority citation for 15 CFR part 748 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 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 3, 2006, 71 FR
44551 (August 7, 2006).
0
12. Section 748.12 is amended by adding paragraph (a) to read as
follows:
Sec. 748.12 Special provisions for support documents.
(a) Grace periods. Whenever the requirement for an Import
Certificate or
[[Page 43532]]
End-User Statement or Statement by Ultimate Consignee or Purchaser is
imposed or extended by a change in the regulations, the license
application need not conform to the new support documentation
requirements for a period of 45 days after the effective date of the
regulatory change published in the Federal Register.
(1) Requirements are usually imposed or extended by virtue of one
of the following:
(i) Addition or removal of national security controls over a
particular item; or
(ii) Development of an Import Certificate/Delivery Verification or
End-User Certificate program by a foreign country; or
(iii) Removal of an item from eligibility under the Special
Comprehensive License described in part 752 of the EAR, when you hold
such a special license and have been exporting the item under that
license.
(2) License applications filed during the 45 day grace period must
be accompanied by any evidence available to you that will support
representations concerning the ultimate consignee, ultimate
destination, and end use, such as copies of the order, letters of
credit, correspondence between you and ultimate consignee, or other
documents received from the ultimate consignee. You must also identify
the regulatory change (including its effective date) that justifies
exercise of the 45 day grace period. Note that an Import Certificate or
End-User Statement will not be accepted, after the stated grace period,
for license applications involving items that are no longer controlled
for national security reasons. If an item is removed from national
security controls, you must obtain a Statement by Ultimate Consignee
and Purchaser as described in Sec. 748.11 of this part. Likewise, any
item newly controlled for national security purposes requires support
of an Import Certificate or End-User Statement as described in Sec.
748.10 of this part after expiration of the stated grace period.
* * * * *
Supplement No. 2 to Part 748 [Amended]
0
13. Supplement No. 2 to part 748 is amended by:
0
a. Removing the term ``No. 8'' in paragraph (f) and adding ``Eight'' in
its place;
0
b. Removing the citation ``Sec. 734.2(b)(8)'' in paragraph (f) and
adding ``Sec. 736.2(b)(8)'' in its place; and
0
c. Removing the citation ``Sec. 734.2(b)(2)'' in paragraph (i) and
adding ``Sec. 736.2(b)(2)'' in its place.
PART 750--[AMENDED]
0
14. The authority citation for 15 CFR part 750 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec. 1503, Pub. L. 108-11, 117 Stat. 559; 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 of May 7, 2003, 68 FR
26459, May 16, 2003; Notice of August 3, 2006, 71 FR 44551 (August
7, 2006).
Sec. 750.4 [Amended]
0
15. Section 750.4 is amended by removing the term ``International
Munitions List'' in paragraph (b)(6)(ii)(E) and adding ``Wassenaar
Arrangement Munitions List'' in its place.
PART 752--[AMENDED]
0
16. The authority citation for 15 CFR part 752 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp. p. 219; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 3, 2006, 71 FR
44551 (August 7, 2006).
Sec. 752.6 [Amended]
0
17. Section 752.6 is amended by removing the number ``734'' in the
first sentence of paragraph (c) and adding ``736'' in its place.
PART 758--[AMENDED]
0
18. The authority citation for 15 CFR part 758 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
0
19. Section 758.1 is amended by revising paragraph (b)(2) to read as
follows:
Sec. 758.1 The Shipper's Export Declaration (SED) or Automated Export
System (AES) record.
* * * * *
(b) * * *
(2) For all exports subject to the EAR that require submission of a
license application, regardless of value or destination;
* * * * *
PART 762--[AMENDED]
0
20. The authority citation for 15 CFR part 762 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
Sec. 762.6 [Amended]
0
21. Section 762.6(b) is amended by removing the citation ``Sec.
765.5(c)(4)(ii)'' and adding ``Sec. 764.5(c)(4)(ii)'' in its place.
PART 772--[AMENDED]
0
22. The authority citation for 15 CFR part 772 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
3, 2006, 71 FR 44551 (August 7, 2006).
