Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories XIV and XVIII, 34572-34579 [2015-14472]

Download as PDF 34572 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. 9. In Supplement No. 1 to Part 774 (the Commerce Control List), Category 6—Sensors and Lasers,’’ add a new ECCN 6E619 between ECCNs 6E202 and 6E990 to read as follows: ■ 6E619 ‘‘Technology’’ ‘‘required’’ for the ‘‘development,’’ ‘‘production,’’ operation, installation, maintenance, repair, overhaul or refurbishing of commodities controlled by 6B619 or ‘‘software’’ controlled by 6D619. License Requirements Reason for Control: NS, RS, AT, UN Control(s) NS applies to entire entry. RS applies to entire entry. AT applies to entire entry. UN applies to entire entry. Country chart (see Supp. No. 1 to Part 738) NS Column 1. RS Column 1. AT Column 1. See § 746.1(b) for UN controls. License Exceptions CIV: N/A TSR: N/A Special Conditions for STA STA: Paragraph (c)(2) of License Exception STA (§ 740.20(c)(2) of the EAR) may not be used for any item in 6E619. List of Items Controlled Related Controls: Technical data directly related to articles enumerated or otherwise described in USML Category XVIII are subject to the ITAR (See 22 CFR 121.1, Category XVIII(f)). Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. Dated: June 9, 2015. Kevin J. Wolf, Assistant Secretary for Export Administration. [FR Doc. 2015–14474 Filed 6–16–15; 8:45 am] BILLING CODE 3510–33–P DEPARTMENT OF STATE 22 CFR Part 121 srobinson on DSK5SPTVN1PROD with PROPOSALS RIN 1400–AD03 [Public Notice: 9166] Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories XIV and XVIII Department of State. Proposed rule. AGENCY: ACTION: VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 As part of the President’s Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories XIV (toxicological agents, including chemical agents, biological agents, and associated equipment) and XVIII (directed energy weapons) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The revisions contained in this rule are part of the Department of State’s retrospective plan under E.O. 13563 completed on August 17, 2011. The Department of State’s full plan can be accessed at http://www.state.gov/ documents/organization/181028.pdf. DATES: The Department of State will accept comments on this proposed rule until August 17, 2015. ADDRESSES: Interested parties may submit comments within 60 days of the date of publication by one of the following methods: • Email: DDTCPublicComments@state.gov with the subject line, ‘‘ITAR Amendment— Categories XIV and XVIII.’’ • Internet: At www.regulations.gov, search for this proposed rule by using this rule’s RIN (1400–AD03). Comments received after that date will be considered if feasible, but consideration cannot be assured. Those submitting comments should not include any personally identifying information they do not wish to be made public or information for which a claim of confidentiality is asserted because those comments and/or transmittal emails will be made available for public inspection and copying after the close of the comment period via the Directorate of Defense Trade Controls Web site at www.pmddtc.state.gov. Parties who wish to comment anonymously may do so by submitting their comments via www.regulations.gov, leaving the fields that would identify the commenter blank and including no identifying information in the comment itself. Comments submitted via www.regulations.gov are immediately available for public inspection. FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663–2792; email DDTCPublicComments@state.gov. ATTN: ITAR Amendment—USML Categories XIV and XVIII. SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls (DDTC), U.S. Department of State, administers the International Traffic in SUMMARY: PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 Arms Regulations (ITAR) (22 CFR parts 120–130). The items subject to the jurisdiction of the ITAR, i.e., ‘‘defense articles,’’ are identified on the ITAR’s U.S. Munitions List (USML) (22 CFR 121.1). With few exceptions, items not subject to the export control jurisdiction of the ITAR are subject to the jurisdiction of the Export Administration Regulations (‘‘EAR,’’ 15 CFR parts 730–774, which includes the Commerce Control List (CCL) in Supplement No. 1 to Part 774), administered by the Bureau of Industry and Security (BIS), U.S. Department of Commerce. Both the ITAR and the EAR impose license requirements on exports and reexports. Items not subject to the ITAR or to the exclusive licensing jurisdiction of any other set of regulations are subject to the EAR. Revision of Category XIV This proposed rule revises USML Category XIV, covering toxicological agents, including chemical agents, biological agents, and associated equipment. The revisions are proposed in order to advance the national security objectives of greater interoperability with U.S. allies, enhancing the defense industrial base, and permitting the U.S. government to focus its resources on transactions of greater concern. Additionally, the revisions are intended to more accurately describe the articles within the subject categories, in order to establish a ‘‘bright line’’ between the USML and the CCL for the control of these articles. This proposed rule implements changes consistent with the requirements of Executive Order 13546 on Optimizing the Security of Biological Select Agents and Toxins in the United States, which includes direction to address variations in, and limited coordination of, individual executive departments’ and agencies’ oversight that add to the cost and complexity of compliance. It also directs a risk-based tiering of the biological select agent list. As a result, the proposed control language in paragraph (b) adopts the ‘‘Tier 1’’ pathogens and toxins established in the Department of Health and Human Services and the United States Department of Agriculture select agent regulations (42 CFR part 73 and 9 CFR 121) for those pathogens and toxins that meet specific capabilities listed in paragraph (b). The Tier 1 pathogens and toxins that do not meet these capabilities remain controlled in Export Control Classification Number (ECCN) 1C351 or 1C352 on the CCL. Additionally, this rule, in concert with the analogous proposed rule published by the Department of E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules Commerce, proposes the movement of riot control agents to the export jurisdiction of the Department of Commerce, as well as the articles covered currently in paragraphs (j), (k), and (l), which include test facilities, equipment for the destruction of chemical and biological agents, and tooling for production of articles in paragraph (f), respectively. Other changes include the addition of paragraph (a)(5) to control chemical warfare agents ‘‘adapted for use in war’’ and not elsewhere enumerated, as well as the removal of paragraphs (f)(3) and (f)(6) and movement to the CCL of equipment for the sample collection and decontamination or remediation of chemical agents and biological agents. Paragraph (f)(5) for collective protection was removed and partially combined in (f)(4) or the CCL. Proposed paragraph (g) enumerates antibodies, recombinant protective antigens, polynucleotides, biopolymers, or biocatalysts exclusively funded by a Department of Defense contract for detection of the biological agents listed in paragraph (b)(1)(ii). The Department notes that the controls in paragraph (f)(2) that include the phrase ‘‘developed under a Department of Defense contract or other funding authorization’’ do not apply when the Department of Defense acts solely as a servicing agency for a contract on behalf of another agency of the U.S. government. The Department notes that the controls in paragraphs (g)(1) and (h) that include the phrase ‘‘exclusively funded by a Department of Defense contract’’ do not apply when the Department of Defense acts solely as a servicing agency for a contract on behalf of another agency of the U.S. government, or, for example, in cases where the Department of Defense provides initial funding for the development of an item but another agency of the U.S. government provides funding to further develop or adapt the item. Proposed paragraph (h) enumerates certain vaccines funded exclusively by the Department of Defense, as well as certain vaccines controlled in (h)(2) that are specially designed for the sole purpose of protecting against biological agents and biologically derived substances identified in (b). Thus, the scope of vaccines controlled in (h)(2) is circumscribed by the nature of funding, the satisfaction of the term ‘‘specially designed’’ as that term is defined in ITAR § 120.41, and the limitations in (b) that control only those biological agents and biologically derived substances meeting specific criteria. In evaluating the scope of this control, please note that the Department offers a decision VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 tool to aid exporters in determining whether a defense article meets the definition of ‘‘specially designed.’’ This tool is available at http:// www.pmddtc.state.gov/licensing/ dt_SpeciallyDesigned.htm. Proposed revised paragraph (i) is updated to provide better clarity on the scope of the control by including examples of Department of Defense tools that are used to determine or estimate potential effects of chemical or biological weapons strikes and incidents in order to plan to mitigate their impacts. A new paragraph (x) has been added to USML Category XIV, allowing ITAR licensing on behalf of the Department of Commerce for commodities, software, and technology subject to the EAR provided those commodities, software, and technology are to be used in or with defense articles controlled in USML Category XIV and are described in the purchase documentation submitted with the application. The intent of paragraph (x) is not to impose ITAR jurisdiction on commodities, software, and technology subject to EAR controls. Finally, the rule proposes to only control on the USML chemical or biological agent detectors when they contain Department of Defense reagents, spectra, algorithms, databases, etc. Revision of Category XVIII This proposed rule revises USML Category XVIII, covering directed energy weapons. As with USML Category XIV, the revisions are proposed in order to advance the national security objectives set forth above and to more accurately describe the articles within the subject categories, in order to establish a ‘‘bright line’’ between the USML and the CCL for the control of these articles. A change proposed in this rule would revise paragraph (a) to control only those items that satisfy the paragraph’s definition of ‘‘directed energy weapon,’’ which focuses on the sole or primary purpose of the article in order to exclude those items that might achieve the same effect in an incidental, accidental, or collateral manner. The articles controlled currently in paragraphs (c) and (d) would move to the export control jurisdiction of the Department of Commerce. The remaining paragraphs in this category would undergo conforming changes to bring their structures into alignment with the analogous provisions found in other revised USML categories. Request for Comments The proposed revisions to the USML will control items in normal commercial PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 34573 use and on the Wassenaar Arrangement’s Dual Use List. The Department welcomes the assistance of users of the lists and requests input on the following: (1) A key goal of this rulemaking is to ensure the USML and the CCL together control all the items that meet Wassenaar Arrangement commitments embodied in Munitions List Categories 7 (WA–ML7) and 19 (WA–ML19). The public is therefore asked to identify any potential lack of coverage brought about by the proposed rules for Categories XIV and XVIII contained in this proposed rule and the new Category 1 and Category 6 ECCNs published separately by the Department of Commerce when reviewed together. (2) Another key goal of this rulemaking is to identify items proposed for control on the USML or the CCL that are not controlled on the Wassenaar Arrangement’s Munitions or Dual Use List. The public is therefore asked to identify any potential expansion of coverage brought about by the proposed rules for Categories XIV and XVIII contained in this proposed rule and the new Category 1 and Category 6 ECCNs published separately by the Department of Commerce when reviewed together. (3) A third key goal of this rulemaking is to establish a ‘‘bright line’’ between the USML and the CCL for the control of these materials. The public is asked to provide specific examples of toxicological agents, including chemical agents, biological agents, and associated equipment, as well as directed energy weapons, whose jurisdiction would be in doubt based on this revision. The public is also asked to comment on whether there is a sufficiently clear line drawn between the biological items proposed for control by USML Category XIV(b) and those proposed for control under the CCL. (4) Although the proposed revisions to the USML do not preclude the possibility that items in normal commercial use would or should be ITAR-controlled because, e.g., they provide the United States with a critical military or intelligence advantage, the U.S. government does not want to inadvertently control items on the ITAR that are in normal commercial use. Items that would be controlled on the USML in this