Creating separate ECCN specific .y paragraphs would allow BIS to tailor the controls most precisely, but would also produce the most complex and lengthy regulations. Control over a commodity designed for a military ground vehicle might provide less visibility into relevant supply chains than would control over that same type of commodity for a submarine or surface vessel of war. A single .y list would make the regulation of insignificant military items shorter and less complex, but likely would contain fewer items than separate .y paragraphs. Such a list would need to be a lowest common denominator list equally relevant to all parts for all types of military end items, from military trucks to advanced submarines. Only those items that do not provide useful visibility into the relevant supply chain for any 600 series ECCN or USML category could be included in such a list. A case-by-case classification process would likely produce the simplest and shortest regulations; it could also tailor .y status to very specific items. However, the classification process likely would be time consuming and, because classifications are not published by BIS, the results would not be as widely distributed as would a list or lists in the EAR. Removing all .y lists completely. This would have the benefit of substantially simplifying and shortening the relevant ECCNs and leaving to one paragraph--the .x paragraphs--the controls over non-enumerated parts, components, accessories, and attachments. The downside to this option would be substantial over-control on insignificant items.
Comment: Some commenters expressed concern about controlling commodities of little or no military significance in 3A611.y. One commenter thought that such items could be controlled in existing ECCNs. Another commenter suggested that paragraph .y might cause confusion with items controlled under other categories, and might increase controls on items already classified as EAR99. One commenter recommended that three specific commodities: Electrical connectors, electrical connector backshells, and waveguides, would be more appropriately controlled in a non-600 series ECCN because of their commercial applications.
Response: Commodities proposed for ECCN 3A611.y are currently controlled in the catch-all paragraph XI(c) on the USML. BIS has not proposed moving any EAR99 items and is proposing to move only items controlled by other than -018 ECCNs or ECCN 0A918 into the 600 series ECCNs. Although commodities with the same or a similar name, e.g., "electric fans," may be controlled under other ECCNs or may be EAR99, the distinguishing factor that makes a commodity subject to 3A611.y is that it is both "`specially designed' for a commodity in ECCN 3A611 and not elsewhere specified in the CCL (revised to read "not elsewhere specified in a 600 series ECCN" in this proposed rule--see explanation below). Items that are specified in a non- 600 series ECCN (other than those ending in "018," all of which are expected to be subsumed into the 600 series in the course of the Export Control Reform Initiative) would not be specifically designed for the military electronic equipment in 3A611. Items that are specially designed need some measure of control and for consistency that control should be in a 600 series. Readers should review the final definition of "specially designed" (cited above) in evaluating paragraph .y in this proposed rule.
Comment: Some commenters recommended adding some commodities to 3A611.y because they believed that the commodities have commercial application or perform the same function in military equipment as they do in commercial applications. The items proposed for addition were:
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