[Federal Register: January 8, 2007 (Volume 72, Number 4)]
[Notices]
[Page 777-778]
[DOCID:fr08ja07-61]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP05-357-003]

Cheniere Creole Trail Pipeline, L.P.; Notice of Availability of
the Environmental Assessment for the Proposed Creole Trail Segment 1
Amendment Project

December 27, 2006.
    The staff of the Federal Energy Regulatory Commission (FERC or
Commission) has prepared an environmental assessment (EA) for the
construction and operation of natural gas pipeline facilities proposed
by Cheniere Creole Trail Pipeline, L.P. (Creole Trail) and referred to
as the Segment 1 Amendment Project or Project. The Segment 1 Project is
an amendment to the Creole Trail LNG Terminal and Pipeline Project
proposed in Docket Nos. CP05-357-000 and CP05-360-000 and approved in
an order issued by the Commission on June 15, 2006 (Order).
    The EA was prepared to satisfy the requirements of the National
Environmental Policy Act. The staff concludes that approval of the
proposed project, with appropriate mitigating measures, would not
constitute a major federal action significantly affecting the quality
of the human environment.
    This EA addresses the potential environmental effects of the
construction and operation of the following facilities in Cameron
Parish, Louisiana:
     Approximately 18.1 miles of a single, bi-directional, 42-
inch-diameter pipeline extending from the end of the approved Cheniere
Sabine Pass Pipeline, L.P. (SPP) pipeline in Johnson Bayou to the
beginning of the approved Creole Trail pipeline system.
     Associated aboveground facilities, including a Metering
and Regulation Facility, a launcher/receiver and mainline valve at
Johnson Bayou; a mainline valve at milepost (MP) 8.0; and a mainline
valve and launcher/receiver at the end of the pipeline at MP 18.1.
    The purpose of the proposed facilities would be to provide access
to new, competitively priced liquefied natural gas supplies in response
to the growing demand for natural gas in southern Louisiana and
throughout the United States. Specifically, the Segment 1 Amendment
Project would provide increased access to downstream markets and
additional sources of supply for shippers on the approved SPP and
Creole Trail pipeline systems.
    The EA has been placed in the public files of the FERC. A limited
number of copies of the EA are available for distribution and public
inspection at: Federal Energy Regulatory Commission, Public Reference
Room, 888 First Street, NE., Room 2A, Washington, DC 20426. (202) 502-
8371.
    Copies of the EA have been mailed to federal, state and local
agencies, public interest groups, interested individuals, newspapers,
and parties to this proceeding.
    Any person wishing to comment on the EA may do so. To ensure
consideration prior to a Commission decision on the proposal, it is
important that we receive your comments before the date specified
below. Please carefully follow these instructions to ensure that your
comments are received in time and properly recorded:
     Send an original and two copies of your comments to:
Secretary, Federal Energy Regulatory Commission, 888 First St., NE.,
Room 1A, Washington, DC 20426;
     Label one copy of the comments for the attention of the
Gas Branch 2, PJ11.2.
     Reference Docket No. CP05-357-003; and
     Mail your comments so that they will be received in
Washington, DC on or before January 26, 2007.
    Please note that we are continuing to experience delays in mail
deliveries from the U.S. Postal Service. As a result, we will include
all comments that we receive within a reasonable time frame in our
environmental analysis of this project. However, the Commission
strongly encourages electronic filing of any comments or interventions
or protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the
instructions on the Commission's Web site at  http://www.ferc.gov under

the ``e-Filing'' link and the link to the User's Guide. Before you can
file comments you will need to create a free account which can be
created by clicking on ``Sign-up.''
    Comments will be considered by the Commission but will not serve to
make the commentor a party to the proceeding. Any person seeking to
become a party to the proceeding must file a motion to intervene
pursuant to Rule 214 of the Commission's Rules of Practice and
Procedures (18 CFR 385.214).\1\ Only intervenors have the right to seek
rehearing of the Commission's decision.
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    \1\ Interventions may also be filed electronically via the
Internet in lieu of paper. See the previous discussion on filing
comments electronically.
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    Affected landowners and parties with environmental concerns may be
granted intervenor status upon showing good cause by stating that they
have a clear and direct interest in this proceeding which would not be
adequately represented by any other parties. You do not need intervenor
status to have your comments considered.
    Additional information about the project is available from the
Commission's Office of External Affairs, at 1-866-208-FERC or on the
FERC Internet website (http://www.ferc.gov) using the eLibrary link.

Click on the eLibrary link, click on ``General Search'' and enter the
docket number excluding the last three digits in the Docket Number
field. Be sure you have selected an appropriate date range. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>or toll free at 1-866-208-3676, or for TTY,

contact<PHONE_NUMBER>. The eLibrary link also provides access to the
texts of formal documents issued by the Commission, such as orders,
notices, and rulemakings.
    In addition, the Commission now offers a free service called
eSubscription which allows you to keep track of all formal issuances
and submittals in specific dockets. This can reduce the

amount of time you spend researching proceedings by automatically
providing you with notification of these filings, document summaries
and direct links to the documents. Go to http://www.ferc.gov/esubscribenow.htm
.

Magalie R. Salas,
 Secretary.
[FR Doc. E6-22668 Filed 1-5-07; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 247 (Friday, December 23, 2011)]
[Proposed Rules]
[Pages 80291-80302]
[FR Doc No: 2011-32868]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 110928603-1605-02]
RIN 0694-AF39

Revisions to the Export Administration Regulations (EAR): Control
of Submersible Vessels, Oceanographic Equipment and Related Articles
That the President Determines No Longer Warrant Control Under the
United States Munitions List (USML)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Industry and Security (BIS) publishes this
proposed rule that describes how submersible vessels, oceanographic
equipment and related articles that the President determines no longer
warrant control under Category VI (Vessels of War and Special Naval
Equipment) or Category XX (Submersible Vessels, Oceanographic and
Associated

Equipment) of the United States Munitions List (USML) would be
controlled under the Commerce Control List (CCL) in new Export Control
Classification Numbers (ECCNs) 8A620, 8B620, 8D620, and 8E620. In
addition, this proposed rule would control closed and semi-closed
circuit (rebreathing) apparatus, engines and propulsion systems for
submersible vessels, and submarine and torpedo nets, which are
currently controlled under ECCN 8A018, under new ECCN 8A620. With this
proposed rule, BIS also would establish a new, unilateral control on
submersibles ``specially designed'' for cargo transport that are not
currently subject to USML or CCL controls.
    This rule is one of a planned series of proposed rules that are
part of the Administration's Export Control Reform Initiative under
which various types of articles presently controlled on the USML under
the International Traffic in Arms Regulations (ITAR) would, instead, be
controlled on the CCL in accordance with the requirements of the Export
Administration Regulations (EAR), if and after the President determines
that such articles no longer warrant control on the USML.
    BIS is publishing this proposed rule, on December 23, 2011, in
conjunction with another proposed rule that describes how surface
vessels of war and special naval equipment the President determines no
longer warrant control under Category VI would be controlled on the CCL
under new ECCNs 8A609, 8B609, 8C609, 8D609, and 8E609. This proposed
rule also is being published in conjunction with two proposed rules of
the Department of State, Directorate of Defense Trade Controls, that
would amend the list of articles controlled by USML Categories VI and
Category XX, respectively. In recognition of the significant difference
between surface vessels of war and submarines, the U.S. Department of
State, Directorate of Defense Trade Controls, is proposing to move
submarines and associated equipment from Category VI on the USML to
Category XX.

DATES: Comments must be received by February 6, 2012.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
The identification number for this rulemaking is BIS-2011-0045.
     By email directly to<EMAIL_ADDRESS>Include
RIN 0694-AF39 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW, Washington, DC 20230. Refer to RIN
0694-AF39.

