[Federal Register Volume 73, Number 173 (Friday, September 5, 2008)]
[Rules and Regulations]
[Pages 51718-51719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20585]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 080211156-8157-01]
RIN 0694-AE24


Clarification of the Classification of Crew Protection Kits on 
the Commerce Control List

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the 
Export Administration Regulations (EAR) to clarify that crew protection 
kits used as protective cabs on construction equipment are on the 
Wassenaar Arrangement Munitions List and are correctly classified on 
the Commerce Control List in the entry that applies to construction 
equipment built to military specifications.

DATES: Effective date is September 5, 2008.

ADDRESSES: You may submit comments, identified by RIN 0694-AE24, by any 
of the following methods:
     E-mail: [email protected]. Include ``RIN 0694-AE24'' in the 
subject line of the message.
     Fax: 202-482-3355.
     Hand Delivery/Courier: U.S. Department of Commerce, Bureau 
of Industry and Security, Regulatory Policy Division, 14th & 
Pennsylvania Avenue, NW., Room 2705, Washington, DC 20230, ATTN: RIN 
0694-AE24.

FOR FURTHER INFORMATION CONTACT: Gene Christiansen, Office of National 
Security and Technology Transfer Controls, telephone: (202) 482-2984.

SUPPLEMENTARY INFORMATION:
    BIS is amending the Export Administration Regulations (EAR) to add 
the phrase ``crew protection kits'' to Export Control Classification 
Number (ECCN) 0A018.a. This ECCN is used to control items that are 
listed on the Wassenaar Arrangement Munitions List (WAML). 
Specifically, the WAML category ML-17.b lists construction equipment 
``specially designed for military use.'' On the Commerce Control List 
(CCL), ECCN 0A018.a controls items listed in category ML-17.b as 
``construction equipment built to military specifications.''
    Recently, the Departments of Commerce, State, and Defense reviewed 
ECCN 0A018.a and concluded that although crew protection kits are 
covered by the phrase ``[c]onstruction equipment built to military 
specifications * * * and specially designed parts and accessories 
therefor'' as set forth in that ECCN, it would enhance the ECCN's 
clarity if crew protection kits were added explicitly to the ECCN's 
text. Crew protection kits are items that can be used as protective 
cabs on construction equipment to help protect crews operating in a 
military or otherwise hostile environment. To facilitate public 
understanding that crew protection kits are considered construction 
equipment built to military specifications, the Departments of 
Commerce, State, and Defense agreed to include specific reference to 
these kits in the descriptive text of ECCN 0A018.a.
    Therefore, this regulation amends ECCN 0A018.a to include crew 
protection kits in the descriptive language of that paragraph. 
Moreover, this regulation makes slight changes to the language of ECCN 
0A018.a to further clarify that the items listed are all considered to 
be construction equipment built to military specifications, and thus 
are all controlled by that ECCN. These changes do not create new export 
controls for crew protection kits.
    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 July 23, 2008, 
73 FR 43603 (July 25, 2008), has continued the Export Administration 
Regulations in effect under the International Emergency Economic Powers 
Act.

Rulemaking Requirements

    1. This rule has been determined to be not significant for purposes 
of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to nor be subject to a penalty for failure to 
comply with a collection of information, subject to the requirements of 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid Office 
of Management and Budget (OMB) Control Number. This regulation contains 
a collection previously approved by the OMB under control numbers 0694-
0088, ``Multi-Purpose Application,'' which carries a burden hour 
estimate of 58 minutes to prepare and submit form BIS-748. 
Miscellaneous and recordkeeping activities account for 12 minutes per 
submission. BIS expects that this rule will not change that burden hour 
estimate.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to 5 U.S.C. 553(a)(1), the provisions of the 
Administrative Procedure Act requiring a notice of proposed rulemaking 
and the opportunity for public comment are waived, because this 
regulation involves a military or foreign affairs function of the 
United States. No other law requires that a notice of proposed 
rulemaking and an opportunity for public comment be given for this 
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. Therefore, this regulation is issued in final form. 
Although there is no formal comment period, public comments on this 
regulation are welcome on a continuing basis. Comments should be 
submitted via courier or via hand delivery to

[[Page 51719]]

Steven Emme, Regulatory Policy Division, Bureau of Industry and 
Security, Department of Commerce, 14th and Pennsylvania Ave., NW., Room 
2705, Washington, DC 20230.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
For the reasons set forth in the preamble, the Export Administration 
Regulations (15 CFR 730-774) are amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 is revised 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; 46 U.S.C. app. 466c; 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 July 23, 2008, 73 FR 43603 (July 25, 2008).


0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], ECCN 0A018 is amended by revising ``Items'' 
paragraph a. in the List of Items Controlled section to read as 
follows:

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

* * * * *

Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items]

* * * * *

0A018 Items on the Wassenaar Munitions List

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Construction equipment built to military specifications, 
including equipment specially designed for airborne transport; and 
specially designed parts and accessories for such construction 
equipment, including crew protection kits used as protective cabs;
* * * * *

    Dated: August 29, 2008.
Christopher R. Wall,
Assistant Secretary for Export Administration.
[FR Doc. E8-20585 Filed 9-4-08; 8:45 am]
BILLING CODE 3510-33-P