Revisions to the Export Administration Regulations Based on the 2017 Missile Technology Control Regime Plenary Agreements, 44216-44228 [2018-18849]
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Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
(Lat. 33°59′42″ N, long. 80°21′41″ W)
That airspace extending upward from 700
feet above the surface within a 10-mile radius
of Shaw AFB and within a 6.8-mile radius of
Mc Entire JNGB and within 3 miles each side
of Mc Entire JNGB TACAN 138° radial,
extending from the 6.8-mile radius to 12
miles southeast of the TACAN and within a
7-mile radius of Sumter Airport; excluding
that airspace contained within Restricted
Area R–6002 when it is in use.
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
including most of the world’s suppliers
of advanced missiles and missile-related
equipment, materials, software and
technology. The regime establishes a
common list of controlled items (the
Annex) and a common export control
policy (the Guidelines) that member
countries implement in accordance with
their national export controls. The
MTCR seeks to limit the risk of
proliferation of weapons of mass
destruction by controlling exports of
goods and technologies that could make
a contribution to delivery systems (other
than manned aircraft) for such weapons.
In 1993, the MTCR’s original focus on
missiles for nuclear weapons delivery
was expanded to include the
proliferation of missiles for the delivery
of all types of weapons of mass
destruction (WMD), i.e., nuclear,
chemical and biological weapons. Such
proliferation has been identified as a
threat to international peace and
security. One way to address this threat
is to maintain vigilance over the transfer
of missile equipment, material, and
related technologies usable for systems
capable of delivering WMD. MTCR
members voluntarily pledge to adopt the
Regime’s export Guidelines and to
restrict the export of items contained in
the Regime’s Annex. The Regime’s
Guidelines are implemented through the
national export control laws, regulations
and policies of the regime members.
The Bureau of Industry and
Security (BIS) is amending the Export
Administration Regulations (EAR) to
reflect changes to the Missile
Technology Control Regime (MTCR)
Annex that were agreed to by MTCR
member countries at the October 2017
Plenary in Dublin, Ireland, and the May
2017 Technical Experts Meeting (TEM)
in Stockholm, Sweden. This final rule
revises seventeen Export Control
Classification Numbers (ECCNs) to
implement the changes that were agreed
to at the meetings and to better align the
missile technology (MT) controls on the
Commerce Control List (CCL) with the
MTCR Annex.
DATES: This rule is effective August 30,
2018.
FOR FURTHER INFORMATION CONTACT:
Sharon Bragonje, Nuclear and Missile
Technology Controls Division, Bureau
of Industry and Security, Phone: (202)
482–0434; Email: sharon.bragonje@
bis.doc.gov.
Amendments to the Export
Administration Regulations (EAR)
This final rule revises the Export
Administration Regulations (EAR) to
reflect changes to the MTCR Annex
agreed to at the October 2017 Plenary in
Dublin, Ireland, and changes resulting
from the May 2017 Technical Experts
Meeting (TEM) in Stockholm, Sweden.
References are provided below for the
MTCR Annex changes agreed to at the
meetings that correspond to the EAR
revisions described below. This rule
also makes changes to the Commerce
Control List (CCL) (Supplement No. 1 to
part 774 of the EAR) to conform with
the MTCR Annex. All of the changes in
this final rule align the MT controls on
the CCL with the MTCR Annex. In the
discussion below, BIS identifies the
origin of each change in the regulatory
text of this final rule by using one the
following parenthetical phrases: (Dublin
2017 Plenary), (Stockholm 2017 TEM),
or (Changes to Align with MTCR
Annex).
Issued in College Park, Georgia, on August
22, 2018.
Ryan W. Almasy,
Manager, Operations Support Group, Eastern
Service Center, Air Traffic Organization.
[FR Doc. 2018–18765 Filed 8–29–18; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 170906871–7871–01]
RIN 0694–AH46
Revisions to the Export Administration
Regulations Based on the 2017 Missile
Technology Control Regime Plenary
Agreements
AGENCY:
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SUMMARY:
SUPPLEMENTARY INFORMATION:
Background
The Missile Technology Control
Regime (MTCR or Regime) is an export
control arrangement among 35 nations,
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Amendments to the Commerce Control
List (CCL)
This final rule amends the CCL to
reflect changes to the MTCR Annex by
amending seventeen ECCNs, as follows:
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ECCN 1B117. This final rule amends
ECCN 1B117 by revising the heading to
remove the criteria for which ‘‘batch
mixers’’ are controlled under this entry
and moves the criteria to the new
‘‘items’’ paragraphs a and b in the List
of Items Controlled section. This final
rule, as a conforming change,
redesignates existing ‘‘items’’
paragraphs a and b as paragraphs c and
d (including redesignating the Note to
paragraph b as Note to paragraph d),
respectively, so that all criteria that
identify ‘‘batch mixers’’ that are
controlled under ECCN 1B117 are in the
List of Items Controlled section. These
changes involving the rearranging of the
existing text are being made for clarity
and consistency within the MTCR
Annex (MTCR Annex Change, Category
II: Item 4.B.3., Dublin 2017 Plenary).
These changes are not expected to have
any impact on the number of license
applications received by BIS.
ECCN 1B118. This final rule amends
ECCN 1B118 by revising the heading to
remove the criteria for which
‘‘continuous mixers’’ are controlled
under 1B118 and adds those criteria to
the ‘‘items’’ paragraph in the List of
Items Controlled section. This final rule
revises ‘‘items’’ paragraphs a and b to
include the control criteria that identify
certain ‘‘continuous mixers’’ that are
controlled under ECCN 1B118. This
final rule, as a conforming change, also
redesignates existing ‘‘items’’ paragraph
b as paragraph c, which includes criteria
that identify other ‘‘continuous mixers’’
that are controlled under ECCN 1B118.
The changes to paragraph b, which this
rule redesignates as ‘‘items’’ paragraph
c.2, include making minor edits for
clarity of the control parameters to more
clearly identify the shafts controlled
(MTCR Annex Change, Category II: Item
4.B.3.a., Dublin 2017 Plenary). These
changes involving the rearranging of the
existing text are being made for clarity
and consistency within the MTCR
Annex. These changes are not expected
to have any impact on the number of
license applications received by BIS.
ECCN 1C111. This final rule amends
ECCN 1C111 by revising ‘‘items’’
paragraph a.1 in the List of Items
Controlled section. In ‘‘items’’
paragraph a.1, this final rule removes
the word ‘‘percent’’ and adds in its
place the ‘‘%’’ sign in the phrase ‘‘if at
least 10 percent of the total weight.’’
This change is being made for
consistency with the MTCR Annex
(Changes to Align with MTCR Annex).
This is a clarification and will not
change any scope of control. This
change is not expected to have any
impact on the number of license
applications received by BIS.
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ECCN 1C118. This final rule amends
ECCN 1C118 by revising ‘‘items’’
paragraphs a.1, a.2, and a.3 in the List
of Items Controlled section. In ‘‘items’’
paragraphs a.1 and a.2, this final rule
removes the phrase ‘‘weight percent’’
and adds in its place the phrase ‘‘% by
weight.’’ In ‘‘items’’ paragraph a.3, this
final rule removes the phrase ‘‘percent
is austenite’’ and adds in its place the
‘‘%’’ sign and for clarity moves the
phrase ‘‘is austenite’’ to the end of the
paragraph. These changes involving the
rearranging of the existing text are being
made for clarity and consistency with
the MTCR Annex (MTCR Annex
Change, Category II: Item 6.C.9., Dublin
2017 Plenary). This is a clarification and
will not change any scope of control.
These changes are not expected to have
any impact on the number of license
applications received by BIS.
ECCN 2B109. This final rule amends
ECCN 2B109 by revising the heading,
revising ‘‘items’’ paragraphs a and b in
the List of Items Controlled section, and
removing Technical Note 2 in the List
of Items Controlled section. This final
rule revises the introductory text of
‘‘items’’ paragraph a to incorporate the
text from Technical Note 2 into the
paragraph, creating positive and specific
control text to identify the types of
‘‘flow-forming machines’’ that are
controlled under ECCN 2B109. Only
‘‘flow-forming machines’’ that are
usable in the ‘‘production’’ of
propulsion components and equipment
(e.g., motor cases and interstages) for
‘‘missiles’’ will be controlled under
ECCN 2B109. This rule includes a
parenthetical phrase to provide two
examples of the types of propulsion
components and equipment being
referenced in ECCN 2B109.a. This final
rule also revises ‘‘items’’ paragraphs a.1
and a.2 to make minor clarifications in
the control parameters. This final rule
revises ‘‘items’’ paragraph a.1 to add the
phrase ‘‘equipped with or’’ according to
the manufacturer’s technical
specification, and removes the phrase
‘‘can be’’ and adds in its places the
phrase ‘‘capable of being’’ equipped.
This final rule removes the word ‘‘have’’
from the beginning of ‘‘items’’ paragraph
a.2 because the introductory text of
paragraph a already includes this word,
so it is redundant in a.2. The final rule
removes Technical Note 2 because the
substance of this technical note is added
to ‘‘items’’ paragraph a, which means
the technical note is no longer needed.
This final rule rewords the substance of
Technical Note 2 added to the
introductory text of ‘‘items’’ paragraph a
for clarity and to remove the double
negative (MTCR Annex Change,
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Category II: Item 3.B.3., Dublin 2017
Plenary).
In ECCN 2B109, this final rule revises
the heading by removing the phrase
‘‘and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor.’’ As a
conforming change this final rule
revises ‘‘items’’ paragraph b to add
‘‘parts’’ to the scope of this paragraph.
These changes to the heading and
‘‘items’’ paragraph b do not change the
scope of the ECCN, but rather clarify the
intended scope of ECCN 2B109. This
final rule corrects ‘‘items’’ paragraph b,
so that an MT control on ‘‘parts’’ and
‘‘components’’ applies only to 2B009
machines that are controlled for MT
reasons. The control text in the heading
referring to ‘‘parts’’ and ‘‘components’’
is not needed, provided conforming
edits were made to add ‘‘parts’’ to the
scope of ‘‘items’’ paragraph b, which
controlled ‘‘components’’ prior to
publication of this final rule. This final
rule also revises the heading to add the
phrase ‘‘as follows (see List of Items
Controlled)’’ to reflect that this ECCN
includes an ‘‘items’’ paragraph (Changes
to Align with MTCR Annex). These
changes are not expected to have any
impact on the number of license
applications received by BIS.
ECCN 2B120. This final rule amends
the heading of ECCN 2B120 by revising
‘‘items’’ paragraph a in the List of Items
Controlled section to move the phrase
‘‘or more’’ to precede the term ‘‘axes.’’
The phrase ‘‘two or more axes’’ is
clearer and more consistent within the
MTCR Annex. The motion simulators
and rate tables controlled under ‘‘items’’
paragraph a are those with two or more
axes (MTCR Annex Change, Category I:
Item 9.B.2.c, Dublin 2017 Plenary).
These changes are not expected to have
any impact on the number of license
applications received by BIS.
ECCN 2B121. Similar to the change
described above to ECCN 2B120, this
final rule amends ECCN 2B121 by
revising ‘‘items’’ paragraph a in the List
of Items Controlled section to move the
phrase ‘‘or more’’ to precede the term
‘‘axes.’’ The phrase ‘‘two or more axes’’
is clearer and more consistent within
the MTCR Annex. The positioning
tables controlled under ‘‘items’’
paragraph a are those with two or more
axes (MTCR Annex Change, Category II:
Item 9.B.2.d., Dublin 2017 Plenary).
These changes are not expected to have
any impact on the number of license
applications received by BIS.
ECCN 2B122. This final rule amends
ECCN 2B122 by revising the heading to
remove the word ‘‘above’’ and add in its
place the phrase ‘‘greater than’’ to
clarify that centrifuges capable of
imparting accelerations ‘‘greater than’’
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100 g are those that meet this portion of
the control parameter. The word
‘‘above’’ also conveys the same
meaning, but the phrase ‘‘greater than’’
is clearer and more consistent within
the MTCR Annex (MTCR Annex
Change, Category II: Item 9.B.2.e.,
Dublin 2017 Plenary). These changes are
not expected to have any impact on the
number of license applications received
by BIS.
ECCN 6A107. This final rule amends
ECCN 6A107 by adding a definition of
’Time to steady-state registration’ to the
Related Definitions paragraph in the List
of Items Controlled section. As a
conforming change, this final rule also
revises the ‘‘items’’ paragraph a.2 in the
List of Items Controlled section of ECCN
6A107 to add single quotation marks
around the term ’time to steady-state
registration’ to indicate the term is
defined for purposes of this ECCN under
the Related Definitions paragraph
(MTCR Annex Change, Category II: Item
12.A.3.a.2. Technical Note, Stockholm
2017 TEM). These changes are not
expected to have any impact on the
number of license applications received
by BIS.
ECCN 7A105. This final rule amends
ECCN 7A105 by revising the heading
and the Related Definitions paragraph.
