Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements, 18522-18526 [2015-07872]
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Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations
* * *
Issued in Washington, DC, on April 1,
2015.
Gary A. Norek,
Manager, Airspace Policy and Regulations
Group.
[FR Doc. 2015–08005 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 141204999–5186–01]
RIN 0694–AG41
Revisions to the Export Administration
Regulations Based on the 2014 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 September and
October 2014 Plenary in Oslo, Norway,
and pursuant to the 2014 Technical
Experts Meeting in Prague, Czech
Republic. This rule also makes
conforming changes to correlate the
Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the
EAR) with the current MTCR Annex.
This final rule revises six Export Control
Classification Numbers (ECCNs) to
implement the changes that were agreed
to at the meetings and to better align the
MT controls on the CCL with the MTCR
Annex.
DATES: This rule is effective April 7,
2015.
SUMMARY:
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:
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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
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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 regime’s
Guidelines are implemented through the
national export control laws, regulations
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 September and October
2014 Plenary in Oslo, Norway and
pursuant to the 2014 Technical Experts
Meeting in Prague, Czech Republic.
Corresponding MTCR Annex references
are provided below for the MTCR
Annex changes agreed to at the
meetings. This rule also makes three
conforming changes to correlate the
Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the
EAR) with the current MTCR Annex.
These conforming changes are made to
better align the MT controls on the CCL
with the MTCR Annex. In the
explanation below for the revisions
made in this rule, BIS identifies these
changes as follows: ‘‘Oslo 2014
Plenary,’’ ‘‘Prague 2014 TEM,’’ and
‘‘CCL Conforming Change to MTCR
Annex’’ to assist the public in
understanding the origin of each change
included in this final rule.
Specifically, the following six ECCNs
are affected by the changes set forth in
this final rule:
ECCN 1C111. This final rule amends
ECCN 1C111 by revising paragraph a.1
in the List of Items Controlled section to
correct an omission error in the ISO
standard referenced in order to
reference the proper standard.
Specifically, this final rule adds a dash
and the number one ‘‘–1’’ after the
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number 2591, so the ISO standard
correctly reads ‘‘ISO 2591–1:1988.’’
(MTCR Annex Change, Category II: Item
4.C.2.c., Prague 2014 TEM). This change
is not expected to have any impact on
the number of license applications
received by BIS.
ECCN 1C111. This final rule also
amends ECCN 1C111 by revising the
Technical Note to paragraph b.5 and
paragraphs d.7, d.14 and d.18 in the List
of Items Controlled section to add CAS
(Chemical Abstracts Service) Numbers.
CAS Numbers are a numerical identifier
assigned by the Chemical Abstracts
Service (CAS) to every chemical
substance described in the open
scientific literature, including organic
and inorganic compounds, minerals,
isotopes and alloys. The inclusion of
CAS Numbers will make it easier to
identify the materials controlled under
these ‘‘items’’ paragraphs of 1C111.
Specifically, this final rule revises the
Technical Note to paragraph b.5 to add
the CAS Number ‘‘(CAS 110–63–4)’’
after the material ‘‘poly 1,4-Butanediol’’
and the CAS Number ‘‘(CAS 25322–68–
3)’’ after the material ‘‘polyethylene
glycol (PEG).’’ (MTCR Annex Change,
Category II: Item 4.C.5.g., Oslo 2014
Plenary). This final rule revises
paragraph d.7 to add the CAS Number
‘‘(CAS 5164–11–4)’’ after ‘‘N,N
diallylhydrazine.’’ (MTCR Annex
Change, Category II: Item 4.C.2.b.6.,
Oslo 2014 Plenary). This final rule
revises paragraph d.14 to add the CAS
Number ‘‘(CAS 13464–98–7)’’ after the
material ‘‘Hydrazinium dinitrate.’’
(MTCR Annex Change, Category II: Item
4.C.2.b.13., Oslo 2014 Plenary). Lastly,
this final rule revises paragraph d.18 to
add the CAS Number ‘‘(CAS 29674–96–
2)’’ after the material ‘‘Methylhydrazine
nitrate (MHN).’’ (MTCR Annex Change,
Category II: Item 4.C.2.b.18., Oslo 2014
Plenary). These changes are not
expected to have any impact on the
number of license applications received
by BIS.
ECCN 3A101. This final rule revises
paragraph a.2.a to remove paragraph
a.2.a.1 and revises paragraph a.2.b to
remove paragraph a.2.b.1 in the List of
Items Controlled section because the
quantization requirement was removed
in the MTCR Annex. This final rule also
redesignates paragraph a.2.a.2 as new
paragraph a.2.a.1, and paragraph a.2.a.3
as new paragraph a.2.a.2 as a
conforming change to the removal of
items paragraph a.2.a.1. This final rule
also redesignates paragraph a.2.b.2 as
new paragraph a.2.b.1 and paragraph
a.2.b.3 as new paragraph a.2.b.2 as a
conforming change to the removal of
paragraph a.2.b.1. (MTCR Annex
Change, Category II: Item 14.A.1.,
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Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations
Prague 2014 TEM). Paragraphs a.2.a and
a.2.b are being revised to correspond
with advances in technology. MTCR
partners agreed it was no longer
necessary to specify that the analogueto-digital converters have an 8 bit
quantization, as most microcircuits will
have this capability. Those at 8 bits or
above will remain controlled by ECCN
3A001.a.5.a., while the revised 3A101.a
will cover those less than 8-bits.
