Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations, 61153-61162 [2017-27616]
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations
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(3) For RRC service information identified
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[FR Doc. 2017–27778 Filed 12–26–17; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 734, 738, 740, 746,
and 774
[170207157–7157–01]
RIN 0694–AH31
Revisions, Clarifications, and
Technical Corrections to the Export
Administration Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule; correcting
amendments.
AGENCY:
In this final rule, the Bureau
of Industry and Security corrects certain
provisions in the Export Administration
Regulations (EAR) to provide accurate
references and fix typographical errors,
and amend several Export Control
Classification Numbers (ECCNs) to
enhance consistency with the other
ECCNs on the Commerce Control List
(CCL). The corrections are editorial in
nature and do not affect license
requirements.
SUMMARY:
This rule is effective December
27, 2017.
FOR FURTHER INFORMATION CONTACT: Ivan
Mogensen, Office of Exporter Services,
Bureau of Industry and Security, by
telephone: (202) 482–2440 or email:
Ivan.Mogensen@bis.doc.gov.
SUPPLEMENTARY INFORMATION:
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DATES:
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Overview
This final rule updates six parts of the
EAR to correct typographical errors,
clarify inaccurate or unclear internal
references, and correct inconsistencies
in certain entries on the Commerce
Control List (CCL).
Part 732
Section 732.4(b) discusses steps to be
taken when reviewing license
exceptions for exports and reexports. In
§ 732.4(b)(7)(ii), there is a reference to
§ 740.20(g) listing ECCNs that may be
eligible for subsequent export or
reexport under license exception STA,
following submission of a license
application. However, only ECCN
9A610.a is listed in § 732.4(b)(7)(ii),
while ECCNs 0A606.a, 8A609.a,
8A620.a, 8A620.b, ‘‘spacecraft’’ in ECCN
subparagraphs 9A515.a.1, a.2, a.3, a.4,
9A515.g, and 9E515.b, .d, .e, and .f
(which also now appear in § 740.20(g)),
are inadvertently omitted. This
correction adds the omitted items listed
in § 740.20(g) to § 732.4(b)(7)(ii).
Additionally, because these items
include both commodities and
technology, the term ‘‘aircraft’’ in the
reference to 9A610.a is replaced with
‘‘item.’’
This rule also clarifies and corrects
the Export Control Decision Tree
diagram in supplement No. 1 to part 732
that was last revised in a final rule
published February 6, 2004 (69 FR 5686
(Feb. 6, 2004)). Several of the decision
‘‘blocks’’ in the flowchart contain
references that are unclear or incorrect.
This rule provides clarity by changing
references to the general prohibitions to
citations of specific sections of the EAR,
and correcting improper citations to
ensure that the citations contained in all
decision blocks coincide with the
appropriate sections of the EAR.
Specifically, the changes are as follows:
In the block which begins ‘‘Is your item
classified under an ECCN on the CCL,’’
a direct citation to § 736.2(b)(1) through
(3) replaces a reference to General
Prohibitions 1 through 3, which did not
inform the reader where the
prohibitions could be found in the EAR;
in the block which begins ‘‘Is there an
‘X’ in the box,’’ the EAR citations now
directly follow references to the
Commerce Country Chart and the CCL,
respectively; and, in the block which
begins ‘‘Use License Exception,’’ the
citation to § 740.1, which is an
introduction, is replaced with a
reference to the whole of part 740.
Additionally, several grammatical errors
are addressed, and the section symbol
(‘‘§ ’’) is added wherever a section of the
EAR is referenced in the decision blocks
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61153
for clarity. Finally, this final rule
changes the supplement’s name from
‘‘Decision Tree’’ to ‘‘Export Control
Decision Tree’’ to match the title of the
diagram, and the duplicative
parenthetical in the graphic title reading
‘‘(Supp. No. 1 to Part 732)’’ is deleted.
Part 734
Section 734.18 was created in the rule
Revisions to Definitions in the Export
Administration Regulations (81 FR
35586 (June 3, 2016)) and discusses
activities that are not exports, reexports,
or transfers. The note following the end
of § 734.18(a)(5)(iv) discusses data in
transit via the internet, but the note is
incorrectly described as the note to
paragraph (a)(4)(iv). This rule changes
the note to refer to § 734.18(a)(5)(iv).
Part 738
In § 738.2(d)(1), Composition of an
entry, there is a description of the
meaning attached to each alphanumeric
character making up an Export Control
Classification Number. This paragraph
currently explains that the second
‘‘digit’’ in an ECCN indicates the
‘‘Reason for Control.’’ However, in
paragraph (d)(1)(i) of this section, the
paragraph refers to the Reason for
Control as the third ‘‘digit.’’ This final
rule amends § 738.2(d)(1)(i) to replace
the word ‘‘digit’’ with ‘‘alphanumeric
character’’ in order to maintain
consistency and prevent confusion.
Additionally, in § 738.2, this final rule
makes a correction in
§ 738.2(d)(2)(iv)(C)(2). The text of this
paragraph uses ECCN 2B992 as an
example when providing an overview of
how to read an ECCN heading on the
Commerce Control List (CCL). However,
in the latter part of the section, the text
erroneously references ECCN 2B999
instead of 2B992. This rule replaces the
reference to ECCN 2B999 with 2B992 in
this section to correct the ECCN
reference.
Part 740
Section 740.20(g)(1) lists 9x515 and
‘‘600 series’’ ECCNs that are eligible for
license exception Strategic Trade
Authorization. This includes ECCNs
9A515.a.1, .a.2, .a.3, .a.4, and .g,
9A610.a, and technology ECCNs
9E515.b, .d, .e, and .f. In the final rule
Revisions to the Export Administration
Regulations (EAR): Control of
Spacecraft Systems and Related Items
the President Determines No Longer
Warrant Control under the United States
Munitions List (USML) (82 FR 2875 (Jan.
10, 2017)), the phrase ‘‘that provide
space-based logistics, assembly or
servicing of any spacecraft (e.g.,
refueling)’’ following the list of ECCN
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9A515 items paragraphs was intended
to be removed since it is only applicable
to 9A515.a.4 and not to the other
ECCNs. Since the phrase was not
removed, this rule removes the phrase
to prevent confusion by users.
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Part 746
This rule amends § 746.9(a) by
removing an outdated reference to
§ 734.2(b) for the definitions of ‘‘deemed
export’’ and ‘‘deemed reexport,’’ as that
section is currently reserved, and
replacing it with references to
§§ 734.13(b) and 734.14(b), because the
relevant definitions for deemed
‘‘export’’ and deemed ‘‘reexport’’ has
been found in those two sections of the
EAR since the publication of the final
rule Revisions to Definitions in the
Export Administration Regulations (81
FR 35586). Additionally, consistent
with the guidance in § 774.1(d), the
double quotes around deemed export
and deemed reexport in § 746.9 are
removed as these terms do not appear in
§ 772.1.
Part 774
This rule makes corrections to six
ECCNs in supplement No. 1 to part 774,
‘‘Commerce Control List,’’ by correcting
misspellings and creating conforming
changes. The corrections are as follows:
ECCNs 0A606, 8A609, and 9A610:
This final rule amends these ECCNs to
correct the title of § 740.20(g) that is
referenced in paragraph (1) in the
Special Conditions for STA section of
the ECCN entries. Currently, these
sections refer to § 740.20(g) as License
Exception STA eligibility requests for
‘‘600 series’’ end items, when the
current title for this section is License
Exception STA eligibility requests for
9x515 and ‘‘600 series’’ items. The title
of § 740.20(g) was changed in the rule
Revisions to the Export Administration
Regulations (EAR): Control of
Spacecraft Systems and Related Items
the President Determines No Longer
Warrant Control Under the United
States Munitions List (USML); (79 FR
27417 (May 13, 2014)), but the change
was not made to the corresponding
ECCNs. This rule amends the title
reference in these ECCNs to match the
current title of § 740.20(g).
ECCNs 0D606.a and 0E606.a: This
final rule amends ECCN subparagraphs
0D606.a and 0E606.a to include
references to ECCNs 0B606 and 0C606.
The headings of both 0D606 and 0E606
refer to 0B606 and 0C606 but these
references do not appear in Items
paragraph .a of the List of Items
Controlled section. This inconsistency
has generated confusion as to whether
0D606.a software ‘‘specially designed’’
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for the ‘‘development,’’ ‘‘production,’’
operation or maintenance of the items
controlled under ECCNs 0B606 and
0C606 or 0E606.a technology required
for the ‘‘development,’’ ‘‘production,’’
operation or maintenance of the items
controlled under ECCNs 0B606 and
0C606 is controlled or not. This edit
removes this confusion by clarifying
that such software is controlled under
ECCN 0D606.a and such technology is
controlled under ECCN 0E606.a.
ECCN 2B352: This final rule corrects
ECCN 2B352 by revising, in the List of
Items Controlled section, Items
paragraphs g.1, i.1, i.2 and i.3 and the
Technical Notes at the end of the Items
paragraphs. The corrections are as
follows: The word ‘‘dependant’’ is
replaced with the American spelling of
the word ‘‘dependent’’ in Items
paragraph g.1; double quotes are added
around the term ‘‘aircraft’’ in Items
paragraphs i.1 and i.2, and in Technical
Notes 1 and 3 because ‘‘aircraft’’ is a
defined term in the EAR; double quotes
are added around the term ‘‘laser’’ in
Technical Notes 3.a and .b for the same
reason; double quotes are replaced with
single quotes around the term ‘VMD’ in
Items paragraphs i.1 and i.2 and the
term is clarified in Technical Note 3;
single quotes are added to the term
‘aerosol generating units’ in Items
paragraphs i.2 and i.3 and Technical
Note 1.
ECCN 8A609: This final rule revises
Related Control paragraph (3) under the
List of Items Controlled section in ECCN
8A609 to add a reference to Category VI
of the International Traffic in Arms
Regulations (ITAR). This is done to
indicate that certain diesel engines and
electric motors for both EAR surface
vessels of war and ITAR surface vessels
of war are controlled under ECCN
8A992.g. Additionally, double quotes
are added around the term ‘‘subject to
the EAR’’ because it is a defined term in
the EAR.
Export Administration Act
Since August 21, 2001, the Export
Administration Act of 1979, as
amended, has been in lapse. However,
the President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013),
and as extended by the Notice of August
15, 2017, 82 FR 39005 (August 16, 2017)
has continued the EAR in effect under
the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.). BIS
continues to carry out the provisions of
the Export Administration Act, as
appropriate and to the extent permitted
by law, pursuant to Executive Order
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13222 as amended by Executive Order
13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive 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
does not impose any regulatory burden
on the public and is consistent with the
goals of Executive Order 13563. This
rule has been designated not significant
for purposes of Executive Order 12866.
This rule is not an Executive Order
13771 regulatory action because this
rule is not significant under Executive
Order 12866.
2. This final rule does not contain
information collections subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA). Notwithstanding any
other provision of law, no person is
required to respond to, nor is subject to
a penalty for failure to comply with, a
collection of information, subject to the
requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number.
3. This rule does not contain policies
with Federalism implications as that
term is defined in Executive Order
13132.
4. The Department of Commerce finds
that there is good cause under 5 U.S.C.
553(b)(B) to waive the provisions of the
Administrative Procedure Act otherwise
requiring prior notice and the
opportunity for public comment
because they are unnecessary. The
revisions made by this rule are
administrative in nature and do not
affect the privileges and obligations of
the public. Additionally, it is important
that the edits and clarifications are
added as soon as possible to prevent
improper interpretation of the EAR. The
Department also finds that there is good
cause under 5 U.S.C. 553(b)(A) to waive
the provisions of the Administrative
Procedure Act requiring notice and
comment because these changes are
limited to providing guidance on
existing interpretations of current EAR
provisions. Because these revisions are
not substantive changes to the EAR, the
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30-day delay in effectiveness otherwise
required by 5 U.S.C. 553(d) is not
applicable. No other law requires that a
notice of proposed rulemaking and
opportunity for public comment be
given for this rule. The analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable because no general notice
of proposed rulemaking was required
for this rule by 5 U.S.C. 553, or by any
other law. Accordingly, no regulatory
flexibility analysis is required and none
has been prepared.
List of Subjects
15 CFR Part 732
Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements
15 CFR Part 734
Administrative practice and
procedure, Exports, Inventions and
patents, Research, Science and
technology
15 CFR Part 738
Exports
15 CFR Part 740
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Administrative practice and
procedure, Exports, Reporting and
recordkeeping requirements.
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15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping
requirements.
