81 FR 94971 - Commerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) Controls

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 81, Issue 248 (December 27, 2016)

Page Range		94971-94974
FR Document		2016-31120
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect the understandings reached at the June 2015 Nuclear Suppliers Group (NSG) Plenary meeting held in Bariloche, Argentina, and certain understandings reached at the 2016 NSG Plenary meeting held in Seoul, Republic of Korea. The amendments to the EAR based on the 2015 meeting address the nuclear nonproliferation (NP) controls that apply to certain centrifugal multiplane balancing machines described on the Commerce Control List (CCL). The amendments to the EAR based on the 2016 meeting address the NP controls that apply to certain linear displacement measuring systems identified on the CCL. This rule also makes additional changes to the description of these systems on the CCL to fully conform to their description on the NSG Annex. In addition, this rule corrects an error in the technical parameters of the CCL entry that describes certain radiation-hardened TV cameras (including lenses therefor) that are subject to NP controls.
Federal Register, Volume 81 Issue 248 (Tuesday, December 27, 2016)
[Federal Register Volume 81, Number 248 (Tuesday, December 27, 2016)]
[Rules and Regulations]
[Pages 94971-94974]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-31120]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 161102999-6999-01]
RIN 0694-AH20


Commerce Control List: Updates Based on the 2015 and 2016 Nuclear 
Suppliers Group (NSG) Plenary Meetings; Conforming Changes and 
Corrections to Certain Nuclear Nonproliferation (NP) Controls

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final 
rule to amend the Export Administration Regulations (EAR) to reflect 
the understandings reached at the June 2015 Nuclear Suppliers Group 
(NSG) Plenary meeting held in Bariloche, Argentina, and certain 
understandings reached at the 2016 NSG Plenary meeting held in Seoul, 
Republic of Korea. The amendments to the EAR based on the 2015 meeting 
address the nuclear nonproliferation (NP) controls that apply to 
certain centrifugal multiplane balancing machines described on the 
Commerce Control List (CCL). The amendments to the EAR based on the 
2016 meeting address the NP controls that apply to certain linear 
displacement measuring systems identified on the CCL. This rule also 
makes additional changes to the description of these systems on the CCL 
to fully conform to their description on the NSG Annex. In addition, 
this rule corrects an error in the technical parameters of the CCL 
entry that describes certain radiation-hardened TV cameras (including 
lenses therefor) that are subject to NP controls.

DATES: This rule is effective December 27, 2016.

FOR FURTHER INFORMATION CONTACT: Steven Clagett, Director, Nuclear and 
Missile Technology Controls Division, Office of Nonproliferation and 
Treaty Compliance, Bureau of Industry and Security, Telephone: (202) 
482-1641.

SUPPLEMENTARY INFORMATION: The Bureau of Industry and Security (BIS) is 
amending the Export Administration Regulations (EAR) to revise the 
nuclear nonproliferation (NP) controls that apply to certain items 
identified on the Commerce Control List (CCL), consistent with U.S. 
commitments as a participating country in the Nuclear Suppliers Group 
(NSG). The NSG is a multilateral export control forum that consists of 
48 participating countries. The NSG maintains a list of dual-use items 
that could be used for nuclear proliferation activities. The list is 
maintained in the NSG Annex to the ``Guidelines for the Transfer of 
Nuclear Related Dual Use Equipment, Materials, Software and Related 
Technology'' (the NSG Annex). NSG participating countries share a 
commitment to prevent nuclear proliferation and the development of 
nuclear related weapons of mass destruction. In furtherance of that 
commitment, they have undertaken to impose export controls on listed 
items. The NSG Guidelines and the Annex thereto are designed to ensure 
that nuclear trade for peaceful purposes does not contribute to the 
proliferation of nuclear weapons or related proliferation activities.
    This final rule amends the CCL by revising Export Control 
Classification Number (ECCN) 2B206: (1) To reflect the changes 
affecting certain linear displacement measuring systems listed in the 
NSG Annex, based on the understandings reached at the NSG Plenary 
meeting held in Seoul, Republic of Korea, on June 23 and 24, 2016; and 
(2) to further revise the description of these systems on the CCL to 
fully conform to their description on the NSG Annex. This rule also 
revises ECCN 2B229 to reflect the changes affecting certain centrifugal 
multiplane balancing machines listed in the NSG Annex, based on the 
understandings reached at the NSG Plenary meeting held in Bariloche, 
Argentina, on June 3-5, 2015. In addition, this rule corrects an error 
in the technical parameters of ECCN 6A203.d, which describes certain 
radiation-hardened TV cameras identified on the NSG Annex.