proposed rule have been identified as possessing parameters or characteristics that provide a critical military or intelligence advantage. The public is thus asked to provide specific examples of items, or associated technical data, if any, that would be controlled in the revised USML Categories XIV or XVIII that are now in normal commercial use, or that are E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS 34574 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules commonly used or produced in civilian scientific laboratories. The examples should demonstrate actual commercial or civilian scientific use, not just potential or theoretical use, with supporting documents, as well as foreign availability of such items. Additionally, for any criteria the public believes control items in normal commercial or civilian scientific use, the public is asked to identify parameters or characteristics that cover items exclusively or primarily in military use. Finally, for any criteria the public believes control items in normal commercial use, the public is asked to identify the multilateral controls (such as the Wassenaar Arrangement’s Dual Use List), if any, for such items, and the consequences of such items being controlled on the USML. (5) The public is asked to provide comment on the proposed definition of ‘‘non-naturally occurring’’ in Note 2 to Category XIV(b), if the proposed definition does not appear to be comprehensive. The public is also asked to comment on ‘‘non-naturally occurring’’ in the context of genetic modification and consider whether the definition is sufficient to distinguish military or intelligence purposes from commercial or civilian purposes. (6) The public is asked to provide specific examples of reagents that may be inadvertently controlled by Category XIV(b), XIV(f), XIV(g), or XIV(m), that are commonly used for scientific research and development, or medical countermeasures that may similarly be inadvertently controlled and the dissemination of which would be in the interest of public health or medical preparedness. (7) The public is asked to specifically evaluate and comment on the decision process outlined in the proposed rule that would be used to determine whether vaccines that are intended to be developed and used to protect public and veterinary health against any event resulting from exposure to naturally occurring or non-naturally occurring pathogens or toxins is sufficiently clear to allow research and commercial entities to determine whether a vaccine would unintentionally be captured under this rule. Please provide specific examples that demonstrate how the proposed rule would prevent or hinder the ability to develop or utilize vaccines for public health or veterinary benefit under this proposed language and decision process. (8) In the interest of ensuring the security of and control over certain types of chemical and biological detection equipment, Category XIV(f)(2) could incidentally impose ITAR VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 controls on certain civilian and public health equipment containing the items listed in paragraph (f)(2). Accordingly, as proposed, paragraph (f)(2) may control detection equipment that may not warrant ITAR control, but contains items that are fully or partially Defensefunded. The Department requests comment from the public, including specific examples of equipment that the public believes may be unintentionally controlled by this text by virtue of Defense funding. In addition, the Department acknowledges that some members of the public may not be able comment meaningfully on this matter because they lack full awareness of items that have previously been fully or partially developed under Defense funding. To the extent that commenters require specific additional information about the scope of Defense funding in certain contexts, the Department requests that commenters identify any relevant gaps in knowledge. Regulatory Analysis and Notices Administrative Procedure Act The Department of State is of the opinion that controlling the import and export of defense articles and services is a foreign affairs function of the United States Government and that rules implementing this function are exempt from sections 553 (Rulemaking) and 554 (Adjudications) of the Administrative Procedure Act. Although the Department is of the opinion that this rule is exempt from the rulemaking provisions of the APA, the Department is publishing this rule with a 60-day provision for public comment and without prejudice to its determination that controlling the import and export of defense services is a foreign affairs function. As noted above, and also without prejudice to the Department position that this rulemaking is not subject to the APA, the Department previously published a related Advance Notice of Proposed Rulemaking (RIN 1400–AC78) on December 10, 2010 (75 FR 76935), and accepted comments for 60 days. Regulatory Flexibility Act Since the Department is of the opinion that this rule is exempt from the rulemaking provisions of 5 U.S.C. 553, it does not require analysis under the Regulatory Flexibility Act. Unfunded Mandates Reform Act of 1995 This proposed amendment does not involve a mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 private sector, of $100 million or more in any year and it will not significantly or uniquely affect small governments. Therefore, no actions were deemed necessary under the provisions of the Unfunded Mandates Reform Act of 1995. Small Business Regulatory Enforcement Fairness Act of 1996 This proposed amendment has been found not to be a major rule within the meaning of the Small Business Regulatory Enforcement Fairness Act of 1996. Executive Orders 12372 and 13132 This proposed amendment will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, in accordance with Executive Order 13132, it is determined that this proposed amendment does not have sufficient federalism implications to require consultations or warrant the preparation of a federalism summary impact statement. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities do not apply to this proposed amendment. Executive Order 12866 and 13563 Executive Orders 12866 and 13563 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, distributed 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 designated a ‘‘significant regulatory action,’’ although not economically significant, under section 3(f) of Executive Order 12866. Accordingly, the rule has been reviewed by the Office of Management and Budget (OMB). Executive Order 12988 The Department of State has reviewed the proposed amendment in light of sections 3(a) and 3(b)(2) of Executive Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden. E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules Executive Order 13175 The Department of State has determined that this rulemaking will not have tribal implications, will not impose substantial direct compliance costs on Indian tribal governments, and will not preempt tribal law. Accordingly, Executive Order 13175 does not apply to this rulemaking. srobinson on DSK5SPTVN1PROD with PROPOSALS Paperwork Reduction Act Following is a listing of approved collections that will be affected by revision of the U.S. Munitions List (USML) and the Commerce Control List pursuant to the President’s Export Control Reform (ECR) initiative. This rule continues the implementation of ECR. The list of collections and the description of the manner in which they will be affected pertains to revision of the USML in its entirety, not only to the categories published in this rule. In accordance with the Paperwork Reduction Act, the Department of State will request comment on these collections from all interested persons. In particular, the Department will seek comment on changes to licensing burden based on implementation of regulatory changes pursuant to ECR, and on projected changes based on continued implementation of regulatory changes pursuant to ECR. The affected information collections are as follows: (1) Statement of Registration, DS– 2032, OMB No. 1405–0002. The Department estimates that between 3,000 and 5,000 of currently-registered persons will not need to maintain registration following full revision of the USML. This would result in a burden reduction of between 6,000 and 10,000 hours annually, based on a revised time burden of two hours to complete a Statement of Registration. (2) Application/License for Permanent Export of Unclassified Defense Articles and Related Unclassified Technical Data, DSP–5, OMB No. 1405–0003. The Department estimates that there will be 35,000 fewer DSP–5 submissions annually following full revision of the USML. This would result in a burden reduction of 35,000 hours annually. (3) Application/License for Temporary Import of Unclassified Defense Articles, DSP–61, OMB No. 1405–0013. The Department estimates that there will be 200 fewer DSP–61 submissions annually following full revision of the USML. This would result in a burden reduction of 100 hours annually. (4) Application/License for Temporary Export of Unclassified Defense Articles, DSP–73, OMB No. 1405–0023. The Department estimates VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 that there will be 800 fewer DSP–73 submissions annually following full revision of the USML. This would result in a burden reduction of 800 hours annually. (5) Application for Amendment to License for Export or Import of Classified or Unclassified Defense Articles and Related Technical Data, DSP–6, –62, –74, –119, OMB No. 1405– 0092. The Department estimates that there will be 2,000 fewer amendment submissions annually following full revision of the USML. This would result in a burden reduction of 1,000 hours annually. (6) Request for Approval of Manufacturing License Agreements, Technical Assistance Agreements, and Other Agreements, DSP–5, OMB No. 1405–0093. The Department estimates that there will be 1,000 fewer agreement submissions annually following full revision of the USML. This would result in a burden reduction of 2,000 hours annually. (7) Maintenance of Records by Registrants, OMB No. 1405–0111. The requirement to actively maintain records pursuant to provisions of the International Traffic in Arms Regulations (ITAR) will decline commensurate with the drop in the number of persons who will be required to register with the Department pursuant to the ITAR. As stated above, the Department estimates that up to 5,000 of the currently-registered persons will not need to maintain registration following full revision of the USML. This would result in a burden reduction of 100,000 hours annually. However, the ITAR does provide for the maintenance of records for a period of five years. Therefore, persons newly relieved of the requirement to register with the Department may still be required to maintain records. List of Subjects in 22 CFR Part 121 Arms and munitions, Exports. Accordingly, for the reasons set forth above, Title 22, Chapter I, Subchapter M, part 121 is proposed to be amended as follows: PART 121—THE UNITED STATES MUNITIONS LIST 1. The authority citation for part 121 continues to read as follows: ■ Authority: Secs. 2, 38, and 71, Pub. L. 90– 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 Stat. 1920; Section 1261, Pub. L. 112–239; E.O. 13637, 78 FR 16129. 2. Section 121.1 is amended by revising U.S. Munitions List Categories XIV and XVIII to read as follows: ■ PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 § 121.1 * * 34575 The United States Munitions List. * * * Category XIV—Toxicological Agents, Including Chemical Agents, Biological Agents, and Associated Equipment *(a) Chemical agents, to include: (1) Nerve agents, as follows: (i) O-Alkyl (equal to or less than C10, including cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonofluoridates, such as: Sarin (GB): O-Isopropyl methylphosphonofluoridate (CAS 107– 44–8) (CWC Schedule 1A); and Soman (GD): O-Pinacolyl methylphosphonofluoridate (CAS 96– 64–0) (CWC Schedule 1A); (ii) O-Alkyl (equal to or less than C10, including cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphoramidocyanidates, such as: Tabun (GA): O-Ethyl N, Ndimethylphosphoramidocyanidate (CAS 77–81–6) (CWC Schedule 1A); or (iii) O-Alkyl (H or equal to or less than C10, including cycloalkyl) S–2dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonothiolates and corresponding alkylated and protonated salts, such as VX: O-Ethyl S–2-diisopropylaminoethyl methyl phosphonothiolate (CAS 50782– 69–9) (CWC Schedule 1A); (2) Amiton: O,O-Diethyl S[2(diethylamino)ethyl] phosphorothiolate and corresponding alkylated or protonated salts (CAS 78– 53–5) (CWC Schedule 2A); (3) Vesicant agents, as follows: (i) Sulfur mustards, such as: 2Chloroethylchloromethylsulfide (CAS 2625–76–5) (CWC Schedule 1A); Bis(2chloroethyl)sulfide (HD) (CAS 505–60– 2) (CWC Schedule 1A); Bis(2chloroethylthio)methane (CAS 63839– 13–6) (CWC Schedule 1A); 1,2-bis (2chloroethylthio)ethane (CAS 3563–36– 8) (CWC Schedule 1A); 1,3-bis (2chloroethylthio)-n-propane (CAS 63905–10–2) (CWC Schedule 1A); 1,4bis (2-chloroethylthio)-n-butane (CWC Schedule 1A); 1,5-bis (2chloroethylthio)-n-pentane (CWC Schedule 1A); Bis (2chloroethylthiomethyl)ether (CWC Schedule 1A); Bis (2chloroethylthioethyl)ether (CAS 63918– 89–8) (CWC Schedule 1A); (ii) Lewisites, such as: 2chlorovinyldichloroarsine (CAS 541– 25–3) (CWC Schedule 1A); Tris (2chlorovinyl) arsine (CAS 40334–70–1) (CWC Schedule 1A); Bis (2-chlorovinyl) chloroarsine (CAS 40334–69–8) (CWC Schedule 