This final rule revises the heading of
ECCN 7A105 to remove the phrase
‘‘Global Navigation Satellite Systems
(GNSS),’’ including the parenthetical
phrase with examples of GNSS, and
adds in its place the term ’navigation
satellite systems.’ This final rule
amends ECCN 7A105 by adding a
definition of ’Navigation satellite
systems’ to the Related Definitions
paragraph in the List of Items Controlled
section to define this term for purposes
of this ECCN. The new definition of
’navigation satellite systems’ specifies
that these systems include global
navigation satellite systems (GNSS) and
regional navigation satellite systems
(RNSS) and provides an illustrative list
of such (GNSS, RNSS) systems (MTCR
Annex Change, Category II: Item 11.A.3.,
Stockholm 2017 TEM and Dublin 2017
Plenary). These changes to ECCN 7A105
are being made in this final rule because
the MTCR Annex entry that addresses
receiving equipment for navigation
satellite systems has been expanded to
include regional navigation satellite
systems, as well as listing the Chinese
system ‘‘BeiDou’’ in the examples of
GNSS. To accomplish this, as described
above, this final rule in ECCN 7A105
adds a local definition of ’navigation
satellite systems,’ with expanded
examples, to the Related Definitions
paragraph in the List of Items
Controlled. ECCN 7A105 does not
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encompass all of the commodities
specified under the MTCR Annex,
Category II, Item 11.A.3 entry, because
some of those commodities are ‘‘subject
to the ITAR.’’ The existing Related
Controls paragraph (2) in ECCN 7A105,
as well as the Commerce Control List
Order of Review in Supplement No. 4 to
part 774 of the EAR already provides
guidance on this, so no additional
changes are needed in this rule to
address that issue. This change is
expected to result in an increase of one
or fewer applications received annually
by BIS, because of the generally low
number of such items exported.
ECCN 7A107. This final rule amends
ECCN 7A107 by revising ‘‘items’’
paragraph b in the List of Items
Controlled section by removing the
phrase ‘‘capable of providing’’ at the
beginning of the paragraph. The phrase
is not needed in order to convey the
meaning of the control parameter and
removing the phrase makes the control
parameter text more precise. This
change is made to conform to this
MTCR Annex change. ECCN 7A107.a
already reflects changes made in the
MTCR Annex, and therefore, that
‘‘items’’ paragraph a did not need to be
amended in this final rule (MTCR
Annex Change, Category II: Item 9.A.8.,
Dublin 2017 Plenary). This is a
clarification and will not change any
scope of control. This change is not
expected to have any impact on the
number of license applications received
by BIS.
ECCN 7A116. This final rule amends
ECCN 7A116 by revising the heading;
and adding a License Requirements
section, License Exceptions section and
List of Items Controlled section (MTCR
Annex Change, Category II: Item 10.A.,
Notes, Dublin 2017 Plenary; and
Changes to Align with MTCR Annex).
This final rule, in order to fully reflect
the commodities specified in the MTCR
Annex, Category II: Item 10.A., revises
ECCN 7A116 to control items that are
not ‘‘subject to the ITAR,’’ but that
would otherwise meet the description of
items in the MTCR Annex, Category II:
Item 10.A and the new control
parameters this final rule adds to ECCN
7A116.
This final rule does this by revising
the heading, which includes removing
the parenthetical phrase that stated that
all items in the heading were ‘‘subject
to the ITAR.’’ As a conforming change,
this final rule adds a Related Controls
paragraph (2) to alert people to see
United States Munitions List (USML)
Category IV for items ‘‘specially
designed’’ for use in rockets or missiles
that are ‘‘subject to the ITAR.’’ This final
rule also adds a Related Controls
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paragraph (1) to direct people to also see
ECCNs 9A610.r and .s for items
designated or modified for military
UAVs. This final rule adds a license
requirement for MT 1 and AT 1 for these
commodities that this rule controls
under ECCN 7A116.
This final rule adds ‘‘items’’
paragraphs a, b, and c to specify the
commodities controlled under ECCN
7A116. This final rule, as described
below in the changes this final rule
makes to ECCN 9A012, removes the
control parameters in ‘‘items’’ paragraph
9A012.b.5 and adds (moves) those to
ECCN 7A116. These changes are
appropriate because there are no similar
controls in the Wassenaar Arrangement
for these commodities that are specified
on the MTCR Annex, and under the
Commerce Control List Order of Review
these items will be appropriately
controlled under ECCN 7A116. The
commodities this rule moves from
9A012.b.5 will no longer be controlled
for national security (NS) reasons, but
the commodities will be MT controlled.
This final rule also adds a note at the
end of the ‘‘items’’ paragraph in the List
of Items Controlled section of ECCN
7A116 to specify that systems,
equipment and valves designed or
modified to enable operation of manned
aircraft as unmanned aerial vehicles are
included within the scope of this ECCN.
These changes are not expected to
have any impact on the number of
license applications received by BIS,
because this equipment is not widely
used or exported.
ECCN 9A012. This final rule amends
ECCN 9A012 by revising the ‘‘MT’’
paragraph in the table in the License
Requirements section and removing the
‘‘items’’ paragraph b.5 in the List of
Items Controlled section. This final rule
revises the MT controls paragraph to
remove the term ‘‘Air’’ and add in its
place ‘‘Aerial’’ in the term ‘‘Unmanned
Aerial Vehicles (UAVs).’’ This change is
made to conform to the MTCR Annex
and other references in the EAR to
UAVs. As a conforming change for the
movement of commodities classified in
9A012.b.5, as described above for the
changes this final rule makes to ECCN
7A116, this final rule revises the MT
controls paragraph in ECCN 9A012 to
remove the reference to ‘‘9A012.b’’ and
add a reference in its place to ECCN
9A120. This final rule also revises the
reasons for control in ECCN 9A012 to
close a potential gap in the MT controls.
If a UAV meets the requirements of
ECCN 9A120, it would be controlled for
MT reasons. However, as the text was
written prior to publication of this final
rule, if such a UAV met the
requirements of 9A012.a, but did not
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have the range of 300 km, it would be
controlled by 9A012.a and the MT
control would no longer apply.
For the reasons discussed above
regarding the changes to ECCN 7A116,
this final rule makes a conforming
change to remove ‘‘items’’ paragraph b.5
from the List of Items Controlled
because these commodities will be
controlled under ECCN 7A116 (MTCR
Annex Change, Category II: Item 10.A.,
Notes, Dublin 2017 Plenary). These
changes are expected to result in an
increase of 1 or fewer applications
received annually by BIS, because these
are clarifying changes and reflects the
current interpretation for where these
commodities should be controlled
under the EAR.
ECCN 9A101. This final rule amends
ECCN 9A101 by revising the Related
Definitions paragraph, revising ‘‘items’’
paragraph a, adding new ‘‘items’’
paragraphs a.3 and a.4, and revising
‘‘items’’ paragraph b in the List of Items
Controlled section. These changes are
being made to this entry to limit the
control to those engines that are most
likely to be used on MTCR controlled
cruise missiles and unmanned aerial
vehicles, and to remove controls from
larger engines that are unlikely to be
used on such systems. While larger civil
certified engines were already excluded
from control under ECCN 9A101, they
were still controlled under ECCN 9A101
prior to completing the civil
certification process (MTCR Annex
Change, Category II: Item 3.A.1.a.,
Stockholm 2017 TEM).
This final rule revises the Related
Definitions paragraph by removing the
definition of ’maximum thrust value’
and adding this definition as part of
three new Technical Notes this final
rule adds to ‘‘items’’ paragraph a in the
List of Items Controlled section of ECCN
9A101. This final rule adds the
definition of ’maximum thrust value’ as
Technical Note 1 and adds the phrase
‘‘at sea level static conditions using
ICAO standard atmosphere’’ to the
technical note to add greater specificity
on the conditions under which the
measurement needs to be taken for
purposes of ECCN 9A101. This final
rule also adds two new technical notes
to ‘‘items’’ paragraph a; one for ’dry
weight’ (Technical Note 2) and a second
for ’first-stage rotor diameter’ (Technical
Note 3). The definition of ’dry weight’
in Technical Note 2 provides the criteria
for what needs to be included in the
measurement and specifies that the
measurement should not include the
nacelle (housing). The definition of
’first-stage rotor diameter’ in Technical
Note 3, will provide guidance on how
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to measure the diameter of the first
rotating stage of the engine.
The final rule revises the introductory
text of ‘‘items’’ paragraph a to remove
the word ‘‘both’’ and add in its place the
word ‘‘all.’’ This is a conforming change
because this rule adds new ‘‘items’’
paragraphs a.3 and a.4, and in order to
be controlled under ECCN 9A101.a, the
engine needs to meet all of the criteria
in paragraphs a.1 to a.4. This final rule
adds new ‘‘items’’ paragraphs a.3 and
a.4, to include the criterion of ’dry
weight’ less than 750 kg as part of the
criteria that need to be met for an engine
to be controlled under ECCN 9A101.a.
This final rule also adds a new ‘‘items’’
paragraph a.4 to include the criterion of
the ‘‘‘first-stage rotor diameter’ less than
1 m’’ as part of the criteria that need to
be met for an engine to be controlled
under ECCN 9A101.a. This final rule
also revises ‘‘items’’ paragraph b, which
functions as a catch-all for purposes of
this ECCN for engines designed or
modified for use in ‘‘missiles’’ or UAVs
with a range equal to or greater than 300
km, to specify paragraph b is not limited
by the ’dry weight’ or the ’first-stage
rotor diameter’ of the engine. This final
rule also revises paragraph b to add the
phrase ‘‘or UAVs with a range equal to
or greater than 300 km’’ after the term
‘‘missiles.’’ The change to add the
phrase ‘‘UAVs with a range equal to or
greater than 300 km’’ is being made for
consistency with the MTCR Annex
(Changes to Align with MTCR Annex).
These changes are expected to result
in a decrease of no more than 1 to 3
applications received annually by BIS.
ECCN 9A115. This final rule amends
ECCN 9A115 by revising the heading;
and adding a License Requirements
section, License Exceptions section and
List of Items Controlled section
(Changes to Align with MTCR Annex).
This final rule also revises the heading
of ECCN 9A115 by removing the
parenthetical phrase at the end of the
heading that references items controlled
in ECCN 9A610 and others that are
‘‘subject to the ITAR.’’ The parenthetical
phrase was added to ECCN 9A115 in a
November 21, 2016 final rule (81 FR
83124). This final rule retains this cross
reference between the USML and the
CCL, but moves the substance of this
text from the heading of ECCN 9A115 to
the new Related Controls paragraph
added by this rule to the License
Requirements section of 9A115. The
other changes this final rule makes to
ECCN 9A115 are needed because some
of the commodities described in the
heading of ECCN 9A115 are neither
‘‘subject to the ITAR’’ nor controlled in
ECCN 9A610.u, but would otherwise
meet the control parameters in the
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heading of ECCN 9A115. Consistent
with the CCL Order of Review (See
Supplement 4 to part 774), and to align
with the MTCR Annex, this rule makes
it clear that such commodities are
controlled under 9A115. These changes
are expected to result in an increase of
1 or fewer applications received
annually by BIS, due to the low volume
of such items exported.
ECCN 9A515. This final rule amends
ECCN 9A515 by adding a new ‘‘items’’
paragraph h to control spacecraft
thrusters for MT reasons. This final rule
also revises the ‘‘MT’’ paragraph in the
table in the License Requirements
section to specify that the MT control
applies to spacecraft thrusters
controlled in 9A515.h when the total
impulse capacity is equal to or greater
than 8.41x10∧5. These changes are
needed to clarify which of the satellite
thrusters are subject to the EAR. On
January 10, 2017, Commerce published
a final rule (82 FR 2875) that moved
these thrusters from the USML to the
CCL, and the Department of State
published a corresponding rule (82 FR
2889) removing the thrusters from the
ITAR. As a consequence of those rules,
the public sought clarification from BIS
on what items were actually ‘‘subject to
the EAR.’’
Consistent with the Commerce
January 10, 2017 final rule, the
Department of State has informed
Commerce that it intends to clarify that
the existing USML IV(d) paragraph does
not control spacecraft thrusters, and that
such thrusters are ‘‘subject to the EAR.’’
Commerce agrees with the Department
of State that adding a note to the USML
clarifying these controls will assist
exporters in better determining the
control jurisdiction of the spacecraft
thrusters that were moved from the
USML to the CCL in the January 10,
2017 final rule.
The questions raised by the public
and discussions between the
Department of Commerce and State,
including the discussions regarding the
spacecraft thruster controls, identified a
need to add an MT control to the
spacecraft thrusters to align with the
MTCR Annex. Following the USML
Order of Review and CCL Order of
Review, these spacecraft thrusters were,
prior to publication of this final rule,
controlled under ‘‘items’’ paragraph x of
ECCN 9A515. Because ‘‘items’’
paragraph x is not MT controlled, this
final rule adds a separate ‘‘items’’
paragraph h to ECCN 9A515 to allow for
the imposition of an MT control on
these spacecraft thrusters to align with
the MTCR Annex (Changes to Align
with MTCR Annex). Finally, as a
conforming change consistent with the
PO 00000
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44219
addition of ‘‘items’’ paragraph h, this
final rule reserves ‘‘items’’ paragraphs i
through w. These changes are expected
to result in an annual increase of twelve
license applications received by BIS.