ECCN 2B206--Amended To Conform the NP Controls on Linear Displacement 
Measuring Systems With the NSG Annex (as Updated To Reflect the 2016 
NSG Plenary Changes)

    This rule amends ECCN 2B206 to more accurately and completely 
reflect the description of certain dimensional inspection machines 
listed in the NSG Annex. These changes are related to BIS's September 
20, 2016, final rule (81 FR 64656) that included certain amendments to 
ECCN 2B006 to reflect the December 2015 updates to the List of Dual-Use 
Goods and Technologies maintained by participating governments in the 
Wassenaar Arrangement (WA). The amendments to ECCN 2B006 also affected 
the scope of the NP controls in that ECCN. Specifically, the September 
20, 2016, final rule revised the controls that applied to certain 
measuring systems by changing the technical parameters in a manner that 
removed certain linear displacement measuring systems identified on the 
NSG Annex from control under ECCN 2B006.
    As a result of the aforementioned change in the scope of the NP 
controls in ECCN 2B006, this rule amends ECCN 2B206 by adding a new 
paragraph .c, consistent with the description of the measuring systems 
in NSG Annex 1.B.3.b.3. New 2B206.c controls linear displacement 
measuring systems that contain a ``laser'' and that maintain, for at 
least 12 hours over a temperature range of  1 K around a 
standard temperature and a standard pressure, both: (1) A 
``resolution'' over their full scale of 0.1[micro]m or better; and (2) 
a ``measurement uncertainty'' equal to or better (less) than (0.2 + L/
2000) [micro]m (L is the measured length in millimeters). This rule 
also adds a Control Note and a Technical Note for new 2B206.c. The 
Control Note to new paragraph .c indicates that 2B206.c does not 
control measuring interferometer systems, without closed or open loop 
feedback, that contain a ``laser'' to measure slide movement errors of 
machine tools, dimensional inspection machines, or similar equipment. 
The Technical Note to new paragraph .c states that ``linear 
displacement,'' for purposes of 2B206.c, means the change of distance 
between the measuring probe and the measured object.

[[Page 94972]]

    The text of new paragraph .c to ECCN 2B206 also reflects the 
updates to the NSG Annex based on the understandings reached at the 
2016 NSG Plenary meeting held in Seoul, Republic of Korea. 
Specifically, paragraph .c.1 reads ``Containing a laser,'' which 
replaces the phrase ``Contain a laser'' that was previously used in 
1.B.3.b.3.a on the NSG Annex. In addition, paragraph .c.2 contains the 
phrase ``Capable of maintaining,'' which replaces the word ``Maintain'' 
that was previously used in 1.B.3.b.3.b on the NSG Annex. Amendments to 
other ECCNs on the CCL, based on the 2016 NSG Plenary understandings, 
will be published by BIS in a separate rule.
    This rule also moves the ``Control Notes to ECCN 2B206'' and the 
``Technical Note to ECCN 2B206,'' which were previously located at the 
end of this ECCN, to the beginning of the ``Items'' paragraph for ECCN 
2B206 (i.e., immediately before 2B206.a), because these notes apply to 
the entire ECCN, unlike the aforementioned notes for new 2B206.c. In 
addition, the ``ECCN Controls'' paragraphs, which were previously 
included under the ``List of Items Controlled'' for this ECCN, have 
been removed, because they duplicated the text of the ``Control Notes 
to ECCN 2B206'' and, as such, were redundant and potentially confusing.
    In addition, this rule corrects two typographical errors in the 
``Items'' paragraph of ECCN 2B206. First, the phrase ``1.7 + 1/800 
[micro]m threshold'' in the Technical Note to 2B206.a.2 is revised to 
read ``1.7 + L/800 [micro]m threshold'' to conform with the threshold 
indicated in 2B206.a.2. Second, the word ``simultaneously'' in the 
introductory text of 2B206.b is replaced with the word 
``simultaneous''.

ECCN 2B229--Amended To Reflect 2015 NSG Plenary Changes

    This final rule amends ECCN 2B229 (Centrifugal multiplane balancing 
machines) by revising paragraph .b.3 to update certain scientific 
terminology and clarify the technical parameters, therein, to read as 
follows: ``A minimum achievable residual specific unbalance equal to or 
less than 10 g-mm/kg per plane.'' This change reflects the 2015 NSG 
Plenary changes to the description of centrifugal balancing machines in 
NSG Annex 3.B.3.b and does not affect the scope of the NP controls on 
these machines. Instead, this rule revises the previous text in ECCN 
2B229.b.3 (i.e., ``Capable of balancing to a residual imbalance equal 
to or less than 0.01 kg x mm/kg per plane'') only to update and clarify 
the controls described therein, without changing their scope.

ECCN 6A203--Amended To Correct Controls on Radiation-Hardened TV 
cameras

    This rule amends ECCN 6A203 to correct an error in the technical 
parameters for radiation-hardened TV cameras described in 6A203.d. 
Specifically, this rule revises the phrase ``total radiation dose 
greater than 50 x 10\4\ Gy (silicon)'' to read ``total radiation dose 
greater than 5 x 10\4\ Gy (silicon),'' consistent with the description 
of these cameras in NSG Annex 1.A.2. Previously, as amended by BIS's 
final rule published on September 5, 2014 (79 FR 52958), this technical 
parameter overstated the total radiation dose by a factor of ten (i.e., 
incorrectly indicating a multiple of ``50,'' instead of ``5'').

