[Federal Register Volume 83, Number 105 (Thursday, May 31, 2018)]
[Notices]
[Page 24988]
[FR Doc No: 2018-11686]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL18-153-000]

GlidePath Power Solutions LLC v. PJM Interconnection, L.L.C.;
Notice of Complaint

    Take notice that on May 22, 2018, pursuant to sections 206 and 306
of the Federal Power Act \1\ and Rule 206 of the Federal Energy
Regulatory Commission's (Commission) Rules of Practice and
Procedure,\2\ GlidePath Power Solutions LLC (Complainant) filed a
formal complaint against PJM Interconnection, L.L.C. (Respondent)
alleging that the Respondent violated its Open Access Transmission
Tariff in terminating an interconnection service request submitted on
behalf of Complainant's affiliate, Energy Mountain LLC, all as more
fully explained in the complaint.
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    \1\ 16 U.S.C. 824e and 825e.
    \2\ 18 CFR 385.206
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    The Complainant certifies that copies of the complaint were served
on the contacts list for Respondent in the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected], or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on June 21, 2018.

    Dated: May 24, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-11686 Filed 5-30-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 130 (Tuesday, July 8, 2014)]
[Notices]
[Pages 38530-38531]
[FR Doc No: 2014-15844]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1484-009.
    Applicants: Shell Energy North America (US), L.P.
    Description: Updated Market Power Analysis for the Northeast Region
of Shell Energy North America (US), L.P.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5110.
    Comments Due: 5 p.m. ET 8/25/14.

    Docket Numbers: ER10-3195-003; ER10-3194-003
    Applicants: MATEP Limited Partnership, MATEP LLC.
    Description: Updated Market Power Analysis for the Northeast Region
of MATEP Limited Partnership, et. al.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5070.
    Comments Due: 5 p.m. ET 8/25/14.

    Docket Numbers: ER10-3260-004.
    Applicants: Granite Ridge Energy, LLC.
    Description: Triennial Market Power Report of Granite Ridge Energy,
LLC.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5106.
    Comments Due: 5 p.m. ET 8/25/14.

    Docket Numbers: ER10-3286-005; ER10-3299-004.
    Applicants: Millennium Power Partners, L.P., New Athens Generating
Company, LLC.
    Description: Triennial Market Power Report of Millennium Power
Partners, L.P., et. al.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5071.
    Comments Due: 5 p.m. ET 8/25/14.

    Docket Numbers: ER14-1363-003.
    Applicants: Kendall Green Energy LLC.
    Description: Triennial Market Power Report for the Northeast Region
of Kendall Green Energy LLC.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5105.
    Comments Due: 5 p.m. ET 8/25/14.

    Docket Numbers: ER14-2046-001.
    Applicants: Plum Point Energy Associates, LLC.
    Description: Amendment re Reactive Power Application to be
effective 9/1/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5059.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2264-000.
    Applicants: Northern Indiana Public Service Company.
    Description: Filing of CIAC Agreement with IMPA to be effective 6/
10/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5064.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2265-000.
    Applicants: MATEP Limited Partnership.
    Description: MATEP LP 2nd Rev MBR re 784 AS to be effective 6/26/
2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5066.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2266-000.

    Applicants: Copper Mountain Solar 1, LLC.
    Description: Copper Mountain Solar 1 Order No. 784 Compliance
Filing to be effective 6/26/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5072.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2267-000.
    Applicants: Energia Sierra Juarez U.S., LLC.
    Description: Energia Sierra Juarez Order No. 784 Compliance Filing
to be effective 6/26/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5073.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2268-000.
    Applicants: Mesquite Power, LLC.
    Description: Mesquite Power Order No. 784 Compliance Filing to be
effective 6/26/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5074.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2269-000.
    Applicants: Termoelectrica U.S., LLC.
    Description: Termoelectrica US Order No. 784 Compliance Filing to
be effective 6/26/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5075.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2270-000.
    Applicants: NorthWestern Corporation.
    Description: SA 721--City of Great Falls Construction Agreement to
be effective 6/26/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5097.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2271-000.
    Applicants: Paradise Solar Urban Renewal, L.L.C.
    Description: Paradise Solar Urban Renewal, L.L.C. Notice of
Cancellation of MBR Tariff to be effective 6/26/2014.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5103.
    Comments Due: 5 p.m. ET 7/16/14.

    Docket Numbers: ER14-2272-000.
    Applicants: Central Maine Power Company.
    Description: Termination of Interconnection Agreement and
Transmission Service Agreement with the City of Lewiston of Central
Maine Power Company.
    Filed Date: 6/25/14.
    Accession Number: 20140625-5116.
    Comments Due: 5 p.m. ET 7/16/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: June 26, 2014.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2014-15844 Filed 7-7-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: June 1, 2010 (Volume 75, Number 104)]
[Notices]
[Page 30419-30420]
[DOCID:fr01jn10-98]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1912-DR; Docket ID FEMA-2010-0002]

Kentucky; Major Disaster and Related Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This is a notice of the Presidential declaration of a major
disaster for the Commonwealth of Kentucky (FEMA-1912-DR), dated May 11,
2010, and related determinations.

DATES: Effective Date: May 11, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Notice is hereby given that, in a letter
dated May 11, 2010, the President issued a major disaster declaration
under the authority of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''), as follows:

    I have determined that the damage in certain areas of the
Commonwealth of Kentucky resulting from severe storms, flooding,
mudslides, and tornadoes beginning on May 1, 2010, and continuing,
is of sufficient severity and magnitude to warrant a major disaster
declaration under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act, 42 U.S.C. 5121 et seq. (the ``Stafford
Act''). Therefore, I declare that such a major disaster exists in
the Commonwealth of Kentucky.
    In order to provide Federal assistance, you are hereby
authorized to allocate from funds available for these purposes such
amounts as you find necessary for Federal disaster assistance and
administrative expenses.
    You are authorized to provide Individual Assistance and Public
Assistance in the designated areas, and Hazard Mitigation throughout
the State. Consistent with the requirement that Federal assistance
is supplemental, any Federal funds provided under the Stafford Act
for Public Assistance, Hazard Mitigation, and Other Needs Assistance
will be limited to 75 percent of the total eligible costs.

    Further, you are authorized to make changes to this declaration
for the approved assistance to the extent allowable under the
Stafford Act.

    The time period prescribed for the implementation of section
310(a), Priority to Certain Applications for Public Facility and Public
Housing Assistance, 42 U.S.C. 5153, shall be for a period not to exceed
six months after the date of this declaration.
    The Federal Emergency Management Agency (FEMA) hereby gives notice
that pursuant to the authority vested in the Administrator, under
Executive Order 12148, as amended, Douglas G. Mayne, of FEMA is
appointed to act as the Federal Coordinating Officer for this major
disaster.
    The following areas of the Commonwealth of Kentucky have been
designated as adversely affected by this major disaster:

    Casey, Lewis, Lincoln, Logan, Metcalfe, Rockcastle, Rowan, and
Woodford Counties for Individual Assistance.
    Allen, Hart, Lewis, Logan, Metcalfe, Monroe, and Rockcastle
Counties for Public Assistance.
    All counties within the Commonwealth of Kentucky are eligible to
apply for assistance under the Hazard Mitigation Grant Program.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-13077 Filed 5-28-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 78, Number 165 (Monday, August 26, 2013)]
[Rules and Regulations]
[Page 52694]
[FR Doc No: 2013-20673]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2013-0771]

Drawbridge Operation Regulation; Trent River, New Bern, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the US 70/Alfred C. Cunningham Bridge
across the Trent River, mile 0.0, at New Bern, NC. The deviation is
necessary to allow the annual Neuse River Bridge Run participants to
safely complete their race without interruptions from bridge openings.
This deviation allows the bridge draw span to remain in the closed-to-
navigation position for three hours to accommodate the race.

DATES: This deviation is effective from 6:30 a.m. to 9:30 a.m. on
October 19, 2013.

