80 FR 70676 - Amendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 Items

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 220 (November 16, 2015)

Page Range		70676-70679
FR Document		2015-28978

In this interim final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to make certain items subject to the EAR and to impose on those items a license requirement for export and reexport to all destinations, except Canada. Specifically, this rule classifies the specified XBS Epoxy System under Export Control Classification Number (ECCN) 0C521 on the Commerce Control List (CCL). As described in the final rule that established the 0Y521 series and that was published in the Federal Register on April 13, 2012, items are added to the 0Y521 series upon a determination by the Department of Commerce, with the concurrence of the Departments of Defense and State, that the items should be controlled for export because the items provide at least a significant military or intelligence advantage to the United States or foreign policy reasons justify control. The items identified in this rule are controlled for regional stability (RS) Column 1 reasons. The only license exception available for these items is for exports, reexports, and transfers (in-country) made by or consigned to a department or agency of the U.S. Government. In this rule, BIS also removes technology and software related to aircraft wing folding systems.

Federal Register, Volume 80 Issue 220 (Monday, November 16, 2015)

[Federal Register Volume 80, Number 220 (Monday, November 16, 2015)]
[Rules and Regulations]
[Pages 70676-70679]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28978]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No.150825777-5777-01]
RIN 0694-AG70


Amendment to the Export Administration Regulations to Add XBS 
Epoxy System to the List of 0Y521 Series; Technical Amendment to Update 
Other 0Y521 Items

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Interim final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: In this interim final rule, the Bureau of Industry and 
Security (BIS) amends the Export Administration Regulations (EAR) to 
make certain items subject to the EAR and to impose on those items a 
license requirement for export and reexport to all destinations, except 
Canada. Specifically, this rule classifies the specified XBS Epoxy 
System under Export Control Classification Number (ECCN) 0C521 on the 
Commerce Control List (CCL). As described in the final rule that 
established the 0Y521 series and that

[[Page 70677]]

was published in the Federal Register on April 13, 2012, items are 
added to the 0Y521 series upon a determination by the Department of 
Commerce, with the concurrence of the Departments of Defense and State, 
that the items should be controlled for export because the items 
provide at least a significant military or intelligence advantage to 
the United States or foreign policy reasons justify control. The items 
identified in this rule are controlled for regional stability (RS) 
Column 1 reasons. The only license exception available for these items 
is for exports, reexports, and transfers (in-country) made by or 
consigned to a department or agency of the U.S. Government. In this 
rule, BIS also removes technology and software related to aircraft wing 
folding systems.

DATES: This rule is effective November 16, 2015. Comments must be 
received by January 15, 2016. Comments requested on the addition of the 
0C521 item only.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. The identification number for this rulemaking is 
BIS-2015-0043.
     By email directly to: [email protected]. Include 
RIN 0694-AG70 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau 
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th 
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN 
0694-AG70.

FOR FURTHER INFORMATION CONTACT: Michael Rithmire, Electronics and 
Materials Division, Office of National Security and Technology Transfer 
Controls by phone at (202) 482-6105 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION: 

