Rule2024-30723
Commerce Control List Additions and Revisions; Implementation of Controls on Advanced Technologies Consistent With Controls Implemented by International Partners; Correction
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 27, 2024
Effective
December 27, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
On September 6, 2024, BIS published in the Federal Register 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.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 248 (Friday, December 27, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 248 (Friday, December 27, 2024)]
[Rules and Regulations]
[Pages 105448-105450]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-30723]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 743, and 774
[Docket No. 241204-0310]
RIN 0694-AJ60
Commerce Control List Additions and Revisions; Implementation of
Controls on Advanced Technologies Consistent With Controls Implemented
by International Partners; Correction
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: On September 6, 2024, BIS published in the Federal Register 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.
DATES: This rule is effective December 27, 2024.
FOR FURTHER INFORMATION CONTACT:
For general questions contact: Sharron Cook at 202-482-2440 or
<a href="/cdn-cgi/l/email-protection#0e5c5e4a3c4e6c677d206a616d20696178"><span class="__cf_email__" data-cfemail="e2b0b2a6d0a2808b91cc868d81cc858d94">[email protected]</span></a>.
For technical questions contact:
Category 2: Sean Ghannadian at 202-482-3429 or
<a href="/cdn-cgi/l/email-protection#88dbede9e6a6cfe0e9e6e6e9ece1e9e6c8eae1fba6ece7eba6efe7fe"><span class="__cf_email__" data-cfemail="96c5f3f7f8b8d1fef7f8f8f7f2fff7f8d6f4ffe5b8f2f9f5b8f1f9e0">[email protected]</span></a>.
Category 3: Carlos Monroy at 202-482-3246 or
<a href="/cdn-cgi/l/email-protection#6a290b18060519442705041805132a080319440e0509440d051c"><span class="__cf_email__" data-cfemail="f7b496859b9884d9ba989985988eb7959e84d9939894d9909881">[email protected]</span></a>.
Category 4: Aaron Amundson at 202-482-0707 or
<a href="/cdn-cgi/l/email-protection#420323302d2c6c032f372c26312d2c02202b316c262d216c252d34"><span class="__cf_email__" data-cfemail="327353405d5c1c735f475c56415d5c72505b411c565d511c555d44">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On September 6, 2024, BIS published in the Federal Register 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 Sec. Sec. 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.
Corrections
In column 1 of 89 FR 72938, under the section heading ``Sec. 742.4
National security,'' there is an incorrect citation. This rule amends
the regulatory text in Sec. 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
``Sec. 742.4 National security,'' the paragraph designations in Sec.
742.4 are incorrect. This rule revises paragraph (a)(5)(ii)(B)(1) 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 ``Sec. 742.6
Regional stability,'' there is an incorrect citation in Sec.
742.6(a)(10)(ii)(A). This rule amends Sec. 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
Sec. 743.7 are incorrect. This rule amends Sec. 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 (i.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.
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) (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))
[[Page 105449]]
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.
Rulemaking Requirements
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:
<bullet> 0694-0088, ``Simplified Network Application Processing
System,'' which carries a burden-hour estimate of 29.6 minutes for a
manual or electronic submission;
<bullet> 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);
<bullet> 0694-0096 ``Five Year Records Retention Period,'' which
carries a burden-hour estimate of less than 1 minute; and
<bullet> 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: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> 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, et seq.) are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 743
Administrative practice and procedure, Exports, Reporting and
recordkeeping.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
0
Accordingly, parts 742, 743, and 774 of the EAR (15 CFR parts 730
through 774) are corrected by making the following correcting
amendments:
PART 742--CONTROL POLICY--CCL BASED CONTROLS
0
1. The authority citation for part 742 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.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 1, 2023, 88 FR 75475 (November 3,
2023).
0
2. Section 742.4 is amended by:
0
a. Removing the phase ``general order no. 4'' and adding in its place
``general order no. 6'' in paragraph (a)(5)(ii)(A); and
0
b. Revising paragraph (a)(5)(ii)(B)(1).
The revision reads as follows:
Sec. 742.4 National security.
* * * * *
(a) * * *
(5) * * *
(ii) * * *
(B) * * *
(1) Limited exclusion. There is a limited deemed export or deemed
reexport exclusion from the license requirements in paragraph (a)(5)(i)
of this section for the following ``software'' or ``technology'' ECCNs
unless for foreign persons whose most recent citizenship or permanent
residency is a destination specified in Country Group D:1 or D:5: ECCNs
2D910; 2E910; 3D001 (``software'' for ``EUV'' masks and reticles in
ECCN 3B001.q); 3D901 (for ``software'' for quantum items in ECCNs
3A901.b and 3B904 and for scanning electron microscopes (SEM) in ECCN
3B903); 3D907 ``software'' designed to extract ``GDSII'' or equivalent
data; 3E001 (``technology'' for ``EUV'' masks and reticles in ECCN
3B001.q); and 3E901 (for ``technology'' for quantum items in 3A901,
3A904, 3B904, 3C907, 3C908, and 3C909, and for SEMs in ECCN 3B903);
3E905 (``technology'' according to the General Technology Note for the
``development'' or ``production'' of integrated circuits or devices,
using ``Gate all-around Field-Effect Transistor'' (``GAAFET'')
structures); 4D906 ``software'' (for quantum items in 4A906), and 4E906
``technology'' (for quantum items in ECCNs 4A906 or 4D906).
