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41078 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations
§ 71.1 [Amended] Other Cruel, Inhuman or Degrading extent to which biometric measuring
■ 2. The incorporation by reference in Treatment or Punishment. BIS is devices, integrated data systems,
14 CFR Part 71.1 of the Federal Aviation publishing this rule as part of an simulators, and communications
Administration Order 7400.9T, Airspace ongoing review of crime control license equipment should be added to the
Designations and Reporting Points, requirements and policy. Commerce Control List; the degree to
signed August 27, 2009, and effective DATES: This rule is effective July 15, which software and technology related
September 15, 2009 is amended as 2010. to commodities on the Commerce
follows: ADDRESSES: Comments on this rule may
Control List should be listed and how
be submitted by e-mail directly to BIS such software and technology should be
Paragraph 6003 Class E Airspace described; and general policy issues
Designated as an Extension to Class C at publiccomments@bis.doc.gov (refer to
Regulatory Identification Number (RIN) such as whether the range of
Surface Areas.
0694–AE42 in the subject line), or on destinations to which crime control
* * * * * license requirements apply should be
paper to the Regulatory Policy Division,
AWP CA, E3 Monterey, CA [Amended] Office of Exporter Services, Bureau of modified.
Monterey Peninsula Airport, CA Industry and Security, Room H2705, Summary of the Comments on the
(Lat. 36°35′13″ N., long. 121°50′35″ W.) U.S. Department of Commerce, 14th Proposed Rule and BIS’s Response to
That airspace extending upward from the Street and Pennsylvania Avenue, NW. Those Comments
surface within 3 miles each side of the 113° Washington, DC 20230. Refer to RIN
bearing of the airport extending from the 5- 0694–AE42 in all comments. BIS received comments from two
mile radius of Monterey Peninsula Airport to commenters, on individual and one
FOR FURTHER INFORMATION CONTACT: Ron
15.7 miles east of the airport. This Class E non-profit organization, on the proposed
Rolfe, Office of Non-proliferation and
airspace area is effective during the specific rule. The comments and BIS’s responses
dates and times established in advance by a Treaty Compliance, Bureau of Industry
are summarized below.
Notice to Airmen. The effective dates and and Security, telephone: 202 482–4563;
times will thereafter be continuously fax: 202 482–4145; e-mail: Comment
published in the Airport/Facility Directory. rrolfe@bis.doc.gov. One commenter welcomed the strong
Issued in Seattle, Washington, on July 1, SUPPLEMENTARY INFORMATION: and unambiguous statement in
2010. § 742.7(d) that the United States
Background
John Warner, considers international norms regarding
Manager, Operations Support Group, Western The Export Administration human rights and the practices of other
Service Center. Regulations (EAR) (15 CFR parts 730– countries that control exports to
[FR Doc. 2010–17249 Filed 7–14–10; 8:45 am]
774) impose license requirements for promote human right when developing
certain exports from the United States U.S. crime control export controls. That
BILLING CODE 4910–13–P
and reexports from other countries for, commenter noted that awareness of the
among other reasons, ‘‘crime control.’’ centrality of human rights in export
The crime control license requirements control policy helps international efforts
DEPARTMENT OF COMMERCE are intended for the ‘‘support of U.S. to reform export control policy and
foreign policy to promote human rights serves as an example to other countries.
Bureau of Industry and Security
throughout the world’’ (15 CFR
742.7(a)). Publication of this rule is part Response
15 CFR Parts 742 and 774
of BIS’s ongoing effort to review and, This final rule retains the proposed
[Docket No. 080721866–0167–02] where appropriate, revise the crime rule language in § 742.7(d). The
control license requirements in the EAR. centrality of human rights in connection
RIN 0694–AE42
As part of that effort, BIS published a with crime control license requirements
Revisions to the Commerce Control notice of inquiry seeking public has been noted in the EAR for many
List To Update and Clarify Crime comments on whether the scope of years.
Control License Requirements items and destinations that are subject
to crime control license requirements Comment
AGENCY: Bureau of Industry and should be changed (73 FR 14769, March One commenter welcomed the use of
Security, Commerce. 19, 2008). After reviewing those the word ‘‘including’’ in § 742.11, which
ACTION: Final Rule. comments, and conducting its own sets license requirements and policy for
internal deliberations, BIS decided to specially designed implements of
SUMMARY: This rule updates and proceed in stages. This final rule is the torture.
clarifies export and reexport license culmination of the first stage, which
requirements on striking weapons, began with the publication of a Response
restraint devices, shotguns and parts, proposed rule (74 FR 40117, August 11, Addition of the word ‘‘including’’ to
optical sighting devices, and electric 2009). This first stage addresses § 742.11 and its related Export Control
shock devices. It also adds equipment relatively simple extensions, Classification Number 0A983 is, as this
designed for the execution of humans to modifications or removals of items commenter noted, intended to clarify
the Commerce Control List. This rule currently on the Commerce Control List the point that the operative factor in
makes no changes to the longstanding or additions to that List of items that determining whether an item is subject
policy of denial of applications to have an easily identified crime control to ECCN 0A983 and § 742.11 is whether
export or reexport specially designed or law enforcement nexus. that item is a specially designed
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implements of torture. The rule BIS plans to publish a subsequent implement of torture. The listed items
provides additional illustrative proposed rule that will identify are examples of such instruments.