FOR FURTHER INFORMATION CONTACT: Alexander Lopes, Director, Office of
Nonproliferation and Treaty Compliance, Bureau of Industry and
Security, U.S. Department of Commerce, Telephone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On July 15, 2011, as part of the Administration's ongoing Export
Control Reform Initiative, the Bureau of Industry and Security (BIS)
published a proposed rule (76 FR 41958) (``the July 15 proposed rule'')
that set forth a framework for how articles the President determines,
in accordance with section 38(f) of the Arms Export Control Act (AECA)
(22 U.S.C. 2778(f)), would no longer warrant control on the United
States Munitions List (USML) and, instead, would be controlled on the
Commerce Control List (CCL). The July 15 proposed rule also contained a
proposal by BIS describing how military vehicles and related articles
in USML Category VII that no longer warrant control under the USML
would be controlled on the CCL--the military vehicles proposal was the
first in a series of such proposed rules to be published by BIS. With
this proposed rule, BIS also would establish a new, unilateral control
on submersibles ``specially designed'' for cargo transport that are not
currently subject to USML or CCL controls.
    On November 7, 2011 (76 FR 68675), and December 6, 2011 (76 FR
76072), BIS published proposed rules describing how aircraft and
related items, and gas turbine engines and related items, respectively,
determined by the President to no longer warrant control under the USML
would be controlled on the CCL. In the November 7 proposed rule, BIS
also made several changes and additions to the framework proposed in
the July 15 proposed rule.
    BIS plans to publish additional proposed rules describing how
certain articles that the President determines no longer warrant
control on the USML would be controlled on the CCL.
    BIS also plans to publish a proposed rule describing how the new
controls described in this and similar notices would be implemented,
such as through the use of ``grandfather'' clauses and additional
exceptions. The goal of such provisions would be to give exporters
sufficient time to implement each final rule and to avoid, to the
extent possible, situations where transactions would require licenses
from both the State Department and the Commerce Department.
    Following the structure of the July 15 and November 7 proposed
rules, which describe the ``export control reform initiative
framework'' for transferring certain USML items to the CCL, this
proposed rule describes BIS's proposal for how another group of items--
submersible vessels, oceanographic equipment and related articles that
are controlled by USML Category VI or Category XX--would be controlled
on the CCL. The changes described in this proposed rule and related
amendments proposed by the State Department to Categories VI and XX of
the USML are based on a review of these USML Categories by the Defense
Department, which worked with the Departments of State and Commerce in
preparing the proposed amendments. The review was focused on
identifying the types of articles that are now controlled by USML
Category VI or Category XX that are either: (i) Inherently military and
otherwise warrant control on the USML or (ii) if they are a type common
to civil applications, possess parameters or characteristics that
provide a critical military or intelligence advantage to the United
States, and are almost exclusively available from the United States. If
an article satisfies either or both of those criteria, the article
would remain on the USML. If an article does not satisfy either
criterion, but is nonetheless a type of article that is, as a result of
differences in form and fit, ``specially designed'' for military
applications, then it is identified in one of the new ECCNs in this
proposed rule. Finally, if an article does not satisfy either of the
two criteria and is not found to be ``specially designed'' for military
applications, the article is not affected by this rule because such
items already are not on the USML. The licensing policies and other
EAR-specific controls for such items that are also described in this
proposed rule would enhance our national security by: (i) Allowing for
greater interoperability with our NATO and other allies while
maintaining and expanding robust controls that, in some instances,
would include prohibitions on exports or reexports destined for other
countries or intended for proscribed end-users and end-uses; (ii)
enhancing our defense industrial base by, for example, reducing the
current incentives for foreign companies to design out or avoid U.S.-
origin ITAR-controlled content, particularly with respect to generic,
unspecified parts and

components; and (iii) permitting the U.S. Government to focus its
resources on controlling, monitoring, investigating, analyzing, and, if
need be, prohibiting exports and reexports of more significant items to
destinations, end users, and end uses of greater concern than our NATO
allies and other multi-regime partners.
    Pursuant to section 38(f) of the AECA, the President shall review
the USML ``to determine what items, if any, no longer warrant export
controls under'' the AECA. The President must report the results of the
review to Congress and wait 30 days before removing any such items from
the USML. The report must ``describe the nature of any controls to be
imposed on that item under any other provision of law.'' 22 U.S.C.
2778(f)(1).
    This proposed rule describes how certain submersible vessels,
oceanographic equipment and related articles currently in USML Category
VI or Category XX would be controlled by the EAR and identified on the
CCL, if the President determines that the articles no longer warrant
control on the USML. The Department of Commerce is publishing in
conjunction with this proposed rule, on December 23, 2011, a proposed
rule describing how surface vessels of war ``specially designed'' for a
military use and not enumerated on the USML and related articles that
the President determines no longer warrant control under Category VI
would be controlled on the CCL under new ECCNs 8A609, 8B609, 8C609,
8D609, and 8E609.
    In the July 15 proposed rule, BIS proposed creating a series of new
ECCNs to control items that: (i) Would be moved from the USML to the
CCL or (ii) are listed on the Wassenaar Arrangement on Export Controls
for Conventional Arms and Dual-Use Goods and Technologies Munitions
List (Wassenaar Arrangement Munitions List or WAML) and are already
controlled elsewhere on the CCL. The proposed rule referred to this
series as the ``600 series'' because the third character in each of the
new ECCNs would be a ``6.'' The first two characters of the 600 series
ECCNs serve the same function as described for any other ECCN in Sec.
738.2 of the EAR. The first character is a digit in the range 0 through
9 that identifies the Category on the CCL in which the ECCN is located.
The second character is a letter in the range A through E that
identifies the product group within a CCL Category. In the 600 series,
the third character is the number 6. With few exceptions, the final two
characters identify the WAML category that covers items that are the
same or similar to items in a particular 600 series ECCN. However, in
this proposed rule, the final two characters correspond with the USML
Category XX, instead of WAML Category 20.
    BIS will publish additional Federal Register notices containing
proposed amendments to the CCL that will describe proposed controls for
additional categories of articles the President determines no longer
warrant control under the USML. The State Department will publish,
concurrently, proposed amendments to the USML that correspond to the
BIS notices. BIS will also publish proposed rules to further align the
CCL with the WAML and the Missile Technology Control Regime Equipment,
Software and Technology Annex.

Modifications to Provisions in the July 15 Proposed Rule

    In addition to the proposals mentioned above, this proposed rule
would make the following modifications to the July 15 proposed rule:
     Changes to ECCN 8A018, and
     Addition of the new Category 8 (600 series) ECCNs to Sec.
742.6(a)(1).
    These modifications are described in the section ``Scope of this
Proposed Rule.'' BIS will consider comments on the July 15 proposals
only for the specific paragraph, note, and ECCNs referenced above, and
only within the context of this proposed rule's modifications to them.

Scope of This Proposed Rule

    This proposed rule would create four new 600 series ECCNs in CCL
Category 8--8A620, 8B620, 8D620, and 8E620--that would clarify the EAR
controls that apply to certain submersible vessels and related items
not enumerated on the USML and also impose EAR controls on harbor
entrance detection devices and related articles the President
determines no longer warrant control under USML Category VI. Consistent
with the regulatory construct identified in the July 15 proposed rule,
this rule also would move closed and semi-closed circuit (rebreathing)
apparatus, engines and propulsion systems for submersible vessels, and
submarine and torpedo nets, which are currently classified under ECCN
8A018, to the new ECCN 8A620. As part of the proposed changes, ECCN
8A018, as amended, would cross-reference new ECCN 8A620 and current
ECCNs that control non-military submersible vehicles, oceanographic and
associated equipment. As noted in the July 15 proposed rule, moving
items from 018 ECCNs to the appropriate 600 series ECCNs would
consolidate the WAML and former USML items into one series of ECCNs.
    The review of USML Categories VI and XX by the Departments of
Defense, State and Commerce resulted in a determination by the agencies
that U.S. submarines, certain submersibles, oceanographic equipment and
related articles controlled on the USML provide a critical military and
intelligence advantage to the United States with many technologies that
are exclusively available in the United States. The exclusivity of this
technology and the need to preserve the tactical and strategic
superiority of the U.S. submarine force has resulted in very few
exports of these USML items. In view of these factors, combined with
the unique and independent nature of U.S. submarine operations and a
lesser need for interoperability with our NATO and other allies, the
licensing jurisdiction for submersible vessels, oceanographic equipment
and related articles currently controlled on the USML will remain
largely unchanged. Furthermore, unlike other proposed rules that have
been published as part of the Administration's Export Control Reform
Initiative, this proposed rule would not affect the licensing
jurisdiction of ``parts,'' ``components,'' ``accessories and
attachments'' ``specially designed'' for articles that would continue
to be controlled under USML Category VI or Category XX--such articles
would remain controlled on the USML.
    Military submersibles determined by the President to meet the
criteria for movement from the USML to the CCL include Deep Submergence
Rescue Vehicles (DSRV) and Deep Submergence Vehicles (DSV) and their
specially designed components. This proposed rule would include these
items in new ECCN 8A620. In addition, submersibles that are ``specially
designed'' for cargo transport, but not currently enumerated on either
the USML or the CCL, have been determined to warrant control on the CCL
(e.g., because they are known to have been used in illegal drug
trafficking activities) and would be included under new ECCN 8A620.
    The proposed changes are discussed in more detail, below.

