Vol. 78 Friday, No. 193 October 4, 2013 Pages 61803–61936

Vol. 78 Friday, No. 193 October 4, 2013

Pages 61803–61936

OFFICE OF THE FEDERAL REGISTER

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Contents Federal Register Vol. 78, No. 193

Friday, October 4, 2013

Army Department Interior Department See Engineers Corps See Fish and Wildlife Service

Centers for Medicare & Medicaid Services Justice Department NOTICES See Justice Programs Office Agency Information Collection Activities; Proposals, NOTICES Submissions, and Approvals, 61846–61851 Proposed Consent Decrees under the Safe Drinking Water Act, 61867–61868 Civil Rights Commission NOTICES Requests for Applications: Justice Programs Office State Advisory Committees, 61839 NOTICES Agency Information Collection Activities; Proposals, Commerce Department Submissions, and Approvals: See Industry and Security Bureau Bureau of Justice Assistance Application Form; Law See National Oceanic and Atmospheric Administration Enforcement Congressional Badge of Bravery, 61868

Defense Department Labor Department See Engineers Corps See Labor Statistics Bureau Engineers Corps NOTICES Labor Statistics Bureau Environmental Impact Statements; Availability, etc.: NOTICES Mid-Barataria Sediment Diversion, Plaquemines Parish, Agency Information Collection Activities; Proposals, LA, 61843–61844 Submissions, and Approvals, 61868–61869 North Atlantic Coast Comprehensive Study, 61844 National Institutes of Health Environmental Protection Agency NOTICES NOTICES Meetings: Environmental Impact Statements; Weekly Receipts, 61844– National Human Genome Research Institute, 61851 61845 National Labor Relations Board Executive Office of the President NOTICES See Presidential Documents Procedures to be Followed in the Event Board Offices are Federal Reserve System Closed Due to a Lapse in Appropriated Funds, 61869– 61870 NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 61845 National Oceanic and Atmospheric Administration Proposals to Engage in or to Acquire Companies Engaged in RULES Permissible Nonbanking Activities, 61845 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Fish and Wildlife Service Closure of the 2013 South Atlantic Commercial Sector for NOTICES Red Snapper, 61826–61827 Meetings: Fisheries of the Northeastern United States: Sport Fishing and Boating Partnership Council, 61866– Atlantic Herring Fishery; Framework Adjustment 2 and 61867 Specifications, 61828–61838 Atlantic Herring Fishery; Removal of 2,000-lb (907.2-kg) Health and Human Services Department Herring Trip Limit in Atlantic Herring Management See Centers for Medicare & Medicaid Services Area 2, 61838 See National Institutes of Health Reef Fish Fishery of the Gulf of Mexico: 2013 Recreational Accountability Measure and Closure Housing and Urban Development Department for Gray Triggerfish in the Gulf of Mexico, 61827– NOTICES 61828 Federal Property Suitable as Facilities to Assist the Taking of Marine Mammals Incidental to Commercial Homeless, 61851–61866 Fishing Operations: Harbor Porpoise Take Reduction Plan, 61821–61826 Industry and Security Bureau NOTICES RULES Meetings: Export Administration Regulations: Gulf of Mexico Fishery Management Council, 61842– Revisions to Make the Commerce Control List Clearer, 61843 61874–61935 Pacific Fishery Management Council, 61839–61842

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National Science Foundation Surface Transportation Board NOTICES NOTICES Meetings: Meetings: Advisory Committee for Computer and Information Grenada Railway, LLC; Rail Lines in Grenada, Science and Engineering, 61870–61871 Montgomery, Carroll, Holmes, Yazoo and Madison Counties, MS, 61871

Presidential Documents Transportation Department PROCLAMATIONS See Surface Transportation Board Special Observances: National Arts and Humanities Month (Proc. 9027), Veterans Affairs Department 61803–61804 NOTICES National Breast Cancer Awareness Month (Proc. 9028), Meetings: 61805–61806 Advisory Committee on Cemeteries and Memorials, National Cybersecurity Awareness Month (Proc. 9029), 61871–61872 61807–61808 National Disability Employment Awareness Month (Proc. 9030), 61809–61810 Separate Parts In This Issue National Domestic Violence Awareness Month (Proc. 9031), 61811–61812 Part II Commerce Department, Industry and Security Bureau, National Energy Action Month (Proc. 9032), 61813–61814 61874–61935 National Substance Abuse Prevention Month (Proc. 9033), 61815–61816 EXECUTIVE ORDERS Reader Aids Committees; Establishment, Renewal, Termination, etc.: Consult the Reader Aids section at the end of this page for Federal Advisory Committees; Continuance (EO 13652), phone numbers, online resources, finding aids, reminders, 61817–61820 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Culturally Significant Objects Imported for Exhibition: archives, FEDREGTOC-L, Join or leave the list (or change focus, Monika Baer and Monika Baer, 61871 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 9027...... 61803 9028...... 61805 9029...... 61807 9030...... 61809 9031...... 61811 9032...... 61813 9033...... 61815 Executive Orders: 13652...... 61817 15 CFR 734...... 61874 738...... 61874 740...... 61874 742...... 61874 748...... 61874 750...... 61874 772...... 61874 774...... 61874 50 CFR 229...... 61821 622 (2 documents) ...... 61826, 61827 648 (2 documents) ...... 61828, 61838

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Federal Register Presidential Documents Vol. 78, No. 193

Friday, October 4, 2013

Title 3— Proclamation 9027 of September 30, 2013

The President National Arts and Humanities Month, 2013

By the President of the United States of America

A Proclamation Throughout our history, America has advanced not only because of our people’s will or our leaders’ vision, but also because of paintings and poems, stories and songs, dramas and dances. These works open our minds and nourish our souls, helping us understand what it means to be human and what it means to be American. During National Arts and Humanities Month, we celebrate the rich heritage of arts and humanities that has long been at the core of our country’s story. Our history is a testament to the boundless capacity of the arts and humanities to shape our views of democracy, freedom, and tolerance. Each of us knows what it is like to have our beliefs changed by a writer’s perspective, our understanding deepened by a historian’s insight, or our waning spirit lifted by a singer’s voice. These are some of the most striking and memorable moments in our lives, and they reflect lasting truths—that the arts and humanities speak to everyone and that in the great arsenal of progress, the human imagination is our most powerful tool. Ensuring our children and our grandchildren can share these same experiences and hone their own talents is essential to our Nation’s future. Some- where in America, the next great author is wrestling with a sentence in her first short story, and the next great artist is doodling in the pages of his notebook. We need these young people to succeed as much as we need our next generation of engineers and scientists to succeed. And that is why my Administration remains dedicated to strengthening initiatives that not only provide young people with the nurturing that will help their talents grow, but also the skills to think critically and creatively throughout their lives. This month, we pay tribute to the indelible ways the arts and humanities have shaped our Union. Let us encourage future generations to carry this tradition forward. And as we do so, let us celebrate the power of artistic expression to bridge our differences and reveal our common heritage. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Arts and Humanities Month. I call upon the people of the United States to join together in observing this month with appropriate ceremonies, activities, and programs to celebrate the arts and the humanities in America.

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IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty- eighth.

[FR Doc. 2013–24381 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Proclamation 9028 of September 30, 2013

National Breast Cancer Awareness Month, 2013

By the President of the United States of America

A Proclamation Every October, America stands in solidarity with those battling breast cancer and those at risk for breast cancer. This disease touches every corner of the United States—in 2013 alone, more than 230,000 women and over 2,000 men will be diagnosed with breast cancer, and tens of thousands will die from it. As we observe National Breast Cancer Awareness Month, we salute the women and men who dedicate themselves to prevention, detection, and treatment; we show our support for every individual and every family struggling with breast cancer; and we pause to remember those we have lost. Over the past two decades, our Nation has made strides in the fight against breast cancer. While we still do not know the exact causes, we do know that some women are at an increased risk of developing this disease, including those who have a personal or family history, who are older, or who are overweight or obese after menopause. Because early detection can decrease the risk of death from breast cancer, I encourage women to speak with their doctors about recommended mammograms and clinical breast exams. Whether you are looking for information about breast cancer prevention, treatment of metastatic breast cancer, or information about the latest research, all Americans can learn more by visiting www.Cancer.gov. Last year, my Administration invested over half a billion dollars in breast cancer research. We proudly support studies aimed at discovering better screening methods, developing more effective treatments, and improving our understanding of this disease. And because everyone should have access to preventive services, the Afford- able Care Act requires most health insurance plans to fully cover recommended breast cancer screenings. This law also prohibits insurers from setting lifetime dollar limits on coverage, or from dropping coverage because of errors on paperwork. Beginning in 2014, companies will no longer be able to put dollar limits on annual benefits or deny insurance because of pre-existing conditions, including breast cancer. And starting October 1, Americans can visit www.HealthCare.gov to shop for affordable coverage in the new Health Insurance Marketplace. This month, we reaffirm our commitment to reduce the burden of breast cancer. We join hands with our mothers, daughters, sisters, and friends. We renew our support for increased access to screenings and care, and we advance the innovative research that will usher in a new era in the fight against breast cancer. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Breast Cancer Awareness Month. I encourage citizens, government agencies, private businesses, nonprofit organizations, and all other interested groups to join in activities that will increase awareness of what Americans can do to prevent breast cancer.

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[FR Doc. 2013–24382 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Proclamation 9029 of September 30, 2013

National Cybersecurity Awareness Month, 2013

By the President of the United States of America

A Proclamation In an increasingly interconnected world, many Americans rely on the Internet and digital tools every day—from communicating with colleagues, friends, and family across the globe to banking and shopping without leaving our homes. Technology is reshaping every aspect of our lives, and protecting our digital infrastructure from cyber threats is one of our highest security priorities. This month, we expand public awareness about cybersecurity, and we recommit to enhancing the security and resilience of our Nation’s infrastructure while maintaining an environment that encourages efficiency and innovation. Incredible advances in technology also bring increased risk of disruptive cyber incidents. My Administration is dedicated to building a system of protections in both the private and public sectors to keep out malicious forces while preserving the openness and extraordinary power of the Internet. Our national and economic security depend on a reliable digital infrastructure in the face of threats, which is why earlier this year, I signed an Executive Order and issued a Presidential Policy Directive to strengthen this critical infrastructure. In tandem, these actions will enable us to develop and implement a framework of best practices for cybersecurity, increase information sharing between the Federal Government and industry partners, and build collaborative partnerships. All of us have a role to play in safeguarding the networks we use in our daily lives. Understanding the risks associated with being online can help secure personal information and prevent identity theft and fraud. The Department of Homeland Security’s ‘‘Stop.Think.Connect.’’ campaign empowers digital citizens with the tools to make smart decisions as they navigate cyberspace. For more information on computing practices, visit www.DHS.gov/StopThinkConnect. Our digital infrastructure is a strategic national asset, and my Administration is committed to strengthening this vital resource. As we mark the 10th anniversary of Cybersecurity Awareness Month, let us welcome the great possibilities cyberspace provides and continue to invest in the security measures and innovation that will enable us to safely and fully realize those possibilities. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Cybersecurity Awareness Month. I call upon the people of the United States to recognize the importance of cybersecurity and to observe this month with activities, events, and training that will enhance our national security and resilience.

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[FR Doc. 2013–24383 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Proclamation 9030 of September 30, 2013

National Disability Employment Awareness Month, 2013

By the President of the United States of America

A Proclamation Our Nation has always drawn its strength from the differences of our people, from a vast range of thought, experience, and ability. Every day, Americans with disabilities enrich our communities and businesses. They are leaders, entrepreneurs, and innovators, each with unique talents to contribute and points of view to express. During National Disability Employment Awareness Month, we nurture our culture of diversity and renew our commitment to building an American workforce that offers inclusion and opportunity for all. Since the passage of the Americans with Disabilities Act, we have made great progress in removing barriers for hardworking Americans. Yet today, only 20 percent of Americans with disabilities, including veterans who became disabled while serving our country, participate in our labor force. We need their talent, dedication, and creativity, which is why my Administra- tion proudly supports increased employment opportunities for people with disabilities. To that end, I remain dedicated to implementing Executive Order 13548, which called on Federal agencies to increase recruitment, hiring, and retention of people with disabilities. As a result of our efforts, the Federal Government is hiring people with disabilities at a higher rate than at any point in over three decades. Most recently, we updated the rules to make sure Federal contractors and subcontractors are doing more to recruit, hire, and promote qualified individuals with disabilities, including disabled veterans. And thanks to the Affordable Care Act, States are taking advantage of new options to support and expand home and community- based services. In the years to come, I will remain committed to ensuring the Federal Government leads by example. This year, as we mark the 40th anniversary of the Rehabilitation Act, I will continue to marshal the full resources of my Administration toward effective and comprehensive implementation. If we swing wide the doors of opportunity for our family, friends, and neighbors with disabilities, all of us will enjoy the benefits of their professional contributions. This month, let us uphold the ideals of equal access, equal opportunity, and a level playing field for all Americans. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Disability Employment Awareness Month. I urge all Americans to embrace the talents and skills that individuals with disabilities bring to our workplaces and communities and to promote the right to equal employment opportunity for all people.

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[FR Doc. 2013–24384 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Proclamation 9031 of September 30, 2013 National Domestic Violence Awareness Month, 2013

By the President of the United States of America

A Proclamation Since the passage of the Violence Against Women Act (VAWA) nearly 20 years ago, our Nation’s response to domestic violence has greatly improved. What was too often seen as a private matter best hidden behind closed doors is now an established issue of national concern. We have changed our laws, transformed our culture, and improved support services for survivors. We have seen a significant drop in domestic violence homicides and improved training for police, prosecutors, and advocates. Yet we must do more to provide protection and justice for survivors and to prevent violence from occurring. During National Domestic Violence Awareness Month, we stand with domestic abuse survivors, celebrate our Nation’s progress in combatting these despicable crimes, and resolve to carry on until domestic violence is no more. Although we have made substantial progress in reducing domestic violence, one in four women and one in seven men in the United States still suffer serious physical violence at the hands of an intimate partner at least once during their lifetimes. Every day, three women lose their lives in this country as a result of domestic violence. Millions of Americans live in daily, silent fear within their own homes. My Administration remains devoted to halting this devastating violence. To lead by example, last year I directed Federal agencies to develop policies to assist victims of domestic violence in the Federal workforce. Earlier this year, Vice President Biden announced new grants for initiatives that aim to reduce domestic violence homicides across our country. This past spring, I signed the Violence Against Women Reauthorization Act. The Act provides law enforcement with better resources to investigate cases of rape, gives colleges more tools to educate students about dating violence and sexual assault, and empowers tribal courts to prosecute those who commit domestic violence on tribal lands, regardless of whether the aggressor is a member of the tribe. In addition, VAWA will continue to allow relief for immigrant victims of domestic violence, and LGBT victims will receive care and assistance. Thanks to the landmark Affordable Care Act, insurance companies will be prohibited from denying coverage because of pre-existing conditions, and new health plans must cover domestic violence screening and counseling with no copayments or cost sharing. Millions will have the chance to sign up for affordable care through the new Health Insurance Marketplace by visiting www.HealthCare.gov beginning October 1. Ending violence in the home is a national imperative that requires vigilance and dedication from every sector of our society. We must continue to stand alongside advocates, victim service providers, law enforcement, and our criminal justice system as they hold offenders accountable and provide care and support to survivors. But our efforts must extend beyond the criminal justice system to include housing and economic advocacy for survivors. We must work with young people to stop violence before it starts. We must also reach out to friends and loved ones who have suffered from domestic violence, and we must tell them they are not alone. I encourage

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victims, their loved ones, and concerned citizens to learn more by calling the National Domestic Violence Hotline at 1–800–799–SAFE, or by visiting www.TheHotline.org. This October, let us honor National Domestic Violence Awareness Month by promoting peace in our own families, homes, and communities. Let us renew our commitment to end domestic violence—in every city, every town, and every corner of America. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Domestic Violence Awareness Month. I call on all Americans to speak out against domestic violence and support local efforts to assist victims of these crimes in finding the help and healing they need. IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of September, in the year of our Lord two thousand thirteen, and of the Independence of the United States of America the two hundred and thirty- eighth.

[FR Doc. 2013–24385 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Proclamation 9032 of September 30, 2013

National Energy Action Month, 2013

By the President of the United States of America

A Proclamation To meet the challenges of the 21st century, we must work to ensure a clean, safe, and sustainable energy future. This National Energy Action Month, we can build on the progress we have made by recommitting to increasing our energy security, strengthening our economy, combatting climate change, and improving the environment. As a Nation, we are taking control of our energy future, and my Administra- tion remains committed to our long-term energy security. Today, we produce more oil than we have in 15 years and import less oil than we have in 20 years. Since I took office, we have more than doubled the amount of renewable electricity we generate from wind and quintupled the amount we generate from solar energy. We are building our first new nuclear power plants in decades, and we produce more natural gas than any other country. And we have done this while creating hundreds of thousands of good jobs and sending less carbon pollution into the environment than we have in nearly two decades. While we have made significant progress, more work remains. The continuing cycle of spiking gasoline prices hurts American families and our businesses’ bottom lines, and it reflects our economy’s outsized demand for oil. To transition to a secure energy future, we must increase our production of clean energy, minimize waste and maximize efficiency, further reduce our oil imports, eliminate inefficient fossil fuel subsidies, and continue to develop more energy sources here at home. Because meeting global energy challenges requires international action, we must also engage with partners around the world to reduce carbon pollution, and we must build global markets for new advanced technologies. If we take these actions, we can curb climate change, save money for consumers, and use our resources to create good American jobs. A clean energy economy has the potential to fuel economic growth for decades to come. But we must invest in the technologies of the future and fund breakthrough research to make these technologies better and cheap- er. With the American spirit of innovation powering our progress, our Nation can lead the world in creating green jobs and technologies that are vital to both a clean energy future and the fight against climate change. Years from now, our children may wonder if we did all we could to leave a safe, clean, and stable world for them to inherit. If we keep our eyes on the long arc of our future and commit to doing what this moment demands, the answer will be yes. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Energy Action Month. I call upon the citizens of the United States to recognize this month by working together to achieve greater energy security, a more robust economy, and a healthier environment for our children.

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[FR Doc. 2013–24386 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Proclamation 9033 of September 30, 2013

National Substance Abuse Prevention Month, 2013

By the President of the United States of America

A Proclamation Today, too many Americans face futures limited by substance use, which threatens health, safety, and academic performance. Substance use disorders are linked to crime, motor vehicle crashes, and fatalities. This month, we recognize substance abuse prevention programs across our country, and we do our part to build healthier neighborhoods and brighter futures. This year’s theme, ‘‘Learn it! Live it!’’ encourages Americans to come together, learn how substance use affects our communities, and live to set a positive example for our families, friends, and neighbors. My Administration’s Na- tional Drug Control Strategy begins with a commitment to stop drug use before it begins. We have expanded evidence-based national and community- focused programs that work to prevent substance use where young people learn, grow, and play. We support substance-free workplaces, and we provide information on effective strategies to parents and communities nationwide. Through the Affordable Care Act, we expanded substance use disorder and mental health benefits for more than 60 million Americans. And beginning this month, those who have been locked out of health insurance can sign up for affordable coverage by visiting www.HealthCare.gov. Because adult role models play an integral role in preventing youth substance abuse, we must lead by example, adopt positive behaviors, and talk to our kids about living substance-free. This month, we stand with local coali- tions and community organizations as they advance their drive to keep young people, families, and neighborhoods free from drug and alcohol abuse. I encourage parents, schools, health officials, law enforcement professionals, faith-based organizations, workplaces, the recovery community, and all Amer- icans to join in this effort. If we take up the mantle of healthy lifestyles together, we can help our children avoid the devastating consequences of substance abuse and give them the chance to explore their limitless potential. NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim October 2013 as National Substance Abuse Prevention Month. I call upon all Americans to engage in appropriate programs and activities to promote comprehensive substance abuse prevention efforts within their communities.

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[FR Doc. 2013–24387 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Executive Order 13652 of September 30, 2013

Continuance Of Certain Federal Advisory Committees

By the authority vested in me as President, by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until Sep- tember 30, 2015. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (c) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (d) Federal Advisory Council on Occupational Safety and Health; Executive Order 11612, as amended (Department of Labor). (e) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (f) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (g) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President’s National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (i) National Industrial Security Program Policy Advisory Committee; Execu- tive Order 12829, as amended (National Archives and Records Administra- tion). (j) Trade and Environment Policy Advisory Committee; Executive Order 12905, as amended (Office of the United States Trade Representative). (k) President’s Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (l) National Infrastructure Advisory Council; Executive Order 13231, as amended (Department of Homeland Security). (m) President’s Council on Fitness, Sports, and Nutrition; Executive Order 13265, as amended (Department of Health and Human Services). (n) President’s Advisory Council on Faith-Based and Neighborhood Partner- ships; Executive Order 13498, re-established by Executive Order 13569, and continued by Executive Order 13640 (Department of Health and Human Services). (o) President’s Advisory Commission on Asian Americans and Pacific Islanders; Executive Order 13515, as amended (Department of Education). (p) Presidential Commission for the Study of Bioethical Issues; Executive Order 13521 (Department of Health and Human Services). (q) National Council on Federal Labor-Management Relations; Executive Order 13522 (Office of Personnel Management).

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(r) President’s Board of Advisors on Historically Black Colleges and Univer- sities; Executive Order 13532, as amended (Department of Education). (s) President’s Management Advisory Board; Executive Order 13538 (Gen- eral Services Administration). (t) President’s Council of Advisors on Science and Technology; Executive Order 13539, as amended (Department of Energy). (u) Interagency Task Force on Veterans Small Business Development; Exec- utive Order 13540 (Small Business Administration). (v) Advisory Group on Prevention, Health Promotion, and Integrative and Public Health; Executive Order 13544, re-established by Executive Order 13631 (Department of Health and Human Services). (w) State, Local, Tribal, and Private Sector (SLTPS) Policy Advisory Com- mittee; Executive Order 13549, as amended (National Archives and Records Administration). (x) President’s Advisory Commission on Educational Excellence for His- panics; Executive Order 13555, re-established by Executive Order 13634 (Department of Education). (y) President’s Global Development Council; Executive Order 13600 (United States Agency for International Development). (z) President’s Advisory Commission on Educational Excellence for African Americans; Executive Order 13621 (Department of Education). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the regulations, guidelines, and procedures established by the Administrator of General Services. Sec. 3. Sections 1 and 2 of Executive Order 13585 of September 30, 2011, and sections 1, 2, and 4 of Executive Order 13591 of November 23, 2011, are superseded by sections 1 and 2 of this order. Sec. 4. Executive Order 13538 of April 19, 2010, is amended in section 4(c) by striking ‘‘The Executive Director shall serve as the Designated Federal Officer in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA)’’ and inserting in lieu thereof ‘‘The PMAB shall also have a Designated Federal Officer (DFO) in accordance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (FACA). The Executive Director may serve as the DFO’’. Sec. 5. Executive Order 13043 of April 16, 1997, is amended by striking section 4 and renumbering the subsequent sections appropriately. Sec. 6. Executive Order 13231 of October 16, 2001, as amended, is further amended by striking section 3, except subsection (c) thereof, and inserting immediately preceding subsection (c), the following: ‘‘Sec. 3. The National Infrastructure Advisory Council. The National Infra- structure Advisory Council (NIAC), established on October 16, 2001, shall provide the President, through the Secretary of Homeland Security, with advice on the security and resilience of the critical infrastructure sectors and their functional systems, physical assets, and cyber networks. ‘‘(a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President, taking appropriate account of the benefits of having members: ‘‘(i) from the private sector, including individuals with experience in banking and finance, transportation, energy, water, communications, health care services, food and agriculture, government facilities, emergency services organizations, institutions of higher education, environmental and climate resilience, and State, local, and tribal governments;

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‘‘(ii) with senior executive leadership responsibilities for the availability and reliability, including security and resilience, of critical infrastructure sectors; ‘‘(iii) with expertise relevant to the functions of the NIAC; and ‘‘(iv) with experience equivalent to that of a chief executive of an organization. ‘‘Unless otherwise determined by the President, no full-time officer or employee of the executive branch shall be appointed to serve as a member of the NIAC. The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent or disabled, or in the instance of a vacancy in the Chair. ‘‘(b) Functions of the NIAC. The NIAC shall meet periodically to: ‘‘(i) enhance the partnership of the public and private sectors in securing and enhancing the security and resilience of critical infrastructure and their supporting functional systems, physical assets, and cyber networks, and provide reports on this issue to the President, through the Secretary of Homeland Security, as appropriate; ‘‘(ii) propose and develop ways to encourage private industry to perform periodic risk assessments and implement risk-reduction programs; ‘‘(iii) monitor the development and operations of critical infrastructure sector coordinating councils and their information-sharing mechanisms and provide recommendations to the President, through the Secretary of Homeland Security, on how these organizations can best foster improved cooperation among the sectors, the Department of Homeland Security, and other Federal Government entities; ‘‘(iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the Presi- dent for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and ‘‘(v) advise sector-specific agencies with critical infrastructure responsibilities to include issues pertaining to sector and government coordinating councils and their information sharing mechanisms. ‘‘In implementing this order, the NIAC shall not advise or otherwise act on matters pertaining to National Security and Emergency Preparedness (NS/EP) Communications and, with respect to any matters to which the NIAC is authorized by this order to provide advice or otherwise act on that may depend on or affect NS/EP Communications, shall coordinate with the National Security and Telecommunications Advisory Committee established by Executive Order 12382 of September 13, 1982, as amended.’’. Sec. 7. Executive Order 13600 of February 9, 2012, is amended in section 3(b) by striking the ‘‘and’’ immediately preceding ‘‘the Chief Executive Officer of the Millennium Challenge Corporation’’ and by adding ‘‘, the United States Trade Representative, and the Chief Executive Officer of the Overseas Private Investment Corporation’’ immediately preceding ‘‘shall serve as non- voting members’’. Executive Order 13600 is further amended in section 5(c) by adding ‘‘administrative’’ immediately preceding ‘‘matters and activities pertaining’’. Sec. 8. Section 3(b) of Executive Order 13515 of October 14, 2009, as amended, is further amended by inserting in the list of agency members ‘‘the General Services Administration’’ and ‘‘the National Aeronautics and Space Administration’’ after ‘‘the Small Business Administration’’, and redesignating the subsections of section 3(b) as appropriate. Subsection 3(b) is further amended by inserting at the end the following sentence:

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‘‘The Initiative is encouraged to invite other affected agencies, such as the Consumer Financial Protection Bureau, the Corporation for National and Community Service, the Equal Employment Opportunity Commission, and the Federal Communications Commission to attend meetings and participate in the Initiative as appropriate.’’. Sec. 9. This order shall be effective September 30, 2013.

THE WHITE HOUSE, September 30, 2013.

[FR Doc. 2013–24388 Filed 10–3–13; 8:45 am] Billing code 3295–F4

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Rules and Regulations Federal Register Vol. 78, No. 193

Friday, October 4, 2013

This section of the FEDERAL REGISTER England sink gillnets due to fishery- areas, and the creation of a consequence contains regulatory documents having general wide changes in fishing practices. closure strategy in which the use of applicability and legal effect, most of which DATES: Effective September 30, 2013. gillnet gear would be prohibited in three are keyed to and codified in the Code of ADDRESSES: Copies of the final closure areas off the coast of New Federal Regulations, which is published under England if target rates of harbor 50 titles pursuant to 44 U.S.C. 1510. Environmental Assessment (EA) for this action, as well as the Harbor Porpoise porpoise bycatch were exceeded. The Code of Federal Regulations is sold by Take Reduction Team meeting Detailed background information on the Superintendent of Documents. Prices of summaries and supporting documents, the development of the consequence new books are listed in the first FEDERAL may be obtained from the Plan Web site closure strategy was provided in the REGISTER issue of each week. (http://www.nero.noaa.gov/hptrp) or by proposed rule (78 FR 52753, August 26, writing to Kate Swails, NMFS, Northeast 2013) for this action and is not repeated Region, Protected Resources Division, here. DEPARTMENT OF COMMERCE 55 Great Republic Drive, Gloucester, Consequence Closure Area Monitoring National Oceanic and Atmospheric MA 01930. FOR FURTHER INFORMATION CONTACT: Kate Administration Consequence closure area monitoring Swails, NMFS, Northeast Region, 978– began with the start of the first full 282–8482, [email protected]; Kristy 50 CFR Part 229 management season after Long, NMFS Office of Protected implementation of the 2010 [Docket No. 130703586–3834–02] Resources, 301–427–8440, Kristy.Long@ noaa.gov. amendments. The first monitoring season occurred from September 15, SUPPLEMENTARY INFORMATION: RIN 0648–BD43 2010, through May 31, 2011, and the Background second occurred from September 15, Taking of Marine Mammals Incidental 2011, through May 31, 2012. During this to Commercial Fishing Operations; The Harbor Porpoise Take Reduction time, the two-year average observed Harbor Porpoise Take Reduction Plan Plan (Plan) was implemented in late harbor porpoise bycatch rate for the Regulations 1998 pursuant to section 118(f) of the Marine Mammal Protection Act areas associated with the Coastal Gulf of AGENCY: National Marine Fisheries (MMPA) to reduce the level of serious Maine Closure Area exceeded the target Service (NMFS), National Oceanic and injury and mortality of the Gulf of bycatch rate, triggering the Atmospheric Administration (NOAA), Maine/Bay of Fundy (GOM/BOF) stock implementation of the Coastal Gulf of Commerce. of harbor porpoises (63 FR 66464, Maine Closure Area (Figure 1). During ACTION: Final rule. December 2, 1998). NMFS amended the management seasons two and three Plan in 2010 (75 FR 7383, February 19, (September 15, 2011, through May 31, SUMMARY: NMFS issues this final rule to 2010) to address increased mortalities of 2012, and September 15, 2012, through amend the regulations implementing the harbor porpoises in New England and May 31, 2013, respectively), preliminary Harbor Porpoise Take Reduction Plan Mid-Atlantic commercial gillnet analysis of the raw observed bycatch (Plan). This rule revises the Plan by fisheries due to non-compliance with data indicated that the two-year average eliminating the consequence closure the Plan requirements and observed observed harbor porpoise bycatch rate strategy enacted in 2010, based on interactions occurring outside of for the area associated with the Cape deliberations by the Harbor Porpoise existing management areas. Cod South Expansion and Eastern Cape Take Reduction Team (Team). This The 2010 amendments, based largely Cod Closure Areas appeared to exceed action is necessary to prevent the on consensus recommendations from the target bycatch rate, which would improper triggering of consequence the Team, included the expansion of have triggered the implementation of closure areas based on target harbor seasonal and temporal requirements these two closures beginning February porpoise bycatch rates that no longer within the Plan’s management areas, the 1, 2014. accurately reflect actual bycatch in New incorporation of additional management BILLING CODE 3510–22–P

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BILLING CODE 3510–22–C the same and the number of harbor meant that the overall bycatch of harbor Identifying a Need for Modifying the porpoise caught actually decreased and porpoise was above PBR. Given the Plan is below the stock’s potential biological overall reductions in fish landings, removal (PBR) level (Table 1). However, however, this calculation no longer The consequence closure target because fish landings also decreased, holds true. bycatch rates were based on the number the observed bycatch rates increased Preliminary data indicate that the of observed harbor porpoises caught per above the closure area target bycatch annual 2010–2012 harbor porpoise metric tons of fish landed between 1999 rates resulting in the triggering of the bycatch estimates are below PBR, and and 2007 within the areas subject to a closures. As stated previously, the that the 5-year average incorporating the closure. Since the advent of sectors, the bycatch rate trigger was intended to most recent data from 2011–2012 is also overall fishing effort generally remained function such that the triggering of it below PBR.

TABLE 1—RECENT HARBOR PORPOISE POPULATION ABUNDANCE, PBR, AND BYCATCH ESTIMATES

Year 2009 1 2010 2 2011 3 2012 3

Population Abundance (coefficient of vari- ance) ...... 89,054 (CV = 0.47) 79,883 (CV = 0.32) 79,883 (CV = 0.32) 79,883 (CV = 0.32) Potential Biological Removal Level ...... 701 706 706 706 Annual U.S. Gillnet Bycatch Estimate ...... 792 646 396 340 5-Year Average U.S. Gillnet Bycatch Estimate 877 786 671 630 1 Waring et al. 2012. 2 Waring et al. 2013. 3 C.D. Orphanides, personal communication, September 16, 2013.

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NMFS convened the Team to discuss Team) may take action to address the triggering of the consequence closure potential amendments to the Plan in situation. areas within the Southern New England November 2012, February 2013, April NMFS will continue working with the Management Area. 2013 (workgroup), May 2013, and June Team to consider what additional Support for Elimination of the 2013. During those meetings, the Team management measures may be necessary Consequence Closure Strategy discussed the appropriateness of the to ensure compliance with the pinger consequence closure strategy and requirements. Thus far, NMFS and the Comment 3: Two commenters discussed potential replacement Team have formed Monitoring and supported eliminating the existing management measures. Enforcement Workgroups to facilitate consequence closure strategy while At the May 2013 meeting, the Team these discussions. continuing Team deliberations to agreed that the consequence area target further revise the Plan. Both noted that bycatch rates no longer accurately Comments and Responses flaws in the strategy had been identified reflect compliant bycatch rates in New NMFS published the proposed rule by the fishing industry and the Team, England. At the conclusion of the May amending the Plan in the Federal yet the closures had been recently 2013 meeting, the Team did not agree Register on August 26, 2013 (78 FR triggered despite positive signs in on whether a replacement was needed 52753). Upon its publication, NMFS harbor porpoise population trends. for the consequence strategy or what issued a press email announcing the Response: NMFS agrees with both the that replacement might be. However, a rule; posted the proposed rule on the need to remove the consequence closure majority of the Team recommended Plan Web site; and notified affected strategy from the Plan and the goal to eliminating the current consequence fishermen and interested parties via continue Team discussions of closure strategy from the Plan and several NMFS email distribution outlets. alternative management options. continuing Team discussions on what The publication of the proposed rule Use of Other Special Measures other actions should be taken in lieu of was followed by a 15-day public the consequence closure to ensure comment period, which ended on Comment 4: Three commenters compliance with the pinger September 10, 2013. NMFS received supported the use of the Other Special requirements and achieve MMPA goals. seven comments via facsimile, letter, or Measures provision in consultation with The Team also recommended that electronic submission. All comments the Team to modify the Plan. All noted NMFS modify the Plan’s Other Special received were thoroughly reviewed by that this provision provides NMFS Measures provision, found at NMFS. The comments addressed several flexibility to modify the Plan in a timely § 229.32(f), to require a consultation topics, such as Team deliberations, fashion should the need arise. with the Team before action is taken to bycatch reduction goals, and the Other Response: NMFS agrees with these amend the Plan using this provision. Special Measures provision of the Plan. comments regarding the need for Team Any input received by Team members The comments received are summarized input should issues regarding the use of would be considered before exercising below, followed by NMFS’s responses. the Other Special Measures provision of the Other Special Measures provision of the Plan arise and has amended that the Plan. These recommendations Length of Comment Period provision in this final rule. Comment 1: Two commenters formed the basis of this final rule. Modification of the Consequence At its June 2013 meeting, the Team requested an extension of the 15-day Closure Strategy continued discussions on what other comment period. actions should be taken to ensure Response: NMFS believes that the Comment 5: One commenter stated compliance with pinger requirements. length of the 15-day comment period that the justification for the In particular, the Team discussed was adequate given the simplicity of the consequence closure strategy still exists, increasing enforcement efforts to ensure analysis support the proposed rule. This and rather than eliminating it NMFS, compliance with pinger requirements in action seeks to remove an should consider modifying it. The New England. Based on the Team’s inappropriately triggered fishing closure commenter noted that the Team agreed recommendation, as a mechanism for that was based on an obsolete trigger to that the existing closure boundaries and increasing compliance with pinger prevent unnecessary economic impacts time frames were appropriate and requirements in New England, NMFS from occurring prior to the closure’s perhaps the trigger should be modified. will examine data collected by fisheries start on October 1, 2013. A 15-day Response: The notion of keeping the observers regarding pingers on observed period provides both an adequate length current consequence strategy hauls, and will provide those data to of time for comment and allowed an boundaries and time frames intact, but NOAA’s Office of Law Enforcement expedient implementation of this final developing a revised trigger for the (OLE). To facilitate enforcement efforts, rule. consequence closure strategy was those data will include the time and discussed by the Team at multiple area of fishing activity of observed Economic Impacts of Closure meetings in 2013. However, the current gillnet vessels along with other relevant Comment 2: One commenter action to remove the consequence information, including vessel homeport, described how the closure in Southern closure strategy in its entirety was registration number, etc. NMFS will New England would negatively affect chosen because the Team could not work with OLE to evaluate any potential winter income. This commenter stated develop a viable alternative during its enforcement efforts, which may include changes in the groundfish fishery deliberations. NMFS and the Team will at-sea operations in collaboration with accompanied by a high fuel cost and continue to discuss the efficacy of the state joint enforcement agreement lower fish prices have reduced overall consequence strategy, including partners and the U.S. Coast Guard as effort and gear in the water. discussions concerning closure triggers. well as dockside activities. If as a result Response: Although NMFS has not Comment 6: One commenter was of these increased monitoring and formally closed the Eastern Cape Cod concerned that there is a lack of a enforcement efforts NMFS determines and Cape Cod South Consequence consequence measure in the mid- that bycatch is exceeding the PBR level, Closure Areas, NMFS agrees that such a Atlantic. If bycatch levels in the mid- the Assistant Administrator for closure would result in a negative Atlantic region increase or hinder Fisheries (after consulting with the economic impact from the inappropriate progress in achieving the Plan’s zero

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mortality rate goal, it could trigger Response: NMFS acknowledges that significantly reduced below the stock’s consequence closures in New England there may be alternatives to the PBR level and NMFS believes that that would affect New England consequence closure strategy and these current monitoring and law enforcement fishermen rather than those in the mid- should continue to be explored by the efforts will continue to ensure the Atlantic that prompted the closures. Team. However, since no clear effectiveness of the Plan in further Response: The lack of consequence consensus alternative arose during reducing harbor porpoise bycatch. Team meetings in 2013, NMFS is measures in the mid-Atlantic region was Objection to Characterization of TRT removing the consequence closure discussed during the Team’s 2013 Meeting deliberations, but no clear measure strategy and will continue to discuss the emerged from the discussions. NMFS efficacy of some form of consequence Comment 12: One commenter acknowledges the concerns of the strategy with the Team. NMFS and the objected to language in the proposed commenter and suggests that removing Team have formed Monitoring and rule stating that a majority of the Team the current consequence closure strategy Enforcement Work Groups to facilitate recommended eliminating the current serves to prevent such a scenario from these discussions. consequence closure strategy from the occurring in the short-term. In the long- Comment 9: One commenter stated Plan, and continuing Team discussions term, NMFS and the Team will continue that U.S. fisheries have not reached the on what other actions should be taken to closely monitor harbor porpoise 2001 MMPA goal of reaching ZMRG in lieu of the consequence closure to bycatch in all fisheries throughout the level (10% of PBR) for harbor porpoise, ensure compliance with pinger species’ range. yet the Agency proposes to eliminate requirements. The commenter believes this statement mischaracterizes the Comment 7: One commenter stated key conservation protections without Team’s deliberations, and that it is that the consequence closure strategy substituting any substantive measures to inappropriate to suggest that a majority should be retained due to chronic non- ensure further mortality declines towards ZMRG. of the Team support a measure unless compliance and fluctuating harbor Response: NMFS acknowledges that that supports reflects a majority of all porpoise mortality levels. The the Plan has not reached ZMRG. members of the Team. The commenter commenter referred to an earlier NMFS However, harbor porpoise bycatch in stated that during the meeting several decision to shift the consequence U.S. gillnet fisheries is declining members left prior to the Team’s closure from fall 2012 to winter 2103 significantly below the PBR level of 706 deliberation on NMFS’ proposal to suggesting that the increase in mortality porpoises to an estimated 340 porpoises remove the consequence closure that occurred after the shift indicates per year in 2012. In addition, the strategy. that eliminating a consequence closure consequence closure was implemented Response: The statement that a encourages non-compliance. as a backstop management measure to majority of Team members voted in Response: Harbor porpoise bycatch in encourage compliance with Plan pinger favor of the current action is an accurate U.S. gillnet fisheries has been reduced requirements. The consequence closure characterization of the events of the TRT from an estimated 646 porpoises in 2010 strategy was not developed as a means meeting. A quorum was present at the to an estimated 340 porpoises in 2012, for reducing harbor porpoise bycatch to May 2013 meeting during which the well below the stock’s PBR level of 706 reach ZMRG. vote occurred, even though members porpoises. NMFS believes that Comment 10: One commenter stated who left the meeting before the end continuing with the current that NMFS proposes to rely on missed their opportunity to participate consequence closure strategy that is enforcement to increase compliance, but in the voting process. In addition, based on an obsolete trigger will create did not think this is an adequate NMFS received no objections to the vote an unnecessary economic burden while substitute and will not reduce serious following the May 2013 meeting or resulting in a limited conservation gain. injury and mortality. The commenter during the June 2013 Team To address poor levels of pinger referred to information presented to the teleconference. compliance, NMFS is increasing its Team showing that observers have Comment 13: One commenter stated enforcement effort. NMFS will continue documented individual vessels violating that it was inappropriate for NMFS to to monitor both harbor porpoise bycatch pinger requirements with no subsequent discuss in the rule only the elements and Plan compliance data to ensure that enforcement action taken. The and views on the NMFS proposal to these continue on their current trends. commenter further stated that it is remove the consequence closure Zero Mortality Rate Goal premature for the agency to assume it strategy, but not the elements of the will be able to increase enforcement to other proposals considered by the Team Comment 8: One commenter stated an extent that will result in greater during its last meeting. that the ultimate mandate of any compliance. Response: During the Team meetings proposed measure must be to achieve Response: NMFS disagrees and is in 2013, no clearly-defined alternatives the zero mortality rate goal (ZMRG), and confident that the revised enforcement to the consequence closure strategy that success in reducing bycatch to strategy developed in consultation with emerged from the Team nor were voted below the PBR level, an interim goal, is the Team will adequately improve upon. If a clearly-defined alternative not a sufficient reason to disregard the compliance with pinger requirements. had emerged during those meetings, consequence closure strategy. Instead The revised strategy specifically focuses NMFS would have included it within this commenter suggested that the on pinger requirements under the Plan. the analyses supporting this action. strategy trigger be replaced with PBR- Comment 11: One commenter stated NMFS is committed to continuing work based triggers that would decrease that the proposed rule and EA do not with the Team to develop any bycatch in a stepwise fashion towards discuss the MMPA’s ZMRG long-term additional take reduction measures to the ultimate goal of ZMRG. Another goal or explain how the rule will ensure achieve Plan goals. commenter expressed similar views and that bycatch levels remain below PBR. stated support for a ratcheting approach Response: NMFS disagrees and notes Concerns With Data Used to Assess based on mortality estimates that would that there has been significant progress Impact of Bycatch on Porpoises allow the agency to achieve its statutory toward meeting the Plan’s MMPA goals. Comment 14: One commenter stated mandates. Harbor porpoise bycatch has been that language in the EA asserts that the

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expanded pinger requirements of the Response: The purpose and need range of alternatives and analyzed the 2010 Plan amendments were successful statement has been revised in the final environmental consequences of that and it is reasonable to assume that EA to provide greater clarity, but NMFS action, the impacts are uncertain. bycatch is likely to stay low, obviating disagrees with the commenter regarding Therefore, it is not possible to evaluate the need for consequence closures. the intended purpose of this action. the potential impacts to harbor porpoise However, the commenter states that Under NEPA, NMFS has the discretion at this time. to describe a proposed action’s purpose NMFS neglects to point out that it is the Classification failure of the industry to use the correct and need in any way that meets our complement of functional pingers that statutory authority. NMFS undertook The Office of Management and Budget underlies the patterns of varying the proposed action in response to (OMB) has determined that this action bycatch levels. information indicating that the is not significant for the purposes of Response: NMFS agrees that current consequence closures are not achieving Executive Order 12866. harbor porpoise bycatch reductions are their intended purpose as backstop All of the entities (fishing vessels) affected by this action are considered largely due to the expansion of measures to promote pinger compliance. small entities under the Small Business management measures implemented in Under current plan regulations, harbor Administration (SBA) size standards for the 2010 final rule amending the Plan. porpoise bycatch is trending downward small fishing businesses. On June 20, However, NMFS believes that changes and declining well below the PBR level. 2013, the SBA issued a final rule in levels of compliance with pinger Comment 17: One commenter noted revising the small business size requirements resulted in fluctuating that NMFS only considers two options standards for several industries effective harbor porpoise bycatch levels. as alternatives in the EA, and stated that July 22, 2013 (78 FR 37398). The rule Concerns by both NMFS and the Team NMFS has failed to rigorously explore increased the size standard for Finfish regarding pinger compliance have and objectively evaluate all reasonable Fishing from $4.0 to $19.0 million, resulted in the revised law enforcement alternatives. Response: NEPA calls for agencies to Shellfish Fishing from $4.0 to $5.0 strategy discussed earlier. evaluate all reasonable alternatives, million, and Other Marine Fishing from Comment 15: One commenter stated which include those that may be $4.0 to $7.0 million. NMFS has that NMFS fails to account for all reasonably carried out. However, the determined that the new size standards bycatch in the proposed rule and EA discussion of alternatives does not need do not affect the analyses prepared for stating that the impacts of Canadian to be exhaustive. When determining this action. The fisheries affected by this takes on the Gulf of Maine stock of whether it was necessary to take this final rule are the Northeast sink gillnet harbor porpoise is not considered in the action, the Team and NMFS considered and Mid-Atlantic gillnet fisheries. The rule or EA. The commenter stated that the best scientific information available. population of vessels that are affected a proper accounting of fishery takes This information indicates that the by this action includes commercial relative to PBR must include mortalities consequence closures are not gillnet vessels fishing in state and from U.S. gillnet fisheries, other U.S. functioning properly and have been federal waters from Maine to New York. fisheries and Canadian fisheries that inappropriately triggered. Given the The Chief Counsel for Regulation of affect the same stock. negative economic impacts of the the Department of Commerce has Response: NMFS disagrees with the inappropriately triggered consequence certified to the Chief Counsel for statement that bycatch in Canadian closures and the development of a law Advocacy of the Small Business fisheries is not accounted for. Annual enforcement plan focused on improved Administration that this final rule marine mammal stock assessment pinger compliance, NMFS determined would not have a significant economic reports published by the Northeast that it was necessary to consider taking impact on a substantial number of small Fisheries Science Center include immediate action to remove the entities. Economic impacts for this estimates of harbor porpoise bycatch in closures. Including and assessing action were evaluated as part of the Canadian fisheries. However, the additional alternatives that do not 2009 EA that supported the most recent mandate of the Team and the Plan is to address the need to act immediately Plan amendments published as a final address harbor porpoise bycatch in U.S. would fail to meet the purpose and need rule on February 19, 2010 (75 FR 7383). commercial fisheries. Regarding harbor of this action. NMFS will continue Although changes to the fishery have porpoises, this mandate primarily working with the Team to determine the occurred since the final rule, this includes Northeast sink and mid- best approach to developing any analysis is used to illustrate the Atlantic gillnet fisheries. appropriate replacement measures to difference in economic impacts between the preferred action and the status quo. NEPA Comments on the Draft the consequence closure strategy. Comment 18: One commenter stated Although overall commercial landings Environmental Assessment that there were future actions and have changed since 2009, the number of Comment 16: One commenter stated foreseeable impacts that had not been vessels and level of overall fishing effort that NMFS failed to properly define the fully considered in the EA. have remained relatively constant. purpose and need in the EA. The Response: The cumulative effects Therefore, NMFS believes that these commenter felt that the purpose and analysis of the final EA has been revised data provide a basis for concluding that need was unreasonably narrow, leading to address some of these concerns. This this action, removing the consequence to a narrow range of alternatives. The includes more detail regarding recent closures, will not have a significant commenter suggested that NMFS developments in wind energy and under impact on a substantial number of small narrowly defined the purpose and need the Spiny Dogfish Fishery Management entities. in order to rationalize a pre-determined Plan. However, the discussion of the The 2009 EA estimated economic decision. The commenter asserted that Omnibus Habitat Amendment was not impacts of the preferred alternative NMFS should have focused its purpose altered because the Amendment and its (which was adopted in the final rule) and need on objectives and duties under draft environmental impact statement before and after triggering the three the MMPA to conserve marine remain under development at this time. consequence closure areas. The EA mammals and ensure bycatch rates Until the New England Fishery estimated that triggering the three achieve ZMRG. Management Council has finalized the closures (now the status quo) would

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impact 29.7% (290 vessels) of the total PART 229—AUTHORIZATION FOR 2013. Therefore, NMFS closes the gillnet fleet. Revenues for the affected COMMERCIAL FISHERIES UNDER THE commercial sector for red snapper in the vessels were also estimated to be MARINE MAMMAL PROTECTION ACT South Atlantic EEZ on October 8, 2013. reduced by 2–28% ($2,600–$26,400) OF 1972 This closure is necessary to protect the and 1–25% ($1,500–$15,300) for small South Atlantic red snapper resource. ■ (<40ft) and large (>40ft) vessels, 1. The authority citation for 50 CFR DATES: This closure is effective 12:01 respectively. By removing the part 229 continues to read as follows: a.m., local time, October 8, 2013, regulations implementing these Authority: 16 U.S.C. 1361 et seq. through December 31, 2013, the end of consequence closure areas from the ■ 2. In § 229.33, paragraphs (a)(2)(iii), the fishing year. Plan, this action would prevent this loss (a)(3)(iii), (a)(4)(iii), (a)(5)(iii), (a)(6)(iii), FOR FURTHER INFORMATION CONTACT: of revenue from occurring. As a result, and (d) are removed and paragraph (f) Catherine Hayslip, telephone: 727–824– an initial regulatory flexibility analysis is revised to read as follows: 5305, email: Catherine.Hayslip@ is not required and has not been noaa.gov. prepared. § 229.33 Harbor Porpoise Take Reduction Plan Implementing Regulations—Gulf of SUPPLEMENTARY INFORMATION: The This final rule waives the typical 30- Maine. snapper-grouper fishery of the South day delayed effectiveness period and is * * * * * Atlantic, which includes red snapper, is effective immediately. The 30-day delay (f) Other special measures. The managed under the Fishery period of 5 U.S.C. 553(d) may be waived Assistant Administrator may, after Management Plan for the Snapper- for good cause. The contents of this consultation with the Take Reduction Grouper Fishery of the South Atlantic action serve to remove existing Team, revise the requirements of this Region (FMP). The FMP was prepared commercial fishing restrictions and to section through notification published by the Council and is implemented prevent negative economic impacts from in the Federal Register if: through regulations at 50 CFR part 622 otherwise occurring as the Coastal Gulf (1) NMFS determines that pinger under the authority of the Magnuson- of Maine closure Area would have been operating effectiveness in the Stevens Fishery Conservation and effective beginning October 1, 2013. commercial fishery is inadequate to Management Act (Magnuson-Stevens Delaying the effectiveness of this rule is reduce bycatch below the stock’s PBR Act). contrary to the public interest, because level. The 2013 commercial ACL for red any delay will prevent additional (2) NMFS determines that the snapper in the South Atlantic is 21,447 fishery activities, thereby reducing boundary or timing of a closed area is lb (9,728 kg), gutted weight. This ACL revenues, and provide no meaningful inappropriate, or that gear modifications was determined using formulas benefit to the harbor porpoise. (including pingers) are not reducing contained in the final rule to implement Amendment 28 to the FMP (78 FR Accordingly the 30-day delay in bycatch to below the PBR level. 44461, July 24, 2013). effectiveness is both unnecessary and * * * * * Under 50 CFR 622.193(y)(1), NMFS is contrary to the public interest, and this [FR Doc. 2013–24278 Filed 9–30–13; 4:15 pm] required to close the commercial sector rule will become effective immediately. BILLING CODE 3510–22–P for red snapper when the commercial References ACL is reached, or is projected to be DEPARTMENT OF COMMERCE reached, by filing a notification to that Waring GT, Josephson E, Maze-Foley K, effect with the Office of the Federal Rosel, PE, editors. 2012. U.S. Atlantic National Oceanic and Atmospheric Register. NMFS opened the 2013 and Gulf of Mexico Marine Mammal Administration commercial sector at 12:01 a.m., local Stock Assessments—2011. NOAA Tech time, August 26, 2013 and monitored Memo NMFS NE 221; 319 p. 50 CFR Part 622 commercial harvest in-season. NMFS Waring GT, Josephson E, Maze-Foley K, has determined that the commercial Rosel, PE, editors. 2013. U.S. Atlantic [Docket No. 121004515–3608–02] ACL for South Atlantic red snapper will and Gulf of Mexico Marine Mammal RIN 0648–XC899 Stock Assessments—2012. NOAA Tech have been reached by October 8, 2013. Accordingly, the commercial sector for Memo NMFS NE 223; 419 p. Fisheries of the Caribbean, Gulf of South Atlantic red snapper is closed Mexico, and South Atlantic; Closure of List of Subjects in 50 CFR Part 229 effective 12:01 a.m., local time, October the 2013 South Atlantic Commercial 8, 2013, and remains closed until NMFS Sector for Red Snapper Administrative practice and determines when a commercial season procedure, Confidential business AGENCY: National Marine Fisheries for red snapper may occur. information, Fisheries, Marine Service (NMFS), National Oceanic and The operator of a vessel with a valid mammals, Reporting and recordkeeping Atmospheric Administration (NOAA), commercial vessel permit for South requirements. Commerce. Atlantic snapper-grouper having red Dated: September 30, 2013. ACTION: Temporary rule; closure. snapper onboard must have landed and Alan D. Risenhoover, bartered, traded, or sold such red SUMMARY: NMFS announces the closure snapper prior to 12:01 a.m., local time, Director, Office of Sustainable Fisheries, of the 2013 commercial fishing season October 8, 2013. During the closure, the performing the functions and duties of the Deputy Assistant Administrator for for red snapper in the exclusive harvest and possession and sale and Regulatory Programs, National Marine economic zone (EEZ) of the South purchase of red snapper in or from the Fisheries Service. Atlantic through this temporary rule. South Atlantic EEZ are prohibited. The Commercial landings for red snapper, as prohibition on sale or purchase does not For the reasons stated in the estimated by the Science and Research apply to the sale or purchase of red preamble, 50 CFR part 229 is amended Director (SRD), are projected to reach snapper that were harvested, landed as follows: the commercial annual catch limit ashore, and sold prior to 12:01 a.m., (ACL) for red snapper on October 8, local time, October 8, 2013, and were

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held in cold storage by a dealer or comment, and all that remains is to DATES: This rule is effective 12:01 a.m., processor. notify the public of the closure. local time on October 15, 2013, until For a person on board a vessel for Allowing prior notice and 12:01 a.m., local time on January 1, which a Federal commercial or charter opportunity for public comment is 2014, unless changed by subsequent vessel/headboat permit for the South contrary to the public interest because notification in the Federal Register. Atlantic snapper-grouper fishery has of the need to immediately implement FOR FURTHER INFORMATION CONTACT: Rich been issued, the sale and purchase this action to protect red snapper since Malinowski, Southeast Regional Office, provisions for commercial red snapper the capacity of the fishing fleet allows telephone 727–824–5305, email would apply regardless of whether the for rapid harvest of the commercial [email protected]. ACL. Prior notice and opportunity for fish were harvested in state or Federal SUPPLEMENTARY INFORMATION: The reef waters, as specified in 50 CFR public comment would require time and fish fishery of the Gulf, which includes 622.190(y)(1). Additionally, the would potentially result in a harvest gray triggerfish, is managed under the recreational fishing season for red well in excess of the established Fishery Management Plan for the Reef snapper is closed. commercial ACL. Fish Resources of the Gulf of Mexico For the aforementioned reasons, the In 2014, the total removals (landings (FMP). The FMP was prepared by the AA also finds good cause to waive the and dead discards) for 2013 will be Council and is implemented through 30-day delay in the effectiveness of this compared to the 2013 ABC to determine regulations at 50 CFR part 622 under the action under 5 U.S.C. 553(d)(3). if the 2013 ABC was exceeded and thus authority of the Magnuson-Stevens whether limited commercial and Authority: 16 U.S.C. 1801 et seq. Fishery Conservation and Management recreational fishing seasons for red Dated: October 1, 2013. Act (Magnuson-Stevens Act). snapper can occur in 2014. If NMFS Samuel D. Rauch III, On May 9, 2013, the final rule for determines that limited commercial and Amendment 37 to the FMP recreational red snapper seasons can Deputy Assistant Administrator for Regulatory Programs, performing the implemented the Gulf gray triggerfish occur in 2014, NMFS will file a functions and duties of the Assistant recreational annual catch limit (ACL) of notification with the Office of the Administrator for Fisheries, National Marine 241,200 lb (109,406 kg), round weight, Federal Register to announce the Fisheries Service. and the recreational ACT of 217,100 lb opening dates of any commercial and [FR Doc. 2013–24360 Filed 10–3–13; 8:45 am] (98,475 kg), round weight (78 FR 27084, recreational fishing seasons in 2014. A BILLING CODE 3510–22–P May 9, 2013), as specified in 50 CFR commercial fishing season would begin 622.41(b)(2)(iii). on the second Monday in July, and a The final rule for Amendment 37 to recreational fishing season, consisting of DEPARTMENT OF COMMERCE the FMP implemented an in-season AM weekends only (Fridays, Saturdays, and to close the recreational sector when its Sundays) would begin on the second National Oceanic and Atmospheric ACT is reached or projected to be Friday in July. Administration reached, as specified in 50 CFR Classification 622.41(b)(2)(i). 50 CFR Part 622 Based on the 2013 projected The Regional Administrator, [Docket No. 121004518–3398–01] recreational landings estimates, the Southeast Region, NMFS has recreational ACT of 217,100 lb (98,475 determined this temporary rule is RIN 0648–XC669 kg), round weight, for Gulf gray necessary for the conservation and triggerfish was reached in August 2013. Reef Fish Fishery of the Gulf of management of South Atlantic red Therefore, NMFS implements the in- Mexico; 2013 Recreational snapper and is consistent with the FMP, season AM and the recreational harvest Accountability Measure and Closure the Magnuson-Stevens Act, and other of Gulf gray triggerfish will close at for Gray Triggerfish in the Gulf of applicable laws. 12:01 a.m., local time on October 15, Mexico This action is taken under 50 CFR 2013, until 12:01 a.m., local time on 622.193(y)(1) and is exempt from review AGENCY: National Marine Fisheries January 1, 2014. under Executive Order 12866. Service (NMFS), National Oceanic and During the closure, the bag and These measures are exempt from the Atmospheric Administration (NOAA), possession limit of gray triggerfish in or procedures of the Regulatory Flexibility Commerce. from the Gulf EEZ is zero. This bag and Act because the temporary rule is issued ACTION: Temporary rule; closure. possession limit applies in the Gulf on without opportunity for prior notice and board a vessel for which a valid Federal public comment. SUMMARY: NMFS implements an charter vessel/headboat permit for Gulf This action responds to the best accountability measure (AM) for reef fish has been issued, without regard available scientific information recently recreational gray triggerfish in the Gulf to where such species were harvested, obtained from the fishery. The Assistant of Mexico (Gulf) reef fish fishery for the i.e. in state or Federal waters. The Administrator for Fisheries, NOAA, 2013 fishing year through this recreational sector for gray triggerfish (AA), finds that the need to immediately temporary final rule. Based on the will reopen on January 1, 2014, the implement this action to close the projected recreational landings, NMFS beginning of the 2014 recreational commercial sector for red snapper determined that the recreational annual fishing season. constitutes good cause to waive the catch target (ACT) for Gulf gray requirements to provide prior notice triggerfish was reached in August 2013. Classification and opportunity for public comment Therefore, NMFS closes the recreational The Regional Administrator, pursuant to the authority set forth in 5 sector for gray triggerfish in the Gulf Southeast Region, NMFS, has U.S.C. 553(b)(B), as such procedures EEZ at 12:01 a.m., local time, October determined this temporary rule is would be unnecessary and contrary to 15, 2013, until January 1, 2014. This necessary for the conservation and the public interest. Such procedures closure is necessary to reduce management of Gulf gray triggerfish and would be unnecessary because the rule overfishing of the Gulf gray triggerfish is consistent with the Magnuson- itself has been subject to notice and resource. Stevens Act and other applicable laws.

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This action is taken under 50 CFR DEPARTMENT OF COMMERCE ‘‘Comments and Responses’’ section of 622.41(b)(2) and is exempt from review this final rule. under Executive Order 12866. National Oceanic and Atmospheric Regulations implementing the These measures are exempt from the Administration Atlantic Herring Fishery Management procedures of the Regulatory Flexibility Plan (FMP) for herring appear at 50 CFR Act because the temporary rule is issued 50 CFR Part 648 part 648, subpart K. The regulations at § 648.200 require the Council to without opportunity for prior notice and [Docket No. 130408348–3835–02] comment. recommend herring specifications for NMFS’s review and proposal in the This action responds to the best RIN 0648–BD17 Federal Register, including the scientific information available. overfishing limit (OFL), acceptable Pursuant to 5 U.S.C. 553(b)(B), there is Fisheries of the Northeastern United biological catch (ABC), annual catch good cause to waive the requirements to States; Atlantic Herring Fishery; limit (ACL), optimum yield (OY), provide prior notice and opportunity for Framework Adjustment 2 and domestic annual harvest (DAH), public comment on this temporary rule Specifications domestic annual processing (DAP), U.S. because such procedures are AGENCY: National Marine Fisheries at-sea processing (USAP), border unnecessary. The AMs state that NMFS Service (NMFS), National Oceanic and transfer (BT), the sub-ACL for each will file a notification with the Office of Atmospheric Administration (NOAA), management area, including seasonal the Federal Register to close the Commerce. periods as allowed by § 648.201(d) and recreational sector for Gulf gray ACTION: Final rule. modifications to sub-ACLs as allowed triggerfish for the remainder of the by § 648.201(f), and the amount to be set fishing year if recreational landings SUMMARY: NMFS is implementing aside for the research set aside (RSA) (3 reach or are projected to reach the Framework Adjustment 2 to the Atlantic percent of the sub-ACL from any recreational ACT specified in 50 CFR Herring Fishery Management Plan management area) for up to 3 years. 622.41(b)(2)(iii). All that remains is to (Framework 2) and the 2013–2015 The 2013–2015 herring specifications notify the public of the reduced fishery specifications for the Atlantic are based on the provisions currently in recreational fishing season for gray herring fishery (2013–2015 the FMP, and provide the necessary triggerfish for the remainder of the specifications). Framework 2 allows the elements to comply with the ACL and fishing year. New England Fishery Management accountability measure (AM) Allowing prior notice and Council (Council) to split annual catch requirements of the Magnuson-Stevens opportunity for public comment is limits seasonally for the four Atlantic Fishery Conservation and Management contrary to the public interest because herring management areas, and the Act (MSA). This action also includes of the need to immediately implement carryover of unharvested catch, up to 10 measures in Framework 2 to the FMP. this action to protect the gray triggerfish percent for each area’s annual catch Framework 2 Measures resource. Any delay in the closure of the limit. The specifications set catch recreational sector could result in the specifications for the herring fishery for The regulations implementing recreational ACL for gray triggerfish the 2013–2015 fishing years and Framework 2 allow seasonal splits of being exceeded, which, in turn, would establish seasonal splits for management sub-ACLs for all herring management trigger an additional AM for gray areas 1A and 1B as recommended to areas through the specifications process. triggerfish. The AM states that if NMFS by the Council. The FMP already authorizes seasonal recreational landings exceed the ACL, DATES: Effective September 30, 2014. splits of the Area 1A sub-ACL. The sub- and gray triggerfish is overfished, NMFS ACL splitting under Framework 2 ADDRESSES: Copies of supporting will file a notification with the Office of allows seasonal control of fishing effort documents used by the Council, the Federal Register, at or near the and harvest in management areas by including the Environmental beginning of the following fishing year, specifying the percent of the sub-ACL Assessment (EA) and Regulatory Impact to reduce the ACL and the ACT for that available for harvest. The fishing year Review (RIR)/Initial Regulatory following fishing year by the amount of (FY) 2013–2015 specifications include Flexibility Analysis (IRFA), are the ACL overage in the prior fishing the following seasonal splits: available from: Thomas A. Nies, year. Reducing the ACL and ACT the Area 1A: 100 percent of the sub-ACL Executive Director, New England following fishing season could be available for harvest during June- Fishery Management Council, 50 Water disruptive to business plans and would December (none of the sub-ACL is Street, Mill 2, Newburyport, MA 01950, provide less flexibility to fishermen for available for harvest during January telephone (978) 465–0492. The EA/RIR/ when they could harvest the ACL. through May); and Area 1B: 100 percent IRFA is also accessible via the Internet of the sub-ACL available for harvest For the aforementioned reasons, the at http://www.nero.nmfs.gov. Assistant Administrator, NMFS, also during May-December (none of the sub- FOR FURTHER INFORMATION CONTACT: finds good cause to waive the 30-day ACL is available for harvest during Carrie Nordeen, Fishery Policy Analyst, delay in the effectiveness of this action January through April). (978) 281–9272, fax (978) 281–9135. under 5 U.S.C. 553(d)(3). Framework 2 also allows the SUPPLEMENTARY INFORMATION: carryover of unharvested catch, up to 10 Authority: 16 U.S.C. 1801 et seq. percent of each sub-ACL, provided the Dated: October 1, 2013. Background stock-wide catch did not exceed the Samuel D. Rauch III, NMFS published a proposed rule for stock-wide ACL. This measure allows a Deputy Assistant Administrator for Framework 2 and the 2013–2015 sub-ACL increase for a management Regulatory Programs, performing the specifications (Framework 2/2013–2015 area, but it does not allow a functions and duties of the Assistant Specifications) on August 2, 2013 (78 corresponding increase to the stock- Administrator for Fisheries, National Marine FR 46897). The comment period on the wide ACL. Overall harvest would Fisheries Service. proposed rule ended on September 3, therefore remain constrained by the [FR Doc. 2013–24361 Filed 10–3–13; 8:45 am] 2013. NMFS received five comments, stock-wide ACL. Consequently, the fleet BILLING CODE 3510–22–P which are summarized in the would be required to forego harvest in

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one or more management areas in order Development Team (PDT), including (2) the SSC should evaluate the to harvest the carryover available in an considering the forage aspects of applicability of these control rules for area. This measure maintains the Atlantic herring, discussed other herring at its November 19, 2012, management uncertainty buffer between possible approaches, and agreed to meeting, both for the 2013–2015 ABC and the stock-wide ACL, while support both PDT approaches as specifications and for long-term giving the fleet some flexibility in alternatives for ABC and the ABC management. choosing where to harvest the stock- control rule for 2013–2015 as the most The Council also requested that the wide ACL. appropriate for management at this SSC evaluate the two additional ABC Under this measure, NMFS will time. The first approach sets ABC for all control rules recommended by allocate carryover in the second year 3 years based on 75 percent FMSY. The Earthjustice. In considering the Lenfest after the applicable year ends. The second approach sets ABC at the same and Pacific Council control rules in interim year is necessary because the level for all 3 years, which has a no preparation for the SSC review, the herring fishery can be active up to the greater than 50-percent probability of Herring PDT expressed concern about end of December, and NMFS cannot exceeding FMSY in 2015. The SSC adopting either of these control rules in finalize herring catch data until about 6 concluded that these two approaches for the 2013–2015 specifications package. months after the end of the FY. setting ABC are nearly equivalent from The Herring PDT stated that either Therefore, NMFS will apply carryover a biological perspective, as they are would represent a significant change in from FY 2013 in FY 2015, for example. expected to produce similar spawning management strategy, which may not be consistent with the Council’s 2013–2015 Herring Specifications stock biomass values for the herring stock in 2015. The SSC also determined management regime or the underlying The Gulf of Maine-Georges Bank that the two control rules would likely stock assessment advice, and that herring stock complex is a meet ecosystem-based targets for a adopting such a rule would require transboundary stock that is found in forage species because they consideration of a number of factors not both U.S. and Canadian waters. The incorporated a major advance in appropriate to the specifications process 2012 Stock Assessment Review accounting for natural mortality in the (i.e., such a potentially significant Committee of the 54th Northeast herring stock, which takes into account deviation from the current management Regional Stock Assessment Workshop herring’s role as forage in the ecosystem. regime would be better considered in a estimated the 2011 herring biomass at The Council’s Herring Oversight Council amendment to the FMP). 517,930 mt (biomass supporting Committee met on September 20, 2012, The SSC carefully considered the maximum sustainable yield (BMSY) = to discuss the SSC’s ABC and control additional two control rules it was 157,000 mt) and the 2011 fishing rule recommendations, and to develop asked to review, and concluded that mortality rate (F) at 0.14 (FMSY (0.27)). additional herring specifications (e.g., forage fish control rules based on the Because the herring stock complex is ACL, OY, RSA) based on that advice. Lenfest and Pacific Council models 1 above ⁄2 BMSY and the F is below FMSY, At its September 26, 2012, meeting, would yield short-term biomass the stock is not overfished and the Council considered the SSC’s projections for 2013–2015 that are very overfishing is not occurring. This recommendations for an ABC control similar to their previous ABC control assessment increased natural mortality rule. Based on advice from its scientific rule recommendations (i.e., 75 percent rates for 1996–2011 by 50 percent to advisors, the SSC, the Council selected of FMSY and constant catch control resolve a retrospective pattern and the ‘‘constant catch’’ ABC control rule rules) (see Appendix II of the EA for the ensure rates take into account estimated as its preferred alternative. This rule specifications). The SSC concluded that consumption of herring in the provides consistency and potential the 75-percent and constant catch ecosystem. stability to fishing industry operations control rules that it had already On March 9, 2012, in Flaherty v. and an opportunity for providing a recommended to the Council are Bryson, 850 F. Supp.2d 38 (D.D.C. 2013) steady supply of catch to the market. At consistent with the intent of control U.S. District Court for the District of the same time, it maintains a low rules recommended by Earth Justice. Columbia (Court) found that the EA for probability of overfishing or the stock According to the SCC, the Amendment 4 to the FMP did not being overfished. recommended control rules analyze a reasonable range of Following the Council meeting, acknowledge that herring is an alternatives for an ABC control rule or Earthjustice (representing the plaintiffs important forage species, take that into AMs. On August 2, 2012, the Court in the litigation on Amendment 4) sent account, and allow for sufficient ordered NMFS to recommend that the a letter to the Council commenting that biomass through 2015 to support Council consider an adequate range of the Council’s consideration of ABC ecosystem considerations, including alternatives for AMs and an ABC control control rules is not consistent with the herring’s forage role in the ecosystem. rule based on the best available science Court order to evaluate an ABC control The SSC also noted that there are for setting ABC control rules for herring rule for forage fish. Earthjustice substantial differences between the and other forage fish. Therefore, in an provided two additional forage fish ABC Lenfest and Pacific Council control August 31, 2012, letter to the Council, control rules for the Council to consider: rules, and that considerably more NMFS strongly recommended that the One based on the Lenfest Forage Fish analysis would be necessary to Council analyze a range of alternatives Report; and the other used by the Pacific determine the suitability of applying for an ABC control rule that consider Fishery Management Council for coastal forage fish control rules like the Lenfest Atlantic herring’s role as forage and pelagic species. As a result, the Herring and Pacific Council approaches to AMs as part of the 2013–2015 herring PDT reviewed these two additional Atlantic herring in the future. The SSC specifications. forage fish ABC control rules at its concluded that it did not have sufficient On September 12, 2012, the Council’s October 18, 2012, meeting. After information to evaluate the performance Scientific and Statistical Committee considering and discussing these ABC of the additional control rules for issues (SSC) considered various approaches for control rules, the Herring PDT including predator-prey models, the an ABC control rule. The SSC recommended to the Council that: (1) relationship between MSY and changing considered the ABC approaches These two additional ABC control rules natural mortality rates due to changes in examined by the Herring Plan may not be appropriate for herring; and consumption, and unintended

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consequences of treating forage species Council revise its management area TABLE 1—2013–2015 differently than other managed species. closure measure to be more SPECIFICATIONS—Continued As a result, the SSC recommended to precautionary (close the directed fishery the Council that control rules for forage when 92 percent, rather than 95 percent, Allowable Biological 114,000. species such as the Lenfest and Pacific of the area’s sub-ACL is projected to be Catch. pelagics control rules should receive harvested) and adopt a measure that Optimum Yield/An- 107,800. nual Catch Limit. further evaluation prior to any potential would close the directed fishery in all Domestic Annual Har- 107,800. implementation as a long-term strategy management areas when 92 percent of vest. for managing herring. Based on the the stock-wide ACL is projected to be Border Transfer ...... 4,000. SSC’s recommendations, the Council harvested. Additionally, the letter Domestic Annual 103,800. determined that the 75-percent and recommended that the Council maintain Processing. constant catch control rules adequately the current pound-for-pound overage U.S. At-Sea Proc- 0. account for herring’s role as forage (and deduction measure (allowing for an essing. would yield similar results to short-term interim year to verify and finalize catch Area 1A Sub-ACL ..... 29,775.* application of specific forage fish Area 1B Sub-ACL ..... 4,600. data) and that it not revise the overage Area 2 Sub-ACL ...... 30,000. control rules) and that consideration of deduction measure so that it would only Area 3 Sub-ACL ...... 42,000. other approaches for the long term will require overage deductions when catch Fixed Gear Set-Aside 295. require additional analyses of the exceeded 105 percent of a management Research Set-Aside .. 3 percent of each appropriate multiple reference points, area sub-ACL. sub-ACL. that should be evaluated in a full The Council considered a range of * This value was reduced by 1,425 mt from Council amendment to the FMP. Section AM alternatives for the herring fishery 31,200 mt to 29,775 mt to account for an 2.2.9.1 ‘‘Additional Alternatives for to help prevent ACL overages and overage in 2011. ABC Control Rule’’ in the EA fully account for overages when they do Consistent with the SSC’s advice, the explains the Council’s rationale for Council recommended changing the considering and rejecting these forage occur. The Council recommended OFL from 127,000 mt in 2012 to 169,000 fish control rule alternatives as part of revising the existing management area mt in 2013, 136,000 mt in 2014, and the specifications. NMFS agrees that the closure measure by lowering the 114,000 mt in 2015, and increasing the Council’s control rule for this action, directed herring fishery (landings herring ABC from 106,000 mt in 2010– which is based on the SSC’s scientific >2,000 lb) closure trigger in a 2012 to a constant level of 114,000 mt advice, is the most appropriate management area from 95 percent to 92 for 2013–2015. The Council believes approach at this time. NMFS also agrees percent of the area’s sub-ACL. The that the buffer between OFL and ABC is with the Council’s conclusions that the Council also recommended establishing Council should further consider a more a new AM that would close the entire reflective of scientific uncertainty. specific forage fish control rule, directed herring fishery when 95 Reductions for additional sources of including a consideration of the percent of the stock-wide ACL is scientific uncertainty (e.g., biomass implications of forage control rules on harvested. Both of these measures projections, recruitment, forage/natural other components of the ecosystem and would help prevent sub-ACL and stock- mortality) were not recommended. OY on the biological reference points for wide ACL overages that the fishery has may not exceed OFL and may be herring. NMFS has urged the Council to experienced in 2010, 2011, and possibly reduced by social, economic, or consider this in the context of an 2012. Lastly, after considering a range of ecological factors. The Council did not amendment to the FMP to potentially be less precautionary overage deduction recommend any additional buffers for used when developing the 2016–2018 measures, the Council recommended 2013–2015, so OY is set equal to ACL. specifications. maintaining the current overage Herring regulations (§ 648.200(b)(3)) The 2013–2015 specifications also deduction measure. This measure specify that the ACL is less than or address the Court order relative to AMs allows for an interim year to verify and equal to ABC minus expected catch in for the herring fishery. Due to some finalize herring catch data before the New Brunswick weir fishery and the recent challenges monitoring the herring deducting overages from the sub-ACL uncertainty around discard estimates of fishery, NMFS provided specific AM and/or stock-wide ACL where the herring caught in Federal and state recommendations to the Council in a overage occurred, consistent with the waters. The Council recommended a letter dated January 23, 2013. Herring carryover provision. 6,200-mt deduction for New Brunswick catch exceeded one or more At its January 29, 2013, meeting, the weir catch based on recent performance management area sub-ACLs in 2010 and Council recommended the 2013–2015 in that fishery. Because state-only catch 2011, and preliminary data indicate that specifications for the herring fishery. and herring discards are tracked against 2012 catch exceeded three management This final rule implements the herring the ACL, the Council did not area sub-ACLs, as well as the stock-wide specifications as recommended by the recommend any additional buffer ACL. This reflects in the challenge of Council as detailed in Table 1 below. between ABC and ACL to account for monitoring this high volume fishery, in For 2013–2015, the Council may the uncertainty around discard which the fleet catches and lands large annually review these specifications estimates. Regulations at § 648.201(f) state that if volumes of fish in a very short period and recommend adjustments if NMFS determines that the New of time. NMFS currently monitors necessary. herring catch using a combination of Brunswick weir fishery landed less than 9,000 mt through October 15, NMFS daily electronic vessel reports, weekly TABLE 1—2013–2015 SPECIFICATIONS vessel trip reports, and weekly dealer shall allocate an additional 3,000 mt to the Area 1A sub-ACL in November. reports. Data errors in catch reports, late Atlantic Herring Specifications (mt) for reporting, or non-compliance have 2013–2015 Because the Council recommended, and adversely affected monitoring the this action proposes, a much smaller fishery in real-time. Overfishing Limit ...... 2013—169,000. deduction for New Brunswick weir As a result, in a letter dated January 2014—136,000. catch (6,200 mt) for 2013–2015 than in 23, 2013, NMFS recommended that the 2015—114,000. past years, the previous requirement to

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allocate additional harvest to Area 1A if during FY 2007–2009. Consequently, Institute, the plaintiffs in the Flaherty catch in the New Brunswick weir the Council set USAP at zero for FY legal challenge of Amendment 4 to the fishery is less than 9,000 mt is not 2010–2012. The Council has not Herring FMP, and the other was on appropriate for 2013–2015. Therefore, received any information that would behalf of the Herring Alliance, an this action removes that requirement. suggest changing this specification for environmental organization that formed BT is a processing allocation available FYs 2013–2015. to protect and restore ocean wildlife and to Canadian transport vessels and This final rule establishes a 3-percent ecosystems in the northeast United dealers. The MSA provides for the herring research set-aside (RSA) for all States by reforming the Atlantic herring issuance of permits to Canadian vessels management areas for fishing years fishery (Herring Alliance, transporting U.S.-harvested herring to 2014–2015. The RSA was established in herringalliance.org). Earthjustice’s two Canada for sardine processing. The Amendment 1 (0–3 percent for any letters raised nearly identical issues on Council recommended setting the management area). The herring RSA set- behalf of its clients. The summary of specification for BT at 4,000 mt. The aside is removed from each sub-ACL comments below includes Earthjustice’s amount specified for BT has equaled prior to allocating the remaining sub- comments combined for its two clients 4,000 mt since 2000. As there continues ACL to the fishery. If a proposal is except when the issue raised in one to be Canadian interest in transporting approved, but a final award is not made letter or the other is distinct. herring for sardine processing, the by NMFS, or if NMFS determines that Comment 1: The tuna fisherman specification for BT remains unchanged. the allocated RSA cannot be utilized by expressed concern that herring The FMP specifies that DAH will be a project, NMFS shall reallocate the midwater trawl and purse seine vessels set less than or equal to OY and is unallocated or unused amount of the are having a severe negative impact on comprised of DAP and BT. Consistent RSA to the respective sub-ACL, in herring abundance in the Gulf of Maine. with the specifications for OY, the accordance with the Administrative He stated that, once herring vessels Council recommended setting the DAH Procedure Act (APA), provided that the arrive, the herring are gone. He stated at 107,800 mt for 2013–2015. DAH additional catch can be available for that this is having negative impacts on should reflect the actual and potential harvest before the end of the FY for cod, birds, whales, and other animals in harvesting capacity of the U.S. herring which that RSA is specified. Herring the Gulf of Maine that rely on herring fleet. Since 2001, total landings in the regulations (§ 648.201(g)) specify that up as a source of food. CCCFA commented U.S. fishery have decreased, averaging to 500 mt of the Area 1A sub-ACL shall that it feels strongly that a robust forage 93,792 mt over the time series. Herring be allocated for the fixed gear fisheries base is necessary for the health of all our landings from the most recent 5-year in Area 1A (weirs and stop seines) that fish stocks, particularly New England’s period (2007–2011) averaged 86,373 mt. occur west of 44° 36.2 N. Lat. and depleted groundfish stocks, and that the DAP is the amount of U.S. harvest that 67°16.8 W. Long. This set-aside shall be organization has long been concerned is processed domestically, as well as available for harvest by the fixed-gear with the high-volume herring fishery’s herring that is sold fresh (i.e., bait). DAP within the specified area until direct and indirect impacts on other is calculated by subtracting BT from November 1 of each year; any unused fisheries. CCCFA and Earthjustice urged DAH. Using this formula, the Council portion of the allocation will be restored the continued evaluation of ABC control recommended setting DAP at 103,800 to the Area 1A sub-ACL after November rules intended specifically for forage mt. NMFS concurs that the U.S. herring 1. During 2010–2012, the fixed gear set- fish for possible inclusion in the next fishery has the capacity to harvest and aside was specified at 295 mt. Because appropriate action. process the DAH and DAP the Area 1A sub-ACL for 2013–2015 is Response: NMFS agrees that the recommended by the Council, so this not substantially different from the Area Council should further consider catch final rule sets DAH at 107,800 mt and 1A sub-ACL in 2012, the Council control rules for herring that take into DAP at 103,800 mt for 2013–2015. recommended that the fixed gear set- account herring’s role as forage in the A portion of DAP may be specified for aside remain the same. This final rule ecosystem. NMFS has asked the the at-sea processing of herring in sets the fixed gear set-aside at 295 mt for Council, in a letter dated August 29, Federal waters. When determining the 2013–2015. 2013, to consider this, to the extent USAP specification, the Council possible, prior to developing the next considers the availability of shore-side Comments and Responses specifications for the herring fishery. processing, status of the resource, and NMFS received five comment letters The control rule implemented by these opportunities for vessels to participate on the proposed rule for Framework 2/ specifications, however, is based on a in the herring fishery. During FY 2007– 2013–2015 Specifications from: A tuna major advancement in accounting for 2009, the Council maintained a USAP fisherman from Maine; Cape Seafoods, herring’s role as forage in the ecosystem. specification of 20,000 mt (Areas 2/3 Inc. and Western Sea Fishing, Inc. (two The Council’s SSC concluded that the only) based on information received related herring processing and fishing resulting catch levels established by about a new at-sea processing vessel businesses hereafter referred to as Cape these specifications allow for sufficient that intended to utilize a substantial Seafoods/Western Sea); the Cape Cod biomass to support ecosystem amount of the USAP specification. At Commercial Fishermen’s Alliance considerations, including herring’s role that time, landings from Areas 2 and 3— (CCCFA), a Cape Cod, MA, fishing as forage. where USAP is authorized—were community-based organization that Comment 2: The tuna fisherman considerably lower than allocated sub- seeks to protect ecosystems and promote urged NMFS to monitor herring vessels ACLs (formerly TACs) for each of the fishing businesses; and Earthjustice, a at sea and at the dock. past several years. Moreover, the non-profit public interest law Response: NMFS will continue to specification of 20,000 mt for USAP did organization dedicated to protecting the monitor the herring fishery through not restrict either the operation or the environment and defending people’s fishery observers, and vessel and dealer expansion of the shoreside processing rights to a healthy environment reports. NMFS cannot implement facilities during FY 2007–2009. (Earthjustice, earthjustice.org). enhanced monitoring measures without However, the at-sea processing Earthjustice wrote two letters: one was further Council action. The Council operation never materialized, and none on behalf of Michael Flaherty, Alan would have to consider measures to of the USAP specification was used Hastbacka, and the Ocean Rivers implement dockside monitoring in an

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amendment to the FMP, not through a fishing effort in the herring fishery reaches 92 percent of the catch, instead specifications action. Previously, the through percentage allocated by season, of the 95-percent threshold. Cape Council removed consideration of but opposed splitting seasons in Areas Seafoods/Western Sea argued that the dockside monitoring from Amendment 2 and 3, and delaying herring fishing in fishery has been below overfishing 5 to the FMP. This is a complex issue Area 1B until May (through the zero- thresholds in recent years and there is due to funding and administration of percent allocation in January through no valid justification for the more such a program, but one that the April). precautionary closure threshold. Council may reconsider in a future Response: The comment provided no Response: NMFS disagrees that the action. basis for opposing the Council’s fishery has been below overfishing Observer coverage levels can be recommended and proposed seasonal thresholds in recent years and there is determined outside of the Council splits for the herring management areas. no valid justification for the more process by NMFS, and NMFS currently The Council’s justification for the precautionary closure threshold. Under monitors herring vessels at sea through measure is that the proposed seasonal MMSA requirements, NMFS must the Northeast Fisheries Observer sub-ACL split for Areas 1A and 1B establish ACLs and ensure that the Program (Observer Program) consistent would slow fishing effort by spreading ACLs are not exceeded through fishery with coverage required by the Standard it through the year, reducing the management measures. If ACLs are Bycatch Reporting Methodology probability that the entire sub-ACL exceeded, NMFS must implement AMs (SBRM). Coverage rates in the herring would be caught early in the fishing to account for the overage. AMs can fishery vary by area and gear. In 2012, year. The Council noted that this may address management uncertainty, the Observer Program observed allow the fishery to maximize including uncertainty in quantifying approximately 16 percent of purse opportunities when market conditions catch and monitoring the quota on a seine, 18 percent of paired midwater may be more favorable. The Council real-time basis, as well as the ability of trawl, 6 percent of single midwater noted that the seasonal split proposed managers to constrain catch in order to trawl, and 5 percent of bottom-trawl for Area 1A is already in the FMP and avoid ACL overages. Setting the AM herring trips in Area 1A (inshore Gulf of has been effective for years through the threshold at 92 percent for herring Maine). Coverage levels in other areas in Atlantic States Marine Fisheries management area sub-ACLs, and 95 2012 were higher for some gears, Commission’s (ASMFC’s) days-out percent for the fishery-wide herring including approximately 37 percent of restrictions. The Council noted that the ACL, addresses management paired midwater trawl trips in Area 1B Area 1B sub-ACL is relatively small, and uncertainty, including NMFS’s ability to (offshore Gulf of Maine) and 75 percent the fishery has exceeded the sub-ACL in constrain catch as the fishery of paired midwater trawl trips in Area that area in recent years. The split in approaches the applicable sub-ACL. The 3 (Georges Bank). Combined, this level Area 1B is intended, in part, to address lower threshold is warranted because of of coverage was sufficient under SBRM this problem. NMFS agrees with this the level of catch that can happen in a to monitor bycatch in this fishery. rationale, and also notes that the short time when the fishery is Comment 3: Cape Seafoods/Western Council did not select seasonal approaching the sub-ACLs. At a lower Sea expressed concerns about the delay allocation splits for Areas 2 and 3. If the threshold, NMFS is more likely to in implementing the specifications past Council considers such splits in the account for management uncertainty January 1, 2013, and increasingly late in future, the Council would analyze the such as catch occurring after the closure 2013. The stockwide ACL and sub-ACLs proposed splits as part of the announcement (NMFS provides, in all will increase under the new appropriate specifications action. The general, 72-hr notice of a closure), specifications, and the representative herring industry and others interested in incidental catch of herring after the was concerned that the increased catch herring fishery management would have closure (up to 2,000 lb (907 kg) per trip), will not be available before the current the opportunity to participate in the variable herring catch rates, and late/ lower catch levels are harvested and the development of those actions. missing catch reports that cause catch to fishery closed in the various Comment 5: Cape Seafoods/Western increase after the closure. For some management areas. Sea supported carryover of sub-ACL, but areas, like Area 1B, that have very small Response: NMFS shares these urged NMFS to allow more than 10 sub-ACLs, the larger buffer is important concerns. For the 2013–2015 percent of the sub-ACLs to be carried since catch leading up to the closure specifications, the Council took final over because it believes sufficient and after the closure announcement can action in January 2013 and submitted its buffers are built into setting the sub- cause the sub-ACL to be exceeded in first version of the action in March ACLs and the payback provisions for just a few trips. 2013. NMFS and the Council went overages minimize the need to limit Comment 7: CCCFA supported the 92- through a substantial amount of work to carryover to 10 percent. percent closure threshold for complete the EA that supports the Response: NMFS cannot choose a management areas and the 95-percent Council’s recommendations. The higher percentage for carryover without closure threshold for the stockwide Council’s final submission was in July further Council action, because the ACL, as well as the carryover provision 2013, and NMFS proceeded with a Council only considered carryover of up in Framework 2. However, CCCFA proposed rule quickly with an August 2, to 10 percent. The Council could urged NMFS to eliminate the 1-year lag 2013, publication. Through this rule, consider higher carryover in future for implementing the overage NMFS is putting the specifications in years if it believes it is warranted. deductions and carryover in favor of a place as soon as possible and will be Whether or not sufficient buffers are more immediate response to under or considering re-opening any herring included already in setting herring over-harvesting the herring ACLs. management areas that closed due to fishery ACLs, as suggested in the Response: The interim year between herring catch under the lower rollover comment, would need to be analyzed in the year the overage occurs and the 2013 catch limits that can be reopened that future action. overage deduction AM, and the same for under the higher 2013 catch limits Comment 6: Cape Seafoods/Western the under-harvest and the carryover implemented through this final rule. Sea supported the sub-ACL under this action, is necessary because Comment 4: Cape Seafoods/Western specifications, but opposed the new AM the herring fishery can be active during Sea supported the seasonal control of that would close each area when it the entire fishing year (January to