License Requirements

    All of the items affected by the amendments to ECCN 2B229, 2B206 or 
6A203, as described above, require a license for NP reasons and AT 
reasons to the destinations indicated under NP Column 1 or AT Column 1, 
respectively, on the Commerce Country Chart (see Supplement No. 1 to 
part 738 of the EAR). In addition, these items may require a license 
for reasons described elsewhere in the EAR (e.g., the end-user/end-use 
controls described in part 744 of the EAR or the embargoes and other 
special controls described in part 746 of the EAR).

Effect of This Rule on the Scope of Certain EAR Controls

    The changes made by this rule only marginally affect the scope of 
the EAR controls on the affected items in ECCN 2B206, 2B229, or 6A203. 
Specifically, the amendments in this rule, which add a new paragraph .c 
to ECCN 2B206 and revise ECCN 2B229.b.3 and ECCN 6A203.d, are not the 
result of any change in the scope of the controls for these items on 
the NSG Annex. Therefore, the purpose of this final rule is not to 
increase the scope of the NP controls in these ECCNs beyond what should 
have been the case, previously, but merely to accurately reflect the 
controls on the affected items, consistent with the descriptions in NSG 
Annex 1.B.3.b.3, 3.B.b.3, and 1.A.2, respectively.
    The addition of a new paragraph .c to ECCN 2B206 to control linear 
displacement measuring systems, consistent with the description of 
these systems in NSG Annex 1.B.3.b.3, effectively reinstates the NP 
controls and anti-terrorism (AT) controls, but not the national 
security (NS) controls, that applied to such systems under ECCN 2B006, 
prior to the publication of BIS's September 20, 2016, final rule (81 FR 
64656) that amended ECCN 2B006 to reflect the December 2015 updates to 
the Wassenaar Arrangement (WA) List of Dual-Use Goods and Technologies. 
The September 20, 2016, amendments to ECCN 2B006 removed certain linear 
displacement measuring systems identified on the NSG Annex from control 
under ECCN 2B006. This final rule amends ECCN 2B206 to reinstate the NP 
and AT controls that applied to the affected linear displacement 
measuring systems prior to the September 20, 2016, final rule. The 2016 
NSG Plenary updates reflected in new paragraph 2B206.c.1, and the 
corrections in the Technical Note to 2B206.a.2 and the introductory 
text of 2B206.b, do not affect the scope of the controls in ECCN 2B206. 
Therefore, BIS does not anticipate a significant change in the number 
of license applications that will have to be submitted, as a result of 
the amendments made to ECCN 2B206 by this rule.
    The amendments to ECCN 2B229 do not affect the scope of the NP 
controls that apply to centrifugal multiplane balancing machines. These 
amendments revise 2B229.b.3, consistent with NSG Annex 3.B.3.b, to 
update certain scientific terminology and clarify the technical 
parameters, therein, and are not intended to affect the scope of the 
controls in this ECCN. Therefore, BIS does not anticipate a significant 
change in the number of license applications that will have to be 
submitted, as a result of the amendments made to ECCN 2B229 by this 
rule.
    The amendments to ECCN 6A203 correct an error in the technical 
parameters for radiation-hardened TV cameras described in 6A203.d, 
which previously misstated the technical parameters for these cameras 
by indicating a multiple of ``50,'' instead of ``5'' (as indicated in 
NSG Annex 1.A.2), for the ``total radiation dose.'' Because only a 
small number of license applications are submitted to BIS for these 
cameras, BIS does not anticipate a significant change in the number of 
license applications that will have to be submitted, as a result of the 
amendments made to ECCN 6A203 by 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 4, 2016 (81 FR 52587 (Aug. 8, 2016)),

[[Page 94973]]

has continued the Export Administration Regulations in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 
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, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, consistent with 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget.
    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 
contains a collection of information subject to the requirements of the 
PRA. This collection has been approved by OMB under Control Number 
0694-0088 (Multi-Purpose Application), which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. Send 
comments regarding this burden estimate or any other aspect of this 
collection of information, including suggestions for reducing the 
burden, to Jasmeet Seehra, Office of Management and Budget, by email to 
[email protected], or by fax to (202) 395-7285; and to the 
Regulatory Policy Division, Bureau of Industry and Security, Department 
of Commerce, 14th Street & Pennsylvania Avenue NW., Room 2705, 
Washington, DC 20230 or by email to [email protected].
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 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 (See 5 U.S.C. 553(a)(1)). Immediate 
implementation of these amendments is non-discretionary and fulfills 
the United States' international commitment to administer controls on 
specified items consistent with the Guidelines, and the Annex thereto, 
maintained by the Nuclear Suppliers Group (NSG). The NSG contributes to 
international security and regional stability through the harmonization 
of export controls and seeks to ensure that exports do not contribute 
to the development of nuclear weapons. The NSG consists of 48 member 
countries that act on a consensus basis and the amendments set forth in 
this rule revise the scope of nuclear nonproliferation controls in the 
EAR to more fully reflect the controls implemented by other NSG 
participating countries, consistent with the NSG Guidelines and the 
Annex thereto. Because the United States is a significant exporter of 
the items addressed in this rule, immediate implementation of these 
regulatory provisions is necessary in order for the NSG to continue to 
meet its objectives. Any delay in implementation will create a 
disruption in the movement of affected items globally because of 
disharmony between the export controls maintained by the United States 
and the export control measures implemented by other NSG members, 
resulting in tension between member countries. Export controls work 
best when all countries implement the same export controls in a timely 
and coordinated manner.
    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.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, 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 15 CFR part 774 continues to read as 
follows:

    Authority:  50 U.S.C. 4601 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; 43 
U.S.C. 1354; 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 4, 2016, 81 FR 52587 (August 8, 2016).

