83 FR 14580 - Reclassification of Targets for the Production of Tritium and Related Development and Production Technology Initially Classified Under the 0Y521 Series
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 66 (April 5, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 66 (April 5, 2018)
| Page Range | 14580-14583 | |
| FR Document | 2018-06985 |
[Federal Register Volume 83, Number 66 (Thursday, April 5, 2018)] [Rules and Regulations] [Pages 14580-14583] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06985] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 160303184-8255-01] RIN 0694-AG90 Reclassification of Targets for the Production of Tritium and Related Development and Production Technology Initially Classified Under the 0Y521 Series AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In this rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to impose a license requirement on exports and reexports of specified target assemblies and components for the production of tritium under new Export Control Classification Number (ECCN) 1A231, and for the related ``production'' technology for 1A231 commodities covered under ECCNs 1E001 and 1E201. The items identified in this rule are controlled for nuclear nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1 reasons. These new classifications are the result of a U.S. Government proposal submitted and agreed to by members of the relevant multilateral regime, the Nuclear Suppliers Group (NSG), in June 2017. This final rule, as required under the 0Y521 procedure and in fulfillment of multilateral commitments, implements the multilateral control for the items adopted by the NSG. DATES: This rule is effective April 5, 2018. 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]. SUPPLEMENTARY INFORMATION: Background In 2012, BIS established the temporary classification ECCN 0Y521 series (encompassing ECCNs 0A521, 0B521, 0C521, 0D521, and 0E521) to identify items that warrant control on the Commerce Control List (CCL) because the items provide at least a significant military or intelligence advantage to the United States or for foreign policy reasons, but are not yet identified in an existing ECCN (77 FR 22191; April 13, 2012). The license requirements and policies for the ECCN 0Y521 series appear in Sec. 742.6(a)(7) of the EAR, and items classified under the series appear in supplement No. 5 to part 774. Consistent with the procedure established in the April 13, 2012, rule, the Department of Commerce, with the concurrence of the Departments of Defense and State and in consultation with the Department of Energy, determined that targets made of or containing lithium ``specially designed'' for the production of tritium by insertion in the core of a nuclear reactor (``targets'') and the related ``development'' and ``production'' technology met the criteria for inclusion in the series. Controls on the targets and related technologies under 0Y521 series ECCNs 0A521 and 0E521, respectively, were published in an interim final rule, with request for comments, on August 8, 2016 (81 FR 52326). The items were controlled for regional stability (RS) Column 1 reasons to all destinations except Canada, and a case-by-case review policy applied to license applications. The only license exception available for these items was License Exception GOV (Governments, international organizations, international inspections under the Chemical Weapons Convention, and the International Space Station (GOV)), which applies to all ECCN 0Y521 items if within the scope of Sec. [thinsp]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. [thinsp]740.2(a)(14). See also supplement No. 5 to part 774. BIS did not receive any comments in response to the August 8, 2016 rule. Subsequent to the 0Y521 classification, and, as required by Sec. [thinsp]742.6(a)(7)(iii), within one calendar year of the August 8, 2016 rule providing for the temporary 0Y521 [[Page 14581]] series classification, the U.S Government submitted a proposal to the NSG seeking a longer-term, multilateral classification for the targets and related technologies. The NSG adopted the United States' proposal. Therefore, as required under the 0Y521 ECCN series procedure and to fulfill the multilateral commitment made at the NSG, this final rule formally implements the adoption of a nuclear nonproliferation (NP) control for the items mentioned. This rule also implements an anti- terrorism (AT) control on the items. Targets for the Production of Tritium and Related ``Development'' and ``Production'' Technology Initially Classified Under the 0Y521 Series Reclassified to a Nuclear Nonproliferation Multilateral Control Under the EAR License Requirements In this rule, BIS amends the EAR to add a new ECCN, 1A231, for specified target assemblies and components for the production of tritium, and to impose a license requirement on exports and reexports of items classified thereunder. ECCN 1A231 will be inserted between ECCNs 1A227 and 1A290 on the CCL. Specifically, this rule imposes a