81 FR 52326 - Amendment to the Export Administration Regulations To Add Targets for the Production of Tritium and Related Development and Production Technology to the List of 0Y521 Series

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 152 (August 8, 2016)

Page Range		52326-52329
FR Document		2016-18070

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 certain specified targets ``specially designed'' for the production of tritium and related ``development'' and ``production'' technology under Export Control Classification Numbers (ECCNs) 0A521 and 0E521, respectively, 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, and other agencies as appropriate, 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. In this matter, the Department of Energy also concurred in the control imposed. 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.

Federal Register, Volume 81 Issue 152 (Monday, August 8, 2016)

[Federal Register Volume 81, Number 152 (Monday, August 8, 2016)]
[Rules and Regulations]
[Pages 52326-52329]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-18070]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 160303184-6184-01]
RIN 0694-AG90

Amendment to the Export Administration Regulations To Add Targets
for the Production of Tritium and Related Development and Production
Technology to the List of 0Y521 Series

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 certain specified targets
``specially designed'' for the production of tritium and related
``development'' and ``production'' technology under Export Control
Classification Numbers (ECCNs) 0A521 and 0E521, respectively, 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, and other agencies as
appropriate, 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. In this
matter, the Department of Energy also concurred in the control imposed.
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.

[[Page 52327]]

DATES: This rule is effective August 8, 2016. Comments must be received
by October 7, 2016.

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-2016-0027.
By email directly to: doc.gov">[email protected]doc.gov. Include
RIN 0694-AG90 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-AG90.

FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and
Missile Technology Controls Division, Office of Nonproliferation and
Treaty Compliance, by phone at (202) 482-1641, or by email at
[email protected] doc.gov.

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, and other agencies as appropriate,
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. In this matter, the Department of Energy also concurred in the
control imposed. 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), in this case the
Nuclear Suppliers Group, 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 items identified
in this interim final rule as 0A521 and 0E521 items, 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 Nuclear
Suppliers Group) 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 notice, 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 0A521 and 0E521 Items: Targets for the Production of
Tritium and Related ``Development'' and ``Production'' Technology

In this rule, BIS amends the EAR to make targets made of or
containing lithium ``specially designed'' for the production of tritium
by insertion in the core of a nuclear reactor and related
``development'' and ``production'' technology subject to the EAR and
imposes a license requirement on the items. These items are being added
to the 0Y521 series pursuant to a determination by the Department of
Commerce, with the concurrence of the Departments of Defense, State and
Energy, that the items should be controlled because they provide a
significant military or intelligence advantage to the United States or
because foreign policy reasons justify such controls.
ECCN 0A521 No. 1, which appears in the table found in Supplement
No. 5 to part 774 of the EAR, covers targets made of or containing
lithium ``specially designed'' for the production of tritium by
insertion in the core of a nuclear reactor.
ECCN 0E521 No. 1 covers technology required for the ``development''
or ``production'' of items classified under ECCN 0A521 No. 1.

License Applications for the New ECCN 0A521 and 0E521 Items

License applications for these items 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's ECCN.
The rule is being issued in interim final form because while the
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 items. Comments may be submitted in
accordance with the DATES and ADDRESSES sections of this rule. BIS will
review and, if appropriate, address such comments through rulemaking
consistent with the process described in the April 13, 2012 final rule
creating the ECCN 0Y521 series (77 FR 22191).

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

[[Page 52328]]

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). 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
items 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.
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. 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 notice. 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; 42 U.S.C. 2139a; 42 U.S.C. 6212; 15 U.S.C.
1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2015, 80 FR
48233 (August 11, 2015).

0
2. Amend Supplement No. 5 to Part 774 by:
0
A. In the table, remove the reserved entry under 0A521 and add in its
place entry No. 1.
0
B. In the table, remove the reserved entry under 0E521 and add in its
place entry No. 1.
The additions 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
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.

----------------------------------------------------------------------------------------------------------------
Item descriptor Note: The Date when the item will be
description must match by model Date of initial or designated EAR99, unless Item-specific
number or a broader descriptor subsequent BIS reclassified in another ECCN license exception
that does not necessarily need classification (ID = initial or the 0Y521 classification eligibility
to be company specific date; SD = subsequent date) is reissued
----------------------------------------------------------------------------------------------------------------
0A521. Systems, Equipment and Components.
----------------------------------------------------------------------------------------------------------------
No. 1 Targets made of or August 8, 2016 (ID).......... August 8, 2017............... License Exception
containing lithium ``specially GOV under Sec.
designed'' for the production 740.11(b)(2)(ii)
of tritium by insertion in the only.
core of a nuclear reactor.