Although this change expands the scope
of the 3A101, this change is not
expected to have any impact on the
number of license applications received
by BIS because very few microcircuits
are currently classified under this
ECCN.
ECCN 9A106. This final rule revises
paragraph d and the Note to paragraph
d in the List of Items Controlled section.
(MTCR Annex Change, Category II: Item
3.A.5., Oslo 2014 Plenary). This final
rule revises ‘‘items’’ paragraph d by
removing the term ‘‘and’’ and then
adding the phrase ‘‘and gel’’ before the
term ‘‘propellant.’’ Paragraph d, as a
result of this change, will now control
liquid, slurry and gel propellant control
systems. These changes to paragraph d
are being made to better control the
components of propellant control
systems, as well as to clarify how the
parameters are applied in the context of
9A106. The term ‘‘gel’’ needs to be
added to the control parameter of
9A106.d because gel is not technically
a slurry. Therefore, in order to ensure
that all of the intended propellant
control systems are adequately
described under this paragraph d, the
term ‘‘gel’’ needs to be added.
Also in ECCN 9A106, this final rule
revises the Note to paragraph d to delete
the term ‘‘and’’ in the introductory text
and to add the phrase ‘‘and gas
turbines’’ after the term ‘‘pumps’’ to
clarify only servo valves, pumps and gas
turbines that are specified under
paragraphs a, b or c are classified under
9A106.d. In addition, this final rule
clarifies the scope of the Note to
paragraph d by adding the phrase ‘‘at
the maximum operating mode’’ after the
control parameter 8,000 rpm to add
greater specificity for how to apply this
control parameter. Lastly, this final rule
adds a new paragraph c to the Note to
paragraph d to specify that gas turbines,
for liquid propellant turbopumps, with
shaft speeds equal to or greater than
8,000 rpm at the maximum operating
mode are also controlled under
9A106.d. The changes will result in an
expansion of the control parameter, so
this change is expected to result in an
increase of 1–2 applications received
annually by BIS.
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ECCN 9A110. This final rule revises
the heading of ECCN 9A110. (Category
II: Item 6.A.1., CCL Conforming Change
to MTCR Annex). Prior to publication of
this final rule, the heading of 9A110
included references to several ECCNs
that are ‘‘subject to the ITAR’’ that
themselves refer to the USML. The
heading structure of 9A110 was slightly
convoluted and difficult to understand.
Therefore, this final rule revises the
heading of 9A110 to make the control
parameter simpler and clearer. The
revisions do not change the scope of
control of 9A110. These revisions to the
heading of 9A110, and the additions of
9A604.f and 9A610.t described below,
will better reflect the control text of the
MTCR Annex with the added benefits of
being simpler and easier to understand,
in particular for where composite
materials for commercial UAVs (under
9A110) are classified on the CCL and
where composite materials for military
UAVs (under 9A604.f and 9A610.t) are
classified on the CCL. This change to
9A110 is not expected to have any
impact on the number of license
applications received by BIS.
ECCN 9A604. This final rule adds a
new paragraph .f in the List of Items
Controlled section. (Category II: Item
6.A.1., CCL Conforming Change to
MTCR Annex). Paragraph f will control
composite structures, laminates and
manufactures thereof ‘‘specially
designed’’ for the items controlled
under USML Category IV that are
specified in paragraphs f.1–f.7. Such
commodities previously were classified
under ECCN 9A604.x. This final rule
adds a new paragraph f to allow a
clearer identification of these
commodities and for the designation of
MT license requirements. This final rule
also revises the ‘‘MT’’ control in the
Reason for Control paragraph in the
License Requirements section to add
9A604.f to the MT control. This
addition of 9A604.f is made for
consistency with the MTCR Annex.
Those composite structures, laminates
and manufactures thereof ‘‘specially
designed’’ for items controlled under
USML IV but that do not meet the
MTCR thresholds remain controlled
under 9A604.x. This change is not
expected to have any impact on the
number of license applications received
by BIS.
ECCN 9A610. This final rule adds a
new paragraph t in the List of Items
Controlled section. (Category II: Item
6.A.1., CCL Conforming Change to
MTCR Annex). Paragraph t will control
composite structures, laminates and
manufacturers thereof ‘‘specially
designed’’ for unmanned aerial vehicles
controlled under USML Category VIII(a)
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18523
with a range equal to or greater than 300
km. Such commodities previously were
classified under ECCNs 9A610.x. This
final rule adds new paragraph t to allow
a clearer identification of these
commodities and also for consistency
with the MTCR Annex. This final rule
also makes two conforming changes in
the Reason for Control paragraph in the
License Requirements section. First, this
final rule revises the ‘‘NS’’ control in the
Reason for Control paragraph in the
License Requirements section to add the
new 9A610.t to the list of 9A610
commodities that are not subject to the
‘‘NS’’ control. Second, this final rule
revises the ‘‘MT’’ control in the Reason
for Control paragraph in the License
Requirements section to add 9A610.t to
the MT control. Lastly, this final rule
revises the Related Control in the List of
Items Controlled section to remove
Related Controls paragraph (2) because
it is no longer needed due to the
revisions made to 9A110, 9A604 and
9A610. BIS evaluated whether adding a
Related Controls reference in 9A110 to
9A604.f and 9A610.t would be helpful,
but decided it was not needed because
the CCL Order of Review in Supplement
No. 4 to part 774 already directs persons
to review the 9x515 and ‘‘600 series’’
ECCNs prior to reviewing other ECCNs
on the CCL. 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 enroute aboard a
carrier to a port of export or reexport, on
April 7, 2015, 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 May 7, 2015. Any
such items not actually exported or
reexported before midnight, on May 7,
2015, 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 7,
2014, 79 FR 46959 (August 11, 2014),
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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.
