Commerce Control List Additions and Revisions; Implementation of Controls on Advanced Technologies Consistent With Controls Implemented by International Partners; Correction

<RULE> DEPARTMENT OF COMMERCE <SUBAGY>Bureau of Industry and Security</SUBAGY> <CFR>15 CFR Parts 742, 743, and 774</CFR> <DEPDOC>[Docket No. 241204-0310]</DEPDOC> <RIN>RIN 0694-AJ60</RIN> <SUBJECT>Commerce Control List Additions and Revisions; Implementation of Controls on Advanced Technologies Consistent With Controls Implemented by International Partners; Correction</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Bureau of Industry and Security, Department of Commerce. <HD SOURCE="HED">ACTION:</HD> Correcting amendment. <SUM> <HD SOURCE="HED">SUMMARY:</HD> On September 6, 2024, BIS published in the <E T="04">Federal Register</E> an interim final rule entitled “Commerce Control List Additions and Revisions; Implementation of Controls on Advanced Technologies Consistent with Controls Implemented by International Partners” (RIN 0694-AJ60) that contained inadvertent errors. This rule corrects those errors. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective December 27, 2024. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> <E T="03">For general questions contact:</E> Sharron Cook at 202-482-2440 or <E T="03">RPD2@bis.doc.gov.</E> <E T="03">For technical questions contact:</E> Category 2: Sean Ghannadian at 202-482-3429 or <E T="03">Sean.Ghannadian@bis.doc.gov.</E> Category 3: Carlos Monroy at 202-482-3246 or <E T="03">Carlos.Monroy@bis.doc.gov.</E> Category 4: Aaron Amundson at 202-482-0707 or <E T="03">Aaron.Amundson@bis.doc.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">Background</HD> On September 6, 2024, BIS published in the <E T="04">Federal Register</E> the interim final rule “Commerce Control List Additions and Revisions; Implementation of Controls on Advanced Technologies Consistent with Controls Implemented by International Partners” (RIN 0694-AJ60) (89 FR 72926). That rule contained inadvertent errors in §§ 742.4, 742.6, and 743.7 of the Export Administration Regulations (15 CFR parts 730 through 774) (EAR) and in Export Control Classification Numbers (ECCNs) 2B910 and 3C908 of the Commerce Control List (CCL) in supplement no. 1 to part 774 of the EAR. <HD SOURCE="HD1">Corrections</HD> In column 1 of 89 FR 72938, under the section heading “§ 742.4 National security,” there is an incorrect citation. This rule amends the regulatory text in § 742.4(a)(5)(ii)(A) by replacing the reference to “general order no. 4” with “general order no. 6.” In columns 1 and 2 of 89 FR 72938, also under the section heading “§ 742.4 National security,” the paragraph designations in § 742.4 are incorrect. This rule revises paragraph (a)(5)(ii)(B)( <E T="03">1</E> ) to clarify the reference to quantum items eligible for the deemed export and deemed reexport exclusion by breaking the “technology” parenthetical referencing ECCNs 4D906 and 4E906 into separate list entries for ECCN 4D906 and ECCN 4E906. In column 3 of 89 FR 72938, under the section heading “§ 742.6 Regional stability,” there is an incorrect citation in § 742.6(a)(10)(ii)(A). This rule amends § 742.6(a)(10)(ii)(A) by replacing the reference to “general order no. 4” with “general order no. 6.” In column 2 of 89 FR 72939, under the part heading “Part 743—Special Reporting and Notification”, the paragraph designations in § 743.7 are incorrect. This rule amends § 743.7 by redesignating paragraphs (c)(1)(A) through (C) as paragraphs (c)(1)(i) through (iii), and redesignating paragraphs (c)(2)(A) through (D) as paragraphs (c)(2)(i) through (iv). In column 2 of 89 FR 72940, in the CCL of the EAR, ECCN 2B910.d contains an error. This rule corrects ECCN 2B910.d by replacing the citation to 2B010.c with 2B910.c. In column 1 of 89 FR 72951, in the CCL of the EAR, the license requirement table in ECCN 3C908 contains inadvertent errors ( <E T="03">i.e.,</E> the duplication of the Regional Stability (RS) license requirement paragraph and omission of an Anti-terrorism (AT) license requirement paragraph). This rule corrects ECCN 3C908 by removing the duplicate RS license requirement paragraph and adding the missing AT license requirement paragraph. <HD SOURCE="HD1">Export Control Reform Act of 2018</HD> On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (codified, as amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. In particular, Section 