ECCN 9A610. This final rule amends
ECCN 9A610 by making revisions to the
‘‘items’’ paragraph (MTCR Annex
Change, Category II: Item 10.A., Notes,
Dublin 2017 Plenary). This final rule
redesignates ‘‘items’’ paragraph w as
‘‘items’’ paragraph w.1 and creates new
‘‘items’’ paragraph w.2 in ECCN 9A610,
including redesignating Note to
paragraph w, as Note to paragraph w.1.
In addition to this redesignation, this
final rule removes the term ‘‘drones’’
from ‘‘items’’ paragraph w.1 and the
Note to paragraph w.1 because the
MTCR Annex does not use the term
‘‘drones,’’ other than stating that drones
are a type of UAV, and therefore the
term does not need to be included in
‘‘items’’ paragraph w.1 or in the Note.
This final rule for the same reason also
removes the term ‘‘drones’’ from
‘‘items’’ paragraphs u and v, including
in the Note to paragraph u and Note to
paragraph v (Changes to Align with
MTCR Annex). This final rule also adds
a new ‘‘items’’ paragraph w.2, to control
for MT reasons, flight control servo
valves designed or modified for the
systems in 9A610.w.1, and the
additional criteria this final rule
includes in new ‘‘items’’ paragraph w.2.
This final rule makes these changes in
ECCN 9A610 in order to accommodate
the new ‘‘items’’ paragraph w.2, which
corresponds to MTCR Annex, Category
II, Item 10.A.3, but had not previously
been listed on the CCL.
This final rule also adds a Note to
paragraphs w.1 and w.2 to specify that
these two ‘‘items’’ paragraphs include
systems, equipment and valves designed
or modified to enable operation of
manned aircraft as unmanned aerial
vehicles. The addition of the note will
clarify that the controls include
equipment when used for the
conversion of a manned aircraft to
operate as a UAV. Some of this type of
equipment is ‘‘subject to the ITAR,’’ and
some of this type of equipment is
‘‘subject to the EAR.’’ Prior to
publication of this final rule, the type of
equipment referenced in ECCN 7A116
made it appear that all of this type of
equipment was ‘‘subject to the ITAR,’’
which is correct for certain equipment,
but not for all such equipment. For
example, some of this equipment prior
to publication of this final rule was
controlled in ECCN 9A610.w. The
changes described above that this final
rule makes to ECCNs 7A116 and 9A610,
will make needed corrections to clarify
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where this type of equipment is
controlled on the CCL.
Prior to publication of this rule, some
of the equipment specified in MTCR
Annex, Category II, Item 10.A.3. was not
controlled on the CCL. While ECCN
9A106 has an entry for the equipment
used in liquid propulsion systems for
rockets, there was not a corresponding
entry listing the equipment used in
UAVs. To correct this gap in coverage,
this final rule adds the criteria in MTCR
Annex, Category II, 10.A.3. to ECCNs
7A116 and 9A610, as described above.
These changes are not expected to
have any impact on the number of
license applications received by BIS due
to the low volume of such items
exported.
amozie on DSK3GDR082PROD with RULES
Savings Clause
Shipments of items removed from
eligibility for a License Exception or
export or reexport without a license
(NLR) as a result of this regulatory
action that were on dock for loading, on
lighter, laden aboard an exporting or
reexporting carrier, or enroute aboard a
carrier to a port of export or reexport, on
August 30, 2018, pursuant to actual
orders for export or reexport to a foreign
destination, may proceed to that
destination under the previous
eligibility for a License Exception or
export or reexport without a license
(NLR) so long as they are exported or
reexported before October 1, 2018. Any
such items not actually exported or
reexported before midnight, on October
1, 2018, require a license in accordance
with this rule.
Export Control Reform Act of 2018
On August 13, 2018, the President
signed into law the John S. McCain
National Defense Authorization Act for
Fiscal Year 2019, which included the
Export Control Reform Act of 2018
(ECRA) (Title XVII, Subtitle B of Pub. L.
115–232) that provides the legal basis
for BIS’s principal authorities and
serves as the authority under which BIS
issues this rule. As set forth in Section
1768 of ECRA, all delegations, rules,
regulations, orders, determinations,
licenses, or other forms of
administrative action that have been
made, issued, conducted, or allowed to
become effective under the Export
Administration Act of 1979 (50 U.S.C.
4601 et seq.) (as in effect prior to August
13, 2018 and as continued in effect
pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et
seq.) and 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
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16:35 Aug 29, 2018
Jkt 244001
extended by the Notice of August 8,
2018, 83 FR 39871 (August 13, 2018)),
or the Export Administration
Regulations, and are in effect as of
August 13, 2018, shall continue in effect
according to their terms until modified,
superseded, set aside, or revoked under
the authority of ECRA.
Executive Order Requirements
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This final rule has been
designated a ‘‘significant regulatory
action’’ under Executive Order 12866.
The MTCR was formed in 1987 by the
U.S. and G–7 countries (Canada, France,
Germany, Italy, Japan, and the UK) to
address the increasing proliferation of
nuclear weapons by addressing the most
destabilizing delivery system for such
weapons. The MTCR seeks to limit the
risk of proliferation of weapons of mass
destruction by controlling exports of
goods and technologies that could make
a contribution to delivery systems (other
than manned aircraft) for such weapons.
The proliferation of such weapons has
been identified as a threat to domestic
and international peace and security.
Commerce estimates this rule will not
change the number of license requests
received by BIS annually.
This rule does not contain policies
with Federalism implications as that
term is defined under E.O. 13132.
For the purposes of E.O. 13771, this
rule is issued with respect to a national
security function of the United States.
The cost-benefit analysis indicates the
rule is intended to improve national
security as its primary direct benefit,
and the regulation qualifies for a good
cause exception under 5 U.S.C.
553(b)(B). Accordingly, this rule meets
the requirements set forth in the April
5, 2017, OMB guidance implementing
E.O 13771, and is, therefore, exempt
from the requirements of E.O. 13771.
Paperwork Reduction Act
Requirements
Notwithstanding any other provision
of law, no person may be required to
respond to or be subject to a penalty for
failure to comply with a collection of
information, subject to the requirements
of the Paperwork Reduction Act of 1995
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
(44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a
currently valid Office of Management
and Budget (OMB) Control Number.
This regulation involves a collection
currently approved by OMB under
control number 0694–0088, Simplified
Network Application Processing
System. This collection includes, among
other things, license applications, and
carries a burden estimate of 43.8
minutes for a manual or electronic
submission for a total burden estimate
of 31,833 hours. BIS expects the burden
hours associated with this collection to
increase slightly by ten hours for an
estimated cost increase of $378. This
increase is not expected to exceed the
existing estimates currently associated
with OMB control number 0694–0088.
Although this final rule makes
important changes to the EAR for items
controlled for missile technology
reasons, Commerce believes the overall
increase in costs and burdens due to
this rule will be minimal.
Any comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, may be sent to
Jasmeet K. Seehra, Office of
Management and Budget (OMB), by
email to Jasmeet_K._Seehra@
omb.eop.gov, or by fax to (202) 395–
7285.
Administrative Procedure Act and
Regulatory Flexibility Act
Requirements
The provisions of the Administrative
Procedure Act (APA) (5 U.S.C. 553)
requiring notice of proposed
rulemaking, the opportunity for public
participation, and a delay in effective
date, are inapplicable because this
action involves a military and foreign
affairs function of the United States (5
U.S.C. 553(a)(1)). Immediate
implementation of these amendments
fulfills the United States’ international
commitments to the MTCR. The MTCR
contributes to international peace and
security by promoting greater
responsibility in transfers of missile
technology items that could make a
contribution to delivery systems (other
than manned aircraft) for weapons of
mass destruction. The MTCR consists of
35 member countries acting on a
consensus basis. The changes discussed
in this rule implement agreements
reached at the October 2017 Plenary in
Dublin, Ireland, and the May 2017
Technical Experts Meeting in
Stockholm, Sweden. Since the United
States is a significant exporter of the
items discussed in this rule,
implementation of this provision is
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necessary for the MTCR to achieve its
purpose.
Although the APA requirements in
section 553 are not applicable to this
action under the provisions of
paragraph (a)(1), this action also falls
within two other exceptions in the
section. The subsection (b) requirement
that agencies publish a notice of
proposed rulemaking that includes
information on the public proceedings
does not apply when an agency for good
cause finds that the notice and public
procedures are impracticable,
unnecessary, or contrary to the public
interest, and the agency incorporates the
finding (and reasons therefor) in the rule
that is issued (5 U.S.C. 553(b)(B)). In
addition, the section 553(d) requirement
that publication of a rule shall be made
not less than 30 days before its effective
date can be waived if an agency finds
there is good cause to do so.
The section 553 requirements for
notice and public procedures and for a
delay in the date of effectiveness do not
apply to this rule, as there is good cause
to waive such practices. Delay in
implementation would be contrary to
the public interest because it would
disrupt the movement of these
potentially national and international
security threatening items globally,
creating disharmony between export
control measures implemented by
MTCR members. Export controls work
best when all countries implement the
same export controls in a timely
manner. Delaying this rulemaking
would prevent the United States from
fulfilling its commitment to the MTCR
in a timely manner, would injure the
credibility of the United States in this
and other multilateral regimes, and
could impair the international
community’s ability to effectively
control the export of certain potentially
national and international security
threatening items. Therefore, this
regulation is issued in final form, and is
effective August 30, 2018.
Further, no other law requires that a
notice of proposed rulemaking and an
opportunity for public comment be
given for this final rule. Because a
notice of proposed rulemaking and an
opportunity for public comment are not
required to be given for this rule under
the Administrative Procedure Act or by
any other law, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable. Accordingly, no
regulatory flexibility analysis is required
and none has been prepared.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping
requirements.
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16:35 Aug 29, 2018
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Accordingly, part 774 of the Export
Administration Regulations (15 CFR
parts 730–774) is amended as follows:
License Requirements
Reason for Control: MT, AT
PART 774—[AMENDED]
Control(s)
1. The authority citation for 15 CFR
part 774 is revised to read as follows:
44221
Country chart
(see Supp. No. 1 to
part 738)
■
Authority: Pub. L. 115–232, Title XVII,
Subtitle B. 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 8, 2018, 83 FR 39871
(August 13, 2018).
2. In Supplement No. 1 to part 774,
Category 1, revise Export Control
Classification Number (ECCN) 1B117 to
read as follows:
■
Supplement No. 1 to Part 774—The
Commerce Control List
*
*
*
*
*
1B117 Batch mixers having all of the
following (see List of Items Controlled),
and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor.
License Requirements
Reason for Control: MT, AT
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
AT Column 1
List of Items Controlled
Related Controls: See 1B115, 1B118, and
1B119.
Related Definitions: N/A
Items:
a. Capable of mixing under vacuum in the
range from zero to 13.326 kPa;
b. Capable of controlling the temperature of
the mixing chamber;
c. A total volumetric capacity of 110 liters
(30 gallons) or more; and
d. At least one ‘mixing/kneading shaft’
mounted off center.
Note to paragraph d: In 1B117.d. the term
‘mixing/kneading shaft’ does not refer to
deagglomerators or knife-spindles.
3. In Supplement No. 1 to part 774,
Category 1, revise ECCN 1B118 to read
as follows:
■
1B118 Continuous mixers having all of the
following (see List of Items Controlled),
and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor.
Frm 00049
Fmt 4700
Sfmt 4700
MT Column 1
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 1B115, 1B117, and
1B119.
Related Definitions: N/A
Items:
a. Capable of mixing under vacuum in the
range from zero to 13.326 kPa;
b. Capable of controlling the temperature of
the mixing chamber; and
c. Either of the following:
c.1. Two or more mixing/kneading shafts;
or
c.2. A single rotating and oscillating shaft
with kneading teeth/pins as well as kneading
teeth/pins inside the casing of the mixing
chamber.
4. In Supplement No. 1 to part 774,
Category 1, revise ECCN 1C111 to read
as follows:
■
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
LVS: N/A
GBS: N/A
CIV: N/A
PO 00000
MT applies to entire
entry.
AT applies to entire
entry.
1C111 Propellants and constituent
chemicals for propellants, other than
those specified in 1C011, as follows (see
List of Items Controlled).
License Requirements
Reason for Control: MT, NP, RS, AT
Control(s)
MT applies to entire
entry.
NP applies to
1C111.a.3.f only.
RS applies to
1C111.d.3 only.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
NP Column 1
RS Column 1
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: (1) See USML Category
V(e)(7) for controls on HTPB (hydroxyl
terminated polybutadiene) with a hydroxyl
functionality equal to or greater than 2.2
and less than or equal to 2.4, a hydroxyl
value of less than 0.77 meq/g, and a
viscosity at 30 °C of less than 47 poise
(CAS # 69102–90–5). (2) See USML
Category V(f)(3) for controls on ferrocene
derivatives, including butacene. (3) See
ECCN 1C608 for controls on oxidizers that
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are composed of fluorine and also other
halogens, oxygen, or nitrogen, except for
chlorine trifluoride, which is controlled
under this ECCN 1C111.a.3.f. (4) See ECCN
1C011.b for controls on boron and boron
alloys not controlled under this ECCN
1C111.a.2.b. (5) See USML Category
V(d)(10) for controls on Inhibited Red
Fuming Nitric Acid (IRFNA) (CAS 8007–
58–7).
