Technical Amendments to the Export Administration Regulations: Export Control Classification Number 0Y521 Series Supplement-Extension of Software Specially Designed To Automate the Analysis of Geospatial Imagery Classification

• Published date: 06 January 2021
• Record Number: 2020-28776
• Section: Rules and Regulations
• Court: Industry And Security Bureau

461

Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations

if requested using the procedures found in 14

CFR 39.19. In accordance with 14 CFR 39.19,

send your request to your principal inspector

or local Flight Standards District Office, as

appropriate. If sending information directly

to the manager of the certification office,

send it to the attention of the person

identified in Related Information. You may

email your request to ANE-AD-AMOC@

faa.gov.

(2) Before using any approved AMOC,

notify your appropriate principal inspector,

or lacking a principal inspector, the manager

of the local flight standards district office/

certificate holding district office.

(j) Related Information

For more information about this AD,

contact Nicholas Paine, Aviation Safety

Engineer, ECO Branch, FAA, 1200 District

Avenue, Burlington, MA 01803; phone: (781)

238–7116; fax: (781) 238–7199; email:

nicholas.j.paine@faa.gov.

(k) Material Incorporated by Reference

None.

Issued on December 28, 2020.

Lance T. Gant,

Director, Compliance & Airworthiness

Division, Aircraft Certification Service.

[FR Doc. 2021–00053 Filed 1–5–21; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 201215–0342]

RIN 0694–AH89

Technical Amendments to the Export

Administration Regulations: Export

Control Classification Number 0Y521

Series Supplement—Extension of

Software Specially Designed To

Automate the Analysis of Geospatial

Imagery Classification

AGENCY

: Bureau of Industry and

Security, Commerce.

ACTION

: Interim final rule; technical

amendment.

SUMMARY

: On January 6, 2020, the

Bureau of Industry and Security (BIS)

amended the Export Administration

Regulations (EAR) to add Software

Specially Designed to Automate the

Analysis of Geospatial Imagery to the

0Y521 Temporary Export Control

Classification Numbers (ECCN) Series as

0D521. In this action BIS extends that

status for a year pursuant to the 0Y521

series extension procedures.

DATES

: This rule is effective January 6,

2021.

FOR FURTHER INFORMATION CONTACT

:

Aaron Amundson, Director, Information

Technology Division, Office of National

Security and Technology Transfer

Controls, at email Aaron.Amundson@

bis.doc.gov or by phone at (202) 482–

5299.

SUPPLEMENTARY INFORMATION

:

Background

On January 6, 2020, the Bureau of

Industry and Security (BIS) amended

the Export Administration Regulations

(EAR) with an interim final rule to add

Software Specially Designed to

Automate the Analysis of Geospatial

Imagery to the 0Y521 Temporary Export

Control Classification Numbers (ECCN)

Series as 0D521. More specifically, the

software was described as Geospatial

imagery ‘‘software’’ ‘‘specially

designed’’ for training a Deep

Convolutional Neural Network to

automate the analysis of geospatial

imagery and point clouds. See 85 FR

459.

BIS established the ECCN 0Y521

series in a final rule published April 13,

2012 (72 FR 22191) (hereinafter ‘‘April

13 rule’’) to identify items that warrant

control on the Commerce Control List

(CCL) but are not yet identified in an

existing ECCN. Items in the 0Y521

series of ECCNs are added upon a

determination by the Department of

Commerce, with the concurrence of the

Departments of Defense and State, and

other agencies as appropriate, that the

items warrant control for export because

the items may provide a significant

military or intelligence advantage to the

United States or because foreign policy

reasons justify control. The ECCN

0Y521 series is a temporary holding

classification.

Under the procedures established in

the April 13 rule and codified at

§ 742.6(a)(8)(iii) of the EAR, items

classified under ECCN 0Y521 remain so

classified for one year from the date

they are listed in supplement no. 5 to

part 774 of the EAR, unless the items are

re-classified under a different ECCN or

the 0Y521 classification is extended.

BIS may extend an item’s ECCN

0Y521 classification for two one-year

periods, provided that the U.S.

Government has submitted a proposal to

the relevant multilateral regime(s) (e.g.,

the Wassenaar Arrangement) to obtain

multilateral controls over the item, with

the understanding that multilateral

controls are preferable when practical.

Further extension beyond three years

may occur only if the Under Secretary

for Industry and Security makes a

determination that such extension is in

the national security or foreign policy

interest of the United States. Any

extension or re-extension of control of

an ECCN 0Y521 item, including the

determination by the Under Secretary,

shall be published in the Federal

Register.

In this action, BIS extends the status

of an item classified under a 0Y521

ECCN for a year consistent with

procedures that allow such an

extension. Specifically, in this case the

U.S. Government submitted a proposal

for multilateral control of the 0D521

software specially designed to automate

the analysis of geospatial imagery, as

described in the January 6, 2020 interim

final rule, to the relevant multilateral

regime (the Wassenaar Arrangement) in

a timely manner, within the first year of

the item’s 0D521 classification.

However, due to the pandemic, the

regime did not convene and therefore

did not consider acceptance of the

proposal. An extension of time is

appropriate in order for the U.S.

Government to continue its effort at the

Wassenaar Arrangement in 2021.

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) (50 U.S.C. 4801–4852) that

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, distribute impacts, and equity).

Executive Order 13563 emphasizes the

importance of quantifying both costs

and benefits, of reducing costs, of

harmonizing rules, and of promoting

flexibility. This interim final rule has

been designated to be not significant for

purposes of Executive Order 12866. The

requirements of Executive Order 13771

do not apply because the rule is not

significant.