Accordingly, parts 732, 734, 738, 740,
746, and 774 of the Export
Administration Regulations (15 CFR
parts 730 through 774) are amended as
follows:
PART 732—[AMENDED]
1. The authority citation for 15 CFR
part 732 continues to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,
3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice
of August 15, 2017, 82 FR 39005 (August 16,
2017).
2. Section 732.4 is amended by
revising paragraph (b)(7)(ii) to read as
follows:
■
§ 732.4 Steps regarding License
Exceptions.
*
*
*
*
*
(b) * * *
(7) * * *
(ii) If you are going to file a license
application with BIS for the export,
reexport, or in-country transfer for
aircraft or military vessels controlled
under ECCNs 0A606.a, 8A609.a,
8A620.a, 8A620.b, certain ‘‘spacecraft’’
controlled under ECCN subparagraphs
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61155
9A515.a.1, a.2, a.3, a.4 or 9A515.g,
ECCN 9A610.a, or technology under
ECCNs 9E515.b, .d, .e, or .f, § 740.20(g)
permits you to request in the
application that subsequent exports of
the type of aircraft, spacecraft, military
vessels, or technology at issue be
eligible for export under License
Exception STA. The types of ‘‘items’’
controlled under ECCNs 0A606.a,
8A609.a, 8A620.a, 8A620.b, certain
spacecraft controlled under ECCN
subparagraphs 9A515.a.1, a.2, a.3, a.4 or
9A515.g, ECCN 9A610.a, and
technology ECCNs 9E515.b, .d, .e, or .f,
that have been determined to be eligible
for License Exception STA pursuant to
§ 740.20(g) are identified in the License
Exceptions paragraphs of ECCNs 0A606,
8A609, 8A620, 9A610, 9A515, and
9E515. Supplement No. 2 to part 748,
paragraph (w) (License Exception STA
eligibility requests), contains the
instructions for such applications.
Note 1 to paragraph (b)(7)(ii): If you intend
to use License Exception STA, return to
paragraphs (a) and then (b) of this section to
review the Steps regarding the use of license
exceptions.
*
*
*
*
*
3. Supplement No. 1 to part 732 is
revised to read as follows:
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BILLING CODE 3510–33–C
§ 734.18
PART 734—[AMENDED]
■
4. The authority citation for 15 CFR
part 734 continues to read as follows:
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■
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR,
1994 Comp., p. 950; E.O. 13020, 61 FR 54079,
3 CFR, 1996 Comp., p. 219; E.O. 13026, 61
FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014
Comp., p. 223; Notice of November 8, 2016,
81 FR 79379 (November 10, 2016); Notice of
August 15, 2017, 82 FR 39005 (August 16,
2017).
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[Amended]
5. Section 734.18 is amended by
redesignating the note to paragraph
(a)(4)(iv) as note 1 to paragraph
(a)(5)(iv).
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; Notice of August 15, 2017, 82 FR
39005 (August 16, 2017).
PART 738—[AMENDED]
7. Section 738.2 is amended by
revising paragraphs (d)(1)(i) and
(d)(2)(iv)(C)(2) to read as follows:
6. The authority citation for 15 CFR
part 738 continues to read as follows:
§ 738.2 Commerce Control List (CCL)
structure.
■
Authority: 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
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■
*
*
*
*
*
(d) * * *
(1) * * *
(i) Since Reasons for Control are not
mutually exclusive, numbers are
assigned in order of precedence. As an
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example, if an item is controlled for
both National Security and Missile
Technology reasons, the entry’s third
alphanumeric character will be a ‘‘0’’. If
the item is controlled only for Missile
Technology the third alphanumeric
character will be ‘‘1’’.
(2) * * *
(iv) * * *
(C) * * *
(2) ‘‘(See List of Items Controlled)’’ is
in the middle of the ECCN heading. If
the phrase ‘‘(see List of Items
Controlled)’’ appears in the middle of
the ECCN heading, then all portions of
the heading that follow the phrase ‘‘(see
List of Items Controlled)’’ will list items
controlled in addition to the list in the
‘‘items’’ paragraph. An example of such
a heading is ECCN 2B992 Non‘‘numerically controlled’’ machine tools
for generating optical quality surfaces,
(see List of Items Controlled) and
‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor. Under the
ECCN 2B992 example, the ‘‘items’’
paragraph must be reviewed to
determine whether your item is
contained within the first part of the
heading (‘‘non-‘numerically controlled’
machine tools for generating optical
quality surfaces’’) and classified under
2B992. The second part of the ECCN
2B992 heading (‘‘and ‘specially
designed’ ‘parts’ and ‘components’
therefor’’) contains the exclusive list
described in the heading. ECCNs 1A006,
3B992, 4A001, 6A006 and 7A001 are
other examples where the phrase ‘‘(see
List of Items Controlled)’’ appears in the
middle of the ECCN heading.
*
*
*
*
*
PART 740—[AMENDED]
8. The authority citation for 15 CFR
part 740 continues to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 22 U.S.C. 7201 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; Notice of August 15, 2017, 82
FR 39005 (August 16, 2017).
9. Section 740.20 is amended by
revising paragraph (g)(1) to read as
follows:
■
§ 740.20 License Exception Strategic
Trade Authorization (STA).
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*
*
*
*
*
(g) * * *
(1) Applicability. Any person may
request License Exception STA
eligibility for end items described in
ECCN 0A606.a, ECCN 8A609.a, ECCNs
8A620.a or .b, ‘‘spacecraft’’ in ECCNs
9A515.a.1, .a.2, .a.3, .a.4, or .g, 9A610.a,
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61157
or technology ECCNs 9E515.b, .d, .e, or
.f.
*
*
*
*
*
0A606 Ground vehicles and related
commodities, as follows (see List of Items
Controlled).
PART 746—[AMENDED]
License Requirements
Reason for Control: NS, RS, AT, UN
10. The authority citation for 15 CFR
part 746 is revised to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub.
L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994
Comp., p. 899; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR
26751, 3 CFR, 2004 Comp., p 168;
Presidential Determination 2003–23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007–7, 72 FR
1899, 3 CFR, 2006 Comp., p. 325; Notice of
August 15, 2017, 82 FR 39005 (August 16,
2017); Notice of May 9, 2017, 82 FR 21909
(May 10, 2017).
9. Section 746.9 is amended by
revising paragraph (a) to read as follows:
■
§ 746.9
Syria.
*
*
*
*
*
(a) License requirements. A license is
required for the export or reexport to
Syria of all items subject to the EAR,
except food and medicine classified as
EAR99 (food and medicine are defined
in part 772 of the EAR). A license is
required for the deemed export and
deemed reexport, as described in
§§ 734.13(b) and 734.14(b) of the EAR,
respectively, of any technology or
source code on the Commerce Control
List (CCL) to a Syrian foreign national.
Deemed exports and deemed reexports
to Syrian foreign nationals involving
technology or source code subject to the
EAR but not listed on the CCL do not
require a license.
*
*
*
*
*
PART 774—[AMENDED]
11. The authority citation for 15 CFR
part 774 continues to read as follows:
■
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201
et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Notice of August 15, 2017, 82 FR 39005
(August 16, 2017).
12. In supplement No. 1 to part 774,
Category 0, ECCN 0A606 is revised to
read as follows:
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
PO 00000
*
*
Frm 00029
*
Fmt 4700
*
Sfmt 4700
Control(s)
NS applies to entire
entry, except
0A606.b and .y.
NS applies to
0A606.b.
RS applies to entire
entry, except
0A606.b and .y.
RS applies to
0A606.b.
AT applies to entire
entry.
UN applies to entire
entry, except
0A606.y.
Country Chart (See
Supp. No. 1 to part
738)
NS Column 1
NS Column 2
RS Column 1
RS Column 2
AT Column 1
See § 746.1(b) for UN
controls
List Based License Exceptions (See Part 740
for a description of all license exceptions)
LVS: $1500
GBS: N/A
CIV: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 0A606.a,
unless determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
0A606.
List of Items Controlled
Related Controls: (1) The ground vehicles,
other articles, technical data (including
software) and services described in 22 CFR
part 121, Category VII are subject to the
jurisdiction of the International Traffic in
Arms Regulations. (2) See ECCN 0A919 for
foreign-made ‘‘military commodities’’ that
incorporate more than a de minimis
amount of U.S.-origin ‘‘600 series’’
controlled content.
Related Definitions: N/A
Items: a. Ground vehicles, whether manned
or unmanned, ‘‘specially designed’’ for a
military use and not enumerated or
otherwise described in USML Category VII.
Note 1 to paragraph .a: For purposes of
paragraph .a, ‘‘ground vehicles’’ include (i)
tanks and armored vehicles manufactured
prior to 1956 that have not been modified
since 1955 and that do not contain a
functional weapon or a weapon capable of
becoming functional through repair; (ii)
military railway trains except those that are
armed or are ‘‘specially designed’’ to launch
missiles; (iii) unarmored military recovery
and other support vehicles; (iv) unarmored,
unarmed vehicles with mounts or hard
points for firearms of .50 caliber or less; and
(v) trailers ‘‘specially designed’’ for use with
other ground vehicles enumerated in USML
Category VII or ECCN 0A606.a, and not
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separately enumerated or otherwise
described in USML Category VII. For
purposes of this note, the term ‘‘modified’’
does not include incorporation of safety
features required by law, cosmetic changes
(e.g., different paint or repositioning of bolt
holes) or addition of ‘‘parts’’ or
‘‘components’’ available prior to 1956.
Note 2 to paragraph .a: A ground vehicle’s
being ‘‘specially designed’’ for military use
for purposes of determining controls under
paragraph .a. entails a structural, electrical or
mechanical feature involving one or more
‘‘components’’ that are ‘‘specially designed’’
for military use. Such ‘‘components’’ include:
a. Pneumatic tire casings of a kind
‘‘specially designed’’ to be bullet-proof;
b. Armored protection of vital ‘‘parts’’ (e.g.,
fuel tanks or vehicle cabs);
c. Special reinforcements or mountings for
weapons;
d. Black-out lighting.
b. Other ground vehicles, ‘‘parts’’ and
‘‘components,’’ as follows:
b.1. Unarmed vehicles that are derived
from civilian vehicles and that have all of the
following:
b.1.a. Manufactured or fitted with materials
or ‘‘components’’ other than reactive or
electromagnetic armor to provide ballistic
protection to level III (National Institute of
Justice standard 0108.01, September 1985) or
better;
b.1.b. A transmission to provide drive to
both front and rear wheels simultaneously,
including those vehicles having additional
wheels for load bearing purposes whether
driven or not;
b.1.c. Gross vehicle weight rating (GVWR)
greater than 4,500 kg; and
b.1.d. Designed or modified for off-road
use.
b.2. ‘‘Parts’’ and ‘‘components’’ having all
of the following:
b.2.a. ‘‘Specially designed’’ for vehicles
specified in paragraph .b.1 of this entry; and
b.2.b. Providing ballistic protection to level
III (National Institute of Justice standard
0108.01, September 1985) or better.
Note 1 to paragraph b: Ground vehicles
otherwise controlled by 0A606.b.1 that
contain reactive or electromagnetic armor are
subject to the controls of USML Category VII.
daltland on DSKBBV9HB2PROD with RULES
Note 2 to paragraph b: ECCN 0A606.b.1
does not control civilian vehicles ‘‘specially
designed’’ for transporting money or
valuables.
Note 3 to paragraph b: ‘‘Unarmed’’ means
not having installed weapons, installed
mountings for weapons, or special
reinforcements for mounts for weapons.
c. Air-cooled diesel engines and engine
blocks for armored vehicles that weigh more
than 40 tons.
d. Fully automatic continuously variable
transmissions for tracked combat vehicles.
e. Deep water fording kits ‘‘specially
designed’’ for ground vehicles controlled by
ECCN 0A606.a or USML Category VII.
f. Self-launching bridge ‘‘components’’ not
enumerated in USML Category VII(g)
‘‘specially designed’’ for deployment by
ground vehicles enumerated in USML
Category VII or this ECCN.