Supplement No. 1 to Part 774--[Amended]

0
2. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2--Materials Processing, ECCN 2B206 is amended, under the 
``List of Items Controlled'' section, by removing the ``ECCN Controls'' 
paragraph and by revising the ``Items'' paragraph to read as follows:

2B206 Dimensional inspection machines, instruments or systems, other 
than those described in 2B006, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

Related Controls: * * *
Related Definitions: * * *
Items:

    Control Notes to ECCN 2B206: (1) Machine tools that can be used 
as measuring machines are controlled by ECCN 2B206 if they meet or 
exceed the control parameters specified in this entry for the 
measuring machine function. (2) The machines described in ECCN 2B206 
are controlled by this entry if they exceed the specified control 
threshold anywhere in their operating range.

    Technical Note to ECCN 2B206: All parameters of measurement 
values in this entry represent plus/minus, i.e., not total band.

    a. Computer controlled or numerically controlled coordinate 
measuring machines (CMM) with either of the following 
characteristics:
    a.1. Having only two axes with a maximum permissible error of 
length measurement along any axis (one dimension), identified as any 
combination of E0x MPE, E0y MPE or 
E0z MPE, equal to or less (better) than (1.25 + L/1000) 
[micro]m (where L is the measured length in mm) at any point within 
the operating range of the machine (i.e., within the length of the 
axis), according to ISO 10360-2 (2009); or
    a.2. Having three or more axes with a three dimensional 
(volumetric) maximum permissible error of length measurement, 
identified as E0, MPE, equal to or less 
(better) than (1.7 + L/800) [micro]m (where L is the measured length 
in mm) at any point within the operating range of the machine (i.e.,

[[Page 94974]]

within the length of the axis), according to ISO 10360-2 (2009).

    Technical Note to 2B206.a.2: The E0, MPE 
of the most accurate configuration of the CMM specified according to 
ISO 10360-2 (2009) by the manufacturer (e.g., best of the following: 
Probe, stylus length, motion parameters, environment) and with all 
compensations available shall be compared to the 1.7 + L/800 
[micro]m threshold.

    b. Systems for simultaneous linear-angular inspection of 
hemishells, having both of the following characteristics:
    b.1. ``Measurement uncertainty'' along any linear axis equal to 
or less (better) than 3.5 [micro]m per 5 mm; and
    b.2. ``Angular position deviation'' equal to or less than 
0.02[deg].
    c. Linear displacement measuring systems having both of the 
following characteristics:
    c.1. Containing a ``laser;'' and
    c.2. Capable of maintaining, for at least 12 hours over a 
temperature range of  1 K around a standard temperature 
and a standard pressure, both:
    c.2.a. A ``resolution'' over their full scale of 0.1[micro]m or 
better; and
    c.2.b. A ``measurement uncertainty'' equal to or better (less) 
than (0.2 + L/2000) [micro]m (L is the measured length in 
millimeters).

    Control Note to 2B206.c: 2B206.c does not control measuring 
interferometer systems, without closed or open loop feedback, 
containing a ``laser'' to measure slide movement errors of machine 
tools, dimensional inspection machines, or similar equipment.

    Technical Note to 2B206.c: In 2B206.c, ``linear displacement'' 
means the change of distance between the measuring probe and the 
measured object.

0
3. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 2--Materials Processing, ECCN 2B229 is amended in the 
``Items'' paragraph, under the ``List of Items Controlled'' section, by 
revising paragraph .b.3 to read as follows:

2B229 Centrifugal multiplane balancing machines, fixed or portable, 
horizontal or vertical, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    b. * * *
    b.3. A minimum achievable residual specific unbalance equal to 
or less than 10 g-mm/kg per plane; and
* * * * *

0
4. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 6--Sensors and Lasers, ECCN 6A203 is amended in the ``Items'' 
paragraph, under the ``List of Items Controlled'' section, by revising 
paragraph .d to read as follows:

6A203 High-speed cameras, imaging devices and ``components'' 
therefor, other than those controlled by 6A003 (see List of Items 
Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    d. Radiation-hardened TV cameras, or lenses therefor, 
``specially designed'' or rated as radiation hardened to withstand a 
total radiation dose greater than 5 x 10\4\ Gy (silicon) without 
operational degradation.
* * * * *

    Dated: December 20, 2016.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2016-31120 Filed 12-23-16; 8:45 am]
 BILLING CODE 3510-33-P
94972 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