ADDRESSES: The docket for this deviation, [USCG-2013-0771] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation. You may also visit the Docket
Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue SE.,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mrs. Jessica Shea, Coast Guard;
telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have
questions on viewing the docket, call Barbara Hairston, Program
Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The event director for the annual Neuse
River Bridge Run, with approval from the North Carolina Department of
Transportation, owner of the drawbridge, has requested a temporary
deviation from the operating schedule to accommodate the Neuse River
Bridge Run.
    The US 70/Alfred C. Cunningham Bridge operating regulations are set
out in 33 CFR 117.843(a). The US 70/Alfred C. Cunningham Bridge across
the Trent River, mile 0.0, a double bascule lift Bridge, in New Bern,
NC, has a vertical clearance in the closed position of 14 feet above
mean high water.
    Under this temporary deviation, the drawbridge will be allowed to
remain in the closed-to-navigation position from 6:30 a.m. to 9:30 a.m.
on Saturday, October 19, 2013 while race participants are competing in
the annual Neuse River Bridge Run.
    Under the regular operating schedule where the bridge opens on
signal during the timeframe for the race, the bridge opens several
times every day for recreational vessels transiting to and from the
local marinas located upstream. Although openings occur throughout the
day, the morning hours have the fewest vessel transits.
    Vessels able to pass through the bridge in the closed position may
do so at anytime and are advised to proceed with caution. The bridge
will be able to open for emergencies and there is no alternate route
for vessels to pass. The Coast Guard will also inform the users of the
waterways through our Local and Broadcast Notices to Mariners of the
change in operating schedule for the bridge so that vessels can arrange
their transits to minimize any impact caused by the temporary
deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: August 12, 2013.
Waverly W. Gregory, Jr.,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2013-20673 Filed 8-23-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Proposed Rules]
[Pages 70945-70955]
[FR Doc No: 2012-28396]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 120330233-2160-01]
RIN 0694-AF64

Revisions to the Export Administration Regulations (EAR): Control
of Military Electronic Equipment and Related Items the President
Determines No Longer Warrant Control Under the United States Munitions
List (USML)

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule describes how certain articles the
President determines no longer warrant control under the United States
Munitions List (USML) would be controlled on the Commerce Control List
(CCL). Those articles and the USML categories under which they are
currently controlled are: Military electronics (Category XI) and
certain cryogenic and superconductive equipment designed for
installation in military vehicles and that can operate while in motion
(Categories VI, VII, VIII, and XV). Military electronics and related
items would be controlled by new Export Control Classification Numbers
(ECCNs) 3A611, 3B611, 3D611, and 3E611 proposed by this rule. Cryogenic
and superconducting equipment for military vehicles and related items
would be controlled under new ECCNs 9A620, 9B620, 9D620, and 9E620.
This proposed rule also would amend ECCNs 7A001 and 7A101 to apply the
missile technology reason for control only to items in those ECCNs on
the Missile Technology Control Regime (MTCR) Annex.
    This is one in a planned series of proposed rules describing how
various types of articles the President determines, as part of the
Administration's Export Control Reform Initiative, no longer warrant
USML control, would be controlled on the CCL and by the EAR. This
proposed rule is being published in conjunction with a proposed rule
from the Department of State, Directorate of Defense Trade Controls,
which would amend the list of articles controlled by USML Category XI.

DATES: Comments must be received by January 28, 2013.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
The identification number for this rulemaking is BIS-2012-0045.
     By email directly to<EMAIL_ADDRESS>Include
RIN 0694-AF64 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AF64.

FOR FURTHER INFORMATION CONTACT: Brian Baker, Director, Electronics and
Materials Division, Office of National Security and Technology Transfer
Controls,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    On July 15, 2011, as part of the Administration's ongoing Export
Control Reform Initiative, BIS published a proposed rule (76 FR 41958)
(``the July 15 proposed rule'') that set forth a framework for how
articles the President determines, in accordance with section 38(f) of
the Arms Export Control Act (AECA) (22 U.S.C. 2778(f)), would no longer
warrant control on the United States Munitions List (USML) instead
would be controlled on the Commerce Control List (CCL).
    BIS also published a proposed rule (76 FR 68675, November 7, 2011),
primarily dealing with aircraft and related items (``the November 7
proposed rule'') that made additions and modifications to some of the
provisions of the July 15 proposed rule.
    Following the structure of the July 15 and November 7 proposed
rules, this proposed rule describes BIS's proposal for controlling
under the EAR's CCL certain military electronic equipment and related
articles now controlled by the ITAR's USML Category XI. This proposed
rule also would specifically implement in U.S. export control
regulations Category ML20 Munitions List of the Wassenaar Arrangement
on Export Controls for Conventional Arms and Dual-Use Goods and
Technologies (Wassenaar Arrangement Munitions List or WAML), which
pertains to certain cryogenic and superconducting equipment. These
items are currently controlled by ``catch all'' provisions of the
ITAR's USML Categories VI, VII, VIII, and XV. Finally, this proposed
rule would correct two ECCNs in CCL Category 7 to apply the missile
technology reason for control only to items that are on the MTCR Annex.
    The changes described in this proposed rule and the State
Department's proposed amendment to Category XI of the USML are based on
a review of Category XI by the Defense Department, which worked with
the Departments of State and Commerce in preparing the proposed
amendments. The review was focused on identifying the types of articles
that are now controlled by USML Category XI that are either (i)
inherently military and otherwise warrant control on the USML or (ii)
if it is of a type common to non-military electronic equipment
applications, possess parameters or characteristics that provide a
critical military or intelligence advantage to the United States, and
that are almost exclusively available from the United States. If an
article satisfied one or both of those criteria, the article remained
on the USML. If an article did not satisfy either criterion but was
nonetheless a type of article that is, as a result of differences in
form and fit, ``specially designed'' for military applications or for
the intelligence applications described in proposed ECCN 3A611.b, it
was identified in the new ECCNs proposed in this notice. The licensing

requirements and other EAR-specific controls for such items described
in this notice would enhance national security by permitting the U.S.
Government to focus its resources on controlling, monitoring,
investigating, analyzing, and, if need be, prohibiting exports and
reexports of more significant items to destinations, end uses, and end
users of greater concern than NATO allies and other multi-regime
partners.
    The Defense Department also reviewed WAML Category ML20, which
describes certain cryogenic and superconducting items. These items are
not positively listed on the USML, but are nonetheless controlled as
non-specific parts, components, accessories of and attachments to items
controlled under USML Categories VI, VII, VIII and XV. The Department
of Defense concluded that the Category ML20 items are not in production
and, even if they were, they would not necessarily provide the United
States with a significant military or intelligence advantage warranting
control under the ITAR. In addition, the Departments of Commerce and
State have not identified evidence of trade in such items. Despite the
lack of evidence of production or trade, this proposed rule would list
WAML Category ML20 items on the CCL. Such listing is necessary because
several State Department proposed rules would, in accordance with the
Administration's Export Control Reform Initiative, remove non-specific
parts, components, accessories, and attachments from the USML, and,
unless added to the Commerce Control List, WAML Category ML20 items
would no longer be on any U.S. export control list.
    Pursuant to section 38(f) of the AECA, the President is obligated
to review the USML ``to determine what items, if any, no longer warrant
export controls under'' the AECA. The President must report the results
of the review to Congress and wait 30 days before removing any such
items from the USML. The report must ``describe the nature of any
controls to be imposed on that item under any other provision of law.''
22 U.S.C. 2778(f)(1).
    In the July 15 proposed rule, BIS proposed creating a series of new
ECCNs to control items that would be removed from the USML and items
currently on the CCL that are also on the Wassenaar Arrangement
Munitions List. The proposed rule referred to this series as the ``600
series'' because the third character in each of the new ECCNs would be
a ``6.'' The first two characters of the 600 series ECCNs serve the
same function as any other ECCN as described in Sec.  738.2 of the EAR.
The first character is a digit in the range 0 through 9 that identifies
the Category on the CCL in which the ECCN is located. The second
character is a letter in the range A through E that identifies the
product group within a CCL Category. In the 600 series, the third
character is the number 6. With few exceptions, the final two
characters identify the WAML category that covers items that are the
same or similar to items in a particular 600 series ECCN. The ECCNs
that would be created or revised by this proposed rule are described
more fully below.
    BIS will publish additional Federal Register notices containing
proposed amendments to the CCL that will describe proposed controls for
additional categories of articles the President determines no longer
warrant control under the USML. The State Department will publish
concurrently proposed amendments to the USML that correspond to the BIS
notices. BIS will also publish proposed rules to further align the CCL
with the WAML and the Missile Technology Control Regime Equipment,
Software and Technology Annex.
    The revisions proposed in this rule are part of Commerce's
retrospective plan under EO 13563 completed in August 2011. Commerce's
full plan can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.

Need To Avoid Ambiguous Classifications or Inadvertent License
Requirements

    BIS recognizes that because electronics frequently are installed in
some other commodity, they are particularly susceptible to ambiguous
classification or classification under multiple entries on the CCL. For
example, a given electronic device might also be viewed as a part for
an aircraft, radar, computer, laser, or some other article. How the
device is viewed might affect the classification on the CCL, which
could, in turn affect license requirements or licensing policy. BIS's
intent is that the new ECCNs in this proposed rule would not increase
the number of destinations to which a license is required, alter the
policy under which license application are reviewed or create any
apparent instances of an item that is subject to the EAR being covered
by more than one ECCN. Parties who believe that they can identify
instances where the effect of the proposed rule would be contrary to
this intent are encouraged to point out those instances in a public
comment on this proposed rule.

