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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations
semi-automatic firearms described in 0A501 includes those chambered for the Browning Machine Gun BMG
cartridge.
This final rule revises 0A501.c to add the term striker after the term hammers in two places to indicate that the term is synonymous for purposes of this control parameter.
This final rule adds a new Technical Note to 0A501.c to clarify that barrel blanks that have reached a stage in manufacturing in which they are either chambered or rifled are controlled by 0A501.c.
This final rule revises 0A501.d to remove the phrase greater than 16
rounds and add in its place the phrase 17 to 50 rounds for clarity.
This final rule revises Note 2 to 0A501.d to add a cross reference to the USML to specify that magazines with a capacity greater than 50 rounds are controlled under USML Category I.
This final rule adds a new Note 3 to 0A501.e. This note clarifies that the term frames receivers as used under 0A501.e refers to any part or component of the firearm that has or normally has a serial number when required by law. This new note also clarifies that the scope of 0A501.e for frames receivers is synonymous with a part or component that ATF
regulates as a firearm.
This final rule revises ECCN
0A501.y.1 by adding a parenthetical phrase after the term stocks to clarify that stocks include adjustable, collapsible, blades and braces. This final rule also adds the terms handguards and forends to ECCN 0A501.y.1 to clarify that stocks also include the handguard and the forend. Both of these amendments to ECCN 0A501.y.1 are clarifications, not additions to the parameters of the items controlled under the entry. As a conforming change to the addition of striker to ECCN 0A501.c, this final rule adds the term striker after the term hammers in the parenthetical phrase for the exclusions from 0A501.y.1.
This final rule removes and reserves ECCN 0A501.y.2 to .y.5. This change is made because the vast majority of items that would otherwise meet the control parameters under 0A501.y.2 to y.5 were subject to the EAR prior to March 9, 2020 the effective date of the Commerce January 23 rule and are designated as EAR99 on the basis of paragraph b1 of specially designed.
Based on BIS official classifications since January 23, 2020, no additional commodities have been identified that would warrant keeping these commodities in 0A501.y. Therefore, the items that are controlled under ECCN

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0A501.y.2 to y.5 are those commodities that meet the control parameters and were moved to the EAR on March 9, 2020. However, the items identified as being classified under 0A501.y.2 to y.5
since January 23, 2020 have not substantively differed from the other items that were previously subject to the EAR and designated as EAR99. In addition, trying to keep track of which commodities are designated EAR99 and which are controlled in 0A501.y.2 to y.5
has created unneeded burdens on industry and the U.S. Government, so it is warranted to remove these .y paragraphs and treat these commodities all as EAR99.
This final rule adds a Technical note 2 to 0A501 to specify that for purposes of 0A501.e, receivers incorporating any other controlled part or component, such as a barrel under 0A501.c, remain controlled under 0A501.e. BIS has received questions from the public on the applicability of 0A501.e when a receiver incorporates a part or component from one of the items captured under other 0A501 paragraphs.
This new Technical Note 2 to 0A501
will make the relationship between the different items under 0A501 clear.
This final rule revises Note 3 to 0A501 to redesignate the note as Note 4
to 0A501 and to add the word and between the terms muzzle loading and black powder. This clarification is made because some muzzle loaders use black powder and some muzzle loaders use smokeless powder, and both are subject to the guidance in the Note.
The final rule in Note 4 to 0A501
redesignates the note as Note 5 to 0A501
and replaces the phrase later than with the word post for clarity. In addition, this final rule adds the word and between the terms muzzle loading and black powder because, as noted above, some muzzle loaders use black powder and some muzzle loaders use smokeless powder, and both are subject to the guidance in the Note.
This final rule adds a new Note 6 to 0A501, as a conforming change to the removal of ECCN 0A501.y.2 to .y.5, to specify these parts and components previously controlled under 0A501.y.2
to y.5 are designated as EAR99. This note also eliminates the confusion regarding whether these parts or components are specially designed for purposes of 0A501.x.
This final rule adds a Note 7 to 0A501
to clarify how kits of commodities that contain parts and components with different classifications under 0A501
should be classified. This note clarifies that the kit should be classified based on the classification of the most restrictive part or component
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included in the kit. This guidance is based on existing BIS classification practice, but adding the new Note 7 to 0A501 will make this clear and hopefully reduce the number of questions that BIS receives specific to this issue. Note 7 to 0A501 also clarifies that a complete firearm disassembled in kit form is controlled as a firearm.
In ECCN 0A505, this final rule makes nine changes to the control text for clarity. These changes include adding additional notes, technical notes, or otherwise clarifying or adding text, e.g., adding a new related definition, to make the control parameters easier to understand and interpreted consistently. These corrections and clarifications to 0A505 are as follows:
This final rule adds an ECCN-specific definition of marking rounds in the Definitions paragraph in the List of Items Controlled section of ECCN
0A505. This definition clarifies that marking rounds are non-lethal. The definition also clarifies what marking rounds are typically used for and the types of materials used in marking rounds.
This final rule revises ECCN 0A505.b to add the phrase any material to the end of the parenthetical phrase that provides technical parameters for the types of buckshot controlled. The inclusion of the phrase any material will clarify that 0A505.b controls plastic and rubber as well as metal buckshot that meet the control criteria, including the rubber/plastic less lethal buckshot rounds used by law enforcement. Also in 0A505.b, this final rule adds shotgun shells that contain only, or are for the dispersion of, chemical irritants to paragraph .b to clarify that such shells are controlled with buckshot shotgun shells under paragraph .b. This final rule removes shotgun shells containing only chemical irritants from ECCN
1A984 as described further below and adds them to 0A505.b where they will be controlled for crime control CC
Column 1, and United Nations UN
reasons for control. Because of the controls required on shotgun shells containing only chemical irritants, it is more appropriate to control them under 0A505.b, where they will have the same level of control as they did under 1A984, than under 0A505.c.
This final rule removes Note 1 to ECCN 0A505.c. Note 1 is no longer needed because the shotguns shells previously controlled under 1A984 are being moved by this final rule to 0A505.b, eliminating the need for a cross reference to 1A984 in 0A505.c. As 0A505.c is controlled for UN and AT
reasons only, it was not appropriate to move the shotgun shells from 1A984 to
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