83 FR 709 - Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations; Correction

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 83, Issue 5 (January 8, 2018)

Page Range		709-711
FR Document		2018-00059
In this final rule, the Bureau of Industry and Security corrects an error in the text of Export Control Classification Numbers (ECCNs) 0D606, 0E606, and 8A609.
Federal Register, Volume 83 Issue 5 (Monday, January 8, 2018)
[Federal Register Volume 83, Number 5 (Monday, January 8, 2018)]
[Rules and Regulations]
[Pages 709-711]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00059]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[170207157-7157-01]
RIN 0694-AH31


Revisions, Clarifications, and Technical Corrections to the 
Export Administration Regulations; Correction

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

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

SUMMARY: In this final rule, the Bureau of Industry and Security 
corrects an error in the text of Export Control Classification Numbers 
(ECCNs) 0D606, 0E606, and 8A609.

DATES: This rule is effective January 8, 2018.

FOR FURTHER INFORMATION CONTACT: Ivan Mogensen, Office of Exporter 
Services, Bureau of Industry and Security, by telephone: (202) 482-2440 
or email: [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    On December 27, 2017, BIS published a final rule, Revisions, 
Clarifications, and Technical Corrections to the Export Administration 
Regulations (82 FR 61153) (the December 27 rule), which made 
corrections to certain provisions of the Export Administration 
Regulations (EAR), including the Commerce Control List (part 774 of the 
EAR) (CCL). The corrections were editorial in nature and did not affect 
license requirements. In this final rule, BIS is amending ECCNs 0D606 
and 0E606 by reinstating original text that was erroneously replaced 
with the text for ECCNs 0D614 and 0E614, respectively, in the December 
27 rule. In addition, this rule reinstates paragraph (2) of the Special 
Conditions for STA in ECCN 8A609.

Part 774

    ECCNs 0D606 and 0E606: The December 27 rule amended ECCN 
subparagraphs 0D606.a and 0E606.a to include references to ECCNs 0B606 
and 0C606. During drafting, the License Requirements section and the 
text following the revised subparagraphs for both ECCNs was exchanged 
with the text for ECCNs 0D614 and 0E614, respectively. In order to 
follow the guidelines of the original preamble, this correction to the 
December 27 rule restores the original License Requirements section and 
the text of ECCNs 0D606 and 0E606 following subparagraph .a in both 
ECCNs. In addition, this rule replaces the incorrect reference to 0D606 
with 0E606 in the Special Conditions for STA of ECCN 0E606.
    ECCN 8A609: The December 27 rule amended ECCN 8A609 by revising the 
title reference in these ECCNs to match the current title of Sec.  
740.20(g) and in doing so inadvertently removed paragraph (2) of the 
Special Conditions for STA. This rule restores paragraph (2) of the 
Special Conditions for STA in ECCN 8A609.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, 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 EAR 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 does not impose any regulatory burden on the 
public and is consistent with the goals of Executive Order 13563. This 
rule has been designated 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. This final rule does not contain information collections subject 
to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.) (PRA). 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 Office of Management and Budget (OMB) Control Number.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The Department of Commerce finds that there is good cause under 
5 U.S.C. 553(b)(B) to waive the provisions of the Administrative 
Procedure Act otherwise requiring prior notice and the opportunity for 
public comment because they are unnecessary. The revisions made by this 
rule are administrative in nature and do not affect the privileges and 
obligations of the public. Additionally, it is important that the edits 
and clarifications are added as soon as possible to prevent improper 
interpretation of the EAR. The Department also finds that there is good 
cause under 5 U.S.C. 553(b)(A) to waive the provisions of the 
Administrative Procedure Act requiring notice and comment because these 
changes are limited to providing guidance on existing interpretations 
of current EAR provisions. Because these revisions are not substantive 
changes to the EAR, the 30-day delay in effectiveness otherwise 
required by 5 U.S.C. 553(d) is not applicable. No other law requires 
that a notice of proposed rulemaking and opportunity for public comment 
be given for this rule. The analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et. seq.) are not applicable because no 
general notice of proposed rulemaking was required

[[Page 710]]

for this rule by 5 U.S.C. 553, or by any other law. 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 part 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 0, ECCN 0D606 is revised 
to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
0D606 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of ground vehicles and 
related commodities controlled by 0A606, 0B606, or 0C606 (see List 
of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN.

