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lotter on DSK11XQN23PROD with RULES1

Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations sentence applies to all of paragraph b, and so needed to be placed in the introductory text of paragraph b instead of paragraph b1 to clarify the scope of its application.
In 742.17 Exports of firearms to OAS member countries, this final rule revises the cross reference to 748.12d4 by updating that to reference paragraph d3 instead of d4. Paragraph d4 does not exist and paragraph d3 is what is intended in the described cross reference to 748.12.
In 743.4 Conventional arms reporting, this final rule removes the penultimate sentence of paragraph a.
This final rule removes this sentence to conform with the clarification made to 758.1g4ii that this requirement only applies when a filer is following the alternative submission method for conventional arms reporting.
In 743.4, this final rule revises the second sentence of paragraph h to remove the phrase six character ECCN
classification i.e., 0A501.a or 0A501.b and adds in its place the phrase items paragraph classification i.e., .a, or .b for ECCN 0A501. This change is made to conform with the change made to 758.1g4ii to reduce the number of characters to be included in the Commodity description block to identify ECCN 0A501.a or .b firearms under the alternative submission method under paragraph h.
In 748.12 Firearms import certificate or import permit, this final rule revises paragraph b1 by removing the reference to supplement no. 6 to part 748. Previously, the second parenthetical phrase in paragraph b1
caused confusion for some exporters by incorrectly referencing supplement no.
6, which is reserved. To avoid this confusion, this final rule clarifies 748.12b1 by removing the parenthetical phrase that refers to supplement no. 6 to part 748. As an additional conforming change, in supplement no. 6 to part 748, this final rule revises the supplement to remove the heading and bracketed text to avoid confusion for some exporters. This change is made to supplement no. 6 to part 748 because the heading and bracketed text is unnecessary for a reserved supplement. However, because part 748 includes supplement nos. 7 to 9, this final rule continues to reserve supplement no. 6, as a placeholder for future use.
In 748.12d Procedures for using document with license application, this final rule revises paragraph d3 to add a new Note 2. New Note 2 clarifies that license applications for exports and reexports to an Organization of
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American States OAS member country must include the initial Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and other Related Materials Firearms Convention FC Import Certificate.
This note also clarifies that all BIS
licenses for ECCNs 0A501 and 0A505
commodities will include a standard rider that requires that the applicant/
exporter have a current FC Import Certificate on file prior to export. The note clarifies that while FC Import Certificates are usually valid for 1 year, BIS licenses are valid for 4 years. This clarification addresses a common question that BIS has received regarding the validity period of FC Import Certificates as compared to the validity period of BIS licenses. This note clarifies that it is the responsibility of the exporter to have a current copy of the FC import certificate prior to making an export under the authorization of the license.
Also in 748.12e Requirement to obtain an import certificate or permit for other than OAS member states, this final rule adds a new Note 3 to paragraph e3. New Note 3 clarifies the requirements for BIS license applications for ECCNs 0A501 and 0A505 commodities when the license application is not for exports to an OAS
country. Note 3 clarifies that license applicants for exports and reexports to countries requiring that a governmentissued certificate or permit be obtained prior to importing the commodity must have the initial government-issued certificate or permit prior to any export under BIS license. Note 3, similar to Note 2, notes the usual, shorter validity periods of government-issued certificate or permit compared to the four year validity period of BIS licenses and clarifies that the applicant/exporter must have a current government-issued certificate or permit on file prior to export under the license. The rider included on these licenses also addresses the scenario where if subsequently a foreign government decides a government issued certificate or permit is required, the existing license would already take that into account and require the exporter or reexporter to obtain the governmentissued certificate or permit prior to making the export or reexport. Lastly, as a conforming change, this final rule redesignates Note 2 to paragraph e as Note 4 to paragraph e.
In 758.1 The electronic export information EEI filing to the automated export system AES, this final rule revises paragraph g4ii Identifying end item firearms by items level
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classification or other control descriptor in the EEI filing in AES, to make two clarifications. The first change clarifies that the requirement in paragraph g4ii is only applicable when an exporter will use the alternative submission method under 743.4h for conventional arms reporting. BIS is making this change in response to questions from the public asking for clarification because they prefer using the standard method under 743.4h or, as a result of how their software systems are set up for filing EEI in AES, that meeting the requirement under paragraph g4ii is not possible. This clarification will make it clear that when relying on the standard method, this additional EEI filing requirement in AES is not applicable. The second clarification that BIS makes is to shorten the text required in the commodity description block in the EEI filing in AES. Instead of requiring the six character ECCN classification i.e., 0A501.a or 0A501.b, or, for shotguns controlled under 0A502, the phrase 0A502 barrel length less than 18
inches, filers will now be required, when relying on the alternative submission method, to insert .a or .b for 0A501, or SB instead of 0A502
barrel length less than 18 inches in the commodity description block in the EEI
filing in AES. This change is possible because the ECCN is already included in another block in the EEI filing in AES.
BIS can therefore shorten the required text, which will assist filers by eliminating problems related to the limited number of characters allowed in the commodity description block, while continuing to allow BIS to identify the items as firearms and shotguns in the AES data.
In ECCN 0A018, this final rule removes the ECCN. No items are currently in this ECCN 0A018, so this change is limited to removing the heading and the cross reference to 0A505 for parts and components for ammunition that, immediately prior to March 9, 2020, were classified under 0A018.b. Because the January 23 rule has been effective for over one year, this cross reference is no longer needed.
In ECCN 0A501, this final rule makes thirteen changes to the control text for clarity. These changes include adding additional notes and technical notes, as well as other clarifications to the text to make the control parameters easier to understand and, therefore, interpreted consistently. These corrections and clarifications to 0A501 are described as follows:
This final rule adds a new Technical Note to 0A501.a. This technical note clarifies that the non-automatic and
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