Control of Firearms, Guns, Ammunition and Related Articles the President Determines No Longer Warrant Control Under the United States Munitions List (USML)
| Citation | 86 FR 46590 |
| Published date | 19 August 2021 |
| Record Number | 2021-17647 |
| Section | Rules and Regulations |
| Court | Industry And Security Bureau |
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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
List of Subjects in 10 CFR 431
Administrative practice and
procedure, Confidential business
information, Energy conservation,
Incorporation by reference,
Intergovernmental relations, Reporting
and recordkeeping requirements, Small
businesses.
Signing Authority
This document of the Department of
Energy was signed on August 13, 2021,
by Kelly Speakes-Backman, Principal
Deputy Assistant Secretary and Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy, pursuant to
delegated authority from the Secretary
of Energy. That document with the
original signature and date is
maintained by DOE. For administrative
purposes only, and in compliance with
requirements of the Office of the Federal
Register, the undersigned DOE Federal
Register Liaison Officer has been
authorized to sign and submit the
document in electronic format for
publication, as an official document of
the Department of Energy. This
administrative process in no way alters
the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on August 13,
2021.
Treena V. Garrett,
Federal Register Liaison Officer, U.S.
Department of Energy.
For the reasons set forth in the preamble,
DOE amends part 431 of chapter II,
subchapter D, of title 10 of the Code of
Federal Regulations, as set forth below:
PART 431—ENERGY EFFICIENCY
PROGRAM FOR CERTAIN
COMMERCIAL AND INDUSTRIAL
EQUIPMENT
■1. The authority citation for part 431
continues to read as follows:
Authority: 42 U.S.C. 6291–6317; 28 U.S.C.
2461 note.
■2. Add subpart J to read as follows:
Subpart J—Fans and Blowers
Sec.
431.171 Purpose and scope.
431.172 Definition.
431.173–431.176 [Reserved].
Subpart J—Fans and Blowers
§ 431.171 Purpose and scope.
This subpart contains provisions
regarding fans and blowers, pursuant to
Part C of Title III of the Energy Policy
and Conservation Act, as amended, 42
U.S.C. 6311–6317. This subpart does not
cover ‘‘ceiling fans’’ as that term is
defined and addressed in part 430 this
chapter, nor does it cover ‘‘furnace fans’’
as that term is defined and addressed in
part 430 of this chapter.
§ 431.172 Definition.
Fan or blower means a rotary bladed
machine used to convert electrical or
mechanical power to air power, with an
energy output limited to 25 kilojoule
(kJ)/kilogram (kg) of air. It consists of an
impeller, a shaft and bearings and/or
driver to support the impeller, as well
as a structure or housing. A fan or
blower may include a transmission,
driver, and/or motor controller.
§§ 431.173–431.176 [Reserved].
[FR Doc. 2021–17715 Filed 8–18–21; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 740, 742, 743, 748, 758,
and 774
[Docket No. 210810–0160]
RIN 0694–AF47
Control of Firearms, Guns,
Ammunition and Related Articles the
President Determines No Longer
Warrant Control Under the United
States Munitions List (USML)
AGENCY
: Bureau of Industry and
Security, Department of Commerce.
ACTION
: Final rule; technical corrections.
SUMMARY
: On January 23, 2020, the
Department of Commerce published a
final rule in conjunction with a
Department of State final rule to revise
Categories I (firearms, close assault
weapons and combat shotguns), II (guns
and armaments), and III (ammunition/
ordnance) of the United States
Munitions List (USML) and transfer
items that no longer warrant control on
the USML in the International Traffic in
Arms Regulations (ITAR) to the
Commerce Control List (CCL). This final
rule makes corrections and clarifications
to the January 23 rule. The changes
made in this final rule are intended to
make the requirements easier to
understand, interpreted consistently,
and in accordance with the intent of the
Commerce January 23 rule.
DATES
: This rule is effective September
20, 2021.
FOR FURTHER INFORMATION CONTACT
:
Steven Clagett, Office of
Nonproliferation Controls and Treaty
Compliance, Nuclear and Missile
Technology Controls Division, tel. (202)
482–1641 or email steven.clagett@
bis.doc.gov.
SUPPLEMENTARY INFORMATION
:
Background
On January 23, 2020, the Department
of Commerce published the final rule,
Control of Firearms, Guns, Ammunition
and Related Articles the President
Determines No Longer Warrant Control
Under the United States Munitions List
(USML) (85 FR 4136) (referred to
henceforth as the ‘‘Commerce January
23 rule’’) in conjunction with a
Department of State final rule to revise
Categories I, II, and III of the USML in
the ITAR (85 FR 3819) (referred to
henceforth as the ‘‘State January 23
rule’’). The Department of Commerce in
issuing the January 23 rule described
how articles the President determined
no longer warrant control under USML
Category I—Firearms, Close Assault
Weapons and Combat Shotguns;
Category II—Guns and Armament; and
Category III—Ammunition/Ordnance
were to be controlled on the CCL of the
Export Administration Regulations
(EAR). The Commerce January 23 rule
was published in conjunction with the
State January 23 rule, issued by the
Department of State, Directorate of
Defense Trade Controls (DDTC),
completing the initial review of the
USML that began in 2011 and making
conforming changes to the EAR to
control these items on the Commerce
Control List (CCL).
This final rule makes certain
corrections and clarifications for the
changes made in the Commerce January
23 rule. These changes are made to
improve understanding of the 0x5zz
Export Control Classification Numbers
(ECCNs) for items that transitioned from
USML Categories I and III to the CCL
and to the associated control structure
added to the EAR. These changes are
informed by BIS’s experience of
licensing, classifying, and enforcing the
export control requirements specific to
these items. These changes are also
informed by BIS’s experience of
conducting outreach and answering
questions from the public on the
changes made to the EAR in the
Commerce January 23 rule. The changes
made in this final rule are intended to
make the requirements easier to
understand, provide for consistent
interpretation, and ensure the
requirements are in accordance with the
intent of the Commerce January 23 rule.
Corrections and Clarifications
In § 740.9(b) (Exports of items
temporarily in the United States), this
final rule removes the last sentence of
the introductory text of paragraph (b)(1)
and adds that same sentence as
introductory text to paragraph (b). This
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sentence applies to all of paragraph (b),
and so needed to be placed in the
introductory text of paragraph (b)
instead of paragraph (b)(1) to clarify the
scope of its application.
