Commerce Control List: Request for Comments Regarding Controls on Certain Spraying or Fogging Systems and “Parts” and “Components” Therefor, 39921-39923 [2018-17249]
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules
(k) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA
Airworthiness Directive 2018–0076, dated
April 6, 2018, for related information. This
MCAI may be found in the AD docket on the
internet at https://www.regulations.gov by
searching for and locating Docket No. FAA–
2018–0707.
(2) For more information about this AD,
contact Tom Rodriguez, Aerospace Engineer,
International Section, Transport Standards
Branch, FAA, 2200 South 216th St., Des
Moines, WA 98198; telephone and fax 206–
231–3226.
(3) For service information identified in
this AD, contact Fokker Services B.V.,
Technical Services Dept., P.O. Box 1357,
2130 EL Hoofddorp, the Netherlands;
telephone +31 (0)88–6280–350; fax +31
(0)88–6280–111; email technicalservices@
fokker.com; internet https://
www.myfokkerfleet.com. You may view this
service information at the FAA, Transport
Standards Branch, 2200 South 216th St., Des
Moines, WA. For information on the
availability of this material at the FAA, call
206–231–3195.
Issued in Des Moines, Washington, on
August 5, 2018.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
Comments must be received by
BIS no later than October 12, 2018.
DATES:
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR part 774
[Docket No. 180227222–8222–01]
Commerce Control List: Request for
Comments Regarding Controls on
Certain Spraying or Fogging Systems
and ‘‘Parts’’ and ‘‘Components’’
Therefor
Bureau of Industry and
Security, Commerce.
ACTION: Notice of inquiry.
AGENCY:
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17:58 Aug 10, 2018
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For
questions on the CB controls that apply
to spraying or fogging systems described
in ECCN 2B352.i, contact Richard P.
Duncan, Ph.D., Director, Chemical and
Biological Controls Division, Office of
Nonproliferation and Treaty
Compliance, Bureau of Industry and
Security, Telephone: (202) 482–3343,
Email: Richard.Duncan@bis.doc.gov.
For questions on the submission of
comments in response to this notice of
inquiry, contact Willard Fisher,
Regulatory Policy Division, Office of
Exporter Services, Bureau of Industry
and Security, U.S. Department of
Commerce, Phone: (202) 482–2440.
FOR FURTHER INFORMATION CONTACT:
The Bureau of Industry and
Security (BIS), Department of
Commerce, maintains the Export
Administration Regulations, including
the Commerce Control List (CCL).
Certain items identified on the CCL are
controlled for chemical/biological (CB)
reasons, because they are identified on
one of the common control lists
maintained by the Australia Group
(AG), which is a multilateral forum of
countries (plus the European Union)
that maintain export controls on
specified chemicals, biological agents,
and related equipment and technology
that could be used in a chemical or
VerDate Sep<11>2014
Comments may be
submitted via the Federal eRulemaking
Portal (https://www.regulations.gov). You
can find this notice by searching on its
regulations.gov docket number, which is
BIS–2018–0013. Comments may also be
submitted via email to
publiccommments@bis.doc.gov or on
paper to Regulatory Policy Division,
Bureau of Industry and Security, U.S.
Department of Commerce, Room 2099B,
14th Street and Pennsylvania Avenue
NW, Washington, DC 20230. Please refer
to RIN 0694–XC042 in all comments
and in the subject line of email
comments. All comments (including
any personally identifying information)
will be made available for public
inspection and copying.
ADDRESSES:
[FR Doc. 2018–17322 Filed 8–10–18; 8:45 am]
SUMMARY:
biological weapons (CBW) program.
Among the items subject to these CB
controls are spraying or fogging systems
described in Export Control
Classification Number (ECCN) 2B352.i
on the CCL. Through this notice, BIS is
seeking public comments as part of a
review of the effectiveness of its
controls on these systems, and ‘‘parts’’
and ‘‘components’’ therefor, to ensure
that the descriptions of these items on
the CCL are clear, do not inadvertently
control items in normal commercial use,
accurately reflect CB-related
technological capabilities and
developments, and are consistent with
the principal objective of the AG, which
is to ensure that exports of certain
chemicals, biological agents, and dualuse chemical and biological
manufacturing facilities and equipment,
do not contribute to the spread of
chemical and biological weapons
(CBW). This notice also requests public
comments on potential alternatives to
the current controls in ECCN 2B352.i.