Related Definitions: Particle size is the mean
particle diameter on a weight or volume
basis. Best industrial practices must be
used in sampling, and in determining
particle size, and the controls may not be
undermined by the addition of larger or
smaller sized material to shift the mean
diameter.
Items:
a. Propulsive substances:
a.1. Spherical or spheroidal aluminum
powder (C.A.S. 7429–90–5) in particle size of
less than 200 x 10¥6 m (200 mm) and an
aluminum content of 97% by weight or more,
if at least 10% of the total weight is made up
of particles of less than 63 mm, according to
ISO 2591–1:1988 or national equivalents.
Technical Note: A particle size of 63 mm
(ISO R–565) corresponds to 250 mesh (Tyler)
or 230 mesh (ASTM standard E–11).
a.2. Metal powders and alloys where at
least 90% of the total particles by particle
volume or weight are made up of particles of
less than 60 m (determined by measurement
techniques such as using a sieve, laser
diffraction or optical scanning), whether
spherical, atomized, spheroidal, flaked or
ground, as follows:
a.2.a. Consisting of 97% by weight or more
of any of the following:
a.2.a.1. Zirconium (C.A.S. #7440–67–7);
a.2.a.2. Beryllium (C.A.S. #7440–41–7); or
a.2.a.3. Magnesium (C.A.S. #7439–95–4);.
a.2.b. Boron or boron alloys with a boron
content of 85% or more by weight.
Technical Note: The natural content of
hafnium in the zirconium (typically 2% to
7%) is counted with the zirconium.
Note: In a multimodal particle distribution
(e.g., mixtures of different grain sizes) in
which one or more modes are controlled, the
entire powder mixture is controlled.
a.3. Oxidizer substances usable in liquid
propellant rocket engines, as follows:
a.3.a. Dinitrogen trioxide (CAS 10544–73–
7);
a.3.b. Nitrogen dioxide (CAS 10102–44–0)/
dinitrogen tetroxide (CAS
10544–72–6);
a.3.c. Dinitrogen pentoxide (CAS 10102–
03–1);
a.3.d. Mixed oxides of nitrogen (MON);
a.3.e. [RESERVED];
a.3.f. Chlorine trifluoride (ClF3).
Technical Note: Mixed oxides of nitrogen
(MON) are solutions of nitric oxide (NO) in
dinitrogen tetroxide/nitrogen dioxide (N2O4/
NO2) that can be used in missile systems.
There are a range of compositions that can be
denoted as MONi or MONij, where i and j are
integers representing the percentage of nitric
oxide in the mixture (e.g., MON3 contains
3% nitric oxide, MON25 25% nitric oxide.
An upper limit is MON40, 40% by weight).
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b. Polymeric substances:
b.1. Carboxy-terminated polybutadiene
(including carboxyl-terminated
polybutadiene) (CTPB);
b.2. Hydroxy-terminated polybutadiene
(including hydroxyl-terminated
polybutadiene) (HTPB) (CAS 69102–90–5),
except for hydroxyl-terminated
polybutadiene as specified in USML Category
V (see 22 CFR 121.1) (also see Related
Controls Note #1 for this ECCN);
b.3. Polybutadiene acrylic acid (PBAA);
b.4. Polybutadiene acrylic acid
acrylonitrile (PBAN) (CAS 25265–19–4/CAS
68891–50–9);
b.5. Polytetrahydrofuran polyethylene
glycol (TPEG).
Technical Note: Polytetrahydrofuran
polyethylene glycol (TPEG) is a block
copolymer of poly 1,4-Butanediol (CAS 110–
63–4) and polyethylene glycol (PEG) (CAS
25322–68–3).
c. Other propellant energetic materials,
additives, or agents:
c.1. [RESERVED]
c.2. Triethylene glycol dinitrate (TEGDN);
c.3. 2 Nitrodiphenylamine (2-NDPA);
c.4. Trimethylolethane trinitrate (TMETN);
c.5. Diethylene glycol dinitrate (DEGDN).
d. Hydrazine and derivatives as follows:
d.1. Hydrazine (C.A.S. #302–01–2) in
concentrations of 70% or more;
d.2. Monomethyl hydrazine (MMH) (C.A.S.
#60–34–4);
d.3. Symmetrical dimethyl hydrazine
(SDMH) (C.A.S. #540–73–8);
d.4. Unsymmetrical dimethyl hydrazine
(UDMH) (C.A.S. #57–14–7);
d.5. Trimethylhydrazine (C.A.S. #1741–01–
1);
d.6. Tetramethylhydrazine (C.A.S. #6415–
12–9);
d.7. N,N diallylhydrazine (CAS 5164–11–
4);
d.8. Allylhydrazine (C.A.S. #7422–78–8);
d.9. Ethylene dihydrazine (CAS 6068–98–
0);
d.10. Monomethylhydrazine dinitrate;
d.11. Unsymmetrical dimethylhydrazine
nitrate;
d.12. 1,1-Dimethylhydrazinium azide (CAS
227955–52–4)/1,2-Dimethylhydrazinium
azide (CAS 299177–50–7);
d.13. Hydrazinium azide (C.A.S. #14546–
44–2);
d.14. Hydrazinium dinitrate (CAS 13464–
98–7);
d.15. Diimido oxalic acid dihydrazine
(C.A.S. #3457–37–2);
d.16. 2-hydroxyethylhydrazine nitrate
(HEHN);
d.17. Hydrazinium diperchlorate (C.A.S.
#13812–39–0);
d.18. Methylhydrazine nitrate (MHN) (CAS
29674–96–2);
d.19. 1,1-Diethylhydrazine nitrate (DEHN)/
1,2-Diethylhydrazine nitrate (DEHN) (CAS
363453–17–2);
d.20. 3,6-dihydrazino tetrazine nitrate
(DHTN), also referred to as 1,4-dihydrazine
nitrate.
5. In Supplement No. 1 to part 774,
Category 1, revise ECCN 1C118 to read
as follows:
■
PO 00000
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Fmt 4700
Sfmt 4700
1C118 Titanium-stabilized duplex stainless
steel (Ti-DSS), having all of the
following characteristics (see List of
Items Controlled).
License Requirements
Reason for Control: MT, AT
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
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: N/A
Related Definitions: N/A
Items:
a. Having all of the following
characteristics:
a.1. Containing 17.0–23.0% by weight of
chromium and 4.5–7.0% by weight of nickel;
a.2. Having a titanium content of greater
than 0.10% by weight; and
a.3. A ferritic-austenitic microstructure
(also referred to as a two-phase
microstructure) of which at least 10% by
volume (according to ASTM E–1181–87 or
national equivalents) is austenite; and
b. Having any of the following forms:
b.1. Ingots or bars having a size of 100 mm
or more in each dimension;
b.2. Sheets having a width of 600 mm or
more and a thickness of 3 mm or less; or
b.3. Tubes having an outer diameter of 600
mm or more and a wall thickness of 3 mm
or less.
6. In Supplement No. 1 to part 774,
Category 2, revise ECCN 2B109 to read
as follows:
■
2B109 Flow-forming machines, other than
those controlled by 2B009, as follows
(see List of Items Controlled).
License Requirements
Reason for Control: MT, NP, AT
Control(s)
MT applies to entire
entry.
NP applies to items
controlled by this
entry that meet or
exceed the technical parameters in
2B209.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
NP Column 1
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
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List of Items Controlled
Related Controls: (1) See ECCN 2D101 for
‘‘software’’ for items controlled under this
entry. (2) See ECCNs 2E001
(‘‘development’’), 2E002 (‘‘production’’),
and 2E101 (‘‘use’’) for technology for items
controlled under this entry. (3) Also see
ECCNs 2B009 and 2B209.
Related Definitions: N/A
Items:
a. Flow-forming machines, usable in the
‘‘production’’ of propulsion components and
equipment (e.g., motor cases and interstages)
for ‘‘missiles’’, having all of the following:
a.1. Equipped with, or according to the
manufacturer’s technical specification are
capable of being equipped with, ‘‘numerical
control’’ units or a computer control, even
when not equipped with such units at
delivery; and
a.2. More than two axes which can be
coordinated simultaneously for ‘‘contouring
control.’’
b. ‘‘Specially designed’’ ‘‘parts’’ and
‘‘components’’ for flow-forming machines
controlled in 2B009 for MT reasons or
2B109.a.
Technical Note: 1. Machines combining
the function of spin-forming and flowforming are for the purpose of 2B109
regarded as flow-forming machines.
7. In Supplement No. 1 to part 774,
Category 2, revise ECCN 2B120 to read
as follows:
■
2B120 Motion simulators or rate tables
(equipment capable of simulating
motion), having all of the following
characteristics (see List of Items
Controlled).
MT applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
AT Column 1
amozie on DSK3GDR082PROD 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: (1) Rate tables not
controlled by 2B120 and providing the
characteristics of a positioning table are to
be evaluated according to 2B121. (2)
Equipment that has the characteristics
specified in 2B121, which also meets the
characteristics of 2B120 will be treated as
equipment specified in 2B120. (3) See also
2B008, 2B121, 7B101 and 7B994.
Related Definitions: N/A
Items:
a. Two or more axes;
b. Designed or modified to incorporate
sliprings or integrated non-contact devices
capable of transferring electrical power,
signal information, or both; and
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16:35 Aug 29, 2018
Jkt 244001
Note: 2B120 does not control rotary tables
designed or modified for machine tools or for
medical equipment. For controls on machine
tool rotary tables see 2B008.
8. In Supplement No. 1 to part 774,
Category 2, revise ECCN 2B121 to read
as follows:
■
2B121 Positioning tables (equipment
capable of precise rotary position in any
axis), other than those controlled in
2B120, having all the following
characteristics (See List of Items
Controlled).
License Requirements
Reason for Control: MT, AT
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
License Requirements
Reason for Control: MT, AT
Control(s)
c. Having any of the following
characteristics:
c.1. For any single axis having all of the
following:
c.1.a. Capable of rates of rotation of 400
degrees/s or more, or 30 degrees/s or less,
and
c.1.b. A rate resolution equal to or less than
6 degrees/s and an accuracy equal to or less
than 0.6 degrees/s; or
c.2. Having a worst-case rate stability equal
to or better (less) than plus or minus 0.05%
averaged over 10 degrees or more; or
c.3. A positioning ‘‘accuracy’’ equal to or
better than 5 arc-second.
Country chart
(see supp. No. 1 to
part 738)
MT Column 1
List of Items Controlled
Related Controls: (1) Equipment that has the
characteristics specified in 2B121, which
also meets the characteristics of 2B120 will
be treated as equipment specified in
2B120. (2) See also 2B008, 2B120, 7B101,
and 7B994.
Related Definitions: N/A
Items:
a. Two or more axes; and
b. A positioning ‘‘accuracy’’ equal to or
better than 5 arc-second.
Note: 2B121 does not control rotary tables
designed or modified for machine tools or for
medical equipment. For controls on machine
tool rotary tables see 2B008.
9. In Supplement No. 1 to part 774,
Category 2, revise ECCN 2B122 to read
as follows:
■
2B122 Centrifuges capable of imparting
accelerations greater than 100 g and
designed or modified to incorporate
sliprings or integrated non-contact
devices capable of transferring electrical
power, signal information, or both.
PO 00000
Frm 00051
Fmt 4700
License Requirements
Reason for Control: MT, AT
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
Sfmt 4700
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
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 also 7B101.
Related Definitions: N/A
Items:
The list of items controlled is contained in
the ECCN heading.
10. In Supplement No. 1 to part 774,
Category 6, revise ECCN 6A107 to read
as follows:
■
6A107 Gravity meters (gravimeters) or
gravity gradiometers, other than those
controlled by 6A007, designed or
modified for airborne or marine use, as
follows, (see List of Items Controlled)
and ‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor.
License Requirements
Reason for Control: MT, AT
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
44223
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
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 USML Category XII(d)
for certain gravity meters (gravimeters) or
gravity gradiometers subject to the ITAR.
See also ECCN 7A611.
Related Definitions: ‘Time to steady-state
registration’ (also referred to as the gravity
meter’s response time) is the time over
which the disturbing effects of platforminduced acceleration (high frequency
noise) are reduced.
Items:
a. Gravity meters having all the following:
a.1. A static or operational accuracy equal
to or less (better) than 0.7 milligal (mgal); and
a.2. A ‘time to steady-state registration’ of
two minutes or less.
b. Gravity gradiometers.
11. In Supplement No. 1 to part 774,
Category 7, revise ECCN 7A105 to read
as follows:
■
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7A105 Receiving equipment for ‘navigation
satellite systems’ designed or modified
for airborne applications and capable of
providing navigation information at
speeds in excess of 600 m/s (1,165
nautical mph), and ‘‘specially designed’’
‘‘parts’’ and ‘‘components’’ therefor.
License Requirements
MT applies to entire
entry.
AT applies to entire
entry.
13. In Supplement No. 1 to part 774,
Category 7, revise ECCN 7A116 to read
as follows:
■
Reason for Control: MT, AT
Control(s)
b. Azimuthal accuracy better (less) than 0.5
degrees rms at latitudes of +/¥80 degrees,
referenced to local magnetic field; and
c. Designed or modified to be integrated
with flight control and navigation systems.