license requirement on exports and reexports of such items if they are either (a.) target assemblies made of or containing lithium enriched in the lithium-6 isotope ``specially designed'' for the production of tritium through irradiation, including insertion in a nuclear reactor; or (b.) components ``specially designed'' for the target assemblies specified in Item paragraph a. of new ECCN 1A231. A Technical Note to paragraph b. provides that components ``specially designed'' for target assemblies for the production of tritium may include lithium pellets, tritium getters, and specially-coated cladding. In addition, pursuant to this rule, the related ``production'' technology for the items controlled under the new ECCN 1A231 entry is classified under existing ECCNs 1E001 and 1E201. Consequently, a reference to ECCN 1A231 has been added to the headings of ECCN 1E001 and ECCN 1E201 and to the License Requirements section of ECCN 1E001. The items classified under new ECCN 1A231 and under existing ECCNs 1E001 and 1E201 in this rule are controlled for nuclear nonproliferation (NP) Column 1 and anti-terrorism (AT) Column 1 reasons. License Exceptions License Exception availability for items specified under new ECCN 1A231, and the related technology specified under existing ECCNs 1E001 and 1E201, is consistent with Category 1 NP controlled end items and related technology and provisions, as described in Sec. 742.3 of the EAR. Licensing Policy Applications for licenses to export and reexport the target assemblies and components covered under ECCN 1A231 and the related technology controlled under ECCNs 1E001 and 1E201 will be reviewed using the factors described in paragraph (b)--Licensing policy--of Sec. 742.3 of the EAR, which include: The appropriateness of the stated end-use, including specifically for the stated end-user; the items' significance for nuclear purposes; whether the items are to be used in certain specified types of research; the types of assurances or guarantees given against use for nuclear explosive purposes or proliferation; whether any party to the transaction has been engaged in clandestine or illegal procurement activities; whether an application for a license to export or reexport to the end-user has previously been denied or whether the end-user has previously diverted items to unauthorized activities which were received under a license, a license exception, or shipped with no license required; whether the transaction would present an unacceptable risk of diversion to a nuclear explosive activity or unsafeguarded nuclear fuel-cycle activity, as described in Sec. 744.2(a) of the EAR; and consideration of factors related to the nonproliferation credentials of the importing country. Conforming Amendment Finally, in this rule, BIS amends the EAR to make a conforming change. Specifically, BIS amends supplement No. 5 to part 774--Items Classified Under ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521--to remove the existing references to the targets under ``0A521. Systems, Equipment and Components.'', and the related technology under ``0E521. Technology.'' Export Administration Act Although the Export Administration Act of 1979 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 15, 2017, 82 FR 39005 (August 16, 2017), 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 of 1979, 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. This rule is not an Executive Order 13771 regulatory action because this rule is not significant under Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall a 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 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 manual or electronic and includes, among other things, license applications; and (2) License Exceptions and Exclusions (control number 0694-0137). BIS does not believe that this rule will materially increase the number of submissions under these collections. Send comments regarding this burden estimate or any other aspect of these collections of information, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget, by email at [email protected] or by fax to (202) 395-7285 and to Steven Clagett, BIS, at [email protected]. 3. This rule does not contain policies with Federalism implications as that term is defined under Executive Order 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 [[Page 14582]] 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, and after consultation with the Department of Energy, is implementing this rule which identifies items to be controlled for nuclear nonproliferation and anti-terrorism reasons. This action fulfills the United States' commitment to implement controls agreed to and adopted by members (including the United States) of the relevant multilateral regime (the Nuclear Suppliers Group). These items were previously and temporarily classified for regional stability reasons under the ECCN 0Y521 series, indicating that the above-referenced agencies determined 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 for foreign