In § 742.17 (Exports of firearms to
OAS member countries), this final rule
revises the cross reference to
§ 748.12(d)(4) by updating that to
reference paragraph (d)(3) instead of
(d)(4). Paragraph (d)(4) does not exist
and paragraph (d)(3) is what is intended
in the described cross reference to
§ 748.12.
In § 743.4 (Conventional arms
reporting), this final rule removes the
penultimate sentence of paragraph (a).
This final rule removes this sentence to
conform with the clarification made to
§ 758.1(g)(4)(ii) that this requirement
only applies when a filer is following
the alternative submission method for
conventional arms reporting.
In § 743.4, this final rule revises the
second sentence of paragraph (h) to
remove the phrase ‘six character ECCN
classification (i.e., 0A501.a or 0A501.b)’
and adds in its place the phrase ‘items
paragraph classification (i.e., .a, or .b)
for ECCN 0A501.’ This change is made
to conform with the change made to
§ 758.1(g)(4)(ii) to reduce the number of
characters to be included in the
Commodity description block to
identify ECCN 0A501.a or .b firearms
under the alternative submission
method under paragraph (h).
In § 748.12 (Firearms import
certificate or import permit), this final
rule revises paragraph (b)(1) by
removing the reference to supplement
no. 6 to part 748. Previously, the second
parenthetical phrase in paragraph (b)(1)
caused confusion for some exporters by
incorrectly referencing supplement no.
6, which is reserved. To avoid this
confusion, this final rule clarifies
§ 748.12(b)(1) by removing the
parenthetical phrase that refers to
supplement no. 6 to part 748. As an
additional conforming change, in
supplement no. 6 to part 748, this final
rule revises the supplement to remove
the heading and bracketed text to avoid
confusion for some exporters. This
change is made to supplement no. 6 to
part 748 because the heading and
bracketed text is unnecessary for a
reserved supplement. However, because
part 748 includes supplement nos. 7 to
9, this final rule continues to reserve
supplement no. 6, as a placeholder for
future use.
In § 748.12(d) (Procedures for using
document with license application), this
final rule revises paragraph (d)(3) to add
a new Note 2. New Note 2 clarifies that
license applications for exports and
reexports to an Organization of
American States (OAS) member country
must include the initial Inter-American
Convention Against the Illicit
Manufacturing of and Trafficking in
Firearms, Ammunition, Explosives, and
other Related Materials (Firearms
Convention) (FC) Import Certificate.
This note also clarifies that all BIS
licenses for ECCNs 0A501 and 0A505
commodities will include a standard
rider that requires that the applicant/
exporter have a current FC Import
Certificate on file prior to export. The
note clarifies that while FC Import
Certificates are usually valid for 1 year,
BIS licenses are valid for 4 years. This
clarification addresses a common
question that BIS has received regarding
the validity period of FC Import
Certificates as compared to the validity
period of BIS licenses. This note
clarifies that it is the responsibility of
the exporter to have a current copy of
the FC import certificate prior to making
an export under the authorization of the
license.
Also in § 748.12(e) (Requirement to
obtain an import certificate or permit for
other than OAS member states), this
final rule adds a new Note 3 to
paragraph (e)(3). New Note 3 clarifies
the requirements for BIS license
applications for ECCNs 0A501 and
0A505 commodities when the license
application is not for exports to an OAS
country. Note 3 clarifies that license
applicants for exports and reexports to
countries requiring that a government-
issued certificate or permit be obtained
prior to importing the commodity must
have the initial government-issued
certificate or permit prior to any export
under BIS license. Note 3, similar to
Note 2, notes the usual, shorter validity
periods of government-issued certificate
or permit compared to the four year
validity period of BIS licenses and
clarifies that the applicant/exporter
must have a current government-issued
certificate or permit on file prior to
export under the license. The rider
included on these licenses also
addresses the scenario where if
subsequently a foreign government
decides a government issued certificate
or permit is required, the existing
license would already take that into
account and require the exporter or
reexporter to obtain the government-
issued certificate or permit prior to
making the export or reexport. Lastly, as
a conforming change, this final rule
redesignates Note 2 to paragraph (e) as
Note 4 to paragraph (e).
In § 758.1 (The electronic export
information (EEI) filing to the automated
export system (AES)), this final rule
revises paragraph (g)(4)(ii) (Identifying
end item firearms by ‘‘items’’ level
classification or other control descriptor
in the EEI filing in AES), to make two
clarifications. The first change clarifies
that the requirement in paragraph
(g)(4)(ii) is only applicable when an
exporter will use the alternative
submission method under § 743.4(h) for
conventional arms reporting. BIS is
making this change in response to
questions from the public asking for
clarification because they prefer using
the standard method under § 743.4(h)
or, as a result of how their software
systems are set up for filing EEI in AES,
that meeting the requirement under
paragraph (g)(4)(ii) is not possible. This
clarification will make it clear that
when relying on the standard method,
this additional EEI filing requirement in
AES is not applicable. The second
clarification that BIS makes is to shorten
the text required in the commodity
description block in the EEI filing in
AES. Instead of requiring the six
character ECCN classification (i.e.,
0A501.a or 0A501.b), or, for shotguns
controlled under 0A502, the phrase
‘0A502 barrel length less than 18
inches,’ filers will now be required,
when relying on the alternative
submission method, to insert ‘.a’ or ‘.b’
for 0A501, or ‘SB’ instead of ‘0A502
barrel length less than 18 inches’’ in the
commodity description block in the EEI
filing in AES. This change is possible
because the ECCN is already included in
another block in the EEI filing in AES.
BIS can therefore shorten the required
text, which will assist filers by
eliminating problems related to the
limited number of characters allowed in
the commodity description block, while
continuing to allow BIS to identify the
items as firearms and shotguns in the
AES data.
In ECCN 0A018, this final rule
removes the ECCN. No items are
currently in this ECCN 0A018, so this
change is limited to removing the
heading and the cross reference to
0A505 for ‘‘parts’’ and ‘‘components’’
for ammunition that, immediately prior
to March 9, 2020, were classified under
0A018.b. Because the January 23 rule
has been effective for over one year, this
cross reference is no longer needed.