examples of such items and adopts a potential expansion of certain Export
definition of torture used in a U.S. Control Classification Numbers as Comment
statute that implements the United suggested in the comments to this One commenter welcomed the
Nations Convention against Torture and proposed rule; whether, and, if so, the addition of the term ‘‘shock sleeves’’ to
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41079
the illustrative list of items ECCN 0A983 Comment to describe use or intended use. The
(Specially Designed Implements of One commenter recommended that phrase ‘‘law enforcement’’ is intended as
Torture) but noted that shock belts are BIS add Canada to the list of part of the descriptions of the items that
not included in the 0A983 illustrative destinations requiring a license under those two ECCNs cover. The phrase
list and that ‘‘stun cuffs’’ are included in ECCN 0A982, stating that the lack of a does not mean that a particular export
the illustrative list for ECCN 0A982 license requirement for Canada poses a or reexport must be for a law
(Law Enforcement Restraint Devices). diversion risk. Another comment stated enforcement purpose or to a law
This commenter stated that shock belts, the same concern regarding ECCN enforcement organization in order for
shock sleeves and stun cuffs pose the 0A985. one of those ECCNs to apply. BIS
same concerns about potential use in believes that no change to the wording
Response of these two ECCNs is needed to make
repressing human rights and suggested
BIS did not propose any changes to this point, because absence of any
that all three should be covered by
the destinations to which a license statement of use or intended use, when
ECCN 0A983 under the collective term read consistently with the general
‘‘body worn electronic restraint/electric would be required for items described
in these ECCNs. In addition, BIS’s pattern of language used in other ECCNs
shock devices.’’ indicates that neither ECCN 0A978 nor
longstanding practice is not to require
Response licenses for export or reexport to Canada 0A982 is tied to a particular end use.
for most items. Currently, BIS does not Comment
In deciding whether to classify an believe that Canada poses a diversion
item as a specially designed implement risk that would justify a departure from One commenter welcomed new ECCN
of torture or as a law enforcement this longstanding practice for these 0A981, which applies to equipment
restraint device, BIS considers whether ECCNs. designed for the execution of human
the item has legitimate law enforcement beings, but recommended that the
uses. In some instances, law Comment wording of the ECCN be made
enforcement authorities must restrain One commenter welcomed the use of illustrative to be consisted with ECCN’s
violent persons and some level of force the word ‘‘including’’ in ECCN 0A978. 0A983 and 0A978. Two commenters
will be needed to do so. Many items noted the absence of the phrase ‘‘and
Response parts and accessories n.e.s’’ in this
have potential to be used in abusing
As noted by this commenter, that ECCN. One commenter expressed a
human rights; however not all of those
word makes the list illustrative. The belief that such absence weakened the
items are specially designed implements
operative term for classifying something ECCN ‘‘because execution technologies
of torture. Because legitimate law
under ECCN 0A978 will be the term have a defined set of parts and
enforcement activities sometimes ‘‘law enforcement striking weapons.’’ accessories and because of their obvious
include the need to restrain violent Previously this ECCN covered only saps. potential in repressing human rights.’’
persons without resorting to lethal force, The other commenter stated that parts
BIS believes that some use of electric Comment
and accessories should be covered by
shock devices in law enforcement may One commenter expressed concern this ECCN because doing so would
be necessary. BIS has reassessed its that addition of the term ‘‘law strengthen the ECCN by making it
earlier thinking and concluded that stun enforcement’’ in ECCNs 0A978 and in difficult to repair such equipment that
cuffs, shock sleeves and shock belts are, 0A982 could lead to abuse. This exists outside the United States.
in some situations, necessary to protect commenter offered as an example a
law enforcement officers and the public situation in which a party might assert Response
from violent persons. At the same time, that a set of handcuffs were not subject BIS believes that adding the word
these commodities have sufficient to ECCN 0A982 because in a particular ‘‘parts’’ to ECCN 0A981 is not necessary
potential to be used in the abuse of transaction, the handcuffs were being at this time, but will consider proposing
human rights that they should be exported for a purpose other than law covering parts to this ECCN in a future
subject to crime control license enforcement. rule. ECCN 0A981 covers equipment
requirements. Accordingly, all three of designed for the execution of human
Response
those commodities should be treated as beings. BIS is not aware of export trade
The language in these two ECCNs in parts for these commodities. Because
restraint devices rather than as
describes the items that are subject to the proposed rule did not propose
implements of torture. Accordingly, this
these ECCNs, not the end use to which adding parts to any of this ECCN, public
final rule adds ‘‘shock belts,’’ ‘‘stun
the items are put. Some type of modifier comments have not been sought on this
cuffs’’ and ‘‘shock sleeves’’ to the to the term ‘‘restraint devices’’ in 0A982
illustrative list of restraint devices idea. Identifying parts that may be
is needed because BIS does not intend appropriate for an export license
included in ECCN 0A982 . This final to cover all types of restraint devices, requirement without imposing an export
rule does not add ‘‘shock sleeves’’ to the just those used in law enforcement. license requirement on general parts
illustrative list of specially designed Similarly, some type of modifier is that, although usable in equipment
implements of torture included in ECCN needed to the term striking weapons in designed for the execution of human
0A983 and to the heading of § 742.11 of ECCN 0A978. In general, ECCNs beings, have many other uses as well
the EAR as was proposed in the describe an item without reference to would require both research by BIS and
proposed rule. This final rule does not end-use to which an item will be put. public comment. Therefore, BIS will
add stun cuffs to ECCN 0A985 as was In a few instances ECCNs are tied to a consider addressing the parts issue for
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proposed in the proposed rule. BIS specific use by express language these ECCNs in a future proposed rule.