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December). This may be enhanced with and if new information about the the EA that explains the SSC’s the seasonal splits in Areas 1A and 1B. herring resource suggests that the consideration of the two control rules Once all data are available to NMFS Council should consider adjusting the and the Council’s reasons for including (considering corrected and late reports), herring specifications, either upward or them in the considered but rejected NMFS finalizes herring fishery year-end downward. section of the EA. In that section, the accounting about halfway through the Comment 9: Earthjustice commented Council provides a thorough description interim year (in 2013, NMFS completed that NMFS failed to consider a of the two forage-based control rules this in August). Within this process, reasonable range of alternatives to the proposed by Earthjustice, the SSC NMFS completes quality control checks interim ABC Control Rule in the recommendations, and the reasons why on herring catch data in February Specifications. Earthjustice claimed that those two control rules should not be finalizes observer data in May, and the record for the action does not further analyzed in the EA. Earthjustice finalizes dealer data in June. As we are support NMFS’s conclusion in the also failed to recognize and address the seeing this year with late proposed rule that the two forage-based two SSC reports, included as implementation of these specifications, control rules, which were rejected, were appendices to the EA, that present the an inseason adjustment of the herring carefully considered by the SSC during SSC’s full consideration of the two sub-ACLs is disruptive and confusing to development of the Specifications. forage fish control rules and its full the herring fleet. Although NMFS Earthjustice claims that NMFS has reasons for delaying consideration of the understands that an adjustment sooner failed to satisfy the Court’s remedial alternative forage-based control rules. after the overage or underage occurred Order in Flaherty, which requires NMFS Comment 10: Earthjustice commented would be preferable, biologically, there to consider a range of alternatives to the that NMFS’s disapproval of Amendment is little difference in making the AM or interim ABC control rule for the 5’s 100-percent observer coverage carryover effective 1 year, or 2 years Atlantic herring fishery, at least one of requirement, the net slippage cap, and after the overage or underage. which is based on the most recent best the requirement for dealers to weigh fish Comment 8: CCCFA supported the available science for setting ABC control undermines the specifications. It claims sub-ACL specifications, but insisted that rules for herring and other forage fish. that the disapproval of these monitoring the specifications should be revisited Earthjustice commented that NMFS revisions is problematic because the annually to ensure that these allocations must implement an ABC Control Rule catch limits in the specifications were are still consistent with the resource. consistent with the best available analyzed with the expectation that these CCCFA commented that is particularly science for herring and other forage fish monitoring measures would be the case for the 2015 specifications, in the next specifications package. approved. Earthjustice characterized since the ABC is equal to the OFL for Response: Earthjustice’s comment and several statements in the EA as that year. The Herring Alliance, through summary of the Council’s consideration demonstrating that the full approval of Earthjustice, commented that NMFS and of the two forage fish control rules does Amendment 5 is necessary for the the Council initiate structured annual not provide an accurate summary of the implementation of the Council’s Council and SSC review of stock status Council’s consideration of the range of preferred specification alternatives. The similar to the procedures used by the control rules in the specifications. The Herring Alliance, through Earthjustice, Mid-Atlantic Council and its SSC for Council considered five alternative commented that, as a result of the reviewing multi-year specifications control rules that could be used to set disapproval, NMFS should approve the annually in the Mackerel, Squid, and an ABC and ACLs for the herring ‘‘No Action’’ alternative for specifying Butterfish Fishery Management Plan. fishery, including the no action ABC and ACL, which would maintain Response: The 3-year specifications alternative. Earthjustice and its clients the status quo of 106,000 mt ABC and for this and other species promotes presented two of the alternatives (the 91,200 mt ACL for the next 3 years. efficiency in the Council process, which Lenfest and Pacific Control Rules) to the Response: NMFS strongly disagrees can be hampered by numerous Council, and the Council used with these comments. The conflicting actions and priorities in its additional time in the specifications specifications are not dependent on the various fishery management plans. process to consider them. The Council’s approval of Amendment 5. With or However, nothing prevents the Council SSC evaluated all of the control rules without approved Amendment 5 from adjusting the specifications within and recommended to the Council that management measures, the proposed the 3-year period, if information the two alternative forage-based control specifications will continue to serve as suggests that the specifications need rules should not be used for the 2013– management measures that are adjustment. The current herring 2015 specifications. The basis for this necessary and appropriate to comply regulations state that the Council can recommendation had two parts: First, and are consistent with the MSA and adjust the herring specifications within the SSC found that evaluating catch applicable laws. Earthjustice cited an established 3-year period if it limits through such as the alternatives pieces of the Framework 2/2013–2015 determines that it should do so based on proposed by Earthjustice required Specifications document that reference information provided by its herring PDT further scientific development and Amendment 5, and provided its own or the ASMFC’s herring Plan Review guidance from the Council because the interpretation of those statements, Team, or other stock-related rules as designed may not be suitable for concluding that the proposed information. Further, the regulations the herring fishery; and second, that specifications are not legal as a result of state that the herring PDT will meet at based on available information, the the disapproval of Amendment 5. These least once during the 3 years to review alternative control rules proposed by statements are not accurate. the stock status in relations to the OFLs, Earthjustice would yield ABC and ACLs The EA for these specifications if information is available to do so. The similar to the three other control rules includes references to Amendment 5 as Council would use the specifications- evaluated by the SSC and the Council. a reasonably foreseeable action. It setting process that it uses for the In suggesting that the record for the includes references to the AM measures typical 3-year specifications. Currently, action does not support the Council’s in the specifications that support the need for adjustment is speculative. conclusions, Earthjustice failed to Amendment 5 objectives. It also CCCFA and any other organization may recognize or address the discussion of includes references to all of the suggest such action of the Council when the two control rules that is included in monitoring measures in Amendment 5

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and the expectation that those measures required by the MSA. NMFS will year of the 2013–2015 Specifications would build on recent monitoring continue to implement a rigorous does not include any buffer for scientific improvements in the herring fishery. monitoring program for the herring uncertainty in setting OFL and ABC. The 100-percent monitoring coverage fishery to maintain consistency with Response: The FMP, as adjusted by requirement referred to by Earthjustice these requirements. these specifications, is in compliance is only one of the Amendment 5 Comment 12: Earthjustice commented with the MSA and applicable law. The measures that were expected to build on that NMFS violated the law by failing to SSC concluded that the proposed these improvements. The monitoring consider adding river herring and shad specifications are unlikely to result in and other measures approved in to the FMP. It stated that, although the overfishing in the next 3 years, Amendment 5 are still expected to Council made such an action a priority including FY 2015. The best available improve recent monitoring. for 2013, it has failed to take any action scientific information, as presented in The record does not support on it. Earthjustice commented that the the EA, supports these conclusions. If Earthjustice’s claims that additional Council inexplicably delayed action new scientific information about the uncertainty would need to be built into instead until the completion of the river herring resource and fishery shows that the specifications and that the 2013– herring catch cap action in Framework the Council should adjust the 2015 specifications should be reduced 3 and an action to establish an industry- specifications, the Council may take to account for the disapproval of some funded observer program. Earthjustice action to do so to prevent overfishing or measures in Amendment 5. NMFS and commented that failure to initiate an to address any issues that are not the Council consider a full range of amendment to consider adding river evident in the scientific information alternatives for an action that is herring and shad to the FMP as supporting this action. Further, the new dependent on possible approval or managed species would further lower AM thresholds implemented by disapproval and implementation of unlawfully delay NMFS meeting its these specifications will assist with measures included in an umbrella statutory obligations to manage species maintaining these catch limits. action (see Amendment 15 and in need of conservation and Comment 14: The Herring Alliance, Framework Adjustment 22 to the management and that the Council must through Earthjustice, opposed the Scallop Fishery Management Plan (76 initiate such an amendment at its ‘‘Constant Catch ABC Control Rule’’ and FR 43746, July 21, 2011, and 76 FR September Council meeting. the failure to consider an ABC control 43774, July 21, 2011, respectively)). Response: Adding river herring and rule that can respond to changing stock These two scallop actions were directly shad to the herring FMP is outside of conditions necessary to determine how related, and the documents supporting the scope of this action. NMFS agrees, many fish can safely be removed from the action and the rules published in the however, that the Council should the ecosystem. The Herring Alliance Federal Register noted those consider adding river herring and shad stated that a well-designed ABC control relationships. As noted in this rule, the to the FMP as managed species, or rule establishes ABC under a wide range ABC is sufficient to prevent overfishing. managing river herring and shad under of stock conditions, including setting New AMs are being implemented by its own management plan, and has catch at zero when a minimum biomass this action to support those limits. For urged the Council to consider these limit is reached. the 2013–2015 Herring Specifications, issues in a letter to the Council from Response: The Constant Catch ABC the Council merely noted improvements NMFS dated August 29, 2013. The Control Rule will apply to the next 3 expected through Amendment 5. The Council will determine its management years of the herring fishery. The SSC has Council did not state anywhere that the action priorities at its November analyzed this catch rule and determined 2013–2015 Specifications rely on the Council meeting, and NMFS will urge it it sufficiently accounts for herring’s role approval of Amendment 5 in full. to prioritize consideration of managing as forage and protects from overfishing. Comment 11: Earthjustice commented river herring and shad. NMFS does not If the Council finds that this control rule that NMFS is past its deadline to believe that considering industry- is insufficient, or results in too much establish management measures that funded observer provisions would be an risk of overfishing, it may choose to minimize bycatch consistent with impediment to the Council’s change the ABC control rule. In National Standard 9 of the MSA. It consideration of river herring and shad addition, NMFS is urging the Council to commented that NMFS must act quickly as stocks in the fishery, as NMFS is further consider control rules for the to implement a river herring catch cap proposing to develop an action, with herring fishery that take into account through Framework 3 to the FMP. close coordination with both the New the role of herring as forage in the Earthjustice also noted that NMFS must England and Mid-Atlantic Fishery ecosystem. Although the Council ensure that the cap reduces bycatch and Management Councils, that could determined that forage-specific control incidental catch of river herring establish provisions for industry-funded rules would provide no distinct consistent with National Standard 9 and observer programs for all managed difference from the constant catch the goals and objectives of the FMP. fisheries. control rule or its alternatives in the Response: This comment is not Comment 13: The Herring Alliance, next 3 years, it recognized the need to relevant to Framework 2/2013–2015 through Earthjustice, opposed the 2013– further develop and consider forage- Specifications. NMFS notes, however, 2015 specifications because it believes based control rules for this species. that it has asked the Council to quickly they are too high and do not account for NMFS therefore believes that the move forward on its development and sufficient uncertainty related to Council will further consider different completion of Framework 3 to monitoring of the fishery. The Herring control rules in the next scheduled implement river herring catch cap for Alliance is concerned about discarding specifications and that the herring the herring fishery. NMFS disagrees that and uncertainties in herring catch as a resource is not at risk of overfishing in it has missed a deadline to minimize result of monitoring deficiencies created the meantime. bycatch as required by the Court. by NMFS’s disapproval of some Rather, NMFS believes that the monitoring provisions in Amendment 5 Changes From Proposed Rule to Final measures implemented in Amendment to the FMP. The Herring Alliance, Rule 5 minimize bycatch and mortality of through Earthjustice, also opposed the In § 648.201(g), the first sentence is bycatch to the extent practicable, as 2015 specifications because the terminal changed to read ‘‘Subject to the

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conditions described in this paragraph management measures. This rule would In preparing the FRFA for this final (f), unharvested catch in a herring allow the states to re-open the fishery. rule, NMFS reviewed permit, landings, management area in a fishing year (up A final regulatory flexibility analysis and ownership data, and discovered an to 10 percent of that area’s sub-ACL) (FRFA) was prepared, as required by error in tabulating revenues and entities shall be carried over and added to the section 603 of the Regulatory Flexibility for 2012, which is now being corrected sub-ACL for that herring management Act (RFA). The FRFA describes the in this rule. NMFS has now identified area for the fishing year following total economic impact this final rule would 70 entities (compared to 61 in the catch determination.’’ The change have on small entities. A summary of original analysis) that held at least one brings the regulatory text in line with the analysis follows. limited access herring permit (category A, B, or C) in 2012. Many of these the Council’s recommended measure Statement of Objective and Need because carryover is a maximum of 10 entities were active in both finfish percent of the sub-ACL, not 10 percent This action implements management fishing and shellfish fishing industries. of the unused portion of the sub-ACL measures and 2013–2015 specifications In order to make a determination of size, and so the original text was in error. for the herring fishery. A complete fishing entities are first classified as description of the reasons why this participants in either the Finfish Fishing Classification action is being considered, and the or Shellfish Fishing industry. In the Pursuant to section 304(b)(1)(A) of the objectives of and legal basis for this IRFA, NMFS, determined that if an MSA, the NMFS Assistant action, are contained in the preamble to entity derives more than 50 percent of Administrator has determined that this this final rule and are not repeated here. its gross revenues from shellfish fishing, final rule is consistent with the Atlantic A Summary of the Significant Issues the $5.0 million standard for total Herring FMP, other provisions of the Raised by the Public Comments in revenues is applied. If an entity derives MSA, and other applicable law. Response to the IRFA, a Summary of the more than 50 percent of its gross This final rule has been determined to Assessment of the Agency of Such revenues from finfish fishing, the $19.0- be not significant for purposes of Issues, and a Statement of Any Changes million standard for total revenues is Executive Order 12866. Made in the Proposed Rule as a Result applied. Based on the revised criteria, there are seven large shellfish fishing The need to implement these of Such Comments entities to which the rule would apply. measures in an expedited manner in NMFS received no comments relative There are 63 small entities to which the order to help achieve conservation to the IRFA or economic impacts of the rule would apply. objectives for Atlantic herring proposed Framework 2 or 2013–2015 Of the 63 small entities, 39 reported constitutes good cause, under authority herring fishery specifications. no revenue from herring during 2012. contained in 5 U.S.C. 553(d)(3), to waive Description and Estimate of Number of For the 24 small entities that were active the 30-day delay in effectiveness. If in the herring fishery, median gross there is a delay in implementing the Small Entities to Which the Rule Will Apply revenues were approximately $872,000 ACLs in this action, the herring fleet and median revenues from the herring will continue to fish in Federal waters NMFS determined in the Initial fishery were approximately $219,000. under lower ACLs that are currently in Regulatory Flexibility Analysis that There is large variation in the effect. In some cases, these allocations based on 2012 permit data, the number importance of herring fishing for these are close to being fully harvested, which of potential fishing vessels in each small entities. Eight of these 24 active would force a closure of the affected permit category in the herring fishery small entities derive less than 5 percent management areas prior to the end of are as follows: 40 for Category A of their total fishing revenue from the fishing year. NMFS would need to (limited access, All Areas); 4 for herring. Seven of these 24 active small re-open the fisheries after the closures, Category B (limited access, Areas 2 and entities derive more than 95 percent of and delaying such reopening could 3); 45 for Category C (limited access, their total fishing revenue from herring. constrain catch for the remainder of the incidental); and 1,984 for Category D The Office of Advocacy at the Small year. The allocations in this action were (open access). Using ownership data Business Administration (SBA) suggests developed to reflect an updated estimate and this permit information, 61 entities two criteria to consider in determining of the annual catch that can be were analyzed relative to the impacts on the significance of regulatory impacts: harvested, and could be underutilized if small entities when the Council made Disproportionality and profitability. The the herring fishery is not given its recommendations on this action. disproportionality criterion compares sufficient time to harvest it. The herring Three entities, owning vessels with the effects of the regulatory action on fishery supplies bait to the lobster and Category A permits, were considered small versus large entities (using the other fisheries, and the process of large entities, as defined in section 601 SBA-approved size definition of ‘‘small closing and reopening the fishery could of the RFA, based on the small business entity’’), not the difference between lead to a potential under-harvest and size standards in effect when the segments of small entities. The changes also cause widespread fishery Council made its recommendations on in profits, costs, and net revenues due disruption. Further, continuation of this action. to Framework 2/2013–2015 inconsistent state and Federal Subsequent to Council action related Specifications are not expected to be management measures creates to this rule, SBA revised its small disproportional for small versus large unnecessary confusion in the industry business size standards for several entities, as the action will affect all about regulatory requirements. For industries in a final rule effective July entities, large and small, in a similar example, the states recently closed the 22, 2013 (78 FR 37398, June 20, 2013). manner. As a result, this action would herring fishery in Area 1A under The rule increased the size standard for have proportionally similar impacts on Atlantic States Marine Fisheries Finfish Fishing from $4.0 to $19.0 revenues and profits of each vessel and Commission rules in order to prolong million, Shellfish Fishing from $4.0 to each multi-vessel owner compared both the fishery. This closure has confused $5.0 million, and Other Marine Fishing to status quo (i.e., FY 2012) and no vessel owners and interested members from $4.0 to $7.0 million. NMFS has action levels. Therefore, this action is of the public public because of the reviewed the analyses prepared for this not expected to have disproportionate overlap in this state and Federal action in light of the new size standards. impacts or place a substantial number of

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small entities at a competitive The specifications for 2013–2015 Under Option 3, the total stockwide disadvantage relative to large entities. implement the actual seasonal splits. ACL could increase but could not The status quo for seasonal splits exceed ABC in any fishing year. These Description of Projected Reporting, includes a seasonal split for Area 1A (0 options were not selected by the Recordkeeping, and Other Compliance percent for January–May and 100 Council because increasing the Requirements percent for June–December), and no stockwide ACL would increase the risk This action does not contain any new seasonal splits for the other areas. The of exceeding overfishing limits for the collection-of-information, reporting, approved measures adds a seasonal split herring fishery. All options would recordkeeping, or other compliance for Area 1B (0 percent January–April provide benefits to the herring industry requirements. It does not duplicate, and 100 percent in May–December). in terms of increased operational overlap, or conflict with any other This would delay fishing in Area 1B to flexibility, higher levels of catch in Federal rules. allow for sufficient time for overage or subsequent years, or both. There may be carryover determinations so the moderate increases in monitoring and Description of the Steps the Agency Has industry may be better able to harvest reporting costs that would accrue to Taken To Minimize the Significant within the sub-ACL. The Area 1B split Economic Impact on Small Entities fishery managers (NMFS) associated may increase user-group conflicts, with these options. Consistent With the Stated Objective of particularly between the midwater trawl the Applicable Statutes, Including a herring vessels and recreational anglers Impacts of OFL/ABC Alternatives Statement of the Factual, Policy, and who utilize Area 1B in June. With the Legal Reasons for Selecting the exception of 2011 and 2012, however, Relative to the status quo, the Alternative Adopted in the Final Rule Area 1B has been open year-round to specifications for setting the herring and Why Each of the Other Significant the herring fishery (only in 2012 was it constant catch ABC and OFL for 2013– Alternatives to the Rule Considered by closed in June) without significant 2015 implemented by this rule will the Agency Which Affect the Impact on conflict with the recreational fishery result in an increase in OFL and ABC. Small Entities Was Rejected though the seasonal split may increase Increasing, then maintaining a stable herring vessel activity in Area 1B in OFL and ABC would provide net Framework Adjustment 2 would benefits to the herring industry in the improve profitability by allowing sub- June. An Area 2 split of 67 percent in short and long term, relative to the ACL carryover, thus permitting the January–February and 33 percent in status quo. Moderately higher amounts industry to maximize opportunities to March–December was considered, but of catch may result in slightly lower bait fish when markets are favorable. The not selected. This seasonal splitting for costs to the lobster industry. Alternative 2013–2015 herring specifications, ABC, Area 2 could ensure herring availability 3 for setting a declining ABC for 2013– and the corresponding sub-ACLs would towards the end of the year. This could 2015 would also increase the overall increase (from 106,00 mt to 114,000 mt) have positive economic benefits for amount of available catch over the 3- for the upcoming 3 fishing years, which fishing vessels that are jointly catching year specifications period and thereby could also increase profitability. The herring and mackerel at the end of the the potential net benefits to the herring AMs are expected to act as an incentive calendar year. Based on industry input industry in the short and long term, to avoid exceeding the ACL and are during development of this action, the relative to the status quo. However, expected to have minimal impacts on Council determined that allowing the Alternative 3 was rejected because its profitability. The impacts of these fleet to operate in Area 2 based on declining catch limits would provide measures are described below. market conditions and fish availability lower net benefits than Alternative 2, Seasonal Splits of Sub-ACLs would be more preferable than setting a the approved Alternative implemented season in Area 2. Both herring and through this final action, because it Relative to the status quo, the mackerel availability in this area occur would not provide the industry with approved measures, which allow for during the winter and can be quite stable market expectations and seasonal splits, may have costs to the variable, and an early-year split like the improved ability for business planning. herring industry. A seasonal split would one proposed for Area 2 could preclude delay harvest of herring and potentially the fleet from optimizing these fisheries. Sub-ACL Options reallocate herring effort from earlier in the season to later in the season. The Carryover Provisions Relative to the status quo, these purpose of this measure is to ensure that Relative to the status quo, the specifications would provide 16,600 mt the herring sub-ACLs are not met or approved measures to allow for of additional yield each year in 2013– exceeded early in the fishing year. carryover of up to 10 percent of sub- 2015 relative to the yield available in Prolonging the fishing season, or ACL benefits the herring industry by 2012. Increasing a sub-ACL results in delaying fishing opportunities until late increasing operational flexibility and positive economic impacts, if the in the fishing year may be desirable in efficiency. For all carryover options, increase translates into increased catch. many cases. For example, because there are slightly higher regulatory and Increases in sub-ACLs that are not likely herring and mackerel are jointly caught monitoring costs for NMFS. The Council to be fully utilized will provide at the end of the fishing year in Area 2, also considered three options for how to minimal, if any, economic benefits. The there may be an opportunity to increase apply the carryover, which have values of sub-ACLs under consideration catch by delaying some effort until later different potential economic impacts to in all options are within the range of during the year to provide an affected entities. Under the Preferred recent sub-ACLs and catches. This opportunity to catch mackerel along Option (Option 1), there would be no suggests that the herring industry could with herring. Therefore, there may be corresponding increase in the total approach full utilization of the sub- benefits to fishing businesses that stockwide ACL. Under Option 2, an ACLs under any of the options. Relative participate in both the herring and increase in the total stockwide ACL to the status quo, all alternatives are mackerel fishery if the Council chooses would be possible and the expected to provide similar benefits to adopt a seasonal split in Area 2, or determination would be authorized by because they are primarily distributive other areas, in future actions. the NMFS Regional Administrator. in nature.

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Impacts of Other 2013–2015 Fishery implementation of the closures and projects that catch will reach 92 percent Specifications disrupt the opperations of vessel of the annual sub-ACL allocated to a No costs or benefits are expected for owners. management area before the end of the fishing year, or 92 percent of the Area the specifications of management Small Entity Compliance Guide uncertainty, RSAs, Fixed Gear Set-Aside 1A or Area 1B sub-ACL allocated to a Section 212 of the Small Business seasonal period as set forth in paragraph (FGSA), DAH, BT, or USAP relative to Regulatory Enforcement Fairness Act of the status quo. (d) of this section, NMFS shall prohibit 1996 states that, for each rule, or group vessels, beginning the date the catch is Accountability Measures of related rules, for which an agency is projected to reach 92 percent of the sub- required to prepare a FRFA, the agency The approved measures would close ACL, from fishing for, possessing, shall publish one or more guides to the directed fishery in each management catching, transferring, or landing more assist small entities in complying with area at 92 percent of the corresponding than 2,000 lb (907.2 kg) of Atlantic the rule and shall designate such area sub-ACL. Relative to the status quo herring per trip in the applicable area, publications as ‘‘small entity of 95 percent of the sub-ACL, this and from landing herring more than compliance guides.’’ The agency shall alternative may limit fishing once per calendar day, except as explain the actions a small entity is provided in paragraphs (b) and (c) of opportunities, which would be a cost to required to make to comply with a rule the industry. However, this measure this section. NMFS shall implement or group of rules. As part of this these restrictions in accordance with the may also ensure that sub-ACLs are not rulemaking process, a small entity exceeded and deducted from future APA. compliance guide will be sent to all (ii) Herring fishery closure. If NMFS ACLs. The measure would close the holders of permits issued for the herring entire fishery at 95 percent of the total projects that catch will reach 95 percent fishery. In addition, copies of this final of the ACL before the end of the fishing stockwide ACL; this differs from the rule and guide (i.e., permit holder letter) status quo because there is currently no year, NMFS shall prohibit vessels, are available from the Regional beginning the date the catch is projected trigger to close the directed fishery in all Administrator (see ADDRESSES) and may areas based on a percentage of the total to reach 95 percent of the ACL, from be found at the following Web site: fishing for, possessing, catching, ACL. This may impose a small short- http://www.nero.noaa.gov. term cost on the herring industry transferring, or landing more than 2,000 relative to the status quo, but there are List of Subjects in 50 CFR Part 648 lb (907.2 kg) of Atlantic herring per trip expected to be long-term benefits from Fisheries, Fishing, Recordkeeping and in all herring management areas, and reducing ACL overages. Moreover, the reporting requirements. from landing herring more than once 92-percent trigger for the sub-ACLs in per calendar day, except as provided in Dated: September 30, 2013. the management areas should minimize paragraphs (b) and (c) of this section. Alan D. Risenhoover, impacts associated with closures, NMFS shall implement these especially when combined with Director, Office of Sustainable Fisheries, restrictions in accordance with the APA. performing the functions and duties of the * * * * * carryover provisions in Framework 2. Deputy Assistant Administrator for Alternative 3 would continue to rely Regulatory Programs, National Marine (d) Seasonal sub-ACL periods. The on herring catch estimation from NMFS’ Fisheries Service. sub-ACL for each herring management ‘‘year-end’’ catch tallying methods to area may be divided into seasonal For the reasons set out in the trigger the AM for overage paybacks. periods by month. Seasonal sub-ACLs preamble, 50 CFR part 648 is amended The AM for closing the directed fishery for herring management areas, including as follows: in a management area would continue the specification of the seasonal periods, to be triggered based on NMFS’ ‘‘in- PART 648—FISHERIES OF THE shall be set through the annual season’’ monitoring but would be NORTHEASTERN UNITED STATES specification process described at modified in the following ways: (1) The § 648.200. The seasonal allocation of AM trigger for closing the directed ■ 1. The authority citation for part 648 sub-ACLs are as follows: herring fishery in a management area continues to read as follows: (1) Area 1A: Zero percent available for would be reduced to 92% of the sub- Authority: 16 U.S.C. 1801 et seq. harvest during January–May; 100 ACL and (2) The current AM to require percent available for harvest during ■ a pound-for-pound sub-ACL overage 2. In § 648.14, paragraph (r)(1)(vi)(G) June–December. deduction based on year-end catch is added to read as follows: (2) Area 1B: Zero percent available for tallies (with a one-year lag) would § 648.14 Prohibitions. harvest during January–April; 100 percent available for harvest during remain effective, but the deduction * * * * * would only be required if the sub-ACL (r) * * * May–December. is exceeded by 5% or more when (1) * * * (3) Area 2: 100 percent available for overfishing is not occurring and the (vi) * * * harvest during January–December. stock is rebuilt (i.e., above the target (G) Fish for, possess, or retain herring (4) Area 3: 100 percent available for biomass). Alternative 3 would have in any management area during a season harvest during January–December. lowered costs to the herring industry that has zero percent of the herring sub- * * * * * but may be less effective at achieving ACL allocated as specified in (f) Carryover. Subject to the the conservation objectives of the FMP. § 648.201(d). conditions described in this paragraph Under Alternative 4, the closure trigger * * * * * (f), unharvested catch in a herring would be affected by any previous ■ 3. In § 648.201, paragraphs (a)(1), (d), management area in a fishing year (up overages. This would increase the and (f) are revised to read as follows: to 10 percent of that area’s sub-ACL) management complexity for regulators shall be carried over and added to the and the industry because there could be § 648.201 AMs and harvest controls. sub-ACL for that herring management different triggers for each management (a) * * * area for the fishing year following the area. Alternative 4 was rejected because (1) Herring sub-ACLs and ACL— (i) year when total catch is determined. For its complexity could slow the Management area closure. If NMFS example, NMFS will determine total

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catch from 2013 during 2014, and will FOR FURTHER INFORMATION CONTACT: kg) trip limit implemented on April 7, add carryover to the applicable sub- Christopher Biegel, Fishery 2013, and restores the trip limits, if any, ACL(s) in 2015. All such carryover shall Management Specialist, 978–675–9112. in effect before April 7, 2013, at 0001 be based on the herring management SUPPLEMENTARY INFORMATION: hours October 1, 2013. This means that, area’s initial sub-ACL allocation for the Regulations governing the Atlantic effective 0001 hrs, October 1, 2013, fishing year, not the sub-ACL as herring fishery are found at 50 CFR part vessels issued an All Areas Limited increased by carryover or decreased by 648. The regulations require annual Access Herring Permit are authorized to an overage deduction, as specified in specification of optimum yield, fish for, possess, or land Atlantic paragraph (a)(3) of this section. All domestic and foreign fishing, domestic herring with no possession restrictions; herring landed from a herring and joint venture processing, and vessels issued an Areas 2 and 3 Limited management area shall count against management area sub-ACLs. Final Access Herring Permit are authorized to that area’s sub-ACL, as increased by herring specifications for 2013–2015 set fish for, possess, or land Atlantic carryover. For example, if 500 mt of the total 2013 total herring ACL at herring only if issued an open access herring is added as carryover to a 5,000 107,800 mt, allocated to the herring herring permit or a Limited Access mt sub-ACL, catch in that management management areas as follows: 29,775 mt Incidental Catch Permit; vessels issued area would be tracked against a total to Area 1A; 4,600 mt to Area 1B; 30,000 a Limited Access Incidental Catch sub-ACL of 5,500 mt. NMFS shall add mt to Area 2; and 42,000 mt to Area 3. Herring Permit are authorized to fish sub-ACL carryover only if the ACL, This is an increase in the sub-ACL’s that for, possess, or land up to 55,000 lb (25 specified consistent with had rolled over at the start of the herring mt); and vessels issued an open access § 648.200(b)(3), for the fishing year in fishing year (FY). herring permit may not fish for, possess, which there is unharvested herring, is Regulations at § 648.201(a) require or land more than 6,600 lb (3 mt) of not exceeded. The ACL, consistent with NMFS to monitor catch from the herring Atlantic herring in Area 2. § 648.200(b)(3), shall not be increased fishery in each of the herring Effective 0001 hrs, October 1, 2013, by carryover specified in this paragraph management areas, using dealer reports, federally permitted dealers are advised (f). state data, and other available that they may purchase more than 2,000 [FR Doc. 2013–24271 Filed 9–30–13; 4:15 pm] information, to determine when the lb (907.2 kg) of Atlantic herring caught BILLING CODE 3510–22–P catch of herring is projected to reach 92 in Area 2 by federally permitted vessels. percent of the sub-ACL allocated. When such a determination is made, NMFS is Classification DEPARTMENT OF COMMERCE required to prohibit, through publication in the Federal Register, This action is taken under 50 CFR National Oceanic and Atmospheric herring vessel permit holders from part 648 and is exempt from review Administration fishing for, catching, possessing, under E.O. 12866. The Assistant transferring, or landing more than 2,000 Administrator for Fisheries, NOAA 50 CFR Part 648 lb (907.2 kg) of herring, per trip or (AA), finds good cause pursuant to 5 calendar day, in or from the specified U.S.C. 553(b)(B) to waive prior notice [Docket No. 130408348–3835–02] management area for the remainder of and the opportunity for public comment the closure period, with the exception of because it would be contrary to the public interest. This action removes the RIN 0648–XC894 transiting as described below. NMFS published a temporary rule, 2,000-lb (907.2-kg) herring trip limit in Fisheries of the Northeastern United effective April 7, 2013, in the Federal Area 2 at 0001 hours October 1, 2013. States; Atlantic Herring Fishery; Register (78 FR 21071, April 9, 2013) The Atlantic herring fishery opened for Removal of 2,000-lb (907.2-kg) Herring projecting that 95 percent (the closure FY 2013 at 0001 hrs on January 1, 2013. Trip Limit in Atlantic Herring threshold at the time) of the Area 2 sub- The Atlantic herring fleet was Management Area 2 ACL had been harvested. Based upon prohibited from fishing for, catching, information indicating that 95 percent possessing, transferring, or landing more AGENCY: National Marine Fisheries of the sub-ACL would be reached by than 2,000 lb (907.2 mt) per trip or Service (NMFS), National Oceanic and April 7, 2013, the temporary rule calendar day on April 7, 2013, based on Atmospheric Administration (NOAA), reduced the herring trip limit for all projections that 95 percent of the Commerce. federally permitted herring vessels to available Area 2 herring sub-ACL had ACTION: Temporary rule. 2,000 lb (907.2 kg) per trip in Area 2; the been harvested. If implementation of trip limit reduction was to be effective this temporary removal of the 2,000-lb SUMMARY: NMFS announces a temporary through December 31, 2013. (907.2-kg) trip limit is delayed to solicit removal of the 2,000-lb (907.2 kg) trip Upon implementation of the herring prior public comment, the remaining limit for the Atlantic herring fishery in specifications for 2013–2015, the NMFS quota may not be fully harvested before Management Area 2 (Area 2) because Northeast Regional Administrator the end of FY 2013 on December 31. catch data indicate that 95 percent of determined, based upon dealer reports The AA finds, pursuant to 5 U.S.C. the total sub-annual catch limit (sub- and other available information, that the 553(d)(3), good cause to waive the 30- ACL) threshold in Area 2 has not been herring fleet had not yet taken 92 day delayed effectiveness period for the fully attained. Vessels issued a Federal percent of the new Area 2 sub-ACL as reasons stated above. permit to harvest Atlantic herring may of September 25, 2013, and that there Authority: 16 U.S.C. 1801 et seq. resume fishing for and landing herring was approximately 6,079 mt of Atlantic Dated: September 30, 2013. in amounts greater than 2,000 lb (907.2 herring quota still available in Area 2. kg), consistent with their respective Therefore, to ensure that the herring Kelly Denit, Atlantic herring permit categories, fleet is able to take up to 92 percent of Acting Deputy Director, Office of Sustainable effective 0001 hrs, October 1, 2013. the Area 2 sub-ACL, consistent with Fisheries, National Marine Fisheries Service. DATES: Effective 0001 hours, October 1, applicable regulations and trip limits, [FR Doc. 2013–24283 Filed 9–30–13; 4:15 pm] 2013, through December 31, 2013. this action removes the 2,000-lb (907.2- BILLING CODE 3510–22–P

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Notices Federal Register Vol. 78, No. 193

Friday, October 4, 2013

This section of the FEDERAL REGISTER (Commission) on a broad range of civil DEPARTMENT OF COMMERCE contains documents other than rules or rights matters in its respective state that proposed rules that are applicable to the pertain to alleged deprivations of voting National Oceanic and Atmospheric public. Notices of hearings and investigations, rights or discrimination or denials of Administration committee meetings, agency decisions and rulings, delegations of authority, filing of equal protection of the laws because of RIN 0648–XC909 petitions and applications and agency race, color, religion, sex, age, disability, statements of organization and functions are or national origin, or the administration Pacific Fishery Management Council examples of documents appearing in this of justice. SACs also provide assistance (Pacific Council); Public Meeting section. to the Commission in its statutory AGENCY: National Marine Fisheries obligation to serve as a national Service (NMFS), National Oceanic and clearinghouse for civil rights COMMISSION ON CIVIL RIGHTS Atmospheric Administration (NOAA), information. Commerce. State Advisory Committees; Request The SAC consists of not more than x ACTION: Notice of public meetings. for Applications members, each of whom will serve a two-year term. Members serve as unpaid SUMMARY: The Pacific Council will host AGENCY: United States Commission on Special Government Employees who are a webinar meeting of the Council Civil Rights. reimbursed for travel and expenses. To Coordination Committee (CCC) ACTION: Notice of period during which be eligible to be on a SAC, applicants consisting of the eight Regional Fishery individuals may apply to be appointed must be residents of Hawaii and have Management Council (RFMC) chairs, to the Hawaii Advisory Committee; demonstrated expertise or interest in vice chairs, and executive directors and request for applications. civil rights issues. its subcommittees. The intent of this meeting is to discuss issues of relevance SUMMARY: Because the terms of the The Commission is an independent, to the CCC, including: Magnuson- members of the Hawaii Advisory bipartisan agency established by Stevens Act reauthorization priorities, Committee are expiring as of January 18, Congress in 1957 to focus on matters of CCC terms of reference, Department of 2014, the United States Commission on race, color, religion, sex, age, disability, Commerce Office of the Inspector Civil Rights hereby invites any or national origin. Its mandate is to: General report action plan, decisions individual who is eligible to be • and follow-up activities, and, as time appointed to apply. The memberships Investigate complaints from citizens allows, other topics of concern to the covered by this notice are exclusively that their voting rights are being RFMCs. for the Hawaii Advisory Committee, and deprived, applicants must be residents of Hawaii • Study and collect information about DATES: The meeting will be held to be considered. Letters of interest must discrimination or denials of equal October 23–24, 2013. The meeting will be received by the Western Regional protection under the law, begin at 11 a.m. Pacific Daylight Time (PDT) on Wednesday, October 23, 2013, Office of the U.S. Commission on Civil • Appraise federal civil rights laws Rights no later than November 18, 2013. and recess at 2 p.m. PDT, or when and policies, Letters of interest must be sent to the business is complete, reconvene at 11 • address listed below. Serve as a national clearinghouse a.m. PDT on Thursday, October 24, DATES: Letters of interest for on discrimination laws, 2013, and recess at 2 p.m. PDT, or when membership on the Hawaii Advisory • Submit reports and findings and business is complete, with breaks as Committee should be received no later recommendations to the President and determined by the Pacific Council than November 18, 2013. the Congress, and Chair. ADDRESSES: Send letters of interest to: • Issue public service announcements ADDRESSES: The meeting will be held by U.S. Commission on Civil Rights, to discourage discrimination. web-based media, with attendance Western Regional Office, 300 North Los information posted on the Pacific The Commission invites any Angeles Street, Suite 2010, Los Angeles, Council Web site. CA 90012. Letter can also be sent via individual who is eligible to be Council address: Pacific Fishery email to [email protected]. appointed a member of the Hawaii Management Council, 7700 NE Advisory Committee covered by this FOR FURTHER INFORMATION CONTACT: Ambassador Place, Suite 101, Portland, notice to send a letter of interest and a Peter Minarik, Acting Regional Director, OR 97220. resume to the address above. Western Regional Office, (213) 894– FOR FURTHER INFORMATION CONTACT: Dr. 3437, [email protected]. Dated: September 29, 2013. Donald O. McIsaac, Executive Director; SUPPLEMENTARY INFORMATION: The David Mussatt, telephone: 503–820–2280 or 866–806– Hawaii Advisory Committees (SAC) is a Acting Chief, Regional Programs 7204 toll free; or access the Pacific statutorily mandated advisory Coordination Unit. Council Web site, http:// committee of the U.S. Commission on [FR Doc. 2013–24299 Filed 10–3–13; 8:45 am] www.pcouncil.org for the current meeting location, proposed agenda, and Civil Rights pursuant to 42 U.S.C. BILLING CODE 6335–01–P 1975a. Under the charter for the SAC, meeting briefing materials. the purpose is to provide advice and SUPPLEMENTARY INFORMATION: The recommendations to the U.S. Magnuson-Stevens Fishery Commission on Civil Rights Conservation and Management

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Reauthorization Act (MSA) of 2006 intent to take final action to address the Council Web site, http:// established the CCC by amending emergency. www.pcouncil.org for the current Section 302 (16 U.S.C. 1852) of the meeting location, proposed agenda, and Special Accommodations MSA. The CCC consists of the chairs, meeting briefing materials. vice chairs, and executive directors of These meetings are physically SUPPLEMENTARY INFORMATION: The each of the eight RFMCs authorized by accessible to people with disabilities. November 1–6, 2013 meeting of the the MSA or other Council members or Requests for sign language Pacific Fishery Management Council staff. The meeting is open to the public interpretation or other auxiliary aids will be streamed live on the internet. who wish to participate by webinar; should be directed to Mr. Kris The live meeting will be broadcast daily instructions for participation will be Kleinschmidt at (503) 820–2280 at least starting at 8 a.m. Pacific Time (PT) posted on the Pacific Council’s Web site 5 days prior to the meeting date. beginning on Friday, November 1, 2013 (found at http://www.pcouncil.org/). Dated: September 30, 2013. through Wednesday, November 6, 2013. Written public comments submitted Tracey L. Thompson, The broadcast will end daily at 6 p.m. prior to 8 a.m. PDT October 21 to the Acting Deputy Director, Office of Sustainable PT or when business for the day is Pacific Council (see ADDRESSES) will be Fisheries, National Marine Fisheries Service. complete. Only the audio portion, and posted, along with other materials [FR Doc. 2013–24286 Filed 10–3–13; 8:45 am] portions of the presentations displayed relevant to discussions at the CCC BILLING CODE 3510–22–P on the screen at the Council meeting, meeting, at http://www.pcouncil.org/ will be broadcast. The audio portion is council-operations/council-meetings/ listen-only; you will be unable to speak ccc-oct-2013/. DEPARTMENT OF COMMERCE to the Council via the broadcast. Attend Agenda the broadcast meeting online by going to National Oceanic and Atmospheric http://www.joinwebinar.com and Wednesday, October 23, 2013 Administration entering the Webinar ID for November, 11 a.m. PDT RIN 0648–XC914 which is 153–873–807, and then enter your email address as required. The Call to Order Pacific Fishery Management Council audio and visual portions of the Open Public Comment (Pacific Council); Public Meetings broadcast may be attended using a MSA Reauthorization Priorities computer, tablet, or smart phone, using AGENCY: National Marine Fisheries 2 p.m. PDT the GoToMeeting application. It is Service (NMFS), National Oceanic and recommended that you use a computer Recess for the day Atmospheric Administration, headset to listen to the meeting, but if Commerce. Thursday, October 24, 2013 you do not have a headset or speakers, ACTION: Notice of public meetings. you may use your telephone for the 11 a.m. PDT SUMMARY: The Pacific Council and its audio portion of the meeting. The audio MSA Reauthorization Priorities advisory entities will hold public portion alone may be attended using a CCC Terms of Reference meetings. telephone by dialing the toll number 1– Office of Inspector General Action Plan 415–655–0057; phone audio access code Allocation Review Process DATES: The Pacific Council and its 646–294–165 (not a toll-free number). Discussion of Follow-up Activities advisory entities will meet October 30- The following items are on the Pacific Other Business if Time Allows, such as: November 6, 2013. The Pacific Council Council agenda, but not necessarily in Allocation Review Processes meeting will begin on Friday, November this order. 1, 2013 at 8 a.m., reconvening each day Budget Updates A. Call to Order through Wednesday, November 6, 2013. ESA Transparency 1. Opening Remarks All meetings are open to the public, Stock Assessment Prioritization Plan 2. Roll Call except a closed session will be held at 3. Executive Director’s Report 2 p.m. PDT the end of the scheduled agenda on 4. Approve Agenda Friday, November 1 to address litigation Adjourn B. Open Comment Period and personnel matters. The Pacific The timing and order in which agenda Comments on Non-Agenda Items Council will meet as late as necessary items are addressed may change as C. Salmon Management required to effectively address the each day to complete its scheduled 1. National Marine Fisheries Service issues. The CCC may meet as late as business. (NMFS) Report necessary to complete scheduled ADDRESSES: Meetings of the Pacific 2. 2014 Salmon Methodology Review business. Council and its advisory entities will be 3. Preseason Salmon Management Although non-emergency issues not held at the Hilton Orange County Costa Schedule for 2014 contained in this agenda may come Mesa, 3050 Bristol Street, Costa Mesa, D. Habitat before this group for discussion, in CA 92626; telephone: (714) 540–7000. Current Habitat Issues accordance with the Magnuson-Stevens Instructions for attending the meeting E. Coastal Pelagic Species Management Fishery Conservation and Management via live stream broadcast are given 1. NMFS Report Act (Magnuson-Stevens Act), those under SUPPLEMENTARY INFORMATION 2. 2014 Exempted Fishing Permit issues may not be the subject of formal below. Notice of Intent action during these meetings. Actions Council address: Pacific Fishery 3. Establish Maximum Sustainable will be restricted to those issues Management Council, 7700 NE Yield Reverence Point for Northern specifically identified in this notice and Ambassador Place, Suite 101, Portland, Anchovy any issues arising after publication of OR 97220. 4. 2014 Methodology Review Process this notice that require emergency FOR FURTHER INFORMATION CONTACT: Dr. and Preliminary Topic Selection action under Section 305(c) of the Donald O. McIsaac, Executive Director; 5. Pacific Sardine Stock Assessment Magnuson-Stevens Act, provided the telephone: (503) 820–2280 or (866) 806– and Management for 2014, public has been notified of the Council’s 7204 toll free; or access the Pacific Including Tribal Set-Aside

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F. Enforcement Issues 5. Biennial Harvest Specifications for 1. Regional Operating Agreement Federal Enforcement Priorities and 2015–2016 Groundfish Fisheries 2. Magnuson-Stevens Act Other Enforcement Issues 6. Essential Fish Habitat (EFH) Reauthorization Priorities and G. Pacific Halibut Management Review Phase 2 Report and Other Legislative Matters 2014 Pacific Halibut Regulations Proposals to Modify EFH 3. Approval of Council Meeting H. Groundfish Management 7. Electronic Monitoring Alternatives Minutes 1. Seabird Avoidance Regulations 2. Exempted Fishing Permit 8. Consideration of Inseason 4. Fiscal Matters 2. Sablefish Permit Stacking Program Adjustments 5. Advisory Body Position Review Scoping 9. Biennial Management Appointments and Council 3. Stock Complex Restructuring Specifications for 2015–2016 Operating Procedures 4. Stock Assessments and Rebuilding Groundfish Fisheries 6. Future Council Meeting Agenda Analyses I. Administrative Matters and Workload Planning

SCHEDULE OF ANCILLARY MEETINGS

Time

Wednesday, October 30, 2013: Groundfish Tier 1 Environmental Impact Statement Ecosystem Workshop ...... 8 a.m. Scientific and Statistical Groundfish and Ecosystem Subcommittees ...... 1 p.m. Thursday, October 31, 2013: Groundfish Management Team ...... 8 a.m. Habitat Committee ...... 8 a.m. Salmon Advisory Subpanel ...... 8 a.m. Scientific and Statistical Committee ...... 8 a.m. Legislative Committee ...... 9 a.m. Budget Committee ...... 1 p.m. Friday, November 1, 2013: California State Delegation ...... 7 a.m. Oregon State Delegation ...... 7 a.m. Washington State Delegation ...... 7 a.m. Coastal Pelagic Species Advisory Subpanel ...... 8 a.m. Coastal Pelagic Species Management Team ...... 8 a.m. Groundfish Management Team ...... 8 a.m. Salmon Advisory Subpanel ...... 8 a.m. Scientific and Statistical Committee ...... 8 a.m. Groundfish Advisory Subpanel ...... 11 a.m. Enforcement Consultants ...... 3 p.m. Annual Awards Banquet ...... 6 p.m. Saturday, November 2, 2013: California State Delegation ...... 7 a.m. Oregon State Delegation ...... 7 a.m. Washington State Delegation ...... 7 a.m. Coastal Pelagic Species Advisory Subpanel ...... 8 a.m. Coastal Pelagic Species Management Team ...... 8 a.m. Groundfish Advisory Subpanel ...... 8 a.m. Groundfish Management Team ...... 8 a.m. Enforcement Consultants ...... as Needed. Sunday, November 3, 2013: California State Delegation ...... 7 a.m. Oregon State Delegation ...... 7 a.m. Washington State Delegation ...... 7 a.m. Groundfish Advisory Subpanel ...... 8 a.m. Groundfish Management Team ...... 8 a.m. Enforcement Consultants ...... as Needed. Monday, November 4, 2013: California State Delegation ...... 7 a.m. Oregon State Delegation ...... 7 a.m. Washington State Delegation ...... 7 a.m. Groundfish Advisory Subpanel ...... 8 a.m. Groundfish Management Team ...... 8 a.m. Enforcement Consultants ...... as Needed. NMFS Forage Fish Indicator Species Session ...... 6 p.m. Tuesday, November 5, 2013: California State Delegation ...... 7 a.m. Oregon State Delegation ...... 7 a.m. Washington State Delegation ...... 7 a.m. Groundfish Advisory Subpanel ...... 8 a.m. Groundfish Management Team ...... 8 a.m. Enforcement Consultants ...... as Needed. Wednesday, November 6, 2013: California State Delegation ...... 7 a.m. Oregon State Delegation ...... 7 a.m. Washington State Delegation ...... 7 a.m.

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Although non-emergency issues not North Lois Avenue, Suite 1100, Tampa, 6. Discuss Exempted Fishing Permits contained in this agenda may come FL 33607. related to Reef Fish (if any). before this Council for discussion, those FOR FURTHER INFORMATION CONTACT: Mr. Council Session Agenda, Tuesday, issues may not be the subject of formal Douglas Gregory, Executive Director, October 29, 2013, 4 p.m. Until 5 p.m. Council action during this meeting. Gulf of Mexico Fishery Management Council action will be restricted to those Council; telephone: (813) 348–1630; fax: 4 p.m.–4:20 p.m.: Call to Order and issues specifically listed in this notice (813) 348–1711; email: doug.gregory@ Introductions, adoption of agenda and and any issues arising after publication gulfcouncil.org. approval of minutes, and approval of of this notice that require emergency proposed 2014 Committee SUPPLEMENTARY INFORMATION: The items action under Section 305(c) of the Appointments. Magnuson-Stevens Fishery of discussion for each individual 4:20 p.m.–4:30 p.m.: The Council will Conservation and Management Act, management committee agenda are as review and vote on Exempted Fishing provided the public has been notified of follows: Permits (EFP), if any. the Council’s intent to take final action Mackerel Management Committee, 4:30 p.m.–5 p.m.: The Council will to address the emergency. Monday, October 28, 2013, 1 p.m. Until discuss the Red Drum Tagging Program. Special Accommodations 3 p.m. Note: Immediately following recess will be 1. Take Final Draft on CMP an informal public Question and Answer These meetings are physically Session on Gulf of Mexico fishery accessible to people with disabilities. Amendment 20A (previously CMP management issues on Tuesday, October 29, Requests for sign language Amendment 19). 2013. interpretation or other auxiliary aids 2. Take Final Draft on CMP should be directed to Carolyn Porter at Amendment 20B (previously CMP Council Session Agenda, Wednesday, (503) 820–2280 at least 5 days prior to Amendment 20). October 30, 2013, 8:30 a.m. Until 5:30 3. Discuss Additional Motions from the meeting date. p.m. the South Atlantic September 2013 Dated: September 30, 2013. Council meeting. 8:30 a.m.–12 noon: The Council will Tracey L. Thompson, 4. Discuss the Purpose and Timing of meet as a committee of the whole for Acting Deputy Director, Office of Sustainable CMP Amendment 24. Data Collection, Shrimp and Sustainable Fisheries, National Marine Fisheries Service. 5. Review SAFMC’s Framework Fisheries/Ecosystem Management [FR Doc. 2013–24310 Filed 10–3–13; 8:45 am] Action addressing king mackerel trip Committees. 1:30 p.m.–4:30 p.m.: The Council will BILLING CODE 3510–22–P limits and allowable Spanish mackerel nets. receive public testimony on Final 6. Other Business—Review the Mackerel Amendments 20A—Coastal DEPARTMENT OF COMMERCE Regional Electronic Technology Migratory Pelagics Sale and Permit Implementation Plan. Provisions and Final Amendment 20B— National Oceanic and Atmospheric Modifications to the Coastal Migratory Administration Sustainable Fisheries/Ecosystem Pelagics Zone Management, and on Management Committee, Monday, RIN 0648–XC912 Final Action—Reef Fish Amendment October 28, 2013, 3 p.m. Until 5:30 p.m. 39—Regional Management of Gulf of Mexico Fishery Management 1. Review of the Law Enforcement Recreational Red Snapper. The Council Council; Public Meeting Advisory Panel Report. will also hold an open public comment 2. Review of Draft Framework period regarding any other fishery AGENCY: National Marine Fisheries Action—Update Tier 3 ACLs with issues or concerns. People wishing to Service (NMFS), National Oceanic and Revised Marine Recreational speak before the Council should Atmospheric Administration (NOAA), Information Program (MRIP) Landings. complete a public comment card prior Commerce. 3. Review of Generic Amendment— to the comment period. ACTION: Meeting of the Gulf of Mexico Default Status Determination Criteria, 4:30 p.m.–5:30 p.m.: The Council will Fishery Management Council. Optimum Yield Definition, and receive a committee report from the Adoption of Annual Catch Limits for Mackerel Management Committee. SUMMARY: The Gulf of Mexico Fishery Red Snapper Scoping Document. Management Council (Council) will Council Session Agenda, Thursday, 4. Review of Framework Action to hold meetings of the: Mackerel, October 31, 2013, 8:30 a.m. Until 11:45 Define Operating as a Charter Vessel or Sustainable Fisheries/Ecosystem, and a.m. Headboat in the Gulf of Mexico. Reef Fish Management Committees; and 8:30 a.m.–10:30 a.m.: The Council a meeting of the Full Council. The Reef Fish Management Committee, will receive a committee report from the Council will also hold an informal Tuesday, October 29, 2013, 8:30 a.m. Reef Fish Management Committee. public question and answer session Until 11:30 a.m. and 1 p.m. Until 4 p.m. 10:30 a.m.–11:30 a.m.: The Council regarding agenda items and a formal 1. Receive a summary from the will review Other Business items: Joint public comment session. October 2013 Reef Fish Scientific and Law Enforcement Report, the SEDAR DATES: The Council meeting will be Statistical Committee (SSC) meeting. Steering Committee Report, and review held from 1 p.m. on Monday, October 2. Take Final Action on Amendment of the SEDAR schedule. 28 until 12 noon on Thursday, October 39—Recreational Red Snapper Regional 11:30 a.m.–11:45 p.m.: The Council 31, 2013. Management. will review the Action Schedule. ADDRESSES: 3. Review of Draft Framework Action Although non-emergency issues not Meeting address: The meeting will be to Rescind Amendment 30B Permit contained in this agenda may come held at the DoubleTree Hotel, 300 Canal Conditions. before this group for discussion, those Street, New Orleans, LA 70130; 4. Discuss the Ad Hoc Red Snapper issues may not be the subject of formal telephone: (504) 581–1300. IFQ Advisory Panel Charge. action during these meetings. Action Council address: Gulf of Mexico 5. Review of Scoping/Options Paper will be restricted to those issues Fishery Management Council, 2203 for Sector Separation. specifically identified in this notice and

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any issues arising after publication of The DA permit and the 408 land. CPRA is proposing to construct this notice that require emergency permissions are two separate processes the diversion intake through the levee action under section 305(c) of the with different authorities analyzed by on the west side of the Mississippi River Magnuson-Stevens Fishery different mission areas (including at approximately river mile 60.7, in Conservation and Management Act, Regulatory and Civil Works) inside the Plaquemines Parish, LA, and the provided the public has been notified of USACE. Under Section 404 of the CWA diversion outfall through the future the Council’s intent to take final action and Section 10 of the Rivers and NOV Hurricane Protection Levee into to address the emergency. Harbors Act, the District Engineer the Mid-Barataria Basin to allow permits the discharge of dredged or fill sediment laden water from the Special Accommodations material into waters of the United States Mississippi River to flow into the These meetings are physically as well as work, to include the Barataria Basin. accessible to people with disabilities. installation and maintenance of 3. Alternatives. The EIS will address Requests for sign language structures, in navigable waters of the an array of alternatives to re-establish a interpretation or other auxiliary aids U.S., if the discharge meets the connection between the Mississippi should be directed to Kathy Pereira at requirements of the Environmental River and the Basin. Some alternatives the Council Office (see ADDRESSES), at Protection Agency’s 404(b)(1) will be brought forward from existing least 5 working days prior to the guidelines, and the proposal is studies and projects including the meeting. determined to not be contrary to the Coastal Wetlands Planning, Protection and Restoration Act (CWPPRA) Note: The times and sequence specified in overall public interest. Under 33 U.S.C. this agenda are subject to change. 408, the Chief of Engineers grants Program, Louisiana Coastal Area (LCA) permission to alter, modify, or impair an Ecosystem Restoration Study, LCA Authority: 16 U.S.C. 1801 et seq. existing USACE project if it is not Medium Diversion at Myrtle Grove Dated: September 30, 2013. injurious to the public interest and does (MDMG) with Dedicated Dredging Feasibility Study, the State/Non- Tracey L. Thompson, not impair the usefulness of such work. governmental Organization (NGO) Acting Deputy Director, Office of Sustainable The project involves structural crossings of the Federal Mississippi River and Myrtle Grove Delta Building Diversion Fisheries, National Marine Fisheries Service. Modeling Effort in Support of LCA [FR Doc. 2013–24287 Filed 10–3–13; 8:45 am] Tributaries (MR&T) Levee and the future New Orleans to Venice (NOV) Hurricane Medium Diversion at Myrtle Grove with BILLING CODE 3510–22–P Protection Levee and could impact the Dedicated Dredging, the 2012 Louisiana Mississippi River Navigation Channel, Coastal Master Plan, and alternatives Davis Pond Freshwater Diversion as developed through the NEPA scoping DEPARTMENT OF DEFENSE well as other Federal projects. USACE process. 4. Scoping. Scoping is the process Regulatory and Civil Works will utilized for determining the range of Department of the Army; Corps of coordinate on all aspects of the alternatives and significant issues to be Engineers production of the EIS. addressed in the EIS. The USACE ADDRESSES: Written comments and Notice of Intent To Prepare an invites full public participation to suggestions should be addressed to Mr. Environmental Impact Statement: promote open communication on the Nathan Dayan at USACE, CEMVN– Department of the Army Permit issues surrounding the proposed action. PDN–CEP, P.O. Box 60267, New Application Pursuant to the Clean All individuals, organizations, NGOs, Orleans, LA 70118–0267, by phone Water Act and Rivers and Harbors Act and local, state, and Federal agencies (504) 862–2530, or by email at CEMVN- and Permissions Under the Coastal that have an interest are urged to [email protected]. Request Protection and Restoration Authority participate in the NEPA scoping to be placed on the mailing list should of Louisiana for the Mid-Barataria process. Public scoping meeting(s) will be mailed to this address. Sediment Diversion, Plaquemines be held to present information to the Parish, LA FOR FURTHER INFORMATION CONTACT: public and to receive comments from Questions on the DA permit should be the public. Public scoping meetings for AGENCY: Department of the Army, U.S. directed to: Mr. Robert Tewis by phone both processes will be conducted Army Corps of Engineers, DoD. (504) 862–2041 or at the email above. jointly. The dates, times and locations of ACTION: Notice of Intent. Questions on the 408 permissions the scoping meetings will be determined should be directed to: Mr. Nathan Dayan in conjunction with CPRA at a later date SUMMARY: The U.S. Army Corps of (see ADDRESSES) or at the email above. and announced through local media Engineers (USACE) intends to prepare SUPPLEMENTARY INFORMATION: channels as well as Regulatory public an Environmental Impact Statement 1. Authority: Section 14 of the Rivers notice Web site—http:// (EIS) to inform a decision relative to the and Harbors Act of 1899 (33 U.S.C. 408); www.mvn.usace.army.mil/Missions/ request for a Department of the Army Section 10 of the Rivers and Harbors Act Regulatory/PublicNotices.aspx. (DA) permit pursuant to Section 404 of of 1899 (33 U.S.C 403); Section 404 of 5. Significant issues. The EIS will the Clean Water Act (CWA) and Section the Clean Water Act (33 U.S.C. 1344); analyze the potential social, economic, 10 of the Rivers and Harbors Act, and and, Section 102 of the National and natural environmental impacts permissions under 33 U.S.C. Section Environmental Policy Act (42 U.S.C. resulting from the proposed project. 408, to the Coastal Protection and 4332). Important resources and issues that will Restoration Authority (CPRA) for their 2. Proposed Action. The USACE will be evaluated in the EIS could include proposed action on the Mid-Barataria prepare an EIS to analyze the impacts of but would not be limited to effects on Sediment Diversion (MBSD). The EIS diverting sediment-laden Mississippi tidal wetlands and other waters of the will be used to ensure compliance with River water into the Mid-Barataria Basin U.S.; aquatic resources; commercial and the National Environmental Policy Act by CPRA. This permit request is recreational fisheries; wildlife resources; (NEPA) and as a basis for both the proposed to re-establish a connection essential fish habitat; water quality; permit decision and the Section 408 between the Mississippi River and the cultural resources; geology and soils permissions. Basin to build, sustain, and maintain including agricultural and prime/unique

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farmland; hydrology and hydraulic; air Atlantic Coast Comprehensive Study sources. Please understand that not all quality; threatened and endangered (Hurricane Sandy). The USACE is data and sources provided may be species and critical habitat. preparing a report that will be submitted reflected in the draft analyses socialized Socioeconomic issues include to Congress in 2015. The goals of the in early 2014, but the resources will be navigation; induced flooding; land use; North Atlantic Coast Comprehensive incorporated into the final report. property values, tax revenues; Study authorized under the Disaster Brenda S. Bowen, population and housing, community Relief Appropriations Act, Public Law and regional growth; environmental 113–2 are to (1) provide risk reduction Army Federal Register Liaison Officer. justice (effect on minorities and low strategies to reduce risk to which [FR Doc. 2013–24237 Filed 10–3–13; 8:45 am] income populations), community vulnerable coastal populations are BILLING CODE 3720–58–P cohesion; public services, recreation, subject, and (2) promote coastal resilient transportation and traffic, utilities and communities to ensure a sustainable community service systems and and robust coastal landscape system, ENVIRONMENTAL PROTECTION cumulative effects of related projects in considering future sea level rise and AGENCY the study area. climate change scenarios, to reduce risk [ER–FRL–9011–5] 6. Environmental Consultation and to vulnerable population, property, Review. The U.S. Fish and Wildlife infrastructure and ecosystems. Environmental Impacts Statements; Service (Service) will assist in DATES: The USACE will accept data and Notice of Availability documenting existing conditions and literature in response to this request assessing effects of project alternatives until December 31, 2013. Responsible Agency: Office of Federal Activities, General Information (202) through the Fish and Wildlife ADDRESSES: Methods for submission Coordination Act consultation include: Email: Send information by 564–7146 or http://www.epa.gov/ procedures. Consultation will be electronic mail to: NACCS@ compliance/nepa/. accomplished with the USFWS and the usace.army.mil. Please include your Weekly receipt of Environmental Impact National Marine Fisheries Service name and contact information in the Statements (NMFS) concerning threatened and body of your email. Fax: Fax Filed 09/23/2013 through 09/27/2013 endangered species and their critical information to: (410–962–4698), ATTN: Pursuant to 40 CFR 1506.9. habitat per the Endangered Species Act. Mr. David Robbins. Mail: Send Notice The NMFS will be consulted regarding information by mail to: Mr. David the effects of this proposed action on Robbins, U.S. Army Corps of Engineers, Section 309(a) of the Clean Air Act Essential Fish Habitat per the 10 South Howard Street Baltimore requires that EPA make public its Magnuson-Stevens Act. The USACE Maryland 21201, ATTN: North Atlantic comments on EISs issued by other will consult with the State Historic Coast Comprehensive Study. Federal agencies. EPA’s comment letters Preservation Officer per the National Electronic files should avoid the use on EISs are available at: http:// Historic Preservation Act. of special characters, any form of www.epa.gov/compliance/nepa/ 7. Availability. The draft EIS is encryption, and be free of any defects or eisdata.html. estimated to be available for public viruses. Information on a CD ROM EIS No. 20130287, Final EIS, USFS, ID, review and comment no sooner than the should be formatted as a MS Word, Rich Idaho Panhandle National Forests, spring of 2015. At that time a 45-day Text, or Adobe Acrobat PDF file. Revised Land Management Plan, public review period will be provided FOR FURTHER INFORMATION CONTACT: For Review Period Ends: 11/26/2013, for individuals and agencies to review further information, please contact: Mr. Contact: Mary Farnsworth 208–765– and comment on the DEIS. All David Robbins, Project Manager, at 7223. interested parties are encouraged to [email protected], or by The above document was respond to this notice and provide a telephone at (410) 962–0685. inadvertently omitted from EPA’s current address if they wish to be SUPPLEMENTARY INFORMATION: The Federal Register Notice Published 09/ notified of the DEIS circulation. Congressional response to the 27/2013. The review/wait period will Dated: September 26, 2013. devastation in the wake of Hurricane start 09/27/2013 and end 11/26/2013. Richard L. Hansen, Sandy included a mandate to address as EIS No. 20130288, Final EIS, USACE, Colonel, U.S. Army District Commander. a regional system the vulnerability of TX, Luce Bayou Interbasin Transfer [FR Doc. 2013–24234 Filed 10–3–13; 8:45 am] populations at risk in the U.S. Army Project, Review Period Ends: 11/04/ BILLING CODE 3720–58–P Corps of Engineers (USACE) North 2013, Contact: Jayson Hudson 409– Atlantic Division. The draft analyses of 766–3108. the Comprehensive Study will be EIS No. 20130289, Draft EIS, USACE, DEPARTMENT OF DEFENSE coordinated amongst interagency CA, Los Angeles River Ecosystem stakeholders in early 2014 and a report Restoration Integrated Feasibility Department of the Army; Corps of will be submitted to Congress in 2015. Report, Comment Period Ends: 11/18/ Engineers The USACE would appreciate 2013, Contact: Erin Jones 213–300– receiving information from the public to 9723. North Atlantic Coast Comprehensive facilitate the preparation of the Study. EIS No. 20130290, Draft EIS, NPS, CA, Study The USACE prefers information which Restoration of Native Species in High AGENCY: Department of the Army, U.S. has been peer reviewed. Interested Elevation Aquatic Ecosystems Plan, Army Corps of Engineers, DoD. persons may provide scientific analyses, Sequoia and Kings Canyon National ACTION: Notice. studies, and other pertinent scientific Parks, Comment Period Ends: 11/25/ information, preferably information 2013, Contact: Woodrow Smeck 559– SUMMARY: The U.S. Army Corps of which has undergone scientific peer 565–3101. Engineers (USACE) is requesting peer review. The USACE will consider all EIS No. 20130291, Final EIS, BOEM, 00, reviewed information that would be submissions but will give preference to Gulf of Mexico OCS Oil and Gas Lease useful in the preparation of the North all peer reviewed data and literature Sales: 2014 and 2016; Eastern

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Planning Area Lease Sales 225 and 2013, Contact: Jennifer Montoya 575– Board of Governors of the Federal Reserve 226, Review Period Ends: 11/04/2013, 525–4316. Revision to FR Notice System, September 30, 2013. Contact: Gary Goeke 504–736–3233. Published 04/12/2013; Extending Margaret McCloskey Shanks, EIS No. 20130292, Final Supplement, Comment Period from 07/11/2013 to Deputy Secretary of the Board. DOE, NM, Long-Term Management 10/15/2013. [FR Doc. 2013–24326 Filed 10–3–13; 8:45 am] and Storage of Elemental Mercury, Dated: September 30, 2013. Review Period Ends: 11/04/2013, BILLING CODE 6210–01–P Contact: David Levenstein 301–903– Cliff Rader, Director, NEPA Compliance Division, Office 6500. FEDERAL RESERVE SYSTEM EIS No. 20130293, Final EIS, BLM, ID, of Federal Activities. Jump Creek, Succor Creek, and Cow [FR Doc. 2013–24315 Filed 10–3–13; 8:45 am] Notice of Proposals To Engage in or Creek Watersheds Grazing Permit BILLING CODE 6560–50–P To Acquire Companies Engaged in Renewal, Review Period Ends: 11/04/ Permissible Nonbanking Activities 2013, Contact: Jake Vialpando 208– 373–3814. The companies listed in this notice EIS No. 20130294, Final EIS, USACE, FEDERAL RESERVE SYSTEM have given notice under section 4 of the MA, South Coast Rail Project, Review Bank Holding Company Act (12 U.S.C. Period Ends: 11/04/2013, Contact: Formations of, Acquisitions by, and 1843) (BHC Act) and Regulation Y, (12 Alan R. Anacheka-Nasemann 978– Mergers of Bank Holding Companies 318–8214. CFR part 225) to engage de novo, or to EIS No. 20130295, Final EIS, USAF, UT, The companies listed in this notice acquire or control voting securities or United States Air Force F–35A have applied to the Board for approval, assets of a company, including the Operational Basing, Review Period pursuant to the Bank Holding Company companies listed below, that engages Ends: 11/04/2013, Contact: Nicholas Act of 1956 (12 U.S.C. 1841 et seq.) either directly or through a subsidiary or Germanos 757–764–5007. (BHC Act), Regulation Y (12 CFR part other company, in a nonbanking activity EIS No. 20130296, Final EIS, AFS, WY, 225), and all other applicable statutes that is listed in § 225.28 of Regulation Y Sherman Cattle and Horse Allotment and regulations to become a bank (12 CFR 225.28) or that the Board has Grazing Authorization and holding company and/or to acquire the determined by Order to be closely Management Project, Review Period assets or the ownership of, control of, or related to banking and permissible for Ends: 11/15/2013, Contact: Chad the power to vote shares of a bank or bank holding companies. Unless Hayward 307–276–5817. bank holding company and all of the otherwise noted, these activities will be EIS No. 20130297, Draft EIS, USACE, banks and nonbanking companies conducted throughout the United States. LA, Calcasieu Lock Louisiana owned by the bank holding company, Each notice is available for inspection Feasibility Study, Comment Period including the companies listed below. at the Federal Reserve Bank indicated. Ends: 11/18/2013, Contact: Timothy The applications listed below, as well The notice also will be available for K. George 314–331–8459. as other related filings required by the EIS No. 20130298, Final EIS, NRCS, AR, inspection at the offices of the Board of Board, are available for immediate Governors. Interested persons may ADOPTION—Bayou Meto Basin, inspection at the Federal Reserve Bank Arkansas General Reevaluation express their views in writing on the indicated. The applications will also be question whether the proposal complies Project, Contact: Charlotte Bowie available for inspection at the offices of 501–301–3148. with the standards of section 4 of the the Board of Governors. Interested BHC Act. The U.S. Department of Agriculture’s persons may express their views in Natural Resources Conservation Service writing on the standards enumerated in Unless otherwise noted, comments (NRCS) has adopted the U.S. Army the BHC Act (12 U.S.C. 1842(c)). If the regarding the applications must be Corps of Engineers’ FEIS #20060499, proposal also involves the acquisition of received at the Reserve Bank indicated filed 11/30/2006. The NRCS was a a nonbanking company, the review also or the offices of the Board of Governors cooperating agency. Recirculation of the includes whether the acquisition of the not later than October 28, 2013. document is not necessary under nonbanking company complies with the A. Federal Reserve Bank of St. Louis Section 1506.3(b) of the Council of standards in section 4 of the BHC Act (Yvonne Sparks, Community Environmental Quality Regulations. (12 U.S.C. 1843). Unless otherwise Development Officer) P.O. Box 442, St. EIS No. 20130299, Final EIS, NRCS, AR, noted, nonbanking activities will be Louis, Missouri 63166–2034: ADOPTION—Grand Prairie Area conducted throughout the United States. 1. Midland States Bancorp, Inc., Demonstration Project, Contact: Unless otherwise noted, comments Charlotte Bowie 501–301–3148. Effingham, Illinois; to acquire 100 regarding each of these applications percent of the voting shares of Heartland The U.S. Department of Agriculture’s must be received at the Reserve Bank Natural Resources Conservation Service Bank, St. Louis, Missouri, and thereby indicated or the offices of the Board of engage in operating a savings (NRCS) has adopted the U.S. Army Governors not later than October 28, association, pursuant to section Corps of Engineers’ FEIS #19990465, 2013. filed 12/08/1999. The NRCS was a 225.28(b)(4)(ii). A. Federal Reserve Bank of Dallas (E. cooperating agency. Recirculation of the Board of Governors of the Federal Reserve document is not necessary under Ann Worthy, Vice President) 2200 North Pearl Street, Dallas, Texas 75201– System, September 30, 2013. Section 1506.3(b) of the Council of Margaret McCloskey Shanks, Environmental Quality Regulations. 2272: 1. Independent Bank Group, Inc., Deputy Secretary of the Board. Amended Notices McKinney, Texas; to merge with Live [FR Doc. 2013–24325 Filed 10–3–13; 8:45 am] EIS No. 20130087, Draft EIS, BLM, NM, Oak Financial Corp., and thereby BILLING CODE 6210–01–P TriCounty Resource Management indirectly acquire Live Oak State Bank, Plan, Comment Period Ends: 10/15/ both in Dallas, Texas.

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DEPARTMENT OF HEALTH AND 2. Email your request, including your this collection contact Michelle Tucker HUMAN SERVICES address, phone number, OMB number, at 410–786–0736.) and CMS document identifier, to 2. Type of Information Collection Centers for Medicare & Medicaid [email protected]. Request: Extension of a currently Services 3. Call the Reports Clearance Office at approved collection; Title of (410) 786–1326. Information Collection: End Stage Renal [Document Identifiers: CMS–2746, CMS– FOR FURTHER INFORMATION CONTACT: Disease Medical Evidence Report 2728, CMS–P–0015A, CMS–43, CMS–10137, Reports Clearance Office at (410) 786– Medicare Entitlement and/or Patient CMS–10156, CMS–10170, CMS–10237, 1326. Registration; Use: The End Stage Renal CMS–10261, CMS–10326, and CMS–10493] Disease (ESRD) Medical Evidence SUPPLEMENTARY INFORMATION: Under the Report is completed for all ESRD Agency Information Collection Paperwork Reduction Act of 1995 (PRA) patients either by the first treatment Activities: Submission for OMB (44 U.S.C. 3501–3520), federal Agencies facility or by a Medicare-approved Review; Comment Request must obtain approval from the Office of ESRD facility when it is determined by Management and Budget (OMB) for each a physician that the patient’s condition ACTION: Notice. collection of information they conduct has reached that stage of renal or sponsor. The term ‘‘collection of SUMMARY: The Centers for Medicare & impairment that a regular course of information’’ is defined in 44 U.S.C. Medicaid Services (CMS) is announcing kidney dialysis or a kidney transplant is 3502(3) and 5 CFR 1320.3(c) and an opportunity for the public to necessary to maintain life. The data includes agency requests or comment on CMS’ intention to collect reported on the CMS–2728 is used by requirements that members of the public information from the public. Under the the Federal government, ESRD submit reports, keep records, or provide Paperwork Reduction Act of 1995 Networks, treatment facilities, information to a third party. Section (PRA), federal agencies are required to researchers and others to monitor and 3506(c)(2)(A) of the PRA (44 U.S.C. publish notice in the Federal Register assess the quality and type of care 3506(c)(2)(A)) requires federal agencies concerning each proposed collection of provided to end stage renal disease to publish a 30-day notice in the information, including each proposed beneficiaries. The data collection Federal Register concerning each extension or reinstatement of an existing captures the specific medical proposed collection of information, collection of information, and to allow information required to determine the including each proposed extension or a second opportunity for public Medicare medical eligibility of End reinstatement of an existing collection comment on the notice. Interested Stage Renal Disease claimants. Form of information, before submitting the persons are invited to send comments Number: CMS–2728 (OCN: 0938–0046); collection to OMB for approval. To regarding the burden estimate or any Frequency: Occasionally; Affected comply with this requirement, CMS is other aspect of this collection of Public: Individuals or households; publishing this notice that summarizes information, including any of the Number of Respondents: 130,000; Total the following proposed collection(s) of following subjects: (1) The necessity and Annual Responses: 130,000; Total information for public comment: Annual Hours: 97,500. (For policy utility of the proposed information 1. Type of Information Collection collection for the proper performance of questions regarding this collection Request: Revision of a previously contact Michelle Tucker at 410–786– the agency’s functions; (2) the accuracy approved collection; Title of of the estimated burden; (3) ways to 0736.) Information Collection: End Stage Renal 3. Type of Information Collection enhance the quality, utility, and clarity Disease Death Notification; Use: The of the information to be collected; and Request: Extension of a currently End Stage Renal Disease (ESRD) Death approved collection; Title of (4) the use of automated collection Notification (CMS–2746) is completed techniques or other forms of information Information Collection: Medicare by all Medicare-approved ESRD Current Beneficiary Survey; Use: We are technology to minimize the information facilities upon the death of an ESRD collection burden. the largest single payer of health care in patient. Its primary purpose is to collect the United States. With full DATES: Comments on the collection(s) of fact of death and cause of death of ESRD implementation of the Affordable Care information must be received by the patients. Certain other identifying Act of 2010 (ACA), the agency will play OMB desk officer by November 4, 2013. information (e.g., name, Medicare claim a direct or indirect role in administering ADDRESSES: When commenting on the number, and date of birth) is required health insurance coverage for more than proposed information collections, for matching purposes. federal 120 million people across the Medicare, please reference the document identifier regulations require that the ESRD Medicaid, CHIP, and Exchange or OMB control number. To be assured Networks examine the mortality rates of populations. One of our critical aims is consideration, comments and every Medicare-approved facility within to be an effective steward, major force, recommendations must be received by its area of responsibility. The death form and trustworthy partner in leading the the OMB desk officer via one of the provides the necessary data to assist the transformation of the health care following transmissions: OMB, Office of ESRD Networks in making decisions system. We also aim to provide Information and Regulatory Affairs, that result in improved patient care and Americans with high quality care and Attention: CMS Desk Officer, Fax in cost-effective distribution of ESRD better health at lower costs through Number: (202) 395–6974 OR Email: resources. The data is used by the ESRD improvement. At the forefront of these [email protected]. Networks to verify facility deaths and to initiatives is the newly formed Center To obtain copies of a supporting monitor facility performance. Form for Medicare and Medicaid Innovation statement and any related forms for the Number: CMS–2746 (OCN: 0938–0448); (CMMI). proposed collection(s) summarized in Frequency: On occasion; Affected The CMMI is authorized by Section this notice, you may make your request Public: Business or other for-profit and 1115A of the Social Security Act, as using one of following: Not-for-profit institutions; Number of established by section 3021 of the ACA 1. Access CMS’ Web site address at Respondents: 5,964; Total Annual and was established to ‘‘test innovative http://www.cms.hhs.gov/ Responses: 75,000; Total Annual Hours: payment and service delivery models to PaperworkReductionActof1995. 37,500. (For policy questions regarding reduce program expenditures . . . while

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preserving or enhancing the quality of Renal Disease; Use: The CMS–43 plan sponsors must submit a complete care furnished’’ to Medicare, Medicaid application is used (in conjunction with application with a list of retirees for and CHIP beneficiaries. Implicit across CMS–2728) to establish entitlement to, whom it intends to collect the subsidy. all of CMMI activities is an emphasis on and enrollment in, Medicare Part A (and Once we review and analyze the diffusion—finding and validating Part B) for individuals with end stage information on the application and the innovative models that have the renal disease. The application is retiree list, notification will be sent to potential to scale, facilitating rapid completed by a Social Security the plan sponsor about its eligibility to adoption, and letting them take root in Administration (SSA) claims participate in the RDS program. Form organizations, health systems, and representative or field representative Number: CMS–10156 (OCN: 0938– communities across America. using information provided by the 0957); Frequency: Yearly and monthly; The Medicare Current Beneficiary individual during an interview. The Affected Public: Business or other for- Survey (MCBS) is the most CMS–43 application follows the profits and Not-for-profit institutions; comprehensive and complete survey questions and requirements used by Number of Respondents: 4,500; Total available on the Medicare population SSA to determine Title II eligibility. Annual Responses: 4,500; Total Annual and is essential in capturing data not This is done not only for consistency Hours: 288,000. (For policy questions otherwise collected through our purposes, but because certain Title II regarding this collection contact John operations. The MCBS is an in-person, and Title XVIII insured status and W. Campbell at 410–786–0542.) nationally-representative, longitudinal relationship requirements must be met 7. Type of Information Collection survey of Medicare beneficiaries that we in order to qualify for Medicare under Request: Reinstatement without change sponsor and is directed by the Office of the end stage renal disease provisions. of a previously approved collection; Information Products and Data Form Number: CMS–43 (OCN: 0938– Title of Information Collection: Retiree Analytics (OIPDA) in partnership with 0800); Frequency: Once; Affected Drug Subsidy (RDS) Payment Request the CMMI. The survey captures Public: Individuals or households; and Instructions; Use: Under section beneficiary information whether aged or Number of Respondents: 60,000; Total 1860D–22 of the Social Security Act and disabled, living in the community or Annual Responses: 60,000; Total implementing regulations at 42 CFR part facility, or serviced by managed care or Annual Hours: 24,960. (For policy 423 subpart R, plan sponsors (e.g., fee-for-service. Data produced as part of questions regarding this collection employers, unions) who offer the MCBS are enhanced with our contact Lindsay Smith at 410–786– prescription drug coverage meeting administrative data (e.g. fee-for-service 6843.) specified criteria to their qualified claims, prescription drug event data, 5. Type of Information Collection covered retirees are eligible to receive a enrollment, etc.) to provide users with Request: Revision of a currently 28 percent tax-free subsidy for allowable more accurate and complete estimates of approved collection; Title of drug costs. Plan sponsors must submit total health care costs and utilization. Information Collection: Solicitation for required prescription drug cost data and The MCBS has been continuously Applications for Medicare Prescription other information in order to receive the fielded for more than 20 years Drug Plan 2015 Contracts; Use: The subsidy. Subpart R stipulates that plan (encompassing over 1 million information will be collected under the sponsors may elect to submit RDS interviews), and consists of three annual solicitation of proposals from payment requests on a monthly, interviews per survey participant. prescription drug plans, Medicare quarterly, interim annual, or annual The MCBS continues to provide Advantage (MA) plans that offer basis; once selected, the payment unique insight into the Medicare integrated prescription drug and health frequency may not be changed during program and helps both us and our care coverage, Cost Plans, PACE, and the plan year. Form Number: CMS– external stakeholders better understand EGWP applicants. We will use the 10170 (OCN: 0938–0977); Frequency: and evaluate the impact of existing information collected to ensure that Occasionally; Affected Public: Business programs and significant new policy applicants meet our requirements and to or other for-profits and Not-for-profit initiatives. In the past, MCBS data have support the determination of contract institutions; Number of Respondents: been used to assess potential changes to awards. Form Number: CMS–10137 4,500; Total Annual Responses: 4,500; the Medicare program. For example, the (OCN: 0938–0936); Frequency: Yearly; Total Annual Hours: 679,500. (For MCBS was instrumental in supporting Affected Public: Business or other for- policy questions regarding this the development and implementation of profits and Not-for-profits institutions; collection contact John W. Campbell at the Medicare prescription drug benefit Number of Respondents: 254; Total 410–786–0542.) by providing a means to evaluate Annual Responses: 254; Total Annual 8. Type of Information Collection prescription drug costs and out-of- Hours: 2,319. (For policy questions Request: Revision of a currently pocket burden for these drugs to regarding this collection contact Linda approved collection; Title of Medicare beneficiaries. Form Number: Anders at 410–786–0459.) Information Collection: Part C— CMS–P–0015A (OCN: 0938–0568); 6. Type of Information Collection Medicare Advantage and 1876 Cost Plan Frequency: Occasionally; Affected Request: Reinstatement without change Expansion Application; Use: Public: Business or other for-profits and of a previously approved collection; Organizations wishing to provide Not-for-profit institutions; Number of Title of Information Collection: Retiree healthcare services under Medicare Respondents: 16,550; Total Annual Drug Subsidy (RDS) Applications and Advantage (MA), MA–PD or both that Responses: 49,650; Total Annual Hours: Instructions; Use: Under the Medicare offer integrated prescription drug and 58,450 (For policy questions regarding Prescription Drug, Improvement, and health care products must complete an this collection contact William Long at Modernization Act of 2003 and application, file a bid, and receive final 410–786–7927.) implementing regulations at 42 CFR part approval from us. Existing MA plans 4. Type of Information Collection 423, subpart R plan sponsors (e.g., may request to expand their contracted Request: Reinstatement without change employers, unions) who offer service area by completing the Service of a previously approved collection; prescription drug coverage to their Area Expansion application. Any Title of Information Collection: qualified covered retirees are eligible to current 1876 Cost Plan Contractor that Application for Hospital Insurance receive a 28 percent tax-free subsidy for wants to expand its Medicare cost-based Benefits for Individuals with End Stage allowable drug costs. In order to qualify, contract with us can complete the

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application. Information is collected to 11. Type of Information Collection SUMMARY: The Centers for Medicare & ensure applicant compliance with our Request: New collection (request for a Medicaid Services (CMS) is announcing requirements and to gather data used to new OMB control number); Title of an opportunity for the public to support its determination of contract Information Collection: Nationwide comment on CMS’ intention to collect awards. Form Number: CMS–10237 Consumer Assessment of Healthcare information from the public. Under the (OCN 0938–0935); Frequency: Yearly; Providers and Systems (DCAHPS) Paperwork Reduction Act of 1995 (the Affected Public: Business or other for- Survey for Adults in Medicaid; Use: The PRA), federal agencies are required to profits and Not-for-profits institutions; goal of the survey is to obtain national publish notice in the Federal Register Number of Respondents: 566; Total and state-by-state estimates of adult concerning each proposed collection of Annual Responses: 566; Total Annual Medicaid beneficiaries’ access and information (including each proposed Hours: 22,955. (For policy questions experiences and satisfaction with care extension or reinstatement of an existing regarding this collection contact Melissa across different financing and delivery collection of information) and to allow Staud at 410–786–3669.) models (e.g., managed care and fee-for- 60 days for public comment on the 9. Type of Information Collection service) and population groups (e.g., proposed action. Interested persons are Request: Revision of a currently beneficiaries with physical, mental or invited to send comments regarding our approved collection; Title of both physical and mental disabilities, burden estimates or any other aspect of Information Collection: Part C Medicare dually eligible beneficiaries, all other this collection of information, including Advantage Reporting Requirements and beneficiaries). The survey will serve as any of the following subjects: (1) The Supporting Regulations; Use: There are baseline information on the experiences necessity and utility of the proposed a number of information users of Part C of low-income adults during the early information collection for the proper reporting data, including our central stages of implementation of the performance of the agency’s functions; and regional office staff that use this Affordable Care Act provision that (2) the accuracy of the estimated information to monitor health plans and permits states to expand eligibility to burden; (3) ways to enhance the quality, to hold them accountable for their adults with income below 138 percent utility, and clarity of the information to performance, researchers, and other of the Federal poverty level who were be collected; and (4) the use of government agencies such as the not previously eligible. Along with automated collection techniques or Government Accounting Office. Health states, we can use the survey other forms of information technology to plans can use this information to information as one indicator of the minimize the information collection measure and benchmark their quality of care within and across states. burden. performance. We intend to make some It also will be used to assist us along of these data available for public DATES: Comments must be received by with the states in efforts to provide December 3, 2013: reporting as ‘‘display measures’’ in better care and more affordable care to ADDRESSES: When commenting, please 2013. Form Number: CMS–10261 (OCN: Medicaid beneficiaries. Form Number: reference the document identifier or 0938–1054); Frequency: Yearly and CMS–10493 (OCN: 0938–New); OMB control number (OCN). To be semi-annually; Affected Public: Frequency: Once; Affected Public: assured consideration, comments and Business or other for-profits; Number of Individuals and households; Number of recommendations must be submitted in Respondents: 588; Total Annual Respondents: 1,500,000; Total Annual any one of the following ways: Responses: 6,715; Total Annual Hours: Responses: 510,000; Total Annual 1. Electronically. You may send your 174,785. (For policy questions regarding Hours: 170,000. (For policy questions this collection contact Terry Lied at comments electronically to http:// regarding this collection contact Marsha 410–786–8973.) www.regulations.gov. Follow the Lillie-Blanton at 410–786–8856.) 10. Type of Information Collection instructions for ‘‘Comment or Request: Extension of a currently Dated: September 30, 2013. Submission’’ or ‘‘More Search Options’’ approved collection; Title of Martique Jones, to find the information collection Information Collection: Electronic Deputy Director, Regulations Development document(s) that are accepting Submission of Medicare Graduate Group, Office of Strategic Operations and comments. Medical Education (GME) Affiliation Regulatory Affairs. 2. By regular mail. You may mail Agreements; Use: We use the [FR Doc. 2013–24219 Filed 10–3–13; 8:45 am] written comments to the following information contained in electronic BILLING CODE 4120–01–P address: CMS, Office of Strategic affiliation agreements as documentation Operations and Regulatory Affairs, of the existence of Medicare GME Division of Regulations Development, affiliations, and to verify that the DEPARTMENT OF HEALTH AND Attention: Document Identifier/OMB affiliations being formed by teaching HUMAN SERVICES Control Number lll, Room C4–26– hospitals for the purposes of sharing 05, 7500 Security Boulevard, Baltimore, their Medicare Graduate Medical Centers for Medicare & Medicaid Maryland 21244–1850. Education FTE cap slots are valid Services To obtain copies of a supporting according to our regulations. The [Document Identifiers: CMS–37, CMS–64, statement and any related forms for the affiliation agreements are also used as CMS–10052, CMS–10141, CMS–10142, proposed collection(s) summarized in reference materials when potential CMS–10227, CMS–10311, CMS–10344, this notice, you may make your request issues involving specific affiliations CMS–10500, CMS–R–26, CMS–R–138, CMS– using one of following: arise. Form Number: CMS–10326 (OCN: R–244, and CMS–R–308] 1. Access CMS’ Web site address at 0938–1111); Frequency: Yearly; Affected http://www.cms.hhs.gov/ Public: Business or other for-profits and Agency Information Collection PaperworkReductionActof1995. Not-for-profit institutions; Number of Activities: Proposed Collection; 2. Email your request, including your Respondents: 125; Total Annual Comment Request address, phone number, OMB number, Responses: 125; Total Annual Hours: AGENCY: Centers for Medicare & and CMS document identifier, to 166. (For policy questions regarding this Medicaid Services, HHS. [email protected]. collection contact Tzvi Hefter at 410– 3. Call the Reports Clearance Office at ACTION: Notice. 786–0614.) (410) 786–1326.