policy reasons. This rule is necessary to effect the nuclear nonproliferation and anti-terrorism foreign policy goals of the United States, and therefore to ensure the security interests of the United States. Implementation upon publication will allow BIS to continue to prevent exports of these items to users and for uses that pose a 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, instead of immediate implementation simultaneous with formal removal of the temporary 0Y521 ECCN from supplement No. 5 to part 774, increases the opportunity for the export of these items to users and uses that pose a proliferation threat, thereby undermining the purpose of the initial rule and this subsequent rule. This rule serves, appropriately, as notice to the public of the longer-term control of the items mentioned. 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, based upon a description agreed to by the U.S. and its multilateral export control regime allies, will allow BIS to continue to prevent exports of these items to users and for uses that pose threats to the security interests to the United States or its allies particularly in relation to nuclear nonproliferation and anti- terrorism. 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 threats, thereby undermining the purpose of the rule. In addition, no comments were submitted in response to the preceding interim final rule of August 8, 2016 (81 FR 52326). Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subjects 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 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; 42 U.S.C. 2139a; 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 15, 2017, 82 FR 39005 (August 16, 2017). 0 2. In supplement No. 1 to part 774, Category 1, add Export Control Classification Number (ECCN) 1A231 between ECCNs 1A227 and 1A290 to read as follows: Supplement No. 1 to Part 774--The Commerce Control List * * * * * 1A231 Target assemblies and components for the production of tritium as follows (See List of Items Controlled): License Requirements Reason for Control: NP, AT Country chart (see Control(s) supplement No. 1 to part 738) NP applies to entire entry................ NP Column 1 AT applies to entire entry................ AT Column 1 List Based License Exceptions (See Part 740 for a Description of All License Exceptions) LVS: N/A GBS: N/A CIV: N/A List of Items Controlled Related Controls: See ECCNs 1E001 (``production'') and 1E201 (``use'') for technology for items controlled by this entry. Related Definitions: N/A Items: a. Target assemblies made of or containing lithium enriched in the lithium-6 isotope ``specially designed'' for the ``production'' of tritium through irradiation, including insertion in a nuclear reactor; b. Components ``specially designed'' for the target assemblies specified in item a. Technical Note to ECCN 1A231.b.: Components ``specially designed'' for target assemblies for the ``production'' of tritium may include lithium pellets, tritium getters, and specially-coated cladding. 0 3. In supplement No. 1 to part 774, Category 1, Export Control Classification Number (ECCN) 1E001 is revised to read as follows: 1E001 ``Technology'' according to the General Technology Note for the ``development'' or ``production'' of items controlled by 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008, 1A101, 1A231, 1B (except 1B608, 1B613 or 1B999), or 1C (except 1C355, 1C608, 1C980 to 1C984, 1C988, 1C990, 1C991, 1C995 to 1C999). License Requirements Reason for Control: NS, MT, NP, CB, RS, AT Country chart (see supp. No. Control(s) 1 to part 738) NS applies to ``technology'' for items NS Column 1 controlled by 1A002, 1A003, 1A005, 1A006.b, 1A007, 1B001 to 1B003, 1B018, 1C001 to 1C011, or 1C018. NS applies to ``technology'' for items NS Column 2 controlled by 1A004. MT applies to ``technology'' for items MT Column 1 controlled by 1A101, 1B001, 1B101, 1B102, 1B115 to 1B119, 1C001, 1C007, 1C011, 1C101, 1C102, 1C107, 1C111, 1C116, 1C117, or 1C118 for MT reasons. NP applies to ``technology'' for items NP Column 1 controlled by 1A002, 1A007, 1A231, 1B001, 1B101, 1B201, 1B225, 1B226, 1B228 to 1B234, 1C002, 1C010, 1C111, 1C116, 1C202, 1C210, 1C216, 1C225 to 1C237, or 1C239 to 1C241 for NP reasons. [[Page 14583]] CB applies to ``technology'' for items CB Column 1 controlled by 1C351, 1C353, or 1C354. CB applies to ``technology'' for materials CB Column 2 controlled by 1C350 and for chemical detection systems and dedicated detectors therefor, in 1A004.c, that also have the technical characteristics described in 2B351.a. RS applies to technology for equipment RS Column 2 controlled in 1A004.d. AT applies to entire entry................ AT Column 1 Reporting Requirements See Sec. 743.1 of the EAR for reporting requirements for exports under License Exceptions, and Validated End-User authorizations. List Based License Exceptions (See Part 740 for a Description of All License Exceptions) CIV: N/A TSR: Yes, except for the following: (1) Items controlled for MT reasons; or (2) Exports and reexports to destinations outside of those countries listed in Country Group A:5 (See Supplement No. 1 to part 740 of the EAR) of ``technology'' for the ``development'' or production'' of the following: (a) Items controlled by 1C001; or (b) Items controlled by 1A002.a which are composite structures or laminates having an organic ``matrix'' and being made from materials listed under 1C010.c or 1C010.d. Special Conditions for STA STA: License Exception STA may not be used to ship or transmit ``technology'' according to the General Technology Note for the ``development'' or ``production'' of equipment and materials specified by ECCNs 1A002, 1C001, 1C007.c or d, 1C010.c or d or 1C012 to any of the destinations listed in Country Group A:6 (See Supplement No.1 to part 740 of the EAR). List of Items Controlled Related Controls (1) Also see ECCNs 1E101, 1E201, and 1E202. (2) See ECCN 1E608 for ``technology'' for items classified under ECCN 1B608 or 1C608 that, immediately prior to July 1, 2014, were classified under ECCN 1B018.a or 1C018.b through .m (note that ECCN 1E001 controls ``development'' and ``production'' ``technology'' for chlorine trifluoride controlled by ECCN 1C111.a.3.f--see ECCN 1E101 for controls on ``use'' ``technology'' for chlorine trifluoride). (3) See ECCN 1E002.g for control libraries (parametric technical databases) ``specially designed'' or modified to enable equipment to perform the functions of equipment controlled under ECCN 1A004.c (Nuclear, biological and chemical (NBC) detection systems) or ECCN 1A004.d (Equipment for detecting or identifying explosives residues). (4) ``Technology'' for lithium isotope separation (see related ECCN 1B233) and ``technology'' for items described in ECCN 1C012 are subject to the export licensing authority of the Department of Energy (see 10 CFR part 810). (5) ``Technology'' for items described in ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR parts 120 through 130). Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. 0 4. In supplement No. 1 to part 774, Category 1, Export Control Classification Number (ECCN) 1E201 is revised to read as follows: 1E201 ``Technology'' according to the General Technology Note for the ``use'' of items controlled by 1A002, 1A007, 1A202, 1A225 to 1A227, 1A231, 1B201, 1B225, 1B226, 1B228 to 1B232, 1B233.b, 1B234, 1C002.b.3 and b.4, 1C010.a, 1C010.b, 1C010.e.1, 1C202, 1C210, 1C216, 1C225 to 1C237, 1C239 to 1C241 or 1D201. License Requirements Reason for Control: NP, AT Country chart (see supp. Control(s) No. 1 to part 738) NP applies to entire entry, for items NP Column 1 controlled for NP reasons. AT applies to entire entry................ AT Column 1 List Based License Exceptions (See Part 740 for a Description of All License Exceptions) CIV: N/A TSR: N/A List of Items Controlled Related Controls: N/A Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. Supplement No. 5 to Part 774 [Amended] 0 5. Amend supplement No. 5 to part 774 by removing and reserving entries for item ``No. 1'' under the subheading ``0A521. Systems, Equipment and Components.'', and for item ``No. 1'' under the subheading ``0E521. Technology.'' Dated: March 30, 2018. Matthew S. Borman, Deputy Assistant Secretary for Export Administration. [FR Doc. 2018-06985 Filed 4-4-18; 8:45 am] BILLING CODE 3510-33-P
![14580 Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION § 71.1 [Amended] Compliance, by phone at (202) 482–
AEA PA E5 Selinsgrove, PA 1641, or by email at Steven.Clagett@
Federal Aviation Administration [Corrected] bis.doc.gov.
SUPPLEMENTARY INFORMATION:
14 CFR Part 71 On page 9182, column 3, line 27,
remove Background
’(Lat. 40°49′16″ N., long. 76°51′551″ In 2012, BIS established the
[Docket No. FAA–2014–0839; Airspace
W.)’, and in its place, temporary classification ECCN 0Y521
Docket No. 14–AEA–7]
’(Lat. 40°49′16″ N., long. 76°51′51″ W.)’, series (encompassing ECCNs 0A521,
Amendment of Class E Airspace; Issued in College Park, Georgia, on March 0B521, 0C521, 0D521, and 0E521) to
Selinsgrove, PA 27, 2018. identify items that warrant control on
Ryan W. Almasy the Commerce Control List (CCL)
AGENCY:Federal Aviation Manager, Operations Support Group, Eastern because the items provide at least a
Administration (FAA), DOT. Service Center, Air Traffic Organization. significant military or intelligence
ACTION: Final rule, correction.
[FR Doc. 2018–06754 Filed 4–4–18; 8:45 am] advantage to the United States or for
BILLING CODE 4910–13–P foreign policy reasons, but are not yet
identified in an existing ECCN (77 FR
SUMMARY: This action corrects a final 22191; April 13, 2012).
rule published in the Federal Register The license requirements and policies
on March 5, 2018, amending Class E DEPARTMENT OF COMMERCE
for the ECCN 0Y521 series appear in
airspace at Penn Valley Airport, Bureau of Industry and Security § 742.6(a)(7) of the EAR, and items
Selinsgrove, PA, by correcting the classified under the series appear in
geographic coordinates of the airport. 15 CFR Part 774 supplement No. 5 to part 774.