1A); (iii) Nitrogen mustards, or their protonated salts, as follows: E:\FR\FM\17JNP1.SGM 17JNP1 34576 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules (A) HN1: bis (2-chloroethyl) ethylamine (CAS 538–07–8) (CWC Schedule 1A); (B) HN2: bis (2-chloroethyl) methylamine (CAS 51–75–2) (CWC Schedule 1A); (C) HN3: tris (2-chloroethyl) amine (CAS 555–77–1) (CWC Schedule 1A); or (D) Other nitrogen mustards, or their salts, having a propyl, isopropyl, butyl, isobutyl, or tertiary butyl group on the bis(2-chloroethyl) amine base; Note 1 to paragraph (a)(3)(iii): Pharmaceutical formulations containing nitrogen mustards or certain reference standards for these formulations are not considered to be chemical agents and are subject to the EAR when: 1) the pharmaceutical is in the form of a final medical product, or 2) the reference standard contains salts of HN2 [bis(2-chloroethyl) methylamine], the quantity to be shipped is 150 milligrams or less, and individual shipments do not exceed twelve per calendar year per end user. srobinson on DSK5SPTVN1PROD with PROPOSALS Note 2 to paragraph (a)(3)(iii): A ‘‘final medical product,’’ as used in this paragraph, is a pharmaceutical formulation that is (1) designed for testing and administration in the treatment of human medical conditions, (2) prepackaged for distribution as a clinical or medical product, and (3) approved by the Food and Drug Administration to be marketed as a clinical or medical product or for use as an ‘‘Investigational New Drug’’ (IND) (see 21 CFR part 312) (iv) Ethyldichloroarsine (ED) (CAS 598–14–1); or (v) Methyldichloroarsine (MD) (CAS 593–89–5); (4) Incapacitating agents, such as: (i) 3-Quinuclindinyl benzilate (BZ) (CAS 6581–06–2) (CWC Schedule 2A); (ii) Diphenylchloroarsine (DA) (CAS 712–48–1); or (iii) Diphenylcyanoarsine (DC) (CAS 23525–22–6); (5) Chemical warfare agents not enumerated above adapted for use in war to produce casualties in humans or animals, degrade equipment, or damage crops or the environment. (See the CCL at ECCNs 1C350, 1C355, and 1C395 for control of certain chemicals not adapted for use in war.) Note to paragraph (a)(5): ‘‘Adapted for use in war’’ means any modification or selection (such as altering purity, shelf life, dissemination characteristics, or resistance to ultraviolet radiation) designed to increase the effectiveness in producing casualties in humans or animals, degrading equipment, or damaging crops or the environment. Note 1 to paragraph (a): Paragraph (a) of this category does not include the following: Cyanogen chloride, Hydrocyanic acid, Chlorine, Carbonyl chloride (Phosgene), Ethyl bromoacetate, Xylyl bromide, Benzyl bromide, Benzyl iodide, Chloro acetone, VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 Chloropicrin (trichloronitromethane), Fluorine, and Liquid pepper. immunity, or response to standard medical countermeasures. Note 2 to paragraph (a): Regarding U.S. obligations under the Chemical Weapons Convention (CWC), refer to Chemical Weapons Convention Regulations (CWCR) (15 CFR parts 710 through 722). As appropriate, the CWC schedule is provided to assist the exporter. Note 1 to paragraph (b): Non-naturally occurring means that the modification has not already been observed in nature, was not discovered from samples obtained from nature, and was developed with human intervention. *(b) Biological agents and biologically derived substances and genetic elements thereof as follows: (1) Genetically modified biological agents: (i) Having non-naturally occurring genetic modifications which result in an increase in any of the following: (A) Persistence in a field environment (e.g., resistance to oxygen, UV damage, temperature extremes, or arid conditions); or (B) The ability to defeat or overcome standard detection methods, personnel protection, natural or acquired host immunity, host immune response, or response to standard medical countermeasures; and (ii) Being any micro-organisms/toxins or their non-naturally occurring genetic elements as listed below: (A) Bacillus anthracis; (B) Botulinum neurotoxin producing species of Clostridium; (C) Burkholderia mallei; (D) Burkholderia pseudomallei; (E) Ebola virus; (F) Foot-and-mouth disease virus; (G) Francisella tularensis; (H) Marburg virus; (I) Variola major virus (Smallpox virus); (J) Variola minor virus (Alastrim); (K) Yersinia pestis; or (L) Rinderpest virus. (2) Biological agent or biologically derived substances controlled in ECCNs 1C351, 1C352, 1C353, or 1C354: (i) Physically modified, formulated, or produced as any of the following: (A) 1—10 micron particle size; (B) Particle-absorbed or combined with nano-particles; (C) Having coatings/surfactants, or (D) By microencapsulation; and (ii) Meeting the criteria of paragraph (b)(2)(i) of this category in a manner that results in an increase in any of the following: (A) Persistence in a field environment (e.g., resistant to oxygen, UV damage, temperature extremes, or arid conditions); (B) Dispersal characteristics (e.g., reduce the susceptibility to shear forces, optimize electrostatic charges); or (C) The ability to defeat or overcome: standard detection methods, personnel protection, natural or acquired host PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 Note 2 to paragraph (b): This paragraph does not control biological agents or biologically derived substances, when these agents or substances have been demonstrated to be attenuated relative to natural pathogenic isolates, and are incapable of causing disease or intoxication of ordinarily affected and relevant species (e.g., humans, livestock, crop plants) due to the attenuation of virulence or pathogenic factors. This paragraph also does not control genetic elements, nucleic acids, or nucleic acid sequences (whether recombinant or synthetic) that are unable to produce or direct the biosynthesis of infectious or functional forms of the biological agents or biologically derived substances that are capable of causing disease or intoxication of ordinarily affected and relevant species. Note 3 to paragraph (b): Biological agents or biologically derived substances that meet both paragraphs (b)(1) and (b)(2) of this category are controlled in paragraph (b)(1). *(c) Chemical agent binary precursors and key precursors, as follows: (1) Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonyl difluorides, such as: DF: Methyl Phosphonyldifluoride (CAS 676–99–3) (CWC Schedule 1B); Methylphosphinyldifluoride (CAS 753– 59–3) (CWC Schedule 2B); (2) O-Alkyl (H or equal to or less than C10, including cycloalkyl) O–2-dialkyl (methyl, ethyl, n-Propyl or isopropyl) aminoethyl alkyl (methyl, ethyl, Npropyl or isopropyl) phosphonite and corresponding alkylated and protonated salts, such as QL: O-Ethyl-2-diisopropylaminoethyl methylphosphonite (CAS 57856–11–8) (CWC Schedule 1B); (3) Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445–76–7) (CWC Schedule 1B); (4) Chlorosoman: O-Pinakolyl methylphosphonochloridate (CAS 7040–57–5) (CWC Schedule 1B); or (5) Methlyphosphonyl dichloride (CAS 676–97–1) (CWC Schedule 2B); Methylphosphinyldichloride (CAS 676– 83–5) (CWC Schedule 2B). (d) [Reserved] (e) Defoliants, as follows: (1) 2,4,5-trichlorophenoxyacetic acid (CAS 93–76–5) mixed with 2,4dichlorophenoxyacetic acid (CAS 94– 75–7) (Agent Orange (CAS 39277–47– 9));or (2) Butyl 2-chloro-4fluorophenoxyacetate (LNF). *(f) Equipment or items, as follows: E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules (1) Any equipment for the dissemination, dispersion, or testing of items controlled in paragraphs (a), (b), (c), or (e) of this category, as follows: (i) Any equipment ‘‘specially designed’’ for the dissemination and dispersion of items controlled in paragraphs (a), (b), (c), or (e) of this category; or (ii) Any equipment ‘‘specially designed’’ for testing the items controlled in paragraphs (a), (b), (c), (e), or (f)(4) of this category developed under a Department of Defense contract or other funding authorization. (2) Any equipment containing reagents, algorithms, coefficients, software, libraries, spectral databases, or alarm set point levels developed under a Department of Defense contract or other funding authorization for the detection, identification, warning, or monitoring of: (i) Items controlled in paragraphs (a) or (b) of this category; or (ii) Chemical or biological agents specified by a Department of Defense contract or other funding authorization. Note 1 to paragraph (f)(2): This paragraph does not control items that are (a) determined to be subject to the EAR via a commodity jurisdiction determination (see § 120.4 of this subchapter), or (b) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (f)(2): Note 1 does not apply to defense articles enumerated on the USML. srobinson on DSK5SPTVN1PROD with PROPOSALS Note 3 to paragraph (f)(2): This paragraph is applicable only to those contracts and funding authorizations that are dated [DATE ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later. (3) [Reserved] (4) For individual protection or collective protection against the items controlled in paragraphs (a) and (b) of this category, as follows: (i) M53 Chemical Biological Protective Mask or M50 Joint Service General Purpose Mask (JSGPM); (ii) Filter cartridges containing sorbents controlled in paragraph (f)(4)(iii) of this category; (iii) ASZM–TEDA carbon; or (iv) Ensembles, garments, suits, jackets, pants, boots, or socks for individual protection, and liners for collective protection that allow no more than 1% breakthrough of GD or no more than 2% of HD; Note to paragraph (f)(4)(iv): Evaluation is made by applying 10 mg of GD or HD to a 1-inch swatch. Ambient air is directed through the swatch for 24 hours and sampled/tested from the opposite side of the swatch using a gas chromatograph with flame VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 photometric detector (FPD) or pulsed FPD (PFPD) and using sorption/desorption tools to increase sensitivity. (5) [Reserved] (6) [Reserved] (7) Chemical Agent Resistant Coatings that have been qualified to military specifications (MIL–DTL–64159, MIL– C–46168, or MIL–C–53039); or (8) Any equipment, material, tooling, hardware or test equipment that: (i) Is classified; (ii) Is manufactured using classified production data; or (iii) Is being developed using classified information. Note to paragraph (f)(8): ‘‘Classified’’ means classified pursuant to Executive Order 13526, or predecessor order, and a security classification guide developed pursuant thereto or equivalent, or to the corresponding classification rules of another government. (g) Antibodies, recombinant protective antigens, polynucleotides, biopolymers, or biocatalysts (including their expression vectors, viruses, plasmids, or cultures of specific cells modified to produce them) as follows: (1) When exclusively funded by a Department of Defense contract for detection of the biological agents at paragraph (b)(1)(ii) of this category even if naturally occurring; (2) Joint Biological Agent Identification and Diagnostic System (JBAIDS) Freeze Dried reagents listed by JRPD–ASY-No and Description respectively as follows: (i) JRPD–ASY–0016 Q-Fever IVD Kit; (ii) JRPD–ASY–0100 Vaccinia (Orthopox); (iii) JRPD–ASY–0106 Brucella melitensis (Brucellosis); (iv) JRPD–ASY–0108 Rickettsia prowazekii (Rickettsia); (v) JRPD–ASY–0109 Burkholderia ssp. (Burkholderia); (vi) JRPD–ASY–0112 Eastern equine encephalitis (EEE); (vii) JRPD–ASY–0113 Western equine encephalitis (WEE); (viii) JRPD–ASY–0114 Venezuelan equine encephalitis (VEE); (ix) JRPD–ASY–0122 Coxiella burnetii (Coxiella); (x) JRPD–ASY–0136 Influenza A/H5 IVD Detection Kit; (xi) JRPD–ASY–0137 Influenza A/B IVD Detection Kit; or (xii) JRPD–ASY–0138 Influenza A Subtype IVD Detection Kit; (3) Critical Reagent Polymerase (CRP) Chain Reactions (PCR) assay kits with Catalog-ID and Catalog-ID Product respectively as follows: (i) PCR–BRU–1FB–B–K Brucella Target 1 FastBlock Master Mix Biotinylated; PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 34577 (ii) PCR–BRU–1FB–K Brucella Target 1 FastBlock Master Mix; (iii) PCR–BRU–1R–K Brucella Target 1 LightCycler/RAPID Master Mix; (iv) PCR–BURK–2FB–B–K Burkholderia Target 2 FastBlock Master Mix Biotinylated; (v) PCR–BURK–2FB–K Burkholderia Target 2 FastBlock Master Mix; (vi) PCR–BURK–2R–K Burkholderia Target 2 LightCycler/RAPID Master Mix; (vii) PCR–BURK–3FB–B–K Burkholderia Target 3 FastBlock Master Mix Biotinylated; (viii) PCR–BURK–3FB–K Burkholderia Target 3 FastBlock Master Mix; (ix) PCR–BURK–3R–K Burkholderia Target 3 LightCycler/RAPID Master Mix; (x) PCR–COX–1FB–B–K Coxiella burnetii Target 1 FastBlock Master Mix Biotinylated; (xi) PCR–COX–1R–K Coxiella burnetii Target 1 LightCycler/RAPID Master Mix; (xii) PCR–COX–2R–K Coxiella burnetii Target 2 LightCycler/RAPID Master Mix; (xiii) PCR–OP–1FB–B–K Orthopox Target 1 FastBlock Master Mix Biotinylated; (xiv) PCR–OP–1FB–K Orthopox Target 1 FastBlock Master Mix; (xv) PCR–OP–1R–K Orthopox Target 1 LightCycler/RAPID Master Mix; (xvi) PCR–OP–2FB–B–K Orthopox Target 2 FastBlock Master Mix Biotinylated; (xvii) PCR–OP–3R–K Orthopox Target 3 LightCycler/RAPID Master Mix; (xviii) PCR–RAZOR–BT–X PCR– RAZOR–BT–X RAZOR CRP BioThreat-X Screening Pouch; (xix) PCR–RIC–1FB–K Ricin Target 1 FastBlock Master Mix; (xx) PCR–RIC–1R–K Ricin Target 1 LightCycler/RAPID Master Mix; (xxi) PCR–RIC–2R–K Ricin Target 2 LightCycler/RAPID Master Mix; or (xxii) PCR–VEE–1R–K Venezuelan equine encephalitis Target 1 LightCycler/RAPID Master Mix; or (4) Critical Reagent Program Antibodies with