 
                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry, except 0D606.y  NS Column 1.
RS applies to entire entry, except 0D606.y  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 0D606.y  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions

(See Part 740 for a description of all license exceptions)

CIV: N/A.
TSR: N/A.

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any software in 0D606.

List of Items Controlled

Related Controls: (1) Software directly related to articles 
enumerated or otherwise described in USML Category VII are subject 
to the controls of USML paragraph VII(h). (2) See ECCN 0A919 for 
foreign made ``military commodities'' that incorporate more than a 
de minimis amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A.
Items:

    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or 
0C606.
    b. through x. [RESERVED]
    y. ``Specific software'' ``specially designed'' for the 
``production,'' ``development,'' operation, or maintenance of 
commodities described in ECCN 0A606.y.


0
3. In supplement No. 1 to part 774, Category 0, ECCN 0E606 is revised 
to read as follows:

0E606 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of ground vehicles and related commodities 
in 0A606, 0B606, 0C606, or software in 0D606 (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN.

 
                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry, except 0E606.y  NS Column 1.
RS applies to entire entry, except 0D606.y  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 0D606.y  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions

(See Part 740 for a description of all license exceptions)

CIV: N/A.
TSR: N/A.

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any technology in 0E606.

List of Items Controlled

Related Controls: Technical data directly related to articles 
enumerated in USML Category VII are subject to the controls of USML 
paragraph VII(h).
Related Definitions: N/A.
Items:

    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities enumerated or otherwise 
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y), 
0B606, or 0C606.
    b. through x. [RESERVED]
    y. Specific ``technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul or refurbishing of commodities or software in ECCN 0A606.y 
or 0D606.y.

0
4. In supplement No. 1 to part 774, Category 8, ECCN 8A609 is revised 
to read as follows:

8A609 Surface vessels of war and related commodities (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN.

 
                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry, except 8A609.y  NS Column 1.
RS applies to entire entry, except 8A609.y  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry, except 8A609.y  See Sec.   746.1(b) for UN
                                             controls.
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500.
GBS: N/A.
CIV: N/A.

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a, 
unless determined by BIS to be eligible for License Exception STA in 
accordance with Sec.  740.20(g) (License Exception STA eligibility 
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2) 
of License Exception STA (Sec.  740.20(c)(2) of the EAR) may not be 
used for any item in 8A609.

List of Items Controlled

Related Controls: (1) Surface vessels of war and special naval 
equipment, and technical data (including software), and services 
directly related thereto, described in 22 CFR part 121, Category VI, 
Surface Vessels of War and Special Naval Equipment, are subject to 
the jurisdiction of the International Traffic in Arms Regulations. 
(2) See ECCN 0A919 for foreign-made ``military commodities'' that 
incorporate more than a de minimis amount of U.S.- origin ``600 
series'' controlled content. (3) For controls on diesel engines and 
electric motors that are ``subject to the EAR'' for surface vessels 
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN 
8A992.g. For diesel engines and electric motors for surface vessels 
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c) 
for parts, components, accessories, and attachments, ``specially 
designed'' for developmental vessels funded by the Department of 
Defense via contract or other funding authorization. (4) For 
controls on military gas turbine

[[Page 711]]

engines and related items for vessels of war, see ECCN 9A619.
Related Definitions: N/A.
Items:

    a. Surface vessels of war ``specially designed'' for a military 
use and not enumerated or otherwise described in the USML.

    Note 1: 8A609.a includes: (i) Underway replenishment ships; (ii) 
surface vessel and submarine tender and repair ships, except vessels 
that are ``specially designed'' to support naval nuclear propulsion 
plants; (iii) non-submersible submarine rescue ships; (iv) other 
auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP, ARL, AVB, 
AVM, and AVT); (v) amphibious warfare craft, except those that are 
armed; and (vi) unarmored and unarmed coastal, patrol, roadstead, 
and Coast Guard and other patrol craft with mounts or hard points 
for firearms of .50 caliber or less.