Detailed Description of Changes Proposed by This Rule

New 3X611 Series of ECCNs

    Proposed new ECCNs 3A611, 3B611, 3D611, and 3E611 would control
military electronics and related test, inspection, and production
equipment and software and technology currently controlled by USML
Category XI that the President determines no longer warrant control on
the USML. To the extent that they are not enumerated on the proposed
revisions to Category XI, these proposed new ECCNs would also control
computers, telecommunications equipment, radar ``specially designed''
for military use, parts, components, accessories, and attachments
``specially designed'' therefor, and related software and technology.
This structure aligns with the current USML Category XI and ML11, which
include within the scope of ``electronics'' such items as computers,
telecommunications equipment, and radar. BIS believes that it will be
easier to include such items within the scope of the proposed new 600
series that corresponds to USML Category XI rather than creating new
600 series ECCNs in CCL Categories 4 (computers), 5
(telecommunications), and 6 (radar). BIS, however, proposes including
cross references in CCL Categories 4, 5, and 6 to alert readers that
ECCN 3A611 may control such items.
    The proposed 3X611 series, except for 3X611.y, would be controlled
for national security (NS Column 1 or NS1), regional stability (RS
Column 1 or RS1), antiterrorism (AT Column 1 or AT1) and United Nations
embargo (UN) reasons. ECCNs 3X611.y would only be controlled for AT1
reasons (ECCN 3B611 would not have a .y paragraph). Each ECCN in this
3X611 series is described more specifically below.

New ECCN 3A611

    Proposed ECCN 3A611 paragraph .a would control electronic
``equipment,'' ``end items,'' and ``systems'' ``specially designed''
for military use that are not enumerated in either a USML category or
another ``600 series'' ECCN.
    Paragraph .b would be reserved. The corresponding USML Category is
XI(b), which will continue to be a catch-all control and will contain
the following clarified version of the current Category XI(b):
``Electronic systems or equipment ``specially designed'' for the
collection, surveillance, monitoring, or exploitation of the
electromagnetic spectrum (regardless of transmission medium), for
intelligence or security purposes or for counteracting such
activities.'' State's proposed revision to Category XI(b) will

contain references to certain types of equipment and systems that are
per se within the scope of the revised Category XI(b). BIS encourages
the public to comment on whether this approach creates any confusion
regarding the jurisdictional status of any items that are commonly used
in normal commercial, non-intelligence, or non-security use, including
those controlled under ECCN 5A980 (``Devices primarily useful for the
surreptitious interception of wire, oral, or electronic
communications.'')
    Paragraph .c would control microwave monolithic integrated circuit
(MMIC) power amplifiers based in general on four parameters: Rated
operating frequency; peak saturated power output, fractional bandwidth
and power added efficiency. This paragraph covers MMIC power amplifiers
with rated operating frequencies ranging from 2.7 GHz through 75 GHz in
six subparagraphs ranging from the lowest to the highest operating
frequency ranges, with a gap for MMIC power amplifiers rated for an
operation frequency range of 31.8 GHz up to and including 37.5 GHz,
which are covered by ECCN 3A001.b.2.d. The threshold values of the
other three parameters decline as the operating frequency range
increases. For the lowest operating frequency range (2.7 GHz through
3.2 GHz), the peak saturated power output parameter is one of three
alternative power measurements that define the threshold for inclusion
within paragraph .c. The other two are: (1) Average power output and
fractional bandwidth; and (2) pulse power output and (3) duty cycle.
    Paragraph .d would control discrete radio frequency transistors in
five graduated steps over the operating frequency range of 2.7 GHz
through 75 GHz, with a gap for transistors with an operating frequency
range exceeding 31.8 GHz up to and including 37.5 GHz, which are
covered by ECCN 3A001.b.3.c. This paragraph uses the same parameters
that as are used to identify MMIC power amplifiers in paragraph .c and,
as with MMIC power amplifiers, the threshold values for the other
parameters decline as the operating frequency increases.
    Paragraph .e would control high frequency (HF) surface wave radar
capable of ``tracking'' surface targets on oceans.
    Paragraph .f would control microelectronic devices and printed
circuit boards that are certified to be a ``trusted device'' from a
defense microelectronics activity (DMEA) accredited supplier.
    Each of these new ECCNs describes electronic items that BIS
understands to be inherently military or otherwise exclusively designed
and manufactured for military use. BIS encourages the public to test
this understanding and identify items, if any, that fall within the
scope of these new ECCNs that are in normal commercial use. If so, the
comments should provide details on such commercial applications. In
particular, BIS asks the public to comment on whether the controls in
proposed new paragraphs 3A611.c (MMICs) and 3A611.d (discrete radio
frequency transistors) are sufficiently limited to those not now or
likely to be in normal commercial use by U.S. or foreign
telecommunications or other non-military applications. The basis for
this request is that the current USML Category XI(c) does not now
control any electronic parts, components, accessories, attachments, or
associated equipment ``in normal commercial use'' even if they were
``specifically designed or modified for use with the equipment''
controlled in USML categories XI(a) or XI(b), which are, in essence,
electronic equipment ``specifically designed, modified, or configured
for military application.'' One of the goals of the reform effort is to
ensure that items that are currently EAR controlled are not
unintentionally made ITAR or ``600 series'' controlled, through the
creation of more positive lists. This objective, however, does not
preclude the possibility of the Administration intentionally making
ITAR or ``600 series'' controlled items that are today subject to the
other parts of the EAR.
    Paragraphs .g through .w would be reserved.
    Paragraph .x would control ``parts,'' ``components,''
``accessories'' and ``attachments'' that are ``specially designed'' for
a commodity controlled by ECCN 3A611 or for an article controlled by
USML Category XI, and not enumerated in a USML Category.
    A note is proposed for ECCN 3A611.x clarifying that electronic
parts, components, accessories, and attachments that are ``specially
designed'' for military use that are not enumerated in any USML
Category but are within the scope of a ``600 series'' ECCN are
controlled by that ``600 series'' ECCN. Thus, for example, electronic
components not enumerated on the USML that are ``specially designed''
for a military aircraft controlled by USML Category VIII or ECCN 9A610
would be controlled by ECCN 9A610.x. Similarly, electronic components
not enumerated on the USML that are ``specially designed'' for a
military vehicle controlled by USML Category VII or ECCN 0A606 would be
controlled by ECCN 0A606.x. The purpose of this note and the
limitations in ECCN 3A611.x is to prevent any overlap of controls over
electronics specially designed for particular types of items described
in other 600 series ECCNs (which would not be controlled by 3A611.x)
and all other electronic parts, components, accessories, and
attachments specially designed for military electronics that are not
enumerated on the USML (which would be controlled by ECCN 3A611.x).
    A second note proposed for ECCN 3A611.x specifies that ECCN 3A611.x
controls parts and components ``specially designed'' for underwater
sensors or projectors controlled by proposed USML Category XI(c)(12)
containing single-crystal lead magnesium niobate lead titanate (PMN-PT)
based piezoelectrics.
    ECCN 3A611 also would contain a paragraph .y for items of little or
no military significance that would be controlled only for AT1 reasons.

New ECCN 3B611

    Proposed ECCN 3B611 would impose controls on test, inspection, and
production end items and equipment ``specially designed'' for items
controlled in ECCN 3A611 or USML Category XI that are not enumerated in
USML XI or controlled by a ``600 series'' ECCN under paragraph .a and
for ``parts,'' ``components,'' ``accessories'' and ``attachments'' that
are ``specially designed'' for such test, inspection and production end
items and equipment that are not enumerated on the USML or controlled
by another ``600 series'' ECCN under paragraph .x.

New ECCN 3D611

    Proposed ECCN 3D611 would impose controls on software ``specially
designed'' for the ``development,'' ``production,'' operation, or
maintenance of commodities controlled by 3A611 or 3B611 other than
software for 3A611.y or 3B611.y.

New ECCN 3E611

    Proposed ECCN 3E611 would impose controls on ``technology''
``required'' for the ``development,'' ``production,'' operation,
installation, maintenance, repair, or overhaul of commodities or
software controlled by ECCN 3A611, 3B611 or 3D611 (except technology
for 3A611.y, 3B611.y and 3D611.y), which would be controlled for AT1
reasons only.

Revisions to ECCNs 3A101 and 4A003

    The analog-to-digital converters described in the proposed revision
to

3A101.a would become subject to the EAR. Currently ECCN 3A101 is refers
readers to the ITAR for analog-to-digital converters described in
paragraph .a. These converters are and would continue to be controlled
for MT reasons because they are identified on the Missile Technology
Control Regime Annex. Placing such items in this ECCN rather than the
new 3A611 will make it easier to identify, classify, and control such
items. Consequently, this proposed rule adds analog-to-digital
converters useable in ``missiles'' and having any of the
characteristics described in proposed 3A101.a.1, a.2, a.3, or a.4.
    In addition, adding the new text in 3A101.a.4 for electrical input
type analog-to-digital converter printed circuit boards or modules
requires that this proposed rule amend ECCN 4A003 to add an MT control
for items classified under ECCN 4A003.e when meeting or exceeding the
parameters described in ECCN 3A101.a.4. This amendment is necessary as
the MT items in new paragraph 3A101.a.4 are a subset of the items in
paragraph 4A003.e.

Revisions to ECCN 5A001

    This proposed rule revises the Related Controls paragraph in ECCN
5A001 to provide more detailed references to telecommunications
equipment subject to the ITAR under USML Categories XI and XV, while
maintaining references to ECCNs 5A101, 5A980, and 5A991.