VerDate Sep<11>2014
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g. through w. [RESERVED]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 0A606 (other
than 0A606.b or 0A606.y) or a defense article
enumerated in USML Category VII and not
elsewhere specified on the USML or in
0A606.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
in manufacture where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 0A606.x
are controlled by ECCN 0A606.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ enumerated
in USML paragraph VII(g) are subject to the
controls of that paragraph. ‘‘Parts,’’
‘‘components,’’ ‘‘accessories’’ and
‘‘attachments’’ described in ECCN 0A606.y
are subject to the controls of that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in this ECCN (other than
ECCN 0A606.b) or for a defense article in
USML Category VII and not elsewhere
specified on the USML or the CCL, as
follows, and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor:
y.1. Brake discs, rotors, drums, calipers,
cylinders, pads, shoes, lines, hoses, vacuum
boosters, and parts therefor;
y.2. Alternators and generators;
y.3. Axles;
y.4. Batteries;
y.5. Bearings (e.g., ball, roller, wheel);
y.6. Cables, cable assembles, and
connectors;
y.7. Cooling system hoses;
y.8. Hydraulic, fuel, oil, and air filters,
other than those controlled by ECCN 1A004;
y.9. Gaskets and o-rings;
y.10. Hydraulic system hoses, fittings,
couplings, adapters, and valves;
y.11. Latches and hinges;
y.12. Lighting systems, fuses, and
‘‘components;’’
y.13. Pneumatic hoses, fittings, adapters,
couplings, and valves;
y.14. Seats, seat assemblies, seat supports,
and harnesses;
y.15. Tires, except run flat; and
y.16. Windows, except those for armored
vehicles.
13. In supplement No. 1 to part 774,
Category 0, ECCN 0D606 is revised to
read as follows:
■
0D606 ‘‘Software’’ ‘‘specially designed’’ for
the ‘‘development,’’ ‘‘production,’’ operation,
or maintenance of ground vehicles and
related commodities controlled by 0A606,
0B606, or 0C606 (see List of Items
Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
PO 00000
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Fmt 4700
Sfmt 4700
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
List Based License Exceptions (See Part 740
for a description of all 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 ‘‘software’’ in 0D614.
List of Items Controlled
Related Controls: (1) ‘‘Software’’ directly
related to articles enumerated in USML
Category IX is subject to the control of
USML paragraph IX(e). (2) See ECCN
0A919 for foreign made ‘‘military
commodities’’ that incorporate more than a
de minimis amount of US-origin ‘‘600
series’’ items.
Related Definitions: N/A
Items:
a. ‘‘Software’’ ‘‘specially designed’’ for the
‘‘development,’’ ‘‘production,’’ operation, or
maintenance of commodities controlled by
ECCNs 0A606 (except for ECCNs 0A606.b or
0A606.y), 0B606, or 0C606.
b. [RESERVED]
14. In supplement No. 1 to part 774,
Category 0, ECCN 0E606 is revised to
read as follows:
■
0E606 ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of ground vehicles and
related commodities in 0A606, 0B606,
0C606, or software in 0D606 (see List of
Items Controlled).
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
List Based License Exceptions (See Part 740
for a description of all 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 technology in 0E614.
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List of Items Controlled
Related Controls: ‘‘Technical data’’ directly
related to articles enumerated in USML
Category IX is subject to the control of
USML paragraph IX(e).
Related Definitions: N/A
Items:
a. ‘‘Technology’’ ‘‘required’’ for the
‘‘development,’’ ‘‘production,’’ operation,
installation, maintenance, repair, overhaul,
or refurbishing of commodities enumerated
or otherwise described in ECCN 0A606
(except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
b. [RESERVED]
15. In supplement No. 1 to part 774,
Category 2, ECCN 2B352 is revised to
read as follows:
■
2B352 Equipment capable of use in
handling biological materials, as follows (see
List of Items Controlled).
License Requirements
Reason for Control: CB, AT
Control(s)
CB applies to entire
entry.
AT applies to entire
entry.
Country Chart (See
Supp. No. 1 to part
738).
CB Column 2
AT Column 1
daltland on DSKBBV9HB2PROD with RULES
List Based License Exceptions (See Part 740
for a description of all license exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Related Controls: See ECCNs 1A004 and
1A995 for protective equipment that is not
covered by this entry. Also see ECCN
9A120 for controls on certain ‘‘UAV’’
systems designed or modified to dispense
an aerosol and capable of carrying
elements of a payload in the form of a
particulate or liquid, other than fuel
‘‘parts’’ or ‘‘components’’ of such vehicles,
of a volume greater than 20 liters.
Related Definitions: (1) ‘‘Lighter than air
vehicles’’—balloons and airships that rely
on hot air or on lighter-than-air gases, such
as helium or hydrogen, for their lift. (2)
‘‘UAVs’’—Unmanned Aerial Vehicles. (3)
‘‘VMD’’—Volume Median Diameter.
Items:
a. Containment facilities and related
equipment, as follows:
a.1. Complete containment facilities at P3
or P4 containment level.
Technical Note: P3 or P4 (BL3, BL4, L3,
L4) containment levels are as specified in the
WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004).
a.2. Equipment designed for fixed
installation in containment facilities
specified in paragraph a.1 of this ECCN, as
follows:
a.2.a. Double-door pass-through
decontamination autoclaves;
a.2.b. Breathing air suit decontamination
showers;
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18:49 Dec 26, 2017
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a.2.c. Mechanical-seal or inflatable-seal
walkthrough doors.
b. Fermenters and components as follows:
b.1. Fermenters capable of cultivation of
micro-organisms or of live cells for the
production of viruses or toxins, without the
propagation of aerosols, having a capacity of
20 liters or greater.
b.2. Components designed for such
fermenters, as follows:
b.2.a. Cultivation chambers designed to be
sterilized or disinfected in situ;
b.2.b. Cultivation chamber holding devices;
or
b.2.c. Process control units capable of
simultaneously monitoring and controlling
two or more fermentation system parameters
(e.g., temperature, pH, nutrients, agitation,
dissolved oxygen, air flow, foam control).
Technical Note: Fermenters include
bioreactors (including single-use (disposable)
bioreactors), chemostats and continuous-flow
systems.
c. Centrifugal separators capable of the
continuous separation of pathogenic
microorganisms, without the propagation of
aerosols, and having all of the following
characteristics:
c.1. One or more sealing joints within the
steam containment area;
c.2. A flow rate greater than 100 liters per
hour;
c.3. ‘‘Parts’’ or ‘‘components’’ of polished
stainless steel or titanium; and
c.4. Capable of in-situ steam sterilization in
a closed state.
Technical Note: Centrifugal separators
include decanters.
d. Cross (tangential) flow filtration
equipment and ‘‘accessories,’’ as follows:
d.1. Cross (tangential) flow filtration
equipment capable of separation of
microorganisms, viruses, toxins or cell
cultures having all of the following
characteristics:
d.1.a. A total filtration area equal to or
greater than 1 square meter (1 m2); and
d.1.b. Having any of the following
characteristics:
d.1.b.1. Capable of being sterilized or
disinfected in-situ; or
d.1.b.2. Using disposable or single-use
filtration ‘‘parts’’ or ‘‘components’’.
N.B.: 2B352.d.1 does not control reverse
osmosis and hemodialysis equipment, as
specified by the manufacturer.
d.2. Cross (tangential) flow filtration
‘‘parts’’ or ‘‘components’’ (e.g., modules,
elements, cassettes, cartridges, units or
plates) with filtration area equal to or greater
than 0.2 square meters (0.2 m2) for each
component and designed for use in cross
(tangential) flow filtration equipment
controlled by 2B352.d.1.
TECHNICAL NOTE: In this ECCN,
‘‘sterilized’’ denotes the elimination of all
viable microbes from the equipment through
the use of either physical (e.g., steam) or
chemical agents. ‘‘Disinfected’’ denotes the
destruction of potential microbial infectivity
in the equipment through the use of chemical
agents with a germicidal effect.
‘‘Disinfection’’ and ‘‘sterilization’’ are
distinct from ‘‘sanitization’’, the latter
referring to cleaning procedures designed to
lower the microbial content of equipment
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61159
without necessarily achieving elimination of
all microbial infectivity or viability.
e. Steam, gas or vapor sterilizable freezedrying equipment with a condenser capacity
of 10 kg of ice or greater in 24 hours (10 liters
of water or greater in 24 hours) and less than
1000 kg of ice in 24 hours (less than 1,000
liters of water in 24 hours).
f. Spray-drying equipment capable of
drying toxins or pathogenic microorganisms
having all of the following characteristics:
f.1. A water evaporation capacity of ≥ 0.4
kg/h and ≤ 400 kg/h;
f.2. The ability to generate a typical mean
product particle size of ≤ 10 micrometers
with existing fittings or by minimal
modification of the spray-dryer with
atomization nozzles enabling generation of
the required particle size; and
f.3. Capable of being sterilized or
disinfected in situ.
g. Protective and containment equipment,
as follows:
g.1. Protective full or half suits, or hoods
dependent upon a tethered external air
supply and operating under positive
pressure;
Technical Note: This entry does not
control suits designed to be worn with selfcontained breathing apparatus.
g.2. Biocontainment chambers, isolators, or
biological safety cabinets having all of the
following characteristics, for normal
operation:
g.2.a. Fully enclosed workspace where the
operator is separated from the work by a
physical barrier;
g.2.b. Able to operate at negative pressure;
g.2.c. Means to safely manipulate items in
the workspace; and
g.2.d. Supply and exhaust air to and from
the workspace is high-efficiency particulate
air (HEPA) filtered.
Note 1 to 2B352.g.2: 2B352.g.2 controls
class III biosafety cabinets, as specified in the
WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004) or constructed in
accordance with national standards,
regulations or guidance.
Note 2 to 2B352.g.2: 2B352.g.2 does not
control isolators ‘‘specially designed’’ for
barrier nursing or transportation of infected
patients.
h. Aerosol inhalation equipment designed
for aerosol challenge testing with
microorganisms, viruses or toxins, as follows:
h.1. Whole-body exposure chambers
having a capacity of 1 cubic meter or greater.
h.2. Nose-only exposure apparatus
utilizing directed aerosol flow and having a
capacity for the exposure of 12 or more
rodents, or two or more animals other than
rodents, and closed animal restraint tubes
designed for use with such apparatus.
i. Spraying or fogging systems and ‘‘parts’’
and ‘‘components’’ therefor, as follows:
i.1. Complete spraying or fogging systems,
‘‘specially designed’’ or modified for fitting
to ‘‘aircraft,’’ ‘‘lighter than air vehicles,’’ or
‘‘UAVs,’’ capable of delivering, from a liquid
suspension, an initial droplet ‘VMD’ of less
than 50 microns at a flow rate of greater than
2 liters per minute;
i.2. Spray booms or arrays of ‘aerosol
generating units’, ‘‘specially designed’’ or
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modified for fitting to ‘‘aircraft,’’ ‘‘lighter
than air vehicles,’’ or ‘‘UAVs,’’ capable of
delivering, from a liquid suspension, an
initial droplet ‘VMD’ of less than 50 microns
at a flow rate of greater than 2 liters per
minute;
i.3. ‘Aerosol generating units’ ‘‘specially
designed’’ for fitting to the systems specified
in paragraphs i.1 or i.2 of this ECCN.
Technical Notes:
1. ‘Aerosol generating units’ are devices
‘‘specially designed’’ or modified for fitting
to ‘‘aircraft’’ and include nozzles, rotary
drum atomizers and similar devices.
2. This ECCN does not control spraying or
fogging systems, ‘‘parts’’ and ‘‘components,’’
as specified in 2B352.i, that are demonstrated
not to be capable of delivering biological
agents in the form of infectious aerosols.
3. Volume Median Diameter ‘VMD’ for
droplets produced by spray equipment or
nozzles ‘‘specially designed’’ for use on
‘‘aircraft’’ or ‘‘UAVs’’ should be measured
using either of the following methods
(pending the adoption of internationally
accepted standards):
a. Doppler ‘‘laser’’ method,
b. Forward ‘‘laser’’ diffraction method.
16. In supplement No. 1 to part 774,
Category 8, ECCN 8A609 is revised to
read as follows:
■
8A609 Surface vessels of war and related
commodities (see List of Items Controlled)
License Requirements
Reason for Control: NS, RS, AT, UN
Control(s)
NS applies to entire
entry, except
8A609.y.
RS applies to entire
entry, except
8A609.y.
AT applies to entire
entry.
UN applies to entire
entry, except
8A609.y.
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
List Based License Exceptions (See Part 740
for a description of all license exceptions)
LVS: $1500
GBS: N/A
CIV: N/A
daltland on DSKBBV9HB2PROD with RULES
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items).