Background

    BIS established the ECCN 0Y521 series to identify items that 
warrant control on the CCL but are not yet identified in an existing 
ECCN (77 FR 22191, April 13, 2012). Items are added to the ECCN 0Y521 
series by the Department of Commerce, with the concurrence of the 
Departments of Defense and State, upon a determination that an item 
should be controlled because it provides at least a significant 
military or intelligence advantage to the United States or because 
foreign policy reasons justify such control. The ECCN 0Y521 series is a 
temporary holding classification with a limitation that while an item 
is temporarily classified under ECCN 0Y521, the U.S. Government works 
to adopt a control through the relevant multilateral regime(s), to 
determine an appropriate longer-term control over the item, or that the 
item does not warrant control on the CCL.
    Items classified under ECCN 0Y521, including the item identified in 
this interim final rule as an 0C521 item, remain so-classified for one 
year from the date a final rule identifying the item is published in 
the Federal Register amending the EAR, unless the item is re-classified 
under a different ECCN, under an EAR99 designation, or the 0Y521 
classification is extended. During this time, the U.S. Government 
determines whether it is appropriate to submit a proposed control to 
the applicable export control regime (e.g., the Wassenaar Arrangement) 
for potential multilateral control, with the understanding that 
multilateral controls are preferable when practical. An item's ECCN 
0Y521 classification may be extended for two one-year periods to 
provide time for the U.S. Government and multilateral regime(s) to 
reach agreement on controls for the item, and provided that the U.S. 
Government has submitted a proposal to obtain multilateral controls 
over the item. Further extension beyond three years may occur only if 
the Under Secretary for Industry and Security makes a determination 
that such extension is in the national security or foreign policy 
interests of the United States. An extension or re-extension, including 
a determination by the Under Secretary for Industry and Security, will 
be published in the Federal Register.

License Requirements, Policies and Exceptions

    The license requirements and policies for the ECCN 0Y521 series 
appear in Sec.  742.6(a)(7) of the EAR. ECCN 0Y521 items are subject to 
a nearly worldwide license requirement (i.e., for every country except 
Canada) with a case-by-case license review policy, through regional 
stability (RS Column 1) controls. The description and status of ECCN 
0Y521 items appear in Supplement No. 5 to part 774 of the EAR, along 
with any item-specific license exceptions, where applicable. Unless 
otherwise indicated, License Exception GOV is the only license 
exception available and is applicable to all ECCN 0Y521 series items, 
including those items identified in this document, if the item is 
within the scope of Sec.  740.11(b)(2)(ii) (Exports, reexports, and 
transfers (in-country) made by or consigned to a department or agency 
of the U.S. Government), as provided in Sec.  740.2(a)(14).

Addition of ECCN 0C521 Item: XBS Epoxy System

    In this rule, BIS amends the EAR to make the specified XBS Epoxy 
System subject to the EAR and impose a license requirement on the item. 
This item is being added to the 0Y521 series pursuant to a 
determination by the Department of Commerce, with the concurrence of 
the Departments of State and Defense, that the item should be 
controlled because it provides a significant military or intelligence 
advantage to the United States or because foreign policy reasons 
justify such controls. The specified XBS Epoxy System is classified 
under ECCN 0C521 No. 1. The control, which appears in the table found 
in Supplement No. 5 to part 774 of the EAR, covers an Epoxy system 
designed to obfuscate critical technology components against X-ray and 
terahertz microscopy imaging attempts.

License Applications for the New ECCN 0C521 Item

    License applications for this item may be submitted through SNAP-R 
in accordance with Sec.  748.6 of the EAR. Exporters are directed to 
include detailed descriptions and technical specifications with the 
license application, and identify the item as 0C521.

Technical Amendment: Removal of No. 3 0D521 and No. 2 0E521 Items, 
Aircraft Wing Folding Systems, From Supplement No. 5 to Part 774

    In this rule, BIS also removes references to aircraft wing folding 
systems ``software'' and related ``technology'' listed, prior to this 
rule, as entries No. 3 0D521 and No. 2 0E521, respectively, in 
Supplement No. 5 to part 774. The references to these items are 
obsolete because, in accordance with procedure established in the April 
13, 2012, final rule, the U.S. Government adopted a control through the 
relevant multilateral regime(s), which determined an appropriate 
longer-term control over the item. The wing fold system ``software'' is 
now controlled by ECCN 9D001, and the ``technology'' is controlled by 
ECCN 9E003.j on the CCL. A final rule published in the Federal Register 
May 21, 2015 (80 FR 29431), and which went into effect the same day, 
implemented the 2014 Wassenaar Plenary Agreements by establishing new 
controls on the items, rendering their 0Y521 status obsolete. BIS is 
not soliciting public comments on the removal provisions.
    The rule is being issued in interim final form because while the

[[Page 70678]]

government believes that it is in the national security interests of 
the United States to immediately implement these controls, it also 
wants to provide the interested public with an opportunity to comment 
on the new controls of the XBS Epoxy System. Comments may be submitted 
in accordance with the DATES and ADDRESSES sections of this rule.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 7, 2015, 80 FR 48233 (August 11, 2015), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act. BIS continues to carry out the provisions of the 
Export Administration Act, as appropriate and to the extent permitted 
by law, pursuant to Executive Order 13222 as amended by Executive Order 
13637.