* * * * *
Sec. 742.6 [Amended]
0
3. Section 742.6 is amended by removing the phase ``general order no.
4'' and adding in its place ``general order no. 6'' in paragraph
(a)(10)(ii)(A).
PART 743--SPECIAL REPORTING AND NOTIFICATION
0
4. The authority citation for part 743 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.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; 78 FR
16129.
Sec. 743.7 [Amended]
0
5. Section 743.7 is amended by:
0
a. Redesignating paragraphs (c)(1)(A) through (C) as paragraphs
(c)(1)(i) through (iii); and
0
b. Redesignating paragraphs (c)(2)(A) through (D) as paragraphs
(c)(2)(i) through (iv).
[[Page 105450]]
PART 774--THE COMMERCE CONTROL LIST
0
6. 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
7. Supplement no. 1 to part 774 is amended by revising ECCNs 2B910 and
3C908 to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
2B910 Additive manufacturing equipment, designed to produce metal or
metal alloy components, having all of the following (see List of
Items Controlled), and ``specially designed'' ``components''
therefor.
License Requirements
Reason for Control: NS, RS, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry................ Worldwide control.
See Sec. 742.4(a)(5) and
(b)(10) of the EAR.
RS applies to entire entry................ Worldwide control.
See Sec. 742.6(a)(10) and
(b)(11) of the EAR.
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
IEC: Yes, see Sec. 740.2(a)(22) and Sec. 740.24 of the EAR.
Special Conditions for STA
STA: License Exception STA may not be used to ship any item in
this ECCN to any of the destinations listed in Country Group A:5 or
A:6 (See Supplement No.1 to part 740 of the EAR).
List of Items Controlled
Related Controls: For related ``technology'' see ECCN 2E910.
Related Definitions: N/A
Items:
a. Having at least one of the following consolidation sources:
a.1. ``Laser'';
a.2. Electron beam; or
a.3. Electric arc;
b. Having a controlled process atmosphere of any of the
following:
b.1. Inert gas; or
b.2. Vacuum (equal to or less than 100 Pa);
c. Having any of the following `in-process monitoring' equipment
in a `co-axial configuration' or `paraxial configuration':
c.1. Imaging camera with a peak response in the wavelength range
exceeding 380 nm but not exceeding 14,000 nm;
c.2. Pyrometer designed to measure temperatures greater than
1,273.15K (1,000 [deg]C); or
c.3. Radiometer or spectrometer with a peak response in the
wavelength range exceeding 380 nm but not exceeding 3,000 nm; and
d. A closed loop control system designed to modify the
consolidation source parameters, build path, or equipment settings
during the build cycle in response to feedback from `in-process
monitoring' equipment specified in 2B910.c.
Technical Notes:
For the purposes of 2B910:
1. `In-process monitoring', also known as in-situ process
monitoring, pertains to the observation and measurement of the
additive manufacturing process including electromagnetic, or
thermal, emissions from the melt pool.
2. `Co-axial configuration', also known as on-axis or inline
configuration, pertains to one or more sensors that are mounted in
an optical path shared by the ``laser'' consolidation source.
3. `Paraxial configuration' pertains to one or more sensors that
are physically mounted onto or integrated into the ``laser'',
electron beam, or electric arc consolidation source component.
4. For both `co-axial configuration' and `paraxial
configuration', the field of view of the sensor(s) is fixed to the
moving reference frame of the consolidation source and moves in the
same scan trajectories of the consolidation source throughout the
build process.
* * * * *
3C908 Fluorides, hydrides, chlorides, of silicon or germanium,
containing any of the following (See List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry................ Worldwide control.
See Sec. 742.4(a)(5) and
(b)(10) of the EAR.
RS applies to entire entry................ Worldwide control.
See Sec. 742.6(a)(10) and
(b)(11) of the EAR.
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
IEC: Yes, see Sec. 740.2(a)(22) and Sec. 740.24 of the EAR.
Special Conditions for STA
STA: License Exception STA may not be used to ship any item in this
ECCN to any of the destinations listed in Country Group A:5 or A:6
(See Supplement No. 1 to part 740 of the EAR).
List of Items Controlled
Related Controls: See ECCN 3E901 for related technology controls for
the ``development'' or ``production'' of this ECCN.
Related Definitions: N/A
Items:
a. Silicon having an isotopic impurity less than 0.08% of
silicon isotopes other than silicon-28 or silicon-30; or
b. Germanium having an isotopic impurity less than 0.08% of
germanium isotopes other than germanium-70, germanium-72, germanium-
74, or germanium-76.
* * * * *
Matthew S. Borman,
Principal Deputy Assistant Secretary for Strategic Trade and Economic
Security.
[FR Doc. 2024-30723 Filed 12-26-24; 8:45 am]
BILLING CODE 3510-33-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 27, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.