[Federal Register Volume 89, Number 90 (Wednesday, May 8, 2024)]
[Rules and Regulations]
[Pages 38837-38838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10079]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 89, No. 90 / Wednesday, May 8, 2024 / Rules
and Regulations
[[Page 38837]]
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 738
[Docket No. 240503-0126]
RIN 0694-AJ58
Export Control Revisions for Australia, United Kingdom, United
States (AUKUS) Enhanced Trilateral Security Partnership; Correction
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Correcting amendment.
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SUMMARY: On April 19, 2024, BIS published in the Federal Register an
interim final rule (IFR), ``Export Control Revisions for Australia,
United Kingdom, United States (AUKUS) Enhanced Trilateral Security
Partnership.'' The April 19 IFR removed license requirements, expanded
the availability of license exceptions, and reduced the scope of end-
use and end-user-based license requirements for exports, reexports, and
transfers (in-country) to or within Australia and the United Kingdom
(UK) to enhance technological innovation among the three countries and
support the goals of the AUKUS Trilateral Security Partnership. This
correction revises a footnote included in the April 19 IFR to add
greater specificity for the Export Control Classification Numbers
(ECCN) referenced, so only portions of those 0x5zz ECCNs in the
footnote that were previously controlled for national security column 1
(NS1) or regional stability column 1 (RS1) reasons for control for the
destinations of Australia and the United Kingdom will continue to
require a license to Australia and the United Kingdom based on the
license requirements specified in this footnote.
DATES:
Effective date: This rule is effective May 6, 2024.
Comment due date: Comments for the correction in this rule must be
received by BIS no later than June 3, 2024.
ADDRESSES: Comments on this rule may be submitted to the Federal
rulemaking portal (www.regulations.gov). The regulations.gov ID for
this rule is: BIS-2024-0019. Please refer to RIN 0694-AJ58 in all
comments.
FOR FURTHER INFORMATION CONTACT: For questions on this rule, contact
Philip Johnson at [email protected] or (202) 482-2440.
SUPPLEMENTARY INFORMATION:
Background
On April 19, 2024, BIS published in the Federal Register the
interim final rule (IFR), ``Export Control Revisions for Australia,
United Kingdom, United States (AUKUS) Enhanced Trilateral Security
Partnership'' (89 FR 28594). This correction makes corrections to
footnote 9 of the April IFR for the entries for Australia and the UK,
for consistency with the description of the regulatory changes included
in the April 19 IFR.
BIS noted in the April 19 IFR that one particular license
requirement remained unchanged as a result of that rule. Under the EAR,
firearms-related items and other CC controlled items in ECCNs 0A501
(except 0A501.y), 0A502, 0A503, 0A504, 0A505.a, .b, and .x, 0A981,
0A982, 0A983, 0D501, 0D505, 0E501, 0E502, 0E504, 0E505, and 0E982
continue to require a license when destined to and among the UK and
Australia. That license requirement mirrors the license requirement for
firearms-related items in ECCNs 0A501 (except 0A501.y), 0A502, 0A504
(except 0A504.f), and 0A505 (except 0A505.d) destined to Canada.
Prior to the April 19 IFR, license requirements for these items to
the UK and Australia were implemented through NS1/RS1 reasons for
control. Since these license requirements were removed for the UK and
Australia in the April 19 IFR, that IFR also added a footnote 9 to the
Commerce Country Chart for the UK and Australia, which indicated that a
license is still required for these 0x5zz firearms-related items to
those two countries. The April 19 IFR specified that the license
requirement specified in footnote 9 did not change the scope of the
license requirements for these items to the UK and Australia that
applied prior to the effective date of that IFR.
Corrections
This correction revises footnote 9 to the Commerce Country Chart in
supplement no. 1 to part 738, which was added in the April 19 IFR, so
that only those portions of 0x5zz ECCNs referenced in footnote 9 that
were previously controlled for NS1 or RS1 reasons for control for the
destinations of Australia and the UK will continue to require a license
to Australia and the UK based on the license requirement specified in
this revised footnote.