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, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been determined to be not significant for 
purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor is subject to a penalty for failure to 
comply with, a collection of information, subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
control number. This rule affects two approved collections: (1) The 
Simplified Network Application Processing + System (control number 
0694-0088), which carries a burden hour estimate of 43.8 minutes, 
including the time necessary to submit license applications, among 
other things, as well as miscellaneous and other recordkeeping 
activities that account for 12 minutes per submission; and (2) License 
Exceptions and Exclusions (0694-0137). With these initial 0Y521 series 
items, BIS does not believe that this rule will materially increase the 
number of submissions under these collections.
    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 prior notice, the opportunity for public comment and a 
delay in effective date are inapplicable because this regulation 
involves a military or foreign affairs function of the United States 
(See 5 U.S.C. 553(a)(1)). BIS, with the concurrence of the U.S. 
Departments of Defense and State, is implementing this rule because the 
item identified for the ECCN 0Y521 series in this rule provide a 
significant military or intelligence advantage to the United States. 
Immediate imposition of a license requirement is necessary to effect 
the national security and foreign policy goals of this rule. Immediate 
implementation will allow BIS to prevent exports of these items to 
users and for uses that pose a national security threat to the United 
States or its allies. If BIS delayed this rule to allow for prior 
notice and opportunity for public comment, the resulting delay in 
implementation would afford an opportunity for the export of these 
items to users and uses that pose such a national security threat, 
thereby undermining the purpose of the rule. In addition, if parties 
receive notice of the U.S. Government's intention to control these 
items under 0Y521 once a final rule was published, they might have an 
incentive to either accelerate orders of these items or attempt to have 
the items exported prior to the imposition of the control. In addition, 
prior notice and opportunity for public comment is unnecessary for the 
amendment to remove references to wing folding technology and software. 
The removal of the references updates Supplement No. 5 to part 774 and 
ensures that it accurately reflects the legal status of those items now 
classified under other ECCNs under the EAR. This amendment also serves 
to avoid confusing readers about the items' current status.
    Further, BIS finds good cause to waive the 30-day delay in 
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation of 
these changes will allow BIS to prevent exports of these items to users 
and for uses that pose a national security threat to the United States 
or its allies. If BIS delayed this rule to allow for a 30-day delay in 
effectiveness, the resulting delay in implementation would afford an 
opportunity for the export of these items to users and uses that pose 
such a national security threat, thereby undermining the purpose of the 
rule. BIS also finds good cause to waive the 30-delay in effectiveness 
for the implementation of the amendment to remove items because the 
amendment will assist in clarifying the current status of the wing 
folding technology and software, eliminating any possible confusion. 
Furthermore, the amendment is not a substantive change. 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. Although 
notice and opportunity for comment are not required, BIS is issuing 
this rule as an interim final rule with a request for comments. All 
comments must be in writing and submitted via one or more of the 
methods listed under the ADDRESSES caption to this document. All 
comments (including any personal identifiable information) will be 
available for public inspection and copying. Those wishing to comment 
anonymously may do so by submitting their comment via regulations.gov 
and leaving the fields for identifying information blank.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15 
CFR parts 730-774) is amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 7, 2015, 80 FR 48233 (August 11, 2015).