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 may be
required to respond to or be subject to
a penalty for failure to comply with a
collection of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
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
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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 September and October 2014
Plenary in Oslo, Norway and at the 2014
Technical Experts Meeting in Prague,
Czech Republic 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 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. 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 in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, part 774 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
PART 774—[AMENDED]
1. The authority citation for 15 CFR
part 774 continues to read as follows:
■
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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 7, 2014, 79
FR 46959 (August 11, 2014).
2. 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)
1C111 is amended:
■ a. By revising the introductory text of
‘‘items’’ paragraph a.1 in the List of
Items Controlled section;
■ b. By revising the Technical Note to
‘‘items’’ paragraph b.5 in the List of
Items Controlled section; and
■ c. By revising ‘‘items’’ paragraphs d.7,
d.14, and d.18 in the List of Items
Controlled section to read as follows:
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
1C111 Propellants and Constituent
Chemicals for Propellants, Other Than
Those Specified in 1C011, as Follows
(See List of Items Controlled).
*
*
*
*
*
List of Items Controlled
*
*
*
*
*
Items:
a. * * *
a.1. Spherical or spheroidal
aluminum powder (C.A.S. 7429–90–5)
in particle size of less than 200 × 10¥6
m (200 mm) and an aluminum content
of 97% by weight or more, if at least 10
percent of the total weight is made up
of particles of less than 63 mm,
according to ISO 2591–1:1988 or
national equivalents.
*
*
*
*
*
b. * * *
*
*
*
*
*
b.5. * * *
Technical Note: Polytetrahydrofuran
polyethylene glycol (TPEG) is a block
copolymer of poly 1,4-Butanediol (CAS 110–
63–4) and polyethylene glycol (PEG) (CAS
25322–68–3).
*
*
*
*
*
d. * * *
*
*
*
*
*
d.7. N,N diallylhydrazine (CAS 5164–
11–4);
*
*
*
*
*
d.14. Hydrazinium dinitrate (CAS
13464–98–7);
*
*
*
*
*
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d.18. Methylhydrazine nitrate (MHN)
(CAS 29674–96–2);
*
*
*
*
*
■ 3. In Supplement No. 1 to part 774
(the Commerce Control List), Category
3—Electronics, Export Control
Classification Number (ECCN) 3A101 is
amended by revising ‘‘items’’
paragraphs a.2.a and a.2.b in the List of
Items Controlled section to read as
follows:
3A101 Electronic Equipment, Devices,
‘‘Parts’’ and ‘‘Components,’’ Other Than
Those Controlled by 3A001, as Follows
(See List of Items Controlled).
*
*
*
*
*
environments greater than 10 g rms
between 20 Hz and 2000 Hz.
Note: The only servo valves, pumps and
gas turbines controlled by 9A106.d, are the
following:
a. Servo valves designed for flow rates
equal to or greater than 24 liters per minute,
at an absolute pressure equal to or greater
than 7 MPa, that have an actuator response
time of less than 100 ms;
b. Pumps, for liquid propellants, with shaft
speeds equal to or greater than 8,000 rpm at
the maximum operating mode or with
discharge pressures equal to or greater than
7 Mpa; or
c. Gas turbines, for liquid propellant
turbopumps, with shaft speeds equal to or
greater than 8,000 rpm at the maximum
operating mode.
List of Items Controlled
*
*
■
*
*
*
*
Items:
*
*
*
*
*
a. * * *
a.2.a. Analog-to-digital converter
microcircuits which are radiationhardened or have all of the following
characteristics:
a.2.a.1. Rated for operation in the
temperature range from below ¥54°C to
above +125°C; and
a.2.a.2. Hermetically sealed; or
a.2.b. Electrical input type analog-todigital converter printed circuit boards
or modules, having all of the following
characteristics:
a.2.b.1. Rated for operation in the
temperature range from below ¥45°C to
above +80°C; and
a.2.b.2. Incorporating microcircuits
identified in 3A101.a.2 .a;
*
*
*
*
*
■ 4. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A106 is amended by revising ‘‘items’’
paragraph d, including the Note to
paragraph d, in the List of Items
Controlled section to read as follows:
9A106 Systems, ‘‘Parts’’ or
‘‘Components,’’ Other Than Those
Controlled by 9A006, Usable in
‘‘Missiles’’, and ‘‘Specially Designed’’
for Liquid Rocket Propulsion Systems,
as Follows (See List of Items
Controlled).
*
*
*
*
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9A110 Composite Structures,
Laminates and Manufactures Thereof
‘‘Specially Designed’’ for 9A012 Items
That are Controlled for MT Reasons.
