Response: BIS is taking these steps. No revision to the EAR is needed to do so.
Comments Concerning Proposed ECCNs 4A611, 5A611 and 6A611
Proposed ECCNs 4A611, 5A611 and 6A611 refer readers to ECCN 3A611. They are included to alert readers that military computers, military telecommunications equipment and military radars would be controlled by ECCN 3A611, a structure more similar to that of the USML, which controls all three in Category XI, than that of the CCL, which controls computers in Category 4, telecommunications equipment in Category 5, and radars in Category 6.
Comment: Commenters expressed a belief that following the USML pattern would make classification more difficult than would following the CCL pattern.
Response: This proposed rule republishes those three cross-reference ECCNs along with a fourth one: ECCN 7A613, which refers readers to 3A611 for military avionics and navigation items. BIS continues to seek comments on which pattern would be easier to understand and comply with. One pattern would create substantive ECCNs in five CCL Categories--Category 4 (computers), Category 5 (telecommunications), Category 6 (sensors and lasers), Category 7 (avionics), and Category 3 (all other military electronics not described on the USML). The other pattern would place all substantive control text for military electronics in Category 3 with cross references to Category 3 in Categories 4, 5, 6 and 7. The advantage of breaking the different types out among the categories is that they would be described in more detail and in the CCL categories that control similar dual-use items. The disadvantage would be that 20 new substantive 600 series ECCNs would need to be created that all contain essentially contain the same descriptions as compared to 4 new substantive and four cross reference ECCNs that would be required by the second alternative.
Comment: A commenter requested a six-month grace period to implement the changes that would be required by the proposed rule.
Response: BIS plans to make the final rule adding to the CCL military electronic systems the President determines no longer warrant control under the USML effective 180 days after publication.
Comment: One commenter noted that the EAR contain no definition of "avionics," making the decision to classify an item under Category 7--Navigation and Avionics or Category 9--Aerospace and Propulsion, difficult. The commenter stated as an example that a control panel for anti-ice bleed air valves might belong under either Category 7 or Category 9, depending on whether it contains a digital circuit even though the function performed is the same.
Response: BIS is making no changes to this proposed rule in response to this comment, because it is outside the scope of the
Comment: One commenter stated the policy implications of the phrase, "parts and components n.e.s. in ECCNs 7A994 and 9A991.d," are unclear with the addition of the proposed definition of "specially designed." The commenter noted that neither ECCN uses the term "specially designed," and stated that the ECCNs have never been understood to control EAR99 items common to non-aircraft applications.
Response: BIS is making no changes to this proposed rule in response to this comment because it is outside the scope of the
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