In ECCN 0A501, this final rule makes
thirteen changes to the control text for
clarity. These changes include adding
additional notes and technical notes, as
well as other clarifications to the text to
make the control parameters easier to
understand and, therefore, interpreted
consistently. These corrections and
clarifications to 0A501 are described as
follows:
This final rule adds a new Technical
Note to 0A501.a. This technical note
clarifies that the non-automatic and
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semi-automatic firearms described in
0A501 includes those chambered for the
Browning Machine Gun (BMG)
cartridge.
This final rule revises 0A501.c to add
the term ‘striker’ after the term
‘hammers’ in two places to indicate that
the term is synonymous for purposes of
this control parameter.
This final rule adds a new Technical
Note to 0A501.c to clarify that barrel
blanks that have reached a stage in
manufacturing in which they are either
chambered or rifled are controlled by
0A501.c.
This final rule revises 0A501.d to
remove the phrase ‘greater than 16
rounds’ and add in its place the phrase
‘17 to 50 rounds’ for clarity.
This final rule revises Note 2 to
0A501.d to add a cross reference to the
USML to specify that magazines with a
capacity greater than 50 rounds are
controlled under USML Category I.
This final rule adds a new Note 3 to
0A501.e. This note clarifies that the
term ‘frames (receivers)’ as used under
0A501.e refers to any ‘‘part’’ or
‘‘component’’ of the firearm that has or
normally has a serial number when
required by law. This new note also
clarifies that the scope of 0A501.e for
frames (receivers) is synonymous with a
‘‘part’’ or ‘‘component’’ that ATF
regulates as a ‘‘firearm.’’
This final rule revises ECCN
0A501.y.1 by adding a parenthetical
phrase after the term stocks to clarify
that stocks include adjustable,
collapsible, blades and braces. This final
rule also adds the terms ‘handguards’
and ‘forends’ to ECCN 0A501.y.1 to
clarify that stocks also include the
handguard and the forend. Both of these
amendments to ECCN 0A501.y.1 are
clarifications, not additions to the
parameters of the items controlled
under the entry. As a conforming
change to the addition of striker to
ECCN 0A501.c, this final rule adds the
term ‘striker’ after the term ‘hammers’ in
the parenthetical phrase for the
exclusions from 0A501.y.1.
This final rule removes and reserves
ECCN 0A501.y.2 to .y.5. This change is
made because the vast majority of items
that would otherwise meet the control
parameters under 0A501.y.2 to y.5 were
subject to the EAR prior to March 9,
2020 (the effective date of the
Commerce January 23 rule) and are
designated as EAR99 on the basis of
paragraph (b)(1) of ‘‘specially designed.’’
Based on BIS official classifications
since January 23, 2020, no additional
commodities have been identified that
would warrant keeping these
commodities in 0A501.y. Therefore, the
items that are controlled under ECCN
0A501.y.2 to y.5 are those commodities
that meet the control parameters and
were moved to the EAR on March 9,
2020. However, the items identified as
being classified under 0A501.y.2 to y.5
since January 23, 2020 have not
substantively differed from the other
items that were previously subject to the
EAR and designated as EAR99. In
addition, trying to keep track of which
commodities are designated EAR99 and
which are controlled in 0A501.y.2 to y.5
has created unneeded burdens on
industry and the U.S. Government, so it
is warranted to remove these .y
paragraphs and treat these commodities
all as EAR99.
This final rule adds a Technical note
2 to 0A501 to specify that for purposes
of 0A501.e, receivers incorporating any
other controlled ‘‘part’’ or ‘‘component,’’
such as a barrel under 0A501.c, remain
controlled under 0A501.e. BIS has
received questions from the public on
the applicability of 0A501.e when a
receiver incorporates a ‘‘part’’ or
‘‘component’’ from one of the items
captured under other 0A501 paragraphs.
This new Technical Note 2 to 0A501
will make the relationship between the
different items under 0A501 clear.
This final rule revises Note 3 to
0A501 to redesignate the note as Note 4
to 0A501 and to add the word ‘and’
between the terms ‘muzzle loading’ and
‘black powder.’ This clarification is
made because some muzzle loaders use
black powder and some muzzle loaders
use smokeless powder, and both are
subject to the guidance in the Note.
The final rule in Note 4 to 0A501
redesignates the note as Note 5 to 0A501
and replaces the phrase ‘later than’ with
the word ‘post’ for clarity. In addition,
this final rule adds the word ‘and’
between the terms ‘muzzle loading’ and
‘black powder’ because, as noted above,
some muzzle loaders use black powder
and some muzzle loaders use smokeless
powder, and both are subject to the
guidance in the Note.
This final rule adds a new Note 6 to
0A501, as a conforming change to the
removal of ECCN 0A501.y.2 to .y.5, to
specify these ‘‘parts’’ and ‘‘components’’
previously controlled under 0A501.y.2
to y.5 are designated as EAR99. This
note also eliminates the confusion
regarding whether these ‘‘parts’’ or
‘‘components’’ are ‘‘specially designed’’
for purposes of 0A501.x.
This final rule adds a Note 7 to 0A501
to clarify how kits of commodities that
contain ‘‘parts’’ and ‘‘components’’ with
different classifications under 0A501
should be classified. This note clarifies
that the kit should be classified based
on the classification of the most
restrictive ‘‘part’’ or ‘‘component’’
included in the kit. This guidance is
based on existing BIS classification
practice, but adding the new Note 7 to
0A501 will make this clear and
hopefully reduce the number of
questions that BIS receives specific to
this issue. Note 7 to 0A501 also clarifies
that a complete firearm disassembled in
kit form is controlled as a firearm.
In ECCN 0A505, this final rule makes
nine changes to the control text for
clarity. These changes include adding
additional notes, technical notes, or
otherwise clarifying or adding text, e.g.,
adding a new related definition, to make
the control parameters easier to
understand and interpreted
consistently. These corrections and
clarifications to 0A505 are as follows:
This final rule adds an ECCN-specific
definition of ‘marking rounds’ in the
Definitions paragraph in the List of
Items Controlled section of ECCN
0A505. This definition clarifies that
‘marking rounds’ are non-lethal. The
definition also clarifies what ‘marking
rounds’ are typically used for and the
types of materials used in ‘marking
rounds.’