*
*
*
*
List of Items Controlled
Related Controls: See also 1A002.
*
*
*
*
*
■ 6. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A604 is amended:
■ a. By revising the third entry in the
License Requirements table; and
■ b. By adding items paragraph f. to the
List of Items Controlled section to read
as follows:
9A604 Commodities Related to
Launch Vehicles, Missiles, and Rockets
(See List of Items Controlled).
9A610 Military Aircraft and Related
Commodities, Other Than Those
Enumerated in 9A991.a (See List of
Items Controlled).
License Requirements
Reason for Control: * * *
License Requirements
Reason for Control: * * *
Country chart
(see Supp. No.
1 to part 738)
Control(s)
Country chart
(see Supp. No.
1 to part 738)
Control(s)
*
List of Items Controlled
*
*
*
*
*
Items:
*
*
*
*
*
d. Liquid, slurry and gel propellant
(including oxidizers) control systems,
and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor, designed or
modified to operate in vibration
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*
*
5. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A110 is amended:
■ a. By revising the heading; and
■ b. By revising the Related Controls
paragraph in the List of Items Controlled
section to read as follows:
*
Items:
*
*
*
*
f. Composite structures, laminates and
manufactures thereof ‘‘specially
designed’’ for the following items
controlled under USML Category IV:
f.1. Systems capable of a range equal
to or greater than 300 km;
f.2. Individual rocket stages usable in
9A604.f.1. systems;
f.3. Solid propellant rocket motors or
hybrid rocket motors having a total
impulse capacity equal to or greater
than 8.41 × 105 Ns; or
f.4. Liquid propellant rocket engines
integrated, or designed or modified to be
integrated, into a liquid propellant
propulsion system which has a total
impulse capacity equal to or greater
than 8.41 × 105 Ns.
f.5. Thrust vector control systems
usable in rockets, space launch vehicles
(SLVs), and missiles capable of
delivering at least a 500 kg payload to
a range of at least 300 km.
f.6. Re-entry vehicles or warhead heat
shields usable in rockets, SLVs, and
missiles capable of delivering at least a
500 kg payload to a range of at least 300
km.
f.7. Safing, arming, fuzing, and firing
components usable in rockets, SLVs,
and missiles capable of delivering at
least a 500 kg payload to a range of at
least 300 km.
*
*
*
*
*
■ 7. In Supplement No. 1 to part 774
(the Commerce Control List), Category
9—Aerospace and Propulsion, Export
Control Classification Number (ECCN)
9A610 is amended:
■ a. By revising the first and third
entries in the License Requirements
table; and
■ b. By adding ‘‘items’’ paragraph t to
the List of Items Controlled section to
read as follows:
*
15:31 Apr 06, 2015
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MT applies to 9A604.a, .c,
.d, and .f.
*
*
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*
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*
MT Column 1.
*
*
NS applies to entire entry
except 9A610.t, .u, .v,
.w, and .y.
NS Column 1.
*
*
*
MT applies to 9A610.t, .u,
.v, and .w.
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MT Column 1.
*
*
List of Items Controlled
*
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18526
Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations
List of Items Controlled
*
*
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*
*
Items:
*
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*
*
*
t. Composite structures, laminates and
manufactures thereof ‘‘specially
designed’’ for unmanned aerial vehicles
controlled under USML Category VIII(a)
with a range equal to or greater than 300
km.
*
*
*
*
*
document makes corrections to the peracre values for the State of Alaska in the
final rule published in the Federal
Register on January 20, 2015 (80 FR
2591).
List of Subjects in 18 CFR Part 11
Public lands.
Accordingly, 18 CFR part 11 is
corrected by making the following
correcting amendments:
PART 11—ANNUAL CHARGES UNDER
PART I OF THE FEDERAL POWER ACT
Dated: April 1, 2015.
Kevin J. Wolf,
Assistant Secretary for Export
Administration.
1. The authority citation for Part 11
continues to read as follows:
■
[FR Doc. 2015–07872 Filed 4–6–15; 8:45 am]
Authority: 16 U.S.C. 792–828c; 42 U.S.C.
7101–7352.
BILLING CODE CODE 3510–33–P
DEPARTMENT OF ENERGY
2. Amend Appendix A to Part 11 by
revising the entries for Alaska to read as
follows:
Federal Energy Regulatory
Commission
Appendix A to Part 11—Fee Schedule
for FY 2015
■
18 CFR Part 11
State
[Docket No. RM11–6–000]
Annual Update to Fee Schedule for the
Use of Government Lands by
Hydropower Licensees
*
Alaska
Federal Energy Regulatory
Commission, DOE.
ACTION: Correcting amendments.
AGENCY:
The Federal Energy
Regulatory Commission published a
document in the Federal Register on
Tuesday, January 20, 2015 (80 FR 2591),
providing the annual update to the fee
schedule in Appendix A to Part 11,
which lists per-acre rental fees by
county (or other geographic area) for use
of government lands by hydropower
licensees and updating Appendix A to
Part 11 with the fee schedule of per-acre
rental fees by county (or other
geographic area) from October 1, 2014,
through September 30, 2015 (Fiscal Year
2015).
DATES: Effective April 7, 2015.