The text of new paragraph .c to ECCN ECCN 6A203—Amended To Correct September 20, 2016, final rule (81 FR
2B206 also reflects the updates to the Controls on Radiation-Hardened TV 64656) that amended ECCN 2B006 to
NSG Annex based on the cameras reflect the December 2015 updates to
understandings reached at the 2016 This rule amends ECCN 6A203 to the Wassenaar Arrangement (WA) List
NSG Plenary meeting held in Seoul, correct an error in the technical of Dual-Use Goods and Technologies.
Republic of Korea. Specifically, The September 20, 2016, amendments
parameters for radiation-hardened TV
paragraph .c.1 reads ‘‘Containing a to ECCN 2B006 removed certain linear
cameras described in 6A203.d.
laser,’’ which replaces the phrase displacement measuring systems
Specifically, this rule revises the phrase
‘‘Contain a laser’’ that was previously identified on the NSG Annex from
‘‘total radiation dose greater than 50 ×
used in 1.B.3.b.3.a on the NSG Annex. control under ECCN 2B006. This final
104 Gy (silicon)’’ to read ‘‘total radiation
In addition, paragraph .c.2 contains the rule amends ECCN 2B206 to reinstate
dose greater than 5 × 104 Gy (silicon),’’
phrase ‘‘Capable of maintaining,’’ which the NP and AT controls that applied to
consistent with the description of these
replaces the word ‘‘Maintain’’ that was the affected linear displacement
cameras in NSG Annex 1.A.2.
previously used in 1.B.3.b.3.b on the measuring systems prior to the
Previously, as amended by BIS’s final
NSG Annex. Amendments to other September 20, 2016, final rule. The 2016
rule published on September 5, 2014 (79 NSG Plenary updates reflected in new
ECCNs on the CCL, based on the 2016
NSG Plenary understandings, will be FR 52958), this technical parameter paragraph 2B206.c.1, and the
published by BIS in a separate rule. overstated the total radiation dose by a corrections in the Technical Note to
This rule also moves the ‘‘Control factor of ten (i.e., incorrectly indicating 2B206.a.2 and the introductory text of
Notes to ECCN 2B206’’ and the a multiple of ‘‘50,’’ instead of ‘‘5’’). 2B206.b, do not affect the scope of the
‘‘Technical Note to ECCN 2B206,’’ License Requirements controls in ECCN 2B206. Therefore, BIS
which were previously located at the does not anticipate a significant change
end of this ECCN, to the beginning of All of the items affected by the
in the number of license applications
the ‘‘Items’’ paragraph for ECCN 2B206 amendments to ECCN 2B229, 2B206 or
that will have to be submitted, as a
(i.e., immediately before 2B206.a), 6A203, as described above, require a
result of the amendments made to ECCN
because these notes apply to the entire license for NP reasons and AT reasons 2B206 by this rule.
ECCN, unlike the aforementioned notes to the destinations indicated under NP The amendments to ECCN 2B229 do
for new 2B206.c. In addition, the ‘‘ECCN Column 1 or AT Column 1, respectively, not affect the scope of the NP controls
Controls’’ paragraphs, which were on the Commerce Country Chart (see that apply to centrifugal multiplane
previously included under the ‘‘List of Supplement No. 1 to part 738 of the balancing machines. These amendments
Items Controlled’’ for this ECCN, have EAR). In addition, these items may revise 2B229.b.3, consistent with NSG
been removed, because they duplicated require a license for reasons described Annex 3.B.3.b, to update certain
the text of the ‘‘Control Notes to ECCN elsewhere in the EAR (e.g., the end- scientific terminology and clarify the
2B206’’ and, as such, were redundant user/end-use controls described in part technical parameters, therein, and are
and potentially confusing. 744 of the EAR or the embargoes and not intended to affect the scope of the
In addition, this rule corrects two other special controls described in part controls in this ECCN. Therefore, BIS
typographical errors in the ‘‘Items’’ 746 of the EAR). does not anticipate a significant change
paragraph of ECCN 2B206. First, the Effect of This Rule on the Scope of in the number of license applications
phrase ‘‘1.7 + 1/800 mm threshold’’ in Certain EAR Controls that will have to be submitted, as a
the Technical Note to 2B206.a.2 is result of the amendments made to ECCN
revised to read ‘‘1.7 + L/800 mm The changes made by this rule only 2B229 by this rule.
threshold’’ to conform with the marginally affect the scope of the EAR The amendments to ECCN 6A203
threshold indicated in 2B206.a.2. controls on the affected items in ECCN correct an error in the technical
Second, the word ‘‘simultaneously’’ in 2B206, 2B229, or 6A203. Specifically, parameters for radiation-hardened TV
the introductory text of 2B206.b is the amendments in this rule, which add cameras described in 6A203.d, which
replaced with the word ‘‘simultaneous’’. a new paragraph .c to ECCN 2B206 and previously misstated the technical
revise ECCN 2B229.b.3 and ECCN parameters for these cameras by
ECCN 2B229—Amended To Reflect 6A203.d, are not the result of any indicating a multiple of ‘‘50,’’ instead of
2015 NSG Plenary Changes change in the scope of the controls for ‘‘5’’ (as indicated in NSG Annex 1.A.2),
This final rule amends ECCN 2B229 these items on the NSG Annex. for the ‘‘total radiation dose.’’ Because
(Centrifugal multiplane balancing Therefore, the purpose of this final rule only a small number of license
machines) by revising paragraph .b.3 to is not to increase the scope of the NP applications are submitted to BIS for
update certain scientific terminology controls in these ECCNs beyond what these cameras, BIS does not anticipate a
and clarify the technical parameters, should have been the case, previously, significant change in the number of
therein, to read as follows: ‘‘A minimum but merely to accurately reflect the license applications that will have to be
achievable residual specific unbalance controls on the affected items, submitted, as a result of the
equal to or less than 10 g-mm/kg per consistent with the descriptions in NSG amendments made to ECCN 6A203 by
plane.’’ This change reflects the 2015 Annex 1.B.3.b.3, 3.B.b.3, and 1.A.2, this rule.
NSG Plenary changes to the description respectively.
of centrifugal balancing machines in The addition of a new paragraph .c to Export Administration Act
NSG Annex 3.B.3.b and does not affect ECCN 2B206 to control linear Although the Export Administration
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the scope of the NP controls on these displacement measuring systems, Act expired on August 20, 2001, the
machines. Instead, this rule revises the consistent with the description of these President, through Executive Order
previous text in ECCN 2B229.b.3 (i.e., systems in NSG Annex 1.B.3.b.3, 13222 of August 17, 2001, 3 CFR, 2001
‘‘Capable of balancing to a residual effectively reinstates the NP controls Comp., p. 783 (2002), as amended by
imbalance equal to or less than 0.01 kg and anti-terrorism (AT) controls, but not Executive Order 13637 of March 8,
× mm/kg per plane’’) only to update and the national security (NS) controls, that 2013, 78 FR 16129 (March 13, 2013),
clarify the controls described therein, applied to such systems under ECCN and as extended by the Notice of August
without changing their scope. 2B006, prior to the publication of BIS’s 4, 2016 (81 FR 52587 (Aug. 8, 2016)),

