Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations, 61153-61162 [2017-27616]

Download as PDF Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations (ii) Reserved. (3) For RRC service information identified in this AD, contact Rolls-Royce Corporation, 450 South Meridian Street, Mail Code NB– 02–05, Indianapolis, IN 46225; phone: 317– 230–3774; email: indy.pubs.services@rollsroyce.com; internet: www.rolls-royce.com. (4) You may view this service information at FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call 781–238–7125. (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202–741–6030, or go to: http:// www.archives.gov/federal-register/cfr/ibrlocations.html. Issued in Burlington, Massachusetts, on December 18, 2017. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service. [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: daltland on DSKBBV9HB2PROD with RULES DATES: VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27DER1.SGM 27DER1 61154 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 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. daltland on DSKBBV9HB2PROD with RULES 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’’ VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 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 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27DER1.SGM 27DER1 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 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 daltland on DSKBBV9HB2PROD with RULES Administrative practice and procedure, Exports, Reporting and recordkeeping requirements. VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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: ■ BILLING CODE 3510–33–P E:\FR\FM\27DER1.SGM 27DER1 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations BILLING CODE 3510–33–C § 734.18 PART 734—[AMENDED] ■ 4. The authority citation for 15 CFR part 734 continues to read as follows: daltland on DSKBBV9HB2PROD with RULES ■ 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). VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 [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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 ■ * * * * * (d) * * * (1) * * * (i) Since Reasons for Control are not mutually exclusive, numbers are assigned in order of precedence. As an E:\FR\FM\27DER1.SGM 27DER1 ER27DE17.004</GPH> 61156 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 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). daltland on DSKBBV9HB2PROD with RULES * * * * * (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, VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 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 E:\FR\FM\27DER1.SGM 27DER1 61158 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 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 18:49 Dec 26, 2017 Jkt 244001 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 Frm 00030 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. E:\FR\FM\27DER1.SGM 27DER1 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 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; VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 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 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 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 E:\FR\FM\27DER1.SGM 27DER1 61160 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 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 VerDate Sep<11>2014 18:49 Dec 26, 2017 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 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 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. E:\FR\FM\27DER1.SGM 27DER1 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. daltland on DSKBBV9HB2PROD with RULES 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 VerDate Sep<11>2014 18:49 Dec 26, 2017 Jkt 244001 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; E:\FR\FM\27DER1.SGM 27DER1 61162 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 27DER1

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]


=======================================================================
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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