FOR FURTHER INFORMATION CONTACT:
Norman Richardson, Financial
Management Division, Office of the
Executive Director, Federal Energy
Regulatory Commission, 888 First Street
NE., Washington, DC 20426, (202) 502–
6219, Norman.Richardson@ferc.gov.
SUPPLEMENTARY INFORMATION: This is a
summary of FERC’s Errata Notice,
issued on March 30, 2015.
On January 8, 2015, the Commission
issued a Final Rule in the abovecaptioned proceeding. Annual Update
to Fee Schedule for the Use of
Government Lands by Hydropower
License, 150 FERC ¶ 62,012 (2015). This
rljohnson on DSK3VPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:31 Apr 06, 2015
Jkt 235001
Fee/
Acre Yr
County
*
*
*
Aleutian Islands Area ......
Anchorage Area ..............
Fairbanks Area ................
Juneau Area ....................
Kenai Peninsula ..............
All Areas ..........................
*
*
*
*
*
$1.58
33.28
19.49
33.28
33.28
9.81
*
Issued: March 30, 2015.
Kimberly D. Bose,
Secretary.
[FR Doc. 2015–07927 Filed 4–6–15; 8:45 am]
BILLING CODE CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R10–OAR–2014–0477; FRL–9925–77–
Region 10]
Approval and Promulgation of
Implementation Plans; Idaho
AGENCY:
Environmental Protection
Agency.
Final rule.
ACTION:
The Environmental Protection
Agency (EPA) is taking final action to
partially approve the May 22, 2014,
State Implementation Plan (SIP)
submittal from Idaho to revise the SIP
to update the incorporation by reference
of Federal air quality regulations into
the SIP. The EPA is also taking final
action to partially disapprove Idaho’s
SUMMARY:
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
incorporation by reference of certain
provisions of the Federal prevention of
significant deterioration (PSD)
permitting rules that have been vacated
by a Federal Court. As a result of this
action, the Idaho SIP is updated to
incorporate by reference certain Federal
regulations as of July 1, 2013.
DATES: This final rule is effective on
May 7, 2015.
ADDRESSES: The EPA has established a
docket for this action under Docket
Identification No. EPA–R10–OAR–
2014–0477. All documents in the docket
are listed on the https://
www.regulations.gov Web site. Although
listed in the index, some information
may not be publicly available, i.e.,
Confidential Business Information or
other information the disclosure of
which is restricted by statute. Certain
other material, such as copyrighted
material, is not placed on the Internet
and will be publicly available only in
hard copy form. Publicly available
docket materials are available either
electronically through https://
www.regulations.gov or in hard copy at
EPA Region 10, Office of Air, Waste,
and Toxics, AWT–150, 1200 Sixth
Avenue, Seattle, Washington 98101. The
EPA requests that you contact the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m., excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Donna Deneen at (206) 553–6706,
deneen.donna@epa.gov, or by using the
above EPA, Region 10 address.
SUPPLEMENTARY INFORMATION:
Throughout this document wherever
‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is
intended to refer to the EPA.
Table of Contents
I. Background
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
I. Background
In a notice of proposed rulemaking
published on January 7, 2015 (80 FR
834), the EPA proposed action on
revisions to the Idaho SIP to account for
regulatory updates adopted by the Idaho
Board of Environmental Quality on
October 17, 2013 and submitted to the
EPA on May 22, 2014. Please see our
January 7, 2015, proposed rulemaking
for further explanation of the revisions
and the basis for our proposal to
partially approve and partially
disapprove the May 22, 2014, SIP
submittal from Idaho. The public
E:\FR\FM\07APR1.SGM
07APR1
]]>Agencies
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18522-18526]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-07872]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 141204999-5186-01]
RIN 0694-AG41
Revisions to the Export Administration Regulations Based on the
2014 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 September and October 2014 Plenary in
Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in
Prague, Czech Republic. This rule also makes conforming changes to
correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774
of the EAR) with the current MTCR Annex. This final rule revises six
Export Control Classification Numbers (ECCNs) to implement the changes
that were agreed to at the meetings and to better align the MT controls
on the CCL with the MTCR Annex.
DATES: This rule is effective April 7, 2015.
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 regime's Guidelines are
implemented through the national export control laws, regulations 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 September and October 2014 Plenary in Oslo,
Norway and pursuant to the 2014 Technical Experts Meeting in Prague,
Czech Republic. Corresponding MTCR Annex references are provided below
for the MTCR Annex changes agreed to at the meetings. This rule also
makes three conforming changes to correlate the Commerce Control List
(CCL) (Supplement No. 1 to Part 774 of the EAR) with the current MTCR
Annex. These conforming changes are made to better align the MT
controls on the CCL with the MTCR Annex. In the explanation below for
the revisions made in this rule, BIS identifies these changes as
follows: ``Oslo 2014 Plenary,'' ``Prague 2014 TEM,'' and ``CCL
Conforming Change to MTCR Annex'' to assist the public in understanding
the origin of each change included in this final rule.
Specifically, the following six ECCNs are affected by the changes
set forth in this final rule:
ECCN 1C111. This final rule amends ECCN 1C111 by revising paragraph
a.1 in the List of Items Controlled section to correct an omission
error in the ISO standard referenced in order to reference the proper
standard. Specifically, this final rule adds a dash and the number one
``-1'' after the number 2591, so the ISO standard correctly reads ``ISO
2591-1:1988.'' (MTCR Annex Change, Category II: Item 4.C.2.c., Prague
2014 TEM). This change is not expected to have any impact on the number
of license applications received by BIS.