0
2. Supplement No. 5 to part 774 is revised to read as follows:

SUPPLEMENT NO. 5 TO PART 774--ITEMS CLASSIFIED UNDER ECCNS 0A521, 
0B521, 0C521, 0D521 AND 0E521

    The following table lists items subject to the EAR that are not 
listed elsewhere in the CCL, but which the Department of Commerce, 
with the concurrence of the Departments of Defense and State, has

[[Page 70679]]

identified warrant control for export or reexport because the items 
provide at least a significant military or intelligence advantage to 
the United States or for foreign policy reasons.

----------------------------------------------------------------------------------------------------------------
                                                                Date when the item will
      Item descriptor. Note: The          Date of initial or      be designated EAR99,
   description must match by model         subsequent  BIS       unless reclassified in   Item-specific license
 number or a broader descriptor that    classification  (ID =     another ECCN or the     exception eligibility
   does not necessarily need to be       initial date;  SD =    0Y521 classification is
           company specific                subsequent date)             reissued
----------------------------------------------------------------------------------------------------------------
                                    0A521. Systems, Equipment and Components
----------------------------------------------------------------------------------------------------------------
                                                   [RESERVED]
----------------------------------------------------------------------------------------------------------------
                                0B521. Test, Inspection and Production Equipment
----------------------------------------------------------------------------------------------------------------
                                                   [RESERVED]
----------------------------------------------------------------------------------------------------------------
                                                0C521. Materials
----------------------------------------------------------------------------------------------------------------
No. 1 XBS Epoxy system designed to     November 16, 2015 (ID).  November 16, 2016......  License Exception GOV
 obfuscate critical technology                                                            under Sec.
 components against x-ray and                                                             740.11(b)(2)(ii) only
 terahertz microscopy imaging
 attempts.
----------------------------------------------------------------------------------------------------------------
No. 2 [RESERVED].....................  [RESERVED].............  [RESERVED].............  [RESERVED]
----------------------------------------------------------------------------------------------------------------
                                                 0D521. Software
----------------------------------------------------------------------------------------------------------------
                                                   [RESERVED]
----------------------------------------------------------------------------------------------------------------
                                                0E521. Technology
----------------------------------------------------------------------------------------------------------------
                                                   [RESERVED]
----------------------------------------------------------------------------------------------------------------


    Dated: November 9, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-28978 Filed 11-13-15; 8:45 am]
 BILLING CODE 3510-33-P