List of Items Controlled
Related Controls: (1) Surface vessels of war
and special naval equipment, and technical
data (including software), and services
directly related thereto, described in 22
CFR part 121, Category VI, Surface Vessels
of War and Special Naval Equipment, are
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Jkt 244001
subject to the jurisdiction of the
International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content. (3)
For controls on diesel engines and electric
motors that are ‘‘subject to the EAR’’ for
surface vessels of war ‘‘subject to the EAR’’
or ‘‘subject to the ITAR,’’ see ECCN
8A992.g. For diesel engines and electric
motors for surface vessels of war ‘‘subject
to the ITAR,’’ see 22 CFR part 121,
Category VI(c) for parts, components,
accessories, and attachments, ‘‘specially
designed’’ for developmental vessels
funded by the Department of Defense via
contract or other funding authorization. (4)
For controls on military gas turbine
engines and related items for vessels of
war, see ECCN 9A619.
Related Definitions: N/A
Items:
a. Surface vessels of war ‘‘specially
designed’’ for a military use and not
enumerated or otherwise described in the
USML.
Note 1: 8A609.a includes: (i) Underway
replenishment ships; (ii) surface vessel and
submarine tender and repair ships, except
vessels that are ‘‘specially designed’’ to
support naval nuclear propulsion plants; (iii)
non-submersible submarine rescue ships; (iv)
other auxiliaries (e.g., AGDS, AGF, AGM,
AGOR, AGOS, AH, AP, ARL, AVB, AVM,
and AVT); (v) amphibious warfare craft,
except those that are armed; and (vi)
unarmored and unarmed coastal, patrol,
roadstead, and Coast Guard and other patrol
craft with mounts or hard points for firearms
of .50 caliber or less.
Note 2: For purposes of paragraph .a,
surface vessels of war includes vessels
‘‘specially designed’’ for military use that are
not identified in paragraph (a) of ITAR
§ 121.15, including any demilitarized vessels,
regardless of origin or designation,
manufactured prior to 1950 and that have not
been modified since 1949. For purposes of
this note, the term modified does not include
incorporation of safety features required by
law, cosmetic changes (e.g., different paint),
or the addition of ‘‘parts’’ or ‘‘components’’
available prior to 1950.
b. Non-magnetic diesel engines with a
power output of 50 hp or more and either of
the following:
b.1. Non-magnetic content exceeding 25%
of total weight; or
b.2. Non-magnetic parts other than
crankcase, block, head, pistons, covers, end
plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [RESERVED]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 8A609 (except
for 8A609.y) or a defense article enumerated
or otherwise described in USML Category VI
and not specified elsewhere on the USML, in
8A609.y or 3A611.y.
Note 1: Forgings, castings, and other
unfinished products, such as extrusions and
machined bodies, that have reached a stage
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in manufacturing where they are clearly
identifiable by mechanical properties,
material composition, geometry, or function
as commodities controlled by ECCN 8A609.x
are controlled by ECCN 8A609.x.
Note 2: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ specified in
USML subcategory VI(f) are subject to the
controls of that paragraph. ‘‘Parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ specified in ECCN 8A609.y
are subject to the controls of that paragraph.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this ECCN or for a defense article in USML
Category VI and not elsewhere specified in
the USML, as follows, and ‘‘parts,’’
‘‘components,’’ ‘‘accessories,’’ and
‘‘attachments’’ ‘‘specially designed’’ therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses,
lines, fittings, couplings, and brackets for
pneumatic, hydraulic, oil and fuel systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth
detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves,
hoses, lines, fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches,
buttons, and dials whether unfiltered or
filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
17. In supplement No. 1 to part 774,
Category 9, ECCN 9A610 is revised to
read as follows.
■
9A610 Military aircraft and related
commodities, other than those enumerated
in 9A991.a (see List of Items Controlled)
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Control(s)
NS applies to entire
entry except:
9A610.b; parts and
components controlled in 9A610.x if
being exported or
reexported for use
in an aircraft controlled in 9A610.b;
and 9A610.y.
RS applies to entire
entry except:
9A610.b; parts and
components controlled in 9A610.x if
being exported or
reexported for use
in an aircraft controlled in 9A610.b;
and 9A610.y.
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Country Chart (See
Supp. No. 1 to part
738)
NS Column 1
RS Column 1
Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations
Control(s)
MT applies to
9A610.t, .u, .v, and
.w.
AT applies to entire
entry.
UN applies to entire
entry except
9A610.y.
Country Chart (See
Supp. No. 1 to part
738)
MT Column 1
AT Column 1
See § 746.1(b) for UN
controls
List Based License Exceptions (See Part 740
for a description of all license exceptions)
LVS: $1500
GBS: N/A
CIV: N/A
Special Conditions For STA
STA: (1) Paragraph (c)(1) of License
Exception STA (§ 740.20(c)(1) of the EAR)
may not be used for any item in 9A610.a
(i.e., ‘‘end item’’ military aircraft), unless
determined by BIS to be eligible for
License Exception STA in accordance with
§ 740.20(g) (License Exception STA
eligibility requests for 9x515 and ‘‘600
series’’ items). (2) Paragraph (c)(2) of
License Exception STA (§ 740.20(c)(2) of
the EAR) may not be used for any item in
9A610.
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List of Items Controlled
Related Controls: (1) Military aircraft and
related articles that are enumerated in
USML Category VIII, and technical data
(including software) directly related
thereto, are subject to the ITAR. (2) See
ECCN 0A919 for controls on foreign-made
‘‘military commodities’’ that incorporate
more than a de minimis amount of U.S.origin ‘‘600 series’’ controlled content. (3)
See USML Category XIX and ECCN 9A619
for controls on military aircraft gas turbine
engines and related items.
Related Definitions: In paragraph .y of this
entry, the term ‘fluid’ includes liquids and
gases.
Items:
a. ‘Military Aircraft’ ‘‘specially designed’’
for a military use that are not enumerated in
USML paragraph VIII(a).
Note 1: For purposes of paragraph .a the
term ‘military aircraft’ means the LM–100J
aircraft and any aircraft ‘‘specially designed’’
for a military use that are not enumerated in
USML paragraph VIII(a). The term includes:
Trainer aircraft; cargo aircraft; utility fixed
wing aircraft; military helicopters;
observation aircraft; military non-expansive
balloons and other lighter than air aircraft;
and unarmed military aircraft, regardless of
origin or designation. Aircraft with
modifications made to incorporate safety of
flight features or other FAA or NTSB
modifications such as transponders and air
data recorders are ‘‘unmodified’’ for the
purposes of this paragraph .a.
Note 2: 9A610.a does not control ‘military
aircraft’ that:
a. Were first manufactured before 1946;
b. Do not incorporate defense articles
enumerated or otherwise described on the
U.S. Munitions List, unless the items are
required to meet safety or airworthiness
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18:49 Dec 26, 2017
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standards of a Wassenaar Arrangement
Participating State; and
c. Do not incorporate weapons enumerated
or otherwise described on the U.S. Munitions
List, unless inoperable and incapable of
being returned to operation.
b. L–100 aircraft manufactured prior to
2013.
c.–d. [Reserved]
e. Mobile aircraft arresting and engagement
runway systems for aircraft controlled by
either USML Category VIII(a) or ECCN
9A610.a.
f. Pressure refueling equipment and
equipment that facilitates operations in
confined areas, ‘‘specially designed’’ for
aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a.
g. Aircrew life support equipment, aircrew
safety equipment and other devices for
emergency escape from aircraft controlled by
either USML paragraph VIII(a) or ECCN
9A610.a.
h. Parachutes, paragliders, complete
parachute canopies, harnesses, platforms,
electronic release mechanisms, ‘‘specially
designed’’ for use with aircraft controlled by
either USML paragraph VIII(a) or ECCN
9A610.a, and ‘‘equipment’’ ‘‘specially
designed’’ for military high altitude
parachutists, such as suits, special helmets,
breathing systems, and navigation
equipment.
i. Controlled opening equipment or
automatic piloting systems, designed for
parachuted loads.
j. Ground effect machines (GEMS),
including surface effect machines and air
cushion vehicles, ‘‘specially designed’’ for
use by a military.
k. through s. [Reserved]
t. Composite structures, laminates, and
manufactures thereof ‘‘specially designed’’
for unmanned aerial vehicles controlled
under USML Category VIII(a) with a range
equal to or greater than 300 km.
Note to paragraph .t: Composite structures,
laminates, and manufactures thereof
‘‘specially designed’’ for unmanned aerial
vehicles controlled under USML Category
VIII(a) with a maximum range less than 300
km are controlled in paragraph .x of this
entry.
u. Apparatus and devices ‘‘specially
designed’’ for the handling, control,
activation and non-ship-based launching of
UAVs or drones controlled by either USML
paragraph VIII(a) or ECCN 9A610.a, and
capable of a range equal to or greater than
300 km.
Note to paragraph .u: Apparatus and
devices ‘‘specially designed’’ for the
handling, control, activation and non-shipbased launching of UAVs or drones
controlled by either USML paragraph VIII(a)
or ECCN 9A610.a with a maximum range less
than 300 km are controlled in paragraph .x
of this entry.
v. Radar altimeters designed or modified
for use in UAVs or drones controlled by
either USML paragraph VIII(a) or ECCN
9A610.a., and capable of delivering at least
500 kilograms payload to a range of at least
300 km.
Note to paragraph .v: Radar altimeters
designed or modified for use in UAVs or
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
61161
drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a. that are not capable
of delivering at least 500 kilograms payload
to a range of at least 300 km are controlled
in paragraph .x of this entry.
w. Pneumatic hydraulic, mechanical,
electro-optical, or electromechanical flight
control systems (including fly-by-wire and
fly-by-light systems) and attitude control
equipment designed or modified for UAVs or
drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a., and capable of
delivering at least 500 kilograms payload to
a range of at least 300 km.
Note to paragraph .w: Pneumatic,
hydraulic, mechanical, electro-optical, or
electromechanical flight control systems
(including fly-by-wire and fly-by-light
systems) and attitude control equipment
designed or modified for UAVs or drones
controlled by either USML paragraph VIII(a)
or ECCN 9A610.a., not capable of delivering
at least 500 kilograms payload to a range of
at least 300 km are controlled in paragraph
.x of this entry.
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for a commodity enumerated or
otherwise described in ECCN 9A610 (except
for 9A610.y) or a defense article enumerated
or otherwise described in USML Category
VIII and not elsewhere specified on the
USML or in 9A610.y, 9A619.y, or 3A611.y.
y. Specific ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ for a commodity subject to control
in this entry, ECCN 9A619, or for a defense
article in USML Categories VIII or XIX and
not elsewhere specified in the USML or the
CCL, and other aircraft commodities
‘‘specially designed’’ for a military use, as
follows, and ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
designed’’ therefor:
y.1. Aircraft tires;
y.2. Analog gauges and indicators;
y.3. Audio selector panels;
y.4. Check valves for hydraulic and
pneumatic systems;
y.5. Crew rest equipment;
y.6. Ejection seat mounted survival aids;
y.7. Energy dissipating pads for cargo (for
pads made from paper or cardboard);
y.8. Fluid filters and filter assemblies;
y.9. Galleys;
y.10. Fluid hoses, straight and unbent lines
(for a commodity subject to control in this
entry or defense article in USML Category
VIII), and fittings, couplings, clamps (for a
commodity subject to control in this entry or
defense article in USML Category VIII) and
brackets therefor;
y.11. Lavatories;
y.12. Life rafts;
y.13. Magnetic compass, magnetic azimuth
detector;
y.14. Medical litter provisions;
y.15. Cockpit or cabin mirrors;
y.16. Passenger seats including palletized
seats;
y.17. Potable water storage systems;
y.18. Public address (PA) systems;
y.19. Steel brake wear pads (does not
include sintered mix or carbon/carbon
materials);
y.20. Underwater locator beacons;
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Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations
y.21. Urine collection bags/pads/cups/
pumps;
y.22. Windshield washer and wiper
systems;
y.23. Filtered and unfiltered panel knobs,
indicators, switches, buttons, and dials;
y.24. Lead-acid and Nickel-Cadmium
batteries;
y.25. Propellers, propeller systems, and
propeller blades used with reciprocating
engines;
y.26. Fire extinguishers;
y.27. Flame and smoke/CO2 detectors;
y.28. Map cases;
y.29. ‘Military Aircraft’ that were first
manufactured from 1946 to 1955 that do not
incorporate defense articles enumerated or
otherwise described on the U.S. Munitions
List, unless the items are required to meet
safety or airworthiness standards of a
Wassenaar Arrangement Participating State;
and do not incorporate weapons enumerated
or otherwise described on the U.S. Munitions
List, unless inoperable and incapable of
being returned to operation;
y.30. ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments,’’ other than
electronic items or navigation equipment, for
use in or with a commodity controlled by
ECCN 9A610.h;
y.31. Identification plates and nameplates;
and
y.32. Fluid manifolds.