ECCN 1C111. This final rule also amends ECCN 1C111 by revising the
Technical Note to paragraph b.5 and paragraphs d.7, d.14 and d.18 in
the List of Items Controlled section to add CAS (Chemical Abstracts
Service) Numbers. CAS Numbers are a numerical identifier assigned by
the Chemical Abstracts Service (CAS) to every chemical substance
described in the open scientific literature, including organic and
inorganic compounds, minerals, isotopes and alloys. The inclusion of
CAS Numbers will make it easier to identify the materials controlled
under these ``items'' paragraphs of 1C111. Specifically, this final
rule revises the Technical Note to paragraph b.5 to add the CAS Number
``(CAS 110-63-4)'' after the material ``poly 1,4-Butanediol'' and the
CAS Number ``(CAS 25322-68-3)'' after the material ``polyethylene
glycol (PEG).'' (MTCR Annex Change, Category II: Item 4.C.5.g., Oslo
2014 Plenary). This final rule revises paragraph d.7 to add the CAS
Number ``(CAS 5164-11-4)'' after ``N,N diallylhydrazine.'' (MTCR Annex
Change, Category II: Item 4.C.2.b.6., Oslo 2014 Plenary). This final
rule revises paragraph d.14 to add the CAS Number ``(CAS 13464-98-7)''
after the material ``Hydrazinium dinitrate.'' (MTCR Annex Change,
Category II: Item 4.C.2.b.13., Oslo 2014 Plenary). Lastly, this final
rule revises paragraph d.18 to add the CAS Number ``(CAS 29674-96-2)''
after the material ``Methylhydrazine nitrate (MHN).'' (MTCR Annex
Change, Category II: Item 4.C.2.b.18., Oslo 2014 Plenary). These
changes are not expected to have any impact on the number of license
applications received by BIS.
ECCN 3A101. This final rule revises paragraph a.2.a to remove
paragraph a.2.a.1 and revises paragraph a.2.b to remove paragraph
a.2.b.1 in the List of Items Controlled section because the
quantization requirement was removed in the MTCR Annex. This final rule
also redesignates paragraph a.2.a.2 as new paragraph a.2.a.1, and
paragraph a.2.a.3 as new paragraph a.2.a.2 as a conforming change to
the removal of items paragraph a.2.a.1. This final rule also
redesignates paragraph a.2.b.2 as new paragraph a.2.b.1 and paragraph
a.2.b.3 as new paragraph a.2.b.2 as a conforming change to the removal
of paragraph a.2.b.1. (MTCR Annex Change, Category II: Item 14.A.1.,
[[Page 18523]]
Prague 2014 TEM). Paragraphs a.2.a and a.2.b are being revised to
correspond with advances in technology. MTCR partners agreed it was no
longer necessary to specify that the analogue-to-digital converters
have an 8 bit quantization, as most microcircuits will have this
capability. Those at 8 bits or above will remain controlled by ECCN
3A001.a.5.a., while the revised 3A101.a will cover those less than 8-
bits. Although this change expands the scope of the 3A101, this change
is not expected to have any impact on the number of license
applications received by BIS because very few microcircuits are
currently classified under this ECCN.
ECCN 9A106. This final rule revises paragraph d and the Note to
paragraph d in the List of Items Controlled section. (MTCR Annex
Change, Category II: Item 3.A.5., Oslo 2014 Plenary). This final rule
revises ``items'' paragraph d by removing the term ``and'' and then
adding the phrase ``and gel'' before the term ``propellant.'' Paragraph
d, as a result of this change, will now control liquid, slurry and gel
propellant control systems. These changes to paragraph d are being made
to better control the components of propellant control systems, as well
as to clarify how the parameters are applied in the context of 9A106.
The term ``gel'' needs to be added to the control parameter of 9A106.d
because gel is not technically a slurry. Therefore, in order to ensure
that all of the intended propellant control systems are adequately
described under this paragraph d, the term ``gel'' needs to be added.
Also in ECCN 9A106, this final rule revises the Note to paragraph d
to delete the term ``and'' in the introductory text and to add the
phrase ``and gas turbines'' after the term ``pumps'' to clarify only
servo valves, pumps and gas turbines that are specified under
paragraphs a, b or c are classified under 9A106.d. In addition, this
final rule clarifies the scope of the Note to paragraph d by adding the
phrase ``at the maximum operating mode'' after the control parameter
8,000 rpm to add greater specificity for how to apply this control
parameter. Lastly, this final rule adds a new paragraph c to the Note
to paragraph d to specify that gas turbines, for liquid propellant
turbopumps, with shaft speeds equal to or greater than 8,000 rpm at the
maximum operating mode are also controlled under 9A106.d. The changes
will result in an expansion of the control parameter, so this change is
expected to result in an increase of 1-2 applications received annually
by BIS.
ECCN 9A110. This final rule revises the heading of ECCN 9A110.