Catalog ID and Product respectively as follows: (i) AB–AG–RIC Aff. Goat anti-Ricin; (ii) AB–ALVG–MAB Anti-Alphavirus Generic Mab; (iii) AB–AR–SEB Aff. Rabbit anti-SEB; (iv) AB–BRU–M–MAB1 Anti-Brucella melitensis Mab 1; (v) AB–BRU–M–MAB2 Anti-Brucella melitensis Mab 2; (vi) AB–BRU–M–MAB3 Anti-Brucella melitensis Mab 3; (vii) AB–BRU–M–MAB4 AntiBrucella melitensis Mab 4; (viii) AB–CHOL–0139–MAB AntiV.cholerae 0139 Mab; (ix) AB–CHOL–01–MAB Anti-V. cholerae 01 Mab; E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS 34578 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules (x) AB–COX–MAB Anti-Coxiella Mab; (xi) AB–EEE–MAB Anti-EEE Mab; (xii) AB–G–BRU–A Goat anti-Brucella abortus; (xiii) AB–G–BRU–M Goat antiBrucella melitensis; (xiv) AB–G–BRU–S Goat anti-Brucella suis; (xv) AB–G–CHOL–01 Goat antiV.cholerae 0:1; (xvi) AB–G–COL–139 Goat antiV.cholerae 0:139; (xvii) AB–G–DENG Goat anti-Dengue; (xviii) AB–G–RIC Goat anti-Ricin; (xix) AB–G–SAL–T Goat anti-S. typhi; (xx) AB–G–SEA Goat anti-SEA; (xxi) AB–G–SEB Goat anti-SEB; (xxii) AB–G–SEC Goat anti-SEC; (xxiii) AB–G–SED Goat anti-SED; (xxiv) AB–G–SEE Goat anti-SEE; (xxv) AB–G–SHIG–D Goat antiShigella dysenteriae; (xxvi) AB–R–BA–PA Rabbit antiProtective Antigen; (xxvii) AB–R–COX Rabbit anti-C. burnetii; (xxviii) AB–RIC–MAB1 Anti-Ricin Mab 1; (xxix) AB–RIC–MAB2 Anti-Ricin Mab 2; (xxx) AB–RIC–MAB3 Anti-Ricin Mab3; (xxxi) AB–R–SEB Rabbit anti-SEB; (xxxii) AB–R–VACC Rabbit antiVaccinia; (xxxiii) AB–SEB–MAB Anti-SEB Mab; (xxxiv) AB–SLT2–MAB Anti-Shigellalike t x2 Mab; (xxxv) AB–T2T–MAB1 Anti-T2 Mab 1; (xxxvi) AB–T2T–MAB2 Anti-T2 Toxin 2; (xxxvii) AB–VACC–MAB1 AntiVaccinia Mab 1; (xxxviii) AB–VACC–MAB2 AntiVaccinia Mab 2; (xxxix) AB–VACC–MAB3 AntiVaccinia Mab 3; (xl) AB–VACC–MAB4 Anti-Vaccinia Mab 4; (xli) AB–VACC–MAB5 Anti-Vaccinia Mab 5; (xlii) AB–VACC–MAB6 Anti-Vaccinia Mab 6; (xliii) AB–VEE–MAB1 Anti-VEE Mab 1; (xliv) AB–VEE–MAB2 Anti-VEE Mab 2; (xlv) AB–VEE–MAB3 Anti-VEE Mab 3; (xlvi) AB–VEE–MAB4 Anti-VEE Mab 4; (xlvii) AB–VEE–MAB5 Anti-VEE Mab 5 (xlviii) AB–VEE–MAB6 Anti-VEE Mab 6; or (xlix) AB–WEE–MAB Anti-WEE Complex Mab. (h) Vaccines exclusively funded by a Department of Defense contract, as follows: VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 (1) Recombinant Botulinum Toxin A/ B Vaccine; (2) Recombinant Plague Vaccine; (3) Trivalent Filovirus Vaccine; or (4) Vaccines specially designed for the sole purpose of protecting against biological agents and biologically derived substances identified in paragraph (b) of this category. Note to paragraph (h): See ECCN 1A607.k for military medical countermeasures such as autoinjectors, combopens, and creams. (i) Modeling or simulation tools, including software controlled in paragraph (m) of this category, for chemical or biological weapons design, development, or employment developed or produced under a Department of Defense contract or other funding authorization (e.g., the Department of Defense’s HPAC, SCIPUFF, and the Joint Effects Model (JEM)). (j)—(l) [Reserved] (m) Technical data (as defined in § 120.10 of this subchapter) and defense services (as defined in § 120.9 of this subchapter) directly related to the defense articles enumerated in paragraphs (a) through (l) and (n) of this category; (See § 125.4 of this subchapter for exemptions.) (n) Developmental countermeasures or sorbents funded by the Department of Defense via contract or other funding authorization; Note 1 to paragraph (n): This paragraph does not control countermeasures or sorbents that are (a) in production, (b) determined to be subject to the EAR via a commodity jurisdiction determination (see § 120.4 of this subchapter), or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (n): Note 1 does not apply to defense articles enumerated on the USML, whether in production or development. Note 3 to paragraph (n): This paragraph is applicable only to those contracts and funding authorizations that are dated [DATE ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later. (o)–(w) [Reserved] (x) Commodities, software, and technology subject to the EAR (see § 120.42 of this subchapter) used in or with defense articles controlled in this category. Note to paragraph (x): Use of this paragraph is limited to license applications for defense articles controlled in this category where the purchase documentation includes commodities, software, or technology subject to the EAR (see § 123.1(b) of this subchapter). * PO 00000 * * Frm 00039 * Fmt 4702 * Sfmt 4702 Category XVIII—Directed Energy Weapons *(a) Directed energy weapons (DEW): systems or equipment that, as their sole or primary purpose (i.e., not as a result of incidental, accidental or collateral effect), degrade, destroy or cause mission-abort of a target; disturb, disable, or damage electronic circuitry, sensors or explosive devices remotely; deny area access; cause lethal effects; or cause permanent or flash blindness using any non-acoustic technique such as lasers (including continuous wave or pulsed lasers), particle beams, particle accelerators that project a charged or neutral particle beam, high power radiofrequency (RF), or high pulsed power or high average power radio frequency beam transmitters. *(b) Systems or equipment specially designed to detect, identify or provide defense against articles specified in paragraph (a) of this category. (c)–(d) [Reserved] (e) Components, parts, accessories, attachments, and associated systems or equipment specially designed for any of the articles in paragraphs (a) and (b) of this category. (f) Developmental directed energy weapons funded by the Department of Defense via contract or other funding authorization; Note 1 to paragraph (f): This paragraph does not control directed energy weapons (a) in production, (b) determined to be subject to the EAR via a commodity jurisdiction determination (see § 120.4 of this subchapter), or (c) identified in the relevant Department of Defense contract or other funding authorization as being developed for both civil and military applications. Note 2 to paragraph (f): Note 1 does not apply to defense articles enumerated on the USML, whether in production or development. Note 3 to paragraph (f): This paragraph is applicable only to those contracts and funding authorizations that are dated [DATE ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later. (g) Technical data (as defined in § 120.10 of this subchapter) and defense services (as defined in § 120.9 of this subchapter) directly related to the defense articles enumerated in paragraphs (a) through (e) of this category; (h)–(w) [Reserved] (x) Commodities, software, and technology subject to the EAR (see § 120.42 of this subchapter) used in or with defense articles controlled in this category. Note to paragraph (x): Use of this paragraph is limited to license applications E:\FR\FM\17JNP1.SGM 17JNP1 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules for defense articles controlled in this category where the purchase documentation includes commodities, software, or technology subject to the EAR (see § 123.1(b) of this subchapter). Dated: June 3, 2015. Rose E. Gottemoeller, Under Secretary, Arms Control and International Security, Department of State. [FR Doc. 2015–14472 Filed 6–16–15; 8:45 am] BILLING CODE 4710–25–P DEPARTMENT OF EDUCATION 34 CFR Chapter III [Docket ID ED–2015–OSERS–0069] Proposed Priority—Rehabilitation Training: Vocational Rehabilitation Workforce Innovation Technical Assistance Center Office of Special Education and Rehabilitative Services, Department of Education. ACTION: Proposed priority. AGENCY: [CFDA Number: 84.264G.] The Assistant Secretary for Special Education and Rehabilitative Services proposes a priority to establish the Workforce Innovation Technical Assistance Center. The Assistant Secretary may use this priority for competitions in fiscal year (FY) 2015 and later years. We take this action to provide training and technical assistance (TA) to State vocational rehabilitation (VR) agencies to improve services under the State Vocational Rehabilitation Services program (VR program) and State Supported Employment Services program for individuals with disabilities, including those with the most significant disabilities, and to implement changes to the Rehabilitation Act of 1973, as amended by the Workforce Innovation and Opportunity Act (WIOA), signed into law on July 22, 2014. DATES: We must receive your comments on or before July 17, 2015. ADDRESSES: Submit your comments through the Federal eRulemaking Portal or via postal mail, commercial delivery, or hand delivery. We will not accept comments submitted by fax or by email or those submitted after the comment period. To ensure that we do not receive duplicate copies, please submit your comments only once. In addition, please include the Docket ID at the top of your comments. • Federal eRulemaking Portal: Go to www.regulations.gov to submit your comments electronically. Information on using Regulations.gov, including srobinson on DSK5SPTVN1PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 instructions for accessing agency documents, submitting comments, and viewing the docket, is available on the site under ‘‘Are you new to the site?’’ • Postal Mail, Commercial Delivery, or Hand Delivery: If you mail or deliver your comments about the proposed priority, address them to Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue SW., Room 5042, Potomac Center Plaza (PCP), Washington, DC 20202–2800. Privacy Note: The Department’s policy is to make all comments received from members of the public available for public viewing in their entirety on the Federal eRulemaking Portal at www.regulations.gov. Therefore, commenters should be careful to include in their comments only information that they wish to make publicly available. FOR FURTHER INFORMATION CONTACT: Jerry Elliott. Telephone: (202) 245–7335 or by email: jerry.elliott@ed.gov. If you use a telecommunications device for the deaf (TDD) or a text telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1–800–877– 8339. SUPPLEMENTARY INFORMATION: Invitation to Comment: We invite you to submit comments regarding this notice. To ensure that your comments have maximum effect in developing the notice of final priority, we urge you to identify clearly the specific section of the proposed priority that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Orders 12866 and 13563 and their overall requirement of reducing regulatory burden that might result from this proposed priority. Please let us know of any further ways we could reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about this notice by accessing Regulations.gov. You may also inspect the comments in person in Room 5021, 550 12th Street SW., PCP, Washington, DC, 20202–2800, between the hours of 8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of each week except Federal holidays. Please contact the person listed under FOR FURTHER INFORMATION CONTACT. Assistance to Individuals with Disabilities in Reviewing the Rulemaking Record: On request we will provide an appropriate accommodation or auxiliary aid to an individual with a disability who needs assistance to PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 34579 review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of accommodation or auxiliary aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT. Purpose of Program: Under the Rehabilitation Act of 1973 (Rehabilitation Act), as amended by WIOA, the Rehabilitation Services Administration (RSA) makes grants to States and public or nonprofit agencies and organizations (including institutions of higher education) to support projects that provide training, traineeships, and TA designed to increase the numbers of, and improve the skills of, qualified personnel (especially rehabilitation counselors) who are trained to provide vocational, medical, social, and psychological rehabilitation services to individuals with disabilities; assist individuals with communication and related disorders; and provide other services authorized under the Rehabilitation Act. Program Authority: 29 U.S.C. 772(a)(1). Proposed Priority: This notice contains one proposed priority. Workforce Innovation Technical Assistance Center. Background: WIOA supersedes the Workforce Investment Act of 1998 and amends the Rehabilitation Act, making major changes that affect the management and performance of the VR program and Supported Employment program. Among the changes are: (a) A requirement that States reserve at least 15 percent of their Federal VR allotment for providing or arranging for the provision of pre-employment transition services to students with disabilities; (b) a requirement that States reserve at least 50 percent of their Federal Supported Employment allotment for the provision of supported employment services, including extended services, to youth with the most significant disabilities; (c) a requirement that States provide a 10 percent non-Federal share to match the 50 percent of Supported Employment allotment reserved for the provision of supported employment services to youth with the most significant disabilities; (d) a requirement that VR agencies provide documentation of the completion of certain specified activities to individuals with disabilities, including youth with disabilities, seeking or wanting to maintain employment at a subminimum wage; (e) a heightened emphasis on the achievement of competitive integrated employment by individuals with disabilities; (f) enhanced coordination E:\FR\FM\17JNP1.SGM 17JNP1