70676 Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations

rulemaking and the opportunity for 0152 in Supplement No. 1 to part 730. U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
public participation are waived for good This change is necessary to ensure U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a;
cause because they are unnecessary and immediate, accurate and complete 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22
contrary to the public interest. (See 5 implementation of the purposes of the U.S.C. 7210; E.O. 11912, 41 FR 15825, 3 CFR,
1976 Comp., p. 114; E.O. 12002, 42 FR 35623,
U.S.C. 553(b)(B)). The changes August 26, 2015 final rule. 3 CFR, 1977 Comp., p. 133; E.O. 12058, 43
contained in this rule are technical Further, no other law requires that a FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
corrections of a previously published notice of proposed rulemaking and an 12214, 45 FR 29783, 3 CFR, 1980 Comp., p.
final rule. This rule is necessary to opportunity for public comment be 256; E.O. 12851, 58 FR 33181, 3 CFR, 1993
prevent confusion caused by the given for this final rule. Because a Comp., p. 608; E.O. 12854, 58 FR 36587, 3
continued inclusion in Supplement No. notice of proposed rulemaking and an CFR, 1993 Comp., p. 179; E.O. 12918, 59 FR
1 to part 730 of references to the opportunity for public comment are not 28205, 3 CFR, 1994 Comp., p. 899; E.O.
sections of the EAR that were removed required to be given for this rule under 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
by the August 26, 2015 rule. Collection the Administrative Procedure Act or by 950; E.O. 12947, 60 FR 5079, 3 CFR, 1995
Comp., p. 356; E.O. 12981, 60 FR 62981, 3
number, ‘‘0607–0152,’’ needs to be any other law, the analytical
CFR, 1995 Comp., p. 419; E.O. 13020, 61 FR
revised for purposes of removing all the requirements of the Regulatory 54079, 3 CFR, 1996 Comp., p. 219; E.O.
SCL provisions from the EAR. Flexibility Act (5 U.S.C. 601 et seq.) are 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
Therefore, this change is essential to not applicable. Therefore, this 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998
ensure the accurate and complete regulation is issued in final form. Comp., p. 208; E.O. 13222, 66 FR 44025, 3
implementation of the changes intended CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR
List of Subjects in CFR Part 730 49079, 3 CFR, 2001 Comp., p. 786; E.O.
by the August 26, 2015 final rule.
The provision of the Administrative Administrative practice and 13338, 69 FR 26751, 3 CFR, 2004 Comp., p
procedure, Advisory committees, 168; E.O. 13637 of March 8, 2013, 78 FR
Procedure Act (5 U.S.C. 553) requiring 16129 (March 13, 2013); Notice of September
a 30-day delay in effectiveness is also Exports, Reporting and recordkeeping
requirements, Strategic and critical 17, 2014, 79 FR 56475 (September 19, 2014);
waived for good cause. (5 U.S.C. Notice of November 7, 2014, 79 FR 67035
553(d)(3)). The correction contained in materials.
(November 12, 2014); Notice of January 21,
this final rule is merely a technical For the reasons stated in the
2015, 80 FR 3461 (January 22, 2015); Notice
correction necessitated by a preamble, part 730 of the Export of May 6, 2015, 80 FR 26815 (May 8, 2015);
typographical error in a previously Administration Regulations (15 CFR Notice of August 7, 2015, 80 FR 48233
published rule, for which a notice, parts 730–774) is amended as follows: (August 11, 2015); Notice of September 18,
comment and delay were completed. 2015, 80 FR 57281 (September 22, 2015).
PART 730—[AMENDED]
The revisions made in this rule are Supplement No. 1 to Part 730—
technical corrections which should be ■ 1. The authority citation for 15 CFR [Amended]
in place as soon as possible to avoid part 730 continues to read as follows:
confusion caused by the incorrect Authority: 50 U.S.C. app. 2401 et seq.; 50 ■ 2. Supplement No. 1 to part 730 is
inclusion of references to sections of the U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. amended by revising the entry for
EAR removed by the August 26, 2015 7430(e); 22 U.S.C. 287c; 22 U.S.C. 2151 note; Collection number ‘‘0607–0152’’ to read
rule in OMB Collection number 0607– 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 30 as follows:

SUPPLEMENT NO. 1 TO PART 730—INFORMATION COLLECTION REQUIREMENTS UNDER THE PAPERWORK REDUCTION ACT:
OMB CONTROL NUMBERS

* * * * * * *

Collection No. Title Reference in the EAR

* * * * * * *
0607–0152 ................. Automated Export System (AES) Program ....................................... §§ 740.1(d), 740.3(a)(3), 754.2(h), 754.4(c), 758.1,
758.2, and 758.3 of the EAR.

Dated: November 5, 2015. DEPARTMENT OF COMMERCE ACTION:Interim final rule with request
Karen H. Nies-Vogel, for comments.
Director, Office of Exporter Services. Bureau of Industry and Security
SUMMARY: In this interim final rule, the
[FR Doc. 2015–29084 Filed 11–13–15; 8:45 am]
15 CFR Part 774 Bureau of Industry and Security (BIS)
BILLING CODE 3510–33–P amends the Export Administration
[Docket No.150825777–5777–01] Regulations (EAR) to make certain items
subject to the EAR and to impose on
RIN 0694–AG70 those items a license requirement for
asabaliauskas on DSK5VPTVN1PROD with RULES