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Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations 94973

has continued the Export 4. The provisions of the Administration Regulations (15 CFR
Administration Regulations in effect Administrative Procedure Act (5 U.S.C. parts 730–774) is amended as follows:
under the International Emergency 553) requiring notice of proposed
Economic Powers Act (50 U.S.C. 1701 et rulemaking, the opportunity for public PART 774—[AMENDED]
seq.). BIS continues to carry out the participation, and a delay in effective
provisions of the Export Administration date, are inapplicable because this ■ 1. The authority citation for 15 CFR
Act, as appropriate and to the extent regulation involves a military and part 774 continues to read as follows:
permitted by law, pursuant to Executive foreign affairs function of the United Authority: 50 U.S.C. 4601 et seq.; 50
Order 13222 as amended by Executive States (See 5 U.S.C. 553(a)(1)). U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
Order 13637. Immediate implementation of these 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);
Rulemaking Requirements amendments is non-discretionary and
42 U.S.C. 2139a; 43 U.S.C. 1354; 15 U.S.C.
fulfills the United States’ international 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.;
1. Executive Orders 13563 and 12866 commitment to administer controls on 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3
direct agencies to assess all costs and specified items consistent with the CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
benefits of available regulatory Guidelines, and the Annex thereto, 44025, 3 CFR, 2001 Comp., p. 783; Notice of
alternatives and, if regulation is maintained by the Nuclear Suppliers August 4, 2016, 81 FR 52587 (August 8,
necessary, to select regulatory Group (NSG). The NSG contributes to 2016).
approaches that maximize net benefits international security and regional Supplement No. 1 to Part 774—
(including potential economic, stability through the harmonization of [Amended]
environmental, public health and safety export controls and seeks to ensure that
effects, distributive impacts, and exports do not contribute to the ■ 2. In Supplement No. 1 to Part 774
equity). Executive Order 13563 development of nuclear weapons. The (the Commerce Control List), Category
emphasizes the importance of NSG consists of 48 member countries 2—Materials Processing, ECCN 2B206 is
quantifying both costs and benefits, of that act on a consensus basis and the amended, under the ‘‘List of Items
reducing costs, of harmonizing rules, amendments set forth in this rule revise Controlled’’ section, by removing the
and of promoting flexibility. This rule the scope of nuclear nonproliferation ‘‘ECCN Controls’’ paragraph and by
has been designated a ‘‘significant controls in the EAR to more fully reflect revising the ‘‘Items’’ paragraph to read
regulatory action,’’ although not the controls implemented by other NSG as follows:
economically significant, consistent participating countries, consistent with 2B206 Dimensional inspection machines,
with Executive Order 12866. the NSG Guidelines and the Annex instruments or systems, other than those
Accordingly, the rule has been reviewed thereto. Because the United States is a described in 2B006, as follows (see List
by the Office of Management and significant exporter of the items of Items Controlled).
Budget. addressed in this rule, immediate * * * * *
2. Notwithstanding any other implementation of these regulatory
provision of law, no person is required provisions is necessary in order for the List of Items Controlled
to respond to, nor shall any person be NSG to continue to meet its objectives. Related Controls: * * *
subject to a penalty for failure to comply Any delay in implementation will create Related Definitions: * * *
with, a collection of information subject a disruption in the movement of Items:
to the requirements of the Paperwork affected items globally because of Control Notes to ECCN 2B206: (1) Machine
Reduction Act of 1995 (44 U.S.C. 3501 disharmony between the export controls tools that can be used as measuring machines
et seq.) (PRA), unless that collection of maintained by the United States and the are controlled by ECCN 2B206 if they meet
information displays a currently valid export control measures implemented or exceed the control parameters specified in
this entry for the measuring machine
Office of Management and Budget by other NSG members, resulting in
function. (2) The machines described in
(OMB) Control Number. This rule tension between member countries. ECCN 2B206 are controlled by this entry if
contains a collection of information Export controls work best when all they exceed the specified control threshold
subject to the requirements of the PRA. countries implement the same export anywhere in their operating range.
This collection has been approved by controls in a timely and coordinated Technical Note to ECCN 2B206: All
OMB under Control Number 0694–0088 manner. parameters of measurement values in this
(Multi-Purpose Application), which Further, no other law requires that a entry represent plus/minus, i.e., not total
carries a burden hour estimate of 58 notice of proposed rulemaking and an band.
minutes to prepare and submit form opportunity for public comment be a. Computer controlled or numerically
BIS–748. Send comments regarding this given for this final rule. Because a controlled coordinate measuring machines
burden estimate or any other aspect of (CMM) with either of the following
notice of proposed rulemaking and an characteristics:
this collection of information, including opportunity for public comment are not
suggestions for reducing the burden, to a.1. Having only two axes with a maximum
required to be given for this rule under permissible error of length measurement
Jasmeet Seehra, Office of Management the Administrative Procedure Act or by along any axis (one dimension), identified as
and Budget, by email to Jasmeet_K._ any other law, the analytical any combination of E0x MPE, E0y MPE or E0z
Seehra@omb.eop.gov, or by fax to (202) requirements of the Regulatory MPE, equal to or less (better) than (1.25 + L/
395–7285; and to the Regulatory Policy Flexibility Act (5 U.S.C. 601 et seq.) are 1000) mm (where L is the measured length in
Division, Bureau of Industry and not applicable. Therefore, this mm) at any point within the operating range
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Security, Department of Commerce, regulation is issued in final form. of the machine (i.e., within the length of the
14th Street & Pennsylvania Avenue axis), according to ISO 10360–2 (2009); or
NW., Room 2705, Washington, DC List of Subjects in 15 CFR Part 774 a.2. Having three or more axes with a three
20230 or by email to RPD2@bis.doc.gov. dimensional (volumetric) maximum
Exports, Reporting and recordkeeping permissible error of length measurement,
3. This rule does not contain policies identified as E0, MPE, equal to or less (better)
requirements.
with Federalism implications as that than (1.7 + L/800) mm (where L is the
term is defined in Executive Order For the reasons stated in the measured length in mm) at any point within
13132. preamble, part 774 of the Export the operating range of the machine (i.e.,