Agencies

[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34572-34579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14472]


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DEPARTMENT OF STATE

22 CFR Part 121

RIN 1400-AD03
[Public Notice: 9166]


Amendment to the International Traffic in Arms Regulations: 
Revision of U.S. Munitions List Categories XIV and XVIII

AGENCY: Department of State.

ACTION: Proposed rule.

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

SUMMARY: As part of the President's Export Control Reform effort, the 
Department of State proposes to amend the International Traffic in Arms 
Regulations (ITAR) to revise Categories XIV (toxicological agents, 
including chemical agents, biological agents, and associated equipment) 
and XVIII (directed energy weapons) of the U.S. Munitions List (USML) 
to describe more precisely the articles warranting control on the USML. 
The revisions contained in this rule are part of the Department of 
State's retrospective plan under E.O. 13563 completed on August 17, 
2011. The Department of State's full plan can be accessed at http://www.state.gov/documents/organization/181028.pdf.

DATES: The Department of State will accept comments on this proposed 
rule until August 17, 2015.

ADDRESSES: Interested parties may submit comments within 60 days of the 
date of publication by one of the following methods:
     Email: DDTCPublicComments@state.gov with the subject line, 
``ITAR Amendment--Categories XIV and XVIII.''
     Internet: At www.regulations.gov, search for this proposed 
rule by using this rule's RIN (1400-AD03).
    Comments received after that date will be considered if feasible, 
but consideration cannot be assured. Those submitting comments should 
not include any personally identifying information they do not wish to 
be made public or information for which a claim of confidentiality is 
asserted because those comments and/or transmittal emails will be made 
available for public inspection and copying after the close of the 
comment period via the Directorate of Defense Trade Controls Web site 
at www.pmddtc.state.gov. Parties who wish to comment anonymously may do 
so by submitting their comments via www.regulations.gov, leaving the 
fields that would identify the commenter blank and including no 
identifying information in the comment itself. Comments submitted via 
www.regulations.gov are immediately available for public inspection.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, Department of State, telephone 
(202) 663-2792; email DDTCPublicComments@state.gov. ATTN: ITAR 
Amendment--USML Categories XIV and XVIII.

SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls 
(DDTC), U.S. Department of State, administers the International Traffic 
in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to 
the jurisdiction of the ITAR, i.e., ``defense articles,'' are 
identified on the ITAR's U.S. Munitions List (USML) (22 CFR 121.1). 
With few exceptions, items not subject to the export control 
jurisdiction of the ITAR are subject to the jurisdiction of the Export 
Administration Regulations (``EAR,'' 15 CFR parts 730-774, which 
includes the Commerce Control List (CCL) in Supplement No. 1 to Part 
774), administered by the Bureau of Industry and Security (BIS), U.S. 
Department of Commerce. Both the ITAR and the EAR impose license 
requirements on exports and reexports. Items not subject to the ITAR or 
to the exclusive licensing jurisdiction of any other set of regulations 
are subject to the EAR.

Revision of Category XIV

    This proposed rule revises USML Category XIV, covering 
toxicological agents, including chemical agents, biological agents, and 
associated equipment. The revisions are proposed in order to advance 
the national security objectives of greater interoperability with U.S. 
allies, enhancing the defense industrial base, and permitting the U.S. 
government to focus its resources on transactions of greater concern. 
Additionally, the revisions are intended to more accurately describe 
the articles within the subject categories, in order to establish a 
``bright line'' between the USML and the CCL for the control of these 
articles.
    This proposed rule implements changes consistent with the 
requirements of Executive Order 13546 on Optimizing the Security of 
Biological Select Agents and Toxins in the United States, which 
includes direction to address variations in, and limited coordination 
of, individual executive departments' and agencies' oversight that add 
to the cost and complexity of compliance. It also directs a risk-based 
tiering of the biological select agent list. As a result, the proposed 
control language in paragraph (b) adopts the ``Tier 1'' pathogens and 
toxins established in the Department of Health and Human Services and 
the United States Department of Agriculture select agent regulations 
(42 CFR part 73 and 9 CFR 121) for those pathogens and toxins that meet 
specific capabilities listed in paragraph (b). The Tier 1 pathogens and 
toxins that do not meet these capabilities remain controlled in Export 
Control Classification Number (ECCN) 1C351 or 1C352 on the CCL.
    Additionally, this rule, in concert with the analogous proposed 
rule published by the Department of

[[Page 34573]]

Commerce, proposes the movement of riot control agents to the export 
jurisdiction of the Department of Commerce, as well as the articles 
covered currently in paragraphs (j), (k), and (l), which include test 
facilities, equipment for the destruction of chemical and biological 
agents, and tooling for production of articles in paragraph (f), 
respectively.
    Other changes include the addition of paragraph (a)(5) to control 
chemical warfare agents ``adapted for use in war'' and not elsewhere 
enumerated, as well as the removal of paragraphs (f)(3) and (f)(6) and 
movement to the CCL of equipment for the sample collection and 
decontamination or remediation of chemical agents and biological 
agents. Paragraph (f)(5) for collective protection was removed and 
partially combined in (f)(4) or the CCL. Proposed paragraph (g) 
enumerates antibodies, recombinant protective antigens, 
polynucleotides, biopolymers, or biocatalysts exclusively funded by a 
Department of Defense contract for detection of the biological agents 
listed in paragraph (b)(1)(ii).
    The Department notes that the controls in paragraph (f)(2) that 
include the phrase ``developed under a Department of Defense contract 
or other funding authorization'' do not apply when the Department of 
Defense acts solely as a servicing agency for a contract on behalf of 
another agency of the U.S. government.
    The Department notes that the controls in paragraphs (g)(1) and (h) 
that include the phrase ``exclusively funded by a Department of Defense 
contract'' do not apply when the Department of Defense acts solely as a 
servicing agency for a contract on behalf of another agency of the U.S. 
government, or, for example, in cases where the Department of Defense 
provides initial funding for the development of an item but another 
agency of the U.S. government provides funding to further develop or 
adapt the item.
    Proposed paragraph (h) enumerates certain vaccines funded 
exclusively by the Department of Defense, as well as certain vaccines 
controlled in (h)(2) that are specially designed for the sole purpose 
of protecting against biological agents and biologically derived 
substances identified in (b). Thus, the scope of vaccines controlled in 
(h)(2) is circumscribed by the nature of funding, the satisfaction of 
the term ``specially designed'' as that term is defined in ITAR Sec.  
120.41, and the limitations in (b) that control only those biological 
agents and biologically derived substances meeting specific criteria. 
In evaluating the scope of this control, please note that the 
Department offers a decision tool to aid exporters in determining 
whether a defense article meets the definition of ``specially 
designed.'' This tool is available at http://www.pmddtc.state.gov/licensing/dt_SpeciallyDesigned.htm.
    Proposed revised paragraph (i) is updated to provide better clarity 
on the scope of the control by including examples of Department of 
Defense tools that are used to determine or estimate potential effects 
of chemical or biological weapons strikes and incidents in order to 
plan to mitigate their impacts.
    A new paragraph (x) has been added to USML Category XIV, allowing 
ITAR licensing on behalf of the Department of Commerce for commodities, 
software, and technology subject to the EAR provided those commodities, 
software, and technology are to be used in or with defense articles 
controlled in USML Category XIV and are described in the purchase 
documentation submitted with the application. The intent of paragraph 
(x) is not to impose ITAR jurisdiction on commodities, software, and 
technology subject to EAR controls.
    Finally, the rule proposes to only control on the USML chemical or 
biological agent detectors when they contain Department of Defense 
reagents, spectra, algorithms, databases, etc.

Revision of Category XVIII

    This proposed rule revises USML Category XVIII, covering directed 
energy weapons. As with USML Category XIV, the revisions are proposed 
in order to advance the national security objectives set forth above 
and to more accurately describe the articles within the subject 
categories, in order to establish a ``bright line'' between the USML 
and the CCL for the control of these articles. A change proposed in 
this rule would revise paragraph (a) to control only those items that 
satisfy the paragraph's definition of ``directed energy weapon,'' which 
focuses on the sole or primary purpose of the article in order to 
exclude those items that might achieve the same effect in an 
incidental, accidental, or collateral manner.
    The articles controlled currently in paragraphs (c) and (d) would 
move to the export control jurisdiction of the Department of Commerce.
    The remaining paragraphs in this category would undergo conforming 
changes to bring their structures into alignment with the analogous 
provisions found in other revised USML categories.