This final rule revises ECCN 0A505.b
to add the phrase ‘any material’ to the
end of the parenthetical phrase that
provides technical parameters for the
types of buckshot controlled. The
inclusion of the phrase ‘any material’
will clarify that 0A505.b controls plastic
and rubber as well as metal buckshot
that meet the control criteria, including
the rubber/plastic (less lethal) buckshot
rounds used by law enforcement. Also
in 0A505.b, this final rule adds shotgun
shells that contain only, or are for the
dispersion of, chemical irritants to
paragraph .b to clarify that such shells
are controlled with buckshot shotgun
shells under paragraph .b. This final
rule removes shotgun shells containing
only chemical irritants from ECCN
1A984 (as described further below) and
adds them to 0A505.b where they will
be controlled for crime control (CC
Column 1), and United Nations (UN)
reasons for control. Because of the
controls required on shotgun shells
containing only chemical irritants, it is
more appropriate to control them under
0A505.b, where they will have the same
level of control as they did under
1A984, than under 0A505.c.
This final rule removes Note 1 to
ECCN 0A505.c. Note 1 is no longer
needed because the shotguns shells
previously controlled under 1A984 are
being moved by this final rule to
0A505.b, eliminating the need for a
cross reference to 1A984 in 0A505.c. As
0A505.c is controlled for UN and AT
reasons only, it was not appropriate to
move the shotgun shells from 1A984 to
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0A505.c, because the level of control for
1A984 items is higher than the level of
control for 0A505.c items. Therefore,
this rule moves the shotguns shells from
1A984 to 0A505.b where they will
continue to be controlled at the same
level.
This final rule revises ECCN 0A505.d
to add a reference to 0A502 to clarify
that the blank ammunition controlled
under 0A505.d includes blank
ammunition for items controlled under
0A502, provided the ammunition is also
not enumerated in USML Category III.
This final rule also revises ECCN
0A505.d to add a technical note to
clarify that ‘marking rounds’ that have
paint or dye as the projectile are
controlled under 0A505.d. As noted
above, this rule also added a Related
Definition for ‘marking rounds;’ the new
definition and this new technical note
to 0A505.d will enhance understanding
of the controls under 0A505 for
‘marking rounds.’
This final rule revises ECCN 0A505.x
to remove the reference to paragraph .d.
The reference is redundant to the phrase
‘or the CCL,’ which includes 0A505.d.
This final rule redesignates Note 2 to
0A505.x, Note 3 to 0A505.x, and Note
4 0A505 as Note 1 to 0A505.x, Note 2
to 0A505.x and Note 3 to 0A505,
respectively, as conforming changes to
the removal of Note 1 to 0A505.c.
This final rule revises newly
redesignated Note 1 to 0A505.x (prior to
this rule designated as Note 2 to
0A505.x), to include, at the end of the
note, the term ‘frangible projectiles’ after
the phrase ‘copper projectiles.’ This
change will clarify that the ‘‘parts’’ and
‘‘components’’ under 0A505.x include
‘frangible projectiles.’ Frangible
projectiles are not made from a lead
projectile covered with a copper jacket,
but rather are produced with composite
materials of tungsten, copper, or tin
utilizing an injection molding or
powder metallurgical production
process.
This final rule revises newly
redesignated Note 3 to 0A505 (prior to
this rule designated as Note 4 to 0A505),
by removing the word ‘lead’ from the
term ‘lead shot’ and adding in its place
the word ‘metal.’ This clarification to
the control parameter addresses the fact
that steel and bismuth shot are also used
for hunting loads, so the control
parameter should not be limited to lead
as the only material. The use of the term
‘metal shot’ instead of ‘lead shot’ will
clarify that other types of shot are also
within the control parameter, as was
intended by the Commerce January 23
rule. This final rule also revises the
newly redesignated Note 3 to 0A505 to
remove the term ‘blank’ and adds in its
place the correct term ‘drill.’
This final rule adds a new Note 4 to
ECCN 0A505 to clarify the items
paragraph under which shotgun shells
that contain two or more balls/shot
larger than .24-inch are controlled. This
note clarifies that such shotgun shells
are controlled under 0A505.b.
In ECCN 0B501, this final rule
clarifies the control text of ECCN
0B501.d by deleting the word ‘spill’ in
the phrase ‘spill boring.’ This final rule
also adds the term ‘reaming’ before the
term ‘machines.’ These changes do not
change the intended scope of control.
These changes are made for clarity and
for consistency with BIS issued
classifications for these types of
machines.
In ECCN 0E505, this final rule makes
a correction to the text in the RS Control
paragraph in the License Requirements
section. The phrase ‘entire entry except’
was inadvertently included in the RS
Control paragraph in the Commerce
January 23 rule, which created
confusion regarding the intended scope
of the RS license requirement. This final
rule removes the unintended phrase
‘entire entry except’ from the RS license
requirement to clarify the scope of the
RS license requirement under ECCN
0E505.
In ECCN 1A984, this final rule revises
the heading of 1A984 to remove the
phrase ‘unless the shotgun shells
contain only chemical irritant’ in the
parenthetical phrase that follows the
phrase ‘and other pyrotechnic articles.’
This final rule moves shotgun shells
that contain only chemical irritants to
ECCN 0A505.b, as described above
under the description of changes of
0A505.b.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (codified, as amended, at 50
U.S.C. Sections 4801–4852). ECRA
provides the legal basis for BIS’s
principal authorities and serves as the
authority under which BIS issues this
rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This final
rule has been determined to be
significant for purposes of Executive
Order 12866.
2. Notwithstanding any other
provision of law, no person may be
required to respond to or be subject to
a penalty for failure to comply with a
collection of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
OMB control number.
This final regulation involves one
collection currently approved by OMB
under this collection and control
number: The U.S. Census Bureau
collection for the Automated Export
System (AES) Program (control number
0607–0152). This final rule will also
affect the information collection under
control number 0607–0152, for filing
EEI in AES because of one change this
final rule makes to part 758 of the EAR.