In the Commerce Country Chart, this correction revises six of the
ECCNs (0A502, 0A504, 0A505, 0D501, 0D505, and 0E505) and removes one
ECCN (0E502) referenced in footnote 9. This greater specificity for the
portions of the ECCNs referenced in footnote 9 is needed to ensure that
the license requirement specified in footnote 9 does not change the
scope of the license requirements for these items to the UK and
Australia that applied prior to the effective date of the April 19 IFR.
This correction makes the following corrections to the ECCNs referenced
in footnote 9:
ECCN 0A502. For the reference for 0A502, this correction specifies
that the license requirement in footnote 9 is limited to 0A502 for
shotguns with a barrel length less than 18 inches (45.72 cm).
ECCN 0A504. For the reference for 0A504, this correction specifies
that the license requirement in footnote 9 is limited to 0A504.i
commodities.
ECCN 0A505. For the reference for 0A505, this correction removes
the reference to 0A505.b because the license requirement under footnote
9 only extends to 0A505.a and .x.
ECCN 0D501. For the reference for 0D501, this correction adds the
parenthetical phrase ``(except ``software'' for commodities in ECCN
0A501.y or ``equipment'' in ECCN 0B501 for commodities in ECCN
0A501.y)'' to specify that this ``software'' or ``equipment'' does not
require a license under footnote 9.
ECCN 0D505. For the reference for 0D505, this correction specifies
that the license requirement in footnote 9 for 0D505 is limited to
``software'' for commodities in ECCN 0A505.a and .x and ``equipment''
in ECCN 0B505.a .and .x.
[[Page 38838]]
ECCN 0E502. For the reference for 0E502, this correction removes
this ECCN from footnote 9 because none of the technology under this
ECCN formerly required a license to Australia or the United Kingdom for
NS1 or RS1 reasons for control.
ECCN 0E505. For the reference for 0E505, this correction specifies
that the license requirement in footnote 9 for 0E505 is limited to
``technology'' for ``development,'' ``production,'' operation,
installation, maintenance, repair, overhaul, or refurbishing
commodities in 0A505.a and .x; for ``equipment'' for those commodities
in 0B505; and for ``software'' for that equipment and those commodities
in 0D505.
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, as amended, provides the legal basis for BIS's principal
authorities and serves as the authority under which BIS issues this
rule.
Rulemaking Requirements
1. This correction has not been designated a ``significant
regulatory action'' 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.
3. This rule does not contain policies with federalism implications
as that term is defined under 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. Additionally, this rule is
exempt from the ordinary rulemaking requirements of the APA pursuant to
5 U.S.C. 553(a)(1) as a military or foreign affairs function of the
United States Government.
5. Because neither the APA nor any other law requires that notice
of proposed rulemaking and an opportunity for public comment be given
for this rule, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly,
no Final Regulatory Flexibility Analysis is required and none has been
prepared.
List of Subjects in 15 CFR Part 738
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
Accordingly, part 738 of the Export Administration Regulations (15
CFR parts 730 through 774) is amended as follows:
PART 738--COMMERCE CONTROL LIST OVERVIEW AND THE COUNTRY CHART
0
1. The authority citation for 15 CFR part 738 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. 2151 note; 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. In supplement no. 1 to part 738, revise footnote 9 to read as
follows:
Supplement No. 1 to Part 738--Commerce Country Chart
* * * * *
\9\ A license is required to these destinations for items in the
following ECCNs: 0A501 (except 0A501.y), 0A502 for shotguns with a
barrel length less than 18 inches (45.72 cm), 0A503, 0A504.i,
0A505.a, and .x, 0D501 (except ``software'' for commodities in ECCN
0A501.y or ``equipment'' in ECCN 0B501 for commodities in ECCN
0A501.y), 0D505 for ``software'' for commodities in ECCN 0A505.a and
.x and ``equipment'' in ECCN 0B505.a .and .x, 0E501, 0E504, and
0E505 for ``technology'' for ``development,'' ``production,''
operation, installation, maintenance, repair, overhaul, or
refurbishing commodities in 0A505.a and .x; for ``equipment'' for
those commodities in 0B505; and for ``software'' for that
``equipment'' and those commodities in 0D505.
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-10079 Filed 5-6-24; 8:45 am]
BILLING CODE 3510-33-P