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FOR FURTHER INFORMATION CONTACT: Information Collections provide for State reporting of waiver Reports Clearance Office at (410) 786– 1. Type of Information Collection expenditures, ensure that the federally- 1326 Request: Extension of a currently established limit is not exceeded for SUPPLEMENTARY INFORMATION: approved collection; Title of HCBS waivers, and to allow for the Information Collection: Medicaid implementation of the Assignment of Contents Program Budget Report; Use: We require Rights and Part A and Part B Premium This notice sets out a summary of the that each State Medicaid agency (i.e., accounting for overdue Part A and use and burden associated with the quarterly submit the Form CMS–37 via Part B Premiums under State buy-in following information collections. More the web-based Medicaid and State agreements)—Billing Offsets. Form detailed information can be found in Children’s Health Insurance Program Number: CMS–64 (OCN: 0938–0067); each collection’s supporting statement Budget and Expenditure System (MBES/ Frequency: Quarterly; Affected Public: and associated materials (see CBES). Due dates are November 15, State, Local, or Tribal Governments; ADDRESSES). February 15, May 15 and August 15 of Number of Respondents: 56; Total Annual Responses: 224; Total Annual CMS–37 Medicaid Program Budget Report each fiscal year. The addendum CMS–64 Medicaid Program Budget Report provides a description of forms Hours: 16,464. (For policy questions CMS–10052 Recognition of Pass-Through contained in this package. All regarding this collection contact Payment for Additional (New) Categories submissions represent equally Abraham John at 410–786–4519). 3. Type of Information Collection of Devices Under the Outpatient important components of the grant Prospective Payment System and Request: Extension without change of a award cycle, but the May and November Supporting Regulations currently approved collection; Title of CMS–10141 Medicare Prescription Drug submissions are particularly significant Information Collection: Recognition of Benefit Program for budget formulation. The November Pass-Through Payment for Additional CMS–10142 Bid Pricing Tool (BPT) for submission introduces a new fiscal year (New) Categories of Devices Under the Medicare Advantage (MA) Plans and to the budget cycle and serves as the Prescription Drug Plans (PDP) Outpatient Prospective Payment System basis for the formulation of the and Supporting Regulations; Use: CMS–10227 PACE State Plan Amendment Medicaid portion of the President’s Preprint Interested parties such as hospitals, CMS–10311 Medicare Program/Home Budget, which is presented to Congress device manufacturers, pharmaceutical Health Prospective Payment System Rate in January. The February and August companies, and physicians apply for Update for Calendar Year 2010: submissions are used primarily for transitional pass-through payment for Physician Narrative Requirement and budget execution in providing interim certain items used with services covered Supporting Regulation updates to CMS’ Office of Financial CMS–10344 Elimination of Cost-Sharing for in the outpatient prospective payment Management, the Department of Health system (PPS). After we receive all full benefit dual-eligible Individuals and Human Services, the Office of Receiving Home and Community-Based requested information, we evaluate the Services Management and Budget and Congress information to determine if the creation CMS–10500 Outpatient and Ambulatory depending on the scheduling of the of an additional category of medical Surgery Experience of Care Survey national budget review process in a devices for transitional pass-through CMS–R–26 Clinical Laboratory given fiscal year. These submissions payments is justified. We may request Improvement Amendments (CLIA) provide us with base information additional information related to the Regulations necessary to track current year CMS–R–138 Medicare Geographic proposed new device category, as obligations and expenditures in relation needed. We advise the applicant of our Classification Review Board (MGCRB) to the current year appropriation and to Procedures and Supporting Regulations decision, and update the outpatient PPS CMS–R–244 Programs for All-inclusive notify senior managers of any during its next scheduled quarterly Care of the Elderly (PACE) and impending surpluses or deficits; Form payment update cycle to reflect any Supporting Regulations Number: CMS–37 (OCN: 0938–0101); newly approved device categories. We CMS–R–308 State Children’s Health Frequency: Quarterly; Affected Public: list below the information that we Insurance Program and Supporting State, Local, or Tribal Governments; require from all applicants. Form Regulations Number of Respondents: 56; Total Number: CMS–10052 (OCN: 0938– Under the PRA (44 U.S.C. 3501– Annual Responses: 224; Total Annual 0857); Frequency: Once; Affected 3520), federal agencies must obtain Hours: 7,616 (For policy questions Public: Business or other for-profits; approval from the Office of Management regarding this collection contact Number of Respondents: 10; Total and Budget (OMB) for each collection of Abraham John at 410–786–4519). Annual Responses: 10; Total Annual information they conduct or sponsor. 2. Type of Information Collection Hours: 160. (For policy questions The term ‘‘collection of information’’ is Request: Extension of a currently regarding this collection contact Barry defined in 44 U.S.C. 3502(3) and 5 CFR approved collection; Title of Levi at 410–786–4529). 1320.3(c) and includes agency requests Information Collection: Medicaid 4. Type of Information Collection or requirements that members of the Program Budget Report; Use: Section Request: Revision of a currently public submit reports, keep records, or 1903 of the Social Security Act provides approved collection; Title of provide information to a third party. the authority for collecting this Information Collection: Medicare Section 3506(c)(2)(A) of the PRA information. States are required to Prescription Drug Benefit Program; Use: requires federal agencies to publish a submit the form CMS–64 quarterly to us Part D plans use the information to 60-day notice in the Federal Register no later than 30 days after the end of the comply with the eligibility and concerning each proposed collection of quarter being reported. These associated Part D participating information, including each proposed submissions provide us with the requirements. We use the information to extension or reinstatement of an existing information necessary to issue the approve contract applications, monitor collection of information, before quarterly grant awards, monitor current compliance with contract requirements, submitting the collection to OMB for year expenditure levels, determine the make proper payment to plans, and to approval. To comply with this allow ability of State claims for ensure that correct information is requirement, CMS is publishing this reimbursement, develop Medicaid disclosed to potential and current notice. financial management information enrollees. Form Number: CMS–10141

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(OCN: 0938–0964); Frequency: approved collection; Title of regarding this collection contact Occasionally; Affected Public: Information Collection: Medicare Katherine Pokrzywa at 410–786–5530). Individuals or households, Business or Program—Home Health Prospective 9. Type of Information Collection other for-profits and Not-for-profit Payment System Rate Update for Request: New collection (Request for a institutions, and State, Local, or Tribal Calendar Year 2010: Physician Narrative new control number); Title of Governments; Number of Respondents: Requirement and Supporting Information Collection: Outpatient and 4,100,953; Total Annual Responses: Regulation; Use: The conditions of Ambulatory Surgery Experience of Care 26,301,339; Total Annual Hours: participation and accompanying Survey; Use: We will use the 7,572,243. (For policy questions requirements specified in the information collected through the field regarding this collection contact regulations are used by Federal or state test to inform the development of a Deborah Larwood at 410–786–9500). surveyors as a basis for determining larger national survey effort, including 5. Type of Information Collection whether a home health agency qualifies development of the final survey Request: Revision of a currently for approval or re-approval under instrument and data collection approved collection; Title of Medicare. The Physician’s certification procedures. Looking toward the survey Information Collection: Bid Pricing Tool and recertification of each patient’s development specifically, the data (BPT) for Medicare Advantage (MA) need for skilled care services; collected in this survey effort will be Plans and Prescription Drug Plans homebound status and the physician’s used to conduct a rigorous psychometric (PDP); Use: We require Medicare clinical justification for skilled nursing analysis of the survey content. The goal Advantage organizations (MAOs) and management and evaluation of the care of such an analysis is to assess the prescription drug plans (PDPs) to plan specified in the regulations at 42 measurement properties of the proposed complete the BPT as part of the annual CFR 424.22 are to be used by contractors instrument and sub-domain composites bidding process. During this process, and by us when reviewing the patient’s created from item subsets, to assure the organizations prepare their proposed medical record as a basis for information reported from any future actuarial bid pricing for the upcoming determining whether the patient is administrations of the survey is well- contract year and submit them to us for eligible for the Medicare home health defined. Such careful definition will review and approval. The purpose of the benefit and whether the medical record prevent data distortion or BPT is to collect the actuarial pricing meets the criteria for coverage and misinformation if they are publicly information for each plan. The BPT Medicare payment. We, along with the reported. Data collection procedures calculates the plan’s bid, enrollee healthcare industry believe that the will also be fine-tuned during this field premiums, and payment rates. We availability to the home health agency of test. Form Number: CMS–10500 (OCN: publish beneficiary premium the type of records and general content 0938-New); Frequency: Once; Affected information using a variety of formats of records, which this regulation Public: Individuals and households; (www.medicare.gov, the Medicare & You specifies, is standard medical practice, Number of Respondents: 2,304; Total handbook, Summary of Benefits and is necessary in order to ensure the Annual Responses: 2,304; Total Annual marketing information) for the purpose well-being and safety of patients and Hours: 384. (For policy questions of beneficiary education and professional treatment accountability. regarding this collection contact Caren enrollment. Form Number: CMS–10142 Form Number: CMS–10311 (OCN: Ginsberg at 410–786–0713). (OCN–0938–0944); Frequency: Yearly; 0938–1083; Frequency: Occasionally; 10. Type of Information Collection Affected Public: Business or other for- Affected Public: Business or other for- profits and Not-for-profit institutions; Request: Extension of a currently profits and Not-for-profit institutions); Number of Respondents: 555; Total approved collection; Title of Number of Respondents: 9,354; Total Annual Responses: 4,995; Total Annual Information Collection: Clinical Annual Responses: 345,600; Total Hours: 149,850. (For policy questions Laboratory Improvement Amendments Annual Hours: 28,800. (For policy regarding this collection contact Rachel (CLIA) Regulations; Use: The questions regarding this collection Shevland at 410–786–3026). information is necessary to determine 6. Type of Information Collection contact Randy Throndset at 410–786– an entity’s compliance with the Request: Extension without change of a 0131). Congressionally-mandated program currently approved collection; Title of 8. Type of Information Collection with respect to the regulation of Information Collection: PACE State Plan Request: Extension without change of a laboratory testing (CLIA). In addition, Amendment Preprint; Use: If a state currently approved collection; Title of laboratories participating in the elects to offer PACE as an optional Information Collection: Elimination of Medicare program must comply with Medicaid benefit, it must complete a Cost-Sharing for full benefit dual- CLIA requirements as required by state plan amendment preprint packet eligible Individuals Receiving Home section 6141 of OBRA 89. Medicaid, described as ‘‘Enclosures #3,4,5,6 and and Community-Based Services; Use: under the authority of section 7.’’ The information, collected from the This provision eliminates Part D cost- 1902(a)(9)(C) of the Social Security Act, state on a one-time basis is needed in sharing for full benefit dual-eligible pays for services furnished only by order to determine if the state has beneficiaries who are receiving home laboratories that meet Medicare (CLIA) properly elected to cover PACE services and community based services. To requirements. Form Number: CMS–R– as a state plan option. Form Number: implement this provision, States are 26 (OCN: 0938–0612); Frequency: CMS–10227 (OCN: 0938–1027); required to identify the affected Monthly, occasionally; Affected Public: Frequency: Once and occasionally; beneficiaries in their monthly Medicare Business or other for-profits and not-for- Affected Public: State, Local, or Tribal Modernization Act Phase Down reports. profit institutions, State, Local or Tribal Governments; Number of Respondents: Form Number: CMS–10344 (OCN: Governments, and the Federal 21; Total Annual Responses: 7; Total 0938–1127); Frequency: Monthly; government; Number of Respondents: Annual Hours: 240. (For policy Affected Public: Business or other for- 79,175; Total Annual Responses: questions regarding this collection profits and Not-for-profit institutions; 88,886,364; Total Annual Hours: contact Angela Taube at 410–786–2638). Number of Respondents: 51; Total 15,613,299. (For policy questions 7. Type of Information Collection Annual Responses: 612; Total Annual regarding this collection contact Raelene Request: Extension of a currently Hours: 612. (For policy questions Perfetto at 410–786–6876).

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11. Type of Information Collection this collection contact Anitra Johnson at would constitute a clearly unwarranted Request: Reinstatement without change 410–786–0609). invasion of personal privacy. of a previously approved collection; 13. Type of Information Collection Name of Committee: National Human Title of Information Collection: Request: Extension of a currently Genome Research Institute Special Emphasis Medicare Geographic Classification approved collection; Title of Panel Extramural Gene Function Research Review Board (MGCRB) Procedures and Information Collection: State Children’s Initiative (R21) UDP. Supporting Regulations; Use: The Health Insurance Program and Date: November 27, 2013. information submitted by the hospitals Supporting Regulations; Use: States Time: 11:00 a.m. to 4:00 p.m. is used to determine the validity of the must submit title XXI plans and Agenda: To review and evaluate grant hospitals’ requests and the discretion amendments for approval by the applications. Secretary. We use the plan and its Place: National Human Genome Research used by the Medicare Geographic Institute, 4076 Conference Room, 5635 Classification Review Board (MGCRB) subsequent amendments to determine if Fishers Lane, Rockville, MD 20852, in reviewing and making decisions the state has met the requirements of (Telephone Conference Call). regarding hospitals’ requests for title XXI. Information provided in the Contact Person: Keith McKenney, Ph.D., geographic reclassification. Form state plan, state plan amendments, and Scientific Review Officer, NHGRI, 5635 Number: CMS–R–138 (OCN: 0938– from the other information we are Fishers Lane, Suite 4076, Bethesda, MD 0573); Frequency: Yearly; Affected collecting will be used by advocacy 20814, 301–594–4280, mckenneyk@ Public: Business or other for-profits and groups, beneficiaries, applicants, other mail.nih.gov. Not-for-profit institutions, and State, governmental agencies, providers (Catalogue of Federal Domestic Assistance Local, or Tribal Governments; Number groups, research organizations, health Program Nos. 93.172, Human Genome of Respondents: 300; Total Annual care corporations, health care Research, National Institutes of Health, HHS) Responses: 300; Total Annual Hours: consultants. States will use the Dated: September 30, 2013. 300. (For policy questions regarding this information collected to assess state David Clary, collection contact Geri Mondowney at plan performance, health outcomes and Program Analyst, Office of Federal Advisory 410–786–1172). an evaluation of the amount of Committee Policy. 12. Type of Information Collection substitution of private coverage that [FR Doc. 2013–24289 Filed 10–3–13; 8:45 am] Request: Extension of a currently occurs as a result of the subsidies and BILLING CODE 4140–01–P approved collection; Title of the effect of the subsidies on access to Information Collection: Programs for coverage. Form Number: CMS–R–308 All-inclusive Care of the Elderly (PACE) (OCN: 0938–0841; Frequency: Yearly, DEPARTMENT OF HOUSING AND and Supporting Regulations; Use: The once, and occasionally; Affected Public: URBAN DEVELOPMENT PACE organizations must demonstrate State, Local, or Tribal Governments; [Docket No. FR–5681–N–40] their ability to provide quality Number of Respondents: 56; Total community-based care for the frail Annual Responses: 400; Total Annual Hours: 1,489,092. (For policy questions Federal Property Suitable as Facilities elderly who meet their state’s nursing To Assist the Homeless home eligibility standards using regarding this collection contact Judith capitated payments from Medicare and Cash at 410–786–4473). AGENCY: Office of the Assistant the state. The model of care includes as Dated: September 30, 2013. Secretary for Community Planning and core services the provision of adult day Martique Jones, Development, HUD. health care and multidisciplinary team Deputy Director, Regulations Development ACTION: Notice. case management, through which access Group, Office of Strategic Operations and to and allocation of all health services Regulatory Affairs. SUMMARY: This Notice identifies is controlled. Physician, therapeutic, [FR Doc. 2013–24250 Filed 10–3–13; 8:45 am] unutilized, underutilized, excess, and surplus Federal property reviewed by ancillary, and social support services BILLING CODE 4120–01–P are provided in the participant’s HUD for suitability for use to assist the residence or on-site at the adult day homeless. health center. The PACE programs must DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: provide all Medicare and Medicaid HUMAN SERVICES Juanita Perry, Department of Housing covered services including hospital, and Urban Development, 451 Seventh nursing home, home health, and other National Institutes of Health Street SW., Room 7266, Washington, DC specialized services. Financing of this 20410; telephone (202) 402–3970; TTY National Human Genome Research model is accomplished through number for the hearing- and speech- Institute; Notice of Closed Meeting prospective capitation of both Medicare impaired (202) 708–2565 (these and Medicaid payments. The Pursuant to section 10(d) of the telephone numbers are not toll-free), or information collection requirements are Federal Advisory Committee Act, as call the toll-free Title V information line necessary to ensure that only amended (5 U.S.C. App.), notice is at 800–927–7588. appropriate organizations are selected to hereby given of the following meeting. SUPPLEMENTARY INFORMATION: In become PACE organizations and that we The meeting will be closed to the accordance with 24 CFR part 581 and have the information necessary to public in accordance with the section 501 of the Stewart B. McKinney monitor the care provided to the frail, provisions set forth in sections Homeless Assistance Act (42 U.S.C. vulnerable population served. Form 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 11411), as amended, HUD is publishing Number: CMS–R–244 (OCN: 0938–0790; as amended. The grant applications and this Notice to identify Federal buildings Frequency: Once and occasionally; the discussions could disclose and other real property that HUD has Affected Public: Private Sector (Not-for- confidential trade secrets or commercial reviewed for suitability for use to assist profit institutions); Number of property such as patentable material, the homeless. The properties were Respondents: 99; Total Annual and personal information concerning reviewed using information provided to Responses: 99; Total Annual Hours: individuals associated with the grant HUD by Federal landholding agencies 81,912. (For policy questions regarding applications, the disclosure of which regarding unutilized and underutilized

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buildings and real property controlled use to assist the homeless, and the property & accessibility/removal by such agencies or by GSA regarding property will not be available. requirements its inventory of excess or surplus Properties listed as unsuitable will 4 Buildings Federal property. This Notice is also not be made available for any other JBER JBER AK 99506 published in order to comply with the purpose for 20 days from the date of this December 12, 1988 Court Order in Landholding Agency: Air Force Notice. Homeless assistance providers Property Number: 18201310014 National Coalition for the Homeless v. interested in a review by HUD of the Status: Unutilized Veterans Administration, No. 88–2503– determination of unsuitability should Directions: 10449, 27369, 33855, 35750 OG (D.D.C.). call the toll free information line at 1– Comments: off-site removal only; sf. varies; Properties reviewed are listed in this 800–927–7588 for detailed instructions moderate conditions; restricted area; Notice according to the following or write a letter to Ann Marie Oliva at contact AF for more info. on a specific categories: Suitable/available, suitable/ the address listed at the beginning of property & accessibility/removal reqs. unavailable, and suitable/to be excess, this Notice. Included in the request for Building 6260 and unsuitable. The properties listed in review should be the property address Arctic Warrior Dr. the three suitable categories have been JBER AK 99506 (including zip code), the date of Landholding Agency: Air Force reviewed by the landholding agencies, publication in the Federal Register, the Property Number: 18201310015 and each agency has transmitted to landholding agency, and the property Status: Unutilized HUD: (1) Its intention to make the number. Comments: off-site removal only; 75,720 sf.; property available for use to assist the For more information regarding Admin./Storage; moderate conditions; homeless, (2) its intention to declare the particular properties identified in this restricted area; contact AF for info. on property excess to the agency’s needs, or Notice (i.e., acreage, floor plan, existing accessibility/removal reqs. (3) a statement of the reasons that the sanitary facilities, exact street address), 3 Buildings property cannot be declared excess or providers should contact the Gibson Ave. JBER AK 99506 made available for use as facilities to appropriate landholding agencies at the assist the homeless. Landholding Agency: Air Force following addresses: Agriculture: Ms. Property Number: 18201310016 Properties listed as suitable/available Debra Kerr, Department of Agriculture, Status: Unutilized will be available exclusively for Reporters Building, 300 7th Street SW., Directions: 6252, 6257, 7263 homeless use for a period of 60 days Room 300, Washington, DC 20024, (202) Comments: off-site removal only; sf. varies; from the date of this Notice. Where 720–8873; Air Force: Mr. Robert Moore, storage; moderate conditions; restricted property is described as for ‘‘off-site use Air Force Real Property Agency, 2261 area; contact AF for more info. on a only’’ recipients of the property will be Hughes Avenue, Suite 156, Lackland specific property & accessibility/removal reqs. required to relocate the building to their AFB, TX, 78236–9852, (210) 395–9512; own site at their own expense. COE: Mr. Scott Whiteford, Army Corps 2 Buildings Homeless assistance providers Industrial Ave. of Engineers, Real Estate, CEMP–CR, Eielson AFB AK 99702 interested in any such property should 441 G Street NW., Washington, DC Landholding Agency: Air Force send a written expression of interest to 20314; (202) 761–5542; GSA: Mr. Flavio Property Number: 18201310030 HHS, addressed to Theresa Ritta, Office Peres, General Services Administration, Status: Unutilized of Enterprise Support Programs, Office of Real Property Utilization and Directions: Program Support Center, HHS, room Disposal, 1800 F Street NW., Room 7040 6213, 6214 12–07, 5600 Fishers Lane, Rockville, Washington, DC 20405, (202) 501–0084; Comments: off-site removal only; sf. varies; MD 20857; (301) 443–2265. (This is not Navy: Mr. Steve Matteo, Department of major repairs needed; contact Air Force for a toll-free number.) HHS will mail to the more info. on a specific property & the Navy, Asset Management Division, accessibility/removal reqs. interested provider an application Naval Facilities Engineering Command, packet, which will include instructions 8 Buildings Washington Navy Yard, 1330 Patterson Wainwright Short Range Radar Site for completing the application. In order Ave. SW., Suite 1000, Washington, DC Wainwright AK 99782 to maximize the opportunity to utilize a 20374; (202) 685–9426; (These are not Landholding Agency: Air Force suitable property, providers should toll-free numbers). Property Number: 18201310036 submit their written expressions of Status: Unutilized Dated: September 26, 2013. interest as soon as possible. For Directions: 1, 2, 3, 12, 13, 100, 101, 105 complete details concerning the Mark Johnston, Comments: sf. varies; very poor conditions; processing of applications, the reader is Deputy Assistant Secretary for Special Needs. remote area; contact AF for info. on a specific property listed above encouraged to refer to the interim rule TITLE V, FEDERAL SURPLUS PROPERTY governing this program, 24 CFR part PROGRAM FEDERAL REGISTER REPORT Building 400 581. FOR 10/04/2013 Main Street King Salmon Airport AK For properties listed as suitable/to be Suitable/Available Properties Landholding Agency: Air Force excess, that property may, if Property Number: 18201320079 Building subsequently accepted as excess by Status: Unutilized GSA, be made available for use by the Alaska Comments: 1,408 sf.; storage; 29 yrs. old; homeless in accordance with applicable 9 Buildings moderate conditions; periodic flooding law, subject to screening for other JBER–E (next to Naknek River) Federal use. At the appropriate time, Anchorage AK 99506 Building 119 HUD will publish the property in a Landholding Agency: Air Force Mountain Top Rd. Notice showing it as either suitable/ Property Number: 18201240030 Indian Mountain AK available or suitable/unavailable. Status: Unutilized Landholding Agency: Air Force Directions: 5374, 59122, 59348, 76520, Property Number: 18201320080 For properties listed as suitable/ 16519, 16521, 9570, 7179, 8197 Status: Unutilized unavailable, the landholding agency has Comments: off-site removal only; sf. varies; Comments: 256 sf.; waste treatment building; decided that the property cannot be moderate conditions; restricted area; 36+ months vacant; deteriorating; asbestos declared excess or made available for contact AF for more info. on a specific & lead based paint

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Building 125 Status: Excess 1501 First St. Mountain Top Rd. Directions: includes five bldgs. and land; Dobbins Air Reserve GA 30069 Indian Mountain AK bldgs. #: 1703, 1705, 1706, 1707, 1708 Landholding Agency: Air Force Landholding Agency: Air Force Comments: previously reported in 1992; total Property Number: 18201330008 Property Number: 18201320081 sf.: 191,446; sits on 15 acres; used for: Status: Unutilized Status: Unutilized residential; good condition Comments: Off-site removal only; 4,347 sf.; Comments: 680 sf.; solid waste disposal office space; 59 yrs. old; poor conditions; Colorado facility; 36+ months vacant; deteriorated; need repairs; contamination; secured area; asbestos & lead based paint Building 300 contact Air Force for more info. Building 715 Buckley AFB Facility 1006 Fuel Lane Aurora CO 80011 1006 Munitions Rd. King Salmon Airport AK Landholding Agency: Air Force Dobbins ARB GA 30069 Landholding Agency: Air Force Property Number: 18201230016 Landholding Agency: Air Force Property Number: 18201320082 Status: Unutilized Property Number: 18201330015 Status: Unutilized Comments: off-site removal only; 1414 sf.; jet Status: Unutilized Comments: 256 sf.; fuel building; 24+ months fuel labs; roof has collapse & needs to be Comments: Off-site removal only; 2,097 sf.; vacant; deteriorated; contamination replaced; restricted area; contact AF for 50 yrs. old; 2+ month vacant; storage; poor details on accessibility/removal Building 720 conditions; need repairs; asbestos & lead; Fuel Lane Building 66072 secured area; contact Air Force for more King Salmon Airport AK Military Housing info. Landholding Agency: Air Force Colorado Springs CO 10 Buildings Property Number: 18201320083 Landholding Agency: Air Force Middle Georgia Regional Airport Status: Unutilized Property Number: 18201310028 Macon GA 31297 Comments: 285 sf.; fuel building; 24+ months Status: Unutilized Landholding Agency: Air Force vacant; deteriorated; periodic flooding Comments: 5,017 sf.; vacant; roof repairs Property Number: 18201330034 (next to Naknek River) needed Status: Unutilized 14 Buildings Building 304 Directions: 16, 1004, 15, 11,9,7,6,3,2,1 Seward Recreation Camp Cheyenne Mountain AFS Comments: sf. varies; good to fair conditions; Seward AK 99664 Colorado Springs CO 80914 secured area; contact Air Force for a Landholding Agency: Air Force Landholding Agency: Air Force specific property and accessibility Property Number: 18201330010 Property Number: 18201320040 requirements. Status: Excess Status: Underutilized Idaho Directions: 100, 101, 104, 300, 301, 303, 302, Comments: off-site removal only; no future AF need; 960 sf; mailroom; good 38 Buildings 304, 305, 306, 307, 308, 309, 310 Aspen & Lodge Pole Comments: Off-site removal only; sf. varies; conditions; secured area, contact AF for more info. Mountain Home ID 83648 9+ months vacant; moderated conditions; Landholding Agency: Air Force contact Air Force for more info. on a 6 Buildings Property Number: 18201230034 specific property and removal GJKZ Status: Underutilized requirements. Fairchild AFB CO 99011 Directions: 5001–5013, 5015, 5019–5023, Building 6397 Landholding Agency: Air Force 5025, 5027, 5029, 5031–5033, 5035–5041, null Property Number: 18201320042 5043, 5101, 5103, 5105, 5107, 5109 Eielson AK 99702 Status: Underutilized Comments: off-site removal only; sf. varies; Landholding Agency: Air Force Directions: 1478, 1479, 1480, 1482, 1483, military housing; minor repairs/ Property Number: 18201330038 1484 renovations needed; asbestos & lead Status: Unutilized Comments: off-site removal only; no future present; restricted area; contact AF for info. Comments: Off-site removal only; 200 sf.; no AF need; sf. varies; w/inactive military on accessibility/removal reqs. installation; contact AF for removal/ future agency need; poor conditions; 38 Buildings accessibility reqs. contamination; secured area; contact Air Lodge Pole & Cottonwood Force for more info. Connecticut Mountain Home ID 83648 California Two Buildings Landholding Agency: Air Force Naval Submarine Base New London Property Number: 18201230035 Building 1028 Status: Underutilized 19338 North St. Groton CT 06340 Landholding Agency: Navy Directions: 5110–5121, 5123, 5125, 5127– Beale CA 95903 5132, 5134, 5137, 5139, 5141, 5144–5146, Property Number: 77201330035 Landholding Agency: Air Force 5150, 5152–5161 Status: Excess Property Number: 18201240009 Comments: off-site removal only; sf. varies; Directions: 1001 & 1004 (including bldgs. & Status: Unutilized military housing; minor repairs/ land) Comments: 178; poor conditions; asbestos & renovations needed; asbestos & lead Comments: 28,777 total sq. ft.; chapel/ lead; restricted area; contact AF for info. on present; restricted area; contact AF for info. community ctr.; fair conditions; roof needs accessibility requirements on accessibility/removal reqs. repairs; contact Navy for more info. Building 2153 37 Buildings 6900 Warren Shingle Florida Cottonwood & Sage Beale AFB CA 95903 Building 5002 Mountain Home ID 83648 Landholding Agency: Air Force 6801 Hwy 98 Landholding Agency: Air Force Property Number: 18201240010 Tyndall AFB FL 32403 Property Number: 18201230036 Status: Unutilized Landholding Agency: Air Force Status: Underutilized Comments: 4,000; very poor conditions; Property Number: 18201310010 Directions: 5162–5164, 5166, 5168, 5170, asbestos & lead possible; restricted area; Status: Unutilized 5201–5208, 5210, 5212, 5214–5219, 5221, contact AF for info. on accessibility Comments: 151 sf.; water pump station; 6 5223, 5225–5229, 5231, 5233, 5235–5240 requirements months vacant; major repairs; restricted Comments: off-site removal only; sf. varies; Former Mather AFB area; contact AF for info. on accessibility military housing; minor repairs/ Former Mather AFB reqs. renovations needed; asbestos & lead Rancho Cordova CA 95655 present; restricted area; contact AF for info. Landholding Agency: Air Force Georgia on accessibility/removal reqs. Property Number: 18201310064 Building 931 38 Buildings

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Sage, Beech, & Hickory Comments: off-site removal only, 8,719 sf., Comments: Off-site removal; no future Mountain Home ID 83648 auto hobby shop; 1 month vacant secured agency need; 1,947 sq. ft.; office; poor Landholding Agency: Air Force area, contact AF for more info. foundation; minor roof damage; contact Property Number: 18201230037 Building 117 Agriculture for more info. Status: Underutilized Naval Air Station Joint Reserve Base Mississippi Directions: 5241, 5243, 5245–5247, 5249, New Orleans LA 70143 Building 112 5251, 5253–5255, 5257, 5259–5261, 5263, Landholding Agency: Air Force CRTC Gulfport 5265, 5268, 5302–5303, 5305–5313, 5315, Property Number: 18201330046 Gulfport MS 39507 5317, 5319–5323, 5323, 5327 Status: Excess Landholding Agency: Air Force Comments: off-site removal only; sf. varies; Comments: 3,975 sf.; storage; deteriorated; Property Number: 18201330041 military housing; minor repairs/ secured area; background check/pass Status: Excess renovations needed; asbestos & lead required; contact Air Force for more info. Comments: 90 sf.; ATM bldg.; good present; restricted area; contact AF for info. re.; accessibility reqs. conditions; contact Air Force for more info. on accessibility/removal reqs. Building 019 Naval Air Station joint Reserve Base New Jersey 38 Buildings New Orleans LA 70143 Building 5971 Hickory & Pinon Landholding Agency: Air Force West End Plaza Mountain Home ID 83648 Property Number: 18201330050 JBMDL NJ 08640 Landholding Agency: Air Force Status: Excess Landholding Agency: Air Force Property Number: 18201230038 Comments: 3,038 sq. ft.; storage; deteriorated; Property Number: 18201310025 Status: Underutilized secured area; official ID required; contact Status: Unutilized Directions: 5329–5333, 5335, 5337, 5339, Air Force for more information Comments: off-site removal only; 1,842 sf.; 5341–5349, 5351, 5353, 5355–5359, 5361, storage; poor conditions; restricted area; Massachusetts 5363–5367, 5370–5377 contact AF for info. on accessibility reqs. Comments: off-site removal only; sf. varies; 3 Buildings 1932 Disaster Prep military housing; minor repairs/ Hudson Rd. 1932 Glenn Road renovations needed; asbestos & lead Sudbury MA JBMDL NJ 08641 present; restricted area; contact AF for info. Landholding Agency: Air Force Landholding Agency: Air Force on accessibility/removal reqs. Property Number: 18201310026 Property Number: 18201320015 26 Buildings Status: Excess Status: Underutilized Mountain Home AFB Directions: 01, 04, 05 Comments: off-site removal only; no future Mountain Home ID 83648 Comments: sf. varies; lab; fair conditions; AF need; 5,852 sf; storage; poor secured Landholding Agency: Air Force restricted area; contact AF for info. on area, contact AF for more info. accessibility reqs. Property Number: 18201230041 1911 SP Operations Status: Underutilized 7 Buildings 1911 East Fourth Street Directions: 45000, 45004, 45007, 45008, Westover ARB JBMDL NJ 08641 45011, 45012, 45015, 45019, 45022, 45023, Chicopee MA 01022 Landholding Agency: Air Force 45027, 45031, 45035, 45036, 45039, 45040, Landholding Agency: Air Force Property Number: 18201320016 45043, 45103, 45107, 45111, 45112, 45115, Property Number: 18201320062 Status: Underutilized 45116, 45119, 45120, 45123 Status: Underutilized Comments: off-site removal only; 6,432 sf., Comments: off-site removal only; 780 sf. for Directions: 7701, 7704, 7706, 7707, 2426, AF has no future need, office/admin., poor ea. parking; minor repairs/renovations 2765, 7700 conditions; secured area; contact AF for needed; restricted area; contact AF for info. Comments: Off-site removal only; no future more info. on accessibility/removals reqs. AF need; sf. varies; adequate to very poor 9719 Latrine conditions; contamination; restricted area; Range 34, 9720 Range Road 74 Buildings escort required; contact AF for more info. Mountain Home AFB JBMDL NJ 08640 Mountain Home ID 83648 Michigan Landholding Agency: Air Force Property Number: 18201320017 Landholding Agency: Air Force 3 Buildings Status: Underutilized Property Number: 18201230042 Selfridge ANGB Comments: off-site removal only; AF has no Status: Underutilized Selfridge MI 48045 future need; 285 sf., secured area; contact Directions: 45127, 45130, 45131, 45134, Landholding Agency: Air Force AF for more info. 45135, 45139, 45143, 45146, 45147, 45152, Property Number: 18201220020 45156, 45159, 45160, 45163, 45164, 46168, Status: Unutilized 9721 Compressor Plant #1 45172, 45203, 45204, 45207, 45208, 45212, Directions: 326,780,710 Range 34, 9720 Range Road 45216, 45217, 45220, 45221, 45225, 45228, Comments: off-site removal only; sf varies; JBMDL NJ 08640 45229, 45233, 45237, 45238, 45241, 45242, office/school/barracks; fair conditions; Landholding Agency: Air Force 45245, 45249, 45253, 45254, 45257, 45261, need repairs Property Number: 18201320018 45264, 45265, 45268, 45272, 45272, 45305, Status: Underutilized Minnesota 45308, 45309, 45312, 45313, 45317, 45321, Comments: off-site removal only; AF has no 45322, 45325, 45329, 45332, 45333, 45337, S.O. South Annex future need; fair conditions; secured area; 45341, 45344, 45345, 45348, 45349, 45353, 200 Ash Ave. NW 63 sf., contact AF for more info. 45357, 45358, 45361, 45365, 45366, 45367, Cassa Lake MN 56633 9726 Compressor Plant #2 45372, 45373, 45376, 45377 Landholding Agency: Agriculture Range 34, 9720 Range Road Comments: off-site removal only; 780 sf. for Property Number: 15201330035 JBMDL NJ 08640 ea. parking; minor repairs/renovations Status: Unutilized Landholding Agency: Air Force needed; restricted area; contact AF for info. Comments: Off-site removal; no future Property Number: 18201320019 on accessibility/removals reqs. agency need; 1,947 sq. ft.; office; poor Status: Underutilized foundation; minor roof damage; contact Comments: off-site removal only; 112 sf., AF Louisiana Agriculture for more info. has no future need; fair conditions, secured Building 4143 S.O. South Annex area; contact AF for more info. Barksdale AFB 200 Ash Ave. NW 6045 MWR Support Barksdale LA 71110 Cass Lake MN 56633 6045 Doughboy Loop Landholding Agency: Air Force Landholding Agency: Agriculture JBMDL NJ 08640 Property Number: 18201320007 Property Number: 15201330036 Landholding Agency: Air Force Status: Unutilized Status: Unutilized Property Number: 18201320020

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Status: Excess Property Number: 18201320024 Comments: off-site removal only; no AF Comments: off-site removal only; 4,087 sf.; Status: Underutilized future need; sf. varies; poor conditions; poor conditions, secured area; contact AF Comments: off-site removal only; no future secured area, contact AF for more info. for more info. AF need; 5,471 sf.; maint. facility; fair/poor 4 Buildings 1902 Comm Facility condition; controlled AF installation, Shaw AFB 1902 Ammo Road contact AF for more info. Sumter SC 29152 JBMDL NJ 08641 Building 944 Landholding Agency: Air Force Landholding Agency: Air Force 4600 Air Depot Blvd. Property Number: 18201320055 Property Number: 18201320021 Tinker AFB OK 73145 Status: Underutilized Status: Underutilized Landholding Agency: Air Force Directions: 1027,1028,2451,1034 Comments: off-site removal only; 25,966 sf.; Property Number: 18201320026 Comments: Off-site removal only; no AF AF has no future need; storage; poor Status: Underutilized future need; sf. varies; poor conditions; conditions; secured area; contact AF for Comments: off-site removal only; no future secured area; contact AF for more info. more into. AF need; 2,400 sf.; warehouse; fair/poor Building 1036 New York condition; controlled AF installation; 311 Avocet Street, Street, Shaw AFB Sumter SC 29152 Building 11 contact AF for info. re: accessibility/ removal Landholding Agency: Air Force Schenectady Airport Property Number: 18201320086 Scotia NY 12302 Building 1111 Status: Unutilized Landholding Agency: Air Force Tinker AFB Comments: off-site removal only; no future Property Number: 18201330049 Tinker OK 73145 agency need; 1,694 sf.; open storage for Status: Excess Landholding Agency: Air Force auto hobby shop; repairs needed; secured Directions: 1 Air National Guard Road Property Number: 18201330028 area; contact AF for more info. Comments: 10,267 sq. ft.; nose duck; poor Status: Unutilized Building 1826 conditions; secured area; military escort Comments: Off-site removal only; no future 100 Shaw Dr., Shaw AFB required each time to access property; agency need; 231 sf.; utility bldg.; generally Sumter SC 29152 contact Air Force for more info. good conditions; secured area; contact Air Landholding Agency: Air Force North Carolina Force for more info. Property Number: 18201320087 SAC COO–16888 2 Buildings Status: Unutilized Jeffries Plant SC Serv. Tinker AFB Comments: off-site removal only; no future Authority Cooper River Tinker OK 73145 agency need; 984sf. wash rack; repairs Wake NC 27589 Landholding Agency: Air Force needed; secured area; contact AF for more Landholding Agency: COE Property Number: 18201330029 info. Property Number: 31201330011 Status: Unutilized Texas Directions: 1072,901 Status: Unutilized Plowman Creek Park Comments: Off-site removal only; no agency Comments: Off-site removal only; no future Whitney Lake Project need; poor conditions; secured area; agency need; 2,257 sq. st.; vacant; 28 yrs.- Kopperl TX 76634 contact Air Force for info. on a specific old; poor structural condition. Landholding Agency: COE SAS FAL–15916 property & removal requirements. Property Number: 31201330007 Hartwell Lake & Dam Puerto Rico Status: Unutilized Wake NC 27587 Muniz IAP Directions: WH–27966 Landholding Agency: COE 200 JoseA (Tony) Santana Ave. Comments: Off-site removal only; no future Property Number: 31201330012 Carolina PR 09879 agency need; 50+ yrs.-old; 30 sq. ft.; water Status: Unutilized Landholding Agency: Air Force well; secured area, contact COE for more Comments: Off-site removal only; no future Property Number: 18201320069 info. agency need; 36 sq. ft.; vacant; 34+ yrs.-old; Status: Unutilized Navarro Mills Lake poor structural. Comments: 755 sf.; potable water storage & 1225 FM 669 North Dakota pump house; poor conditions; secured Purdon TX 76679 2 Buildings area; escort required to access property; Landholding Agency: COE JFSD Grand Forks AFB contact AF for more info. Property Number: 31201330008 Status: Underutilized Grand Forks ND 58205 South Carolina Landholding Agency: Air Force Comments: Off-site removal only; no future Property Number: 18201330017 Building 1400 agency need; 624 sq. ft.; 30+ yrs. old; Status: Unutilized 66/68 Von Steuben restroom; secured area; contact COE for Directions: 822(162 sf.), 821(264 sf.) Goose Creek SC 29445 more info. Comments: Deteriorated conditions; Landholding Agency: Air Force Steele Creek Park contamination; secured area; escort Property Number: 18201310006 Whitney Lake Project required each time to access; contact Air Status: Underutilized Morgan TX 76671 Force for more info. Comments: 3,426 sf.; storage; fair conditions Landholding Agency: COE Land at Henley Park Area Property Number: 31201330009 Oklahoma JBC Status: Unutilized Building 267 N. Charleston SC 29404 Directions: WH–27961 7576 Sentry Blvd. Landholding Agency: Air Force Comments: Off-site removal only; 30 sq. ft.; Tinker AFB OK 73145 Property Number: 18201310008 50+ yrs.-old; water well; secured area; Landholding Agency: Air Force Status: Underutilized contact COE for more info. Property Number: 18201310039 Comments: 57 acres; restricted military Steele Creek Park Status: Unutilized installation; contact AF on info. on Whitney Lake Project Comments: off-site removal only; 6,892 sf.; accessibility reqs. Morgan TX 76671 vehicle parking shed; fair conditions; 2 Building Landholding Agency: COE restricted area; contact AF for info. on Shaw AFB Property Number: 31201330010 accessibility/removal requirements Sumter SC 29152 Status: Unutilized Building 1100 Landholding Agency: Air Force Directions: WH–27960 7492 Patrol Road Property Number: 18201320054 Comments: Off-site removal only; no future Tinker AFB OK 73145 Status: Unutilized agency need; 30 sq. ft.; water well; contact Landholding Agency: Air Force Directions: 1036, 1826 COE for more info.

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WH–27960 Structure Unsuitable Properties Steele Creek Park at Whitney Lake 412 Washington Ave. Building Morgan TX 76671 Seward AK 99664 Landholding Agency: COE Landholding Agency: GSA Alabama Property Number: 31201330013 Property Number: 54201320010 Building 27, Heating Facility Status: Unutilized Status: Surplus 323 Kirkpatrick Avenue Comments: Off-site removal only; 30 sq. ft.; GSA Number: 9–I–AK–0803AB Maxwell AFB AL 36112 water well; 50+ yrs. old; repairs needed Directions: GSA is the disposal agency; NPD/ Landholding Agency: Air Force secured area; contact COE for more info. DOII is the landholding agency Property Number: 18201320013 Virginia Comments: 3,538 sf.; restaurant Status: Unutilized Joint Base Langley Eustis Multi-Family Lot Comments: Public access denied & no 1134 Wilson Ave. 212 Fifth Ave. alternative method to gain access without Newport News VA Seward AK 99664 compromising Nat’l security w/out Landholding Agency: Air Force Landholding Agency: GSA compromising Nat’l sec. Reasons: Secured Area Property Number: 18201240006 Property Number: 54201320014 Status: Unutilized Status: Surplus Bldg. 31 Comments: 887 sf.; storage; poor conditions; GSA Number: 9–I–AK–0805AB 450 Cedar St. restricted area; visitor’s pass required; Directions: Disposal agency: GSA; Maxwell AFB AL 36112 contact AF for more info. Landholding agency: NPS/DOII Landholding Agency: Air Force Joint Base Langley Eustis Comments: 1,070 sf.; residential; fair Property Number: 18201230026 Status: Unutilized 3508 Mulberry Island Rd. conditions; mold, asbestos, & lead Newport News VA Comments: located w/in restricted area; Landholding Agency: Air Force New York public access denied & no alternative Property Number: 18201240007 Building method to gain access w/out compromising Status: Unutilized NOSC Albany New York Nat’l security Comments: 4,026; poor conditions; restricted Albany NY 12203 Reasons: Secured Area area; visitor’s pass required; contact AF for Landholding Agency: Navy Building 853 more info. Property Number: 77201330031 25 South LeMay Maxwell AFB AL 36112 Land Status: Unutilized Comments: 34,250 sq. ft.; reserve training Landholding Agency: Air Force Alaska bldg.; age 1956; univalve due to existing Property Number: 18201240002 Parcel of Land federal need. Status: Underutilized Comments: located on active military Joint Base Elmendorf Richardson Building 2 installation; public access denied & no JBER AK 99506 NOSC Albany New York Landholding Agency: Air Force alternative method to gain access w/out Albany NY 12203 Property Number: 18201330011 compromising Nat’l security Landholding Agency: Navy Status: Underutilized Reasons: Secured Area Property Number: 77201330032 Comments: 20x20 (400sf.); secured area; must 6 Buildings Status: Excess obtain a visitor’s pass & have a gov’t Maxwell AFB Comments: 1,495 sq. ft.; auto vehicle sponsor escort to access installation; Maxwell AL maintenance; age 1956; unavailable due to contact Air Force for more info. Landholding Agency: Air Force existing federal need Portion of Land Property Number: 18201240021 Joint Base Elmendorf Richardson Building Status: Underutilized JBER AK 99505 NOSC Albany New York Directions: 302, 307, 1411,695,699,322 Landholding Agency: Air Force Albany NY 12203 Comments: public access denied & no Property Number: 18201330012 Landholding Agency: Navy alternative method to gain access w/out Status: Underutilized Property Number: 77201330033 compromising Nat’l security Comments: 1600 sf.; secured area; visitor’s Status: Excess Reasons: Secured Area pass and gov’t sponsor required; contact Comments: 3,702 sq. ft.; reserve training 2 Buildings Air Force for more info. bldg.; unavailable due to existing Federal Maxwell AFB Portion of Land need. Maxwell AFB AL 36112 Landholding Agency: Air Force Joint Base Elmendorf Richardson Oklahoma JBER AK 99505 Property Number: 18201310034 Landholding Agency: Air Force 24 Buildings Status: Underutilized Property Number: 18201330013 Tinker AFB Directions: 1450, 1451 Status: Underutilized Tinker AFB OK 73145 Comments: secured military installation; Comments: .29 acres; secured area; visitor’s Landholding Agency: Air Force public access denied & no alternative pass & gov’t sponsor required; contact Air Property Number: 18201310040 method to gain access w/out compromising Force for more info. Status: Excess Nat’l security Florida Directions: 9005, 217, 222, 234, 803, 902, Reasons: Secured Area 903, 904, 905, 990, 994, 1001, 1096, 1110, 3 Buildings WBPA (9901/72441/99300) 2128, 3333, 3805, 4005, 4008, 7005, 7007, Visiting Officer Qtrs. 9901 E. Pine Ave. 7037, 7038, 7041 Gunter Annex AL 36114 St. George Island FL 32328 Comments: sf. varies; fair to moderate Landholding Agency: Air Force Landholding Agency: Air Force conditions; currently bldgs. are unavailable Property Number: 18201310035 Property Number: 18201310041 because they are being utilized by the AF Status: Underutilized Status: Excess Directions: 1014, 1015, 1016 Comments: .34 acres; tower & fence needs to Building 4008 Comments: secured military installation; be removed; remote access; contact AF for 6285 Hilltop Rd. public access denied & no alternative more info. Tinker AFB OK 73145 Landholding Agency: Air Force method to gain access w/out compromising Suitable/Unavailable Properties Property Number: 18201320085 Nat’l security Reasons: Secured Area Building Status: Excess Comments: 7,767 sf.; depot operations Building 926 Alaska facility; fair conditions; not available due 210 Kirkpatrick Ave. Commercial Lot w/2 Story to existing AF need Maxwell AFB AL 36112

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Landholding Agency: Air Force Reasons: Secured Area Reasons: Secured Area Property Number: 18201310043 6 Buildings Building 1535-Credit Union W. Status: Underutilized Eielson AFB N. 138th Ave. Comments: secured military installation; Eielson AK 99702 Glendale AZ 85309 public access denied & no alternative w/ Landholding Agency: Air Force Landholding Agency: Air Force out compromising Nat’l security Property Number: 18201310019 Property Number: 18201320001 Reasons: Secured Area Status: Unutilized Status: Excess Buildings 1450 & 1451 Directions: 2208, 3125, 6151, 6156, 6158, Comments: w/in secured area; public access 320 Chennault Circle 6159 denied & no alternative method to gain Maxwell AFB AL 36112 Comments: w/in secured area; public access access w/out compromising Nat’l security Landholding Agency: Air Force denied & no alternative method to gain Reasons: Secured Area Property Number: 18201320008 access w/out compromising Nat’l security 2 Buildings Status: Underutilized Reasons: Secured Area Davis Monthan AFB Comments: Public access denied & no 5 Buildings Tucson AZ 85707 alternative method to gain access without Eareckson Air Station Landholding Agency: Air Force compromising Nat’l security Eareckson AS AK 99546 Property Number: 18201320027 Reasons: Secured Area Landholding Agency: Air Force Status: Underutilized Building 1411, Visiting Airman Property Number: 18201310037 Directions: 206, 207 635 McDonnell Street Status: Unutilized Comments: Located on a gated entry Maxwell AFB AL 36114 Directions: 0719, 00400, 03055, 0071, 00702 controlled military base, public access Landholding Agency: Air Force Comments: restricted access; public access denied & no alter. w/out compromising Property Number: 18201320009 denied & no alternative method to gain Nat’l sec. Status: Underutilized access w/out compromising Nat’l security Reasons: Secured Area Comments: Public access denied & no alter. Reasons: Secured Area 3 Building w/out compromising Nat’l sec. Building 3 & 21 Davis Monthan AFB Reasons: Secured Area Flaxman Island Tucson AZ 85707 3 Buildings Flaxmand Island AK Landholding Agency: Air Force Maxwell AFB, Gunter Annex Landholding Agency: Air Force Property Number: 18201320060 Maxwell AFB AL 36114 Property Number: 18201320030 Status: Underutilized Landholding Agency: Air Force Status: Excess Directions: 5315,206,207 Property Number: 18201320010 Comments: Public access denied & no alter. Comments: Public access denied & no alter. Status: Underutilized w/out compromising Nat’l sec. w/out compromising Nat’l sec. Directions: 1014, 1015, 1016 Reasons: Secured Area Reasons: Secured Area Comments: Public access denied & no alter. 10 Buildings California w/out compromising Nat’l sec. Flaxman Island Reasons: Secured Area 2 Buildings Flaxman Island AK 401 & 405 14th St. Building 26, Theater Landholding Agency: Air Force Edwards AFB CA 93524 325 Kirkpatrick Avenue Property Number: 18201320031 Landholding Agency: Air Force Maxwell AFB AL 36112 Status: Excess Property Number: 18201230002 Landholding Agency: Air Force Directions: 22, 23, 24, 41, 44, 4, 5, 100, 101, Status: Unutilized Property Number: 18201320011 105 Directions: 7177, 7179 Status: Unutilized Comments: Public access denied & no alter. Comments: public access not allowed; no Comments: Public access denied & no alter. w/out compromising Nat’l sec. alternative method to allow public access w/out compromising Nat’l sec. Reasons: Secured Area w/out comprising Nat’l security Reasons: Secured Area Building 1 Reasons: Secured Area Building 122, Military Family Flaxman Island 4259 321 Hickory Street Flaxman Island AK 99506 741 Circle Maxwell AFB AL 36112 Landholding Agency: Air Force Edwards AFB CA 93524 Landholding Agency: Air Force Property Number: 18201320068 Landholding Agency: Air Force Property Number: 18201320012 Status: Excess Property Number: 18201230003 Status: Underutilized Comments: Public access denied & no alter. Status: Unutilized Comments: Public access denied & no alter. w/out compromising Nat’l sec. Comments: public access not allowed; no w/out compromising Nat’l sec. Reasons: Secured Area alternative method to allow public access Reasons: Secured Area Building 4 w/out comprising Nat’l security 4 Facilities Flaxman Island Reasons: Secured Area 20 Kelly Street Flaxman Island AK 3 Buildings Maxwell AFB AL 36112 Landholding Agency: Air Force Edwards AFB Landholding Agency: Air Force Property Number: 18201320078 Edwards AFB CA 93524 Property Number: 18201320014 Status: Excess Landholding Agency: Air Force Status: Excess Comments: public access denied & no Property Number: 18201230032 Directions: 1073, 1074, 1075, 1076 alternative method to gain access w/out Status: Unutilized Comments: Public access denied & no alter. compromising Nat’l security Directions: 1412, 4203, 7020 w/out compromising Nat’l sec. Reasons: Secured Area Comments: located w/in restricted area Reasons: Secured Area Arizona where public access denied & no Alaska 7 Buildings alternative method to gain access w/out 3 Buildings Davis Monthan AFB compromising Nat’l security Eielson AFB Tucson AZ 85707 Reasons: Secured Area Eielson AK Landholding Agency: Air Force 26 Buildings Landholding Agency: Air Force Property Number: 18201310042 Eureka Hill Rd. Property Number: 18201310017 Status: Underutilized Point Arena Air CA Status: Unutilized Directions: 145, 4101, 4857, 4858, 5122, Landholding Agency: Air Force Directions: 6161, 6120, 6154 5313, 5315 Property Number: 18201240011 Comments: w/in secured area; public access Comments: military installation; public Status: Underutilized denied & no alternative method to gain access denied & no alternative w/out Directions: 602, 603, 604, 605, 606, 607, 608, access w/out compromising Nat’l security compromising Nat’l security 609, 610, 611, 612, 613, 614, 615, 616, 617,

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618, 619, 620, 621, 622, 623, 624, 625, 626, Landholding Agency: Air Force Reasons: Secured Area 627 Property Number: 18201310053 12 Buildings Comments: secured area; public access Status: Underutilized Military Housing denied & no alternative method to gain Directions: B1412, B1400, B4900, B8834 USAF Academy CO access w/out compromising Nat’l security Comments: secured area; public access Landholding Agency: Air Force Reasons: Secured Area denied & no alternative w/out Property Number: 18201310029 21 Buildings compromising Nat’l security Status: Unutilized Eureka Hill Rd. Reasons: Secured Area Directions: 66073, 66080, 66100, 66074, Point Arena Air CA 2 Buildings 66081, 66101, 66070, 66071, 66082, 66102, Landholding Agency: Air Force MISC REC BLDG. 9328, 9329 Property Number: 18201240012 Edwards AFB CA 93523 Comments: w/in secured area; public access Status: Underutilized Landholding Agency: Air Force denied & no alternative method to gain Directions: 100, 102, 104, 105, 160, 201, 108, Property Number: 18201310054 access w/out compromising Nat’l security 202, 203, 206, 220, 221, 222, 225, 228, 217, Status: Unutilized Reasons: Secured Area 218, 408, 700, 300, 216 Directions: B5206, B16 Building 1615 Comments: secured area; public access Comments: secured area; public access 1390 S. Chucara Street denied & no alternative method to gain denied & no alternative w/out Aurora CO 80011 access w/out compromising Nat’l security compromising Nat’l security Landholding Agency: Air Force Reasons: Secured Area Reasons: Secured Area Property Number: 18201320028 ACFT DY RSCH 3 Buildings Status: Unutilized Edwards AFB Doolittle, Camp Beale & Grass Valley Comments: Public access denied & no alter. Edwards CA Beale CA method w/out compromising Nat’l sec. Landholding Agency: Air Force Landholding Agency: Air Force Reasons: Secured Area Property Number: 18201240016 Property Number: 18201320003 B/2001 Status: Unutilized Status: Unutilized Range 123W.-Prairie Comments: secured area; public access Directions: 1299, 3296 & 5775 Pueblo West CO 81007 denied & no alternative method to gain Comments: located on base w/controlled Landholding Agency: Air Force access w/out compromising Nat’l security access; public access denied & no alter. Property Number: 18201330035 Reasons: Secured Area method w/out compromising Nat’l sec. Status: Underutilized ACFT RSCH ENG Reasons: Secured Area Comments: Public access denied & no Edwards AFB West Wing Education Center alternative method to gain access w/out Edwards CA 144 Wyoming Ave. compromising Nat’l security. Landholding Agency: Air Force Vandenberg CA 93437 Reasons: Secured Area Property Number: 18201240017 Landholding Agency: Air Force Connecticut Status: Unutilized Property Number: 18201320061 Comments: secured area; public access Status: Underutilized Three Building denied & no alternative method to gain Directions: 10 Buildings; 14001–14010 Naval Submarine Base New London access w/out compromising Nat’l security Comments: Public access denied & no alter. Groton CT 06349 Reasons: Secured Area w/out compromising Nat’l sec. Landholding Agency: Navy Kennel Stray Animal Reasons: Secured Area Property Number: 77201330036 Status: Excess Edwards AFB Building 124 Directions: 152,427,436 Edwards CA Defense Distribution, San Joaquin Comments: Public access denied & no Landholding Agency: Air Force Sharpe Site alternative method to gain access w/out Property Number: 18201240018 Lathrop CA 95231 compromising Nat’l security. Status: Excess Landholding Agency: Air Force Reasons: Secured Area Comments: secured area; public access Property Number: 18201330052 denied & no alternative method to gain Status: Unutilized Delaware access w/out compromising Nat’l security Comments: Public access denied & no 2 Buildings Reasons: Secured Area alternative method to gain access w/out Dover AFB 10 Buildings compromising Nat’l security Dover DE 19902 Fresno Yosemite Intern ‘l Reasons: Secured Area Landholding Agency: Air Force Fresno CA 93727 Colorado Property Number: 18201230018 Landholding Agency: Air Force Status: Underutilized Property Number: 18201240036 4 Buildings Directions: 3499,899 Status: Excess Buckley AFB Comments: located w/in secured area where Directions: 2202, 2203, 2204, 2206, 2207, Aurora CO 80011 public access denied & no alternative 2208, 2217, 2219, 2221, 2223 Landholding Agency: Air Force method to gain access w/out compromising Comments: restricted area; public access Property Number: 18201230017 Nat’l security denied & no alternative method to gain Status: Underutilized Reasons: Secured Area access w/out compromising Nat’l security Directions: B1504, B1503, B1502, B1501 Building 2818 Reasons: Secured Area Comments: located w/in secured area where 2600 Spruance Dr. public access denied & no alternative 4 Buildings New Castle DE 19720 Arnold/Grumman Ave. method to gain access w/out compromising Landholding Agency: Air Force Beale CA 95903 Nat’l security Property Number: 18201310050 Landholding Agency: Air Force Reasons: Secured Area Status: Unutilized Property Number: 18201310018 San Latrine Shower Comments: secured area; public access Status: Underutilized 1093 Ferl Rd. denied & no alternative w/out Directions: 1057, 1058, 1226, 1152 USAF Academy CO 80840 compromising Nat’l security Comments: w/in secured area; public access Landholding Agency: Air Force Reasons: Secured Area denied & no alternative method to gain Property Number: 18201230033 access w/out compromising Nat’l security Status: Underutilized Florida Reasons: Secured Area Comments: located w/in secured area; public Facilities 28407 & 28411 4 Buildings access denied & no alternative method to 1656 Lighthouse Rd. Edwards AFB gain access w/out compromising Nat’l Cape Canaveral FL 32925 Edwards AFB CA 93523 security Landholding Agency: Air Force

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Property Number: 18201220009 method to gain access w/out compromising Tyndall FL 32403 Status: Excess Nat’l security Landholding Agency: Air Force Comments: Nat’l security concerns; public Reasons: Secured Area Property Number: 18201310012 access denied & no alternative method to Bldg. 297 Status: Unutilized gain access w/out comprising Nat’l 8005 Hillsborough Loop Dr. Directions: B122, B123, 920 security. MacDill FL 33621 Comments: located w/in secured area; public Reasons: Secured Area Landholding Agency: Air Force access denied & no alternative method to 2 Buildings Property Number: 18201230049 gain access w/out compromising Nat’l Hurlburt Field Status: Underutilized security Hurlburt Field FL 32544 Comments: located w/in secured area; public Reasons: Secured Area Landholding Agency: Air Force access denied & no alternative method to 21 Buildings Property Number: 18201220010 gain access w/out compromising Nat’l Cape Canaveral AFS Status: Underutilized security Cape Canaveral AFS FL 32925 Directions: 90318 and 90319 Reasons: Secured Area Landholding Agency: Air Force Comments: Nat’l security concerns; public 8 Buildings Property Number: 18201310032 access denied & no alternative method to Eglin AFB Status: Unutilized gain access w/out comprising Nat’l Eglin FL 32542 Directions: 1627, 2826, 2842, 4120, 5414, security. Landholding Agency: Air Force 7006, 7850, 8602, 15832, 28403, 28404, 28408, 28409, 28414, 28420, 28422, 28423, Reasons: Secured Area Property Number: 18201230057 28425, 28502, 28504, 36001 10 Buildings Status: Underutilized Comments: secured area; public access Cape Canaveral Directions: 223, 255, 411, 584, 1278, 1284, denied & no alternative method to gain Cape Canaveral FL 32925 1289, 4023 access w/out compromising Nat’l security Landholding Agency: Air Force Comments: located in restricted controlled Reasons: Secured Area Property Number: 18201220039 gov’t installation; public access denied & Status: Excess no alternative method to gain access w/out 5 Buildings Directions: 28411, 28415, 44500, 49928, compromising Nat’l security Kennedy Space Ctr. Communications 28401, 24445, 24404, 24403, 1715, 70540 Reasons: Secured Area Kennedy Space Ctr. FL 32815 Landholding Agency: Air Force Comments: Nat’l security concerns; public 2 Buildings access denied & no alternative method to Property Number: 18201310033 Eglin AFB Status: Unutilized gain access w/out comprising Nat’l security Eglin FL 32542 Reasons: Secured Area Directions: 29115, 29120, 29139, 29142, Landholding Agency: Air Force 95401 3 Buildings Property Number: 18201230058 Comments: secured area; public access MacDill AFB Status: Unutilized denied & no alternative method without MacDill FL 33621 Directions: 586, 9267 compromising Nat’l security Landholding Agency: Air Force Comments: located un restricted controlled Reasons: Secured Area Property Number: 18201230009 gov’t installation; public access denied & Status: Unutilized no alternative method to gain access w/out Building 91400 Traffic Check House Directions: 1205, 1149, 1135 compromising Nat’l security Hurlburt Field FL 32544 Comments: located w/in secured area where Reasons: Secured Area Landholding Agency: Air Force public access denied & no alternative 7 Buildings Property Number: 18201310052 method to gain access w/out compromising Eglin AFB Status: Underutilized Nat’l security Eglin FL 32542 Comments: secured area; public access Reasons: Secured Area Landholding Agency: Air Force denied & no alternative w/out 10 Buildings Property Number: 18201240015 compromising Nat’l security Samuel C. Phillips Pkwy Status: Underutilized Reasons: Secured Area Cape Canaveral AFB FL 32925 Directions: 249, 250, 251, 256, 408, 888, 955 12 Buildings Comments: restricted area; public access Landholding Agency: Air Force Florida Ave. denied & no alternative method to gain Property Number: 18201230014 Tyndall AFB FL 32403 Status: Excess access w/out compromising Nat’l security Landholding Agency: Air Force Directions: 84922, 84920, 67900, 60535, Reasons: Secured Area Property Number: 18201310061 60534, 1361, 40906, 56623, 36004, 17705 4 Buildings Status: Underutilized Comments: located w/in secured area where Fighter Wing, FL ANGB Directions: 6030, 6022, 6021, 6020, 6016, public access denied & no alternative Jacksonville FL 32218 6014, 6025, 6023, 6028, 9706, 9704, 9719 method to gain access w/out compromising Landholding Agency: Air Force Comments: secured area; public access Nat’l security Property Number: 18201240028 denied & no alternative method w/out Reasons: Secured Area Status: Underutilized compromising Nat’l security Facility 49800 Directions: 1014, 1015, 1016, 1017 Reasons: Secured Area 15030 Samuel C. Phillips Pkwy Comments: property located on a gated entry 6027 CE Shop/DRMO Cape Canaveral FL 32925 controlled military base; public access 302 Florida Ave. Landholding Agency: Air Force denied & no alternative to gain access w/ Tyndall AFB FL 32403 Property Number: 18201230019 out compromising Nat’l security. Landholding Agency: Air Force Status: Excess Reasons: Secured Area Property Number: 18201310062 Comments: located w/in secured area where Facility 3013 Status: Excess public access denied & no alternative 107 Ford St. Comments: secured area; public access method to gain access w/out compromising Eglin AFB FL 32542 denied & no alternative method w/out Nat’l security Landholding Agency: Air Force compromising Nat’l security Reasons: Secured Area Property Number: 18201240034 Reasons: Secured Area Bldg. 1132 Status: Underutilized Building 90911 Transmitter Rd. Comments: located in a secured area; on the 3 Hume Drive MacDill AFB FL 33621 Duke Field cantonment area; public access Hurlburt Field FL 32544 Landholding Agency: Air Force denied & no alternative method to gain Landholding Agency: Air Force Property Number: 18201230021 access w/out compromising Nat’l security Property Number: 18201320032 Status: Unutilized Reasons: Secured Area Status: Unutilized Comments: located w/in secured area where 3 Buildings Comments: Public access denied & no alter. public access denied & no alternative Tyndall AFB w/out compromising Nat’l sec.

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Reasons: Secured Area Reasons: Secured Area Bomber Rd. 5 Building 16 Buildings MHAFB ID 83648 MacDill AFB Wake Island Landholding Agency: Air Force MacDill AFB FL 33621 Wake Island HI 96898 Property Number: 18201240013 Landholding Agency: Air Force Landholding Agency: Air Force Status: Unutilized Property Number: 18201320051 Property Number: 18201310055 Comments: secured area; public access Status: Underutilized Status: Unutilized denied & no alternative method to gain Directions: 827, 826, 694, 550, 13 Directions: 00404, 00443, 00445, 00950, access w/out compromising Nat’l security Comments: Not accessible to public; no alter. 01172, 01174, 01186, 01187, 01202, 01204, Reasons: Secured Area to gain access w/out compromising Nat’l 01211, 01212, 01216, 01306, 1808 Illinois sec. Comments: secured area; public access Reasons: Secured Area denied & no alternative method w/out 3 Buildings Scott AFB 3 Building compromising Nat’l security MacDill AFB Reasons: Secured Area Scott AFB IL 62225 Landholding Agency: Air Force MacDill AFB FL 33621 2 Buildings Landholding Agency: Air Force Property Number: 18201220034 Wake Island Status: Unutilized Property Number: 18201320052 Wake Island HI 96898 Status: Underutilized Directions: 1984, 1985, 530 Landholding Agency: Air Force Comments: High security active duty Directions: 1107, 65, 60 Property Number: 18201330009 Comments: Not accessible to public; no alter. installation; Nat’l security concerns; public Status: Unutilized access denied & no alternative method to to gain access w/out compromising Nat’l Directions: 01406, 01403 sec. gain access w/out comprising Nat’l security Comments: Public access denied & no Reasons: Secured Area Reasons: Secured Area alternative to gain access w/out Building 90716 compromising Nat’l security. B1508 415 Independence Rd. Reasons: Secured Area 107 Bucher St. Hurlburt Field FL 32544 Scott AFB IL 62225 3 Buildings Landholding Agency: Air Force Landholding Agency: Air Force Joint Base Pearl Harbor Property Number: 18201320063 Property Number: 18201230023 JBPH HI Status: Excess Status: Underutilized Landholding Agency: Air Force Comments: Public access denied & no alter. Comments: authorized access only; restricted Property Number: 18201330032 area; public access denied & no alternative w/out compromising Nat’l sec. Status: Unutilized Reasons: Secured Area method to gain access w/out compromising Directions: 21418, 83220, 83214 Nat’l security 2 Buildings Comments: Public access denied & no Reasons: Secured Area MacDill AFB alternative method to gain access w/out MacDill AFB FL 33671 compromising Nat’l security. Building 509 Landholding Agency: Air Force Reasons: Secured Area 611 South Drive Scott AFB IL 62225 Property Number: 18201320065 Building 102 Status: Unutilized Landholding Agency: Air Force Wake Island Airfield Property Number: 18201310009 Directions: 1153, 1271 Wake Island HI 96898 Comments: Public access denied & no alter. Status: Unutilized Landholding Agency: Air Force Comments: located w/in secured area; public w/out compromising Nat’l sec. Property Number: 18201330047 Reasons: Secured Area access denied & no alternative method to Status: Unutilized gain access w/out compromising Nat’l 2 Buildings Comments: 100 present of the property FTFA security located in floodway; not contained or Reasons: Secured Area Eglin AFB FL 32542 corrected. Landholding Agency: Air Force Reasons: Floodway 2 Buildings Scott AFB Property Number: 18201330018 Joint Base Pearl Harbor Hickam Status: Underutilized Scott AFB IL 62225 Installation N62813 Directions: 2664, 2694 Landholding Agency: Air Force 325 Gardner Ave. Comments: Public access denied & no Property Number: 18201320029 Pearl Harbor HI 96853 alternative to gain access w/out Status: Unutilized Landholding Agency: Air Force compromising Nat’l security. Directions: 3270, 4900 Property Number: 18201330048 Reasons: Secured Area Comments: High security active duty Status: Unutilized Building 56636 installation; public access denied & no Comments: Public access denied & no alter. method w/out compromising Nat’l 755 Lighthouse Rd. alternative method to gain access w/out Cape Canaveral AFS FL 32925 sec. compromising Nat’l security. Reasons: Secured Area Landholding Agency: Air Force Reasons: Secured Area Property Number: 18201330020 2 Buildings Status: Unutilized Palehua Solar Observatory Abraham Lincoln Capital Airport Comments: Public access denied & no Research Site Springfield IL 62707 alternative method to gain access w/out SW Oahu, HI Landholding Agency: Air Force compromising Nat’l security. Makakilo HI 96707 Property Number: 18201330031 Reasons: Secured Area Landholding Agency: GSA Status: Excess Property Number: 54201330010 Directions: 124, 5 Hawaii Status: Surplus Comments: Public access denied & no 7 Buildings GSA Number: 9–D–HI–816 alternative method to gain access w/out Wake Island Directions: Disposal: GSA? Landholding: Air compromising Nat’l security. Wake Island HI 96898 Force? Reasons: Secured Area Landholding Agency: Air Force Comments: Inaccessible due to property can Indiana Property Number: 18201310038 only be reaching by crossing private Status: Unutilized property and there is no established right Facilities 99 & 1371 Directions: 01403, 01406, 01407, 01408, or means of entry. Stor Igloos 01411, 01186 Reasons: Not accessible by road Terre Haute IN 47803 Comments: restricted area; public access Landholding Agency: Air Force denied & no alternative method to gain Idaho Property Number: 18201220019 access w/out compromising Nat’l security Fac. 291 Status: Unutilized

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Comments: Nat’l security concerns; public Reasons: Secured Area Building 4411 access denied & no alternative method to B–4401 Kenny Ave. gain access w/out comprising Nat’l 743 Kenny Ave. Barksdale AFB LA 71110 security. Barksdale LA 71110 Landholding Agency: Air Force Reasons: Secured Area Landholding Agency: Air Force Property Number: 18201320036 Kansas Property Number: 18201240005 Status: Unutilized Status: Excess Comments: Public access denied & no alter. 7 Buildings Comments: restricted area; public access w/out compromising Nat’l sec. McConnell AFB denied & no alternative method to gain Reasons: Secured Area McConnell KS 67210 access w/out compromising Nat’l security Landholding Agency: Air Force B–7244 Reasons: Secured Area Property Number: 18201220033 4411 Kenny Ave. Status: Underutilized Building 4161 Barksdale AFB LA 71110 Directions: 408, 415, 424, 425, 696, 750, 1120 460 Billy Mitchell Ave. Landholding Agency: Air Force Comments: Nat’l security concerns; public Barksdale LA 71110 Property Number: 18201330025 access denied & no alternative method to Landholding Agency: Air Force Status: Underutilized gain access w/out comprising Nat’l security Property Number: 18201240014 Comments: Public access denied & no Reasons: Secured Area Status: Underutilized alternative method to gain access w/out Comments: secured area; public access 4 Buildings compromising Nat’l security. denied & no alternative method to gain McConnell AFB Reasons: Secured Area access w/out compromising Nat’l security McConnell KS 67210 B–5485 Reasons: Secured Area Landholding Agency: Air Force Barksdale AFB Property Number: 18201310005 2 Buildings Barksdale LA 71110 Status: Underutilized 300 Miller Ave. Landholding Agency: Air Force Directions: 683, 950, 1091, 1335 Boosier City LA 71112 Property Number: 18201330040 Comments: restricted military installation; Landholding Agency: Air Force Status: Unutilized public access denied & no alternative Property Number: 18201240035 Comments: Public access denied & no method to gain access w/out compromising Status: Unutilized alternative method to gain access w/out Nat’l security Directions: 6117, 6119 compromising Nat’l security. Reasons: Secured Area Comments: located w/in 1,500 ft. of a Federal Reasons: Secured Area facility handling 34,000 gallons of 9 Buildings flammable materials; located within Maine McConnell AFB aircraft accident potential zone 1 (most Wichita KS 67221 Building 421 dangerous); military airfield clear zone Landholding Agency: Air Force Bangor International Airport Reasons: Within airport runway clear zone Property Number: 18201330019 Bangor ME 04401 Within 2000 ft. of flammable or explosive Status: Underutilized Landholding Agency: Air Force material Directions: 1102, 1106, 338, 978, 979, 516, Property Number: 18201320057 1122, P973, 984 7 Buildings Status: Excess Comments: Public access denied & no Kenny Ave. Comments: Public access & no alters. w/out alternative method to gain access w/out Barksdale AFB LA 71110 compromising Nat’l sec. compromising Nat’l security. Landholding Agency: Air Force Reasons: Secured Area Reasons: Secured Area Property Number: 18201320005 Building 495 Status: Underutilized Building 985 104 Glenn Ave. Directions: 4421, 4423, 4427, 4431, 4432, McConnell AFB Bangor ME 04401 4433, 4434 Wichita KS 67221 Landholding Agency: Air Force Comments: public access denied & no alter. Landholding Agency: Air Force Property Number: 18201320059 w/out compromising Nat’l sec. Property Number: 18201330021 Status: Excess Reasons: Secured Area Status: Underutilized Comments: Public access denied & no alters. Comments: Public access denied & no 4 Buildings w/out compromising Nat’l sec. alternative method to gain access w/out Kenny Ave. Reasons: Secured Area Barksdale AFB LA 71110 compromising Nat’l security. Maryland Reasons: Secured Area Landholding Agency: Air Force Property Number: 18201320006 2 Buildings Louisiana Status: Underutilized Martin State Airport 3 Buildings Directions: 4412, 4414, 4133, 4134 Baltimore MD 21220 Barksdale AFB Comments: Public access denied & no alter. Landholding Agency: Air Force Barksdale AFB LA 71110 to access w/out compromising Nat’l sec. Property Number: 18201220022 Landholding Agency: Air Force Reasons: Secured Area Status: Excess Property Number: 18201220032 Building 4161 Directions: 1120 & 1121 Status: Unutilized 460 Billy Mitchell Ave. Comments: Nat’l security concerns; public Directions: 5724, 7318, 7136 Barksdale AFB LA 71110 access denied & no alternative method to Comments: Nat’l security concerns; public Landholding Agency: Air Force gain access w/out comprising Nat’l access denied & no alternative method to Property Number: 18201320034 security. gain access w/out comprising Nat’l security Status: Underutilized Reasons: Secured Area Reasons: Secured Area Comments: Public access denied & no alter. 10 Buildings 4 Buildings w/out compromising Nat’l sec. Joint Base Andrews Barksdale AFB Reasons: Secured Area JBA MD 20762 Barksdale LA 71110 Building 4401 Landholding Agency: Air Force Landholding Agency: Air Force 743 Kenny Ave. Property Number: 18201330023 Property Number: 18201240004 Barksdale AFB LA 71110 Status: Unutilized Status: Unutilized Landholding Agency: Air Force Directions: 1049, 1050, 1052, 1053, 1057, Directions: 4411,4414,4421,4868 Property Number: 18201320035 1061, 1063, 1075, 1601, 1603 Comments: w/in restricted area; public Status: Excess Comments: Public access denied & no access denied & no alternative method to Comments: Public access denied & no alter. alternative method to gain access w/out gain access w/out compromising Nat’l w/out compromising Nat’l sec. compromising Nat’l security. security Reasons: Secured Area Reasons: Secured Area

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Massachusetts Comments: Public access denied & no Ft. Dix NJ 08640 137 Pump House alternative method to gain access w/out Landholding Agency: Air Force Reilly House compromising Nat’l security. Property Number: 18201230013 OTIS ANGB MA Reasons: Secured Area Status: Unutilized Comments: located w/in secured area where Landholding Agency: Air Force Missouri Property Number: 18201230048 public access denied & no alternative Status: Excess Building 115 method to gain access w/out compromising Comments: located w/in secured area; public 10800 Lambert Int’l Blvd. Nat’l security access denied & no alternative method to St. Louis MO 63044 Reasons: Secured Area gain access w/out compromising Nat’l Landholding Agency: Air Force 4 Buildings security Property Number: 18201310004 Joint Base McGuire-Dix-Lakehurst Reasons: Secured Area Status: Unutilized Ft. Dix NJ 08640 Comments: restricted military installation; 3 Buildings Landholding Agency: Air Force public access denied & no alternative 175 Falcon Dr. Property Number: 18201230051 method to gain access w/out compromising Westfield MA 01085 Status: Unutilized Nat’l security Landholding Agency: Air Force Directions: 9723,9728,9411,9403 Reasons: Secured Area Property Number: 18201240026 Comments: located w/in secured area where Status: Excess Nebraska public access denied & no alternative Directions: 16, 35, 28 method to gain access w/out compromising Building 113 Nat’l security Comments: located on secured area; public null access denied & no alternative methods to Reasons: Secured Area Offutt AFB NE 68113 Bldg. 9415 gain access w/out compromising Nat’l Landholding Agency: Air Force security 9410 Old Shore Rd. Property Number: 18201320039 Reasons: Secured Area Ft. Dix NJ 08640 Status: Excess Landholding Agency: Air Force 2 Building Comments: Public access denied and no 50 Maple Street Property Number: 18201230053 alter. Without compromising Nat’l sec. Status: Unutilized Milford MA 01757 Reasons: Secured Area Landholding Agency: Air Force Comments: located w/in restricted area 5 Building Property Number: 18201320056 where public access denied & no Offutt AFB Status: Excess alternative method to gain access w/out Omaha NE 68113 Directions: 100 & 101 compromising Nat’l security Comments: Public access denied & no alter. Landholding Agency: Air Force Reasons: Secured Area w/out compromising Nat’l sec. Property Number: 18201320041 Traffic Check House Reasons: Secured Area Status: Excess 3573 Lancaster Rd. Directions: 135,139,308,328,404 Trenton NJ 08641 Mississippi Comments: Public access denied—no alter. Landholding Agency: Air Force 4 Buildings without compromising Nat’l sec. Property Number: 18201230054 Kessler AFB Reasons: Secured Area Status: Unutilized Kessler AFB MS 39534 Building 670 Comments: located w/in secured post; public Landholding Agency: Air Force 1111 West Oak Ave. access denied & no alternative method to Property Number: 18201220037 Lincoln NE 68524 gain access w/out compromising Nat’l Status: Underutilized Landholding Agency: Air Force security Directions: 4813, 4815, 4906, 4910 Property Number: 18201320084 Reasons: Secured Area Comments: Nat’l security concerns; public Status: Unutilized Building 7434 access denied & no alternative method to Comments: 100% of property located in Madison Rd. gain access w/out comprising Nat’l security floodway; floodway has not been correct or JBMDL NJ 08640 Reasons: Secured Area contained Landholding Agency: Air Force Bldg. 21005 Reasons: Floodway Property Number: 18201320004 6225 M St. New Hampshire Status: Unutilized Meridian MS 39307 Comments: public access denied & no PEASE ANGB Landholding Agency: Air Force alternative method to gain access w/out Property Number: 18201230046 302 Newmarket St. compromising Nat’l security Status: Unutilized Newington NH 03803 Reasons: Secured Area Comments: Access limited to military Landholding Agency: Air Force Property Number: 18201230043 Bldg. 118 (Hanger 4) personnel only; public access denied & no 118 Keller Road alternative method to gain access w/out Status: Unutilized Comments: public access denied & no JBMDL NJ 08733 compromising Nat’l security Landholding Agency: Air Force Reasons: Secured Area alternative method to gain access w/out compromising Nat’l security Property Number: 18201320022 Status: Excess Building 630 Reasons: Secured Area 713 Lockhart Comments: Public access denied & no alter. Columbus MS 39710 New Jersey w/out compromising Nat’l sec. Landholding Agency: Air Force 3 Buildings Reasons: Secured Area Property Number: 18201230060 Joint Base McGuire Dix Lakehurst 2 Buildings Status: Underutilized Ft. Dix NJ 08640 Joint Base McGuire-Dix Lakehurst Comments: public access denied & no Landholding Agency: Air Force JBMDL NJ 08640 alternative method to gain access w/out Property Number: 18201230008 Landholding Agency: Air Force compromising Nat’l security Status: Unutilized Property Number: 18201330026 Reasons: Secured Area Directions: 9725, 9055, 9404 Status: Unutilized Building 115 Comments: located w/in secured area where Directions: 9162, 9895 null public access denied & no alternative Comments: Public access denied & no CRTC Gulfport method to gain access w/out compromising alternative method to gain access w/out Gulfport MS 39507 Nat’l security compromising Nat’l security. Landholding Agency: Air Force Reasons: Secured Area Reasons: Secured Area Property Number: 18201330042 Facility 9418 Building 3351 Status: Excess Joint Base McGuire Dix Lakehurst JBMDL

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JBMDL NJ 08641 method to gain access w/out compromising Reasons: Secured Area Landholding Agency: Air Force Nat’l security Ohio Property Number: 18201330043 Reasons: Secured Area Facility 20167 Status: Unutilized 5 Buildings 2310 Eighth St. Comments: DOD personnel only; public Cannon AFB WPAFB OH 43433 access denied & no alternative to gain Cannon NM 88103 Landholding Agency: Air Force access w/out compromising Nat’l security. Landholding Agency: Air Force Property Number: 18201230031 Reasons: Secured Area Property Number: 18201240031 Status: Unutilized Status: Unutilized New Mexico Comments: located w/in controlled fenced Directions: 381, 799, 2112, 2332, 258 3 Buildings perimeter of military installation; public Comments: located on AF controlled Kirtland AFB access denied & no alternative method to installation; restricted to authorized Kirtland AFB NM 87117 personnel only; public access denied & no gain access w/out compromising Nat’l Landholding Agency: Air Force alternative method to gain access w/out security Property Number: 18201220011 compromising Nat’l security Reasons: Secured Area Status: Underutilized Reasons: Secured Area 10 Buildings Directions: 253, 255, 638 WPAFB Comments: Nat’l security concerns; public Building 442 401 N. Chindit Blvd. WPAFB OH 45433 access denied & no alternative method to Landholding Agency: Air Force gain access w/out comprising Nat’l Cannon AFB NM 88103 Landholding Agency: Air Force Property Number: 18201310013 security. Status: Unutilized Reasons: Secured Area Property Number: 18201320002 Status: Unutilized Directions: 10297, 20062, 20096, 20130, Bldg. 30116 Comments: AF controlled installation; public 30153, 30882, 30902, 31190, 30230, 31234 5801 Manzano St SE access denied & no alternative method to Comments: w/in secured installation; public Kirtland AFB NM 87117 gain access w/out compromising Nat’l access denied & no alternative method to Landholding Agency: Air Force security gain access w/out compromising Nat’l Property Number: 18201220012 Reasons: Secured Area security Status: Underutilized Reasons: Secured Area Comments: Nat’l security concerns; public 4 Buildings Kirtland AFB 3 Building access denied & no alternative method to Wright-Patterson AFB gain access w/out comprising Nat’l Kirtland AFB NM 87117 Landholding Agency: Air Force WPAFB OH 45433 security. Landholding Agency: Air Force Reasons: Secured Area Property Number: 18201320037 Status: Unutilized Property Number: 18201320058 6 Buildings Directions: 734, 1912, 37529, 37530 Status: Unutilized Kirtland AFB Comments: Within a military controlled Directions: 00841, 34020, 34065 Kirtland AFB NM 87117 under heightened sec. alter area, public Comments: w/insured gov’t installation; Landholding Agency: Air Force access denied—no alter without public access denied & no alter. w/out Property Number: 18201220013 compromising Nat’l sec. compromising Nat’l sec. Status: Unutilized Reasons: Secured Area Reasons: Secured Area Directions: 37514, 37511, 37509, 37503, 7 Building 3 Buildings 30144, 30108 121st ARW/ANG Comments: Nat’l security concerns; public Kirkland AFB Kirkland AFB NM 87117 Columbus OH access denied & no alternative method to Landholding Agency: Air Force gain access w/out comprising Nat’l Landholding Agency: Air Force Property Number: 18201320038 Property Number: 18201330030 security. Status: Underutilized Reasons: Secured Area Status: Underutilized Directions: 640, 639, 426, 1035, 1103, 954, Directions: 2004,873,670 Bldgs. 573, 855, 859 1103 Comments: Public access denied & no Holloman AFB Comments: w/in a military-controlled under alternative method to gain access w/out Holloman AFB NM 88330 heightened sec. alert area, public access compromising Nat’l security. Landholding Agency: Air Force denied & no alter. w/out compromising Reasons: Secured Area Property Number: 18201220023 Nat’l sec. 848 Pav Grnd Facility Status: Unutilized Reasons: Secured Area Rickenbacker (NLZG) Comments: Nat’l security concerns; public Columbus OH 43217 access denied & no alternative method to Building 848 Holloman AFB Landholding Agency: Air Force gain access w/out comprising Nat’l security Property Number: 18201330044 Reasons: Secured Area Holloman NM 88330 Landholding Agency: Air Force Status: Underutilized 5 Buildings Property Number: 18201330007 Comments: Public access denied & no Holloman AFB Status: Unutilized alternative method to gain access w/out Holloman AFB NM 88330 Comments: Public access denied due to anti- compromising Nat’l security. Landholding Agency: Air Force terrorism/force protection; no alternative Reasons: Secured Area Property Number: 18201220030 method to gain access. Oklahoma Status: Unutilized Reasons: Secured Area Directions: 19, 838, 1197, 847, 1198 Facility 47 Comments: Nat’l security concerns; public North Dakota Altus AFB access denied due to anti-terrorism & no 28 Building AGGN OK 73523 alternative method to gain access w/out JFSD Grand Forks AFB Landholding Agency: Air Force comprising Nat’l security Grand Folks ND 58205 Property Number: 18201230030 Reasons: Secured Area Landholding Agency: Air Force Status: Excess Buildings 782, 793, 1102, 803 Property Number: 18201320043 Comments: public access denied due to anti- Holloman AFB Status: Unutilized terrorism/force protection & no alternative Holloman NM 88330 Directions: 702, 727, 728, 729, 730, 731, 733, method to gain access w/out compromising Landholding Agency: Air Force 726, 725, 724, 723, 722, 720, 719, 718, 717, Nat’l security Property Number: 18201240008 715, 714, 713, 712, 711, 709, 708, 707, 706, Reasons: Secured Area Status: Unutilized 705, 703, 704 Facility 47 Comments: Active military installation; Comments: Not accessible to public & no 501 North First St. public access denied & no alternative alter. w/out compromising Nat’l sec. Altus OK 73523

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Landholding Agency: Air Force Ft. Indiantown Gap AGS, LKLW Comments: authorized military personnel Property Number: 18201240022 Annville PA 17003 only; restricted area; public access denied Status: Excess Landholding Agency: Air Force & no alternative method to gain access w/ Comments: public access denied & no Property Number: 18201330051 out compromising Nat’l security alternative method to gain access w/out Status: Excess Reasons: Secured Area compromising Nat’l security Comments: Public access denied & no Building 712 Reasons: Secured Area alternative method to gain access w/out 240 Knapp Blvd. 4 Buildings compromising Nat’l security. Nashville TN 37217 Altus AFB Reasons: Secured Area Landholding Agency: Air Force Altus OK 73523 South Carolina Property Number: 18201240024 Landholding Agency: Air Force Status: Excess Property Number: 18201240023 Bldg. 211 Comments: located on secured area; public Status: Unutilized 110 Graves Ave. access denied & no alternative method to Directions: 165,65,72,48 Joint Base Charleston SC 29404 gain access w/out compromising Nat’l Comments: secured area; public access Landholding Agency: Air Force security denied & no alternative method to gain Property Number: 18201230055 Reasons: Secured Area Status: Unutilized access w/out compromising Nat’l security Building 750 Comments: located in restricted area; public Reasons: Secured Area South Fourth St. access denied & no alternative method to 2 Buildings Arnold AFB TN 37389 gain access w/out compromising Nat’l Altus AFB Landholding Agency: Air Force security Altus OK 73523 Property Number: 18201240037 Reasons: Secured Area Landholding Agency: Air Force Status: Excess Property Number: 18201310051 Building 433 Comments: located on secured area where Status: Unutilized JBCWS public access denied & no alternative Directions: 267, 335 Goose Creek SC 29445 method to gain access w/out compromising Comments: secured area; public access Landholding Agency: Air Force Nat’l security denied & no alternative w/out Property Number: 18201310007 Reasons: Secured Area compromising Nat’l security Status: Underutilized Facilities 1470 & 1485 Reasons: Secured Area Comments: located w/in secured area; public Arnold AFB 3 Buildings access denied & no alternative method to Arnold AFB TN 37389 Altus AFB gain access w/out compromising Nat’l Landholding Agency: Air Force Altus OK 73521 security Property Number: 18201310063 Landholding Agency: Air Force Reasons: Secured Area Status: Excess Property Number: 18201330036 South Dakota Comments: secured area; public access Status: Unutilized Building 80 denied & no alternative method w/out Directions: 154,171,170 LUXC Joe Foss Field compromising Nat’l security Comments: Public access denied due to anti- Sioux Falls SD 57104 Reasons: Secured Area terrorism/force protection & no alternative Landholding Agency: Air Force Building 131 method to gain access w/out compromising Property Number: 18201330039 320 Post Ave. McGhee Tyson Nat’l security. Status: Excess Louisville TN 37777 Reasons: Secured Area Comments: Public access denied & no Landholding Agency: Air Force Oregon alternative method to gain access w/out Property Number: 18201320045 Building 1004 compromising Nat’l security. Status: Unutilized 6801 NE Cornfoot Rd. Reasons: Secured Area Comments: Secured military installation; Portland OR 97218 Tennessee public access denied & no alter. method w/ Landholding Agency: Air Force out compromising Nat’l sec. ACFT DY RSCH TEST Property Number: 18201240025 Reasons: Secured Area 675 Second St. Status: Unutilized Building 13 Arnold AFB TN 37389 Comments: located on secured area; public 320 Post Ave. McGhee Tyson Landholding Agency: Air Force access denied & no alternative method to Louisville TN 37777 Property Number: 18201230039 gain access w/out compromising Nat’l Landholding Agency: Air Force Status: Underutilized security Property Number: 18201320046 Comments: located in secured restricted area; Reasons: Secured Area Status: Excess public access denied & no alternative Comments: Secured military installation, Building 188 method to gain access w/out compromising public access denied & no alter. w/out 6801 NE Cornfoot Road Nat’l security compromising Nat’l sec. Portland OR 97218 Reasons: Secured Area Landholding Agency: Air Force Reasons: Secured Area 4 Buildings Property Number: 18201320064 Texas Status: Unutilized 2219 Sixth St. Comments: Public access denied & no alter. Arnold AFB TN 37389 11 Buildings method w/out compromising Nat’l sec. Landholding Agency: Air Force Ft. Sam Houston Reasons: Secured Area Property Number: 18201230040 San Antonio TX 78234 Status: Underutilized Landholding Agency: Air Force Building 370 Directions: 2220, 2221, 2222, 2223 Property Number: 18201220014 Portland IAP TQKD (ANG) Comments: located in secured restricted area; Status: Unutilized Portland OR 97218 public access denied & no alternative Directions: 1149, 1151, 1152, 1153, 1154, Landholding Agency: Air Force method to gain access w/out compromising 1158, 1159, 1160, 1161, 1162, 1163 Property Number: 18201330045 Nat’l security Comments: Nat’l security concerns; public Status: Unutilized Reasons: Secured Area access denied & no alternative method to Comments: Public access denied & no gain access w/out comprising Nat’l alternative to gain access w/out Bldg. 708 Nashville IAP security. compromising Nat’l security. Reasons: Secured Area Reasons: Secured Area Nashville TN 37217 Landholding Agency: Air Force 12 Buildings Pennsylvania Property Number: 18201230059 Ft. Sam Houston Pa Ang Bldg. 1–66 Status: Underutilized San Antonio TX 78234

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Landholding Agency: Air Force access denied & no alternative method to Status: Underutilized Property Number: 18201220015 gain access w/out compromising Nat’l Comments: Public access denied & no alter. Status: Unutilized security w/out compromising Nat’l sec. Directions: 2410, 2411, 2412, 2425, 2427, Reasons: Secured Area Reasons: Secured Area 2429, 2430, 2432, 3551, 3552, 3553, 3557 B–6283 Building 1155 Comments: Nat’l security concerns; public 4810 Camp Bullis Lackland AFB access denied & no alternative method to Camp Bullis TX 78257 San Antonio TX 78101 gain access w/out comprising Nat’l Landholding Agency: Air Force Landholding Agency: Air Force security. Property Number: 18201230028 Property Number: 18201330037 Reasons: Secured Area Status: Unutilized Status: Underutilized Bldg. 435 Comments: located w/in secured area; public Comments: Public access denied & no Good fellow AFB access denied & no alternative method to alternative method to gain access w/out Good fellow AFB TX 76908 gain access w/out compromising Nat’l compromising Nat’l security Landholding Agency: Air Force security Reasons: Secured Area Property Number: 18201220016 Reasons: Secured Area Virginia Status: Excess 7 Buildings Comments: Nat’l security concerns; public Bldg. 1994 4810 Camp Bullis Eagle Ave access denied & no alternative method to Camp Bullis TX 78257 gain access w/out comprising Nat’l Hampton VA 23665 Landholding Agency: Air Force Landholding Agency: Air Force security. Property Number: 18201230029 Reasons: Secured Area Property Number: 18201220024 Status: Unutilized Status: Underutilized 4 Buildings Directions: B5288, 5289, 5290, Comments: Nat’l security concerns; public Storage Munitions Cubicle 5291,5292,5293,5294 access denied & no alternative method to Lackland AFB TX Comments: located w/in secured area where gain access w/out comprising Nat’l security Landholding Agency: Air Force public access denied & no alternative Reasons: Secured Area Property Number: 18201220028 method to gain access w/out compromising Status: Unutilized Nat’l security 9 Buildings Directions: 402, 403, 404, 585 Reasons: Secured Area Langley AFB Langley AFB VA 23665 Comments: Nat’l security concerns; public 2.747 Acres access denied & no alternative method to Landholding Agency: Air Force Joint Base San Antonio Property Number: 18201220027 gain access w/out comprising Nat’l security Ft. Sam Houston TX Reasons: Secured Area Status: Underutilized Landholding Agency: Air Force Directions: 1092, 1093, 1094, 1095, 1096, Bldg. 1092 Property Number: 18201310031 1097, 1098, 750, 51 Sheppard AFB Status: Unutilized Comments: Nat’l security concerns; public Sheppard AFB TX 76311 Comments: w/in secured area; public access access denied & no alternative method to Landholding Agency: Air Force denied & no alternative method to gain gain access w/out comprising Nat’l security Property Number: 18201220029 access w/out compromising Nat’l security Reasons: Secured Area Status: Unutilized Reasons: Secured Area Building 37 Comments: Nat’l security concerns; public Building 330 access denied & no alternative method to 48 Dogwood Avenue 291 Flightline Hampton VA 23665 gain access w/out comprising Nat’l security Good fellow AFB TX 76908 Reasons: Secured Area Landholding Agency: Air Force Landholding Agency: Air Force Property Number: 18201330024 15 Buildings Property Number: 18201310056 Status: Underutilized Laughlin AFB Status: Excess Comments: Active military installation; Del Rio TX 78843 Comments: secured area; public access public access denied & no alternative Landholding Agency: Air Force denied & no alternative method w/out method to gain access w/out compromising Property Number: 18201220040 compromising Nat’l security Nat’l security Status: Unutilized Reasons: Secured Area Reasons: Secured Area Directions: 47, 64, 113, 125, 136, 257, 284, Shop A/M Org. B00054 358, 360, 401, 510, 511, 2024, 8081, 9007 Building 297 251 Fourth Ave. Sweeney Blvd. Comments: Nat’l security concerns; public Del Rio TX 78843 access denied & no alternative method to Hampton VA 23665 Landholding Agency: Air Force Landholding Agency: Air Force gain access w/out comprising Nat’l security Property Number: 18201310058 Reasons: Secured Area Property Number: 18201330027 Status: Unutilized Status: Excess 6 Buildings Comments: located on military installation; Comments: Public access denied & no BE Stor Shed public access denied & no alternative alternative method to gain access w/out Randolph AFB TX method w/out compromising Nat’l security compromising Nat’l security Landholding Agency: Air Force Reasons: Secured Area Reasons: Secured Area Property Number: 18201220043 13 Buildings Status: Underutilized Sheppard AFB Washington Directions: B1281, B1282, B1284, B1285, Sheppard AFB TX 76311 4 Buildings B1286, B1287 Landholding Agency: Air Force South Taxiway Rd. Comments: Nat’l security concerns; public Property Number: 18201310059 Fairchild AFB WA 99011 access denied & no alternative method to Status: Underutilized Landholding Agency: Air Force gain access w/out comprising Nat’l security Directions: 527, 528, 596, 690, 691, 692, 693, Property Number: 18201230010 Reasons: Secured Area 776, 790, 791, 792, 793, 794 Status: Underutilized 5 Buildings Comments: secured area; public access Directions: 1024,1023,1026,1021 Good fellow AFB denied & no alternative method w/out Comments: Located within the boundary of Good fellow TX 76908 compromising Nat’l security an active AF installation where public Landholding Agency: Air Force Reasons: Secured Area access denied & no alternative method to Property Number: 18201230027 Building 530 gain access w/out compromising Nat’l Status: Excess 519 I Ave. security Directions: 104, 508, 538, 707, 3070 Sheppard AFB TX 76311 Reasons: Secured Area Comments: anti-terrorism & force protection; Landholding Agency: Air Force Hanger 1025 located w/in restricted area where public Property Number: 18201320044 200 S. Taxiway I Rd.