Note: Flight control and navigation systems
in 7A107 include gyrostabilizers, automatic
pilots and inertial navigation systems.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
7A116 Flight control systems and ‘‘parts’’
and ‘‘components’’, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: MT, AT
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
MT applies to entire
entry.
AT applies to entire
entry.
List of Items Controlled
Related Controls: (1) See also 7A005 and
7A994. (2) See Categories XI and XV of the
U.S. Munitions List (22 CFR 121.1) for
controls on similar equipment ‘‘specially
designed’’ for defense articles.
Related Definitions: ‘Navigation satellite
systems’ include Global Navigation
Satellite Systems (GNSS; e.g., GPS,
GLONASS, Galileo or BeiDou) and
Regional Navigation Satellite Systems
(RNSS; e.g., NavIC, QZSS).
Items:
The list of items controlled is contained in
the ECCN heading.
12. In Supplement No. 1 to part 774,
Category 7, revise ECCN 7A107 to read
as follows:
■
7A107 Three axis magnetic heading
sensors having all of the following
characteristics (see List of Items
Controlled), and ‘‘specially designed’’
‘‘parts’’ and ‘‘components’’ therefor.
License Requirements
Reason for Control: MT, AT
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
AT Column 1
List Based License Exceptions (See Part 740
for a Description of All License Exceptions)
amozie on DSK3GDR082PROD with RULES
Control(s)
LVS: N/A
GBS: N/A
CIV: N/A
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
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: (1) See 9A610.r. and
9A610.s. for items designed or modified for
military UAVs. (2) See USML Category IV
for items ‘‘specially designed’’ for use in
rockets or missiles that are ‘‘subject to the
ITAR.’’
Related Definitions: N/A
Items:
a. Pneumatic, hydraulic, mechanical,
electro-optical, or electromechanical flight
control systems (including fly-by-wire and
fly-by-light systems) designed or modified for
UAVs capable of delivering at least 500
kilograms of payload to a range of at least 300
km, other than those controlled by either
USML paragraph VIII(a) or ECCN 9A610.a;
b. Attitude control equipment designed or
modified for UAVs capable of delivering at
least 500 kilograms of payload to a range of
at least 300 km, other than those controlled
by either USML paragraph VIII(a) or ECCN
9A610.a;
c. Flight control servo valves designed of
modified for the systems in 7A116.a. or
7A116.b, and designed or modified to operate
in a vibration environment greater than 10 g
rms over the entire range between 20Hz and
2 kHz.
Note: This entry includes the systems,
equipment and valves designed or modified
to enable operation of manned aircraft as
unmanned aerial vehicles.
List of Items Controlled
14. In Supplement No. 1 to part 774,
Category 9, revise ECCN 9A012 to read
as follows:
Related Controls: N/A
Related Definitions: N/A
Items:
a. Internal tilt compensation in pitch (+/
¥90 degrees) and roll (+/¥180 degrees) axes;
9A012 Non-military ‘‘Unmanned Aerial
Vehicles,’’ (‘‘UAVs’’), unmanned
‘‘airships’’, related equipment and
‘‘components’’, as follows (see List of
Items Controlled).
VerDate Sep<11>2014
■
16:35 Aug 29, 2018
Jkt 244001
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
License Requirements
Reason for Control: NS, MT, AT
Control(s)
NS applies to entire
entry.
MT applies to nonmilitary Unmanned
Aerial Vehicles
(UAVs) and Remotely Piloted Vehicles (RPVs) that
are capable of a
maximum range of
at least 300 kilometers (km), regardless of payload, and UAVs
that meet the requirements of
9A120.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
NS Column 1
MT Column 1
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 the U.S. Munitions List
Category VIII (22 CFR part 121). Also see
ECCN 9A610 and § 744.3 of the EAR.
Related Definitions: N/A
Items:
a. ‘‘UAVs’’ or unmanned ‘‘airships’’,
designed to have controlled flight out of the
direct ‘natural vision’ of the ‘operator’ and
having any of the following:
a.1. Having all of the following:
a.1.a. A maximum ‘endurance’ greater than
or equal to 30 minutes but less than 1 hour;
and
a.1.b. Designed to take-off and have stable
controlled flight in wind gusts equal to or
exceeding 46.3 km/h (25 knots); or
a.2. A maximum ‘endurance’ of 1 hour or
greater;
Technical Notes:
1. For the purposes of 9A012.a, ‘operator’
is a person who initiates or commands the
‘‘UAV’’ or unmanned ‘‘airship’’ flight.
2. For the purposes of 9A012.a, ‘endurance’
is to be calculated for ISA conditions (ISO
2533:1975) at sea level in zero wind.
3. For the purposes of 9A012.a, ‘natural
vision’ means unaided human sight, with or
without corrective lenses.
b. Related equipment and
‘‘components’’, as follows:
b.1 [Reserved]
b.2. [Reserved]
b.3. Equipment or ‘‘components’’
‘‘specially designed’’ to convert a
manned ‘‘aircraft’’ or a manned
‘‘airship’’ to a ‘‘UAV’’ or unmanned
‘‘airship’’, controlled by 9A012.a;
b.4. Air breathing reciprocating or
rotary internal combustion type engines,
‘‘specially designed’’ or modified to
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propel ‘‘UAVs’’ or unmanned
‘‘airships’’, at altitudes above 15,240
meters (50,000 feet).
■
16. In Supplement No. 1 to part 774,
Category 9, revise ECCN 9A115 to read
as follows:
15. In Supplement No. 1 to part 774,
Category 9, revise ECCN 9A101 to read
as follows:
9A115 Apparatus, devices and vehicles,
designed or modified for the transport,
handling, control, activation and
launching of rockets, missiles, and
unmanned aerial vehicles capable of
achieving a ‘‘range’’ equal to or greater
than 300 km.
■
9A101 Turbojet and turbofan engines,
other than those controlled by 9A001, as
follows (see List of Items Controlled).
License Requirements
Reason for Control: MT, AT
License Requirements
Reason for Control: MT, AT
Control(s)
MT applies to entire
entry.
AT applies to entire
entry.
Country chart
(see Supp. No. 1 to
part 738)
amozie on DSK3GDR082PROD with RULES
Country chart
(see Supp. No. 1 to
part 738)
MT Column 1
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: 9A101.b controls only
engines for non-military unmanned aerial
vehicles [UAVs] or remotely piloted
vehicles [RPVs], and does not control other
engines designed or modified for use in
‘‘missiles’’, which are ‘‘subject to the
ITAR’’ (see 22 CFR parts 120 through 130).
Related Definitions: N/A
Items:
a. Engines having all of the following
characteristics:
a.1. ‘Maximum thrust value’ greater than
400 N (achieved un-installed) excluding civil
certified engines with a maximum thrust
value greater than 8,890 N (achieved uninstalled);
a.2. Specific fuel consumption of 0.15 kg
N¥1 h¥1 or less (at maximum continuous
power at sea level static conditions using the
ICAO standard atmosphere);
a.3. ‘Dry weight’ less than 750 kg; and
a.4. ‘First –stage rotor diameter’ less than
1 m; or
Technical Notes:
1. ‘Maximum thrust value’ in 9A101.a.1 is
the manufacturer’s demonstrated maximum
thrust for the engine type un-installed at sea
level static conditions using the ICAO
standard atmosphere. The civil type certified
thrust value will be equal to or less than the
manufacturer’s demonstrated maximum
thrust for the engine type.
2. ‘Dry weight’ is the weight of the engine
without fluids (fuel, hydraulic fluid, oil, etc.)
and does not include the nacelle (housing).
3. ‘First-stage rotor diameter’ is the
diameter of the first rotating stage of the
engine, whether a fan or compressor,
measured at the leading edge of the blade
tips.
b. Engines designed or modified for use in
‘‘missiles’’ or UAVs with a range equal to or
greater than 300 km, regardless of thrust,
specific fuel consumption, ‘dry weight’ or
‘first-stage rotor diameter’.
VerDate Sep<11>2014
Control(s)
16:35 Aug 29, 2018
Jkt 244001
MT applies to entire
entry.
AT applies to entire
entry.
MT Column 1
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 the U.S. Munitions List
(22 CFR part 121). Also see ECCN 9A610.u.
Related Definitions: N/A
Items:
The list of items controlled is contained in
the ECCN heading.
17. In Supplement No. 1 to part 774,
Category, revise ECCN 9A515 to read as
follows:
■
9A515 ‘‘Spacecraft’’ and related
commodities, as follows (see List of
Items Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT
Control(s)
NS applies to entire
entry, except .e
and .y.
RS applies to entire
entry, except .e
and .y.
RS applies to
9A515.e.
PO 00000
Frm 00053
Fmt 4700
Country chart
(see Supp. No.1 to
part 738)
NS Column 1
RS Column 1
RS Column 2
Sfmt 4700
Control(s)
MT applies to microcircuits in 9A515.d
and 9A515.e.2
when ‘‘usable in’’
‘‘missiles’’ for protecting ‘‘missiles’’
against nuclear effects (e.g., Electromagnetic Pulse
(EMP), X-rays,
combined blast and
thermal effects).
MT also applies to
9A515.h when the
total impulse capacity is equal to or
greater than
8.41x10∧5 newton
seconds.
AT applies to entire
entry.
44225
Country chart
(see Supp. No.1 to
part 738)
MT Column 1
AT Column 1
License Requirement Note: The Commerce
Country Chart is not used for determining
license requirements for commodities
classified in ECCN 9A515.a.1, .a.2, .a.3, .a.4,
and .g. See § 742.6(a)(8), which specifies that
such commodities are subject to a worldwide
license requirement.
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 ‘‘spacecraft’’ in ECCN
9A515.a.1, .a.2, .a.3, or .a.4, or items in
9A515.g, unless determined by BIS to be
eligible for License Exception STA in
accordance with § 740.20(g) (License
Exception STA eligibility requests for
certain 9x515 and ‘‘600 series’’ items). (2)
License Exception STA may not be used if
the ‘‘spacecraft’’ controlled in ECCN
9A515.a.1, .a.2, .a.3, or .a.4 contains a
separable or removable propulsion system
enumerated in USML Category IV(d)(2) or
USML Category XV(e)(12) and designated
MT. (3) Paragraph (c)(2) of License
Exception STA (§ 740.20(c)(2) of the EAR)
may not be used for any item in 9A515.
List of Items Controlled
Related Controls: Spacecraft, launch vehicles
and related articles that are enumerated in
the USML, and technical data (including
‘‘software’’) directly related thereto, and all
services (including training) directly
related to the integration of any satellite or
spacecraft to a launch vehicle, including
both planning and onsite support, or
furnishing any assistance (including
training) in the launch failure analysis or
investigation for items in ECCN 9A515.a,
are ‘‘subject to the ITAR.’’ All other
‘‘spacecraft,’’ as enumerated below and
defined in § 772.1, are subject to the
controls of this ECCN. See also ECCNs
3A001, 3A002, 3A991, 3A992, 6A002,
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6A004, 6A008, and 6A998 for specific
‘‘space-qualified’’ items, 7A004 and 7A104
for star trackers, and 9A004 for the
International Space Station (ISS), the James
Webb Space Telescope (JWST), and
‘‘specially designed’’ ‘‘parts’’ and
‘‘components’’ therefor. See USML
Category XI(c) for controls on ‘‘Monolithic
Microwave Integrated Circuit’’ (‘‘MMIC’’)
amplifiers that are ‘‘specially designed’’ for
defense articles. See ECCN 9A610.g for
pressure suits used for high altitude
aircraft.
Related Definitions: ‘Microcircuit’ means a
device in which a number of passive or
active elements are considered as
indivisibly associated on or within a
continuous structure to perform the
function of a circuit.
Items:
‘‘Spacecraft’’ and other items described in
ECCN 9A515 remain subject to the EAR even
if exported, reexported, or transferred (incountry) with defense articles ‘‘subject to the
ITAR’’ integrated into and included therein
as integral parts of the item. In all other
cases, such defense articles are subject to the
ITAR. For example, a 9A515.a ‘‘spacecraft’’
remains ‘‘subject to the EAR’’ even when it
is exported, reexported, or transferred (incountry) with a ‘‘hosted payload’’ described
in USML Category XV(e)(17) incorporated
therein. In all other cases, a ‘‘hosted payload’’
performing a function described in USML
Category XV(a) always remains a USML item.
The removal of the defense article subject to
the ITAR from the spacecraft is a retransfer
under the ITAR and would require an ITAR
authorization, regardless of the CCL
authorization the spacecraft is exported
under. Additionally, transfer of technical
data regarding the defense article subject to
the ITAR integrated into the spacecraft would
require an ITAR authorization.
a. ‘‘Spacecraft,’’ including satellites, and
space vehicles, whether designated
developmental, experimental, research or
scientific, not enumerated in USML Category
XV or described in ECCN 9A004.u or .w, that:
a.1. Have electro-optical remote sensing
capabilities and having a clear aperture
greater than 0.35 meters, but less than or
equal to 0.50 meters;
a.2. Have remote sensing capabilities
beyond NIR (i.e., SWIR, MWIR, or LWIR);
a.3. Have radar remote sensing capabilities
(e.g., AESA, SAR, or ISAR) having a center
frequency equal to or greater than 1.0 GHz,
but less than 10.0 GHz and having a
bandwidth equal to or greater than 100 MHz,
but less than 300 MHz;
a.4. Provide space-based logistics,
assembly, or servicing of another
‘‘spacecraft’’; or
a.5. Are not described in ECCN 9A515.a.1,
.a.2, .a.3 or .a.4.
