Rule2023-16750
Commerce Control List: Updates Based on the Latest Nuclear Suppliers Group (NSG) Plenary Meetings
Primary source
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Published
August 18, 2023
Effective
August 18, 2023
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
The Bureau of Industry and Security (BIS) publishes this final rule to amend the Export Administration Regulations (EAR) to reflect changes reached by the Nuclear Suppliers Group (NSG) in its June 2019 plenary meeting in Nur-Sultan (now Astana), Kazakhstan and its plenary meeting of June 2022 in Warsaw, Poland. Consistent with U.S. commitments as a participating country in the NSG, this rule revises five existing Export Control Classification Numbers (ECCNs) under the Commerce Control List (CCL). These changes protect U.S. nuclear nonproliferation interests, while aligning the EAR with the control text agreed to by participating governments (PGs).
Full Text
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<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
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[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56462-56465]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-16750]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 221013-0214]
RIN 0694-AI63
Commerce Control List: Updates Based on the Latest Nuclear
Suppliers Group (NSG) Plenary Meetings
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
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SUMMARY: The Bureau of Industry and Security (BIS) publishes this final
rule to amend the Export Administration Regulations (EAR) to reflect
changes reached by the Nuclear Suppliers Group (NSG) in its June 2019
plenary meeting in Nur-Sultan (now Astana), Kazakhstan and its plenary
meeting of June 2022 in Warsaw, Poland. Consistent with U.S.
commitments as a participating country in the NSG, this rule revises
five existing Export Control Classification Numbers (ECCNs) under the
Commerce Control List (CCL). These changes protect U.S. nuclear
nonproliferation interests, while aligning the EAR with the control
text agreed to by participating governments (PGs).
DATES: This rule is effective August 18, 2023.
FOR FURTHER INFORMATION CONTACT:
For general questions, contact: Logan Norton, Regulatory Policy
Division, <a href="/cdn-cgi/l/email-protection#683a382c5a280a011b460c070b460f071e"><span class="__cf_email__" data-cfemail="c1939185f381a3a8b2efa5aea2efa6aeb7">[email protected]</span></a>, (202) 482-2440.
For technical questions, contact: Steven Clagett, Director Nuclear
and Missile Technology Division, (202) 482-4188.
SUPPLEMENTARY INFORMATION:
Background
BIS is amending the CCL, supp. no. 1 to part 774 of the EAR, 15 CFR
parts 730-774, consistent with U.S. commitments as a participating
country in the NSG. The NSG is a multilateral export control forum that
consists of 48 PGs. The NSG maintains two lists of
[[Page 56463]]
items that are subject to multilateral controls (collectively, the NSG
Guidelines): first, a list of items especially designed or prepared for
nuclear uses, also known as the trigger list; second, a list of dual-
use items that could be used for nuclear proliferation activities. The
list of dual-use items is maintained in the Annex to Part 2 of the
``Guidelines for the Transfer of Nuclear Related Dual Use Equipment,
Materials, Software and Related Technology.'' NSG participating
countries share a commitment to prevent nuclear proliferation and the
development of nuclear-related weapons of mass destruction. In
furtherance of that commitment, they have undertaken to impose export
controls on the items listed in the Annexes to the NSG Guidelines. The
NSG Guidelines and the Annexes thereto are designed to ensure that
nuclear trade for peaceful purposes does not contribute to the
proliferation of nuclear weapons or related proliferation activities.
The changes reflected in this rule correspond to changes agreed to in
the NSG plenary meeting of June 2019 in Nur-Sultan (now Astana),
Kazakhstan and the plenary meeting of June 2022 in Warsaw, Poland.
These changes were published in International Atomic Energy Agency
(IAEA) Information Circular INFCIRC/254/Rev.11/Part 2 in October 2019
and the IAEA Information Circular INFCIRC/254/Rev.12/Part 2 in July
2022, which contains the updated text of Part 2 of the NSG Guidelines
and its related Annex. BIS is publishing these amendments to the EAR to
fulfill U.S. commitments to the regime.
2019 Plenary Changes
Removal of Export Control Classification Number (ECCN) 1B229
To reflect changes implemented by the NSG, water-hydrogen sulfide
exchange tray columns and internal contactors have been removed from
the CCL; given that these were the only items controlled under ECCN
1B229, this ECCN is being removed in its entirety. Previously, the NSG
maintained entries for these items on the Annexes to both Part 1 and
Part 2 of the NSG Guidelines; the changes implemented in this rule
reflect the NSG's June 2017 decision to remove the entries from the
Annex to Part 2, as a result of the scope expansion of certain entries
in the Annex to Part 1 in the 2017 NSG plenary meeting. While the
decision to delete the text was made in June 2017, the entries'
deletion from the Annex to Part 2 did not occur until 2019. The items
will continue to be included in the Annex to Part 1 of the NSG
Guidelines. Items in the Annex to Part 1 of the NSG Guidelines are
subject to the export control jurisdiction of the Department of Energy
and the Nuclear Regulatory Commission.