2. Notwithstanding any other

provision of law, no person is required

to respond to, nor is subject to a penalty

for failure to comply with a collection

of information, subject to the

requirements of the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.) (PRA), unless that collection of

information displays a currently valid

OMB control number. This rule does not

involve any collection of information.

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Federal Register / Vol. 86, No. 3 / Wednesday, January 6, 2021 / Rules and Regulations

3. This rule does not contain policies

associated with Federalism as that term

is defined under Executive Order 13132.

4. Pursuant to section 1762 of ECRA

(see 50 U.S.C. 4821), this action is

exempt from the Administrative

Procedure Act requirements (under 5

U.S.C. 553) for notice of proposed

rulemaking, opportunity for public

participation, and delay in effective

date. This rule only updates

Supplement No. 5 to Part 774 to the

EAR by extending the date of the period

of validity of 0D521 software in

Supplement No. 5 to Part 774 for one

year. This revision is merely technical

and in accordance with established

0Y521 ECCN series procedure and

purpose, which was proposed to the

public and subject of comment. This

rule clarifies information, which serves

to avoid confusing readers about the

0D521 item’s status. It does not alter any

right, obligation or prohibition that

applies to any person under the EAR.

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

not applicable. Accordingly, no

regulatory flexibility analysis is

required, and none has been prepared.

List of Subjects in 15 CFR Part 774

Exports, Reporting and recordkeeping

requirements.

Accordingly, part 774 of the Export

Administration Regulations (15 CFR

parts 730 through 774) is amended as

follows:

PART 774—THE COMMERCE

CONTROL LIST

■1. 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. 5 to Part 774 [Amended]

■2. In Supplement No. 5 to part 774,

amend the table, under the heading

‘‘0D521. Software’’ entry No 1, by

revising the date in the third column to

read: ‘‘January 6, 2022’’.

Matthew S. Borman,

Deputy Assistant Secretary for Export

Administration.

[FR Doc. 2020–28776 Filed 1–5–21; 8:45 am]

BILLING CODE 3510–33–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 101

[Docket No. FDA–2000–N–0011]

Uniform Compliance Date for Food

Labeling Regulations

AGENCY

: Food and Drug Administration,

Department of Helath and Human

Services (HHS).

ACTION

: Final rule.

SUMMARY

: The Food and Drug

Administration (FDA or we) is

establishing January 1, 2024, as the

uniform compliance date for food

labeling regulations that are published

on or after January 1, 2021, and on or

before December 31, 2022. We

periodically announce uniform

compliance dates for new food labeling

requirements to minimize the economic

impact of labeling changes.

DATES

: This rule is effective January 6,

2021. Submit either electronic or

written comments on the final rule by

March 8, 2021.

ADDRESSES

: You may submit comments

as follows:

Electronic Submissions

Submit electronic comments in the

following way:

•Federal eRulemaking Portal:

https://www.regulations.gov. Follow the

instructions for submitting comments.

Comments submitted electronically,

including attachments, to https://

www.regulations.gov will be posted to

the docket unchanged. Because your

comment will be made public, you are

solely responsible for ensuring that your

comment does not include any

confidential information that you or a

third party may not wish to be posted,

such as medical information, your or

anyone else’s Social Security number, or

confidential business information, such

as a manufacturing process. Please note

that if you include your name, contact

information, or other information that

identifies you in the body of your

comments, that information will be

posted on https://www.regulations.gov.

•If you want to submit a comment

with confidential information that you

do not wish to be made available to the

public, submit the comment as a

written/paper submission and in the

manner detailed (see ‘‘Written/Paper

Submissions’’ and ‘‘Instructions’’).

Written/Paper Submissions

Submit written/paper submissions as

follows:

•Mail/Hand Delivery/Courier (for

written/paper submissions): Dockets

Management Staff (HFA–305), Food and

Drug Administration, 5630 Fishers

Lane, Rm. 1061, Rockville, MD 20852.

•For written/paper comments

submitted to the Dockets Management

Staff, FDA will post your comment, as

well as any attachments, except for

information submitted, marked and

identified, as confidential, if submitted

as detailed in ‘‘Instructions.’’

Instructions: All submissions received

must include the Docket No. FDA–

2000–N–0011 for ‘‘Uniform Compliance

Date for Food Labeling Regulations.’’

Received comments, those filed in a

timely manner, will be placed in the

docket and, except for those submitted

as ‘‘Confidential Submissions,’’ publicly

viewable at https://www.regulations.gov

or at the Dockets Management Staff

between 9 a.m. and 4 p.m., Monday

through Friday, 240–402–7500.

•Confidential Submissions—To

submit a comment with confidential

information that you do not wish to be

made publicly available, submit your

comments only as a written/paper

submission. You should submit two

copies total. One copy will include the

information you claim to be confidential

with a heading or cover note that states

‘‘THIS DOCUMENT CONTAINS

CONFIDENTIAL INFORMATION.’’ We

will review this copy, including the

claimed confidential information, in our

consideration of comments. The second

copy, which will have the claimed

confidential information redacted/

blacked out, will be available for public

viewing and posted on https://

www.regulations.gov. Submit both

copies to the Dockets Management Staff.

If you do not wish your name and

contact information to be made publicly

available, you can provide this

information on the cover sheet and not

in the body of your comments, and you

must identify this information as

‘‘confidential.’’ Any information marked

as ‘‘confidential’’ will not be disclosed

except in accordance with 21 CFR 10.20

and other applicable disclosure law. For

more information about FDA’s posting

of comments to public dockets, see 80

FR 56469, September 18, 2015, or access

the information at: https://

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