Note: ECCN 9A515.a includes commercial
communications satellites, remote sensing
satellites, planetary rovers, planetary and
interplanetary probes, and in-space habitats,
not identified in ECCN 9A004 or USML
Category XV(a).
b. Ground control systems and training
simulators ‘‘specially designed’’ for
telemetry, tracking, and control of the
VerDate Sep<11>2014
16:35 Aug 29, 2018
Jkt 244001
‘‘spacecraft’’ controlled in paragraphs
9A004.u or 9A515.a.
c. [Reserved]
d. Microelectronic circuits (e.g., integrated
circuits, microcircuits, or MOSFETs) and
discrete electronic components rated,
certified, or otherwise specified or described
as meeting or exceeding all the following
characteristics and that are ‘‘specially
designed’’ for defense articles, ‘‘600 series’’
items, or items controlled by ECCNs 9A004.v
or 9A515:
d.1. A total dose of 5 × 105 Rads (Si) (5 ×
103 Gy (Si));
d.2. A dose rate upset threshold of 5 × 108
Rads (Si)/sec (5 × 106 Gy (Si)/sec);
d.3. A neutron dose of 1 × 1014 n/cm2 (1
MeV equivalent);
d.4. An uncorrected single event upset
sensitivity of 1 × 10¥10 errors/bit/day or less,
for the CRE`ME–MC geosynchronous orbit,
Solar Minimum Environment for heavy ion
flux; and
d.5. An uncorrected single event upset
sensitivity of 1 × 10¥3 errors/part or less for
a fluence of 1 × 107 protons/cm2 for proton
energy greater than 50 MeV.
e. Microelectronic circuits (e.g., integrated
circuits, microcircuits, or MOSFETs) and
discrete electronic components that are rated,
certified, or otherwise specified or described
as meeting or exceeding the characteristics in
either paragraph e.1 or e.2, AND ‘‘specially
designed’’ for defense articles controlled by
USML Category XV or items controlled by
ECCNs 9A004.u or 9A515:
e.1. A total dose ≥1 × 105 Rads (Si) (1 × 103
Gy(Si)) and <5 × 105 Rads (Si) (5 × 103
Gy(Si)); and a single event effect (SEE) (i.e.,
single event latchup (SEL), single event
burnout (SEB), or single event gate rupture
(SEGR)) immunity to a linear energy transfer
(LET) ≥80 MeV¥cm2/mg; or
e.2. A total dose ≥ 5 × 105 Rads (Si) (5 ×
103 Gy (Si)) and not described in 9A515.d.
Note 1 to 9A515.d and .e: Application
specific integrated circuits (ASICs),
integrated circuits developed and produced
for a specific application or function,
specifically designed or modified for defense
articles and not in normal commercial use
are controlled by Category XI(c) of the USML
regardless of characteristics.
Note 2 to 9A515.d and .e: See 3A001.a for
controls on radiation-hardened
microelectronic circuits ‘‘subject to the EAR’’
that are not controlled by 9A515.d or
9A515.e
f. Pressure suits (i.e., space suits) capable
of operating at altitudes 55,000 feet above sea
level.
g. Remote sensing components ‘‘specially
designed’’ for ‘‘spacecraft’’ described in
ECCNs 9A515.a.1 through 9A515.a.4 as
follows:
g.1. Space-qualified optics (i.e., lens,
mirror, membrane having active properties
(e.g., adaptive, deformable)) with the largest
lateral clear aperture dimension equal to or
less than 0.35 meters; or with the largest clear
aperture dimension greater than 0.35 meters
but less than or equal to 0.50 meters;
g.2. Optical bench assemblies ‘‘specially
designed’’ for ECCN 9A515.a.1, 9A515.a.2,
9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or
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g.3. Primary, secondary, or hosted payloads
that perform a function of ECCN 9A515.a.1,
9A515.a.2, 9A515.a.3, or 9A515.a.4
‘‘spacecraft.’’
h. Spacecraft thrusters using bi-propellants
or mono-propellants that provide thrust
equal to or less than 150 lbf (i.e., 667.23 N)
vacuum thrust.
i. through w. [RESERVED]
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
and ‘‘attachments’’ that are ‘‘specially
designed’’ for defense articles controlled by
USML Category XV or items controlled by
9A515, and that are NOT:
x.1. Enumerated or controlled in the USML
or elsewhere within ECCNs 9A515 or 9A004;
x.2. Microelectronic circuits and discrete
electronic components;
x.3. Described in ECCNs 7A004 or 7A104;
x.4. Described in an ECCN containing
‘‘space-qualified’’ as a control criterion (i.e.,
3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o,
3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1,
6A004.c and .d, 6A008.j.1, 6A998.b, or
7A003.d.2);
x.5. Microwave solid state amplifiers and
microwave assemblies (refer to ECCN
3A001.b.4 for controls on these items);
x.6. Travelling wave tube amplifiers (refer
to ECCN 3A001.b.8 for controls on these
items); or
x.7. Elsewhere specified in ECCN 9A515.y.
Note to 9A515.x: ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments’’ specified
in USML subcategory XV(e) or enumerated in
other USML categories are subject to the
controls of that paragraph or category.
y. Items that would otherwise be within
the scope of ECCN 9A515.x but that have
been identified in an interagency-cleared
commodity classification (CCATS) pursuant
to § 748.3(e) as warranting control in
9A515.y.
y.1. Discrete electronic components not
specified in 9A515.e;
y.2. Space grade or for spacecraft
applications thermistors;
y.3. Space grade or for spacecraft
applications RF microwave bandpass ceramic
filters (Dielectric Resonator Bandpass
Filters);
y.4. Space grade or for spacecraft
applications hall effect sensors;
y.5. Space grade or for spacecraft
applications subminiature (SMA and SMP)
plugs and connectors, TNC plugs and cable
and connector assemblies with SMA plugs
and connectors; and
y.6. Space grade or for spacecraft
applications flight cable assemblies.
18. In Supplement No. 1 to part 774,
Category 9, revise ECCN 9A610 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
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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.
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)
NS Column 1
RS Column 1
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
amozie on DSK3GDR082PROD 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 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 ‘‘600 series’’ end
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.
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
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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
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Sfmt 4700
44227
UAVs 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 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 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
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.1. 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
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.1: 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 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.
w.2. Flight control servo valves designed or
modified for the systems in 9A610.w.1. and
designed or modified to operate in a
vibration environment greater than 10g rms
over the entire range between 20Hz and 2
kHz.
Note to paragraph .w: Paragraphs
9A610.w.1. and 9A610.w.2. include the
systems, equipment and valves designed or
modified to enable operation of manned
aircraft as unmanned aerial vehicles.
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;
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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;
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: August 24, 2018.
Richard E. Ashooh,
Assistant Secretary for Export
Administration.
[FR Doc. 2018–18849 Filed 8–29–18; 8:45 am]
BILLING CODE 3510–33–P
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16:35 Aug 29, 2018
Jkt 244001
DEPARTMENT OF STATE
22 CFR Part 121
[Public Notice: 10486]
RIN 1400–AE70
Continued Temporary Modification of
Category XI of the United States
Munitions List
Department of State.
Final rule; notice of temporary
modification.
AGENCY:
ACTION:
The Department of State,
pursuant to its regulations and in the
interest of the security of the United
States, temporarily modifies paragraph
(b) in Category XI of the United States
Munitions List (USML).
DATES: Amendatory instructions 1 and 2
are effective August 30, 2018.
Amendatory instruction No. 3 is
effective August 30, 2019.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Monjay, Office of Defense Trade
Controls Policy, Department of State,
telephone (202) 663–2817; email
monjayr@state.gov. ATTN: Temporary
Modification of Category XI.
SUPPLEMENTARY INFORMATION: On July 1,
2014, the Department published a final
rule revising Category XI of the USML,
79 FR 37536, effective December 30,
2014. That final rule, consistent with
the two prior proposed rules for USML
Category XI (78 FR 45018, July 25, 2013
and 77 FR 70958, November 28, 2012),
revised paragraph (b) of Category XI to
clarify the extent of control and
maintain the existing scope of control
on items described in paragraph (b) and
the directly related software described
in paragraph (d).
The Department later determined that
exporters may read the revised control
language to exclude certain intelligenceanalytics software that has been and
remains controlled on the USML.
Therefore, the Department determined
that it was in the interest of the security
of the United States to temporarily
revise USML Category XI paragraph (b),
pursuant to the provisions of § 126.2,
while a long-term solution was
developed. The Department published a
final rule on July 2, 2015 (80 FR 37974)
that temporarily modified USML
Category XI(b) until December 29, 2015.
The Department published a final rule
on December 16, 2015 (80 FR 78130)
that continued the July 2, 2015
modification to August 30, 2017. The
Department published a final rule on
August 30, 2017 (82 FR 41172) that
continued the December 16, 2015
modification to August 30, 2018.
SUMMARY:
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The temporary revision clarified that
the scope of control in existence prior
to December 30, 2014 for USML
paragraph (b) and directly related
software in paragraph (d) remains in
effect. This clarification is achieved by
reinserting the words ‘‘analyze and
produce information from’’ and by
adding software to the description of
items controlled.
The Department, with its interagency
partners, continues to develop a long
term solution for USML Category XI(b).
However, that solution will not be in
place when the current temporary
modification expires on August 30,
2018. Therefore, the Department has
determined, for the national security
and foreign policy of the United States
and in the best interest of the U.S.
defense industry, to publish a final rule
that extends the temporary modification
of USML XI(b) for one year, to August
30, 2019, to allow it to be revised as part
of the wholesale revision of USML
Category XI. On February 12, 2018, the
Department published a Notice of
Inquiry (83 FR 5970) requesting public
comment on USML Categories V, X and
XI. The Department and the interagency
are reviewing the public comments
submitted in response, and the
Department is drafting a proposed rule
setting out revised versions of the three
categories for public comment.
Extending the temporary revisions of
USML Category XI(b) now will allow
the U.S. government to finalize its
review of USML Category XI, with
rulemaking to follow, to include any
further modifications to USML Category
XI paragraph (b) as may be warranted.
Regulatory Findings
Administrative Procedure Act
This rulemaking is exempt from
section 553 (Rulemaking) and
section 554 (Adjudications) of the
Administrative Procedure Act (APA)
pursuant to 5 U.S.C. 553(a)(1) as a
military or foreign affairs function of the
United States Government.
Regulatory Flexibility Act
Since the Department is of the
opinion that this rule is exempt from the
provisions of 5 U.S.C. 553, there is no
requirement for an analysis under the
Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not involve a
mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any year and it will not significantly
or uniquely affect small governments.
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]]>Agencies
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)]
[Rules and Regulations]
[Pages 44216-44228]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18849]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Part 774
[Docket No. 170906871-7871-01]
RIN 0694-AH46
Revisions to the Export Administration Regulations Based on the
2017 Missile Technology Control Regime Plenary Agreements
AGENCY: Bureau of Industry and Security, Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were agreed to by
MTCR member countries at the October 2017 Plenary in Dublin, Ireland,
and the May 2017 Technical Experts Meeting (TEM) in Stockholm, Sweden.
This final rule revises seventeen Export Control Classification Numbers
(ECCNs) to implement the changes that were agreed to at the meetings
and to better align the missile technology (MT) controls on the
Commerce Control List (CCL) with the MTCR Annex.
DATES: This rule is effective August 30, 2018.
FOR FURTHER INFORMATION CONTACT: Sharon Bragonje, Nuclear and Missile
Technology Controls Division, Bureau of Industry and Security, Phone:
(202) 482-0434; Email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Missile Technology Control Regime (MTCR or Regime) is an export
control arrangement among 35 nations, including most of the world's
suppliers of advanced missiles and missile-related equipment,
materials, software and technology. The regime establishes a common
list of controlled items (the Annex) and a common export control policy
(the Guidelines) that member countries implement in accordance with
their national export controls. The MTCR seeks to limit the risk of
proliferation of weapons of mass destruction by controlling exports of
goods and technologies that could make a contribution to delivery
systems (other than manned aircraft) for such weapons.
In 1993, the MTCR's original focus on missiles for nuclear weapons
delivery was expanded to include the proliferation of missiles for the
delivery of all types of weapons of mass destruction (WMD), i.e.,
nuclear, chemical and biological weapons. Such proliferation has been
identified as a threat to international peace and security. One way to
address this threat is to maintain vigilance over the transfer of
missile equipment, material, and related technologies usable for
systems capable of delivering WMD. MTCR members voluntarily pledge to
adopt the Regime's export Guidelines and to restrict the export of
items contained in the Regime's Annex. The Regime's Guidelines are
implemented through the national export control laws, regulations and
policies of the regime members.