This rule revises § 758.1(g)(4)(ii) to
shorten the information that is required
to be included when relying on the
alternative method for identifying end
item firearms by ‘‘items’’ level
classification or other control descriptor
in the EEI filing in AES to make it easier
to fit this identifying information in the
Commodity description block in the EEI
filing in AES. This change is not
anticipated to result in a change in the
burden under this collection.
Any comments regarding these
collections of information, including
suggestions for reducing the burden,
may be submitted online at https://
www.reginfo.gov/public/do/PRAMain.
Find the particular information
collection by using the search function
and entering either the title of the
collection or the OMB Control Number.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. Pursuant to section 1762 of the
Export Control Reform Act of 2018 (50
U.S.C. 4801–4852), this action is exempt
from the Administrative Procedure Act
(5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for
public participation, and delay in
effective date.
5. Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule by 5 U.S.C. 553, or
by any other law, the analytical
requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are
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not applicable. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
List of Subjects
15 CFR Parts 740, 748, and 758
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 743
Administrative practice and
procedure, Reporting and recordkeeping
requirements.
15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
For the reasons stated in the
preamble, parts 740, 742, 743, 748, 758,
and 774 of the Export Administration
Regulations (15 CFR parts 730–774) are
amended as follows:
PART 740—LICENSE EXCEPTIONS
■1. The authority citation for part 740
continues to read as follows:
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783.
■2. Section 740.9 is amended by:
■a. Adding introductory text to
paragraph (b); and
■b. Removing the last sentence of
paragraph (b)(1) introductory text.
The addition reads as follows:
§ 740.9 Temporary imports, exports,
reexports, and transfers (in-country) (TMP).
* * * * *
(b) Exports of items temporarily in the
United States. No provision of this
paragraph (b), other than paragraph
(b)(3), (4), or (5), may be used to export
firearms controlled by ECCN 0A501.a,
.b, or shotguns with a barrel length less
than 18 inches controlled in ECCN
0A502.
* * * * *
PART 742—CONTROL POLICY—CCL
BASED CONTROLS
■3. The authority citation for part 742
continues to read as follows:
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C.
3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L.
108–11, 117 Stat. 559; E.O. 12058, 43 FR
20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Notice of
November 12, 2020, 85 FR 72897 (November
13, 2020).
■4. Section 742.17 is amended by
revising paragraph (g) to read as follows:
§ 742.17 Exports of firearms to OAS
member countries.
* * * * *
(g) Validity period for licenses.
Although licenses generally will be
valid for a period of four years, your
ability to ship items that require an FC
Import Certificate or equivalent official
document under this section may be
affected by the validity of the FC Import
Certificate or equivalent official
document (see § 748.12(d)(3) of the
EAR).
PART 743—SPECIAL REPORTING AND
NOTIFICATION
■5. The authority citation for part 743
continues to read as follows:
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014
Comp., p. 223; 78 FR 16129.
■6. Section 743.4 is amended by
removing the penultimate sentence of
paragraph (a) introductory text and
revising paragraph (h).
The revision reads as follows:
§ 743.4 Conventional arms reporting.
* * * * *
(h) Alternative submission method.
This paragraph (h) describes an
alternative submission method for
meeting the conventional arms reporting
requirements of this section. The
alternative submission method requires
the exporter, when filing the required
EEI submission in AES, pursuant to
§ 758.1(b)(9) of the EAR, to include the
items paragraph classification (i.e., .a, or
.b) for ECCN 0A501 as the first text to
appear in the Commodity description
block. If the exporter properly includes
this information in the EEI filing in
AES, the Department of Commerce will
be able to obtain that export information
directly from AES to meet the U.S.
Government’s commitments to the
Wassenaar Arrangement and United
Nations for conventional arms reporting.
An exporter that complies with the
requirements in § 758.1(g)(4)(ii) of the
EAR does not have to submit separate
annual and semi-annual reports to the
Department of Commerce pursuant to
this section.
* * * * *
PART 748—APPLICATIONS
(CLASSIFICATION, ADVISORY, AND
LICENSE) AND DOCUMENTATION
■7. The authority citation for part 748
is revised to read as follows:
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 6, 2021, 86
FR 43901 (August 10, 2021).
■8. Section 748.12 is amended by:
■a. Revising paragraphs (b)(1) and
(d)(3);
■b. Redesignating Note 2 to paragraph
(e)(3) as Note 4 to paragraph (e)(3); and
■c. Adding Note 3 to paragraph (e)(3).
The revisions and addition read as
follows.
§ 748.12 Firearms import certificate or
import permit.
* * * * *
(b) * * *
(1) Applicants must request that the
importer (e.g., ultimate consignee or
purchaser) obtain the FC Import
Certificate or an equivalent official
document from the government of the
importing country, and that it be issued
covering the quantities and types of
firearms and related items that the
applicant intends to export. Upon
receipt of the FC Import Certificate, its
official equivalent, or a copy, the
importer must provide the original or a
certified copy of the FC Import
Certificate or the original or a certified
copy of the equivalent official document
to the license applicant.
* * * * *
(d) * * *
(3) Validity period. FC Import
Certificates or equivalent official
documents issued by an OAS member
country will be valid until the
expiration date on the Certificate or for
a period of four years, whichever is
shorter.
Note 2 to paragraph (d)(3): Applicants for
license applications for exports and reexports
to an OAS member country must submit the
initial FC Import Certificate with the license
application. All BIS licenses for ECCNs
0A501 and 0A505 commodities will include
a standard rider that requires that the
applicant/exporter must have a current FC
Import Certificate on file prior to export. Note
that while FC Import Certificates are usually
valid for 1 year, BIS licenses are valid for 4
years. The text of the standard rider will
generally be as follows: ‘‘A current, complete,
accurate and valid Firearms Convention (FC)
Import Certificate (or equivalent official
document) shall be obtained, if required by
the government of the importing country,
from the Ultimate Consignee and maintained
in the exporter’s file prior to any export of
the item(s) listed on this license. A copy shall
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be provided to the U.S. Government upon
request. (Refer to section 742.17(b) of the
EAR for guidance.)’’
(e) * * *
Note 3 to paragraph (e): Applicants for
license applications for exports and reexports
to countries requiring that a government-
issued certificate or permit be obtained prior
to importing the commodity must have the
initial government-issued certificate or
permit prior to any export. All BIS licenses
for ECCNs 0A501 and 0A505 commodities
will include a standard rider that requires
that the applicant/exporter have a
government-issued certificate or permit on
file prior to export. Note that while
government-issued certificates or permits are
usually valid for 1 year, BIS licenses are valid
for 4 years. The text of the standard rider will
generally be as follows: ‘‘A current, complete,
accurate and valid Firearms Convention (FC)
Import Certificate (or equivalent official
document) shall be obtained, if required by
the government of the importing country,
from the Ultimate Consignee and maintained
in the Exporter’s file prior to any export of
the item(s) listed on this license. A copy shall
be provided to the U.S. Government upon
request. (Refer to § 742.17(b) of the EAR for
guidance.)’’
* * * * *
Supplement No. 6 to Part 748 [Removed
and Reserved]
■9. Supplement No. 6 to part 748 is
removed and reserved.
PART 758—EXPORT CLEARANCE
REQUIREMENTS
■10. The authority citation for part 758
is revised to read as follows:
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.
■11. Section 758.1 is amended by
revising paragraph (g)(4)(ii) to read as
follows:
§ 758.1 The Electronic Export Information
(EEI) filing to the Automated Export System
(AES).
* * * * *
(g) * * *
(4) * * *
(ii) Identifying end item firearms by
‘‘items’’ level classification or other
control descriptor in the EEI filing in
AES. For any export of items controlled
under ECCNs 0A501.a or .b, or shotguns
with a barrel length less than 18 inches
controlled under ECCN 0A502, in
addition to any other required data for
the associated EEI filing when an
exporter will use the alternative
submission method under § 743.4(h) for
conventional arms reporting, you must
include the items paragraph
classification (i.e., .a, or .b) for ECCN
0A501, or for shotguns controlled under
0A502 the letters ‘‘SB’’ for short barrel
length less than 18 inches as the first
text to appear in the Commodity
description block in the EEI filing in
AES. (See § 743.4(h) of the EAR for the
use of this information for conventional
arms reporting).
* * * * *
PART 774—THE COMMERCE
CONTROL LIST
■12. The authority citation for part 774
continues to read as follows:
Authority: 50 U.S.C. 4801–4852; 50 U.S.C.
4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C.
8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22
U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C.
2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783.
Supplement No. 1 to Part 774
[Amended]
■13. In Supplement No. 1 to part 774,
Category 0, remove Export Control
Classification Number (ECCN) 0A018.
■14. In Supplement No. 1 to part 774,
Category 0, revise Export Control
Classification Number (ECCN) 0A501 to
read as follows:
0A501 Firearms (except 0A502 shotguns)
and related commodities as follows (see
List of Items controlled).
License Requirements
Reason for Control: NS, RS, FC, UN, AT
Control(s) Country chart
(see supp. No. 1 to
part 738)
NS applies to entire
entry except
0A501.y.
NS Column 1
RS applies to entire
entry except
0A501.y.
RS Column 1
FC applies to entire
entry except
0A501.y.
FC Column 1
UN applies to entire
entry. See § 746.1 of the
EAR for UN con-
trols
AT applies to entire
entry. AT Column 1
License Requirement Note: In addition to
using the Commerce Country Chart to
determine license requirements, a license
is required for exports and reexports of
ECCN 0A501.y.7 firearms to the People’s
Republic of China.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $500 for 0A501.c, .d, and .x.
$500 for 0A501.c, .d, .e, and .x if the ultimate
destination is Canada.
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in this entry.
List of Items Controlled
Related Controls: (1) Firearms that are fully
automatic, and magazines with a capacity
of greater than 50 rounds, are ‘‘subject to
the ITAR.’’ (2) See ECCN 0A502 for
shotguns and their ‘‘parts’’ and
‘‘components’’ that are subject to the EAR.
Also see ECCN 0A502 for shot-pistols. (3)
See ECCN 0A504 and USML Category XII
for controls on optical sighting devices.
Related Definitions: N/A
Items:
a. Non-automatic and semi-automatic
firearms equal to .50 caliber (12.7 mm) or
less.
Note 1 to paragraph 0A501.a:
‘Combination pistols’ are controlled under
ECCN 0A501.a. A ‘combination pistol’ (a.k.a.,
a combination gun) has at least one rifled
barrel and at least one smoothbore barrel
(generally a shotgun style barrel).
Technical Note to 0A501.a: Firearms
described in 0A501.a includes those
chambered for the .50 BMG cartridge.
b. Non-automatic and non-semi-automatic
rifles, carbines, revolvers or pistols with a
caliber greater than .50 inches (12.7 mm) but
less than or equal to .72 inches (18.0 mm).
c. The following types of ‘‘parts’’ and
‘‘components’’ if ‘‘specially designed’’ for a
commodity controlled by paragraph .a or .b
of this entry, or USML Category I (unless
listed in USML Category I(g) or (h)): Barrels,
cylinders, barrel extensions, mounting blocks
(trunnions), bolts, bolt carriers, operating
rods, gas pistons, trigger housings, triggers,
hammers/striker, sears, disconnectors, pistol
grips that contain fire control ‘‘parts’’ or
‘‘components’’ (e.g., triggers, hammers/
striker, sears, disconnectors) and buttstocks
that contain fire control ‘‘parts’’ or
‘‘components.’’
Technical Note to 0A501.c: Barrel blanks
that have reached a stage in manufacturing in
which they are either chambered or rifled are
controlled by 0A501.c.
d. Detachable magazines with a capacity of
17 to 50 rounds ‘‘specially designed’’ for a
commodity controlled by paragraph .a or .b
of this entry.
Note 2 to paragraph 0A501.d: Magazines
with a capacity of 16 rounds or less are
controlled under 0A501.x; for magazines
with a capacity greater than 50 rounds, see
USML Category I.
e. Receivers (frames) and ‘‘complete breech
mechanisms,’’ including castings, forgings,
stampings, or machined items thereof,
‘‘specially designed’’ for a commodity
controlled by paragraph .a or .b of this entry.
Note 3 to 0A501.e: Frames (receivers)
under 0A501.e refers to any ‘‘part’’ or
‘‘component’’ of the firearm that has or is
customarily marked with a serial number
when required by law. This paragraph
0A501.e is synonymous with a ‘‘part’’ or
‘‘component’’ that is regulated by the Bureau
of Alcohol, Tobacco, Firearms and
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Explosives (see 27 CFR parts 447, 478, and
479,) as a firearm.
f. through w. [Reserved]
x. ‘‘Parts’’ and ‘‘components’’ that are
‘‘specially designed’’ for a commodity
classified under paragraphs .a through .c of
this entry or the USML and not elsewhere
specified on the USML or CCL.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this ECCN or common to a defense article
in USML Category I and not elsewhere
specified in the USML or CCL as follows, and
‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor.
y.1. Stocks (including adjustable,
collapsible, blades and braces), grips,
handguards, or forends, that do not contain
any fire control ‘‘parts’’ or ‘‘components’’
(e.g., triggers, hammers/striker, sears,
disconnectors);
y.2 to y.5. [RESERVED]
y.6. Bayonets; and
y.7. Firearms manufactured from 1890 to
1898 and reproductions thereof.
Technical Note 1 to 0A501: The controls
on ‘‘parts’’ and ‘‘components’’ in ECCN
0A501 include those ‘‘parts’’ and
‘‘components’’ that are common to firearms
described in ECCN 0A501 and to those
firearms ‘‘subject to the ITAR.’’
Technical Note 2 to 0A501: A receiver with
any other controlled ‘‘part’’ or ‘‘component’’
(e.g., a barrel (0A501.c), or trigger guard
(0A501.x), or stock (0A501.y.1)) is still
controlled under 0A501.e.
Note 4 to 0A501: Antique firearms (i.e.,
those manufactured before 1890) and
reproductions thereof, muzzle loading and
black powder firearms except those designs
based on centerfire weapons of a post 1937
design, BB guns, pellet rifles, paint ball, and
all other air rifles are EAR99 commodities.
Note 5 to 0A501: Muzzle loading and black
powder firearms with a caliber less than 20
mm that were manufactured post 1937 that
are used for hunting or sporting purposes
that were not ‘‘specially designed’’ for
military use and are not ‘‘subject to the
ITAR’’ nor controlled as shotguns under
ECCN 0A502 are EAR99 commodities.
Note 6 to 0A501: Scope mounts or
accessory rails, iron sights, sling swivels, and
butt plates or recoil pads are designated as
EAR99. These commodities have been
determined to no longer warrant being
‘‘specially designed’’ for purposes of ECCN
0A501.
Note 7 to 0A501: A kit, including a
replacement or repair kit, of firearms ‘‘parts’’
or ‘‘components’’ customarily sold and
exported together takes on the classification
of the most restrictive ‘‘part’’ or ‘‘component’’
that is included in the kit. For example, a kit
containing 0A501.y and .x ‘‘parts,’’ is
controlled as a 0A501.x kit because the .x
‘‘part’’ is the most restrictive ‘‘part’’ included
in the kit. A complete firearm disassembled
in a kit form is controlled as a firearm under
0A501.a, .b, or .y.7.
■15. In Supplement No. 1 to part 774,
Category 0, revise Export Control
Classification Number (ECCN) 0A505 to
read as follows:
0A505 Ammunition as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, CC, FC, UN, AT
Control(s) Country chart
(see supp. No. 1 to
part 738)
NS applies to
0A505.a and .x. NS Column 1
RS applies to
0A505.a and .x. RS Column 1
CC applies to
0A505.b. CC Column 1
FC applies to entire
entry except
0A505.d.
FC Column 1
UN applies to entire
entry. See § 746.1 of the
EAR for UN con-
trols
AT applies to
0A505.a, .d, and .x. AT Column 1
AT applies to 0A505.c A license is required
for items controlled
by paragraph .c of
this entry to North
Korea for anti-ter-
rorism reasons.
The Commerce
Country Chart is
not designed to de-
termine AT licens-
ing requirements
for this entry. See
§ 742.19 of the
EAR for additional
information.
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: $500 for items in 0A505.x, except
$3,000 for items in 0A505.x that,
immediately prior to March 9, 2020, were
classified under 0A018.b. (i.e., ‘‘Specially
designed’’ components and parts for
ammunition, except cartridge cases,
powder bags, bullets, jackets, cores, shells,
projectiles, boosters, fuses and
components, primers, and other detonating
devices and ammunition belting and
linking machines (all of which are ‘‘subject
to the ITAR’’). (See 22 CFR parts 120
through 130))
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any item in 0A505.
List of Items Controlled
Related Controls: (1) Ammunition for modern
heavy weapons such as howitzers, artillery,
cannon, mortars and recoilless rifles as
well as inherently military ammunition
types such as ammunition preassembled
into links or belts, caseless ammunition,
tracer ammunition, ammunition with a
depleted uranium projectile or a projectile
with a hardened tip or core and
ammunition with an explosive projectile
are ‘‘subject to the ITAR.’’ (2) Percussion
caps, and lead balls and bullets, for use
with muzzle-loading firearms are EAR99
items.
Related Definitions: ‘Marking rounds’ are
non-lethal, typically used for training
purposes, and contain a dye or paint in a
capsule that is not a chemical irritant.
Items:
a. Ammunition for firearms controlled by
ECCN 0A501 or USML Category I and not
enumerated in paragraph .b, .c, or .d of this
entry or in USML Category III.
b. Buckshot (No. 4 .24’’ diameter and
larger, any material) shotgun shells and
shotgun shells that contain only, or are for
the dispersion of chemical irritants.
c. Shotgun shells (including less than
lethal rounds) that do not contain buckshot;
and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ of shotgun shells.
d. Blank ammunition for firearms
controlled by ECCNs 0A501 or 0A502 and
not enumerated in USML Category III.
Technical Note to 0A505.d: Includes
‘marking rounds’ that have paint/dye as the
projectile.
e. through w. [Reserved]
x. ‘‘Parts’’ and ‘‘components’’ that are
‘‘specially designed’’ for a commodity subject
to control in this ECCN or a defense article
in USML Category III and not elsewhere
specified on the USML or the CCL.
Note 1 to 0A505.x: The controls on ‘‘parts’’
and ‘‘components’’ in this entry include
Berdan and boxer primers, metallic cartridge
cases, and standard metallic projectiles such
as full metal jacket, lead core, copper
projectiles, and frangible projectiles.
Note 2 to 0A505.x: The controls on ‘‘parts’’
and ‘‘components’’ in this entry include
those ‘‘parts’’ and ‘‘components’’ that are
common to ammunition and ordnance
described in this entry and to those
enumerated in USML Category III.
Note 3 to 0A505: Metal shot smaller than
No. 4 Buckshot, empty and unprimed
shotgun shells, shotgun wads, smokeless
gunpowder, ‘dummy rounds’ and ‘drill
rounds’ (unless linked or belted), not
incorporating a lethal or non-lethal
projectile(s) are designated EAR99. A
‘dummy round’ or ‘drill round’ is a round
that is completely inert, (i.e., contains no
primer, propellant, or explosive charge). It is
typically used to check weapon function and
for crew training.
Note 4 to 0A505: Shotgun shells that
contain two or more balls/shot larger than
.24-inch are controlled under 0A505.b.
■16. In Supplement No. 1 to part 774,
Category 0, revise Export Control
Classification Number (ECCN) 0B501 to
read as follows:
0B501 Test, inspection, and production
‘‘equipment’’ and related commodities
for the ‘‘development’’ or ‘‘production’’
of commodities enumerated or
otherwise described in ECCN 0A501 or
USML Category I as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, UN, AT
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46597
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
Control(s) Country chart
(see supp. No. 1 to
part 738)
NS applies to entire
entry except equip-
ment for ECCN
0A501.y.
NS Column 1
RS applies to entire
entry except equip-
ment for ECCN
0A501.y.
RS Column 1
UN applies to entire
entry. See § 746.1 of the
EAR for UN con-
trols
AT applies to entire
entry. AT Column 1
List Based License Exceptions (See Part 740
for a Description of all License Exceptions)
LVS: $3000
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used to ship any item in this entry.
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items:
a. Small arms chambering machines.
b. Small arms deep hole drilling machines
and drills therefor.
c. Small arms rifling machines.
d. Small arms boring/reaming machines.
e. Production equipment (including dies,
fixtures, and other tooling) ‘‘specially
designed’’ for the ‘‘production’’ of the items
controlled in 0A501.a through .x. or USML
Category I.
■17. In Supplement No. 1 to part 774,
Category 0, revise Export Control
Classification Number (ECCN) 0E505 to
read as follows:
0E505 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’
operation, installation, maintenance,
repair, overhaul, or refurbishing of
commodities controlled by 0A505.
License Requirements
Reason for Control: NS, RS, UN, CC, AT
Control(s) Country chart
(see supp. No. 1 to
part 738)
NS applies to ‘‘tech-
nology’’ for ‘‘devel-
opment,’’ ‘‘produc-
tion,’’ operation, in-
stallation, mainte-
nance, repair, over-
haul, or refurbishing
commodities in
0A505.a and .x; for
equipment for those
commodities in
0B505; and for
‘‘software’’ for that
equipment and
those commodities
in 0D505.
NS Column 1
Control(s) Country chart
(see supp. No. 1 to
part 738)
RS applies to ‘‘tech-
nology’’ for ‘‘devel-
opment,’’ ‘‘produc-
tion,’’ operation, in-
stallation, mainte-
nance, repair, over-
haul, or refurbishing
commodities in
0A505.a and .x; for
equipment for those
commodities in
0B505 and for
‘‘software’’ for those
commodities and
that equipment in
0D505.
RS Column 1
UN applies to entire
entry. See § 746.1 of the
EAR for UN con-
trols
CC applies to ‘‘tech-
nology’’ for the
‘‘development’’ or
‘‘production’’ of
commodities in
0A505.b.
CC Column 1
AT applies to ‘‘tech-
nology’’ for ‘‘devel-
opment,’’ ‘‘produc-
tion,’’ operation, in-
stallation, mainte-
nance, repair, over-
haul, or refurbishing
commodities in
0A505.a, .d, and .x.
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception
STA (§ 740.20(c)(2) of the EAR) may not be
used for any ‘‘technology’’ in 0E505.
List of Items Controlled
Related Controls: Technical data required for
and directly related to articles enumerated
in USML Category III are ‘‘subject to the
ITAR’’.
Related Definitions: N/A
Items: The list of items controlled is
contained in this ECCN heading.
■18. In Supplement No. 1 to part 774,
Category 1, revise Export Control
Classification Number (ECCN) 1A984 to
read as follows:
1A984 Chemical agents, including tear gas
formulation containing 1 percent or less
of orthochlorobenzalmalononitrile (CS),
or 1 percent or less of
chloroacetophenone (CN), except in
individual containers with a net weight
of 20 grams or less; liquid pepper except
when packaged in individual containers
with a net weight of 3 ounces (85.05
grams) or less; smoke bombs; non-
irritant smoke flares, canisters, grenades
and charges; and other pyrotechnic
articles having dual military and
commercial use, and ‘‘parts’’ and
‘‘components’’ ‘‘specially designed’’
therefor, n.e.s.
License Requirements
Reason for Control: CC
Control(s) Country chart
(see supp. No. 1
to part 738)
CC applies to entire
entry. CC Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: N/A
Related Definitions: N/A
Items:
The list of items controlled is contained in
the ECCN heading.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 2021–17647 Filed 8–18–21; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 117
[Docket ID: DoD–2020–OS–0045]
RIN 0790–AL41
National Industrial Security Program
Operating Manual (NISPOM);
Amendment
AGENCY
: Office of the Under Secretary of
Defense for Intelligence & Security,
Department of Defense (DoD).
ACTION
: Final rule; technical
amendment.
SUMMARY
: DoD is amending its NISPOM
regulation to extend the implementation
date for those contractors under DoD
security cognizance to report and obtain
pre-approval of unofficial foreign travel
to the Department of Defense.
DATES
: This rule is effective August 19,
2021.
FOR FURTHER INFORMATION CONTACT
:
Valerie Heil, 703–692–3754.
SUPPLEMENTARY INFORMATION
: This final
rule amends 32 CFR part 117, ‘‘National
Industrial Security Program Operating
Manual (NISPOM)’’ final rule that
published in the Federal Register on
December 21, 2020 (85 FR 83300). The
rule includes reporting requirements for
contractor personnel who have been
granted eligibility for access to classified
information through the National
Industrial Security Program to follow
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