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94974 Federal Register / Vol. 81, No. 248 / Tuesday, December 27, 2016 / Rules and Regulations

within the length of the axis), according to other than those controlled by 6A003 Protection, at William.R.Scopa@
ISO 10360–2 (2009). (see List of Items Controlled). cbp.dhs.gov. For questions related to
Technical Note to 2B206.a.2: The E0, MPE * * * * * EPA’s vehicle and engine imports
of the most accurate configuration of the program, please contact Holly Pugliese
CMM specified according to ISO 10360–2 List of Items Controlled
at pugliese.holly@epa.gov.
(2009) by the manufacturer (e.g., best of the * * * * *
following: Probe, stylus length, motion SUPPLEMENTARY INFORMATION:
Items:
parameters, environment) and with all Background
compensations available shall be compared
* * * * *
d. Radiation-hardened TV cameras, or On August 17, 2016, U.S. Customs
to the 1.7 + L/800 mm threshold.
lenses therefor, ‘‘specially designed’’ or rated and Border Protection (CBP) published
b. Systems for simultaneous linear-angular as radiation hardened to withstand a total
inspection of hemishells, having both of the radiation dose greater than 5 × 104 Gy
a Notice of Proposed Rulemaking
following characteristics: (silicon) without operational degradation. (NPRM) in the Federal Register (81 FR
b.1. ‘‘Measurement uncertainty’’ along any 54763) proposing to amend title 19 of
linear axis equal to or less (better) than 3.5 * * * * * the Code of Federal Regulations (19
mm per 5 mm; and Dated: December 20, 2016. CFR) in order to harmonize the
b.2. ‘‘Angular position deviation’’ equal to Kevin J. Wolf, documentation requirements applicable
or less than 0.02°.
c. Linear displacement measuring systems Assistant Secretary for Export to different classes of vehicles and
having both of the following characteristics: Administration. engines that are subject to the Clean Air
c.1. Containing a ‘‘laser;’’ and [FR Doc. 2016–31120 Filed 12–23–16; 8:45 am] Act’s (CAA’s) emission standards.
c.2. Capable of maintaining, for at least 12 BILLING CODE 3510–33–P
Sections 203(a) and (b)(2) of the CAA,
hours over a temperature range of ± 1 K 42 U.S.C 7522, deal with the
around a standard temperature and a importation of new motor vehicles and
standard pressure, both: new motor engines and the requirement
c.2.a. A ‘‘resolution’’ over their full scale of DEPARTMENT OF HOMELAND
SECURITY of a Certificate of Conformity (COC) as
0.1mm or better; and prescribed by regulation authorized by
c.2.b. A ‘‘measurement uncertainty’’ equal the CAA. Without a valid COC, the
to or better (less) than (0.2 + L/2000) mm (L U.S. Customs and Border Protection
is the measured length in millimeters). admission of new motor vehicles and
DEPARTMENT OF THE TREASURY new motor engines into the United
Control Note to 2B206.c: 2B206.c does not
control measuring interferometer systems, States will be denied. Section 208 of the
without closed or open loop feedback, 19 CFR Part 12 CAA, 42 U.S.C. 7542, provides that the
containing a ‘‘laser’’ to measure slide Administrator of the U.S.
movement errors of machine tools, [USCBP–2016–0011; CBP Dec. 16–29] Environmental Protection Agency (EPA)
dimensional inspection machines, or similar RIN 1515–AE11 may require a manufacturer to produce,
equipment. among other items, all records, files, and
Technical Note to 2B206.c: In 2B206.c, Importations of Certain Vehicles and papers necessary to demonstrate
‘‘linear displacement’’ means the change of Engines Subject to Federal compliance with applicable CAA
distance between the measuring probe and Antipollution Emission Standards provisions. Section 213(d) of the CAA,
the measured object. 42 U.S.C. 7547, requires that nonroad
■ 3. In Supplement No. 1 to Part 774 AGENCY: U.S. Customs and Border vehicles and engine standards be