SUPPLEMENTARY INFORMATION:
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39921
Background
The Bureau of Industry and Security
(BIS), Department of Commerce,
maintains the Export Administration
Regulations (EAR) (15 CFR parts 730–
774), including the Commerce Control
List (CCL) (Supplement No. 1 to part
774 of the EAR). Through this notice,
BIS is seeking public comments as part
of a review of the effectiveness of its
controls on spraying or fogging systems,
and ‘‘parts’’ and ‘‘components’’ therefor,
that are described in paragraph (i) of
Export Control Classification Number
(ECCN) 2B352 on the CCL. The items
controlled by ECCN 2B352.i are subject
to chemical/biological (CB) controls on
the CCL, because they are identified on
one of the common control lists
maintained by the Australia Group
(AG), specifically, the AG ‘‘Control List
of Dual-Use Biological Equipment and
Related Technology and Software.’’ The
AG is a multilateral forum consisting of
42 participating countries and the
European Union that maintain export
controls on specified chemicals,
biological agents, and related equipment
and technology that could be used in a
chemical or biological weapons
program.
Current EAR Controls on Spraying or
Fogging Systems
Currently, ECCN 2B352.i controls
complete spraying or fogging systems,
spray booms, and arrays of aerosol
generating units that are: (1) ‘‘specially
designed’’ or modified for fitting to
aircraft, ‘‘lighter than air vehicles,’’ or
‘‘unmanned aerial vehicles’’ (‘‘UAVs’’);
and (2) capable of delivering, from a
liquid suspension, an initial droplet
volume median diameter (‘VMD’) of less
than 50 microns at a flow rate of greater
than 2 liters per minute. This ECCN also
controls aerosol generating units that are
‘‘specially designed’’ for fitting to the
aforementioned equipment.
The Technical Notes immediately
following ECCN 2B352.i clarify the
scope of these controls and provide
guidance on how to evaluate certain
characteristics (e.g., droplet size) to
determine whether specific equipment
is controlled under this ECCN.
Technical Note 1 states that aerosol
generating units, for purposes of the
controls in ECCN 2B352.i, are devices
‘‘specially designed’’ or modified for
fitting to ‘‘aircraft’’ and include nozzles,
rotary drum atomizers and similar
devices. Technical Note 2 clarifies the
scope of ECCN 2B352 by indicating that
this ECCN does not control spraying or
fogging systems and ‘‘parts’’ and
‘‘components’’ therefor, as described in
2B352.i, that are demonstrated not to be
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules
sradovich on DSK3GMQ082PROD with PROPOSALS
capable of delivering biological agents
in the form of infectious aerosols.
Technical Note 3 provides guidance on
how to measure ‘VMD’ for droplets
produced by spray equipment or
nozzles ‘‘specially designed’’ for use on
‘‘aircraft’’ or ‘‘UAVs,’’ indicating that,
pending the adoption of internationally
accepted standards, ‘VMD’ should be
measured using either of the following
methods: (1) Doppler ‘‘laser’’ method; or
(2) forward ‘‘laser’’ diffraction method.
The control text in ECCN 2B352.i, as
described above, is consistent with the
corresponding controls described in the
AG ‘‘Control List of Dual-Use Biological
Equipment and Related Technology and
Software,’’ which were established to
address a very specific threat, i.e., the
dissemination of biological agents from
the air.
Proposed Alternatives to the Current
Controls in ECCN 2B352.i
As part of its review of the ECCN
2B352.i controls on spraying or fogging
systems, and ‘‘parts’’ and ‘‘components’’
therefor, BIS is considering expanding
the scope of these controls to include:
(1) Systems for the dissemination of
chemicals controlled by ECCN 1C350 or
1C355 (currently, CB controls apply
only to systems for the dissemination of
biological agents controlled by ECCN
1C351); and (2) ground-based systems
(currently, CB controls apply only to
airborne systems). These changes are
being considered because potential
chemical/biological warfare (CBW)
threats are likely to include the
dissemination of chemical agents, as
well as the dissemination of biological
agents, and may well involve groundbased methods of dissemination, as well
as airborne means of dissemination.