Amendment to the Export export and reexport to all destinations,
Administration Regulations to Add except Canada. Specifically, this rule
XBS Epoxy System to the List of 0Y521 classifies the specified XBS Epoxy
Series; Technical Amendment to System under Export Control
Update Other 0Y521 Items Classification Number (ECCN) 0C521 on
the Commerce Control List (CCL). As
AGENCY: Bureau of Industry and described in the final rule that
Security, Commerce. established the 0Y521 series and that

VerDate Sep<11>2014 16:20 Nov 13, 2015 Jkt 238001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\16NOR1.SGM 16NOR1

Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations 70677

was published in the Federal Register Government works to adopt a control Addition of ECCN 0C521 Item: XBS
on April 13, 2012, items are added to through the relevant multilateral Epoxy System
the 0Y521 series upon a determination regime(s), to determine an appropriate In this rule, BIS amends the EAR to
by the Department of Commerce, with longer-term control over the item, or make the specified XBS Epoxy System
the concurrence of the Departments of that the item does not warrant control subject to the EAR and impose a license
Defense and State, that the items should on the CCL. requirement on the item. This item is
be controlled for export because the Items classified under ECCN 0Y521,
being added to the 0Y521 series
items provide at least a significant including the item identified in this
pursuant to a determination by the
military or intelligence advantage to the interim final rule as an 0C521 item,
remain so-classified for one year from Department of Commerce, with the
United States or foreign policy reasons concurrence of the Departments of State
justify control. The items identified in the date a final rule identifying the item
is published in the Federal Register and Defense, that the item should be
this rule are controlled for regional controlled because it provides a
stability (RS) Column 1 reasons. The amending the EAR, unless the item is
re-classified under a different ECCN, significant military or intelligence
only license exception available for advantage to the United States or
these items is for exports, reexports, and under an EAR99 designation, or the
0Y521 classification is extended. During because foreign policy reasons justify
transfers (in-country) made by or such controls. The specified XBS Epoxy
consigned to a department or agency of this time, the U.S. Government
determines whether it is appropriate to System is classified under ECCN 0C521
the U.S. Government. In this rule, BIS No. 1. The control, which appears in the
also removes technology and software submit a proposed control to the
applicable export control regime (e.g., table found in Supplement No. 5 to part
related to aircraft wing folding systems. 774 of the EAR, covers an Epoxy system
DATES: This rule is effective November the Wassenaar Arrangement) for
potential multilateral control, with the designed to obfuscate critical
16, 2015. Comments must be received technology components against X-ray
by January 15, 2016. Comments understanding that multilateral controls
are preferable when practical. An item’s and terahertz microscopy imaging
requested on the addition of the 0C521 attempts.
item only. ECCN 0Y521 classification may be
extended for two one-year periods to License Applications for the New ECCN
ADDRESSES: You may submit comments
provide time for the U.S. Government 0C521 Item
by any of the following methods:
and multilateral regime(s) to reach
• Federal eRulemaking Portal: http:// License applications for this item may
agreement on controls for the item, and
www.regulations.gov. The identification be submitted through SNAP–R in
provided that the U.S. Government has
number for this rulemaking is BIS– accordance with § 748.6 of the EAR.
submitted a proposal to obtain
2015–0043. Exporters are directed to include
• By email directly to: multilateral controls over the item.
Further extension beyond three years detailed descriptions and technical
publiccomments@bis.doc.gov. Include specifications with the license
RIN 0694–AG70 in the subject line. may occur only if the Under Secretary
for Industry and Security makes a application, and identify the item as
• By mail or delivery to Regulatory 0C521.
Policy Division, Bureau of Industry and determination that such extension is in
Security, U.S. Department of Commerce, the national security or foreign policy Technical Amendment: Removal of No.
Room 2099B, 14th Street and interests of the United States. An 3 0D521 and No. 2 0E521 Items, Aircraft
Pennsylvania Avenue NW., Washington, extension or re-extension, including a Wing Folding Systems, From
DC 20230. Refer to RIN 0694–AG70. determination by the Under Secretary Supplement No. 5 to Part 774
for Industry and Security, will be
FOR FURTHER INFORMATION CONTACT: In this rule, BIS also removes
published in the Federal Register.
Michael Rithmire, Electronics and references to aircraft wing folding
Materials Division, Office of National License Requirements, Policies and systems ‘‘software’’ and related
Security and Technology Transfer Exceptions ‘‘technology’’ listed, prior to this rule, as
Controls by phone at (202) 482–6105 or The license requirements and policies entries No. 3 0D521 and No. 2 0E521,
by email at Michael.Rithmire@ for the ECCN 0Y521 series appear in respectively, in Supplement No. 5 to
bis.doc.gov. § 742.6(a)(7) of the EAR. ECCN 0Y521 part 774. The references to these items
SUPPLEMENTARY INFORMATION: items are subject to a nearly worldwide are obsolete because, in accordance with
license requirement (i.e., for every procedure established in the April 13,
Background country except Canada) with a case-by- 2012, final rule, the U.S. Government
BIS established the ECCN 0Y521 case license review policy, through adopted a control through the relevant
series to identify items that warrant regional stability (RS Column 1) multilateral regime(s), which
control on the CCL but are not yet controls. The description and status of determined an appropriate longer-term
identified in an existing ECCN (77 FR ECCN 0Y521 items appear in control over the item. The wing fold
22191, April 13, 2012). Items are added Supplement No. 5 to part 774 of the system ‘‘software’’ is now controlled by
to the ECCN 0Y521 series by the EAR, along with any item-specific ECCN 9D001, and the ‘‘technology’’ is
Department of Commerce, with the license exceptions, where applicable. controlled by ECCN 9E003.j on the CCL.
concurrence of the Departments of Unless otherwise indicated, License A final rule published in the Federal
Defense and State, upon a determination Exception GOV is the only license Register May 21, 2015 (80 FR 29431),
that an item should be controlled exception available and is applicable to and which went into effect the same
asabaliauskas on DSK5VPTVN1PROD with RULES