(Category II: Item 6.A.1., CCL Conforming Change to MTCR Annex). Prior
to publication of this final rule, the heading of 9A110 included
references to several ECCNs that are ``subject to the ITAR'' that
themselves refer to the USML. The heading structure of 9A110 was
slightly convoluted and difficult to understand. Therefore, this final
rule revises the heading of 9A110 to make the control parameter simpler
and clearer. The revisions do not change the scope of control of 9A110.
These revisions to the heading of 9A110, and the additions of 9A604.f
and 9A610.t described below, will better reflect the control text of
the MTCR Annex with the added benefits of being simpler and easier to
understand, in particular for where composite materials for commercial
UAVs (under 9A110) are classified on the CCL and where composite
materials for military UAVs (under 9A604.f and 9A610.t) are classified
on the CCL. This change to 9A110 is not expected to have any impact on
the number of license applications received by BIS.
ECCN 9A604. This final rule adds a new paragraph .f in the List of
Items Controlled section. (Category II: Item 6.A.1., CCL Conforming
Change to MTCR Annex). Paragraph f will control composite structures,
laminates and manufactures thereof ``specially designed'' for the items
controlled under USML Category IV that are specified in paragraphs f.1-
f.7. Such commodities previously were classified under ECCN 9A604.x.
This final rule adds a new paragraph f to allow a clearer
identification of these commodities and for the designation of MT
license requirements. This final rule also revises the ``MT'' control
in the Reason for Control paragraph in the License Requirements section
to add 9A604.f to the MT control. This addition of 9A604.f is made for
consistency with the MTCR Annex. Those composite structures, laminates
and manufactures thereof ``specially designed'' for items controlled
under USML IV but that do not meet the MTCR thresholds remain
controlled under 9A604.x. This change is not expected to have any
impact on the number of license applications received by BIS.
ECCN 9A610. This final rule adds a new paragraph t in the List of
Items Controlled section. (Category II: Item 6.A.1., CCL Conforming
Change to MTCR Annex). Paragraph t will control composite structures,
laminates and manufacturers thereof ``specially designed'' for unmanned
aerial vehicles controlled under USML Category VIII(a) with a range
equal to or greater than 300 km. Such commodities previously were
classified under ECCNs 9A610.x. This final rule adds new paragraph t to
allow a clearer identification of these commodities and also for
consistency with the MTCR Annex. This final rule also makes two
conforming changes in the Reason for Control paragraph in the License
Requirements section. First, this final rule revises the ``NS'' control
in the Reason for Control paragraph in the License Requirements section
to add the new 9A610.t to the list of 9A610 commodities that are not
subject to the ``NS'' control. Second, this final rule revises the
``MT'' control in the Reason for Control paragraph in the License
Requirements section to add 9A610.t to the MT control. Lastly, this
final rule revises the Related Control in the List of Items Controlled
section to remove Related Controls paragraph (2) because it is no
longer needed due to the revisions made to 9A110, 9A604 and 9A610. BIS
evaluated whether adding a Related Controls reference in 9A110 to
9A604.f and 9A610.t would be helpful, but decided it was not needed
because the CCL Order of Review in Supplement No. 4 to part 774 already
directs persons to review the 9x515 and ``600 series'' ECCNs prior to
reviewing other ECCNs on the CCL. 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 enroute aboard a carrier
to a port of export or reexport, on April 7, 2015, 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 May 7, 2015. Any such items not actually
exported or reexported before midnight, on May 7, 2015, 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 7, 2014, 79 FR 46959 (August 11, 2014),
[[Page 18524]]
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.
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 may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid 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 September and
October 2014 Plenary in Oslo, Norway and at the 2014 Technical Experts
Meeting in Prague, Czech Republic 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 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. 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 in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 774--[AMENDED]
0
1. 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 7, 2014, 79 FR 46959 (August 11, 2014).
0
2. 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) 1C111 is amended:
0
a. By revising the introductory text of ``items'' paragraph a.1 in the
List of Items Controlled section;
0
b. By revising the Technical Note to ``items'' paragraph b.5 in the
List of Items Controlled section; and
0
c. By revising ``items'' paragraphs d.7, d.14, and d.18 in the List of
Items Controlled section to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1C111 Propellants and Constituent Chemicals for Propellants, Other Than
Those Specified in 1C011, as Follows (See List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
a. * * *
a.1. Spherical or spheroidal aluminum powder (C.A.S. 7429-90-5) in
particle size of less than 200 x 10-\6\ m (200 [micro]m) and
an aluminum content of 97% by weight or more, if at least 10 percent of
the total weight is made up of particles of less than 63 [micro]m,
according to ISO 2591-1:1988 or national equivalents.
* * * * *
b. * * *
* * * * *
b.5. * * *
Technical Note: Polytetrahydrofuran polyethylene glycol (TPEG)
is a block copolymer of poly 1,4-Butanediol (CAS 110-63-4) and
polyethylene glycol (PEG) (CAS 25322-68-3).