believes that the EAR will be clearer if referring to the use (See e.g, ECCN
all law enforcement restraint devices, 1C298, which applies to certain graphite Comment
regardless of whether they operate by ‘‘that is intended for use other than in One commenter stated that in ECCN
physical or electrical means, are listed a nuclear reactor’’). ECCNs 0A978 and 0E984, the wording ‘‘buckshot shotgun
under a single ECCN. 0A982 do not employ similar language shells.’’ is too restrictive given the
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41080 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations
increasing range of less-lethal shotgun Summary of the Changes Made by This requirements for several items that have
shells on the market, their wide use in Rule substantially similar crime control
crime control and the potential for Revisions to § 742.7—Crime control— functions.
repressing human rights. That This rule revises the section heading to Creation of ECCN 0A981—Equipment
commenter urged BIS to expand ECCN read ‘‘Crime control and detection’’ to for the Execution of Human Beings—
0E984 to encompass technology for the reflect the contents of the section. It also This rule creates a new ECCN 0A981
development or production of all revises paragraph (a) to set forth an all that applies to equipment designed for
shotgun shells. destination license requirement for a the execution of human beings. Such
Response new ECCN 0A981 that would apply to equipment will require a license to all
equipment designed for the execution of destinations. BIS is adding this ECCN
In the proposed rule, BIS proposed because equipment designed for the
replacing three different reasons for human beings. Finally, this rule revises
paragraph (d) to state that in execution of human beings has a clear
control (CC 1, CC 2 and CC 3) for nexus to crime control and an obvious
technology for the development and maintaining these controls, the United
States considers international norms potential use in repressing human
production of shotguns with a single rights.
reason (CC 1). The reasons for control and the practices of other countries that
control exports to promote the Revisions to ECCN 0A982—Restraint
varied according to the barrel length of
observance of human rights; however, Devices—Several changes are being
the shotgun. BIS proposed the change
the controls are not based on the made to this ECCN to (a) make clear that
because most of the technology for the
decisions of any multilateral export it applies to law enforcement restraint
development or production of a shotgun
would not vary based on barrel length. control regime and may differ from devices, rather than safety or medical
No commenters objected to this controls imposed by other countries. equipment, (b) update the illustrative
proposed change. The reference to This rule removes certain language from list of commodities to which this ECCN
‘‘buckshot shotgun shells’’ in ECCN paragraph (d) that could have been read applies, and (c) cross reference other
0E984 was pre-existing language that as erroneously implying that the United ECCNs that apply to similar devices.
BIS did not propose to change. This States is the only country that imposes These changes are intended to focus the
commenter suggests that BIS go further export controls on crime control and ECCN on items of crime control
than the proposal and make ECCN detection items. significance and to reduce the
0E984 applicable to technology for the Revisions to § 742.11—Specially possibility of misinterpretations. The
development and production of all designed implements of torture * * * rule adds the phrase ‘‘Law enforcement’’
shotgun shells. BIS believes that before —This rule revises the heading to match to the ECCN heading. This rule adds
expanding the scope of this ECCN, the the revised language that this rule ‘‘multipoint restraint devices including
proposal should be set forth in a applies to ECCN 0A983, i.e. ‘‘Specially restraint chairs’’ to the illustrative list of
proposed rule with an opportunity for designed implements of torture, restraint devices because use of these
public comment. Accordingly, BIS is including thumbscrews, thumbcuffs, devices has increased in recent years
not adopting this commenter’s proposal fingercuffs, spiked batons and parts and and because they have potential for use
at this time, but may propose it in a accessories, n.e.s.’’ This rule also revises in human rights abuse. This rule adds
future rule. paragraph (d) to state that in stun cuffs, shock sleeves, and shock
maintaining these controls, the United belts to ECCN 0A982. The proposed rule
Comment States considers international norms would have added shock sleeves to
One commenter expressed concern and the practices of other countries that ECCN 0A983 and stun cuffs to ECCN
because ECCN 3A981 aggregates control exports to promote the 0A985. As pointed out in the public
different types of equipment which observance of human rights; however, comments, the proposed rule did not
serve different functions, namely the controls are not based on the address shock belts at all. Upon
analysis technologies, biometric decisions of any multilateral export reflection, BIS has concluded that each
technologies and penal technologies. control regime and may differ from of these three devices has a legitimate
This commenter recommended that BIS controls imposed by other countries. law enforcement use in restraining
disaggregate such technologies into This rule removes certain language from violent persons. Each can be
additional ECCN’s wherever possible. paragraph (d) that could have been read distinguished from the specially
The commenter stated that such as erroneously implying that the United designed implements of torture in ECCN
disaggregating would promote best States is the only country that imposes 0A983, which have no legitimate law
practices and clarity, and facilitate export controls on specially designed enforcement uses and from the shock
reporting and analysis of licensable implements of torture. This rule makes devices in ECCN 0A985, which can be
exports. no changes to the policy of denial of used to apply non-lethal force to protect
applications to export items subject to law enforcement personnel and others
Response § 742.11 or to the prohibition (stated in from violent persons. Placing these
Disaggregating commodities currently § 740.2(a)(10) of the EAR) on use of three devices in the law enforcement
covered by ECCN 3A981 might provide license exceptions to export restraint device ECCN will add clarity to
the clarity that this commenter suggests. commodities subject to § 742.11 of the the EAR. The rule also revises the
However, doing so might also impose EAR. related controls paragraph of this ECCN
costs on or engender confusion among Revisions to ECCN 0A978—Saps— to note two related export license
parties accustomed to the current The items covered by this ECCN are requirements: finger cuffs are classified
Commerce Control List structure. BIS expanded from ‘‘saps’’ to ‘‘law under ECCN 0A983—specially designed
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believes that such a restructuring should enforcement striking weapons.’’ Saps, implements of torture, and electronic
not be undertaken without notice and police batons, side handle batons, devices that monitor and report a
an opportunity for public comment. tonfas, sjamboks, and whips are listed as person’s location to enforce restrictions
Accordingly BIS may propose examples of law enforcement striking on movement for law enforcement or
disaggregating the contents of ECCN weapons. BIS believes that this change penal reasons are controlled under
3A981 in a future proposed rule. will provide consistent license ECCN 3A981.
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41081
Finally, this rule adds a note stating Convention Against the Illicit impaired patients to appropriate
that ECCN 0A982 does not apply to Manufacturing of and Trafficking in medical facilities. BIS views these
medical devices that are equipped to Firearms, Ammunition, Explosives and changes as clarifications rather than
restrain patient movement during Other Related Materials. substantive changes.
medical procedures, devices that Revisions to ECCN 0A985—Discharge Consistent with the provisions of
confine memory-impaired patients to Type Arms—ECCN 0A985 applies to section 6 of the Export Administration
appropriate medical facilities, or safety discharge type arms and to some Act of 1979, as amended (EAA), a
equipment such as safety belts or child electroshock devices that are not foreign policy report was submitted to
automobile safety seats. discharge type arms. To provide greater Congress on July 12, 2010, notifying
BIS believes that this revised language clarity and to include a representative Congress of the imposition of foreign
clarifies the scope of ECCN 0A982 and description of devices currently policy-based licensing requirements
is not a substantive change. available, this proposed rule adds the reflected in this rule.
Revisions to ECCN 0A983—Specially phrase ‘‘devices to administer electric Although the Export Administration
Designed Implements of Torture—This shock’’ to the heading and adds shock Act expired on August 20, 2001, the
rule makes no changes to the EAR’s shields to the illustrative list of items President, through Executive Order
stated policies of denial of license classified under this ECCN. This rule 13222 of August 17, 2001, 3 CFR, 2001
applications for the export or reexport of also adds references to the ‘‘Related Comp., p. 783 (2002), as extended by the
specially designed implements of Controls’’ paragraph informing readers Notice of August 13, 2009 (74 FR 41325
torture and prohibition of use of any that electronic devices that monitor and (August 14, 2009)), has continued the
license exception to export or reexport report a person’s location to enforce Export Administration Regulations in
specially designed implements of restrictions on movement for law effect under the International
torture. enforcement or penal reasons are Emergency Economic Powers Act.
The heading of ECCN 0A983 is being controlled under ECCN 3A981 and that
revised to add the word ‘‘including’’ Rulemaking Requirements
law enforcement restraint devices that
immediately following the phrase administer an electric shock are 1. This rule is significant for purposes
‘‘specially designed implements of controlled under ECCN 0A982. of Executive Order 12866.
torture’’ to make clear that the items Revisions to ECCN 0A987—Optical 2. Notwithstanding any other
listed are examples of specially Sighting Devices for Firearms—This rule provision of law, no person is required
designed implements of torture rather replaces the general description in the to respond to nor be subject to a penalty
than an exclusive list of such heading of ECCN 0A987 with a list of for failure to comply with a collection
implements. The heading is also being items controlled. With this change, the of information, subject to the
revised to add fingercuffs, and spiked ECCN clearly states that it applies to requirements of the Paperwork
batons to the ECCN as additional specific sighting devices, their Reduction Act of 1995 (44 U.S.C. 3501
examples of specially designed associated optical elements, and et seq.) (PRA), unless that collection of
implements of torture. A new note adjustment mechanisms. information displays a currently valid
provides that ‘‘torture’’ in this ECCN has Revisions to ECCN 0E984— Office of Management and Budget
the same meaning as set forth in 18 Technology for shotguns—This rule (OMB) Control Number. This rule
U.S.C. 2340(1), which is the definition revises ECCN 0E984 to apply CC involves a collection of information that
employed by the United States criminal Column 1 as a reason for control of has been approved by OMB under
statute that implements the United technology for the development and control number 0694–0088, which
Nations Convention against Torture and production of all shotguns and shotgun carries a burden hour estimate of 58
Other Cruel, Inhuman or Degrading shells controlled by ECCN 0A984. minutes to prepare and submit form
Treatment or Punishment. BIS believes Currently, ECCN 0E984 applies reasons BIS–748. Miscellaneous and
that these changes will more clearly for control that are parallel to the recordkeeping activities account for 12
distinguish specially designed reasons for control in ECCN 0A984, i.e., minutes per submission. BIS believes
implements of torture from crime CC Column 1, 2, or 3 is applied that the changes proposed will increase
control and detection items. depending on whether the barrel length the number of submissions subject to
Revisions to ECCN 0A984— exceeds 24 inches and whether the end- this collection by approximately 1,200
Shotguns—This rule removes the phrase user is a law enforcement agency. BIS is annually. Send comments regarding
‘‘parts n.e.s.’’ and adds the following making the change described in this these burden estimates or any other
specific parts for the shotguns paragraph because it believes that the aspect of these collections of
controlled by this ECCN: Barrels of 18 technology for the development and information, including suggestions for
inches (45.72 cm) or longer but not production of shotguns is substantially reducing the burden, to Jasmeet Seehra,
longer than 24 inches (60.96 cm), the same for all shotguns with barrel Office of Management and Budget
receivers, breech mechanisms, complete length exceeding 18 inches and does not (OMB), by e-mail to
trigger mechanisms, and magazines or vary based on the end user of the jseehra@omb.eop.gov, or by fax to (202)
magazine extension tubes. The parts are shotgun. 395–7285; and to the Regulatory Policy
subject to CC column 1 license Revisions to ECCN 3A981— Division, Bureau of Industry and
requirements. BIS believes that the Polygraphs and other electronic Security, Department of Commerce,
purposes of the control can be met by devices—This rule adds a cross Room 2705, 14th Street and
retaining the license requirement on the reference to the restraint devices Pennsylvania Ave., NW., Washington,
shotguns themselves and on the critical controlled by ECCN 0A982. This rule DC 20230.
parts set forth in this rule. BIS believes also adds a note expressly stating that 3. This rule does not contain policies
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that continuing to require licenses for the electronic monitoring restraint with Federalism implications as this
other parts would pose a burden on devices in ECCN 3A981 are devices that term is defined in Executive Order
legitimate trade in shotgun repair parts monitor or report the location of 13132.
that is not needed to achieve the confined persons for law enforcement or 4. The provision of the Administrative
purpose of these controls or of the penal reasons. The note excludes Procedure Act (5 U.S.C. 553) requiring
controls related to the Inter-American devices used to confine memory a delay in effective date, is inapplicable
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41082 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations
because this regulation involves a U.S.C. 7210; Sec 1503, Pub. L. 108–11, 117 Comp., p. 783; Notice of August 13, 2009, 74
military or foreign affairs function of the Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, FR 41325 (August 14, 2009).
United States (see 5 U.S.C. 553(a)(1)). 1978 Comp., p. 179; E.O. 12851, 58 FR 33181,
3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 ■ 5. In Supplement No. 1 to part 774,
Delay in implementation could thwart Category 0, revise the heading of Export
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O.
the United States’ commitment to 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Control Classification (ECCN) 0A978 to
promote the observance of human rights 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 read as follows:
around the world. Any delay in the Comp., p. 783; Presidential Determination
effective date of this rule could result in 2003–23 of May 7, 2003, 68 FR 26459, May Supplement No. 1 to Part 774—The
efforts to export restraint devices, 16, 2003; Notice of August 13, 2009, 74 FR Commerce Control List
equipment for the execution of human 41325 (August 14, 2009); Notice of November * * * * *
beings or technology for certain shotgun 6, 2009, 74 FR 58187 (November 10, 2009). 0A978 Law enforcement striking
production to regimes or parties that ■ 2. In § 742.7, revise the heading, weapons, including saps, police batons, side
abuse human rights or that would use redesignate existing paragraph (a)(5) as handle batons, tonfas, sjamboks, and whips.
the items to inflict torture before the paragraph (a)(6), add a new paragraph * * * * *
license requirements become effective. (a)(5) and revise paragraph (d) to read as ■ 6. In Supplement No. 1 to part 774,
In addition, immediate implementation follows: Category 0, add a new ECCN 0A981
of the changes that focus license immediately following ECCN 0A980
requirements for shotgun parts and § 742.7 Crime control and detection.
and immediately preceding ECCN
optical sighting devices parts impose no (a) * * * 0A982 to read as follows:
new burden on the public and will (5) Items designed for the execution of
allow BIS to focus its licensing and human beings as identified in ECCN Supplement No. 1 to Part 774—The
enforcement resources on the critical 0A981 require a license to all Commerce Control List
parts, such as barrels, receivers, trigger destinations including Canada. * * * * *
mechanisms and optical elements, that * * * * * 0A981 Equipment designed for the
give these items their essential (d) U.S. controls. In maintaining its execution of human beings (See list of items
capabilities for harm rather than controls on crime control and detection controlled).
dissipating such resources by evaluating items, the United States considers License Requirements
license applications for and enforcing international norms regarding human Reason for Control: CC.
export controls on such relatively rights and the practices of other Control(s): CC applies to entire entry. A
innocuous and easily fabricated items as countries that control exports to license is required for ALL destinations
springs, screws, washers and mounting promote the observance of human regardless of end-use. Accordingly, a column
brackets. In addition, the provisions of rights. However, these controls are not specific to this control does not appear on the
this rule that provide clarifications or based on the decisions of any Commerce Country Chart. (See § 742.7 of the
additional cross references are not multinational export control regime and EAR for additional information.)
substantive changes. Because those may differ from controls imposed by License Exceptions
provisions are not substantive changes, other countries.
the provision of the 5 U.S.C. 553 LVS: N/A.
■ 3. In § 742.11, revise the heading and GBS: N/A.
requiring a delay in effective date is paragraph (d) to read as follows: CIV: N/A.
inapplicable. BIS provided a notice of
proposed rulemaking and an § 742.11 Specially designed implements of List of Items Controlled
opportunity for public comment for this torture, including thumbscrews, Unit: $ value.
rule (74 FR 40117, August 11, 2009). thumbcuffs, fingercuffs, spiked batons, and Related Controls: N/A.
parts and accessories, n.e.s. Related Definitions: N/A.
Nevertheless, because such notice of
proposed rulemaking and an * * * * * Items: a. Gallows and guillotines.
opportunity for public comment were (d) U.S. controls. In maintaining its b. Electric chairs for the purpose of
controls on specially designed executing human beings.
not required to be given for this rule by c. Air tight vaults designed for the
5 U.S.C. 553, or by any other law, the instruments of torture the United States
considers international norms regarding execution of human beings by the
analytical requirements of the administration of a lethal gas or substance.
Regulatory Flexibility Act (5 U.S.C. 601 human rights and the practices of other d. Automatic drug injection systems
et seq.) are not applicable. countries that control exports to designed for the execution of human beings
promote the observance of human by administration of a lethal substance.
List of Subjects rights. However, these controls are not ■ 7. In Supplement No. 1 to part 774,
15 CFR Part 742 based on the decisions of any Category 0, ECCN 0A982, revise the
multinational export control regime and heading, revise the ‘‘Related Controls’’
Exports, Terrorism. may differ from controls imposed by paragraph in the ‘‘List of Items
15 CFR Part 774 other countries. Controlled’’ section and add a note at
Exports, Reporting and recordkeeping PART 774—[AMENDED] the end of ECCN 0A982 to read as
requirements. follows:
■ Accordingly, BIS amends the Export ■ 4. The authority citation for part 774
Supplement No. 1 to Part 774—The
Administration Regulations (15 CFR continues to read as follows:
Commerce Control List
Parts 730–774) as follows: Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. * * * * *
PART 742—[AMENDED] 0A982 Law enforcement restraint
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7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); devices, including leg irons, shackles, and
■ 1. The authority citation for part 742 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. handcuffs; straight jackets; stun cuffs; shock
continues to read as follows: 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 belts; shock sleeves; multipoint restraint
Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. devices such as restraint chairs; and parts
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. and accessories, n.e.s.
42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 * * * * *
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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 41083
List of Items Controlled ■ 8. In Supplement No. 1 to part 774, section of ECCN 0A984 to read as
Unit: $ * * * Category 0, ECCN 0A983, revise the follows:
Related Controls: Thumbcuffs and heading, and add a note at the end of
fingercuffs are classified under ECCN 0A983, Supplement No. 1 to Part 774—The
ECCN 0A983 to read as follows:
specially designed implements of torture. Commerce Control List
Restraint devices that electronically monitor Supplement No. 1 to Part 774—The
* * * * *
or report the location of confined persons for Commerce Control List 0A984 Shotguns with barrel length 18
law enforcement or penal reasons are
controlled under ECCN 3A981.