Consequently, BIS is considering one
or more of the following options with
respect to the EAR controls on spraying
or fogging systems, and ‘‘parts’’ and
‘‘components’’ therefor.
(1) Removing the criterion in ECCN
2B352.i that currently limits CB controls
to those systems that are ‘‘specially
designed’’ or modified for fitting to
‘‘aircraft,’’ ‘‘lighter than air vehicles,’’ or
‘‘UAVs.’’ The rationale for this change is
that the ability of such systems to
produce an aerosol is not determined by
whether the systems are ground-based
or airborne.
(2) Removing the criterion in ECCN
2B352.i based on initial droplet size
(i.e., an initial droplet ‘VMD’ of less
than 50 microns). The rationale for this
change is that initial droplet size is not
necessarily a feature that is measured
(or otherwise addressed) by all
manufacturers of these systems. In
addition, the initial droplet size
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17:58 Aug 10, 2018
Jkt 244001
currently indicated in ECCN 2B352.i is
based solely on the airborne
dissemination of biological agents (i.e.,
those controlled by ECCN 1C351) and
would not necessarily apply to systems
for the airborne dissemination of
chemicals (i.e., those controlled by
ECCN 1C350 or 1C355) or the groundbased dissemination of such chemicals
or biological agents.
(3) Lowering the flow rate at which
spraying or fogging systems are
controlled under ECCN 2B352.i.
Currently, ECCN 2B352.i specifies a
flow rate of ‘‘greater than 2 liters per
minute.’’ However, BIS acknowledges
that this change would involve
determining a lower flow rate that
would not catch typical commercial
systems (e.g., systems designed for
agricultural use), except when deemed
necessary to ensure the continued
effectiveness of CB controls on spraying
or fogging systems.
(4) Developing a control that would
apply to spraying or fogging systems
‘‘specially designed’’ for the
dissemination or dispersion of
chemicals controlled by ECCN 1C350 or
1C355 or biological agents controlled by
ECCN 1C351 in a manner likely to cause
significant harm to humans or livestock
or serious damage to crops.
With respect to option #4 described
above, note that paragraph (a)(1) of the
definition of ‘‘specially designed’’ in
Section 772.1 of the EAR states that an
item is ‘‘specially designed’’ if, as a
result of ‘‘development,’’ it ‘‘has
properties peculiarly responsible for
achieving or exceeding the performance
levels, characteristics, or functions in
the relevant ECCN or U.S. Munitions
List (USML) paragraph.’’ Therefore, if
the term ‘‘specially designed’’ were used
in the control text for spraying or
fogging systems in ECCN 2B352.i, the
only systems that would be captured by
these controls would be those that are
peculiarly responsible for achieving the
dissemination or dispersion of
chemicals controlled by ECCN 1C350 or
1C355 or biological agents controlled by
ECCN 1C351 in a manner likely to cause
significant harm to humans or livestock
or serious damage to crops (i.e.,
properties that would distinguish these
systems from typical commercial
systems, such as those designed for
agricultural applications).
Consequently, under option #4, the
controls in ECCN 2B352.i would not
apply to spraying or fogging systems
designed for commercial use that have
performance levels, characteristics, or
functions that are capable of, but not
peculiarly responsible for, achieving the
dissemination or dispersion of
chemicals controlled by ECCN 1C350 or
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1C355 or biological agents controlled by
ECCN 1C351 in the manner described
above.
Request for Comments
BIS is publishing this notice of
inquiry to obtain public comments as
part of a review of the effectiveness of
the EAR controls on spraying or fogging
systems, and ‘‘parts’’ and ‘‘components’’
therefor, as currently described in ECCN
2B352.i. Specifically, BIS is seeking
comments that address whether the
descriptions of these items on the CCL:
(1) Are clear; (2) do not inadvertently
control items in normal commercial use;
(3) accurately reflect CB-related
technological capabilities and
developments; and (4) are consistent
with the principal objective of the AG,
which is to ensure that exports of
certain chemicals, biological agents, and
dual-use chemical and biological
manufacturing facilities and equipment
do not contribute to the spread of
chemical and biological weapons
(CBW).