* * * * *
d. * * *
* * * * *
d.7. N,N diallylhydrazine (CAS 5164-11-4);
* * * * *
d.14. Hydrazinium dinitrate (CAS 13464-98-7);
* * * * *
[[Page 18525]]
d.18. Methylhydrazine nitrate (MHN) (CAS 29674-96-2);
* * * * *
0
3. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 3--Electronics, Export Control Classification Number (ECCN)
3A101 is amended by revising ``items'' paragraphs a.2.a and a.2.b in
the List of Items Controlled section to read as follows:
3A101 Electronic Equipment, Devices, ``Parts'' and ``Components,''
Other Than Those Controlled by 3A001, as Follows (See List of Items
Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
a. * * *
a.2.a. Analog-to-digital converter microcircuits which are
radiation-hardened or have all of the following characteristics:
a.2.a.1. Rated for operation in the temperature range from below -
54[deg]C to above +125[deg]C; and
a.2.a.2. Hermetically sealed; or
a.2.b. Electrical input type analog-to-digital converter printed
circuit boards or modules, having all of the following characteristics:
a.2.b.1. Rated for operation in the temperature range from below -
45[deg]C to above +80[deg]C; and
a.2.b.2. Incorporating microcircuits identified in 3A101.a.2 .a;
* * * * *
0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A106 is amended by revising ``items'' paragraph d,
including the Note to paragraph d, in the List of Items Controlled
section to read as follows:
9A106 Systems, ``Parts'' or ``Components,'' Other Than Those Controlled
by 9A006, Usable in ``Missiles'', and ``Specially Designed'' for Liquid
Rocket Propulsion Systems, as Follows (See List of Items Controlled).
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
d. Liquid, slurry and gel propellant (including oxidizers) control
systems, and ``specially designed'' ``parts'' and ``components''
therefor, designed or modified to operate in vibration environments
greater than 10 g rms between 20 Hz and 2000 Hz.
Note: The only servo valves, pumps and gas turbines controlled
by 9A106.d, are the following:
a. Servo valves designed for flow rates equal to or greater than
24 liters per minute, at an absolute pressure equal to or greater
than 7 MPa, that have an actuator response time of less than 100 ms;
b. Pumps, for liquid propellants, with shaft speeds equal to or
greater than 8,000 rpm at the maximum operating mode or with
discharge pressures equal to or greater than 7 Mpa; or
c. Gas turbines, for liquid propellant turbopumps, with shaft
speeds equal to or greater than 8,000 rpm at the maximum operating
mode.
* * * * *
0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A110 is amended:
0
a. By revising the heading; and
0
b. By revising the Related Controls paragraph in the List of Items
Controlled section to read as follows:
9A110 Composite Structures, Laminates and Manufactures Thereof
``Specially Designed'' for 9A012 Items That are Controlled for MT
Reasons.
* * * * *
List of Items Controlled
Related Controls: See also 1A002.
* * * * *
0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A604 is amended:
0
a. By revising the third entry in the License Requirements table; and
0
b. By adding items paragraph f. to the List of Items Controlled section
to read as follows:
9A604 Commodities Related to Launch Vehicles, Missiles, and Rockets
(See List of Items Controlled).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Country chart (see Supp. No. 1
Control(s) to part 738)
------------------------------------------------------------------------
* * * * *
MT applies to 9A604.a, .c, .d, and .f.. MT Column 1.
* * * * *...............................
------------------------------------------------------------------------
* * * * *
List of Items Controlled
* * * * *
Items:
* * * * *
f. Composite structures, laminates and manufactures thereof
``specially designed'' for the following items controlled under USML
Category IV:
f.1. Systems capable of a range equal to or greater than 300 km;
f.2. Individual rocket stages usable in 9A604.f.1. systems;
f.3. Solid propellant rocket motors or hybrid rocket motors having
a total impulse capacity equal to or greater than 8.41 x 10\5\ Ns; or
f.4. Liquid propellant rocket engines integrated, or designed or
modified to be integrated, into a liquid propellant propulsion system
which has a total impulse capacity equal to or greater than 8.41 x
10\5\ Ns.
f.5. Thrust vector control systems usable in rockets, space launch
vehicles (SLVs), and missiles capable of delivering at least a 500 kg
payload to a range of at least 300 km.
f.6. Re-entry vehicles or warhead heat shields usable in rockets,
SLVs, and missiles capable of delivering at least a 500 kg payload to a
range of at least 300 km.
f.7. Safing, arming, fuzing, and firing components usable in
rockets, SLVs, and missiles capable of delivering at least a 500 kg
payload to a range of at least 300 km.
* * * * *
0
7. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 9--Aerospace and Propulsion, Export Control Classification
Number (ECCN) 9A610 is amended:
0
a. By revising the first and third entries in the License Requirements
table; and
0
b. By adding ``items'' paragraph t to the List of Items Controlled
section to read as follows:
9A610 Military Aircraft and Related Commodities, Other Than Those
Enumerated in 9A991.a (See List of Items Controlled).
License Requirements
Reason for Control: * * *
------------------------------------------------------------------------
Country chart (see Supp. No. 1
Control(s) to part 738)
------------------------------------------------------------------------
NS applies to entire entry except NS Column 1.
9A610.t, .u, .v, .w, and .y.
* * * * *
MT applies to 9A610.t, .u, .v, and .w.. MT Column 1.
* * * * *
------------------------------------------------------------------------
* * * * *
[[Page 18526]]
List of Items Controlled
* * * * *
Items:
* * * * *
t. Composite structures, laminates and manufactures thereof
``specially designed'' for unmanned aerial vehicles controlled under
USML Category VIII(a) with a range equal to or greater than 300 km.
* * * * *
Dated: April 1, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-07872 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 3510-33-P