Request for Comments

    The proposed revisions to the USML will control items in normal 
commercial use and on the Wassenaar Arrangement's Dual Use List. The 
Department welcomes the assistance of users of the lists and requests 
input on the following:
    (1) A key goal of this rulemaking is to ensure the USML and the CCL 
together control all the items that meet Wassenaar Arrangement 
commitments embodied in Munitions List Categories 7 (WA-ML7) and 19 
(WA-ML19). The public is therefore asked to identify any potential lack 
of coverage brought about by the proposed rules for Categories XIV and 
XVIII contained in this proposed rule and the new Category 1 and 
Category 6 ECCNs published separately by the Department of Commerce 
when reviewed together.
    (2) Another key goal of this rulemaking is to identify items 
proposed for control on the USML or the CCL that are not controlled on 
the Wassenaar Arrangement's Munitions or Dual Use List. The public is 
therefore asked to identify any potential expansion of coverage brought 
about by the proposed rules for Categories XIV and XVIII contained in 
this proposed rule and the new Category 1 and Category 6 ECCNs 
published separately by the Department of Commerce when reviewed 
together.
    (3) A third key goal of this rulemaking is to establish a ``bright 
line'' between the USML and the CCL for the control of these materials. 
The public is asked to provide specific examples of toxicological 
agents, including chemical agents, biological agents, and associated 
equipment, as well as directed energy weapons, whose jurisdiction would 
be in doubt based on this revision. The public is also asked to comment 
on whether there is a sufficiently clear line drawn between the 
biological items proposed for control by USML Category XIV(b) and those 
proposed for control under the CCL.
    (4) Although the proposed revisions to the USML do not preclude the 
possibility that items in normal commercial use would or should be 
ITAR-controlled because, e.g., they provide the United States with a 
critical military or intelligence advantage, the U.S. government does 
not want to inadvertently control items on the ITAR that are in normal 
commercial use. Items that would be controlled on the USML in this 
proposed rule have been identified as possessing parameters or 
characteristics that provide a critical military or intelligence 
advantage. The public is thus asked to provide specific examples of 
items, or associated technical data, if any, that would be controlled 
in the revised USML Categories XIV or XVIII that are now in normal 
commercial use, or that are

[[Page 34574]]

commonly used or produced in civilian scientific laboratories. The 
examples should demonstrate actual commercial or civilian scientific 
use, not just potential or theoretical use, with supporting documents, 
as well as foreign availability of such items. Additionally, for any 
criteria the public believes control items in normal commercial or 
civilian scientific use, the public is asked to identify parameters or 
characteristics that cover items exclusively or primarily in military 
use. Finally, for any criteria the public believes control items in 
normal commercial use, the public is asked to identify the multilateral 
controls (such as the Wassenaar Arrangement's Dual Use List), if any, 
for such items, and the consequences of such items being controlled on 
the USML.
    (5) The public is asked to provide comment on the proposed 
definition of ``non-naturally occurring'' in Note 2 to Category XIV(b), 
if the proposed definition does not appear to be comprehensive. The 
public is also asked to comment on ``non-naturally occurring'' in the 
context of genetic modification and consider whether the definition is 
sufficient to distinguish military or intelligence purposes from 
commercial or civilian purposes.
    (6) The public is asked to provide specific examples of reagents 
that may be inadvertently controlled by Category XIV(b), XIV(f), 
XIV(g), or XIV(m), that are commonly used for scientific research and 
development, or medical countermeasures that may similarly be 
inadvertently controlled and the dissemination of which would be in the 
interest of public health or medical preparedness.
    (7) The public is asked to specifically evaluate and comment on the 
decision process outlined in the proposed rule that would be used to 
determine whether vaccines that are intended to be developed and used 
to protect public and veterinary health against any event resulting 
from exposure to naturally occurring or non-naturally occurring 
pathogens or toxins is sufficiently clear to allow research and 
commercial entities to determine whether a vaccine would 
unintentionally be captured under this rule. Please provide specific 
examples that demonstrate how the proposed rule would prevent or hinder 
the ability to develop or utilize vaccines for public health or 
veterinary benefit under this proposed language and decision process.
    (8) In the interest of ensuring the security of and control over 
certain types of chemical and biological detection equipment, Category 
XIV(f)(2) could incidentally impose ITAR controls on certain civilian 
and public health equipment containing the items listed in paragraph 
(f)(2). Accordingly, as proposed, paragraph (f)(2) may control 
detection equipment that may not warrant ITAR control, but contains 
items that are fully or partially Defense-funded. The Department 
requests comment from the public, including specific examples of 
equipment that the public believes may be unintentionally controlled by 
this text by virtue of Defense funding.
    In addition, the Department acknowledges that some members of the 
public may not be able comment meaningfully on this matter because they 
lack full awareness of items that have previously been fully or 
partially developed under Defense funding. To the extent that 
commenters require specific additional information about the scope of 
Defense funding in certain contexts, the Department requests that 
commenters identify any relevant gaps in knowledge.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department of State is of the opinion that controlling the 
import and export of defense articles and services is a foreign affairs 
function of the United States Government and that rules implementing 
this function are exempt from sections 553 (Rulemaking) and 554 
(Adjudications) of the Administrative Procedure Act. Although the 
Department is of the opinion that this rule is exempt from the 
rulemaking provisions of the APA, the Department is publishing this 
rule with a 60-day provision for public comment and without prejudice 
to its determination that controlling the import and export of defense 
services is a foreign affairs function. As noted above, and also 
without prejudice to the Department position that this rulemaking is 
not subject to the APA, the Department previously published a related 
Advance Notice of Proposed Rulemaking (RIN 1400-AC78) on December 10, 
2010 (75 FR 76935), and accepted comments for 60 days.

Regulatory Flexibility Act

    Since the Department is of the opinion that this rule is exempt 
from the rulemaking provisions of 5 U.S.C. 553, it does not require 
analysis under the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This proposed amendment does not involve a mandate that will result 
in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any 
year and it will not significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed amendment has been found not to be a major rule 
within the meaning of the Small Business Regulatory Enforcement 
Fairness Act of 1996.

Executive Orders 12372 and 13132

    This proposed amendment will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this proposed amendment does not 
have sufficient federalism implications to require consultations or 
warrant the preparation of a federalism summary impact statement. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this proposed amendment.

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 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, distributed 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 designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 12988

    The Department of State has reviewed the proposed amendment in 
light of sections 3(a) and 3(b)(2) of Executive Order 12988 to 
eliminate ambiguity, minimize litigation, establish clear legal 
standards, and reduce burden.

[[Page 34575]]

Executive Order 13175

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not preempt 
tribal law. Accordingly, Executive Order 13175 does not apply to this 
rulemaking.

Paperwork Reduction Act

    Following is a listing of approved collections that will be 
affected by revision of the U.S. Munitions List (USML) and the Commerce 
Control List pursuant to the President's Export Control Reform (ECR) 
initiative. This rule continues the implementation of ECR. The list of 
collections and the description of the manner in which they will be 
affected pertains to revision of the USML in its entirety, not only to 
the categories published in this rule. In accordance with the Paperwork 
Reduction Act, the Department of State will request comment on these 
collections from all interested persons. In particular, the Department 
will seek comment on changes to licensing burden based on 
implementation of regulatory changes pursuant to ECR, and on projected 
changes based on continued implementation of regulatory changes 
pursuant to ECR. The affected information collections are as follows:
    (1) Statement of Registration, DS-2032, OMB No. 1405-0002. The 
Department estimates that between 3,000 and 5,000 of currently-
registered persons will not need to maintain registration following 
full revision of the USML. This would result in a burden reduction of 
between 6,000 and 10,000 hours annually, based on a revised time burden 
of two hours to complete a Statement of Registration.
    (2) Application/License for Permanent Export of Unclassified 
Defense Articles and Related Unclassified Technical Data, DSP-5, OMB 
No. 1405-0003. The Department estimates that there will be 35,000 fewer 
DSP-5 submissions annually following full revision of the USML. This 
would result in a burden reduction of 35,000 hours annually.
    (3) Application/License for Temporary Import of Unclassified 
Defense Articles, DSP-61, OMB No. 1405-0013. The Department estimates 
that there will be 200 fewer DSP-61 submissions annually following full 
revision of the USML. This would result in a burden reduction of 100 
hours annually.
    (4) Application/License for Temporary Export of Unclassified 
Defense Articles, DSP-73, OMB No. 1405-0023. The Department estimates 
that there will be 800 fewer DSP-73 submissions annually following full 
revision of the USML. This would result in a burden reduction of 800 
hours annually.
    (5) Application for Amendment to License for Export or Import of 
Classified or Unclassified Defense Articles and Related Technical Data, 
DSP-6, -62, -74, -119, OMB No. 1405-0092. The Department estimates that 
there will be 2,000 fewer amendment submissions annually following full 
revision of the USML. This would result in a burden reduction of 1,000 
hours annually.
    (6) Request for Approval of Manufacturing License Agreements, 
Technical Assistance Agreements, and Other Agreements, DSP-5, OMB No. 
1405-0093. The Department estimates that there will be 1,000 fewer 
agreement submissions annually following full revision of the USML. 
This would result in a burden reduction of 2,000 hours annually.
    (7) Maintenance of Records by Registrants, OMB No. 1405-0111. The 
requirement to actively maintain records pursuant to provisions of the 
International Traffic in Arms Regulations (ITAR) will decline 
commensurate with the drop in the number of persons who will be 
required to register with the Department pursuant to the ITAR. As 
stated above, the Department estimates that up to 5,000 of the 
currently-registered persons will not need to maintain registration 
following full revision of the USML. This would result in a burden 
reduction of 100,000 hours annually. However, the ITAR does provide for 
the maintenance of records for a period of five years. Therefore, 
persons newly relieved of the requirement to register with the 
Department may still be required to maintain records.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 121 is proposed to be amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

0
1. The authority citation for part 121 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2651a; Pub. L. 105-261, 112 
Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129.

0
2. Section 121.1 is amended by revising U.S. Munitions List Categories 
XIV and XVIII to read as follows:


Sec.  121.1  The United States Munitions List.

* * * * *

Category XIV--Toxicological Agents, Including Chemical Agents, 
Biological Agents, and Associated Equipment

    *(a) Chemical agents, to include:
    (1) Nerve agents, as follows:
    (i) O-Alkyl (equal to or less than C10, including 
cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphonofluoridates, such as: Sarin (GB): O-Isopropyl 
methylphosphonofluoridate (CAS 107-44-8) (CWC Schedule 1A); and Soman 
(GD): O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0) (CWC Schedule 
1A);
    (ii) O-Alkyl (equal to or less than C10, including 
cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphoramidocyanidates, such as: Tabun (GA): O-Ethyl N, N-
dimethylphosphoramidocyanidate (CAS 77-81-6) (CWC Schedule 1A); or
    (iii) O-Alkyl (H or equal to or less than C10, including 
cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphonothiolates and corresponding alkylated and protonated salts, 
such as VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate 
(CAS 50782-69-9) (CWC Schedule 1A);
    (2) Amiton: O,O-Diethyl S-[2(diethylamino)ethyl] phosphorothiolate 
and corresponding alkylated or protonated salts (CAS 78-53-5) (CWC 
Schedule 2A);
    (3) Vesicant agents, as follows:
    (i) Sulfur mustards, such as: 2-Chloroethylchloromethylsulfide (CAS 
2625-76-5) (CWC Schedule 1A); Bis(2-chloroethyl)sulfide (HD) (CAS 505-
60-2) (CWC Schedule 1A); Bis(2-chloroethylthio)methane (CAS 63839-13-6) 
(CWC Schedule 1A); 1,2-bis (2-chloroethylthio)ethane (CAS 3563-36-8) 
(CWC Schedule 1A); 1,3-bis (2-chloroethylthio)-n-propane (CAS 63905-10-
2) (CWC Schedule 1A); 1,4-bis (2-chloroethylthio)-n-butane (CWC 
Schedule 1A); 1,5-bis (2-chloroethylthio)-n-pentane (CWC Schedule 1A); 
Bis (2-chloroethylthiomethyl)ether (CWC Schedule 1A); Bis (2-
chloroethylthioethyl)ether (CAS 63918-89-8) (CWC Schedule 1A);
    (ii) Lewisites, such as: 2-chlorovinyldichloroarsine (CAS 541-25-3) 
(CWC Schedule 1A); Tris (2-chlorovinyl) arsine (CAS 40334-70-1) (CWC 
Schedule 1A); Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8) (CWC 
Schedule 1A);
    (iii) Nitrogen mustards, or their protonated salts, as follows:

[[Page 34576]]

    (A) HN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8) (CWC 
Schedule 1A);
    (B) HN2: bis (2-chloroethyl) methylamine (CAS 51-75-2) (CWC 
Schedule 1A);
    (C) HN3: tris (2-chloroethyl) amine (CAS 555-77-1) (CWC Schedule 
1A); or
    (D) Other nitrogen mustards, or their salts, having a propyl, 
isopropyl, butyl, isobutyl, or tertiary butyl group on the bis(2-
chloroethyl) amine base;

    Note 1 to paragraph (a)(3)(iii): Pharmaceutical formulations 
containing nitrogen mustards or certain reference standards for 
these formulations are not considered to be chemical agents and are 
subject to the EAR when: 1) the pharmaceutical is in the form of a 
final medical product, or 2) the reference standard contains salts 
of HN2 [bis(2-chloroethyl) methylamine], the quantity to be shipped 
is 150 milligrams or less, and individual shipments do not exceed 
twelve per calendar year per end user.