    Note 2: For purposes of paragraph .a, surface vessels of war 
includes vessels ``specially designed'' for military use that are 
not identified in paragraph (a) of ITAR Sec.  121.15, including any 
demilitarized vessels, regardless of origin or designation, 
manufactured prior to 1950 and that have not been modified since 
1949. For purposes of this note, the term modified does not include 
incorporation of safety features required by law, cosmetic changes 
(e.g., different paint), or the addition of ``parts'' or 
``components'' available prior to 1950.

    b. Non-magnetic diesel engines with a power output of 50 hp or 
more and either of the following:
    b.1. Non-magnetic content exceeding 25% of total weight; or
    b.2. Non-magnetic parts other than crankcase, block, head, 
pistons, covers, end plates, valve facings, gaskets, and fuel, 
lubrication and other supply lines.
    c. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' that are ``specially designed'' for a commodity 
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y) 
or a defense article enumerated or otherwise described in USML 
Category VI and not specified elsewhere on the USML, in 8A609.y or 
3A611.y.

    Note 1: Forgings, castings, and other unfinished products, such 
as extrusions and machined bodies, that have reached a stage in 
manufacturing where they are clearly identifiable by mechanical 
properties, material composition, geometry, or function as 
commodities controlled by ECCN 8A609.x are controlled by ECCN 
8A609.x.


    Note 2: ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' specified in USML subcategory VI(f) are subject to 
the controls of that paragraph. ``Parts,'' ``components,'' 
``accessories,'' and ``attachments'' specified in ECCN 8A609.y are 
subject to the controls of that paragraph.

    y. Specific ``parts,'' ``components,'' ``accessories'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this ECCN or for a defense article in USML Category VI 
and not elsewhere specified in the USML, as follows, and ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' therefor:
    y.1. Public address (PA) systems;
    y.2. Filters and filter assemblies, hoses, lines, fittings, 
couplings, and brackets for pneumatic, hydraulic, oil and fuel 
systems;
    y.3. Galleys;
    y.4. Lavatories;
    y.5. Magnetic compass, magnetic azimuth detector;
    y.6. Medical facilities;
    y.7. Potable water tanks, filters, valves, hoses, lines, 
fittings, couplings, and brackets;
    y.8. Panel knobs, indicators, switches, buttons, and dials 
whether unfiltered or filtered for use with night vision imaging 
systems;
    y.9. Emergency lighting;
    y.10. Gauges and indicators;
    y.11. Audio selector panels.

    Dated: January 2, 2018.
Karen H. Nies-Vogel,
Director, Office of Exporter Services.
[FR Doc. 2018-00059 Filed 1-5-18; 8:45 am]
BILLING CODE-P
Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations 709