Dated: December 18, 2017.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2017–27616 Filed 12–26–17; 8:45 am]
BILLING CODE 3510–33–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 862
[Docket No. FDA–2017–N–6593]
Medical Devices; Clinical Chemistry
and Clinical Toxicology Devices;
Classification of the Reagents for
Molecular Diagnostic Instrument Test
Systems
AGENCY:
Food and Drug Administration,
HHS.
ACTION:
Final order.
The Food and Drug
Administration (FDA or we) is
classifying the reagents for molecular
diagnostic instrument test systems into
class I (general controls). We are taking
this action because we have determined
that classifying the device into class I
(general controls) will provide a
reasonable assurance of safety and
effectiveness of the device. We believe
this action will also enhance patients’
access to beneficial innovative devices,
in part by reducing regulatory burdens.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
18:49 Dec 26, 2017
Jkt 244001
This order is effective December
27, 2017. The classification was
applicable on November 19, 2013.
FOR FURTHER INFORMATION CONTACT:
Steven Tjoe, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 4550, Silver Spring,
MD 20993–0002, 301–796–5866,
steven.tjoe@fda.hhs.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
Upon request, FDA has classified the
reagents for molecular diagnostic
instrument test systems as class I
(general controls), which we have
determined will provide a reasonable
assurance of safety and effectiveness. In
addition, we believe this action will
enhance patients’ access to beneficial
innovation, in part by reducing
regulatory burdens by placing the
device into a lower device class than the
automatic class III assignment.
The automatic assignment of class III
occurs by operation of law and without
any action by FDA, regardless of the
level of risk posed by the new device.
Any device that was not in commercial
distribution before May 28, 1976, is
automatically classified as, and remains
within, class III and requires premarket
approval unless and until FDA takes an
action to classify or reclassify the device
(see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
devices’’ because they were not in
commercial distribution prior to the
date of enactment of the Medical Device
Amendments of 1976, which amended
the Federal Food, Drug, and Cosmetic
Act (FD&C Act).
FDA may take a variety of actions in
appropriate circumstances to classify or
reclassify a device into class I or II. We
may issue an order finding a new device
to be substantially equivalent under
section 513(i) of the FD&C Act (21
U.S.C. 360c(i)) to a predicate device that
does not require premarket approval.
We determine whether a new device is
substantially equivalent to a predicate
by means of the procedures for
premarket notification under section
510(k) of the FD&C Act (21 U.S.C.
360(k)) and part 807 (21 CFR part 807).
FDA may also classify a device
through ‘‘De Novo’’ classification, a
common name for the process
authorized under section 513(f)(2) of the
FD&C Act. Section 207 of the Food and
Drug Administration Modernization Act
of 1997 established the first procedure
for De Novo classification (Pub. L. 105–
115). Section 607 of the Food and Drug
Administration Safety and Innovation
Act modified the De Novo application
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
process by adding a second procedure
(Pub. L. 112–144). A device sponsor
may utilize either procedure for De
Novo classification.
Under the first procedure, the person
submits a 510(k) for a device that has
not previously been classified. After
receiving an order from FDA classifying
the device into class III under section
513(f)(1) of the FD&C Act, the person
then requests a classification under
section 513(f)(2).
Under the second procedure, rather
than first submitting a 510(k) and then
a request for classification, if the person
determines that there is no legally
marketed device upon which to base a
determination of substantial
equivalence, that person requests a
classification under section 513(f)(2) of
the FD&C Act.
Under either procedure for De Novo
classification, FDA is required to
classify the device by written order
within 120 days. The classification will
be according to the criteria under
section 513(a)(1) of the FD&C Act.
Although the device was automatically
placed within class III, the De Novo
classification is considered to be the
initial classification of the device.
We believe this De Novo classification
will enhance patients’ access to
beneficial innovation, in part by
reducing regulatory burdens. When FDA
classifies a device into class I or II via
the De Novo process, the device can
serve as a predicate for future devices of
that type, including for 510(k)s (see 21
U.S.C. 360c(f)(2)(B)(i)). As a result, other
device sponsors do not have to submit
a De Novo request or premarket
approval application in order to market
a substantially equivalent device (see 21
U.S.C. 360c(i), defining ‘‘substantial
equivalence’’). Instead, sponsors can use
the less-burdensome 510(k) process,
when necessary, to market their device.
II. De Novo Classification
On October 4, 2013, Illumina, Inc.,
submitted a request for De Novo
classification of the MiSeqDx Universal
Kit 1.0. FDA reviewed the request in
order to classify the device under the
criteria for classification set forth in
section 513(a)(1) of the FD&C Act.
We classify devices into class I if
general controls are sufficient to provide
reasonable assurance of the safety and
effectiveness of the device for its
intended use (see 21 U.S.C.
360c(a)(1)(A)). After review of the
information submitted in the request,
we determined that the device can be
classified into class I. FDA has
determined that general controls will
provide reasonable assurance of the
safety and effectiveness of the device.
E:\FR\FM\27DER1.SGM
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Agencies
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61153-61162]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27616]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 732, 734, 738, 740, 746, and 774
[170207157-7157-01]
RIN 0694-AH31
Revisions, Clarifications, and Technical Corrections to the
Export Administration Regulations
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule; correcting amendments.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security
corrects certain provisions in the Export Administration Regulations
(EAR) to provide accurate references and fix typographical errors, and
amend several Export Control Classification Numbers (ECCNs) to enhance
consistency with the other ECCNs on the Commerce Control List (CCL).
The corrections are editorial in nature and do not affect license
requirements.
DATES: This rule is effective December 27, 2017.
FOR FURTHER INFORMATION CONTACT: Ivan Mogensen, Office of Exporter
Services, Bureau of Industry and Security, by telephone: (202) 482-2440
or email: [email protected].
SUPPLEMENTARY INFORMATION:
Overview
This final rule updates six parts of the EAR to correct
typographical errors, clarify inaccurate or unclear internal
references, and correct inconsistencies in certain entries on the
Commerce Control List (CCL).
Part 732
Section 732.4(b) discusses steps to be taken when reviewing license
exceptions for exports and reexports. In Sec. 732.4(b)(7)(ii), there
is a reference to Sec. 740.20(g) listing ECCNs that may be eligible
for subsequent export or reexport under license exception STA,
following submission of a license application. However, only ECCN
9A610.a is listed in Sec. 732.4(b)(7)(ii), while ECCNs 0A606.a,
8A609.a, 8A620.a, 8A620.b, ``spacecraft'' in ECCN subparagraphs
9A515.a.1, a.2, a.3, a.4, 9A515.g, and 9E515.b, .d, .e, and .f (which
also now appear in Sec. 740.20(g)), are inadvertently omitted. This
correction adds the omitted items listed in Sec. 740.20(g) to Sec.
732.4(b)(7)(ii). Additionally, because these items include both
commodities and technology, the term ``aircraft'' in the reference to
9A610.a is replaced with ``item.''
This rule also clarifies and corrects the Export Control Decision
Tree diagram in supplement No. 1 to part 732 that was last revised in a
final rule published February 6, 2004 (69 FR 5686 (Feb. 6, 2004)).
Several of the decision ``blocks'' in the flowchart contain references
that are unclear or incorrect. This rule provides clarity by changing
references to the general prohibitions to citations of specific
sections of the EAR, and correcting improper citations to ensure that
the citations contained in all decision blocks coincide with the
appropriate sections of the EAR. Specifically, the changes are as
follows: In the block which begins ``Is your item classified under an
ECCN on the CCL,'' a direct citation to Sec. 736.2(b)(1) through (3)
replaces a reference to General Prohibitions 1 through 3, which did not
inform the reader where the prohibitions could be found in the EAR; in
the block which begins ``Is there an `X' in the box,'' the EAR
citations now directly follow references to the Commerce Country Chart
and the CCL, respectively; and, in the block which begins ``Use License
Exception,'' the citation to Sec. 740.1, which is an introduction, is
replaced with a reference to the whole of part 740. Additionally,
several grammatical errors are addressed, and the section symbol
(``Sec. '') is added wherever a section of the EAR is referenced in
the decision blocks for clarity. Finally, this final rule changes the
supplement's name from ``Decision Tree'' to ``Export Control Decision
Tree'' to match the title of the diagram, and the duplicative
parenthetical in the graphic title reading ``(Supp. No. 1 to Part
732)'' is deleted.
Part 734
Section 734.18 was created in the rule Revisions to Definitions in
the Export Administration Regulations (81 FR 35586 (June 3, 2016)) and
discusses activities that are not exports, reexports, or transfers. The
note following the end of Sec. 734.18(a)(5)(iv) discusses data in
transit via the internet, but the note is incorrectly described as the
note to paragraph (a)(4)(iv). This rule changes the note to refer to
Sec. 734.18(a)(5)(iv).
Part 738
In Sec. 738.2(d)(1), Composition of an entry, there is a
description of the meaning attached to each alphanumeric character
making up an Export Control Classification Number. This paragraph
currently explains that the second ``digit'' in an ECCN indicates the
``Reason for Control.'' However, in paragraph (d)(1)(i) of this
section, the paragraph refers to the Reason for Control as the third
``digit.'' This final rule amends Sec. 738.2(d)(1)(i) to replace the
word ``digit'' with ``alphanumeric character'' in order to maintain
consistency and prevent confusion.
Additionally, in Sec. 738.2, this final rule makes a correction in
Sec. 738.2(d)(2)(iv)(C)(2). The text of this paragraph uses ECCN 2B992
as an example when providing an overview of how to read an ECCN heading
on the Commerce Control List (CCL). However, in the latter part of the
section, the text erroneously references ECCN 2B999 instead of 2B992.
This rule replaces the reference to ECCN 2B999 with 2B992 in this
section to correct the ECCN reference.
Part 740
Section 740.20(g)(1) lists 9x515 and ``600 series'' ECCNs that are
eligible for license exception Strategic Trade Authorization. This
includes ECCNs 9A515.a.1, .a.2, .a.3, .a.4, and .g, 9A610.a, and
technology ECCNs 9E515.b, .d, .e, and .f. In the final rule Revisions
to the Export Administration Regulations (EAR): Control of Spacecraft
Systems and Related Items the President Determines No Longer Warrant
Control under the United States Munitions List (USML) (82 FR 2875 (Jan.
10, 2017)), the phrase ``that provide space-based logistics, assembly
or servicing of any spacecraft (e.g., refueling)'' following the list
of ECCN
[[Page 61154]]
9A515 items paragraphs was intended to be removed since it is only
applicable to 9A515.a.4 and not to the other ECCNs. Since the phrase
was not removed, this rule removes the phrase to prevent confusion by
users.
Part 746
This rule amends Sec. 746.9(a) by removing an outdated reference
to Sec. 734.2(b) for the definitions of ``deemed export'' and ``deemed
reexport,'' as that section is currently reserved, and replacing it
with references to Sec. Sec. 734.13(b) and 734.14(b), because the
relevant definitions for deemed ``export'' and deemed ``reexport'' has
been found in those two sections of the EAR since the publication of
the final rule Revisions to Definitions in the Export Administration
Regulations (81 FR 35586). Additionally, consistent with the guidance
in Sec. 774.1(d), the double quotes around deemed export and deemed
reexport in Sec. 746.9 are removed as these terms do not appear in
Sec. 772.1.
Part 774
This rule makes corrections to six ECCNs in supplement No. 1 to
part 774, ``Commerce Control List,'' by correcting misspellings and
creating conforming changes. The corrections are as follows:
ECCNs 0A606, 8A609, and 9A610: This final rule amends these ECCNs
to correct the title of Sec. 740.20(g) that is referenced in paragraph
(1) in the Special Conditions for STA section of the ECCN entries.
Currently, these sections refer to Sec. 740.20(g) as License Exception
STA eligibility requests for ``600 series'' end items, when the current
title for this section is License Exception STA eligibility requests
for 9x515 and ``600 series'' items. The title of Sec. 740.20(g) was
changed in the rule Revisions to the Export Administration Regulations
(EAR): Control of Spacecraft Systems and Related Items the President
Determines No Longer Warrant Control Under the United States Munitions
List (USML); (79 FR 27417 (May 13, 2014)), but the change was not made
to the corresponding ECCNs. This rule amends the title reference in
these ECCNs to match the current title of Sec. 740.20(g).