because it provides at least a significant all ECCN 0Y521 series items, including day, implemented the 2014 Wassenaar
military or intelligence advantage to the those items identified in this document, Plenary Agreements by establishing new
United States or because foreign policy if the item is within the scope of controls on the items, rendering their
reasons justify such control. The ECCN § 740.11(b)(2)(ii) (Exports, reexports, 0Y521 status obsolete. BIS is not
0Y521 series is a temporary holding and transfers (in-country) made by or soliciting public comments on the
classification with a limitation that consigned to a department or agency of removal provisions.
while an item is temporarily classified the U.S. Government), as provided in The rule is being issued in interim
under ECCN 0Y521, the U.S. § 740.2(a)(14). final form because while the

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Federal Register / Vol. 80, No. 220 / Monday, November 16, 2015 / Rules and Regulations 70679

identified warrant control for export or to the United States or for foreign policy
reexport because the items provide at least a reasons.
significant military or intelligence advantage

Date of initial or Date when the item will be
Item descriptor. subsequent designated EAR99, unless
Note: The description must match by model number or Item-specific license
BIS classification reclassified in another
a broader descriptor that does not necessarily need to exception eligibility
(ID = initial date; ECCN or the 0Y521 classi-
be company specific SD = subsequent date) fication is reissued

0A521. Systems, Equipment and Components

[RESERVED]

0B521. Test, Inspection and Production Equipment

[RESERVED]

0C521. Materials

No. 1 XBS Epoxy system designed to obfuscate critical November 16, 2015 (ID) ... November 16, 2016 ........... License Exception GOV
technology components against x-ray and terahertz under § 740.11(b)(2)(ii)
microscopy imaging attempts. only

No. 2 [RESERVED] ......................................................... [RESERVED] ..................... [RESERVED] ..................... [RESERVED]

0D521. Software

[RESERVED]

0E521. Technology

[RESERVED]