Amendments to the Export Administration Regulations (EAR)
This final rule revises the Export Administration Regulations (EAR)
to reflect changes to the MTCR Annex agreed to at the October 2017
Plenary in Dublin, Ireland, and changes resulting from the May 2017
Technical Experts Meeting (TEM) in Stockholm, Sweden. References are
provided below for the MTCR Annex changes agreed to at the meetings
that correspond to the EAR revisions described below. This rule also
makes changes to the Commerce Control List (CCL) (Supplement No. 1 to
part 774 of the EAR) to conform with the MTCR Annex. All of the changes
in this final rule align the MT controls on the CCL with the MTCR
Annex. In the discussion below, BIS identifies the origin of each
change in the regulatory text of this final rule by using one the
following parenthetical phrases: (Dublin 2017 Plenary), (Stockholm 2017
TEM), or (Changes to Align with MTCR Annex).
Amendments to the Commerce Control List (CCL)
This final rule amends the CCL to reflect changes to the MTCR Annex
by amending seventeen ECCNs, as follows:
ECCN 1B117. This final rule amends ECCN 1B117 by revising the
heading to remove the criteria for which ``batch mixers'' are
controlled under this entry and moves the criteria to the new ``items''
paragraphs a and b in the List of Items Controlled section. This final
rule, as a conforming change, redesignates existing ``items''
paragraphs a and b as paragraphs c and d (including redesignating the
Note to paragraph b as Note to paragraph d), respectively, so that all
criteria that identify ``batch mixers'' that are controlled under ECCN
1B117 are in the List of Items Controlled section. These changes
involving the rearranging of the existing text are being made for
clarity and consistency within the MTCR Annex (MTCR Annex Change,
Category II: Item 4.B.3., Dublin 2017 Plenary). These changes are not
expected to have any impact on the number of license applications
received by BIS.
ECCN 1B118. This final rule amends ECCN 1B118 by revising the
heading to remove the criteria for which ``continuous mixers'' are
controlled under 1B118 and adds those criteria to the ``items''
paragraph in the List of Items Controlled section. This final rule
revises ``items'' paragraphs a and b to include the control criteria
that identify certain ``continuous mixers'' that are controlled under
ECCN 1B118. This final rule, as a conforming change, also redesignates
existing ``items'' paragraph b as paragraph c, which includes criteria
that identify other ``continuous mixers'' that are controlled under
ECCN 1B118. The changes to paragraph b, which this rule redesignates as
``items'' paragraph c.2, include making minor edits for clarity of the
control parameters to more clearly identify the shafts controlled (MTCR
Annex Change, Category II: Item 4.B.3.a., Dublin 2017 Plenary). These
changes involving the rearranging of the existing text are being made
for clarity and consistency within the MTCR Annex. These changes are
not expected to have any impact on the number of license applications
received by BIS.
ECCN 1C111. This final rule amends ECCN 1C111 by revising ``items''
paragraph a.1 in the List of Items Controlled section. In ``items''
paragraph a.1, this final rule removes the word ``percent'' and adds in
its place the ``%'' sign in the phrase ``if at least 10 percent of the
total weight.'' This change is being made for consistency with the MTCR
Annex (Changes to Align with MTCR Annex). This is a clarification and
will not change any scope of control. This change is not expected to
have any impact on the number of license applications received by BIS.
[[Page 44217]]
ECCN 1C118. This final rule amends ECCN 1C118 by revising ``items''
paragraphs a.1, a.2, and a.3 in the List of Items Controlled section.
In ``items'' paragraphs a.1 and a.2, this final rule removes the phrase
``weight percent'' and adds in its place the phrase ``% by weight.'' In
``items'' paragraph a.3, this final rule removes the phrase ``percent
is austenite'' and adds in its place the ``%'' sign and for clarity
moves the phrase ``is austenite'' to the end of the paragraph. These
changes involving the rearranging of the existing text are being made
for clarity and consistency with the MTCR Annex (MTCR Annex Change,
Category II: Item 6.C.9., Dublin 2017 Plenary). This is a clarification
and will not change any scope of control. These changes are not
expected to have any impact on the number of license applications
received by BIS.
ECCN 2B109. This final rule amends ECCN 2B109 by revising the
heading, revising ``items'' paragraphs a and b in the List of Items
Controlled section, and removing Technical Note 2 in the List of Items
Controlled section. This final rule revises the introductory text of
``items'' paragraph a to incorporate the text from Technical Note 2
into the paragraph, creating positive and specific control text to
identify the types of ``flow-forming machines'' that are controlled
under ECCN 2B109. Only ``flow-forming machines'' that are usable in the
``production'' of propulsion components and equipment (e.g., motor
cases and interstages) for ``missiles'' will be controlled under ECCN
2B109. This rule includes a parenthetical phrase to provide two
examples of the types of propulsion components and equipment being
referenced in ECCN 2B109.a. This final rule also revises ``items''
paragraphs a.1 and a.2 to make minor clarifications in the control
parameters. This final rule revises ``items'' paragraph a.1 to add the
phrase ``equipped with or'' according to the manufacturer's technical
specification, and removes the phrase ``can be'' and adds in its places
the phrase ``capable of being'' equipped. This final rule removes the
word ``have'' from the beginning of ``items'' paragraph a.2 because the
introductory text of paragraph a already includes this word, so it is
redundant in a.2. The final rule removes Technical Note 2 because the
substance of this technical note is added to ``items'' paragraph a,
which means the technical note is no longer needed. This final rule
rewords the substance of Technical Note 2 added to the introductory
text of ``items'' paragraph a for clarity and to remove the double
negative (MTCR Annex Change, Category II: Item 3.B.3., Dublin 2017
Plenary).
In ECCN 2B109, this final rule revises the heading by removing the
phrase ``and ``specially designed'' ``parts'' and ``components''
therefor.'' As a conforming change this final rule revises ``items''
paragraph b to add ``parts'' to the scope of this paragraph. These
changes to the heading and ``items'' paragraph b do not change the
scope of the ECCN, but rather clarify the intended scope of ECCN 2B109.
This final rule corrects ``items'' paragraph b, so that an MT control
on ``parts'' and ``components'' applies only to 2B009 machines that are
controlled for MT reasons. The control text in the heading referring to
``parts'' and ``components'' is not needed, provided conforming edits
were made to add ``parts'' to the scope of ``items'' paragraph b, which
controlled ``components'' prior to publication of this final rule. This
final rule also revises the heading to add the phrase ``as follows (see
List of Items Controlled)'' to reflect that this ECCN includes an
``items'' paragraph (Changes to Align with MTCR Annex). These changes
are not expected to have any impact on the number of license
applications received by BIS.
ECCN 2B120. This final rule amends the heading of ECCN 2B120 by
revising ``items'' paragraph a in the List of Items Controlled section
to move the phrase ``or more'' to precede the term ``axes.'' The phrase
``two or more axes'' is clearer and more consistent within the MTCR
Annex. The motion simulators and rate tables controlled under ``items''
paragraph a are those with two or more axes (MTCR Annex Change,
Category I: Item 9.B.2.c, Dublin 2017 Plenary). These changes are not
expected to have any impact on the number of license applications
received by BIS.
ECCN 2B121. Similar to the change described above to ECCN 2B120,
this final rule amends ECCN 2B121 by revising ``items'' paragraph a in
the List of Items Controlled section to move the phrase ``or more'' to
precede the term ``axes.'' The phrase ``two or more axes'' is clearer
and more consistent within the MTCR Annex. The positioning tables
controlled under ``items'' paragraph a are those with two or more axes
(MTCR Annex Change, Category II: Item 9.B.2.d., Dublin 2017 Plenary).
These changes are not expected to have any impact on the number of
license applications received by BIS.
ECCN 2B122. This final rule amends ECCN 2B122 by revising the
heading to remove the word ``above'' and add in its place the phrase
``greater than'' to clarify that centrifuges capable of imparting
accelerations ``greater than'' 100 g are those that meet this portion
of the control parameter. The word ``above'' also conveys the same
meaning, but the phrase ``greater than'' is clearer and more consistent
within the MTCR Annex (MTCR Annex Change, Category II: Item 9.B.2.e.,
Dublin 2017 Plenary). These changes are not expected to have any impact
on the number of license applications received by BIS.
ECCN 6A107. This final rule amends ECCN 6A107 by adding a
definition of 'Time to steady-state registration' to the Related
Definitions paragraph in the List of Items Controlled section. As a
conforming change, this final rule also revises the ``items'' paragraph
a.2 in the List of Items Controlled section of ECCN 6A107 to add single
quotation marks around the term 'time to steady-state registration' to
indicate the term is defined for purposes of this ECCN under the
Related Definitions paragraph (MTCR Annex Change, Category II: Item
12.A.3.a.2. Technical Note, Stockholm 2017 TEM). These changes are not
expected to have any impact on the number of license applications
received by BIS.
ECCN 7A105. This final rule amends ECCN 7A105 by revising the
heading and the Related Definitions paragraph. This final rule revises
the heading of ECCN 7A105 to remove the phrase ``Global Navigation
Satellite Systems (GNSS),'' including the parenthetical phrase with
examples of GNSS, and adds in its place the term 'navigation satellite
systems.' This final rule amends ECCN 7A105 by adding a definition of
'Navigation satellite systems' to the Related Definitions paragraph in
the List of Items Controlled section to define this term for purposes
of this ECCN. The new definition of 'navigation satellite systems'
specifies that these systems include global navigation satellite
systems (GNSS) and regional navigation satellite systems (RNSS) and
provides an illustrative list of such (GNSS, RNSS) systems (MTCR Annex
Change, Category II: Item 11.A.3., Stockholm 2017 TEM and Dublin 2017
Plenary). These changes to ECCN 7A105 are being made in this final rule
because the MTCR Annex entry that addresses receiving equipment for
navigation satellite systems has been expanded to include regional
navigation satellite systems, as well as listing the Chinese system
``BeiDou'' in the examples of GNSS. To accomplish this, as described
above, this final rule in ECCN 7A105 adds a local definition of
'navigation satellite systems,' with expanded examples, to the Related
Definitions paragraph in the List of Items Controlled. ECCN 7A105 does
not
[[Page 44218]]
encompass all of the commodities specified under the MTCR Annex,
Category II, Item 11.A.3 entry, because some of those commodities are
``subject to the ITAR.'' The existing Related Controls paragraph (2) in
ECCN 7A105, as well as the Commerce Control List Order of Review in
Supplement No. 4 to part 774 of the EAR already provides guidance on
this, so no additional changes are needed in this rule to address that
issue. This change is expected to result in an increase of one or fewer
applications received annually by BIS, because of the generally low
number of such items exported.
ECCN 7A107. This final rule amends ECCN 7A107 by revising ``items''
paragraph b in the List of Items Controlled section by removing the
phrase ``capable of providing'' at the beginning of the paragraph. The
phrase is not needed in order to convey the meaning of the control
parameter and removing the phrase makes the control parameter text more
precise. This change is made to conform to this MTCR Annex change. ECCN
7A107.a already reflects changes made in the MTCR Annex, and therefore,
that ``items'' paragraph a did not need to be amended in this final
rule (MTCR Annex Change, Category II: Item 9.A.8., Dublin 2017
Plenary). This is a clarification and will not change any scope of
control. This change is not expected to have any impact on the number
of license applications received by BIS.
ECCN 7A116. This final rule amends ECCN 7A116 by revising the
heading; and adding a License Requirements section, License Exceptions
section and List of Items Controlled section (MTCR Annex Change,
Category II: Item 10.A., Notes, Dublin 2017 Plenary; and Changes to
Align with MTCR Annex). This final rule, in order to fully reflect the
commodities specified in the MTCR Annex, Category II: Item 10.A.,
revises ECCN 7A116 to control items that are not ``subject to the
ITAR,'' but that would otherwise meet the description of items in the
MTCR Annex, Category II: Item 10.A and the new control parameters this
final rule adds to ECCN 7A116.
This final rule does this by revising the heading, which includes
removing the parenthetical phrase that stated that all items in the
heading were ``subject to the ITAR.'' As a conforming change, this
final rule adds a Related Controls paragraph (2) to alert people to see
United States Munitions List (USML) Category IV for items ``specially
designed'' for use in rockets or missiles that are ``subject to the
ITAR.'' This final rule also adds a Related Controls paragraph (1) to
direct people to also see ECCNs 9A610.r and .s for items designated or
modified for military UAVs. This final rule adds a license requirement
for MT 1 and AT 1 for these commodities that this rule controls under
ECCN 7A116.
This final rule adds ``items'' paragraphs a, b, and c to specify
the commodities controlled under ECCN 7A116. This final rule, as
described below in the changes this final rule makes to ECCN 9A012,
removes the control parameters in ``items'' paragraph 9A012.b.5 and
adds (moves) those to ECCN 7A116. These changes are appropriate because
there are no similar controls in the Wassenaar Arrangement for these
commodities that are specified on the MTCR Annex, and under the
Commerce Control List Order of Review these items will be appropriately
controlled under ECCN 7A116. The commodities this rule moves from
9A012.b.5 will no longer be controlled for national security (NS)
reasons, but the commodities will be MT controlled. This final rule
also adds a note at the end of the ``items'' paragraph in the List of
Items Controlled section of ECCN 7A116 to specify that systems,
equipment and valves designed or modified to enable operation of manned
aircraft as unmanned aerial vehicles are included within the scope of
this ECCN.
These changes are not expected to have any impact on the number of
license applications received by BIS, because this equipment is not
widely used or exported.