ECCNs 0D606.a and 0E606.a: This final rule amends ECCN
subparagraphs 0D606.a and 0E606.a to include references to ECCNs 0B606
and 0C606. The headings of both 0D606 and 0E606 refer to 0B606 and
0C606 but these references do not appear in Items paragraph .a of the
List of Items Controlled section. This inconsistency has generated
confusion as to whether 0D606.a software ``specially designed'' for the
``development,'' ``production,'' operation or maintenance of the items
controlled under ECCNs 0B606 and 0C606 or 0E606.a technology required
for the ``development,'' ``production,'' operation or maintenance of
the items controlled under ECCNs 0B606 and 0C606 is controlled or not.
This edit removes this confusion by clarifying that such software is
controlled under ECCN 0D606.a and such technology is controlled under
ECCN 0E606.a.
ECCN 2B352: This final rule corrects ECCN 2B352 by revising, in the
List of Items Controlled section, Items paragraphs g.1, i.1, i.2 and
i.3 and the Technical Notes at the end of the Items paragraphs. The
corrections are as follows: The word ``dependant'' is replaced with the
American spelling of the word ``dependent'' in Items paragraph g.1;
double quotes are added around the term ``aircraft'' in Items
paragraphs i.1 and i.2, and in Technical Notes 1 and 3 because
``aircraft'' is a defined term in the EAR; double quotes are added
around the term ``laser'' in Technical Notes 3.a and .b for the same
reason; double quotes are replaced with single quotes around the term
`VMD' in Items paragraphs i.1 and i.2 and the term is clarified in
Technical Note 3; single quotes are added to the term `aerosol
generating units' in Items paragraphs i.2 and i.3 and Technical Note 1.
ECCN 8A609: This final rule revises Related Control paragraph (3)
under the List of Items Controlled section in ECCN 8A609 to add a
reference to Category VI of the International Traffic in Arms
Regulations (ITAR). This is done to indicate that certain diesel
engines and electric motors for both EAR surface vessels of war and
ITAR surface vessels of war are controlled under ECCN 8A992.g.
Additionally, double quotes are added around the term ``subject to the
EAR'' because it is a defined term in the EAR.
Export Administration Act
Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001, 3 CFR, 2001 Comp., p. 783 (2002), as
amended by Executive Order 13637 of March 8, 2013, 78 FR 16129 (March
13, 2013), and as extended by the Notice of August 15, 2017, 82 FR
39005 (August 16, 2017) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
BIS continues to carry out the provisions of the Export Administration
Act, as appropriate and to the extent permitted by law, pursuant to
Executive Order 13222 as amended by Executive Order 13637.
Rulemaking Requirements
1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive 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 does not impose any regulatory burden on the
public and is consistent with the goals of Executive Order 13563. This
rule has been designated not significant for purposes of Executive
Order 12866. This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
2. This final rule does not contain information collections subject
to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) (PRA). Notwithstanding any other provision of law, no
person is required to respond to, nor is subject to a penalty for
failure to comply with, a collection of information, subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number.
3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
4. The Department of Commerce finds that there is good cause under
5 U.S.C. 553(b)(B) to waive the provisions of the Administrative
Procedure Act otherwise requiring prior notice and the opportunity for
public comment because they are unnecessary. The revisions made by this
rule are administrative in nature and do not affect the privileges and
obligations of the public. Additionally, it is important that the edits
and clarifications are added as soon as possible to prevent improper
interpretation of the EAR. The Department also finds that there is good
cause under 5 U.S.C. 553(b)(A) to waive the provisions of the
Administrative Procedure Act requiring notice and comment because these
changes are limited to providing guidance on existing interpretations
of current EAR provisions. Because these revisions are not substantive
changes to the EAR, the
[[Page 61155]]
30-day delay in effectiveness otherwise required by 5 U.S.C. 553(d) is
not applicable. No other law requires that a notice of proposed
rulemaking and opportunity for public comment be given for this rule.
The analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable because no general notice of proposed
rulemaking was required for this rule by 5 U.S.C. 553, or by any other
law. Accordingly, no regulatory flexibility analysis is required and
none has been prepared.
List of Subjects
15 CFR Part 732
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements
15 CFR Part 734
Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology
15 CFR Part 738
Exports
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping requirements.
Accordingly, parts 732, 734, 738, 740, 746, and 774 of the Export
Administration Regulations (15 CFR parts 730 through 774) are amended
as follows:
PART 732--[AMENDED]
0
1. The authority citation for 15 CFR part 732 continues to read as
follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR
44025, 3 CFR, 2001 Comp., p. 783; Notice of August 15, 2017, 82 FR
39005 (August 16, 2017).
0
2. Section 732.4 is amended by revising paragraph (b)(7)(ii) to read as
follows:
Sec. 732.4 Steps regarding License Exceptions.
* * * * *
(b) * * *
(7) * * *
(ii) If you are going to file a license application with BIS for
the export, reexport, or in-country transfer for aircraft or military
vessels controlled under ECCNs 0A606.a, 8A609.a, 8A620.a, 8A620.b,
certain ``spacecraft'' controlled under ECCN subparagraphs 9A515.a.1,
a.2, a.3, a.4 or 9A515.g, ECCN 9A610.a, or technology under ECCNs
9E515.b, .d, .e, or .f, Sec. 740.20(g) permits you to request in the
application that subsequent exports of the type of aircraft,
spacecraft, military vessels, or technology at issue be eligible for
export under License Exception STA. The types of ``items'' controlled
under ECCNs 0A606.a, 8A609.a, 8A620.a, 8A620.b, certain spacecraft
controlled under ECCN subparagraphs 9A515.a.1, a.2, a.3, a.4 or
9A515.g, ECCN 9A610.a, and technology ECCNs 9E515.b, .d, .e, or .f,
that have been determined to be eligible for License Exception STA
pursuant to Sec. 740.20(g) are identified in the License Exceptions
paragraphs of ECCNs 0A606, 8A609, 8A620, 9A610, 9A515, and 9E515.
Supplement No. 2 to part 748, paragraph (w) (License Exception STA
eligibility requests), contains the instructions for such applications.
Note 1 to paragraph (b)(7)(ii): If you intend to use License
Exception STA, return to paragraphs (a) and then (b) of this section
to review the Steps regarding the use of license exceptions.
* * * * *
0
3. Supplement No. 1 to part 732 is revised to read as follows:
BILLING CODE 3510-33-P
[[Page 61156]]
[GRAPHIC] [TIFF OMITTED] TR27DE17.004
BILLING CODE 3510-33-C
PART 734--[AMENDED]
0
4. The authority citation for 15 CFR part 734 continues to read as
follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of
November 8, 2016, 81 FR 79379 (November 10, 2016); Notice of August
15, 2017, 82 FR 39005 (August 16, 2017).
Sec. 734.18 [Amended]
0
5. Section 734.18 is amended by redesignating the note to paragraph
(a)(4)(iv) as note 1 to paragraph (a)(5)(iv).
PART 738--[AMENDED]
0
6. The authority citation for 15 CFR part 738 continues to read as
follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 15, 2017, 82 FR 39005 (August
16, 2017).
0
7. Section 738.2 is amended by revising paragraphs (d)(1)(i) and
(d)(2)(iv)(C)(2) to read as follows:
Sec. 738.2 Commerce Control List (CCL) structure.
* * * * *
(d) * * *
(1) * * *
(i) Since Reasons for Control are not mutually exclusive, numbers
are assigned in order of precedence. As an
[[Page 61157]]
example, if an item is controlled for both National Security and
Missile Technology reasons, the entry's third alphanumeric character
will be a ``0''. If the item is controlled only for Missile Technology
the third alphanumeric character will be ``1''.
(2) * * *
(iv) * * *
(C) * * *
(2) ``(See List of Items Controlled)'' is in the middle of the ECCN
heading. If the phrase ``(see List of Items Controlled)'' appears in
the middle of the ECCN heading, then all portions of the heading that
follow the phrase ``(see List of Items Controlled)'' will list items
controlled in addition to the list in the ``items'' paragraph. An
example of such a heading is ECCN 2B992 Non-``numerically controlled''
machine tools for generating optical quality surfaces, (see List of
Items Controlled) and ``specially designed'' ``parts'' and
``components'' therefor. Under the ECCN 2B992 example, the ``items''
paragraph must be reviewed to determine whether your item is contained
within the first part of the heading (``non-`numerically controlled'
machine tools for generating optical quality surfaces'') and classified
under 2B992. The second part of the ECCN 2B992 heading (``and
`specially designed' `parts' and `components' therefor'') contains the
exclusive list described in the heading. ECCNs 1A006, 3B992, 4A001,
6A006 and 7A001 are other examples where the phrase ``(see List of
Items Controlled)'' appears in the middle of the ECCN heading.
* * * * *
PART 740--[AMENDED]
0
8. The authority citation for 15 CFR part 740 continues to read as
follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of
August 15, 2017, 82 FR 39005 (August 16, 2017).
0
9. Section 740.20 is amended by revising paragraph (g)(1) to read as
follows:
Sec. 740.20 License Exception Strategic Trade Authorization (STA).
* * * * *
(g) * * *
(1) Applicability. Any person may request License Exception STA
eligibility for end items described in ECCN 0A606.a, ECCN 8A609.a,
ECCNs 8A620.a or .b, ``spacecraft'' in ECCNs 9A515.a.1, .a.2, .a.3,
.a.4, or .g, 9A610.a, or technology ECCNs 9E515.b, .d, .e, or .f.
* * * * *
PART 746--[AMENDED]
0
10. The authority citation for 15 CFR part 746 is revised to read as
follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p.
325; Notice of August 15, 2017, 82 FR 39005 (August 16, 2017);
Notice of May 9, 2017, 82 FR 21909 (May 10, 2017).
0
9. Section 746.9 is amended by revising paragraph (a) to read as
follows:
Sec. 746.9 Syria.
* * * * *
(a) License requirements. A license is required for the export or
reexport to Syria of all items subject to the EAR, except food and
medicine classified as EAR99 (food and medicine are defined in part 772
of the EAR). A license is required for the deemed export and deemed
reexport, as described in Sec. Sec. 734.13(b) and 734.14(b) of the
EAR, respectively, of any technology or source code on the Commerce
Control List (CCL) to a Syrian foreign national. Deemed exports and
deemed reexports to Syrian foreign nationals involving technology or
source code subject to the EAR but not listed on the CCL do not require
a license.
* * * * *
PART 774--[AMENDED]
0
11. The authority citation for 15 CFR part 774 continues to read as
follows:
Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C.
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783; Notice of August 15, 2017, 82 FR 39005 (August
16, 2017).
0
12. In supplement No. 1 to part 774, Category 0, ECCN 0A606 is revised
to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
0A606 Ground vehicles and related commodities, as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country Chart (See Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 0A606.b NS Column 1
and .y.
NS applies to 0A606.b..................... NS Column 2
RS applies to entire entry, except 0A606.b RS Column 1
and .y.
RS applies to 0A606.b..................... RS Column 2
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 0A606.y See Sec. 746.1(b) for UN
controls
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
LVS: $1500
GBS: N/A
CIV: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 0A606.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2)
of License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be
used for any item in 0A606.
List of Items Controlled
Related Controls: (1) The ground vehicles, other articles, technical
data (including software) and services described in 22 CFR part 121,
Category VII are subject to the jurisdiction of the International
Traffic in Arms Regulations. (2) See ECCN 0A919 for foreign-made
``military commodities'' that incorporate more than a de minimis
amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items: a. Ground vehicles, whether manned or unmanned, ``specially
designed'' for a military use and not enumerated or otherwise
described in USML Category VII.
Note 1 to paragraph .a: For purposes of paragraph .a, ``ground
vehicles'' include (i) tanks and armored vehicles manufactured prior
to 1956 that have not been modified since 1955 and that do not
contain a functional weapon or a weapon capable of becoming
functional through repair; (ii) military railway trains except those
that are armed or are ``specially designed'' to launch missiles;
(iii) unarmored military recovery and other support vehicles; (iv)
unarmored, unarmed vehicles with mounts or hard points for firearms
of .50 caliber or less; and (v) trailers ``specially designed'' for
use with other ground vehicles enumerated in USML Category VII or
ECCN 0A606.a, and not
[[Page 61158]]
separately enumerated or otherwise described in USML Category VII.
For purposes of this note, the term ``modified'' does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint or repositioning of bolt holes) or addition
of ``parts'' or ``components'' available prior to 1956.