Dated: November 9, 2015. of tobacco products under the Family reference 3. We are also placing a
Kevin J. Wolf, Smoking Prevention and Tobacco corrected copy of the rule in the docket.
Assistant Secretary for Export Control Act (Tobacco Control Act). The In FR Doc. 2015–24219, appearing on
Administration. final rule also included amendments to page 57531 in the Federal Register of
[FR Doc. 2015–28978 Filed 11–13–15; 8:45 am] certain environmental impact Thursday, September 24, 2015 (80 FR
BILLING CODE 3510–33–P regulations to include tobacco products, 57531), FDA is making the following
where appropriate, in light of its corrections:
authority under the Tobacco Control
Act. 1. On page 57533, in the second
DEPARTMENT OF HEALTH AND column, under the Response for
The document published with
HUMAN SERVICES Comment 1, add ‘‘(Ref. 3)’’ at the end of
technical errors in reference numbers
the second sentence.
Food and Drug Administration cited in the document. This document
corrects those errors. We are placing a 2. On page 57535, in the first column,
corrected copy of the rule in the docket. under section IX, ‘‘2. Statement of
21 CFR Part 25
DATES: Effective on November 16, 2015.
RADM David Ashley, Ph.D. and
[Docket No. FDA–2013–N–1282] Hoshing Chang, Ph.D., ‘Impact of
FOR FURTHER INFORMATION CONTACT: Tobacco Products on the
National Environmental Policy Act; Katherine Collins, Center for Tobacco Environment.’ ’’ is corrected to read ‘‘2.
Environmental Assessments for Products, Food and Drug ‘Final Regulatory Impact Analysis,’
Tobacco Products; Categorical Administration, Document Control Food and Drug Administration,
Exclusions; Correction Center, Bldg. 71, Rm. G335, 10903 New available at http://www.fda.gov/About
Hampshire Ave., Silver Spring, MD FDA/ReportsManualsForms/Reports/
AGENCY: Food and Drug Administration, 20993–0002, 877–287–1373, CTP EconomicAnalyses/default.htm.’
HHS. Regulations@fda.hhs.gov.
3. On page 57535, in the first column,
ACTION: Final rule; correction. SUPPLEMENTARY INFORMATION: FDA is under section IX, add ‘‘3. Statement of
correcting the preamble to the RADM David Ashley, Ph.D. and
SUMMARY: The Food and Drug September 24, 2015 (80 FR 57531), final Hoshing Chang, Ph.D., ‘Impact of
Administration (FDA or we) is rule entitled, ‘‘National Environmental Tobacco Products on the Environment.’
correcting the preamble to a final rule
asabaliauskas on DSK5VPTVN1PROD with RULES

Policy Act; Environmental Assessments
that appeared in the Federal Register of for Tobacco Products; Categorical Dated: November 9, 2015.
September 24, 2015. This final rule Exclusions.’’ The document published Leslie Kux,
provided FDA with categorical with three technical errors in reference Associate Commissioner for Policy.
exclusions from the requirement to numbers cited in the document. This [FR Doc. 2015–28848 Filed 11–13–15; 8:45 am]
prepare environmental assessments for document corrects those errors. We are BILLING CODE 4164–01–P
certain actions regarding the marketing correcting reference 2 and adding new

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Document Created: 2015-12-14 14:12:46
Document Modified: 2015-12-14 14:12:46

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim final rule with request for comments.
Dates		This rule is effective November 16, 2015. Comments must be received by January 15, 2016. Comments requested on the addition of the 0C521 item only.
Contact		Michael Rithmire, Electronics and Materials Division, Office of National Security and Technology Transfer Controls by phone at (202) 482-6105 or by email at [email protected]
FR Citation		80 FR 70676
RIN Number		0694-AG70
CFR Associated		Exports and Reporting and Recordkeeping Requirements

80 FR 70676 - Amendment to the Export Administration Regulations to Add XBS Epoxy System to the List of 0Y521 Series; Technical Amendment to Update Other 0Y521 Items

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 80, Issue 220 (November 16, 2015)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security