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Fairchild AFB WA 99011 Naval Support Activity and directions on registering to attend Landholding Agency: Air Force Monterey CA 93940 the meeting, submitting written Property Number: 18201230024 Landholding Agency: Navy material, and/or giving an oral Status: Underutilized Property Number: 77201330034 presentation, please see ‘‘Public Input’’ Comments: Located w/in controlled active Status: Underutilized installation; public access denied & no Comments: Secured area; public access under SUPPLEMENTARY INFORMATION. alternative method w/out compromising denied & no alternative method to gain ADDRESSES: The meeting will be held at Nat’l security access w/out compromising Nat’l security the Omni Royal Orleans Hotel; 621 St. Reasons: Secured Area Reasons: Secured Area Louis Street, New Orleans, LA 70140. 14 Buildings Florida Fairchild AFB FOR FURTHER INFORMATION CONTACT: Fairchild WA 99011 8 Buildings Douglas Hobbs, Council Coordinator, Landholding Agency: Air Force null 4401 North Fairfax Drive, Mailstop Property Number: 18201330014 Tyndall AFB FL 32403 3103–AEA, Arlington, VA 22203; Status: Unutilized Landholding Agency: Air Force telephone (703) 358–2336; fax (703) Directions: 1422, 1421, 1408, 1425, 1424, Property Number: 18201310011 _ Status: Underutilized 358–2548; or email doug hobbs@ 1423, 1426, 1427, 1434, 1438, 1439, 1440, fws.gov. 1441, 1442 Directions: 205, 207, 214, 748, 1277, 1279, Comments: Active munitions area; public 1280, 1476 SUPPLEMENTARY INFORMATION: In access denied & no alternative method to Comments: Restricted military installation; accordance with the requirements of the gain access w/out compromising Nat’l public access denied & no alternative method to gain access w/out compromising Federal Advisory Committee Act, 5 security U.S.C. App., we announce that the Sport Reasons: Secured Area Nat’l security Fishing and Boating Partnership 4 Buildings Reasons: Secured Area Fairchild AFB New Jersey Council will hold a meeting. Fairchild WA 99011 7.0 Acres land for training Background Landholding Agency: Air Force Rounds & Lansdowne Roads Property Number: 18201330016 JBMDL NJ 08733 The Council was formed in January Status: Unutilized Landholding Agency: Air Force 1993 to advise the Secretary of the Directions: 1444, 1449, 1450, K153 Property Number: 18201320023 Interior, through the Director of the Comments: Active munitions area; public Status: Excess Service, on aquatic conservation access denied & no alternative method to Comments: Public access denied & no alter. endeavors that benefit recreational gain access w/out compromising Nat’l w/out compromising Nat’l sec. fishery resources and recreational security Reasons: Secured Area Reasons: Secured Area boating and that encourage partnerships 6 Building [FR Doc. 2013–23925 Filed 10–3–13; 8:45 am] among industry, the public, and Fairchild AFB BILLING CODE 4210–67–P government. The Council represents the Fairchild WA 99011 interests of the public and private Landholding Agency: Air Force sectors of the recreational fishing, Property Number: 18201330022 DEPARTMENT OF THE INTERIOR boating, and conservation communities Status: Unutilized and is organized to enhance Directions: 1478, 1479, 1480, 1482, 1483, Fish and Wildlife Service partnerships among industry, 1484 constituency groups, and government. Comments: Active munitions area; public [FWS–HQ–EA–2013–N219; FF09X60000– The 18-member Council, appointed by access denied & no alternative method to FVWF97920900000–XXX] gain access w/out compromising Nat’l the Secretary of the Interior, includes security Sport Fishing and Boating Partnership the Service Director and the president of Reasons: Secured Area Council the Association of Fish and Wildlife Wyoming Agencies, who both serve in ex officio AGENCY: Fish and Wildlife Service, capacities. Other Council members are Bldg. 945 7505 Booker Rd. Interior. directors from State agencies Cheyenne WY ACTION: Notice of meeting. responsible for managing recreational Landholding Agency: Air Force fish and wildlife resources and Property Number: 18201230062 SUMMARY: We, the U.S. Fish and individuals who represent the interests Status: Unutilized Wildlife Service (Service), announce a of saltwater and freshwater recreational Comments: Located in a secured area; public public meeting of the Sport Fishing and fishing, recreational boating, the access denied & no alternative method to Boating Partnership Council (Council). recreational fishing and boating gain access w/out compromising Nat’l A Federal advisory committee, the industries, recreational fisheries security Reasons: Secured Area Council was created in part to foster resource conservation, Native American partnerships to enhance public tribes, aquatic resource outreach and 3 Buildings FE Warren AF awareness of the importance of aquatic education, and tourism. Background Cheyenne WY 82005 resources and the social and economic information on the Council is available Landholding Agency: Air Force benefits of recreational fishing and at http://www.fws.gov/sfbpc. Property Number: 18201240020 boating in the United States. This Meeting Agenda Status: Unutilized meeting is open to the public, and Directions: 1166, 2277, 835 interested persons may make oral The Council will hold a meeting to Comments: Restricted area; public access statements to the Council or may file consider: denied & no alternative method to gain written statements for consideration. • access w/out compromising Nat’l security Issues related to the Louisiana and Reasons: Secured Area DATES: The meeting will take place the Gulf coast, including fishery Monday, October 28, 2013, from 8:30 management, boating, and tourism; Land a.m. to 4:30 p.m., and Tuesday, October • Issues regarding the Boating California 29, 2013, from 8:30 a.m. to 12:30 p.m. Infrastructure Grant Program and Clean 40′ X 60′ Parcel of Land (Central Daylight Time). For deadlines Vessel Act Grant Program;

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• Updates on the Rigs to Reefs • An update from the Recreational Vision, in particular recommendation Program and the Interior Department Boating and Fishing Foundation on 17: Hunting, Fishing and Outdoor implementation of its ‘‘Idle Iron’’ policy progress in implementing Council Recreation; for decommissioning and removing recommendations to improve the • Other miscellaneous Council unused oil and gas production activities and operations of the business. infrastructure; Foundation; • An update on the activities of the • An update of the Wildlife and Sport The final agenda will be posted on the Federal Interagency Council on Outdoor Fish Restoration Program; Internet at http://www.fws.gov/sfbpc. Recreation (FICOR) in implementing the • An update on the implementation Public Input America’s Great Outdoors Initiative; of the National Wildlife Refuge System

Then you must contact the Council Coordinator (see FOR If you wish to FURTHER INFORMATION CONTACT) no later than

Attend the meeting ...... Friday, October 18, 2013. Submit written information or questions before the meeting for the council to consider during the meeting ...... Friday, October 18, 2013. Give an oral presentation during the meeting ...... Friday, October 18, 2013.

Attendance submit written statements to the proposed Decree requires Defendants to In order to attend this meeting, you Council Coordinator up to 30 days undertake a restructuring of the must register by close of business on the subsequent to the meeting. responsibilities of the PMU and tribal dates listed above in ‘‘Public Input’’ Meeting Minutes government, and implement a series of under SUPPLEMENTARY INFORMATION. changes in operation of the PMU to Summary minutes of the meeting will Please submit your name, time of ensure proper operation of the drinking be maintained by the Council arrival, email address, and phone water systems on the Reservation. The Coordinator (see FOR FURTHER number to the Council Coordinator (see Defendants are also required pay to the INFORMATION CONTACT) and will be FOR FURTHER INFORMATION CONTACT). United States civil penalties of available for public inspection within $1,500.00 within thirty (30) days of the Submitting Written Information or 120 days of the meeting and will be entry of the Decree. Questions posted on the Council’s Web site at http://www.fws.gov/sfbpc. The publication of this notice opens Interested members of the public may a period for public comment on the submit relevant information or Stephen Guertin, Consent Decree. Comments should be questions for the Council to consider Deputy Director. addressed to the Assistant Attorney during the meeting. Written statements [FR Doc. 2013–24314 Filed 10–3–13; 8:45 am] General, Environment and Natural must be received by the date listed BILLING CODE 4310–55–P above in ‘‘Public Input,’’ so that the Resources Division, and should refer to information may be made available to United States v. Gros Ventre and the Council for their consideration prior Assiniboine Tribes of the Fort Belknap DEPARTMENT OF JUSTICE to the meeting. Written statements must Indian Community, and Prairie Mountain Utility, D.J. Ref. No. 90–5–1– be supplied to the Council Coordinator Notice of Lodging of Proposed 1–09823. All comments must be in one of the following formats: One Consent Decree Under the Safe hard copy with original signature, and Drinking Water Act submitted no later than thirty (30) days one electronic copy via email after the publication date of this notice. (acceptable file formats are Adobe On September 26, 2013, the Comments may be submitted either by Acrobat PDF, MS Word, MS Department of Justice lodged a proposed email or by mail: PowerPoint, or rich text file). Consent Decree with the United States District Court for the District of To submit Send them to: Giving an Oral Presentation Montana, Great Falls Division, in the comments: Individuals or groups requesting to lawsuit entitled United States v. Gros make an oral presentation during the Ventre and Assiniboine Tribes of the By email ... pubcomment-ees.enrd@ usdoj.gov. meeting will be limited to 2 minutes per Fort Belknap Indian Community, and By mail ..... Assistant Attorney General, U.S. speaker, with no more than a total of 30 Prairie Mountain Utility, Civil Action DOJ—ENRD, P.O. Box 7611, minutes for all speakers. Interested No. CV–13–82–GF–DLC–RKS (SLR). Washington, DC 20044–7611. parties should contact the Council In this action the United States filed Coordinator, in writing (preferably via a complaint and consent decree email; see FOR FURTHER INFORMATION concurrently seeking injunctive relief During the public comment period, CONTACT), to be placed on the public and civil penalties pursuant to 42 U.S.C. the Consent Decree may be examined speaker list for this meeting. To ensure 300g–3,300i of the Safe Drinking Water and downloaded at this Justice an opportunity to speak during the Act (‘‘SDWA’’) for violations at five Department Web site: http:// _ public comment period of the meeting, public water systems owned and/or www.usdoj.gov/enrd/Consent members of the public must register operated by the Fort Belknap Indian Decrees.html. We will provide a paper with the Council Coordinator. Community and the Prairie Mountain copy of the Consent Decree upon Registered speakers who wish to expand Utility (‘‘PMU’’) and within the exterior written request and payment of upon their oral statements, or those who boundaries of the Fort Belknap Indian reproduction costs. Please mail your had wished to speak but could not be Reservation (‘‘Reservation’’) in Blaine request and payment to: Consent Decree accommodated on the agenda, may and Phillips Counties, Montana. The

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Library, U.S. DOJ—ENRD, P.O. Box for the proper performance of the Justice’s Office of Justice Programs’ 7611, Washington, DC 20044–7611. functions of the agency, including Bureau of Justice Assistance has been Please enclose a check or money order whether the information will have authorized to administer the Law for $10.75 (25 cents per page practical utility; Enforcement Congressional Badge of reproduction cost) payable to the United —Evaluate the accuracy of the agency’s Bravery (CBOB) Program. States Treasury. estimate of the burden of the Others: None. proposed collection of information, (5) An estimate of the total number of Robert Brook, including the validity of the respondents and the amount of time Assistant Section Chief, Environmental methodology and assumptions used; needed for an average respondent to Enforcement Section, Environment and —Enhance the quality, utility, and respond is as follows: Over the first Natural Resources Division. clarity of the information to be three years of this program, and average [FR Doc. 2013–24270 Filed 10–3–13; 8:45 am] collected; and of 184 applications were submitted BILLING CODE 4410–15–P —Minimize the burden of the collection annually. Each application takes of information on those who are to approximately 20 minutes to complete. respond, including through the use of (6) An estimate of the total public DEPARTMENT OF JUSTICE appropriate automated, electronic, burden (in hours) associated with the mechanical, or other technological Office of Justice Programs collection is 61 hours. Total Annual collection techniques or other forms Reporting Burden: 184 × 20 minutes per [OMB Number 1121–0330] of information technology, e.g., application = 3680 minutes/by 60 permitting electronic submission of minutes per hour = 61 hours. Agency Information Collection responses. If additional information is required, Activities; Proposed Collection; please contact Jerri Murray, Department Overview of This Information Comments Requested; Extension of Clearance Officer, United States Collection Currently Approved Collection: Bureau Department of Justice, Justice of Justice Assistance Application (1) Type of information collection: Management Division, Policy and Form; Law Enforcement Congressional Extension of currently approved Planning Staff, Two Constitution Badge of Bravery collection. Square, 145 N Street NE., Washington, (2) The title of the form/collection: DC 20530. ACTION: 30-Day Notice. Law Enforcement Congressional Badge of Bravery (CBOB). Dated: September 30, 2013. The Department of Justice, Office of (3) The agency form number, if any, Jerri Murray, Justice Programs, Bureau of Justice and the applicable component of the Department Clearance Officer for PRA, Assistance, will be submitting the Department sponsoring the collection: United States Department of Justice. following information collection request None. Bureau of Justice Assistance, [FR Doc. 2013–24300 Filed 10–3–13; 8:45 am] for review to the Office of Management Office of Justice Programs, United States BILLING CODE 4410–18–P and Budget (OMB) for review and Department of Justice. approval in accordance with the (4) Affected public who will be asked Paperwork Reduction Act of 1995. This or required to respond, as well as a brief DEPARTMENT OF LABOR proposed information collection is abstract: published to obtain comments from the Primary: BJA’s CBOB Office will use Bureau of Labor Statistics public and affected agencies. This the CBOB application information to proposed information collection was confirm the eligibility of applicants to Proposed Collection; Comment previously published in the Federal be considered for the CBOB, and Request Register, Volume 78, Number 146, pages forward the application as appropriate ACTION: Notice. 45971–45972, on July 30, 2013, allowing to the Federal or the State and Local for a 60 day comment period. CBOB Board for their further SUMMARY: The Department of Labor, as The purpose of this notice is to allow consideration. In General—A Federal/ part of its continuing effort to reduce for an additional 30 days for public State and Local agency head many paperwork and respondent burden, comment until November 4, 2013. This nominate for a Federal/State and Local conducts a pre-clearance consultation process is conducted in accordance with Law Enforcement Badge and program to provide the general public 5 CFR 1320.10 If you have additional individual—(1) who is a Federal/State and Federal agencies with an comments, suggestions, or need a copy and Local law enforcement officer opportunity to comment on proposed of the proposed information collection working within the agency of the and/or continuing collections of instrument with instructions or Federal/State and Local agency head information in accordance with the additional information, please contact making the nomination; and (2) who— Paperwork Reduction Act of 1995 Chris Casto at 202–353–7193, Bureau of (A)(i) sustained a physical injury (PRA95) [44 U.S.C. 3506(c) (2)(A)]. This Justice Assistance, Office of Justice while—(I) engaged in the lawful duties program helps to ensure that requested Programs, U. S. Department of Justice, of the individual; and (II) performing an data can be provided in the desired 810 7th Street NW., Washington, DC act characterized as bravery by the format, reporting burden (time and 20531 or by email at Chris.Casto@ Federal/State and Local agency head financial resources) is minimized, usdoj.gov. making the nomination; and (ii) put the collection instruments are clearly Written comments and suggestions individual at personal risk when the understood, and the impact of collection from the public and affected agencies injury described in clause (i) occurred; requirements on respondents can be concerning the proposed collection of or (B) while not injured, performed and properly assessed. The Bureau of Labor information are encouraged. Your act characterized as bravery by the Statistics (BLS) is soliciting comments comments should address one or more Federal/State and Local agency head concerning the proposed revision of the of the following four points: making the nomination that placed the ‘‘Current Population Survey (CPS).’’ A —Evaluate whether the proposed individual at risk of serious physical copy of the proposed information collection of information is necessary injury or death. The U.S. Department of collection request (ICR) can be obtained

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by contacting the individual listed administered in conjunction with the • Evaluate the accuracy of the below in the ADDRESSES section of this survey. By coupling the basic data from agency’s estimate of the burden of the notice. the monthly survey with the special proposed collection of information, DATES: Written comments must be data from the supplements, one can get including the validity of the submitted to the office listed in the valuable insights on the behavior of methodology and assumptions used. Addresses section below on or before American workers and on the social and • Enhance the quality, utility, and December 3, 2013. economic health of their families. clarity of the information to be ADDRESSES: Send comments to Carol There is wide interest in the monthly collected. Rowan, BLS Clearance Officer, Division CPS data among Government • Minimize the burden of the of Management Systems, Bureau of policymakers, legislators, economists, collection of information on those who Labor Statistics, Room 4080, 2 the media, and the general public. are to respond, including through the Massachusetts Avenue NE., While the data from the CPS are used in use of appropriate automated, Washington, DC 20212. Written conjunction with data from other electronic, mechanical, or other comments also may be transmitted by surveys in assessing the economic technological collection techniques or fax to 202–691–5111 (this is not a toll- health of the Nation, they are unique in other forms of information technology, free number). various ways. Specifically, they are the e.g., permitting electronic submissions FOR FURTHER INFORMATION CONTACT: basis for much of the monthly of responses. Carol Rowan, BLS Clearance Officer, Employment Situation report, a PFEI. Type of Review: Revision of a 202–691–7628 (this is not a toll free They provide a monthly, nationally currently approved collection. number). (See Addresses section.) representative measure of total Agency: Bureau of Labor Statistics. SUPPLEMENTARY INFORMATION: employment, including farm work, self- Title: Current Population Survey employment, and unpaid family work; (CPS). I. Background other surveys are generally restricted to OMB Number: 1220–0100. The CPS has been the principal the nonagricultural wage and salary Affected Public: Households. source of the official Government sector, or provide less timely Total Respondents: 55,000 per month. statistics on employment and information. The CPS provides data on Frequency: Monthly. unemployment for over 70 years. The all job seekers, and on all persons Total Responses: 660,000. labor force information gathered outside the labor force, while payroll- Average Time per Response: 7.5 through the survey is of paramount based surveys cannot, by definition, minutes. importance in keeping track of the cover these sectors of the population. Estimated Total Burden Hours: 82,500 economic health of the Nation. The Finally, the CPS data on employment, hours. survey is the only source of monthly unemployment, and on persons not in Total Burden Cost (capital/startup): data on total employment and the labor force can be linked to the $0. demographic characteristics of the many unemployment. The Employment Total Burden Cost (operating/ groups that make up the Nation’s Situation news release contains data maintenance): $0. population, while the data from most from this survey and is designated as a Comments submitted in response to other surveys are devoid of Principal Federal Economic Indicator this notice will be summarized and/or demographic information. Many groups, (PFEI). Moreover, the survey also yields included in the request for Office of both in the government and in the data on the characteristics of persons Management and Budget approval of the private sector, are eager to analyze this not in the labor force. The CPS data are information collection request; they also wealth of demographic and labor force used monthly, in conjunction with data will become a matter of public record. from other sources, to analyze the extent data. to which, and with what success, the Signed at Washington, DC, this 30th day of II. Current Action September, 2013. various components of the American population are participating in the Office of Management and Budget Eric Molina, economic life of the Nation. clearance is being sought for the Current Acting Chief, Division of Management The labor force data gathered through Population Survey (CPS). A revision of Systems, Bureau of Labor Statistics. the CPS are provided to users in the a currently approved collection is [FR Doc. 2013–24311 Filed 10–3–13; 8:45 am] greatest detail possible, in conjunction needed to provide the Nation with BILLING CODE 4510–24–P with the demographic information timely information about the labor force obtained in the survey. In brief, the status of the population. The CPS labor force data can be broken down by sample has been redesigned based on sex, age, race, ethnicity, marital status, information from the 2010 decennial NATIONAL LABOR RELATIONS family composition, educational level, census, in accordance with usual BOARD disability status, and other practice. Historically, the CPS sample Notice of Procedures To Be Followed characteristics. Through such has been redesigned after each in the Event Board Offices Are Closed breakdowns, one can focus on the decennial census. Due to a Lapse in Appropriated Funds employment situation of specific III. Desired Focus of Comments population groups as well as on general AGENCY: National Labor Relations trends in employment and The Bureau of Labor Statistics is Board. particularly interested in comments unemployment. Information of this type ACTION: that: The National Labor Relations can be obtained only through Board is issuing this notice to advise the • Evaluate whether the proposed demographically oriented surveys such public of procedures to be followed in collection of information is necessary as the CPS. the event that Board offices are closed, The basic CPS data also are used as for the proper performance of the in compliance with the Anti-Deficiency an important platform on which to base functions of the agency, including Act, 31 U.S.C. 1341, et seq., due to a the data derived from the various whether the information will have lapse in appropriated funds. supplemental questions that are practical utility.

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1. Timeliness and Filing of Charges, 2. Postponement of Unfair Labor above, it is the Employer’s obligation to Petitions and Other Papers During a Practice Hearings Before post the Notice of Election for 3 full Shutdown Administrative Law Judges working days prior to the day of the In the event the Board’s offices are election and failure to do so shall be In the event the Board’s offices are grounds for setting aside the election. closed due to a lapse in appropriated closed due to a lapse in appropriated funds, documents may not be filed funds, the parties to hearings before an 4. Notice To Be Posted in the Event of electronically at www.nlrb.gov. The Administrative Law Judge scheduled for a Shutdown Due to a Lapse in Board hereby grants, sua sponte, an the first week of the closure will be Appropriated Funds extension of time to file or serve any notified that the hearing has been postponed. In the event the Board’s offices are document for which the grant of an closed due to a lapse in appropriated extension is permitted by law. The In every case with a hearing scheduled to begin during the week of funds, the Board will post this notice on terms of the extension are that for each October 7, 2013, if by the close of its Web site, www.nlrb.gov. A related day on which the Agency’s offices are business on Friday, October 4, 2013, notice will be posted at each of its closed for all or any portion of the day, there has been no appropriations bill offices to advise the public of one day shall be added to the time for enacted into law or legislation procedures to be followed during the filing or service of the document. authorizing the Board to operate during period of the shutdown. In addition, the Extensions of time for filing cannot the week of October 7, 2013, the hearing recorded message set forth below will be apply to the 6-month period provided will be postponed indefinitely. available on the main phone numbers in by Section 10(b) of the Act for the filing In every case with a hearing each of the Agency’s offices to provide of charges, 29 U.S.C. 160(b), or to scheduled to begin on or after October persons with information regarding how Applications for awards of fees and 14, 2013, if by the close of business on to contact the Agency during the other expenses under the Equal Access the Monday preceding the Monday of shutdown: ‘‘You have reached [OFFICE to Justice Act, 5 U.S.C. 504. However, the week in which the hearing is NAME] at the National Labor Relations with respect to time computations for scheduled there has been no Board. The Agency is currently closed filing and serving charges filed pursuant appropriations bill enacted into law or due to a lapse in appropriated funds. to Section 10(b) or applications filed legislation authorizing the Board to You may leave a message after the tone, pursuant to the Equal Access to Justice operate during the week in which the but this voicemail will not be monitored Act, the Board hereby gives notice of its hearing is scheduled, then the hearing during the shutdown, and your call will intention to construe the phrase will be postponed indefinitely. For not be returned until after the Agency ‘‘Saturday, Sunday, or a legal holiday’’ example, if there has been no resumes normal operations. Please in its rules pertaining to filing and appropriations bill enacted by the close consult the Agency Web site at service, Section 102.111(a), 29 CFR of business Monday, October 7, 2013, all www.nlrb.gov for information on the 102.111(a), to encompass any day on hearings scheduled for the week of effect of the shutdown on filing which the Agency’s offices are closed October 14, 2013 will be postponed deadlines, scheduled hearings, for all or any portion of the day due to indefinitely. representation elections, and the lack of appropriated funds. timeliness of charges and petitions. If 3. Postponement of Representation you are calling about an imminent Notwithstanding the foregoing, Elections and Hearings persons wishing to file a charge threat to human life or property as a pursuant to Section 10(b) of the Act, and All elections and pre and post result of a violation of the National for whom the 6-month period of Section election hearings scheduled to be Labor Relations Act, you should call 10(b) may expire during the interruption conducted any day from October 1, (202) 273–1000, send a fax to (202) 273– in the Board’s normal operations, are through October 11, 2013 have been 4483, or send an email to cautioned that the operation of Section postponed indefinitely. [email protected]. Thank In the event the Board’s offices are 10(b) during an interruption in the you.’’ closed due to a lapse in appropriated Board’s normal operations is uncertain. funds, in every case with an election or FOR FURTHER INFORMATION CONTACT: Gary Consequently, it would be prudent to pre or post election hearing scheduled Shinners, Executive Secretary, National file the charge during the interruption in to be conducted on or after October 14, Labor Relations Board, 1099 14th Street the Board’s operations by faxing a copy 2013, if by the close of business on the NW., Washington, DC 20570, (202) 273– of the charge to the appropriate Regional Tuesday preceding the Monday of the 3737 (this is not a toll-free number), 1– Office. The fax numbers for Regional week in which the election or pre or 866–315–6572 (TTY/TDD). Offices may be found on the Agency’s post election hearing is scheduled there By direction of the Board. Web site, www.nlrb.gov. has been no appropriations bill enacted Dated: Washington, DC, October 1, 2013. Moreover, persons filing a charge are into law or legislation authorizing the William B. Cowen, reminded that it is their responsibility, Board to operate during the week in Solicitor. pursuant to Section 102.14 of the which the election or pre or post [FR Doc. 2013–24362 Filed 10–3–13; 8:45 am] Board’s Rules and Regulations, 29 CFR election hearing is scheduled to be BILLING CODE 7545–01–P 102.14, to serve a copy of the charge conducted, then the election or pre or upon the person against whom the post election hearing will be postponed charge is made. While Regional indefinitely. For example, if there has NATIONAL SCIENCE FOUNDATION Directors ordinarily serve a copy of the been no appropriations bill enacted by charge on a person against whom the the close of business Tuesday, October Advisory Committee for Computer and charge is made as a matter of courtesy, 8, 2013, all elections and pre and post Information Science and Engineering; they do not assume responsibility for election hearings scheduled to be Notice of Meeting such service, and it is unlikely that the conducted during the week of October Agency will be able to serve charges 14, 2013 will be postponed indefinitely. In accordance with Federal Advisory during any period of shutdown due to In each case until the election is Committee Act (Pub. L. 92–463, as a lapse in appropriated funds. postponed per the schedule noted amended), the National Science

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Foundation announces the following of Art,’’ imported from abroad for Information Relay Service (FIRS) at 1– meeting: temporary exhibition within the United 800–877–8339.] Name: Advisory Committee for States, are of cultural significance. The SUPPLEMENTARY INFORMATION: In a Computer and Information Science and objects are imported pursuant to loan decision served on September 10, 2013, Engineering (1115). agreements with foreign owners or the Board denied a petition in Docket Date/Time: Oct 31, 2013: 12:30 p.m. custodians. I also determine that the No. FD 35247 to revoke Grenada to 6:00pm.; Nov 1, 2013: 8:30 a.m. to exhibition or display of the exhibit Railway, LLC’s (GRYR) exemption to 2:00 p.m. objects at The Art Institute of Chicago, acquire and operate a rail line Place: National Science Foundation, Chicago, IL, from on or about October approximately 175.4 miles long between 4201 Wilson Boulevard, Suite 1235, 24, 2013, until on or about January 26, milepost 403.0, at Southaven, Miss., and Arlington, Virginia 22203. 2014; the Williams College Museum of milepost 703.8, near Canton, Miss. (the Type of Meeting: Open. Art, Williamstown, MA, from on or Line). In that same decision, the Board Contact Person: Carmen Whitson, about February 22, 2014, until on or also established this subdocket to assess National Science Foundation, 4201 about May 18, 2014, and at possible the lawfulness of an embargo GRYR Wilson Boulevard, Suite 1105, additional exhibitions or venues yet to imposed on a portion of the Line in Arlington, Virginia 22203 703/292– be determined, is in the national 2011.1 In doing so, the Board directed 8900. interest. I have ordered that Public GRYR to file responses to certain Purpose Of Meeting: To advise NSF Notice of these Determinations be information requests concerning GRYR’s on the impact of its policies, programs published in the Federal Register. embargo and indicated that it would and activities on the CISE community. FOR FURTHER INFORMATION CONTACT: For hold a public meeting, conducted by To provide advice to the Assistant further information, including a list of Board staff, in Mississippi to allow Director for CISE on issues related to the exhibit objects, contact Julie interested persons to appear and speak long-range planning, and to form ad hoc 2 Simpson, Attorney-Adviser, Office of on the effects of the embargo. subcommittees and working groups to the Legal Adviser, U.S. Department of During the public meeting, Board staff carry out needed studies and tasks. State (telephone: 202–632–6467). The will hear comments regarding GRYR’s Agenda: embargo. The meeting will continue • mailing address is U.S. Department of Overview of CISE FY 2014 budget State, SA–5, L/PD, Fifth Floor (Suite until all interested persons or parties priorities and programmatic updates 5H03), Washington, DC 20522–0505. have had an opportunity to speak. • Working group breakout sessions Persons wishing to speak should place • Update from CISE Vision 2025 Dated: September 30, 2013. their names on the list of speakers upon working group Evan M. Ryan, arrival at the Montgomery County • Update from Mid-Scale Infrastructure Assistant Secretary, Bureau of Educational Courthouse. A court reporter will subcommittee and Cultural Affairs, Department of State. transcribe the meeting and prepare a • Welcome from Dr. Cora Marrett, NSF [FR Doc. 2013–24364 Filed 10–3–13; 8:45 am] transcript that will be included in the Acting Director BILLING CODE 4710–05–P public record of the proceeding. • Closing remarks and wrap up All decisions, notices, and filings in Dated: September 30, 2013. this proceeding are available on the Susanne Bolton, DEPARTMENT OF TRANSPORTATION Board’s Web site at ‘‘www.stb.dot.gov.’’ A transcript of the meeting will also be Committee Management Officer. Surface Transportation Board posted on the Board’s Web site. [FR Doc. 2013–24277 Filed 10–3–13; 8:45 am] This action will not significantly BILLING CODE 7555–01–P [Docket No. FD 35247 (Sub-No. 1)] affect either the quality of the human Grenada Railway, LLC—Rail Line in environment or the conservation of energy resources. DEPARTMENT OF STATE Grenada, Montgomery, Carroll, Holmes, Yazoo and Madison Counties, Dated: September 30, 2013. [Public Notice 8494] Miss. By the Board, Rachel D. Campbell, Director, Office of Proceedings. Culturally Significant Objects Imported AGENCY: Surface Transportation Board, Jeffrey Herzig, for Exhibition Determinations: ‘‘focus: DOT. Clearance Clerk. Monika Baer’’ and ‘‘Monika Baer’’ ACTION: Notice of public meeting. [FR Doc. 2013–24313 Filed 10–3–13; 8:45 am] SUMMARY: BILLING CODE 4915–01–P Notice is hereby given of the SUMMARY: Staff members of the Surface following determinations: Pursuant to Transportation Board will hold a public the authority vested in me by the Act of meeting concerning the rail line October 19, 1965 (79 Stat. 985; 22 U.S.C. embargo at issue in the above-titled DEPARTMENT OF VETERANS 2459), Executive Order 12047 of March docket. The purpose of the meeting is to AFFAIRS 27, 1978, the Foreign Affairs Reform and allow interested persons to comment on Advisory Committee on Cemeteries Restructuring Act of 1998 (112 Stat. the effects of the embargo. 2681, et seq.; 22 U.S.C. 6501 note, et and Memorials, Notice of Meeting seq.), Delegation of Authority No. 234 of DATES: Date/Location: The public meeting will take place on Friday, The Department of Veterans Affairs October 1, 1999, Delegation of Authority (VA) gives notice under Federal No. 236–3 of August 28, 2000 (and, as November 15, 2013, beginning at 9:00 a.m., at the Montgomery County appropriate, Delegation of Authority No. 1 Courthouse, 614 Summit St., Winona, The Association of American Railroads (AAR) 257 of April 15, 2003), I hereby embargo number for this embargo is GRYR000111. determine that the objects to be Miss. The Board has taken official notice of the fact that included in the exhibition ‘‘focus: FOR FURTHER INFORMATION CONTACT: the embargo expired as of July 26, 2013. 2 See Grenada Ry.—Rail Line in Grenada, Monika Baer’’ at The Art Institute of Jamie Rennert, (202) 245–0283. Montgomery, Carroll, Holmes, Yazoo, & Madison Chicago and in the exhibition ‘‘Monika [Assistance for the hearing impaired is Cntys., Miss., FD 35247 (Sub-No. 1), slip op. at 4– Baer’’ at the Williams College Museum available through the Federal 6 (STB served Sept. 10, 2013).

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Advisory Committee Act, 5 U.S.C. App. Washington, DC. In the afternoon, the NE., Washington, DC 20002, or by email 2, that a meeting of the Advisory Committee will reconvene at the Board at [email protected]. In the public’s Committee on Cemeteries and of Veterans Appeals Conference Room communications with the Committee, Memorials will be held on October 15– to discuss Committee recommendations, the writers must identify themselves 16, 2013, in Board of Veterans Appeals future meeting sites, and potential and state the organizations, associations, Conference Room 4E.400 at the agenda topics. or persons they represent. Because the Department of Veterans Affairs, 425 I Time will be allocated for receiving meeting is being held in a government Street NW., Washington, DC, from 8:30 public comments at 1 p.m. on both days. building, a photo I.D. must be presented Public comments will be limited to a.m. to 4 p.m. The meeting is open to at the Guard’s Desk as a part of the the public. three minutes each. Individuals wishing clearance process. Therefore, you The purpose of the Committee is to to make oral statements before the advise the Secretary of Veterans Affairs Committee will be accommodated on a should allow an additional 15 minutes on the administration of national first-come, first-served basis. before the meeting begins. Any member cemeteries, soldiers’ lots and plots, the Individuals who speak are invited to of the public wishing to attend the selection of new national cemetery sites, submit 1–2 page summaries of their meeting should contact Mr. Nacincik at the erection of appropriate memorials, comments at the time of the meeting for (202) 632–7223. and the adequacy of Federal burial inclusion in the official meeting record. Dated: September 29, 2013. Members of the public may direct benefits. By Direction of the Secretary. On October 15, the Committee will questions or submit written statements receive updates on National Cemetery for review by the Committee in advance Vivian Drake, Administration issues. On the morning of the meeting to Mr. Michael Nacincik, Committee Management Officer. of October 16, the Committee will tour Designated Federal Officer, Department [FR Doc. 2013–24312 Filed 10–3–13; 8:45 am] the U.S. Soldiers and Airmen’s Home, of Veterans Affairs, National Cemetery BILLING CODE 8320–01–P 3700 North Capitol Street NW., Administration (43A2), 1100 1st Street

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Part II

Department of Commerce

Bureau of Industry and Security 15 CFR Parts 734, 738, 740, et al. Revisions to the Export Administration Regulations (EAR) To Make the Commerce Control List (CCL) Clearer; Final Rule

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DEPARTMENT OF COMMERCE FOR FURTHER INFORMATION CONTACT: regimes. BIS will implement those Timothy Mooney or Robert Monjay, changes, if approved by the multilateral Bureau of Industry and Security Regulatory Policy Division, Bureau of export control regimes, in separate Industry and Security, Department of rulemakings. 15 CFR Parts 734, 738, 740, 742, 748, Commerce, Phone: (202) 482–2440, Fax: To better facilitate intelligibility of the 750, 772, and 774 (202) 482–3355, Email: rpd2@ provisions implemented by BIS, this [Docket No. 110818512–3478–02] bis.doc.gov. final rule identifies new phrases or SUPPLEMENTARY INFORMATION: headings within double quotations. The RIN 0694–AF37 EAR identifies terms defined in part 772 Background with double quotations as well. Not all Revisions to the Export Administration the terms in double quotations in this Regulations (EAR) To Make the This final rule implements changes final rule are defined in part 772. The Commerce Control List (CCL) Clearer proposed on November 29, 2012 in a proposed rule entitled Revisions to the additional double quotations around AGENCY: Bureau of Industry and Export Administration Regulations new phrases, headings, or commonly Security, Commerce. (EAR) To Make the Commerce Control used words, are used in the Background ACTION: Final rule. List (CCL) Clearer. The changes in the section of this final rule to assist in the November 29 proposed rule were also readability of the text. SUMMARY: This final rule implements informed by public comments received The descriptions of the changes changes that were proposed on in response to an advance notice of implemented in this final rule are November 29, 2012 in a proposed rule proposed rulemaking entitled organized under the four subject entitled Revisions to the Export Commerce Control List: Revising headings used in the November 29 Administration Regulations (EAR) To Descriptions of Items and Foreign proposed rule and two additional Make the Commerce Control List (CCL) Availability as part of the President’s subject headings. The descriptions Clearer. The changes in the November Export Control Reform (ECR) Initiative include summaries of the public 29 proposed rule were informed by that was published by BIS on December comments received and BIS’s responses public comments received in response 9, 2010 (75 FR 76664). The December 9 to those comments. The fifth subject to an advance notice of proposed notice sought, among other things, heading describes changes that are being rulemaking entitled Commerce Control public comments on how descriptions implemented as a result of comments List: Revising Descriptions of Items and of items controlled on the Commerce received in response to a notice of Foreign Availability published as part of Control List (CCL) could be made inquiry (NOI) that BIS published on July the President’s Export Control Reform clearer. 5, 2012 (77 FR 39679), entitled Request (ECR) Initiative on December 9, 2010. Although the revisions proposed in for Public Comments on Shipping This final rule implements changes that the November 29 proposed rule Tolerances for Export Licenses Issued by can be made to the CCL without originated with the ECR initiative, the the Bureau of Industry and Security requiring changes to multilateral export November 29 proposed rule and this (BIS). The sixth subject heading control regime guidelines or lists. final rule are consistent with Executive describes clarifications to the final rule This final rule also makes conforming Order 13563. Executive Order 13563 published on April 16, 2013 (78 FR changes and minor clarifications as a requires agencies to review their 22660) entitled Revisions to the Export result of the publication of two final ‘‘existing significant regulations, and Administration Regulations: Initial rules implementing the Export Control consider how best to promote Implementation of Export Control Reform Initiative: the April 16, 2013 retrospective analysis of rules that may Reform (the April 16 (initial final rule entitled Revisions to the be outmoded, ineffective, insufficient, implementation) rule). The public Export Administration Regulations: or excessively burdensome, and to comments BIS received in response to Initial Implementation of Export Control modify, streamline, expand, or repeal the notice of inquiry prompted BIS to Reform; and the July 8, 2013 final rule them in accordance with what has been include these changes in this final rule entitled Revisions to the Export learned.’’ In response to this because they are not only responsive to Administration Regulations: Military requirement, on August 23, 2011, the public comments, but they will also Vehicles; Vessels of War; Submersible Commerce released a plan for the make the CCL clearer and easier to use. Vessels, Oceanographic Equipment; review of its regulations. This proposed The six headings are: Related Items; and Auxiliary and rule was identified by the Department as (1) Clarifications to existing CCL Miscellaneous Items that the President part of its plan for the retrospective controls, including the use of the terms Determines No Longer Warrant Control analysis of regulations and is being ‘‘parts’’ and ‘‘components’’ on the CCL; under the United States Munitions List. implemented today in final form with (2) Changes to conform the CCL to the Lastly, this final rule is making the publication of this final rule. The multilateral export control regime revisions to the EAR as a result of public Department’s plan may be found at: control lists and previous amendments comments received in response to the http://open.commerce.gov/news/2011/ to the EAR; November 29 proposed rule and to a 08/23/commerce-plan-retrospective- (3) Structural changes to improve the notice of inquiry (NOI) entitled Request analysis-existing-rules. clarity of the CCL; for Public Comments on Shipping This rule implements changes that (4) Removal of fourteen Export Tolerances for Export Licenses Issued by can be made to the CCL without Control Classification Numbers (ECCNs) the Bureau of Industry and Security requiring a multilateral regime change. subject to the exclusive jurisdiction of (BIS), that BIS published on July 5, For certain changes BIS identified that the Nuclear Regulatory Commission 2012. would make the CCL clearer, but would (NRC); DATES: Effective Date: This rule is require a multilateral export control (5) Revisions to Shipping Tolerances effective on October 15, 2013, except regime change to implement, the U.S. and removal of all ‘‘Unit’’ paragraphs; that amendatory instructions 25, 28, 31 Government is developing regime and and 35.c to Supplement No. 1 to part change proposals for consideration by (6) Clarifications to the April 16 774 are effective January 6, 2014. the relevant multilateral export control (initial implementation) rule.

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The public comment period for the to improve the CCL, no single rule, the controls. The bulk of the changes November 29 proposed rule closed on including this final rule, can eliminate this final rule is making to the CCL are January 28, 2013. BIS received 10 public the need for review of the CCL to ensure non-substantive and will provide comments in response. When referring that it is clear and the scope reflects the additional regulatory guidance to people to specific comments, BIS identifies current national security and foreign classifying items subject to the EAR. those as Commenters No. 1 through No. policy interests of the United States. One proposed change from the 10. The comments, including the table Some comments addressed issues November 29 rule that is being for the Record of Public Comments, can outside the scope of the November 29 implemented in this final rule will be found on the BIS Web site at proposed rule. BIS did not address these clarify the scope of ECCNs by providing http://efoia.bis.doc.gov/index.php/ comments in this final rule, but it clearer definitions of the terms ‘‘part’’ electronic-foia/index-of-documents. provides a brief overview of the issues and ‘‘component,’’ which is discussed Most commenters thought the raised by the commenters for below. However, this final rule does cumulative impact of the November 29 transparency. Commenter No. 5 include changes that would affect the proposed rule would be beneficial for submitted comments that were scope of one ECCN. Specifically, this exporters and would improve the clarity submitted previously on July 23, 2012 final rule removes ECCN 8A918 and of the CCL. BIS did not accept some of in response to a BIS proposed rule adds certain marine boilers to ECCN the comments and addressed others in dealing with personal protective 8A992, where they would be controlled ways different than the equipment and the proposed ‘‘600 for AT and UN reasons. recommendation. Commenter No. 7, for series’’ ECCN 1A613. This comment is BIS proposed in the November 29 example, commended and fully not addressed in this final rule because proposed rule changes to align the supported the effort by BIS to modify it is outside the scope of the November regulations with the definitions of the CCL in order to make all sections 29 rule, but this comment is being ‘‘part’’ and ‘‘component’’ included in a consistent and the CCL easier to read evaluated along with other comments proposed rule published on July 15, and interpret. Commenter No. 7 agreed received in response to the June 7, 2012 2011 (76 FR 41958) entitled ‘‘Proposed with BIS that the cumulative impact of proposed rule as BIS prepares the final Revisions to the Export Administration the proposed changes should improve rule for publication. Another comment Regulations (EAR): Control of Items the clarity, and hence understanding, of the received that was outside the scope of President Determines No Longer CCL. Commenter No. 7 expressed the November 29 proposed rule dealt Warrant Control Under the United support for the rule, and noted that the with the proposed definition of States Munitions List (USML)’’ increased ease of use of the CCL would ‘‘components’’ that was set forth in the (hereinafter ‘‘the July 15 (framework) especially benefit exporters of items that proposed rule published on July 15, rule’’), which were made final in the may transfer to the CCL as a result of 2011 (76 FR 41958). BIS completed its April 16 (initial implementation) rule. Export Control Reform. Commenter No. review, responded to comments The changes that are implemented in 9 noted that the CCL contains a number received on the definition of this final rule include adding additional of ambiguities and inconsistencies that ‘‘components,’’ and published a references to ‘‘part’’ (although scaled require attention. Commenter No. 9 definition of ‘‘components’’ in the April back considerably compared to what endorsed the recommendations 16 (initial implementation) rule. Lastly, was proposed in the November 29 specified in the November 29 proposed one commenter made a number of proposed rule), and ‘‘component’’ in rule, asserting that the modifications, if suggestions regarding the meaning and certain ECCNs to clarify that the scope implemented, will improve the overall use of the term ‘‘specially designed’’ of those ECCNs also extends to ‘‘parts’’ clarity of the CCL. Commenter No. 3, and regarding other design related terms and ‘‘components’’ even if previously however, was critical of BIS’s proposal on the CCL. These comments are those ECCNs may have only referenced to remove fourteen NRC ECCNs. outside the scope of the November 29 either ‘‘part’’ or ‘‘component,’’ but not Commenter No. 8 objected to the proposed rule. BIS proposed a both terms together. The proposed proposed ‘‘parts’’ and ‘‘components’’ definition of ‘‘specially designed’’ in a definitions of ‘‘part’’ and ‘‘component’’ changes and questioned whether the proposed rule published on June 19, were provided in the November 29 changes in the November 29 rule were 2012, and also an advance notice of proposed rule as a reference, along with too extensive for industry to be able to proposed rulemaking published on the a discussion of the context for the need review in a single proposed rule. same day that requested comments on to make certain conforming changes. Some comments identified specific the feasibility of enumerating ‘‘specially The November 29 proposed rule changes that needed to be made to designed’’ components on the CCL. BIS indicated that the conforming changes achieve the objectives of certain reviewed and responded to comments would not be published in final form proposed changes. Others identified received on the definition of ‘‘specially until the revised definitions of ‘‘part’’ formatting errors or typos in the designed’’ submitted in response to the and ‘‘component’’ were published in November 29 rule. Some commenters June 19 proposed rule. A final definition final form, which occurred, as noted also suggested additional changes that of ‘‘specially designed’’ was published above in this paragraph, in the April 16 were not specifically proposed in the in the April 16 (initial implementation) (initial implementation) rule that is November 29 rule, either by specifically rule. BIS is still evaluating where it may effective on October 15, 2013. Because identifying additional changes or be feasible to remove the term of the relationship between this final highlighting where additional review ‘‘specially designed’’ from non-‘‘600 rule and the initial implementation rule, should be conducted under the CCL series’’ ECCNs on the CCL. this final rule’s effective date is clean-up effort. BIS has incorporated coordinated to become effective on the some of these changes, for example the (1) Clarifications to Existing CCL same day as the initial implementation formatting errors and typos, although Controls, Including the Use of the Terms rule. other changes may need to be addressed ‘‘parts’’ and ‘‘components’’ on the CCL As was noted in the November 29 in subsequent reviews of the CCL. An The majority of changes proposed in proposed rule, BIS is not attempting to effective control list is not static; the November 29 rule and being add additional references to ‘‘parts’’ and therefore, although this final rule implemented in this final rule amend ‘‘components’’ in this final rule that implements a large number of changes the CCL without changing the scope of would change the scope of what the

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affected ECCNs control. In the past, BIS (A) Revisions to ECCN Headings To relationship between these headings had not drawn clear distinctions Clarify Meaning and the ‘‘items’’ paragraph in each of between what was a ‘‘part’’ or Revision to the headings of thirty-one these respective ECCNs. ‘‘component’’ because both terms were ECCNs. In Supplement No. 1 to part Revisions to fourteen ECCNs. In undefined on the CCL. Having newly 774—The Commerce Control List, this addition, this rule adds the phrase ‘‘as defined terms for ‘‘part’’ and final rule revises, to enhance clarity, the follows’’ to the headings of the ‘‘component’’ makes the CCL clearer headings of the following thirty-one following fourteen ECCNs: 0A981, and allows for more nuanced controls to ECCNs: 0A018, 1A995, 1B018 1B115, 2B201, 5D991, 5D992, 5E992, 6A992, be developed, but making the necessary 1C350, 1C355, 1C992, 2A291, 2A991, 6A994, 6A995, 6A997, 6A998, 6B995, conforming changes to the current CCL 2B005, 2B201, 2B109, 2B991, 2B992, 6C994, 6D993 and 9B991, to ensure control text to conform to those new 3B991, 3B992, 4A994, 5A991, 5A992, consistency with the structure of other definitions, while not changing the 5D992, 5E992, 6A997, 6A998, 6B995, ECCNs on the CCL. The phrase ‘‘as intended scope of those existing ECCNs 6D993, 7A103, 7A107, 8A992, 9A004, follows’’ is used on some of the is also an important part to the Export 9A106 and 9B991. This final rule also multilateral export control regime Control Reform effort. BIS encouraged clarifies the relationship between the control lists, which is why the phrase the public to participate in this process headings and the ‘‘items’’ paragraph in appears on the CCL, including in some by reviewing the proposed changes in the List of Items Controlled section of ECCNs that reflect controls applied this area included in the November 29 these thirty-one ECCNs. For example, in unilaterally by the United States based rule. certain ECCNs, the entries include an on domestic foreign policy to conform In the November 29 rule, BIS ‘‘items’’ paragraph, but the ECCN to the structure of the regime-based indicated that if, however, the public heading does not direct people to ECCNs. The multilateral export control believes any of the proposed changes review the ‘‘items’’ paragraph. This rule regimes do not use the phrase ‘‘(see List would change the present scope of the will add the phrase ‘‘(see List of Items of Items Controlled),’’ but this phrase is affected ECCNs, then the public should Controlled)’’ to these ECCN headings. used in many of the multilateral-based submit comments that identify such For other ECCNs listed above, the ECCNs on the CCL. BIS seeks greater changes and explain how the changes heading includes the phrase ‘‘(see List consistency in how CCL headings are would cause the ECCNs to deviate from of Items Controlled),’’ but the placement constructed, in particular how these two their present scope. One commenter did of the phrase is not correct in terms of phrases are used in the ECCN headings. submit comments that were highly what BIS intended to control in the Commenter No. 8 to the November 29 critical of these changes and questioned ECCN. If the phrase appears at the end proposed rule recommended, where the BIS’s assumptions, in particular of the heading, then that means the two phrases appear together at the end whether such conforming changes ‘‘items’’ paragraph in the List of Items of the heading, that the use of ‘‘as would not change the scope of these Controlled section is the exclusive, follows’’ serves no purposes and ECCNs. BIS addresses this comment complete list of the items the ECCN therefore should be removed. Although below in detail, including discussing controls. If, however, the phrase appears BIS agrees there is redundancy in such the additional review conducted by BIS in the middle of the heading, then that cases, BIS desires to maintain and the other agencies that reviewed means only that portion of the heading consistency with the Wassenaar this rule that led to a significant prior to the phrase ‘‘(see List of Items Arrangement, which uses the term ‘‘as reduction in the number of ECCNs Controlled)’’ is specifically identified in follows’’ while at the same time using where ‘‘parts’’ are being added in this the ‘‘items’’ paragraph in the List of the CCL convention of directing the final rule. In addition, in the November Items Controlled section, and that the public to the ‘‘items’’ paragraph when 29 proposed rule, the public was remaining part of the heading (i.e., the needed. Thus, BIS is not accepting the encouraged to review the entire CCL to rest of the heading after the phrase ‘‘(see recommendation in this comment, but identify and comment on any other List of Items Controlled)’’) is an will continue to consider whether ECCN that uses the terms ‘‘parts’’ or exclusive, complete description. additional changes should be made, ‘‘components’’ where additional The placement of the phrase ‘‘(see List including whether multilateral regime changes may be warranted to conform to of Items Controlled)’’ is important for change proposals or discussions in this the intended scope of those ECCNs. ‘‘parts’’ and ‘‘components’’ referred to in area may be warranted. Certain commenters conducted such ECCN headings. If ‘‘parts’’ and ECCN 1C011. This final rule is analysis and made suggestions for ‘‘components’’ references appear before removing the cross reference from the additional changes that are addressed or the phrase, the entry only controls heading of 1C011 to 1C111 because this implemented in this final rule. These ‘‘parts’’ and ‘‘components’’ specifically text is no longer needed as a result of public comments and additional identified in the ‘‘items’’ paragraph in the addition of Supplement No. 4 to Part reviews conducted by BIS and the other the List of Items Controlled section. If, 774—Commerce Control List Order of agencies helped to improve this final however, the phrase is in the middle of Review in the initial implementation rule. the heading and the reference to ‘‘parts’’ rule. Under Step 5 of the new CCL The following describes the changes and ‘‘components’’ appears after the Order of Review, if an item is not included in this final rule, the phrase—such as ‘‘and specially classified by a ‘‘600 series’’ ECCN, then comments received that pertained to designed ‘‘parts’’ and ‘‘components’’ starting from the beginning of the changes proposed in the November 29 therefor’’—that means the ECCN would product group you should analyze each rule, and any additional changes that control ‘‘specially designed’’ ‘‘parts’’ ECCN to determine whether any other are being implemented in this final rule and ‘‘components’’ for any item ECCN in that product group describes as a result of BIS’s review of the identified in the ‘‘items’’ paragraph in the item. This new CCL Order of Review comments and additional analysis the List of Items Controlled section. makes the relationship clear between conducted of the CCL. This rule does not address the definition these two ECCNs, so there is no need to The clarifying changes being of ‘‘specially designed,’’ which was qualify the heading of 1C011 with the implemented in this final rule are as published in the April 16 (initial phrase ‘‘other than those specified in follows: implementation) rule, but rather the 1C111.’’ Therefore, this final rule

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removes those phrases from the heading review the use of ‘‘specifically because it is integrated into a ‘‘major of 1C011. designed’’ on the CCL as it corresponds component,’’ the engine. ECCN 1D993. This rule revises the to the USML categories, and how those The July 15 (framework) rule heading of 1D993 to remove the term categories are revised during the USML- indicated BIS would review the use of ‘‘equipment’’ to be consistent with the to-CCL regulatory process. these two terms on the CCL and would definition of ‘‘equipment’’ added to the likely make clarifications to CCL entries EAR in the April 16 (initial (B) Clarification of the Use of the Terms to conform to the proposed definitions implementation) rule. This ECCN ‘‘parts’’ and ‘‘components’’ on the CCL included in the July 15 (framework) rule currently refers to equipment or The July 15 (framework) rule included under a separate rule. The November 29 materials, but the only ECCNs cross proposed definitions for the terms proposed rule addressed the use of the referenced in the heading are for ‘‘part’’ and ‘‘component.’’ The April 16 terms ‘‘parts’’ and ‘‘components’’ on the controls on materials, so the term (initial implementation) rule included a CCL to ensure these terms were being equipment is not needed in 1D993. BIS final definition for the terms ‘‘part’’ and used in a manner consistent with the did not receive any comments on this ‘‘component.’’ Specifically, the initial final definitions included in the April change, so BIS is implementing this implementation rule, and the July 15 16 (initial implementation) rule. BIS change, as proposed, in this final rule. (framework) proposed rule, defined received a variety of different comments ECCNs 0D001, 3D980, 3E980, 4D980 ‘‘parts’’ as ‘‘any single unassembled on these proposed changes that are and 4E980. This rule revises the element of a component, accessory, or addressed here. headings of ECCNs 0D001, 3D980, attachment which is not normally The terms ‘‘parts’’ and ‘‘components’’ 3E980, 4D980 and 4E980, by removing subject to disassembly without the sometimes have been used the term ‘‘items’’ and adding the term destruction or the impairment of design interchangeably in various ECCNs, ‘‘commodities’’ in its place. BIS makes use. Examples include threaded which may have been the source of this change because in the context of fasteners (e.g., screws, bolts, nuts, nut some confusion. The final definitions these five ECCN headings, the term plates, studs, inserts), other fasteners included in the initial implementation ‘‘commodities’’ is more accurate and (e.g., clips, rivets, pins), common rule were developed to provide clear, specific regarding the scope of these hardware (e.g., washers, spacers, distinct definitions for both these terms entries. BIS did not receive any insulators, grommets, bushings), springs and other terms such as ‘‘end item,’’ comments on this change, so BIS is and wire.’’ ‘‘system,’’ ‘‘accessories,’’ and implementing this change, as proposed, ‘‘attachments,’’ to align with the The April 16 (initial implementation) in this final rule. definitions of these terms in the rule, and the July 15 (framework) rule, ECCN 2B998. The heading of 2B998 International Traffic in Arms uses the undefined term ‘‘units.’’ To add defined ‘‘components’’ as an item that is Regulations (ITAR). See 22 CFR § 121.8. greater specificity regarding what the useful only when used in conjunction Such distinctions are significant for term ‘‘unit’’ is intended to cover in this with an ‘‘end item.’’ Note that purposes of determining whether an ECCN, this rule modifies the heading by components are also commonly referred ECCN applies to an item. removing the term ‘‘units’’ and adding to as assemblies. For purposes of this If an ECCN does not include a control the term ‘‘circuit boards.’’ This change new definition that was added to the on ‘‘parts’’ or ‘‘components,’’ then that will clarify that ‘‘circuit boards’’ are the EAR on April 16, 2013, in the initial ECCN would not, by definition, apply to items covered under the heading of implementation final rule that becomes the export of any particular ‘‘parts’’ or 2B998. BIS did not receive any effective on October 15, 2013, an ‘‘components.’’ However, as mentioned comments on this change, so BIS is assembly and a component are the above, the terms ‘‘parts’’ and implementing this change, as proposed, same. Additionally, there are now two components’’ have sometimes been used in this final rule. types of ‘‘components’’: ‘‘Major interchangeably. Therefore, to ensure ECCNs 3A980 and 3A981. This rule components’’ and ‘‘minor components.’’ that once the definition of ‘‘part’’ and adds the term ‘‘therefor’’ immediately A ‘‘major component’’ includes any ‘‘component’’ are added to the EAR the before the term ‘‘n.e.s.’’ to the headings assembled element which forms a scope of existing controls is not of ECCNs 3A980 and 3A981. This rule portion of an ‘‘end item’’ without which narrowed, the November 29 rule makes this change to emphasize that the end item is inoperable. For example, proposed adding additional references these ECCNs refer only to components for an automobile, components include to ‘‘parts’’ or ‘‘components,’’ in of the subject voice print equipment and the engine, transmission, and battery. If particular for ECCNs that are based on polygraph equipment. BIS did not you do not have all those items, the the multilateral export control regime receive any comments on this change, automobile will not function, or control lists. The November 29 rule took so BIS is implementing this change, as function as effectively. A ‘‘minor a cautious approach, possibly erring on proposed, in this final rule. component’’ includes any assembled the side of potential over control versus ECCN 9A004. Commenter No. 7 element of a ‘‘major component.’’ Note under control when making these suggested the term ‘‘specifically also that ‘‘components’’ consist of conforming changes for ‘‘parts’’ and designed’’ should be replaced with ‘‘parts.’’ ’ References in the CCL to ‘‘components,’’ in particular for the ‘‘specially designed’’ on the CCL ‘‘components’’ include both ‘‘major addition of ‘‘parts’’ to entries that only wherever it occurs. The November 29 components’’ and ‘‘minor components.’’ identified components. proposed rule did not propose this Another example for applying the Under the current EAR, many of the change to ECCN 9A004. Commenter No. definition of ‘‘component’’ in the ECCNs based on the multilateral control 7 noted that ECCN 9A004 still uses automobile context would be a fuel lists reference ‘‘components,’’ but not specifically designed ‘‘parts’’ and pump and the engine. Under this ‘‘parts.’’ For these entries where parts ‘‘components’’ as opposed to ‘‘specially additional example, the fuel pump is a were not referenced, the U.S. designed.’’ For consistency this minor component of an automobile, as Government had to take into account in commenter suggested ‘‘specially it is an assembled element of a ‘‘major drafting the November 29 rule how the designed’’ should be used all the time component,’’ the engine. While the car U.S. Government has interpreted these on the CCL. As part of the Export will not function without the fuel ECCNs as well as how the other Control Reform Initiative, BIS will pump, it is not a ‘‘major component’’ multilateral regime members have

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interpreted these ECCNs to determine reflect how BIS has interpreted the proposed rule, and was given ample whether the intent of the U.S. scope of these ECCNs in the past. These opportunity to review and comment on Government and the other regime changes proposed in the November 29 those proposed definitions. The April members was for these entries to rule were not opposed by any of the 16 (initial implementation) final rule include ‘‘parts.’’ In certain contexts BIS public comments received. that includes the definitions for these has determined the intent of the U.S. Consistent with the April 16, 2013 terms was informed by such public Government and the respective final definitions of ‘‘part’’ and comments. The definitions of ‘‘part’’ multilateral regimes is to also control ‘‘component’’ included in the initial and ‘‘component’’ included in the initial ‘‘parts.’’ However, in other contexts after implementation rule, BIS is implementation rule did not further review, BIS has determined the implementing a number of changes to substantively change from what was addition of ‘‘parts’’ is not needed, and the CCL to incorporate the terms ‘‘parts’’ originally proposed in the July 15 therefore this final rule does not add and ‘‘components’’ in specific ECCNs. (framework) rule. references to ‘‘parts.’’ The Departments However, as noted above, BIS has Commenter No. 8 also stated as part of State and Defense, along with other significantly scaled back the number of of their rationale that the proposed rule agencies that reviewed this final rule, ‘‘parts’’ additions included in the final tries to accomplish far too much at one assisted BIS in making these rule. The primary purpose of these time. BIS acknowledges that the determinations. These determinations ECCN changes is to conform to those proposed rule was large. However, the were focused on making sure that the definitions and to ensure that no proposed rule clearly identified the conforming changes for ‘‘parts’’ and substantive changes are made to the proposed changes and the rationale for ‘‘components’’ being implemented in current U.S. Government interpretation the various clarifying changes to ‘‘parts’’ this final rule are consistent with past of these ECCNs. and ‘‘components.’’ The public, including all potentially affected practice and would not result in a Public Comments Received for industries, was given adequate notice to change in existing controls. Clarifying the Use of the Terms ‘‘parts’’ As noted in the November 29 rule, review the proposed changes and and ‘‘components’’ on the CCL over the mid- to long-term, BIS will submit comments. Certain specific work with the other U.S. Government The following discusses the examples were provided by agencies involved in the multilateral comments received regarding the commenters, such as Commenter No. 6 regimes, in particular the Department of clarification of the use of the terms that noted in certain places the State as the lead representative to the ‘‘parts’’ and ‘‘components’’ on the CCL. importance of the use of ‘‘and’’ or ‘‘or’’ multilateral export control regimes, to Two commenters supported the as it related to certain technology raise in the respective multilateral ‘‘parts’’ and ‘‘components’’ changes. ECCNs. BIS made clarifying changes to export control regimes whether certain Commenter No. 6 noted that the certain technology ECCNs as a result of ECCNs should be limited to definition of ‘‘part’’ and ‘‘component’’ is these comments regarding ‘‘and’’ or ‘‘components’’ or ‘‘parts’’ or some other a welcome clarification.’’ Commenter ‘‘or.’’ The specific technology ECCNs subset of ‘‘components,’’ such as major No. 7 also indicated these changes that were revised to address the ‘‘and’’ components or minor components. should resolve ambiguities about ECCN or ‘‘or’’ issue are discussed elsewhere in Based on the public comments coverage and enable companies to this rule under the specific ECCNs. received, there appears to be some correctly classify items falling under Over time if the public identifies degree of disparate interpretation each of these designations. BIS agrees additional entries where changes should regarding whether some of these ECCNs with these comments. Commenters No. be made to ‘‘parts’’ and ‘‘components,’’ are intended to also include ‘‘parts.’’ For 6 and 7 support BIS’s rationale for these BIS may make additional clarifications example, Commenter No. 8 believes that changes and provide additional to such controls, including in the vast majority of contexts, these rationale highlighting the benefits and implementation of multilateral export ECCNs are not intended to reach need to make these changes. control regime changes, if approved by ‘‘parts.’’ However, Commenters No. 6 One commenter opposed the ‘‘parts’’ the relevant regime. and 7 supported the conforming and ‘‘components’’ changes. Commenter Commenter No. 8 also opposed these changes, including those involving the No. 8 opposed the ‘‘parts’’ and changes, asserting that these changes addition of ‘‘parts.’’ Because BIS in the ‘‘components’’ changes because central will cost exporters substantially more past had not defined or clearly to the proposed ‘‘parts’’ and time to evaluate whether the numerous distinguished between these two terms, ‘‘components’’ changes are the additions of ‘‘parts’’ or ‘‘components’’ it is not surprising to BIS that certain definitions of ‘‘specially designed’’ and will change the scope of an ECCN in a commenters would arrive at differing ‘‘component,’’ respectively. This material way for their operations. This determinations regarding whether commenter noted that it is difficult to commenter noted that a substantial current ECCNs that do not include gauge the impact of the proposed amount of time will also be required for ‘‘parts’’ are intended to also include changes in this area set forth in this rule exporters to evaluate the numerous ‘‘parts.’’ without knowing the definitions of inherent ambiguities the additions Many unilateral ECCNs on the CCL these terms. BIS acknowledges that create in given ECCNs. BIS does not refer to ‘‘parts’’ but not ‘‘components.’’ these other terms have been proposed in agree that the addition of ‘‘part’’ or For unilateral ECCNs, BIS has more other proposed rules being implemented ‘‘component’’ references by this rule discretion in whether these ECCNs under the ECR Initiative. BIS made this will require exporters to spend should control ‘‘parts’’ and explicit in the November 29 proposed substantially more time to determine the ‘‘components.’’ However, for rule by including references to the scope of the potentially relevant ECCN. consistency with the approach definitions of ‘‘part’’ and ‘‘component’’ Interested members of the public had implemented for the multilateral-based included in the July 15 (framework) adequate notice to review the proposed ECCNs in this final rule, and to ensure rule. The public was informed in the changes and submit comments as the the scope of the unilateral ECCNs is not November 29 proposed rule that those November 29 proposed rule included a changed, this final rule is adding proposed definitions should be used as 60-day public comment review period. references to ‘‘parts’’ and ‘‘components’’ they evaluate the clarifying changes that The preamble to the rule also identified as needed in the unilateral ECCNs to were proposed in the November 29 changes to ‘‘parts’’ and ‘‘components’’

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and provided a considerable amount of in order to maintain the intended scope the CCL would become decontrolled detail regarding what was changing and of control. once the EAR adopted in Part 772 the why. Based on the comments received, However, Commenter No. 8 also ITAR’s definition of ‘‘part.’’ Thus, this BIS and the other agencies as mentioned argued that ‘‘parts’’ and ‘‘components’’ conforming change will bring the non- above conducted a review of all the cover very different things, so BIS ‘‘600 series’’ into alignment with the ‘‘parts’’ and ’’ components’’ changes, cannot interpret them interchangeably. structure of both the ITAR and the ‘‘600 which resulted in a significant scaling The commenter noted that even if BIS series’’ ECCNs. As noted above, back of the ‘‘parts’’ changes. The sometimes interprets the terms ‘‘parts’’ Commenters No. 6 and 7 view the proposed rule and the comments and ‘‘components’’ interchangeably, the greater specificity as a benefit to received along with the subsequent U.S. new proposed definitions of those terms exporters, so although these ‘‘parts’’ and Government review led to a better final describe very different items and will, ‘‘components’’ changes are integral to rule that more clearly achieves the therefore, require that those terms cover the larger USML-to-CCL process now stated objectives for the conforming different items. To add one or the other under way under the ECR Initiative, ‘‘parts’’ and ‘‘components’’ changes. of those terms to an ECCN in which it these changes will also make the overall As noted earlier, exporters and any does not currently appear will CCL clearer. other affected party may also submit dramatically change the scope and Commenter No. 8 also noted that additional suggestions for clarifications coverage of the ECCN. BIS agrees that adding one term or another to an to the CCL at any time, so if in the future the terms ‘‘part’’ and ‘‘component’’ ECCN’s heading as a matter of course to someone wishes to submit suggestions under the new definitions will be ensure the heading includes both terms for further clarifying the use of ‘‘parts’’ distinct. Prior to the addition of a will inevitably create new ambiguities and ‘‘components,’’ they may do that at definition for ‘‘part’’ and ‘‘component’’ in interpreting an ECCN. BIS clearly any time consistent with § 756.1(a)(1) of by the initial implementation rule, BIS described the intent of these changes in the EAR. had not used the same level of the proposed rule and then requested Commenter No. 8 also requested that specificity in interpreting the scope of the public to review each of these the undefined terms parts and changes and to identify any changes that BIS publish several proposed rules components as used on the CCL. If the either were not consistent with how proposing ‘‘parts’’ and ‘‘components’’ to entry used the term ‘‘part,’’ BIS typically they interpret the scope of these ECCNs be evaluated for each industry or related also interpreted the entry to extend to or created any perceived ambiguity. BIS ECCNs. This commenter suggested that components. Similarly, when the entry received comments on this issue that one option would be to propose ‘‘parts’’ used the term ‘‘components,’’ BIS in the related to ECCNs 1C007, 2A292 and and ‘‘components’’ rules for fewer context of certain entries interpreted 6A992, 2B116, and 3A001 and analyzed ECCNs at a time, and possibly only those entries to extend also to parts. them as follows: pertaining to similar products or More importantly, because the terms ECCN 1C007. Commenter No. 7 industries, so that BIS can be more part and component were not defined, suggested BIS replace ‘‘components’’ in confident that exporters will have this was not perceived as an issue. 1C007 with the term ‘‘ingredients,’’ identified and evaluated any However, now that the two terms are which the commenter thought makes unintended scope changes and defined, and as indicated in the more sense in this materials category. ambiguities that may arise. BIS does not comment cover different commodities, BIS did not propose this change in the believe that such an approach is there is a need to specify in the context November 29 rule, but understands the warranted based on the reasons noted of each ECCN what was intended. rationale for the suggestion. However, above. Commenter No. 8 also argued that BIS is addressing the commenter’s Commenter No. 8 also questioned treating ‘‘parts’’ and ‘‘components’’ as suggestion by not adding quotes around BIS’s premise that these changes were interchangeable is counter to the ECR the term components in 1C007.e. BIS is limited to making clarifications to the goal of harmonizing terms and concepts not adding quotes around the reference CCL. This commenter argued that across the USML and CCL. This to ‘‘components’’ in 1C007.e, because references to ‘‘parts’’ and ‘‘components’’ commenter noted that the USML the controls are for ‘‘carbon and will significantly change the scope of maintains separate definitions of ‘‘part’’ nitrogen components,’’ which is many well established ECCNs. This and ‘‘component.’’ Because one of the interpreted as a single term for purposes commenter disputed BIS’s assertion that goals of export control reform is to of 1C007.e, in this final rule. This is the addition of the term ‘‘parts’’ or harmonize terms and concepts across similar to the rationale provided below ‘‘components’’ to numerous ECCNs, to regulatory regimes, the notion that for why quotes are not being used in ensure they include both terms, will not ‘‘parts’’ and ‘‘components’’ are ECCNs 3A001.b, 3A982 and 3D982 in change the CCL substantively. BIS ‘‘interchangeable’’ terms in the EAR will this final rule. stated in the November 29 proposed potentially create confusion and ECCNs 2A292 and 6A992. BIS rule that one of the objectives was to not drafting problems as items move from received comments from Commenter change the scope of the ECCNs. As a the USML to CCL, or as well as when No. 8 in response to the proposed result of this concern raised by the planned consolidation of the two changes to the ‘‘unit’’ paragraph in Commenter No. 8, BIS and the other control lists eventually occurs. BIS does ECCNs 2A292 and 6A992. However, as agencies reevaluated the ‘‘parts’’ and not agree that treating the undefined noted elsewhere in this final rule, BIS ‘‘components’’ changes and were able to terms ‘‘parts’’ and ‘‘components’’ as is not implementing the proposed identify a large number of ECCNs where interchangeable is counter to the ECR changes to the ‘‘unit’’ paragraphs the ‘‘parts’’ additions were not needed, goal of harmonizing terms and concepts because this final rule is removing the and thus are not being implemented in across the USML and CCL. BIS is ‘‘unit’’ paragraph from all ECCNs on the this final rule. This change also making the changes as part of the larger CCL as part of the effort to simplify the addresses the clarity issues raised by effort to begin the harmonization shipping tolerance provisions under the Commenter No. 8. This reevaluation between the EAR and the ITAR of key EAR that are also being implemented in confirmed that the remaining ECCNs terms. If BIS did not make the changes, this final rule. For these reasons, BIS is included in this rule where ‘‘parts’’ are then ‘‘parts’’ that are within the scope not implementing the changes suggested being added need ‘‘parts’’ to be added of the word ‘‘components’’ throughout in the comments to 2A292 and 6A992.

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ECCN 2B116. Commenter No. 8 noted commenter believed the U.S. described in the paragraphs below in a specific ECCN example (2B116) as a Government should submit this change more detail. basis for their concern regarding the use to the Wassenaar Arrangement. This ‘‘Parts’’ is used, but ‘‘specially of ‘‘parts.’’ This commenter noted that commenter believes these proposed designed’’ ‘‘components’’ or the November 29 rule proposed to add changes will require consent of WA ‘components’ as follows’’ is intended or ‘‘parts’’ to 2B116, which currently members before they can be made. The ‘‘specially designed’’ ‘‘parts’’ and covers only ‘‘components’’ for relevant same is true with other proposed ‘‘components’’ is intended. In three vibration test systems. This commenter changes to other CCL entries that are ECCNs, the term ‘‘parts’’ is used, but the was concerned that none of items listed based on other multilateral regimes, term ‘‘specially designed’’ in 2B116, however, would likely be such as the Australia Group (AG). This ‘‘components’’ is intended. This final considered a ‘‘part’’ under the new commenter encouraged BIS to consult rule removes the term ‘‘parts’’ and definition. This commenter believed with the other regime members before replaces it with the terms ‘‘specially that if implemented, exporters would these changes are made because failing designed’’ ‘‘components’’ in the then be left with uncertainty as to to do so could lead to a different scope following three ECCNs: 0A979, 3A980, whether an item that could be of coverage in the U.S. and 3A981. This rule removes the term considered a ‘‘part’’ of a covered The United States is a member of the ‘‘part’’ and replaces it with the terms vibration system is controlled. BIS does four major multilateral export control ‘‘specially designed’’ ‘‘parts’’ and not believe any changes for clarity need regimes. In accordance with the terms of ‘‘components’’ in the following four to be made for 2B116. The subsequent membership of these regimes, the CCL ECCNs: 0A982, 0A983, 0A985, and review conducted by the U.S. is consistent with the control lists used 0A986. In ECCNs 0A984 and 0A987, the Government of the ‘‘parts’’ changes by the respective multilateral export term ‘‘parts’’ is used, but the term determined in the context of 2B116 that control regimes, although there is ‘‘components’’ or ‘‘ ‘‘components’’ as ‘‘parts’’ is needed in order to maintain national discretion in how those lists follows’’ is intended. This rule removes the intended scope of control. Moreover, are implemented in the various member the term ‘‘parts’’ and replaces it with the BIS believes with ‘‘(see List of Items countries’ controls. BIS’s interpretation term ‘‘components’’ or ‘‘ ‘‘components’’ Controlled)’’ appearing at the end of the of the usage of the term ‘‘parts,’’ which as follows’’ in these ECCNs. BIS is entry, there should be no confusion as informed the proposed changes implementing these changes, as to what is controlled because only the included in the November 29 proposed proposed, in this final rule. The hybrid term ‘‘component parts’’ is items listed are controlled. This rule, was that ‘‘parts’’ generally fall used, but ‘‘parts’’ and ‘‘components’’ is interpretation also aligns with the under ‘‘components’’ for the typical WA intended. In certain ECCNs, the hybrid original Missile Technology Control control text. BIS applies this same undefined term ‘‘component parts’’ is Regime (MTCR) text and interpretation interpretation to the other multilateral used, but the intent is ‘‘parts’’ and regarding the scope of this entry. control lists, which also informed the ‘‘components.’’ This final rule changes Therefore, for the reasons noted above, changes included in the November 29 BIS is implementing the changes, as ECCN 3A201 to bring its meaning into proposed rule. However, based on the alignment with this intent by changing proposed; in this final rule. concerns raised by Commenter No. 8, ECCN 3A001. Commenter No. 8 also ‘‘component parts’’ to ‘‘parts’’ and the U.S. Government, including the noted ECCN 3A001.c as an example of ‘‘components.’’ BIS is implementing Department of State, conducted an their specific concerns about the use of these changes, as proposed, in this final additional review of the ‘‘parts’’ and ‘‘parts.’’ This commenter thought this rule. This same issue appears in some ‘‘components’’ changes that were change would result in new compliance of the ‘‘xY018’’ ECCNs on the CCL, but included in the November 29 rule. This obligations for companies that deal in given that those ECCNs will be less complex elements (‘‘parts’’) of a review, as noted above, resulted in a addressed in the ongoing USML-to-CCL covered wave device. The subsequent significant reduction in the number of process as those items in the ‘‘xY018’’ review conducted by the U.S. ECCNs where ‘‘parts’’ is added in this ECCNs are moved to the ‘‘600 series’’ Government of the ‘‘parts’’ changes final rule, in particular for many of the ECCNs, the November 29 proposed rule determined in the context of 3A001 that Wassenaar Arrangement-based ECCNs. did not propose making changes to ‘‘parts’’ is not needed in order to In the remaining ECCNs where ‘‘parts’’ those ‘‘xY018’’ entries. maintain the current scope of control. is being added, the U.S. Government has ‘‘Parts’’ or ‘‘components’’ is used, but Therefore, BIS is not implementing this determined that the intent in the context ‘‘parts’’ and ‘‘components’’ is intended. change to 3A001 and to all other ECCNs of these ECCNs, including the Because the terms ‘‘parts’’ and where the subsequent review multilateral based ECCNs, is that ‘‘components’’ are currently used determined ‘‘parts’’ was not needed in ‘‘parts’’ is needed in order to maintain interchangeably in the context of several order to maintain the current scope of the current scope of control. entries on the CCL, maintaining current control. In the future, if one of the respective controls while adopting definitions for Commenter No. 8 also noted that the multilateral regimes specifies under one these words requires the use of both ‘‘parts’’ and ‘‘components’’ changes are of the multilateral-based entries that words in each of the seventy-two ECCNs not consistent with multilateral regime such entries are intended to only reach where one of those terms is currently control lists. This commenter asserted ‘‘components’’ or some other used but both terms are intended. This the proposed rule makes changes to formulation, BIS will implement those will ensure that existing ECCNs many ECCNs that are governed by changes to the respective entries on the maintain the same controls that existed multilateral export control regimes, CCL consistent with the U.S. when the terms were undefined, so that including WA, which BIS acknowledges Government’s multilateral regime ‘‘parts’’ and ‘‘components’’ will is a correct statement. Commenter No. 8 commitments. encompass all subsidiary elements of a indicated that adding ‘‘parts’’ to CCL The November 29 rule proposed complete system in the context of these headings represents a significant change changes implemented in this final rule ECCNs. The November 29 rule proposed and marked expansion of scope of the revise one hundred and one ECCNs on adding ‘‘parts’’ or ‘‘components’’ to one current entries and is not consistent the CCL where the term ‘‘parts’’ or hundred and forty-six ECCNs, but after with specific WA language. This ‘‘components’’ is used, as identified and further review conducted by the U.S.