1753 of ECRA (50 U.S.C. 4812) authorizes the regulation of exports, reexports, and transfers (in-country) of items subject to U.S. jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA (50 U.S.C. 4813(a)(1)-(16)) authorizes, inter alia, the establishment of a list of controlled items; the prohibition of unauthorized exports, reexports, and transfers (in-country); the requirement of licenses or other authorizations for exports, reexports, and transfers (in-country) of controlled items; apprising the public of changes in policy, regulations, and procedures; and any other action necessary to carry out ECRA that is not otherwise prohibited by law. Pursuant to section 1762(a) of ECRA (50 U.S.C. 4821(a)), these changes can be imposed in a final rule without prior notice and comment. The revisions, including the addition of the missing AT license requirement paragraph to ECCN 3C908, made through this rulemaking fall within the authorizations conferred by ECRA as described above. <HD SOURCE="HD1">Rulemaking Requirements</HD> 1. This correction has not been designated a “significant regulatory action” under section 3(f) of Executive Order 12866, as amended by Executive Order 14094. 2. Notwithstanding any other provision of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This rule involves collections currently approved by OMB under the following control numbers: • 0694-0088, “Simplified Network Application Processing System,” which carries a burden-hour estimate of 29.6 minutes for a manual or electronic submission; • 0694-0137 “License Exceptions and Exclusions,” which carries a burden-hour estimate average of 1.5 hours per submission (Note: submissions for License Exceptions are rarely required); • 0694-0096 “Five Year Records Retention Period,” which carries a burden-hour estimate of less than 1 minute; and • 0607-0152 “Automated Export System (AES) Program,” which carries a burden-hour estimate of 3 minutes per electronic submission. Additional information regarding these collections of information—including all background materials—can be found at: <E T="03">https://www.reginfo.gov/public/do/PRAMain</E> and using the search function to enter either the title of the collection or the OMB Control Number. 3. This rule does not contain policies with federalism implications as that term is defined in Executive Order 13132. 4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) requirements for notice of proposed rulemaking, opportunity for public participation and delay in effective date. While Section 1762 of ECRA provides sufficient authority for such an exemption, this action is also independently exempt from these APA requirements because it involves a military or foreign affairs function of the United States (5 U.S.C. 553(a)(1)). 5. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule by 5 U.S.C. 553, or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601, <E T="03">et seq.</E> ) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. <LSTSUB> <HD SOURCE="HED">List of Subjects</HD> <CFR>15 CFR Part 742</CFR> Exports, Terrorism. <CFR>15 CFR Part 743</CFR> Administrative practice and procedure, Exports, Reporting and recordkeeping. <CFR>15 CFR Part 774</CFR> Exports, Reporting and recordkeeping requirements. </LSTSUB> Accordingly, parts 742, 743, and 774 of the EAR (15 CFR parts 730 through 774) are corrected by making the following correcting amendments: <HD SOURCE="HED">PART 742—CONTROL POLICY—CCL BASED CONTROLS</HD> <REGTEXT TITLE="15" PART="742"> 1. The authority citation for part 742 continues to read as follows: <HD SOURCE="HED">Authority: </HD> 50 U.S.C. 4801-4852; 50 U.S.C. 4601 <E T="03">et seq.;</E> 50 U.S.C. 1701 <E T="03">et seq.;</E> 22 U.S.C. 3201 <E T="03">et seq.;</E> 42 U.S.C. 2139a; 22 U.S.C. 7201 <E T="03">et seq.;</E> 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; Notice of November 1, 2023, 88 FR 75475 (November 3, 2023). </REGTEXT> <REGTEXT TITLE="15" PART="742"> 2. Section 742.4 is amended by: a. Removing the phase “general order no. 4” and adding in its place “general order no. 6” in paragraph (a)(5)(ii)(A); and b. Revising paragraph (a)(5)(ii)(B)( <E T="03">1</E> ). The revision reads as follows: <SECTION> <SECTNO>§ 742.4</SECTNO> <SUBJECT>National security.</SUBJECT> <E T="03">Limited exclusion.</E> Ther ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 19k characters. 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