violation predated such adjustment, license requirements. In this final rule, (including potential economic,
which are assessed by the Department of BIS is amending ECCNs 0D606 and environmental, public health and safety
Commerce after the effective date of the 0E606 by reinstating original text that effects, distributive impacts, and
new civil monetary penalty level, and was erroneously replaced with the text equity). Executive Order 13563
before the effective date of any future for ECCNs 0D614 and 0E614, emphasizes the importance of
adjustments for inflation to civil respectively, in the December 27 rule. In quantifying both costs and benefits, of
monetary penalties thereto made addition, this rule reinstates paragraph reducing costs, of harmonizing rules,
subsequent to January 15, 2018 as (2) of the Special Conditions for STA in and of promoting flexibility. This rule
provided in § 6.5. ECCN 8A609. does not impose any regulatory burden
on the public and is consistent with the
§ 6.5 Subsequent annual adjustments for Part 774
goals of Executive Order 13563. This
inflation to civil monetary penalties. ECCNs 0D606 and 0E606: The rule has been designated not significant
The Secretary of Commerce or his or December 27 rule amended ECCN for purposes of Executive Order 12866.
her designee by regulation shall make subparagraphs 0D606.a and 0E606.a to This rule is not an Executive Order
subsequent adjustments for inflation to include references to ECCNs 0B606 and 13771 regulatory action because this
the Department of Commerce’s civil 0C606. During drafting, the License rule is not significant under Executive
monetary penalties annually, which Requirements section and the text Order 12866.
shall take effect not later than January following the revised subparagraphs for 2. This final rule does not contain
15, notwithstanding section 553 of title both ECCNs was exchanged with the information collections subject to the
5, United States Code. text for ECCNs 0D614 and 0E614, requirements of the Paperwork
[FR Doc. 2017–28230 Filed 1–5–18; 8:45 am] respectively. In order to follow the Reduction Act of 1995 (44 U.S.C. 3501
BILLING CODE 3510–DP–P
guidelines of the original preamble, this et seq.) (PRA). Notwithstanding any
correction to the December 27 rule other provision of law, no person is
restores the original License required to respond to, nor is subject to
DEPARTMENT OF COMMERCE Requirements section and the text of a penalty for failure to comply with, a
ECCNs 0D606 and 0E606 following collection of information, subject to the
Bureau of Industry and Security subparagraph .a in both ECCNs. In requirements of the Paperwork
addition, this rule replaces the incorrect Reduction Act of 1995 (44 U.S.C. 3501
15 CFR Part 774 reference to 0D606 with 0E606 in the et seq.) (PRA), unless that collection of
[170207157–7157–01] Special Conditions for STA of ECCN information displays a currently valid
0E606. Office of Management and Budget
RIN 0694–AH31 ECCN 8A609: The December 27 rule (OMB) Control Number.
amended ECCN 8A609 by revising the 3. This rule does not contain policies
Revisions, Clarifications, and title reference in these ECCNs to match with Federalism implications as that
Technical Corrections to the Export the current title of § 740.20(g) and in term is defined in Executive Order
Administration Regulations; doing so inadvertently removed 13132.
Correction paragraph (2) of the Special Conditions 4. The Department of Commerce finds
for STA. This rule restores paragraph (2) that there is good cause under 5 U.S.C.
AGENCY: Bureau of Industry and
of the Special Conditions for STA in 553(b)(B) to waive the provisions of the
Security, Commerce.
ECCN 8A609. Administrative Procedure Act otherwise
ACTION: Final rule; correcting requiring prior notice and the
amendments. Export Administration Act opportunity for public comment
SUMMARY: In this final rule, the Bureau Since August 21, 2001, the Export because they are unnecessary. The
of Industry and Security corrects an Administration Act of 1979, as revisions made by this rule are
error in the text of Export Control amended, has been in lapse. However, administrative in nature and do not
Classification Numbers (ECCNs) 0D606, the President, through Executive Order affect the privileges and obligations of
0E606, and 8A609. 13222 of August 17, 2001, 3 CFR, 2001 the public. Additionally, it is important
Comp., p. 783 (2002), as amended by that the edits and clarifications are
DATES: This rule is effective January 8, added as soon as possible to prevent
Executive Order 13637 of March 8,
2018. improper interpretation of the EAR. The
2013, 78 FR 16129 (March 13, 2013),
FOR FURTHER INFORMATION CONTACT: Ivan and as extended by the Notice of August Department also finds that there is good
Mogensen, Office of Exporter Services, 15, 2017, 82 FR 39005 (August 16, 2017) cause under 5 U.S.C. 553(b)(A) to waive
Bureau of Industry and Security, by has continued the EAR in effect under the provisions of the Administrative
telephone: (202) 482–2440 or email: the International Emergency Economic Procedure Act requiring notice and
Ivan.Mogensen@bis.doc.gov. Powers Act (50 U.S.C. 1701 et seq.). BIS comment because these changes are
SUPPLEMENTARY INFORMATION: continues to carry out the provisions of limited to providing guidance on
the Export Administration Act, as existing interpretations of current EAR
Overview provisions. Because these revisions are
appropriate and to the extent permitted
On December 27, 2017, BIS published by law, pursuant to Executive Order not substantive changes to the EAR, the
a final rule, Revisions, Clarifications, 13222 as amended by Executive Order 30-day delay in effectiveness otherwise
and Technical Corrections to the Export 13637. required by 5 U.S.C. 553(d) is not
Administration Regulations (82 FR applicable. No other law requires that a
jstallworth on DSKBBY8HB2PROD with RULES