New Category 8 (600 Series) ECCNs

    Harbor entrance detection devices and related articles that the
President determines no longer warrant control in USML Category VI
would be controlled under proposed new ECCNs 8A620, 8B620, 8D620, and
8E620. In addition, these new ECCNs would control certain submersible
vessels, oceanographic equipment and related equipment that are not
controlled under Category XX of

the USML. With this proposed rule, BIS thus would establish a new,
unilateral control on submersibles ``specially designed'' for cargo
transport that are not currently subject to USML or CCL controls. These
new ECCNs follow the 600 series construct identified in the July 15
proposed rule.
    Paragraph .a of ECCN 8A620 would control submersible and semi-
submersible vessels ``specially designed'' for a military use, but not
enumerated on the USML (DSRVs and DSVs). Paragraph .b of ECCN 8A620
would control submersible and semi-submersible vessels ``specially
designed'' for cargo transport (submersible and semi-submersible
vessels of a type known to have been used in illegal drug trafficking
activities) and ``parts,'' ``components,'' ``accessories and
attachments'' ``specially designed'' therefor. Paragraph .c of ECCN
8A620 would control harbor entrance detection devices (magnetic,
pressure, and acoustic) and controls therefor, not elsewhere specified
on the USML or the CCL. Paragraph .d of ECCN 8A620 would control
certain engines and propulsion devices for submersible or semi-
submersible vessels. Paragraphs .e and .f would control submarine and
torpedo nets and certain closed and semi-closed circuit (rebreathing)
apparatus, respectively. Paragraphs .g through .w would be reserved for
possible future use. Paragraph .x would control parts, components,
accessories and attachments (including certain unfinished products that
have reached a stage in manufacturing where they are clearly
identifiable as commodities controlled by paragraph .x) that are
``specially designed'' for a commodity in paragraphs .a and .c through
.f; however, paragraph .x would not include items ``specially
designed'' for a defense article in USML Category VI or XX. Paragraph
.y would consist of specific types of commodities that, if ``specially
designed'' for a commodity subject to control in ECCN 8A620, warrant
less strict controls because they have little or no military
significance. Commodities listed in paragraph .y would be subject to
antiterrorism (AT Column 1) controls, which currently impose a license
requirement for five countries. A license also would be required, in
accordance with the July 15 proposed rule, if commodities listed in
paragraph .y were destined to the People's Republic of China for a
military end use as described in Sec.  744.21 of the EAR.
    Unlike previous proposed rules published by BIS that are part of
the Administration's Export Control Reform Initiative, paragraphs .x
and .y in new ECCN 8A620 would control only ``parts,'' ``components,''
``accessories and attachments'' that are ``specially designed'' for a
commodity enumerated in ECCN 8A620 and not specified elsewhere in the
CCL. These paragraphs would not also control ``parts,'' ``components,''
``accessories and attachments'' that are ``specially designed'' for a
defense article on the USML (i.e., a defense article in Category VI or
Category XX).
    This proposed rule does not add gas turbine engines for submersible
or semi-submersible vessels to the proposed new ECCN 8A620. Instead,
the Administration issued a separate proposed rule, on December 6, 2011
(76 FR 76072), describing the U.S. Government's controls on gas turbine
engines and related items for military aircraft, ships, and vehicles
that no longer warrant control under the USML or an existing 018 ECCN
on the CCL. Similarly, this proposed rule does not address military
surface vessels and related equipment that no longer warrant control
under the USML. BIS is addressing controls on these items in a separate
proposed rule that is being published in conjunction with this proposed
rule on December 23, 2011.
    ECCN 8B620.a would control test, inspection, and production
``equipment'' and related commodities ``specially designed'' for the
``development'' or ``production'' of commodities enumerated in ECCN
8A620 (except for items in 8A620.b and .y) and not elsewhere on the CCL
or in the USML. Paragraph .b of ECCN 8B620 would control test,
inspection, and production ``equipment'' and related commodities
``specially designed'' for the ``development'' or ``production'' of
commodities enumerated in ECCN 8A620.b. Paragraphs .c through .x would
be reserved for possible future use. ECCN 8B620.y would control
specific test, inspection, and production ``equipment'' ``specially
designed'' for the ``production'' or ``development'' of commodities
enumerated in ECCN 8A620 (except for items in 8A620.y) and ``parts,''
``components,'' ``accessories and attachments'' ``specially designed''
therefor. However, unlike previous Export Control Reform Initiative
proposed rules published by BIS, this proposed rule would not include
in paragraph .y those items that are ``specially designed'' for
articles on the USML. Since this proposed rule does not list specific
equipment under paragraph .y, sub-paragraphs .y.1 through y.98 would be
reserved for possible future use.
    This proposed rule does not add a new ECCN 8C620 to control
materials, not specified elsewhere in the CCL, that are ``specially
designed'' for the ``development'' or ``production'' of commodities
enumerated in ECCN 8A620. In this regard, BIS understands that USML
subcategory XIII(f) would continue to control structural materials
``specifically designed, developed, configured, modified, or adapted
for defense articles,'' such as warships and vessels controlled by USML
subcategory VI(a) or submersible vessels and related articles
controlled by Category XX. The State Department plans to publish a
proposed rule that would make USML subcategory XIII(f) a positive list
of controlled structural materials.
    ECCN 8D620.a would control ``software'' ``specially designed'' for
the ``development,'' ``production,'' operation, or maintenance of
commodities enumerated in 8A620 (except 8A620.b and .y) or 8B620
(except 8B620.b and .y). Paragraph .b of ECCN 8D620 would control
``software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities enumerated in
8A620.b or 8B620.b. Paragraphs .c through .x of ECCN 8D620 would be
reserved for possible future use. ECCN 8D620.y would control specific
``software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities enumerated in
ECCN 8A620.y or 8B620.y.
    ECCN 8E620.a would control ``technology'' ``required'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul, or refurbishment of items enumerated in ECCN 8A620
(except 8A620.y), 8B620 (except 8B620.y), or 8D620 (except 8D620.y).
Paragraph .b of 8E620 would control ``technology'' ``required'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul, or refurbishment of items enumerated in ECCN 8A620.b,
8B620.b or 8D620.b. Paragraphs .c through .x of ECCN 8E620 would be
reserved for possible future use. ECCN 8E620.y would control specific
``technology'' ``specially designed'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishment of items enumerated in ECCN 8A620.y, 8B620.y, or
8D620.y.
    In addition, ECCNs 8A620, 8B620, 8D620, and 8E620 would each
contain a special paragraph designated ``.y.99.'' Paragraph .y.99 would
control any item that meets all of following criteria: (i) The item is
not listed on the CCL; (ii) the item was previously determined to

be subject to the EAR in an applicable commodity jurisdiction
determination issued by the U.S. Department of State; and (iii) the
item would otherwise be controlled under one of these Category 8, 600
series, ECCNs because, for example, the item was ``specially designed''
for a military use. Items in these .y.99 paragraphs would be subject to
antiterrorism (AT) controls.
    This proposed rule also would affect the items currently controlled
under ECCN 8A018. Specifically, engines and propulsion systems
currently controlled under ECCN 8A018.b.1, .b.2, and .b.3 would be
moved to new ECCN 8A620.d.1, .d.2, and .d.3, respectively. In addition,
anti-submarine and anti-torpedo nets currently controlled under ECCN
8A018.b.4 would be moved to new ECCN 8A620.e and closed and semi-closed
circuit (rebreathing) apparatus would be moved to new ECCN 8A620.f. In
conjunction with the establishment of the new ECCN 8X620 entries, and
consistent with the July 15 proposed rule's statement that 018 entries
would remain in the CCL for a time, but only for cross-reference
purposes, this rule would amend ECCN 8A018 to remove all language
except cross references to the new 600 series ECCNs that cover the
items in the new ECCN 8A620 (i.e., ECCN 8A620.d, .e, and .f).

Corresponding Amendments

    As discussed in further detail below, the July 15 proposed rule
stated that one reason for control for items classified in the 600
series is regional stability (RS) (specifically, RS Column 1). Items
classified under proposed ECCN 8A620 or ECCN 8B620, other than ECCN
8A620.y or ECCN 8B620.y items, as well as related technology and
software classified under ECCNs 8D620 and 8E620, would be controlled
for this reason, among others. Correspondingly, this proposed rule
would revise Sec.  742.6 of the EAR to apply the RS Column 1 licensing
policy to commodities classified under ECCN 8A620 and 8B620 (except
paragraphs .y of those ECCNs), and to related software and technology
classified under ECCNs 8D620 and 8E620. Note that the proposed rule on
military aircraft and related items that BIS published on November 7
would amend the RS Column 1 licensing policy to impose a general policy
of denial for ``600 series'' items if the destination is subject to a
United States arms embargo.