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Government, BIS determined only the meaning of the phrase. ‘‘Electronic ECCN 9E003. Commenter No. 6 noted seventy-two ECCNs needed ‘‘parts’’ or components;’’ although undefined; is that although they supported the ‘‘components’’ added in order to interpreted as a single term for purposes addition of the conforming changes for maintain the current scope of control. of 3A001. For similar reasons, BIS is not ‘‘parts’’ and ‘‘components,’’ for certain The significant reduction in the number adding quotes around the reference to technology entries using ‘‘and’’ instead of these changes is from the reduction ‘‘components’’ in 3A001.b because the of ‘‘or’’ between ‘‘parts’’ and in the number of ECCNs where ‘‘parts’’ controls are for microwave or millimeter ‘‘components’’ may inadvertently allow is being added in this final rule. BIS, in wave components, which is interpreted the release of certain technology. This consultation with the other agencies and as a single term for purposes of 3A001.b, commenter noted that the proposed multilateral export control regimes, as well as the references to the phrase rules used the phrases ‘‘parts’’ or intends to revise these entries in the microwave or millimeter wave ‘‘components’’ and ‘‘parts’’ and future to further refine the CCL controls, components in the headings of ECCNs ‘‘components’’ interchangeably. The but BIS has determined the changes 3A982 and 3D982 in this final rule. commenter further asserted that there being implemented in this final rule are This final rule inserts ‘‘components’’ are cases where this may cause some the only ones needed at this time and and adds quotation marks in the readers to read the control as being are consistent with the current following eight ECCNs: 2A994, 2B201, narrower than intended, specifically in multilateral regime control lists. 5A980, 6A203, 6B995, 8A992, 9A106, ECCNs 9E003.a.7, 9E003.a.8, and This final rule will insert ‘‘parts’’ and and 9A991. In this final rule, BIS is 9E003.c. In the case of the proposed add quotation marks in the following implementing these changes as wording for 9E003.a.7, Commenter No. sixty-four ECCNs (in the November 29 proposed, except 2A292, 2B001 (in the 6 asserted this could be interpreted to proposed rule ‘‘parts’’ was to be added heading), and 9A012 will not be mean that the ‘‘technology’’ is in one hundred and twenty-seven changed based on the subsequent U.S. ‘‘required’’ only if it applies to both ECCNs): 1A001, 1A002, 1A102, 1A995, Government review of the ‘‘parts’’ and ‘‘parts’’ and ‘‘components’’, which is 1B003, 1B101, 1B102, 1B115, 1B117, ‘‘components’’ changes included in the narrower than the ‘‘technology’’ for 1B118, 1B119, 1C117, 2A991, 2B109, November 29 rule. either item. This commenter 2B116, 2B229, 2B351, 2B352, 2B992, This final rule will add quotation recommended using ‘‘or’’ in these three 2B998, 2D351, 3A101, 3A201, 3A292, marks to the existing term items paragraphs of 9E003. However, as 3A999, 3B991, 3B992, 3D991, 3E982, ‘‘components’’ in the following fifty-two a result of this comment, BIS also 3E991, 4A101, 4A994, 5A991, 6A107, ECCNs: 1A004, 1A005, 1A006, 1A008, evaluated the other entries where 6A203, 6A991, 6B995, 6E001, 6E002, 1B001, 1C007, 2A001, 2B003, 2B004, conforming changes for ‘‘parts’’ and 6E993, 7A101, 7A102, 7A103, 7A104, 3A003, 3B001, 3B002, 3E001, 4A001, ‘‘components’’ were being made and 7A105, 7A107, 7D101, 7E101, 8A002, 4A003, 4A004, introductory text of Note determined that ‘‘and’’ should also be 8A992, 9A004, 9A010, 9A011, 9A106, 1, the N.B.2 and Note 2 that replaced with ‘‘or’’ in the following two 9A108, 9A109, 9A111, 9A120, 9B001, immediately follows the Category 5 Part ECCNs: 2B201 note to .a, and 9B009 9B002, 9B009, 9B115, 9B116 and 9E003. 1—Telecommunications, 5A001, 5A002, heading. BIS is implementing these changes as 5A992, 5B001, 5E001, 6A001, 6A002, proposed, except for the following sixty- 6A003, 6A004, 6A005, 6A006, 6A008, (C) Clarification of the Use of the Term three ECCNs: 1A004, 1A005, 1A006, 6A992, 6A995, 6A996, 6A998, 6B008, ‘‘assemblies’’ on the CCL as 1A008, 1B001,1C007, 1C230, 2A001 6D001, 7A001, 7A002, 7A003, 7A004, Components (although BIS is adding a new Note to 7A005, 7A008, 7E001, 7E002, 9A002, In the ‘‘component’’ definition added 2A001.a to clarify this paragraph 9A003, 9A005, 9A006, 9A008, 9B003, to the EAR in the April 16 (initial includes a control on roller bearing and 9B010, 9A012, 9D003 and 9E003. implementation) rule, it states that roller elements ‘‘specially designed’’ for This final rule will reposition the ‘‘components are also commonly the items specified therein), 2B001, (not term ‘‘parts’’ before ‘‘components’’ and referred to as assemblies. For purposes implemented for heading), 2B003, will add quotation marks to the existing of this definition, an assembly and a 2B004, 2B005, 3A001, 3A003, 3A233, terms ‘‘parts’’ and ‘‘components’’ in the component are the same.’’ BIS has 3A982, 3A991, 3B001, 3B002, 3D982, following ten ECCNs: 1C002, 2A983, reviewed the CCL to ensure the term 3E001, 3E003, 4A001, 4A003, 4A004, 2A984, 3A001, 4A994, 7A994, 9A106, ‘‘assemblies’’ is not being used 5A001, 5B001, 5E001, 5A002, 5A992, 9A991, 9B990, and 9E003. BIS is redundantly on the CCL. This review 6A001, 6A002, 6A003, 6A004, 6A005, implementing these changes, as identified five ECCNs (5A991, 9A002, 6A006, 6A008, 6A102, 6A205, 6A992, proposed, in this final rule, except 9A003, 9B002, and 9D004) where the 6A995, 6A996, 6A998, 6B008, 6D001, 1A004, 3A001, and 6A992 will not be terms ‘‘assemblies’’ and ‘‘components’’ 7A001, 7A002, 7A003, 7A004, 7A005, changed based on the subsequent U.S. are being used in the same ECCN, but 7A008, 7D001, 7E001, 7E002, 9A002, Government review of the ‘‘parts’’ and where the term ‘‘assemblies’’ should be 9A003, 9A005, 9A006, 9A008, 9A012, ‘‘components’’ changes included in the removed to avoid the incorrect 9B003, 9B010, and 9D004 (not November 29 rule. interpretation that assemblies are implemented for 9D004.e) that will not ECCN 1C350 and 1C355. After further different from components. This final be changed based on the subsequent review of the proposed changes to rule adds the term ‘‘electronic’’ before U.S. Government review of the ‘‘parts’’ ECCNs 1C350 and 1C355, including the term ‘‘assemblies’’ in 5A991 under and ‘‘components’’ changes, in this final reviewing input received from BIS’s ‘‘items’’ paragraphs (c.1) and (g) to rule. TACs, BIS decided to not add the term distinguish the particular type of ECCN 3A001. After further review of ‘‘parts’’ to ECCNs 1C350 and 1C355. BIS assembly that is intended to be the proposed changes, including a decided it would be better to replace the controlled under this entry. As was review of input received from BIS’s term ‘‘components’’ in these two ECCNs noted in the November 29 proposed TACs, BIS decided to not add quotes with the alternative term ‘‘ingredients.’’ rule, with regard to ECCNs 9A002, around the first reference to This change will more clearly reflect the 9A003, 9B002, and 9D004, the U.S. ‘‘components’’ in the phrase ‘‘electronic intent of these two ECCNs and avoid Government intends to develop a components’’ in the heading of ECCN potential confusion with the new proposal to submit to the Wassenaar 3A001 to avoid creating confusion over definition of ‘‘component.’’ Arrangement that would propose the

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removal of the term ‘‘assemblies’’ from ECCN 2A994. As an additional the Department of State. BIS these ECCNs or, in the alternative, clarification to existing controls, acknowledges USML Category XXI, propose the addition of more Commenter No. 4 suggested adding an which is a temporary holding category descriptive terms, such as ‘‘electronic’’ ECCN-specific definition of ‘‘portable on the USML, could be applicable, but to clarify the scope of those other electric generator’’ to 2A994. This USML Category XXI could also be multilateral-based ECCNs. commenter was aware of past advisory applicable for any other USML-related This final rule removes reference to opinion guidance provided by BIS that cross reference provided on the CCL. the term ‘‘assemblies’’ in ECCN 6A998 had interpreted the term ‘‘portable For this reason, BIS does not add and adds the term ‘‘components’’ in its electric generator’’ for purposes of references to USML category XXI. Based place. As described above, this rule also 2A994. BIS is aware of this past on the interagency review of this adds the term ‘‘parts’’ to 6A998. BIS is advisory opinion and agrees it would be comment and the draft final rule, no implementing these changes as beneficial to add an ECCN-specific additional USML categories need to be proposed, with the one exception, in definition based on that previously added to the ‘chemical warfare agents’ this final rule. provided guidance. This new ECCN- definition in ECCN 2B350. For the specific definition added by this final reasons noted above in responding to (D) Revisions to the Following ECCNs, rule makes it clear that the generators the commenter, BIS is implementing Including Changes Made as a Result of that are in 2A994 are portable—5,000 this change, as proposed, in this final Comments lbs or less on wheels or transportable in rule. ECCN 1A005. Commenter No. 7 noted a 21⁄2 ton truck without a special set up ECCN 2B996. This final rule amends that ‘‘specially designed’’ does not requirement. 2B996 by revising the heading to clarify consistently appear in quotation marks, ECCN 2B350. This final rule amends that dimensional inspection or as exemplified by 1A005. This 2B350 by revising the ‘‘Related measuring systems or equipment not commenter believes that to conform to Definitions’’ paragraph in the List of controlled by 2B006 or 2B206 are the new definition of ‘‘specially Items Controlled section to indicate for controlled under this ECCN. Certain designed’’ added in the initial purposes of this entry that the term dimensional inspection or measuring implementation rule, the term should be ‘chemical warfare agents’ includes those systems or equipment controlled under in quotes in 1A005 and wherever else agents ‘‘subject to the ITAR’’ (see 22 2B206 would also be controlled under the term ‘‘specially designed’’ is used on CFR parts 120 through 130). In addition, 2B996. To clarify the relationship the CCL. BIS agrees and is adding this rule adds a note at the end of the between 2B996 and 2B206, this rule quotes wherever the term ‘‘specially ‘‘items’’ paragraph in the List of Items adds 2B206 to the exclusion in 2B996. designed’’ is used on the CCL in this Controlled section to provide a BIS did not receive any comments on final rule. reminder and cross reference to the Note this change, so this change is for exporters, reexporters and implemented, as proposed, in this final ECCN 1B001. Commenter No. 7 transferors, stating the following: ‘‘See rule. requested that BIS clarify in this final Categories V and XIV of the United ECCN 2B999. Commenter No. 1 rule whether the July 15 (framework) States Munitions List for all chemicals requested BIS clarify the scope of rule proposed definition of that are ‘‘ ‘subject to the ITAR’ (see 22 2B999.g for fittings. The commenter ‘‘accessories’’ applies to 1B001 and to CFR parts 120 through 130).’’ asked BIS to clarify whether or not 304 other places it is used on the CCL. This Commenter No. 8 requested BIS to and 316 stainless steel pipe fittings, commenter also requested that BIS add specify whether the definition for the which do not fall under 2A292.a, are quotation marks around ‘‘accessories’’ ‘‘chemical warfare agents’’ proposed for classified under 2B999.g. This in 1B001 and wherever else on the CCL 2B350 also applies to 1A004 and 2B351. commenter noted that currently, the term ‘‘accessories’’ is used. The The 2B350 definition is an ECCN- manufacturers have differing definition for ‘‘accessories’’ was added specific definition, so it does not apply interpretations. Some classify fittings to the EAR in the initial implementation to 1A004 or 2B351. If the definition under 2B999 and others EAR99. rule, and will apply to 1B001 and were intended to also apply to other Confusion comes from some thinking wherever the term ‘‘accessories’’ is used ECCNs, then adding a definition of 2B999.g includes fittings because on the CCL. Therefore, BIS in this final ‘‘chemical warfare agents’’ to 772 would ‘‘fittings are simply shorter pieces of rule accepts these comments and is be the appropriate change to make, but pipe.’’ However, others may classify adding quotation marks to wherever the as noted that was not intended in the fittings as EAR99 because they are not term ‘‘accessories’’ is used in this rule. November 29 proposed rule. specified in 2B999.g. Lastly, this Note that ‘‘accessories’’ and Commenter No. 8 also indicated the commenter noted that whether the ‘‘attachments’’ are defined as separate ‘‘chemical warfare agents’’ definition fittings are EAR99 or 2B999.g the same terms in part 772, but the definition is scope proposed for ECCN 2B350 is not license requirements apply. BIS the same for ‘‘accessories’’ and correct in terms of its reference to USML addressed this commenter’s suggestion ‘‘attachments’’ and each definition cross categories referenced. Specifically, for removing 2B999 elsewhere in this references the other. For the same Commenter No. 8 was concerned that rule and addressed the request for reason that BIS is adding quotation proposing that the ITAR-controlled clarification here regarding the scope of marks around ‘‘accessories,’’ BIS is also chemicals are only found in USML 2B999.g. BIS confirms here that fittings adding quotation marks around Categories V and XIV is not correct are considered part of ‘‘piping’’ for ‘‘attachments’’ in this final rule. because such chemicals could purposes of 2B999. BIS also adds a new ECCN 1C996. This final rule will conceptually fall within USML Category note to 2B999.g to clarify the scope of amend 1C996 by revising the heading to XXI and possibly others. In drafting the this item. add the phrase ‘‘not controlled by November 29 proposed rule, BIS ECCN 6A002. This final rule revises 1C006,’’ to clarify the scope of 1C996 as consulted with the Department of State the STA (License Exception ‘‘Strategic it relates to 1C006. BIS did not receive on the appropriate USML categories to Trade Authorization’’) paragraph in the any comments on this change, so BIS is reference in the 2B350 definition. In License Exceptions section, which as implementing this change, as proposed, reviewing this comment and preparing proposed in the November 29 rule and in this final rule. this final rule, BIS also consulted with as implemented in the final rule, is now

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in its own section called Special alone are already accounted for on the production, and regardless of whether Conditions for License Exception STA. CCL and controlled for CC reasons. The they have a certification from an This final rule removes the phrase, ‘‘to new heading note clarifies that in order aviation authority. This final rule also any of the eight destinations listed in for a vehicle to be classified as a makes a conforming change to the § 740.20(c)(2) of the EAR’’ from the end nonmilitary mobile crime scene change in 9A991.b by revising the of the current STA paragraph and adds laboratory under ECCN 9A980, the regional stability (RS) 1 control in it to the introductory text of the STA vehicle must contain one or more ECCNs 7D001, 7E001, 7E002, and paragraph. BIS makes this change to analytical or laboratory items controlled 7E101. These ECCNs are amended by clarify the 6A002 ‘‘items’’ paragraphs for Crime Control (CC) reasons on the removing the term ‘‘civil aircraft’’ and that are not eligible for License CCL, such as items controlled under replacing it with the more accurate Exception STA to any of the eight ECCN 3A980 or 3A981. This new phrase 9A991.b aircraft. This change is destinations listed in § 740.20(c)(2). BIS heading note does not change the scope not substantive and is limited to did not receive any comments on this of the ECCN, but clarifies the scope of conforming to the clarification made to change, so BIS is implementing this this ECCN and the relationship to other 9A991.b and to add greater specificity in change, as proposed, in this final rule. CC ECCNs. BIS did not receive any these three RS controls. For additional ECCN 6E001 and 6E002. This final comments on this change, so BIS is clarity, this final rule also adds the rule removes the term ‘‘equipment’’ and implementing this change, as proposed, conjunction ‘‘and’’ to the RS control replaces it with the term ‘‘items’’ in the in this final rule. between the terms ‘‘inertial navigation ‘‘NP’’ and ‘‘RS’’ controls paragraphs in ECCN 9A991. In reviewing the system’’ or ‘‘inertial equipment’’ in the License Requirements section of conforming changes for ‘‘parts’’ and 7D001, 7E001, 7E002 and 7E101, along 6E001 and 6E002. This clarification is ‘‘components,’’ Commenter No. 6 raised with other clarifying text to the RS made as a conforming change to the new concerns regarding whether the control in 7E101 to clarify the scope of ‘‘equipment’’ definition added in the proposed changes to 9A991.d should be this RS control by adding the terms April 16 (initial implementation) rule. implemented due to a concern that the ‘‘required’’ and ‘‘specially designed.’’ The clarification is made because the xY999 ECCNs. Commenter No. 1 proposed wording may inadvertently ‘‘NP’’ and RS’’ items include paragraph suggested BIS remove all xY999 ECCNs classify some aircraft ‘‘parts’’ and references to other ECCNs that control where items controlled are only AT- ‘‘components’’ as EAR99 while an items other than equipment and controlled. BIS evaluated this change in aircraft is in development. Commenter therefore the broader term ‘‘items’’ is drafting the November 29 proposed rule intended in these two controls No. 6 asserted that under the proposed and considered implementing the paragraphs in 6E001 and 6E002. wording, the ‘‘parts’’ and ‘‘components’’ removal of certain xY999 entries in this ECCN 8A918. This final rule removes to be controlled are only those for final rule. However, in evaluating these the marine boilers from 8A918 and ‘‘aircraft’’ that meet requirements of possible removals with the other moves these items to two new ‘‘items’’ 9A991.a or .b. ECCN 9A991.a controls agencies involved in the review process paragraphs in the List of Items specific military aircraft, and ECCN of the November 29 rule, it was Controlled section of 8A992. This rule 9A991.b controls ‘‘civil aircraft.’’ Prior determined that additional analysis is adds a new ‘‘items’’ paragraph (l) to to receiving a civil airworthiness needed before moving forward with 8A992 for marine boilers designed to certificate, developmental aircraft do these removals. This determination also have any of the characteristics in the not meet the definition of ‘‘civil took into account the minimal impact new 8A992.l.1 or .l.2. This rule adds aircraft’’ in § 772.1 of the EAR. The that such removals would have, given ‘‘items’’ paragraph (m) to 8A992 for commenter stated that it would follow that the only xY999 ECCNs under ‘‘components,’’ ‘‘parts,’’ ‘‘accessories,’’ that ‘‘parts’’ and ‘‘components’’ consideration for removal are those and ‘‘attachments’’ for marine boilers ‘‘specially designed’’ for pre- where the license requirements would that would be described in 8A992.l. certification non-military aircraft or in be redundant with EAR99 items. BIS is This rule’s movement of these countries where such certificates are not still evaluating whether it may be commodities from 8A918 to 8A992.l granted are not described in 9A991.d, possible to remove some or all of the and .m will remove the Regional and barring any other control, would be ‘‘xY999’’ ECCNs on the CCL that may Stability (RS) Column 2 control on these classified EAR99. Once the aircraft is have redundant license requirements commodities. The Anti-Terrorism (AT) certified, these parts would move to with EAR99 items. and United Nations (UN) controls will 9A991.d. Commenter No. 6 indicated be retained for the commodities moved they believed this is not the intent of the (E) Addition of ‘‘Related Controls’’ To to 8A992.l and .m. BIS proposed this control. BIS agrees that this is not the Aid in Classification change in the November 29 rule because intent of the control. BIS reviewed this Most ECCNs on the CCL contain a these marine boilers do not warrant an issue and determined it was better to ‘‘related controls’’ paragraph in the List RS control or a separate ECCN entry and revise 9A991.b by replacing the term of Items Controlled section that can therefore be added under ECCN ‘‘civil aircraft’’ with the term ‘‘aircraft provides cross references to related 8A992 to be controlled with other types n.e.s.’’ This revision to 9A991.b would ECCNs to assist the public in classifying of marine commodities warranting an describe more precisely the scope of the items that are subject to the EAR. In AT control. BIS did not receive any ECCN and would be consistent with some ECCNs, the ‘‘related controls’’ comments on this change, so BIS is how BIS now interprets the ECCN. paragraph also includes cross-references implementing this change, as proposed, Aircraft subject to the ITAR will remain to the export controls other U.S. in this final rule. ITAR controlled. Aircraft subject to the Government agencies administer. ECCN 9A980. This final rule revises EAR and controlled by ECCN 9A610.a The November 29 rule proposed 9A980 by removing the term ‘‘parts’’ will continue to be controlled by that adding a number of additional ‘‘related from the heading of the ECCN and ECCN. Aircraft described in ECCN controls’’ paragraphs or revising existing adding a new heading note to clarify the 9A991.a will continue to be controlled ‘‘related controls’’ paragraphs to assist scope of the ECCN. The Crime Control by that subparagraph. ECCN 9A911.b the public in classifying items. This (CC) parts that would have been will continue to control all other aircraft final rule implements those changes, classified under this entry if exported at all stages of their development or along with certain additional ‘‘related

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controls’’ changes in response to BIS’s requirements with EAR99 items. new ‘‘license requirement note’’ in review of the public comments. In the Additional analysis is needed, however, 7A994. This change will clarify the November 29 proposed rule, BIS before any such ‘‘xY999’’ ECCNs can be relationship between 7A005 and 7A994 advised that in responding to the removed from the CCL, as noted above. and provide guidance on the proposed rule, the public may also Commenter No. 9 also suggested BIS appropriate classification for GPS provide suggestions for additional conduct a review of all the ‘‘related equipment. The added text in 7A005 ‘‘related controls’’ that would assist the controls’’ on the CCL to identify and 7A994 will alert persons classifying public in classifying items. This final additional changes to make and address GPS items that ‘‘typically commercially rule is revising the ‘‘related controls’’ inconsistencies. This commenter available GPS do not employ encryption paragraphs in the following twelve recommended BIS review the ‘‘related or adaptive antenna and are classified as ECCNs: 1A985, 1B117, 1B118, 1B119, controls’’ section of each ECCN in 7A994.’’ BIS did not receive any 1B225, 1C117, 1C233, 2B105, 2B116, Groups A, B or C to identify all related comments on this change, so BIS is 3A230, 7A103 and 9B009 that were ECCNs. The ‘‘related controls’’ then implementing this change, as proposed, proposed in the November 29 rule. In should be updated accordingly to in this final rule. addition, as a result of the review of include similar ECCNs of Groups A, B (F) Addition of the Term ‘‘subject to the public comments, this final rule is also or C as well as the applicable software ITAR’’ to the EAR. revising the ‘‘related controls’’ and technology ECCNs of Groups D and paragraphs in the following three E. BIS agrees that regular review of the This final rule adds the term ‘‘subject ECCNs: 2A226, 2A292 and 2B350 as ‘‘related controls’’ paragraphs should be to the ITAR’’ to § 772.1 (Definitions of follows: conducted. BIS has already conducted a terms as used in the EAR). This defined ECCN 2A226. Commenter No. 9 review of all the ‘‘related controls’’ term is added to parallel the use of the suggested adding ECCN 2B999 to the paragraphs on the CCL, and these are term ‘‘subject to the EAR’’ that is ‘‘related controls’’ paragraph of 2A226. the changes that were proposed in the commonly used in the EAR, along with This commenter noted that 2A226 November 29 rule. In evaluating the simplifying many of the references to references other valve ECCNs (2A292 comments received in response to the the export jurisdiction of the and 2B350), but has no reference to November 29 proposed rule, BIS also Department of State that are included in 2B999. BIS agrees that adding 2B999 identified additional ‘‘related controls’’ the EAR. The vast majority of these would be helpful, so this final rule is changes that are being implemented in references to the export control implementing this change. this final rule, as described above for jurisdiction of the Department of State ECCN 2A292. Commenter No. 9 ECCNs 2A226, 2A292, and 2B350. BIS are on the CCL. This final rule will suggested adding ECCNs 2B350 and will continue conducting regular therefore add the following definition of 2B999 to the ‘‘related controls’’ reviews of the ‘‘related controls’’ ‘‘subject to the ITAR’’ in § 772.1: paragraph of 2A292. This commenter paragraphs and make updates as A term used in the EAR to describe noted 2A292 references to one other necessary on the CCL. Note, however, those commodities, software, valve ECCN (2A226), but has no that although the ‘‘related controls’’ technology (e.g., technical data) and reference to 2B350 or 2B999. BIS agrees paragraphs are a useful tool for defense services over which the U.S. that adding 2B350 and 2B999 would be classifying related items under the CCL, Department of State, Directorate of helpful, so this final rule is the ‘‘related controls’’ paragraphs are Defense Trade Controls (DDTC) implementing this change. not exhaustive or determinative of an exercises regulatory jurisdiction under ECCN 2B350. Commenter No. 9 item’s control status. They are not part the International Traffic in Arms suggested adding ECCNs to the ‘‘related of the control text for a specific ECCN. Regulations (ITAR) (see 22 CFR 120– controls’’ paragraph of ECCN 2B350 Related controls are a method of 130). instead of using N/A. The commenter identifying other ECCN entries that may This final rule makes conforming was concerned that the use of ‘‘N/A’’ be applicable to a particular item, changes to the rest of the EAR, may lead you to mistakenly conclude including highlighting in certain cases including several ECCNs and §§ 734.4 that there are no applicable technology when a related item may be subject to (De minimis U.S. content), 734.6 ECCNs or any other potential valve the exclusive jurisdiction of another (Assistance available from BIS for ECCNs. BIS agrees that adding ECCNs agency of the U.S. Government. determining licensing and other 2A226, 2A292, 2A293, 2B231 and However, to determine whether an item requirements), and 740.6 (Technology 2B999 to the ‘‘related controls’’ is classified under another entry on the and software under restriction (TSR)), paragraph of 2B350 would be helpful, so CCL or another control list, such as the by adding ‘‘subject to the ITAR’’ where this final rule is implementing this Nuclear Trigger List or the United States the export control jurisdiction of the change. Munitions List (USML), a person Department of State is referenced. In ECCN 2B999. Commenter No. 9 classifying an item should review the addition to making the conforming suggested adding ECCNs 2A226 and other ECCN or other control lists as change in § 734.6, this rule revises the 2A292 to the ‘‘related controls’’ of applicable to determine the references to the ITAR to clarify that, in 2B999. This commenter noted that jurisdictional and classification status of order to determine whether an item is 2B999 refers to a number of other a particular item. ‘‘subject to the ITAR,’’ you should ECCNs, including 2B350, but it does not Supplement No. 4 to part 774— review the ITAR’s United States refer to the other valve ECCNs (2A226 Commerce Control List Order of Munitions List (see 22 CFR §§ 120.6 and and 2A292). BIS does not accept this Review—was added to the EAR in the 121.1). If the item is within the scope of change because it is clear within the initial implementation rule, and a USML category, then the item is a context of this ECCN 2B999 that the identifies the proper order of review for defense article subject to the ITAR. If it only valves that are controlled are those reviewing the CCL. is not, then it is not subject to the ITAR. referenced in the long list of ‘‘items.’’ ECCNs 7A005 and 7A994. This final The revised text also clarifies that you BIS is also still evaluating whether it rule also revises the ‘‘related controls’’ may also submit a request to the may be possible to remove 2B999, along paragraphs in ECCNs 7A005 and 7A994 Department of State, Directorate of with similar ‘‘xY999’’ ECCNs on the and includes the substance of the Defense Trade Controls, for a formal CCL that have redundant license amended related control paragraph as a jurisdictional determination regarding

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the commodity, software, technology, or on these changes, so BIS is (2) Changes To Conform the CCL to the activity at issue (see 22 CFR § 120.4). implementing these changes, as Multilateral Export Control Regime BIS did not receive any comments on proposed, in this final rule for the Control Lists and Previous Amendments this change, so BIS is implementing this following two ECCNs: 6C992 and to the EAR change, as proposed, in this final rule. 9B002. This final rule is also making the In the public comments received in following changes to conform the CCL (H) Addition of Paragraph To Clarify the response to the November 29 rule, the to the multilateral export control regime Jurisdiction of Items Subject to the EAR public identified some additional control lists and to conform the CCL to When Sold, Leased or Loaned by the corrections or minor clarifications that the intent of past amendments to the Department of Defense to a Foreign should be made to existing CCL text or EAR. These are cases where a previous Country or International Organization to some of the proposed text included amendment to the EAR was intended to Under the Foreign Military Sales (FMS) in the November 29 rule. BIS has Program accepted some of these suggested effect a change, but the change was not This final rule adds a new paragraph changes, so BIS is implementing these implemented as intended, or where a (b)(1)(vi) to § 734.3, which identifies changes in this final rule for the conforming change should have been items subject to the EAR. This new following ECCNs: 1C002 (to correct a made to the CCL, but was inadvertently paragraph was not proposed in the formatting error in 1C002.c.1.a where not made. In general, the public did not November 29 rule, but the change is ‘‘109’’ was incorrectly proposed as raise specific concerns regarding the being made in this final rule as a ‘‘109’’); 2B352 (to correct a formatting changes described under this heading clarification to the addition of § 734.3(e) error in 2B352.d.2 where ‘‘(0.2 m2)’’ was (2). The comments that were received in the initial implementation final rule incorrectly proposed as ‘‘(0.2 m2)’’); highlighted additional specific published on April 16, 2013. While not 9E003 (to insert an omitted ‘‘Related examples that also warranted attention effective until October 15, 2013, Controls) paragraph number (2)’’); and in the final rule: Commenter No. 8, as § 734.3(e) specifies that items subject to 1A002 (to remove an extra ‘‘and’’ that was discussed above under heading the EAR may be exported, reexported, or was not needed and modify the (1)(B)(Clarifying the use of the terms transferred in country under licenses, punctuation). ‘‘parts’’ and ‘‘components’’ on the CCL), agreements, or other approvals from the Commenter No. 8 suggested that the raised a concern that the proposed Department of State’s Directorate of heading of 1A002 should also end in the changes were not consistent with the Defense Trade Controls pursuant to word ‘‘therefor.’’ BIS does not accept multilateral export control regimes and §§ 120.5(b) and 126.6(c) of the this change because the current entry is that a regime change proposal would International Traffic in Arms consistent with the Wassenaar need to be approved before BIS Regulations (ITAR) (22 CFR 120.5(b) Arrangement WA dual-use list entry implemented such changes to and 126.6(c)) or under actions made by 1.A.2. In addition, the term is not multilateral-based ECCNs, such as those the Department of State’s Office of needed in the context of this entry. controlled by the Wassenaar Regional Security and Arms Transfers. ECCN 5A991 (and similar changes to Arrangement. BIS does not agree with New paragraph (b)(1)(vi) clarifies that 5A001, 6A008 and 7A005). This rule this comment for the reasons discussed items that would otherwise be subject to changes the spelling of the word above under heading (1)(B). BIS the EAR and that are sold, leased or ‘‘antennae’’ in the ‘‘items’’ paragraph (f) considered discussing these two loaned by the Department of Defense to of 5A991. This term should be spelled comments here, but because the ‘‘parts’’ a foreign country or international as ‘‘antennas’’ to reflect common and ‘‘components’’ changes were organization under the Foreign Military American English usage in this ECCN. described above under heading (1)(B), Sales (FMS) Program of the Arms Export BIS also accepted Commenter No. 8’s BIS decided to also include these two Control Act, pursuant to a Letter of Offer suggestion that a review should be comments under the earlier discussion and Acceptance (LOA) authorizing such conducted of the entire CCL to identify to group them with the other comments transfers, are not ‘‘subject to the EAR’’ any additional places where this same and BIS responses on the ‘‘parts’’ and but rather, are subject to the authority of issue occurs and standardize this usage. ‘‘components’’ changes being the Arms Export Control Act. New BIS identified five other references on implemented in this final rule. paragraph (b)(1)(vi) clarifies that the the CCL where this correction needs to (A) Conforming Changes for Limitations terms and conditions of the LOA would be made: ECCN 5A001.d and the Note on Use of TSR for Wassenaar Very govern the export, reexport, or other to 5A001.d; ECCN 6A008 in the Sensitive List Items transfer of the items. Lastly, because the decontrol note for (PAR), 6A008.e; and heading for new paragraph (b)(1)(vi) ECCN 7A005 in the Note to 7A005.b. In implementing its commitment to refers to the Department of Defense This final rule is implementing these exercise vigilance in the licensing of (DoD) and Department of State, BIS is additional five corrections to address items listed on the Wassenaar Very adding a cross reference from new this incorrect word usage on the CCL. Sensitive List, the United States has paragraph (b)(1)(vi) to paragraph This final rule does not implement limited the use of License Exception (b)(1)(i), along with a cross reference the related change to the ‘‘unit’’ TSR to a list of specifically identified from (b)(1)(i) to (b)(1)(vi). paragraph of 5A001 because the ‘‘unit’’ countries for certain ECCNs. These paragraph will no longer be used in limitations are contained in the TSR (I) Corrections and Minor Clarifications ECCNs under the simplified structure paragraph in the License Exception to Existing CCL Text and Proposed Text being implemented in this rule for section of nine ECCNs (i.e., ECCNs Included in the November 29 Proposed calculating shipping tolerances under 1E001, 5D001, 5E001, 6D001, 6D003, Rule the EAR. As described below, this final 6E001, 6E002, 8D001 and 8E001) that The November 29 rule also included rule removes all ‘‘unit’’ paragraphs from control items on the Wassenaar Very minor corrections and clarifications to the CCL, so the proposed change to the Sensitive List and for which TSR has the CCL, such as to correct certain ‘‘unit’’ paragraph of 5A001 is no longer been authorized for some, or all of the misspellings and typographical errors required, along with any proposed ECCN. and make other minor updates to the changes to the ‘‘unit’’ paragraph that The TSR paragraph limitation was CCL. BIS did not receive any comments was included in the November 29 rule. introduced in 1998, upon

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implementation of the Wassenaar language consistent with the MTCR, but capability. They further noted that even Arrangement (63 FR 2452), with a list of they requested confirmation that their commercial MIG welders and industrial sixteen destinations eligible for TSR for understanding of the intent and scope of sewage pumps (e.g., ECCNs 2B999.d and Wassenaar Very Sensitive List items. the following proposed changes in the 2B999.j) are thus controlled. Commenter Approximately one year later, Japan was November 29 rule is correct: ‘‘missiles’’ No. 6 asserted that given 2E001 and added to the TSR paragraph limitation is replaced with rockets, missiles and 2E002 are generally associated with (64 FR 10852). In 2008, Australia and UAVs to ensure Category 1 and 2 UAVs high levels of control, there may be Norway were added to the TSR are captured; only UAV range is confusion when ‘‘production’’ paragraph in ECCN 1E001, with the specified in 1A101 and 9D105 to ‘‘technology’’ for a MIG welder is explanation that their original exclusion capture Category 1 and 2 MTCR items; classified 2E001, but the commodity is had been an oversight. Australia and UAV and payload are specified in classified under an AT-only control. BIS Norway were not added to the other 1D103 to only capture Category 1 agrees with Commenter No. 6 and is TSR paragraphs with Wassenaar Very subsystems; and UAVs are not included implementing these two changes in this Sensitive List limitations, creating an in 7E104 because the MTCR Annex is final rule. The change being inconsistency. specific to optimization of rocket system implemented in the final rule will This final rule adopts a standardized trajectory, and does not include a exclude technology for 2B999, but the list of countries under the EAR for the control related to UAVs. Commenter No. overall impact on the number of nine ECCNs. The use of this 7’s description of the intent and scope licenses received by BIS is expected to standardized list of countries simplifies of these changes from the November 29 be minimal. the use of the TSR License Exception for rule is correct. BIS received no other ECCN 5D101. This final rule amends these nine ECCNs and aid the public’s comments regarding these proposed 5D101 by removing the term ‘‘items’’ understanding regarding which changes, so BIS is implementing these from the heading and adding the term countries are eligible and not eligible to changes, as proposed, in this final rule. ‘‘equipment’’ in its place. This rule will receive National Security (NS) ECCN 1A101. This final rule amends make this change to be consistent with controlled technology under these nine 1A101 by replacing the term ‘‘missiles’’ the MTCR Annex. BIS did not receive ECCNs. Commenter No. 7 supported the in the heading with the phrase ‘‘rockets, any comments on this change, so BIS is proposed change. BIS has recently missiles, or unmanned aerial vehicles implementing this change, as proposed, determined that the thirty-six countries capable of achieving a ‘‘range’’ equal to in this final rule. listed in License Exception Strategic or greater than 300 km’’ to conform to ECCNs 6A002 and 6A003. This final Trade Authorization, Section the Missile Technology Control Regime rule amends 6A002 and 6A003 by 740.20(c)(1) of the EAR, are eligible for (MTCR) Annex. BIS did not receive any correcting a spelling error in the License Exception authorization for comments on this change, so BIS is headings of these two ECCNs to remove Wassenaar Very Sensitive List items. implementing this change, as proposed, the term ‘‘therefore’’ and replace it with These 36 countries are: Argentina, in this final rule. ‘‘therefor.’’ These changes are being Australia, Austria, Belgium, Bulgaria, ECCN 1D103. This final rule amends made to conform to the Wassenaar Canada, Croatia, Czech Republic, 1D103 by replacing the term ‘‘missiles’’ Arrangement List of Dual-Use Goods Denmark, Estonia, Finland, France, in the heading with the phrase ‘‘rockets, and Technologies that uses the term Germany, Greece, Hungary, Iceland, missiles, or unmanned aerial vehicles ‘‘therefor’’ for both of these entries. Ireland, Italy, Japan, Latvia, Lithuania, capable of delivering at least a 500 kg These two changes were not proposed Luxembourg, Netherlands, New payload to a ‘‘range’’ equal to or greater in the November 29 rule, but were Zealand, Norway, Poland, Portugal, than 300 km’’ to conform to the MTCR identified by BIS as additional changes Romania, Slovakia, Slovenia, South Annex. BIS did not receive any that needed to be implemented to Korea, Spain, Sweden, Switzerland, comments on this change, so BIS is conform to the Wassenaar Arrangement. Turkey, and the United Kingdom. This implementing this change, as proposed, Therefore, BIS is implementing these final rule revises the list of countries in in this final rule. changes in this final rule. the TSR paragraph for the nine ECCNs ECCN 1E001. This final rule amends ECCN 6D102. This final rule amends to state ‘‘those countries listed in 1E001 by removing ECCN 1A008 from 6D102 by removing the term ‘‘goods’’ § 740.20(c)(1) (License Exception STA).’’ the heading and NS controls paragraph. from the heading and adding the term The 17 countries (19 countries in 1E001) This change is made to conform to the ‘‘equipment’’ in its place. This rule that were previously identified as being Wassenaar Arrangement List of Dual- makes this change to be consistent with eligible for License Exception TSR Use Goods and Technologies that does the MTCR Annex. BIS did not receive under these ECCNs were a subset of the not extend to technology for 1A008. any comments on this change, so BIS is 36 STA-eligible countries. Therefore, This change was not proposed in the implementing this change, as proposed, this final rule adds the remaining 19 November 29 rule, but was identified by in this final rule. countries, except for 1E001 where this BIS as an additional change that needed ECCN 6D994. This final rule removes final rule adds the remaining 17 to be implemented to conform to the 6D994 to conform to a previous countries, as eligible countries to Wassenaar Arrangement. Therefore, BIS amendment to the EAR that imposed a receive this type of technology through is implementing these changes in this control for these same items under application of License Exception TSR final rule. 6D003.c. BIS’s intention when 6D994 under these ECCNs. ECCNs 2E001 and 2E002. Commenter was added to the CCL was to impose a No. 6 suggested expanding the scope of control on this software until a control (B) ECCN Changes To Conform to the the exclusion in the headings in 2E001 could be approved at the Wassenaar Multilateral Export Control Regimes and 2E002 by adding ECCN 2B999 to Arrangement and implemented in the Commenters No. 5 and 7 noted they the list of commodities controlled in 2B EAR. When the final rule to add this supported what they said was the ‘‘BIS’’ that are not within the scope of 2E001 software to 6D003.c was published, the effort to conform the CCL to multilateral and 2E002. To support their position, intention was to remove 6D994. export control regime control lists. this commenter noted that 2E001 and However, this entry was inadvertently Commenter No. 7 also noted they 2E002 control ‘‘technology’’ for all retained at the time 6D003.c was added appreciated all the changes to make CCL isostatic presses, regardless of to the CCL, which may have caused

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confusion for exporters trying to classify and is correcting the error in this final controls certain ‘‘software.’’ ECCNs this type of software because the rule, so the parameter correctly reads, 9A009, 9A105, 9A107, and 9A109 are software meets the description of two ‘‘capable of achieving a range equal to references to USML controls based on software ECCNs. To address this or greater than 300 km.’’ the MTCR Annex. 9D103 is a reference oversight, this final rule removes 6D994 ECCNs 9B001, 9B002, 9B003 and to a USML control based on the MTCR from the CCL, leaving 6D003.c as the 9B004. Commenter No. 6 noted that the Annex. This change is made to conform control ECCN. BIS did not receive any relationship between these four ECCNs to the MTCR Annex. BIS did not receive comments on this change, so BIS is and ECCN 9A001 could be made clearer any comments on this change, so BIS is implementing this change, as proposed, as it relates to the MT controlled implementing this change, as proposed, in this final rule. portions of these four ECCNs. This in this final rule. ECCN 7D101. This final rule amends commenter noted that, as currently ECCN 9D104. This final rule amends 7D101 by revising the heading to written, the equipment described in 9D104 by revising the heading to include 7A117 in the list of ECCNs for these four ECCNs is controlled for MT include ECCNs 9A006, 9A007, 9A008, which 7D101 controls the software. reasons if it is applicable to any engine 9A009, 9A010, 9A115, 9A116, and 7A117 is a reference to a USML control whose characteristics are described in 9A106.e in the list of ECCNs for which based on the MTCR Annex. 7D101 9A001. However, this commenter 9D104 controls the ‘‘software.’’ 9A006, controls the software of certain suggested that rather than referencing 9A007, 9A008, 9A009, 9A010, 9A115 commodities controlled for MT reasons. 9A101 obliquely through reference to and 9A116 are references to USML This change is made to conform to the 9A001 in the MT control(s) paragraphs controls based on the MTCR Annex. MTCR Annex. BIS did not receive any in 9B001, 9B002, 9B003, and 9B004, BIS 9A106.e is controlled on the CCL for MT comments on this change, so BIS is should add the following sentence to reasons. 9D104 controls the ‘‘software’’ implementing this change, as proposed, the MT control(s) paragraph in these of certain commodities controlled for in this final rule. four ECCNs: ‘‘MT applies only to MT reasons. This change is made to ECCN 7E104. This final rule amends equipment for engines that meet the conform to the MTCR Annex. BIS did 7E104 by replacing the term ‘‘missiles’’ characteristics described in 9A101.’’ BIS not receive any comments on this in the heading with the phrase ‘‘rockets agrees that revising the MT control(s) change, so BIS is implementing this or missiles capable of achieving a paragraph in these four ECCNs would be change, as proposed, in this final rule. ‘‘range’’ equal to or greater than 300 helpful, but BIS decided to use different ECCN 9D105. This final rule amends km’’ to conform to the MTCR Annex. control text than to what was proposed 9D105 by replacing the term ‘‘missiles’’ BIS did not receive any comments on by Commenter No. 6. BIS will revise the in the heading with the phrase ‘‘rockets, this change, so BIS is implementing this MT control(s) paragraph in these four missiles, or unmanned aerial vehicles change, as proposed, in this final rule. ECCNs to indicate that the MT control capable of achieving a ‘‘range’’ equal to ECCN 9A107. This final rule amends applies to equipment for engines or greater than 300 km’’ to conform to 9A107 by revising the heading to controlled under 9A001 for MT reasons the MTCR Annex. BIS did not receive replace the word ‘‘engines’’ with the and for engines controlled under 9A101. any comments on this change, so BIS is word ‘‘motors.’’ This change is made to These changes are being implemented implementing this change, as proposed, conform to the MTCR Annex. BIS did in this final rule. in this final rule. not receive any comments on this ECCN 9B115. This final rule amends (3) Structural Changes To Improve the change, so BIS is implementing this 9B115 by revising the heading to Clarity of the CCL change, as proposed, in this final rule. include 9A103 in the list of ECCNs for ECCN 9A110. This final rule amends which 9B115 controls the ‘‘production ECCNs on the CCL follow the same 9A110 by revising the heading to equipment.’’ 9A103 is a reference to a basic paragraph structure, although not include 9A109 in the list of ECCNs for USML control based on the MTCR all ECCNs contain the same paragraphs. which 9A110 controls the composite Annex. 9B115 controls the ‘‘production The common paragraph structure is structures, laminates and manufactures equipment’’ of certain commodities intended to allow the public to quickly thereof. 9A109 is a reference to a USML controlled for MT reasons. This change review ECCNs and to identify relevant control based on the MTCR Annex. is made to conform to the MTCR Annex. paragraphs in each ECCN. This final 9A110 controls the software of certain BIS did not receive any comments on rule is implementing changes to the commodities controlled for MT reasons. this change, so BIS is implementing this standard section headings that are used This rule also amends 9A110 by change, as proposed, in this final rule. in most ECCNs on the CCL. These replacing the defined term ‘‘missiles’’ ECCN 9B116. This final rule amends changes affect most of the ECCNs on the with the phrase ‘‘rockets, missiles, or 9B116 by revising the heading to CCL, but are being implemented unmanned aerial vehicles capable of include 9A103 in the list of ECCNs for through instructions instead of setting achieving a ‘‘range’’ equal to or greater which 9B116 controls the ‘‘production out each revision in the regulatory text. than 300 km.’’ These changes are made equipment.’’ 9A103 is a reference to a BIS is making the changes in this to conform to the MTCR Annex. BIS did USML control based on the MTCR manner to save on the cost of not receive any comments on these Annex. 9B116 controls the ‘‘production implementing these structural changes. changes, so BIS is implementing this equipment’’ of certain commodities BIS’s decision also took into account change, as proposed, in this final rule. controlled for MT reasons. This change that the changes are not ECCN specific ECCN 9A118. This final rule amends is made to conform to the MTCR Annex. and are more focused on how the ECCN 9A118 by inserting the phrase ‘‘missiles, BIS did not receive any comments on information is being communicated to and unmanned aerial vehicles capable this change, so BIS is implementing this the public. Each of the structural of achieving a ‘‘range’’ ‘‘equal to or change, as proposed, in this final rule. changes this rule implements improves greater than 300 km’’ into the heading ECCN 9D103. This final rule amends the clarity of the CCL and is further to conform to the MTCR Annex. 9D103 by revising the heading to described below. Commenter No. 6 Commenter No. 7 identified a include ECCNs 9A009, 9A107 and noted that the clarification and typographical error in 9A118 where the 9A109, and to expand the reference to background in the November 29 word ‘‘of’’ was used, but the word ‘‘to’’ 9A105 from 9A105.a to the entire ECCN proposed rule on the placement of the was intended. BIS accepts this change in the list of ECCNs for which 9D103 phrase ‘‘(see List of Items Controlled)’’

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is greatly appreciated, as is the addition all subsequent rules that add new 6E001, 6E002, 7D003, 7E001, 7E002, of the phrase ‘‘as follows (see List of ECCNs described here. 8A001, 8A002, 8A609, 8A620, 8B609, Items Controlled)’’ where necessary. This final rule also includes 8B620, 8C609, 8D001, 8D002, 8E001, Commenter No. 8 questioned the use of clarifications to the April 16 (initial 8E002, 8D609, 8D620, 8E609, 8E620, ‘‘as follows’’ because they believed it implementation) rule that are not 9A610, 9A619, 9B001, 9B610, 9B619, was redundant in ECCNs that also use limited to conforming changes with this 9C610, 9C619, 9D001, 9D002, 9D004, ‘‘(see List of Items Controlled)’’ at the final rule. These changes are described 9D610, 9D619, 9E001, 9E002, 9E003, end of the ECCN. BIS agrees that the use below under the heading ‘‘(6) 9E610, and 9E619. This rule moves the of the phrase ‘‘as follows’’ in this case Clarifications to the April 16 (initial text of those License Exception STA is redundant. BIS is, however, not implementation) rule.’’ paragraphs to a new section titled accepting this change in the final rule (A) Revision of License Exceptions ‘‘Special Conditions for STA.’’ This rule because ‘‘as follows’’ is used on the Section Heading is creating this new section immediately Wassenaar Arrangement’s control lists following the proposed ‘‘List-Based and because ‘‘(see List of Items This final rule revises the License License Exceptions (See Part 740 for a Controlled)’’ is a CCL convention. Exceptions section heading to add description of all license exceptions)’’ greater specificity. Specifically, this rule Commenter No. 7 noted they instruction because the License revises the section heading by changing supported the structural changes, such Exception STA paragraphs do not it from ‘‘License Exceptions’’ to the as explicit references to Part 740, perform the same function as the other more specific section heading of ‘‘List- License Exceptions, references to list-based license exception paragraphs. Based License Exceptions (See Part 740 Country Chart, and adding Reporting This rule is not implementing any for a description of all license Requirements section to affected ECCNs. changes to the regulatory text included exceptions).’’ This rule also adds a This commenter noted that these in the current License Exception STA parenthetical after the revised section structural changes will increase paragraphs of these ECCNs. These STA heading to provide a cross reference to changes include the thirty ‘‘600 series’’ understanding of license exceptions and the license exceptions part of the EAR. the standardized structure will make it ECCNs referenced above (0A606, 0A617, This rule adds this cross reference 0B606, 0B617, 0C606, 0C617, 0D606, easier for exporters to use and comply because a definitive determination of with EAR. BIS agrees. Receiving no 0D617, 0D617, 0E606, 0E617, 8A609, whether a license exception may be 8A620, 8B609, 8B620, 8C609, 8D609, other comments on these changes, BIS used for a specific ECCN can only be implements these changes, as proposed, 8D620, 8E609, 8E620, 9A610, 9A610, made after also reviewing the applicable 9B610, 9B619, 9C610, 9C619, 9D610, in this final rule. license exception provisions in part 740 BIS also implements in this final rule 9D619, 9E610 and 9E619) that were not of the EAR. BIS did not receive any included in the November 29 proposed these same structural changes to the comments on this change, so BIS is rule, but are now included because ten new ECCNs added in the April 16 implementing this change, as proposed, of these ECCNs were published in the (initial implementation) rule and the in this final rule. initial implementation rule and will be July 8, 2013 final rule, Revisions to the This final rule also makes this change in the EAR on the effective date of this Export Administration Regulations: to the following ECCNs: 9A610, 9A619, final rule, and the other twenty have Military Vehicles; Vessels of War; 9B610, 9B619, 9C610, 9C619, 9D610, been published in the July 8 Submersible Vessels, Oceanographic 9D619, 9E610, and 9E619, as added in (implementation) rule. The July 8 Equipment; Related Items; and the April 16 (initial implementation) (implementation) rule is not effective Auxiliary and Miscellaneous Items that rule (78 FR 22718), which goes into until January 6, 2014, but the changes the President Determines No Longer effect on October 15, 2013. In addition, being implemented in this rule will Warrant Control under the United States this final rule makes this change to the align these twenty ‘‘600 series’’ ECCNs Munitions List (July 8 (implementation) following ECCNs: 0A606, 0A617, 0B606, with structural changes being made to rule) (78 FR 22660). These are not 0B617, 0C606, 0C617, 0D606, 0D617, the ECCN headings when that rule does corrections to the initial implementation 0D617, 0E606, 0E617, 8A609, 8A620, become effective. The changes rule and the July 8 (implementation) 8B609, 8B620, 8C609, 8D609, 8D620, implemented in this rule are limited to rule, but rather are conforming changes 8E609, and 8E620, as added July 8 adding a new section heading and being made as a result of the changes (implementation) rule (78 FR 40892), moving the existing License Exception included in this final rule. This final which goes into effect on January 6, STA paragraphs in these seventy-nine rule also includes clarifications to the 2014. ECCNs to the new STA section heading. April 16 (initial implementation) rule BIS did not receive any comments on that are not limited to conforming (B) Removal of the License Exception STA Paragraphs this change, so BIS is implementing this changes with this final rule, but those change, as proposed, in this final rule. are described below under (6) In order to implement the changes Clarifications to the April 16 (initial described above under (A) Revision of (C) Adding a Cross-Reference After implementation) rule. License Exceptions section heading, this Country Chart Although the November 29 proposed final rule is also removing the License This final rule is revising the rule was published before the initial Exception STA paragraph in the License ‘‘Country Chart’’ paragraph heading in implementation rule and the July 8 Exceptions section of the following the License Requirements section to add (implementation) rule, those final rules seventy-nine ECCNs: 0A606, 0A617, a parenthetical to indicate where the were published without the structural 0B606, 0B617, 0C606, 0C617, 0D606, public can find the Country Chart. The changes described here. At the time of 0D617, 0D617, 0E606, 0E617, 1A002, revised Country Chart paragraph publication of those final rules, their 1C001, 1C007, 1C010, 1C012, 1D002, heading will now read ‘‘Country Chart new ‘‘600 series’’ ECCNs were 1E001, 1E002, 2D001, 2E001, 2E002, (See Supp. No. 1 to part 738).’’ Not all consistent with the existing structure of 3A002, 3B001, 3D001, 3E001, 4A001, ECCNs include a Country Chart the CCL. This final rule makes these 4D001, 4E001, 5A001, 5B001, 5D001, paragraph and a small number of ECCNs structural changes to the ECCNs added 5E001, 6A001, 6A002, 6A003, 6A004, do not rely on the Commerce Country in those two rules and adopts them for 6A006, 6A008, 6B008, 6D001, 6D003, Chart for determining destination-based

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license requirements. Most ECCNs, existing reporting requirements found in whether such notes should be renamed however, are structured to refer to the ECCNs will be consolidated. This rule is to better reflect their role in those information contained in the Country not making any changes to the scope of ECCNs. This commenter noted that Chart paragraph in Supplement No. 1 to current reporting requirements. This unlike other elements of an ECCN, the part 738 to identify destination-based standardized structure will aid in EAR does not address what significance license requirements. The changes in compliance with the reporting exporters should give such notes when this rule will clarify that for the ECCNs requirements and assist exporters in interpreting an ECCN. This commenter that use this structure, exporters, more quickly and easily identifying noted that it would stand to reason that reexporters and transferors need to refer ECCNs subject to reporting these notes are commentary relevant to to the Country Chart in Supplement No. requirements. The rule is adding the ‘‘License Requirements’’ section. That 1 to part 738 to determine destination- new Reporting Requirements section section, however, addresses reasons based license requirements. For heading immediately before the License why export of an item might require a experienced exporters, reexporters, and Exceptions section. license, whereas notes often purport to transferors, this structure is well To implement this change in address substantive scope of an ECCN. understood. The new cross references Supplement No. 1 to part 774 (the BIS does not believe any additional are primarily intended for those Commerce Control List), this final rule renaming of the License Requirements exporters, reexporters, and transferors removes the ‘‘License Requirements Notes is needed at this time, but BIS who are new to the EAR and who may Notes’’ paragraphs in the License will continue to review this issue as an not as readily understand the Requirements section in the following additional option for making the CCL relationship between this standard forty-three ECCNs: 1A002, 1C007, clearer. At this time, the License ECCN paragraph and Supplement No. 1 1C010, 1D002, 1E001, 1E002, 2B003, Requirements Notes tend to have an to part 738. The new parenthetical 2D001, 2E001, 2E002, 3A002, 3B001, ECCN-specific meaning, typically phrase at the end of the Country Chart 3D001, 3E001, 4A001, 4E001, 5A001, describing in greater detail the scope of paragraph will make the relationship 5B001, 5D001, 5E001, 6A001, 6A002, the ECCN or the license requirements explicit. BIS did not receive any 6A003, 6A004, 6A006, 6A008, 6B008, applicable to a specific ECCN. 6D001, 6D003, 6E001, 6E002, 8A001, comments on this change, so BIS is Commenter No. 8 also provided the implementing this change, as proposed, 8A002, 8D001, 8D002, 8E001, 8E002, example of the License Requirement in this final rule. 9B001, 9D001, 9D002, 9E001, 9E002 and Note 1 to 1C351, which states that This final rule also makes this change 9E003. In forty-two of these ECCNs and to the following ECCNs: 9A610, 9A619, in six additional ECCNs: 1C001, 4D001, certain medical products containing 9B610, 9B619, 9C610, 9C619, 9D610, 7D002, 7D003, 7E001, 7E002, this rule most ECCN 1C351 toxins are excluded 9D619, 9E610, and 9E619, as added in adds the new section entitled from 1C351, to illustrate his concern the April 16 (initial implementation) ‘‘REPORTING REQUIREMENTS See and request for guidance. Commenter rule (78 FR 22718), which goes into § 743.1 of the EAR for reporting No. 8 asserted that this creates the effect on October 15, 2013. In addition, requirements for exports under License impression 1C351 would control this final rule also makes this change to Exceptions, Special Comprehensive medical products containing some the following ECCNs: 0A606, 0A617, Licenses, and Validated End-User toxins listed in that ECCN, or possibly 0B606, 0B617, 0C606, 0C617, 0D606, authorizations’’ after the License even other items covered by 1C351. The 0D617, 0D617, 0E606, 0E617, 8A609, Requirements section in each of these ‘‘items’’ paragraph of 1C351, however, 8A620, 8B609, 8B620, 8C609, 8D609, respective ECCNs. BIS is adding the covers only stand-alone viruses, 8D620, 8E609, and 8E620, as added July ‘‘REPORTING REQUIREMENTS’’ bacteria, toxins and fungi. The EAR 8 (implementation) rule (78 FR 40892), paragraph to ECCNs 1C001, 4D001, require that all items controlled under a which goes into effect on January 6, 7D002, 7D003, 7E001 and 7E002 to alert given ECCN be set out in a positive list 2014. exporters that reporting requirements in the ‘‘items’’ paragraph, but ECCN were imposed on these ECCNs in the 1C351’s ‘‘items’’ paragraph does not (D) Adding a New ‘‘Reporting April 16 (initial implementation) rule identify any item that contains a toxin, Requirements’’ Section to Certain through the changes to § 743.1 and the virus, etc., contrary to the implication ECCNs addition of the Wassenaar Arrangement created by License Requirement Note 1. Some ECCNs include references to Sensitive and Very Sensitive Lists as The commenter also contended that BIS reporting requirements, which are Supplements Nos. 6 and 7 to Part 774. takes the position that ECCN 1C351 typically found either in License In ECCN 6A003, this rule adds a does control items containing such Requirement notes or in notes to the Reporting Requirement section with a ECCN 1C351 items. In addition to the ‘‘items’’ paragraphs in the List of Items more detailed statement describing the general response above on the comment Controlled section. BIS has adopted a specific reporting requirement for renaming the License Requirements standardized paragraph structure for applicable to that ECCN. This rule also Notes, BIS provides this specific ECCNs, as much as possible, to assist changes the new Reporting guidance on the meaning of the License the public in classifying items. A Requirements section to ensure that the Requirement Note in 1C351. The standardized paragraph structure helps text conforms to the listing of License Requirement Note is explicit the public classify items by putting the authorizations in § 743.1 that require regarding what is excluded from 1C351 information contained in an ECCN into reporting to BIS. Lastly, this rule and what is classified as 1C991 by a useable and easily recognizable removes the License Requirement Note specifying in the last sentence of the format. The current reporting in 3B001, but does not add a Reporting License Requirement Note that requirements, which are found in Requirements section because 3B001 is ‘‘vaccines, immunotoxins, certain various sections and paragraphs of the not identified in § 743.1, so the medical products, and diagnostic and individual ECCNs, deviate from this reference is no longer needed. food testing kits excluded from the type of standardized structure. To Commenter No. 8 requested that scope of this entry are controlled under address this issue, this final rule is additional explanation be provided ECCN 1C991.’’ Other products may be adding a new section heading called regarding the role of other License 1C351, such as tissue samples that have Reporting Requirements where the Requirements Notes on the CCL and pathogens. However, if this person or

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any other person has a question where all of the heading text precedes the convention of double quotes to regarding the classification of a the phrase ‘‘(see List of Items identify terms that are defined in part particular material or the applicability Controlled)’’ is ECCN 8A002 Marine 772. If a term on the CCL uses double of a License Requirements Note, he or systems, equipment, ‘‘parts’’ and quotes, it means it is a defined term in she may submit a commodity ‘‘components,’’ as follows (see List of part 772. However, the absence of classification request to BIS using the Items Controlled). ECCNs 1A001, double quotes does not mean that a term SNAP–R online submission system. BIS 3A001, 6A001, 7A004, and 9A012 are used on the CCL is not defined in part did not receive any other comments on other examples where all of the heading 772. Because the CCL includes many this change, so BIS is implementing it, text precedes the phrase ‘‘(see List of terms that are defined in part 772, BIS’s as proposed, in this final rule. Items Controlled).’’ practice is to use double quotes for (E) Section 738.2(d)(2)(Reading an If the phrase ‘‘(see List of Items certain defined terms and when it is ECCN). Commenter No. 8 noted that the Controlled)’’ appears in the middle of needed for consistency with multilateral explanations in the November 29 the heading, the ‘‘items’’ paragraph in export control regime based entries, proposed rule of the relationship the List of Items Controlled section is a such as many derived from control lists, between the heading of an ECCN and its description of the items controlled in particular for the Wassenaar ‘‘items’’ paragraph, and the significance under that ECCN for the portion of the Arrangement that also uses the double of the placement of the phrase ‘‘(see List heading that preceded the phrase. quotes convention. However, because of of Items Controlled)’’ in the heading, are However, any portion of the heading the large number of defined terms used at odds with the instructions on reading that follows the phrase ‘‘(see List of on the CCL and a desire to avoid an ECCN in § 738.2(d)(2) of the EAR. Items Controlled)’’ is to be read in hindering readability by placing quotes Section 738.2(d)(2) states that the addition to the ‘‘items’’ paragraph. An around too many terms used in ‘‘items’’ paragraph in the List of Items example of such a heading is ECCN particular ECCNs, BIS’s practice is to Controlled section is the list of items 2B992 Non-‘‘numerically controlled’’ not add double quotes around certain controlled under that ECCN and that if machine tools for generating optical terms, such as items and commodities. the header is a complete list, the quality surfaces, (see List of Items The CCL also includes a convention ‘‘items’’ paragraph consists solely of a Controlled) and ‘‘specially designed’’ regarding the use of single quotes. note directing the reader to review the ‘‘parts’’ and ‘‘components’’ therefor. Single quotes on the CCL identify a term heading. ECCNs 1A006, 3B992, 4A001, 6A006, as a defined term in the context of a BIS accepts this comment and revises and 7A001 are other examples where particular ECCN. However, even within § 738.2(d)(2) of the EAR to address the the phrase ‘‘(see List of Items BIS or other parts of the U.S. commenter’s concerns, and adds new Controlled)’’ appears in the middle of Government these conventions as they paragraphs (d)(2)(iv)(C)(1), (2), and (3) to the ECCN heading. BIS has identified relate to the use of quotes can provide examples of the three different seven additional ECCNs that require the sometimes become more complex than uses of the phrase ‘‘(see List of Items phrase ‘‘(see List of Items Controlled)’’ needed. As a longer term project, BIS Controlled)’’ in ECCN headings. in the ECCN headings: 1C350, 1C355, intends to conduct a review on the use Understanding the relationship between 1C992, 2A991, 3B992, 5A992, and of quotation marks on the CCL and in the heading and the ‘‘items’’ paragraph 9A004. In each of these ECCNs, the the larger EAR to determine if a simpler is important when classifying items that heading is not a complete description of approach could be developed, such as are ‘‘subject to the EAR’’ on the CCL and the items controlled under that ECCN possibly eliminating the use of double these examples will assist the public’s and the ‘‘items’’ paragraph of the List of quotation marks to avoid the incorrect understanding of these provisions of the Items Controlled section details the negative inference that the only defined EAR. These revisions reflect that the items controlled. Therefore, BIS terms are those with double quotation ECCN heading is a list of the items implements the changes suggested by marks. The opposite end of the controlled in the ECCN and that the the commenter in this final rule. spectrum would be to add quotes ‘‘items’’ paragraph in the List of Items around all defined terms, but that would Controlled section will completely (F) Addition of Guidance on the Use of hinder the readability of the CCL. describe portions of the ECCN heading Quotation Marks on the CCL The use of quotation marks on the subject to control if the phrase ‘‘(see List In addition to the changes described CCL is intended to be an aid to alert the of Items Controlled)’’ is in the heading. below for § 774.1, this final rule also reader to terms used on the CCL that are If the phrase ‘‘(see List of Items revises this section to add a new defined in part 772. In this sense the Controlled)’’ does not appear in the paragraph (d) entitled Conventions quotes are helpful, but a good heading, the heading is complete. An related to the use of quotation marks on compliance practice is to familiarize example of such a heading is ECCN the CCL. This new paragraph provides yourself with part 772 and the terms 4E980 ‘‘[t]echnology’’ for the guidance on the use of quotation marks that are defined there, and when ‘‘development,’’ ‘‘production’’ or ‘‘use’’ on the CCL. This guidance is not a reviewing a control parameter on the of commodities controlled by 4A980. substantive change to the CCL and is CCL that uses a term that is not in ECCNs 0A982, 3A292, 5D101, 8D001, limited to providing guidance on BIS’s and 9A002 are other examples where current practice as it relates to the use quotes to be aware it may be defined in the heading is the exclusive description of quotation marks on the CCL. BIS did part 772. of the items classified under those not propose this in the November 29 (4) Removal of Fourteen ECCNs Subject respective ECCNs. proposed rule, but identified this as an to the Exclusive Jurisdiction of the If the phrase ‘‘(see List of Items additional non-substantive clarification Nuclear Regulatory Commission (NRC) Controlled)’’ appears at the end of the that could be made to the CCL. heading, the ‘‘items’’ paragraph in the Therefore, BIS is implementing this (A) Removal of Fourteen ECCNs List of Items Controlled section is a change in this final rule. In the November 29 proposed rule, complete, exclusive description of the As background for this new guidance, BIS proposed removing fourteen ECCNs items controlled under that ECCN and part 772 includes definitions for terms to eliminate certain cross-references to the heading is merely for reference used in the EAR. Throughout the EAR, controls that are under the exclusive purposes. An example of an ECCN but most prevalent in the CCL, BIS uses jurisdiction of other agencies. The

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current CCL includes forty-nine ECCNs increase because of inconsistencies administered by a different agency. BIS that refer to items that are subject to the among the regulations. This rule only agrees. Commenter No. 3 opposed the exclusive jurisdiction of the Department removes the fourteen ECCNs that refer removal of these fourteen ECCNs, of Energy (DOE), the NRC, or the to NRC controls. The ECCN that refers stating that the removal of the fourteen Department of State. They constitute to DOE export controls is ECCN 0E001, ECCNs would not result in clarity but approximately 10% of the total number and that ECCN is not being removed at rather in complexity. Commenter No. 3 of ECCNs on the CCL. Of the forty-nine this time because it also includes certain included a number of reasons ECCNs, fourteen are subject to the portions of the entry that are ‘‘subject to supporting their position and also export licensing authority of the NRC at the ITAR.’’ However, to avoid included suggested alternatives. BIS 10 CFR part 110. This final rule is uncertainties for exporters, reexporters reviewed these comments and responds removing these fourteen ECCNs from and transferors as noted in the example to these comments below. BIS’s analysis the CCL. The fourteen ECCNs are above, BIS will endeavor to remove also included conducting analysis of 0A001, 0B001, 0B002, 0B003, 0B004, cross references to ECCNs that refer to data in the Automated Export System 0B005, 0B006, 0C001, 0C002, 0C004, DOE and NRC controls to avoid (AES) for these fourteen ECCNs to 0C005, 0C006, 0C201 and 1C012. These inconsistencies among regulations. further evaluate these changes. The ECCNs are Nuclear Trigger List items, so Given that the NRC respective analysis of the AES data in particular the jurisdiction of these items is already regulations are controlling in this area highlighted for BIS and the NRC that established under U.S. export controls and these ECCNs are only acting as a these cross references have not been and, as explained below, there is no cross reference, BIS proposed the reported properly in AES in certain need to include this additional cross removal of these ECCNs in the cases, such as EAR license exceptions or reference from the CCL to the controls November 29 rule. No License Required (NLR) designations maintained by the Nuclear Regulatory Although BIS proposed to remove the being reported for some of these Commission. cross-references, BIS has determined fourteen ECCNs that are subject to the BIS’s original purpose for including there still is utility in including general NRC. BIS is working with the U.S. these ECCNs on the CCL was to cross references to other agencies’ Census Bureau and the NRC at this time supplement § 734.3 (Items subject to the controls, including after the review of to create a change in AES that will EAR) under paragraph (b)(1), which the comments received in response to create a fatal error for AES filers who try describes items that are not subject to the November 29 rule. Thus, this final to use any type of EAR authorization or the EAR because they are subject to the rule includes a general cross reference at NLR designation for these fourteen exclusive jurisdiction of another agency the beginning of the CCL in a revised ECCNs that are subject to the exclusive of the U.S. Government, and to § 774.1 (Introduction) that contains jurisdiction of the NRC and that are supplement the jurisdiction information those ECCNs that have been reserved being removed from the CCL in this for the other U.S. Government agencies and are subject to the exclusive final rule. BIS addresses the comments found in Supplement No. 3 to part 730 jurisdiction of another agency of the received below, but the review of the (Other U.S. Government Departments U.S. Government. In addition, the AES data also played an important role and Agencies with Export Control related control paragraphs of ECCNs in informing BIS’s decision to move Responsibilities). BIS also included contain cross references to controls of forward with the implementation of the these ECCNs to better align the CCL other agencies to the extent that such removal of these fourteen ECCNs as with the European Union’s control lists controls are similar to or related to the proposed in the November 29 rule with that are primarily based on the controls of certain ECCNs. minor modifications based on the multilateral export control regimes. The remaining thirty-five of the forty- review of the public comments. However, by including references to nine ECCNs refer to items that are other agencies’ controls in specific ‘‘subject to the ITAR,’’ which is Commenter No. 3 indicated the ECCNs there is the potential that such maintained by the Department of State. removal of the fourteen ECCNs leaves ECCN references will become out of Given the ongoing review of the United exporters without valid ECCNs and no date if the other agencies update their States Munitions List (USML) that is viable alternative is offered. Commenter respective regulations and the being conducted under the ECR No. 3 noted the proposed replacement corresponding changes are not made in Initiative, it is premature to remove or list in § 774.1 of the EAR is little more the EAR in a timely manner. revise these thirty-five ECCNs. In than a difficult-to-find and difficult-to- For example, on September 7, 2011 addition, given the number of cross use footnote. BIS understands that (76 FR 55278), the National Nuclear references, in particular in Categories 7 certain exporters are more comfortable Security Administration, Department of and 9 of the CCL, to these thirty-five with using the CCL than the NRC’s Energy (DOE), published a notice of ECCNs, BIS determined that removing control list, but the fact remains these proposed rulemaking that proposed the ECCNs that are ‘‘subject to the items are not subject to the EAR. various amendments to regulations ITAR’’ should be addressed once the Therefore, although these fourteen concerning unclassified assistance to review of the USML has been ECCNs alert the public that these items foreign atomic energy activities. These completed. Therefore, BIS is not are subject to the exclusive jurisdiction proposed revisions were intended to implementing any additional changes in of the NRC, exporters still must review reduce uncertainties for industry users this final rule for those remaining 35 the NRC’s control list and regulations to concerning which foreign nuclear ECCNs. determine their responsibilities under related activities by U.S. persons are BIS received two comments on these the NRC regulations. There is and can ‘‘generally authorized’’ under the proposed changes in the November 29 be no easy substitute for reviewing the regulation and which activities require rule. One commenter supported and one NRC’s control list. The new CCL Order a ‘‘specific authorization’’ from the commenter opposed the changes. of Review that was added to the EAR in Secretary of Energy. However, if the Commenter No. 7 supported the the initial implementation final rule ECCNs on the CCL that currently refer removal of the fourteen ECCNs, stating published on April 16, 2013 further to DOE and the NRC controls are not that these changes will avoid regulatory clarified this issue in terms of the updated, the uncertainties for exporters, confusion and eliminate the need for proposed order of review of the CCL. If reexporters and transferors would BIS to continually update controls the item is not subject to the EAR

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because it is subject to the exclusive authorization or NLR designation be referenced above, but BIS believes this jurisdiction of another U.S. Government used in AES for an item that is subject simplified approach will address the export control agency, you should exit to the exclusive jurisdiction of the NRC. concern noted by the commenter, while the EAR and consult the other agency’s As noted above, BIS and the NRC are still alerting the public that certain controls. Other parts of the EAR, such working with the U.S. Census Bureau to items related to 3A233 may be subject as Supplement No. 3 to part 730 create a fatal error, which is expected to to the NRC’s regulations. BIS is making referenced above and § 734.3(b), also be implemented in 2014, to prevent changes to similar ECCNs where address this issue. BIS has made some filers from being able to reference EAR conforming changes are being made, in changes to § 774.1 to make those authorizations or the NLR designation. particular to those ECCNs where new references more useful as a historical Commenter No. 3 also noted the heading notes were proposed. BIS will reference to these fourteen ECCNs and proposed language for some ECCNs is continue to evaluate the best approach to also act as a better cross reference to cumbersome, awkward and confusing. for referencing the NRC’s controls and the multilateral export control regime Commenter No. 3 offered ECCN 3A233 in the future may simply add such entries that applied to these fourteen as an example, stating the proposed information to the ‘‘related controls’’ ECCNs at the time of their removal. language is cumbersome and awkward, paragraphs of these ECCNs that are Commenter No. 3 also noted the requiring 40 words (including two subject to the EAR. However, for negative impact on Customs and Border defined terms) to describe an exclusion purposes of the changes being Protection (CBP) because CBP cannot that the current language accomplishes implemented in this final rule, BIS has rely on those fourteen ECCNs anymore. in six words. On a related issue this determined this modified approach best The commenter noted that the NRC’s commenter stated that the proposed achieves the objectives of the rule to regulations under 10 CFR part 110 do changes do not prevent cross-references remove these fourteen ECCNs and to not use the standard ECCN format, so from becoming out of date, and make appropriate conforming changes Customs cannot directly relate ECCNs therefore might not reduce maintenance. to the CCL ECCNs where needed, while on the shipping document to NRC In the existing CCL, the NRC ECCNs are not re-creating the need to update the export controls. The commenter noted if clearly partitioned from the BIS ECCNs, CCL to track with changes to the NRC these fourteen ECCNs are removed as but the proposed rule would blur the regulations. The commenter correctly proposed in the November 29 rule, distinction, in some cases by adding noted this was one of the rationales Customs officers would need to refer to Heading Notes (e.g., 3A225) and in other provided for the November 29 changes. an old version of the CCL or possibly to cases modifying the chapeau itself (e.g., BIS agrees with the commenter that a the European Union (EU) control list. 3A233). The commenter noted that both slightly revised approach is needed in BIS does not agree with this comment. approaches incorporate more tightly this final rule to achieve those CBP does not and should not rely on the into the CCL the NRC control language objectives. CCL for items that are subject to the that BIS wishes to remove. The Commenter No. 3 also noted that exclusive jurisdiction of another agency commenter asserted that the probable timely maintenance of the NRC ECCNs of the U.S. Government. For items outcome of this proposal would increase might not be needed. This commenter described in these fourteen ECCN cross rather than decrease BIS maintenance. believed the existing structure of the references or any other item that is As a result of BIS’s review of these CCL provides clear and adequate notice subject to the exclusive jurisdiction of comments, BIS has made changes in the to exporters that certain items are the NRC, CBP evaluates whether the final rule. BIS will not be implementing subject to the export licensing item is subject to the exclusive the Heading Notes. In other places jurisdiction of the NRC. Therefore, jurisdiction of the NRC and whether it where a large amount of text was timely maintenance of fourteen NRC is being exported in accordance with the needed, BIS has removed the detailed ECCNs in the CCL is not required. For NRC’s regulations. The EAR does not description of the NRC controls in the reasons noted above, BIS does not enter into their analysis. If there is any ECCNs that previously referenced one or agree with this comment; NRC’s question regarding the jurisdiction or more of the fourteen ECCNs being regulations would control the classification of the item or whether it removed. This final rule instead transaction, not the CCL, regardless of is being exported in accordance with the includes a general reminder that items whether the commenter believes the NRC regulations, CBP would follow up that are subject to the exclusive CCL is an easier list to review. The directly with the NRC, similar to what jurisdiction of the NRC are not subject commenter may wish to contact the is done under the EAR for items that are to the scope of the particular ECCN in NRC and make suggestions for how the subject to the EAR. As noted above, the question. For example, 3A233, which NRC control list could be reconfigured NRC’s list and regulations control the was identified by the commenter as to make it more user friendly and more transaction; therefore, CBP would refer overly complex and ambiguous as consistent with the structure used by directly to the NRC’s list. proposed for revision in the November the multilateral export control regimes. Commenter No. 3, who opposes the 29 rule, is simplified in this final rule The premise that CCL entries are change, also noted that if the fourteen as described in the next paragraph, controlling or that the CCL entries can NRC ECCNs were removed from CCL, an along with similar changes being made be relied on is incorrect. This analytical exporter could erroneously choose to on the CCL for those conforming approach demonstrates an incorrect use no ECCN, to invent a non-standard changes to the fourteen ECCNs being overreliance on the CCL for items that ECCN, or to use the (now questionably- removed in this final rule. are not subject to the EAR, and further documented) former CCL ECCN. As BIS The changes in this final rule to reinforces BIS’s decision to remove noted in response to the previous 3A233 clarify the mass spectrometers these fourteen ECCNs. comment, the exporter should use the controlled under this ECCN do not Commenter No. 3 also noted that classification for the item based on the include ‘‘items that are subject to the because the Nuclear Trigger List rarely NRC’s control list. The exporter should export licensing authority of the Nuclear changes, it is not difficult to stay current also use the applicable NRC Regulatory Commission (see 10 CFR with it. BIS agrees that the Nuclear authorization or designation when part 110).’’ This concept is already Trigger List rarely changes, but given entering data in AES. Under no specified in other parts of the EAR, the importance of exporters making a circumstances should an EAR including the new CCL Order of Review correct determination regarding the

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export control jurisdiction for an item, spectrometers, etc. and are under the does not agree the removal sets a bad and the fact that there is a real licensing jurisdiction of the Department precedent for other countries. Each possibility of the NRC control list and of Commerce. The International Atomic country that is a member of the the CCL entries’ becoming inconsistent Energy Agency (IAEA) publishes both multilateral export control regimes due to ill-timed updating, BIS has annexes under INFCIRC/254/Part1 and implements those multilateral determined that the best approach is to INFCIRC/254/Part 2. They may also be agreements into its own export control create a clean break between the CCL viewed on the Nuclear Suppliers Group system, including determining what and the NRC regarding items that are Web site. types of agency structure (single agency subject to the exclusive jurisdiction of Commenter No. 3 also noted that the or multiple agencies) and type of control the NRC. complexity of text could potentially also list (single control list or multiple Commenter No. 3 also noted the NRC create burden for U.S. companies in the control lists) is most appropriate under rule example cited in the November 29 event that foreign export control its respective national export controls. proposed rule did not change the authorities were to request clarification The importance is placed on Nuclear Trigger List. The cited NRC rule on whether the scope of, for example, implementing U.S. Government only clarified when a license was U.S. ECCN 3A233 is equivalent to the multilateral regime commitments, required. This commenter is correct, but scope of their national ECCN 3A233. which the U.S. Government has done. based on the commenter’s earlier BIS does not see this as a burden and This includes the removal of these comments about relying on the CCL and also does not see this as the type of fourteen ECCNs that, although the cross- the fact that it appears from the AES information that should be expected to references to the NRC controls are being data that certain exporters may not be be provided by a U.S. company. The removed from the CCL, are still referring at all to the NRC regulations U.S. Government is available to answer controlled under the NRC. Therefore, and simply relying on one of those any questions from foreign parties, the U.S. Government is meeting its fourteen ECCNs and using an EAR including other regime member obligations to the Nuclear Suppliers authorization or NLR designation, any governments, about how U.S. export Group and other regimes as applicable, change to the NRC regulations in control lists correspond with so BIS does not agree that the removal particular regarding license multilateral export control regime of these fourteen ECCNs will set a bad requirements is still relevant. In control lists. Therefore, if a U.S. precedent. addition, there are other examples company receives such a request, they Commenter No. 3 noted that these where the current NRC controls may may simply direct those foreign parties removals are contrary to the ‘‘single have greater or less specificity than to contact the applicable agency of the control list’’ goal of export control what is currently reflected on the CCL, U.S. Government, in this case the NRC, reform. BIS does not agree. The NRC which again speaks to the importance of for resolution. and DOE regulations are not currently exporters’ reviewing the actual NRC Commenter No. 3 noted that part of the single list objective of the control lists instead of relying on the alignment with the EU control list ECR Initiative, so there is no CCL to perform that function for them. remains a worthwhile goal. The inconsistency with this ECR objective. This commenter also suggested that commenter noted that the November 29 Commenter No. 3 also offered two ECCN 0B002 contains an error and does proposed rule did not seek to explain options for BIS to consider instead of not match the Nuclear Trigger List. why this goal is no longer worthwhile. removing these fourteen ECCNs, along BIS reviewed ECCN 0B002 and BIS has added in this final rule with various proposed conforming concluded that the current 0B002 is references to the multilateral export changes to other ECCNs. The first option consistent with the multilateral control control regimes’ control list to partially was retaining these ECCNs because it list. However, this example provides address this comment. The U.S. export creates an easy way to identify and further support for the decision to control system implements U.S. classify these items. The commenter remove the fourteen ECCNs so that all Government commitments to the asserted that retention of the fourteen descriptions of NRC controls will be in multilateral export control regimes in NRC ECCNs on the CCL would provide NRC regulations. each of the respective agency control a natural method for U.S. exporters to BIS provides this paragraph to lists as applicable for the particular use an ECCN that is automatically and provide additional background on the regimes. The removal of these fourteen instantaneously recognized by all reference above to the Nuclear Trigger ECCNs does not change the commitment parties (exporter, importer, licensing List and how that fits in with the U.S. of the U.S. Government to control such officer, or enforcement officer) export control system. The Nuclear items that are reflected in the NRC worldwide. For the reason discussed Suppliers Group controls two groups of control list. For the reasons noted above, above in this section under (4)(A), BIS items. The Part 1 Annex, which is often though, not removing these fourteen does not accept this approach. referred to as the Trigger List, controls ECCNs on the CCL may cause ambiguity The second option was to retain the those items that are uniquely nuclear, regarding the proper export control fourteen ECCNs, but limit them to the such as nuclear reactors and jurisdiction between the CCL and the headings with a cross reference back to components; centrifuges and other NRC’s control lists. For that reason, this the NRC. Under this alternative, the enrichment equipment; nuclear final rule removes those entries and regulations would not remove the materials such as uranium and replaces them with more general cross fourteen ECCN chapeaux within the plutonium; heavy water facilities, etc. references to the NRC’s control lists. CCL, but instead would delete the These and other related items are Commenter No. 3 noted that the various subparagraphs of those ECCNs, controlled by the NRC under 10 CFR removal of these ECCNs could set an and for ‘‘List of Items Controlled’’ Part 110. The related Part 1 technology undesirable precedent. This commenter indicate ‘‘refer to NRC at 10 CFR 110.’’ is controlled by the Department of believed U.S. action to split what had Simultaneously (so as to preclude the Energy under 10 CFR Part 810. The Part hitherto been a single control list into scenario described in option 1, above), 2 or Dual Use annex, covers those items multiple lists could establish a the commenter suggested that BIS that have both a nuclear and non- precedent for other countries to do undertake joint BIS/NRC action to nuclear end use such as machine tools, likewise—resulting in more complexity update the NRC control list to use the pressure transducers, mass in global export control system. BIS standard ECCN format. As noted above,

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BIS has simplified the cross references ECCNs are referenced, an effort to insert (C) Adding a General Cross Reference to to these fourteen ECCNs that were all the text into the headings as a the Fourteen ECCNs That Would Be removed in the ECCNs that are retained conforming change would not be Removed on the CCL based, in part, on this feasible. However, for other ECCNs, the In § 774.1 (Introduction), this final comment. However, for the reasons November 29 rule proposed adding rule redesignates the introductory text noted above, BIS believes removing the heading notes, which would provide of the section as paragraph (a) with the fourteen ECCNs is the best way to more space to describe the substance of heading ‘‘Scope of the control list,’’ and achieve the policy objectives identified, the ECCNs that would be removed from adds a paragraph (b) with the heading so BIS does not accept this change. the respective headings. After further ‘‘ECCN cross-references for items (B) Changes to the CCL To Conform to review, BIS determined a simpler subject to the exclusive jurisdiction of the Removal of These Fourteen ECCNs approach could be taken that is also another agency.’’ The introductory text more consistent with the existing EAR In addition to removing the fourteen of paragraph (b) indicates that prior to by simply including text to alert the ECCNs, this final rule also makes the date of publication in the Federal conforming changes to eleven ECCNs public those eleven ECCNs exclude Register of this final rule, the CCL that would be retained on the CCL. The items that are subject to the export contained fourteen ECCNs that were ECCNs that are revised by this rule licensing authority of the Nuclear included as cross references on the CCL contain references to one or more of the Regulatory Commission (see 10 CFR to the export control regulations fourteen ECCNs that are being removed. part 110). administered by the NRC. Paragraph (b) The removal of the fourteen ECCNs ECCNs 1A290, 1C107 and 1E001. This identifies ECCNs formerly listed on the should not affect the existing controls final rule revises three ‘‘related CCL that were subject to the jurisdiction for items subject to the EAR. However, controls’’ paragraphs in ECCNs 1A290, of the NRC at 10 CFR part 110. This rule given the relationship between the 1C107 and 1E001. These changes revise is adding a note to paragraph (b) to fourteen ECCNs removed and the ten references to one or more of the fourteen indicate that ECCNs 0D001 and 0E001 ECCNs where conforming changes were removed ECCNs in each of the three (ECCNs that are retained on the CCL) made, BIS noted in the November 29 remaining ECCNs and replace them were subject to the jurisdiction of the NRC at 10 CFR part 110 or jurisdiction proposed rule that it was particularly with a reference, in the related controls of the DOE at 10 CFR part 810, but also interested whether the proposed paragraph, to the NRC regulations. have certain portions that, as of the date changes accurately capture the intent of These changes will reduce the need for of publication of this rule, were ‘‘subject the previous references (i.e., the cross-referencing in the CCL to the to the ITAR.’’ These ECCNs are retained references to the fourteen ECCNs that fourteen removed ECCNs. The on the CCL as a cross reference. For the would be removed in the ten ECCNs November 29 rule proposed to describe that are retained on the CCL). These reasons noted above, BIS will the NRC controls in the related controls comments and BIS’ responses are implement these changes, as proposed, paragraph. The November 29 rule discussed above in this section. in this final rule. The final rule makes conforming described the approach being adopted (5) Revisions to Shipping Tolerances changes to the following eleven ECCNs: as an alternative. BIS welcomed and Removal of All ‘‘Unit’’ Paragraphs 1A290, 1C107, 1C240, 1C298, 3A225, comments from the public regarding 3A226, 3A227, 3A233, 3A999, 6A005, whether this alternate approach of BIS in this final rule is revising the and 6A205. This rule’s revisions consist simply using broad descriptors or some way shipping tolerances are calculated of the following: other approach not yet considered by and applied under the EAR. This rule ECCNs 3A225, 3A226, 3A227, 3A233, BIS would be better than what was revises § 750.11 (Shipping tolerances) to 6A005, and 6A205. This final rule proposed. After reviewing the public state that all items are licensed based on revises seven ECCN headings (1C240, comments, as discussed above, BIS both quantity and value of the items. 3A225, 3A226, 3A227, 3A233, 6A005, decided to adopt this alternate approach Quantity will be denominated in the and 6A205). This rule takes this consistent with the above described unit of quantity that is in general approach to minimize the number of cross references to the fourteen removed commercial usage for the trade of each changes that would need to be made, ECCNs in ECCN headings. item. All licenses will be strictly limited while still ensuring the headings reflect ECCN 1E001. This final rule also by the quantity approved on the license the intended scope of these six ECCNs. revises 1E001 by removing the reference and no shipping tolerance will be On the CCL, these seven ECCN to 1C012 in the License Exception STA available to exceed that quantity. A headings include references to some of paragraph in the License Exceptions shipping tolerance of ten percent will be the fourteen ECCNs that are being section. This ECCN is subject to the available on the total approved value for removed as a shorthand way of exclusive jurisdiction of another agency. all commodities subject to the EAR to communicating the scope of items Thus, License Exception STA could account for price uncertainty and price inflation over the four year validity controlled. Therefore, the removal of never be used as the authority to export fourteen ECCNs requires that a broader period of the license. Additionally, this an item described in 1C012. BIS did not description be added to the headings of rule removes the ‘‘Unit’’ paragraph from receive any comments on this change, these seven ECCNs. In the November 29 the List of Items Controlled section of so this change is implemented, as rule, BIS indicated that if only one of every ECCN on the CCL. BIS will no proposed, in this final rule. the fourteen ECCNs that would be longer differentiate between items based removed is referenced, then BIS ECCN 1C298. This final rule revises on unit for the availability of shipping believed that in most cases it is easy to one CCL note in ECCN 1C298 to remove tolerances, so all commodities will be incorporate the text of the removed references to one or more of the fourteen licensed in the unit of quantity ECCN into the heading of the seven ECCNs that would be removed by this commonly used in the trade of that ECCNs. However, there are certain rule. BIS did not receive any comments good. This final rule also makes ECCNs that reference one or more of the on this change, so this change is conforming changes to paragraph fourteen ECCNs that are being removed implemented, as proposed, in this final (d)(2)(iii)(A) of § 738.2 (Commerce by this rule. In the cases where multiple rule. Control List (CCL) structure); § 738.4

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(Determining whether a license is desire for a single, simple shipping Once the unit of quantity and number required); § 742.2 (Proliferation of tolerance threshold across the EAR, BIS of items is established, the applicant chemical and biological weapons)(e); is undertaking this revision of the EAR. will determine the per unit value of the paragraph (e)(Quantity) and (f)(Units) of Automatic decrementation can only be item and will report that value to BIS. Supplement No. 1 to Part 748—BIS– calculated on the monetary value of the The applicant will then multiply the per 748P, BIS–748P–A: Item Appendix, and shipment, so to simplify and unit value by the number sought to be BIS–748P–B: End-User Appendix; standardize the shipping tolerances, BIS exported to arrive at the total value of Multipurpose Application Instructions;, is allowing shipping tolerances on value the license and report that to BIS in the and paragraphs (c)(1)(ii), (c)(1), (viii) for all items. Additionally, BIS is no license application. If the license is and (f) of § 750.7 (Issuance of Licenses). longer allowing any shipping tolerance granted, the exporter will be limited to BIS is making these revisions to the to the quantity approved in the license. both the number and the value EAR as a result of public comments This change requires BIS to revise how approved on the license. received in response to the proposed shipping tolerances are calculated and This eliminates any distinction rule and to a notice of inquiry (NOI), when they are allowed. between commodities regarding the Request for Public Comments on Commodities on the CCL are currently availability or calculation of shipping Shipping Tolerances for Export Licenses assigned a unit of quantity in the ‘‘Unit’’ tolerances. This rule therefore also Issued by the Bureau of Industry and paragraph in the List of Items Controlled makes shipping tolerances available for Security (BIS), that BIS published on section of each ECCN. These units of all items up to ten percent of the value July 5, 2012 (77 FR 39679). In the NOI, quantity are number, dollar value, or authorized on the license. Each license the public was requested to provide area, weight or other measure. The authorized by BIS will have both a responses to the following three issues: commodities are licensed in this unit of number and a value. If the exporter has (1) If the current Export quantity, meaning that a license for an shipped the number of items approved Administration Regulations (EAR) item denominated in number authorizes on the license, but has not yet shipped shipping tolerance rules should be shipments of the commodity until the the total value authorized, the license is maintained or if changes should be number has been reached. For items exhausted and no more items may be made that facilitate automatic licensed in number or area, weight or shipped under that license. If, however, calculation of the remaining license other measure, the exporter must the exporter has shipped the total value value; estimate the per unit cost and the of the license, but has not yet shipped (2) If the EAR shipping tolerance rules license contains a total dollar value the total number authorized, the were changed, (i) should BIS continue authorized. For items denominated in exporter may continue to ship against to exclude certain Export Control value, the exporter must provide BIS the the license until the total value shipped Classification Numbers (ECCNs) from number in whatever unit of quantity is reaches 110% of the value authorized having an allowable shipping tolerance, common in that trade and the license on the license, or the exporter reaches and (ii) should the dollar value-based contains a quantity authorized. the number of items authorized on the shipping tolerance be set at ten percent Presently, shipping tolerances are license, whichever occurs first. to match the Department of State rules; available to allow exporters to legally Shipping tolerances on value are and exceed the quantity or value on the allowed to accommodate inflation of the (3) Whether an automatic calculation license in certain circumstances. Items value of the commodities over the of the dollar value-based shipping denominated in number are eligible for validity period of the license. BIS has tolerance in AES (electronic a shipping tolerance of up to twenty-five determined that over the four year decrementation) would assist exporters percent of the value authorized on the validity period that will be applicable to in maintaining compliance with the license. Items denominated in area, most licenses, a ten percent shipping allowable shipping dollar value of the weight or other measure are eligible for tolerance is reasonable to accommodate license. a shipping tolerance of up to twenty-five potential inflation for the foreseeable BIS received 11 comments in percent of the value and up to ten future. If a shipping tolerance is not response to the NOI. Most were percent on the quantity authorized on appropriate for a specific transaction, supportive of automatic decrementation the license. Items denominated in value BIS may stipulate a different shipping of the license value. One commenter are not eligible for any shipping tolerance on the license. It is the noted that quantity is not automatically tolerance on the value or the quantity responsibility of the exporter to ensure checked against the licensed amount authorized on the license. compliance with all license conditions, under the current DDTC system or the To amend this existing structure, this including any shipping tolerance BIS proposal, and that calculation of final rule standardizes the unit of specified on the license. quantity overages presents a risk of measure for all items as the number By standardizing the unit for all items violations. Two commenters noted that based on the unit of quantity commonly as the number based on the unit of a single percentage for all commodities used in the trade of that good. This quantity commonly used in the trade of would be simpler and easier to means that the applicant will identify that commodity, BIS has also removed calculate. Additional comments were the appropriate unit of quantity on the the need to identify the unit in each outside the scope of the inquiry and license application and the quantity of ECCN. Therefore, this rule eliminated addressed AES specific issues. the commodity to be exported the ‘‘Unit’’ paragraph in the List of Items BIS received one comment in calculated in that unit of quantity. For Controlled section of each ECCN. This response to the November 29 proposed the majority of commodities, this unit of will simplify the CCL and eliminate a rule that related to unit paragraphs. The quantity will be the number of point of confusion for many exporters. commenter identified several unit individual items, as described in the Additionally, the removal of all paragraphs that contained listings for ECCN. For example, if an applicant ‘‘unit’’ paragraphs removes the need to types of items that are not controlled in wishes to export integrated circuits make the revisions to the ‘‘unit’’ that ECCN. This comment and the BIS controlled under ECCN 3A001, they will paragraphs that were described in the response was also discussed above. identify the number of individual November 29 proposed rule. Therefore Based on the commenters’ support for integrated circuits they would like BIS the proposed changes to ECCNs 2A292, the automatic decrementation and the to authorize for export. 2B201, 2B206, 2B209, 2B290, 6A102,

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6A203, 6A225, 6A226, 6A992, 6A994, to correct unintended or inconsistent a ‘‘600 series’’ ECCN when destined for 6A995, 6C992, 6C994, 9A106, and policy outcomes, or to make other minor a country listed in Country Group D:5. 9A120 will not be made, as was clarifications to the April 16 (initial To address the inconsistent treatment discussed earlier in the ‘‘parts’’ and implementation) rule. of the .y items discussed above, this ‘‘components’’ changes discussion of BIS conducted a significant amount of final rule adds a new paragraph (a)(6)(ii) this final rule. outreach to explain the initial BIS recognizes that for items currently implementation rule, including to address the exclusion for ‘‘600 series’’ denominated in number, this rule will providing a number of opportunities for .y items. This new paragraph will reduce the applicable shipping the public to submit questions to BIS specify there is no de minimis level for tolerance from twenty-five percent of about the changes that will become foreign-made items that incorporate the total authorized value to ten percent. effective on October 15, 2013. As BIS U.S.-origin ‘‘600 series’’ .y items when To avoid unsettling exporter has answered these questions, including destined for a country listed in Country expectations on the use of existing conducting outreach to other parts of Group E:1 or for the People’s Republic authorizations and avoid confusion, the the U.S. Government and internally of China (PRC). BIS decided to take this changes in shipping tolerances will only within BIS, BIS determined that there approach to address the inconsistent apply to licenses granted after this rule was a need to provide these treatment because BIS, in consultation becomes effective. In addition, because clarifications to the initial with its interagency partners, previously a purchase order is not needed in order implementation rule. concluded that D:5 countries other than to apply for a license, applicants that (A) Clarification of de Minimis China and E:1 countries do not present have a desire or need for an additional Exclusion for .y ‘‘600 series’’ Items To a high enough diversion risk to warrant tolerance once this rule becomes Ensure Consistent Treatment When this approach for .y items, which are not effective may simply request an Exported or Reexported as Stand-Alone as militarily significant as other ‘‘600 additional quantity in the original Items and When Incorporated series’’ items (as noted in June 21, 2012 license application. Therefore, BIS (transition) proposed rule). believes the impact on applicants will The initial implementation rule added be minimal, but adopting this simplified a new paragraph (a)(6) to Section 734.4 (B) Removal of Sentence No Longer shipping tolerance and removal of the (De minimis U.S. content). New Needed Because of the de Minimis ‘‘Units’’ paragraphs will make the CCL paragraph (a)(6) excludes all ‘‘600 Changes Included in the Initial clearer. The changes implemented in series’’ items from de minimis eligibility Implementation Rule the final rule will also be an important when destined to a D:5 Country in step in moving toward decrementing Supplement No. 1 to part 740. The ‘‘600 In § 740.10 (License Exception BIS licenses in AES, which based on the series’’ .y items are controlled for AT1, Servicing and replacement of parts and public comments received in response so these items are subject to a license equipment (RPL) in this final rule, BIS to the NOI, is something strongly requirement for the E:1 countries and is removing the second sentence of supported by the public. for China because of the PRC military paragraph (b)(2)(ii) because it is not end-use control. The E:1 countries and (6) Clarifications to the April 16 (Initial needed in light of the de minimis China are also D:5 countries. Therefore, changes included in the initial Implementation) Rule the exclusion from de minimis implementation rule. The second BIS is making three clarifications to eligibility for .y items for the E:1 sentence in paragraph (b)(2)(ii) was the April 16 (initial implementation) countries and China is consistent. The rule as a result of questions and ‘‘600 series’’ .y items are subject to a originally proposed in the July 15 comments from the public that license requirement if exported or (framework) rule and was worded in the identified unintended or inconsistent reexported to these countries as discrete way it was because of the 10% de policy outcomes after the publication of items and when incorporated with a minimis rule that was originally the final rule. These changes are in foreign made item because .y items are proposed in that rule. Specifically, the addition to the conforming changes not eligible for de minimis because of second sentence for the ‘‘600 series’’ did being made to the April 16, 2013 rule paragraph (a)(6). not extend to parts, components, described above under ‘‘(3) Structural For the other D:5 countries, however, accessories, attachments and changes to improve the clarity of the there is an inconsistency, because ‘‘600 attachments contained in commodities CCL.’’ As noted above, the April 16 series’’ .y items are not subject to a that were made in a foreign country (initial implementation) rule revises the license requirement when exported or incorporating authorized U.S.-origin CCL by adding a structure and related reexported as discrete items. However, parts, components, accessories or provisions to control munitions items if any .y item is incorporated into a attachments. However, after subsequent that the President has determined no foreign made item, the foreign made review of the public comments and longer warrant export control on the item would become subject to the EAR further consideration, BIS adopted a USML on the CCL, specifically certain when reexported or exported from simpler de minimis rule for the ‘‘600 aircraft, gas turbine engines, and related abroad, because of the paragraph (a)(6) series.’’ Because countries listed in D:5 items. The initial implementation rule exclusion from de minimis for all ‘‘600 are subject to a 0% de minimis rule for was published in conjunction with a series’’ items for D:5 countries. ‘‘600 series’’ items, except for .y items Department of State document that To ensure consistent treatment for .y as described above, there is no longer a revises the USML so that upon the items, this final rule revises paragraph need for the second sentence in effective date of both documents (a)(6) to add a heading for paragraph (October 15, 2013), the USML and CCL (a)(6) (‘‘600 series’’) and add new (b)(2)(ii). Therefore, in this final rule, and corresponding regulatory structures paragraphs (a)(6)(i) and (a)(6)(ii). BIS is removing the second sentence will be complementary. The Department Paragraph (a)(6)(i) specifies there is no that was specific to the ‘‘600 series.’’ of Commerce and State will publish de minimis level for foreign-made items The requirements in (b)(2)(ii) that apply corrections to the April 16 final rules that incorporate U.S.-origin ‘‘600 series’’ to non-‘‘600 series’’ parts, components, prior to October 15, 2013. The changes items enumerated or otherwise accessories, and attachments will apply described here are minor clarifications described in paragraphs .a through .x of to the ‘‘600 series.’’

