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Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 0A505.c, because the level of control for 1A984 items is higher than the level of control for 0A505.c items. Therefore, this rule moves the shotguns shells from 1A984 to 0A505.b where they will continue to be controlled at the same level.
This final rule revises ECCN 0A505.d to add a reference to 0A502 to clarify that the blank ammunition controlled under 0A505.d includes blank ammunition for items controlled under 0A502, provided the ammunition is also not enumerated in USML Category III.
This final rule also revises ECCN
0A505.d to add a technical note to clarify that marking rounds that have paint or dye as the projectile are controlled under 0A505.d. As noted above, this rule also added a Related Definition for marking rounds; the new definition and this new technical note to 0A505.d will enhance understanding of the controls under 0A505 for marking rounds.
This final rule revises ECCN 0A505.x to remove the reference to paragraph .d.
The reference is redundant to the phrase or the CCL, which includes 0A505.d.
This final rule redesignates Note 2 to 0A505.x, Note 3 to 0A505.x, and Note 4 0A505 as Note 1 to 0A505.x, Note 2
to 0A505.x and Note 3 to 0A505, respectively, as conforming changes to the removal of Note 1 to 0A505.c.
This final rule revises newly redesignated Note 1 to 0A505.x prior to this rule designated as Note 2 to 0A505.x, to include, at the end of the note, the term frangible projectiles after the phrase copper projectiles. This change will clarify that the parts and components under 0A505.x include frangible projectiles. Frangible projectiles are not made from a lead projectile covered with a copper jacket, but rather are produced with composite materials of tungsten, copper, or tin utilizing an injection molding or powder metallurgical production process.
This final rule revises newly redesignated Note 3 to 0A505 prior to this rule designated as Note 4 to 0A505, by removing the word lead from the term lead shot and adding in its place the word metal. This clarification to the control parameter addresses the fact that steel and bismuth shot are also used for hunting loads, so the control parameter should not be limited to lead as the only material. The use of the term metal shot instead of lead shot will clarify that other types of shot are also within the control parameter, as was intended by the Commerce January 23
rule. This final rule also revises the newly redesignated Note 3 to 0A505 to
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remove the term blank and adds in its place the correct term drill.
This final rule adds a new Note 4 to ECCN 0A505 to clarify the items paragraph under which shotgun shells that contain two or more balls/shot larger than .24-inch are controlled. This note clarifies that such shotgun shells are controlled under 0A505.b.
In ECCN 0B501, this final rule clarifies the control text of ECCN
0B501.d by deleting the word spill in the phrase spill boring. This final rule also adds the term reaming before the term machines. These changes do not change the intended scope of control.
These changes are made for clarity and for consistency with BIS issued classifications for these types of machines.
In ECCN 0E505, this final rule makes a correction to the text in the RS Control paragraph in the License Requirements section. The phrase entire entry except was inadvertently included in the RS
Control paragraph in the Commerce January 23 rule, which created confusion regarding the intended scope of the RS license requirement. This final rule removes the unintended phrase entire entry except from the RS license requirement to clarify the scope of the RS license requirement under ECCN
0E505.
In ECCN 1A984, this final rule revises the heading of 1A984 to remove the phrase unless the shotgun shells contain only chemical irritant in the parenthetical phrase that follows the phrase and other pyrotechnic articles.
This final rule moves shotgun shells that contain only chemical irritants to ECCN 0A505.b, as described above under the description of changes of 0A505.b.
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. Sections 48014852. ECRA
provides the legal basis for BISs principal authorities and serves as the authority under which BIS issues this rule.
Rulemaking Requirements 1. Executive Orders 13563 and 12866
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts, and
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equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule has been determined to be significant for purposes of 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 OMB control number.
This final regulation involves one collection currently approved by OMB
under this collection and control number: The U.S. Census Bureau collection for the Automated Export System AES Program control number 06070152. This final rule will also affect the information collection under control number 06070152, for filing EEI in AES because of one change this final rule makes to part 758 of the EAR.
This rule revises 758.1g4ii to shorten the information that is required to be included when relying on the alternative method for identifying end item firearms by items level classification or other control descriptor in the EEI filing in AES to make it easier to fit this identifying information in the Commodity description block in the EEI
filing in AES. This change is not anticipated to result in a change in the burden under this collection.
Any comments regarding these collections of information, including suggestions for reducing the burden, may be submitted online at https
www.reginfo.gov/public/do/PRAMain.
Find the particular information collection by using the search function and entering 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 the Export Control Reform Act of 2018 50
U.S.C. 48014852, this action is exempt from the Administrative Procedure Act 5 U.S.C. 553 requirements for notice of proposed rulemaking, opportunity for public participation, and delay in effective date.
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
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