New Cross Reference ECCNs

    Three new cross reference ECCNs would be created to alert readers
that computers, telecommunications equipment, and radar--and parts,
components, accessories and attachments ``specially designed''
therefor--are controlled by ECCN 3A611 if they are specially designed
for military use. These cross references are intended to reduce the
likelihood of confusion that might otherwise arise because computers,
telecommunications equipment, and radar generally are in CCL Categories
4, 5 (Part 1) and 6, respectively. The new cross reference ECCNs and
the Categories in which they would appear are: 4A611, Category 4;
5A611, Category 5, Part 1; and 6A611, Category 6.

Corrections to ECCNs 7A006 and 7D101

    This proposed rule would correct the reasons for control paragraph
of ECCN 7A006 to state that the missile technology reason for control
applies to those items covered by ECCN 7A006 that also meet or exceed
the parameters of ECCN 7A106. ECCN 7A006 now applies the missile
technology reason for control to a range of airborne altimeters that
extends beyond the range of altimeters that are on the MTCR annex.
BIS's practice is to apply the missile technology reason for control
only to items on that annex. This proposed change would make ECCN 7A006
conform to that practice. Similarly, this proposed rule would add the
phrase ``for missile technology reasons'' to the heading of ECCN 7D101.
ECCN 7D101 applies the missile technology reason for control to
software for a range of commodity ECCNs. Not all of those commodities
are controlled for missile technology reasons. The text proposed here
would limit the scope of missile technology controls in ECCN 7A106 to
commodities on the MTCR Annex and that of ECCN 7D101 to software for
commodities on the MTCR Annex.

New 9X620 Series of ECCNs

    Proposed ECCNs 9A620, 9B620, 9D620, and 9E620 would apply NS1, RS1,
AT1 and UN reasons for control to cryogenic and superconducting
equipment described in Category ML20 of the Wassenaar Arrangement
Munitions List and to test, inspection and production equipment,
software and technology therefor. Category ML20 covers cryogenic and
superconducting equipment that is ``specially designed'' to be
installed in a vehicle for military ground, marine, airborne, or space
applications. BIS believes that such equipment is used in experimental
or developmental vehicle propulsion systems that employ superconducting
components and cryogenic equipment to cool those components to
temperatures at which they superconduct. BIS has not identified
evidence of trade in such items. To the extent that exports do exist,
the items would be subject to the license requirements of the USML
Category that controls the vehicle into which the equipment would be
installed, i.e., Category VI, surface vessels; Category VII, ground
vehicles; Category VIII, aircraft; and Category XV, spacecraft. BIS
proposes to place this cryogenic and superconducting equipment, its
related test, inspection and production equipment, and its related
software and technology into a single set of 600 series ECCNs ending
with the digits ``20'' to correspond to the relevant Wassenaar
Arrangement Munitions List Category. This approach would further the
administration's Export Control Reform Initiative goal of aligning U.S.
controls with multilateral controls wherever feasible. Each ECCN in
this series is described more specifically below.

New ECCN 9A620

    Paragraph a. would control equipment ``specially designed'' to be
installed in a vehicle for military ground, marine, airborne, or space
applications, capable of operating while in motion and of producing or
maintaining temperatures below 103 K (-170 [deg]C). Paragraph b. would
control ``superconductive'' electrical equipment (rotating machinery
and transformers) ``specially designed'' to be installed in a vehicle
for military ground, marine, airborne, or space applications, and
capable of operating while in motion. Paragraph x. would control parts,
components, accessories and attachments that were ``specially
designed'' for a commodity controlled by ECCN 9A620.

New ECCN 9B620

    Proposed ECCN 9B620 would control test, inspection, and production
end items and equipment ``specially designed'' for items controlled in
proposed ECCN 9A620.

New ECCN 9D620

    Proposed ECCN 9D620 would control software ``specially designed''
for the ``development,'' ``production,'' operation, or maintenance of
commodities controlled by ECCNs 9A620 or 9B620.

New ECCN 9E620

    Proposed ECCN 9E620 would control a ``technology'' ``required'' for
the ``development,'' ``production,'' operation, installation,
maintenance, repair, or overhaul of commodities or software controlled
by ECCNs 9A620, 9B620 or 9D620.

Proposed New ECCNs and License Exception STA

    One of the objectives of the Export Control Reform effort is to
align the jurisdictional status of technology and software with the
items to which they relate. Thus, for example, all technical data and
software directly related to a defense article, i.e., an item
identified on the ITAR's USML, will also be ITAR controlled. All
technology, including technical data, and software for the production,
development, or other aspects of an item on the EAR's CCL will be
subject to the EAR. Nevertheless, some types of software and technology
are more significant than the commodities that are developed or
produced from or that utilize such software or technology. In
recognition of that fact, this proposed rule would preclude use of
License Exception STA for software and technology (other than build-to-
print technology) for (1) Helix traveling wave tubes (TWTs); (2)

Transmit/receive or transmit modules; (3) Microwave monolithic
integrated circuits (MMIC)s; and (4) Discrete radio frequency
transistors that would be controlled by ECCN 3A611.

Request for Comments

    All comments must be in writing and submitted via one or more of
the methods listed under the ADDRESSES caption to this notice. All
comments (including any personal identifiable information) will be
available for public inspection and copying. Those wishing to comment
anonymously may do so by submitting their comment via regulations.gov
and leaving the fields for identifying information blank.

Effects of This Proposed Rule

Use of License Exceptions
    Military electronic equipment, certain cryogenic and
superconducting equipment, and parts, components, and test, inspection,
and production equipment therefor currently on the USML that this rule
would place on the CCL would become eligible for several license
exceptions, including STA, which would be available for exports to
certain government agencies of NATO and other multi-regime close
allies. The exchange of information and statements required under STA
is substantially less burdensome than are the license application
requirements currently required under the ITAR, as discussed in more
detail in the ``Regulatory Requirements'' section of this proposed
rule. This proposed rule does not move any items currently on the CCL
to a 600 series ECCN; therefore, it would not narrow the scope of
license exception eligibility for any items currently on the CCL.
Alignment With the Wassenaar Arrangement Munitions List
    The Administration has stated since the beginning of the Export
Control Reform Initiative that the reforms will be consistent with the
obligations of the United States to the multilateral export control
regimes. Accordingly, the Administration will, in this and subsequent
proposed rules, exercise its national discretion to implement, clarify,
and, to the extent feasible, align its controls with those of the
regimes. This proposed rule would maintain the alignment that exists
between the USML, in which military electronics are controlled under
Category XI, and the WAML, in which military electronic equipment is
controlled under ML11 and would be controlled by ECCN 3A611 in this
proposed rule. Similarly, 3B611 aligns with WAML 18, which, inter alia,
controls ``specially designed or modified `production' equipment for
the `production' of products specified by the Munitions List, and
specially designed components therefor.''
    This proposed rule would align cryogenic and superconducting
equipment currently controlled in Categories VI, VII, VIII, and XV with
Wassenaar Arrangement Munitions List Category ML20 by controlling them
under ECCN 9A620. As with other 600 series ECCNs, this rule follows the
existing CCL numbering pattern for test, inspection and production
equipment (3B611 and 9B620), software (3D611 and 9D620) and technology
(3E611 and 9E620) rather than strictly following the Wassenaar
Arrangement Munitions List pattern of placing production equipment,
software and technology for munitions list items in categories ML18,
ML21 and ML22, respectively. BIS believes that including the ECCNs for
test, inspection and production equipment, software, and technology in
the same category as the items to which they relate results in an
easier to understand CCL than would separate categories.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as extended by the Notice of August 15,
2012, 77 FR 49699 (August 16, 2012), 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.

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 rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is subject to a penalty for failure to
comply with, a collection of information, subject to the requirements
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA),
unless that collection of information displays a currently valid OMB
control number. This proposed rule would affect two approved
collections: Simplified Network Application Processing System (control
number 0694-0088), which includes, among other things, license
applications, and License Exceptions and Exclusions (0694-0137).
    As stated in the proposed rule published at 76 FR 41958 (July 15,
2011), BIS believed that the combined effect of all rules to be
published adding items to the EAR that would be removed from the ITAR
as part of the administration's Export Control Reform Initiative would
increase the number of license applications to be submitted by
approximately 16,000 annually. As the review of the USML has
progressed, the interagency group has gained more specific information
about the number of items that would come under BIS jurisdiction
whether those items would be eligible for export under license
exception. As of June 21, 2012, BIS believes the increase in license
applications may be 30,000 annually, resulting in an increase in burden
hours of 8,500 (30,000 transactions at 17 minutes each) under control
number 0694-0088.
    Military electronic equipment, certain cryogenic and
superconducting equipment, related test, inspection and production
equipment, ``parts,'' ``components,'' ``accessories'' and
``attachments,'' ``software'' and ``technology'' formerly on the USML
would become eligible for License Exception STA under this rule. BIS
believes that the increased use of License Exception STA resulting from
the combined effect of all rules to be published adding items to the
EAR that would be removed from the ITAR as part of the administration's
Export Control Reform Initiative would increase the burden associated
with control number 0694-0137 by about 23,858 hours (20,450
transactions @ 1 hour and 10 minutes each).
    BIS expects that this increase in burden would be more than offset
by a reduction in burden hours associated with approved collections
related to the ITAR. The largest impact of the proposed rule would
likely apply to exporters of replacement parts for military electronic
equipment that has been approved under the ITAR for export to allies
and regime partners. Because, with few exceptions, the ITAR

allows exemptions from license requirements only for exports to Canada,
most exports of such parts, even when destined to NATO and other close
allies, require specific State Department authorization. Under the EAR,
as proposed in this notice, such parts would become eligible for export
to NATO and other multi-regime allies under License Exception STA. Use
of License Exception STA imposes a paperwork and compliance burden
because, for example, exporters must furnish information about the item
being exported to the consignee and obtain from the consignee an
acknowledgement and commitment to comply with the EAR. However, the
Administration understands that complying with the burdens of STA is
likely less burdensome than applying for licenses. For example, under
License Exception STA, a single consignee statement can apply to an
unlimited number of products, need not have an expiration date, and
need not be submitted to the government in advance for approval.
Suppliers with regular customers can tailor a single statement and
assurance to match their business relationship rather than applying
repeatedly for licenses with every purchase order to supply reliable
customers in countries that are close allies or members of export
control regimes or both.
    Even in situations in which a license would be required under the
EAR, the burden is likely to be reduced compared to the license
requirement of the ITAR. In particular, license applications for
exports of technology controlled by ECCN 3E611 are likely to be less
complex and burdensome than the authorizations required to export ITAR-
controlled technology, i.e., Manufacturing License Agreements and
Technical Assistance Agreements.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to the notice and comment
rulemaking requirements under the Administrative Procedure Act (5
U.S.C. 553) or any other statute, unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Under section 605(b) of the RFA, however, if
the head of an agency certifies that a rule will not have a significant
impact on a substantial number of small entities, the statute does not
require the agency to prepare a regulatory flexibility analysis.
Pursuant to section 605(b), the Chief Counsel for Regulation,
Department of Commerce, submitted a memorandum to the Chief Counsel for
Advocacy, Small Business Administration, certifying that this proposed
rule will not have a significant impact on a substantial number of
small entities.

Number of Small Entities

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

Economic Impact

    This proposed rule is part of the Administration's Export Control
Reform Initiative. Under that initiative, the United States Munitions
List (22 CFR part 121) (USML) would be revised to be a ``positive''
list, i.e., a list that does not use generic, catch-all controls on any
part, component, accessory, attachment, or end item that was in any way
specifically modified for a defense article, regardless of the
article's military or intelligence significance or non-military
applications. At the same time, articles that are determined to no
longer warrant control on the USML would become controlled on the
Commerce Control List (CCL). Such items, along with certain military
items that currently are on the CCL, will be identified in specific
Export Control Classification Numbers (ECCNs) known as the ``600
series'' ECCNs. In practice, the greatest impact of this rule on small
entities would likely be reduced administrative costs and reduced delay
for exports of items that are now on the USML but would become subject
to the EAR.
    This rule focuses on Category XI articles, which are, in essence,
military and intelligence-related electronic equipment, ``parts,''
``components,'' and ``accessories'' and ``attachments'' therefor; test,
inspection and production equipment for military electronic equipment
and ``parts,'' ``components'' and ``accessories and attachments''
therefor, and related software and technology and on certain laser and
radar altimeters that currently are controlled under Category IV of the
USML.
    Electronic equipment related to certain military or intelligence-
gathering functions would remain on the USML. However, parts,
components, accessories and attachments for that equipment would be
included on the CCL unless expressly enumerated on the USML. Such parts
and components are more likely to be produced by small businesses than
complete items of electronic equipment, which would in many cases
become subject to the EAR. Moreover, officials of the Department of
State have informed BIS that license applications for such parts and
components are a high percentage of the license applications for USML
articles review by that department. One of the purposes of this
proposed change is to ensure the ``right sizing'' of controls on
military electronics. The current USML Category XI is little more than
a ``catch-all'' paragraph that controls all equipment specifically
designed or modified for military use and all parts, components,
accessories specifically designed or modified for such equipment,
except those ``in normal commercial use,'' regardless of the age,
sensitivity, availability, or military significance of the electronics.
The proposed changes in this rule will not result in the decontrol of
such items, but will allow for reduction in administrative and
collateral regulatory burdens by, for example, allowing for the use of
License Exception STA for exports when the ultimate end user is in a
NATO and other multi-regime allied country.
    Thus, changing the jurisdictional status of Category XI articles
would reduce the burden on small entities (and other entities as well)
through: Elimination of some license requirements, greater availability
of license exceptions, simplification of license application
procedures, and reduction (or elimination) of registration fees. In
addition, parts and components controlled under the ITAR remain under
ITAR control when incorporated into foreign-made items, regardless of
the significance or insignificance of the item, discouraging foreign
buyers from incorporating such U.S. content. The availability of de
minimis treatment under the EAR may reduce the incentive for foreign
manufacturers to avoid purchasing U.S.-origin parts and components.
    Exporters and reexporters of the Category XI articles, particularly
parts and components, that would be placed on the CCL by this rule
would need fewer licenses because their transactions would become
eligible for license exceptions that apply to shipments to United
States Government agencies, shipments valued at less than $1,500, parts
and components being exported for use as replacement parts, temporary
exports, and License Exception Strategic Trade Authorization (STA).
License

Exceptions under the EAR would allow suppliers to send routine
replacement parts and low level parts to NATO and other close allies
and export control regime partners for use by those governments and for
use by contractors building equipment for those governments or for the
U.S. government without having to obtain export licenses. Under License
Exception STA, the exporter would need to furnish information about the
item being exported to the consignee and obtain a statement from the
consignee that, among other things, would commit the consignee to
comply with the EAR and other applicable U.S. laws.
    Because such statements and obligations can apply to an unlimited
number of transactions and have no expiration date, they would impose a
net reduction in burden on transactions that the government routinely
approves through the license application process that the License
Exception STA statements would replace.
    Even for exports and reexports in which a license would be
required, the process would be simpler and less costly under the EAR.
When a USML Category XI article or Category IV altimeter moved to the
CCL, the number of destinations for which a license is required would
remain unchanged. However, the burden on the license applicant would
decrease because the licensing procedure for CCL items is simpler and
more flexible that the license procedure for UMSL articles.
    Under the USML licensing procedure, an applicant must include a
purchase order or contract with its application. There is no such
requirement under the CCL licensing procedure. This difference gives
the CCL applicant at least two advantages. First, the applicant has a
way of determining whether the U.S. Government will authorize the
transaction before it enters into potentially lengthy, complex, and
expensive sales presentations or contract negotiations. Under the USML
procedure, the applicant will need to caveat all sales presentations
with a reference to the need for government approval and is more likely
to have to engage in substantial effort and expense only to find that
the government will reject the application. Second, a CCL license
applicant need not limit its application to the quantity or value of
one purchase order or contract. It may apply for a license to cover all
of its expected exports or reexports to a particular consignee over the
life of a license (normally two years, but may be longer if
circumstances warrant a longer period), reducing the total number of
licenses for which the applicant must apply.
    In addition, many applicants exporting or reexporting items that
this rule would transfer from the USML to the CCL would realize cost
savings through the elimination of some or all registration fees
currently assessed under the USML's licensing procedure. Currently,
USML applicants must pay to use the USML licensing procedure even if
they never actually are authorized to export. Registration fees for
manufacturers and exporters of articles on the USML start at $2,250 per
year, increase to $2,750 for organizations applying for one to ten
licenses per year and further increases to $2,750 plus $250 per license
application (subject to a maximum of three percent of total application
value) for those who need to apply for more than ten licenses per year.
There are no registration or application processing fees for
applications to export items listed on the CCL. Once the Category XI
articles and Category IV altimeters that are the subject to this
rulemaking are added to the CCL and removed from the USML, entities
currently applying for licenses from the Department of State would find
their registration fees reduced if the number of USML licenses those
entities need declines. If an entity's entire product line is moved to
the CCL, then its ITAR registration and registration fee requirement
would be eliminated.
    De minimis treatment under the EAR would become available for all
items that this rule would transfer from the USML to the CCL. Items
subject to the ITAR remain subject to the ITAR when they are
incorporated abroad into a foreign-made product regardless of the
percentage of U.S. content in that foreign-made product. Foreign-made
products that incorporate items that this rule would move to the CCL
would be subject to the EAR only if their total controlled U.S.-origin
content exceeded 10 percent. Because including small amounts of U.S.-
origin content would not subject foreign-made products to the EAR,
foreign manufacturers would have less incentive to avoid such U.S.-
origin parts and components, a development that potentially would mean
greater sales for U.S. suppliers, including small entities.
    This rule also contains proposed EAR controls on cryogenic and
superconducting equipment ``specially designed'' to be installed in a
vehicle for military ground, marine, airborne, or space applications,
and related test, inspection and production equipment, software and
technology. BIS believes that these items are largely experimental or
developmental and has not identified evidence of trade in such items.
Therefore, removing them from the USML and adding them to the CCL is
unlikely to have a significant impact on large or small entities.
Conclusion
    BIS is unable to determine the precise number of small entities
that would be affected by this rule. Based on the facts and conclusions
set forth above, BIS believes that any burdens imposed by this rule
would be offset by the reduction in the number of items that would
require a license, increased opportunities for use of license
exceptions for exports to certain countries, simpler export license
applications, reduced or eliminated registration fees and application
of a de minimis threshold for foreign-made items incorporating U.S.-
origin parts and components, which would reduce the incentive for
foreign buyers to design out or avoid U.S.-origin content. For these
reasons, the Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this rule, if adopted in final form, would not have
a significant economic impact on a substantial number of small
entities.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is proposed to be amended as follows:

PART 774--[AMENDED]

    1. 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 15, 2012, 77 FR 49699 (August 16, 2012).

    2. In Supplement No. 1 to Part 774, Category 3, amend Export
Control Classification Number (ECCN) 3A101 by:
    a. Revising the Related Controls paragraph in the List of Items
Controlled section; and
    b. Revising paragraph a. in the Items paragraph in the List of
Items Controlled section, to read as follows:

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

* * * * *

3A101 Electronic Equipment, Devices and Components, Other Than Those
Controlled by 3A001, as Follows (See List of Items Controlled)

* * * * *

List of Items Controlled

* * * * *
    Related Controls: See also ECCN 4A003.e for controls on
electrical input type analog-to-digital converter printed circuit
boards or modules.
* * * * *
    Items:
    a. Analog-to-digital converters useable in ``missiles,'' and
having any of the following characteristics:
    a.1. ``Specially designed'' to meet military specifications for
ruggedized equipment;
    a.2. Analog-to-digital converter microcircuits which are
radiation-hardened;
    a.3. Analog-to-digital converter microcircuits having all of the
following characteristics:
    a.3.a. Having a quantization corresponding to 8 bits or more
when coded in the binary system;
    a.3.b. Rated for operation in the temperature range from -54
[deg]C to above +125 [deg]C; and
    a.3.c. Hermetically sealed; or
    a.4. Electrical input type analog-to-digital converter printed
circuit boards or modules having all of the following
characteristics:
    a.4.a. Having a quantization corresponding to 8 bits or more
when coded in the binary system;
    a.4.b. Rated for operation in the temperature range from below -
45[deg]C to above +55[deg]C; and
    a.4.c. Incorporating microcircuits identified in 3A101.a.2 or
a.3;
* * * * *

    3. In Supplement No. 1 to Part 774, between the entries for ECCNs
3A292 and 3A980, add new entry for ECCN 3A611 to read as follows:

3A611 Military Electronics, as Follows (See List of Items Controlled)

    Reason for Control: NS, RS, AT, UN

                Control(s)                          Country chart

NS applies to entire entry except 3A611.y.  NS Column 1
RS applies to entire entry except 3A611.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 3A611.y.  See Sec.   746.1(b) for UN
                                             controls

License Exceptions

LVS: $1500 (except for ECCN 3A611.c)
GBS: N/A
CIV: N/A
STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 3A611.

List of Items Controlled

Unit: End items in number; parts, component, accessories and
attachments in $ value
Related Controls: (1) Electronic items that are enumerated in USML
Category XI or other USML categories, and technical data (including
software) directly related thereto, are subject to the ITAR. (2)
Electronic items ``specially designed'' for military use that are
not controlled in any USML category but are within the scope of
another ``600 series'' ECCN are controlled by that ``600 series''
ECCN. Thus, ECCN 3A611 controls only electronic items ``specially
designed'' for a military use that are not otherwise within the
scope of a USML Category or ``600 series'' ECCN other than ECCN
3A611. For example, electronic components not enumerated on the USML
or another 600 series entry that are ``specially designed'' for a
military aircraft controlled by USML Category VIII or ECCN 9A610 are
controlled by the catch-all control in ECCN 9A610.x. Electronic
components not enumerated on the USML or another 600 series entry
that are ``specially designed'' for a military vehicle controlled by
USML Category VII or ECCN 0A606 are controlled by ECCN 0A606.x.
Electronic components not enumerated on the USML that are
``specially designed'' for a missile controlled by USML Category IV
are controlled by ECCN 0A604.
Related Definitions: N/A
Items:

    a. Electronic ``equipment,'' ``end items,'' and ``systems''
``specially designed'' for military use that are not enumerated in
either a USML category or another ``600 series'' ECCN.

    Note: ECCN 3A611.a includes any radar, telecommunications, or
computer equipment, end items, or systems ``specially designed'' for
military use that are not enumerated in any USML category or
controlled by a ``600 series'' ECCN.

    b. [Reserved]
    c. Microwave ``monolithic integrated circuits'' (MMIC) power
amplifiers having any of the following:
    1. Rated for operation at frequencies of 2.7 GHz up to and
including 3.2 GHz, having a power added efficiency of 30% or
greater, and having any of the following:
    a. An average output power greater than 15 W (41.7 dBm) with a
``fractional bandwidth'' greater than 15%;
    b. A pulse power output greater than 75 W (48.75 dBm) and a duty
cycle of 20% or more; or
    c. A `peak saturated power output' greater than 75 W (48.75
dBm);
    2. Rated for operation at frequencies exceeding 3.2 GHz up to
and including 6.8 GHz and with a `peak saturated power output
greater' than 40W (46 dBm) with a ``fractional bandwidth'' greater
than 15% and a power added efficiency of 40% or greater;
    3. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 16 GHz and with a `peak saturated power output'
greater than 10W (40 dBm) with a ``fractional bandwidth'' greater
than 10% and a power added efficiency of 35% or greater;
    4. Rated for operation at frequencies exceeding 16 GHz up to and
including 31.8 GHz and with a `peak saturated power output' greater
than 5 W (37 dBm) with a ``fractional bandwidth'' greater than 10%
and a power added efficiency of 30% or greater;

    Note to paragraph .c.4:  See ECCN 3A001.b.2.d for MMIC power
amplifiers that are rated for operation at frequencies exceeding
31.8 GHz up to and including 37.5 GHz.

    5. Rated for operation at frequencies exceeding 37.5 GHz up to
and including 43.5 GHz and with a `peak saturated power output'
greater than 2.5 W (34dBm) with a ``fractional bandwidth'' greater
than 10% and a power added efficiency of 15% or greater; or
    6. Rated for operation at frequencies exceeding 43.5 GHz up to
and including 75 GHz and with a `peak saturated power output'
greater than 2.0 W (33dBm) with a ``fractional bandwidth'' greater
than 5% and a power added efficiency of 10% or greater.

    Note 1 to paragraph c:  See ECCN 3A001.b.2.f for MMIC power
amplifiers that are rated for operation at frequencies exceeding 75
GHz.

    Note 2 to paragraph c:  `Peak saturated power output' is defined
as that value where an increase in input rf power does not produce a
concurrent increase in rf output power and may also be referred to
as output power, saturated power output, maximum power output, peak
power output, or peak envelope power output.

    d. Discrete microwave transistors having any of the following:
    1. Rated for operation at frequencies of 2.7 GHz up to and
including 3.2 GHz, having a power added efficiency of 30% or
greater, and having any of the following:
    a. An average output power greater than 48 W (46.8 dBm);
    b. A pulse power output greater than 240 W (53.8 dBm) and a duty
cycle of 20% or more; or
    c. A `peak saturated power output' greater than 240 W (53.8
dBm);
    2. Rated for operation at frequencies exceeding 3.2 GHz up to
and including 6.8 GHz and having a `peak saturated power output'
greater than 60W (47.8 dBm) and a power added efficiency of 45% or
greater;
    3. Rated for operation at frequencies exceeding 6.8 GHz up to
and including 31.8 GHz and having a `peak saturated power output'
greater than 20W (43 dBm) and a power added efficiency of 35% or
greater;

    Note to paragraph.d.3:  See ECCN 3A001.b.3.c for discrete
microwave transistors that are rated for operation at frequencies
exceeding 31.8 GHz up to and including 37.5 GHz.

    4. Rated for operation at frequencies exceeding 37.5 GHz up to
and including 43.5 GHz and having a `peak saturated power output'
greater than 1W (30 dBm) and a power added efficiency of 20% or
greater; or
    5. Rated for operation at frequencies exceeding 43.5 GHz up to
and including 75

GHz and having a `peak saturated power output' greater than 0.5W (27
dBm) and a power added efficiency of 15% or greater; or

    Note 1 to paragraph .d: See ECCN 3A001.b.3.e for discrete
microwave transistors that are rated for operation at frequencies
exceeding 75 GHz.

    Note 2 to paragraph .d: `Peak saturated power output' is defined
as that value where an increase in input rf power does not produce a
concurrent increase in rf output power and may also be referred to
as saturated power, output power, saturated power output, maximum
power output, peak power output, or peak envelope power output.

    e. High frequency (HF) surface wave radar capable of
``tracking'' maritime surface targets or low altitude airborne
targets.

    Note: ECCN 3A611.e does not apply to systems, equipment, and
assemblies ``specially designed'' for marine traffic control.

    f. Microelectronic devices or printed circuit boards not
otherwise controlled on the USML that are certified to be a `trusted
device' from a defense microelectronics activity (DMEA) accredited
supplier.

    Note: A ``trusted device'' is a device that is certified as
produced or manufactured under accredited defense microelectronics
activity (DMEA) procedures at a ``trusted foundry,'' a ``trusted
source,'' or an ``accredited supplier.'' A ``trusted foundry'' is a
semiconductor foundry that is accredited through the defense
microelectronics activity (DMEA) to be a trusted source for the
following services: design, foundry services, packaging, assembly,
and test. A ``trusted source,'' or DMEA ``accredited supplier,'' is
a source or supplier that is accredited through DMEA to be a trusted
source for the following services: design, foundry services,
packaging, assembly, and test. Not all devices developed or
manufactured by a company that is a trusted foundry, trusted source,
or accredited supplier are per se ``trusted devices.'' Thus, ECCN
3A001.f does not include or apply to any other device that is not a
``trusted device'' manufactured or exported by such companies.

    g. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
controlled by ECCN 3A611 or for an article controlled by USML
Category XI, and not enumerated in a USML Category.

    Note 1 to ECCN 3A611.x: ECCN 3A611.x includes parts, components,
accessories, and attachments ``specially designed'' for a radar,
telecommunications, or computer ``specially designed'' for military
use that are neither enumerated in any USML Category nor controlled
in another ``600 series'' ECCN.

    Note 2 to ECCN 3A611.x: ECCN 3A611.x controls parts and
components ``specially designed'' for underwater sensors or
projectors controlled by USML Category XI(c)(12) containing single-
crystal lead magnesium niobate lead titanate (PMN-PT) based
piezoelectrics.

    y. Specific ``parts,'' ``components,'' ``accessories'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN and not elsewhere specified in the CCL, as
follows:

y.1. Electric couplings
y.2. Cathode ray tubes (CRTs)
y.3. Electrical connectors
y.4. Electric fans
y.5. Rotron fans
y.6. Electric fuses other than those specially designed for
explosive detonation
y.7. Grid vacuum tubes
y.8. Audio headphones, earphones, handsets, and headsets
y.9. Heat sinks
y.10. Intercom systems
y.11. Joy sticks
y.12. Loudspeakers
y.13. Mica paper capacitors
y.14. Microphones
y.15. Potentiometers
y.16. Rheostats
y.17. Electric connector backshells
y.18. Solenoids
y.19. Speakers
y.20. Electric switches other than RF, pressure, diplexer, duplexer,
circulator, or isolator switches
y.21. Trackballs
y.22. Electric transformers
y.23. Vacuum tubes other than TWTs, klystron tubes, or tubes
specially designed for articles enumerated in USML Category XII
y.24. Waveguide

    4. In Supplement No. 1 to Part 774, between the entries for ECCNs
3B002 and 3B991, add new entry for ECCN 3B611 to read as follows:

3B611 Test, Inspection, and Production Commodities for Military
Electronics, as Follows (See List of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

                Control(s)                          Country chart

NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls

License Exceptions

LVS: $1500
GBS: N/A
CIV: N/A
STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 3B611.

List of Items Controlled

Unit: N/A
Related Controls: N/A
Related Definitions: N/A
Items:

    a. Test, inspection, and production end items and equipment
``specially designed'' for items controlled in ECCN 3A611 or USML
Category XI that are not enumerated in USML XI or controlled by
another ``600 series'' ECCN.
    b. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
listed in this entry and that are not enumerated on the USML or
controlled by another ``600 series'' ECCN.

    5. In Supplement No. 1 to Part 774, between the entries for ECCNs
3D101 and 3D980, add a new entry for ECCN 3D611 to read as follows:

3D611 ``Software'' ``Specially Designed'' for Military Electronics,
as Follows (See List of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

                Control(s)                          Country chart

NS applies to entire entry except 3D611.y.  NS Column 1
RS applies to entire entry except 3D611.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 3D611.y.  See Sec.   746.1(b) for UN
                                             controls

License Exceptions

CIV: N/A
TSR: N/A
STA: 1. Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2)) of the EAR may not be used for any ``software'' in
3D611. 2. License Exception STA is not eligible for software for the
``development,'' ``production,'' operation, installation,
maintenance, repair, or overhaul of items enumerated in ECCN
3E611.b.

List of Items Controlled

Unit: $ value
Related Controls: ``Software'' directly related to articles
enumerated in USML Category XI is subject to the control of USML
paragraph XI(d).
Related Definitions: N/A
Items:

    a. Software ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 3A611 (other than 3A611.y), 3B611.
    b. through x. [RESERVED]
    y. Specific ``software'' ``specially designed'' for the
``production,'' ``development,'' operation or maintenance of
commodities enumerated in ECCNs 3A611.y.

    6. In Supplement No. 1 to Part 774, between the entries for ECCNs
3E292 and 3E980, add new entry for ECCN 3E611 to read as follows:

3E611 Technology ``Required'' for Military Electronics, as Follows
(See List of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

                Control(s)                          Country chart

NS applies to entire entry except 3E611.y.  NS Column 1
RS applies to entire entry except 3E611.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 3E611.y.  See Sec.   746.1(b) for UN
                                             controls

 License Exceptions

CIV: N/A
TSR: N/A
STA: 1. Paragraph (c)(2) of License Exception STA (Sec.
740.20(c)(2)) of the EAR may not be used for any technology in
3E611. 2. Except for ``build-to-print'' technology, License
Exception STA is not eligible for technology enumerated in ECCN
3E611.b.

List of Items Controlled

Unit: $ value
Related Controls: Technical data directly related to articles
enumerated in USML Category XI is subject to the control of USML
paragraph XI(d).
Related Definitions: N/A
Items:

    a. ``Technology'' (other than that described in 3E611.b or
3E611.y) not otherwise enumerated in this ECCN ``required'' for the
``development,'' ``production,'' operation, installation,
maintenance, repair, or overhaul of commodities or software
controlled by ECCN 3A611, 3B611 or 3D611.
    b. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, or
overhaul of
    (1) Helix traveling wave tubes (TWTs);
    (2) Transmit/receive or transmit modules;
    (3) Microwave monolithic integrated circuits (MMIC); or
    (4) Discrete radio frequency transistors.
    c. through x. [RESERVED]
    y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair or
overhaul of commodities enumerated in ECCNs 3A611.y or 3D611.y.

    7. In Supplement No. 1 to Part 774, amend ECCN 4A003 by revising
the License Requirements section to read as follows:

4A003 ``Digital Computers'', ``Electronic Assemblies'', and Related
Equipment Therefor, as Follows (See List of Items Controlled) and
Specially Designed Components Therefor

License Requirements

Reason for Control: NS, MT, CC, AT, NP

                Control(s)                          Country chart

NS applies to 4A003.b and .c..............  NS Column 1
NS applies to 4A003.e and .g..............  NS Column 2
MT applies to 4A003.e when the parameters   MT Column 1
 in 3A101.a.4 are met or exceeded.
CC applies to ``digital computers'' for     CC Column 1
 computerized finger-print equipment.
AT applies to entire entry (refer to 4A994  AT Column 1
 for controls on ``digital computers''
 with a APP > 0.0128 but <=3.0 WT).

    NP applies, unless a License Exception is available. See Sec.
742.3(b) of the EAR for information on applicable licensing review
policies.

    Note 1: For all destinations, except those countries in Country
Group E:1 of Supplement No. 1 to part 740 of the EAR, no license is
required (NLR) for computers with an ``Adjusted Peak Performance''
(``APP'') not exceeding 3.0 Weighted TeraFLOPS (WT) and for
``electronic assemblies'' described in 4A003.c that are not capable
of exceeding an ``Adjusted Peak Performance'' (``APP'') exceeding
3.0 Weighted TeraFLOPS (WT) in aggregation, except certain transfers
as set forth in Sec.  746.3 (Iraq).

    Note 2: Special Post Shipment Verification reporting and
recordkeeping requirements for exports of computers to destinations
in Computer Tier 3 may be found in Sec.  743.2 of the EAR.

* * * * *

    8. In Supplement No. 1 to Part 774, between the entries for ECCNs
4A102 and 4A980, add a new entry for ECCN 4A611 as follows:
4A611 Computers, and Parts, Components, Accessories, and Attachments
``Specially Designed'' Therefor, ``Specially Designed'' for Military
Use That Are Not Enumerated in Any USML Category Are Controlled by
ECCN 3A611

    9. In Supplement No. 1 to Part 774, amend ECCN 5A001 by revising
the Related Controls paragraph of the List of Items Controlled section,
to read as follows:

5A001 Telecommunications Systems, Equipment, Components and
Accessories, as Follows (See List of Items Controlled)
* * * * *

List of Items Controlled

* * * * *
Related Controls: 1. See USML Category XV for controls on
telecommunications equipment defined in 5A001.a.1 and any other
equipment used in satellites that are subject to the ITAR. See USML
Category XI for controls on direction finding equipment defined in
5A001.e and any other military or intelligence electronic equipment
subject to the ITAR. 2. See USML Category XI(a)(4)(iii) for controls
on electronic attack and jamming equipment defined in 5A001.f and .h
that are subject to the ITAR. 3. See also ECCNs 5A101, 5A980, and
5A991.
* * * * *

    10. In Supplement No. 1 to Part 774, between the entries for ECCNs
5A101 and 5A980, add a new entry for ECCN 5A611 as follows:
5A611 Telecommunications Equipment, and Parts, Components,
Accessories, and Attachments ``Specially Designed'' Therefor,
``Specially Designed'' for Military Use That Are Not Enumerated in
Any USML Category Are Controlled by ECCN 3A611
    11. In Supplement No. 1 to Part 774, between the entries for ECCNs
6A226 and 6A991, add a new entry for ECCN 6A611 as follows:
6A611 Radar, and Parts, Components, Accessories, and Attachments
``Specially Designed'' Therefor, ``Specially Designed'' for Military
Use That Are Not Enumerated in Any USML Category or Other ECCN Are
Controlled by ECCN 3A611.
    12. In Supplement No. 1 to Part 774, ECCN 7A006, revise the Reasons
for Control paragraph of the License Requirements section to read as
follows:
7A006 Airborne Altimeters Operating at Frequencies Other Than 4.2 to
4.4 GHz Inclusive and Having Any of the Following (See List of Items
Controlled).

License Requirements

Reason for Control: NS, MT, AT

                Control(s)                          Country chart

NS applies to entire entry................  NS Column 1
MT applies to commodities in this entry     MT Column 1
 that meet or exceed the parameters of
 7A106.
AT applies to entire entry................  AT Column 1

* * * * *
    13. In Supplement No. 1 to Part 774, ECCN 7D101, revise the heading
to read as follows:
7D101 ``Software'' Specially Designed or Modified for the ``Use'' of
Equipment Controlled for Missile Technology (MT) Reasons by 7A001 to
7A006, 7A101 to 7A107, 7A115, 7A116, 7A117,7B001, 7B002, 7B003,
7B101, 7B102, or 7B103.
* * * * *
    14. In Supplement No. 1 to Part 774, between the entries for ECCNs
9A120 and 9A980, add a new entry for ECCN 9A620 to read as follows:
9A620 Cryogenic and ``Superconductive'' Equipment, as Follows (See
List of Items Controlled).

Reason for Control: NS, RS, AT, UN

                Control(s)                          Country chart

NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls

License Exceptions

LVS: $1500
GBS: N/A
CIV: N/A
STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 9A620.

List of Items Controlled

Unit: End items in number; parts, component, accessories and
attachments in $ value
Related Controls: Electronic items that are enumerated in USML
Category XI or other USML categories, and technical data (including
software) directly related thereto, are subject to the ITAR.
Related Definitions: N/A.
Items:

    a. Equipment ``specially designed'' to be installed in a vehicle
for military ground, marine, airborne, or space applications, and
capable of operating while in motion and of producing or maintaining
temperatures below 103 K (-170 [deg]C).

    Note to 9A620.a: ECCN 9A620.a includes mobile systems
incorporating or employing accessories or components manufactured
from non-metallic or non-electrical conductive materials such as
plastics or epoxy-impregnated materials.

    b. ``Superconductive'' electrical equipment (rotating machinery
and transformers) ``specially designed'' to be installed in a
vehicle for military ground, marine, airborne, or space
applications, and capable of operating while in motion.

    Note to 3A610.b: ECCN 9A620.b. does not control direct-current
hybrid homopolar generators that have single-pole normal metal
armatures which rotate in a magnetic field produced by
superconducting windings, provided those windings are the only
superconducting components in the generator.

    c. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
controlled by ECCN 9A620.
    15. In Supplement No. 1 to Part 774, between the entries for ECCNs
9B117 and 9B990, add a new entry for ECCN 9B620 to read as follows:

9B620 Test, Inspection, and Production Commodities for Cryogenic and
``Superconductive'' Equipment (See List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
------------------------------------------------------------------------

License Exceptions

LVS: $1500
GBS: N/A
CIV: N/A
STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any item in 9B620.

List of Items Controlled

Unit: N/A
Related Controls: N/A
Related Definitions: N/A
Items: Test, inspection, and production end items and equipment
``specially designed'' for items controlled in ECCN 9A620.

    16. In Supplement No. 1 to Part 774, between the entries for ECCNs
9D105 and 9D990, add a new entry for ECCN 9D620 to read as follows:

9D620 ``Software'' ``Specially Designed'' for Cryogenic and
``Superconductive'' Equipment, as Follows (See List of Items
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
------------------------------------------------------------------------

License Exceptions

CIV: N/A
TSR: N/A
STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any ``software'' in 9D620.

List of Items Controlled

Unit: $ value
Related Controls: ``Software'' directly related to articles
enumerated on USML are subject to the control of that USML category.
Related Definitions: N/A
Items: Software ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 9A620 or 9B620.
    17. In Supplement No. 1 to Part 774, between the entries for ECCNs
9E102 and 9E990, add a new entry for ECCN 9E620 to read as follows:

9E620 Technology ``Required'' for Cryogenic and ``Superconductive''
Equipment, as Follows (See List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                Control(s)                          Country chart

NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls

License Exceptions

CIV: N/A
TSR: N/A
STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2))
of the EAR may not be used for any technology in 9E620.

List of Items Controlled

Unit: $ value
Related Controls: Technical data directly related to articles
enumerated on USML are subject to the control of that USML category.
Related Definitions: N/A
    Items: ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, or
overhaul of commodities or software controlled by ECCN 9A620, 9B620
or 9D620.

    Dated: November 16, 2012.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2012-28396 Filed 11-23-12; 11:15 am]
BILLING CODE 3510-33-P


[Federal Register Volume 79, Number 139 (Monday, July 21, 2014)]
[Notices]
[Pages 42383-42384]
[FR Doc No: 2014-17142]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Wednesday, July
23, 2014 at 1:00 p.m. and Thursday, July 24, 2014 at 2:00 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meetings.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or her designee, has
certified that, in her opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the
scheduled matters at the Closed Meetings.
    Commissioner Piwowar, as duty officer, voted to consider the items
listed for the Closed Meetings in closed sessions.
    The subject matter of the July 23, 2014 Closed Meeting will be:
Institution and settlement of administrative proceedings; and other
matters relating to enforcement proceedings.
    The subject matter of the July 24, 2014 Closed Meeting will be:
Institution and settlement of injunctive actions; institution and
settlement of

administrative proceedings; a litigation matter; and other matters
relating to enforcement proceedings.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact the Office of the
Secretary at<PHONE_NUMBER>.

    Dated: July 16, 2014.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-17142 Filed 7-17-14; 11:15 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 71 (Wednesday, April 13, 2022)]
[Notices]
[Page 21984]
[FR Doc No: 2022-07834]

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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-440, OMB Control No. 3235-0496]

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

Extension:
    Appendix F to Rule 15c3-1

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.) (``PRA''), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the existing
collection of information provided for in Appendix F to Rule 15c3-1
(``Appendix F'' or ``Rule 15c3-1f'') (17 CFR 240.15c3-1f) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.) (``Exchange
Act'').
    Appendix F applies to certain members of a class of broker-dealers
known as over-the-counter (``OTC'') derivatives dealers. Exchange Act
Rule 15c3-1 is the Commission's net capital rule for broker-dealers.\1\
Under Appendix F, an OTC derivatives dealer that is not a security-
based swap dealer may apply to the Commission for authorization to
compute net capital charges for market and credit risk in accordance
with Appendix F in lieu of computing securities haircuts under
paragraph (c)(2)(vi) of Exchange Act Rule 15c3-1.\2\
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    \1\ 17 CFR 240.15c3-1. An OTC derivatives dealer that is also
registered as a security-based swap dealer is subject to the net
capital provisions of Exchange Act Rule 18a-1 (17 CFR 240.18a-1).
    \2\ An OTC derivatives dealer that is also registered as a
security-based swap dealer may apply to the Commission for
authorization to compute deductions for market and credit risk using
models under paragraph (d) of Rule 18a-1.
---------------------------------------------------------------------------

    At present, three OTC derivatives dealers have been approved to use
Appendix F. No additional OTC derivatives dealers have applied to use
Appendix F, and the staff does not expect that any additional OTC
derivatives dealers will apply to use Appendix F during the next three
years. The Commission estimates that the three approved OTC derivatives
dealers will spend an average of approximately 1,000 hours each per
year reporting information concerning their value-at-risk (``VAR'')
models and internal risk management systems, for a total annual burden
of approximately 3,000 hours.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days May 13, 2022 of publication of
this notice to (i) www.reginfo.gov/public/do/PRAMain and (ii) David
Bottom, Director/Chief Information Officer, Securities and Exchange
Commission, c/o John Pezzullo, 100 F Street NE, Washington, DC 20549,
or by sending an email to: [email protected].

    Dated: April 7, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07834 Filed 4-12-22; 8:45 am]
BILLING CODE 8011-01-P