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(C) Clarification of What ECCNs Are (D) Clarification on the Applicability of paragraph (b)(3). The newly added note Considered Controlled for AT-Only, for Paragraph (b)(3) and (b)(4) ‘releases’ includes a third example to highlight Purposes of ‘‘specially designed’’ From ‘‘specially designed’’ for ECCNs when paragraph (b)(3) would not be The April 16 (initial implementation) Controlled for AT-Only Reasons available by noting that if the single rule added a new definition of This final rule also adds to the gasket is or was only used in the ‘‘specially designed.’’ This final rule ‘‘specially designed’’ definition a new ‘‘production’’ of ECCN 9A990 tractors adds a sentence to the end of Note 1 of Note to paragraphs (b)(3) and (b)(4). that are in ‘‘production,’’ then paragraph ‘‘specially designed’’ definition to This new note clarifies when paragraph (b)(3) would not be available. Lastly, the clarify which ECCNs are controlled for (b)(3) and (b)(4) can be used to ‘release’ note being added clarifies that the same AT-only reasons for purposes of the ‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ concept applies for paragraph (b)(4). ‘‘specially designed’’ definition. This ‘‘attachments,’’ or ‘‘software’’ for ECCNs (E) Clarification of the Definition of sentence lists seventy-three ECCNs, that are controlled for AT-only reasons. ‘‘end item’’ That Was Added in the which are the following ECCNs: 0A999, Because the ‘release’ criteria of Initial Implementation Final Rule 1A995, 1A999, 1C990, 1C996, 1C998, paragraphs (b)(3) and (b)(4) use This final rule is revising the 1D993, 1D999, 1E994, 1E998, 2A991, ‘‘controlled for AT-only reasons,’’ the definition of ‘‘end item’’ that was added 2A994, 2A999, 2B991, 2B992, 2B993, application of these paragraphs for in § 772.1 (Definitions of terms as used 2B996, 2B997, 2B998, 2B999, 2D991, ECCNs controlled for AT-only reasons in the EAR) to add the words ‘‘system’’ 2D992, 2D994, 3A991, 3A992, 3A999, that use ‘‘specially designed’’ is being and ‘‘equipment’’ before the phrase 3B991, 3B992, 3C992, 3D991, 3E991, clarified. BIS received two questions ‘‘assembled commodity.’’ This change is 4A994, 4D993, 4D994, 4E992, 4E993, from the public on this aspect of the not substantive and is limited to 5A991, 5C991, 5D991, 5E991, 5A992, definition. BIS has provided guidance clarifying the intended scope of the 5D992, 5E992, 6A991, 6A992, 6A993, on how to interpret the applicability of definition of ‘‘end item’’ as it relates to 6A994, 6A995, 6A996, 6A997, 6A999, paragraph (b)(3) and (b)(4) for ECCNs the terms ‘‘system’’ and ‘‘equipment.’’ 6B995, 6C992, 6C994, 6D992, 6D993, controlled for AT-only reasons. BIS 6E992, 6E993, 7B994, 7D994, 7E994, considered posting guidance on this (F) Clarification of the Definition of 8A992, 8D992, 8E992, 9A990, 9A992, interpretation on the BIS Web site, but, ‘‘equipment’’ That Was Added in the 9B990, 9B991, 9D990, 9D991, 9E990, for ease of use for the public and to Initial Implementation Final Rule 9E991 and 9E993. ECCNs controlled for ensure consistent application of the This final rule is revising the AT-only reasons are ECCNs where the interpretation, BIS decided it was better definition of ‘‘equipment’’ that was reason for control in the License to add this interpretation as a new added in § 772.1 to make three Requirements paragraph only includes ‘‘Note to paragraphs (b)(3) and (b)(4).’’ clarifications. First, this final rule AT, AT1 or AT2. In addition to the This is not a change in how BIS clarifies the relationship between seventy-three ECCNs that include only intended the definition to apply, but it ‘‘equipment’’ and ‘‘end items’’ and an AT reason for control, there are does make this interpretation explicit ‘‘systems’’ by revising the phrase eleven additional ECCNs on the CCL for the public. ‘‘operate together to perform a function that are controlled predominantly for The new note being added in this of an end item or system’’ to add the AT reasons on the CCL. These ECCNs final rule specifies that ECCNs phrase ‘‘as, or for’’ after ‘‘of’’ so it reads include, in addition to the AT control, controlled for AT-only reasons that use ‘‘operate together to perform a function an RS control only for Iraq (0B999, ‘‘specially designed’’ are eligible for of, as, or for an end item or system.’’ 0D999, 1B999, 1C992, 1C995, 1C997, ‘release’ under paragraphs (b)(3) and This change is not substantive and is 1C999); a UN control (0B986 and (b)(4). However, this new note clarifies limited to clarifying the intended scope 9A991); or an RS1 control (6A998.b and that the criteria for ‘release’ under (b)(3) of the definition of ‘‘end item’’ as it 7A994 for the QRS11). These eleven or (b)(4) must be met by another ECCN relates to the terms ‘‘system’’ and ECCNs are considered controlled for controlled for AT-only reasons or an ‘‘equipment.’’ This change specifies a AT-only ECCNs (excluding for the RS1 EAR99 item in addition to the AT-only combination of ‘‘parts,’’ ‘‘components,’’ controlled portions of 6A998 and ECCN being reviewed for ‘release’ from ‘‘accessories,’’ ‘‘attachments,’’ 7A994) for purposes of the ‘‘specially ‘‘specially designed.’’ ‘‘firmware,’’ or ‘‘software’’ is a system designed’’ definition. This is because The new note being added also considered ‘‘equipment’’ when that although they contain another reason for includes three examples to assist combination of commodities or control, they are controlled understanding. The first two examples software: Operate to perform a function predominantly for AT reasons. highlight when a ‘‘part’’ used in an ‘‘of’’ an end item or system; operate to This final rule adds a sentence to the ECCN controlled for AT-only reasons is perform a function ‘‘as’’ an end item or end of Note 1 to identify these eleven eligible for ‘release.’ The first example system; or operate to perform a function additional ECCNs that are controlled states, if a single gasket is used in ECCN ‘‘for’’ another end item or system. predominantly for AT reasons are 9A990 tractors (9A990 includes a Second, this final rule is revising the treated as ECCNs controlled only for AT control on ‘‘specially designed’’ ‘‘parts’’) definition of ‘‘equipment’’ to delete the reasons for purposes of ‘‘specially and also pick-up trucks designated as word ‘‘specialized’’ before the word designed,’’ although two exclusions are EAR99 that are in ‘‘production,’’ the ‘‘function’’ because the word is not made for the portions of ECCNs 6A998 single gasket would be ‘released’ from needed and has the potential to create and 7A994 that are controlled for RS1 ‘‘specially designed’’ on the basis of ambiguity regarding what is reasons. The new sentence this final paragraph (b)(3). The second example ‘‘equipment.’’ BIS provides guidance rule adds to Note 1 specifies ECCNs: being added to the new note in this final here on the meaning of function to 0B986, 0B999, 0D999, 1B999, 1C992, rule states that if the single gasket is or clarify what is intended with the use of 1C995, 1C997, 1C999, 6A998 (except for was used in 9A990 tractors and also the word function in the ‘‘equipment’’ .b), 7A994 (except for the QRS11) and 9A991.b aircraft (another AT-only definition. For purposes of the 9A991 are treated as ECCNs controlled ECCN) that are in ‘‘production,’’ the ‘‘equipment’’ definition, function means only for AT reasons for purposes of gasket would be ‘released’ from the control criteria specified in an ECCN ‘‘specially designed.’’ ‘‘specially designed’’ on the basis of entry, which in certain cases is limited

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to the heading, and for those ECCNs that established by INCOSE and NASA that respectively. ECCNs 9B610 and 9B619 use an ‘‘items’’ paragraph, the function provide examples for when continue to control the described parts, is the control criteria in the respective commodities and software operate components, accessories, attachments, ‘‘items’’ paragraph that enumerates or together to perform a function as a and equipment (which includes otherwise describes the ‘‘equipment.’’ In system. development, production, operation, certain cases the specialized function maintenance, inspection and test (H) Clarification of the Definition of may be described in fairly broad terms, equipment) not specified on the USML. ‘‘build-to-print technology’’ That Was such as equipment for military end use. Although the Export Administration Added in the Initial Implementation In other cases the control parameters Act expired on August 20, 2001, the Final Rule that are included with the term President, through Executive Order ‘‘equipment’’ may be quite detailed. The This final rule is revising the 13222 of August 17, 2001, 3 CFR, 2001 ‘‘equipment’’ definition includes both of definition of ‘‘build-to-print Comp., p. 783 (2002), as amended by those types of entries. This guidance on technology,’’ which was added to Executive Order 13637 of March 8, the meaning of function also applies to § 772.1 in the initial implementation 2013, 78 FR 16129 (March 13, 2013) and the definition of ‘‘system’’ discussed final rule, to add the phrase ‘‘any of the as extended by the Notice of August 8, below under (G) where the word following’’ in the introductory text of 2013, 78, 2013, 78 FR 49107 (August 12, ‘‘specialized’’ is also being removed for paragraph (1) to clarify the three criteria 2013), has continued the Export the same reason as in the ‘‘equipment’’ in paragraphs (1)(i)–(iii) use the Administration Regulations in effect definition. disjunctive ‘‘or.’’ The use of ‘‘or’’ in under the International Emergency Third, this final rule is adding two paragraph (1) after paragraphs (1)(ii) Economic Powers Act. BIS continues to sentences to the end of the ‘‘equipment’’ already states this requirement, but the carry out the provisions of the Export definition. The originally proposed addition of the phrase ‘‘any of the Administration Act, as appropriate and ‘‘equipment’’ definition that was following’’ in the introductory text of to the extent permitted by law, pursuant included in the proposed July 15 paragraph (1) will make it easier to to Executive Order 13222. (framework) rule, stated that understand. This final rule is also Rulemaking Requirements ‘‘equipment’’ is a subset of ‘‘end items.’’ revising the definition to remove the However, this sentence was not phrase ‘‘the minimum’’ before the term 1. Executive Orders 13563 and 12866 included in the ‘‘equipment’’ definition ‘‘necessary’’ because it is not needed direct agencies to assess all costs and included in the initial implementation and has the potential to cause confusion benefits of available regulatory final rule. The relationship between the given necessary is not a term that is alternatives and, if regulation is broader term ‘‘end item’’ and qualified by degree. Technology is necessary, to select regulatory ‘‘equipment’’ was discussed in the either necessary or not necessary, so approaches that maximize net benefits Background section of the initial there is no need to include the (including potential economic, implementation final rule on pages 78 qualifying phrase ‘‘the minimum’’ environmental, public health and safety FR 22692 and 22693. However, after before the term ‘‘technology.’’ effects, distribute impacts, and equity). further consideration and to address Executive Order 13563 emphasizes the (I) Initial Implementation Rule questions BIS has received on the importance of quantifying both costs Conforming Changes to This Final Rule relationship between these two terms, and benefits, of reducing costs, of BIS has determined a sentence should As noted above, in this final rule, BIS harmonizing rules, and of promoting be added to the ‘‘equipment’’ definition is also making conforming changes to flexibility. This final rule has been to clarify that ‘‘equipment’’ may be a the initial implementation rule, which designated a ‘‘significant regulatory subset of ‘‘end items,’’ when it meets the are described under (3) Structural action,’’ although not economically definition of an ‘‘end item,’’ ready for changes to improve the clarity of the significant, under section 3(f) of use with only the addition of CCL. These changes are described under Executive Order 12866. Accordingly, ammunition, or fuel or energy source heading (3) above because they are the rule has been reviewed by the Office required to place it in an operating state. easier to understand when discussed in of Management and Budget (OMB). When ‘‘equipment’’ does not meet this the context of those structural changes 2. Notwithstanding any other definition, it is categorized as on the being made to the other ECCNs (non- provision of law, no person is required definition with which it does comply. ‘‘600 series’’ ECCNs) on the CCL. to respond to nor be subject to a penalty for failure to comply with a collection This same type of concept also applies (J) ECCNs 9B610 and 9B619 to the definition of ‘‘system.’’ of information, subject to the This final rule revises the Related requirements of the Paperwork (G) Clarification of the Definition of Controls paragraph in ECCN 9B610 and Reduction Act of 1995 (44 U.S.C. 3501 ‘‘system’’ That Was Added in the Initial adds new language to the Related et seq.) (PRA), unless that collection of Implementation Final Rule Controls paragraph in ECCN 6B619. The information displays a currently valid This final rule is revising the revision to 9B610 adds ‘‘equipment’’ to Office of Management and Budget definition of ‘‘system,’’ which was the list of commodities that are (OMB) Control Number. This rule added to § 772.1 in the initial controlled for the aircraft specified affects the following approved implementation final rule, to delete the under VIII(h)(1). The new language in collection: Simplified Network word ‘‘specialized’’ before the word 9B619 identifies related controls for Application Processing System (control ‘‘function’’ because the word is not engines specified under XIX(f)(1). The number 0694–0088), which includes, needed and has the potential to create intent is to clarify that all parts, among other things, license applications ambiguity regarding what is a ‘‘system.’’ components, accessories, attachments, and carries a burden estimate of 43.8 This final rule is also removing the and equipment (which includes minutes for a manual or electronic single quotes around function because development, production, operation, submission. Total burden hours the word is not defined in the ‘‘system’’ maintenance, inspection and test associated with the PRA and OMB definition. Lastly, this final rule is equipment) are controlled under the control number 0694–0088 are expected adding a new Note 1 to the definition USML in either VIII(h)(1) or XIX(f)(1) for to decrease slightly as a result of this to reference industrial standards specified aircraft and engines, rule because of the removal of ECCN

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8A918 and the clarification of the use of paragraph to ECCNs 1C001, 4D001, Additionally, as all foreign origin items the terms ‘‘parts’’ and ‘‘components’’ on 7D002, 7D003, 7E001 and 7E002. This incorporating more than a de minimis the CCL. The intent of the clarification addition to the Export Administration level of ‘‘600 series’’ parts and of the use of the terms ‘‘parts’’ and Regulations was not included in the components are, by definition, military ‘‘components’’ on the CCL is to November 29 proposed rule. The items and controlled in 0A919 with an maintain the current scope of controls, Department finds that there is good NS1 and RS1 reason for control, although in certain cases this greater cause under 5 U.S.C. 553(b)(B) to waive requiring worldwide licensing, foreign specificity in how these terms are being the provisions of the Administrative manufacturers will have an incentive to used may result in a slight reduction in Procedure Act requiring prior notice avoid sourcing U.S. origin .y items license applications received for those and the opportunity for public comment when the item would not otherwise entries where ‘‘parts’’ is not being added because they are either unnecessary or exceed de minimis. Notice and public and previously the undefined the term contrary to the public interest. This comment procedure for this revision is components was used. In the context of addition alerts exporters that reporting contrary to the public interest. If this these ECCNs, BIS, along with the other requirements were imposed on these revision is not effective on October 15, agencies that reviewed this rule, ECCNs in the April 16 (initial determined the intent is not to include implementation) rule through the 2013 simultaneous with the April 16 ‘‘parts.’’ However, because previously a changes to § 743.1 and the addition of (initial implementation) rule, foreign small number of license applications the Wassenaar Arrangement Sensitive origin military items that incorporate may have been received for and Very Sensitive Lists as Supplements ‘‘600 series’’ .y items will be subject to commodities that would meet the Nos. 6 and 7 to Part 774. This addition greater controls than the ‘‘600 series’’ .y ‘‘parts’’ definition that was added in the to this final rule does not create any items would be for direct shipment from initial implementation final rule, BIS new reporting requirements. Without the United States. This inconsistent has determined this may result in a the addition of these Report result was not intended by BIS and slight decrease in the number of license Requirements paragraphs to the EAR would result in discouraging foreign applications received. prior to the October 15, 2013 effective manufacturers from sourcing U.S. origin 3. This rule does not contain policies date of the April 16 (initial ‘‘600 series’’ parts and components with Federalism implications as that implementation) rule, exporters who without any positive impact on national term is defined under E.O. 13132. review these ECCNs will not be aware security. This would frustrate a major 4. The Regulatory Flexibility Act of the need to review the revised § 743.1 purpose of the Export Control Reform (RFA), as amended by the Small and the Wassenaar Arrangement Initiative. Business Regulatory Enforcement Sensitive and Very Sensitive Lists The revisions described in Section Fairness Act of 1996 (SBREFA), 5 U.S.C. added as Supplements Nos. 6 and 7 to 6(C) correct an oversight in the term AT- 601 et seq., generally requires an agency Part 774. to prepare a regulatory flexibility 6. The revisions to the Export only, as used in the ‘‘specially analysis for any rule subject to the Administration Regulations described in designed’’ definition, to allow certain notice and comment rulemaking Section 6 of this rule were not included ECCNs with additional narrow reasons requirements under the Administrative in the November 29 proposed rule. The for control to be considered within the Procedure Act (5 U.S.C. 553) or any Department finds that there is good paragraph (b)(3) release provision. other statute, unless the agency certifies cause under 5 U.S.C. 553(b)(B) to waive When BIS published the rule that the rule will not have a significant the provisions of the Administrative implementing the definition for economic impact on a substantial Procedure Act requiring prior notice ‘‘specially designed,’’ BIS did not intend number of small entities. Under section and the opportunity for public comment to exclude the eleven ECCNs identified 605(b) of the RFA, however, if the head because they are either unnecessary or above which are predominantly of an agency certifies that a rule will not contrary to the public interest. The controlled only for AT reasons from the have a significant economic impact on majority of these revisions are non- paragraph (b)(3) release in the ‘‘specially a substantial number of small entities, substantive, only clarifying the designed’’ definition. Excluding these the statute does not require the agency regulations and thus prior notice and eleven ECCNs from the paragraph (b)(3) to prepare a regulatory flexibility the opportunity for public comment is release would cause, for example, parts analysis. Pursuant to section 605(b), the unnecessary. common to a military aircraft controlled Chief Counsel for Regulation, The revisions described in Section in ECCN 9A610 and a commercial Department of Commerce, submitted a (6)(A) provide a clarification that ‘‘600 airliner controlled in ECCN 9A991 to be memorandum to the Chief Counsel for series’’ .y items are available for de ‘‘specially designed’’ for the military Advocacy, Small Business minimis treatment when incorporated aircraft and therefore controlled in Administration, certifying that the into foreign origin items destined for 9A610.x with an NS1 and RS1 reason November 29 proposed rule will not any country for which a license would for control, requiring worldwide have a significant economic impact on not be required for direct shipment from a substantial number of small entities. A the United States. In a standard de licensing. In this final rule, BIS amends summary of the factual basis for the minimis analysis, only the U.S. origin the language to correct the inadvertent certification was provided in the content that would require a license for error. Notice and public comment November 29 proposed rule and is not direct shipment from the United States procedure for this revision is contrary to repeated here. BIS did not receive any to the destination of the foreign origin the public interest. If this revision is not comments in response to the proposed item is included toward the de minimis effective on October 15, 2013 rule regarding the economic impact of percentage. As ‘‘600 series’’ .y items do simultaneous with the April 16 (initial this rule or to the certification made by not require a license to D:5 countries, implementation) rule, the paragraph the Chief Counsel. As a result, a final other than the E:1 countries and the (b)(3) release of the ‘‘specially designed’’ regulatory flexibility analysis is not People’s Republic of China, it would be definition will not operate as BIS required and one was not prepared. contrary to the EAR to include the .y intended and a significant amount of 5. Section 3(D) of this rule adds a items in the calculation of foreign origin commercial trade may be subject to ‘‘REPORTING REQUIREMENTS’’ items destined to those countries. ‘‘600 series’’ controls.

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List of Subjects or loaned by the Department of Defense the EAR, you may ask BIS for an to a foreign country or international advisory opinion or a commodity 15 CFR Part 734 organization under the FMS Program of classification determination. In order to Administrative practice and the Arms Export Control Act pursuant determine whether an item is ‘‘subject procedure, Exports, Inventions and to a Letter of Offer and Acceptance to the ITAR,’’ you should review the patents, Research science and (LOA) authorizing such transfers are not ITAR’s United States Munitions List technology. ‘‘subject to the EAR,’’ but rather, are (see 22 CFR 120.3, 120.6 and 121.1). 15 CFR Part 738 subject to the authority of the Arms You may also submit a request to the Export Control Act. Department of State, Directorate of Exports. * * * * * Defense Trade Controls, for a formal jurisdictional determination regarding 15 CFR Parts 740, 748 and 750 ■ 3. Section 734.4 is amended: ■ the commodity, software, technology, or Administrative practice and a. By revising the Note to paragraph activity at issue; or in ITAR terms, the procedure, Exports, Reporting and (a)(3); and ■ defense article, technical data or defense recordkeeping requirements. b. By revising paragraph (a)(6) as service at issue (see 22 CFR 120.4). added April 16, 2013, at 78 FR 22707, 15 CFR Part 742 effective October 15, 2013 to read as * * * * * Exports, Terrorism. follows: PART 738—[AMENDED] 15 CFR Part 772 § 734.4 De minimis U.S. content. ■ 5. The authority citation for 15 CFR Exports. * * * * * part 738 continues to read as follows: Note to Paragraph (a)(3): QRS11 15 CFR Part 774 Authority: 50 U.S.C. app. 2401 et seq.; 50 Micromachined Angular Rate Sensors are U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Exports, Reporting and recordkeeping ‘‘subject to the ITAR,’’ (see 22 CFR parts 120 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et requirements. through 130) except when the QRS11– seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); Accordingly, parts 734, 738, 740, 742, 00100–100/101 version of the sensor is 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. integrated into and included as an integral 748, 750, 772, and 774 of the Export 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 part of a commercial primary or standby Administration Regulations (15 CFR U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. instrument system of the type described in parts 730–774) are amended as follows: 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ECCN 7A994, or aircraft of the type described 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 in ECCN 9A991 that incorporates a PART 734—[AMENDED] Comp., p. 783; Notice of August 8, 2013, 78, commercial primary or standby instrument 2013, 78 FR 49107 (August 12, 2013). ■ 1. The authority citation for 15 CFR that has such a sensor integrated, or is part 734 continues to read as follows: exported solely for integration into such ■ 6. Section 738.2 is amended by: systems; or when the QRS11–00050–443/569 ■ (a) Revising the introductory text to Authority: 50 U.S.C. app. 2401 et seq.; 50 is integrated into a commercial automatic paragraph (d)(2); U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, flight control system of the type described in ■ (b) Redesignating paragraphs (d)(2)(i) 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 ECCN 7A994, or aircraft of the type described FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. through (iii) as (d)(2)(ii) through (iv); in ECCN 9A991 that incorporates an ■ 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. automatic flight control system that has such (c) Adding a new paragraph (d)(2)(i); ■ 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 a sensor integrated, or is exported solely for (d) Removing newly redesignated Comp., p. 783; Notice of November 9, 2011, integration into such a system. paragraph (d)(2)(iv)(A); 76 FR 70319 (November 10, 2011); ; E.O. ■ (e) Further redesignating newly 13637, 78 FR 16129 (March 8, 2013); Notice * * * * * redesignated paragraphs (d)(2)(iv)(B) of August 8, 2013, 78, 2013, 78 FR 49107 (6) ‘‘600 series.’’ through (D) as (d)(2)(iv)(A) through (C); (August 12, 2013). (i) There is no de minimis level for and ■ 2. Section 734.3 is amended: foreign-made items that incorporate ■ (d) Revising newly redesignated ■ a. By revising the introductory text of U.S.-origin ‘‘600 series’’ items paragraph (d)(2)(iv)(C) to read as paragraph (b)(1)(i); and enumerated or otherwise described in follows: ■ b. By adding paragraph (b)(1)(vi) to paragraphs .a through .x of a ‘‘600 read as follows: series’’ ECCN when destined for a § 738.2 Commerce Control List (CCL) country listed in Country Group D:5 of structure. § 734.3 Items subject to the EAR. Supplement No. 1 to part 740 of the * * * * * * * * * * EAR. (d) * * * (b) * * * (ii) There is no de minimis level for (2) Reading an ECCN. An ECCN is (1) * * * foreign-made items that incorporate made up of four sections, the (i) Department of State. The U.S.-origin ‘‘600 series’’ .y items when ‘‘Heading,’’ ‘‘License Requirements,’’ International Traffic in Arms destined for a country listed in Country ‘‘License Exceptions,’’ and ‘‘List of Regulations (22 CFR parts 120–130) Group E:1 of Supplement No. 1 to part Items Controlled’’ sections. A brief administered by the Directorate of 740 of the EAR or for the People’s description of each section and its use Defense Trade Controls relate to defense Republic of China (PRC). follows: articles and defense services on the U.S. ■ (i) Heading. A description of the items Munitions List (22 CFR part 121). 4. Section 734.6 is amended by revising paragraph (a) to read as follows: controlled is provided next to each Section 38 of the Arms Export Control ECCN. In certain ECCNs, the description Act (22 U.S.C. 2778). (Also see § 734.6 Assistance available from BIS for is a summary and will direct you to ‘‘see paragraph (b)(1)(vi) of this section). determining licensing and other List of Items Controlled’’ for a complete * * * * * requirements. list of items classified under those (vi) Department of Defense (DoD) and (a) If you are not sure whether a respective ECCNs. The ‘‘Items’’ Department of State Foreign Military commodity, software, technology, or paragraph in the List of Items Controlled Sales (FMS) Program. Items that are activity ‘‘subject to the EAR’’ is subject section will describe all of the items that subject to the EAR that are sold, leased to licensing or other requirements under the ECCN controls for the portions of

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the heading that precede the ‘‘see List of determine whether your item is Authority: 50 U.S.C. app. 2401 et seq.; 50 Items Controlled’’ phrase. Portions of contained within the first part of the U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; the heading that follow the phrase are heading (‘‘non-‘numerically controlled’ E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., machine tools for generating optical p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 complete descriptions of the items Comp., p. 783; Notice of August 8, 2013, 78, controlled by that portion of the quality surfaces’’) and classified under 2013, 78 FR 49107 (August 12, 2013). heading. If ‘‘see List of Items 2B992. The second part of the ECCN ■ Controlled’’ appears at the end of the 2B999 heading (‘‘and ‘specially 9. Section 740.6 is amended by heading, the ‘‘Items’’ paragraph in the designed’ ‘parts’ and ‘components’ revising paragraph (a)(1)(iii) to read as List of Items Controlled section is the therefor’’) contains the exclusive list follows: exclusive, complete list of the items the described in the heading. ECCNs 1A006, § 740.6 Technology and software under ECCN controls. 3B992, 4A001, 6A006 and 7A001 are restriction (TSR). * * * * * other examples where the phrase ‘‘(see (a) * * * (iii) * * * List of Items Controlled)’’ appears in the (1) * * * (C) Items. This paragraph describes middle of the ECCN heading. (iii) If the direct product of the the relationship between the ‘‘items’’ (3) ECCNs that do not use the phrase technology is a complete plant or any paragraph and ECCN headings and will ‘‘(see List of Items controlled).’’ When major components of a plant, export to assist your understanding as you all items classified in the ECCN are Country Groups D:1 or E:1 of the direct classify items on the CCL. When the listed in the heading, a sentence is product of the plant or major heading contains the phrase ‘‘see List of generally included in the ‘‘items’’ components thereof, if such foreign Items Controlled,’’ the portion of the paragraph to direct you to the heading. produced direct product is subject to heading preceding that phrase is only a An example of such a heading is ECCN national security controls as identified summary of the items controlled by the 4E980 ‘‘Technology’’ for the on the CCL or is ‘‘subject to the ITAR’’ ECCN and the ‘‘items’’ paragraph ‘‘development,’’ ‘‘production’’ or ‘‘use’’ (see 22 CFR parts 120 through 130). contains an exclusive list of items of commodities controlled by 4A980. * * * * * ECCNs 0A982, 3A292, 5D101, 8D001 described in the heading. Paragraphs ■ 10. Section 740.10 is amended by and 9A002 are other examples where (d)(2)(iv)(C)(1), (2) and (3) of this section removing the second sentence to the heading is the exclusive description provide examples of the three different paragraph (a)(2)(ii) as revised April 16, of the items classified under those uses of the phrase ‘‘(see List of Items 2013, at 78 FR 22712, effective October respective ECCNs. Controlled)’’ in ECCN headings. Each 15, 2013. heading on the CCL uses one of these * * * * * three structures. Understanding the ■ PART 742—[AMENDED] relationship between the heading and 7. Section 738.4 is amended by the ‘‘items’’ paragraph is important revising paragraph (b)(2) to read as ■ 11. The authority citation for 15 CFR when classifying items that are ‘‘subject follows: part 742 continues to read as follows: to the EAR’’ on the CCL. § 738.4 Determining whether a license is Authority: 50 U.S.C. app. 2401 et seq.; 50 (1) ‘‘(See List of Items Controlled)’’ is required. U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; at the end of the ECCN heading. An * * * * * 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 example of an ECCN where all of the U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 (b) * * * Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, heading text precedes the phrase ‘‘(see (2) Sample CCL entry. List of Items Controlled)’’ is ECCN 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 2A000 Entry heading. 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 8A002 Marine systems, equipment, FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. ‘‘parts’’ and ‘‘components,’’ as follows License Requirements 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. (see List of Items Controlled). ECCNs Reason for Control: NS, NP, AT 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 1A001, 3A001, 6A001, 7A004 and Comp., p. 783; Presidential Determination 9A012 are other examples where all of Control(s) Country chart 2003–23 of May 7, 2003, 68 FR 26459, May the heading text precedes the phrase 16, 2003; Notice of November 1, 2012, 77 FR ‘‘(see List of Items Controlled).’’ In these NS applies to entire NS Column 2 66513 (November 5, 2012); Notice of August entry. 8, 2013, 78, 2013, 78 FR 49107 (August 12, types of headings, the items paragraphs 2013). must be reviewed to determine whether NP applies to NP Column 1 2A000.b. your item is contained within the ■ 12. Section 742.2 is amended by AT applies to entire AT Column 1 revising paragraph (e) to read as follows: heading and classified under that ECCN. entry. (2) ‘‘(See List of Items Controlled)’’ is § 742.2 Proliferation of chemical and License Exceptions in the middle of the ECCN heading. If biological weapons. the phrase ‘‘(see List of Items LVS: $5,000 * * * * * Controlled)’’ appears in the middle of GBS: Yes CIV: N/A (e) License application requirements the ECCN heading, then all portions of and instructions. Unique application the heading that follow the phrase ‘‘(see List of Items Controlled and submission requirements for List of Items Controlled)’’ will list items Related Definitions: N/A chemicals, medicinals, and controlled in addition to the list in the Related Controls: N/A pharmaceuticals are described in ‘‘items’’ paragraph. An example of such Items: paragraph (a) of Supplement No. 2 to a heading is ECCN 2B992 Non- a. Having x. part 748 of the EAR. ‘‘numerically controlled’’ machine tools b. Having z. for generating optical quality surfaces, * * * * * PART 748—[AMENDED] (see List of Items Controlled) and ‘‘specially designed’’ ‘‘parts’’ and PART 740—[AMENDED] ■ 13. The authority citation for 15 CFR ‘‘components’’ therefor. Under the part 748 continues to read as follows: ECCN 2B992 example, the ‘‘items’’ ■ 8. The authority citation for 15 CFR Authority: 50 U.S.C. app. 2401 et seq.; 50 paragraph must be reviewed to part 740 continues to read as follows: U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,

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3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 authorized based on the per unit price (b)(4) after Note 3 to paragraph (b)(3); FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of the commodity. Subject to the and of August 15, 2012, 77 FR 49699 (August 16, shipping tolerances authorized in ■ f. By revising the definition of 2012). § 750.11 of this part, the authorization is ‘‘system’’ as added April 16, 2013, at 78 ■ 14. Supplement No. 1 to Part 748 is limited by both the quantity and value FR 22729, effective October 15, 2013 amended by revising paragraphs e and listed on the license. and to add a new Note, to read as f of Block 22 to read as follows: * * * * * follows: Supplement No. 1 to Part 748—BIS– ■ 17. Section 750.11 is revised to read § 772.1 Definitions of terms as used in the 748P, BIS–748P–A; Item Appendix, and as follows: Export Administration Regulations (EAR). BIS–748P–B; End-User Appendix; § 750.11 Shipping tolerances. * * * * * Multipurpose Application Instructions Build-to-Print technology. (1) This is Under some circumstances, you may ‘‘production’’ ‘‘technology’’ that is * * * * * use a license issued for the export of Block 22: * * * sufficient for an inherently capable end items from the United States to export user to produce or repair a commodity (e) Quantity. Identify the quantity to more than the value shown on that be exported or reexported, in terms of from engineering drawings without any license. This additional amount is of the following: the unit commonly used in the trade. called a shipping tolerance. This section (f) Units. The unit of quantity used in (i) Revealing ‘‘development’’ tells you, as the licensee, when you may ‘‘technology,’’ such as design Block 22(e) must be entered on all take advantage of a shipping tolerance license applications submitted to BIS. methodology, engineering analysis, and the amount of shipping tolerance detailed process or manufacturing This Block may be left blank on license you are permitted to use. applications for technology only. know-how; (a) If you have already shipped the (ii) Revealing the production * * * * * full quantity of items approved on your engineering or process improvement license, you may not use this shipping aspect of the ‘‘technology;’’ or PART 750—[AMENDED] tolerance provision. No further (iii) Requiring assistance from the ■ 15. The authority citation for 15 CFR shipment may be made under the provider of the technology to produce or part 750 continues to read as follows: license. repair the commodity. (b) If you have not shipped the full (2) Acceptance, test, or inspection Authority: 50 U.S.C. app. 2401 et seq.; 50 quantity of items approved on the criteria pertaining to the commodity at U.S.C. 1701 et seq.; Sec. 1503, Pub. L. 108– license, the value of all of your issue is included within the scope of 11, 117 Stat. 559; E.O. 13026, 61 FR 58767, shipments under one license, up to the ‘‘build-to-print technology’’ only if it is 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; full quantity approved on the license, necessary to verify that the commodity Presidential Determination 2003–23 of May may exceed the total dollar value stated is acceptable. 7, 2003, 68 FR 26459, May 16, 2003; E.O. on that license by up to 10%, unless; * * * * * 13637, 78 FR 16129 (March 8, 2013); Notice (1) Your license stipulates a specific End item. This is a system, equipment of August 8, 2013, 78, 2013, 78 FR 49107 shipping tolerance; or or assembled commodity ready for its (August 12, 2013). (2) Your item is controlled for short intended use. Only ammunition, or fuel ■ 16. Section 750.7 is amended by supply reasons and a different tolerance or other energy source is required to revising paragraphs (c)(1)(ii), (c)(1)(viii) has been established. (See part 754 of place it in an operating state. Examples and (f) to read as follows: the EAR). of end items include ships, aircraft, computers, firearms, and milling § 750.7 Issuance of licenses. PART 772—[AMENDED] machines. * * * * * ■ 18. The authority citation for 15 CFR * * * * * (c) * * * part 772 continues to read as follows: Equipment. This is a combination of (1) * * * parts, components, accessories, (ii) Increase in price if permitted Authority: 50 U.S.C. app. 2401 et seq.; 50 attachments, firmware, or software that under the shipping tolerances in U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, operate together to perform a function § 750.11 of this part; 3 CFR, 2001 Comp., p. 783; Notice of August 8, 2013, 78, 2013, 78 FR 49107 (August 12, of, as, or for an end item or system. * * * * * 2013). Equipment may be a subset of ‘‘end (viii) Change in ECCN, where ■ 19. Section 772.1 is amended: items’’ based on the characteristics of necessary only for the purpose of ■ a. By revising the definition of ‘‘build- the equipment. Equipment that meets conforming to an official revision in the to-print technology’’ as added April 16, the definition of an end-item is an end- CCL; or wording of the item description. 2013, at 78 FR 22727, effective October item. Equipment that does not meet the This does not cover an actual change in 15, 2013; definition of an end-item is a part, the item to be shipped, or an increase ■ b. By revising the definition of ‘‘end component, accessory, attachment, in the total price or quantity on the item’’ as added April 16, 2013, at 78 FR firmware, or software. license. 22728, effective October 15, 2013; * * * * * * * * * * ■ c. By revising the definition of Subject to the ITAR. A term used in (f) Quantity of commodities ‘‘equipment’’ as added April 16, 2013, at the EAR to describe those commodities, authorized. Unlike software and 78 FR 22728, effective October 15, 2013; software, technology (e.g., technical technology, commodities will be ■ d. By adding a definition for the term data) and defense services over which approved with a quantity and dollar ‘‘subject to the ITAR;’’ the U.S. Department of State, Directorate value limit. Any license resulting from ■ e. By amending the definition of of Defense Trade Controls (DDTC) a license application to export or ‘‘specially designed’’ as revised April exercises regulatory jurisdiction under reexport commodities will be licensed 16, 2013, at 78 FR 22728–22729, the International Traffic in Arms in terms of the specified unit of quantity effective October 15, 2013 to add one Regulations (ITAR) (see 22 CFR parts commonly used in trade. A total dollar sentence at the end of Note 1 and to add 120 through 130). value for the commodity will be a new Note to paragraphs (b)(3) and * * * * *

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Specially designed. *** 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 double quotation marks on the CCL is * * * * * U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. intended to be an aid to alert you to (a) * * * 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. terms used on the CCL that are defined 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 * * * * * Comp., p. 783; Notice of August 8, 2013, 78, in part 772 (Definitions of Terms), or for 2013, 78 FR 49107 (August 12, 2013). purposes of ECCNs, where a definition Note 1: * * * For purposes of ‘‘specially is provided in the ‘‘related definitions’’ designed,’’ ECCNs 0B986, 0B999, 0D999, ■ 21. Revise § 774.1 to read as follows: 1B999, 1C992, 1C995, 1C997, 1C999, 6A998 paragraph in the License Requirements (except for .b), 7A994 (except for the QRS11) § 774.1 Introduction. section of ECCNs or sometimes in Notes and 9A991 are treated as ECCNs controlled (a) Scope of the control list. In this and Technical Notes for particular exclusively for AT reasons. part, references to the EAR are ECCNs and that definition is specific to references to 15 CFR chapter VII, that particular ECCN. In this sense the * * * * * subchapter C. The Bureau of Industry quotes are helpful both in the use of Note to paragraphs (b)(3) and (b)(4): and Security (BIS) maintains the single and double quotes, but a good ECCNs controlled for AT-only reasons that Commerce Control List (CCL) that compliance practice is to familiarize use ‘‘specially designed’’ are eligible for includes ‘‘items’’—i.e., ‘‘commodities,’’ yourself with the defined terms in part paragraphs (b)(3) and (b)(4). However, the ‘‘software,’’ and ‘‘technology’’—subject 772, and when reviewing a control criteria for release under (b)(3) or (b)(4) must be met by another ECCN controlled for AT- to the authority of BIS. The CCL does parameter on the CCL that uses a term only reasons or an EAR99 item in addition not include items exclusively controlled that is not in quotes to be aware it may to the AT-only ECCN being reviewed for for export by another department or be defined in part 772. It is also a useful release from ‘‘specially designed.’’ For agency of the U.S. Government, though compliance practice to review the example, if a single gasket is used in ECCN in instances where other agencies ‘‘Related Definitions’’ paragraph and 9A990 tractors (9A990 includes a control on administer controls over related items, Notes and Technical Notes to determine ‘‘specially designed’’ ‘‘parts’’) and also pick- entries in the CCL may contain a if the term is defined for purposes of a up trucks designated as EAR99 that are in reference to such controls. In addition, particular ECCN. ‘‘production’’, the single gasket would be released from ‘‘specially designed’’ on the those items ‘‘subject to the EAR’’ but not (1) Use of double quotes. If a term on basis of paragraph (b)(3). Or if the single identified on the CCL are identified by the CCL uses double quotes it means gasket is or was used in 9A990 tractors and the designator ‘‘EAR99.’’ See § 734.2(a) there is a defined term in part 772. also 9A991.b aircraft (another AT-only of the EAR for items that are ‘‘subject to However, the absence of double quotes controlled ECCN), that are in ‘‘production,’’ the EAR.’’ EAR Part 738 contains an does not mean that a term used on the the gasket would be released from ‘‘specially explanation of the organization of the CCL is not defined in part 772. Because designed’’ on the basis of paragraph (b)(3). CCL and its relationship to the Country the CCL includes many terms that are Alternatively, if the single gasket is or was Chart. defined in part 772, BIS’s practice is to only used in ECCN 9A990 tractors that are in (b) ECCN cross-references for items ‘‘production,’’ then paragraph (b)(3) would use double quotes for certain key terms not be available. This same concept applies subject to exclusive jurisdiction of and to use double quotes when needed for paragraph (b)(4). another agency. (1) Prior to October 15, for consistency with multilateral export 2013, the CCL contained certain ECCNs control regime based entries, such as * * * * * that were only included as cross many derived from control lists, in System. This is any combination of references to items subject to the export particular for the Wassenaar ‘‘end items,’’ ‘‘equipment,’’ ‘‘parts,’’ control regulations administered by the Arrangement that also uses the double ‘‘components,’’ ‘‘accessories,’’ Nuclear Regulatory Commission. quotes convention. However, because of ‘‘attachments,’’ firmware, or ‘‘software’’ (2) ECCNs formerly listed on the CCL the large number of defined terms used that operate together to perform a that, as of October 15, 2013 were subject on the CCL and a desire to avoid function. to the export licensing authority of the hindering readability by placing quotes Note: The industrial standards established Nuclear Regulatory Commission at 10 around too many words used in by INCOSE and NASA provide examples for CFR part 110 are: 0A001, 0B001, 0B002, particular ECCNs, BIS’s practice is to when commodities and software operate 0B003, 0B004, 0B005, 0B006, 0C001, not add double quotes around certain together to perform a function as a system. 0C002, 0C004, 0C005, 0C006, 0C201 and terms, such as items and commodities. References to these standards are included in 1C012. This convention also applies to the use this note to provide additional examples for (3) Multilateral export control regime of double quotes within the Definition when commodities or software operate references are provided, as an additional together to perform a function as a system. of Terms section under part 772. See the INCOSE standards for what point of historical reference. (2) Use of single quotes. The CCL also constitutes a system at (http://g2sebok. Note to paragraph (b): As of October 15, includes a convention regarding the use incose.org/app/mss/asset.cfm?ID=INCOSE% 2013 ECCN 0D001 is subject to the export of single quotes. Single quotes on the 20G2SEBOK%202.00&ST=F), and in the licensing authority of the Nuclear Regulatory CCL identify a term as a defined term in (INCOSE SE Handbook v3.1 2007; ISO/IEC Commission (see 10 CFR part 110), and the context of a particular ECCN. This ECCN 0E001 is subject to the export licensing 15288:2008). Also see the NASA standards convention also applies to the use of for examples of what constitutes a system in authority of the Department of Energy (see 10 the (NASA SE Handbook SP–2007–6105 CFR part 810), but certain portions of these single quotes within the Definition of Rev 1). entries are also ‘‘subject to the ITAR’’ (see 22 Terms section under part 772. CFR parts 120 through 130). These ECCNs are retained on the CCL as a cross reference. Supplement No. 1 to Part 774— PART 774—[AMENDED] [Amended] (c) Where to find the CCL? The CCL ■ 20. The authority citation for 15 CFR is contained in Supplement No. 1 to this ■ 22. Supplement No. 1 to part 774 (the part 774 continues to read as follows: part, and Supplement No. 2 to this part Commerce Control List) is amended by Authority: 50 U.S.C. app. 2401 et seq.; 50 contains the General Technology and removing the following Export Control U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Software Notes relevant to entries Classification Numbers (ECCNs): 0A001, 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et contained in the CCL. 0B001, 0B002, 0B003, 0B004, 0B005, seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); (d) Conventions related to the use of 0B006, 0C001, 0C002, 0C004, 0C005, 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. quotation marks on the CCL. The use of 0C006, 0C201 and 1C012.

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■ 23. Supplement No. 1 to part 774 (the 0A617, 0B606, 0B617, 0C606, 0C617, in Export Control Classification Commerce Control List) is amended by 0D606, 0D617, 0E606, 0E617, 8A609, Numbers (ECCNs): 9A610, 9A619, adding the new section heading 8A620, 8B609, 8B620, 8C609, 8D609, 9B610, 9B619, 9C610, 9C619, 9D610, ‘‘Special Conditions for STA’’ above the 8D620, 8E609, and 8E620, as added July 9D619, 9E610, and 9E619, as added STA paragraph of the following Export 8, 2013, at 78 FR 40912–40918, effective April 16, 2013, at 78 FR 22730–22734, Control Classification Numbers January 6, 2014, and adding in place of effective October 15, 2013; and (ECCNs): 1A002, 1C001, 1C007, 1C010, those headings ‘‘List Based License ■ c. By removing the ‘‘Unit’’ paragraph 1D002, 1E001, 1E002, 2D001, 2E001, Exceptions (See Part 740 for a from the List of Items Controlled section 2E002, 3A002, 3D001, 3E001, 4A001, description of all license exceptions).’’ in Export Control Classification 4D001, 4E001, 5A001, 5B001, 5D001, ■ 29. Supplement No. 1 to part 774 (the Numbers (ECCNs): 0A606, 0A617, 5E001, 6A001, 6A002, 6A003, 6A004, Commerce Control List) is amended by 0B606, 0B617, 0C606, 0C617, 0D606, 6A006, 6A008, 6B008, 6D001, 6D003, removing the ‘‘Country Chart’’ table 0D617, 0E606, 0E617, 8A609, 8A620, 6E001, 6E002, 7D003, 7D004, 7E001, heading in the License Requirements 8B609, 8B620, 8C609, 8D609, 8D620, 7E002, 7E004, 8A001, 8A002, 8D001, section in each Export Control 8E609, and 8E620, as added July 8, 8D002, 8E001, 8E002, 9B001, 9D001, Classification Number (ECCN) where 2013, at 78 FR 40912–40918, effective 9D002, 9D004, 9E001, 9E002, and such paragraph appears and adding in January 6, 2014. 9E003. its place the heading ‘‘Country Chart ■ 36. Supplement No. 1 to part 774 (the ■ 24. Supplement No. 1 to part 774 (the (See Supp. No. 1 to part 738).’’ Commerce Control List) is amended: Commerce Control List) is amended by ■ 30. Supplement No. 1 to part 774 (the ■ a. By removing the ‘‘License adding the new section heading Commerce Control List) is amended by Requirements Note’’ paragraph in the ‘‘Special Conditions for STA’’ above the removing the ‘‘Country Chart’’ table License Requirements section in the STA paragraph of the following Export heading in the License Requirements following Export Control Classification Control Classification Numbers section from Export Control Number (ECCNs): 1E001; ■ (ECCNs): 9A610, 9A619, 9B610, 9B619, Classification Numbers (ECCNs): 9A610, b. By removing the ‘‘License 9C610, 9C619, 9D610, 9D619, 9E610 9A619, 9B610, 9B619, 9C610, 9C619, Requirement Notes’’ paragraphs in the and 9E619, as added April 16, 2013, at 9D610, 9D619, 9E610, and 9E619, as License Requirements section in the 78 FR 22730–22734, effective October added April 16, 2013, at 78 FR 22730– following Export Control Classification 15, 2013. 22734, effective October 15, 2013, and Numbers (ECCNs): 1A002, 1C007, ■ 25. Supplement No. 1 to part 774 (the adding in its place the heading 1C010, 1D002, 2B003, 2D001, 2E001, Commerce Control List) is amended by ‘‘Country Chart (See Supp. No. 1 to part 2E002, 3A002, 3B001, 3D001, 4A001, adding the new section heading 738).’’ 4E001, 5A001, 5B001, 5D001, 5E001, ‘‘Special Conditions for STA’’ above the ■ 6A001, 6A002, 6A004, 6A006, 6A008, STA paragraph of the following Export 31. Supplement No. 1 to part 774 (the 6B008, 6D001, 6D003, 6E001, 6E002, Control Classification Numbers Commerce Control List) is amended by 8A001, 8A002, 8D001, 8D002, 8E001, (ECCNs): 0A606, 0A617, 0B606, 0B617, removing the ‘‘Country Chart’’ table 8E002, 9B001, 9D001, 9D002, 9E001, 0C606, 0C617, 0D606, 0D617, 0D617, heading in the License Requirements 9E002 and 9E003; and 0E606, 0E617, 8A609, 8A620, 8B609, section from Export Control ■ c. By removing the ‘‘License 8B620, 8C609, 8D609, 8D620, 8E609, Classification Numbers (ECCNs): 0A606, Requirement Note’’ paragraphs in the and 8E620, as added July 8, 2013, at 78 0A617, 0B606, 0B617, 0C606, 0C617, License Requirements section in the FR 40912–40918, effective January 6, 0D606, 0D617, 0D617, 0E606, 0E617, following Export Control Classification 2014; 8A609, 8A620, 8B609, 8B620, 8C609, Numbers (ECCNs): 1E002 and 3E001. 8D609, 8D620, 8E609, and 8E620, as ■ 26. Supplement No. 1 to part 774 (the ■ 37. Supplement No. 1 to part 774 (the added July 8, 2013, at 78 FR 40912– Commerce Control List) is amended by Commerce Control List) is amended by 40918, effective January 6, 2014, and removing the section headings ‘‘License adding the new section ‘‘REPORTING adding in its place the heading Exceptions’’ from Export Control REQUIREMENTS See § 743.1 of the EAR ‘‘Country Chart (See Supp. No. 1 to part Classification Numbers (ECCNs) for reporting requirements for exports 738).’’ wherever they appear, and adding in under License Exceptions, Special ■ place of those headings ‘‘List Based 32. Supplement No. 1 to part 774 (the Comprehensive Licenses, and Validated License Exceptions (See Part 740 for a Commerce Control List) is amended by End-User authorizations’’ after the description of all license exceptions).’’ adding quotes around the term specially License Requirements section in the ■ 27. Supplement No. 1 to part 774 (the designed wherever it appears. following Export Control Classification Commerce Control List) is amended by ■ 33. Supplement No. 1 to part 774 (the Numbers (ECCNs): 1A002, 1C001, removing the section headings ‘‘License Commerce Control List) is amended by 1C007, 1C010, 1D002, 1E001, 1E002, Exceptions’’ from Export Control adding quotes around the term 2B003, 2D001, 2E001, 2E002, 3A002, Classification Numbers (ECCNs): 9A610, accessories wherever it appears. 3D001, 3E001, 4A001, 4D001, 4E001, 9A619, 9B610, 9B619, 9C610, 9C619, ■ 34. Supplement No. 1 to part 774 (the 5A001, 5B001, 5D001, 5E001, 6A001, 9D610, 9D619, 9E610, and 9E619, as Commerce Control List) is amended by 6A002, 6A004, 6A006, 6A008, 6B008, added April 16, 2013, at 78 FR 22730– adding quotes around the term 6D001, 6D003, 6E001, 6E002, 7D002, 22734, effective October 15, 2013, and attachments wherever it appears. 7D003, 7E001, 7E002, 8A001, 8A002, adding in place of those headings ‘‘List ■ 35. Supplement No. 1 to part 774 (the 8D001, 8D002, 8E001, 8E002, 9B001, Based License Exceptions (See Part 740 Commerce Control List) is amended: 9D001, 9D002, 9E001, 9E002 and 9E003. for a description of all license ■ a. By removing the ‘‘Unit’’ paragraph ■ 38. In Supplement No. 1 to part 774 exceptions).’’ from the List of Items Controlled section (the Commerce Control List), Category ■ 28. Supplement No. 1 to part 774 (the in each Export Control Classification 0—Nuclear Materials, Facilities & Commerce Control List) is amended by Number (ECCN) where such paragraph Equipment (and Miscellaneous Items), removing the section headings ‘‘License appears; Export Control Classification Number Exceptions’’ from Export Control ■ b. By removing the ‘‘Unit’’ paragraph (ECCN) 0A002 is amended by revising Classification Numbers (ECCNs): 0A606, from the List of Items Controlled section the heading to read as follows:

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0A002 Power generating or propulsion ■ 44. In Supplement No. 1 to part 774 solely for signal, flare, or saluting use; equipment ‘‘specially designed’’ for use (the Commerce Control List), Category and ‘‘specially designed’’ ‘‘parts’’ and with space, marine or mobile ‘‘nuclear 0—Nuclear Materials, Facilities & ‘‘components,’’ n.e.s. reactors’’. (These items are ‘‘subject to Equipment (and Miscellaneous Items), * * * * * the ITAR.’’ See 22 CFR parts 120 ■ through 130.) Export Control Classification Number 46. In Supplement No. 1 to part 774 (ECCN) 0A984 is amended: (the Commerce Control List), Category * * * * * ■ a. By revising the first ‘‘CC’’ paragraph 0—Nuclear Materials, Facilities & ■ 39. In Supplement No. 1 to part 774 in the Control(s) paragraph of the Equipment (and Miscellaneous Items), (the Commerce Control List), Category License Requirements section; and Export Control Classification Number 0—Nuclear Materials, Facilities & ■ b. By revising the ‘‘Related Controls’’ (ECCN) 0A986 is amended by revising Equipment (and Miscellaneous Items), paragraph in the List of Items Controlled the heading to read as follows: Export Control Classification Number section to read as follows: (ECCN) 0A018 is amended by revising 0A986 Shotgun shells, except buckshot shotgun shells, ‘‘specially designed’’ the heading to read as follows: 0A984 Shotguns with barrel length 18 inches (45.72 cm) or over; receivers; ‘‘parts’’ and ‘‘components.’’ 0A018 Items on the Wassenaar Munitions barrels of 18 inches (45.72 cm) or longer * * * * * List (see List of Items Controlled). but not longer than 24 inches (60.96 cm); ■ 47. In Supplement No. 1 to part 774 * * * * * complete trigger mechanisms; (the Commerce Control List), Category ■ 40. In Supplement No. 1 to part 774 magazines and magazine extension 0—Nuclear Materials, Facilities & tubes; complete breech mechanisms; (the Commerce Control List), Category Equipment (and Miscellaneous Items), 0—Nuclear Materials, Facilities & buckshot shotgun shells; except equipment used exclusively to treat or Export Control Classification Number Equipment (and Miscellaneous Items), tranquilize animals, and except arms (ECCN) 0A987 is amended by revising Export Control Classification Number designed solely for signal, flare, or the heading to read as follows: (ECCN) 0A979 is amended by revising saluting use. 0A987 Optical sighting devices for firearms the heading to read as follows: License Requirements (including shotguns controlled by 0A979 Police helmets and shields; and 0A984); and ‘‘components’’ as follows ‘‘specially designed’’ ‘‘components,’’ Reason for Control: *** (see List of Items Controlled). n.e.s. Control(s) Country chart * * * * * * * * * * ■ 48. In Supplement No. 1 to part 774 ■ 41. In Supplement No. 1 to part 774 (the Commerce Control List), Category (the Commerce Control List), Category ***** 0—Nuclear Materials, Facilities & 0—Nuclear Materials, Facilities & CC applies to shot- CC Column 1 Equipment (and Miscellaneous Items), Equipment (and Miscellaneous Items), guns with a barrel Export Control Classification Number Export Control Classification Number length greater than or equal to 18 in. (ECCN) 0D001 is amended: (ECCN) 0A981 is amended by revising ■ a. By revising the heading; and (45.72 cm), but ■ the heading to read as follows: less than 24 in. b. By revising the second Control(s) 0A981 Equipment designed for the (60.96 cm), shot- paragraph in the License Requirements execution of human beings as follows gun ‘‘components’’ section to read as follows: (see List of Items Controlled). controlled by this 0D001 ‘‘Software’’ ‘‘specially designed’’ or * * * * * entry, and buckshot modified for the ‘‘development,’’ ■ shotgun shells con- ‘‘production’’ or ‘‘use’’ of commodities 42. In Supplement No. 1 to part 774 trolled by this entry, (the Commerce Control List), Category described in 0A001, 0A002, 0B (except regardless of end- 0B986 and 0B999), or 0C. 0—Nuclear Materials, Facilities & user. Equipment (and Miscellaneous Items), License Requirements Export Control Classification Number ***** Reason for Control: (ECCN) 0A982 is amended by revising Control(s) * * * * * the heading to read as follows: * * * * * 0A982 Law enforcement restraint devices, List of Items Controlled ‘‘Software’’ for items described in 0A002 is including leg irons, shackles, and * * * * * ‘‘subject to the ITAR’’ (see 22 CFR parts 120 handcuffs; straight jackets; stun cuffs; Related Controls: This entry does not control through 130). shock belts; shock sleeves; multipoint shotguns with a barrel length of less than * * * * * restraint devices such as restraint 18 inches (45.72 cm). These items are ■ 49. In Supplement No. 1 to part 774 chairs; and ‘‘specially designed’’ ‘‘subject to the ITAR’’ (see 22 CFR parts (the Commerce Control List), Category ‘‘parts,’’ ‘‘components’’ and 120 through 130). ‘‘accessories,’’ n.e.s. 1—Special Materials and Related * * * * * Equipment, Chemicals, * * * * * ■ 45. In Supplement No. 1 to part 774 ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ■ 43. In Supplement No. 1 to part 774 (the Commerce Control List), Category Control Classification Number (ECCN) (the Commerce Control List), Category 0—Nuclear Materials, Facilities & 1A001 is amended: 0—Nuclear Materials, Facilities & Equipment (and Miscellaneous Items), ■ a. By revising the heading; and Equipment (and Miscellaneous Items), Export Control Classification Number ■ b. By revising the ‘‘Related Controls’’ Export Control Classification Number (ECCN) 0A985 is amended by revising paragraph (1) in the List of Items (ECCN) 0A983 is amended by revising the heading to read as follows: Controlled section to read as follows: the heading to read as follows: 0A985 Discharge type arms and devices to 1A001 ‘‘Parts’’ and ‘‘components’’ made 0A983 ‘‘Specially designed’’ implements of administer electric shock, for example, from fluorinated compounds, as follows torture, including thumbscrews, stun guns, shock batons, shock shields, (see List of Items Controlled). thumbcuffs, fingercuffs, spiked batons, electric cattle prods, immobilization * * * * * and ‘‘specially designed’’ ‘‘parts,’’ guns and projectiles; except equipment ‘‘components’’ and ‘‘accessories,’’ n.e.s. used exclusively to treat or tranquilize List of Items Controlled * * * * * animals, and except arms designed * * * * *

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Related Controls: (1) Items specially designed and (iii) incapable of replacement without Control Classification Number (ECCN) or modified for missiles or for items on the compromising the effectiveness of the 1A006 is amended: U.S. Munitions List are ‘‘subject to the device, in which case the equipment is ■ a. By revising the heading; and ITAR’’ (see 22 CFR parts 120 through 130, ‘‘subject to the EAR’’ under ECCN 1A004. ■ b. By revising the ‘‘Related Controls’’ including USML Category XXI). Related Definitions: *** paragraph in the List of Items Controlled Items: * * * * * section to read as follows: ■ 50. In Supplement No. 1 to part 774 * * * * * a. Full face masks, filter canisters and 1A006 Equipment, ‘‘specially designed’’ or (the Commerce Control List), Category modified for the disposal of improvised 1—Special Materials and Related decontamination equipment therefor, designed or modified for defense against any explosive devices, as follows (see List of Equipment, Chemicals, of the following, and ‘‘specially designed’’ Items Controlled), and ‘‘specially ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ‘‘components’’ therefor: designed’’ ‘‘components’’ and ‘‘accessories’’ therefor. Control Classification Number (ECCN) * * * * * 1A002 is amended by revising the c. Detection systems, ‘‘specially designed’’ * * * * * ‘‘Related Controls’’ paragraph (3) in the or modified for detection or identification of List of Items Controlled List of Items Controlled section to read any of the following, and ‘‘specially * * * * * as follows: designed’’ ‘‘components’’ therefor: Related Controls: Equipment ‘‘specially 1A002 ‘‘Composite’’ structures or * * * * * designed’’ for military use for the disposal laminates, having any of the following Technical Notes: of improvised explosive devices is ‘‘subject to the ITAR’’ (see 22 CFR parts 120 through (see List of Items Controlled). 1. 1A004 includes equipment, 130, including USML Category IV). * * * * * ‘‘components’’ that have been ‘identified,’ successfully tested to national standards or * * * * * List of Items Controlled otherwise proven effective, for the detection ■ 54. In Supplement No. 1 to part 774 * * * * * of or defense against radioactive materials Related Controls: * * * (3) ‘‘Composite’’ ‘‘adapted for use in war,’’ biological agents (the Commerce Control List), Category structures ‘‘specially designed’’ for missile ‘‘adapted for use in war,’’ chemical warfare 1—Special Materials and Related applications (including ‘‘specially agent, ‘simulants’ or ‘‘riot control agents,’’ Equipment, Chemicals, designed’’ subsystems, ‘‘parts,’’ and even if such equipment or ‘‘components’’ are ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ‘‘components’’) are controlled by ECCN used in civil industries such as mining, Control Classification Number (ECCN) 9A110. quarrying, agriculture, pharmaceuticals, 1A007 is amended by revising the * * * * * medical, veterinary, environmental, waste ‘‘Related Controls’’ paragraph in the List ■ 51. In Supplement No. 1 to part 774 management, or the food industry. of Items Controlled section to read as (the Commerce Control List), Category * * * * * follows: ■ 1—Special Materials and Related 52. In Supplement No. 1 to part 774 1A007 Equipment and devices, ‘‘specially Equipment, Chemicals, (the Commerce Control List), Category designed’’ to initiate charges and ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1—Special Materials and Related devices containing energetic materials, Control Classification Number (ECCN) Equipment, Chemicals, by electrical means, as follows (see List 1A004 is amended: ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export of Items Controlled). ■ a. By revising the heading; Control Classification Number (ECCN) * * * * * ■ b. By revising ‘‘Related Controls’’ 1A005 is amended: List of Items Controlled paragraph (4) in the List of Items ■ a. By revising the heading; Controlled section; ■ b. By revising the ‘‘Related Controls’’ * * * * * ■ c. By revising the introductory text of paragraph (1) in the List of Items Related Controls: (1) Equipment and devices ‘‘specially designed’’ for military use are ‘‘items’’ paragraphs a and c in the List Controlled section; and ■ ‘‘subject to the ITAR’’ (see 22 CFR parts of Items Controlled section; and c. By revising ‘‘items’’ paragraph a in 120 through 130). (2) This entry does not ■ d. By revising Technical Notes ‘‘1’’ at the List of Items Controlled section to control detonators using only primary the end of the List of Items Controlled read as follows: explosives, such as lead azide. (3) See also section to read as follows: 1A005 Body armor and ‘‘specially 3A229. (4) See 1E001 for ‘‘development’’ 1A004 Protective and detection equipment designed’’ ‘‘components’’ therefor, as and ‘‘production’’ technology controls, and and ‘‘components,’’ not ‘‘specially follows (see List of Items Controlled). 1E201 for ‘‘use’’ technology controls. designed’’ for military use, as follows * * * * * * * * * * (see List of Items Controlled). ■ 55. In Supplement No. 1 to part 774 * * * * * List of Items Controlled (the Commerce Control List), Category * * * * * List of Items Controlled 1—Special Materials and Related Related Controls: (1) Bulletproof and bullet Equipment, Chemicals, * * * * * resistant vests (body armor) NIJ levels III ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Related Controls: * * * (4) Chemical and and IV, are ‘‘subject to the ITAR’’ (see 22 biological protective and detection CFR parts 120 through 130, including Control Classification Number (ECCN) equipment specifically designed, USML Categories X(a) and XIII(e)). * * * 1A008 is amended: ■ developed, modified, configured, or Related Definitions: *** a. By revising the heading; ■ adapted for military applications is Items: b. By revising the introductory text of ‘‘subject to the ITAR’’ (see 22 CFR parts a. Soft body armor not manufactured to ‘‘Related Controls’’ paragraph (1) and 120 through 130, including USML Category military standards or specifications, or to the ‘‘Related Controls’’ paragraph (2) in XIV(f)), as is commercial equipment that their equivalents, and ‘‘specially designed’’ the List of Items Controlled section; and incorporates ‘‘parts’’ or ‘‘components’’ components therefor; ■ c. By revising the introductory text of controlled under that category except for * * * * * ‘‘items’’ paragraph b in the List of Items domestic preparedness devices for ■ Controlled section to read as follows: individual protection that integrate 53. In Supplement No. 1 to part 774 ‘‘components’’ and ‘‘parts’’ identified in (the Commerce Control List), Category 1A008 Charges, devices and USML Category XIV(f)(4) when such 1—Special Materials and Related ‘‘components,’’ as follows (see List of ‘‘parts’’ or ‘‘components’’ are: (i) Integral to Equipment, Chemicals, Items Controlled). the device; (ii) inseparable from the device; ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export * * * * *

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List of Items Controlled ■ 58. In Supplement No. 1 to part 774 for military use and not controlled by * * * * * (the Commerce Control List), Category ECCN 1A004 or ECCN 2B351 therefor. Related Controls: (1) All of the following are 1—Special Materials and Related * * * * * ‘‘subject to the ITAR’’ (see 22 CFR parts Equipment, Chemicals, ■ 61. In Supplement No. 1 to part 774 120 through 130): ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export (the Commerce Control List), Category * * * * * Control Classification Number (ECCN) 1—Special Materials and Related (2) See also ECCNs 1C011, 1C018, 1C111, 1A290 is amended by revising the Equipment, Chemicals, and 1C239 for additional controlled energetic ‘‘Related Controls’’ paragraphs (1) and ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export materials. See ECCN 1E001 for the (3) in the List of Items Controlled Control Classification Number (ECCN) ‘‘development’’ or ‘‘production’’ section to read as follows: 1B001 is amended: ‘‘technology’’ for the commodities controlled ■ 1A290 Depleted uranium (any uranium a. By revising the heading; and by ECCN 1A008, but not for explosives or ■ commodities that are ‘‘subject to the ITAR.’’ containing less than 0.711% of the b. By revising ‘‘items’’ paragraph f.2 in isotope U–235) in shipments of more the List of Items Controlled section to * * * * * read as follows: Items: than 1,000 kilograms in the form of shielding contained in X-ray units, * * * * * 1B001 Equipment for the production or radiographic exposure or teletherapy inspection of ‘‘composite’’ structures or b. Linear shaped cutting charges having all devices, radioactive thermoelectric laminates controlled by 1A002 or of the following, and ‘‘specially designed’’ generators, or packaging for the ‘‘fibrous or filamentary materials’’ ‘‘components’’ therefor: transportation of radioactive materials. controlled by 1C010, as follows (see List * * * * * * * * * * of Items Controlled), and ‘‘specially ■ 56. In Supplement No. 1 to part 774 designed’’ ‘‘components’’ and (the Commerce Control List), Category List of Items Controlled ‘‘accessories’’ therefor. 1—Special Materials and Related * * * * * * * * * * Equipment, Chemicals, Related Controls: (1) This entry does not List of Items Controlled ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export control depleted uranium in fabricated forms for use in munitions. See 22 CFR * * * * * Control Classification Number (ECCN) Items: part 121 for depleted uranium ‘‘subject to 1A101 is amended: * * * * * ■ the ITAR’’ * * * (3) ‘‘Natural uranium’’ or a. By revising the heading; and ‘‘depleted uranium’’ or thorium in the form f.2. Numerically controlled ultrasonic ■ b. By revising the ‘‘Related Controls’’ of metal, alloy, chemical compound or testing machines of which the motions paragraph in the List of Items Controlled concentrate and any other material for positioning transmitters or receivers to read as follows: containing one or more of the foregoing are are simultaneously coordinated and 1A101 Devices for reduced observables subject to the export licensing authority of programmed in four or more axes to such as radar reflectivity, ultraviolet/ the Nuclear Regulatory Commission (see 10 follow the three dimensional contours infrared signatures and acoustic CFR part 110). of the ‘‘part’’ or ‘‘component’’ under signatures, for applications usable in * * * * * inspection; rockets, missiles, or unmanned aerial * * * * * vehicles capable of achieving a ‘‘range’’ ■ 59. In Supplement No. 1 to part 774 ■ equal to or greater than 300 km or their (the Commerce Control List), Category 62. In Supplement No. 1 to part 774 complete subsystems. 1—Special Materials and Related (the Commerce Control List), Category * * * * * Equipment, Chemicals, 1—Special Materials and Related ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Equipment, Chemicals, List of Items Controlled Control Classification Number (ECCN) ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export * * * * * 1A985 is amended by revising the Control Classification Number (ECCN) Related Controls: (1) See also 1C101. (2) For ‘‘Related Controls’’ paragraph in the List 1B003 is amended: commodities that meet the definition of of Items Controlled section to read as ■ a. By revising ‘‘Related Controls’’ defense articles under 22 CFR 120.3 of the follows: paragraph in the List of Items Controlled International Traffic in Arms Regulations section; and (ITAR), which describes similar 1A985 Fingerprinting powders, dyes, and ■ b. By revising ‘‘items’’ paragraph c in commodities ‘‘subject to the ITAR’’ (See 22 inks. the List of Items Controlled section to CFR parts 120 through 130, including * * * * * USML Category XIII). read as follows: List of Items Controlled 1B003 Tools, dies, molds or fixtures, for * * * * * * * * * * ‘‘superplastic forming’’ or ‘‘diffusion ■ 57. In Supplement No. 1 to part 774 Related Controls: See 3A981. bonding’’ titanium, aluminum or their alloys, ‘‘specially designed’’ for the (the Commerce Control List), Category * * * * * 1—Special Materials and Related manufacture of any of the following (see Equipment, Chemicals, ■ 60. In Supplement No. 1 to part 774 List of Items Controlled). ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export (the Commerce Control List), Category * * * * * Control Classification Number (ECCN) 1—Special Materials and Related List of Items Controlled 1A102 is amended by revising the Equipment, Chemicals, * * * * * heading to read as follows: ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Related Controls: For ‘‘specially designed’’ 1A102 Resaturated pyrolized carbon- Control Classification Number (ECCN) production equipment of systems, sub- carbon ‘‘parts’’ and ‘‘components’’ 1A995 is amended by revising the systems, and ‘‘parts’’ and ‘‘components’’ designed for rockets, missiles, or heading to read as follows: controlled by 9A005 to 9A009, 9A011, 9A101, 9A105 to 9A109, 9A111, and unmanned aerial vehicles capable of 1A995 Protective and detection equipment 9A116 to 9A120 usable in ‘‘missiles,’’ see achieving a ‘‘range’’ equal to or greater not ‘‘specially designed’’ for military use 9B115. than 300 km. (These items are ‘‘subject and not controlled by ECCN 1A004 or to the ITAR.’’ See 22 CFR parts 120 ECCN 2B351, as follows (see List of * * * * * through 130.) Items Controlled), and ‘‘parts’’ and Items: * * * * * ‘‘components’’ not ‘‘specially designed’’ * * * * *

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c. ‘‘Specially designed’’ ‘‘parts’’ and Items: List of Items Controlled ‘‘components’’ for structures specified by * * * * * * * * * * 1B003.a or for engines specified by 1B003.b. b. ‘‘Specially designed’’ ‘‘parts’’ and Related Controls: See 1B115, 1B117, and * * * * * ‘‘components’’ for ‘‘production equipment’’ 1B119. ■ specified in 1B002 or 1B102.a. 63. In Supplement No. 1 to part 774 * * * * * (the Commerce Control List), Category * * * * * ■ 1—Special Materials and Related ■ 66. In Supplement No. 1 to part 774 69. In Supplement No. 1 to part 774 Equipment, Chemicals, (the Commerce Control List), Category (the Commerce Control List), Category ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1—Special Materials and Related 1—Special Materials and Related Control Classification Number (ECCN) Equipment, Chemicals, Equipment, Chemicals, 1B018 is amended by revising the ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export heading to read as follows: Control Classification Number (ECCN) Control Classification Number (ECCN) 1B119 is amended: 1B018 Items on the Wassenaar 1B115 is amended by revising the ■ Arrangement Munitions List (see List of heading to read as follows: a. By revising the heading; and Items Controlled). ■ b. By revising the ‘‘Related Controls’’ 1B115 Equipment, other than that * * * * * paragraph in the List of Items Controlled controlled in 1B002 or 1B102, for the section to read as follows: ■ 64. In Supplement No. 1 to part 774 ‘‘production’’ of propellant or (the Commerce Control List), Category propellant constituents (see List of Items 1B119 Fluid energy mills usable for 1—Special Materials and Related Controlled), and ‘‘specially designed’’ grinding or milling propellant or propellant constituents specified in Equipment, Chemicals, ‘‘parts’’ and ‘‘components’’ therefor. * * * * * 1C011.a, 1C011.b or 1C111, or on the ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export U.S. Munitions List, and ‘‘specially Control Classification Number (ECCN) ■ 67. In Supplement No. 1 to part 774 designed’’ ‘‘parts’’ and ‘‘components’’ 1B101 is amended: (the Commerce Control List), Category therefor. ■ a. By revising the heading; and 1—Special Materials and Related ■ * * * * * b. By revising ‘‘Related Definitions’’ Equipment, Chemicals, paragraph in the List of Items Controlled ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export List of Items Controlled section to read as follows: Control Classification Number (ECCN) * * * * * 1B101 Equipment, other than that 1B117 is amended: Related Controls: See 1B115, 1B117 and controlled by 1B001, for the ■ a. By revising the heading; and 1B118. ‘‘production’’ of structural composites, ■ b. By revising the ‘‘Related Controls’’ * * * * * fibers, prepregs or preforms, usable for paragraph in the List of Items Controlled rockets, missiles, or unmanned aerial ■ 70. In Supplement No. 1 to part 774 vehicles capable of achieving a ‘‘range’’ section to read as follows: (the Commerce Control List), Category equal to or greater than 300 km and 1B117 Batch mixers with provision for 1—Special Materials and Related their subsystems, as follows (see List of mixing under vacuum in the range from Equipment, Chemicals, Items Controlled); and ‘‘specially zero to 13.326 kPa and with temperature ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export designed’’ ‘‘parts,’’ ‘‘components’’ and control capability of the mixing chamber Control Classification Number (ECCN) ‘‘accessories’’ therefor. and having all of the following 1B225 is amended by revising the * * * * * characteristics (see List of Items ‘‘Related Controls’’ paragraph in the List Controlled), and ‘‘specially designed’’ List of Items Controlled ‘‘parts’’ and ‘‘components’’ therefor. of Items Controlled section to read as follows: * * * * * * * * * * Related Definitions: Examples of ‘‘parts,’’ 1B225 Electrolytic cells for fluorine ‘‘components’’ and accessories for the List of Items Controlled production with a production capacity machines controlled by this entry are * * * * * greater than 250 g of fluorine per hour. molds, mandrels, dies, fixtures and tooling Related Controls: See 1B115, 1B118, and * * * * * for the preform pressing, curing, casting, 1B119. sintering or bonding of composite List of Items Controlled structures, laminates and manufactures * * * * * thereof. * * * * * ■ 68. In Supplement No. 1 to part 774 Related Controls: (1) See ECCNs 1E001 * * * * * (the Commerce Control List), Category (‘‘development’’ and ‘‘production’’) and ■ 65. In Supplement No. 1 to part 774 1—Special Materials and Related 1E201 (‘‘use’’) for technology for items (the Commerce Control List), Category Equipment, Chemicals, controlled by this entry. (2) See ECCN 1—Special Materials and Related ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1B999 for specific processing equipment, Equipment, Chemicals, Control Classification Number (ECCN) n.e.s. ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1B118 is amended: * * * * * ■ Control Classification Number (ECCN) a. By revising the heading; and ■ 71. In Supplement No. 1 to part 774 ■ 1B102 is amended: b. By revising the ‘‘Related Controls’’ (the Commerce Control List), Category ■ a. By revising the heading; and paragraph in the List of Items Controlled 1—Special Materials and Related ■ b. By revising the introductory text of section to read as follows: Equipment, Chemicals, ‘‘items’’ paragraph b in List of Items 1B118 Continuous mixers with provision ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Controlled section to read as follows: for mixing under vacuum in the range Control Classification Number (ECCN) 1B102 Metal powder ‘‘production from zero to 13.326 kPa and with 1C002 is amended by revising ‘‘items’’ equipment,’’ other than that specified in temperature control capability of the paragraph c.1.a in the List of Items mixing chamber and having any of the 1B002, and ‘‘parts’’ and ‘‘components’’ Controlled section to read as follows: as follows (see List of Items Controlled). following characteristics (see List of * * * * * Items Controlled), and ‘‘specially 1C002 Metal alloys, metal alloy powder designed’’ ‘‘parts’’ and ‘‘components’’ and alloyed materials, as follows (see List of Items Controlled therefor. List of Items Controlled). * * * * * * * * * * * * * * *