Relationship to the July 15 Proposed Rule

    As referenced above, the purpose of the July 15 proposed rule is to
establish within the EAR the framework for controlling on the CCL
articles that the President determines no longer warrant control on the
USML. To facilitate that goal, the July 15 proposed rule contains
definitions and concepts that are meant to be applied across
Categories. However, as BIS undertakes rulemakings to move specific
categories of items from the USML to the CCL, if and after the
President determines that such articles no longer warrant control under
the USML, there may be unforeseen issues or complications that require
BIS to reexamine those definitions and concepts. The comment period for
the July 15 proposed rule closed on September 13, 2011. In the November
7 proposed rule, BIS proposed several changes to those definitions and
concepts. The comment period for the November 7 proposed rule closed on
December 22, 2011.
    To the extent that this rule's proposals affect any provision in
July 15 proposed rule or the July 15 proposed rule's provisions affect
this proposed rule, BIS will consider comments on those provisions so
long as they are within the context of the changes proposed in this
rule. For example, BIS will consider comments on how the movement of
Category VI and Category XX items from the USML to the CCL affects a
definition, restriction, or provision that was contained in the July 15
proposed rule. BIS will also consider comments on the impact of a
definition of a term in the July 15 proposed rule when that term is
used in this proposed rule. BIS will not consider comments of a general
nature regarding the July 15 proposed rule that are submitted in
response to this rulemaking.
    BIS believes that the following provisions of the July 15 proposed
rule and the November 7 proposed rule on aircraft and related items are
among those that could affect the items covered by this proposed rule:
     De minimis provisions in Sec.  734.4;
     Restrictions on use of license exceptions in Sec. Sec.
740.2, 740.10, 740.11, and 740.20;
     Change to national security licensing policy in Sec.
742.4;
     Requirement to request authorization to use License
Exception STA for end items in 600 series ECCNs and procedures for
submitting such requests in Sec. Sec.  740.2, 740.20, 748.8 and Supp.
No. 2 to part 748;
     Addition of 600 series items to Supplement No. 2 to Part
744--List of Items Subject to the Military End-Use Requirement of Sec.
744.21; and
     Definitions of terms in Sec.  772.1.
    BIS believes that the following provisions of this proposed rule
are among those that could affect the provisions of the July 15 and
November 7 proposed rules:
     Additional 600 series items identified in the RS Column
licensing policy described in Sec.  742.6.

Effects of This Proposed Rule

    BIS believes that this proposed rule would have little effect, in
practical terms, on exports and reexports of the items included in new
ECCNs 8A620, 8B620, 8D620, or 8E620 that the President determines no
longer warrant control on the USML. Unlike the previous proposed rules
published by BIS that are part of the Administration's Export Control
Reform Initiative and would add 600 series ECCNs to control articles
the President determines no longer warrant control under the USML, this
proposed rule would affect only exports and reexports of items
enumerated in ECCN 8A620, ``specially designed'' ``parts,''
``components,'' ``accessories and attachments'' therefor (as indicated
in ECCN 8A620.x or .y), and related items described in ECCN 8B620,
8D620, or 8E620. This rule would not affect the licensing jurisdiction
for ``parts,'' ``components,'' ``accessories and attachments''
``specially designed'' for articles that would continue to be
controlled under USML Category VI or Category XX--such articles would
remain controlled on the USML. Furthermore, based the licensing history
for the items affected by this rule, BIS anticipates receiving an
average of less than one license application per year for each type of
item (e.g., the items described in ECCN 8A620, including those that
currently are controlled under ECCN 8A018).
    In terms of specific EAR requirements, this rule would make
additional items eligible for de minimis consideration under the EAR
(i.e., ``specially designed'' ``parts,'' ``components,'' ``accessories
and attachments'' for items enumerated in ECCN 8A620.a, .b, or .c, as
indicated in ECCN 8A620.x or .y--de minimis consideration currently is
available for the ECCN 8A018 items that would be moved to ECCN 8A620.d,
.e, or .f). However, items ``specially designed'' for articles that
would continue to be controlled under USML Category VI or Category XX
also would remain controlled on the USML. In addition, there will be
greater flexibility for certain 600 series ECCN items (i.e., items
enumerated in ECCN 8A620.a, .b, or .c) with respect to the availability
of certain license exceptions, such as License Exceptions GOV and STA.
Some of these specific effects are discussed in more detail below. The

actual impact of these changes is likely to be negligible in light of
the fact that BIS anticipates receiving only a limited number of
license applications for such items.

De minimis

    The July 15 proposed rule would impose certain unique de minimis
requirements on items controlled under the new 600 series ECCNs.
Section 734.3 of the EAR provides, inter alia, that under certain
conditions items made outside the United States that incorporate items
subject to the EAR are not subject to the EAR if they do not exceed a
``de minimis'' percentage of controlled U.S. origin content. Depending
on the destination, the de minimis percentage can be either 10 percent
or 25 percent. If the July 15 proposed rule's amendments at Sec.  734.4
of the EAR are adopted, the new ECCNs 8A620, 8B620, 8D620 and 8E620
proposed in this rule would be subject to the de minimis provisions set
forth in the July 15 proposed rule, because they would be ``600
series'' ECCNs. Foreign-made items incorporating items in the new ECCNs
would become eligible for de minimis treatment at the 10 percent level
(i.e., a foreign-made item is not subject to the EAR, for de minimis
purposes, if the value of its U.S.-origin controlled content does not
exceed 10 percent of foreign-made item's value). In contrast, the AECA
does not permit the ITAR to have a de minimis treatment for USML-listed
items, regardless of the significance or insignificance of the U.S.-
origin content or the percentage of U.S.-origin content in the foreign-
made item (i.e., USML-listed items remain subject to the ITAR when they
are incorporated abroad into a foreign-made item, regardless of either
of these factors). In addition, foreign-made items that incorporate any
items that are currently classified under an 018 ECCN and that are
moved to a new 600 series ECCN would be subject to the EAR if those
foreign-made items contained more than 10 percent U.S.-origin
controlled content, regardless of the destination and regardless of the
proportion of the U.S.-origin controlled content accounted for by the
former 018 ECCN items.

Use of License Exceptions

    The July 15 proposed rule would impose certain restrictions on the
use of license exceptions for items that would be controlled under the
new 600 series ECCNs on the CCL. For example, proposed Sec.
740.2(a)(12) would make 600 series items that are destined for a
country subject to a United States arms embargo ineligible for shipment
under a license exception, except where authorized by License Exception
GOV under Sec.  740.11(b)(2)(ii) of the EAR. BIS believes that, even
with the July 15 and November 7 proposed restrictions on the use of
license exceptions for 600 series items, the restrictions on those
items currently on the USML would be reduced, particularly with respect
to exports to NATO members and multiple-regime member countries, if
those items are moved from the USML to proposed ECCN 8A620. BIS also
believes that, in practice, the movement of items from an 018 ECCN to a
new 600 series ECCN (e.g., engines and propulsion systems for
submersible vessels from 8A018.b.1, b.2, and .b.3 to 8A620.d.1, .d.2,
and .d.3, respectively, submarine and torpedo nets from 8A018.b.4 to
8A620.e, and closed and semi-closed circuit (rebreathing) apparatus
from 8A018.a to 8A620.f) would have little effect on license exception
availability for those items. However, BIS is aware of two situations
(the use of License Exceptions GOV and STA) in which movement of items
from an 018 ECCN to a new 600 series ECCN could, in practice, impose
greater limits on the use of license exceptions than currently is the
case.
    First, the July 15 proposed rule would limit the use of License
Exception GOV for 600 series commodities to situations in which the
United States Government is the consignee and end user or to situations
in which the consignee or end user is the government of a country
listed in Sec.  740.20(c)(1). Currently, closed and semi-closed circuit
(rebreathing) apparatus classified under ECCN 8A018.a, engines and
propulsion systems classified under 8A018.b.1, b.2, or .b.3 and
submarine and torpedo nets classified under ECCN 8A018.b.4, may be
exported under any provision of License Exception GOV to any
destination authorized by that provision if all of the conditions of
that provision are met and nothing else in the EAR precludes such
shipment.
    Second, the July 15 proposed rule would: (i) Limit the use of
License Exception STA for ``end items'' in 600 series ECCNs to those
end items for which a specific request for License Exception STA
eligibility (filed in conjunction with a license application) has been
approved and (ii) require that the end item be for ultimate end use by
a foreign government agency of a type specified in the July 15 proposed
rule. The July 15 proposed rule also would limit exports of 600 series
parts, components, accessories, and attachments under License Exception
STA for ultimate end use by the same set of end users. Neither
restriction currently applies to the use of License Exception STA for
commodities classified under ECCN 8A018.a or .b, but both would apply
to closed and semi-closed circuit (rebreathing) apparatus currently
controlled under 8A018.a and submarine and torpedo nets currently
controlled under ECCN 8A018.b.4. In addition, the July 15 proposed rule
would limit the shipment of 600 series items under License Exception
STA to destinations listed in Sec.  740.20(c)(1). Currently, the
commodities classified under ECCN 8A018.a or .b (which would be moved
to ECCN 8A620 by this proposed rule) may be shipped under License
Exception STA to destinations listed in Sec.  740.20(c)(1) or (c)(2).