Revision to ECCN 1B231
This rule amends ECCN 1B231 by adding ``hydrogen isotope'' before
``purification'' in item paragraph .b.2. This change clarifies that
only hydrogen isotope purification systems fall within the scope of the
entry. The previous text could have erroneously been interpreted to
control all purification systems in the form of metal hydrides and not
just those purification systems of hydrogen isotopes. This rule also
changes ``and'' to ``or'' in item paragraph .b.2. These changes reflect
revisions from the 2019 plenary meeting.
Revision to ECCN 3A233
Also consistent with changes made in the 2019 plenary meeting, this
rule amends ECCN 3A233 by replacing ``atomic mass units'' in the title
of the ECCN with ``u''. The description for items detailed under the
heading of ECCN 3A233 includes the outdated unit ``atomic mass units.''
This language is replaced pursuant to this rule with the modern and
widely accepted unit ``u'' or ``Dalton.'' BIS is making this amendment
because the new mass unit is more strictly defined and accepted by the
scientific and legal communities, removing a possible ambiguity in the
text as it was previously written. There is a miniscule difference the
masses of the two units.
2022 Plenary Changes
Revision of ECCNs 2B209 and 2B228
During the Fundamental Review of the NSG Control Lists--an NSG
function, not a function of the U.S. Government--in 2010 through 2013,
the parameters of gas centrifuges were changed to control centrifuge
rotors with internal diameters of between 75 mm and 650 mm. Similarly,
the parameters of filament winding machines were amended to those
capable of winding cylindrical tubes with an internal diameter of
between 75 mm and 650 mm. However, the parameters for the items
controlled by ECCNs 2B209 and 2B228, applicable for the manufacture of
gas centrifuge rotors, were not changed. This, respectively, includes:
Flow forming machines, spin forming machines capable of flow forming
functions, other than those controlled by 2B009 or 2B109, and mandrels;
and Rotor fabrication and assembly equipment, rotor straightening
equipment, bellows-forming mandrels and dies.
The NSG has now revised the control parameters for the items
controlled by ECCNs 2B209 and 2B228 so that they now have internal
diameters of between 75 mm to 650 mm, as opposed to the previous
internal diameter parameters of between 75 mm and 400 mm. This revision
ensures that the coverage of gas centrifuge rotor and of flow forming
machines that can be used to produce gas centrifuge rotors is
harmonized with the control parameters of the centrifuges.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA), 50 U.S.C. 4801-
4852. ECRA provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been determined to be not significant
under Executive Order 12866.
2. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 29.4 minutes for a manual or electronic submission
for a total burden estimate of 31,919 hours. BIS does not expect the
burden hours associated with this collection to change.
3. This rule does not contain policies with federalism implications
as that
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term is defined under Executive Order 13132.
Administrative Procedure Act and Regulatory Flexibility Act
Requirements
Pursuant to Section 4821 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for public participation and delay in
effective date.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements, Terrorism.
Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 774--THE COMMERCE CONTROL LIST
0
1. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.
0
2. Supplement no. 1 to part 774 is amended by:
0
a. Category 1 is amended by removing ECCN 1B229 and revising ECCN
1B231;
0
b. Category 2 is amended by revising ECCNs 2B209 and 2B228; and
0
c. Category 3 is amended by revising ECCN 3A233.
The revisions read as follows:
Supplement No. 1 to Part 774
* * * * *
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins''
* * * * *
B. ``Test'', ``Inspection'' and ``Production Equipment''
* * * * *
1B231 Tritium facilities or plants, and equipment therefor, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 1 to part 738)
NP applies to entire entry................ NP Column 1.
AT applies to entire entry................ AT Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) Tritium, tritium compounds, and mixtures
containing tritium are subject to the export licensing authority of
the Nuclear Regulatory Commission (see 10 CFR part 110). (2) See
ECCNs 1E001 (``development'' and ``production'') and 1E201 (``use'')
for technology for items controlled by this entry.
Related Definitions: N/A
Items:
a. Facilities or plant for the production, recovery, extraction,
concentration, or handling of tritium;
b. Equipment for tritium facilities or plant, as follows:
b.1. Hydrogen or helium refrigeration units capable of cooling
to 23 K (-250 [deg]C) or less, with heat removal capacity greater
than 150 watts; or
b.2. Hydrogen isotope storage or hydrogen isotope purification
systems using metal hydrides as the storage, or purification medium.