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List of Items Controlled Control Classification Number (ECCN) oxidizer substances are ‘‘subject to the * * * * * 1C102 is amended by revising the ITAR’’ (see 22 CFR parts 120 through 130, Items: heading to read as follows: including USML Category V). * * * * * * * * 1C102 Resaturated pyrolized carbon- * * * * * c.1.a. Nickel alloys (Ni-Al-X, Ni-X-Al) carbon materials designed for space ■ 77. In Supplement No. 1 to part 774 qualified for turbine engine ‘‘parts’’ or launch vehicles specified in 9A004 or (the Commerce Control List), Category ‘‘components,’’ i.e. with less than 3 non- sounding rockets specified in 9A104. 1—Special Materials and Related metallic particles (introduced during the (These items are ‘‘subject to the ITAR.’’ Equipment, Chemicals, manufacturing process) larger than 100 mm in See 22 CFR parts 120 through 130.) 109 alloy particles; ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export * * * * * Control Classification Number (ECCN) * * * * * ■ 75. In Supplement No. 1 to part 774 1C117 is amended: ■ 72. In Supplement No. 1 to part 774 (the Commerce Control List), Category ■ a. By revising the heading; and (the Commerce Control List), Category 1—Special Materials and Related ■ b. By revising the ‘‘Related Controls’’ 1—Special Materials and Related Equipment, Chemicals, paragraph in the List of Items Controlled Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export section to read as follows: ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) Control Classification Number (ECCN) 1C117 Materials for the fabrication of 1C107 is amended by revising the missile ‘‘parts’’ or ‘‘components’’ for 1C011 is amended by revising the ‘‘Related Controls’’ paragraph in the List rockets or missiles capable of achieving introductory text of the ‘‘Related of Items Controlled section to read as a ‘‘range’’ equal to or greater than 300 Controls’’ paragraph (2) in the List of follows: km, as follows (see List of Items Items Controlled section to read as Controlled). follows: 1C107 Graphite and ceramic materials, other than those controlled by 1C007, * * * * * 1C011 Metals and compounds, as follows which can be machined to any of the List of Items Controlled (see List of Items Controlled). following products as follows (see List of Items Controlled). * * * * * * * * * * Related Controls: See 1C226. * * * * * List of Items Controlled * * * * * * * * * * List of Items Controlled ■ 78. In Supplement No. 1 to part 774 Related Controls: * * * (2) All of the * * * * * (the Commerce Control List), Category following are ‘‘subject to the ITAR’’ (see 22 Related Controls: (1) See also 1C004, 1C007, CFR parts 120 through 130): * * * 1—Special Materials and Related and 1C298. (2) For commodities that meet Equipment, Chemicals, * * * * * the definition of defense articles under 22 ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ■ CFR 120.3 of the ITAR, which describes 73. In Supplement No. 1 to part 774 similar commodities ‘‘subject to the ITAR’’ Control Classification Number (ECCN) (the Commerce Control List), Category (See 22 CFR parts 120 through 130, 1C233 is amended by revising the 1—Special Materials and Related including USML Category XIII). (3) ‘‘Related Controls’’ paragraph in the List Equipment, Chemicals, ‘‘Special fissile materials’’ and ‘‘other of Items Controlled section to read as ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export fissile materials’’; except, four ‘‘effective follows: Control Classification Number (ECCN) grams’’ or less when contained in a sensing component in instruments are subject to 1C233 Lithium enriched in the lithium-6 1C101 is amended by revising the 6 the export licensing authority of the ( Li) isotope to greater than its natural ‘‘Related Controls’’ paragraph (3) in the isotopic abundance, and products or List of Items Controlled section to read Nuclear Regulatory Commission (see 10 CFR part 110). devices containing enriched lithium, as as follows: follows: elemental lithium, alloys, * * * * * 1C101 Materials for Reduced Observables compounds, mixtures containing such as Radar Reflectivity, Ultraviolet/ ■ 76. In Supplement No. 1 to part 774 lithium, manufactures thereof, and Infrared Signatures and Acoustic (the Commerce Control List), Category waste or scrap of any of the foregoing. Signatures (i.e., Stealth Technology), 1—Special Materials and Related * * * * * Other than Those Controlled by 1C001, Equipment, Chemicals, List of Items Controlled for applications usable in rockets, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export missiles, or unmanned aerial vehicles * * * * * Control Classification Number (ECCN) Related Controls: (1) See ECCNs 1E001 capable of achieving a ‘‘range’’ equal to 1C111 is amended by revising the or greater than 300 km, and their (‘‘development’’ and ‘‘production’’) and subsystems. ‘‘Related Controls’’ paragraphs (1) and 1E201 (‘‘use’’) for technology for items (2) in the List of Items Controlled * * * * * controlled by this entry. (2) See ECCN section to read as follows: 1B233 for lithium isotope separation List of Items Controlled 1C111 Propellants and constituent facilities or plants, and equipment therefor. * * * * * chemicals for propellants, other than (3) Certain facilities or plants for the Related Controls: * * * (3) For commodities those specified in 1C011, as follows (see separation of lithium isotopes are subject that meet the definition of defense articles List of Items Controlled). to the export licensing authority of the Nuclear Regulatory Commission (see 10 under 22 CFR 120.3 of the International * * * * * Traffic in Arms Regulations (ITAR), which CFR part 110). describes similar commodities ‘‘subject to List of Items Controlled * * * * * the ITAR’’ (See 22 CFR parts 120 through * * * * * ■ 79. In Supplement No. 1 to part 774 130, including USML Category XIII). Related Controls: (1) Butacene, as defined by (the Commerce Control List), Category * * * * * C111.c.1, and some HTPB are ‘‘subject to 1—Special Materials and Related ■ the ITAR.’’ (See 22 CFR parts 120 through 74. In Supplement No. 1 to part 774 130, including USML Category V, other Equipment, Chemicals, (the Commerce Control List), Category ferrocene derivatives). (2) See 1C018 for ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1—Special Materials and Related controls on oxidizers that are composed of Control Classification Number (ECCN) Equipment, Chemicals, fluorine and one or more of the following— 1C239 is amended by revising the ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export other halogens, oxygen, or nitrogen. Solid ‘‘Related Controls’’ paragraph (3) in the

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List of Items Controlled section to read authority of the Nuclear Regulatory CWC Schedule 1 chemicals (see § 742.18 of as follows: Commission (see 10 CFR part 110). the EAR). The U.S. Government must * * * * * provide advance notification and annual 1C239 High explosives, other than those reports to the OPCW of all exports of ■ controlled by the U.S. Munitions List, or 82. In Supplement No. 1 to part 774 Schedule 1 chemicals. See § 745.1 of the substances or mixtures containing more (the Commerce Control List), Category EAR for notification procedures. See 22 than 2% by weight thereof, with a 1—Special Materials and Related CFR part 121, Category XIV and § 121.7 for crystal density greater than 1.8 g/cm3 Equipment, Chemicals, CWC Schedule 1 chemicals that are and having a detonation velocity greater ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ‘‘subject to the ITAR.’’ than 8,000 m/s. Control Classification Number (ECCN) * * * (3) See 22 CFR part 121, Category * * * * * 1C350 is amended: XIV(b), for modified biological agents and ■ a. By revising the heading; biologically derived substances that are List of Items Controlled ‘‘subject to the ITAR.’’ ■ b. By revising ‘‘Note to Mixtures’’ * * * * * paragraph b and ‘‘Technical Notes’’ * * * * * Related Controls: * * * (3) High explosives paragraph 1 in the License ■ 84. In Supplement No. 1 to part 774 for military use are ‘‘subject to the ITAR’’ (the Commerce Control List), Category (see 22 CFR part 121.12). Requirements section; and ■ b. By revising the ‘‘Related Controls’’ 1—Special Materials and Related * * * * * paragraph in the List of Items Controlled Equipment, Chemicals, ■ 80. In Supplement No. 1 to part 774 section to read as follows: ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) (the Commerce Control List), Category 1C350 Chemicals that may be used as 1—Special Materials and Related precursors for toxic chemical agents (see 1C355 is amended; ■ Equipment, Chemicals, List of Items Controlled). a. By revising the heading; and ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ■ b. By revising ‘‘Note to Mixtures’’ Control Classification Number (ECCN) License Requirements paragraph b and ‘‘Technical Notes’’ in 1C240 is amended by revising the * * * * * the License Requirements section to heading to read as follows: Licenses Requirements Notes: read as follows: 1C240 Nickel powder or porous nickel * * * * * 1C355 Chemical Weapons Convention metal, other than nickel powder or 2. * * * (CWC) Schedule 2 and 3 chemicals and porous nickel metal, specially prepared families of chemicals not controlled by * * * * * ECCN 1C350 or ‘‘subject to the ITAR’’ for the manufacture of gaseous diffusion Notes to Mixtures: *** barriers subject to the export licensing (see 22 CFR parts 120 through 130) (see authority of the Nuclear Regulatory * * * * * List of Items Controlled). b. Percent Weight Calculation. When Commission (see 10 CFR part 110), as calculating the percentage, by weight, of License Requirements follows (see List of Items Controlled). ingredients in a chemical mixture, include all * * * * * * * * * * ingredients of the mixture, including those Licenses Requirements Notes: ■ 81. In Supplement No. 1 to part 774 that act as solvents. (the Commerce Control List), Category * * * * * * * * * * 1. * * * 1—Special Materials and Related Technical Notes: *** Equipment, Chemicals, * * * * * 1. For purposes of this entry, a ‘‘mixture’’ Notes to Mixtures: *** ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export is defined as a solid, liquid or gaseous Control Classification Number (ECCN) * * * * * product made up of two or more ingredients b. Percent Weight Calculation. When 1C298 is amended: that do not react together under normal ■ calculating the percentage, by weight, of a. By revising the License storage conditions. ingredients in a chemical mixture, include all Requirement Note paragraph in the * * * * * ingredients of the mixture, including those License Requirements section; and that act as solvents. ■ List of Items Controlled b. By revising the Related Controls * * * * * paragraph in the List of Items Controlled * * * * * Technical Notes: For purposes of this section to read as follows: Related Controls: See USML Category XIV(c) for related chemicals ‘‘subject to the ITAR’’ entry, a ‘‘mixture’’ is defined as a solid, 1C298 Graphite with a boron content of (see 22 CFR parts 120 through 130). liquid or gaseous product made up of two or less than 5 parts per million and a more ingredients that do not react together density greater than 1.5 grams per cubic * * * * * under normal storage conditions. ■ centimeter that is intended for use other 83. In Supplement No. 1 to part 774 * * * * * than in a nuclear reactor. (the Commerce Control List), Category ■ 85. In Supplement No. 1 to part 774 License Requirements 1—Special Materials and Related Equipment, Chemicals, (the Commerce Control List), Category * * * * * ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1—Special Materials and Related License Requirement Note: Some graphite Control Classification Number (ECCN) Equipment, Chemicals, intended for use in a nuclear reactor is 1C351 is amended by revising the ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export subject to the export licensing authority of Control Classification Number (ECCN) the Nuclear Regulatory Commission (see 10 ‘‘Related Controls’’ paragraph (1) and (3) in the List of Items Controlled section to 1C992 is amended: CFR part 110). ■ a. By revising the heading; and read as follows: * * * * * ■ b. By revising the ‘‘Related 1C351 Human and zoonotic pathogens and Definitions’’ paragraphs (1), (3) and (4) List of Items Controlled ‘‘toxins,’’ as follows (see List of Items in the List of Items Controlled section to Controlled). * * * * * read as follows: Related Controls: (1) See also 1C107. (2) * * * * * Graphite having a purity level of less than 1C992 Commercial charges and devices 5 parts per million ‘‘boron equivalent’’ as List of Items Controlled containing energetic materials, n.e.s. measured according to ASTM standard C– * * * * * and nitrogen trifluoride in a gaseous 1233–98 and intended for use in a nuclear Related Controls: (1) Certain forms of ricin state (see List of Items Controlled). reactor is subject to the export licensing and saxitoxin in 1C351.d.11. and d.12 are * * * * *

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List of Items Controlled or unmanned aerial vehicles capable of according to the General Technology Note * * * * * delivering at least a 500 kg payload to for the ‘‘development’’ or ‘‘production’’ of Related Definitions: (1) Items controlled by a ‘‘range’’ equal to or greater than 300 equipment and materials specified by this entry 1C992 are those materials not km and their complete subsystems. ECCNs 1A002, 1C001, 1C007.c or d, or ‘‘subject to the ITAR’’ (see 22 CFR parts * * * * * 1C010.c or d to any of the eight 120 through 130) or controlled by ECCN destinations listed in § 740.20(c)(2) of the 1C018. * * * (3) The individual USML List of Items Controlled EAR. controlled energetic materials, even when * * * * * List of Items Controlled compounded with other materials, remain Related Controls: * * * (2) For software that ‘‘subject to the ITAR’’ when not meets the definition of defense articles * * * * * Related Controls: * * * (4) ‘‘Technology’’ for incorporated into explosive devices or under 22 CFR 120.3 of the International items described in ECCN 1A102 is ‘‘subject charges controlled by this entry. (4) Traffic in Arms Regulations (ITAR), which to the ITAR’’ (see 22 CFR parts 120 through Commercial prefabricated slurries and describes similar software that are ‘‘subject 130). emulsions containing greater than 35% of to the ITAR’’ (see 22 CFR parts 120 through USML controlled energetic materials are 130, including USML Category XIII). * * * * * ‘‘subject to the ITAR’’ (see 22 CFR parts * * * * * ■ 91. In Supplement No. 1 to part 774 120 through 130). * * * ■ 89. In Supplement No. 1 to part 774 (the Commerce Control List), Category * * * * * (the Commerce Control List), Category 1—Special Materials and Related ■ 86. In Supplement No. 1 to part 774 1—Special Materials and Related Equipment, Chemicals, (the Commerce Control List), Category Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1—Special Materials and Related ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) Equipment, Chemicals, Control Classification Number (ECCN) 1E101 is amended by revising the ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 1D993 is amended by revising the ‘‘Related Controls’’ paragraph in the List Control Classification Number (ECCN) heading to read as follows: of Items Controlled section to read as follows: 1C996 is amended by revising the 1D993 ‘‘Software’’ ‘‘specially designed’’ for heading to read as follows: the ‘‘development,’’ ‘‘production’’ or 1E101 ‘‘Technology,’’ in accordance with 1C996 Hydraulic fluids containing ‘‘use’’ of materials controlled by the General Technology Note, for the synthetic hydrocarbon oils, not 1C210.b, or 1C990. ‘‘use’’ of commodities and software controlled by 1C006, having all the controlled by 1A101, 1A102, 1B001, * * * * * 1B101, 1B102, 1B115 to 1B119, 1C001, following characteristics (see List of ■ 90. In Supplement No. 1 to part 774 Items Controlled). 1C007, 1C011, 1C101, 1C107, 1C111, (the Commerce Control List), Category 1C116, 1C117, 1C118, 1D001, 1D101, or * * * * * 1—Special Materials and Related 1D103. ■ 87. In Supplement No. 1 to part 774 Equipment, Chemicals, * * * * * (the Commerce Control List), Category ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export List of Items Controlled 1—Special Materials and Related Control Classification Number (ECCN) Equipment, Chemicals, 1E001 is amended: * * * * * ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export ■ a. By revising the heading; Related Controls: ‘‘Technology’’ for items ■ b. By removing ‘‘1A008,’’ from the controlled by 1A102 is ‘‘subject to the Control Classification Number (ECCN) ITAR’’ (see 22 CFR parts 120 through 130). 1D002 is amended by revising the first entry in the License Requirements ‘‘Related Controls’’ paragraph in the List table; * * * * * of Items Controlled to read as follows: ■ c. By revising the License Exception ■ 92. In Supplement No. 1 to part 774 1D002 ‘‘Software’’ for the ‘‘development’’ TSR paragraph (2) introductory text in (the Commerce Control List), Category of organic ‘‘matrix,’’ metal ‘‘matrix’’ or the License Exceptions section; 2—Materials Processing, Export Control carbon ‘‘matrix’’ laminates or ■ d. By revising the Special Conditions Classification Number (ECCN) 2A001 is ‘‘composites’’. for License Exception STA section; and amended: ■ * * * * * e. By revising the ‘‘Related Controls’’ ■ a. By revising the heading; paragraph (4) in the List of Items ■ b. By revising the ‘‘Related Controls’’ List of Items Controlled Controlled section to read as follows: paragraph (2) in the List of Items * * * * * 1E001 ‘‘Technology’’ according to the Controlled section; and Related Controls: ‘‘Software’’ for items General Technology Note for the ■ c. By redesignating Note to the controlled by 1A102 are ‘‘subject to the ‘‘Development’’ or ‘‘Production’’ of items ITAR’’ (see 22 CFR parts 120 through 130). ‘‘items’’ paragraph (a) in the List of controlled by 1A001.b, 1A001.c, 1A002, Items Control section as Note 2 and * * * * * 1A003, 1A004, 1A005, 1A006.b, 1A007, adding a new Note 1 to read as follows: ■ 88. In Supplement No. 1 to part 774 1A101, 1B (except 1B999), or 1C (except (the Commerce Control List), Category 1C355, 1C980 to 1C984, 1C988, 1C990, 2A001 Anti-friction bearings and bearing 1C991, 1C995 to 1C999). systems, as follows, (see List of Items 1—Special Materials and Related Controlled) and ‘‘components’’ therefor. Equipment, Chemicals, * * * * * * * * * * ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export License Exceptions Control Classification Number (ECCN) * * * * * List of Items Controlled 1D103 is amended: TSR: *** * * * * * ■ a. By revising the heading; and (2) Exports and reexports to destinations Related Controls: * * * (2) Quiet running ■ b. By revising the ‘‘Related Controls’’ outside of those countries listed in Country bearings are ‘‘subject to the ITAR’’ (see 22 paragraph (2) in the List of Items Group A:5 (See Supplement No. 1 to part 740 CFR parts 120 through 130). Controlled section to read as follows: of the EAR) of ‘‘technology’’ for the * * * * * 1D103 ‘‘Software’’ ‘‘specially designed’’ for ‘‘development’’ or production’’ of the Items: reduced observables such as radar following: Note 1: A001.a includes ball bearing and reflectivity, ultraviolet/infrared * * * * * roller elements ‘‘specially designed’’ for the signatures and acoustic signatures, for STA: License Exception STA may not be items specified therein. applications usable in rockets, missiles, used to ship or transmit ‘‘technology’’ * * * * *

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■ 93. In Supplement No. 1 to part 774 containing 10% or more nickel and/or 2A991 Bearings and bearing systems not (the Commerce Control List), Category chromium. controlled by 2A001 (see List of Items 2—Materials Processing, Export Control * * * * * Controlled). * * * * * Classification Number (ECCN) 2A226 is List of Items Controlled amended by revising the ‘‘Related List of Items Controlled Controls’’ paragraph (2) in the List of * * * * * Related Controls: * * * (3) Also see ECCNs * * * * * Items Controlled section to read as 2A226, 2B350 and 2B999. * * * Related Controls: * * * (2) Quiet running follows: * * * * * bearings are ‘‘subject to the ITAR’’ (see 22 2A226 Valves having all of the following CFR parts 120 through 130). ■ characteristics (see List of Items 96. In Supplement No. 1 to part 774 * * * * * Controlled). (the Commerce Control List), Category Items: * * * * * 2—Materials Processing, Export Control a. Ball bearings or Solid ball bearings, Classification Number (ECCN) 2A983 is having tolerances specified by the List of Items Controlled amended by revising the heading to read manufacturer in accordance with ABEC 7, * * * * * as follows: ABEC 7P, or ABEC 7T or ISO Standard Class Related Controls: * * * (2) Also see ECCNs 4 or better (or equivalents) and having any of 2A983 Explosives or detonator detection the following characteristics. 2A292, 2B350.g and 2B999. * * * equipment, both bulk and trace based, * * * * * consisting of an automated device, or * * * * * a.2. With lubricating elements or ‘‘part’’ or ■ 94. In Supplement No. 1 to part 774 combination of devices for automated decision making to detect the presence ‘‘component’’ modifications that, according (the Commerce Control List), Category to the manufacturer’s specifications, are 2—Materials Processing, Export Control of different types of explosives, explosive residue, or detonators; and ‘‘specially designed’’ to enable the bearings Classification Number (ECCN) 2A291 is ‘‘parts’’ and ‘‘components,’’ n.e.s. to operate at speeds exceeding 2.3 million amended: DN. * * * * * ■ a. By revising the heading; * * * * * ■ b. By revising the ‘‘Related Controls’’ ■ 97. In Supplement No. 1 to part 774 b. * * * paragraph (5) in the List of Items (the Commerce Control List), Category b.1. With lubricating elements or ‘‘part’’ or Controlled section; and 2—Materials Processing, Export Control ‘‘component’’ modifications that, according ■ c. By revising the ‘‘items’’ paragraph Classification Number (ECCN) 2A984 is to the manufacturer’s specifications, are d in the List of Items Controlled section amended: ‘‘specially designed’’ to enable the bearings to operate at speeds exceeding 2.3 million to read as follows: ■ a. By revising the heading; and ■ DN; or 2A291 Equipment, except items controlled b. By revising the ‘‘Related Controls’’ paragraph (1) in the List of Items * * * * * by 2A290, related to nuclear material ■ 99. In Supplement No. 1 to part 774 handling and processing and to nuclear Controlled section to read as follows: (the Commerce Control List), Category reactors, and ‘‘parts,’’ ‘‘components’’ 2A984 Concealed object detection and ‘‘accessories’’ therefor (see List of equipment operating in the frequency 2—Materials Processing, Export Control Items Controlled). range from 30 GHz to 3000 GHz and Classification Number (ECCN) 2A994 is * * * * * having a spatial resolution of 0.5 amended: milliradian up to and including 1 ■ a. By revising the heading; and List of Items Controlled milliradian at a standoff distance of 100 ■ b. By revising the ‘‘related * * * * * meters; and ‘‘parts’’ and ‘‘components,’’ definitions’’ paragraph in the List of Related Controls: * * * (5) Nuclear radiation n.e.s. Items Controlled section to read as detection and measurement devices * * * * * follows: ‘‘specially designed’’ or modified for military purposes are ‘‘subject to the ITAR’’ List of Items Controlled 2A994 Portable electric generators and (see 22 CFR parts 120 through 130). ‘‘specially designed’’ ‘‘parts’’ and * * * * * ‘‘components.’’ * * * * * Related Controls: (1) Concealed object Items: detection equipment operating in the * * * * * * * * * * frequency range from 30 GHz to 3000 GHz List of Items Controlled and having a spatial resolution less than d. Commodities, ‘‘parts,’’ ‘‘components’’ 0.5 milliradian (a lower milliradian * * * * * and accessories ‘‘specially designed’’ or number means a more accurate image Related Definitions: ‘Portable electric prepared for use with nuclear plants (e.g., resolution) at a standoff distance of 100 generators’—The generators that are in snubbers, airlocks, pumps, reactor fuel meters is ‘‘subject to the ITAR’’ (see 22 CFR 2A994 are portable—5,000 lbs or less on charging and discharging equipment, 1 parts 120 through 130). * * * wheels or transportable in a 2 ⁄2 ton truck containment equipment such as hydrogen without a ‘‘special set up requirement. * * * * * recombiner and penetration seals, and reactor * * * * * and fuel inspection equipment, including ■ 98. In Supplement No. 1 to part 774 ■ ultrasonic or eddy current test equipment). 100. In Supplement No. 1 to part 774 (the Commerce Control List), Category (the Commerce Control List), Category * * * * * 2—Materials Processing, Export Control 2—Materials Processing, Export Control ■ 95. In Supplement No. 1 to part 774 Classification Number (ECCN) 2A991 is Classification Number (ECCN) 2B001 is (the Commerce Control List), Category amended: amended by revising the parenthetical 2—Materials Processing, Export Control ■ a. By revising the heading; phrase following sentence (2) of the Classification Number (ECCN) 2A292 is ■ b. By revising the ‘‘Related Controls’’ second entry in the License amended by revising the ‘‘Related paragraph (2) in the List of Items Requirements table to read as follows: Controls’’ paragraph (3) in the List of Controlled section; and Items Controlled section to read as ■ 2B001 Machine tools and any combination c. By revising the introductory text of thereof, for removing (or cutting) metals, follows: paragraph a, and paragraphs a.2, and b.1 ceramics or ‘‘composites,’’ which, 2A292 Piping, fittings and valves made of, of the ‘‘items’’ paragraph in the List of according to the manufacturer’s or lined with, stainless steel, copper- Items Controlled section to read as technical specifications, can be nickel alloy or other alloy steel follows: equipped with electronic devices for

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‘‘numerical control’’, as follows (see List Related Controls: * * * (3) Also see ECCNs can be equipped with electronic devices of Items Controlled). 2B005, 2B117, 2B226 and 2B227. for simultaneous ‘‘contouring control’’ in two or more axes, as follows (see List License Requirements * * * * * of Items Controlled). Reason for Control: *** ■ 105. In Supplement No. 1 to part 774 (the Commerce Control List), Category * * * * * Control(s) Country chart 2—Materials Processing, Export Control List of Items Controlled Classification Number (ECCN) 2B109 is * * * * * amended: Items: ***** ■ a. By revising the heading; and a. * * * NP applies to NP Column 1 ■ b. By revising ‘‘Technical Notes’’ 2B001.a, .b, .c, and Note: Item 2B201.a. does not control bar .d, EXCEPT: * * * paragraph (2) in the ‘‘items’’ paragraph machines (Swissturn), limited to machining (2) * * * (Machines in the List of Items Controlled section to only bar feed thru, if maximum bar diameter may have drilling read as follows: is equal to or less than 42 mm and there is no capability of mounting chucks. Machines and/or milling capa- 2B109 Flow-forming machines, other than may have drilling and/or milling capabilities bilities for machin- those controlled by 2B009, and for machining ‘‘parts’’ or ‘‘components’’ with ing ‘‘parts’’ or ‘‘specially designed’’ ‘‘parts’’ and diameters less than 42 mm. ‘‘components’’ with ‘‘components’’ therefor (see List of Items diameters less than Controlled). * * * * * 42 mm); * * *. * * * * * ■ 108. In Supplement No. 1 to part 774 (the Commerce Control List), Category ***** List of Items Controlled 2—Materials Processing, Export Control * * * * * * * * * * Classification Number (ECCN) 2B229 is ■ 101. In Supplement No. 1 to part 774 Items: amended by revising the introductory (the Commerce Control List), Category * * * * * text to ‘‘items’’ paragraph b in the List 2—Materials Processing, Export Control Technical Notes: of Items Controlled section to read as Classification Number (ECCN) 2B003 is * * * * * follows: amended by adding quotes around the 2. 2B109 does not control machines that are 2B229 Centrifugal multiplane balancing term components in the heading. not usable in the ‘‘production’’ of machines, fixed or portable, horizontal ■ 102. In Supplement No. 1 to part 774 propulsion ‘‘parts,’’ ‘‘components’’ and or vertical, as follows (see List of Items (the Commerce Control List), Category equipment (e.g., motor cases) for systems Controlled). 2—Materials Processing, Export Control in 9A005, 9A007.a, or 9A105.a. * * * * * Classification Number (ECCN) 2B004 is ■ 106. In Supplement No. 1 to part 774 List of Items Controlled amended by adding quotes around the (the Commerce Control List), Category * * * * * term components in the heading. 2—Materials Processing, Export Control Items: ■ 103. In Supplement No. 1 to part 774 Classification Number (ECCN) 2B116 is * * * * * (the Commerce Control List), Category amended: b. Centrifugal balancing machines designed 2—Materials Processing, Export Control ■ a. By revising the heading; and for balancing hollow cylindrical rotor ‘‘parts’’ Classification Number (ECCN) 2B005 is ■ b. By revising the ‘‘Related Controls’’ or ‘‘components’’ and having all of the amended by revising the heading to read paragraph (3) in the List of Items following characteristics: as follows: Controlled section to read as follows: * * * * * 2B005 Equipment ‘‘specially designed’’ for 2B116 Vibration test systems and ■ 109. In Supplement No. 1 to part 774 the deposition, processing and in- equipment, usable for rockets, missiles, (the Commerce Control List), Category process control of inorganic overlays, or unmanned aerial vehicles capable of 2—Materials Processing, Export Control coatings and surface modifications, as achieving a ‘‘range’’ equal to or greater Classification Number (ECCN) 2B350 is than 300 km and their subsystems, and follows, for non-electronic substrates, by amended: processes shown in the Table and ‘‘parts’’ and ‘‘components’’ therefor, as ■ follows (see List of Items Controlled). a. By revising the ‘‘Related Controls’’ associated Notes following 2E003.f (see paragraph in the List of Items Controlled List of Items Controlled), and ‘‘specially * * * * * designed’’ automated handling, section; ■ positioning, manipulation and control List of Items Controlled b. By revising the ‘‘Related ‘‘components’’ therefor. * * * * * Definitions’’ paragraph in the List of * * * * * Related Controls: * * * (3) Also see ECCNs Items Controlled section; and ■ c. By adding a note at the end of the ■ 104. In Supplement No. 1 to part 774 9B106 and 9B990. * * * * * ‘‘items’’ paragraph, after the Technical (the Commerce Control List), Category Notes, in the List of Items Controlled ■ 107. In Supplement No. 1 to part 774 2—Materials Processing, Export Control section to read as follows: Classification Number (ECCN) 2B105 is (the Commerce Control List), Category amended by revising the ‘‘Related 2—Materials Processing, Export Control 2B350 Chemical manufacturing facilities Controls’’ paragraph (3) in the List of Classification Number (ECCN) 2B201 is and equipment, except valves controlled amended: by 2A226 or 2A292, as follows (see List Items Controlled section to read as of Items Controlled). follows: ■ a. By revising the heading; and ■ b. By revising the Note to paragraph * * * * * 2B105 Chemical vapor deposition (CVD) a in the ‘‘items’’ paragraph in the List of furnaces, other than those controlled by List of Items Controlled Items Controlled section to read as 2B005.a, designed or modified for the * * * * * densification of carbon-carbon follows: Related Controls: See also ECCNs 2A226, composites. 2B201 Machine tools, other than those 2A292, 2A293, 2B231 and 2B999. * * * * * controlled by 2B001, for removing or Related Definitions: For purposes of this cutting metals, ceramics or entry the term ‘chemical warfare agents’ List of Items Controlled ‘‘composites,’’ which, according to include those agents ‘‘subject to the ITAR’’ * * * * * manufacturer’s technical specifications, (see 22 CFR parts 120 through 130).

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Items: an aerosol and capable of carrying controlled by 2B006 or 2B206, as follows * * * * * elements of a payload in the form of a (see List of Items Controlled). particulate or liquid, other than fuel Note: See Categories V and XIV of the * * * * * ‘‘parts’’ or ‘‘components’’ of such vehicles, United States Munitions List for all of a volume greater than 20 liters. ■ 115. In Supplement No. 1 to part 774 chemicals that are ‘‘subject to the ITAR’’ (see (the Commerce Control List), Category 22 CFR parts 120 through 130). * * * * * Items: 2—Materials Processing, Export Control ■ 110. In Supplement No. 1 to part 774 Classification Number (ECCN) 2B998 is * * * * * amended: (the Commerce Control List), Category c.3. ‘‘Parts’’ or ‘‘components’’ of polished 2—Materials Processing, Export Control stainless steel or titanium; and ■ a. By revising the heading; and Classification Number (ECCN) 2B351 is ■ * * * * * b. By revising ‘‘items’’ paragraph c in amended: d.1.b.2. Using disposable or single-use the List of Items Controlled section to ■ a. By revising the heading; and filtration ‘‘parts’’ or ‘‘components’’. read as follows: ■ b. By revising ‘‘Related Controls’’ 2B998 Assemblies, circuit boards or inserts paragraph in the List of Items Controlled * * * * * d.2. Cross (tangential) flow filtration ‘‘specially designed’’ for machine tools section to read as follows: ‘‘parts’’ or ‘‘components’’ (e.g., modules, controlled by 2B991, or for equipment 2B351 Toxic gas monitoring systems and elements, cassettes, cartridges, units or controlled by 2B993, 2B996 or 2B997. their dedicated detecting ‘‘parts’’ and plates) with filtration area equal to or greater * * * * * ‘‘components’’ (i.e., detectors, sensor than 0.2 square meters (0.2 m2) for each devices, and replaceable sensor ‘‘part’’ or ‘‘component’’ and designed for use List of Items Controlled cartridges), as follows, except those in cross (tangential) flow filtration equipment * * * * * systems and detectors controlled by controlled by 2B352.d.1. Items: ECCN 1A004.c (see List of Items * * * * * * * * * * Controlled). h. Spraying or fogging systems and ‘‘parts’’ c. ‘‘Specially designed’’ printed circuit * * * * * and ‘‘components’’ therefor, as follows: boards with mounted ‘‘parts’’ or List of Items Controlled * * * * * ‘‘components’’ capable of upgrading, according to the manufacturer’s * * * * * Technical Notes: specifications, ‘‘numerical control’’ units, Related Controls: See ECCN 2D351 for * * * * * machine tools or feed-back devices to or ‘‘software’’ for toxic gas monitoring 2. This ECCN does not control spraying or above the levels specified in ECCNs 2B991, systems and their dedicated detecting fogging systems, ‘‘parts’’ and ‘‘components,’’ 2B993, 2B996, 2B997, or 2B998. ‘‘parts’’ and ‘‘components’’ controlled by as specified in 2B352.h., that are * * * * * this ECCN. Also see ECCN 1A004, which demonstrated not to be capable of delivering ■ controls chemical detection systems and biological agents in the form of infectious 116. In Supplement No. 1 to part 774 ‘‘specially designed’’ ‘‘parts’’ and aerosols. (the Commerce Control List), Category ‘‘components’’ therefor that are ‘‘specially * * * * * 2—Materials Processing, Export Control designed’’ or modified for detection or Classification Number (ECCN) 2B999 is identification of chemical warfare agents, ■ 112. In Supplement No. 1 to part 774 but not ‘‘specially designed’’ for military amended by adding a note to ‘‘items’’ use, and ECCN 1A995, which controls (the Commerce Control List), Category paragraph g in the List of Items certain detection equipment, ‘‘parts’’ and 2—Materials Processing, Export Control Controlled section to read as follows: ‘‘components’’ not controlled by ECCN Classification Number (ECCN) 2B991 is 2B999 Specific processing equipment, 1A004 or by this ECCN. amended by revising the heading to read n.e.s., as follows (see List of Items * * * * * as follows: Controlled). ■ 111. In Supplement No. 1 to part 774 2B991 Numerical control units for machine * * * * * (the Commerce Control List), Category tools and ‘‘numerically controlled’’ Note: Fittings are considered part of 2—Materials Processing, Export Control machine tools, n.e.s. (see List of Items ‘‘piping’’ for purposes of 2B999.g. Controlled). Classification Number (ECCN) 2B352 is * * * * * amended: * * * * * ■ 117. In Supplement No. 1 to part 774 ■ a. By revising ‘‘Related Controls’’ ■ 113. In Supplement No. 1 to part 774 (the Commerce Control List), Category paragraph in the List of Items Controlled (the Commerce Control List), Category section; 2—Materials Processing, Export Control 2—Materials Processing, Export Control Classification Number (ECCN) 2D351 is ■ b. By revising ‘‘items’’ paragraphs c.3, Classification Number (ECCN) 2B992 is d.1.b.2, d.2 and h in the List of Items amended by revising the heading to read amended by revising the heading to read as follows: Controlled section; and as follows: ■ c. By revising ‘‘Technical Notes’’ 2D351 Dedicated ‘‘software’’ for toxic gas paragraph 2 at the end of the ‘‘items’’ 2B992 Non-‘‘numerically controlled’’ monitoring systems and their dedicated machine tools for generating optical paragraph in the List of Items Controlled detecting ‘‘parts’’ and ‘‘components’’ quality surfaces, (see List of Items controlled by ECCN 2B351. section to read as follows: Controlled) and ‘‘specially designed’’ * * * * * 2B352 Equipment capable of use in ‘‘parts’’ and ‘‘components’’ therefor. handling biological materials, as follows ■ 118. In Supplement No. 1 to part 774 * * * * * (see List of Items Controlled). (the Commerce Control List), Category * * * * * ■ 114. In Supplement No. 1 to part 774 2—Materials Processing, Export Control (the Commerce Control List), Category Classification Number (ECCN) 2D984 is List of Items Controlled 2—Materials Processing, Export Control amended by revising the ‘‘Related * * * * * Classification Number (ECCN) 2B996 is Controls’’ paragraph (1) in the List of Related Controls: See ECCNs 1A004 and amended by revising the heading to read Items Controlled section to read as 1A995 for protective equipment that is not covered by this entry. Also see ECCN as follows: follows: 9A120 for controls on certain ‘‘UAV’’ 2B996 Dimensional inspection or 2D984 ‘‘Software’’ ‘‘required’’ for the systems designed or modified to dispense measuring systems or equipment not ‘‘development,’’ ‘‘production’’ or ‘‘use’’

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of concealed object detection equipment resolution) at a standoff distance of 100 ■ 124. In Supplement No. 1 to part 774 controlled by 2A984. meters or ‘‘required’’ for the (the Commerce Control List), Category * * * * * ‘‘development’’ of ‘‘software’’ ‘‘required’’ 3—Electronics, Export Control List of Items Controlled for the ‘‘development,’’ ‘‘production’’ or Classification Number (ECCN) 3A002 is ‘‘use’’ of concealed object detection * * * * * equipment operating in the frequency amended by revising the first sentence Related Controls: (1) ‘‘Software’’ ‘‘required’’ range from 30 GHz to 3000 GHz and having in ‘‘Related Controls’’ paragraph in the for the ‘‘development,’’ ‘‘production’’ or a spatial resolution less than 0.5 List of Items Controlled section to read ‘‘use’’ of concealed object detection milliradian at a standoff distance of 100 as follows: equipment operating in the frequency meters is ‘‘subject to the ITAR’’ (see 22 CFR range from 30 GHz to 3000 GHz and having 3A002 General purpose electronic parts 120 through 130). * * * equipment and ‘‘accessories’’ therefor, a spatial resolution less than 0.5 * * * * * milliradian (a lower milliradian number as follows (see List of Items Controlled). means a more accurate image resolution) at ■ 122. In Supplement No. 1 to part 774 * * * * * (the Commerce Control List), Category a standoff distance of 100 meters is List of Items Controlled ‘‘subject to the ITAR’’ (see 22 CFR parts 3—Electronics is amended by adding 120 through 130). * * * quotes around the term components in * * * * * ‘‘Note 1’’ that immediately follows the Related Controls: ‘‘Space-qualified’’ atomic * * * * * frequency standards defined in 3A002.g.1 ■ 119. In Supplement No. 1 to part 774 Category 3 (Systems, Equipment and are ‘‘subject to the ITAR’’ (see 22 CFR parts (the Commerce Control List), Category Components) heading. 120 through 130, including USML Category 2—Materials Processing, Export Control ■ 123. In Supplement No. 1 to part 774 XV). * * * Classification Number (ECCN) 2E001 is (the Commerce Control List), Category * * * * * amended by revising the heading to read 3—Electronics, Export Control ■ 125. In Supplement No. 1 to part 774 as follows: Classification Number (ECCN) 3A001 is (the Commerce Control List), Category amended: 3—Electronics, Export Control 2E001 ‘‘Technology’’ according to the ■ a. By revising the heading; Classification Number (ECCN) 3A003 is General Technology Note for the ■ ‘‘development’’ of equipment or b. By revising the ‘‘Related Controls’’ amended by adding quotes around the ‘‘software’’ controlled by 2A (except paragraph (1), the introductory text of term components in the heading. paragraph (2), and paragraph (2)(c) in 2A983, 2A984, 2A991, or 2A994), 2B ■ 126. In Supplement No. 1 to part 774 the List of Items Controlled section; and (except 2B991, 2B993, 2B996, 2B997, (the Commerce Control List), Category 2B998, or 2B999), or 2D (except 2D983, ■ c. By revising the introductory text to 2D984, 2D991, 2D992, or 2D994). ‘‘items’’ paragraphs c and d in the List 3—Electronics, Export Control Classification Number (ECCN) 3A101 is * * * * * of Items Controlled section to read as follows: amended: ■ 120. In Supplement No. 1 to part 774 ■ a. By revising the heading; and (the Commerce Control List), Category 3A001 Electronic components and ■ b. By revising ‘‘Related Controls’’ 2—Materials Processing, Export Control ‘‘specially designed’’ ‘‘components’’ paragraph in the List of Items Controlled Classification Number (ECCN) 2E002 is therefor, as follows (see List of Items section to read as follows: amended by revising the heading to read Controlled). * * * * * 3A101 Electronic equipment, devices, as follows: ‘‘parts’’ and ‘‘components,’’ other than 2E002 ‘‘Technology’’ according to the List of Items Controlled those controlled by 3A001, as follows General Technology Note for the * * * * * (see List of Items Controlled). ‘‘production’’ of equipment controlled Related Controls: (1) The following * * * * * by 2A (except 2A983, 2A984, 2A991, or commodities are ‘‘subject to the ITAR’’ List of Items Controlled 2A994) or 2B (except 2B991, 2B993, when ‘‘space qualified’’ and operating at 2B996, 2B997, 2B998, or 2B999). frequencies higher than 31.8 GHz: helix * * * * * * * * * * tubes (traveling wave tubes (TWT)) defined Related Controls: Items controlled in 3A101.a are ‘‘subject to the ITAR’’ (see 22 CFR parts ■ in 3A001.b.1.a.4.c; microwave solid state 121. In Supplement No. 1 to part 774 amplifiers defined in 3A001.b.4.b traveling 120 through 130). (the Commerce Control List), Category wave tube amplifiers (TWTA) defined in * * * * * 2—Materials Processing, Export Control 3A001.b.8; and derivatives thereof; (2) The ■ 127. In Supplement No. 1 to part 774 Classification Number (ECCN) 2E984 is following commodities are also ‘‘subject to amended by revising the ‘‘Related the ITAR (see 22 CFR parts 120 through (the Commerce Control List), Category 3—Electronics, Export Control Controls’’ paragraph (1) in the List of 130):’’ * * * (c) All specifically designed Classification Number (ECCN) 3A201 is Items Controlled section to read as or modified systems or subsystems, amended: follows: ‘‘parts,’’ ‘‘components,’’ accessories, attachments, and associated equipment ■ a. By revising the heading; 2E984 ‘‘Technology’’ ‘‘required’’ for the controlled by Category XV (e) of the USML. ■ b. By revising the Note to ‘‘items’’ ‘‘development,’’ ‘‘production’’ or ‘‘use’’ See also 3A101, 3A201, and 3A991. * * * paragraph c in the List of Items of equipment controlled by 2A984 or * * * * * Controlled section to read as follows: ‘‘required’’ for the ‘‘development’’ of Items: ‘‘software’’ controlled by 2D984. 3A201 Electronic ‘‘parts’’ and * * * * * ‘‘components,’’ other than those * * * * * c. Acoustic wave devices as follows and controlled by 3A001, as follows (see List List of Items Controlled ‘‘specially designed’’ ‘‘components’’ therefor: of Items Controlled). * * * * * * * * * * * * * * * d. Electronic devices and circuits Related Controls: (1) ‘‘Technology’’ List of Items Controlled ‘‘required’’ for the ‘‘development,’’ containing ‘‘components,’’ manufactured ‘‘production’’ or ‘‘use’’ of concealed object from ‘‘superconductive’’ materials, ‘‘specially * * * * * Items: detection equipment operating in the designed’’ for operation at temperatures frequency range from 30 GHz to 3000 GHz below the ‘‘critical temperature’’ of at least * * * * * and having a spatial resolution less than one of the ‘‘superconductive’’ constituents c. * * * 0.5 milliradian (a lower milliradian and having any of the following: Note: 3A201.c does not control accelerators number means a more accurate image * * * * * that are ‘‘parts’’ or ‘‘components’’ of devices

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designed for purposes other than electron ■ 132. In Supplement No. 1 to part 774 3A002.a.5, and ‘‘specially designed’’ beam or X-ray radiation (electron (the Commerce Control List), Category ‘‘parts’’ and ‘‘components’’ therefor. microscopy, for example) nor those designed 3—Electronics, Export Control * * * * * for medical purposes. Classification Number (ECCN) 3A230 is List of Items Controlled * * * * * amended by revising the ‘‘Related ■ 128. In Supplement No. 1 to part 774 Controls’’ paragraph in the List of Items * * * * * Items: (the Commerce Control List), Category Controlled section to read as follows: * * * * * 3—Electronics, Export Control 3A230 High-speed pulse generators having Classification Number (ECCN) 3A225 is both of the following characteristics (see Note: ‘‘Specially designed’’ ‘‘parts’’ and amended by revising the heading to read List of Items Controlled). ‘‘components’’ controlled by this item are the following, for analog oscilloscopes: as follows: * * * * * * * * * * 3A225 Frequency changers (also known as List of Items Controlled converters or inverters) or generators, ■ 136. In Supplement No. 1 to part 774 having all of the following * * * * * (the Commerce Control List), Category characteristics (see List of Items Related Controls: (1) See ECCNs 3E001 3—Electronics, Export Control (‘‘development’’ and ‘‘production’’) and Controlled), excluding items that are Classification Number (ECCN) 3A980 is subject to the export licensing authority 3E201 (‘‘use’’) for technology for items of the Nuclear Regulatory Commission controlled under this entry. (2) See ECCNs amended by revising the heading to read (see 10 CFR part 110). 3A002.d.1, 3A992.a and 3A999.d. as follows: * * * * * * * * * * 3A980 Voice print identification and analysis equipment and ‘‘specially ■ 129. In Supplement No. 1 to part 774 ■ 133. In Supplement No. 1 to part 774 designed’’ ‘‘components’’ therefor, n.e.s. (the Commerce Control List), Category (the Commerce Control List), Category * * * * * 3—Electronics, Export Control 3—Electronics, Export Control Classification Number (ECCN) 3A226 is Classification Number (ECCN) 3A232 is ■ 137. In Supplement No. 1 to part 774 amended by revising the heading to read amended by revising the ‘‘Related (the Commerce Control List), Category as follows: Controls’’ paragraph (3) in the List of 3—Electronics, Export Control 3A226 High-power direct current power Items Controlled section to read as Classification Number (ECCN) 3A981 is supplies having both of the following follows: amended by revising the heading to read characteristics (see List of Items as follows: 3A232 Detonators and multipoint initiation Controlled), excluding items that are systems, as follows (see List of Items 3A981 Polygraphs (except biomedical subject to the export licensing authority Controlled). recorders designed for use in medical of the Nuclear Regulatory Commission * * * * * facilities for monitoring biological and (see 10 CFR part 110). neurophysical responses); fingerprint * * * * * List of Items Controlled analyzers, cameras and equipment, ■ 130. In Supplement No. 1 to part 774 * * * * * n.e.s.; automated fingerprint and (the Commerce Control List), Category Related Controls: * * * (3) High explosives identification retrieval systems, n.e.s.; 3—Electronics, Export Control and related equipment for military use are psychological stress analysis equipment; Classification Number (ECCN) 3A227 is ‘‘subject to the ITAR’’ (see 22 CFR parts electronic monitoring restraint devices; 120 through 130). and ‘‘specially designed’’ ‘‘components’’ amended by revising the heading to read and ‘‘accessories’’ therefor, n.e.s. as follows: * * * * * * * * * * ■ 3A227 High-voltage direct current power 134. In Supplement No. 1 to part 774 ■ supplies, having both of the following 138. In Supplement No. 1 to part 774 (the Commerce Control List), Category (the Commerce Control List), Category characteristics (see List of Items 3—Electronics, Export Control Controlled), excluding items that are 3—Electronics, Export Control subject to the export licensing authority Classification Number (ECCN) 3A233 is Classification Number (ECCN) 3A982 is of the Nuclear Regulatory Commission amended by revising the heading to read amended by revising the heading to read (see 10 CFR part 110). as follows: as follows: * * * * * 3A233 Mass spectrometers, capable of 3A982 Microwave or millimeter wave ■ 131. In Supplement No. 1 to part 774 measuring ions of 230 atomic mass units components that operate at frequencies (the Commerce Control List), Category or greater and having a resolution of below those controlled by 3A001 as better than 2 parts in 230, and ion follows (see List of Items Controlled). 3—Electronics, Export Control sources therefor, excluding items that Classification Number (ECCN) 3A229 is are subject to the export licensing * * * * * amended by revising the ‘‘Related authority of the Nuclear Regulatory ■ 139. In Supplement No. 1 to part 774 Controls’’ paragraph (2) in the List of Commission (see 10 CFR part 110). (the Commerce Control List), Category Items Controlled section to read as * * * * * 3—Electronics, Export Control follows: ■ 135. In Supplement No. 1 to part 774 Classification Number (ECCN) 3A991 is 3A229 Firing sets and equivalent high- (the Commerce Control List), Category amended: current pulse generators (for detonators ■ 3—Electronics, Export Control a. By revising the heading; and controlled by 3A232), as follows (see ■ b. By revising the introductory text to List of Items Controlled). Classification Number (ECCN) 3A292 is amended: the ‘‘items’’ paragraph l in the List of * * * * * Items Controlled section to read as ■ a. By revising the heading; and List of Items Controlled follows: ■ b. By revising the introductory text to * * * * * 3A991 Electronic devices, and Related Controls: * * * (2) High explosives the Note at the end of the ‘‘items’’ ‘‘components’’ not controlled by 3A001. paragraph in the List of Items Controlled and related equipment for military use are * * * * * ‘‘subject to the ITAR’’ (see 22 CFR parts section to read as follows: 120 through 130). 3A292 Oscilloscopes and transient List of Items Controlled * * * * * recorders other than those controlled by * * * * *

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Items: Items Controlled section to read as ■ 145. In Supplement No. 1 to part 774 * * * * * follows: (the Commerce Control List), Category l. Circuits or systems for electromagnetic 3B991 Equipment not controlled by 3B001 3—Electronics, Export Control energy storage, containing ‘‘components’’ for the manufacture of electronic Classification Number (ECCN) 3D001 is manufactured from ‘‘superconductive’’ ‘‘parts,’’ ‘‘components’’ and materials amended by revising the introductory materials ‘‘specially designed’’ for operation (see List of Items Controlled), and text of ‘‘Related Controls’’ paragraph in at temperatures below the ‘‘critical ‘‘specially designed’’ ‘‘parts,’’ the List of Items Controlled section to temperature’’ of at least one of their ‘‘components’’ and ‘‘accessories’’ read as follows: ‘‘superconductive’’ constituents, having all of therefor. the following: 3D001 ‘‘Software’’ ‘‘specially designed’’ for * * * * * * * * * * the ‘‘development’’ or ‘‘production’’ of equipment controlled by 3A001.b to ■ List of Items Controlled 140. In Supplement No. 1 to part 774 3A002.g or 3B (except 3B991 and (the Commerce Control List), Category * * * * * 3B992). Items: 3—Electronics, Export Control * * * * * Classification Number (ECCN) 3A999 is * * * * * amended: a. Equipment ‘‘specially designed’’ for the List of Items Controlled ■ a. By revising the ‘‘Related Controls’’ manufacture of electron tubes, optical * * * * * paragraph in the List of Items Controlled elements and ‘‘specially designed’’ ‘‘parts’’ Related Controls: ‘‘Software’’ ‘‘specially and ‘‘components’’ therefor controlled by designed’’ for the ‘‘development’’ or section; and 3A001 or 3A991; ■ b. By revising ‘‘items’’ paragraph c in ‘‘production’’ of the following equipment the List of Items Controls section to read * * * * * is ‘‘subject to the ITAR’’ (see 22 CFR parts b.1. Equipment for the processing of 120 through 130): * * * as follows: materials for the manufacture of devices, * * * * * 3A999 Specific processing equipment, ‘‘parts’’ and ‘‘components’’ as specified in the n.e.s., as follows (see List of Items heading of 3B991.b, as follows: ■ 146. In Supplement No. 1 to part 774 Controlled). * * * * * (the Commerce Control List), Category * * * * * b.2. Masks, mask ‘‘substrates,’’ mask- 3—Electronics, Export Control making equipment and image transfer Classification Number (ECCN) 3D980 is List of Items Controlled equipment for the manufacture of devices, amended by revising the heading to read * * * * * ‘‘parts’’ and ‘‘components’’ as specified in the as follows: Related Controls: (1) See also 3A225 (for heading of 3B991, as follows: 3D980 ‘‘Software’’ ‘‘specially designed’’ for frequency changers capable of operating in * * * * * the frequency range of 600 Hz and above), the ‘‘development,’’ ‘‘production’’ or and 3A233. (2) Certain auxiliary systems, ■ 144. In Supplement No. 1 to part 774 ‘‘use’’ of commodities controlled by equipment, ‘‘parts’’ and ‘‘components’’ for (the Commerce Control List), Category 3A980 and 3A981. isotope separation plants, made of or 3—Electronics, Export Control * * * * * protected by UF6 resistant materials are Classification Number (ECCN) 3B992 is ■ subject to the export licensing authority of amended: 147. In Supplement No. 1 to part 774 the Nuclear Regulatory Commission (see 10 ■ a. By revising the heading; (the Commerce Control List), Category CFR part 110). ■ b. By revising ‘‘items’’ paragraph a in 3—Electronics, Export Control * * * * * the List of Items Controlled section; and Classification Number (ECCN) 3D991 is Items: ■ c. By revising paragraph 3 of the amended by revising the heading to read * * * * * ‘‘Notes’’ to ‘‘items’’ paragraph b.4.b in as follows: c. All flash x-ray machines, and ‘‘parts’’ or the List of Items Controlled section to 3D991 ‘‘Software’’ ‘‘specially designed’’ for ‘‘components’’ of pulsed power systems read as follows: the ‘‘development,’’ ‘‘production’’ or designed thereof, including Marx generators, ‘‘use’’ of electronic devices, ‘‘parts’’ or high power pulse shaping networks, high 3B992 Equipment not controlled by 3B002 ‘‘components’’ controlled by 3A991, voltage capacitors, and triggers; for the inspection or testing of electronic general purpose electronic equipment ‘‘components’’ and materials, (see List of controlled by 3A992, or manufacturing * * * * * Items Controlled) and ‘‘specially ■ and test equipment controlled by 3B991 141. In Supplement No. 1 to part 774 designed’’ ‘‘parts,’’ ‘‘components’’ and and 3B992; or ‘‘software’’ ‘‘specially (the Commerce Control List), Category ‘‘accessories’’ therefor. designed’’ for the ‘‘use’’ of equipment 3—Electronics, Export Control * * * * * controlled by 3B001.g and .h. Classification Number (ECCN) 3B001 is List of Items Controlled * * * * * amended by adding quotes around the term components in the heading. * * * * * ■ 148. In Supplement No. 1 to part 774 Items: ■ 142. In Supplement No. 1 to part 774 (the Commerce Control List), Category (the Commerce Control List), Category * * * * * 3—Electronics, Export Control a. Equipment ‘‘specially designed’’ for the 3—Electronics, Export Control Classification Number (ECCN) 3E001 is inspection or testing of electron tubes, optical amended: Classification Number (ECCN) 3B002 is elements and ‘‘specially designed’’ ‘‘parts’’ amended by adding quotes around the and ‘‘components’’ therefor controlled by ■ a. By revising the introductory text of term components in the heading. 3A001 or 3A991; ‘‘Related Controls’’ paragraph (2) in the ■ 143. In Supplement No. 1 to part 774 * * * * * List of Items Controlled section; and (the Commerce Control List), Category Notes: *** ■ b. By revising ‘‘Note 1’’ at the end of 3—Electronics, Export Control the ‘‘items’’ paragraph in the List of Classification Number (ECCN) 3B991 is * * * * * 3. Electronic ‘‘parts,’’ ‘‘components,’’ Items Controlled to read as follows: amended: ‘‘assemblies’’ and integrated circuits not 3E001 ‘‘Technology’’ according to the ■ a. By revising the heading; and controlled by 3A001 or 3A991 provided such General Technology Note for the ■ b. By revising ‘‘items’’ paragraph a test equipment does not incorporate ‘‘development’’ or ‘‘production’’ of and the introductory text of ‘‘items’’ computing facilities with ‘‘user accessible equipment or materials controlled by 3A paragraphs b.1 and b.2 in the List of programmability’’. (except 3A292, 3A980, 3A981, 3A991

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3A992, or 3A999), 3B (except 3B991 or amended by revising the heading to read therefor, exported separately or as part of 3B992) or 3C (except 3C992). as follows: a system. * * * * * 3E991 ‘‘Technology’’ for the * * * * * ■ List of Items Controlled ‘‘development,’’ ‘‘production’’ or ‘‘use’’ 155. In Supplement No. 1 to part 774 of electronic devices, ‘‘parts’’ or * * * * * (the Commerce Control List), Category ‘‘components’’ controlled by 3A991, 4—Computers, Export Control Related Controls: * * * (2) ‘‘Technology’’ general purpose electronic equipment according to the General Technology Note Classification Number (ECCN) 4A004 is controlled by 3A992, or manufacturing amended by adding quotes around for the ‘‘development’’ or ‘‘production’’ of and test equipment controlled by 3B991 the following commodities is ‘‘subject to or 3B992, or materials controlled by components in the heading. the ITAR’’ (see 22 CFR parts 120 through 3C992. ■ 156. In Supplement No. 1 to part 774 130): * * * * * * * * (the Commerce Control List), Category * * * * * ■ 4—Computers, Export Control Items: 153. In Supplement No. 1 to part 774 (the Commerce Control List), Category Classification Number (ECCN) 4A101 is * * * * * 4—Computers, Export Control amended by revising the ‘‘Note’’ to Note 1: 3E001 does not control Classification Number (ECCN) 4A001 is ‘‘items’’ paragraph b in the List of Items ‘‘technology’’ for the ‘‘production’’ of amended: Controlled section to read as follows: equipment or ‘‘components’’ controlled by ■ 3A003. a. By revising the heading; and 4A101 Analog computers, ‘‘digital ■ b. By revising ‘‘Related Controls’’ computers’’ or digital differential * * * * * paragraph in the List of Items Controlled analyzers, other than those controlled ■ 149. In Supplement No. 1 to part 774 section to read as follows: by 4A001 designed or modified for use (the Commerce Control List), Category in ‘‘missiles,’’ having any of the 4A001 Electronic computers and related following (see List of Items Controlled). 3—Electronics, Export Control equipment, having any of the following Classification Number (ECCN) 3E003 is (see List of Items Controlled), and * * * * * amended by revising ‘‘Related Controls’’ ‘‘electronic assemblies’’ and ‘‘specially List of Items Controlled paragraph (1) in the List of Items designed’’ ‘‘components’’ therefor. * * * * * Controlled section to read as follows: * * * * * Items: 3E003 Other ‘‘technology’’ for the List of Items Controlled * * * * * ‘‘development’’ or ‘‘production’’ of the * * * * * b. * * * following (see List of Items Controlled). Related Controls: See also 4A101 and 4A994. Note: ‘Radiation hardened’ means that the * * * * * See Category 5-Part 2 for electronic ‘‘part,’’ ‘‘component’’ or equipment is computers and related equipment designed or rated to withstand radiation List of Items Controlled performing or incorporating ‘‘information levels which meet or exceed a total * * * * * security’’ functions as the primary irradiation dose of 5 × 105 rads (Si). Related Controls: (1) Technology for the function. Equipment designed or rated for * * * * * ‘‘development’’ or ‘‘production’’ of ‘‘space transient ionizing radiation is ‘‘subject to ■ qualified’’ electronic vacuum tubes the ITAR’’ (see 22 CFR parts 120 through 157. In Supplement No. 1 to part 774 operating at frequencies of 31.8 GHz or 130). (the Commerce Control List), Category higher, described in 3E003.g, is ‘‘subject to * * * * * 4—Computers, Export Control the ITAR’’ (see 22 CFR parts 120 through Classification Number (ECCN) 4A102 is ■ 154. In Supplement No. 1 to part 774 130); * * * amended by revising the heading to read (the Commerce Control List), Category * * * * * as follows: 4—Computers, Export Control ■ 150. In Supplement No. 1 to part 774 Classification Number (ECCN) 4A003 is 4A102 ‘‘Hybrid computers’’ ‘‘specially (the Commerce Control List), Category amended: designed’’ for modelling, simulation or 3—Electronics, Export Control ■ a. By revising the heading; design integration of ‘‘missiles’’ or their Classification Number (ECCN) 3E980 is ■ b. By removing Note 2 at the end of subsystems. (These items are ‘‘subject to amended by revising the heading to read the ITAR.’’ See 22 CFR parts 120 the License Requirements section; through 130.) as follows: ■ c. By adding a Reporting * * * * * 3E980 ‘‘Technology’’ specially designed for Requirements section after the License ■ ‘‘development,’’ ‘‘production’’ or ‘‘use’’ Requirements section; and 158. In Supplement No. 1 to part 774 of commodities controlled by 3A980 and ■ d. By revising the License Exception (the Commerce Control List), Category 3A981. GBS paragraph in the License 4—Computers, Export Control * * * * * Exceptions section to read as follows: Classification Number (ECCN) 4A994 is amended: ■ 151. In Supplement No. 1 to part 774 4A003 ‘‘Digital computers,’’ ‘‘electronic ■ a. By revising the heading; and (the Commerce Control List), Category assemblies’’ and related equipment ■ b. By revising the introductory text to 3—Electronics, Export Control therefor, as follows (see List of Items ‘‘items’’ paragraphs a and k in the List Classification Number (ECCN) 3E982 is Controlled) and ‘‘specially designed’’ of Items Controlled section to read as amended by revising the heading to read ‘‘components’’ therefor. follows: as follows: * * * * * Reporting Requirements 4A994 Computers, ‘‘electronic assemblies’’ 3E982 ‘‘Technology’’ ‘‘require’’ for the and related equipment not controlled by ‘‘development’’ or ‘‘production’’ of Special Post Shipment Verification 4A001 or 4A003, and ‘‘specially microwave or millimeter wave ‘‘parts’’ reporting and recordkeeping requirements for designed’’ ‘‘parts’’ and ‘‘components’’ or ‘‘components’’ classified under ECCN exports of computers to destinations in therefor (see List of Items Controlled). 3A982. Computer Tier 3 may be found in § 743.2 of * * * * * * * * * * the EAR. ■ 152. In Supplement No. 1 to part 774 License Exceptions List of Items Controlled (the Commerce Control List), Category * * * * * * * * * * 3—Electronics, Export Control GBS: Yes, for 4A003.e, and .g and ‘‘specially Items: Classification Number (ECCN) 3E991 is designed’’ ‘‘parts’’ and ‘‘components’’ * * * * *

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a. Electronic computers and related ■ b. By revising ‘‘Related Controls’’ ‘‘Information Security,’’ Part 1— equipment, and ‘‘electronic assemblies’’ and paragraph in the List of Items Controlled Telecommunications, Export Control ‘‘specially designed’’ ‘‘parts’’ and section; Classification Number (ECCN) 5A991 is ‘‘components’’ therefor, rated for operation at ■ ° c. By revising the introductory text to amended: an ambient temperature above 343 K (70 C); ‘‘items’’ paragraph b, e, and f in the List ■ a. By revising the heading; * * * * * of Items Controlled section; and ■ b. By revising the ‘‘Related Controls’’ k. ‘‘Hybrid computers’’ and ‘‘electronic ■ d. By revising ‘‘items’’ paragraph d paragraph in the List of Items Controlled assemblies’’ and ‘‘specially designed’’ and the Note to paragraph d in the List section; ‘‘parts’’ and ‘‘components’’ therefor ■ c. By revising the introductory text to containing analog-to-digital converters of Items Controlled section to read as having all of the following characteristics: follows: ‘‘items’’ paragraphs b and c in the List 5A001 Telecommunications systems, of Items Controlled section; and * * * * * ■ d. By revising ‘‘items’’ paragraph c.1, ■ 159. In Supplement No. 1 to part 774 equipment, ‘‘components’’ and ‘‘accessories,’’ as follows (see List of f, g, and h in the List of Items Controlled (the Commerce Control List), Category Items Controlled). section to read as follows: 4—Computers, Export Control * * * * * Classification Number (ECCN) 4D001 is 5A991 Telecommunication equipment, not controlled by 5A001 (see List of Items List of Items Controlled amended by adding a Reporting Controlled). Requirements section after the License * * * * * * * * * * Requirements section to read as follows: Related Controls: (1) Telecommunications equipment defined in 5A001.a.1 through 4D001 ‘‘Software’’ as follows (see List of List of Items Controlled 5A001.a.3 for use on board satellites is Items Controlled). * * * * * ‘‘subject to the ITAR’’ (see 22 CFR parts Related Controls: (1) Telecommunication * * * * * 120 through 130). (2) Direction finding equipment defined in 5A991 for use on equipment defined in 5A001.e is ‘‘subject Reporting Requirements board satellites is ‘‘subject to the ITAR’’ to the ITAR’’ (see 22 CFR parts 120 through (see 22 CFR parts 120 through 130). (2) See See § 743.1 of the EAR for reporting 130). (3) See also 5A101 and 5A991. requirements for exports under License also 5E101 and 5E991. Exceptions, Special Comprehensive Licenses, * * * * * Items: * * * * * and Validated End-User authorizations. Items: * * * * * * * * * * b. Telecommunication systems and * * * * * ■ 160. In Supplement No. 1 to part 774 equipment, and ‘‘specially designed’’ b. Telecommunication transmission (the Commerce Control List), Category ‘‘components’’ and accessories therefor, equipment and systems, and ‘‘specially 4—Computers, Export Control having any of the following characteristics, designed’’ ‘‘parts,’’ ‘‘components’’ and Classification Number (ECCN) 4D980 is functions or features: ‘‘accessories’’ therefor, having any of the following characteristics, functions or amended by revising the heading to read * * * * * features: as follows: d. ‘‘Electronically steerable phased array antennas’’ operating above 31.8 GHz; * * * * * 4D980 ‘‘Software’’ ‘‘specially designed’’ for c. ‘‘Stored program controlled’’ switching Note: 5A001.d does not control the ‘‘development,’’ ‘‘production’’ or equipment and related signaling systems, ‘‘electronically steerable phased array ‘‘use’’ of commodities controlled by having any of the following characteristics, antennas’’ for landing systems with 4A980. functions or features, and ‘‘specially instruments meeting ICAO standards designed’’ ‘‘parts,’’ ‘‘components’’ and * * * * * covering Microwave Landing Systems (MLS). ■ ‘‘accessories’’ therefor: 161. In Supplement No. 1 to part 774 e. Radio direction finding equipment Note: *** (the Commerce Control List), Category operating at frequencies above 30 MHz and 4—Computers, Export Control having all of the following, and ‘‘specially c.1. ‘‘Data (message) switching’’ equipment Classification Number (ECCN) 4E980 is designed’’ ‘‘components’’ therefor: or systems designed for ‘‘packet-mode amended by revising the heading to read operation’’ and ‘‘parts,’’ electronic assemblies * * * * * and ‘‘components’’ therefor, n.e.s. as follows: f. Mobile telecommunications interception or jamming equipment, and monitoring * * * * * 4E980 ‘‘Technology’’ for the f. Phased array antennas, operating above ‘‘development,’’ ‘‘production’’ or ‘‘use’’ equipment therefor, as follows, and ‘‘specially designed’’ ‘‘components’’ therefor: 10.5 GHz, containing active elements and of commodities controlled by 4A980. * * * * * distributed ‘‘parts’’ or ‘‘components,’’ and * * * * * designed to permit electronic control of beam ■ ■ 162. In Supplement No. 1 to part 774 164. In Supplement No. 1 to part 774 shaping and pointing, except for landing (the Commerce Control List), Category (the Commerce Control List), Category systems with instruments meeting 5—Telecommunications and 5—Telecommunications and International Civil Aviation Organization ‘‘Information Security,’’ Part 1 (ICAO) standards (microwave landing ‘‘Information Security,’’ Part 1— systems (MLS)). Telecommunications is amended by Telecommunications, Export Control Classification Number (ECCN) 5A980 is g. Mobile communications equipment, adding quotes around the term n.e.s., and ‘‘parts,’’ electronic assemblies and components in the introductory text of amended by revising the heading to read as follows: ‘‘components’’ therefor; or Note 1, the N.B.2 and Note 2 that h. Radio relay communications equipment immediately follows the Category 5 Part 5A980 Devices primarily useful for the designed for use at frequencies equal to or 1—Telecommunications heading. surreptitious interception of wire, oral, exceeding 19.7 GHz and ‘‘parts’’ and ■ 163. In Supplement No. 1 to part 774 or electronic communications, other ‘‘components’’ therefor, n.e.s. than those controlled under 5A001.i; ■ (the Commerce Control List), Category and ‘‘parts,’’ ‘‘components’’ and 166. In Supplement No. 1 to part 774 5—Telecommunications and ‘‘accessories’’ therefor. (the Commerce Control List), Category ‘‘Information Security,’’ Part 1— 5—Telecommunications and Telecommunications, Export Control * * * * * ‘‘Information Security,’’ Part 1— Classification Number (ECCN) 5A001 is ■ 165. In Supplement No. 1 to part 774 Telecommunications, Export Control amended: (the Commerce Control List), Category Classification Number (ECCN) 5B001 is ■ a. By revising the heading; 5—Telecommunications and amended:

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■ a. By revising the heading; 5D101 ‘‘Software’’ ‘‘specially designed’’ or one of the ‘‘superconductive’’ constituents ■ b. By revising the Special Conditions modified for the ‘‘use’’ of equipment and having any of the following: controlled by 5A101. for License Exception STA paragraph * * * * * section; and * * * * * ■ 171. In Supplement No. 1 to part 774 ■ ■ c. By revising the introductory text to 169. In Supplement No. 1 to part 774 (the Commerce Control List), Category ‘‘items’’ paragraph a and b in the List of (the Commerce Control List), Category 5—Telecommunications and Items Controlled section to read as 5—Telecommunications and ‘‘Information Security,’’ Part 2— follows: ‘‘Information Security,’’ Part 1— Information Security, Export Control Telecommunications, Export Control Classification Number (ECCN) 5A002 is 5B001 Telecommunication test, inspection Classification Number (ECCN) 5D991 is amended: and production equipment, amended by revising the heading to read ■ a. By revising the heading: ‘‘components’’ and ‘‘accessories,’’ as ■ b. By revising the License Exception follows (see List of Items Controlled). as follows: LVS paragraph in the License * * * * * 5D991 ‘‘Software’’ ‘‘specially designed’’ or modified for the ‘‘development,’’ Exceptions section; and STA: License Exception STA may not be ■ ‘‘production’’ or ‘‘use’’ of equipment c. By revising the introductory text to used to ship 5B001.a equipment and ‘‘items’’ paragraph a in the List of Items ‘‘specially designed’’ ‘‘components’’ or controlled by 5A991 and 5B991, and ‘‘accessories’’ therefor, ‘‘specially dynamic adaptive routing software as Controlled section to read as follows: designed’’ for the ‘‘development,’’ or described as follows (see List of Items 5A002 ‘‘Information security’’ systems, ‘‘production’’ of equipment, functions or Controlled). equipment ‘‘components’’ therefor, as features specified by in ECCN 5A001.b.3, * * * * * follows (see List of Items Controlled). .b.5 or .h to any of the eight destinations ■ 170. In Supplement No. 1 to part 774 * * * * * listed in § 740.20(c)(2) of the EAR. (the Commerce Control List), Category License Exceptions List of Items Controlled 5—Telecommunications and LVS: Yes: $500 for ‘‘components’’. N/A for * * * * * ‘‘Information Security,’’ Part 1— systems and equipment. Items: Telecommunications, Export Control * * * * * a. Equipment and ‘‘specially designed’’ Classification Number (ECCN) 5E001 is ‘‘components’’ or ‘‘accessories’’ therefor, amended: List of Items Controlled ‘‘specially designed’’ for the ‘‘development,’’ ■ a. By revising the introductory text of * * * * * or ‘‘production’’ of equipment, functions or the License Exception TSR paragraph in Items: features, controlled by 5A001. the License Exceptions section; * * * * * * * * * * ■ b. By revising ‘‘Related Controls’’ a. Systems, equipment, application specific b. Equipment and ‘‘specially designed’’ paragraph in the List of Items Controlled ‘‘electronic assemblies,’’ modules and components or ‘‘accessories’’ therefor, section; and integrated circuits for ‘‘information security,’’ ‘‘specially designed’’ for the ‘‘development’’ ■ c. By revising the introductory text to as follows, and ‘‘components’’ therefor of any of the following telecommunication ‘‘items’’ paragraph e in the list of Items ‘‘specially designed’’ for ‘‘information transmission or switching equipment: Controlled section to read as follows: security’’: * * * * * * * * * * 5E001 ‘‘Technology’’ as follows (see List of ■ 167. In Supplement No. 1 to part 774 Items Controlled). ■ 172. In Supplement No. 1 to part 774 (the Commerce Control List), Category * * * * * (the Commerce Control List), Category 5—Telecommunications and 5—Telecommunications and ‘‘Information Security,’’ Part 1— License Exceptions ‘‘Information Security,’’ Part 2— Telecommunications, Export Control * * * * * Information Security, Export Control Classification Number (ECCN) 5D001 is TSR: Yes, except for exports and reexports to Classification Number (ECCN) 5A992 is amended by revising the License destinations outside of those countries amended by revising the heading and Exception TSR paragraph in the License listed in Country Group A:5 (See the ‘‘items’’ paragraph b in the List of Supplement No. 1 to part 740 of the EAR) Items Controlled section to read as Exceptions section to read as follows: of ‘‘technology’’ controlled by 5E001.a for 5D001 ‘‘Software’’ as follows (see List of the ‘‘development’’ or ‘‘production’’ of the follows: Items Controlled). following: 5A992 Equipment not controlled by 5A002 * * * * * * * * * * (see List of Items Controlled). * * * * * License Exceptions List of Items Controlled * * * * * * * * * * List of Items Controlled TSR: Yes, except for exports and reexports to Related Controls: (1) Technology defined in * * * * * destinations outside of those countries 5E001.b.1, 5E001.b.2, 5E001.b.4, or 5E001.c Items: listed in Country Group A:5 (See for use on board satellites is ‘‘subject to * * * * * Supplement No. 1 to part 740 of the EAR) ITAR’’ (see 22 CFR parts 120 through 130). b. ‘‘Information security’’ equipment, of ‘‘software’’ controlled by 5D001.a and (2) See also 5E101, 5E980 and 5E991. n.e.s., (e.g., cryptographic, cryptanalytic, and ‘‘specially designed’’ for items controlled * * * * * cryptologic equipment, n.e.s.) and by 5A001.b.5 and 5A001.h. Items: ‘‘components’’ therefor. * * * * * * * * * * * * * * * ■ 168. In Supplement No. 1 to part 774 e. ‘‘Technology’’ according to the General ■ 173. In Supplement No. 1 to part 774 (the Commerce Control List), Category Technology Note for the ‘‘development’’ or (the Commerce Control List), Category 5—Telecommunications and ‘‘production’’ of electronic devices and 5—Telecommunications and circuits, ‘‘specially designed’’ for ‘‘Information Security,’’ Part 1— telecommunications and containing ‘‘Information Security,’’ Part 2— Telecommunications, Export Control ‘‘components’’ manufactured from Information Security, Export Control Classification Number (ECCN) 5D101 is ‘‘superconductive’’ materials, ‘‘specially Classification Number (ECCN) 5D992 is amended by revising the heading to read designed’’ for operation at temperatures amended by revising the heading to read as follows: below the ‘‘critical temperature’’ of at least as follows:

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5D992 ‘‘Information Security’’ ‘‘software’’ jurisdiction determination indicating the ■ d. By revising the introductory text of not controlled by 5D002 as follows (see commodity is subject to the EAR. (2) See paragraph b in the List of Items List of Items Controlled). also 6A102, 6A202, and 6A992. Controlled section; * * * * * * * * * * ■ e. By revising the introductory text of ■ 174. In Supplement No. 1 to part 774 Items: paragraph c in the List of Items (the Commerce Control List), Category * * * * * Controlled section; and ■ 5—Telecommunications and a. ***** f. By revising paragraphs c.1, c.4, and ‘‘Information Security,’’ Part 2— a.2. Image intensifier tubes and ‘‘specially d.1 in the List of Items Controlled designed’’ ‘‘components’’ therefor, as follows: Information Security, Export Control section to read as follows: Classification Number (ECCN) 5E992 is * * * * * 6A004 Optical equipment and components, amended by revising the heading to read a.2.c. ‘‘Specially designed’’ ‘‘components,’’ as follows (see List of Items Controlled). as follows: as follows: * * * * * * * * * * 5E992 ‘‘Information Security’’ d. Special support ‘‘components’’ for List of Items Controlled ‘‘technology’’ according to the General optical sensors, as follows: * * * * * Technology Note, not controlled by Related Controls: * * * (2) ‘‘Space qualified’’ 5E002, as follows (see List of Items * * * * * ‘‘parts’’ and ‘‘components’’ for optical Controlled). ■ 177. In Supplement No. 1 to part 774 systems defined in 6A004.c and optical ■ 175. In Supplement No. 1 to part 774 (the Commerce Control List), Category control equipment defined in 6A004.d.1 (the Commerce Control List), Category 6—Sensors and Lasers, Export Control are ‘‘subject to the ITAR’’ (see 22 CFR parts 6—Sensors and Lasers, Export Control Classification Number (ECCN) 6A003 is 120 through 130). * * * Classification Number (ECCN) 6A001 is Related Definitions: *** amended: Items: amended by adding quotes around the ■ a. By revising the heading: term components in the heading and in ■ b. By removing the License * * * * * the introductory text to ‘‘items’’ Requirement Notes section; a.1. ‘‘Deformable mirrors’’ having either ■ c. By adding a Reporting continuous or multi element surfaces, and paragraph a, a.1, a.1.d, and a.2 and the ‘‘specially designed’’ ‘‘components’’ therefor, ‘‘Note’’ to a.2.f in the List of Items Requirements section after the License capable of dynamically repositioning Controlled section. Requirements section; and portions of the surface of the mirror at rates ■ ■ 176. In Supplement No. 1 to part 774 d. By revising the introductory text to exceeding 100 Hz; ‘‘items’’ paragraph a in the List of Items (the Commerce Control List), Category * * * * * 6—Sensors and Lasers, Export Control Controlled section to read as follows: b. Optical ‘‘components’’ made from zinc Classification Number (ECCN) 6A002 is 6A003 Cameras, systems or equipment, selenide (ZnSe) or zinc sulphide (ZnS) with amended: and ‘‘components’’ therefor, as follows transmission in the wavelength range ■ a. By revising the heading; (see List of Items Controlled). exceeding 3,000 nm but not exceeding 25,000 ■ b. By revising the Special Conditions * * * * * nm and having any of the following: for License Exception STA section; and * * * * * ■ c. By revising the ‘‘Related Controls’’ Reporting Requirements c. ‘‘Space-qualified’’ ‘‘components’’ for paragraph in the List of Items Controlled See § 743.3 of the EAR for thermal camera optical systems, as follows: section; and reporting for exports that are not authorized c.1. ‘‘Components’’ lightweighted to less ■ d. By revising the introductory text to by an individually validated license of than 20% ‘‘equivalent density’’ compared with a solid blank of the same aperture and ‘‘items’’ paragraphs a.2, a.2.c and d in thermal imaging cameras controlled by ECCN 6A003.b.4.b to Albania, Australia, Austria, thickness; the List of Items Controlled section to Belgium, Bulgaria, Croatia, Cyprus, Czech read as follows: * * * * * Republic, Denmark, Estonia, Finland, France, c.4. ‘‘Components manufactured from 6A002 Optical sensors and equipment, and Germany, Greece, Hungary, Iceland, Ireland, ‘‘composite’’ materials having a coefficient of ‘‘components’’ therefor, as follows (see Italy, Japan, Latvia, Lithuania, Luxembourg, linear thermal expansion equal to or less than List of Items Controlled). Malta, the Netherlands, New Zealand, 5 x 10¥6 in any coordinate direction; * * * * * Norway, Poland, Portugal, Romania, * * * * * Slovakia, Slovenia, South Africa, South STA: License Exception STA may not be d.1. Equipment ‘‘specially designed’’ to Korea, Spain, Sweden, Switzerland, Turkey, used to ship to any of the eight maintain the surface figure or orientation of or the United Kingdom, must be reported to destinations listed in § 740.20(c)(2) of the the ‘‘space-qualified’’ ‘‘components’’ BIS. EAR any commodity in: 6A002.a.1.a or .b. controlled by 6A004.c.1 or 6A004.c.3; * * * * * * * * * * * * * * * ■ List of Items Controlled List of Items Controlled 179. In Supplement No. 1 to part 774 (the Commerce Control List), Category * * * * * * * * * * Related Controls: (1) The following Items: 6—Sensors and Lasers, Export Control commodities are ‘‘subject to the ITAR’’ (see a. Instrumentation cameras and ‘‘specially Classification Number (ECCN) 6A005 is 22 CFR parts 120 through 130): (a) ‘‘Image designed’’ ‘‘components’’ therefor, as follows: amended: intensifiers’’ defined in 6A002.a.2 and * * * * * ■ a. By revising the heading; ‘‘focal plane arrays’’ defined in 6A002.a.3 ■ 178. In Supplement No. 1 to part 774 ■ b. By revising the ‘‘Related Controls’’ ‘‘specially designed,’’ modified, or (the Commerce Control List), Category paragraph (6) in the List of Items configured for military use and not part of 6—Sensors and Lasers, Export Control Controlled section; civil equipment; (b) ‘‘Space qualified’’ Classification Number (ECCN) 6A004 is ■ c. By revising the ‘‘Note’’ to ‘‘items’’ solid-state detectors defined in 6A002.a.1, amended: paragraph a.6.b in the List of Items ‘‘space qualified’’ imaging sensors (e.g., ■ Controlled section; and ‘‘monospectral imaging sensors’’ and a. By revising the heading; ■ b. By revising the ‘‘Related Controls’’ ■ d. By revising ‘‘items’’ paragraphs e ‘‘multispectral imaging sensors’’) defined and f.3 in the List of Items Controlled in 6A002.b.2.b.1, and ‘‘space qualified’’ paragraph (2) in the List of Items cryocoolers defined in 6A002.d.1, unless, Controlled section; and section to read as follows: on or after September 23, 2002, the ■ c. By revising ‘‘items’’ paragraph a.1 6A005 ‘‘Lasers,’’ ‘‘components’’ and optical Department of State issues a commodity in the List of Items Controlled section; equipment, as follows (see List of Items

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Controlled), excluding items that are (see List of Items Controlled), and amended by revising the ‘‘Related subject to the export licensing authority ‘‘specially designed’’ ‘‘components’’ Controls’’ paragraph (2) in the List of of the Nuclear Regulatory Commission therefor. Items Controlled section to read as (see 10 CFR part 110). * * * * * follows: * * * * * List of Items Controlled 6A108 Radar systems and tracking List of Items Controlled * * * * * systems, other than those controlled by * * * * * Items: 6A008, as follows (see List of Items Controlled). Related Controls: * * * (6) Shared aperture Note: 6A008 does not control: optical elements, capable of operating in * * * * * ‘‘super-high power laser’’ applications, and —Secondary surveillance radar (SSR); ‘‘lasers’’ specifically designed, modified, or —Civil Automotive Radar; List of Items Controlled configured for military application are —Displays or monitors used for air traffic * * * * * ‘‘subject to ITAR’’ (see 22 CFR parts 120 control (ATC); Related Controls: * * * (2) Items in 6A108.a through 130). —Meteorological (weather) radar; that are ‘‘specially designed’’ or modified —Precision Approach Radar (PAR) for ‘‘missiles’’ or for items on the U.S. * * * * * equipment conforming to ICAO standards Items: Munitions List are ‘‘subject to the ITAR’’ and employing electronically steerable (see 22 CFR parts 120 through 130). * * * * * linear (1-dimensional) arrays or a.6.b.2. * * *TM mechanically positioned passive antennas. * * * * * ■ Note: 6A005.a.6.b does not control * * * * * 185. In Supplement No. 1 to part 774 multiple transverse mode, industrial ‘‘lasers’’ ■ e. Incorporating electronically (the Commerce Control List), Category with output power exceeding 2kW and not steerable array antennas; 6—Sensors and Lasers, Export Control exceeding 6 kW with a total mass greater Classification Number (ECCN) 6A203 is than 1,200 kg. For the purpose of this note, * * * * * ■ 182. In Supplement No. 1 to part 774 amended: total mass includes all ‘‘components’’ ■ (the Commerce Control List), Category a. By revising the heading; and required to operate the ‘‘laser,’’ e.g., ‘‘laser,’’ ■ power supply, heat exchanger, but excludes 6—Sensors and Lasers, Export Control b. By revising the introductory text to external optics for beam conditioning and/or Classification Number (ECCN) 6A103 is ‘‘items’’ paragraph a and the Note to delivery. amended by revising the heading to read paragraph a in the List of Items Controlled section to read as follows: * * * * * as follows: e. ‘‘Components’’ as follows: 6A103 Radomes designed to withstand a 6A203 Cameras and ‘‘parts’’ and e.1. Mirrors cooled either by ‘active combined thermal shock greater than ‘‘components,’’ other than those cooling’ or by heat pipe cooling; 100 cal/sq cm accompanied by a peak controlled by 6A003, as follows (see List of Items Controlled). Technical Note: Active cooling is a cooling over pressure of greater than 50 kPa, technique for optical ‘‘components’’ using usable in protecting ‘‘missiles’’ against * * * * * flowing fluids within the subsurface nuclear effects (e.g., Electromagnetic List of Items Controlled (nominally less than 1 mm below the optical Pulse (EMP), X-rays, combined blast and surface) of the optical component to remove thermal effects), and usable for * * * * * heat from the optic. ‘‘missiles’’. (These items are ‘‘subject to Items: the ITAR.’’ See 22 CFR parts 120 e.2. Optical mirrors or transmissive or * * * * * through 130.) partially transmissive optical or electro- a. Mechanical rotating mirror cameras, as optical-‘‘components,’’ ‘‘specially designed’’ * * * * * follows, and ‘‘specially designed’’ ‘‘parts’’ for use with controlled ‘‘lasers’’; ■ 183. In Supplement No. 1 to part 774 and ‘‘components’’ therefor: * * * * * (the Commerce Control List), Category * * * * * f.3. Optical equipment, and ‘‘components,’’ 6—Sensors and Lasers, Export Control Note: ‘‘Parts’’ and ‘‘components’’ of ‘‘specially designed’’ for a phased array Classification Number (ECCN) 6A107 is cameras controlled by 6A203.a include their ‘‘SHPL’’ system for coherent beam amended: synchronizing electronics units and rotor combination to an accuracy of l/10 at the ■ a. By revising the heading; and assemblies consisting of turbines, mirrors designed wavelength, or 0.1 mm, whichever ■ b. By revising ‘‘items’’ paragraph b in and bearings. is the smaller; the List of Items Controlled section to * * * * * * * * * * read as follows: ■ ■ 186. In Supplement No. 1 to part 774 180. In Supplement No. 1 to part 774 6A107 Gravity meters (gravimeters) and (the Commerce Control List), Category (the Commerce Control List), Category ‘‘specially designed’’ ‘‘parts’’ and 6—Sensors and Lasers, Export Control 6—Sensors and Lasers, Export Control ‘‘components’’ for gravity meters and Classification Number (ECCN) 6A006 is gravity gradiometers, as follows (see List Classification Number (ECCN) 6A205 is amended by adding quotes around the of Items Controlled). amended by revising the heading to read as follows: term components in the heading. * * * * * ■ 181. In Supplement No. 1 to part 774 6A205 ‘‘Lasers,’’ ‘‘laser’’ amplifiers and (the Commerce Control List), Category List of Items Controlled oscillators, other than those controlled 6—Sensors and Lasers, Export Control * * * * * by 6A005 (see List of Items Controlled), Classification Number (ECCN) 6A008 is Items: excluding items that are subject to the amended: * * * * * export licensing authority of the Nuclear ■ a. By revising the heading; b. ‘‘Specially designed’’ ‘‘parts’’ and Regulatory Commission (see 10 CFR ■ b. By revising the Note to the ‘‘items’’ ‘‘components’’ for gravity meters controlled part 110). paragraph in the List of Items Controlled in 6A007.b or 6A107.a and gravity * * * * * section; and gradiometers controlled in 6A007.c. ■ 187. In Supplement No. 1 to part 774 ■ c. By revising ‘‘items’’ paragraph e in * * * * * (the Commerce Control List), Category the List of Items Controlled section to ■ 184. In Supplement No. 1 to part 774 6—Sensors and Lasers, Export Control read as follows: (the Commerce Control List), Category Classification Number (ECCN) 6A991 is 6A008 Radar systems, equipment and 6—Sensors and Lasers, Export Control amended by revising the heading to read assemblies, having any of the following Classification Number (ECCN) 6A108 is as follows:

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6A991 Marine or terrestrial acoustic 6—Sensors and Lasers, Export Control 6B995 ‘‘Specially designed’’ or modified equipment, n.e.s., capable of detecting or Classification Number (ECCN) 6A996 is equipment (see List of Items Controlled), locating underwater objects or features amended: including tools, dies, fixtures or gauges, or positioning surface vessels or ■ and other ‘‘specially designed’’ ‘‘parts,’’ underwater vehicles; and ‘‘specially a. By revising the heading; and ‘‘components’’ and ‘‘accessories’’ designed’’ ‘‘parts’’ and ‘‘components,’’ ■ b. By revising the introductory text to therefor as follows (see List of Items n.e.s. ‘‘items’’ paragraph b in the List of Items Controlled). * * * * * Controlled section to read as follows: * * * * * ■ 188. In Supplement No. 1 to part 774 6A996 ‘‘Magnetometers’’ not controlled by ■ 196. In Supplement No. 1 to part 774 (the Commerce Control List), Category ECCN 6A006, ‘‘Superconductive’’ (the Commerce Control List), Category 6—Sensors and Lasers, Export Control electromagnetic sensors, and ‘‘specially 6—Sensors and Lasers, Export Control Classification Number (ECCN) 6A992 is designed’’ ‘‘components’’ therefor, as follows (see List of Items Controlled). Classification Number (ECCN) 6C992 is amended: amended by revising the heading to read ■ a. By revising the heading; and * * * * * as follows: ■ b. By revising the introductory text to List of Items Controlled ‘‘items’’ paragraph a in the List of Items 6C992 Optical sensing fibers not controlled * * * * * by 6A002.d.3 that are modified Controlled section to read as follows: Items: structurally to have a ‘beat length’ of 6A992 Optical Sensors, not controlled by * * * * * less than 500 mm (high birefringence) or 6A002, as follows (see List of Items b. ‘‘Superconductive’’ electromagnetic optical sensor materials not described in Controlled). sensors, ‘‘components’’ manufactured from 6C002.b and having a zinc content of * * * * * ‘‘superconductive’’ materials: equal to or more than 6% by ‘mole fraction.’ List of Items Controlled * * * * * * * * * * * * * * * ■ 192. In Supplement No. 1 to part 774 ■ 197. In Supplement No. 1 to part 774 Items: (the Commerce Control List), Category (the Commerce Control List), Category * * * * * 6—Sensors and Lasers, Export Control 6—Sensors and Lasers, Export Control a. Image intensifier tubes and ‘‘specially Classification Number (ECCN) 6A997 is Classification Number (ECCN) 6C994 is designed’’ ‘‘components’’ therefor, as follows: amended by revising the heading to read amended by revising the heading to read * * * * * as follows: as follows: ■ 189. In Supplement No. 1 to part 774 6A997 Gravity meters (gravimeters) for 6C994 Optical materials, as follows (see (the Commerce Control List), Category ground use, n.e.s., as follows (see List of List of Items Controlled). 6—Sensors and Lasers, Export Control Items Controlled). Classification Number (ECCN) 6A994 is * * * * * * * * * * amended by revising the heading to read ■ 198. In Supplement No. 1 to part 774 ■ 193. In Supplement No. 1 to part 774 as follows: (the Commerce Control List), Category (the Commerce Control List), Category 6—Sensors and Lasers, Export Control 6A994 Optics, not controlled by 6A004, as 6—Sensors and Lasers, Export Control Classification Number (ECCN) 6D001 is follows (see List of Items Controlled). Classification Number (ECCN) 6A998 is * * * * * amended: amended: ■ a. By revising the License Exception ■ ■ 190. In Supplement No. 1 to part 774 a. By revising the heading; and TSR paragraph (3) in the License (the Commerce Control List), Category ■ b. By revising ‘‘items’’ paragraph a in Exceptions section; and 6—Sensors and Lasers, Export Control the List of Items Controlled section to ■ b. By revising the ‘‘Related Controls’’ Classification Number (ECCN) 6A995 is read as follows: paragraph in the List of Items Controlled amended: 6A998 Radar systems, equipment and section to read as follows: ■ a. By revising the heading; and ■ ‘‘major components’’ n.e.s., and 6D001 ‘‘Software’’ ‘‘specially designed’’ for b. By revising the ‘‘Note’’ following ‘‘specially designed’’ ‘‘components’’ ‘‘items’’ paragraph e.2.b in the List of the ‘‘development’’ or ‘‘production’’ of therefor, as follows (see List of Items equipment controlled by 6A004, 6A005, Items Controlled section to read as Controlled). follows: 6A008 or 6B008. * * * * * * * * * * 6A995 ‘‘Lasers’’ as follows (see List of Items Controlled). List of Items Controlled License Exceptions * * * * * * * * * * CIV: *** Items: TSR: *** List of Items Controlled * * * * * (3) Exports or reexports to destinations * * * * * a. Airborne radar equipment, n.e.s., and outside of those countries listed in Country Items: ‘‘specially designed’’ ‘‘components’’ therefor. Group A:5 (See Supplement No. 1 to part 740 * * * * * * * * * * of the EAR) of ‘‘software’’ ‘‘specially designed’’ for the ‘‘development’’ or e.2.b. * * * ■ 194. In Supplement No. 1 to part 774 ‘‘production’’ of equipment controlled by Note: 6A995.e.2.b does not control (the Commerce Control List), Category multiple transverse mode, industrial ‘‘lasers’’ 6A004.c or d, 6A008.d, h, k or 6B008. with output power less than or equal to 2kW 6—Sensors and Lasers, Export Control * * * * * with a total mass greater than 1,200kg. For Classification Number (ECCN) 6B008 is List of Items Controlled the purpose of this note, total mass includes amended by adding quotes around the all ‘‘components’’ required to operate the term components in the heading. * * * * * ‘‘laser,’’ e.g., ‘‘laser,’’ power supply, heat ■ 195. In Supplement No. 1 to part 774 Related Controls: (1) ‘‘Software’’ ‘‘specially designed’’ for the ‘‘development’’ or exchanger, but excludes external optics for (the Commerce Control List), Category beam conditioning and/or delivery. ‘‘production’’ of ‘‘space qualified’’ ‘‘parts’’ 6—Sensors and Lasers, Export Control and ‘‘components’’ for optical systems * * * * * Classification Number (ECCN) 6B995 is defined in 6A004.c and ‘‘space qualified’’ ■ 191. In Supplement No. 1 to part 774 amended by revising the heading to read optical control equipment defined in (the Commerce Control List), Category as follows: 6A004.d.1 is ‘‘subject to the ITAR’’ (see 22

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CFR parts 120 through 130). (2) See also Category 6—Sensors and Lasers, Export ■ a. By removing the term ‘‘equipment’’ 6D991, and ECCN 6E001 (‘‘development’’) Control Classification Number (ECCN) and adding in its place the term ‘‘items’’ for ‘‘technology’’ for items controlled 6D993 is amended by revising the in the ‘‘NP’’ and ‘‘RS’’ paragraphs in the under this entry. heading to read as follows: License Requirements section; * * * * * 6D993 Other ‘‘software,’’ not controlled by ■ b. By revising the License Exception ■ 199. In Supplement No. 1 to part 774 6D003, as follows (see List of Items TSR paragraph (3) introductory text in (the Commerce Control List), Category Controlled). the License Exceptions section; and 6—Sensors and Lasers, Export Control * * * * * Classification Number (ECCN) 6D002 is ■ c. By revising the ‘‘Related Controls’’ ■ amended by revising the ‘‘Related 204. In Supplement No. 1 to part 774 paragraph in the List of Items Controlled Controls’’ paragraph in the List of Items (the Commerce Control List), Category section to read as follows: 6—Sensors and Lasers, Export Control Controlled section to read as follows: 6E002 ‘‘Technology’’ according to the Classification Number (ECCN) 6E001 is 6D002 ‘‘Software’’ ‘‘specially designed’’ General Technology Note for the amended: ‘‘production’’ of equipment or materials for the ‘‘use’’ of equipment controlled by ■ a. By removing the term ‘‘equipment’’ 6A002.b, 6A008 or 6B008. controlled by 6A (except 6A991, 6A992, and adding in its place the term ‘‘items’’ 6A994, 6A995, 6A996, 6A997 or 6A998), * * * * * in the ‘‘NP’’ and ‘‘RS’’ paragraphs in the 6B (except 6B995) or 6C (except 6C992 List of Items Controlled License Requirements section; or 6C994). * * * * * ■ b. By revising the License Exception * * * * * Related Controls: (1) ‘‘Software’’ ‘‘specially TSR paragraph (4) introductory text in License Exceptions designed’’ for the ‘‘use’’ of ‘‘space the License Exceptions section; and qualified’’ imaging sensors (e.g., ■ c. By revising the ‘‘Related Controls’’ * * * * * ‘‘monospectral imaging sensors’’ and paragraph in the List of Items Controlled TSR: *** ‘‘multispectral imaging sensors’’) defined section to read as follows: (3) Exports or reexports to destinations in 6A002.b.2.b.1 is ‘‘subject to the ITAR’’ outside of those countries listed in Country (see 22 CFR parts 120 through 130), unless, 6E001 ‘‘Technology’’ according to the Group A:5 (See Supplement No. 1 to part 740 on or after September 23, 2002, the General Technology Note for the of the EAR) of ‘‘technology’’ for the Department of State issues a commodity ‘‘development’’ of equipment, materials ‘‘development’’ of the following: jurisdiction determination indicating the or ‘‘software’’ controlled by 6A (except * * * * * ‘‘software’’ is subject to the EAR. (2) 6A991, 6A992, 6A994, 6A995, 6A996, ‘‘Software’’ ‘‘specially designed’’ for the 6A997, or 6A998), 6B (except 6B995), 6C List of Items Controlled ‘‘use’’ of ‘‘space qualified’’ LIDAR (except 6C992 or 6C994) or 6D (except * * * * * equipment ‘‘specially designed’’ for 6D991, 6D992, or 6D993). Related Controls: (1) ‘‘Technology’’ according surveying or for meteorological * * * * * to the General Technology Note for the observation, released from control under ‘‘production’’ of the following commodities the note in 6A008.j, is controlled in 6D991. License Exceptions is ‘‘subject to the ITAR’’ (see 22 CFR parts (3) See also 6D102, 6D991, and 6D992. * * * * * 120 through 130) when intended for use on * * * * * TSR: *** a satellite: ‘‘Space qualified’’ (a) ‘‘Parts’’ ■ 200. In Supplement No. 1 to part 774 (4) Exports or reexports to destinations and ‘‘components’’ for optical systems (the Commerce Control List), Category outside of those countries listed in Country defined in 6A004.c and optical control 6—Sensors and Lasers, Export Control Group A:5 (See Supplement No. 1 to part 740 equipment defined in 6A004.d.1; (b) Solid- Classification Number (ECCN) 6D003 is of the EAR) of ‘‘technology’’ for the state detectors defined in 6A002.a.1, ‘‘development’’ of the following: ‘‘imaging sensors’’ (e.g., ‘‘monospectral amended by revising the License * * * * * imaging sensors’’ and ‘‘multispectral Exception TSR paragraph in the License imaging sensors’’) defined in Exceptions section to read as follows: List of Items Controlled 6A002.b.2.b.1, and cryocoolers defined in 6D003 Other ‘‘software’’ as follows (see List * * * * * 6A002.d.1 unless on or after September 23, of Items Controlled). Related Controls: (1) ‘‘Technology’’ according 2002, the Department of State issues a * * * * * to the General Technology Note for the commodity jurisdiction determination ‘‘development’’ of the following indicating the ‘‘technology’’ is subject to License Exceptions commodities is ‘‘subject to the ITAR’’ (see the EAR. (2) See also 6E992. * * * * * 22 CFR parts 120 through 130): ‘‘Space * * * * * TSR: Yes, except for exports or reexports to qualified’’ (a) ‘‘Parts’’ and ‘‘components’’ ■ destinations outside of those countries for optical systems defined in 6A004.c and 206. In Supplement No. 1 to part 774 listed in Country Group A:5 (See optical control equipment defined in (the Commerce Control List), Category Supplement No. 1 to part 740 of the EAR) 6A004.d.1.; (b) Solid-state detectors 6– Sensors and Lasers, Export Control of ‘‘software’’ for items controlled by defined in 6A002.a.1, ‘‘imaging sensors’’ Classification Number (ECCN) 6E993 is 6D003.a. (e.g., ‘‘monospectral imaging sensors’’ and amended by revising the introductory * * * * * ‘‘multispectral imaging sensors’’) defined text to ‘‘items’’ paragraph a to read as in 6A002.b.2.b.1, and cryocoolers defined ■ follows: 201. In Supplement No. 1 to part 774 in 6A002.d.1 unless on or after September (the Commerce Control List), Category 23, 2002, the Department of State issues a 6E993 Other ‘‘technology,’’ not controlled 6—Sensors and Lasers, Export Control commodity jurisdiction determination by 6E003, as follows (see List of Items Classification Number (ECCN) 6D102 is indicating the ‘‘technology’’ is subject to Controlled). amended by revising the heading to read the EAR. (2) See also 6E101, 6E201, and * * * * * as follows: 6E991. List of Items Controlled 6D102 ‘‘Software’’ ‘‘specially designed’’ or * * * * * * * * * * modified for the ‘‘use’’ of equipment ■ 205. In Supplement No. 1 to part 774 controlled by 6A108. Items: (the Commerce Control List), Category * * * * * * * * * * 6—Sensors and Lasers, Export Control a. Optical fabrication technologies for ■ 202–203. In Supplement No. 1 to part Classification Number (ECCN) 6E002 is serially producing optical ‘‘parts’’ and 774 (the Commerce Control List), amended: ‘‘components’’ at a rate exceeding 10 m2 of

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surface area per year on any single spindle paragraph b in the List of Items List of Items Controlled and having all of the following: Controlled section. * * * * * * * * * * ■ 211. In Supplement No. 1 to part 774 Items: ■ 207. In Supplement No. 1 to part 774 (the Commerce Control List), Category a. Linear accelerometers designed for use (the Commerce Control List), Category in inertial navigation systems or in guidance 7—Navigation and Avionics, Export systems of all types, usable in ‘‘missiles’’ 7—Navigation and Avionics, Export Control Classification Number (ECCN) having all of the following characteristics, Control Classification Number (ECCN) 7A005 is amended: and ‘‘specially designed’’ ‘‘parts’’ and 7A001 is amended by adding quotes ■ a. By revising the heading; ‘‘components’’ therefor: around the term components in the ■ b. By revising the License * * * * * heading. Requirements section; ■ 214. In Supplement No. 1 to part 774 ■ 208. In Supplement No. 1 to part 774 ■ c. By revising the ‘‘Related Controls’’ (the Commerce Control List), Category (the Commerce Control List), Category paragraph in the List of Items Controlled 7—Navigation and Avionics, Export 7—Navigation and Avionics, Export section; and Control Classification Number (ECCN) Control Classification Number (ECCN) ■ d. By revising the ‘‘Note’’ to ‘‘items’’ 7A102 is amended by revising the 7A002 is amended by adding quotes paragraph b in the List of Items heading to read as follows: around the term component in the Controlled section to read as follows: 7A102 Gyros, other than those controlled heading. 7A005 Global Navigation Satellite Systems by 7A002 (see List of Items Controlled), ■ 209. In Supplement No. 1 to part 774 (GNSS) receiving equipment having any and ‘‘specially designed’’ ‘‘parts’’ and (the Commerce Control List), Category of the following (see List of Items ‘‘components’’ therefor. 7—Navigation and Avionics, Export Controlled) and ‘‘specially designed’’ * * * * * Control Classification Number (ECCN) ‘‘components’’ therefor. ■ 215. In Supplement No. 1 to part 774 7A003 is amended: * * * * * (the Commerce Control List), Category ■ a. By revising the heading; License Requirements 7—Navigation and Avionics, Export ■ b. By revising the ‘‘Related Controls’’ Control Classification Number (ECCN) paragraph in the List of Items Controlled These items are ‘‘subject to the ITAR’’ (see 22 CFR parts 120 through 130). 7A103 is amended: section; and ■ a. By revising the heading; ■ c. By revising the introductory text to List of Items Controlled ■ b. By revising the ‘‘Related Controls’’ ‘‘items’’ paragraphs a and c in the List * * * * * paragraph in the List of Items Controlled of Items Controlled section to read as Related Controls: (1) See also 7A105 and section; and follows: 7A994. Typically commercially available ■ c. By revising ‘‘items’’ paragraph a and 7A003 Inertial systems and ‘‘specially GPS do not employ decryption or adaptive b and the introductory text to the designed’’ ‘‘components,’’ as follows (see antenna and are classified as 7A994. (2) ‘‘Technical Note’’ paragraph at the end List of Items Controlled). For equipment ‘‘specially designed’’ for of the ‘‘items’’ paragraph in the List of military use, see Categories XI and XV of Items Controlled section to read as * * * * * the U.S. Munitions List (22 CFR 121). follows: List of Items Controlled * * * * * Items: 7A103 Instrumentation, navigation * * * * * equipment and systems, other than those Related Controls: (1) See also 7A103 and * * * * * controlled by 7A003, and ‘‘specially 7A994. (2) Inertial Navigation Systems b. * * * designed’’ ‘‘parts’’ and ‘‘components’’ (INS) and inertial equipment, and Note: 7A005.b does not apply to GNSS therefor, as follows (see List of Items ‘‘specially designed’’ ‘‘parts’’ and receiving equipment that only uses Controlled). ‘‘components’’ therefor specifically ‘‘components’’ designed to filter, switch, or * * * * * designed, modified or configured for combine signals from multiple omni- military use are ‘‘subject to the ITAR’’ (see directional antennas that do not implement List of Items Controlled 22 CFR parts 120 through 130). adaptive antenna techniques. * * * * * * * * * * * * * * * Related Controls: (1) See ECCN 7A003 and Items: 7A994. (2) For rockets, missiles, or ■ a. Inertial Navigation Systems (INS) 212. In Supplement No. 1 to part 774 unmanned aerial vehicles controlled under (gimballed or strapdown) and inertial (the Commerce Control List), Category the U.S. Munitions List (USML), items equipment, designed for ‘‘aircraft,’’ land 7—Navigation and Avionics, Export described in 7A103.b are ‘‘subject to the vehicles, vessels (surface or underwater) or Control Classification Number (ECCN) ITAR’’ (see 22 CFR parts 120 through 130). ‘‘spacecraft,’’ for navigation, attitude, 7A008 is amended by adding quotes (3) Inertial navigation systems and inertial guidance or control and having any of the around the term components in the equipment, and ‘‘specially designed’’ following and ‘‘specially designed’’ heading. ‘‘parts’’ and ‘‘components’’ therefor ‘‘components’’ therefor: specifically designed, modified or ■ * * * * * 213. In Supplement No. 1 to part 774 configured for military use are ‘‘subject to c. Inertial measurement equipment for (the Commerce Control List), Category the ITAR’’ (see 22 CFR parts 120 through heading or True North determination and 7—Navigation and Avionics, Export 130). having any of the following, and ‘‘specially Control Classification Number (ECCN) * * * * * designed’’ ‘‘components’’ therefor: 7A101 is amended: Items: * * * * * ■ a. By revising the heading; and * * * * * ■ 210. In Supplement No. 1 to part 774 ■ b. By revising the introductory text to a. Inertial or other equipment using (the Commerce Control List), Category ‘‘items’’ paragraph a in the List of Items accelerometers or gyros controlled by 7A001, 7—Navigation and Avionics, Export Controlled section to read as follows: 7A002, 7A101 or 7A102 and systems incorporating such equipment, and Control Classification Number (ECCN) 7A101 Accelerometers, other than those ‘‘specially designed’’ ‘‘parts’’ and 7A004 is amended by adding quotes controlled by 7A001 (see List of Items ‘‘components’’ therefor; around the term components in the Controlled), and ‘‘specially designed’’ b. Integrated flight instrument systems, heading; and adding quotes around the ‘‘parts’’ and ‘‘components’’ therefor. which include gyrostabilizers or automatic term Components in the ‘‘items’’ * * * * * pilots, designed or modified for use in

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rockets, missiles, or unmanned aerial 7A107 Three axis magnetic heading License Requirement Notes: vehicles capable of achieving a ‘‘range’’ equal sensors having all of the following (1) * * * to or greater than 300 km, and ‘‘specially characteristics (see List of Items (2) Typically commercially available GPS designed’’ ‘‘parts’’ and ‘‘components’’ Controlled), and ‘‘specially designed’’ do not employ decryption or adaptive therefor. ‘‘parts’’ and ‘‘components’’ therefor. antenna and are classified as 7A994. c. * * * * * * * * * * * * * Technical Note: An ‘integrated navigation ■ 220. In Supplement No. 1 to part 774 List of Items Controlled system’ typically incorporates the following (the Commerce Control List), Category ‘‘parts’’ and ‘‘components’’: 7—Navigation and Avionics, Export * * * * * Related Controls: (1) See also 7A005 and * * * * * Control Classification Number (ECCN) 7A105. (2) QRS11 Micromachined Angular 7A115 is amended by revising the ■ 216. In Supplement No. 1 to part 774 Rate Sensors are ‘‘subject to the ITAR’’ (see heading to read as follows: 22 CFR parts 120 through 130), unless the (the Commerce Control List), Category QRS11–00100–100/101 is integrated into 7—Navigation and Avionics, Export 7A115 Passive sensors for determining bearing to specific electromagnetic and included as an integral ‘‘component’’ Control Classification Number (ECCN) sources (direction finding equipment) or of a commercial primary or standby 7A104 is amended: terrain characteristics, designed or instrument system of the type described in ■ a. By revising the heading; and modified for use in ‘‘missiles’’. (These ECCN 7A994, or aircraft of the type ■ b. By revising the ‘‘Related Controls’’ items are ‘‘subject to the ITAR.’’ See 22 described in ECCN 9A991 that incorporates paragraph in the List of Items Controlled CFR parts 120 through 130.) such systems, or is exported solely for ■ integration into such a system; or the section to read as follows: 221. In Supplement No. 1 to part 774 QRS11–00050–443/569 is integrated into 7A104 Gyro-astro compasses and other (the Commerce Control List), Category an automatic flight control system of the devices, other than those controlled by 7—Navigation and Avionics, Export type described in ECCN 7A994, or aircraft 7A004, which derive position or Control Classification Number (ECCN) of the type described in ECCN 9A991 that orientation by means of automatically 7A116 is amended by revising the incorporates such systems, or are exported tracking celestial bodies or satellites and heading to read as follows: solely for integration into such a system. (See Commodity Jurisdiction requirements ‘‘specially designed’’ ‘‘parts’’ and 7A116 Flight control systems (hydraulic, ‘‘components’’ therefor. in 22 CFR Parts 121; Category VIII(e), mechanical, electro-optical, or electro- Note(1).) In the latter case, such items are * * * * * mechanical flight control systems subject to the EAR. Technology specific to (including fly-by-wire systems) and the development and production of QRS11 List of Items Controlled attitude control equipment) designed or sensors remains ‘‘subject to the ITAR’’ (see * * * * * modified for ‘‘missiles’’. (These items 22 CFR parts 120 through 130). Related Controls: This entry controls are ‘‘subject to the ITAR.’’ See 22 CFR ‘‘specially designed’’ ‘‘parts’’ and parts 120 through 130.) * * * * * ‘‘components’’ for gyro-astro compasses ■ 222. In Supplement No. 1 to part 774 ■ and other devices controlled by 7A004. 224. In Supplement No. 1 to part 774 (the Commerce Control List), Category (the Commerce Control List), Category * * * * * 7—Navigation and Avionics, Export 7—Navigation and Avionics, Export ■ 217. In Supplement No. 1 to part 774 Control Classification Number (ECCN) Control Classification Number (ECCN) (the Commerce Control List), Category 7A117 is amended by revising the 7B003 is amended by revising the 7—Navigation and Avionics, Export heading to read as follows: ‘‘Related Controls’’ paragraph (1) in the Control Classification Number (ECCN) 7A117 ‘‘Guidance sets’’ capable of List of Items Controlled section to read 7A105 is amended by revising the achieving system accuracy of 3.33% or as follows: less of the range (e.g., a ‘‘CEP’’ of 10 km heading to read as follows: 7B003 Equipment ‘‘specially designed’’ for or less at a ‘‘range’’ of 300 km). (These 7A105 Receiving equipment for Global the ‘‘production’’ of equipment items are ‘‘subject to the ITAR.’’ See 22 Navigation Satellite Systems (GNSS) controlled by 7A (except 7A994). CFR parts 120 through 130.) (e.g. GPS, GLONASS, or Galileo) having * * * * * any of the following characteristics, and ■ 223. In Supplement No. 1 to part 774 ‘‘specially designed’’ ‘‘parts’’ and (the Commerce Control List), Category List of Items Controlled ‘‘components’’ therefor. (These items are 7—Navigation and Avionics, Export * * * * * ‘‘subject to the ITAR.’’ See 22 CFR parts Control Classification Number (ECCN) Related Controls: (1) See also 7B103, (this 120 through 130.) 7A994 is amended: entry is ‘‘subject to the ITAR’’ (see 22 CFR * * * * * ■ a. By redesignating the License parts 120 through 130)) and 7B994. * * * ■ 218. In Supplement No. 1 to part 774 Requirement Note in the License * * * * * (the Commerce Control List), Category Requirements section as License ■ 225. In Supplement No. 1 to part 774 7—Navigation and Avionics, Export Requirement Note 1; (the Commerce Control List), Category ■ Control Classification Number (ECCN) b. By adding a License Requirement 7—Navigation and Avionics, Export 7A106 is amended by revising the Note 2 in the License Requirements Control Classification Number (ECCN) heading to read as follows: section; and 7B103 is amended by revising the ■ c. By revising the ‘‘Related Controls’’ 7A106 Altimeters, other than those heading to read as follows: controlled by 7A006, of radar or laser paragraph in the List of Items Controlled section to read as follows: 7B103 ‘‘Specially designed’’ ‘‘production radar type, designed or modified for use facilities’’ for equipment controlled by in ‘‘missiles’’. (These items are ‘‘subject 7A994 Other navigation direction finding 7A117. (These items are ‘‘subject to the to the ITAR.’’ See 22 CFR parts 120 equipment, airborne communication ITAR.’’ See 22 CFR parts 120 through through 130.) equipment, all aircraft inertial 130.) ■ 219. In Supplement No. 1 to part 774 navigation systems not controlled under (the Commerce Control List), Category 7A003 or 7A103, and other avionic ■ 226. In Supplement No. 1 to part 774 equipment, including ‘‘parts’’ and 7—Navigation and Avionics, Export ‘‘components,’’ n.e.s. (the Commerce Control List), Category Control Classification Number (ECCN) 7—Navigation and Avionics, Export 7A107 is amended by revising the License Requirements Control Classification Number (ECCN) heading to read as follows: * * * * * 7D001 is amended:

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■ a. By revising the ‘‘RS’’ entry in the ■ c. By revising the ‘‘Related Controls’’ Control Classification Number (ECCN) the License Requirements table; and paragraph in the List of Items Controlled 7E001 is amended: ■ b. By revising the ‘‘Related Controls’’ section to read as follows: ■ a. By revising the RS entry of the paragraphs (2) and (3) in the List of License Requirements table; 7D101 ‘‘Software’’ ‘‘specially designed’’ or ■ Items Controlled section to read as modified for the ‘‘use’’ of equipment b. By adding a Reporting follows: controlled by 7A001 to 7A006, 7A101 to Requirements section after the License 7A107, 7A115, 7A116, 7A117, 7B001, Requirements section; and 7D001 ‘‘Software’’ ‘‘specially designed’’ or ■ modified for the ‘‘development’’ or 7B002, 7B003, 7B101, 7B102, or 7B103 c. By revising the ‘‘Related Controls’’ ‘‘production’’ of equipment controlled for MT reasons. paragraph (2) in the List of Items Controlled section to read as follows: by 7A (except 7A994) or 7B (except License Requirements 7B994). 7E001 ‘‘Technology’’ according to the License Requirements Reason for Control: *** General Technology Note for the ‘‘development’’ of equipment or Reason for Control: *** Control(s) Country chart ‘‘software,’’ controlled by 7A (except 7A994), 7B (except 7B994), 7D001, Control(s) Country chart MT applies to the en- MT Column 1 7D002, or 7D003. tire entry. License Requirements ***** ***** Reason for Control: *** RS applies to ‘‘soft- RS Column 1 * * * * * ware’’ for inertial navigation systems List of Items Controlled Control(s) Country chart and inertial equip- * * * * * ment, and ‘‘compo- Related Controls: (1) The ‘‘software’’ related ***** nents’’ therefor, for to 7A003.b, 7A005, 7A103.b, 7A105, RS applies to ‘‘tech- RS Column 1 ‘‘9A991.b aircraft’’. 7A106, 7A115, 7A116, 7A117, or 7B103 is nology’’ for inertial ‘‘subject to the ITAR’’ (see 22 CFR parts navigation systems ***** 120 through 130). (2) ‘‘Software’’ for or inertial equip- * * * * * inertial navigation systems and inertial ment, and ‘‘compo- equipment and ‘‘parts’’ and ‘‘components’’ nents’’ therefor, for List of Items Controlled ‘‘specially designed’’ therefor that are 9A991.b aircraft. * * * * * directly related to a defense article is Related Controls: * * * (2) The ‘‘software’’ ‘‘subject to the ITAR’’ (see 22 CFR parts ***** related to 7A003.b, 7A005, 7A103.b, 120 through 130). 7A105, 7A106, 7A115, 7A116, 7A117, or * * * * * 7B103 is ‘‘subject to the ITAR’’ (see 22 CFR * * * * * Reporting Requirements parts 120 through 130). (3) ‘‘Software’’ for ■ 229. In Supplement No. 1 to part 774 inertial navigation systems and inertial (the Commerce Control List), Category See § 743.1 of the EAR for reporting equipment and ‘‘parts’’ or ‘‘components’’ 7—Navigation and Avionics, Export requirements for exports under License ‘‘specially designed’’ therefor that are Exceptions, Special Comprehensive Control Classification Number (ECCN) Licenses, and Validated End-User directly related to defense articles and not 7D102 is amended by revising the ‘‘specially designed’’ for use on civil authorizations. ‘‘Related Controls’’ paragraph in the List aircraft is ‘‘subject to the ITAR’’ (see 22 * * * * * CFR parts 120 through 130). of Items Controlled section to read as follows: List of Items Controlled * * * * * * * * * * ■ 227. In Supplement No. 1 to part 774 7D102 Integration ‘‘software,’’ as follows (See List of Items Controlled). Related Controls: * * * (2) The ‘‘technology’’ (the Commerce Control List), Category related to 7A003.b, 7A005, 7A103.b, 7—Navigation and Avionics, Export * * * * * 7A105, 7A106, 7A115, 7A116, 7A117, Control Classification Number (ECCN) List of Items Controlled 7B103, software in 7D101 specified in the 7D003 is amended by adding a Related Controls paragraph of ECCN Reporting Requirements section after * * * * * 7D101, 7D102.a, or 7D103 is ‘‘subject to the the License Requirements section to Related Controls: The ‘‘software’’ related to ITAR’’ (see 22 CFR parts 120 through 130). read as follows: 7A003.b or 7A103.b is ‘‘subject to the * * * * * ITAR’’ (see 22 CFR parts 120 through 130). ■ 7D003 Other ‘‘software’’ as follows (see List * * * * * 232. In Supplement No. 1 to part 774 of Items Controlled). (the Commerce Control List), Category ■ 230. In Supplement No. 1 to part 774 * * * * * 7—Navigation and Avionics, Export (the Commerce Control List), Category Control Classification Number (ECCN) Reporting Requirements 7—Navigation and Avionics, Export 7E002 is amended: See § 743.1 of the EAR for reporting Control Classification Number (ECCN) ■ a. By revising the RS entry in the requirements for exports under License 7D103 is amended by revising the License Requirements table; Exceptions, Special Comprehensive Licenses, heading to read as follows: ■ b. By adding a Reporting and Validated End-User authorizations. 7D103 ‘‘Software’’ ‘‘specially designed’’ for Requirements section after the License * * * * * modelling or simulation of the Requirements section; and ■ 228. In Supplement No. 1 to part 774 ‘‘guidance sets’’ controlled by 7A117 or ■ c. By revising the ‘‘Related Controls’’ (the Commerce Control List), Category for their design integration with paragraph (2) in the List of Items 7—Navigation and Avionics, Export ‘‘missiles’’. (This entry is ‘‘subject to the Controlled section to read as follows: Control Classification Number (ECCN) ITAR.’’ See 22 CFR parts 120 through 130.) 7E002 ‘‘Technology’’ according to the 7D101 is amended: General Technology Note for the ■ a. By revising the heading; ■ 231. In Supplement No. 1 to part 774 ‘‘production’’ of equipment controlled ■ b. By revising the MT entry in the (the Commerce Control List), Category by 7A (except 7A994) or 7B (except License Requirements table; and 7—Navigation and Avionics, Export 7B994).

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License Requirements Control(s) Country chart List of Items Controlled Reason for Control: *** * * * * * Items: ***** Control(s) Country chart a. Systems, equipment, ‘‘parts’’ and * * * * * ‘‘components,’’ ‘‘specially designed’’ or modified for submersible vehicles and ***** List of Items Controlled designed to operate at depths exceeding RS applies to ‘‘tech- RS Column 1 * * * * * 1,000 m, as follows: nology’’ for inertial Related Controls: The ‘‘technology’’ related to * * * * * navigation systems 7A003.b, 7A005, 7A103.b, 7A105, 7A106, a.4. ‘‘Parts’’ and ‘‘components’’ or inertial equip- 7A115, 7A116, 7A117, 7B103, software manufactured from material specified by ment, and ‘‘compo- specified in the Related Controls paragraph ECCN 8C001; of ECCN 7D101, 7D102.a, or 7D103 is nents’’ therefor, for * * * * * 9A991.b aircraft. ‘‘subject to the ITAR’’ (see 22 CFR parts 120 through 130). o.1.e. Power transmission shaft systems incorporating ‘‘composite’’ material ‘‘parts’’ ***** * * * * * or ‘‘components’’ and capable of transmitting more than 1 MW; Reporting Requirements ■ 234. In Supplement No. 1 to part 774 (the Commerce Control List), Category * * * * * See § 743.1 of the EAR for reporting 7—Navigation and Avionics, Export o.2.d. Power transmission shaft systems requirements for exports under License incorporating ‘‘composite’’ material ‘‘parts’’ Exceptions, Special Comprehensive Control Classification Number (ECCN) 7E104 is amended by revising the or ‘‘components’’ and capable of transmitting Licenses, and Validated End-User more than 2 MW; authorizations. heading to read as follows: * * * * * * * * * * 7E104 Design ‘‘Technology’’ for the integration of the flight control, ■ 237. In Supplement No. 1 to part 774 List of Items Controlled guidance, and propulsion data into a (the Commerce Control List), Category flight management system, designed or * * * * * 8—Marine, Export Control Classification modified for rockets or missiles capable Number (ECCN) 8A918 is removed. Related Controls: * * * (2) The ‘‘technology’’ of achieving a ‘‘range’’ equal to or related to 7A003.b, 7A005, 7A103.b, greater than 300 km, for optimization of ■ 238. In Supplement No. 1 to part 774 7A105, 7A106, 7A115, 7A116, 7A117, or rocket system trajectory. (This entry is (the Commerce Control List), Category 7B103 is ‘‘subject to the ITAR’’ (see 22 CFR ‘‘subject to the ITAR.’’ See 22 CFR parts 8—Marine, Export Control Classification parts 120 through 130). 120 through 130.) Number (ECCN) 8A992 is amended: * * * * * ■ a. By revising the heading; ■ 235. In Supplement No. 1 to part 774 ■ b. By revising the License ■ (the Commerce Control List), Category 233. In Supplement No. 1 to part 774 Requirements section; (the Commerce Control List), Category 7—Navigation and Avionics, Export ■ c. By revising ‘‘items’’ paragraphs f 7—Navigation and Avionics, Export Control Classification Number (ECCN) and g in the List of Items Controlled Control Classification Number (ECCN) 7E994 is amended by revising the section; and 7E101 is amended: ‘‘Related Controls’’ paragraph in the List ■ d. By adding paragraphs l and m to ■ a. By revising the heading; of Items Controlled section to read as ■ the ‘‘items’’ paragraph in the ‘‘List of b. By revising the RS entry of the follows: Items Controlled’’ section to read as License Requirements table; and 7E994 ‘‘Technology,’’ n.e.s., for the ■ follows: c. By revising the ‘‘Related Controls’’ ‘‘development,’’ ‘‘production’’ or ‘‘use’’ paragraph in the List of Items Controlled of navigation, airborne communication, 8A992 Vessels, marine systems or section to read as follows: and other avionics equipment. equipment, not controlled by 8A001, 8A002 or 8A018, and ‘‘specially 7E101 ‘‘Technology,’’ according to the * * * * * designed’’ ‘‘parts,’’ and ‘‘components’’ General Technology Note for the ‘‘use’’ List of Items Controlled therefor, and marine boilers and ‘‘parts’’ of equipment controlled by 7A001 to and ‘‘components,’’ ‘‘accessories,’’ and 7A006, 7A101 to 7A107, 7A115 to * * * * * ‘‘attachments’’ therefor (see List of Items 7A117, 7B001, 7B002, 7B003, 7B101, Related Controls: Technology specific to the Controlled). 7B102, 7B103, or 7D101 to 7D103 for MT development and production of QRS11 reasons. sensors remains ‘‘subject to the ITAR’’ (see License Requirements 22 CFR parts 120 through 130) and (see License Requirements ECCN 7A994, Related Controls). Reason for Control: AT, UN * * * * * Reason for Control: *** Control(s) Country chart ■ 236. In Supplement No. 1 to part 774 Control(s) Country chart (the Commerce Control List), Category AT applies to entire AT Column 1 entry. 8–Marine, Export Control Classification UN applies to 8A992.l See § 746.1(b) for UN ***** Number (ECCN) 8A002 is amended: and m. controls RS applies to ‘‘tech- RS Column 1 ■ a. By revising the heading; nology’’ required ■ b. By revising the introductory text to * * * * * for the use of iner- ‘‘items’’ paragraph a in the List of Items List of Items Controlled tial navigation sys- Controlled section; tems, or inertial ■ c. By revising ‘‘items’’ paragraphs a.4, * * * * * Items: equipment, or o.1.e, and o.2.d in the List of Items ‘‘specially de- Controlled section to read as follows: * * * * * signed’’ ‘‘parts’’ and f. Vessels, n.e.s., including inflatable boats, ‘‘components’’ 8A002 Marine systems, equipment, ‘‘parts’’ and ‘‘specially designed’’ ‘‘parts’’ and therefor, ‘‘specially and ‘‘components,’’ as follows (see List ‘‘components’’ therefor, n.e.s.; designed’’ for of Items Controlled). g. Marine engines (both inboard and 9A991.b aircraft. * * * * * outboard) and submarine engines, n.e.s.; and

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‘‘specially designed’’ ‘‘parts’’ and around the term components in the assurance that a U.S.-built item intended to ‘‘components’’ therefor, n.e.s.; heading. operate on NASA’s international space station has been designed, manufactured, and * * * * * ■ 242. In Supplement No. 1 to part 774 l. Marine boilers designed to have any of tested in conformance with specified (the Commerce Control List), Category requirements (e.g., operational performance, the following characteristics: 9—Aerospace and Propulsion, Export l.1. Heat release rate (at maximum rating) reliability, lifetime, product quality, or equal to or in excess of 190,000 BTU per hour Control Classification Number (ECCN) delivery expectations). All technical data and per cubic foot of furnace volume; or 9A003 is amended by adding quotes all defense services, including all technical l.2. Ratio of steam generated in pounds per around the term components in the assistance, for launch of the international hour (at maximum rating) to the dry weight heading. space station, including launch vehicle of the boiler in pounds equal to or in excess compatibility, integration, or processing data, ■ 243. In Supplement No. 1 to part 774 are ‘‘subject to the ITAR’’ (see 22 CFR parts of 0.83. (the Commerce Control List), Category m. Major ‘‘components,’’ ‘‘accessories,’’ 120 through 130). and ‘‘attachments’’ for marine boilers 9—Aerospace and Propulsion, Export * * * * * described in 8A992.l. Control Classification Number (ECCN) 9A004 is amended by revising the ■ 244. In Supplement No. 1 to part 774 ■ 239. In Supplement No. 1 to part 774 heading and the ‘‘Related Controls’’ (the Commerce Control List), Category (the Commerce Control List), Category paragraphs (2), (4), (5) and (6) in the List 9—Aerospace and Propulsion, Export 8–Marine, Export Control Classification of Items Controlled section to read as Control Classification Number (ECCN) Number (ECCN) 8D001 is amended by follows: 9A005 is amended by revising the revising the License Exception TSR heading to read as follows: 9A004 Space launch vehicles and paragraph in the License Exceptions ‘‘spacecraft’’ (see List of Items 9A005 Liquid rocket propulsion systems section to read as follows: Controlled). containing any of the systems or 8D001 ‘‘Software’’ ‘‘specially designed’’ or * * * * * ‘‘components,’’ controlled by 9A006. modified for the ‘‘development’’, (These items are ‘‘subject to the ITAR.’’ ‘‘production’’ or ‘‘use’’ of equipment or List of Items Controlled See 22 CFR parts 120 through 130.) materials, controlled by 8A (except * * * * * ■ 245. In Supplement No. 1 to part 774 8A018 or 8A992), 8B or 8C. Related Controls: (the Commerce Control List), Category * * * * * * * * * * 9—Aerospace and Propulsion, Export License Exceptions (2) Space launch vehicles are ‘‘subject to Control Classification Number (ECCN) the ITAR’’ (see 22 CFR parts 120 through 9A006 is amended by revising the * * * * * 130). TSR: Yes, except for exports or reexports to heading to read as follows: destinations outside of those countries * * * * * 9A006 Systems, ‘‘components,’’ ‘‘specially listed in Country Group A:5 (See (4) All other ‘‘spacecraft’’ not controlled designed’’ for liquid rocket propulsion Supplement No. 1 to part 740 of the EAR) under 9A004 and their payloads, and systems. (These items are ‘‘subject to the of ‘‘software’’ ‘‘specially designed’’ for the specifically designed or modified ‘‘parts,’’ ITAR.’’ See 22 CFR parts 120 through ‘‘development’’ or ‘‘production’’ of ‘‘components,’’ accessories, attachments, and 130.) equipment controlled by 8A001.b, associated equipment, including ground 8A001.d, or 8A002.o.3.b. support equipment, are ‘‘subject to the ITAR’’ ■ 246. In Supplement No. 1 to part 774 (see 22 CFR parts 120 through 130), unless * * * * * (the Commerce Control List), Category otherwise transferred to the Department of 9—Aerospace and Propulsion, Export ■ 240. In Supplement No. 1 to part 774 Commerce via a commodity jurisdiction Control Classification Number (ECCN) (the Commerce Control List), Category determination by the Department of State. 9A007 is amended by revising the 8–Marine, Export Control Classification (5) Exporters requesting a license from the Department of Commerce for ‘‘spacecraft’’ heading to read as follows: Number (ECCN) 8E001 is amended by and their associated ‘‘parts’’ and 9A007 Solid rocket propulsion systems. revising the License Exception TSR ‘‘components,’’ other than the international (These items are ‘‘subject to the ITAR.’’ paragraph in the License Exceptions space station, must provide a statement from See 22 CFR parts 120 through 130.) section to read as follows: the Department of State, Directorate of ■ 247. In Supplement No. 1 to part 774 Defense Trade Controls, verifying that the 8E001 ‘‘Technology’’ according to the (the Commerce Control List), Category General Technology Note for the item intended for export is under the licensing jurisdiction of the Department of 9—Aerospace and Propulsion, Export ‘‘development’’ or ‘‘production’’ of Control Classification Number (ECCN) equipment or materials, controlled by Commerce. All ‘‘specially designed’’ or 8A (except 8A018 or 8A992), 8B or 8C. modified ‘‘parts,’’ ‘‘components,’’ 9A008 is amended by revising the accessories, attachments, and associated heading to read as follows: * * * * * equipment for ‘‘spacecraft’’ that have been 9A008 ‘‘components’’ ‘‘specially designed’’ determined by the Department of State License Exceptions for solid rocket propulsion systems. through the commodity jurisdiction process (These items are ‘‘subject to the ITAR.’’ * * * * * to be under the licensing jurisdiction of the TSR: Yes, except for exports or reexports to See 22 CFR parts 120 through 130.) Department of Commerce, and that are not destinations outside of those countries controlled by any other ECCN on the ■ listed in Country Group A:5 (See 248. In Supplement No. 1 to part 774 Commerce Control List, will be assigned a Supplement No. 1 to part 740 of the EAR) (the Commerce Control List), Category classification under this ECCN 9A004. of ‘‘software’’ ‘‘specially designed’’ for the 9—Aerospace and Propulsion, Export (6) Technical data required for the detailed ‘‘development’’ or ‘‘production’’ of Control Classification Number (ECCN) design, development, manufacturing, or equipment controlled by 8A001.b, production of the international space station 9A009 is amended by revising the 8A001.d, or 8A002.o.3.b. (to include specifically designed ‘‘parts’’ and heading to read as follows: * * * * * ‘‘components’’) remains ‘‘subject to the 9A009 Hybrid rocket propulsion systems. ITAR’’ (see 22 CFR parts 120 through 130). ■ 241. In Supplement No. 1 to part 774 (These items are ‘‘subject to the ITAR.’’ This control by the ITAR of detailed design, See 22 CFR parts 120 through 130.) (the Commerce Control List), Category development, manufacturing or production 9—Aerospace and Propulsion, Export technology for NASA’s international space ■ 249. In Supplement No. 1 to part 774 Control Classification Number (ECCN) station does not include that level of (the Commerce Control List), Category 9A002 is amended by adding quotes technical data necessary and reasonable for 9—Aerospace and Propulsion, Export

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Control Classification Number (ECCN) 9—Aerospace and Propulsion, Export ■ 258. In Supplement No. 1 to part 774 9A010 is amended by revising the Control Classification Number (ECCN) (the Commerce Control List), Category heading to read as follows: 9A104 is amended by revising the 9—Aerospace and Propulsion, Export 9A010 ‘‘Specially designed’’ ‘‘parts,’’ heading to read as follows: Control Classification Number (ECCN) ‘‘components,’’ systems and structures, 9A104 Sounding rockets, capable of a 9A108 is amended by revising the for launch vehicles, launch vehicle range of at least 300 km. (These items heading to read as follows: propulsion systems or ‘‘spacecraft’’. are ‘‘subject to the ITAR.’’ See 22 CFR 9A108 Solid rocket propulsion ‘‘parts’’ and (These items are ‘‘subject to the ITAR.’’ parts 120 through 130.) ‘‘components,’’ other than those See 22 CFR parts 120 through 130.) ■ 255. In Supplement No. 1 to part 774 controlled by 9A008, usable in rockets ■ 250. In Supplement No. 1 to part 774 with a range capability of 300 km or (the Commerce Control List), Category greater. (These items are ‘‘subject to the (the Commerce Control List), Category 9—Aerospace and Propulsion, Export 9—Aerospace and Propulsion, Export ITAR.’’ See 22 CFR parts 120 through Control Classification Number (ECCN) 130.) Control Classification Number (ECCN) 9A105 is amended by revising the ■ 259. In Supplement No. 1 to part 774 9A011 is amended by revising the heading to read as follows: heading to read as follows: (the Commerce Control List), Category 9A105 Liquid propellant rocket engines. 9—Aerospace and Propulsion, Export 9A011 Ramjet, scramjet or combined cycle (These items are ‘‘subject to the ITAR.’’ Control Classification Number (ECCN) engines, and ‘‘specially designed’’ See 22 CFR parts 120 through 130.) ‘‘parts’’ and ‘‘components’’ therefor. 9A109 is amended by revising the (These items are ‘‘subject to the ITAR.’’ ■ 256. In Supplement No. 1 to part 774 heading to read as follows: See 22 CFR parts 120 through 130.) (the Commerce Control List), Category 9A109 Hybrid rocket motors, usable in ■ 251. In Supplement No. 1 to part 774 9—Aerospace and Propulsion, Export rockets with a range capability of 300 (the Commerce Control List), Category Control Classification Number (ECCN) km or greater, other than those controlled by 9A009, and ‘‘specially 1—Aerospace and Propulsion, Export 9A106 is amended: designed’’ ‘‘parts’’ and ‘‘components’’ Control Classification Number (ECCN) ■ a. By revising the heading; therefor. (These items are ‘‘subject to the 9A012 is amended by adding quotes ■ b. By revising the ‘‘Related Controls’’ ITAR.’’ See 22 CFR parts 120 through around the term components in the paragraph in the List of Items Controlled 130.) heading; in the introductory text to section; and ■ ‘‘items’’ paragraph b in the List of Items ■ d. By revising the introductory text to 260. In Supplement No. 1 to part 774 Controlled section; and in ‘‘items’’ ‘‘items’’ paragraph d in the List of Items (the Commerce Control List), Category paragraph b.3 in the List of Items Controlled section to read as follows: 9—Aerospace and Propulsion, Export Controlled section. Control Classification Number (ECCN) ■ 252. In Supplement No. 1 to part 774 9A106 Systems, ‘‘parts’’ or ‘‘components,’’ 9A110 is amended: other than those controlled by 9A006, ■ a. By revising the heading; and (the Commerce Control List), Category usable in ‘‘missiles,’’ and ‘‘specially 9—Aerospace and Propulsion, Export ■ b. By revising the ‘‘Related Controls’’ designed’’ for liquid rocket propulsion paragraph (2) in the List of Items Control Classification Number (ECCN) systems, as follows (see List of Items 9A101 is amended by revising the Controlled). Controlled section to read as follows: ‘‘Related Controls’’ paragraph in the List * * * * * 9A110 Composite structures, laminates and of Items Controlled section to read as manufactures thereof, other than those follows: List of Items Controlled controlled by entry 9A010, ‘‘specially * * * * * designed’’ for use in rockets, missiles, or 9A101 Turbojet and turbofan engines, unmanned aerial vehicles capable of other than those controlled by 9A001, as Related Controls: Items described in 9A106.a, achieving a ‘‘range’’ equal to or greater follows (see List of Items Controlled). .b, and .c are ‘‘subject to the ITAR’’ (see 22 CFR parts 120 through 130). than 300 km or the subsystems * * * * * controlled by entries 9A005, 9A007, * * * * * List of Items Controlled 9A105.a, 9A106 to 9A109, 9A116, or Items: 9A119. * * * * * * * * * * * * * * * Related Controls: 9A101.b controls only d. Liquid and slurry propellant (including engines for non-military unmanned air oxidizers) control systems, and ‘‘specially List of Items Controlled vehicles [UAVs] or remotely piloted designed’’ ‘‘parts’’ and ‘‘components’’ * * * * * vehicles [RPVs], and does not control other therefor, designed or modified to operate in engines designed or modified for use in Related Controls: * * * (2) ‘‘Composite vibration environments greater than 10 g rms structures, laminates, and manufactures ‘‘missiles,’’ which are ‘‘subject to the between 20 Hz and 2000 Hz. ITAR’’ (see 22 CFR parts 120 through 130). thereof, ‘‘specially designed’’ for use in * * * * * missile systems are ‘‘subject to the ITAR’’ * * * * * (see 22 CFR parts 120 through 130), except ■ ■ 253. In Supplement No. 1 to part 774 257. In Supplement No. 1 to part 774 those ‘‘specially designed’’ for non-military (the Commerce Control List), Category (the Commerce Control List), Category unmanned air vehicles controlled in 9A012. 9—Aerospace and Propulsion, Export 9—Aerospace and Propulsion, Export Control Classification Number (ECCN) Control Classification Number (ECCN) * * * * * 9A107 is amended by revising the 9A103 is amended by revising the ■ 261. In Supplement No. 1 to part 774 heading to read as follows: heading to read as follows: (the Commerce Control List), Category 9A103 Liquid propellant tanks ‘‘specially 9A107 Solid propellant rocket motors, 9—Aerospace and Propulsion, Export designed’’ for the propellants controlled usable in rockets with a range capability Control Classification Number (ECCN) in ECCNs 1C011, 1C111 or other liquid of 300 km or greater, other than those 9A111 is amended by revising the controlled by 9A007, having total propellants used in ‘‘missiles.’’ (These heading to read as follows: items are ‘‘subject to the ITAR.’’ See 22 impulse capacity equal to or greater CFR parts 120 through 130.) than 8.41 μ 105 Ns, but less than 1.1 μ 9A111 Pulse jet engines, usable in rockets, 106 Ns. (These items are ‘‘subject to the missiles, or unmanned aerial vehicles ■ 254. In Supplement No. 1 to part 774 ITAR.’’ See 22 CFR parts 120 through capable of achieving a ‘‘range’’ equal to (the Commerce Control List), Category 130.) or greater than 300 km, and ‘‘specially

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designed’’ ‘‘parts’’ and ‘‘components’’ ■ 267. In Supplement No. 1 to part 774 ■ 270. In Supplement No. 1 to part 774 therefor. (These items are ‘‘subject to the (the Commerce Control List), Category (the Commerce Control List), Category ITAR.’’ See 22 CFR parts 120 through 9—Aerospace and Propulsion, Export 9—Aerospace and Propulsion, Export 130.) Control Classification Number (ECCN) Control Classification Number (ECCN) 9A120 is amended: 9A991 is amended: ■ 262. In Supplement No. 1 to part 774 ■ a. By revising the heading; and ■ a. By revising the heading; (the Commerce Control List), Category ■ b. By revising the ‘‘Related Controls’’ ■ b. By revising the ‘‘Related Controls’’ 9—Aerospace and Propulsion, Export paragraph to read as follows: paragraph in the List of Items Controlled Control Classification Number (ECCN) section; and 9A115 is amended by revising the 9A120 Complete unmanned aerial vehicles, ■ c. By revising ‘‘items’’ paragraphs b, c heading to read as follows: not specified in 9A012, having all of the following characteristics (see List of introductory text, d, and e in the List of 9A115 Apparatus, devices and vehicles, Items Controlled). Items Controlled section to read as designed or modified for the transport, * * * * * follows: handling, control, activation and launching of rockets, missiles, and List of Items Controlled 9A991 ‘‘Aircraft,’’ n.e.s., and gas turbine unmanned aerial vehicles capable of * * * * * engines not controlled by 9A001 or 9A101 and ‘‘parts’’ and ‘‘components,’’ achieving a ‘‘range’’ equal to or greater Related Controls: See ECCN 9A012 or the n.e.s. (see List of Items Controlled). than 300 km. (These items are ‘‘subject U.S. Munitions List Category VIII (22 CFR to the ITAR.’’ See 22 CFR parts 120 part 121). Also see ECCN 2B352.h for * * * * * through 130.) controls on certain spraying or fogging List of Items Controlled ■ systems, and ‘‘parts’’ and ‘‘components’’ 263. In Supplement No. 1 to part 774 * * * * * (the Commerce Control List), Category therefor, ‘‘specially designed’’ or modified for fitting to aircraft, ‘‘lighter than air Related Controls: QRS11 Micromachined 9—Aerospace and Propulsion, Export vehicles,’’ or ‘‘UAVs.’’ Angular Rate Sensors are ‘‘subject to the Control Classification Number (ECCN) * * * * * ITAR’’ (see 22 CFR parts 120 through 130), 9A116 is amended by revising the unless the QRS11–00100–100/101 is heading to read as follows: ■ 268. In Supplement No. 1 to part 774 integrated into and included as an integral (the Commerce Control List), Category ‘‘component’’ of a commercial primary or 9A116 Reentry vehicles, usable in 9—Aerospace and Propulsion, Export standby instrument system of the type ‘‘missiles,’’ and equipment designed or modified therefor. (These items are Control Classification Number (ECCN) described in ECCN 7A994, or aircraft of the ‘‘subject to the ITAR.’’ See 22 CFR parts 9A980 is amended: type described in ECCN 9A991 that 120 through 130.) ■ a. By revising the heading; and incorporates such a system, or is exported ■ b. By adding a heading Note to read solely for integration into such a system; or ■ 264. In Supplement No. 1 to part 774 as follows: the QRS11–00050–443/569 is integrated (the Commerce Control List), Category into an automatic flight control system of 9A980 Nonmilitary mobile crime science the type described in ECCN 7A994, or 9—Aerospace and Propulsion, Export laboratories; and accessories, n.e.s. Control Classification Number (ECCN) aircraft of the type described in ECCN Heading Note: In order for a vehicle to be 9A991 that incorporates such a system, or 9A117 is amended by revising the classified as a nonmilitary mobile crime are exported solely for integration into heading to read as follows: scene laboratory under ECCN 9A980, the such a system. (See Commodity 9A117 Staging mechanisms, separation vehicle must contain one or more analytical Jurisdiction requirements in 22 CFR Part mechanisms, and interstages therefor, or laboratory items controlled for Crime 121; Category VIII(e), Note(1)) In the latter usable in ‘‘missiles’’. (These items are Control (CC) reasons on the CCL, such as case, such items are subject to the EAR. ‘‘subject to the ITAR.’’ See 22 CFR parts ECCNs 3A980 and 3A981. Technology specific to the development 120 through 130.) * * * * * and production of QRS11 sensors remains ■ ‘‘subject to the ITAR’’ (see 22 CFR parts 265. In Supplement No. 1 to part 774 ■ 269. In Supplement No. 1 to part 774 120 through 130). (the Commerce Control List), Category (the Commerce Control List), Category 9—Aerospace and Propulsion, Export * * * * * 9—Aerospace and Propulsion, Export Items: Control Classification Number (ECCN) Control Classification Number (ECCN) 9A118 is amended by revising the 9A990 is amended: * * * * * heading to read as follows: ■ a. By revising the heading; and b. Aircraft n.e.s.; c. Aero gas turbine engines, and ‘‘parts’’ 9A118 Devices to regulate combustion ■ b. By revising ‘‘items’’ paragraphs b and ‘‘components’’ ‘‘specially designed’’ usable in engines which are usable in and c in the List of Items Controlled therefor. rockets, missiles, and unmanned aerial section to read as follows: vehicles capable of achieving a ‘‘range’’ * * * * * equal to or greater than 300 km, 9A990 Diesel engines, n.e.s., and tractors d. ‘‘Parts’’ and ‘‘components’’ ‘‘specially controlled by 9A011 or 9A111. (These and ‘‘specially designed’’ ‘‘parts’’ and designed’’ for ‘‘aircraft’’ subject to the items are ‘‘subject to the ITAR.’’ See 22 ‘‘components’’ therefor, n.e.s. (see List of controls of ECCN 9A991.a or .b., n.e.s. CFR parts 120 through 130.) Items Controlled). e. Pressurized aircraft breathing * * * * * equipment, n.e.s.; and ‘‘parts’’ and ■ 266. In Supplement No. 1 to part 774 ‘‘components’’ ‘‘specially designed’’ therefor, (the Commerce Control List), Category List of Items Controlled n.e.s. 9—Aerospace and Propulsion, Export * * * * * ■ Control Classification Number (ECCN) Items: 271. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9A119 is amended by revising the * * * * * heading to read as follows: b. Off highway wheel tractors of carriage 9—Aerospace and Propulsion, Export Control Classification Number (ECCN) 9A119 Individual rocket stages, usable in capacity 9 mt (20,000 lbs) or more; and ‘‘major components’’ and accessories, n.e.s. 9B001 is amended: rockets with a range capability greater ■ a. By revising the ‘‘MT’’ entry in the than 300 km or greater, other than those c. On-Highway tractors, with single or controlled by 9A005, 9A007, 9A009, tandem rear axles rated for 9 mt per axel License Requirements table; and 9A105, 9A107 and 9A109. (These items (20,000 lbs.) or greater and ‘‘specially ■ c. By revising the ‘‘Related Controls’’ are ‘‘subject to the ITAR.’’ See 22 CFR designed’’ ‘‘major components’’. paragraph in the List of Items Controlled parts 120 through 130.) * * * * * section to read as follows:

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9B001 Equipment, tooling and fixtures, a. ‘‘Specially designed’’ for the ■ 275. In Supplement No. 1 to part 774 ‘‘specially designed’’ for manufacturing ‘‘development’’ of gas turbine engines, (the Commerce Control List), Category gas turbine blades, vanes or ‘‘tip assemblies, ‘‘parts’’ or ‘‘components’’; and 9—Aerospace and Propulsion, Export shroud’’ castings, as follows (see List of * * * * * Control Classification Number (ECCN) Items Controlled). 9B009 is amended: ■ 273. In Supplement No. 1 to part 774 License Requirements ■ a. By revising the heading; and (the Commerce Control List), Category ■ b. By revising the ‘‘Related Controls’’ Reason for Control: *** 9—Aerospace and Propulsion, Export paragraph in the List of Items Controlled Control Classification Number (ECCN) Control(s) Country chart section to read as follows: 9B003 is amended: ■ a. By revising the heading; and 9B009 Tooling ‘‘specially designed’’ for ***** ■ b. By revising the ‘‘MT’’ entry in the producing turbine engine powder MT applies to equip- MT Column 1 License Requirements table to read as metallurgy rotor ‘‘parts’’ or ‘‘components’’ capable of operating at ment for engines follows: controlled under stress levels of 60% of Ultimate Tensile 9B003 Equipment ‘‘specially designed’’ for Strength (UTS) or more and metal 9A001 for MT rea- ≥ sons and for en- the ‘‘production’’ or test of gas turbine temperatures of 873 K (600 C) or more. gines controlled brush seals designed to operate at tip * * * * * under 9A101. speeds exceeding 335 m/s, and temperatures in excess of 773 K (500 ≥C), List of Items Controlled ***** and ‘‘specially designed’’ ‘‘components’’ * * * * * or ‘‘accessories’’ therefor. Related Controls: See ECCN 9B002. * * * * * License Requirements * * * * * List of Items Controlled ■ 276. In Supplement No. 1 to part 774 * * * * * Reason for Control: *** Related Controls: For ‘‘specially designed’’ (the Commerce Control List), Category 9– Aerospace and Propulsion, Export production equipment of systems, sub- Control(s) Country chart systems, ‘‘parts’’ and ‘‘components’’ Control Classification Number (ECCN) controlled by 9A005 to 9A009, 9A011, 9B010 is amended by adding quotes 9A101, 9A105 to 9A109, 9A111, and ***** around the term components in the 9A116 to 9A119 usable in ‘‘missiles’’ see MT applies to equip- MT Column 1 heading. 9B115. See also 9B991. ment for engines ■ 277. In Supplement No. 1 to part 774 * * * * * controlled under (the Commerce Control List), Category ■ 272. In Supplement No. 1 to part 774 9A001 for MT rea- 9—Aerospace and Propulsion, Export sons and for en- (the Commerce Control List), Category Control Classification Number (ECCN) 9—Aerospace and Propulsion, Export gines controlled under 9A101. 9B115 is amended: Control Classification Number (ECCN) ■ a. By revising the heading; and 9B002 is amended: ***** ■ b. By revising the ‘‘Related Controls’’ ■ a. By revising the heading; paragraph in the List of Items Controlled ■ b. By revising the ‘‘MT’’ entry in the * * * * * section to read as follows: License Requirements table; and ■ 274. In Supplement No. 1 to part 774 ■ c. By revising ‘‘items’’ paragraph a in 9B115 ‘‘Specially designed’’ ‘‘production (the Commerce Control List), Category the List of Items Controlled section to equipment’’ for the systems, sub- 9—Aerospace and Propulsion, Export systems, ‘‘parts’’ and ‘‘components’’ read as follows: Control Classification Number (ECCN) controlled by 9A004 to 9A009, 9A011, 9B002 On-line (real time) control systems, 9B004 is amended by revising the ‘‘MT’’ 9A101, 9A103 to 9A109, 9A111, 9A116 instrumentation (including sensors) or entry in the License Requirements table to 9A119. automated data acquisition and to read as follows: * * * * * processing equipment, having all of the following (see List of Items Controlled). 9B004 Tools, dies or fixtures, for the solid List of Items Controlled state joining of ‘‘superalloy’’, titanium or * * * * * License Requirements intermetallic airfoil-to-disk Related Controls: Although items described combinations described in 9E003.a.3 or in ECCNs 9A004 to 9A009, 9A011, 9A101, Reason for Control: *** 9E003.a.6 for gas turbines. 9A104 to 9A109; 9A111, 9A116 to 9A119 are ‘‘subject to the ITAR’’ (see 22 CFR parts Control(s) Country chart License Requirements 120 through 130), the ‘‘production equipment’’ controlled in this entry that is Reason for Control: *** related to these items is subject to the EAR. ***** * * * * * MT applies to equip- MT Column 1 Control(s) Country chart ment for engines ■ 278. In Supplement No. 1 to part 774 controlled under (the Commerce Control List), Category 9A001 for MT rea- ***** 9—Aerospace and Propulsion, Export MT applies to equip- MT Column 1 sons and for en- Control Classification Number (ECCN) gines controlled ment for engines under 9A101. controlled under 9B116 is amended: 9A001 for MT rea- ■ a. By revising the heading; and ***** sons and for en- ■ b. By revising the ‘‘Related Controls’’ gines controlled paragraph in the List of Items Controlled * * * * * under 9A101. section to read as follows: List of Items Controlled ***** 9B116 ‘‘Specially designed’’ ‘‘production * * * * * facilities’’ for the systems, sub-systems, Items: * * * * * ‘‘parts’’ and ‘‘components’’ controlled by

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9A004 to 9A009, 9A011, 9A012, 9A101, 9B990 is amended by revising the equipment or ‘‘technology’’ ‘‘subject to the 9A103 to 9A109, 9A111, 9A116 to heading to read as follows: ITAR’’ is also ‘‘subject to the ITAR’’ (see 22 9A119. CFR parts 120 through 130). 9B990 Vibration test equipment and * * * * * ‘‘specially designed’’ ‘‘parts’’ and * * * * * List of Items Controlled ‘‘components,’’ n.e.s. ■ 285. In Supplement No. 1 to part 774 * * * * * * * * * * (the Commerce Control List), Category Related Controls: Although items described ■ 282. In Supplement No. 1 to part 774 9—Aerospace and Propulsion, Export in ECCNs 9A004 to 9A009, 9A011, 9A101, Control Classification Number (ECCN) 9A104 to 9A109; 9A111, 9A116 to 9A119 (the Commerce Control List), Category 9– Aerospace and Propulsion, Export 9D003 is amended by revising the are ‘‘subject to the ITAR’’ (see 22 CFR parts ‘‘Related Controls’’ paragraph (2) in the 120 through 130), the ‘‘production Control Classification Number (ECCN) equipment’’ controlled in this entry that is 9B991 is amended by revising the List of Items Controlled section to read related to these items is subject to the EAR. heading to read as follows: as follows: * * * * * 9B991 ‘‘Specially designed’’ equipment, 9D003 ‘‘Software’’ incorporating ‘‘technology’’ specified by 9E003.h and ■ 279. In Supplement No. 1 to part 774 tooling or fixtures, not controlled by 9B001, as described in the List of Items used in ‘‘FADEC Systems’’ for (the Commerce Control List), Category Controlled, for manufacturing or propulsion systems controlled by 9A 9– Aerospace and Propulsion, Export measuring gas turbine blades, vanes or tip (except 9A018, 9A990 or 9A991) or Control Classification Number (ECCN) shroud castings as follows (see List of equipment controlled by 9B (except 9B610 as added April 16, 2013, at 78 FR Items Controlled). 9B990 or 9B991). 22732, effective October 15, 2013, is * * * * * * * * * * amended by revising the ‘‘Related List of Items Controlled Controls’’ paragraph in the List of Items ■ 283. In Supplement No. 1 to part 774 * * * * * Controlled section to read as follows: (the Commerce Control List), Category 9—Aerospace and Propulsion, Export Related Controls: * * * (2) ‘‘Software’’ 9B610 Test, inspection, and production ‘‘required’’ for the ‘‘use’’ of equipment or ‘‘equipment’’ and related commodities Control Classification Number (ECCN) ‘‘technology’’ ‘‘subject to the ITAR’’ is also ‘‘specially designed’’ for the 9D001 is amended by revising the ‘‘subject to the ITAR’’ (see 22 CFR parts ‘‘development’’ or ‘‘production’’ of ‘‘Related Controls’’ paragraph in the List 120 through 130). commodities enumerated in ECCN of Items Controlled section to read as * * * * * 9A610 or USML Category VIII. follows: ■ * * * * * 9D001 ‘‘Software’’ ‘‘specially designed’’ or 286. In Supplement No. 9 to part 774 modified for the ‘‘development’’ of (the Commerce Control List), Category List of Items Controlled equipment or ‘‘technology,’’ controlled by 9—Aerospace and Propulsion, Export * * * * * 9A (except 9A018, 9A990 or 9A991), 9B Control Classification Number (ECCN) Related Controls: USML Category VIII (h)(1) (except 9B990 or 9B991) or 9E003. 9D004 is amended by revising ‘‘items’’ controls parts, components, accessories, paragraphs b and e to read as follows: equipment, and attachments specially * * * * * designed for various models of stealth and List of Items Controlled 9D004 Other ‘‘software’’ as follows (see List low observable aircraft. * * * * * of Items Controlled). * * * * * Related Controls: (1) ‘‘Software’’ ‘‘required’’ * * * * * ■ for the ‘‘development’’ of items controlled List of Items Controlled 280. In Supplement No. 1 to part 774 by 9A004 is ‘‘subject to the ITAR’’ (see 22 (the Commerce Control List), Category CFR parts 120 through 130). (2) ‘‘Software’’ * * * * * 9– Aerospace and Propulsion, Export ‘‘required’’ for the ‘‘development’’ of Items: Control Classification Number (ECCN) equipment or ‘‘technology’’ ‘‘subject to the * * * * * 9B619 as added April 16, 2013, at 78 FR ITAR’’ is also ‘‘subject to the ITAR’’ (see 22 b. ‘‘Software’’ for testing aero gas turbine 22732, effective October 15, 2013, is CFR parts 120 through 130). engines, assemblies, ‘‘parts’’ or amended by revising the ‘‘Related * * * * * ‘‘components,’’ ‘‘specially designed’’ to Controls’’ paragraph in the List of Items collect, reduce and analyze data in real time ■ Controlled section to read as follows: 284. In Supplement No. 1 to part 774 and capable of feedback control, including (the Commerce Control List), Category the dynamic adjustment of test articles or test 9B619 Test, inspection, and production 9—Aerospace and Propulsion, Export conditions, as the test is in progress; ‘‘equipment’’ and related commodities Control Classification Number (ECCN) * * * * * ‘‘specially designed’’ for the e. ‘‘Software’’ ‘‘specially designed’’ or ‘‘development’’ or ‘‘production’’ of 9D002 is amended by revising the modified for the operation of ‘‘UAVs’’ and commodities enumerated in ECCN 9A619 ‘‘Related Controls’’ paragraph in the List associated systems, equipment, or USML Category XIX. of Items Controlled section to read as follows: ‘‘components,’’ controlled by 9A012; * * * * * * * * * * 9D002 ‘‘Software’’ ‘‘specially designed’’ or List of Items Controlled modified for the ‘‘production’’ of ■ 287. In Supplement No. 1 to part 774 * * * * * equipment controlled by 9A (except (the Commerce Control List), Category Related Controls: USML Category XIX (f)(1) 9A018, 9A990, or 9A991) or 9B (except 9—Aerospace and Propulsion, Export controls parts, components, accessories, 9B990 or 9B991). Control Classification Number (ECCN) equipment, and attachments specially * * * * * designed for various models of stealth and 9D103 is amended by revising the low observable aircraft. List of Items Controlled heading to read as follows: * * * * * * * * * * 9D103 ‘‘Software’’ ‘‘specially designed’’ for Related Controls: (1) ‘‘Software’’ ‘‘required’’ modelling, simulation or design ■ 281. In Supplement No. 1 to part 774 for the ‘‘production’’ of items controlled by integration of ‘‘missiles,’’ or the (the Commerce Control List), Category 9A004 is ‘‘subject to the ITAR’’ (see 22 CFR subsystems controlled by 9A005, 9A007, 9– Aerospace and Propulsion, Export parts 120 through 130). (2) ‘‘Software’’ 9A009, 9A105, 9A106, 9A107, 9A108, Control Classification Number (ECCN) ‘‘required’’ for the ‘‘production’’ of 9A109, 9A116 or 9A119. (This entry is

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‘‘subject to the ITAR.’’ See 22 CFR parts the ITAR’’ (see 22 CFR parts 120 through commercial application either on a case- 120 through 130.) 130). by-case basis through submission of documentation demonstrating application ■ * * * * * 288. In Supplement No. 1 to part 774 to a commercial program in requesting an (the Commerce Control List), Category ■ 291. In Supplement No. 1 to part 774 export license from the Department 9—Aerospace and Propulsion, Export (the Commerce Control List), Category Commerce in respect to a specific export, Control Classification Number (ECCN) 9—Aerospace and Propulsion, Export or in the case of use for broad categories 9D104 is amended: Control Classification Number (ECCN) of aircraft, engines, ‘‘parts’’ or ■ ‘‘components,’’ a commodity jurisdiction a. By revising the heading; and 9E002 is amended by revising the ■ b. By revising the ‘‘Related Controls’’ determination from the Department of ‘‘Related Controls’’ paragraphs (3) and State. paragraph in the List of Items Controlled (4) in the List of Items Controlled section to read as follows: * * * * * section to read as follows: Items: 9D104 ‘‘Software’’ ‘‘specially designed’’ or 9E002 ‘‘Technology’’ according to the a. ‘‘Technology’’ ‘‘required’’ for the modified for the ‘‘use’’ of equipment General Technology Note for the ‘‘development’’ or ‘‘production’’ of any of the controlled by 9A001, 9A005, 9A006, ‘‘production’’ of equipment controlled following gas turbine engine ‘‘parts,’’ 9A007, 9A008, 9A009, 9A010, 9A011, by 9A001.b, 9A004 to 9A011 or 9B ‘‘components’’ or systems: 9A012 (for MT controlled items only), (except 9B990 or 9B991). 9A101, 9A105, 9A106.c, .d and .e, * * * * * 9A107, 9A108, 9A109, 9A111, 9A115, * * * * * a.3. ‘‘Parts’’ or ‘‘components’’ manufactured from any of the following: 9A116, 9A117, or 9A118. List of Items Controlled * * * * * * * * * * * * * * * a.4. Uncooled turbine blades, vanes, ‘‘tip Related Controls: * * * (3) The ‘‘technology’’ List of Items Controlled shrouds’’ or other ‘‘parts’’ or ‘‘components,’’ required for the ‘‘development’’ of designed to operate at gas path total * * * * * equipment controlled by 9A004 is ‘‘subject (stagnation) temperatures of 1,323 K Related Controls: ‘‘Software’’ for to the ITAR’’ (see 22 CFR parts 120 through (1,050°C) or more at sea-level static take-off commodities controlled by 9A005 to 130). (4) ‘‘Technology,’’ required for the (ISA) in a ‘steady state mode’ of engine 9A011, 9A105, 9A106.c, 9A107 to 9A109, ‘‘development’’ of equipment or ‘‘software’’ operation; 9A111, 9A115, 9A116, 9A117, and 9A118 ‘‘subject to the ITAR,’’ is also ‘‘subject to is ‘‘subject to the ITAR’’ (see 22 CFR parts the ITAR’’ (see 22 CFR parts 120 through * * * * * 120 through 130). 130). a.7. Gas turbine engine ‘‘parts’’ or * * * * * ‘‘components’’ using ‘‘diffusion bonding’’ * * * * * ‘‘technology’’ controlled by 2E003.b; ■ 289. In Supplement No. 1 to part 774 ■ 292. In Supplement No. 1 to part 774 a.8. ‘Damage tolerant’ gas turbine engine (the Commerce Control List), Category (the Commerce Control List), Category rotor ‘‘parts’’ or ‘‘components’’ using powder 9—Aerospace and Propulsion, Export metallurgy materials controlled by 9—Aerospace and Propulsion, Export 1C002.b;or Control Classification Number (ECCN) Control Classification Number (ECCN) 9D105 is amended by revising the Technical Note: ‘Damage tolerant’ ‘‘parts’’ 9E003 is amended: and ‘‘components’’ are designed using heading to read as follows: ■ a. By revising the ‘‘Related Controls’’ methodology and substantiation to predict 9D105 ‘‘Software’’ that coordinates the paragraph in the List of Items Controlled and limit crack growth. function of more than one subsystem, section; ‘‘specially designed’’ or modified for ■ b. By revising the introductory text of * * * * * c. ‘‘Technology’’ ‘‘required’’ for ‘‘use’’ in rockets, missiles, or unmanned ‘‘items’’ paragraphs a and a.3 in the List aerial vehicles capable of achieving a manufacturing cooling holes, in gas turbine ‘‘range’’ equal to or greater than 300 km. of Items Controlled section; engine ‘‘parts’’ or ‘‘components’’ ■ (These items are ‘‘subject to the ITAR.’’ c. By revising ‘‘items’’ paragraphs a.4, incorporating any of the ‘‘technologies’’ See 22 CFR parts 120 through 130.) a.7, a.8, and the ‘‘Technical Note’’ to specified by 9E003.a.1, 9E003.a.2 or paragraph a.8 in the List of Items 9E003.a.5, and having any of the following: ■ 290. In Supplement No. 1 to part 774 Controlled section; * * * * * (the Commerce Control List), Category ■ d. By revising the introductory text of f. ‘‘Technology’’ ‘‘required’’ for the 9—Aerospace and Propulsion, Export ‘‘items’’ paragraph c in the List of Items ‘‘production’’ of ‘‘specially designed’’ ‘‘parts’’ Control Classification Number (ECCN) Controlled section; and or ‘‘components’’ for high output diesel 9E001 is amended by revising the ■ e. By revising ‘‘items’’ paragraphs f engines, as follows: ‘‘Related Controls’’ paragraphs (2) and introductory text, f.1 introductory text, f.1. ‘‘Technology’’ ‘‘required’’ for the (3) in the List of Items Controlled f.1.d, h.1, h.2, i.1, i.2, and j in the List ‘‘production’’ of engine systems having all of section to read as follows: the following ‘‘parts’’ and ‘‘components’’ of Items Controlled section to read as employing ceramics materials controlled by 9E001 ‘‘Technology’’ according to the follows: 1C007: General Technology Note for the 9E003 Other ‘‘technology’’ as follows (see * * * * * ‘‘development’’ of equipment or List of Items Controlled). ‘‘software,’’ controlled by 9A001.b, f.1.d. One or more other ‘‘part’’ or 9A004 to 9A012, 9B (except 9B990 or * * * * * ‘‘component’’ (including exhaust ports, 9B991) or 9D (except 9D990 or 9D991). turbochargers, valve guides, valve assemblies List of Items Controlled or insulated fuel injectors); * * * * * * * * * * h. * * * Related Controls: (1) Hot section h.1. ‘‘Development’’ ‘‘technology’’ for List of Items Controlled ‘‘technology’’ specifically designed, deriving the functional requirements for the * * * * * modified, or equipped for military uses or ‘‘parts’’ or ‘‘components’’ necessary for the Related Controls: * * * (2) The ‘‘technology’’ purposes, or developed principally with ‘‘FADEC system’’ to regulate engine thrust or required for the ‘‘development’’ of U.S. Department of Defense funding, is shaft power (e.g., feedback sensor time equipment controlled by 9A004 is ‘‘subject ‘‘subject to the ITAR’’ (see 22 CFR parts constants and accuracies, fuel valve slew to the ITAR’’ (see 22 CFR parts 120 through 120 through 130). (2) ‘‘Technology’’ is rate); 130). (3) ‘‘Technology,’’ required for the subject to the EAR when actually applied h.2. ‘‘Development’’ or ‘‘production’’ ‘‘development’’ of equipment or ‘‘software’’ to a commercial aircraft engine program. ‘‘technology’’ for control and diagnostic ‘‘subject to the ITAR,’’ is also ‘‘subject to Exporters may seek to establish ‘‘parts’’ or ‘‘components’’ unique to the

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‘‘FADEC system’’ and used to regulate engine 9E101 ‘‘Technology’’ according to the of space launch vehicles specified in thrust or shaft power; General Technology Note for the 9A004, or commodities or software i. * * * ‘‘development,’’ ‘‘production’’ or ‘‘use’’ controlled by 9A005 to 9A012, 9A101, i.1. ‘‘Development’’ ‘‘technology’’ for of commodities or software controlled 9A104 to 9A111, 9A115 to 9A119, deriving the functional requirements for the by 9A012 (for MT controlled 9B105, 9B106, 9B115, 9B116, 9B117, ‘‘parts’’ or ‘‘components’’ that maintain commodities only), 9A101, 9A103 to 9D101, 9D103, 9D104 or 9D105. engine stability; 9A111, 9A115 to 9A119, 9C110, 9D101, i.2. ‘‘Development’’ or ‘‘production’’ 9D103, 9D104 or 9D105. * * * * * ‘‘technology’’ for ‘‘parts’’ or ‘‘components’’ * * * * * List of Items Controlled unique to the adjustable flow path system and that maintain engine stability; List of Items Controlled * * * * * Related Controls: *** * * * * * * * * * * (2) ‘‘Technology’’ controlled by 9E102 for j. ‘‘Technology’’ not otherwise controlled Related Controls: ‘‘Technology’’ controlled in 9E003.a.1 through a.8, a.10, and .h and by 9E101 for items in 9A101.b, 9A104 to commodities or software ‘‘subject to the used in the ‘‘development’’, ‘‘production’’, or 9A111, 9A115 to 9A119, 9D103, and 9D105 ITAR’’ (see 22 CFR parts 120 through 130) in overhaul of hot section ‘‘parts’’ or is ‘‘subject to the ITAR’’ (see 22 CFR parts 9A004 to 9A011, 9A101.b, 9A104, 9A105, ‘‘components’’ of civil derivatives of military 120 through 130). 9A106.a to .c, 9A107 to 9A111, 9A115 to engines controlled on the U.S. Munitions * * * * * 9A119, 9B115, 9B116, 9D103, specified List. software in 9D104, and 9D105 is ‘‘subject to ■ 294. In Supplement No. 1 to part 774 * * * * * the ITAR’’ (see 22 CFR parts 120 through (the Commerce Control List), Category 130). ■ 293. In Supplement No. 1 to part 774 9—Aerospace and Propulsion, Export * * * * * (the Commerce Control List), Category Control Classification Number (ECCN) 9—Aerospace and Propulsion, Export 9E102 is amended by revising the Dated: September 23, 2013. Control Classification Number (ECCN) ‘‘Related Controls’’ paragraph (2) in the Kevin J. Wolf, 9E101 is amended by revising the List of Items Controlled section to read Assistant Secretary for Export ‘‘Related Controls’’ paragraph in the List as follows: Administration. of Items Controlled section to read as 9E102 ‘‘Technology’’ according to the [FR Doc. 2013–23496 Filed 10–3–13; 8:45 am] follows: General Technology Note for the ‘‘use’’ BILLING CODE 3510–33–P

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Reader Aids Federal Register Vol. 78, No. 193 Friday, October 4, 2013

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING OCTOBER

Federal Register/Code of Federal Regulations At the end of each month the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 746...... 61744 Presidential Documents 1 CFR 748...... 61744, 61874 Executive orders and proclamations 741–6000 Proposed Rules: 750...... 61744, 61874 The United States Government Manual 741–6000 51...... 60784 756...... 61744 Other Services 3 CFR 758...... 61744 762...... 61744 741–6020 Electronic and on-line services (voice) Proclamations: 764...... 61744 Privacy Act Compilation 741–6064 9024...... 60177 770...... 61744 Public Laws Update Service (numbers, dates, etc.) 741–6043 9025...... 60179 772...... 61744, 61874 TTY for the deaf-and-hard-of-hearing 741–6086 9026...... 61151 774...... 61744, 61874 9027...... 61803 9028...... 61805 17 CFR ELECTRONIC RESEARCH 9029...... 61807 232...... 60684 9030...... 61809 World Wide Web Proposed Rules: 9031...... 61811 229...... 60560 9032...... 61813 Full text of the daily Federal Register, CFR and other publications 230...... 61222 9033...... 61815 is located at: www.fdsys.gov. 239...... 61222 Federal Register information and research tools, including Public Executive Orders 249...... 60560 Inspection List, indexes, and links to GPO Access are located at: 13652...... 61817 19 CFR www.ofr.gov. 5 CFR 10...... 60191 E-mail 532...... 60181, 60182 24...... 60191 890...... 60653 162...... 60191 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is 2641...... 61153 an open e-mail service that provides subscribers with a digital 163...... 60191 form of the Federal Register Table of Contents. The digital form 7 CFR 178...... 60191 of the Federal Register Table of Contents includes HTML and 205...... 61154 Proposed Rules: PDF links to the full text of each document. 351...... 60240 12 CFR To join or leave, go to http://listserv.access.gpo.gov and select 20 CFR Online mailing list archives, FEDREGTOC-L, Join or leave the list 1002...... 60382 (or change settings); then follow the instructions. 1024...... 60382 718...... 60686 725...... 60686 PENS (Public Law Electronic Notification Service) is an e-mail 1026...... 60382 service that notifies subscribers of recently enacted laws. 13 CFR 22 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 121...... 61114 120...... 61750 and select Join or leave the list (or change settings); then follow 124...... 61114 121...... 61750 the instructions. 125...... 61114 123...... 61750 126...... 61750 FEDREGTOC-L and PENS are mailing lists only. We cannot 126...... 61114 respond to specific inquiries. 127...... 61114 24 CFR Reference questions. Send questions and comments about the 14 CFR 3282...... 60193 Federal Register system to: [email protected] 39 ...... 60182, 60185, 60186, 27 CFR The Federal Register staff cannot interpret specific documents or 60188, 60656, 60658, 60660, regulations. 60667, 60670, 60673, 60676, 9 ...... 60686, 60690, 60693 60679, 60681, 61161, 61164, Reminders. Effective January 1, 2009, the Reminders, including 29 CFR Rules Going Into Effect and Comments Due Next Week, no longer 61168, 61171, 61173, 61177 appear in the Reader Aids section of the Federal Register. This 71...... 60683, 61179 552...... 60454 information can be found online at http://www.regulations.gov. Proposed Rules: 30 CFR 39 ...... 60798, 60800, 60804, CFR Checklist. Effective January 1, 2009, the CFR Checklist no 250...... 60208 longer appears in the Federal Register. This information can be 60807, 61220 found online at http://bookstore.gpo.gov/. 71 ...... 60235, 60236, 60237 31 CFR 73...... 60238 Ch. 11 ...... 60695 FEDERAL REGISTER PAGES AND DATE, OCTOBER 15 CFR 33 CFR 730...... 61744 60177–60652...... 1 732...... 61744 117...... 61180 60653–61152...... 2 734...... 61744, 61874 165 ...... 60216, 60218, 60220, 61153–61802...... 3 736...... 61744 60222, 60698, 61183, 61185 61803–61936...... 4 738...... 61744, 61874 Proposed Rules: 740...... 61744, 61874 165...... 61223 742...... 61744, 61874 743...... 61744 37 CFR 744...... 61744 Ch. I ...... 61185

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40 CFR 489...... 61197 109...... 60755 387...... 60226 49...... 60700 Proposed Rules: 130...... 60745 392...... 60226 52 ...... 60225, 60704, 61188 121...... 60810 171...... 60745 Proposed Rules: 81...... 60704 172...... 60745 44 CFR Ch. VI...... 61251 180 ...... 60707, 60709, 60715, 173 ...... 60745, 60763, 60766 60720 Proposed Rules: 174...... 60745 300...... 60721 206...... 61227 177...... 60745 50 CFR 178...... 60745 Proposed Rules: 47 CFR 17 ...... 60608, 60766, 61004, 300...... 60809 179...... 60745 61208, 61452, 61506 87...... 61203 180...... 60745 229...... 61821 42 CFR Proposed Rules: 350...... 60226 622...... 61826, 61827 381...... 60226 412...... 61191, 61197 64...... 61250 648...... 61828, 61838 413...... 61202 73...... 61251 383...... 60226 424...... 61202 384...... 60226 Proposed Rules: 482...... 61197 49 CFR 385...... 60226 17 ...... 60813, 61046, 61082, 485...... 61197 107...... 60726, 60745 386...... 60226 61273, 61293, 61622, 61764

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in today’s List of Public enacted public laws. To Laws subscribe, go to http:// LIST OF PUBLIC LAWS Public Laws Electronic listserv.gsa.gov/archives/ Last List September 23, 2013 Notification Service publaws-l.html (PENS) Note: No public bills which Note: This service is strictly have become law were for E-mail notification of new received by the Office of the PENS is a free electronic mail laws. The text of laws is not Federal Register for inclusion notification service of newly available through this service. PENS cannot respond to specific inquiries sent to this address.

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