This is an administrative change to Consistent with the procedure
coincide with the FAA’s aeronautical [Docket No. 160303184–8255–01]
established in the April 13, 2012, rule,
database. RIN 0694–AG90 the Department of Commerce, with the
concurrence of the Departments of
DATES: Effective 0901 UTC, May 24, Reclassification of Targets for the Defense and State and in consultation
2018. The Director of the Federal Production of Tritium and Related with the Department of Energy,
Register approves this incorporation by Development and Production determined that targets made of or
reference action under title 1, Code of Technology Initially Classified Under containing lithium ‘‘specially designed’’
Federal Regulations, part 51, subject to the 0Y521 Series for the production of tritium by
the annual revision of FAA Order insertion in the core of a nuclear reactor
7400.11 and publication of conforming AGENCY: Bureau of Industry and
(‘‘targets’’) and the related
amendments. Security, Commerce.
‘‘development’’ and ‘‘production’’
ACTION: Final rule. technology met the criteria for inclusion
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group, SUMMARY: In this rule, the Bureau of in the series. Controls on the targets and
Eastern Service Center, Federal Aviation Industry and Security (BIS) amends the related technologies under 0Y521 series
Administration, 1701 Columbia Avenue, Export Administration Regulations ECCNs 0A521 and 0E521, respectively,
College Park, GA 30337; telephone (404) (EAR) to impose a license requirement were published in an interim final rule,
305–6364. on exports and reexports of specified with request for comments, on August 8,
target assemblies and components for 2016 (81 FR 52326). The items were
SUPPLEMENTARY INFORMATION: controlled for regional stability (RS)
the production of tritium under new
Export Control Classification Number Column 1 reasons to all destinations
History
(ECCN) 1A231, and for the related except Canada, and a case-by-case
The FAA published a final rule in the ‘‘production’’ technology for 1A231 review policy applied to license
Federal Register (83 FR 9181, March 5, commodities covered under ECCNs applications. The only license exception
2018) for Docket No. FAA–2014–0839 1E001 and 1E201. The items identified available for these items was License
amending Class E airspace area in this rule are controlled for nuclear Exception GOV (Governments,
extending upward from 700 feet or more nonproliferation (NP) Column 1 and international organizations,
above the surface at Penn Valley anti-terrorism (AT) Column 1 reasons. international inspections under the
Airport, Selinsgrove, PA. Subsequent to These new classifications are the result Chemical Weapons Convention, and the
publication, the FAA identified a of a U.S. Government proposal International Space Station (GOV)),
submitted and agreed to by members of which applies to all ECCN 0Y521 items
clerical error in the legal description of
the relevant multilateral regime, the if within the scope of § 740.11(b)(2)(ii)
the airport. This action corrects the
Nuclear Suppliers Group (NSG), in June (Exports, reexports, and transfers (in-
geographic coordinates from ’(Lat.
2017. This final rule, as required under country) made by or consigned to a
40°49′16″ N., long. 76°51′551″ W.)’; to
the 0Y521 procedure and in fulfillment department or agency of the U.S.
’(Lat. 40°49′16″ N., long. 76°51′51″ W.)’. Government), as provided in
of multilateral commitments,
Correction to Final Rule implements the multilateral control for § 740.2(a)(14). See also supplement No.
the items adopted by the NSG. 5 to part 774. BIS did not receive any
Accordingly, pursuant to the comments in response to the August 8,
amozie on DSK30RV082PROD with RULES
authority delegated to me, in the DATES: This rule is effective April 5,
2016 rule.
Federal Register of March 5, 2018 (83 2018. Subsequent to the 0Y521
FR 9181) FR Doc. FAA–2014–0839, FOR FURTHER INFORMATION CONTACT: classification, and, as required by
Amendment of Class E Airspace for Steven Clagett, Director, Nuclear and § 742.6(a)(7)(iii), within one calendar
Penn Valley Airport, Selinsgrove, PA, is Missile Technology Controls Division, year of the August 8, 2016 rule
corrected as follows: Office of Nonproliferation and Treaty providing for the temporary 0Y521
VerDate Sep<11>2014 17:47 Apr 04, 2018 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1](https://thefederalregister.org/doc/83_FR_14646/page/1.svg)
![14582 Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations
because this regulation involves a rule. In addition, no comments were a. Target assemblies made of or containing
military or foreign affairs function of the submitted in response to the preceding lithium enriched in the lithium-6 isotope
United States (See 5 U.S.C. 553(a)(1)). interim final rule of August 8, 2016 (81 ‘‘specially designed’’ for the ‘‘production’’ of
BIS, with the concurrence of the U.S. FR 52326). Because a notice of proposed tritium through irradiation, including
Departments of Defense and State, and rulemaking and an opportunity for insertion in a nuclear reactor;
b. Components ‘‘specially designed’’ for
after consultation with the Department public comment are not required to be
the target assemblies specified in item a.