(the Commerce Control List), Category Protection, Department of Homeland enforced in the same manner as those
2—Materials Processing, ECCN 2B229 is Security; Department of the Treasury. applicable to onroad vehicles and
amended in the ‘‘Items’’ paragraph, ACTION: Final rule. engines.
under the ‘‘List of Items Controlled’’ These statutory provisions are
section, by revising paragraph .b.3 to SUMMARY: This document amends the
implemented in the CBP regulations at
read as follows: U.S. Customs and Border Protection
§§ 12.73 and 12.74 of title 19 of the
(CBP) regulations relating to the Code of Federal Regulations (19 CFR
2B229 Centrifugal multiplane balancing importation into the United States of
machines, fixed or portable, horizontal 12.73 and 12.74). Section 12.73 provides
certain vehicles and engines under the for ‘‘Motor vehicle and engine
or vertical, as follows (see List of Items
Controlled). Clean Air Act (CAA) in order to compliance with Federal antipollution
harmonize the documentation emission requirements,’’ and section
* * * * * requirements applicable to different 12.74 provides for ‘‘Nonroad and
List of Items Controlled classes of vehicles and engines that are stationary engine compliance with
* * * * * subject to the CAA’s emission Federal antipollution emission
Items: standards. This document further requirements.’’ EPA makes available
* * * * * amends the regulations to permit Declaration Forms 3520–1 (for the
b. * * * importers to file the required U.S. importation of passenger vehicles,
b.3. A minimum achievable residual Environmental Protection Agency (EPA) highway motorcycles and their
specific unbalance equal to or less than 10 g- Declaration Forms with CBP
mm/kg per plane; and
corresponding engines) and 3520–21
electronically, and amends non- (for the importation of heavy-duty
* * * * * substantive provisions to update engines and nonroad engines, including
■ 4. In Supplement No. 1 to Part 774 regulatory citations and delete obsolete engines already installed in vehicles or
asabaliauskas on DSK3SPTVN1PROD with RULES

(the Commerce Control List), Category provisions. equipment) for purposes of compliance
6—Sensors and Lasers, ECCN 6A203 is DATES: Effective January 26, 2017. with the CAA.
amended in the ‘‘Items’’ paragraph, FOR FURTHER INFORMATION CONTACT: For The final rule conforms the entry
under the ‘‘List of Items Controlled’’ questions related to the filing of EPA filing requirements applicable to EPA
section, by revising paragraph .d to read forms with CBP, please contact William Declaration Form 3520–21 to those that
as follows: Scopa, Partner Government Agencies are currently applicable to EPA
6A203 High-speed cameras, imaging Interagency Collaboration Division, Declaration Form 3520–1. Sections
devices and ‘‘components’’ therefor, Office of Trade, Customs and Border 12.73(i) and 12.74(b) and (d) are

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Document Created: 2018-02-14 09:13:33
Document Modified: 2018-02-14 09:13:33
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		Final rule.
Dates		This rule is effective December 27, 2016.
Contact		Steven Clagett, Director, Nuclear and Missile Technology Controls Division, Office of Nonproliferation and Treaty Compliance, Bureau of Industry and Security, Telephone: (202) 482-1641.
FR Citation		81 FR 94971
RIN Number		0694-AH20
CFR Associated		Exports and Reporting and Recordkeeping Requirements
81 FR 94971 - Commerce Control List: Updates Based on the 2015 and 2016 Nuclear Suppliers Group (NSG) Plenary Meetings; Conforming Changes and Corrections to Certain Nuclear Nonproliferation (NP) Controls

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 81, Issue 248 (December 27, 2016)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