Note 2 to paragraph .a: A ground vehicle's being ``specially
designed'' for military use for purposes of determining controls
under paragraph .a. entails a structural, electrical or mechanical
feature involving one or more ``components'' that are ``specially
designed'' for military use. Such ``components'' include:
a. Pneumatic tire casings of a kind ``specially designed'' to be
bullet-proof;
b. Armored protection of vital ``parts'' (e.g., fuel tanks or
vehicle cabs);
c. Special reinforcements or mountings for weapons;
d. Black-out lighting.
b. Other ground vehicles, ``parts'' and ``components,'' as
follows:
b.1. Unarmed vehicles that are derived from civilian vehicles
and that have all of the following:
b.1.a. Manufactured or fitted with materials or ``components''
other than reactive or electromagnetic armor to provide ballistic
protection to level III (National Institute of Justice standard
0108.01, September 1985) or better;
b.1.b. A transmission to provide drive to both front and rear
wheels simultaneously, including those vehicles having additional
wheels for load bearing purposes whether driven or not;
b.1.c. Gross vehicle weight rating (GVWR) greater than 4,500 kg;
and
b.1.d. Designed or modified for off-road use.
b.2. ``Parts'' and ``components'' having all of the following:
b.2.a. ``Specially designed'' for vehicles specified in
paragraph .b.1 of this entry; and
b.2.b. Providing ballistic protection to level III (National
Institute of Justice standard 0108.01, September 1985) or better.
Note 1 to paragraph b: Ground vehicles otherwise controlled by
0A606.b.1 that contain reactive or electromagnetic armor are subject
to the controls of USML Category VII.
Note 2 to paragraph b: ECCN 0A606.b.1 does not control civilian
vehicles ``specially designed'' for transporting money or valuables.
Note 3 to paragraph b: ``Unarmed'' means not having installed
weapons, installed mountings for weapons, or special reinforcements
for mounts for weapons.
c. Air-cooled diesel engines and engine blocks for armored
vehicles that weigh more than 40 tons.
d. Fully automatic continuously variable transmissions for
tracked combat vehicles.
e. Deep water fording kits ``specially designed'' for ground
vehicles controlled by ECCN 0A606.a or USML Category VII.
f. Self-launching bridge ``components'' not enumerated in USML
Category VII(g) ``specially designed'' for deployment by ground
vehicles enumerated in USML Category VII or this ECCN.
g. through w. [RESERVED]
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 0A606 (other than 0A606.b
or 0A606.y) or a defense article enumerated in USML Category VII and
not elsewhere specified on the USML or in 0A606.y.
Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacture where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 0A606.x are controlled by ECCN
0A606.x.
Note 2: ``Parts,'' ``components,'' ``accessories'' and
``attachments'' enumerated in USML paragraph VII(g) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories'' and ``attachments'' described in ECCN 0A606.y are
subject to the controls of that paragraph.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity enumerated or
otherwise described in this ECCN (other than ECCN 0A606.b) or for a
defense article in USML Category VII and not elsewhere specified on
the USML or the CCL, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. Brake discs, rotors, drums, calipers, cylinders, pads,
shoes, lines, hoses, vacuum boosters, and parts therefor;
y.2. Alternators and generators;
y.3. Axles;
y.4. Batteries;
y.5. Bearings (e.g., ball, roller, wheel);
y.6. Cables, cable assembles, and connectors;
y.7. Cooling system hoses;
y.8. Hydraulic, fuel, oil, and air filters, other than those
controlled by ECCN 1A004;
y.9. Gaskets and o-rings;
y.10. Hydraulic system hoses, fittings, couplings, adapters, and
valves;
y.11. Latches and hinges;
y.12. Lighting systems, fuses, and ``components;''
y.13. Pneumatic hoses, fittings, adapters, couplings, and
valves;
y.14. Seats, seat assemblies, seat supports, and harnesses;
y.15. Tires, except run flat; and
y.16. Windows, except those for armored vehicles.
0
13. In supplement No. 1 to part 774, Category 0, ECCN 0D606 is revised
to read as follows:
0D606 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of ground vehicles and
related commodities controlled by 0A606, 0B606, or 0C606 (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country Chart (See Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry................ NS Column 1
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
CIV: N/A
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any ``software'' in 0D614.
List of Items Controlled
Related Controls: (1) ``Software'' directly related to articles
enumerated in USML Category IX is subject to the control of USML
paragraph IX(e). (2) See ECCN 0A919 for foreign made ``military
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' items.
Related Definitions: N/A
Items:
a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or
0C606.
b. [RESERVED]
0
14. In supplement No. 1 to part 774, Category 0, ECCN 0E606 is revised
to read as follows:
0E606 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishing of ground vehicles and related commodities in 0A606,
0B606, 0C606, or software in 0D606 (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT, UN
Country Chart (See Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry................ NS Column 1
RS applies to entire entry................ RS Column 1
AT applies to entire entry................ AT Column 1
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
CIV: N/A
TSR: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any technology in 0E614.
[[Page 61159]]
List of Items Controlled
Related Controls: ``Technical data'' directly related to articles
enumerated in USML Category IX is subject to the control of USML
paragraph IX(e).
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities enumerated or otherwise
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
b. [RESERVED]
0
15. In supplement No. 1 to part 774, Category 2, ECCN 2B352 is revised
to read as follows:
2B352 Equipment capable of use in handling biological materials, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: CB, AT
Country Chart (See Supp. No.
Control(s) 1 to part 738).
CB applies to entire entry................ CB Column 2
AT applies to entire entry................ AT Column 1
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
List of Items Controlled
Related Controls: See ECCNs 1A004 and 1A995 for protective equipment
that is not covered by this entry. Also see ECCN 9A120 for controls
on certain ``UAV'' systems designed or modified to dispense an
aerosol and capable of carrying elements of a payload in the form of
a particulate or liquid, other than fuel ``parts'' or ``components''
of such vehicles, of a volume greater than 20 liters.
Related Definitions: (1) ``Lighter than air vehicles''--balloons and
airships that rely on hot air or on lighter-than-air gases, such as
helium or hydrogen, for their lift. (2) ``UAVs''--Unmanned Aerial
Vehicles. (3) ``VMD''--Volume Median Diameter.
Items:
a. Containment facilities and related equipment, as follows:
a.1. Complete containment facilities at P3 or P4 containment
level.
Technical Note: P3 or P4 (BL3, BL4, L3, L4) containment levels
are as specified in the WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004).
a.2. Equipment designed for fixed installation in containment
facilities specified in paragraph a.1 of this ECCN, as follows:
a.2.a. Double-door pass-through decontamination autoclaves;
a.2.b. Breathing air suit decontamination showers;
a.2.c. Mechanical-seal or inflatable-seal walkthrough doors.
b. Fermenters and components as follows:
b.1. Fermenters capable of cultivation of micro-organisms or of
live cells for the production of viruses or toxins, without the
propagation of aerosols, having a capacity of 20 liters or greater.
b.2. Components designed for such fermenters, as follows:
b.2.a. Cultivation chambers designed to be sterilized or
disinfected in situ;
b.2.b. Cultivation chamber holding devices; or
b.2.c. Process control units capable of simultaneously
monitoring and controlling two or more fermentation system
parameters (e.g., temperature, pH, nutrients, agitation, dissolved
oxygen, air flow, foam control).
Technical Note: Fermenters include bioreactors (including
single-use (disposable) bioreactors), chemostats and continuous-flow
systems.
c. Centrifugal separators capable of the continuous separation
of pathogenic microorganisms, without the propagation of aerosols,
and having all of the following characteristics:
c.1. One or more sealing joints within the steam containment
area;
c.2. A flow rate greater than 100 liters per hour;
c.3. ``Parts'' or ``components'' of polished stainless steel or
titanium; and
c.4. Capable of in-situ steam sterilization in a closed state.
Technical Note: Centrifugal separators include decanters.
d. Cross (tangential) flow filtration equipment and
``accessories,'' as follows:
d.1. Cross (tangential) flow filtration equipment capable of
separation of microorganisms, viruses, toxins or cell cultures
having all of the following characteristics:
d.1.a. A total filtration area equal to or greater than 1 square
meter (1 m2); and
d.1.b. Having any of the following characteristics:
d.1.b.1. Capable of being sterilized or disinfected in-situ; or
d.1.b.2. Using disposable or single-use filtration ``parts'' or
``components''.
N.B.: 2B352.d.1 does not control reverse osmosis and
hemodialysis equipment, as specified by the manufacturer.
d.2. Cross (tangential) flow filtration ``parts'' or
``components'' (e.g., modules, elements, cassettes, cartridges,
units or plates) with filtration area equal to or greater than 0.2
square meters (0.2 m2) for each component and designed for use in
cross (tangential) flow filtration equipment controlled by
2B352.d.1.
TECHNICAL NOTE: In this ECCN, ``sterilized'' denotes the
elimination of all viable microbes from the equipment through the
use of either physical (e.g., steam) or chemical agents.
``Disinfected'' denotes the destruction of potential microbial
infectivity in the equipment through the use of chemical agents with
a germicidal effect. ``Disinfection'' and ``sterilization'' are
distinct from ``sanitization'', the latter referring to cleaning
procedures designed to lower the microbial content of equipment
without necessarily achieving elimination of all microbial
infectivity or viability.
e. Steam, gas or vapor sterilizable freeze-drying equipment with
a condenser capacity of 10 kg of ice or greater in 24 hours (10
liters of water or greater in 24 hours) and less than 1000 kg of ice
in 24 hours (less than 1,000 liters of water in 24 hours).
f. Spray-drying equipment capable of drying toxins or pathogenic
microorganisms having all of the following characteristics:
f.1. A water evaporation capacity of >= 0.4 kg/h and <= 400 kg/
h;
f.2. The ability to generate a typical mean product particle
size of <= 10 micrometers with existing fittings or by minimal
modification of the spray-dryer with atomization nozzles enabling
generation of the required particle size; and
f.3. Capable of being sterilized or disinfected in situ.
g. Protective and containment equipment, as follows:
g.1. Protective full or half suits, or hoods dependent upon a
tethered external air supply and operating under positive pressure;
Technical Note: This entry does not control suits designed to be
worn with self-contained breathing apparatus.
g.2. Biocontainment chambers, isolators, or biological safety
cabinets having all of the following characteristics, for normal
operation:
g.2.a. Fully enclosed workspace where the operator is separated
from the work by a physical barrier;
g.2.b. Able to operate at negative pressure;
g.2.c. Means to safely manipulate items in the workspace; and
g.2.d. Supply and exhaust air to and from the workspace is high-
efficiency particulate air (HEPA) filtered.
Note 1 to 2B352.g.2: 2B352.g.2 controls class III biosafety
cabinets, as specified in the WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004) or constructed in accordance with national
standards, regulations or guidance.
Note 2 to 2B352.g.2: 2B352.g.2 does not control isolators
``specially designed'' for barrier nursing or transportation of
infected patients.
h. Aerosol inhalation equipment designed for aerosol challenge
testing with microorganisms, viruses or toxins, as follows:
h.1. Whole-body exposure chambers having a capacity of 1 cubic
meter or greater.
h.2. Nose-only exposure apparatus utilizing directed aerosol
flow and having a capacity for the exposure of 12 or more rodents,
or two or more animals other than rodents, and closed animal
restraint tubes designed for use with such apparatus.
i. Spraying or fogging systems and ``parts'' and ``components''
therefor, as follows:
i.1. Complete spraying or fogging systems, ``specially
designed'' or modified for fitting to ``aircraft,'' ``lighter than
air vehicles,'' or ``UAVs,'' capable of delivering, from a liquid
suspension, an initial droplet `VMD' of less than 50 microns at a
flow rate of greater than 2 liters per minute;
i.2. Spray booms or arrays of `aerosol generating units',
``specially designed'' or
[[Page 61160]]
modified for fitting to ``aircraft,'' ``lighter than air vehicles,''
or ``UAVs,'' capable of delivering, from a liquid suspension, an
initial droplet `VMD' of less than 50 microns at a flow rate of
greater than 2 liters per minute;
i.3. `Aerosol generating units' ``specially designed'' for
fitting to the systems specified in paragraphs i.1 or i.2 of this
ECCN.
Technical Notes:
1. `Aerosol generating units' are devices ``specially designed''
or modified for fitting to ``aircraft'' and include nozzles, rotary
drum atomizers and similar devices.
2. This ECCN does not control spraying or fogging systems,
``parts'' and ``components,'' as specified in 2B352.i, that are
demonstrated not to be capable of delivering biological agents in
the form of infectious aerosols.
