[Federal Register Volume 79, Number 108 (Thursday, June 5, 2014)]
[Rules and Regulations]
[Pages 32611-32632]
[FR Doc No: 2014-12151]

Vol. 79

Thursday,

No. 108

June 5, 2014

Part II

Department of Commerce

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Bureau of Industry and Security

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15 CFR Parts 736, 738, 740, 742, et al.

Corrections and Clarifications to the Export Administration
Regulations; Conforming Changes to the EAR Based on Amendments to the
International Traffic in Arms Regulations; Final Rule

Federal Register / Vol. 79 , No. 108 / Thursday, June 5, 2014 / Rules
and Regulations

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 738, 740, 742, 744, 746, 748, 750, 758, 762, 772
and 774

[Docket No. 140221165-4165-01]
RIN 0694-AG11

Corrections and Clarifications to the Export Administration
Regulations; Conforming Changes to the EAR Based on Amendments to the
International Traffic in Arms Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: This final rule makes corrections and clarifications to the
Export Administration Regulations (EAR) for six final rules published
in 2013 and early 2014. This final rule also makes other needed
technical corrections and clarifications to the EAR identified by BIS.
In addition, this final rule makes two conforming changes to the EAR as
a result of a final rule published by the Department of State on April
17, 2014.

DATES: Effective Date: This rule is effective June 5, 2014, except that
amendatory instructions 44, 45, 47, 50, 51, 52, 53.a, 54, 55, 56.a, 58,
63, 65, 70, 71, and 72.a to Supplement No. 1 to part 774 are effective
July 1, 2014.

FOR FURTHER INFORMATION CONTACT: Timothy Mooney, Regulatory Policy
Division, Bureau of Industry and Security, Department of Commerce,
Phone:<PHONE_NUMBER>, Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    This final rule makes corrections and clarifications to the Export
Administration Regulations (EAR) for six final rules published in 2013
and early 2014. These corrections and clarifications to the EAR are
necessary in light of earlier amendments to the EAR that are already in
effect, as well as for a final rule published on January 2, 2014, that
becomes effective July 1, 2014. The Bureau of Industry and Security
(BIS) is correcting all six rules in this single final rule to minimize
the number of correction rules for the public to review and because
they are similar types of corrections and clarifications. The six final
rules that are being corrected in this rule are: Export Administration
Regulations: Editorial Clean-Up of References to Foreign Trade
Regulations published on January 29, 2014 (79 FR 4613) (referred to
hereafter as the January 29 rule); Control of Military Training
Equipment, Energetic Materials, Personal Protective Equipment,
Shelters, Articles Related to Launch Vehicles, Missiles, Rockets,
Military Explosives, and Related Items published on January 2, 2014 (79
FR 264) (referred to hereafter as the January 2 rule); Revisions to the
Export Administration Regulations (EAR): Unverified List (UVL)
published on December 19, 2013 (78 FR 76741) (referred to hereafter as
the December 19 rule); Revisions to the Export Administration
Regulations (EAR) To Make the Commerce Control List (CCL) Clearer
published on October 4, 2013 (78 FR 61874) (referred to hereafter as
the October 4 rule); Revisions to the Export Administration
Regulations: Military Vehicles; Vessels of War; Submersible Vessels,
Oceanographic Equipment; Related Items; and Auxiliary and Miscellaneous
Items That the President Determines No Longer Warrant Control Under the
United States Munitions List published on July 8, 2013 (78 FR 40892)
(referred to hereafter as the July 8 rule); and Revisions to the Export
Administration Regulations: Initial Implementation of Export Control
Reform published on April 16, 2013 (78 FR 22660) (referred to hereafter
as the April 16 rule). This final rule also makes other needed
technical corrections and clarifications to the EAR that BIS has
identified.
    The background section of this final rule describes these
corrections and clarifications in the following order: (A) January 29
rule corrections and clarifications, (B) January 2 rule corrections and
clarifications, (C) December 19 rule corrections and clarifications,
(D) October 4 rule corrections and clarifications, (E) July 8 rule
corrections and clarifications, (F) April 16 rule corrections and
clarifications, and (G) other corrections and clarifications to the
EAR.

(A) January 29 Rule Corrections and ClarificationS

    BIS provides the following corrections to the January 29 rule,
which became effective upon publication. The corrections included in
this final rule for the January 29 rule become effective on the date of
publication of this final rule.
    In Supplement No. 2 to part 736--Administrative Orders,
Administrative Order Two, under paragraph (a)(3), the January 29 rule
used the term ``Administration Order,'' but the rule intended to use
the term ``Administrative Order.'' This final rule removes the term
``Administration Order'' and adds in its place the correct term
``Administrative Order.''
    In Sec.  740.15(c)(2)(iv), the January 29 rule revised this
paragraph to use the phrase ``filed to the Automated Export System
(AES),'' but the January 29 rule also added in the same sentence the
phrase ``record is filed'' in that same paragraph after ``(AES)''. This
final rule deletes the redundant phrase ``record is filed'' after
``(AES)'' because the phrase ``filed to'' is also used in the same
paragraph when referring to AES.
    In Sec.  758.1(b)(3), this rule reinserts text that was
inadvertently removed in the January 29 rule. The reinserted text
originally was added to paragraph (b)(3) in Revisions to the Export
Administration Regulations (EAR): Initial Implementation of Export
Control Reform; Correction published on October 3, 2013 (78 FR 61744).
This final rule reinserts the phrase ``or otherwise described'' after
the term ``enumerated'' in paragraph (b)(3).

(B) January 2 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the
January 2 rule, which becomes effective on July 1, 2014. These include
correcting typographical errors and inserting omitted quotation marks
and other text for consistency with other provisions of the Commerce
Control List (CCL) set forth in Supplement No. 1 to part 774 of the
EAR. All of the corrections and clarifications in this Section B are to
Export Control Classification Numbers (ECCNs).
Typographical Errors and Other Corrections for January 2 Rule
    ECCNs 0A604, 0A614, 0A988, 0B604, 0B614, 1C239, and 1C608. This
final rule corrects the capitalization in the headings of these seven
ECCNs, so only the first term of the heading is capitalized. This final
rule makes this change for consistency with the format used in other
ECCN headings on the CCL.
    ECCNs 0B604, 0B614, 0D001, 0D604, 0D614, 0E001, 0E604, 0E614,
1A613, 1B608, 1B613, 1C018, 1C608, 1D018, 1D608, 1D613, 1E001, 1E101,
1E201, 1E608, 9A604, 9B115, 9B116, 9B604, 9D001, 9D002, 9D003, 9D104,
9D604, 9E001, 9E101, 9E102, and 9E604. This final rule corrects a
typographical error in the headings of these ECCNs by adding a period
at the end of each of these headings. This final rule makes this change
for consistency with the format used in other ECCN headings on the CCL.
    ECCN 0E614. This final rule corrects a typographical error in ECCN
0E614 by

adding a comma between the terms ``repair'' and ``overhaul'' in
paragraph .a under the ``Items'' heading in the List of Items
Controlled section.
    ECCNs 0D001, 1A007, 1D018, and 1E001. This final rule adds
quotation marks to the term ``specially designed'' in these ECCNs for
consistency with the use of quotation marks for this defined term when
used on the CCL.
    ECCNs 0A604, 0A614, 1A005, 1A613, 1B608, 1C239, 9A604, 9D001,
9D002, 9D003, 9D104, 9E001, 9E002, 9E101, and 9E102. This final rule
adds quotation marks to the term ``subject to the ITAR'' where not
already present in these ECCNs for consistency with the use of
quotation marks for this defined term when used on the CCL.
Conforming Changes and Clarifications for January 2 Rule
    In addition, BIS makes changes to the CCL to conform to text
adopted in the October 4 rule. These changes are not substantive, but
rather address needed conforming changes for consistency of the CCL and
the changes included in the October 4 rule.
    ECCNs 0D604, 0E604, 1A613, 1D608, 1E608, 9D604, and 9E604. This
final rule corrects the heading of these ECCNs to add the phrase ``(see
List of Items Controlled).'' This correction is needed because each of
these ECCNs includes a description of ``items'' that are classified
under the ``Items'' paragraph in the List of Items Controlled section.
Therefore, these ECCN headings should include the phrase ``(see List of
Items Controlled)'' at the end of each of these headings.
    ECCN 1A613. This final rule revises the ``items'' paragraph in the
List of Items Controlled section to add in paragraph (e) a specific
description of a type of personal protective ``equipment'' ``specially
designed'' for military applications that are controlled under this
ECCN, namely atmospheric diving suits ``specially designed'' for rescue
operations for submarines controlled by the USML or the CCL. The
general control on protective personnel equipment that was in paragraph
(e) has been moved to paragraph (f). These changes do not result in new
controls because such diving suits were within the scope of the general
control on protective personnel equipment (that is not in paragraph
(f)). BIS is making this clarifying change in response to questions
from the public regarding where such diving suits were controlled.
    BIS further intends for this clarification to help resolve any
misunderstanding that may have resulted from an erroneous statement
published in the Federal Register on June 7, 2012 in the preamble to a
proposed rule. (Revisions to the Export Administration Regulations
(EAR): Control of Personal Protective Equipment, Shelters, and Related
Items the President Determines No Longer Warrant Control Under the
United States Munitions List (USML), 77 FR 33688, 33689). That proposed
rule included the phrase, ``BIS proposed to move anti-gravity suits,
pressure suits, and atmosphere diving suits, currently controlled in
the USML under Category X(a)(3), (a)(4), and (a)(5), respectively, to
ECCN 9A610 in the November 7 proposed rule'' (referring to Revisions to
the Export Administration Regulations (EAR): Control of Aircraft and
Related Items the President Determines No Longer Warrant Control Under
the United States Munitions List (USML) (76 FR 68675, Nov. 7, 2011)).
BIS's June 7 statement was correct with respect to USML Category
X(a)(3) and (a)(4), but erroneous with respect to USML Category
X(a)(5), because articles controlled under USML Category X(a)(5) were
not proposed to move to ECCN 9A610 in the November 7 rule.
    BIS has also received questions regarding how anti-gravity suits
(``G-suits'') and pressure suits capable of operating at altitudes
higher than 55,000 feet above sea level are classified on the CCL.
Because these suits are already classified under ECCN 9A610 under
``items'' paragraphs (g), which relates to suits used in aircraft, they
are not classified under ECCN 1A613 and no further changes to the CCL
are necessary. To make this clearer to the public, this final rule also
adds a new ``Related Controls'' paragraph (3) to ECCN 1A613 to alert
persons reviewing ECCN 1A613 to also see ECCN 9A610.g for anti-gravity
suits (``G-suits'') and pressure suits capable of operating at
altitudes higher than 55,000 feet above sea level.

(C) December 19 Rule Corrections and Clarifications

    BIS provides the following correction to the December 19 rule,
which became effective on January 21, 2014.
    In Sec.  762.2 (Records to be retained), the December 19 rule
revised paragraph (b)(13) to reference Sec.  744.15(b). In revising
this paragraph, BIS inadvertently overwrote text in (b)(13) that was
added in the April 16 rule that BIS did not intend to remove. This
final rule corrects this error by making three changes to Sec.  762.2.
Specifically, this final rule: (1) Reinserts the April 16 rule text
into paragraph (b)(13); (2) adds a new paragraph (b)(52) for the
recordkeeping text that was intended to be added to (b)(52) in the
December 19 rule, as well as making punctuation changes needed because
of the addition of (b)(52); and (3) adds new paragraph (b)(53)
described below in Section F (Other corrections and clarifications to
the EAR).

(D) October 4 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the
October 4 rule, which became effective in part on October 15, 2013, and
in part on January 6, 2014. These include correcting typographical
errors, inserting omitted quotation marks, and redesignating certain
paragraphs to make those paragraphs easier to identify. In addition,
this final rule makes corrections and clarifications to the CCL and
other parts of the EAR to conform to the practices established in the
October 4 rule, as well as for consistency with other final rules.
Typographical Errors and Other Corrections for October 4 Rule
    ECCNs 1A004, 1A101, 1C111, 2B350, 3E982, 5A002, 6A998, 7D101,
8E001, and 9A990. This final rule corrects typographical errors in
these ECCNs, such as adding an ``s'' at the end of the term ``chemical
warfare agent'' in ECCN 1A004 and removing the word ``which'' in
``Related Controls'' paragraph (2) of ECCN 1A101 because it is not
needed.
    ECCNs 1A001, 2A291, 3A001, 5A001, 5B001, and 6A004. This final rule
adds quotation marks to defined terms, such as ``specially designed,''
``components,'' ``accessories,'' and ``attachments'' in these ECCNs for
consistency with the use of quotation marks established in the October
4 rule.
    ECCNs 4A003 and 7E002. This final rule corrects the paragraph
designation used in the ``Related Controls'' paragraphs in ECCN 7E002
to make these paragraphs easier to identify. This final rule also
corrects the paragraph designation for ``Note 1'' to ECCN 4A003 to
refer to this note as ``Note to 4A003'' because pursuant to the October
4 rule, there is now only one note to the License Requirements section
of ECCN 4A003.
Conforming Changes and Clarifications for October 4 Rule
    The corrections described in this section are conforming changes to
the CCL for the text adopted in the October 4 rule. These changes are
not substantive, but improve consistency of the CCL and the EAR. They
also include clarifications to address questions BIS has received since
publishing the October 4 rule. In addition, the

corrections described below for ECCNs 2B352, 5A980, 6A002 and 9A120
reinsert text into those ECCNs to ensure consistency with past
rulemakings.
    In Sec.  738.4(b)(2) (Sample CCL entry), this final rule corrects
the sample entry to conform to the new CCL entry section headings and
table headings included in the October 4 rule, such as correcting the
``License Exceptions'' section heading in the sample CCL entry to
correctly read as ``List Based License Exceptions (See Part 740 for a
description of all license exceptions).''
    In Sec.  774.1(b)(3) (Multilateral export control regime references
. . .), this final rule revises paragraph (b)(3) to add text that was
intended to be included in that paragraph, but inadvertently was not
included in the October 4 rule. In addition, to conform to the
correction made to ECCN 0D001, this final rule also corrects in Sec.
774.1 the Note to paragraph (b) to provide a reference to the Heading
Note that is being added to ECCN 0D001 in this final rule.
    ECCNs 0D001, 0E001 and 2B999 and Technical Note to CCL Category 1,
Product Group C. This final rule corrects these three ECCNs and this
Technical Note by removing references to fourteen ECCNs in which items
subject to the exclusive jurisdiction of the Nuclear Regulatory
Commission (NRC) previously were classified. These ECCNs were removed
from the CCL in the October 4 rule. (With these corrections, the
January 2 rule's revisions to the headings of ECCNs 0D001 and 0E001,
which consisted of updating these two headings to specifically exclude
the ``600 series'' ECCNs added to the CCL in that rule, are no longer
needed.) In addition to removing these references, this final rule adds
regulatory text to ECCNs 0D001 and 2B999 to specify that the NRC has
jurisdiction for certain nuclear related items. As a conforming change
to the removal of the references to the fourteen ECCNs in ECCN 0D001,
this final rule adds text to ECCN 0E001 to specify that the Department
of Energy has export licensing authority for ``technology'' for the
items subject to export licensing authority of the NRC. Elsewhere, the
EAR also makes this type of jurisdictional reminder, such as in
Supplement No. 3 to part 730--Other U.S. Government Departments and
Agencies with Export Control Responsibilities. As described above, a
conforming change correction was also made in Sec.  774.1 for the Note
to paragraph (b) that references ECCNs 0D001 and 0E001.
    ECCN 1A984. This final rule amends the last phrase in the heading
of ECCN 1A984, ``other pyrotechnic articles having dual military and
commercial use'' to read ``other pyrotechnic articles (excluding
shotgun shells) having dual military and commercial use, and ``parts''
and ``components'' ``specially designed'' therefor, n.e.s.'' Through
this amendment, BIS seeks to clarify that it intended for ``parts'' and
``components'' ``specially designed'' for ``other pyrotechnic articles
(excluding shotgun shells) having dual military and commercial use''
that are not elsewhere specified on the CCL to be classified under ECCN
1A984. This heading should have been amended in the October 4 rule when
similar conforming changes and clarifications were made to the EAR.
These changes do not expand the scope of ECCN 1A984, but serve to
clarify the ECCN.
    The term ``articles'' is not defined in the EAR. However,
``articles,'' as used in the EAR, could be interpreted to include
``parts'' and ``components.'' The October 4 rule made a number of
changes to the CCL to conform to the new definitions of ``parts'' and
``components'' that were added to the EAR in the April 16 rule. Before
making the October 4 rule conforming changes, BIS determined where the
terms ``parts'' and ``components'' should be added to the CCL to
preserve the intended scope of each ECCN while conforming to the new
April 16 rule definitions. In doing so, BIS focused primarily on ECCNs
in which either ``part'' or ``component'' was already used. Because
ECCN 1A984 does not use one of those terms, the October 4 rule
inadvertently did not amend this ECCN at the same time as other similar
ECCNs. BIS indicated in the October 4 rule that, over time, BIS may
further refine the use of the terms ``parts'' and ``components'' on the
CCL (see 78 FR 61878). When BIS reviewed ECCN 1A984, it determined that
the longstanding intent of this ECCN has been to control ``parts'' and
``components'' for some of the commodities classified under it.
Therefore, ``parts'' and ``components'' should have been added to the
heading of ECCN 1A984 in the October 4 rule. As stated in the October 4
rule, BIS is not attempting to add additional references to ``parts''
and ``components'' in this final rule that would change the scope of
what ECCN 1A984 controls. The intent identified in this final rule is
consistent with past BIS interpretation of and licensing under ECCN
1A984.
    In addition, this final rule adds the phrase ``(excluding shotgun
shells)'' after the term ``articles'' to clarify the delineation
between ECCN 1A984 and existing ECCN 0A986.
    Among other things, this edit will make clear that ``items'' such
as ``specially designed'' rubber finned projectiles for 38/40 mm rounds
are included in ECCN 1A984, and that tiny rubber balls incorporated by
manufacturers into ``items,'' but used for multiple other purposes that
would meet one of the paragraph (b) ``releases'' in the definition of
``specially designed'' set forth in Sec.  772.1 of the EAR, are not
within the scope of ECCN 1A984.
    ECCNs 2B352 and 9A120. This final rule corrects ECCN 2B352 by
revising paragraph (h) to reinsert text that was inadvertently removed
in the October 4 rule when paragraph (h) was revised. This final rule
also corrects the introductory text of ``Items'' paragraph (i) in ECCN
2B352, which was the original intent of the October 4 rule. Paragraph
(i) was not revised correctly because the October 4 rule did not take
into account a June 5, 2013, final rule (78 FR 33698), which
redesignated paragraphs (g) and (h) as paragraphs (h) and (i),
respectively. This final rule also corrects for the same reason the
``Technical Notes'' paragraph 2 at the end of the ``Items'' paragraph
that references ECCN 2B352.h, which should be 2B352.i. ECCN 9A120 is
also being corrected with this final rule to remove the reference to
ECCN 2B352.h and add in its place 2B352.i.
    ECCN 5A980. This final rule corrects the heading in ECCN 5A980 to
remove the reference to ECCN 5A001.i, and adds in its place 5A001.f.1.
Based on a June 20, 2013, final rule (78 FR 37389), paragraph .i of
ECCN 5A001 is reserved, and the correct reference is therefore
5A001.f.1.
    ECCNs 1E001, 5B001, and 6A002. This final rule corrects the STA
paragraphs in the ``Special Conditions for STA'' sections of ECCNs
1E001, 5B001 and 6A002 to remove the reference to destinations in Sec.
740.20(c)(2) and replace that with the intended reference to
destinations in Country Group A:6 (See Supplement No. 1 to part 740 of
the EAR). In the October 4 rule, this same change was made to other
ECCNs that included STA paragraphs, but inadvertently was not
implemented for these three ECCNs. In addition, this final rule
corrects the STA paragraph in the ``Special Conditions for STA''
section of ECCN 6A002 to restore text that was inadvertently deleted in
the October 4 rule to accurately reflect which ECCN 6A002 commodities
are excluded from License Exception STA. The October 4 rule change to
ECCN 6A002's STA paragraph was intended to be limited to updating the
reference from (c)(2) to Country Group A:6, as well as moving the STA
paragraph under the new ``Special Conditions for STA'' section heading.
However, the

October 4 rule inadvertently removed some of the exclusion text under
ECCN 6A002. This final rule adds those additional ``Items'' paragraph
references back into the STA paragraph in 6A002, so it now correctly
states that License Exception STA may not be used to ship to any of the
destinations listed in Country Group A:6 (See Supplement No. 1 to part
740 of the EAR) any commodity classified under ECCN 6A002 paragraphs:
6A002.a.1.a, a.1.b or a.1.c; 6A002.a.3.c, a.3.d, a.3.e, or a.3.f; or
6A002.b.
    ECCNs 6B995 and 9B991. This final rule revises the headings of
ECCNs 6B995 and 9B991 to make the intent of the headings clearer and to
use a structure that is more consistent with the rest of the CCL. The
October 4 rule revised both of these headings, but questions received
from the public since publication suggested that the changes made for
clarity did not achieve the intended objective. The scope and substance
of the two ECCNs are not changed, as this correction is limited to
revising the two headings to clarify what is classified under those two
ECCNs.
    ECCN 8A992. The October 4 rule removed ECCN 8A918 and moved these
commodities to ECCN 8A992.l and .m, respectively, because they are not
inherently military items and warrant only an AT control. To conform to
the removal of ECCN 8A918, this final rule corrects ECCN 8A992 to
remove an inadvertently retained UN control paragraph in the License
Requirement section.
    ECCN 9A619. This final rule removes the term ``aircraft'' before
the term ``commodities'' in ECCN 9A619.y introductory text because ECCN
9A619 also controls commodities for gas turbine engines, such as those
for aircraft, ship, and land vehicles. Inadvertent use of the term
``aircraft'' was inconsistent with the rest of ECCN 9A619. This is not
a substantive change to the scope of the ECCN 9A619, but rather this is
a change made for consistency with the scope of ECCN 9A619 and the
original intent of the commodities to be classified under this ECCN.
    ECCNs 9B115, 9B116, and 9E101. The October 4 rule revised the
headings of ECCNs 9B115 and 9B116 to indicate that the ECCNs identified
in these headings include ECCNs 9A103 to 9A109, among others. However,
the ``Related Controls'' paragraphs in ECCNs 9B115 and 9B116, instead
of referencing ECCNs 9A103 to 9A109 incorrectly includes ECCNs 9A104 to
9A109. Similarly, the October 4 rule revised the heading of ECCN 9E101
reference ECCNs 9A103 to 9A111, among others, but the ``Related
Controls'' paragraph of ECCN 9E101 references 9A104 to 9A111. This
final rule removes 9A104 and adds 9A103 in its place in the ``Related
Controls'' paragraphs of ECCNs 9B115, 9B116 and 9E101.
    ECCNs 9B610 and 9B619. The October 4 rule revised the ``Related
Controls'' paragraphs of ECCNs 9B610 and 9B619 to add in the ``Related
Controls'' section ``equipment'' controlled under USML Category
VIII(h)(1) and USML Category XIX(f)(1), respectively. This text is
identical to the control text in USML Category VIII(h)(1) and USML
Category XIX(f)(1). The ITAR-controlled ``equipment'' referred to in
the ``Related Controls'' paragraphs does not include the items
described in ECCNs 9B610 or 9B619. This final rule amends these two
``Related Controls'' paragraphs to make this point more clear.
    Lastly, under ECCN 9B610, this final rule adds quotation marks
around the defined terms, ``parts,'' ``components,'' ``accessories,''
``attachments,'' and ``specially designed'' in the ``Related Controls''
paragraph in the List of Items Controlled section of 9B610 to make the
ECCN consistent with the quotation marks practice described in the
April 16 rule and with other references to these defined terms on the
CCL. In addition, this final rule adds a second sentence to the
``Related Controls'' paragraph to also reference USML Category
VIII(h)(2)-(26), in addition to USML Category VIII(h)(1).

(E) July 8 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the
July 8 rule, which became effective on January 6, 2014. These include
correcting typographical errors, inserting omitted quotation marks, and
adding text for consistency with other final rules and the structure of
the CCL.
Typographical Errors and Other Corrections for July 8 Rule
    ECCNs 0A606, 0A617, 0E018, and 8A609. This final rule corrects
typographical errors in these ECCNs, such as deleting an extra
semicolon in ``Items'' paragraph y.8 in the List of Items Controlled
section of ECCN 8A609 and adding a period that was mistakenly not
included in ECCN 0E018.
    ECCNs 0A606, 0A617, 8A018, and 8A620. This final rule adds
quotation marks to certain uses of defined terms, such as ``specially
designed,'' ``components,'' and ``parts'' in these ECCNs for
consistency with the use of quotation marks practice identified in the
July 8 rule.
    ECCN 0A617. This final rule adds the ``Related Definitions''
paragraph after the ``Related Controls'' paragraph in ECCN 0A617. The
``Related Definitions'' paragraph does not define any terms in this
ECCN because it is designated as ``N/A.'' However, for the sake of
consistency with the other ECCNs on the CCL that include a ``List of
Items Controlled'' section, the ``Related Definitions'' paragraph
should have also been included in ECCN 0A617.
    ECCNs 0A918 and 8C609. This final rule adds the phrase ``(see List
of Items Controlled)'' to the end of the headings for ECCNs 0A918 and
8C609. Both ECCNs include a description of the ``Items'' controlled in
the List of Items Controlled section. For the sake of consistency with
the structure used for other ECCNs on the CCL, the phrase ``(see List
of Items Controlled)'' should have been included in these ECCNs.

(F) April 16 Rule Corrections and Clarifications

    BIS provides the following corrections and clarifications to the
April 16 rule, which became effective on October 15, 2013. These
include correcting typographical errors, inserting omitted quotation
marks and redesignating certain paragraphs to make those paragraphs
easier to identify. In addition, this final rule makes corrections and
clarifications to the CCL and other parts of the EAR to conform to the
amendments made in the April 16 rule, as well as for consistency with
other final rules.
Typographical Errors and Other Corrections for April 16 Rule
    In Supplement No. 1 to Part 748, Block 24; Sec.  772.1, ``specially
designed'' definition, Note 1 to paragraph (a)(1); and Supplement No. 4
to Part 774--Commerce Control List Order of Review, paragraph (a)(5),
this final rule corrects typographical errors in these EAR references.
These changes include adding a space between two words in Supplement
No. 1 to Part 748, Block 24, removing an errant closed parenthesis at
the end of the same sentence and removing an extra ``a'' in Note 1 to
paragraph (a)(1) of ``specially designed'' because it is not needed.
    In Supplement No. 1 to part 736, under General Order No. 5, this
final rule corrects the paragraph designations used in the General
Order No. 5 paragraphs for consistency with the Federal Register
Drafting Handbook for paragraph designations and to make these
paragraphs easier to identify. The title General Order No. 5 will be

preceded by paragraph designation (e), in keeping with the other
General Orders, and all of the other paragraphs in General Order No. 5
are redesignated one paragraph level lower. For example, this final
rule redesignates paragraph (a) as paragraph (e)(1).
    In Sec. Sec.  744.17(d) and 744.21, this final rule makes
conforming changes consistent with the intent of the April 16 rule. The
April 16 rule revised Sec. Sec.  744.17(d) and 744.21 to use single
quotation marks around the term `military end use' and delete the
hyphen in the term ``end-use.'' However, Sec.  744.17(d) currently
retains the hyphen and, because the amendatory instruction for Sec.
744.21 did not include revising the section heading, the single
quotation marks and deletion of the hyphen were not incorporated into
the EAR for Sec.  744.21. This final rule corrects the paragraph
heading of Sec.  744.17(d) and the section heading of Sec.  744.21 to
add single quotation marks around `military end use' in the latter and
delete the hyphen in ``end use'' for both, as intended in the April 16
rule.
Conforming Changes and Clarifications for April 16 Rule and Revisions
to License Exception GOV
    The corrections described in this section are conforming changes
and clarifications to the CCL for the amendments included in the April
16 rule. These changes are not substantive, but rather address needed
conforming changes for consistency of the CCL and the rest of the EAR,
as well as clarifications to address questions BIS has received since
the publication of the April 16 rule.
    In Sec.  736.2(b)(3) (General Prohibition Three--Reexport and
export from abroad of the foreign-produced direct product of U.S.
technology and software (Foreign-Produced Direct Product Reexports)),
this final rule clarifies the country scope of prohibition for ECCN
0A919 by adding a sentence to the end of paragraph (b)(3)(i) that is
specific to 0A919 and adopts the same country scope of prohibition as
the additional country scope of prohibition for ``600 series'' items in
paragraph (b)(3)(iii). Although 0A919 commodities are not ``600
series'' items, they are military commodities and should have the same
country scope prohibitions as ``600 series'' items under the direct
product rule. Lastly, as a clarification for paragraph (b)(3)(i), this
final rule adds the phrase ``or export from abroad'' after the term
``reexport'' for consistency with paragraph (b)(3)(iii).
    In Sec.  740.2(a)(13)(vi) (Restrictions on all license exceptions),
this final rule revises and simplifies paragraph (a)(13)(vi), which is
the paragraph for the general restrictions on the use of license
exceptions for ``600 series'' items that refers to the eligibility of
License Exception STA for ``600 series'' items. The final rule revises
the introductory text under paragraph (a)(13)(vi) to specify that
License Exception STA under Sec.  740.20(c)(1) of the EAR is available
to overcome the general restrictions on the use of license exceptions
for ``600 series'' items, provided all of the applicable terms and
conditions, including those specific to the ``600 series'' are met.
This amendment does not change the requirements for or limitations on
the use of License Exception STA for ``600 series'' items.
Specifically, this final rule simplifies the reference to License
Exception STA by deleting paragraphs (a)(13)(vi)(A), (B), (C) and (D)
and revises the introductory text to conform to references to the other
license exceptions that are eligible for ``600 series'' items as
specified under paragraph (a)(13). BIS makes this change in this final
rule to avoid restating the same requirements in different sections of
the EAR. The change is also necessary to reduce the danger that someone
may mistakenly believe that the License Exception STA paragraphs in
(a)(13)(vi)(A), (B), (C) and (D) contain a complete list of the
applicable terms and conditions of License Exception STA. In addition,
this final rule revises the last sentence in the introductory text of
paragraph (a)(13) for clarity, but does not change the meaning of
paragraph (a)(13).
    In Sec.  740.10 (License Exception Servicing and replacement of
parts and equipment (RPL)), this final rule removes the term ``U.S.
origin'' modifying the terms ``parts, components, accessories, or
attachments,'' ``commodity or software'' and ``equipment.'' This final
rule also removes the term ``U.S. origin'' and replaces it with the
phrase ``subject to the EAR'' with, at times, the citation ``(see Sec.
734.2(a) of the EAR).'' This final rule also removes the term ``U.S.
origin'' in paragraphs (a)(2)(ii), (a)(4)(i), (b)(1), and (b)(3) of
License Exception RPL to better conform to the corresponding ITAR
exemption under Sec.  123.4(a)(1)(22 CFR 123), where the term ``U.S.
origin'' is not used. The April 16 rule stated on page 78 FR 22669 that
``a general principle underlying the incorporation of the `600 series'
into the EAR is that, because items subject to the EAR are less
militarily significant than those subject to the ITAR, EAR exceptions
should not be more restrictive than comparable ITAR exemptions.'' The
use of the term ``U.S. origin'' in License Exception RPL is another
example where an EAR license exception is more restrictive than the
corresponding ITAR exemption and therefore, the term ``U.S. origin''
should have been removed from License Exception RPL consistent with the
other changes made in the April 16 rule to other EAR license
exceptions. BIS became aware of this needed correction based on
questions received from the public after the April 16 rule became
effective on October 15, 2013. In addition, because the scope of the
EAR extends beyond U.S. origin items, such as to foreign origin items
that are ``subject to the EAR,'' License Exception RPL under paragraphs
(a) and (b) should also be available for those foreign origin items
that are ``subject to the EAR'' in addition to U.S. origin items that
are subject to the EAR. These corrections will preserve the intended
scope of License Exception RPL and also better correspond to the ITAR
exemption under Sec.  123.4(a)(1) and may result in a slight reduction
in the number of license applications received by BIS.
    In Sec.  740.11(c), this final rule revises License Exception GOV
to allow items subject to the EAR to be exported, reexported, or
transferred (in-country) to agencies of the North Atlantic Treaty
Organization (NATO) in accordance with the terms and conditions of that
license exception. Thus, NATO agencies will be treated like cooperating
governments in that provision of GOV. Under new paragraph (c)(2)(ii),
License Exception GOV will be available for the official use of a
cooperating government's military end user, for a cooperating
government's military end use, or for a NATO agency. Unlike paragraph
(c)(2)(i), new paragraph (c)(2)(ii) has no territorial restriction on
where the items may be used. These revisions will enable the United
States to improve interoperability with NATO and other close allies.
Lastly, as a conforming change to the capitalization of section
headings in the EAR, this final rule revises the section heading for
740.11 to make all terms used in the section heading lower case, except
for the first term used in the section and proper nouns used in the
section heading.
    In Sec. Sec.  740.12(a), 740.13(d)(1), and 740.15(c)(1) and (c)(2),
this final rule redesignates the footnotes in part 740 as a conforming
change to the April 16 rule revisions to Sec.  740.9 that included the
removal of footnote 1 to paragraph (b)(1)(iv) in that section. The
April 16 rule did not redesignate the other footnotes used in part 740,
so there is no longer a footnote 1 to part 740. To redesignate the
footnotes in part 740, so

the footnotes begin with footnote 1, the final rule redesignates
footnote 2 to Sec.  740.12(a) as footnote 1; footnote 3 to Sec.
740.13(d)(1) as footnote 2; and footnotes 4 and 5 to Sec.  740.15(c)(1)
and (c)(2) as footnotes 3 and 4, respectively.
    In Sec.  740.20 (License Exception Strategic Trade Authorization
(STA)), this final rule makes six clarifications to License Exception
STA. The first and second are the clarification being made to paragraph
(b)(3)(ii)(B) and a corresponding change to paragraph (d)(2)(vii)(B),
the third and fourth are the clarification being made to paragraph
(b)(3)(ii)(C) and a corresponding change to paragraph (d)(2)(vi)(C),
the fifth is a conforming change in Note to paragraph (c)(1) for text
used in other parts of License Exception STA, and the sixth is a
clarification in the form of one additional sentence that this final
rule adds to further remind exporters, reexporters, and transferors of
the requirement to obtain a prior consignee statement consistent with
the requirement of paragraph (d)(2) (Prior Consignee Statement) and the
addition of a new paragraph to the prior consignee statement. These
corrections and conforming changes are described below.
    In Sec.  740.20, under paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B)
(which was formerly designated as paragraph (d)(2)(vi)(B)), this final
rule revises paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B) to clarify
what is intended by the phrase ``that will ultimately be used by'' when
a ``600 series'' item is exported, reexported or transferred (in-
country) to a country in Country Group A:5 that will be subsequently
sent to the United States for use by a person in the United States. The
text could be read to mean that ``600 series'' items that are sent to
the United States must ultimately be used by a U.S. person, which was
not the intended interpretation. As described in greater detail below,
in order to clarify the intended meaning, this final rule revises
paragraphs (b)(3)(ii)(B) and (d)(2)(vii)(B) by creating two identical
paragraphs under each. Those paragraphs' introductory requirements,
specifying that the items must be for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishing of an item in one of the countries listed in Country
Group A:5 or the United States, are retained from the April 16 rule.
    This final rule moves the remaining requirements of paragraph
(b)(3)(ii)(B) to new paragraphs (b)(3)(ii)(B)(1) and (b)(3)(ii)(B)(2),
and the remaining requirements of paragraph (d)(2)(vii)(B) to new
paragraphs (d)(2)(vii)(B)(1) and (d)(2)(vii)(B)(2), respectively. The
new paragraphs, (b)(3)(ii)(B)(1) and (d)(2)(vii)(B)(1), specify that
the items must be ultimately used by government agencies in one of the
countries listed in Country Group A:5 or the United States Government.
    This final rule also adds new paragraphs (b)(3)(ii)(B)(2) and
(d)(2)(vii)(B)(2) to specify that items sent to a person in the United
States and not for subsequent export under Sec.  740.9(b)(1) (License
Exception TMP for items moving in transit through the United States)
are also within the scope of paragraph (b)(3)(ii)(B) and
(d)(2)(vii)(B). The new paragraphs (b)(3)(ii)(B)(2) and
(d)(2)(vii)(B)(2) clarify the requirements for when items will be sent
to a person in the United States that may or may not be ultimately used
by a U.S. person. However, any subsequent export of a ``600 series''
item from the United States, including after incorporation into another
item in the United States, must comply with U.S. export control laws.
This final rule also clarifies in paragraphs (b)(3)(ii)(B)(2) and
(d)(2)(vii)(B)(2) that ``600 series'' items sent to a person in the
United States must not be for subsequent export under Sec.  740.9(b)(1)
(License Exception TMP for items moving in transit through the United
States). This is not a substantive change and is limited to clarifying
the original intent of License Exception STA for ``600 series'' items
sent to a person in the United States.
    In Sec.  740.20 under paragraphs (b)(3)(ii)(C) and (d)(2)(vii)(C),
this final rule revises paragraphs (b)(3)(ii)(C) and (d)(2)(vii)(C),
which prior to this final rule was designated as paragraph
(d)(2)(vi)(C), to remove the phrase ``the consignee has,'' adds the
term ``exists'' after the words ``such authorization,'' and to remove
the term ``provides'' and in its place add the phrase ``has provided.''
This change is made to paragraph (b)(3)(ii)(C) to conform to the intent
of this requirement, which was to confirm that the United States
Government has otherwise authorized the ultimate end use and the
consignee confirms the authorization exists. This change is also
intended to clarify that the license or other approval identifier must
be sent before the export, reexport or transfer occurs.
    This requirement was not intended to be limited to whether the
consignee that receives a ``600 series'' item under License Exception
STA has such authorization itself, but rather whether such an
authorization exists for the ultimate end-use of the item. In certain
fact patterns, the consignee may have such authorization, as reflected
in the April 16 rule. However, for STA consignees that are
manufacturers earlier in a supply chain, such as an aircraft
``component'' manufacturer, it is likely that the person that will have
the authorization described in (b)(3)(ii)(C) is further along the
chain, such as the aircraft manufacturer or other person selling the
aircraft. If the consignee earlier in the process can confirm with the
company later in the supply chain, such as the aircraft manufacturer or
other person selling the aircraft, that the United States Government
has otherwise authorized the ultimate end use, that confirmation will
be sufficient to meet the criteria of paragraph (b)(3)(ii)(C) as
clarified by this final rule. In the prior consignee statement
paragraph in (d)(2)(vii)(C), this final rule makes the same
clarification as a conforming change to the revised paragraph
(b)(3)(ii)(C).
    In Sec.  740.20 under Note to paragraph (c)(1), this final rule
corrects the Note to paragraph (c)(1) to make a conforming change by
adding the phrase ``or other approval'' after the term ``license.'' The
requirement specified in Note 1 to paragraph (c)(1) can be met under a
previously approved license or other approval (i.e., DDTC Manufacturing
License Agreement (MLA), Technical Assistance Agreement (TAA),
Warehouse Distribution Agreement (WDA), or General Correspondence
approval (GC)) issued by BIS or DDTC, U.S. Department of State. The
phrase ``or other approval'' is used in other parts of License
Exception STA, including in paragraph (c), and this text was also
intended to be included in the Note to paragraph (c).
    In Sec.  740.20(d)(2) (Prior Consignee Statement), this final rule
adds one sentence to the introductory text of paragraph (d)(2) as an
additional reminder that each party using License Exception STA to
export, reexport or transfer (in-country), including reexporters and
transferors of items previously received under License Exception STA,
must obtain a prior consignee statement from its consignee and retain
the statement required by paragraph (d)(2). Paragraph (d)(2) already
includes this requirement, but based on questions BIS received
regarding whether a reexporter or transferor of items previously
received under License Exception STA must obtain and retain the
statement required by paragraph (d)(2), BIS determined that adding
another sentence to the introductory text of this paragraph would be
helpful. For example, a company exports an item eligible for License
Exception STA to a consignee located in Germany. The U.S. exporter

obtained the prior consignee statement from the consignee in Germany
prior to making the export authorized under License Exception STA, as
well as meeting the other applicable terms and conditions of License
Exception STA. The company in Germany decides to reexport the item
received under License Exception STA to a consignee in France. The
German company in this scenario must obtain the prior consignee
statement from the consignee in France prior to using License Exception
STA, just as the U.S. exporter obtained the prior consignee statement
before exporting to Germany.
    In addition, this final rule redesignates paragraphs (d)(2)(iv),
(v), (vi) and (vii), as paragraphs (d)(2)(v), (vi), (vii) and (viii)
respectively. This final rule redesignates these paragraphs, so a new
paragraph (d)(2)(iv) can be added for the prior consignee statement.
This final rule adds a new paragraph (d)(2)(iv) to specify that the
prior consignee statement must also include a statement that the
consignee agrees to obtain a prior consignee statement when using
License Exception STA for any reexport or transfer (in-country) of
items previously received under License Exception STA. The obligation
to get a retransfer certification as part of the prior consignee
statement under License Exception STA is no more of a burden than the
need to get a retransfer authorization under 22 CFR 123.9 (Country of
ultimate destination and approval of reexports or retransfers) of the
ITAR. As a conforming change this final rule revises the last two
sentences of the introductory text of paragraph (d)(2) to clarify that
paragraphs (d)(2)(i) through (vi) of this section are required for all
transactions under License Exception STA. (This includes the new
paragraph (d)(2)(iv) that is added with this final rule, as well as the
former paragraphs (d)(2)(iv) and (d)(2)(v) that this rule redesignates
as paragraph (d)(2)(v) and (vi)). The conforming changes also update
the reference to the ``600 series'' by specifying that paragraph
(d)(2)(vii) is required for all transactions in ``600 series'' items
and paragraph (viii) of this section is required for transactions in
``600 series'' items if the consignee is not the government of a
country listed in Country Group A:5 (See Supplement No. 1 to part 740
of the EAR).
    Lastly, this final rule adds to the end of paragraph (d)(2) a new
requirement that the prior consignee statement must include the name
and title of the person signing the document, and the date the document
is signed. This is a change to the prior consignee statement, although
based on BIS reviews of prior consignee statements, in many cases
consignees have already been including such information as part of
their prior consignee statements. Including such information is a good
compliance practice and will help to better identify who provided the
consignee statement and when the statement was provided, so this final
rule adds these as additional elements to be included in the prior
consignee statement along with the clarification to the prior consignee
statement described above.
    BIS recognizes that this rule's clarification to the prior
consignee statement could have resulted in requiring exporters,
reexporters and transferors to obtain new consignee statements. To
avoid making those with existing consignee statements have to obtain
replacement consignee statements simply to accommodate this rule's
clarifications, the clarifications to the prior consignee statement
will only apply to statements issued or amended after this rule becomes
effective.
    License Exceptions TMP and GOV cross-references are updated in this
final rule to conform to changes implemented in the April 16 rule.
Specifically, this rule updates the references to TMP in: Sec.
740.2(a)(5)(i) and (ii) from Sec.  740.9(a)(2)(ii) to Sec.  740.9(a)(4)
(for kits consisting of replacement parts); Sec. Sec.  746.2(a)(1)(i),
746.4(c), and 746.9(b)(i) from Sec.  740.9(a)(2)(viii) to Sec.
740.9(a)(9) (for the news media); and Sec.  758.1(c)(6) from Sec.
740.9(a)(2)(i) to Sec.  740.9(a)(1) (for tools of trade).
    In addition, prior to those revisions, the criteria for export or
reexport to U.S. government personnel and agencies under License
Exception GOV was in Sec.  740.11(b)(2)(i) and (ii) of the EAR and the
criteria for export or reexport to agencies of a cooperating government
were in Sec.  740.11(b)(2)(iii) and (iv) of the EAR. As revised, the
criteria relating to agencies and personnel of the U.S. government are
now in Sec.  740.11(b)(2) and those relating to agencies of a
cooperating government are in Sec.  740.11(c)(2). The April 16 rule
also made additional types of transactions relating to agencies and
personnel of the U.S. government eligible for License Exception GOV in
order to make License Exception GOV consistent with U.S. government
related license exemptions available under the ITAR. However, the rule
making those additions did not make conforming changes to Sec. Sec.
746.4(c) and 746.9(b) of the EAR, which limit use of license exceptions
for exports and reexports to North Korea and Syria, respectively. BIS
did not intend to limit U.S. government related transactions to those
destinations more narrowly than U.S. government related transactions to
other destinations. Accordingly, this rule revises Sec. Sec.  746.4(c)
and 746.9(b) of the EAR to allow use of License Exception GOV for all
of the types of transactions described in Sec.  740.11(b)(2) of the
EAR.
    In Sec.  750.7(c)(1)(ix) (Direct exports, reexports, or transfers
(in-country) to and among approved end users and ultimate consignee on
a license), this final rule makes a correction to this paragraph by
adding the phrase ``and ultimate consignee'' after the phrase ``to and
among approved end users'' to specify that direct exports, reexports,
or transfers (in-country) to and among approved end users and the
ultimate consignee on a license are a non-material change to the
license, provided the other terms and conditions of paragraph
(c)(1)(ix) are met. This was the intent of the April 16 rule, but after
receiving a question that asked whether the ``to and among'' concept
described in paragraph (c)(1)(ix) was intended to include the ultimate
consignee listed on the license, BIS recognized that the regulatory
text did not refer to the ultimate consignee and decided to correct
this omission in this final rule.
    In Sec.  762.2(b)(9) (Records to be retained), this final rule
corrects that paragraph by removing the outdated reference to ``Sec.
740.13(f)'' (Technology and software--unrestricted TSU) and adding in
its place the current paragraph reference ``Sec.  740.13(h).''
Paragraph (f) was redesignated as paragraph (h) in the April 16 rule,
but this conforming change was not made to Sec.  762.2, so this final
rule reflects the new paragraph designation in Sec.  740.13.
    ECCNs 9A610 and 9A619. This final rule makes a clarification for
the ``600 series'' .y paragraphs in 9A610 and 9A619. BIS has received
questions from the public regarding the classification of ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' for commodities specified in the respective ``600 series''
.y paragraphs. For example, galleys are classified under 9A610.y.9 and
the public has asked whether ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed'' for
galleys, such as a sink ``specially designed'' for use in a galley, are
also classified under 9A610.y. These questioners believed BIS's intent
was likely that such ``parts,'' ``components,'' ``accessories,'' and
``attachments'' were also intended to be classified under those
respective .y paragraphs and not under ``600 series'' .x paragraphs. To
clarify the classification of such commodities, BIS adds the phrase
``and ``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed''

therefor'' to the end of the .y paragraphs in 9A610 and 9A619, making
it clear that such commodities are also classified under the .y
paragraphs in these respective ``600 series'' ECCNs.'' BIS has recently
made this same clarification to the .y paragraphs in ECCNs 0A606,
0A617, 0B617, 8A609, 8A620, 8B609 and 8B620 in a correction rule for
the July 8 rule. Subsequent ECR implementation final rules will also
generally include such text regarding the scope of the respective .y
paragraphs.
    This final rule also makes a change to ECCN 9A610 to clarify where
``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' for commodities in ECCN 9A610.h are classified.
The commodities classified in 9A610.h were moved from ECCN 9A018 in the
April 16 rule. The former ECCN 9A018.e did not include a control on
``specially designed'' ``parts,'' ``components,'' ``accessories,'' and
``attachments,'' meaning such ``specially designed'' ``parts,
``components,'' ``accessories, and ``attachments'' prior to the April
16 rule, and dating back to the early 1990s, were designated as EAR99.
For consistency with the Wassenaar Arrangement Munitions List (WAML)
10.g, the April 16 rule added ``parts, ``components,'' ``accessories,''
and ``attachments'' for items under ECCN 9A610.h, which was done with
the `catch-all' paragraph in ECCN 9A610.x based on ``specially
designed.'' A person with ``components'' ``specially designed'' for
commodities classified in ECCN 9A610.h raised the question whether it
was BIS's intention to move the classification of such ``components''
from EAR99 to an ECCN with a worldwide license requirement, except for
Canada, by classifying such ``components'' under 9A610.x.
    BIS determined that, for consistency with WAML 10.g, such
``parts,'' ``components,'' ``accessories,'' and ``attachments'' should
be classified under a ``600 series'' ECCN, but because they are
militarily less significant, such ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed'' for
commodities in ECCN 9A610.h should have been classified in the April 16
rule as ``specially designed'' ``parts,'' ``components,
``accessories,'' and ``attachments'' under a paragraph in ECCN 9A610.y.
This final rule makes this correction to ECCN 9A610 by adding a new
``Items'' paragraph y.30 in the List of Items Controlled section. This
paragraph will clarify that ``parts,'' ``components,'' ``accessories,''
and ``attachments'' ``specially designed'' for commodities other than
electronic items or navigation equipment in ECCN 9A610.h are classified
under 9A610.y.30, which is consistent with BIS's original intention for
where such militarily less significant items should be controlled under
the ``600 series.''
    Finally, this final rule revises 9A610.h to add the term
``parachute'' between the phrase ``complete canopies'' to clarify the
control is for complete parachute canopies and not complete cockpit
canopies.
    ECCN 9B619. This final rule corrects 9B619 by adding the phrase
``(see List of Items Controlled)'' to the end of the heading. ECCN
9B619 includes an ``Items'' paragraph in the List of Items Controlled,
so the heading should include the phrase ``(see List of Items
Controlled).'' This change is made for consistency with the CCL and
past final rules that adopted this consistent structure for ECCN
headings on the CCL.

(G) Other Corrections and Clarifications to the EAR

    In addition to the corrections and clarifications described above,
this final rule makes the following additional corrections and
clarifications to the EAR, which resulted from amendments included in
other final rules or other changes, such as removing a telephone number
that is no longer needed in the EAR.
Other Typographical Errors and Corrections
    ECCN 1C350. This final rule corrects 1C350.c.12 by removing the
hyphen from Ethyldiethanolamine. The hyphen was unintentionally
included when this paragraph was initially published in the Federal
Register on December 29, 2004 (69 FR 77890).
    In CCL Category 2, Product Group E, Materials Processing Table on
Deposition Techniques, this final rule corrects the resultant coating
for Molybdenum and Molybdenum alloy substrates in the Materials
Processing Table on Deposition Techniques in the introductory portion
of Category 2, Product Group E. The table listed the resultant coating
as ``Dielectric Players'' and it is corrected to read ``Dielectric
layers.''
Other Conforming Changes and Clarifications to Past Amendments to EAR
    In Sec.  740.9, this final rule makes a correction to the heading
of paragraph (a)(6) (Inspection and calibration) by adding the terms
``test'' and ``repair'' to the heading of this paragraph. Paragraph
(a)(6) includes the terms ``test'' and ``repair'' in the text of the
paragraph, but the heading may give the mistaken impression that the
scope of this paragraph is limited to inspection and calibration, so
the heading is revised to read ``Inspection, test, calibration and
repair,'' which more accurately reflects the scope of this paragraph.
    Also in Sec.  740.9 (Temporary Imports, Exports, Reexports, and
Transfers (in-country) (TMP)), this final rule makes a correction to
paragraph (c)(8) by removing the phrase ``paragraphs (a) through (e)''
and adding in its place ``paragraphs (a) through (d)'' for the
reference to Supplement No. 6 to part 742. Supplement No. 6 to part 742
does not include a paragraph (e).
    In Sec.  740.10 (License Exception Servicing and replacement of
parts and equipment (RPL)), this final rule makes a clarification to
License Exception RPL to replace the tern ``returned'' with the term
``sent'' in paragraph (b)(1) (Scope). This change is made to clarify
that the scope of paragraph (b) does not require that the item in
question be originally exported from the United States and subsequently
returned to the United States for servicing. This change is made
because the intent of paragraph (b)(1) is to also allow for items
produced outside the United States to be sent to the United States for
servicing under paragraph (b). In addition, this final rule makes a
conforming change to paragraph (b)(1) by adding in the phrase ``or to a
foreign party for servicing,'' so the scope paragraph (b)(1) accurately
reflects the scope of the authorization in paragraph (b)(2).
    In Sec.  742.6(b) (Licensing policy), this rule revises the first
sentence of Sec.  742.6(b)(1) to explicitly state the foreign policy
considerations employed in review of license applications for ``600
series'' items include the United States' foreign policy interest of
promoting the observance of human rights throughout the world. This is
a longstanding foreign policy interest of the United States that is
noted in both statute and regulation (see, e.g. 22 U.S.C. 2304(a) and
15 CFR 742.7(a)). This revision merely provides explicit notice that
the review of license applications for ``600 series'' items to
determine whether the transaction is contrary to the foreign policy
interests of the Unites States includes consideration of human rights.
This is not a substantive change from the policy set forth in Sec.
742.6(b)(1).
    In Sec.  746.3 (Iraq), this final rule also removes the outdated
reference to the ``Interim Government of Iraq'' and adds in its place
the correct reference the ``Government of Iraq.'' The final rule also
in that same section removes the outdated reference to the phrase ``or
the Multinational Force in Iraq.''

    In Sec.  746.3(c) (License Exceptions), in addition to the changes
described above for this section to remove the two outdated references,
this final rule removes an errant open quotation mark, adds a sentence
to the end of paragraph (c) to clarify the relationship between the
license requirements in paragraph (a)(4) of this section and the use of
license exceptions. This new sentence clarifies that license exceptions
may not be applied to paragraph (a)(4) license requirements. This
clarification is not a change in policy, but rather clarifies the
existing relationship between paragraphs (a)(4) and (c).
    In Sec.  748.2(a)(3), this final rule removes the first telephone
number listed<PHONE_NUMBER> for BIS's Western Regional Office in
paragraph (a)(3) because it will no longer be used as a general
outreach number. The second telephone number listed in that paragraph
for the Western Regional Office is intended to be used by the public as
a general outreach number and will remain in paragraph (a)(3).
    In Sec.  748.4(h) (Emergency processing), this final rule revises
the cross reference regarding validity periods on emergency licenses
from Sec.  750.7(h) to Sec.  750.7(g). Section 750.7(g) is the section
of the EAR that addresses validity periods, including for emergency
licenses. This revision simply corrects an error and improves the
utility of the EAR to exporters.
    In Supplement No. 7 to Part 748 (Authorization Validated End-User
(VEU): List of Validated End-Users, Respective Items Eligible for
Export, Reexport and Transfer, and Eligible Destinations), this rule
corrects an oversight by adding an omitted Federal Register citation to
one of the VEU entries. Specifically, in this rule, BIS amends the VEU
List by revising the ``Federal Register Citation'' Column for VEU Lam
Research Service Co., Ltd. (Lam) in ``China, (Peoples Republic of)'' to
include the citation for the most recent amendment to Lam's VEU
authorization. That citation is 78 FR 54752, 9/6/13.
    In Sec.  750.7(c) (Changes to the license), this final rule adds a
non-material change under new paragraph (c)(2) (Notification of name
change by advisory opinion request) to specify that in certain cases a
name change can be made for a party listed on a BIS license (i.e., name
of exporter, reexporter, purchaser, intermediate consignee, ultimate
consignee, or end user), provided no changes in ownership, merger or
acquisition activity, or other change in legal status has occurred
since the time the license was approved for the person listed on the
license. In order to rely on this new paragraph, BIS must have approved
the name change in response to a request for an advisory opinion
submitted by the licensee that BIS treat the name change as an eligible
name change under this paragraph. Prior to publication of this final
rule, because name changes were not identified in paragraph (c), any
name change for a party listed on a BIS license was a material change
to the license. However, in certain cases, exporters, reexporters or
transferors submitted advisory opinion requests to BIS that requested
BIS confirmation that certain name changes did not warrant a new
license, because the party listed on the license was the same in all
respects, except for the change in the name, which was typically being
changed for marketing or branding reasons. BIS has approved such name
changes in the past through advisory opinion responses when the person
listed on the license was the same, except for the name change. Making
BIS's past practice more explicit in the EAR will also make the EAR
more consistent with the ITAR since DDTC uses a similar process for
reviewing and approving similar types of name changes under 22 CFR
126.3 (Exceptions) and 22 CFR 122.4 (Notification of changes in
information furnished by registrants). BIS adds this new paragraph
(c)(2) to ensure all interested parties are aware that such an advisory
opinion may be submitted to BIS.
    This final rule adds a new paragraph (c)(2)(i) to specify the
information that must be included in advisory opinion requests for name
changes. This final rule adds a new paragraph (c)(2)(ii) to specify how
BIS will respond to such an advisory opinion request. This rule adds a
new paragraph (c)(2)(iii), to specify the additional actions required
by a licensee, when relying on paragraph (c)(2), including a cross
reference to see Sec.  758.4(d) (Exports against licenses with approved
name changes) for export clearance requirements for such licenses.
These requirements under paragraphs (c)(2)(i)-(iii) put into the EAR
the established practices and review criteria BIS already uses when
reviewing such advisory opinion requests and making such
determinations. Lastly, paragraph (c)(2)(iv) reminds the licensee that
if the name change request is not approved by BIS or the licensee
believes that the name change that is a material change to the license,
then the parties to the transaction should apply for a new license.
Sec.  758.1 (The Electronic Export Information (EEI) filing to the
Automated Export System (AES)), Sec.  758.4 (Use of export license) and
Sec.  762.2 (Records to be retained) are updated as necessary to add
references to Sec.  750.7(c)(2), describing circumstances where the
licensee can change the name of persons listed on a license. Under
Sec.  758.1 this final rule revises paragraph (f)(2) that deals with
conformity of statements on AES records with the contents of BIS
licenses, to add a reference to name changes approved by BIS in writing
in accordance with Sec.  750.7(c)(2) of the EAR, as a possible
exception for when the information entered into the AES record may not
conform to what is listed on the license. This final rule also replaces
in paragraph (f)(2) the phrase ``exporter blocks'' with the AES phrase
``USPPI and USPPI identification blocks'' to conform with how those
blocks are referred to in AES. Under Sec.  758.4 this final rule adds a
new paragraph (d) (Exports against license with approved name changes)
to specify that when exporting against a license with an approved name
change under Sec.  750.7(c)(2), prior to using that export license you
are required to include in the respective name field in AES (e.g., in
the USPPI name field in AES), the new name followed by the original
name in this format ``[new name] f.k.a. [original name].'' This
additional reporting requirement (by putting additional text into an
existing box on an already approved form) would be completed by the
authorized filer of the electronic export information (EEI) in AES. The
use of the acronym f.k.a. will alert those reviewing the AES data that
this person was formerly known as the original name. Under Sec.  762.2
(Records to be retained), this final rule adds a new paragraph (b)(53)
to specify that notification of name change by advisory opinion
requests made under Sec.  750.7(c)(2) are records that must be
retained.
    In Sec.  772.1 (Definitions of terms as used in the Export
Administration Regulations), under the definition of ``technology,''
this final rule adds a sentence to the end of the definition. This
final rule also adds a note 2 to the definition of ``technology'' and
redesignates the current note as note 1. The new sentence clarifies
that ``technology'' also includes specific information necessary for
operation, installation, maintenance, repair, overhaul, refurbishing,
as well as for other terms specified in ECCNs that control
``technology.'' The new note 2 also does not change the definition of
``technology.'' The note provides additional guidance on the
application of the definition based on current BIS

practice and past interpretive guidance BIS has provided, along with
the new sentence this final rule adds to the definition. This new note
2 clarifies that ``technology'' not elsewhere specified on the CCL is
designated as EAR99, unless the ``technology'' is subject to the
exclusive jurisdiction of another U.S. Government agency or is
otherwise not subject to the EAR as set forth in Sec.  734.4(b)(2) and
(b)(3) and Sec. Sec.  734.7 through 734.11 of the EAR.
    In Sec.  772.1, under the definition of ``use,'' this final rule
adds a note to the definition of ``use.'' The note does not change the
definition of ``use.'' The note is limited to providing guidance on the
application of the definition based on current BIS practice and past
interpretive guidance BIS has provided. The new note clarifies that if
an ECCN specifies one or more of the six elements of ``use'' in the
heading or control text, only those elements specified are captured
under that ECCN.
    In CCL Category 1 and CCL Category 5--Part 2, this final rule
reinserts the Product Group D heading in CCL Category 1 and reinserts
the Product Groups A, B and E headings in CCL Category 5--Part 2. A
final rule did not intentionally remove these Product Group headings
from CCL Categories 1 and 5--Part 2. It appears that either a final
rule inadvertently removed those Product Group headings or that in
making an incorporation into the Code of Federal Regulations (CFR) for
the EAR, those Product Group headings may have inadvertently been
removed. This final rule corrects Categories 1 and 5--Part 2 by
reinserting those Product Group headings. BIS became aware of this
issue when confirming that the incorporations for the Product Group
headings were fully implemented for the April 16 rule.
EAR Conforming Changes Required by Amendment to ITAR
    This final rule makes two conforming changes to the EAR in Sec.
746.1(b)(2) and Supplement No. 1 to part 740 as a result of a final
rule published by the Department of State on April 17, 2014 (79 FR
21616), titled Amendment to the International Traffic in Arms
Regulations: Central African Republic. The State Department's rule
revised ITAR Sec.  126.1 to include the Central African Republic in new
paragraph (u), establishing that it is the policy of the United States
to deny licenses or other approval for exports or imports of defense
articles and defense services destined for or originating in the
Central African Republic and specifying under what circumstances a
license or other approval may be issued on a case-by-case basis. The
April 17 rule noted that ITAR Sec.  126.1(u) was being added to
implement the United Nations arms embargo, adopted in United Nations
Security Council (UNSC) Resolution 2127 (December 5, 2013) and UNSC
Resolution 2134 (January 28, 2014).
    This final rule revises Sec.  746.1(b)(2) (Sanctions on selected
categories of items to specific destinations), which identifies
destinations subject to United Nations Security Council arms embargoes,
by adding the Central African Republic. This final rule also revises
Country Group D:5 (in Supplement No. 1 to part 740), which identifies
countries subject to U.S. arms embargoes to add the country of Central
African Republic. As is noted in footnote 1 to Country Group D:5,
Country Group D:5 is intended to track with the ITAR's Sec.  126.1 and
as additions or removals are made to this section of the ITAR,
conforming changes are made to Country Group D:5. Because the Central
African Republic is also subject to a United Nations Security Council
arms embargo, conforming changes are needed in both Country Group D:5
and Sec.  746.1.

Export Administration Act

    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 amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 8, 2013, 78, 2013, 78 FR 49107 (August 12, 2013), has continued
the Export Administration Regulations in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Export Administration Act, as appropriate and to the
extent permitted by law, pursuant to Executive Order 13222 as amended
by Executive Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, 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 final rule, which is a consolidation of corrections
and clarifications of final rules published in 2013 and 2014, has been
determined to be not significant for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to nor be subject to a penalty for failure to
comply with a collection of information, subject to the requirements of
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission; license exceptions
(0694-0137); recordkeeping (0694-0096); export clearance (0694-0122);
and the Automated Export System (0607-0152). Total burden hours
associated with the PRA and OMB control number 0694-0088 are expected
to slightly decrease as a result of this rule when taking into account
the full scope of corrections and clarifications included in this final
rule. The two changes in this final rule that may result in a slight
increase are (1) the clarification to ECCN 1A984, and (2) the changes
made to the EAR to add the Central African Republic to Sec.
746.1(b)(2) and in Supplement No. 1 to part 740 under Country Group D:5
to conform to the addition of this country to Sec.  126.1 of the ITAR.
Specifically, the clarification that the last phrase of ECCN 1A984 also
includes ``parts'' and ``components'' ``specially designed'' therefor
and not elsewhere specified may result in a slight increase in the
number of applications received by BIS, although BIS believes the
public likely was already treating such ``specially designed''
``parts'' and ``components'' as pyrotechnic articles under ECCN 1A984,
so the overall impact of this clarification is expected to be minimal.
The addition of the Central African Republic to Sec.  746.1(b)(2) and
to Country Group D:5 in Supplement No. 1 to part 740 is not expected to
result in much of an increase in the number of license applications
received because the license requirements in Sec.  746.1(b) are in
almost all cases redundant with the other EAR license requirements that
apply to the countries identified in paragraph (b)(2), such as Crime
Control. The addition of the Central African Republic to Country Group
D:5 for the ``600 series'' will impose significant restrictions, but
the overall impact on licenses received is anticipated to be

minimal. You may send comments regarding the collection of information
associated with this rule, including suggestions for reducing the
burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Department of Commerce finds that there is good cause under
5 U.S.C. 553(b)(3)(B) to waive the provisions of the Administrative
Procedure Act otherwise requiring prior notice and the opportunity for
public comment because they are unnecessary. The majority of the
revisions made by this rule are administrative in nature and do not
affect the privileges and obligations of the public. These revisions in
this rule are important to get in place as soon as possible to avoid
confusion by the public regarding the intent and meaning of recent
changes to the EAR without harming anyone's substantive rights. The
Department also finds that there is good cause under 5 U.S.C.
553(b)(3)(A) to waive the provisions of the Administrative Procedure
Act requiring notice and comment because these changes are limited to
providing guidance on existing interpretations of current EAR
provisions. These changes, which are described above, include the
revisions to Sec. Sec.  736.2, 740.2(a)(13), 742.6(b)(1), 746.3(c),
750.7, 750.7(c)(1)(ix), 758.1(f)(2), 758.4(d), 772.1 for the
definitions of ``specially designed,'' ``technology'' and ``use'' and
ECCN 1A984. These revisions in this rule are important to get in place
as soon as possible so the public will be aware of these existing
interpretations of current EAR provisions. Because these revisions are
not substantive changes to the EAR, the 30-day delay in effectiveness
otherwise required by 5 U.S.C. 553(d) is not applicable. No other law
requires that a notice of proposed rulemaking and opportunity for
public comment be given for this rule. The analytical requirements of
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not
applicable.
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for these amendments 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.
    6. With respect to amendments to Sec.  740.11, the Department also
finds that the provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring prior notice, the opportunity for public comment and a
delay in effective date are inapplicable because this amendment
involves a military or foreign affairs function of the United States
(see 5 U.S.C. 553(a)(1)). BIS, with the concurrence of the U.S.
Departments of Defense and State, is amending Sec.  740.11 to allow
items subject to the EAR to be exported, reexported or transferred (in-
country) to, and in support of, specific cooperating governments or
agencies of NATO for their official use. Under the existing
regulations, cooperating governments could already receive exports of
these items. The changes being made to Sec.  740.11 add NATO and its
agencies to the list of recipients and, in furtherance of the
objectives of NATO, the United States, and its allies, the rule
clarifies that reexports and transfers (in-country) are authorized by
this license exception when for their official use wherever the items
are needed.
    Immediate allowance of a license exception is necessary to effect
this amendment's national security and foreign policy goals of allowing
NATO and cooperating governments to receive items subject to the EAR
for military purposes, to users and for uses that support the national
security of the United States and its allies. In the alternative, BIS
finds good cause under 5 U.S.C. 553(b)(3)(B) to forgo prior notice and
the opportunity for public comment. In addition to the reasons
described above, if BIS delayed this rule to allow for prior notice and
opportunity for public comment, the resulting delay in applying for and
receiving licenses could pose a national security threat, thereby
undermining the purpose of the rule.
    In addition, BIS finds good cause to waive the 30-day delay in
effectiveness under 5 U.S.C. 553(d)(3). Immediate implementation will
allow NATO and cooperating governments to receive and use these items
to assist the national security of the United States and its allies. If
BIS delayed this rule to allow for a 30-day delay in effectiveness, the
resulting delay in implementation would create a delay and possible
negative impacts on the United States' support of NATO and its allies
similar to delays this rule is seeking to avoid by allowing a license
exception for these transactions.
    Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for these changes 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.
    7. The Department finds that there is good cause under 5 U.S.C.
553(b)(3)(B) to waive the provisions of the Administrative Procedure
Act requiring prior notice and the opportunity for public comment
because they are either unnecessary or contrary to the public interest.
This rationale applies to the changes in Sec. Sec.  740.10, 740.20 and
in Supplement No. 1 to part 774 under ECCNs 9A610.y and 9A619.y. The
rationale also applies to the reinsertion of text removed in ECCNs
2B352, 5A980, 6A002 and 9A120 to correct oversights in the October 4
rule that mistakenly did not take into account edits to the underlying
ECCN text or redesignation of paragraphs in those four ECCNs in earlier
final rules. These revisions are non-substantive, only clarifying the
regulations and thus prior notice and the opportunity for public
comment is unnecessary. Because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for these
amendments 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.

List of Subjects

15 CFR Parts 736, 738 and 772

    Exports.

15 CFR Parts 740, 748, 750 and 758

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 762

    Administrative practice and procedure, Business and industry,
Confidential business information, Exports, Reporting and recordkeeping
requirements.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 736, 738, 740, 742, 744, 746, 748, 750, 758,
762, 772 and 774 of the Export Administration Regulations (15 CFR parts
730-774) are amended as follows:

PART 736--[AMENDED]

0
1. The authority citation for 15 CFR part 736 is revised to read as
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 2151 note; E.O.

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p. 168; Notice of
August 8, 2013, 78 FR 49107 (August 12, 2013); Notice of November 7,
2013, 78 FR 67289 (November 12, 2013): Notice of May 7, 2014, 79 FR
26589 (May 9, 2014).

0
2. Section 736.2 is amended by revising paragraph (b)(3)(i) to read as
follows:

Sec.  736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (3) * * *
    (i) Country scope of prohibition. You may not, without a license or
license exception, reexport any item subject to the scope of this
General Prohibition Three to a destination in Country Group D:1 or E:1
(See Supplement No.1 to part 740 of the EAR). Additionally, you may
not, without a license or license exception, reexport or export from
abroad an ECCN 0A919 commodities subject to the scope of this General
Prohibition Three to a destination in Country Group D:1, D:3, D:4, D:5
or E:1.
* * * * *

0
3. Supplement No. 1 to part 736, under paragraph (e) (General Order No.
5), is amended by redesignating paragraph (a) as paragraph (e)(1);
paragraph (b) as paragraph (e)(2); paragraph (b)(1) as paragraph
(e)(2)(i); paragraph (b)(2) as paragraph (e)(2)(ii); paragraph (c) as
paragraph (e)(3); and paragraph (d) as paragraph (e)(4), respectively.

0
4. Supplement No. 2 to Part 736 is amended by removing the phrase
``Administration Order'' in Administrative Order Two under paragraph
(a)(3) introductory text and adding in its place the phrase
``Administrative Order''.

PART 738--[AMENDED]

0
5. The authority citation for 15 CFR part 738 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 8, 2013, 78 FR 49107 (August 12, 2013).

0
6. Section 738.4 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  738.4  Determining whether a license is required.

* * * * *
    (b) * * *
    (2) Sample CCL entry.
    2A000: Entry heading.

License Requirements

                     Reason for Control: NS, NP, AT
------------------------------------------------------------------------
                                            Country chart (see supp. No.
                Control(s)                         1 to part 738).
------------------------------------------------------------------------
NS applies to entire entry................  NS Column 2.
NP applies to 2A000.b.....................  NP Column 1.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

    List Based License Exceptions (See Part 740 for a description of
all license exceptions)
    LVS: $5,000.
    GBS: Yes.
    CIV: N/A.

List of Items Controlled

    Related Controls: N/A.
    Related Definitions: N/A.
    Items: a. Having x.
    b. Having z.
* * * * *

PART 740--[AMENDED]

0
7. The authority citation for 15 CFR part 740 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. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp.,
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
8. Section 740.2 is amended:
0
a. In paragraph (a)(5)(i) by removing phrase ``Sec.  740.9(a)(2)(ii)''
and adding in its place ``Sec.  740.9(a)(4)'';
0
b. In paragraph (a)(5)(ii) by removing phrase ``Sec.  740.9(a)(2)(ii)''
and adding in its place ``Sec.  740.9(a)(4)''; and
0
c. By revising the last sentence in the introductory text of paragraph
(a)(13) and paragraph (a)(13)(vi) to read as follows:

Sec.  740.2  Restrictions on all license exceptions.

    (a) * * *
* * * * *
    (13) * * * Only the following license exceptions may be used to
export ``600 series'' items to destinations other than those identified
in Country Group D:5 (see Supplement No.1 to part 740 of the EAR):
* * * * *
    (vi) License Exception STA under Sec.  740.20(c)(1) of the EAR,
provided all of the applicable terms and conditions, including those
specific to the ``600 series'' are met.
* * * * *

Sec.  740.9  [Amended]

0
9. Section 740.9 is amended:
0
a. By revising the heading of paragraph (a)(6) to read ``Inspection,
test, calibration, and repair.''; and
0
b. In paragraph (c)(8) by removing the phrase ``paragraphs (a) through
(e)'' and adding in its place ``paragraphs (a) through (d)''.

0
10. Section 740.10 is amended:
0
a. By revising the first sentence of paragraph (a)(2)(ii);
0
b. By revising the second sentence of paragraph (a)(4)(i);
0
c. By revising paragraph (b)(1);
0
d. By revising paragraph (b)(3) introductory text; and
0
e. By revising the introductory text of paragraph (b)(3)(ii) to read as
follows:

Sec.  740.10  License Exception Servicing and replacement of parts and
equipment (RPL).

* * * * *
    (a) * * *
    (2) * * *
    (ii) Parts, components, accessories, and attachments may be
exported only to replace, on a one-for-one basis, parts, components,
accessories, or attachments, respectively, contained in commodities
that were: Lawfully exported from the United States; lawfully
reexported; or made in a foreign country incorporating authorized
parts, components, accessories, or attachments ``subject to the EAR''
(see Sec.  734.2(a) of the EAR). * * *
    (iii) * * *
* * * * *
    (4) * * *
    (i) * * * A party reexporting one-for-one replacement parts,
components, accessories, or attachments ``subject to the EAR'' shall
ensure that the commodities being repaired were shipped to their
present location in accordance with U.S. law and continue to be
lawfully used, and that either before or promptly after reexport of the
replacement parts, components, accessories, or attachments, the
replaced commodities and software are either destroyed or returned to
the United States, or to the foreign firm in Country Group B (see
Supplement No. 1 to this part) that shipped the replacement parts.
* * * * *
    (b) * * * (1) Scope. The provisions of this paragraph (b) authorize
the export and reexport to any destination, except for ``600 series''
items to destinations identified in Country Group D:5 (see

Supplement No. 1 to this part) or otherwise prohibited under the EAR,
of commodities and software that were sent to the United States or to a
foreign party for servicing and replacement of defective or
unacceptable commodities and software ``subject to the EAR'' (see Sec.
734.2(a) of the EAR).
* * * * *
    (3) Replacements for defective or unacceptable equipment ``subject
to the EAR.''
* * * * *
    (ii) In addition to the general conditions in paragraph (b)(3)(i)
of this section, the following conditions apply to exports or reexports
of replacements for defective or unacceptable commodities or software
``subject to the EAR'' (see Sec.  734.2(a) of the EAR) to a destination
in Country Group B or Country Group D:1 (see Supplement No. 1 to this
part):
* * * * *

0
11. Section 740.11 is amended:
0
a. By revising the section heading;
0
b. By revising paragraph (c) heading;
0
c. By revising paragraph (c)(1);
0
d. By redesignating paragraph (c)(2)(ii) as paragraph (c)(2)(iii);
0
e. By adding new paragraph (c)(2)(ii); and
0
f. By revising paragraphs (c)(3)(i), (c)(3)(v), and (c)(3)(vi), to read
as follows:

Sec.  740.11  Governments, international organizations, international
inspections under the Chemical Weapons Convention, and the
International Space Station (GOV).

* * * * *
    (c) Cooperating Governments and the North Atlantic Treaty
Organization. (1) Scope. The provisions of this paragraph (c) authorize
exports, reexports, and transfers (in-country) of the items listed in
paragraph (c)(2) of this section to agencies of cooperating governments
or agencies of the North Atlantic Treaty Organization (NATO). `Agency
of a cooperating government' includes all civilian and military
departments, branches, missions, and other governmental agencies of a
cooperating national government. Cooperating governments are the
national governments of countries listed in Country Group A:1 (see
Supplement No. 1 to this part) and the national governments of
Argentina, Austria, Finland, Hong Kong, Ireland, Korea (Republic of),
New Zealand, Singapore, Sweden, Switzerland and Taiwan.
    (2) * * *
    (ii) Items for official use by agencies of cooperating governments
for military purposes or NATO. With the exception of items excluded by
paragraph (c)(3) of this section, this license exception is available
for all items consigned to and for the official use of:
    (A) A military end user of or for the military end use of
cooperating governments, or
    (B) An agency of NATO.
* * * * *
    (3) * * *
    (i) Items on the Sensitive List (see Supplement No. 6 to part 774
of the EAR), except to or for the use by governments of countries
listed in Country Group A:5 (see Supplement No. 1 to this part) or an
agency of NATO;
* * * * *
    (v) ``600 series'' items, except to or for the use by governments
of countries listed in Country Group A:5 (see Supplement No. 1 to this
part) or an agency of NATO;
    (vi) Items controlled for nuclear nonproliferation (NP) reasons; or
* * * * *

Sec.  740.12  [Amended]

0
12. Section 740.12 is amended by redesignating footnote 2 to paragraph
(a) as footnote 1 to paragraph (a).

Sec.  740.13  [Amended]

0
13. Section 740.13 is amended by redesignating footnote 3 to paragraph
(d)(1) as footnote 2.

Sec.  740.15  [Amended]

0
14. Section 740.15 is amended:
0
a. By redesignating footnote 4 and 5 to paragraphs (c)(1) and (c)(2) as
footnotes 3 and 4, respectively; and
0
b. In paragraph (c)(2)(iv) by removing the phrase ``record is filed''.

0
15. Section 740.20 is amended:
0
a. By revising paragraph (b)(3)(ii)(B);
0
b. By revising paragraph (b)(3)(ii)(C);
0
c. By revising the Note to paragraph (c)(1);
0
d. In the introductory text of paragraph (d)(2) by adding a sentence to
beginning of this paragraph after the paragraph heading and by revising
the last two sentences in the introductory text of paragraph (d)(2);
0
e. By redesignating paragraphs (d)(2)(iv), (v), (vi) and (vii), as
paragraphs (d)(2)(v), (vi), (vii) and (viii), respectively;
0
f. By adding a new paragraph (d)(2)(iv);
0
g. By revising newly redesignated paragraph (d)(2)(vii)(B);
0
h. By revising newly redesignated paragraph (d)(2)(vii)(C); and
0
i. By adding undesignated bracketed text at the end of paragraph (d)(2)
to read as follows:

Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (b) * * *
    (3) * * *
    (ii) * * *
    (B) For the ``development,'' ``production,'' operation,
installation, maintenance, repair, overhaul, or refurbishing of an item
in one of the countries listed in Country Group A:5 or the United
States that will be for one, or more, of the following purposes:
    (1) Ultimately to be used by any such government agencies in one of
the countries listed in Country Group A:5 or the United States
Government; or
    (2) Sent to a person in the United States and not for subsequent
export under Sec.  740.9(b)(1) (License Exception TMP for items moving
in transit through the United States); or
    (C) The United States Government has otherwise authorized the
ultimate end use, the license or other authorization is in effect, and
the consignee verifies in writing that such authorization exists and
has provided the license or other approval identifier to the exporter,
reexporter or transferor (as applicable).
* * * * *
    (c) * * *
* * * * *

    Note to paragraph (c)(1). License Exception STA under Sec.
740.20(c)(1) may be used to authorize the export, reexport, or
transfer (in-country) of ``600 series'' items only if the purchaser,
intermediate consignee, ultimate consignee, and end user have
previously been approved on a license or other approval, i.e.,
Directorate of Defense Trade Controls (DDTC) Manufacturing License
Agreement (MLA), Technical Assistance Agreement (TAA), Warehouse
Distribution Agreement (WDA), or General Correspondence approval
(GC) issued by BIS or DDTC at the U.S. Department of State.

* * * * *
    (d) * * *
    (2) Prior Consignee Statement. The requirements in this paragraph
(d)(2) apply to each party using License Exception STA to export,
reexport or transfer (in-country), including reexporters and
transferors of items previously received under License Exception STA. *
* * Paragraphs (d)(2)(i) through (vi) of this section are required for
all transactions. In addition, paragraph (d)(2)(vii) is required for
all transactions in ``600 series'' items and paragraph (viii) of this
section is required for transactions in ``600 series'' items if the
consignee is not the government of a country listed in Country Group
A:5 (See Supplement No. 1 to part 740 of the EAR).
* * * * *

    (iv) Agrees to obtain a prior consignee statement when using
License Exception STA for any reexport or transfer (in-country) of
items previously received under License Exception STA;
* * * * *
    (vii) * * *
    (B) For the ``development,'' ``production,'' operation,
installation, maintenance, repair, overhaul, or refurbishing of an item
in one of the countries listed in Country Group A:5 or the United
States that will be for one, or more, of the following purposes:
    (1) Ultimately to be used by any such government agencies in one of
the countries listed in Country Group A:5 or the United States
Government; or
    (2) Sent to a person in the United States and not for subsequent
export under Sec.  740.9(b)(1) (License Exception TMP for items moving
in transit through the United States); or
    (C) The United States Government has otherwise authorized the
ultimate end use, the license or other authorization is in effect, and
the consignee verifies in writing that such authorization exists and
has provided the license or other approval identifier to the exporter,
reexporter or transferor (as applicable).
* * * * *
    [INSERT NAME AND TITLE OF PERSON SIGNING THIS DOCUMENT, AND DATE
DOCUMENT IS SIGNED].
* * * * *

0
16. Supplement No. 1 to part 740, Country Group D is amended by adding
a row in alphabetical order for: Central African Republic, and by
adding an ``X'' under the D:5 column for the Central African Republic
row.

PART 742--[AMENDED]

0
17. 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 8, 2013, 78 FR 49107 (August 12, 2013); Notice of
November 7, 2013, 78 FR 67289 (November 12, 2013).

0
18. Section 742.6 is amended by revising the first sentence of
paragraph (b)(1) to read as follows:

Sec.  742.6  Regional stability.

* * * * *
    (b) * * * (1) Applications for exports and reexports of ``600
series'' items will be reviewed on a case-by-case basis to determine
whether the transaction is contrary to the national security or foreign
policy interests of the United States, including the foreign policy
interest of promoting the observance of human rights throughout the
world.* * *
* * * * *

PART 744--[AMENDED]

0
19. The authority citation for 15 CFR part 744 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; 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. 12947, 60 FR 5079, 3 CFR,
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August 8, 2013, 78 FR 49107
(August 12, 2013); Notice of September 18, 2013, 78 FR 58151
(September 20, 2013); Notice of November 7, 2013, 78 FR 67289
(November 12, 2013); Notice of January 21, 2014, 79 FR 3721 (January
22, 2014).

Sec.  744.17  [Amended]

0
20. Section 744.17 is amended in paragraph (e) by removing the phrase
`military end-uses' and adding in its place `military end uses' with
single quotes.

0
21. Section 744.21 is amended by revising the section heading to read
as follows:

Sec.  744.21  Restrictions on certain `military end uses' in the
People's Republic of China (PRC).

* * * * *

PART 746--[AMENDED]

0
22. The authority citation for 15 CFR part 746 is revised to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
22 U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23 of May 7, 2003, 68 FR 26459, May 16, 2003;
Presidential Determination 2007-7 of December 7, 2006, 72 FR 1899
(January 16, 2007); Notice of August 8, 2013, 78 FR 49107 (August
12, 2013); Notice of May 7, 2014, 79 FR 26589 (May 9, 2014).

0
23. Section 746.1 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  746.1  Introduction.

* * * * *
    (b) * * *
    (2) The countries subject to United Nations Security Council arms
embargoes are: Central African Republic, Cote d'Ivoire (Ivory Coast),
Democratic Republic of the Congo, Eritrea, Iran, Iraq, Lebanon,
Liberia, Libya, North Korea, Somalia, and Sudan.
* * * * *

0
24. Section 746.2 is amended by revising paragraph (a)(1)(i) to read as
follows:

Sec.  746.2  Cuba.

    (a) * * *
    (1) * * *
    (i) Temporary exports and reexports (TMP) by the news media (see
Sec.  740.9(a)(9) of the EAR).
* * * * *

0
25. Section 746.3 is amended:
0
a. By removing the phrase ``Interim Government of Iraq or the
Multinational Force in Iraq'' and adding in its place the phrase
``Government of Iraq'' in the first sentence of the introductory text
of the section;
0
b. By removing the phrase ``Interim Government of Iraq or the
Multinational Force in Iraq'' and adding in its place the phrase
``Government of Iraq'' in the second sentence of paragraph (a)(4); and
0
c. By revising paragraph (c) to read as follows:

Sec.  746.3  Iraq.

* * * * *
    (c) License exceptions. You may export or reexport without a
license if your transaction meets all the requirements of any of the
following License Exceptions: CIV, APP, TMP, RPL, GOV, GFT, TSU, BAG,
AVS, or ENC. For specific requirements of each of these License
Exceptions, refer to part 740 of the EAR. Notwithstanding the above,
this paragraph may not be applied to exports or reexports that require
a license under paragraph (a)(4) of this section.
* * * * *

0
26. Section 746.4(c)(1) is amended:
0
a. In paragraph (c)(1) by removing the phrase ``Sec.
740.9(a)(2)(viii)'' and adding in its place ``Sec.  740.9(a)(9)''.
0
b. In paragraph (c)(2) by removing the phrase ``(b)(2)(i) and
(b)(2)(ii)'' and adding in its place ``(b)(2)''.

Sec.  746.9  [Amended]

0
27. Section 746.9 is amended:
0
a. In paragraph (b)(1) by removing the phrase ``Sec.
740.9(a)(2)(viii)'' and adding in its place ``Sec.  740.9(a)(9)''.

0
b. In paragraph (b)(2) by removing the phrase ``Sec.  740.11(b)(2)(i)
and (ii)'' and adding in its place ``Sec.  740.11(b)(2)''.

PART 748--[AMENDED]

0
28. The authority citation for 15 CFR part 748 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 8, 2013, 78 FR
49107 (August 12, 2013).

Sec.  748.2  [Amended]

0
29. Section 748.2(a)(3) is amended by removing the phrase ``(408) 998-
8805 or''.

Sec.  748.4  [Amended]

0
30. Section 748.4(h) is amended by removing the phrase ``Sec.
750.7(h)'' and adding in its place ``Sec.  750.7(g)'' in the final
sentence.

Supplement No. 1 to Part 748 [Amended]

0
31. Supplement No. 1 to part 748 is amended by adding a single space
between ``(x)'' and the word ``of'' in the fifth sentence at the end of
Block 24.

Supplement No. 7 to Part 748 [Amended]

0
32. Supplement No. 7 to part 748 (Authorization Validated End-User
(VEU): List of Validated End-Users, Respective Items Eligible for
Export, Reexport and Transfer, and Eligible Destinations) is amended by
adding the citation ``78 FR 54752, 9/6/13.'' at the end of the entry in
the ``Federal Register Citation'' Column for VEU ``Lam Research Service
Co., Ltd.'' in ``China, (Peoples Republic of)''.

PART 750--[AMENDED]

0
33. The authority citation for part 750 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
Sec 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 13026, 61 FR 58767, 3
CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013);
Presidential Determination 2003-23 of May 7, 2003, 68 FR 26459, May
16, 2003; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
34. Section 750.7 is amended:
0
a. By revising paragraph (c)(1)(ix); and
0
b. By adding paragraph (c)(2) to read as follows:

Sec.  750.7  Issuance of licenses.

* * * * *
    (c) * * *
    (1) * * *
    (ix) Direct exports, reexports, or transfers (in-country) to and
among approved end users and the ultimate consignee on a license,
provided those end users and ultimate consignee are listed by name and
location on such license and the license does not contain any
conditions specific to the ultimate consignee that cannot be complied
with by the end user, such as a reporting requirement that must be made
by the ultimate consignee. Reexports and transfers (in-country) among
approved end users may be further limited by license conditions.
    (2) In some circumstances, BIS may authorize changing the name of a
person listed on a license (i.e., name of exporter, reexporter,
purchaser, intermediate consignee, ultimate consignee or end user),
provided the pertinent person has not undergone a change in ownership,
including merger or acquisition, or any other change in legal status
since the time the license was issued. In order to rely on this
paragraph (c)(2), BIS must have approved the name change in response to
an advisory opinion request submitted by the licensee pursuant to Sec.
748.3(c) of the EAR and the instructions below.
    (i) The advisory opinion request must be submitted on the
licensee's company letterhead and include the following information:
    (A) The title of the advisory opinion, in this format: ``License
name change notification and review request;''
    (B) All license numbers subject to the notification and review
request (either in the letter or as a separate attachment);
    (C) The name(s) changing on the license(s) (include the original
and new names), and when the name(s) are changing (either in the letter
or as a separate attachment);
    (D) Any background information available on the reasons for the
name change(s) (e.g., press releases from the person changing its
name(s)); and
    (E) A statement regarding whether there has been a change in
ownership, including a merger or acquisition, or any other change in
legal status regarding the person(s) changing its name(s).
    (F) Confirmation that, if the request is approved, the licensee
will share the advisory opinion response from BIS with all other
persons listed on the license, and inform those persons that the
advisory opinion response must be retained pursuant to the
recordkeeping requirements in part 762 of the EAR.
    (ii) If BIS determines the name change is not a material change to
the license and approves the request to change the name(s) on the
license, BIS will send a written response to the licensee who submitted
the notification. If BIS does not approve the request to change the
name(s) on the license, BIS will send a written response to the
licensee who submitted the notification.
    (iii) For guidance on using an export license with approved name
changes, see Sec.  758.4(d) (Exports against license with approved name
change).
    (iv) If a license name change notification and review request is
denied by BIS or the licensee determines that there has been a material
change to the license, such as a change in ownership of a person on the
license, including merger or acquisition, or any other change in legal
status since the time the license was issued, a new license application
should be submitted.
* * * * *

PART 758--[AMENDED]

0
35. The authority citation for part 758 continues to read as follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).

0
36. Section 758.1 is amended:
0
a. In paragraph (b)(3) by adding the phrase ``or otherwise described''
after the term ``enumerated'';
0
b. In paragraph (c)(6) by removing the phrase ``Sec.  740.9(a)(2)(i)''
and adding in its place ``Sec.  740.9(a)(1)''; and
0
c. By revising paragraph (f)(2) to read as follows:

Sec.  758.1  The Electronic Export Information (EEI) filing to the
Automated Export System (AES).

* * * * *
    (f) * * *
    (2) Statements on the EEI filing are in conformity with the
contents of any license issued by BIS, with the possible exception of
the USPPI and USPPI identification blocks in routed transactions or any
name change approved by BIS in writing in accordance with Sec.
750.7(c)(2) of the EAR; and
* * * * *

0
37. Section 758.4 is amended by adding paragraph (d) to read as
follows:

Sec.  758.4  Use of export license.

* * * * *
    (d) Exports against license with approved name changes. If you are
exporting against a license with approved name changes under Sec.
750.7(c)(2) of the EAR, prior to using that export license you are
required to include in the respective name field in

AES (e.g., in the USPPI name field in AES), the new name followed by
the original name in this format ``[new name] f.k.a. [original name].''
This reporting requirement would be completed by the authorized filer
of the electronic export information (EEI) in AES. Although not
required, the exporter may include a copy of the BIS written response
approving the non-material name changes in accordance with Sec.
750.7(c)(2) of the EAR. If the items have already been exported against
the license by the time the name changes are approved, you are not
required to report this additional information in AES, but you still
must follow the recordkeeping requirements in part 762 of the EAR.

PART 762--[AMENDED]

0
38. The authority citation for 15 CFR part 762 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).

0
39. Section 762.2 is amended:
0
a. In paragraph (b)(9) by removing ``Sec.  740.13(f)'' and adding in
its place ``Sec.  740.13(h)'';
0
b. By revising paragraph (b)(13);
0
c. By removing the word ``and'' at the end of paragraph (b)(50);
0
d. By removing the period ``.'' at the end of paragraph (b)(51) and
adding in its place a semi-colon ``;''; and
0
e. By adding paragraphs (b)(52) and (b)(53) to read as follows:

Sec.  762.2  Records to be retained.

* * * * *
    (b) * * *
    (13) Sec.  743.4(c)(1) and (c)(2), Conventional arms reporting;
* * * * *
    (52) Sec.  744.15(b), UVL statement as well as any logs or records
created for multiple exports, reexports, and transfers (in-country);
and
    (53) Sec.  750.7(c)(2), Notification of name change by advisory
opinion request.
* * * * *

PART 772--[AMENDED]

0
40. The authority citation for 15 CFR part 772 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).

0
41. Section 772.1 is amended:
0
a. In the definition of ``specially designed'' by removing the word
``a'' immediately before the phrase ``achieving or exceeding'' in the
fourth sentence of Note to paragraph (a)(1);
0
b. In the definition of ``technology'' by adding a sentence to the end
of the definition, and by redesignating the Note as Note 1 and by
adding a new Note 2; and
0
c. In the definition of ``use'' by adding a new Note to read as
follows:

Sec.  772.1  Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
    Technology. * * * ``Technology'' also is specific information
necessary for any of the following: Operation, installation (including
on-site installation), maintenance (checking), repair, overhaul,
refurbishing, or other terms specified in ECCNs on the CCL that control
``technology.''
* * * * *

    Note 2: ``Technology'' not elsewhere specified on the CCL is
designated as EAR99, unless the ``technology'' is subject to the
exclusive jurisdiction of another U.S. Government agency (see Sec.
734.3(b)(1)) or is otherwise not subject to the EAR (see Sec.
734.4(b)(2) and (b)(3) and Sec. Sec.  734.7 through 734.11 of the
EAR).

* * * * *
    Use. * * *

    Note: If an ECCN specifies one or more of the six elements of
``use'' in the heading or control text, only those elements
specified are classified under that ECCN.

* * * * *

PART 774--[AMENDED]

0
42. 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 8, 2013, 78 FR 49107 (August 12, 2013).

0
43. Section 774.1 is amended by revising paragraph (b)(3) and the Note
to paragraph (b) to read as follows:

Sec.  774.1  Introduction.

* * * * *
    (b) * * *
    (3) The following multilateral export control regime reference is
provided, as an additional point of historical reference: 0C201--
INFCIRC 254 Part 1, 5.3.1(b).

    Note to paragraph (b): ECCNs 0D001 and 0E001 are ``subject to
the ITAR'' (see 22 CFR parts 120 through 130). These ECCNs are
retained on the CCL as cross references to the ITAR, although the
former cross references to export licensing authority of the Nuclear
Regulatory Commission (see 10 CFR part 110) for ECCN 0D001, and to
the Department of Energy (see 10 CFR part 810) for 0E001 were
removed from the Control(s) paragraph in the License Requirements
section of these two ECCNs and added as a more general
jurisdictional cross reference in a heading note added to these two
ECCNs as of June 5, 2014.

* * * * *

0
44. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A604
is amended by revising the heading, as added January 2, 2014, at 79 FR
282, effective July 1, 2014, to read as follows:

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

* * * * *

0A604 Commodities related to military explosive devices and charges
(see List of Items Controlled).
* * * * *

0
45. Supplement No. 1 to part 774 (the Commerce Control List), is
amended by adding quotes around the phrase ``subject to the ITAR''
wherever it appears in Export Control Classification Numbers (ECCNs):
0A604, 0A614, 1A005, 1A613, 1B608, 1C239, 9D001, 9D002, 9D003, 9D104,
9E001, 9E002, 9E101, and 9E102, as added January 2, 2014, at 79 FR 282-
294, effective July 1, 2014.

0
46. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A606
is amended:
0
a. By adding quotes around the term ``specially designed'' in Note 2.a
to paragraph a. in the ``Items'' paragraph in the List of Items
Controlled section;
0
b. By adding quotes around the term ``components'' wherever it appears
in the introductory text of Note 2 to paragraph a, and in Notes
2.b.1.a, 2.f, and y.12. in the ``Items'' paragraph in the List of Items
Controlled section.
0
c. By adding quotes around the term ``parts'' '' in Note 2.b to
paragraph a in the ``Items'' paragraph in the List of Items Controlled
section; and
0
b. By revising the heading to read as follows:
0A606 Ground vehicles and related commodities, as follows (see List
of Items Controlled).
* * * * *

0
47. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items),

Export Control Classification Number (ECCN) 0A614 is amended by
revising the heading, as added January 2, 2014, at 79 FR 282, effective
July 1, 2014, to read as follows:

0A614 Military training ``equipment,'' as follows (see List of Items
Controlled).
* * * * *

0
48. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A617
is amended:
0
a. By adding quotes around the terms ``components'' and ``parts'' in
the ``Related Controls'' paragraph (6) in the List of Items Controlled
section;
0
b. By adding quotes around the term ``specially designed'' in the
``Related Controls'' paragraph (10) in the List of Items Controlled
section; and
0
c. By adding a ``Related Definitions'' paragraph after the ``Related
Controls'' paragraph in the List of Items Controlled Section to read as
follows:

0A617 Miscellaneous ``equipment,'' materials, and related
commodities (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
    Related Definitions: N/A
* * * * *

0
49. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A918
is amended by revising the heading to read as follows:

0A918 Miscellaneous military equipment not on the Wassenaar
Munitions List (see List of Items Controlled).
* * * * *

0
50. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0A988
is amended by further revising the heading, as revised January 2, 2014,
at 79 FR 283, effective July 1, 2014, to read as follows:

0A988 Conventional military steel helmets as described by 0A018.d.1.
* * * * *

0
51. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0B604
is amended by revising the heading, as added January 2, 2014, at 79 FR
283, effective July 1, 2014, to read as follows:

0B604 Test, inspection, and production ``equipment'' and related
commodities ``specially designed'' for the ``development,''
``production,'' repair, overhaul, or refurbishing of commodities in
ECCN 0A604 or related defense articles in USML Category IV (see List
of Items Controlled).
* * * * *

0
52. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0B614
is amended by revising the heading, as added January 2, 2014, at 79 FR
283, effective July 1, 2014, to read as follows:

0B614 Test, inspection, and production ``equipment'' for military
training ``equipment'' and ``specially designed'' ``parts,''
``components,'' ``accessories'' and ``attachments'' therefor, as
follows (see List of Items Controlled).
* * * * *

0
53. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0D001
is amended:
0
a. By further revising the heading, as revised January 2, 2014, at 79
FR 283, effective July 1, 2014;
0
b. By adding a heading note; and
0
c. By removing the first Control(s) paragraph in License Requirements
section, to read as follows:

0D001 ``Software'' ``specially designed'' or modified for the
``development,'' ``production,'' or ``use'' of commodities described
in 0A002. (These items are ``subject to the ITAR.'' See 22 CFR parts
120 through 130.)

    Heading Note: Certain ``software'' for the ``development,''
``production,'' or ``use'' of nuclear related commodities is subject
to the export licensing authority of the Nuclear Regulatory
Commission (see 10 CFR part 110).

* * * * *

0
54. Supplement No. 1 to part 774 (the Commerce Control List), is
amended by adding the phrase ``(see List of Items Controlled).'' at the
end of the headings in Export Control Classification Numbers (ECCN):
0D604, 0E604, 1D608, 1E608, 9D604, and 9E604, as added January 2, 2014,
at 79 FR 284-294, effective July 1, 2014.

0
55. Supplement No. 1 to part 774 (the Commerce Control List), is
amended by adding a period at the end of the headings in Export Control
Classification Numbers (ECCN): 0D614, 0E614, 1B608, 1B613, 1C018,
1D018, 1D613, 1E001, 1E101, 1E201, 9A604, 9B115, 9B116, 9B604, 9D001,
9D002, 9D003, 9D104, 9E001, 9E101, and 9E102, as added January 2, 2014,
at 79 FR 284-294, effective July 1, 2014.

0
56. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0E001
is amended:
0
a. By further revising the heading, as revised January 2, 2014, at 79
FR 284, effective July 1, 2014;
0
b. By adding a heading note; and
0
c. By removing the first Control(s) paragraph in the License
Requirements section to read as follows:

0E001 ``Technology,'' according to the Nuclear Technology Note, for
the ``development,'' ``production,'' or ``use'' of items described
in 0A002, or 0D001.

    Heading Note: ``Technology'' for certain items subject to the
export licensing authority of the Nuclear Regulatory Commission (see
10 CFR part 110) is subject to the export licensing authority of the
Department of Energy (see 10 CFR part 810).

* * * * *

0
57. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0E018
is amended by adding a period after the phrase ``for items formerly
controlled by 0A018.a'' in the Note to the ``items'' paragraph in the
List of Items Controlled section.

0
58. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 0--Nuclear Materials, Facilities & Equipment (and
Miscellaneous Items), Export Control Classification Number (ECCN) 0E614
is amended by adding a comma between the terms ``repair'' and
``overhaul'' in the ``items'' paragraph a in the List of Items
Controlled section, as added January 2, 2014, at 79 FR 285, effective
July 1, 2014.

0
59. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals, add the
Product Group D heading ``SOFTWARE'' immediately before Export Control
Classification Number (ECCN) 1D001.

0
60. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' the Technical Note introductory text
after the Product Group C: ``Materials'' heading is amended by removing

``1C012'' and adding in its place ``1C011''.

0
61. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A001 is amended by adding quotes around ``specially designed''
in the ``Related Controls'' paragraph (1) in the List of Items
Controlled section.

0
62. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A004 is amended by removing the term ``agent'' and adding in
its place the term ``agents'' in Technical Note 1 to the ``items''
paragraph in the List of Items Controlled section.

0
63. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A007 is amended by adding quotes around the term ``specially
designed'' in the heading and in the ``Related Controls'' paragraph in
the List of Items Controlled section, as revised January 2, 2014, at 79
FR 285, effective July 1, 2014.

0
64. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A101 is amended by removing the term ``which'' in the ``Related
Controls'' paragraph (2) in the List of Items Controlled section.

0
65. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1A613, as added January 2, 2014, at 79 FR 286, effective July 1,
2014, is amended:
0
a. By revising the heading;
0
b. By adding ``Related Controls'' paragraph (3) to the ``Related
Controls'' paragraph in the List of Items Controlled section; and
0
c. By revising ``items'' paragraph e and adding ``items'' paragraph f
in the List of Items Controlled section.

1A613 Armored and protective ``equipment'' and related commodities,
as follows (see List of Items Controlled).
* * * * *

List of Items Controlled