The public comments submitted in
response to this notice of inquiry should
address specific aspects of the current
controls in ECCN 2B352.i in relation to
the four criteria described above. For
example, if the current control text is
not sufficiently clear or does not
accurately reflect CB-related
technological capabilities and
developments, please identify the
specific aspects in which the current
controls fall short with respect to these
criteria. In addition, please indicate: (1)
The extent to which the existing
controls in ECCN 2B352.i would apply
to any spraying or fogging systems that
are currently being manufactured and/or
sold; or (2) if the existing controls do
not apply to any current systems, what
specific aspects (e.g., flow rate or
‘VMD’) would differentiate such
systems from the systems described in
ECCN 2B352.i. Also, if applicable,
describe the manner in which your
company evaluates spraying or fogging
equipment, and ‘‘parts’’ and
‘‘components’’ therefor, consistent with
Technical Note 2 to ECCN 2B352 as
described above, which states that this
ECCN does not control items specified
in 2B352.i if they are ‘‘demonstrated not
to be capable of delivering biological
agents in the form of infectious
aerosols.’’
In addition, BIS encourages the public
to submit comments on the
aforementioned options to modify the
current controls in ECCN 2B352.i.
Comments on these options should
focus on the extent to which they would
satisfy the four criteria described above
and also address the potential impact of
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Federal Register / Vol. 83, No. 156 / Monday, August 13, 2018 / Proposed Rules
these alternative controls on specific
types of spraying or fogging systems
(including ‘‘parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’
therefor) that are currently being
manufactured and/or sold or that are
likely to be manufactured and/or sold in
the foreseeable future. Comments on
option #4 (where the ECCN 2B352.i
control text would include the term
‘‘specially designed’’) should not only
address this option with reference to the
four criteria described above, but also
identify any performance levels,
characteristics, or functions that clearly
distinguish commercial spraying or
fogging systems from those systems
having properties that are peculiarly
responsible for achieving the
dissemination or dispersion of
chemicals controlled by ECCN 1C350 or
1C355 or biological agents controlled by
ECCN 1C351 in a manner likely to cause
significant harm to humans or livestock
or serious damage to crops.
Dated: August 6, 2018.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2018–17249 Filed 8–10–18; 8:45 am]
BILLING CODE 3510–33–P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 39 and 140
RIN 3038–AE65
Exemption From Derivatives Clearing
Organization Registration
Commodity Futures Trading
Commission.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Commodity Futures
Trading Commission (Commission) is
proposing amendments to its
regulations to establish a regulatory
framework within which the
Commission may exempt a clearing
organization that is organized outside of
the United States (hereinafter referred to
as ‘‘non-U.S. clearing organization’’)
from registration as a derivatives
clearing organization (DCO) in
connection with the clearing
organization’s clearing of swaps. In
addition, the Commission is proposing
certain amendments to its delegation
provisions in its regulations.
DATES: Comments must be received on
or before October 12, 2018.
ADDRESSES: You may submit comments,
identified by ‘‘Exemption from
Derivatives Clearing Organization
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SUMMARY:
VerDate Sep<11>2014
17:58 Aug 10, 2018
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Registration’’ and RIN number 3038–
AE65, by any of the following methods:
• CFTC Comments Portal: https://
comments.cftc.gov. Select the ‘‘Submit
Comments’’ link for this rulemaking and
follow the instructions on the Public
Comment Form.
• Mail: Send to Christopher
Kirkpatrick, Secretary of the
Commission, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581.
• Hand Delivery/Courier: Follow the
same instructions as for Mail, above.
Please submit your comments using
only one of these methods. To avoid
possible delays with mail or in-person
deliveries, submissions through the
CFTC Comments Portal are encouraged.