[[Page 52329]]

* * * * * * *
----------------------------------------------------------------------------------------------------------------
0E521. Technology.
----------------------------------------------------------------------------------------------------------------
No. 1 ``Technology'' required August 8, 2016 (ID).......... August 8, 2017............... License Exception
for the ``development'' or GOV under Sec.
``production'' of 0A521 No. 1 740.11(b)(2)(ii)
items. only.
----------------------------------------------------------------------------------------------------------------

Dated: July 25, 2016.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2016-18070 Filed 8-5-16; 8:45 am]
BILLING CODE 3510-33-P

52326 Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations

California has demonstrated that the 0.02 percent of the approximately $10 Done in Washington, DC, this 29th day of
State meets the criteria for accredited- billion earned from California’s cattle July 2016.
free status as set forth in the definition and milk sales. Kevin Shea,
of accredited-free State or zone in § 77.5 Entities that may be affected by the Administrator, Animal and Plant Health
of the regulations. interim rule fall into various categories Inspection Service.
Based on our evaluation of of the North American Industry [FR Doc. 2016–18428 Filed 8–5–16; 8:45 am]
California’s request, we are classifying Classification System. The majority of BILLING CODE 3410–34–P
the entire State of California as
the affected businesses are small
accredited-free.
entities.
Immediate Action Under these circumstances, the DEPARTMENT OF COMMERCE
Immediate action is warranted to Administrator of the Animal and Plant
relieve restrictions on the interstate Health Inspection Service has Bureau of Industry and Security
movement of cattle and bison from the determined that this action will not
State of California. Under these have a significant economic impact on 15 CFR Part 774
circumstances, the Administrator has a substantial number of small entities.
[Docket No. 160303184–6184–01]
determined that prior notice and
Executive Order 12372
opportunity for public comment are RIN 0694–AG90
contrary to the public interest and that This program/activity is listed in the
there is good cause under 5 U.S.C. 553 Catalog of Federal Domestic Assistance Amendment to the Export
for making this action effective less than under No. 10.025 and is subject to Administration Regulations To Add
30 days after publication in the Federal Executive Order 12372, which requires Targets for the Production of Tritium
Register. intergovernmental consultation with and Related Development and
We will consider comments we State and local officials. (See 2 CFR Production Technology to the List of
receive during the comment period for chapter IV.) 0Y521 Series
this interim rule (see DATES above).
After the comment period closes, we Executive Order 12988 AGENCY: Bureau of Industry and
will publish another document in the Security, Commerce.
Federal Register. The document will This rule has been reviewed under ACTION: Interim final rule with request
include a discussion of any comments Executive Order 12988, Civil Justice for comments.
we receive and any amendments we are Reform. This rule has no retroactive
making to the rule. effect and does not require SUMMARY: In this interim final rule, the
administrative proceedings before Bureau of Industry and Security (BIS)
Executive Order 12866 and Regulatory parties may file suit in court challenging amends the Export Administration
Flexibility Act this rule. Regulations (EAR) to make certain items
This interim rule is subject to subject to the EAR and to impose on
Paperwork Reduction Act
Executive Order 12866. However, for those items a license requirement for
this action, the Office of Management This rule contains no new export and reexport to all destinations,
and Budget has waived its review under information collection or recordkeeping except Canada. Specifically, this rule
Executive Order 12866. requirements under the Paperwork classifies certain specified targets
In accordance with the Regulatory Reduction Act of 1995 (44 U.S.C. 3501 ‘‘specially designed’’ for the production
Flexibility Act, we have analyzed the et seq.). of tritium and related ‘‘development’’
potential economic effects of this action and ‘‘production’’ technology under
on small entities. The analysis is List of Subjects in 9 CFR Part 77 Export Control Classification Numbers
summarized below. The full analysis (ECCNs) 0A521 and 0E521, respectively,
Animal diseases, Bison, Cattle,
may be viewed on the Regulations.gov on the Commerce Control List (CCL). As
Reporting and recordkeeping
Web site (see ADDRESSES above for described in the final rule that
requirements, Transportation,
instructions for accessing established the 0Y521 series and that
Tuberculosis.
Regulations.gov) or obtained from the was published in the Federal Register
person listed under FOR FURTHER Accordingly, we are amending 9 CFR on April 13, 2012, items are added to
INFORMATION CONTACT. part 77 as follows: the 0Y521 series upon a determination
Tuberculosis testing, including by the Department of Commerce, with
veterinary fees, costs approximately $10 PART 77—TUBERCULOSIS the concurrence of the Departments of
to $15 per head. Approximately 100,000 Defense and State, and other agencies as
tuberculosis tests were conducted in ■ 1. The authority citation for part 77 appropriate, that the items should be
California in 2015, to meet the import continues to read as follows: controlled for export because the items
requirements imposed by other States. Authority: 7 U.S.C. 8301–8317; 7 CFR provide at least a significant military or
Based on this information, the annual 2.22, 2.80, and 371.4. intelligence advantage to the United
cost savings associated with advancing States or foreign policy reasons justify
the tuberculosis status of California 77.7 [Amended] control. In this matter, the Department
from modified accredited advanced to of Energy also concurred in the control
accredited-free will range from $1 ■ 2. In § 77.7, paragraph (a) is amended imposed. The items identified in this
million to $1.5 million. We note that by adding the word ‘‘California,’’ after rule are controlled for regional stability
rmajette on DSK2TPTVN1PROD with RULES