61153) (the December 27 rule), which Rulemaking Requirements notice of proposed rulemaking and
made corrections to certain provisions 1. Executive Orders 13563 and 12866 opportunity for public comment be
of the Export Administration direct agencies to assess all costs and given for this rule. The analytical
Regulations (EAR), including the benefits of available regulatory requirements of the Regulatory
Commerce Control List (part 774 of the alternatives and, if regulation is Flexibility Act (5 U.S.C. 601 et. seq.) are
EAR) (CCL). The corrections were necessary, to select regulatory not applicable because no general notice
editorial in nature and did not affect approaches that maximize net benefits of proposed rulemaking was required

VerDate Sep<11>2014 15:10 Jan 05, 2018 Jkt 244001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\08JAR1.SGM 08JAR1
710 Federal Register / Vol. 83, No. 5 / Monday, January 8, 2018 / Rules and Regulations

for this rule by 5 U.S.C. 553, or by any to the controls of USML paragraph VII(h). y. Specific ‘‘technology’’ ‘‘required’’ for the
other law. Accordingly, no regulatory (2) See ECCN 0A919 for foreign made ‘‘development,’’ ‘‘production,’’ operation,
flexibility analysis is required and none ‘‘military commodities’’ that incorporate installation, maintenance, repair, overhaul or
more than a de minimis amount of U.S.- refurbishing of commodities or software in
has been prepared.
origin ‘‘600 series’’ controlled content. ECCN 0A606.y or 0D606.y.
List of Subjects in 15 CFR Part 774 Related Definitions: N/A. ■ 4. In supplement No. 1 to part 774,
Items:
Exports, Reporting and recordkeeping Category 8, ECCN 8A609 is revised to
requirements. a. ‘‘Software’’ ‘‘specially designed’’ for the read as follows:
‘‘development,’’ ‘‘production,’’ operation, or
Accordingly, part 774 of the Export maintenance of commodities controlled by 8A609 Surface vessels of war and related
Administration Regulations (15 CFR ECCNs 0A606 (except for ECCNs 0A606.b or commodities (see List of Items
part 774) is amended as follows: 0A606.y), 0B606, or 0C606. Controlled).
b. through x. [RESERVED] License Requirements
PART 774—[AMENDED] y. ‘‘Specific software’’ ‘‘specially designed’’
for the ‘‘production,’’ ‘‘development,’’ Reason for Control: NS, RS, AT, UN.
■ 1. The authority citation for 15 CFR operation, or maintenance of commodities
part 774 continues to read as follows: described in ECCN 0A606.y. Country Chart
Control(s) (See Supp. No. 1
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. to part 738)
1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. ■ 3. In supplement No. 1 to part 774,
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et Category 0, ECCN 0E606 is revised to NS applies to entire NS Column 1.
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 read as follows: entry, except
U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 8A609.y.
0E606 ‘‘Technology’’ ‘‘required’’ for the
et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR RS applies to entire RS Column 1.
‘‘development,’’ ‘‘production,’’
58767, 3 CFR, 1996 Comp., p. 228; E.O. entry, except
13222, 66 FR 44025, 3 CFR, 2001 Comp., p. operation, installation, maintenance,
8A609.y.
783; Notice of August 15, 2017, 82 FR 39005 repair, overhaul, or refurbishing of
AT applies to entire AT Column 1.
(August 16, 2017). ground vehicles and related
entry.
commodities in 0A606, 0B606, 0C606, or
■ 2. In supplement No. 1 to part 774, UN applies to entire See § 746.1(b) for UN
software in 0D606 (see List of Items
entry, except controls.
Category 0, ECCN 0D606 is revised to Controlled).
8A609.y.
read as follows: License Requirements
List Based License Exceptions (See Part 740
Supplement No. 1 to Part 774—The Reason for Control: NS, RS, AT, UN. for a description of all license exceptions)
Commerce Control List LVS: $1500.
Country Chart
* * * * * Control(s) (See Supp. No. 1
GBS: N/A.
0D606 ‘‘Software’’ ‘‘specially designed’’ for to part 738) CIV: N/A.
the ‘‘development,’’ ‘‘production,’’
Special Conditions for STA
operation, or maintenance of ground NS applies to entire NS Column 1.
vehicles and related commodities entry, except STA: (1) Paragraph (c)(1) of License
controlled by 0A606, 0B606, or 0C606 0E606.y. Exception STA (§ 740.20(c)(1) of the EAR)
(see List of Items Controlled). RS applies to entire RS Column 1. may not be used for any item in 8A609.a,
entry, except unless determined by BIS to be eligible for
License Requirements License Exception STA in accordance with
0D606.y.
Reason for Control: NS, RS, AT, UN. AT applies to entire AT Column 1. § 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
entry.
Country Chart series’’ items). (2) Paragraph (c)(2) of
UN applies to entire See § 746.1(b) for UN
Control(s) (See Supp. No. 1 License Exception STA (§ 740.20(c)(2) of
to part 738) entry, except controls.
the EAR) may not be used for any item in
0D606.y.
8A609.
NS applies to entire NS Column 1. List Based License Exceptions
entry, except List of Items Controlled
0D606.y. (See Part 740 for a description of all license
Related Controls: (1) Surface vessels of war
RS applies to entire RS Column 1. exceptions)
and special naval equipment, and technical
entry, except CIV: N/A. data (including software), and services
0D606.y. TSR: N/A. directly related thereto, described in 22
AT applies to entire AT Column 1. Special Conditions for STA CFR part 121, Category VI, Surface Vessels
entry. of War and Special Naval Equipment, are
UN applies to entire See § 746.1(b) for UN STA: Paragraph (c)(2) of License Exception subject to the jurisdiction of the
entry, except controls. STA (§ 740.20(c)(2) of the EAR) may not be International Traffic in Arms Regulations.
0D606.y. used for any technology in 0E606. (2) See ECCN 0A919 for foreign-made
List of Items Controlled ‘‘military commodities’’ that incorporate
List Based License Exceptions more than a de minimis amount of U.S.-
(See Part 740 for a description of all license Related Controls: Technical data directly origin ‘‘600 series’’ controlled content. (3)
exceptions) related to articles enumerated in USML For controls on diesel engines and electric
Category VII are subject to the controls of motors that are ‘‘subject to the EAR’’ for
CIV: N/A.
TSR: N/A. USML paragraph VII(h). surface vessels of war ‘‘subject to the EAR’’
Related Definitions: N/A. or ‘‘subject to the ITAR,’’ see ECCN
Special Conditions for STA Items: 8A992.g. For diesel engines and electric
jstallworth on DSKBBY8HB2PROD with RULES