All comments must be submitted in
English, or if not, accompanied by an
English translation. Comments will be
posted as received to https://
comments.cftc.gov. You should submit
only information that you wish to make
available publicly. If you wish the
Commission to consider information
that you believe is exempt from
disclosure under the Freedom of
Information Act (FOIA), a petition for
confidential treatment of the exempt
information may be submitted according
to the procedures established in § 145.9
of the Commission’s regulations.1
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from https://comments.cftc.gov that it
may deem to be inappropriate for
publication, such as obscene language.
All submissions that have been redacted
or removed that contain comments on
the merits of the rulemaking will be
retained in the public comment file and
will be considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the FOIA.
FOR FURTHER INFORMATION CONTACT:
Eileen A. Donovan, Deputy Director,
202–418–5096, edonovan@cftc.gov;
Parisa Abadi, Associate Director, 202–
418–6620, pabadi@cftc.gov; Eileen R.
Chotiner, Senior Compliance Analyst,
202–418–5467, echotiner@cftc.gov;
Abigail S. Knauff, Special Counsel, 202–
418–5123, aknauff@cftc.gov; Division of
Clearing and Risk, Commodity Futures
Trading Commission, Three Lafayette
Centre, 1155 21st Street NW,
Washington, DC 20581.
1 17 CFR 145.9. Commission regulations referred
to herein are found at 17 CFR chapter I (2018), and
are accessible on the Commission’s website at
https://www.cftc.gov/LawRegulation/Commodity
ExchangeAct/index.htm.
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39923
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. Project KISS
B. Statutory and Regulatory Framework for
Swaps Execution and Clearing
C. Statutory and Regulatory Requirements
for Registration and Operation of DCOs
II. Proposed Amendments to Part 39
A. Regulation 39.1—Scope
B. Regulation 39.2—Definitions
C. Regulation 39.6—Exemption Provisions
D. Regulation 39.9—Scope
III. Proposed Amendments to Part 140—
Delegations of Authority
IV. Request for Comments
V. Consideration of Costs and Benefits
A. Introduction
B. Proposed Regulation 39.6
C. Section 15(a) Factors
VI. Related Matters
A. Regulatory Flexibility Act
B. Paperwork Reduction Act
I. Background
A. Project KISS
The Commission is engaging in an
agency-wide review of its rules,
regulations, and practices to make them
simpler, less burdensome, and less
costly, and to make progress on G–20
regulatory reforms. This initiative is
called Project KISS, which stands for
‘‘Keep It Simple, Stupid.’’ 2 The
Commission is proposing to adopt
regulations that would codify the
policies and procedures that the
Commission is currently following with
respect to granting exemptions from
DCO registration in order to make such
policies and procedures transparent to
all potential applicants.
B. Statutory and Regulatory Framework
for Swaps Execution and Clearing
The Commodity Exchange Act (CEA) 3
provides that a clearing organization
may not ‘‘perform the functions of a
[DCO]’’ 4 with respect to swaps unless
2 See Remarks of Acting Chairman J. Christopher
Giancarlo before the 42nd Annual International
Futures Industry Conference in Boca Raton, FL,
Mar. 15, 2017, available at https://www.cftc.gov/
PressRoom/SpeechesTestimony/opagiancarlo-20.
On February 24, 2017, President Donald J. Trump
issued Executive Order 13777: Enforcing the
Regulatory Reform Agenda (E.O. 13777). E.O. 13777
directs federal agencies, among other things, to
designate a Regulatory Reform Officer and establish
a Regulatory Reform Task Force. Although the
CFTC, as an independent federal agency, is not
bound by E.O. 13777, the Commission is
nevertheless engaging in an agency-wide review of
its rules, regulations, and practices to make them
simpler, less burdensome, and less costly. See
Request for Information, 82 FR 23756 (May 24,
2017).
3 7 U.S.C. 1 et seq.