of Energy, is implementing this rule given for this rule by 5 U.S.C. 553, or
which identifies items to be controlled by any other law, the analytical Technical Note to ECCN 1A231.b.:
for nuclear nonproliferation and anti- requirements of the Regulatory Components ‘‘specially designed’’ for target
terrorism reasons. This action fulfills Flexibility Act, 5 U.S.C. 601 et seq., are assemblies for the ‘‘production’’ of tritium
not applicable. Accordingly, no may include lithium pellets, tritium getters,
the United States’ commitment to
and specially-coated cladding.
implement controls agreed to and regulatory flexibility analysis is required
adopted by members (including the and none has been prepared.
■ 3. In supplement No. 1 to part 774,
United States) of the relevant
List of Subjects in 15 CFR Part 774 Category 1, Export Control Classification
multilateral regime (the Nuclear
Exports, Reporting and recordkeeping Number (ECCN) 1E001 is revised to read
Suppliers Group). These items were
requirements. as follows:
previously and temporarily classified
for regional stability reasons under the Accordingly, part 774 of the Export 1E001 ‘‘Technology’’ according to the
ECCN 0Y521 series, indicating that the Administration Regulations (15 CFR General Technology Note for the
above-referenced agencies determined parts 730–774) is amended as follows: ‘‘development’’ or ‘‘production’’ of items
controlled by 1A002, 1A003, 1A004,
that the items should be controlled for
PART 774—[AMENDED] 1A005, 1A006.b, 1A007, 1A008, 1A101,
export because the items provide at least 1A231, 1B (except 1B608, 1B613 or
a significant military or intelligence ■ 1. The authority citation for 15 CFR 1B999), or 1C (except 1C355, 1C608,
advantage to the United States or for part 774 continues to read as follows: 1C980 to 1C984, 1C988, 1C990, 1C991,
foreign policy reasons. This rule is 1C995 to 1C999).
necessary to effect the nuclear Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. License Requirements
nonproliferation and anti-terrorism
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
foreign policy goals of the United States, Reason for Control: NS, MT, NP, CB, RS, AT
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
and therefore to ensure the security U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201
interests of the United States. et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR Country chart
Control(s) (see supp. No. 1 to
Implementation upon publication will 58767, 3 CFR, 1996 Comp., p. 228; E.O. part 738)
allow BIS to continue to prevent exports 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
of these items to users and for uses that 783; Notice of August 15, 2017, 82 FR 39005 NS applies to ‘‘tech- NS Column 1
pose a threat to the United States or its (August 16, 2017). nology’’ for items
allies. If BIS delayed this rule to allow ■ 2. In supplement No. 1 to part 774, controlled by
for prior notice and opportunity for Category 1, add Export Control 1A002, 1A003,
public comment, the resulting delay in Classification Number (ECCN) 1A231 1A005, 1A006.b,
1A007, 1B001 to
implementation, instead of immediate between ECCNs 1A227 and 1A290 to
1B003, 1B018,
implementation simultaneous with read as follows: 1C001 to 1C011,
formal removal of the temporary 0Y521 or 1C018.
Supplement No. 1 to Part 774—The
ECCN from supplement No. 5 to part NS applies to ‘‘tech- NS Column 2
Commerce Control List
774, increases the opportunity for the nology’’ for items
export of these items to users and uses * * * * * controlled by
that pose a proliferation threat, thereby 1A231 Target assemblies and components 1A004.
undermining the purpose of the initial for the production of tritium as follows MT applies to ‘‘tech- MT Column 1
(See List of Items Controlled): nology’’ for items
rule and this subsequent rule. This rule
License Requirements controlled by
serves, appropriately, as notice to the
1A101, 1B001,
public of the longer-term control of the Reason for Control: NP, AT 1B101, 1B102,
items mentioned. 1B115 to 1B119,
Further, BIS finds good cause to Country chart 1C001, 1C007,
Control(s) (see supplement No. 1C011, 1C101,
waive the 30-day delay in effectiveness 1 to part 738)
under 5 U.S.C. 553(d)(3). Immediate 1C102, 1C107,
implementation of these changes, based NP applies to entire NP Column 1 1C111, 1C116,
1C117, or 1C118
upon a description agreed to by the U.S. entry. AT Column 1
AT applies to entire for MT reasons.