* * * * *
Category 2--Materials Processing
* * * * *
B. ``Test,'' ``Inspection'' and ``Production Equipment''
* * * * *
2B209 Flow forming machines, spin forming machines capable of flow
forming functions, other than those controlled by 2B009 or 2B109,
and mandrels, as follows (see List of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 1 to part 738)
NP applies to entire entry................ NP Column 1.
AT applies to entire entry................ AT Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) See ECCN 2D201 for ``software'' for items
controlled under this entry. (2) See ECCNs 2E001 (``development''),
2E002 (``production''), and 2E201 (``use'') for technology for items
controlled under this entry. (3) Also see ECCNs 2B009 and 2B109.
Related Definitions: N/A
Items:
a. Machines having both of the following characteristics:
a.1. Three or more rollers (active or guiding); and
a.2. According to the manufacturer's technical specifications,
can be equipped with ``numerical control'' units or a computer
control;
Note: 2B209.a includes machines that have only a single roller
designed to deform metal, plus two auxiliary rollers that support
the mandrel, but do not participate directly in the deformation
process.
b. Rotor-forming mandrels designed to form cylindrical rotors of
inside diameter between 75 mm and 650 mm.
* * * * *
2B228 Rotor fabrication and assembly equipment, rotor straightening
equipment, bellows-forming mandrels and dies, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 1 to part 738)
NP applies to entire entry................ NP Column 1.
AT applies to entire entry................ AT Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: See ECCNs 2E001 (``development''), 2E002
(``production''), and 2E201 (``use'') for technology for items
controlled under this entry.
Related Definitions: N/A
Items:
a. Rotor assembly equipment for assembly of gas centrifuge rotor
tube sections, baffles, and end-caps;
Note: 2B228.a includes precision mandrels, clamps, and shrink
fit machines.
b. Rotor straightening equipment for alignment of gas centrifuge
rotor tube sections to a common axis;
Technical Note: The rotor straightening equipment in 2B228.b
normally consists of precision measuring probes linked to a computer
that subsequently controls the action of, for example, pneumatic
rams used for aligning the rotor tube sections.
c. Bellows-forming mandrels and dies for producing single-
convolution bellows.
Technical Note: In 2B228.c, the bellows have all of the
following characteristics:
1. Inside diameter between 75 mm and 650 mm;
[[Page 56465]]
2. Length equal to or greater than 12.7 mm;
3. Single convolution depth greater than 2 mm; and
4. Made of high-strength aluminum alloys, maraging steel or high
strength ``fibrous or filamentary materials''.
* * * * *
Category 3--Electronics
A. ``End Items,'' ``Equipment,'' ``Accessories,'' ``Attachments,''
``Parts,'' ``Components,'' and ``Systems''
* * * * *
3A233 Mass spectrometers, capable of measuring ions of 230 u or
greater and having a resolution of better than 2 parts in 230, and
ion sources therefor, excluding items that are subject to the export
licensing authority of the Nuclear Regulatory Commission (see 10 CFR
part 110).
License Requirements
Reason for Control: NP, AT
Country chart (see supp. No.
Control(s) 1 to part 738)
NP applies to entire entry................ NP Column 1.
AT applies to entire entry................ AT Column 1.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) See ECCNs 3E001 (``development'' and
``production'') and 3E201 (``use'') for technology for items
controlled under this entry. (2) Mass spectrometers ``specially
designed'' or prepared for analyzing on-line samples of
UF<INF>6</INF> gas streams are subject to the export licensing
authority of the Nuclear Regulatory Commission (see 10 CFR part
110).
Related Definitions: N/A
Items:
a. Inductively coupled plasma mass spectrometers (ICP/MS);
b. Glow discharge mass spectrometers (GDMS);
c. Thermal ionization mass spectrometers (TIMS);
d. Electron bombardment mass spectrometers having both of the
following features:
d.1. A molecular beam inlet system that injects a collimated
beam of analyte molecules into a region of the ion source where the
molecules are ionized by an electron beam; and
d.2. One or more cold traps that can be cooled to a temperature
of 193 K (-80 [deg]C) or less in order to trap analyte molecules
that are not ionized by the electron beam;
e. Mass spectrometers equipped with a microfluorination ion
source designed for actinides or actinide fluorides.
Technical Notes:
1. ECCN 3A233.d controls mass spectrometers that are typically
used for isotopic analysis of UF6 gas samples.
2. Electron bombardment mass spectrometers in ECCN 3A233.d are
also known as electron impact mass spectrometers or electron
ionization mass spectrometers.
3. In ECCN 3A233.d.2, a ``cold trap'' is a device that traps gas
molecules by condensing or freezing them on cold surfaces. For the
purposes of this ECCN, a closed-loop gaseous helium cryogenic vacuum
pump is not a cold trap.
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-16750 Filed 8-17-23; 8:45 am]
BILLING CODE 3510-33-P
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