4 The term ‘‘derivatives clearing organization’’ is
statutorily defined to mean a clearing organization
in general. However, for purposes of the discussion
herein, the term ‘‘DCO’’ refers to a Commission-
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]]>Agencies
[Federal Register Volume 83, Number 156 (Monday, August 13, 2018)]
[Proposed Rules]
[Pages 39921-39923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17249]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR part 774
[Docket No. 180227222-8222-01]
Commerce Control List: Request for Comments Regarding Controls on
Certain Spraying or Fogging Systems and ``Parts'' and ``Components''
Therefor
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Notice of inquiry.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS), Department of
Commerce, maintains the Export Administration Regulations, including
the Commerce Control List (CCL). Certain items identified on the CCL
are controlled for chemical/biological (CB) reasons, because they are
identified on one of the common control lists maintained by the
Australia Group (AG), which is a multilateral forum of countries (plus
the European Union) that maintain export controls on specified
chemicals, biological agents, and related equipment and technology that
could be used in a chemical or biological weapons (CBW) program. Among
the items subject to these CB controls are spraying or fogging systems
described in Export Control Classification Number (ECCN) 2B352.i on the
CCL. Through this notice, BIS is seeking public comments as part of a
review of the effectiveness of its controls on these systems, and
``parts'' and ``components'' therefor, to ensure that the descriptions
of these items on the CCL are clear, do not inadvertently control items
in normal commercial use, accurately reflect CB-related technological
capabilities and developments, and are consistent with the principal
objective of the AG, which is to ensure that exports of certain
chemicals, biological agents, and dual-use chemical and biological
manufacturing facilities and equipment, do not contribute to the spread
of chemical and biological weapons (CBW). This notice also requests
public comments on potential alternatives to the current controls in
ECCN 2B352.i.
DATES: Comments must be received by BIS no later than October 12, 2018.
ADDRESSES: Comments may be submitted via the Federal eRulemaking Portal
(https://www.regulations.gov). You can find this notice by searching on
its regulations.gov docket number, which is BIS-2018-0013. Comments may
also be submitted via email to [email protected] or on paper
to Regulatory Policy Division, Bureau of Industry and Security, U.S.
Department of Commerce, Room 2099B, 14th Street and Pennsylvania Avenue
NW, Washington, DC 20230. Please refer to RIN 0694-XC042 in all
comments and in the subject line of email comments. All comments
(including any personally identifying information) will be made
available for public inspection and copying.
FOR FURTHER INFORMATION CONTACT: For questions on the CB controls that
apply to spraying or fogging systems described in ECCN 2B352.i, contact
Richard P. Duncan, Ph.D., Director, Chemical and Biological Controls
Division, Office of Nonproliferation and Treaty Compliance, Bureau of
Industry and Security, Telephone: (202) 482-3343, Email:
[email protected]. For questions on the submission of comments
in response to this notice of inquiry, contact Willard Fisher,
Regulatory Policy Division, Office of Exporter Services, Bureau of
Industry and Security, U.S. Department of Commerce, Phone: (202) 482-
2440.
SUPPLEMENTARY INFORMATION:
Background
The Bureau of Industry and Security (BIS), Department of Commerce,
maintains the Export Administration Regulations (EAR) (15 CFR parts
730-774), including the Commerce Control List (CCL) (Supplement No. 1
to part 774 of the EAR). Through this notice, BIS is seeking public
comments as part of a review of the effectiveness of its controls on
spraying or fogging systems, and ``parts'' and ``components'' therefor,
that are described in paragraph (i) of Export Control Classification
Number (ECCN) 2B352 on the CCL. The items controlled by ECCN 2B352.i
are subject to chemical/biological (CB) controls on the CCL, because
they are identified on one of the common control lists maintained by
the Australia Group (AG), specifically, the AG ``Control List of Dual-
Use Biological Equipment and Related Technology and Software.'' The AG
is a multilateral forum consisting of 42 participating countries and
the European Union that maintain export controls on specified
chemicals, biological agents, and related equipment and technology that
could be used in a chemical or biological weapons program.
Current EAR Controls on Spraying or Fogging Systems
Currently, ECCN 2B352.i controls complete spraying or fogging
systems, spray booms, and arrays of aerosol generating units that are:
(1) ``specially designed'' or modified for fitting to aircraft,
``lighter than air vehicles,'' or ``unmanned aerial vehicles''
(``UAVs''); and (2) capable of delivering, from a liquid suspension, an
initial droplet volume median diameter (`VMD') of less than 50 microns
at a flow rate of greater than 2 liters per minute. This ECCN also
controls aerosol generating units that are ``specially designed'' for
fitting to the aforementioned equipment.
The Technical Notes immediately following ECCN 2B352.i clarify the
scope of these controls and provide guidance on how to evaluate certain
characteristics (e.g., droplet size) to determine whether specific
equipment is controlled under this ECCN. Technical Note 1 states that
aerosol generating units, for purposes of the controls in ECCN 2B352.i,
are devices ``specially designed'' or modified for fitting to
``aircraft'' and include nozzles, rotary drum atomizers and similar
devices. Technical Note 2 clarifies the scope of ECCN 2B352 by
indicating that this ECCN does not control spraying or fogging systems
and ``parts'' and ``components'' therefor, as described in 2B352.i,
that are demonstrated not to be
[[Page 39922]]
capable of delivering biological agents in the form of infectious
aerosols. Technical Note 3 provides guidance on how to measure `VMD'
for droplets produced by spray equipment or nozzles ``specially
designed'' for use on ``aircraft'' or ``UAVs,'' indicating that,
pending the adoption of internationally accepted standards, `VMD'
should be measured using either of the following methods: (1) Doppler
``laser'' method; or (2) forward ``laser'' diffraction method.
The control text in ECCN 2B352.i, as described above, is consistent
with the corresponding controls described in the AG ``Control List of
Dual-Use Biological Equipment and Related Technology and Software,''
which were established to address a very specific threat, i.e., the
dissemination of biological agents from the air.
Proposed Alternatives to the Current Controls in ECCN 2B352.i
As part of its review of the ECCN 2B352.i controls on spraying or
fogging systems, and ``parts'' and ``components'' therefor, BIS is
considering expanding the scope of these controls to include: (1)
Systems for the dissemination of chemicals controlled by ECCN 1C350 or
1C355 (currently, CB controls apply only to systems for the
dissemination of biological agents controlled by ECCN 1C351); and (2)
ground-based systems (currently, CB controls apply only to airborne
systems). These changes are being considered because potential
chemical/biological warfare (CBW) threats are likely to include the
dissemination of chemical agents, as well as the dissemination of
biological agents, and may well involve ground-based methods of
dissemination, as well as airborne means of dissemination.
Consequently, BIS is considering one or more of the following
options with respect to the EAR controls on spraying or fogging
systems, and ``parts'' and ``components'' therefor.
(1) Removing the criterion in ECCN 2B352.i that currently limits CB
controls to those systems that are ``specially designed'' or modified
for fitting to ``aircraft,'' ``lighter than air vehicles,'' or
``UAVs.'' The rationale for this change is that the ability of such
systems to produce an aerosol is not determined by whether the systems
are ground-based or airborne.
(2) Removing the criterion in ECCN 2B352.i based on initial droplet
size (i.e., an initial droplet `VMD' of less than 50 microns). The
rationale for this change is that initial droplet size is not
necessarily a feature that is measured (or otherwise addressed) by all
manufacturers of these systems. In addition, the initial droplet size
currently indicated in ECCN 2B352.i is based solely on the airborne
dissemination of biological agents (i.e., those controlled by ECCN
1C351) and would not necessarily apply to systems for the airborne
dissemination of chemicals (i.e., those controlled by ECCN 1C350 or
1C355) or the ground-based dissemination of such chemicals or
biological agents.
(3) Lowering the flow rate at which spraying or fogging systems are
controlled under ECCN 2B352.i. Currently, ECCN 2B352.i specifies a flow
rate of ``greater than 2 liters per minute.'' However, BIS acknowledges
that this change would involve determining a lower flow rate that would
not catch typical commercial systems (e.g., systems designed for
agricultural use), except when deemed necessary to ensure the continued
effectiveness of CB controls on spraying or fogging systems.
(4) Developing a control that would apply to spraying or fogging
systems ``specially designed'' for the dissemination or dispersion of
chemicals controlled by ECCN 1C350 or 1C355 or biological agents
controlled by ECCN 1C351 in a manner likely to cause significant harm
to humans or livestock or serious damage to crops.