Making U.S. Export Controls More Consistent With the Wassenaar
Arrangement Munitions List Controls

    The Administration has stated, since the beginning of the Export
Control Reform Initiative, that the reforms will be consistent with the
obligations of the United States to the multilateral export control
regimes. Accordingly, the Administration will, in this and subsequent
proposed rules, exercise its national discretion to implement, clarify,
and, to the extent feasible, align its controls with those of the
regimes. For example, the proposed ECCN 8A620 tracks, to the extent
possible, the numbering structure and text of WAML category 9
pertaining to submersible vessels not subject to the ITAR. It also
implements in 8A620.x the controls in WAML category 16 for forgings,
castings, and other unfinished products; in 8B620.a the controls in
WAML category 18 for production equipment; in 8D620 the applicable
controls in WAML category 21 for software; and in 8E620 the applicable
controls in WAML category 22 for technology.

Other Effects

    Pursuant to the framework identified in the July 15 proposed rule,
commodities classified under ECCN 8A620 (other than ECCN 8A620.b and
.y), along with related test inspection and production equipment,
software, and technology classified under ECCN 8B620, 8D620 or 8E620
(except items classified under the .b and .y paragraphs of these
ECCNs), would be subject to the licensing policies that apply to items
controlled for national security (NS) reasons, as described in Sec.
742.4(b)(1)--specifically, NS Column 1 controls. In addition, all
commodities in ECCN 8A620 (other than those identified in 8A620.y,
which are controlled for AT Column 1 anti-terrorism reasons only and
may also be subject to the

prohibitions described in Part 744), along with related test,
inspection and production equipment, software and technology classified
under ECCN 8B620, 8D620 or 8E620 (except items classified under the .y
paragraphs of these ECCNs), would be subject to the regional stability
licensing policies set forth in Sec.  742.6(a)(1)--specifically, RS
Column 1.
    The July 15 proposed rule would change Sec.  742.4 to apply a
general policy of denial to 600 series items for destinations that are
subject to a United States arms embargo. That policy would apply to all
items controlled for national security (NS) reasons under this proposed
rule. The November 7 proposed rule would expand that general policy of
denial to include 600 series items subject to the licensing policies
that apply to items controlled for regional stability reasons, as
described in Sec.  742.6(b)(1)--specifically, RS Column 1. While this
change might seem redundant for the items affected by this proposed
rule, it ensures that a general denial policy would apply to any 600
series items that are controlled for missile technology (MT) and
regional stability (RS) reasons, but not for national security (NS)
reasons (as would be the case for certain items affected by the
aircraft rule).

Jurisdictional and Classification Status of Items Subject to Previous
Commodity Jurisdiction Determinations

    The Administration recognizes that some items that would fall
within the scope of the proposed new ECCNs will have been subject to
commodity jurisdiction (CJ) determinations issued by the United States
Department of State. The State Department will have either determined
that the item was subject to the jurisdiction of the ITAR or that it
was not. (See 22 CFR 120.3 and 120.4.) Under this proposed rule, items
that the State Department determined to be not subject to the ITAR and
that are not described on the CCL would be subject to the AT-only
controls of the ``.y.99'' paragraph of a 600 series ECCN if they would
otherwise be within the scope of the ECCN. Thus, for example, ECCN
8A620.x would control any part, component, accessory, or attachment
``specially designed'' for a commodity enumerated in ECCN 8A620 that is
not specified elsewhere on the CCL (in this regard, note that 8A620.x
would not control items ``specially designed'' for an article
identified on the USML). However, any part, component, accessory or
attachment that is determined by CJ not to be subject to the ITAR and
is (as defined) ``specially designed'' for a submersible or semi-
submersible vessel or other commodity controlled by ECCN 8A620 would be
controlled under 8A620.y.99 if it is not identified elsewhere on the
CCL. If the item is controlled, either as a matter of law or as the
result of a subsequent commodity classification (``CCATS'')
determination by Commerce, under an ECCN that is currently on the CCL
(e.g., ECCN 8A992.f), that ECCN would continue to apply to the item.
This general approach will, pending public comment, be repeated in
subsequent proposed rules pertaining to other categories of items.
    If, however, the State Department had made a CJ determination that
a particular item was subject to the jurisdiction of ITAR but that item
is not described on the final, implemented version of a revised USML
category, a new CJ determination would not be required unless there is
doubt about the application of the new USML category to the item. (See
22 CFR 120.4.) Thus, unless there are doubts about the jurisdictional
status of a particular item, exporters and reexporters would be
entitled to rely on the revised USML categories when making
jurisdictional determinations, notwithstanding past CJ determinations
that, under the previous version of the USML, the item was ITAR
controlled.
    Finally, if the State Department had made a CJ determination that a
particular item was subject to the jurisdiction of the ITAR and that
item remains in the revised USML, the item would remain subject to the
jurisdiction of the ITAR.

Section-by-Section Description of the Proposed Changes

     Section 742.6--ECCNs 8A620, 8B620, 8D620 and 8E620 are
added to Sec.  742.6(a)(1) to impose an RS Column 1 license requirement
and licensing policy, including a general policy of denial in Section
742.6(b)(1) for applications to export or reexport ``600 series'' items
to destinations that are subject to a United States arms embargo.
     Supplement No. 1 to part 774--ECCNs 8A620, 8B620, 8D620
and 8E620 would be added to Supplement No. 1 to part 774. ECCN 8A018
would be amended to remove all language except cross references to
engines and propulsion systems for submersible vessels, submarine and
torpedo nets, and closed and semi-closed circuit (rebreathing)
apparatus that would be moved from ECCN 8A018 to proposed new ECCN
8A620 under paragraphs .d, .e, and .f, respectively.

Request for Comments

    BIS seeks comments on this proposed rule. BIS will consider all
comments received on or before February 6, 2012. All comments
(including any personally identifying information or information for
which a claim of confidentially is asserted either in those comments or
their transmittal emails) will be made available for public inspection
and copying. Parties who wish to comment anonymously may do so by
submitting their comments via Regulations.gov, leaving the fields that
would identify the commenter blank and including no identifying
information in the comment itself.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 12,
2011, 76 FR 50661 (August 16, 2011), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222.

Regulatory Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    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 proposed rule would affect two approved
collections: Simplified Network Application Processing + System
(control number 0694-0088), which includes, among other things, license

applications, and License Exceptions and Exclusions (0694-0137).
    As stated in the proposed rules published at 76 FR 41958 (July 15,
2011), 76 FR 41958 (July 15, 2011), 76 FR 68675 (November 7, 2011), 76
FR 76072 (December 6, 2011), and 76 FR 76085 (December 6, 2011) and in
the proposed rule on military surface vessels and related equipment
that is being published in conjunction with this proposed rule on
December 23, 2011, BIS believes that the combined effect of all rules
to be published adding items to EAR that would be removed from the ITAR
as part of the administration's Export Control Reform Initiative would
increase the number of license applications to be submitted by
approximately 16,000 annually, resulting in an increase in burden hours
of 5,067 (16,000 transactions at 17 minutes each) under control number
0694-0088.
    Some items formerly on the USML would become eligible for License
Exception STA under this rule. Other such items may become eligible for
License Exception STA upon approval of a request submitted in
conjunction with a license application. As stated in the July 15 and
November 7 proposed rules published by BIS, in the two proposed rules
that BIS published on December 6, and in the proposed rule on military
surface vessels and related equipment that BIS is publishing in
conjunction with this proposed rule on December 23, 2011, BIS believes
that the increased use of License Exception STA resulting from the
combined effect of all rules to be published adding items to EAR that
would be removed from the ITAR as part of the administration's Export
Control Reform Initiative would increase the burden associated with
control number 0694-0137 by about 23,858 hours (20,450 transactions @ 1
hour and 10 minutes each).
    BIS does not expect that these changes would result in a measurable
increase in burden with respect to the items affected by this proposed
rule (i.e., the items that would be moved from the 018 ECCNs to the new
600 series ECCNs and the items that would be included in the new 600
series ECCNs because the President determines such items no longer
warrant control under the USML). The reason for this is that the export
and reexport trade in the items that would be controlled under new ECCN
8A620, 8B620, 8D620, or 8E620 is very limited. In fact, BIS anticipates
receiving an average of less than one license application per year for
each type of item controlled under these ECCNs.
    Similarly, BIS does not expect that the addition to new ECCNs
8A620, 8B620, 8D620, and 8E620 of items that the President determines
no longer warrant control under the USML would result in a measurable
decrease in burden, given the very limited volume of export and
reexport trade in such items. Furthermore, unlike the previous proposed
rules published by BIS that are part of the Administration's Export
Control Reform Initiative, this proposed rule would reduce burden hours
only with respect to exports and reexports of certain items enumerated
in ECCN 8A620 (specifically ECCN 8A620.a, .b, and .c), ``specially
designed'' ``parts,'' ``components,'' ``accessories and attachments''
therefore (as indicated in ECCN 8A620.x or .y), and related items
described in ECCN 8B620, 8D620, or 8E620. This proposed rule would not
affect the licensing jurisdiction for ``parts,'' ``components,''
``accessories and attachments'' ``specially designed'' for articles
that would continue to be controlled under USML Category VI or Category
XX--such articles would remain controlled on the USML. Therefore, the
reduction in burden hours that would result from this proposed rule
would be significantly less than in the previous Export Control Reform
Initiative proposed rules published by BIS.
    In conclusion, due to the very limited volume of export and
reexport trade in the items that would be affected by this proposed
rule, BIS does not expect the proposed amendments described therein to
result in a measurable change in burden.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Under section 605(b) of the RFA, however, if
the head of an agency certifies that a rule will not have a significant
impact on a substantial number of small entities, the statute does not
require the agency to prepare a regulatory flexibility analysis.
Pursuant to section 605(b), the Chief Counsel for Regulation,
Department of Commerce, certified to the Chief Counsel for Advocacy,
Small Business Administration that this proposed rule, if promulgated,
will not have a significant impact on a substantial number of small
entities for the reasons explained below. Consequently, BIS has not
prepared a regulatory flexibility analysis. A summary of the factual
basis for the certification is provided below.

Number of Small Entities

    The Bureau of Industry and Security (BIS) does not collect data on
the size of entities that apply for and are issued export licenses.
Although BIS is unable to estimate the exact number of small entities
that would be affected by this rule, it acknowledges that this rule
would affect some unknown number.

Economic Impact

    This proposed rule is part of the Administration's Export Control
Reform Initiative. Under that initiative, the United States Munitions
List (22 CFR part 121) (USML) would be revised to be a ``positive''
list, i.e., a list that does not use generic, catch-all controls on any
part, component, accessory, attachment, or end item that was in any way
specifically modified for a defense article, regardless of the
article's military or intelligence significance or non-military
applications. At the same time, articles that are determined to no
longer warrant control on the USML would become controlled on the
Commerce Control List (CCL). Such items, along with certain military
items that currently are on the CCL, will be identified in specific
Export Control Classification Numbers (ECCNs) known as the ``600
series'' ECCNs. In addition, some items currently on the Commerce
Control List would move from existing ECCNs to the new 600 series
ECCNs.
    This rule addresses certain submersible and semi-submersible
vessels currently enumerated in USML Category XX (i.e., Deep
Submergence Rescue Vehicles (DSRV) and Deep Submergence Vehicles
(DSV)), certain submersible and semi-submersible vessels ``specially
designed'' for cargo transport (i.e., vessels not currently enumerated
on either the USML or the CCL, but determined to warrant control on the
CCL, because they are known to have been used in illegal drug
trafficking activities), items currently controlled under ECCN 8A018
(i.e., closed and semi-closed circuit (rebreathing) apparatus, engines
and propulsion systems for submersible and semi-submersible vessels,
and submarine and torpedo nets), and certain articles currently
enumerated in USML Category VI (i.e., harbor entrance detection devices
and related articles).

    BIS does not anticipate that the changes described in this proposed
rule would have a measurable impact on small entities. This is because
the export and reexport trade in the items that would be controlled
under new ECCN 8A620, 8B620, 8D620, or 8E620 is very limited. In
addition, this proposed rule would not affect the licensing
jurisdiction for ``parts,'' ``components,'' ``accessories and
attachments'' ``specially designed'' for articles that would continue
to be controlled under USML Category VI or Category XX. In contrast to
the other proposed rules that BIS has published as part of the
Administration's Export Control Reform Initiative, such articles would
remain controlled on the USML. In fact, based on the licensing history
of the items that would be affected by this proposed rule, BIS
anticipates receiving an average of less than one license application
per year for each type of item controlled under these new 600 series
ECCNs.
    Although BIS anticipates that the changes that would be made by
this proposed rule would not have a measurable impact on the burden on
small entities, changing the jurisdictional status of certain Category
VI and Category XX articles would, potentially, reduce the burden on
small entities (and other entities as well) through: (i) Elimination of
some license requirements, (ii) greater availability of license
exceptions, (iii) simpler license application procedures, and (iv)
reduced, or eliminated, registration fees.
    For example, parts and components identified in ECCN 8A620.y would
be designated immediately as parts and components that, even if
specially designed for a military use, have little or no military
significance (in this regard, note that ECCN 8A620.y would control only
parts or components ``specially designed'' for items that would be
controlled by ECCN 8A620.a through .f--not parts and components
``specially designed'' for articles enumerated on the USML). Those
parts and components identified in proposed ECCN 8A620.y that currently
require a license under the ITAR to nearly all destinations would,
under the EAR, require a license to only five destinations and, if
destined for a military end use, to the People's Republic of China.
    Certain exports and reexports of the Category VI and Category XX
articles that would be placed on the CCL by this rule would become
eligible for license exceptions that apply to shipments to United
States Government agencies, shipments valued at less than $1,500, parts
and components being exported for use as replacement parts, temporary
exports, and License Exception Strategic Trade Authorization (STA),
reducing the number of licenses that exporters of these items would
need. Under License Exception STA, the exporter would need to furnish
information about the item being exported to the consignee and obtain a
statement from the consignee that, among other things, would commit the
consignee to comply with the EAR and other applicable U.S. laws.
Because such statements and obligations can apply to an unlimited
number of transactions and have no expiration date, they would impose a
net reduction in burden on transactions that the government routinely
approves through the license application process that the License
Exception STA statements would replace.
    Even for exports and reexports for which a license would be
required, the process would be simpler and less costly under the EAR.
When a USML Category VI or Category XX article is moved to the CCL, the
number of destinations for which a license is required would remain
unchanged. However, the burden on the license applicant would decrease
because the licensing procedure for CCL items is simpler and more
flexible that the license procedure for UMSL articles.
    Under the USML licensing procedure, an applicant must include a
purchase order or contract with its application. There is no such
requirement under the CCL licensing procedure. This difference gives
the CCL applicant at least two advantages. First, the applicant has a
way of determining whether the U.S. Government will authorize the
transaction before it enters into potentially lengthy, complex and
expensive sales presentations or contract negotiations. Under the USML
procedure, the applicant must caveat all sales presentations with a
reference to the need for government approval and is more likely to
engage in substantial effort and expense only to find that the
government will reject the application. Second, a CCL license applicant
need not limit its application to the quantity or value of one purchase
order or contract. It may apply for a license to cover all of its
expected exports or reexports to a specified consignee over the life of
a license (normally two years, but may be longer if circumstances
warrant a longer period), thus reducing the total number of licenses
for which the applicant must apply.
    For items currently on the CCL that would be moved from existing
ECCNs to the new 600 series ECCNs (i.e., the items currently controlled
under ECCN 8A018), license exception availability would be narrowed
somewhat and the applicable de minimis threshold for foreign-made
products containing those items would in some cases be reduced from 25
percent to 10 percent. However, similar to the changes affecting the
USML Category VI and Category XX articles described above, BIS
anticipates that these changes would have little impact on the burden
on small entities in light of the extremely limited number of exports
and reexports involving the items currently controlled under ECCN
8A018.

Conclusion

    BIS is unable to determine the precise number of small entities
that would be affected by this rule. Based on the facts and conclusions
set forth above, BIS anticipates that none of the changes proposed by
this rule would likely have a measurable impact on the burden on small
entities, due to the limited number of exports and reexports involving
the items that would be affected by this proposed rule. However,
although BIS anticipates that the changes that would be made by this
proposed rule would not have a measurable impact on the burden on small
entities, changing the jurisdictional status of certain Category VI and
Category XX articles would, potentially, reduce the burden on small
entities by reducing the number of items that would require a license,
increased opportunities for use of license exceptions for exports to
certain countries, simpler export license applications, reduced or
eliminated registration fees and application of a de minimis threshold
for foreign-made items incorporating U.S.-origin parts and components,
which would reduce the incentive for foreign buyers to design out or
avoid U.S.-origin content. For these reasons, the Chief Counsel for
Regulation of the Department of Commerce certified to the Chief Counsel
for Advocacy of the Small Business Administration that this rule, if
adopted in final form, would not have a significant economic impact on
a substantial number of small entities.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.
    For the reasons stated in the preamble, parts 742 and 774 of the
Export Administration Regulations (15 CFR parts 730-774) are proposed
to be amended as follows:

 PART 742--[AMENDED]

    1. The authority citation for 15 CFR part 742 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 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 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August
12, 2011, 76 FR 50661 (August 16, 2011); Notice of November 9, 2011,
76 FR 70319 (November 10, 2011).

    2. Section 742.6 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  742.6  Regional stability.

    (a) * * *
    (1) RS Column 1 License Requirements in General. As indicated in
the CCL and in RS column 1 of the Commerce Country Chart (see
Supplement No. 1 to part 738 of the EAR), a license is required to all
destinations, except Canada, for items described on the CCL under ECCNs
0A521; 0A606 (except 0A606.b and .y); 0B521; 0B606 (except 0B606.y);
0C521; 0C606 (except 0C606.y); 0D521; 0D606 (except 0D606.y); 0E521;
0E606 (except 0E606.y); 6A002.a.1, a.2, a.3, .c, or .e; 6A003.b.3, and
b.4.a; 6A008.j.1; 6A998.b; 6D001 (only ``software'' for the
``development'' or ``production'' of items in 6A002.a.1, a.2, a.3, .c;
6A003.b.3 and .b.4; or 6A008.j.1); 6D002 (only ``software'' for the
``use'' of items in 6A002.a.1, a.2, a.3, .c; 6A003.b.3 and .b.4; or
6A008.j.1); 6D003.c; 6D991 (only ``software'' for the ``development,''
``production,'' or ``use'' of equipment classified under 6A002.e or
6A998.b); 6E001 (only ``technology'' for ``development'' of items in
6A002.a.1, a.2, a.3 (except 6A002.a.3.d.2.a and 6A002.a.3.e for lead
selenide focal plane arrays), and .c or .e, 6A003.b.3 and b.4, or
6A008.j.1); 6E002 (only ``technology'' for ``production'' of items in
6A002.a.1, a.2, a.3, .c, or .e, 6A003.b.3 or b.4, or 6A008.j.1); 6E991
(only ``technology'' for the ``development,'' ``production,'' or
``use'' of equipment classified under 6A998.b); 6D994; 7A994 (only
QRS11-00100-100/101 and QRS11-0050-443/569 Micromachined Angular Rate
Sensors); 7D001 (only ``software'' for ``development'' or
``production'' of items in 7A001, 7A002, or 7A003); 7E001 (only
``technology'' for the ``development'' of inertial navigation systems,
inertial equipment, and specially designed components therefor for
civil aircraft); 7E002 (only ``technology'' for the ``production'' of
inertial navigation systems, inertial equipment, and specially designed
components therefor for civil aircraft); 7E101 (only ``technology'' for
the ``use'' of inertial navigation systems, inertial equipment, and
specially designed components for civil aircraft); 8A609 (except
8A609.y); 8A620 (except 8A620.y); 8B609 (except 8B609.y); 8B620 (except
8B620.y); 8C609 (except 8C609.y); 8D609 (except software for the
``development,'' ``production,'' operation, or maintenance of
commodities controlled by 8A609.y, 8B609.y, or 8C609.y); 8D620 (except
software for the ``development,'' ``production,'' operation, or
maintenance of commodities controlled by 8A620.y or 8B620.y); 8E609
(except ``technology'' for the ``development,'' ``production,''
operation, installation, maintenance, repair, overhaul, or
refurbishment of commodities controlled by 8A609.y, 8B609.y, or
8C609.y); 8E620 (except ``technology'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishment of commodities controlled by 8A620.y or 8B620.y);
9A610 (except 9A610.y); 9A619 (except 9A619.y); 9B610 (except 9B610.y);
9B619 (except 9B619.y); 9C610 (except 9C610.y); 9C619 (except 9C619.y);
9D610 (except software for the ``development,'' ``production,''
operation, installation, maintenance, repair, or overhaul of
commodities controlled by 9A610.y, 9B610.y, or 9C610.y); 9D619 (except
software for the ``development,'' ``production,'' operation, or
maintenance of commodities controlled by 9A619.y, 9B619.y, or 9C619.y);
9E610 (except ``technology'' for the ``development,'' ``production,''
operation, installation, maintenance, repair, overhaul, or
refurbishment of commodities controlled by ECCN 9A610.y, 9B610.y, or
9C610.y); and 9E619 (except ``technology'' for the ``development,''
``production'' operation, installation, maintenance, repair, overhaul,
or refurbishment of commodities controlled by ECCN 9A619.y, 9B619.y, or
9C619.y).
* * * * *

PART 774--[AMENDED]

    3. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 12, 2011, 76 FR 50661 (August 16, 2011).
    4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, ECCN 8A018 is revised to read as follows:

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

* * * * *
8A018 Items on the Wassenaar Arrangement Munitions List.

    No items currently are in this ECCN. See ECCN 8A620 for engines and
propulsion systems for submersible vessels, submarine and torpedo nets,
closed and semi-closed circuit (rebreathing) apparatus, and specially
designed components therefor that, immediately prior to [Insert
effective date of final rule that moves these items], were classified
under ECCN 8A018. See ECCNs 8A001, 8A002 and 8A992 for controls on non-
military submersible vehicles, oceanographic and associated equipment.
    5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, add a new ECCN 8A620 between ECCNs 8A018 and 8A992
to read as follows:
8A620 Submersible vessels, oceanographic and associated equipment.

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry except 8A620.b   NS Column 1.
 and .y.
RS applies to entire entry except 8A620.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    LVS: $1,500.
    GBS: N/A.
    CIV: N/A.
    STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 8A620. Paragraph (c)(1) of
License Exception STA (Sec.  740.20(c)(1)) may not be used for any
``end item'' in 8A620, unless determined by BIS to be eligible for
License Exception STA in accordance with Sec.  740.20(g) (License
Exception STA eligibility requests for ``600 series'' end items). See
Sec.  740.20(g) for the procedures to follow if you wish to request new
STA eligibility for ``end items'' under this ECCN 8A620 as part

of an export, reexport, or transfer (in-country) license application.
``End items'' under this entry that have already been determined to be
eligible for License Exception STA are listed in Supplement No. 4 to
part 774 and on the BIS Web site at www.bis.doc.gov. Paragraph (c)(1)
of License Exception STA (Sec.  740.20(c)(1)) may be used for items in
8A620.x without the need for a determination described in Sec.
740.20(g).

List of Items Controlled

    Unit: Equipment in number; parts, components, accessories and
attachments in $ value.
    Related Controls: (1) Submersible vessels, oceanographic and
associated equipment, and technical data (including software), and
services directly related thereto, described in 22 CFR part 121,
Category XX, Submersible Vessels, Oceanographic and Associated
Equipment, are subject to the jurisdiction of the International Traffic
in Arms Regulations (ITAR). Parts, components, accessories, and
attachments ``specially designed'' for defense articles in USML
Category XX are controlled under USML sub-category XX(c). (2) See ECCN
0A919 for foreign-made ``military commodities'' that incorporate more
than 10% U.S.-origin ``600 series'' items. (3) For controls on non-
military submersible vehicles, oceanographic and associated equipment,
see ECCNs 8A001, 8A002, and 8A992.
    Related Definitions: N/A.
    Items:
    a. Submersible and semi-submersible vessels ``specially designed''
for a military use and not enumerated in the USML.

    Note: 8A620.a includes Deep Submergence Rescue Vehicles (DSRV)
and Deep Submergence Vehicles (DSV).

    b. Submersible and semi-submersible vessels ``specially designed''
for cargo transport and ``parts,'' ``components,'' ``accessories and
attachments'' ``specially designed'' therefor.
    c. Harbor entrance detection devices (magnetic, pressure, and
acoustic) and controls therefor, not elsewhere specified on the USML or
the CCL.
    d. Engines and propulsion systems, as follows:
    d.1. Diesel engines of 1,500 hp and over with rotary speed of 700
rpm or over ``specially designed'' for submarines;
    d.2. Electric motors ``specially designed'' for submarines and
having all of the following:
    d.2.a. Power output of more than 1,000 hp;
    d.2.b. Quick reversing;
    d.2.c. Liquid cooled; and
    d.2.d. Totally enclosed.
    d.3. Non-magnetic diesel engines with a power output of 50 hp or
more and either of the following:
    d.3.a. Non-magnetic content exceeding 25% of total weight; or
    d.3.b. Non-magnetic parts other than crankcase, block, head,
pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.

    Note: Other propulsion systems not specified in ECCN 8A620.d or
elsewhere on the CCL (see Related Controls paragraph for this ECCN)
and ``specially designed'' for an article controlled by USML
Category XX are controlled by USML XX(b) or (c).

    e. Submarine nets and torpedo nets.
    f. Closed and semi-closed circuit (rebreathing) apparatus specially
designed for military use and not enumerated elsewhere in the CCL or in
the USML, and specially designed components for use in the conversion
of open-circuit apparatus to military use.
    g. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories and attachments'' that
are ``specially designed'' for a commodity enumerated in ECCN 8A620
(except for 8A620.b) and not specified elsewhere in the CCL.

    Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by material
composition, geometry, or function as commodities controlled by ECCN
8A620.x are controlled by ECCN 8A620.x.

    Note 2: ``Parts,'' ``components,'' ``accessories and
attachments'' specified in ECCN 8A620.y are subject to the controls
of that paragraph.

    y. Specific ``parts,'' ``components,'' ``accessories and
attachments'' ``specially designed'' for a commodity subject to control
in this ECCN and not elsewhere specified in the CCL, as follows:
    y.1. Ship service hydraulic and pneumatic systems;
    y.2. Internal communications systems;
    y.3. Filters and filter assemblies for hydraulic, oil and fuel
systems;
    y.4. Galleys and related equipment;
    y.5. Hydraulic and fuel hoses, straight and unbent lines, fittings,
clips, couplings, and brackets;
    y.6. Lavatories and sanitary systems;
    y.7. Magnetic compass, magnetic azimuth detector;
    y.8. Medical facilities and related equipment;
    y.9. Potable water storage systems;
    y.10. Filtered and unfiltered panel knobs, indicators, switches,
buttons, and dials;
    y.11. Emergency lighting;
    y.12. Analog gauges and indicators;
    y.13. Audio selector panels;
    y.14. Atmosphere control and monitoring equipment;
    y.15. Environmental control and monitoring equipment;
    y.16. Trash handling systems;
    y.17. Mooring, towing and dry docking equipment;
    y.18. Anchoring systems;
    y.19. Material corrosion and fouling control systems;
    y.20. Damage control equipment.
    y.21. to y.98 [RESERVED]
    y.99. Commodities not identified on the CCL that (i) have been
determined, in an applicable commodity jurisdiction determination
issued by the U.S. Department of State, to be subject to the EAR and
(ii) would otherwise be controlled elsewhere in ECCN 8A620
    6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, add a new ECCN 8B620 immediately following ECCN
8B001 to read as follows:

8B620 Test, inspection, and production ``equipment'' and related
commodities ``specially designed'' for the ``development'' or
``production'' of commodities enumerated in ECCN 8A620.

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry except 8B620.b   NS Column 1.
 and .y.
RS applies to entire entry except 8B620.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    LVS: $1,500.
    GBS: N/A.
    CIV: N/A.
    STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 8B620.

List of Items Controlled

    Unit: N/A.
    Related Controls: N/A.
    Related Definitions: N/A.
    Items:
    a. Test, inspection, and production ``equipment'' ``specially
designed'' for the ``production'' or ``development'' of commodities
enumerated in ECCN 8A620 (except for 8A620.b and .y) and ``parts,''
``components,'' ``accessories and attachments'' ``specially designed''
therefor.

    b. Test, inspection, and production ``equipment'' ``specially
designed'' for the ``production'' or ``development'' of commodities
enumerated in ECCN 8A620.b and ``parts,'' ``components,'' ``accessories
and attachments'' ``specially designed'' therefor.
    c. through x. [RESERVED]
    y. Specific test, inspection, and production ``equipment''
``specially designed'' for the ``production'' or ``development'' of
commodities enumerated in ECCN 8A620 (except for 8A620.y) and
``parts,'' ``components,'' ``accessories and attachments'' ``specially
designed'' therefor, as follows:
    y.1. through y.98 [RESERVED]
    y.99. Commodities not identified on the CCL that (i) have been
determined, in an applicable commodity jurisdiction determination
issued by the U.S. Department of State, to be subject to the EAR and
(ii) would otherwise be controlled elsewhere in ECCN 8B620.
    7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, add a new ECCN 8D620 between ECCN 8D002 and 8D992
to read as follows:

8D620 Software ``specially designed'' for the ``development,''
``production,'' operation or maintenance of submersible vessels,
oceanographic and associated equipment controlled by 8A620 or equipment
controlled by 8B620.

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry except 8D620.b   NS Column 1.
 and .y.
RS applies to entire entry except 8D620.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A.
    TSR: N/A.
    STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any software in 8D620.

List of Items Controlled

    Unit: $ value.
    Related Controls: (1) Software directly related to articles
enumerated in USML Category XX is controlled under USML Category XX(d).
(2) See ECCN 0A919 for foreign made ``military commodities'' that
incorporate more than 10% U.S.-origin ``600 series'' items.
    Related Definitions: N/A.
    Items:
    a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled by
ECCN 8A620 or ECCN 8B620 (except for ECCN 8A620.b and .y or 8B620.b and
.y).
    b. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled by
ECCN 8A620.b or ECCN 8B620.b.
    c. to x. [RESERVED]
    y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities enumerated in ECCN 8A620.y or 8B620.y, as follows:
    y.1. through y.98 [RESERVED] ]
    y.99. Software not identified on the CCL that (i) has been
determined, in an applicable commodity jurisdiction determination
issued by the U.S. Department of State, to be subject to the EAR and
(ii) would otherwise be controlled elsewhere in ECCN 8D620.
    8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 8--Marine, add a new ECCN 8E620 between ECCN 8E002 and 8E992
to read as follows:

8E620 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishment of submersible vessels, oceanographic and associated
equipment controlled by 8A620, equipment controlled by 8B620, or
software controlled by 8D620.

License Requirements

    Reason for Control: NS, RS, AT.

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry except 8E620.b   NS Column 1.
 and .y.
RS applies to entire entry except 8E620.y.  RS Column 1.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

License Exceptions

    CIV: N/A.
    TSR: N/A.
    STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any technology in 8E620.

List of Items Controlled

    Unit: N/A.
    Related Controls: (1) Technical data directly related to articles
enumerated in USML Category XX are controlled under USML Category
XX(d). (2) See ECCN 0A919 for foreign made ``military commodities''
that incorporate more than 10% U.S.-origin ``600 series'' items.
    Related Definitions: N/A.
    Items:
    a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishment of commodities controlled by ECCN 8A620 or 8B620 or
``software'' controlled by ECCN 8D620, except for ECCN 8A620.b and .y,
8B620.b and .y, or 8D620.b and .y.
    b. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishment of commodities controlled by ECCN 8A620.b or 8B620.b
or ``software'' controlled by ECCN 8D620.b.
    c. through x. [RESERVED]
    y. Specific ``technology'' ``specially designed'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul, or refurbishment of commodities controlled by ECCN
8A620.y or 8B620.y or ``software'' controlled by ECCN 8D620.y, as
follows:
    y.1. through y.98 [RESERVED]
    y.99. ``Technology'' not identified on the CCL that (i) has been
determined, in an applicable commodity jurisdiction determination
issued by the U.S. Department of State, to be subject to the EAR and
(ii) would otherwise be controlled elsewhere in ECCN 8E620.

    Dated: December 16, 2011.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2011-32868 Filed 12-22-11; 8:45 am]
BILLING CODE 3510-33-P