and its multilateral export control NP applies to ‘‘tech- NP Column 1
regime allies, will allow BIS to continue entry.
nology’’ for items
to prevent exports of these items to List Based License Exceptions (See Part 740 controlled by
users and for uses that pose threats to for a Description of All License Exceptions) 1A002, 1A007,
the security interests to the United LVS: N/A 1A231, 1B001,
States or its allies particularly in GBS: N/A 1B101, 1B201,
relation to nuclear nonproliferation and CIV: N/A 1B225, 1B226,
anti-terrorism. If BIS delayed this rule to 1B228 to 1B234,
amozie on DSK30RV082PROD with RULES
List of Items Controlled 1C002, 1C010,
allow for a 30-day delay in
Related Controls: See ECCNs 1E001 1C111, 1C116,
effectiveness, the resulting delay in (‘‘production’’) and 1E201 (‘‘use’’) for 1C202, 1C210,
implementation would afford an technology for items controlled by this 1C216, 1C225 to
opportunity for the export of these items entry. 1C237, or 1C239
to users and uses that pose such threats, Related Definitions: N/A to 1C241 for NP
thereby undermining the purpose of the Items: reasons.
VerDate Sep<11>2014 17:47 Apr 04, 2018 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1](https://thefederalregister.org/doc/83_FR_14646/page/3.svg)
![Federal Register / Vol. 83, No. 66 / Thursday, April 5, 2018 / Rules and Regulations 14583
Country chart databases) ‘‘specially designed’’ or modified FEDERAL TRADE COMMISSION
Control(s) (see supp. No. 1 to to enable equipment to perform the functions
part 738) of equipment controlled under ECCN 16 CFR Part 305
1A004.c (Nuclear, biological and chemical
CB applies to ‘‘tech- CB Column 1 (NBC) detection systems) or ECCN 1A004.d RIN 3084–AB15
nology’’ for items (Equipment for detecting or identifying
controlled by explosives residues). (4) ‘‘Technology’’ for Energy Labeling Rule; Correction
1C351, 1C353, or lithium isotope separation (see related ECCN
1C354.
AGENCY: Federal Trade Commission
1B233) and ‘‘technology’’ for items described
CB applies to ‘‘tech- CB Column 2 in ECCN 1C012 are subject to the export (‘‘FTC’’ or ‘‘Commission’’).
nology’’ for mate- licensing authority of the Department of ACTION: Final rule; correcting
rials controlled by Energy (see 10 CFR part 810). (5) amendment.
1C350 and for ‘‘Technology’’ for items described in ECCN
chemical detection 1A102 is ‘‘subject to the ITAR’’ (see 22 CFR SUMMARY: The Federal Trade
systems and dedi- parts 120 through 130). Commission (‘‘Commission’’) is issuing
cated detectors Related Definitions: N/A a correction to the Energy Labeling Rule
therefor, in Items: The list of items controlled is to replace regulatory language
1A004.c, that also contained in the ECCN heading. inadvertently removed.
have the technical
■ 4. In supplement No. 1 to part 774, DATES: Effective April 5, 2018.
characteristics de-
scribed in 2B351.a. Category 1, Export Control Classification FOR FURTHER INFORMATION CONTACT:
RS applies to tech- RS Column 2 Number (ECCN) 1E201 is revised to read Hampton Newsome, Attorney, Division
nology for equip- as follows: of Enforcement, Bureau of Consumer
ment controlled in Protection, Federal Trade Commission,
1A004.d. 1E201 ‘‘Technology’’ according to the
General Technology Note for the ‘‘use’’
Washington, DC 20580 (202–326–2889).
AT applies to entire AT Column 1
of items controlled by 1A002, 1A007, SUPPLEMENTARY INFORMATION: The
entry.
1A202, 1A225 to 1A227, 1A231, 1B201, Commission is correcting 16 CFR part
Reporting Requirements 1B225, 1B226, 1B228 to 1B232, 1B233.b, 305 to replace language in § 305.15(b)
See § 743.1 of the EAR for reporting 1B234, 1C002.b.3 and b.4, 1C010.a, inadvertently removed by amendments
requirements for exports under License 1C010.b, 1C010.e.1, 1C202, 1C210, published on November 2, 2015 (80 FR
Exceptions, and Validated End-User 1C216, 1C225 to 1C237, 1C239 to 1C241 67285, 67299; effective November 2,
authorizations. or 1D201. 2017).