With respect to option #4 described above, note that paragraph
(a)(1) of the definition of ``specially designed'' in Section 772.1 of
the EAR states that an item is ``specially designed'' if, as a result
of ``development,'' it ``has properties peculiarly responsible for
achieving or exceeding the performance levels, characteristics, or
functions in the relevant ECCN or U.S. Munitions List (USML)
paragraph.'' Therefore, if the term ``specially designed'' were used in
the control text for spraying or fogging systems in ECCN 2B352.i, the
only systems that would be captured by these controls would be those
that are peculiarly responsible for achieving the dissemination or
dispersion of chemicals controlled by ECCN 1C350 or 1C355 or biological
agents controlled by ECCN 1C351 in a manner likely to cause significant
harm to humans or livestock or serious damage to crops (i.e.,
properties that would distinguish these systems from typical commercial
systems, such as those designed for agricultural applications).
Consequently, under option #4, the controls in ECCN 2B352.i would not
apply to spraying or fogging systems designed for commercial use that
have performance levels, characteristics, or functions that are capable
of, but not peculiarly responsible for, achieving the dissemination or
dispersion of chemicals controlled by ECCN 1C350 or 1C355 or biological
agents controlled by ECCN 1C351 in the manner described above.
Request for Comments
BIS is publishing this notice of inquiry to obtain public comments
as part of a review of the effectiveness of the EAR controls on
spraying or fogging systems, and ``parts'' and ``components'' therefor,
as currently described in ECCN 2B352.i. Specifically, BIS is seeking
comments that address whether the descriptions of these items on the
CCL: (1) Are clear; (2) do not inadvertently control items in normal
commercial use; (3) accurately reflect CB-related technological
capabilities and developments; and (4) are consistent with the
principal objective of the AG, which is to ensure that exports of
certain chemicals, biological agents, and dual-use chemical and
biological manufacturing facilities and equipment do not contribute to
the spread of chemical and biological weapons (CBW).
The public comments submitted in response to this notice of inquiry
should address specific aspects of the current controls in ECCN 2B352.i
in relation to the four criteria described above. For example, if the
current control text is not sufficiently clear or does not accurately
reflect CB-related technological capabilities and developments, please
identify the specific aspects in which the current controls fall short
with respect to these criteria. In addition, please indicate: (1) The
extent to which the existing controls in ECCN 2B352.i would apply to
any spraying or fogging systems that are currently being manufactured
and/or sold; or (2) if the existing controls do not apply to any
current systems, what specific aspects (e.g., flow rate or `VMD') would
differentiate such systems from the systems described in ECCN 2B352.i.
Also, if applicable, describe the manner in which your company
evaluates spraying or fogging equipment, and ``parts'' and
``components'' therefor, consistent with Technical Note 2 to ECCN 2B352
as described above, which states that this ECCN does not control items
specified in 2B352.i if they are ``demonstrated not to be capable of
delivering biological agents in the form of infectious aerosols.''
In addition, BIS encourages the public to submit comments on the
aforementioned options to modify the current controls in ECCN 2B352.i.
Comments on these options should focus on the extent to which they
would satisfy the four criteria described above and also address the
potential impact of
[[Page 39923]]
these alternative controls on specific types of spraying or fogging
systems (including ``parts,'' ``components,'' ``accessories,'' and
``attachments'' therefor) that are currently being manufactured and/or
sold or that are likely to be manufactured and/or sold in the
foreseeable future. Comments on option #4 (where the ECCN 2B352.i
control text would include the term ``specially designed'') should not
only address this option with reference to the four criteria described
above, but also identify any performance levels, characteristics, or
functions that clearly distinguish commercial spraying or fogging
systems from those systems having properties that are peculiarly
responsible for achieving the dissemination or dispersion of chemicals
controlled by ECCN 1C350 or 1C355 or biological agents controlled by
ECCN 1C351 in a manner likely to cause significant harm to humans or
livestock or serious damage to crops.
Dated: August 6, 2018.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2018-17249 Filed 8-10-18; 8:45 am]
BILLING CODE 3510-33-P