Federal interstate movement testing the word ‘‘Arkansas,’’. (RS) Column 1 reasons. The only license
requirements for modified accredited 77.9 [Amended] exception available for these items is for
advanced States were suspended by a exports, reexports, and transfers (in-
Federal Order issued in April 2010. The ■ 3. In § 77.9, paragraph (a) is amended country) made by or consigned to a
$1 million to $1.5 million in savings by removing the word ‘‘California’’ and department or agency of the U.S.
that will be realized represents less than adding the word ‘‘None’’ in its place. Government.

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Federal Register / Vol. 81, No. 152 / Monday, August 8, 2016 / Rules and Regulations 52327

DATES: This rule is effective August 8, submit a proposed control to the Energy, that the items should be
2016. Comments must be received by applicable export control regime (e.g., controlled because they provide a
October 7, 2016. the Nuclear Suppliers Group) for significant military or intelligence
ADDRESSES: You may submit comments potential multilateral control, with the advantage to the United States or
by any of the following methods: understanding that multilateral controls because foreign policy reasons justify
• Federal eRulemaking Portal: http:// are preferable when practical. An item’s such controls.
www.regulations.gov. The identification ECCN 0Y521 classification may be ECCN 0A521 No. 1, which appears in
number for this rulemaking is BIS– extended for two one-year periods to the table found in Supplement No. 5 to
2016–0027. provide time for the U.S. Government part 774 of the EAR, covers targets made
• By email directly to: and multilateral regime(s) to reach of or containing lithium ‘‘specially
publiccomments@bis.doc.gov. Include agreement on controls for the item, and designed’’ for the production of tritium
RIN 0694–AG90 in the subject line. provided that the U.S. Government has by insertion in the core of a nuclear
• By mail or delivery to Regulatory submitted a proposal to obtain reactor.
Policy Division, Bureau of Industry and multilateral controls over the item. ECCN 0E521 No. 1 covers technology
Security, U.S. Department of Commerce, Further extension beyond three years required for the ‘‘development’’ or
Room 2099B, 14th Street and may occur only if the Under Secretary ‘‘production’’ of items classified under
Pennsylvania Avenue NW., Washington, for Industry and Security makes a ECCN 0A521 No. 1.
DC 20230. Refer to RIN 0694–AG90. determination that such extension is in
License Applications for the New ECCN
FOR FURTHER INFORMATION CONTACT:
the national security or foreign policy
0A521 and 0E521 Items
Steven Clagett, Director, Nuclear and interests of the United States. An
extension or re-extension, including a License applications for these items
Missile Technology Controls Division, may be submitted through SNAP–R in
Office of Nonproliferation and Treaty determination by the Under Secretary
for Industry and Security, will be accordance with § 748.6 of the EAR.
Compliance, by phone at (202) 482– Exporters are directed to include
1641, or by email at Steven.Clagett@bis published in the Federal Register.
detailed descriptions and technical
doc.gov. License Requirements, Policies and specifications with the license
SUPPLEMENTARY INFORMATION: Exceptions application, and identify the item’s
Background The license requirements and policies ECCN.
for the ECCN 0Y521 series appear in The rule is being issued in interim
BIS established the ECCN 0Y521 § 742.6(a)(7) of the EAR. ECCN 0Y521 final form because while the
series to identify items that warrant items are subject to a nearly worldwide government believes that it is in the
control on the CCL but are not yet license requirement (i.e., for every national security interests of the United
identified in an existing ECCN (77 FR country except Canada) with a case-by- States to immediately implement these
22191, April 13, 2012). Items are added case license review policy, through controls, it also wants to provide the
to the ECCN 0Y521 series by the regional stability (RS Column 1) interested public with an opportunity to
Department of Commerce, with the controls. The description and status of comment on the new controls of the
concurrence of the Departments of ECCN 0Y521 items appear in items. Comments may be submitted in