    Note 2 to paragraph (a)(3)(iii): A ``final medical product,'' as 
used in this paragraph, is a pharmaceutical formulation that is (1) 
designed for testing and administration in the treatment of human 
medical conditions, (2) prepackaged for distribution as a clinical 
or medical product, and (3) approved by the Food and Drug 
Administration to be marketed as a clinical or medical product or 
for use as an ``Investigational New Drug'' (IND) (see 21 CFR part 
312)

    (iv) Ethyldichloroarsine (ED) (CAS 598-14-1); or
    (v) Methyldichloroarsine (MD) (CAS 593-89-5);
    (4) Incapacitating agents, such as:
    (i) 3-Quinuclindinyl benzilate (BZ) (CAS 6581-06-2) (CWC Schedule 
2A);
    (ii) Diphenylchloroarsine (DA) (CAS 712-48-1); or
    (iii) Diphenylcyanoarsine (DC) (CAS 23525-22-6);
    (5) Chemical warfare agents not enumerated above adapted for use in 
war to produce casualties in humans or animals, degrade equipment, or 
damage crops or the environment. (See the CCL at ECCNs 1C350, 1C355, 
and 1C395 for control of certain chemicals not adapted for use in war.)
    Note to paragraph (a)(5): ``Adapted for use in war'' means any 
modification or selection (such as altering purity, shelf life, 
dissemination characteristics, or resistance to ultraviolet radiation) 
designed to increase the effectiveness in producing casualties in 
humans or animals, degrading equipment, or damaging crops or the 
environment.

    Note 1 to paragraph (a): Paragraph (a) of this category does not 
include the following: Cyanogen chloride, Hydrocyanic acid, 
Chlorine, Carbonyl chloride (Phosgene), Ethyl bromoacetate, Xylyl 
bromide, Benzyl bromide, Benzyl iodide, Chloro acetone, Chloropicrin 
(trichloronitromethane), Fluorine, and Liquid pepper.


    Note 2 to paragraph (a): Regarding U.S. obligations under the 
Chemical Weapons Convention (CWC), refer to Chemical Weapons 
Convention Regulations (CWCR) (15 CFR parts 710 through 722). As 
appropriate, the CWC schedule is provided to assist the exporter.

    *(b) Biological agents and biologically derived substances and 
genetic elements thereof as follows:
    (1) Genetically modified biological agents:
    (i) Having non-naturally occurring genetic modifications which 
result in an increase in any of the following:
    (A) Persistence in a field environment (e.g., resistance to oxygen, 
UV damage, temperature extremes, or arid conditions); or
    (B) The ability to defeat or overcome standard detection methods, 
personnel protection, natural or acquired host immunity, host immune 
response, or response to standard medical countermeasures; and
    (ii) Being any micro-organisms/toxins or their non-naturally 
occurring genetic elements as listed below:
    (A) Bacillus anthracis;
    (B) Botulinum neurotoxin producing species of Clostridium;
    (C) Burkholderia mallei;
    (D) Burkholderia pseudomallei;
    (E) Ebola virus;
    (F) Foot-and-mouth disease virus;
    (G) Francisella tularensis;
    (H) Marburg virus;
    (I) Variola major virus (Smallpox virus);
    (J) Variola minor virus (Alastrim);
    (K) Yersinia pestis; or
    (L) Rinderpest virus.
    (2) Biological agent or biologically derived substances controlled 
in ECCNs 1C351, 1C352, 1C353, or 1C354:
    (i) Physically modified, formulated, or produced as any of the 
following:
    (A) 1--10 micron particle size;
    (B) Particle-absorbed or combined with nano-particles;
    (C) Having coatings/surfactants, or
    (D) By microencapsulation; and
    (ii) Meeting the criteria of paragraph (b)(2)(i) of this category 
in a manner that results in an increase in any of the following:
    (A) Persistence in a field environment (e.g., resistant to oxygen, 
UV damage, temperature extremes, or arid conditions);
    (B) Dispersal characteristics (e.g., reduce the susceptibility to 
shear forces, optimize electrostatic charges); or
    (C) The ability to defeat or overcome: standard detection methods, 
personnel protection, natural or acquired host immunity, or response to 
standard medical countermeasures.

    Note 1 to paragraph (b):  Non-naturally occurring means that the 
modification has not already been observed in nature, was not 
discovered from samples obtained from nature, and was developed with 
human intervention.


    Note 2 to paragraph (b): This paragraph does not control 
biological agents or biologically derived substances, when these 
agents or substances have been demonstrated to be attenuated 
relative to natural pathogenic isolates, and are incapable of 
causing disease or intoxication of ordinarily affected and relevant 
species (e.g., humans, livestock, crop plants) due to the 
attenuation of virulence or pathogenic factors. This paragraph also 
does not control genetic elements, nucleic acids, or nucleic acid 
sequences (whether recombinant or synthetic) that are unable to 
produce or direct the biosynthesis of infectious or functional forms 
of the biological agents or biologically derived substances that are 
capable of causing disease or intoxication of ordinarily affected 
and relevant species.


    Note 3 to paragraph (b): Biological agents or biologically 
derived substances that meet both paragraphs (b)(1) and (b)(2) of 
this category are controlled in paragraph (b)(1).

    *(c) Chemical agent binary precursors and key precursors, as 
follows:
    (1) Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonyl 
difluorides, such as: DF: Methyl Phosphonyldifluoride (CAS 676-99-3) 
(CWC Schedule 1B); Methylphosphinyldifluoride (CAS 753-59-3) (CWC 
Schedule 2B);
    (2) O-Alkyl (H or equal to or less than C10, including 
cycloalkyl) O-2-dialkyl (methyl, ethyl, n-Propyl or isopropyl) 
aminoethyl alkyl (methyl, ethyl, N-propyl or isopropyl) phosphonite and 
corresponding alkylated and protonated salts, such as QL: O-Ethyl-2-di-
isopropylaminoethyl methylphosphonite (CAS 57856-11-8) (CWC Schedule 
1B);
    (3) Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445-
76-7) (CWC Schedule 1B);
    (4) Chlorosoman: O-Pinakolyl methylphosphonochloridate (CAS 7040-
57-5) (CWC Schedule 1B); or
    (5) Methlyphosphonyl dichloride (CAS 676-97-1) (CWC Schedule 2B); 
Methylphosphinyldichloride (CAS 676-83-5) (CWC Schedule 2B).
    (d) [Reserved]
    (e) Defoliants, as follows:
    (1) 2,4,5-trichlorophenoxyacetic acid (CAS 93-76-5) mixed with 2,4-
dichlorophenoxyacetic acid (CAS 94-75-7) (Agent Orange (CAS 39277-47-
9));or
    (2) Butyl 2-chloro-4-fluorophenoxyacetate (LNF).
    *(f) Equipment or items, as follows:

[[Page 34577]]

    (1) Any equipment for the dissemination, dispersion, or testing of 
items controlled in paragraphs (a), (b), (c), or (e) of this category, 
as follows:
    (i) Any equipment ``specially designed'' for the dissemination and 
dispersion of items controlled in paragraphs (a), (b), (c), or (e) of 
this category; or
    (ii) Any equipment ``specially designed'' for testing the items 
controlled in paragraphs (a), (b), (c), (e), or (f)(4) of this category 
developed under a Department of Defense contract or other funding 
authorization.
    (2) Any equipment containing reagents, algorithms, coefficients, 
software, libraries, spectral databases, or alarm set point levels 
developed under a Department of Defense contract or other funding 
authorization for the detection, identification, warning, or monitoring 
of:
    (i) Items controlled in paragraphs (a) or (b) of this category; or
    (ii) Chemical or biological agents specified by a Department of 
Defense contract or other funding authorization.

    Note 1 to paragraph (f)(2): This paragraph does not control 
items that are (a) determined to be subject to the EAR via a 
commodity jurisdiction determination (see Sec.  120.4 of this 
subchapter), or (b) identified in the relevant Department of Defense 
contract or other funding authorization as being developed for both 
civil and military applications.


    Note 2 to paragraph (f)(2): Note 1 does not apply to defense 
articles enumerated on the USML.


    Note 3 to paragraph (f)(2): This paragraph is applicable only to 
those contracts and funding authorizations that are dated [DATE ONE 
YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later.

    (3) [Reserved]
    (4) For individual protection or collective protection against the 
items controlled in paragraphs (a) and (b) of this category, as 
follows:
    (i) M53 Chemical Biological Protective Mask or M50 Joint Service 
General Purpose Mask (JSGPM);
    (ii) Filter cartridges containing sorbents controlled in paragraph 
(f)(4)(iii) of this category;
    (iii) ASZM-TEDA carbon; or
    (iv) Ensembles, garments, suits, jackets, pants, boots, or socks 
for individual protection, and liners for collective protection that 
allow no more than 1% breakthrough of GD or no more than 2% of HD;

    Note to paragraph (f)(4)(iv): Evaluation is made by applying 10 
mg of GD or HD to a 1-inch swatch. Ambient air is directed through 
the swatch for 24 hours and sampled/tested from the opposite side of 
the swatch using a gas chromatograph with flame photometric detector 
(FPD) or pulsed FPD (PFPD) and using sorption/desorption tools to 
increase sensitivity.

    (5) [Reserved]
    (6) [Reserved]
    (7) Chemical Agent Resistant Coatings that have been qualified to 
military specifications (MIL-DTL-64159, MIL-C-46168, or MIL-C-53039); 
or
    (8) Any equipment, material, tooling, hardware or test equipment 
that:
    (i) Is classified;
    (ii) Is manufactured using classified production data; or
    (iii) Is being developed using classified information.

    Note to paragraph (f)(8):  ``Classified'' means classified 
pursuant to Executive Order 13526, or predecessor order, and a 
security classification guide developed pursuant thereto or 
equivalent, or to the corresponding classification rules of another 
government.