Sec. 772.1 [Amended]
0
23. Section 772.1 is amended by removing the citation ``Sec.
750.4(c)'' in the definition of ``Hold Without Action (HWA)'' and
adding ``Sec. 750.4(b)'' in its place.
PART 774--[AMENDED]
0
24. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et
seq.; 22 U.S.C. 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30
U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L.
106-387; Sec. 221, Pub. L. 107-56; 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 3, 2006, 71 FR 44551 (August 7, 2006).
Supplement No. 1 to Part 774--The Commerce Control List--[Amended]
0
25. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0-Nuclear Materials, Facilities, and Equipment [and
Miscellaneous Items], Export Control Classification Number (ECCN) 0A987
is amended by adding a ``License Exceptions'' section and a ``List of
Items Controlled'' section, after the ``License Requirements'' section,
to read as follows:
0A987 Optical sighting devices for firearms (including shotguns
controlled by 0A984); and parts, n.e.s.
License Requirements
* * * * *
License Exceptions
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Unit: $ value
Related Controls: N/A
Related Definitions: N/A
Items: The list of items controlled is contained in the ECCN
heading.
0
26. In Supplement No. 1 to part 774 (the Commerce Control List),
Category
[[Page 43533]]
1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', Export
Control Classification Number (ECCN) 1B018 is amended by revising the
Heading to read as follows:
1B018 Equipment on the Wassenaar Arrangement Munitions List.
* * * * *
0
27. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1C239 is amended by
revising the ``Reason for Control'' paragraph of the ``License
Requirements'' section and the ``Related Controls'' paragraph in the
``List of Items Controlled'' section to read as follows:
1C239 High explosives, other than those controlled by the U.S.
Munitions List, or substances or mixtures containing more than 2% by
weight thereof, with a crystal density greater than 1.8 g/cm \3\ and
having a detonation velocity greater than 8,000 m/s.
License Requirements
Reason for Control: NP, AT
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: (1) See ECCNs 1E001 (``development'' and
``production'') and 1E201 (``use'') for technology for items controlled
by this entry. (2) See ECCNs 1C018 (commercial charges and devices
containing energetic materials on the Wassenaar Arrangement Munitions
List and certain chemicals as follows) and 1C992 (commercial charges
and devices containing energetic materials, n.e.s and nitrogen
trifluoride in a gaseous state). (3) High explosives for military use
are subject to the export licensing authority of the U.S. Department of
State, Directorate of Defense Trade Controls (see 22 CFR part 121.12).
* * * * *
0
28. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'',
Export Control Classification Number (ECCN) 1C240 is amended by
revising the ``Reason for Control'' paragraph of the ``License
Requirements'' section to read as follows:
1C240 Nickel powder or porous nickel metal, other than those described
in 0C006, as follows (see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
* * * * *
0
29. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 2--Materials Processing, Export Control Classification Number
(ECCN) 2B018 is amended by revising the Heading to read as follows:
2B018 Equipment on the Wassenaar Arrangement Munitions List.
* * * * *
0
30. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6D001 is amended by revising the Heading and ``Related
Controls'' paragraph of the ``List of Items Controlled'' section as
follows:
6D001 ``Software'' specially designed for the ``development'' or
``production'' of equipment controlled by 6A004, 6A005, 6A008, or
6B008.
* * * * *
List of Items Controlled
Unit: * * *
Related Controls: ``Software'' specially designed for the
``development'' or ``production'' of ``space qualified'' components for
optical systems defined in 6A004.c and ``space qualified'' optical
control equipment defined in 6A004.d.1 is subject to the export
licensing authority of the Department of State, Directorate of Defense
Trade Controls (22 CFR part 121). See also 6D991, and ECCN 6E001
(``development'') for ``technology'' for items controlled under this
entry.
* * * * *
0
31. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, Export Control Classification Number 8A018 is
amended by revising the Heading to read as follows:
8A018 Items on the Wassenaar Arrangement Munitions List.
* * * * *
Dated: July 30, 2007.
Christopher A. Padilla,
Assistant Secretary for Export Administration.
[FR Doc. E7-15099 Filed 8-3-07; 8:45 am]
BILLING CODE 3510-33-P