Defense and State, and other agencies as Supplement No. 5 to part 774 of the accordance with the DATES and
appropriate, upon a determination that EAR, along with any item-specific ADDRESSES sections of this rule. BIS will
an item should be controlled because it license exceptions, where applicable. review and, if appropriate, address such
provides at least a significant military or Unless otherwise indicated, License comments through rulemaking
intelligence advantage to the United Exception GOV is the only license consistent with the process described in
States or because foreign policy reasons exception available and is applicable to the April 13, 2012 final rule creating the
justify such control. In this matter, the all ECCN 0Y521 series items, including ECCN 0Y521 series (77 FR 22191).
Department of Energy also concurred in those items identified in this notice, if
the control imposed. The ECCN 0Y521 the item is within the scope of Export Administration Act
series is a temporary holding § 740.11(b)(2)(ii) (Exports, reexports, Although the Export Administration
classification with a limitation that and transfers (in-country) made by or Act expired on August 20, 2001, the
while an item is temporarily classified consigned to a department or agency of President, through Executive Order
under ECCN 0Y521, the U.S. the U.S. Government), as provided in 13222 of August 17, 2001, 3 CFR, 2001
Government works to adopt a control § 740.2(a)(14). Comp., p. 783 (2002), as amended by
through the relevant multilateral Executive Order 13637 of March 8,
regime(s), in this case the Nuclear Addition of ECCN 0A521 and 0E521
2013, 78 FR 16129 (March 13, 2013) and
Suppliers Group, to determine an Items: Targets for the Production of
as extended by the Notice of August 7,
appropriate longer-term control over the Tritium and Related ‘‘Development’’
2015, 80 FR 48233 (August 11, 2015),
item, or that the item does not warrant and ‘‘Production’’ Technology
has continued the Export
control on the CCL. In this rule, BIS amends the EAR to Administration Regulations in effect
Items classified under ECCN 0Y521, make targets made of or containing under the International Emergency
including the items identified in this lithium ‘‘specially designed’’ for the Economic Powers Act. BIS continues to
interim final rule as 0A521 and 0E521 production of tritium by insertion in the carry out the provisions of the Export
items, remain so-classified for one year core of a nuclear reactor and related Administration Act, as appropriate and
from the date a final rule identifying the ‘‘development’’ and ‘‘production’’ to the extent permitted by law, pursuant
item is published in the Federal technology subject to the EAR and
rmajette on DSK2TPTVN1PROD with RULES

to Executive Order 13222 as amended
Register amending the EAR, unless the imposes a license requirement on the by Executive Order 13637.
item is re-classified under a different items. These items are being added to
ECCN, under an EAR99 designation, or the 0Y521 series pursuant to a Rulemaking Requirements
the 0Y521 classification is extended. determination by the Department of 1. Executive Orders 13563 and 12866
During this time, the U.S. Government Commerce, with the concurrence of the direct agencies to assess all costs and
determines whether it is appropriate to Departments of Defense, State and benefits of available regulatory

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Document Created: 2016-08-06 03:08:33
Document Modified: 2016-08-06 03:08:33

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 August 8, 2016. Comments must be received by October 7, 2016.
Contact		Steven Clagett, Director, Nuclear and Missile Technology Controls Division, Office of Nonproliferation and Treaty Compliance, by phone at (202) 482-1641, or by email at [email protected] doc.gov.
FR Citation		81 FR 52326
RIN Number		0694-AG90
CFR Associated		Exports and Reporting and Recordkeeping Requirements

81 FR 52326 - Amendment to the Export Administration Regulations To Add Targets for the Production of Tritium and Related Development and Production Technology to the List of 0Y521 Series

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 81, Issue 152 (August 8, 2016)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security