    (g) Antibodies, recombinant protective antigens, polynucleotides, 
biopolymers, or biocatalysts (including their expression vectors, 
viruses, plasmids, or cultures of specific cells modified to produce 
them) as follows:
    (1) When exclusively funded by a Department of Defense contract for 
detection of the biological agents at paragraph (b)(1)(ii) of this 
category even if naturally occurring;
    (2) Joint Biological Agent Identification and Diagnostic System 
(JBAIDS) Freeze Dried reagents listed by JRPD-ASY-No and Description 
respectively as follows:
    (i) JRPD-ASY-0016 Q-Fever IVD Kit;
    (ii) JRPD-ASY-0100 Vaccinia (Orthopox);
    (iii) JRPD-ASY-0106 Brucella melitensis (Brucellosis);
    (iv) JRPD-ASY-0108 Rickettsia prowazekii (Rickettsia);
    (v) JRPD-ASY-0109 Burkholderia ssp. (Burkholderia);
    (vi) JRPD-ASY-0112 Eastern equine encephalitis (EEE);
    (vii) JRPD-ASY-0113 Western equine encephalitis (WEE);
    (viii) JRPD-ASY-0114 Venezuelan equine encephalitis (VEE);
    (ix) JRPD-ASY-0122 Coxiella burnetii (Coxiella);
    (x) JRPD-ASY-0136 Influenza A/H5 IVD Detection Kit;
    (xi) JRPD-ASY-0137 Influenza A/B IVD Detection Kit; or
    (xii) JRPD-ASY-0138 Influenza A Subtype IVD Detection Kit;
    (3) Critical Reagent Polymerase (CRP) Chain Reactions (PCR) assay 
kits with Catalog-ID and Catalog-ID Product respectively as follows:
    (i) PCR-BRU-1FB-B-K Brucella Target 1 FastBlock Master Mix 
Biotinylated;
    (ii) PCR-BRU-1FB-K Brucella Target 1 FastBlock Master Mix;
    (iii) PCR-BRU-1R-K Brucella Target 1 LightCycler/RAPID Master Mix;
    (iv) PCR-BURK-2FB-B-K Burkholderia Target 2 FastBlock Master Mix 
Biotinylated;
    (v) PCR-BURK-2FB-K Burkholderia Target 2 FastBlock Master Mix;
    (vi) PCR-BURK-2R-K Burkholderia Target 2 LightCycler/RAPID Master 
Mix;
    (vii) PCR-BURK-3FB-B-K Burkholderia Target 3 FastBlock Master Mix 
Biotinylated;
    (viii) PCR-BURK-3FB-K Burkholderia Target 3 FastBlock Master Mix;
    (ix) PCR-BURK-3R-K Burkholderia Target 3 LightCycler/RAPID Master 
Mix;
    (x) PCR-COX-1FB-B-K Coxiella burnetii Target 1 FastBlock Master Mix 
Biotinylated;
    (xi) PCR-COX-1R-K Coxiella burnetii Target 1 LightCycler/RAPID 
Master Mix;
    (xii) PCR-COX-2R-K Coxiella burnetii Target 2 LightCycler/RAPID 
Master Mix;
    (xiii) PCR-OP-1FB-B-K Orthopox Target 1 FastBlock Master Mix 
Biotinylated;
    (xiv) PCR-OP-1FB-K Orthopox Target 1 FastBlock Master Mix;
    (xv) PCR-OP-1R-K Orthopox Target 1 LightCycler/RAPID Master Mix;
    (xvi) PCR-OP-2FB-B-K Orthopox Target 2 FastBlock Master Mix 
Biotinylated;
    (xvii) PCR-OP-3R-K Orthopox Target 3 LightCycler/RAPID Master Mix;
    (xviii) PCR-RAZOR-BT-X PCR-RAZOR-BT-X RAZOR CRP BioThreat-X 
Screening Pouch;
    (xix) PCR-RIC-1FB-K Ricin Target 1 FastBlock Master Mix;
    (xx) PCR-RIC-1R-K Ricin Target 1 LightCycler/RAPID Master Mix;
    (xxi) PCR-RIC-2R-K Ricin Target 2 LightCycler/RAPID Master Mix; or
    (xxii) PCR-VEE-1R-K Venezuelan equine encephalitis Target 1 
LightCycler/RAPID Master Mix; or
    (4) Critical Reagent Program Antibodies with Catalog ID and Product 
respectively as follows:
    (i) AB-AG-RIC Aff. Goat anti-Ricin;
    (ii) AB-ALVG-MAB Anti-Alphavirus Generic Mab;
    (iii) AB-AR-SEB Aff. Rabbit anti-SEB;
    (iv) AB-BRU-M-MAB1 Anti-Brucella melitensis Mab 1;
    (v) AB-BRU-M-MAB2 Anti-Brucella melitensis Mab 2;
    (vi) AB-BRU-M-MAB3 Anti-Brucella melitensis Mab 3;
    (vii) AB-BRU-M-MAB4 Anti-Brucella melitensis Mab 4;
    (viii) AB-CHOL-0139-MAB Anti-V.cholerae 0139 Mab;
    (ix) AB-CHOL-01-MAB Anti-V. cholerae 01 Mab;

[[Page 34578]]

    (x) AB-COX-MAB Anti-Coxiella Mab;
    (xi) AB-EEE-MAB Anti-EEE Mab;
    (xii) AB-G-BRU-A Goat anti-Brucella abortus;
    (xiii) AB-G-BRU-M Goat anti-Brucella melitensis;
    (xiv) AB-G-BRU-S Goat anti-Brucella suis;
    (xv) AB-G-CHOL-01 Goat anti-V.cholerae 0:1;
    (xvi) AB-G-COL-139 Goat anti-V.cholerae 0:139;
    (xvii) AB-G-DENG Goat anti-Dengue;
    (xviii) AB-G-RIC Goat anti-Ricin;
    (xix) AB-G-SAL-T Goat anti-S. typhi;
    (xx) AB-G-SEA Goat anti-SEA;
    (xxi) AB-G-SEB Goat anti-SEB;
    (xxii) AB-G-SEC Goat anti-SEC;
    (xxiii) AB-G-SED Goat anti-SED;
    (xxiv) AB-G-SEE Goat anti-SEE;
    (xxv) AB-G-SHIG-D Goat anti-Shigella dysenteriae;
    (xxvi) AB-R-BA-PA Rabbit anti-Protective Antigen;
    (xxvii) AB-R-COX Rabbit anti-C. burnetii;
    (xxviii) AB-RIC-MAB1 Anti-Ricin Mab 1;
    (xxix) AB-RIC-MAB2 Anti-Ricin Mab 2;
    (xxx) AB-RIC-MAB3 Anti-Ricin Mab3;
    (xxxi) AB-R-SEB Rabbit anti-SEB;
    (xxxii) AB-R-VACC Rabbit anti-Vaccinia;
    (xxxiii) AB-SEB-MAB Anti-SEB Mab;
    (xxxiv) AB-SLT2-MAB Anti-Shigella-like t x2 Mab;
    (xxxv) AB-T2T-MAB1 Anti-T2 Mab 1;
    (xxxvi) AB-T2T-MAB2 Anti-T2 Toxin 2;
    (xxxvii) AB-VACC-MAB1 Anti-Vaccinia Mab 1;
    (xxxviii) AB-VACC-MAB2 Anti-Vaccinia Mab 2;
    (xxxix) AB-VACC-MAB3 Anti-Vaccinia Mab 3;
    (xl) AB-VACC-MAB4 Anti-Vaccinia Mab 4;
    (xli) AB-VACC-MAB5 Anti-Vaccinia Mab 5;
    (xlii) AB-VACC-MAB6 Anti-Vaccinia Mab 6;
    (xliii) AB-VEE-MAB1 Anti-VEE Mab 1;
    (xliv) AB-VEE-MAB2 Anti-VEE Mab 2;
    (xlv) AB-VEE-MAB3 Anti-VEE Mab 3;
    (xlvi) AB-VEE-MAB4 Anti-VEE Mab 4;
    (xlvii) AB-VEE-MAB5 Anti-VEE Mab 5
    (xlviii) AB-VEE-MAB6 Anti-VEE Mab 6; or
    (xlix) AB-WEE-MAB Anti-WEE Complex Mab.
    (h) Vaccines exclusively funded by a Department of Defense 
contract, as follows:
    (1) Recombinant Botulinum Toxin A/B Vaccine;
    (2) Recombinant Plague Vaccine;
    (3) Trivalent Filovirus Vaccine; or
    (4) Vaccines specially designed for the sole purpose of protecting 
against biological agents and biologically derived substances 
identified in paragraph (b) of this category.

    Note to paragraph (h): See ECCN 1A607.k for military medical 
countermeasures such as autoinjectors, combopens, and creams.

    (i) Modeling or simulation tools, including software controlled in 
paragraph (m) of this category, for chemical or biological weapons 
design, development, or employment developed or produced under a 
Department of Defense contract or other funding authorization (e.g., 
the Department of Defense's HPAC, SCIPUFF, and the Joint Effects Model 
(JEM)).
    (j)--(l) [Reserved]
    (m) Technical data (as defined in Sec.  120.10 of this subchapter) 
and defense services (as defined in Sec.  120.9 of this subchapter) 
directly related to the defense articles enumerated in paragraphs (a) 
through (l) and (n) of this category; (See Sec.  125.4 of this 
subchapter for exemptions.)
    (n) Developmental countermeasures or sorbents funded by the 
Department of Defense via contract or other funding authorization;

    Note 1 to paragraph (n): This paragraph does not control 
countermeasures or sorbents that are (a) in production, (b) 
determined to be subject to the EAR via a commodity jurisdiction 
determination (see Sec.  120.4 of this subchapter), or (c) 
identified in the relevant Department of Defense contract or other 
funding authorization as being developed for both civil and military 
applications.


    Note 2 to paragraph (n): Note 1 does not apply to defense 
articles enumerated on the USML, whether in production or 
development.


    Note 3 to paragraph (n): This paragraph is applicable only to 
those contracts and funding authorizations that are dated [DATE ONE 
YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later.

    (o)-(w) [Reserved]
    (x) Commodities, software, and technology subject to the EAR (see 
Sec.  120.42 of this subchapter) used in or with defense articles 
controlled in this category.

    Note to paragraph (x): Use of this paragraph is limited to 
license applications for defense articles controlled in this 
category where the purchase documentation includes commodities, 
software, or technology subject to the EAR (see Sec.  123.1(b) of 
this subchapter).

* * * * *

Category XVIII--Directed Energy Weapons

    *(a) Directed energy weapons (DEW): systems or equipment that, as 
their sole or primary purpose (i.e., not as a result of incidental, 
accidental or collateral effect), degrade, destroy or cause mission-
abort of a target; disturb, disable, or damage electronic circuitry, 
sensors or explosive devices remotely; deny area access; cause lethal 
effects; or cause permanent or flash blindness using any non-acoustic 
technique such as lasers (including continuous wave or pulsed lasers), 
particle beams, particle accelerators that project a charged or neutral 
particle beam, high power radio-frequency (RF), or high pulsed power or 
high average power radio frequency beam transmitters.
    *(b) Systems or equipment specially designed to detect, identify or 
provide defense against articles specified in paragraph (a) of this 
category.
    (c)-(d) [Reserved]
    (e) Components, parts, accessories, attachments, and associated 
systems or equipment specially designed for any of the articles in 
paragraphs (a) and (b) of this category.
    (f) Developmental directed energy weapons funded by the Department 
of Defense via contract or other funding authorization;

    Note 1 to paragraph (f): This paragraph does not control 
directed energy weapons (a) in production, (b) determined to be 
subject to the EAR via a commodity jurisdiction determination (see 
Sec.  120.4 of this subchapter), or (c) identified in the relevant 
Department of Defense contract or other funding authorization as 
being developed for both civil and military applications.


    Note 2 to paragraph (f): Note 1 does not apply to defense 
articles enumerated on the USML, whether in production or 
development.


    Note 3 to paragraph (f): This paragraph is applicable only to 
those contracts and funding authorizations that are dated [DATE ONE 
YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later.

    (g) Technical data (as defined in Sec.  120.10 of this subchapter) 
and defense services (as defined in Sec.  120.9 of this subchapter) 
directly related to the defense articles enumerated in paragraphs (a) 
through (e) of this category;
    (h)-(w) [Reserved]
    (x) Commodities, software, and technology subject to the EAR (see 
Sec.  120.42 of this subchapter) used in or with defense articles 
controlled in this category.

    Note to paragraph (x): Use of this paragraph is limited to 
license applications

[[Page 34579]]

for defense articles controlled in this category where the purchase 
documentation includes commodities, software, or technology subject 
to the EAR (see Sec.  123.1(b) of this subchapter).


    Dated: June 3, 2015.
 Rose E. Gottemoeller,
 Under Secretary, Arms Control and International Security, Department 
of State.
[FR Doc. 2015-14472 Filed 6-16-15; 8:45 am]
 BILLING CODE 4710-25-P