List Based License Exceptions (See Part 740 License Requirements
List of Subjects in 16 CFR Part 305
for a Description of All License Exceptions) Reason for Control: NP, AT
CIV: N/A Advertising, Energy conservation,
TSR: Yes, except for the following: Country chart Household appliances, Labeling,
(1) Items controlled for MT reasons; or Control(s) (see supp. No. 1 to Reporting and recordkeeping
(2) Exports and reexports to destinations part 738) requirements.
outside of those countries listed in Country For the reasons discussed above, part
Group A:5 (See Supplement No. 1 to part 740 NP applies to entire NP Column 1
entry, for items 305 of title 16 is corrected by making
of the EAR) of ‘‘technology’’ for the the following correcting amendment:
‘‘development’’ or production’’ of the controlled for NP
following: reasons.
AT applies to entire AT Column 1 PART 305—ENERGY AND WATER USE
(a) Items controlled by 1C001; or
(b) Items controlled by 1A002.a which are entry. LABELING FOR CONSUMER
composite structures or laminates having an PRODUCTS UNDER THE ENERGY
List Based License Exceptions (See Part 740
organic ‘‘matrix’’ and being made from for a Description of All License Exceptions)
POLICY AND CONSERVATION ACT
materials listed under 1C010.c or 1C010.d. (‘‘ENERGY LABELING RULE’’)
CIV: N/A
Special Conditions for STA TSR: N/A ■ 1. The authority citation for part 305
STA: License Exception STA may not be List of Items Controlled continues to read as follows:
used to ship or transmit ‘‘technology’’
according to the General Technology Note Related Controls: N/A Authority: 42 U.S.C. 6294.
for the ‘‘development’’ or ‘‘production’’ of Related Definitions: N/A ■ 2. In § 305.15, paragraph (b) is revised
equipment and materials specified by Items: The list of items controlled is to read as follows:
ECCNs 1A002, 1C001, 1C007.c or d, contained in the ECCN heading.
1C010.c or d or 1C012 to any of the § 305.15 Labeling for lighting products.
destinations listed in Country Group A:6
Supplement No. 5 to Part 774
[Amended] * * * * *
(See Supplement No.1 to part 740 of the (b) General service lamps. Except as
EAR).
■ 5. Amend supplement No. 5 to part provided in paragraph (f) of this section,
List of Items Controlled 774 by removing and reserving entries any covered product that is a general
Related Controls (1) Also see ECCNs for item ‘‘No. 1’’ under the subheading service lamp shall be labeled as follows:
1E101, 1E201, and 1E202. (2) See ECCN ‘‘0A521. Systems, Equipment and (1) Principal display panel content.
1E608 for ‘‘technology’’ for items classified Components.’’, and for item ‘‘No. 1’’ The principal display panel of the
under ECCN 1B608 or 1C608 that, product package shall be labeled clearly
under the subheading ‘‘0E521.
immediately prior to July 1, 2014, were and conspicuously with the following
classified under ECCN 1B018.a or 1C018.b Technology.’’
information:
amozie on DSK30RV082PROD with RULES
through .m (note that ECCN 1E001 controls Dated: March 30, 2018. (i) The light output of each lamp
‘‘development’’ and ‘‘production’’ Matthew S. Borman,
‘‘technology’’ for chlorine trifluoride included in the package, expressed as
Deputy Assistant Secretary for Export ‘‘Brightness’’ in average initial lumens
controlled by ECCN 1C111.a.3.f—see ECCN
Administration. rounded to the nearest five; and
1E101 for controls on ‘‘use’’ ‘‘technology’’ for
chlorine trifluoride). (3) See ECCN 1E002.g [FR Doc. 2018–06985 Filed 4–4–18; 8:45 am] (ii) The estimated annual energy cost
for control libraries (parametric technical BILLING CODE 3510–33–P of each lamp included in the package,
VerDate Sep<11>2014 17:47 Apr 04, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05APR1.SGM 05APR1](https://thefederalregister.org/doc/83_FR_14646/page/4.svg)
Document Created: 2018-11-01 09:13:40
Document Modified: 2018-11-01 09:13:40
| 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 April 5, 2018. | |
| 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] | |
| FR Citation | 83 FR 14580 | |
| RIN Number | 0694-AG90 | |
| CFR Associated | Exports and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR