Revisions to the Export Administration Regulations Based on the 2013 Missile Technology Control Regime Plenary Agreements, 30021-30025 [2014-12152]

Download as PDF Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations (Lat. 40°04′55″ N., long. 75°00′38″ W.) Cross Keys Airport, NJ (Lat. 39°42′20″ N., long. 75°01′59″ W.) Boundaries. By removing the current description of Area G and adding in its place: Area G. That airspace extending upward from 3,500 feet MSL to and including 7,000 feet MSL within a 20-mile radius of PHL, excluding that airspace south of a line beginning at the intersection of the PHL 20mile radius and the 158° bearing from PHL, thence direct to the intersection of the PHL 17.9-mile radius and the 138° bearing from PHL, and that airspace bounded by a line beginning at the intersection of the PHL 17.9mile radius and the 138° bearing from PHL, thence direct to the intersection of the PHL 15-mile radius and the 141° bearing from PHL, thence direct to the intersection of the Cross Keys Airport (17N) 1.5-mile radius and the 212° bearing from 17N, thence clockwise via the 1.5-mile radius of 17N to the 257° bearing from 17N, thence direct to the intersection of the 17N 1.5-mile radius and the 341° bearing from 17N, thence clockwise via the 1.5-mile radius of 17N to the 011° bearing from 17N, thence direct to the intersection of the PHL 15-mile radius and the 127° bearing from PHL, thence direct to the intersection of the PHL 20-mile radius and the 118° bearing from PHL, and Areas A, B, C, D, E and F. Issued in Washington, DC, on May 19, 2014. Gary A. Norek, Manager, Airspace Policy and Regulations Group. [FR Doc. 2014–11995 Filed 5–23–14; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Parts 772 and 774 [Docket No. 131121983–4407–01] RIN 0694–AG02 Revisions to the Export Administration Regulations Based on the 2013 Missile Technology Control Regime Plenary Agreements Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2013 Plenary in Rome, Italy, and at the 2013 Technical Experts Meeting in Bonn, Germany. This final rule revises eight Export Control Classification Numbers (ECCNs), adds one new ECCN and lastly emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 revises two defined terms (the definition of ‘‘payload’’ and ‘‘repeatability’’) to implement the changes that were agreed to at the meetings. DATES: This rule is effective: May 27, 2014. FOR FURTHER INFORMATION CONTACT: Sharon Bragonje, Nuclear and Missile Technology Controls Division, Bureau of Industry and Security, Phone: (202) 482–0434; Email: sharon.bragonje@ bis.doc.gov. SUPPLEMENTARY INFORMATION: Background The MTCR is an export control arrangement among 34 nations, including most of the world’s suppliers of advanced missiles and missile-related equipment, materials, software and technology. The regime establishes a common list of controlled items (the Annex) and a common export control policy (the Guidelines) that member countries implement in accordance with their national export controls. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction by controlling exports of goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for such weapons. In 1992, the MTCR’s original focus on missiles for nuclear weapons delivery was expanded to include the proliferation of missiles for the delivery of all types of weapons of mass destruction (WMD), i.e., nuclear, chemical and biological weapons. Such proliferation has been identified as a threat to international peace and security. One way to counter this threat is to maintain vigilance over the transfer of missile equipment, material, and related technologies usable for systems capable of delivering WMD. MTCR members voluntarily pledge to adopt the regime’s export Guidelines and to restrict the export of items contained in the regime’s Annex. The implementation of the regime’s Guidelines is effectuated through the national export control laws and policies of the regime members. Amendments to the Export Administration Regulations This final rule revises the EAR to reflect changes to the MTCR Annex agreed to at the October 2013 Plenary in Rome, Italy, and at the 2013 Technical Experts Meeting in Bonn, Germany. Corresponding MTCR Annex references are provided below for the MTCR Annex changes agreed to at the meetings. In the explanation below for the revisions made in this rule, BIS identifies these changes as follows: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 30021 ‘‘Rome 2013 Plenary’’ and ‘‘Bonn 2013 TEM’’ to assist the public in understanding the origin of each change included in this final rule. In section 772.1 (Definitions of Terms as Used in the Export Administration Regulations) this final rule amends the definition of the term ‘‘payload’’ (MTCR Annex Change, Definitions: ‘‘Payload,’’ Bonn 2013 TEM). The definition of ‘‘payload’’ is revised by adding the phrase ‘‘and separation systems’’ to the end of the description for space launch vehicles in Technical Note (b.2). This control changes the definition of ‘‘payload’’ for space launch vehicles to specifically identify separation systems. This is a clarification and will not change any scope of control. This change is not expected to have any impact on the number of license applications received by BIS. In addition, in section 772.1, this final rule amends the definition of the term ‘‘repeatability’’ (MTCR Annex Change, Category II: Item 9.A.3., Rome 2013 Plenary). This final rule adds the phrase ‘‘for Inertial Sensor Terminology’’ after the phrase ‘‘IEEE Standard’’ to add more description regarding the standard being referenced. In addition, after the standard number 528–2001, this final rule adds the phrase ‘‘in the Definitions section paragraph 2.214 titled repeatability (gyro, accelerometer).’’ These changes are not substantive and are limited to assisting the public in more easily identifying the standards being referenced in the ‘‘repeatability’’ definition. This change is not expected to have any impact on the number of license applications received by BIS. In addition, this rule amends the Commerce Control List (CCL) to reflect changes to the MTCR Annex. Specifically, the following nine ECCNs are affected: ECCN 1B102 is amended by revising ‘‘items’’ paragraph (a) in the List of Items Controlled section by correcting a typographical error in the phrase ‘‘metal power’’ to make it read ‘‘metal powder.’’ This final rule also revises paragraph (a) by adding the term ‘‘spheroidal’’ to clarify that those types of materials are also within the scope of this paragraph. Lastly, this final rule revises the cross reference to the United States Munitions List (USML) to make the cross reference more specific and to conform to recent changes to the manner in which items controlled for MT reasons are identified on the USML (MTCR Annex Change, Category II: Item 4.B.3.d., Bonn 2013 TEM). This change is a follow-up conforming change to the CCL to reflect the previous inclusion of the term ‘‘spheroidal’’ in ECCNs 1C011 and 1C111 in the 2012 MTCR Plenary E:\FR\FM\27MYR1.SGM 27MYR1 emcdonald on DSK67QTVN1PROD with RULES 30022 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations Agreements rule published on July 16, 2013 (78 FR 42430), which made it clear that metal powders are not perfectly spherical. This change is not expected to have any impact on the number of license applications received by BIS. ECCN 1B117 is amended by revising ‘‘items’’ paragraph (b) in the List of Items Controlled section to add single quotes around the term ‘mixing/ kneading shaft.’ In addition, this final rule adds a new Note to paragraph (b) to specify that the term ‘mixing/ kneading shaft’ does not refer to deagglomerators or knife-spindles to clarify the scope of this term as used in this paragraph (MTCR Annex Change, Category II: Item 4.B.3., Bonn 2013 TEM). This change clarifies what constitutes a mixing/kneading shaft in a batch mixer. This change is not expected to have any impact on the number of license applications received by BIS. ECCN 1D001 is amended by revising the MT control(s) paragraph in the License Requirements section to remove the term ‘‘use’’ and replace it with the terms ‘‘operation’’ and ‘‘maintenance,’’ which are two of six elements from the defined term ‘‘use’’ (MTCR Annex Change, Category II: Item 6.D.1., Rome 2013 Plenary). This change is made as a result of the U.S. Government’s efforts to replace the defined term ‘‘use’’ within the Annex with more specific language (such as ‘‘operation’’ and ‘‘maintenance’’ or other terms) in certain entries to better identify the items warranting control. Although this changes the scope of the MT control in this ECCN, this change is only expected to result in an increase of 3–5 applications received annually by BIS. ECCN 1D018 is amended by revising the MT control(s) paragraph in the License Requirements section to remove the term ‘‘use’’ and replace it with the terms ‘‘operation’’ and ‘‘maintenance,’’ which are two of six elements from the defined term ‘‘use’’ (MTCR Annex Change, Category II: Item 4.D.1., Rome 2013 Plenary). This is the result of the U.S. Government’s efforts to replace the defined term ‘‘use’’ within the Annex with more specific language (such as ‘‘operation’’ and ‘‘maintenance’’ or other terms) in certain entries to better identify the items warranting control. Although this change clarifies the scope of the MT control in this ECCN, this change is expected to result in an increase of 1–2 applications received annually by BIS. ECCN 1D101 is amended by revising the heading to remove the term ‘‘use’’ and replace it with the terms ‘‘operation’’ and ‘‘maintenance,’’ which are two of six elements from the defined VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 term ‘‘use’’ (MTCR Annex Change, Category II: Item 4.D.1., Rome 2013 Plenary). This is the result of the U.S. Government’s efforts to replace the defined term ‘‘use’’ within the Annex with more specific language (such as ‘‘operation’’ and ‘‘maintenance’’ or other terms) in certain entries to better identify the items warranting control. Although this change clarifies the scope of the ECCN heading, this change is expected to result in an increase of 3– 5 applications received annually by BIS. ECCN 6A107 is amended by revising the heading and the ‘‘items’’ paragraph in the List of Items Controlled section to make clearer how gravity meters and gravity gradiometers are controlled under this ECCN (MTCR Annex Change, Category II: Item 12.A.3., Bonn 2013 TEM). Previously, both gravity meters and gravity gradiometers were specified by the same parameters, when in fact gravity meters and gradiometers measure different values and these results are expressed in different units. A gravity meter measures local gravitational forces directly, and is expressed in milligals. A gradiometer measures the rate of change of gravitational acceleration, or gravity gradient. Gradiometers have more complex units, and as any gradiometer that is designed or modified for airborne or marine use can be used in missiles, the text covers all gradiometers, regardless of performance values. This change is a correction. Although this change clarifies the scope of the ECCN, this change is not expected to have any impact on the number of license applications received by BIS. ECCN 9A101 is amended by revising ‘‘items’’ paragraph (a.2) to add the phrase ‘‘conditions using the ICAO standard atmosphere’’ to provide greater specificity for how specific fuel consumption should be measured for purposes of this paragraph when at static sea level (MTCR Annex Change, Category II: Item 3.A.1.a.2., Bonn 2013 TEM). This is a clarification of what standard conditions are to be applied during measurement. This change is not expected to have any impact on the number of license applications received by BIS. ECCN 9A102 is added to the EAR. This new ECCN 9A102 will control ‘turboprop engine systems’ ‘‘specially designed’’ for items controlled in 9A012 for MT reasons, and ‘‘specially designed’’ ‘‘parts’’ and ‘‘components’’ therefor, having a maximum power greater than 10 kW achieved uninstalled at sea level static conditions using the ICAO standard atmosphere. New ECCN 9A102 also includes a technical note to clarify what ‘‘components’’ a ‘turboprop PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 engine system’ incorporates (MTCR Annex Change, Category II: Item 3.A.9., Bonn 2013 TEM). Annex entry 3.A.9. was revised at the Bonn 2013 TEM. At that time the U.S. Government, in reviewing the new change, determined that the existing CCL entries did not control for MT reasons the commodities identified in Annex Item 3.A.9. Therefore, BIS needed to create a new ECCN 9A102 to control the commodities identified in Annex Item 3.A.9. This change is expected to result in an increase of 1–2 applications received annually by BIS. ECCN 9B106 is amended by revising ‘‘items’’ paragraph a.2 in the List of Items Controlled section to add the term ‘‘while’’ for clarification (MTCR Annex Change, Category II: Item 15.B.4.a.2., Bonn 2013 Plenary). This is a minor correction to the wording used in paragraph (a.2). This change is not expected to have any impact on the number of license applications received by BIS. Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or en route aboard a carrier to a port of export or reexport, on May 27, 2014, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR) so long as they are exported or reexported before June 26, 2014. Any such items not actually exported or reexported before midnight, on June 26, 2014, require a license in accordance with this rule. Export Administration Act Although the Export Administration Act expired on August 20, 2001, the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of August 8, 2013, 78, 2013, 78 FR 49107(August 12, 2013), has continued the Export Administration Regulations in effect under the International Emergency Economic Powers Act. BIS continues to carry out the provisions of the Export Administration Act, as appropriate and to the extent permitted by law, pursuant to Executive Order 13222. E:\FR\FM\27MYR1.SGM 27MYR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations Regulatory 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, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been determined to be significant for purposes of Executive Order 12866. 2. Notwithstanding any other provision of law, no person is required to respond to nor 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 Office of Management and Budget (OMB) Control Number. This regulation involves collections previously approved by OMB under control number 0694–0088, Simplified Network Application Processing System, which includes, among other things, license applications and carries a burden estimate of 43.8 minutes for a manual or electronic submission. Total burden hours associated with the PRA and OMB control number 0694–0088 are expected to increase slightly as a result of this rule. You may send comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@ omb.eop.gov, or by fax to (202) 395– 7285. 3. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. 4. The provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this regulation involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate implementation of these amendments fulfills the United States’ international commitments to the MTCR. The MTCR contributes to international peace and security by promoting greater responsibility in transfers of missile technology items that could make a contribution to delivery systems (other VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 than manned aircraft) for weapons of mass destruction. The MTCR consists of 34 member countries that act on a consensus basis and the changes set forth in this rule implement agreements reached by MTCR member countries at the October 2013 Plenary in Rome, Italy. Since the United States is a significant exporter of the items in this rule, implementation of this provision is necessary for the MTCR to achieve its purpose. Moreover, it is in the public’s interest to waive the notice and comment requirements, as any delay in implementing this rule will disrupt the movement of affected items globally because of disharmony between export control measures implemented by MTCR members, resulting in tension between member countries. Export controls work best when all countries implement the same export controls in a timely manner. If this rulemaking were delayed to allow for notice and comment and a 30 day delay in effectiveness, it would prevent the United States from fulfilling its commitment to the MTCR in a timely manner, would injure the credibility of the United States in this and other multilateral regimes, and may impair the international communities’ ability to effectively control the export of certain potentially national- and internationalsecurity-threatening materials. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, this regulation is issued in final form. List of Subjects 15 CFR Part 772 Exports. 15 CFR Part 774 Exports, Reporting and recordkeeping requirements. Accordingly, parts 772 and 774 of the Export Administration Regulations (15 CFR parts 730–774) are amended as follows: PART 772—[AMENDED] 1. The authority citation for 15 CFR part 772 continues to read as follows: ■ Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013). PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 30023 2. Section 772.1 is amended: a. By revising Technical Notes b.2 of the ‘‘payload’’ definition; and ■ b. By adding, in alphabetical order, a second definition of ‘‘repeatability’’ as set forth below: ■ ■ § 772.1 Definitions of terms as used in the Export Administration Regulations (EAR). * * * * * Payload. * * * NOTE: * * * TECHNICAL NOTES: a. * * * b. Space Launch Vehicles—‘‘Payload’’ includes: 1. * * * 2. Spacecraft-to-launch vehicle adapters including, if applicable, apogee/perigee kick motors or similar maneuvering systems and separation systems; * * * * * * * * ‘‘Repeatability’’. (MTCR Context only) (Cat 7)—According to IEEE Standard for Inertial Sensor Terminology 528–2001 in the Definitions section paragraph 2.214 titled repeatability (gyro, accelerometer) as follows: ‘‘The closeness of agreement among repeated measurements of the same variable under the same operating conditions when changes in conditions or nonoperating periods occur between measurements.’’ * * * * * PART 774—[AMENDED] 3. The authority citation for 15 CFR part 774 continues to read 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. 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); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013). 4. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) 1B102 is amended by revising ‘‘items’’ paragraph a in the List of Items Controlled section to read as follows: ■ Supplement No. 1 to Part 774—The Commerce Control List * * * * * 1B102 Metal powder ‘‘production equipment,’’ other than that specified in E:\FR\FM\27MYR1.SGM 27MYR1 30024 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations 1B002, and ‘‘parts’’ and ‘‘components’’ as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * Items: a. Metal powder ‘‘production equipment’’ usable for the ‘‘production’’, in a controlled environment, of spherical, spheroidal or atomized materials specified in 1C011.a., 1C011.b., 1C111.a.1., 1C111.a.2., or controlled for MT reasons in Category V of the USML. * * * * Country chart (see Supp. No. 1 to part 738). Control(s) * * * * * MT applies to ‘‘softMT Column 1 ware’’ for the ‘‘development,’’ ‘‘production,’’ operation, or maintenance of items controlled by 1B001 for MT reasons. * * * * * * * * * b. By revising the ‘‘items’’ paragraph in the List of Items Controlled section to read as follows: ■ 6A107 Gravity meters (gravimeters) or gravity gradiometers, other than those controlled by 6A007, designed or modified for airborne or marine use, as follows, (see List of Items Controlled) and ‘‘specially designed’’ ‘‘parts’’ and ‘‘components’’ therefor. * * * * * List of Items Controlled * * 7. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) 1D018 is amended by revising the second entry in the License Requirements table to read as follows: * * * * * Items: a. Gravity meters having all the following: 1. A static or operational accuracy equal to or less (better) than 0.7 milligal (mgal); and 2. A time to steady-state registration of two minutes or less. b. Gravity gradiometers. 5. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) 1B117 is amended: ■ a. By revising ‘‘items’’ paragraph b in the List of Items Controlled section; and ■ b. By adding a note to ‘‘items’’ paragraph b in the List of Items Controlled section to read as follows: ■ 1D018 ‘‘Software’’ ‘‘specially designed’’ or modified for the ‘‘development’’, ‘‘production’’, or ‘‘use’’ of items controlled by 1B018. 10. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Aerospace and Propulsion, Export Control Classification Number (ECCN) 9A101 is amended by revising ‘‘items’’ paragraph a.2 in the List of Items Controlled section to read as follows: 1B117 Batch mixers with provision for mixing under vacuum in the range from zero to 13.326 kPa and with temperature control capability of the mixing chamber and having all of the following characteristics (see List of Items Controlled), and ‘‘specially designed’’ ‘‘parts’’ and ‘‘components’’ therefor. License Requirements Reason for Control: * * * 9A101 Turbojet and turbofan engines, other than those controlled by 9A001, as follows (see List of Items Controlled). ■ * * * * * List of Items Controlled * * * * * * * * * Items: * b. At least one ‘mixing/kneading shaft’ mounted off center. Note to paragraph b: In 1B117.b. the term ‘mixing/kneading shaft’ does not refer to deagglomerators or knife-spindles. 6. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) 1D001 is amended by revising the second entry in the License Requirements table to read as follows: ■ Country chart (see Supp. No. 1 to part 738). Control(s) * * * MT applies to ‘‘software’’ for the ‘‘development’’, ‘‘production’’, operation, or maintenance of items controlled by 1B018 for MT reasons. * * * * * * * * * * 1D101 ‘‘Software’’ ‘‘specially designed’’ or modified for the operation or maintenance of commodities controlled by 1B101, 1B102, 1B115, 1B117, 1B118, or 1B119. License Requirements * Reason for Control: * * * Control(s) VerDate Mar<15>2010 Country chart (see Supp. No. 1 to part 738). 17:52 May 23, 2014 Jkt 232001 Frm 00020 Fmt 4700 * * * * * * * * * * * * 9A102 ‘Turboprop engine systems’ ‘‘specially designed’’ for items controlled in 9A012 for MT reasons, and ‘‘specially designed’’ ‘‘parts’’ and ‘‘components’’ therefor, having a maximum power greater than 10 kW (achieved uninstalled at sea level static conditions using the ICAO standard atmosphere), excluding civil certified engines. License Requirements Reason for Control: MT, AT * 9. In Supplement No. 1 to part 774 (the Commerce Control List), Category 6—Sensors and Lasers, Export Control Classification Number (ECCN) 6A107 is amended: ■ a. By revising the heading; and PO 00000 * 11. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Aerospace and Propulsion add new ECCN 9A102 between ECCNs 9A101 and 9A103 to read as follows: ■ * * ■ 8. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1—Special Materials and Related Equipment, Chemicals, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export Control Classification Number (ECCN) 1D101 is amended by revising the heading to read as follows: * * Items: a. * * * * ■ * * List of Items Controlled a.2. Specific fuel consumption of 0.15 kg N ¥1 h ¥1 or less (at maximum continuous power at sea level static conditions using the ICAO standard atmosphere); or 1D001 ‘‘Software’’ ‘‘specially designed’’ or modified for the ‘‘development’’, ‘‘production’’ or ‘‘use’’ of equipment controlled by 1B001 to 1B003. emcdonald on DSK67QTVN1PROD with RULES * * * * * ■ Sfmt 4700 Control(s) MT applies to entire entry. AT applies to entire entry. E:\FR\FM\27MYR1.SGM 27MYR1 Country chart (see Supp. No. 1 to part 738). MT Column 1 AT Column 1 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations List Based License Exceptions (See Part 740 for a description of all license exceptions) DEPARTMENT OF HOMELAND SECURITY LVS: N/A GBS: N/A CIV: N/A Coast Guard 33 CFR Parts 100 and 165 List of Items Controlled Related Controls: (1) See also 9A001 and 9A101. Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. Technical Note to 9A102: For the purposes of 9A102 a ‘turboprop engine system’ incorporates all of the following: a. Turboshaft engine; and b. Power transmission system to transfer the power to a propeller. 12. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9—Aerospace and Propulsion, Export Control Classification Number (ECCN) 9B106 is amended by revising ‘‘items’’ paragraph a.2 in the List of Items Controlled section to read as follows: ■ 9B106 Environmental chambers usable for rockets, missiles, or unmanned aerial vehicles capable of achieving a ‘‘range’’ equal to or greater than 300 km and their subsystems, as follows (see List of Items Controlled). * * * * * List of Items Controlled * * * * * * * * Items: a. * * * * * a.2. Incorporating, or designed or modified to incorporate, a shaker unit or other vibration test equipment to produce vibration environments equal to or greater than 10 g rms, measured ‘bare table’, between 20 Hz and 2 kHz while imparting forces equal to or greater than 5 kN; Technical Notes: * * * * * * * * Dated: May 21, 2014. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2014–12152 Filed 5–23–14; 8:45 am] emcdonald on DSK67QTVN1PROD with RULES BILLING CODE 3510–33–P VerDate Mar<15>2010 17:52 May 23, 2014 Jkt 232001 [Docket Number USCG–2014–0095] RIN 1625–AA00, AA08 Special Local Regulations and Safety Zones; Recurring Marine Events and Fireworks Displays Within the Fifth Coast Guard District Coast Guard, DHS. Interim final rule; request for comments. AGENCY: ACTION: The Coast Guard is amending its special local regulations and safety zones established for recurring marine events and fireworks displays that take place within the Fifth Coast Guard District area of responsibility. This interim final rule revises the listing of events that informs the public of regularly scheduled marine parades, regattas, other organized water events, and fireworks displays that require additional safety measures provided by regulations. Through this interim final rule, the current list of recurring marine events requiring special local regulations or safety zones is updated with revisions, additional events, and removal of events that no longer take place in the Fifth Coast Guard District area of responsibility. When these special local regulations and safety zones are enforced, certain restrictions are placed on marine traffic in specified areas. Additionally, this rulemaking project promotes efficiency by eliminating the need to produce a separate rule for each individual recurring event, and serves to provide notice of the known recurring events requiring a special local regulation or safety zone throughout the year. DATES: This rule is effective without actual notice from May 27, 2014. For the purposes of enforcement, actual notice will be used from the date the rule was signed, May 12, 2014, until May 27, 2014. Comments and related material must be received by the Coast Guard on or before June 26, 2014. ADDRESSES: Documents mentioned in this preamble are part of Docket Number USCG–2014–0095. To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH.’’ Click on ‘‘Open Docket Folder’’ on the line associated with this rulemaking. You may also visit the Docket Management Facility in Room SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 30025 W12–140 on the ground floor of the Department of Transportation West Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may submit comments, identified by docket number, using any one of the following methods: (1) Federal eRulemaking Portal: https://www.regulations.gov. (2) Fax: (202) 493–2251. (3) Mail or Delivery: Docket Management Facility (M–30), U.S. Department of Transportation, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590–0001. Deliveries accepted between 9 a.m. and 5 p.m., Monday through Friday, except federal holidays. The telephone number is 202– 366–9329. See the ‘‘Public Participation and Request for Comments’’ portion of the SUPPLEMENTARY INFORMATION section below for further instructions on submitting comments. To avoid duplication, please use only one of these three methods. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Dennis Sens, Fifth Coast Guard District, Prevention Division, (757) 398– 6204, Dennis.M.Sens@uscg.mil. If you have questions on viewing or submitting material to the docket, call Cheryl Collins, Program Manager, Docket Operations, telephone (202) 366–9826. SUPPLEMENTARY INFORMATION: Table of Acronyms AOR Area of Responsibility APA Administrative Procedure Act COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of Proposed Rulemaking A. Public Participation and Request for Comments We encourage you to participate in this rulemaking by submitting comments and related materials. All comments received will be posted without change to https:// www.regulations.gov and will include any personal information you have provided. 1. Submitting Comments If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this document to which each comment applies, and provide a reason for each suggestion or recommendation. You may submit your comments and material online at https:// www.regulations.gov, or by fax, mail, or E:\FR\FM\27MYR1.SGM 27MYR1

Agencies

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30021-30025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12152]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 772 and 774

[Docket No. 131121983-4407-01]
RIN 0694-AG02

Revisions to the Export Administration Regulations Based on the
2013 Missile Technology Control Regime Plenary Agreements

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were agreed to by
MTCR member countries at the October 2013 Plenary in Rome, Italy, and
at the 2013 Technical Experts Meeting in Bonn, Germany. This final rule
revises eight Export Control Classification Numbers (ECCNs), adds one
new ECCN and lastly revises two defined terms (the definition of
``payload'' and ``repeatability'') to implement the changes that were
agreed to at the meetings.

DATES: This rule is effective: May 27, 2014.

FOR FURTHER INFORMATION CONTACT: Sharon Bragonje, Nuclear and Missile
Technology Controls Division, Bureau of Industry and Security, Phone:
(202) 482-0434; Email: sharon.bragonje@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Background

The MTCR is an export control arrangement among 34 nations,
including most of the world's suppliers of advanced missiles and
missile-related equipment, materials, software and technology. The
regime establishes a common list of controlled items (the Annex) and a
common export control policy (the Guidelines) that member countries
implement in accordance with their national export controls. The MTCR
seeks to limit the risk of proliferation of weapons of mass destruction
by controlling exports of goods and technologies that could make a
contribution to delivery systems (other than manned aircraft) for such
weapons.
In 1992, the MTCR's original focus on missiles for nuclear weapons
delivery was expanded to include the proliferation of missiles for the
delivery of all types of weapons of mass destruction (WMD), i.e.,
nuclear, chemical and biological weapons. Such proliferation has been
identified as a threat to international peace and security. One way to
counter this threat is to maintain vigilance over the transfer of
missile equipment, material, and related technologies usable for
systems capable of delivering WMD. MTCR members voluntarily pledge to
adopt the regime's export Guidelines and to restrict the export of
items contained in the regime's Annex. The implementation of the
regime's Guidelines is effectuated through the national export control
laws and policies of the regime members.

Amendments to the Export Administration Regulations

This final rule revises the EAR to reflect changes to the MTCR
Annex agreed to at the October 2013 Plenary in Rome, Italy, and at the
2013 Technical Experts Meeting in Bonn, Germany. Corresponding MTCR
Annex references are provided below for the MTCR Annex changes agreed
to at the meetings. In the explanation below for the revisions made in
this rule, BIS identifies these changes as follows: ``Rome 2013
Plenary'' and ``Bonn 2013 TEM'' to assist the public in understanding
the origin of each change included in this final rule.
In section 772.1 (Definitions of Terms as Used in the Export
Administration Regulations) this final rule amends the definition of
the term ``payload'' (MTCR Annex Change, Definitions: ``Payload,'' Bonn
2013 TEM). The definition of ``payload'' is revised by adding the
phrase ``and separation systems'' to the end of the description for
space launch vehicles in Technical Note (b.2). This control changes the
definition of ``payload'' for space launch vehicles to specifically
identify separation systems. This is a clarification and will not
change any scope of control. This change is not expected to have any
impact on the number of license applications received by BIS.
In addition, in section 772.1, this final rule amends the
definition of the term ``repeatability'' (MTCR Annex Change, Category
II: Item 9.A.3., Rome 2013 Plenary). This final rule adds the phrase
``for Inertial Sensor Terminology'' after the phrase ``IEEE Standard''
to add more description regarding the standard being referenced. In
addition, after the standard number 528-2001, this final rule adds the
phrase ``in the Definitions section paragraph 2.214 titled
repeatability (gyro, accelerometer).'' These changes are not
substantive and are limited to assisting the public in more easily
identifying the standards being referenced in the ``repeatability''
definition. This change is not expected to have any impact on the
number of license applications received by BIS.
In addition, this rule amends the Commerce Control List (CCL) to
reflect changes to the MTCR Annex. Specifically, the following nine
ECCNs are affected:
ECCN 1B102 is amended by revising ``items'' paragraph (a) in the
List of Items Controlled section by correcting a typographical error in
the phrase ``metal power'' to make it read ``metal powder.'' This final
rule also revises paragraph (a) by adding the term ``spheroidal'' to
clarify that those types of materials are also within the scope of this
paragraph. Lastly, this final rule revises the cross reference to the
United States Munitions List (USML) to make the cross reference more
specific and to conform to recent changes to the manner in which items
controlled for MT reasons are identified on the USML (MTCR Annex
Change, Category II: Item 4.B.3.d., Bonn 2013 TEM). This change is a
follow-up conforming change to the CCL to reflect the previous
inclusion of the term ``spheroidal'' in ECCNs 1C011 and 1C111 in the
2012 MTCR Plenary

[[Page 30022]]

Agreements rule published on July 16, 2013 (78 FR 42430), which made it
clear that metal powders are not perfectly spherical. This change is
not expected to have any impact on the number of license applications
received by BIS.
ECCN 1B117 is amended by revising ``items'' paragraph (b) in the
List of Items Controlled section to add single quotes around the term
`mixing/kneading shaft.' In addition, this final rule adds a new Note
to paragraph (b) to specify that the term `mixing/kneading shaft' does
not refer to deagglomerators or knife-spindles to clarify the scope of
this term as used in this paragraph (MTCR Annex Change, Category II:
Item 4.B.3., Bonn 2013 TEM). This change clarifies what constitutes a
mixing/kneading shaft in a batch mixer. This change is not expected to
have any impact on the number of license applications received by BIS.
ECCN 1D001 is amended by revising the MT control(s) paragraph in
the License Requirements section to remove the term ``use'' and replace
it with the terms ``operation'' and ``maintenance,'' which are two of
six elements from the defined term ``use'' (MTCR Annex Change, Category
II: Item 6.D.1., Rome 2013 Plenary). This change is made as a result of
the U.S. Government's efforts to replace the defined term ``use''
within the Annex with more specific language (such as ``operation'' and
``maintenance'' or other terms) in certain entries to better identify
the items warranting control. Although this changes the scope of the MT
control in this ECCN, this change is only expected to result in an
increase of 3-5 applications received annually by BIS.
ECCN 1D018 is amended by revising the MT control(s) paragraph in
the License Requirements section to remove the term ``use'' and replace
it with the terms ``operation'' and ``maintenance,'' which are two of
six elements from the defined term ``use'' (MTCR Annex Change, Category
II: Item 4.D.1., Rome 2013 Plenary). This is the result of the U.S.
Government's efforts to replace the defined term ``use'' within the
Annex with more specific language (such as ``operation'' and
``maintenance'' or other terms) in certain entries to better identify
the items warranting control. Although this change clarifies the scope
of the MT control in this ECCN, this change is expected to result in an
increase of 1-2 applications received annually by BIS.
ECCN 1D101 is amended by revising the heading to remove the term
``use'' and replace it with the terms ``operation'' and
``maintenance,'' which are two of six elements from the defined term
``use'' (MTCR Annex Change, Category II: Item 4.D.1., Rome 2013
Plenary). This is the result of the U.S. Government's efforts to
replace the defined term ``use'' within the Annex with more specific
language (such as ``operation'' and ``maintenance'' or other terms) in
certain entries to better identify the items warranting control.
Although this change clarifies the scope of the ECCN heading, this
change is expected to result in an increase of 3-5 applications
received annually by BIS.
ECCN 6A107 is amended by revising the heading and the ``items''
paragraph in the List of Items Controlled section to make clearer how
gravity meters and gravity gradiometers are controlled under this ECCN
(MTCR Annex Change, Category II: Item 12.A.3., Bonn 2013 TEM).
Previously, both gravity meters and gravity gradiometers were specified
by the same parameters, when in fact gravity meters and gradiometers
measure different values and these results are expressed in different
units. A gravity meter measures local gravitational forces directly,
and is expressed in milligals. A gradiometer measures the rate of
change of gravitational acceleration, or gravity gradient. Gradiometers
have more complex units, and as any gradiometer that is designed or
modified for airborne or marine use can be used in missiles, the text
covers all gradiometers, regardless of performance values. This change
is a correction. Although this change clarifies the scope of the ECCN,
this change is not expected to have any impact on the number of license
applications received by BIS.
ECCN 9A101 is amended by revising ``items'' paragraph (a.2) to add
the phrase ``conditions using the ICAO standard atmosphere'' to provide
greater specificity for how specific fuel consumption should be
measured for purposes of this paragraph when at static sea level (MTCR
Annex Change, Category II: Item 3.A.1.a.2., Bonn 2013 TEM). This is a
clarification of what standard conditions are to be applied during
measurement. This change is not expected to have any impact on the
number of license applications received by BIS.
ECCN 9A102 is added to the EAR. This new ECCN 9A102 will control
`turboprop engine systems' ``specially designed'' for items controlled
in 9A012 for MT reasons, and ``specially designed'' ``parts'' and
``components'' therefor, having a maximum power greater than 10 kW
achieved uninstalled at sea level static conditions using the ICAO
standard atmosphere. New ECCN 9A102 also includes a technical note to
clarify what ``components'' a `turboprop engine system' incorporates
(MTCR Annex Change, Category II: Item 3.A.9., Bonn 2013 TEM). Annex
entry 3.A.9. was revised at the Bonn 2013 TEM. At that time the U.S.
Government, in reviewing the new change, determined that the existing
CCL entries did not control for MT reasons the commodities identified
in Annex Item 3.A.9. Therefore, BIS needed to create a new ECCN 9A102
to control the commodities identified in Annex Item 3.A.9. This change
is expected to result in an increase of 1-2 applications received
annually by BIS.
ECCN 9B106 is amended by revising ``items'' paragraph a.2 in the
List of Items Controlled section to add the term ``while'' for
clarification (MTCR Annex Change, Category II: Item 15.B.4.a.2., Bonn
2013 Plenary). This is a minor correction to the wording used in
paragraph (a.2). This change is not expected to have any impact on the
number of license applications received by BIS.

Savings Clause

Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or en route aboard a
carrier to a port of export or reexport, on May 27, 2014, pursuant to
actual orders for export or reexport to a foreign destination, may
proceed to that destination under the previous eligibility for a
License Exception or export or reexport without a license (NLR) so long
as they are exported or reexported before June 26, 2014. Any such items
not actually exported or reexported before midnight, on June 26, 2014,
require a license in accordance with this rule.

Export Administration Act

Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of
August 8, 2013, 78, 2013, 78 FR 49107(August 12, 2013), has continued
the Export Administration Regulations in effect under the International
Emergency Economic Powers Act. BIS continues to carry out the
provisions of the Export Administration Act, as appropriate and to the
extent permitted by law, pursuant to Executive Order 13222.

[[Page 30023]]

Regulatory 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, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been determined to be significant for
purposes of Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to nor 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 Office
of Management and Budget (OMB) Control Number. This regulation involves
collections previously approved by OMB under control number 0694-0088,
Simplified Network Application Processing System, which includes, among
other things, license applications and carries a burden estimate of
43.8 minutes for a manual or electronic submission. Total burden hours
associated with the PRA and OMB control number 0694-0088 are expected
to increase slightly as a result of this rule. You may send comments
regarding the collection of information associated with this rule,
including suggestions for reducing the burden, to Jasmeet K. Seehra,
Office of Management and Budget (OMB), by email to Jasmeet_K._Seehra@omb.eop.gov, or by fax to (202) 395-7285.
3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Immediate
implementation of these amendments fulfills the United States'
international commitments to the MTCR. The MTCR contributes to
international peace and security by promoting greater responsibility in
transfers of missile technology items that could make a contribution to
delivery systems (other than manned aircraft) for weapons of mass
destruction. The MTCR consists of 34 member countries that act on a
consensus basis and the changes set forth in this rule implement
agreements reached by MTCR member countries at the October 2013 Plenary
in Rome, Italy. Since the United States is a significant exporter of
the items in this rule, implementation of this provision is necessary
for the MTCR to achieve its purpose. Moreover, it is in the public's
interest to waive the notice and comment requirements, as any delay in
implementing this rule will disrupt the movement of affected items
globally because of disharmony between export control measures
implemented by MTCR members, resulting in tension between member
countries. Export controls work best when all countries implement the
same export controls in a timely manner. If this rulemaking were
delayed to allow for notice and comment and a 30 day delay in
effectiveness, it would prevent the United States from fulfilling its
commitment to the MTCR in a timely manner, would injure the credibility
of the United States in this and other multilateral regimes, and may
impair the international communities' ability to effectively control
the export of certain potentially national- and international-security-
threatening materials.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Therefore, this regulation is issued in final form.

List of Subjects

15 CFR Part 772

Exports.

15 CFR Part 774

Exports, Reporting and recordkeeping requirements.

Accordingly, parts 772 and 774 of the Export Administration
Regulations (15 CFR parts 730-774) are amended as follows:

PART 772--[AMENDED]

0
1. The authority citation for 15 CFR part 772 continues to read as
follows:

Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August
8, 2013, 78 FR 49107 (August 12, 2013).

0
2. Section 772.1 is amended:
0
a. By revising Technical Notes b.2 of the ``payload'' definition; and
0
b. By adding, in alphabetical order, a second definition of
``repeatability'' as set forth below:

Sec. 772.1 Definitions of terms as used in the Export Administration
Regulations (EAR).

* * * * *
Payload. * * *
NOTE: * * *
TECHNICAL NOTES:
a. * * *
b. Space Launch Vehicles--``Payload'' includes:
1. * * *
2. Spacecraft-to-launch vehicle adapters including, if applicable,
apogee/perigee kick motors or similar maneuvering systems and
separation systems;
* * *
* * * * *
``Repeatability''. (MTCR Context only) (Cat 7)--According to IEEE
Standard for Inertial Sensor Terminology 528-2001 in the Definitions
section paragraph 2.214 titled repeatability (gyro, accelerometer) as
follows: ``The closeness of agreement among repeated measurements of
the same variable under the same operating conditions when changes in
conditions or non-operating periods occur between measurements.''
* * * * *

PART 774--[AMENDED]

0
3. The authority citation for 15 CFR part 774 continues to read 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. 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); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B102 is amended by revising ``items'' paragraph a in the List
of Items Controlled section to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
1B102 Metal powder ``production equipment,'' other than that
specified in

[[Page 30024]]

1B002, and ``parts'' and ``components'' as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

a. Metal powder ``production equipment'' usable for the
``production'', in a controlled environment, of spherical,
spheroidal or atomized materials specified in 1C011.a., 1C011.b.,
1C111.a.1., 1C111.a.2., or controlled for MT reasons in Category V
of the USML.
* * * * *

0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1B117 is amended:
0
a. By revising ``items'' paragraph b in the List of Items Controlled
section; and
0
b. By adding a note to ``items'' paragraph b in the List of Items
Controlled section to read as follows:

1B117 Batch mixers with provision for mixing under vacuum in the
range from zero to 13.326 kPa and with temperature control
capability of the mixing chamber and having all of the following
characteristics (see List of Items Controlled), and ``specially
designed'' ``parts'' and ``components'' therefor.
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
b. At least one `mixing/kneading shaft' mounted off center.

Note to paragraph b: In 1B117.b. the term `mixing/kneading
shaft' does not refer to deagglomerators or knife-spindles.

0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D001 is amended by revising the second entry in the License
Requirements table to read as follows:

1D001 ``Software'' ``specially designed'' or modified for the
``development'', ``production'' or ``use'' of equipment controlled
by 1B001 to 1B003.

License Requirements

Reason for Control: * * *

Country chart (see Supp. No.
Control(s) 1 to part 738).

* * * * *
MT applies to ``software'' for the MT Column 1
``development,'' ``production,''
operation, or maintenance of items
controlled by 1B001 for MT reasons.

* * * * *

0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D018 is amended by revising the second entry in the License
Requirements table to read as follows:

1D018 ``Software'' ``specially designed'' or modified for the
``development'', ``production'', or ``use'' of items controlled by
1B018.

License Requirements

Reason for Control: * * *

Country chart (see Supp. No.
Control(s) 1 to part 738).

* * * * *
MT applies to ``software'' for the
``development'', ``production'',
operation, or maintenance of items
controlled by 1B018 for MT reasons.

* * * * *

0
8. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms'' and ``Toxins,'' Export Control Classification Number
(ECCN) 1D101 is amended by revising the heading to read as follows:

1D101 ``Software'' ``specially designed'' or modified for the
operation or maintenance of commodities controlled by 1B101, 1B102,
1B115, 1B117, 1B118, or 1B119.
* * * * *

0
9. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 6--Sensors and Lasers, Export Control Classification Number
(ECCN) 6A107 is amended:
0
a. By revising the heading; and
0
b. By revising the ``items'' paragraph in the List of Items Controlled
section to read as follows:

6A107 Gravity meters (gravimeters) or gravity gradiometers, other
than those controlled by 6A007, designed or modified for airborne or
marine use, as follows, (see List of Items Controlled) and
``specially designed'' ``parts'' and ``components'' therefor.
* * * * *

List of Items Controlled

* * * * *
Items:

a. Gravity meters having all the following:
1. A static or operational accuracy equal to or less (better)
than 0.7 milligal (mgal); and
2. A time to steady-state registration of two minutes or less.
b. Gravity gradiometers.

0
10. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A101 is amended by revising ``items'' paragraph a.2 in
the List of Items Controlled section to read as follows:

9A101 Turbojet and turbofan engines, other than those controlled by
9A001, as follows (see List of Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

a. * * *
* * * * *
a.2. Specific fuel consumption of 0.15 kg N ^-1 h
^-1 or less (at maximum continuous power at sea level
static conditions using the ICAO standard atmosphere); or
* * * * *

0
11. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion add new ECCN 9A102 between ECCNs
9A101 and 9A103 to read as follows:

9A102 `Turboprop engine systems' ``specially designed'' for items
controlled in 9A012 for MT reasons, and ``specially designed''
``parts'' and ``components'' therefor, having a maximum power
greater than 10 kW (achieved uninstalled at sea level static
conditions using the ICAO standard atmosphere), excluding civil
certified engines.

License Requirements

Reason for Control: MT, AT

Country chart (see Supp. No.
Control(s) 1 to part 738).

MT applies to entire entry................ MT Column 1
AT applies to entire entry................ AT Column 1

[[Page 30025]]

List Based License Exceptions (See Part 740 for a description of all
license exceptions)

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Related Controls: (1) See also 9A001 and 9A101.
Related Definitions: N/A
Items:

The list of items controlled is contained in the ECCN heading.

Technical Note to 9A102: For the purposes of 9A102 a `turboprop
engine system' incorporates all of the following:
a. Turboshaft engine; and
b. Power transmission system to transfer the power to a
propeller.

0
12. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9B106 is amended by revising ``items'' paragraph a.2 in
the List of Items Controlled section to read as follows:

9B106 Environmental chambers usable for rockets, missiles, or
unmanned aerial vehicles capable of achieving a ``range'' equal to
or greater than 300 km and their subsystems, as follows (see List of
Items Controlled).
* * * * *

List of Items Controlled

* * * * *
Items:

a. * * *
* * * * *
a.2. Incorporating, or designed or modified to incorporate, a
shaker unit or other vibration test equipment to produce vibration
environments equal to or greater than 10 g rms, measured `bare
table', between 20 Hz and 2 kHz while imparting forces equal to or
greater than 5 kN;
Technical Notes: * * *
* * * * *

Dated: May 21, 2014.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2014-12152 Filed 5-23-14; 8:45 am]
BILLING CODE 3510-33-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.