STA: Paragraph (c)(2) of License Exception a. ‘‘Technology’’ ‘‘required’’ for the motors for surface vessels of war ‘‘subject
STA (§ 740.20(c)(2) of the EAR) may not be ‘‘development,’’ ‘‘production,’’ operation, to the ITAR,’’ see 22 CFR part 121,
used for any software in 0D606. installation, maintenance, repair, overhaul, Category VI(c) for parts, components,
or refurbishing of commodities enumerated accessories, and attachments, ‘‘specially
List of Items Controlled or otherwise described in ECCN 0A606 designed’’ for developmental vessels
Related Controls: (1) Software directly related (except for ECCNs 0A606.b or 0A606.y), funded by the Department of Defense via
to articles enumerated or otherwise 0B606, or 0C606. contract or other funding authorization. (4)
described in USML Category VII are subject b. through x. [RESERVED] For controls on military gas turbine

VerDate Sep<11>2014 15:10 Jan 05, 2018 Jkt 244001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\08JAR1.SGM 08JAR1
Document Created: 2018-01-06 02:32:11
Document Modified: 2018-01-06 02:32:11
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; correcting amendments.
Dates		This rule is effective January 8, 2018.
Contact		Ivan Mogensen, Office of Exporter Services, Bureau of Industry and Security, by telephone: (202) 482-2440 or email: [email protected]
FR Citation		83 FR 709
RIN Number		0694-AH31
CFR Associated		Exports and Reporting and Recordkeeping Requirements
83 FR 709 - Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations; Correction

DEPARTMENT OF COMMERCEBureau of Industry and Security

Federal Register Volume 83, Issue 5 (January 8, 2018)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security