* * * * * inches (45.72 cm) or over; receivers; barrels
0A983 Specially designed implements of of 18 inches (45.72 cm) or longer but not
* * * * * torture, including thumbscrews, thumbcuffs, longer than 24 inches (60.96 cm); complete
Note to ECCN 0A982. This ECCN applies fingercuffs, spiked batons, and parts and trigger mechanisms; magazines and magazine
to restraint devices used in law enforcement accessories, n.e.s. extension tubes; complete breech
activities. It does not apply to medical * * * * * mechanisms; buckshot shotgun shells; except
devices that are equipped to restrain patient equipment used exclusively to treat or
Note to ECCN 0A983. In this ECCN,
movement during medical procedures. It tranquilize animals, and except arms
‘‘torture’’ has the meaning set forth in Section
does not apply to devices that confine designed solely for signal, flare, or saluting
2340(1) of Title 18, United States Code.
memory impaired patients to appropriate use.
medical facilities. It does not apply to safety ■ 9. In Supplement No. 1 to part 774,
equipment such as safety belts or child Category 0, ECCN 0A984, revise the License Requirements
automobile safety seats. heading and the license requirements Reason for Control: CC, FC, UN.
Control(s) Country chart
FC applies to entire entry ................................................................................................................................. FC Column 1.
CC applies to shotguns with a barrel length greater than or equal to 18 in. (45.72 cm), but less than 24 in. CC Column 1.
(60.96 cm), shotgun parts controlled by this entry, and buckshot shotgun shells controlled by this entry,
regardless of end-user.
CC applies to shotguns with a barrel length greater than or equal to 24 in. (60.96 cm), regardless of end- CC Column 2.
user.
CC applies to shotguns with a barrel length greater than or equal to 24 in. (60.96 cm) if for sale or resale CC Column 3.
to police or law enforcement.
UN applies to entire entry ................................................................................................................................. Iraq, North Korea, and Rwanda.
* * * * * Electronic devices that monitor and report a b. Holographic sights.
person’s location to enforce restrictions on c. Reflex or ‘‘red dot’’ sights.
■ 10. In Supplement No. 1 to part 774, movement for law enforcement or penal d. Reticle sights.
Category 0, ECCN 0A985, revise the reasons are controlled under ECCN 3A981. e. Other sighting devices that contain
heading and the ‘‘Related Controls’’ optical elements.
* * * * *
paragraph of the ‘‘List of Items f. Laser pointing devices designed for use
Controlled’’ section to read as follows: ■ 11. In Supplement No. 1 to part 774, on firearms.
Category 0, ECCN 0A987, revise the g. Lenses, other optical elements and
Supplement No. 1 to Part 774—The heading and the ‘‘Items’’ paragraph of adjustment mechanisms for articles in
Commerce Control List the ‘‘List of Items Controlled’’ section to paragraphs a, b, c, d or e.
* * * * * read as follows:
0A985 Discharge type arms and devices ■ 12. In Supplement No. 1 to part 774,
to administer electric shock, for example,
Supplement No. 1 to Part 774—The Category 0, ECCN 0E984, revise the
stun guns, shock batons, shock shields, Commerce Control List license requirements section of ECCN
electric cattle prods, immobilization guns * * * * * 0E984 to read as follows:
and projectiles; except equipment used 0A987 Optical sighting devices for
exclusively to treat or tranquilize animals, firearms (including shotguns controlled by
Supplement No. 1 to Part 774—The
and except arms designed solely for signal, 0A984); and parts (See list of items Commerce Control List
flare, or saluting use; and parts, n.e.s. controlled). * * * * *
* * * * * * * * * * 0E984 ‘‘Technology’’ for the
List of Items Controlled List of Items Controlled ‘‘development’’ or ‘‘production’’ of shotguns
controlled by 0A984 and buckshot shotgun
Unit: * * * Unit: * * * shells.
Related Controls: Law enforcement Related Controls: * * *
restraint devices that administer an electric Related Definitions: * * * License Requirements
shock are controlled under ECCN 0A982. Items: a. Telescopic sights. Reasons for Control: CC, UN
Control(s) Country chart
CC applies to ‘‘technology’’ for shotguns with a barrel length over 18 in. (45.72 cm), and for shotgun shells CC Column 1.
controlled by ECCN 0A984..
UN applies to entire entry ................................................................................................................................. Iraq, North Korea, and Rwanda.
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* * * * * the end of ECCN 3A981 to read as Supplement No. 1 to Part 774—The
■ 13. In Supplement No. 1 to part 774, follows: Commerce Control List
Category 3, revise the ‘‘Related Controls’’
* * * * *
paragraph of the ‘‘List of Items
Controlled’’ section and add a note to
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41084 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations
3A981 Polygraphs (except biomedical receive them no later than September Background
recorders designed for use in medical 13, 2010.
facilities for monitoring biological and Medicare Part B is a voluntary
neurophysical responses); fingerprint ADDRESSES: You may submit comments medical insurance program that
analyzers, cameras and equipment, n.e.s.; by any one of three methods—Internet, provides coverage for services such as
automated fingerprint and identification fax, or mail. Do not submit the same physician’s care, diagnostic services,
retrieval systems, n.e.s.; psychological stress comments multiple times or by more
analysis equipment; electronic monitoring
and medical supplies. A beneficiary
than one method. Regardless of which enrolled in Medicare Part B pays
restraint devices; and specially designed
parts and accessories, n.e.s.
method you choose, please state that monthly premiums, deductibles, and co-
your comments refer to Docket No. insurance associated with covered
* * * * * SSA–2009–0078 so that we may services. The Centers for Medicare &
List of Items Controlled associate your comments with the Medicaid Services (CMS) promulgates
Unit: * * * correct regulation. rules and regulations about the
Related Controls: See ECCN 0A982 for Caution: You should be careful to Medicare program, including the
other types of restraint devices.
include in your comments only standard monthly premium. We
Related Definitions: * * *
Items: * * * information that you wish to make determine and deduct the amount of
publicly available. We strongly urge you certain Medicare Part B premiums from
Note to ECCN 3A981. In this ECCN,
electronic monitoring restraint devices are not to include in your comments any beneficiaries’ Social Security benefits
devices used to record or report the location personal information such as Social and make rules and regulations
of confined persons for law enforcement or Security numbers or medical necessary to carry out these functions.
penal reasons. The term does not include information. The Federal Government subsidizes
devices that confine memory impaired 1. Internet: We strongly recommend the cost of Medicare Part B medical
patents to appropriate medical facilities.
that you submit your comments via the coverage. However, beneficiaries with
Dated: July 12, 2010. Internet. Please visit the Federal modified adjusted gross incomes
Kevin J. Wolf, eRulemaking portal at http:// (MAGI) above a specified threshold
Assistant Secretary for Export www.regulations.gov. Use the Search must pay a higher percentage of their
Administration. function to find docket number SSA– cost than those with MAGIs below the
[FR Doc. 2010–17338 Filed 7–14–10; 8:45 am] 2009–0078. The system will issue a threshold.1 We refer to this subsidy
BILLING CODE 3510–33–P
tracking number to confirm your reduction as an IRMAA. CMS
submission. You will not be able to determines and publishes the annual
view your comment immediately MAGI thresholds and ranges.
SOCIAL SECURITY ADMINISTRATION because we must post each comment The Internal Revenue Service (IRS)
manually. It may take up to a week for provides us with MAGI information. We
20 CFR Part 418 your comment to be viewable. use MAGI and Federal income tax filing
[Docket No. SSA–2009–0078] 2. Fax: Fax comments to (410) 966– status for the tax year 2 years before the
2830. effective year to determine whether a
RIN 0960–AH06 beneficiary must pay an IRMAA, and if
3. Mail: Mail your comments to the
Office of Regulations, Social Security so, how much.2 If information is not yet
Amendments to Regulations available for the tax year 2 years before
Regarding Major Life-Changing Events Administration, 107 Altmeyer Building,
6401 Security Boulevard, Baltimore, the effective year, we will use
Affecting Income-Related Monthly information from the tax year 3 years
Adjustment Amounts to Medicare Part Maryland 21235–6401.
before the effective year until the later
B Premiums Comments are available for public information becomes available.
viewing on the Federal eRulemaking
AGENCY:Social Security Administration. portal at http://www.regulations.gov or A beneficiary who experiences a
Interim rule with request for
ACTION: in person, during regular business major life-changing event may request
comments. hours, by arranging with the contact that we use a more recent tax year to
person identified below. make a new IRMAA determination. If a
SUMMARY: We are modifying our beneficiary provides evidence that the
regulations to clarify and revise what we FOR FURTHER INFORMATION CONTACT: qualifying major life-changing event
consider major life-changing events for Craig Streett, Office of Income Security reduces his or her MAGI below the
the Medicare Part B income-related Programs, Social Security threshold amount, we will determine
monthly adjustment amount (IRMAA) Administration, 2–R–24 Operations the IRMAA based on data from a more
and what evidence we require to Building, 6401 Security Boulevard, recent tax year.3 We define a significant
support a claim of a major life-changing Baltimore, MD 21235–6401, (410) 965– reduction in MAGI as any change that
event. Recent changes in the economy 9793. For information on eligibility or results in a reduction or elimination of
and other unforeseen events have had a filing for benefits, call our national toll- IRMAA.4 The Social Security Act
significant effect on many Medicare Part free number, 1–800–772–1213 or TTY provides that major life-changing events
B beneficiaries. The changes we are 1–800–325–0778, or visit our Internet include marriage, divorce, death of
making in this interim final rule will site, Social Security Online, at http://
allow us to respond appropriately to www.socialsecurity.gov. 1 MAGI is defined in 42 U.S.C. 1395r(i)(4). The
circumstances brought about by the threshold amount is defined in 42 U.S.C.
current economic climate and other SUPPLEMENTARY INFORMATION: 1395r(i)(2).
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unforeseen events, as described below. Electronic Version
2 MAGI ranges are established in 42 U.S.C.
1395r(i)(3), (5). The MAGI dollar amounts listed in
DATES:
1395r(i)(3) may increase annually based on changes
Effective Date: This interim rule will The electronic file of this document is in the Consumer Price Index under 42 U.S.C.
be effective July 15, 2010. available on the date of publication in 1395r(i)(5).
Comment Date: To ensure that your the Federal Register at http:// 3 20 CFR 418.1201.
comments are considered, we must www.gpoaccess.gov/fr/index.html. 4 20 CFR 418.1215.
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