3. Volume Median Diameter `VMD' for droplets produced by spray
equipment or nozzles ``specially designed'' for use on ``aircraft''
or ``UAVs'' should be measured using either of the following methods
(pending the adoption of internationally accepted standards):
a. Doppler ``laser'' method,
b. Forward ``laser'' diffraction method.
0
16. In supplement No. 1 to part 774, Category 8, ECCN 8A609 is revised
to read as follows:
8A609 Surface vessels of war and related commodities (see List of Items
Controlled)
License Requirements
Reason for Control: NS, RS, AT, UN
Country Chart (See Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry, except 8A609.y NS Column 1
RS applies to entire entry, except 8A609.y RS Column 1
AT applies to entire entry................ AT Column 1
UN applies to entire entry, except 8A609.y See Sec. 746.1(b) for UN
controls
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
LVS: $1500
GBS: N/A
CIV: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items).
List of Items Controlled
Related Controls: (1) Surface vessels of war and special naval
equipment, and technical data (including software), and services
directly related thereto, described in 22 CFR part 121, Category VI,
Surface Vessels of War and Special Naval Equipment, are subject to
the jurisdiction of the International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made ``military commodities'' that
incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content. (3) For controls on diesel engines and
electric motors that are ``subject to the EAR'' for surface vessels
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN
8A992.g. For diesel engines and electric motors for surface vessels
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c)
for parts, components, accessories, and attachments, ``specially
designed'' for developmental vessels funded by the Department of
Defense via contract or other funding authorization. (4) For
controls on military gas turbine engines and related items for
vessels of war, see ECCN 9A619.
Related Definitions: N/A
Items:
a. Surface vessels of war ``specially designed'' for a military
use and not enumerated or otherwise described in the USML.
Note 1: 8A609.a includes: (i) Underway replenishment ships;
(ii) surface vessel and submarine tender and repair ships, except
vessels that are ``specially designed'' to support naval nuclear
propulsion plants; (iii) non-submersible submarine rescue ships;
(iv) other auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP,
ARL, AVB, AVM, and AVT); (v) amphibious warfare craft, except those
that are armed; and (vi) unarmored and unarmed coastal, patrol,
roadstead, and Coast Guard and other patrol craft with mounts or
hard points for firearms of .50 caliber or less.
Note 2: For purposes of paragraph .a, surface vessels of war
includes vessels ``specially designed'' for military use that are
not identified in paragraph (a) of ITAR Sec. 121.15, including any
demilitarized vessels, regardless of origin or designation,
manufactured prior to 1950 and that have not been modified since
1949. For purposes of this note, the term modified does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint), or the addition of ``parts'' or
``components'' available prior to 1950.
b. Non-magnetic diesel engines with a power output of 50 hp or
more and either of the following:
b.1. Non-magnetic content exceeding 25% of total weight; or
b.2. Non-magnetic parts other than crankcase, block, head,
pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
c. through w. [RESERVED]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y)
or a defense article enumerated or otherwise described in USML
Category VI and not specified elsewhere on the USML, in 8A609.y or
3A611.y.
Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 8A609.x are controlled by ECCN
8A609.x.
Note 2: ``Parts,'' ``components,'' ``accessories'' and
``attachments'' specified in USML subcategory VI(f) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories,'' and ``attachments'' specified in ECCN 8A609.y are
subject to the controls of that paragraph.
y. Specific ``parts,'' ``components,'' ``accessories'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or for a defense article in USML Category VI
and not elsewhere specified in the USML, as follows, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor:
y.1. Public address (PA) systems;
y.2. Filters and filter assemblies, hoses, lines, fittings,
couplings, and brackets for pneumatic, hydraulic, oil and fuel
systems;
y.3. Galleys;
y.4. Lavatories;
y.5. Magnetic compass, magnetic azimuth detector;
y.6. Medical facilities;
y.7. Potable water tanks, filters, valves, hoses, lines,
fittings, couplings, and brackets;
y.8. Panel knobs, indicators, switches, buttons, and dials
whether unfiltered or filtered for use with night vision imaging
systems;
y.9. Emergency lighting;
y.10. Gauges and indicators;
y.11. Audio selector panels.
0
17. In supplement No. 1 to part 774, Category 9, ECCN 9A610 is revised
to read as follows.
9A610 Military aircraft and related commodities, other than those
enumerated in 9A991.a (see List of Items Controlled)
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Country Chart (See Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except: NS Column 1
9A610.b; parts and components controlled
in 9A610.x if being exported or
reexported for use in an aircraft
controlled in 9A610.b; and 9A610.y.
RS applies to entire entry except: RS Column 1
9A610.b; parts and components controlled
in 9A610.x if being exported or
reexported for use in an aircraft
controlled in 9A610.b; and 9A610.y.
[[Page 61161]]
MT applies to 9A610.t, .u, .v, and .w..... MT Column 1
AT applies to entire entry................ AT Column 1
UN applies to entire entry except 9A610.y. See Sec. 746.1(b) for UN
controls
List Based License Exceptions (See Part 740 for a description of all
license exceptions)
LVS: $1500
GBS: N/A
CIV: N/A
Special Conditions For STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 9A610.a
(i.e., ``end item'' military aircraft), unless determined by BIS to
be eligible for License Exception STA in accordance with Sec.
740.20(g) (License Exception STA eligibility requests for 9x515 and
``600 series'' items). (2) Paragraph (c)(2) of License Exception STA
(Sec. 740.20(c)(2) of the EAR) may not be used for any item in
9A610.
List of Items Controlled
Related Controls: (1) Military aircraft and related articles that
are enumerated in USML Category VIII, and technical data (including
software) directly related thereto, are subject to the ITAR. (2) See
ECCN 0A919 for controls on foreign-made ``military commodities''
that incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content. (3) See USML Category XIX and ECCN
9A619 for controls on military aircraft gas turbine engines and
related items.
Related Definitions: In paragraph .y of this entry, the term `fluid'
includes liquids and gases.
Items:
a. `Military Aircraft' ``specially designed'' for a military use
that are not enumerated in USML paragraph VIII(a).
Note 1: For purposes of paragraph .a the term `military
aircraft' means the LM-100J aircraft and any aircraft ``specially
designed'' for a military use that are not enumerated in USML
paragraph VIII(a). The term includes: Trainer aircraft; cargo
aircraft; utility fixed wing aircraft; military helicopters;
observation aircraft; military non-expansive balloons and other
lighter than air aircraft; and unarmed military aircraft, regardless
of origin or designation. Aircraft with modifications made to
incorporate safety of flight features or other FAA or NTSB
modifications such as transponders and air data recorders are
``unmodified'' for the purposes of this paragraph .a.
Note 2: 9A610.a does not control `military aircraft' that:
a. Were first manufactured before 1946;
b. Do not incorporate defense articles enumerated or otherwise
described on the U.S. Munitions List, unless the items are required
to meet safety or airworthiness standards of a Wassenaar Arrangement
Participating State; and
c. Do not incorporate weapons enumerated or otherwise described
on the U.S. Munitions List, unless inoperable and incapable of being
returned to operation.
b. L-100 aircraft manufactured prior to 2013.
c.-d. [Reserved]
e. Mobile aircraft arresting and engagement runway systems for
aircraft controlled by either USML Category VIII(a) or ECCN 9A610.a.
f. Pressure refueling equipment and equipment that facilitates
operations in confined areas, ``specially designed'' for aircraft
controlled by either USML paragraph VIII(a) or ECCN 9A610.a.
g. Aircrew life support equipment, aircrew safety equipment and
other devices for emergency escape from aircraft controlled by
either USML paragraph VIII(a) or ECCN 9A610.a.
h. Parachutes, paragliders, complete parachute canopies,
harnesses, platforms, electronic release mechanisms, ``specially
designed'' for use with aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a, and ``equipment'' ``specially designed''
for military high altitude parachutists, such as suits, special
helmets, breathing systems, and navigation equipment.
i. Controlled opening equipment or automatic piloting systems,
designed for parachuted loads.
j. Ground effect machines (GEMS), including surface effect
machines and air cushion vehicles, ``specially designed'' for use by
a military.
k. through s. [Reserved]
t. Composite structures, laminates, and manufactures thereof
``specially designed'' for unmanned aerial vehicles controlled under
USML Category VIII(a) with a range equal to or greater than 300 km.
Note to paragraph .t: Composite structures, laminates, and
manufactures thereof ``specially designed'' for unmanned aerial
vehicles controlled under USML Category VIII(a) with a maximum range
less than 300 km are controlled in paragraph .x of this entry.
u. Apparatus and devices ``specially designed'' for the
handling, control, activation and non-ship-based launching of UAVs
or drones controlled by either USML paragraph VIII(a) or ECCN
9A610.a, and capable of a range equal to or greater than 300 km.
Note to paragraph .u: Apparatus and devices ``specially
designed'' for the handling, control, activation and non-ship-based
launching of UAVs or drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a with a maximum range less than 300 km are
controlled in paragraph .x of this entry.
v. Radar altimeters designed or modified for use in UAVs or
drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a.,
and capable of delivering at least 500 kilograms payload to a range
of at least 300 km.
Note to paragraph .v: Radar altimeters designed or modified for
use in UAVs or drones controlled by either USML paragraph VIII(a) or
ECCN 9A610.a. that are not capable of delivering at least 500
kilograms payload to a range of at least 300 km are controlled in
paragraph .x of this entry.
w. Pneumatic hydraulic, mechanical, electro-optical, or
electromechanical flight control systems (including fly-by-wire and
fly-by-light systems) and attitude control equipment designed or
modified for UAVs or drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a., and capable of delivering at least 500
kilograms payload to a range of at least 300 km.
Note to paragraph .w: Pneumatic, hydraulic, mechanical,
electro-optical, or electromechanical flight control systems
(including fly-by-wire and fly-by-light systems) and attitude
control equipment designed or modified for UAVs or drones controlled
by either USML paragraph VIII(a) or ECCN 9A610.a., not capable of
delivering at least 500 kilograms payload to a range of at least 300
km are controlled in paragraph .x of this entry.
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 9A610 (except for 9A610.y)
or a defense article enumerated or otherwise described in USML
Category VIII and not elsewhere specified on the USML or in 9A610.y,
9A619.y, or 3A611.y.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A619, or for a defense article in USML
Categories VIII or XIX and not elsewhere specified in the USML or
the CCL, and other aircraft commodities ``specially designed'' for a
military use, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. Aircraft tires;
y.2. Analog gauges and indicators;
y.3. Audio selector panels;
y.4. Check valves for hydraulic and pneumatic systems;
y.5. Crew rest equipment;
y.6. Ejection seat mounted survival aids;
y.7. Energy dissipating pads for cargo (for pads made from paper
or cardboard);
y.8. Fluid filters and filter assemblies;
y.9. Galleys;
y.10. Fluid hoses, straight and unbent lines (for a commodity
subject to control in this entry or defense article in USML Category
VIII), and fittings, couplings, clamps (for a commodity subject to
control in this entry or defense article in USML Category VIII) and
brackets therefor;
y.11. Lavatories;
y.12. Life rafts;
y.13. Magnetic compass, magnetic azimuth detector;
y.14. Medical litter provisions;
y.15. Cockpit or cabin mirrors;
y.16. Passenger seats including palletized seats;
y.17. Potable water storage systems;
y.18. Public address (PA) systems;
y.19. Steel brake wear pads (does not include sintered mix or
carbon/carbon materials);
y.20. Underwater locator beacons;
[[Page 61162]]
y.21. Urine collection bags/pads/cups/pumps;
y.22. Windshield washer and wiper systems;
y.23. Filtered and unfiltered panel knobs, indicators, switches,
buttons, and dials;
y.24. Lead-acid and Nickel-Cadmium batteries;
y.25. Propellers, propeller systems, and propeller blades used
with reciprocating engines;
y.26. Fire extinguishers;
y.27. Flame and smoke/CO2 detectors;
y.28. Map cases;
y.29. `Military Aircraft' that were first manufactured from 1946
to 1955 that do not incorporate defense articles enumerated or
otherwise described on the U.S. Munitions List, unless the items are
required to meet safety or airworthiness standards of a Wassenaar
Arrangement Participating State; and do not incorporate weapons
enumerated or otherwise described on the U.S. Munitions List, unless
inoperable and incapable of being returned to operation;
y.30. ``Parts,'' ``components,'' ``accessories,'' and
``attachments,'' other than electronic items or navigation
equipment, for use in or with a commodity controlled by ECCN
9A610.h;
y.31. Identification plates and nameplates; and
y.32. Fluid manifolds.
Dated: December 18, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-27616 Filed 12-26-17; 8:45 am]
BILLING CODE 3510-33-P