ECCN 9A012. This final rule amends ECCN 9A012 by revising the
``MT'' paragraph in the table in the License Requirements section and
removing the ``items'' paragraph b.5 in the List of Items Controlled
section. This final rule revises the MT controls paragraph to remove
the term ``Air'' and add in its place ``Aerial'' in the term ``Unmanned
Aerial Vehicles (UAVs).'' This change is made to conform to the MTCR
Annex and other references in the EAR to UAVs. As a conforming change
for the movement of commodities classified in 9A012.b.5, as described
above for the changes this final rule makes to ECCN 7A116, this final
rule revises the MT controls paragraph in ECCN 9A012 to remove the
reference to ``9A012.b'' and add a reference in its place to ECCN
9A120. This final rule also revises the reasons for control in ECCN
9A012 to close a potential gap in the MT controls. If a UAV meets the
requirements of ECCN 9A120, it would be controlled for MT reasons.
However, as the text was written prior to publication of this final
rule, if such a UAV met the requirements of 9A012.a, but did not have
the range of 300 km, it would be controlled by 9A012.a and the MT
control would no longer apply.
For the reasons discussed above regarding the changes to ECCN
7A116, this final rule makes a conforming change to remove ``items''
paragraph b.5 from the List of Items Controlled because these
commodities will be controlled under ECCN 7A116 (MTCR Annex Change,
Category II: Item 10.A., Notes, Dublin 2017 Plenary). These changes are
expected to result in an increase of 1 or fewer applications received
annually by BIS, because these are clarifying changes and reflects the
current interpretation for where these commodities should be controlled
under the EAR.
ECCN 9A101. This final rule amends ECCN 9A101 by revising the
Related Definitions paragraph, revising ``items'' paragraph a, adding
new ``items'' paragraphs a.3 and a.4, and revising ``items'' paragraph
b in the List of Items Controlled section. These changes are being made
to this entry to limit the control to those engines that are most
likely to be used on MTCR controlled cruise missiles and unmanned
aerial vehicles, and to remove controls from larger engines that are
unlikely to be used on such systems. While larger civil certified
engines were already excluded from control under ECCN 9A101, they were
still controlled under ECCN 9A101 prior to completing the civil
certification process (MTCR Annex Change, Category II: Item 3.A.1.a.,
Stockholm 2017 TEM).
This final rule revises the Related Definitions paragraph by
removing the definition of 'maximum thrust value' and adding this
definition as part of three new Technical Notes this final rule adds to
``items'' paragraph a in the List of Items Controlled section of ECCN
9A101. This final rule adds the definition of 'maximum thrust value' as
Technical Note 1 and adds the phrase ``at sea level static conditions
using ICAO standard atmosphere'' to the technical note to add greater
specificity on the conditions under which the measurement needs to be
taken for purposes of ECCN 9A101. This final rule also adds two new
technical notes to ``items'' paragraph a; one for 'dry weight'
(Technical Note 2) and a second for 'first-stage rotor diameter'
(Technical Note 3). The definition of 'dry weight' in Technical Note 2
provides the criteria for what needs to be included in the measurement
and specifies that the measurement should not include the nacelle
(housing). The definition of 'first-stage rotor diameter' in Technical
Note 3, will provide guidance on how
[[Page 44219]]
to measure the diameter of the first rotating stage of the engine.
The final rule revises the introductory text of ``items'' paragraph
a to remove the word ``both'' and add in its place the word ``all.''
This is a conforming change because this rule adds new ``items''
paragraphs a.3 and a.4, and in order to be controlled under ECCN
9A101.a, the engine needs to meet all of the criteria in paragraphs a.1
to a.4. This final rule adds new ``items'' paragraphs a.3 and a.4, to
include the criterion of 'dry weight' less than 750 kg as part of the
criteria that need to be met for an engine to be controlled under ECCN
9A101.a. This final rule also adds a new ``items'' paragraph a.4 to
include the criterion of the ```first-stage rotor diameter' less than 1
m'' as part of the criteria that need to be met for an engine to be
controlled under ECCN 9A101.a. This final rule also revises ``items''
paragraph b, which functions as a catch-all for purposes of this ECCN
for engines designed or modified for use in ``missiles'' or UAVs with a
range equal to or greater than 300 km, to specify paragraph b is not
limited by the 'dry weight' or the 'first-stage rotor diameter' of the
engine. This final rule also revises paragraph b to add the phrase ``or
UAVs with a range equal to or greater than 300 km'' after the term
``missiles.'' The change to add the phrase ``UAVs with a range equal to
or greater than 300 km'' is being made for consistency with the MTCR
Annex (Changes to Align with MTCR Annex).
These changes are expected to result in a decrease of no more than
1 to 3 applications received annually by BIS.
ECCN 9A115. This final rule amends ECCN 9A115 by revising the
heading; and adding a License Requirements section, License Exceptions
section and List of Items Controlled section (Changes to Align with
MTCR Annex). This final rule also revises the heading of ECCN 9A115 by
removing the parenthetical phrase at the end of the heading that
references items controlled in ECCN 9A610 and others that are ``subject
to the ITAR.'' The parenthetical phrase was added to ECCN 9A115 in a
November 21, 2016 final rule (81 FR 83124). This final rule retains
this cross reference between the USML and the CCL, but moves the
substance of this text from the heading of ECCN 9A115 to the new
Related Controls paragraph added by this rule to the License
Requirements section of 9A115. The other changes this final rule makes
to ECCN 9A115 are needed because some of the commodities described in
the heading of ECCN 9A115 are neither ``subject to the ITAR'' nor
controlled in ECCN 9A610.u, but would otherwise meet the control
parameters in the heading of ECCN 9A115. Consistent with the CCL Order
of Review (See Supplement 4 to part 774), and to align with the MTCR
Annex, this rule makes it clear that such commodities are controlled
under 9A115. These changes are expected to result in an increase of 1
or fewer applications received annually by BIS, due to the low volume
of such items exported.
ECCN 9A515. This final rule amends ECCN 9A515 by adding a new
``items'' paragraph h to control spacecraft thrusters for MT reasons.
This final rule also revises the ``MT'' paragraph in the table in the
License Requirements section to specify that the MT control applies to
spacecraft thrusters controlled in 9A515.h when the total impulse
capacity is equal to or greater than 8.41x10[and]5. These changes are
needed to clarify which of the satellite thrusters are subject to the
EAR. On January 10, 2017, Commerce published a final rule (82 FR 2875)
that moved these thrusters from the USML to the CCL, and the Department
of State published a corresponding rule (82 FR 2889) removing the
thrusters from the ITAR. As a consequence of those rules, the public
sought clarification from BIS on what items were actually ``subject to
the EAR.''
Consistent with the Commerce January 10, 2017 final rule, the
Department of State has informed Commerce that it intends to clarify
that the existing USML IV(d) paragraph does not control spacecraft
thrusters, and that such thrusters are ``subject to the EAR.'' Commerce
agrees with the Department of State that adding a note to the USML
clarifying these controls will assist exporters in better determining
the control jurisdiction of the spacecraft thrusters that were moved
from the USML to the CCL in the January 10, 2017 final rule.
The questions raised by the public and discussions between the
Department of Commerce and State, including the discussions regarding
the spacecraft thruster controls, identified a need to add an MT
control to the spacecraft thrusters to align with the MTCR Annex.
Following the USML Order of Review and CCL Order of Review, these
spacecraft thrusters were, prior to publication of this final rule,
controlled under ``items'' paragraph x of ECCN 9A515. Because ``items''
paragraph x is not MT controlled, this final rule adds a separate
``items'' paragraph h to ECCN 9A515 to allow for the imposition of an
MT control on these spacecraft thrusters to align with the MTCR Annex
(Changes to Align with MTCR Annex). Finally, as a conforming change
consistent with the addition of ``items'' paragraph h, this final rule
reserves ``items'' paragraphs i through w. These changes are expected
to result in an annual increase of twelve license applications received
by BIS.
ECCN 9A610. This final rule amends ECCN 9A610 by making revisions
to the ``items'' paragraph (MTCR Annex Change, Category II: Item 10.A.,
Notes, Dublin 2017 Plenary). This final rule redesignates ``items''
paragraph w as ``items'' paragraph w.1 and creates new ``items''
paragraph w.2 in ECCN 9A610, including redesignating Note to paragraph
w, as Note to paragraph w.1. In addition to this redesignation, this
final rule removes the term ``drones'' from ``items'' paragraph w.1 and
the Note to paragraph w.1 because the MTCR Annex does not use the term
``drones,'' other than stating that drones are a type of UAV, and
therefore the term does not need to be included in ``items'' paragraph
w.1 or in the Note. This final rule for the same reason also removes
the term ``drones'' from ``items'' paragraphs u and v, including in the
Note to paragraph u and Note to paragraph v (Changes to Align with MTCR
Annex). This final rule also adds a new ``items'' paragraph w.2, to
control for MT reasons, flight control servo valves designed or
modified for the systems in 9A610.w.1, and the additional criteria this
final rule includes in new ``items'' paragraph w.2. This final rule
makes these changes in ECCN 9A610 in order to accommodate the new
``items'' paragraph w.2, which corresponds to MTCR Annex, Category II,
Item 10.A.3, but had not previously been listed on the CCL.
This final rule also adds a Note to paragraphs w.1 and w.2 to
specify that these two ``items'' paragraphs include systems, equipment
and valves designed or modified to enable operation of manned aircraft
as unmanned aerial vehicles. The addition of the note will clarify that
the controls include equipment when used for the conversion of a manned
aircraft to operate as a UAV. Some of this type of equipment is
``subject to the ITAR,'' and some of this type of equipment is
``subject to the EAR.'' Prior to publication of this final rule, the
type of equipment referenced in ECCN 7A116 made it appear that all of
this type of equipment was ``subject to the ITAR,'' which is correct
for certain equipment, but not for all such equipment. For example,
some of this equipment prior to publication of this final rule was
controlled in ECCN 9A610.w. The changes described above that this final
rule makes to ECCNs 7A116 and 9A610, will make needed corrections to
clarify
[[Page 44220]]
where this type of equipment is controlled on the CCL.
Prior to publication of this rule, some of the equipment specified
in MTCR Annex, Category II, Item 10.A.3. was not controlled on the CCL.
While ECCN 9A106 has an entry for the equipment used in liquid
propulsion systems for rockets, there was not a corresponding entry
listing the equipment used in UAVs. To correct this gap in coverage,
this final rule adds the criteria in MTCR Annex, Category II, 10.A.3.
to ECCNs 7A116 and 9A610, as described above.
These changes are not expected to have any impact on the number of
license applications received by BIS due to the low volume of such
items exported.
Savings Clause
Shipments of items removed from eligibility for a License Exception
or export or reexport without a license (NLR) as a result of this
regulatory action that were on dock for loading, on lighter, laden
aboard an exporting or reexporting carrier, or enroute aboard a carrier
to a port of export or reexport, on August 30, 2018, pursuant to actual
orders for export or reexport to a foreign destination, may proceed to
that destination under the previous eligibility for a License Exception
or export or reexport without a license (NLR) so long as they are
exported or reexported before October 1, 2018. Any such items not
actually exported or reexported before midnight, on October 1, 2018,
require a license in accordance with this rule.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (Title XVII,
Subtitle B of Pub. L. 115-232) that provides the legal basis for BIS's
principal authorities and serves as the authority under which BIS
issues this rule. As set forth in Section 1768 of ECRA, all
delegations, rules, regulations, orders, determinations, licenses, or
other forms of administrative action that have been made, issued,
conducted, or allowed to become effective under the Export
Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior
to August 13, 2018 and as continued in effect pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)
and 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 8,
2018, 83 FR 39871 (August 13, 2018)), or the Export Administration
Regulations, and are in effect as of August 13, 2018, shall continue in
effect according to their terms until modified, superseded, set aside,
or revoked under the authority of ECRA.
Executive Order Requirements
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This final rule has been designated a ``significant
regulatory action'' under Executive Order 12866. The MTCR was formed in
1987 by the U.S. and G-7 countries (Canada, France, Germany, Italy,
Japan, and the UK) to address the increasing proliferation of nuclear
weapons by addressing the most destabilizing delivery system for such
weapons. The MTCR seeks to limit the risk of proliferation of weapons
of mass destruction by controlling exports of goods and technologies
that could make a contribution to delivery systems (other than manned
aircraft) for such weapons. The proliferation of such weapons has been
identified as a threat to domestic and international peace and
security. Commerce estimates this rule will not change the number of
license requests received by BIS annually.
This rule does not contain policies with Federalism implications as
that term is defined under E.O. 13132.
For the purposes of E.O. 13771, this rule is issued with respect to
a national security function of the United States. The cost-benefit
analysis indicates the rule is intended to improve national security as
its primary direct benefit, and the regulation qualifies for a good
cause exception under 5 U.S.C. 553(b)(B). Accordingly, this rule meets
the requirements set forth in the April 5, 2017, OMB guidance
implementing E.O 13771, and is, therefore, exempt from the requirements
of E.O. 13771.
Paperwork Reduction Act Requirements
Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number.
This regulation involves a collection currently approved by OMB
under control number 0694-0088, Simplified Network Application
Processing System. This collection includes, among other things,
license applications, and carries a burden estimate of 43.8 minutes for
a manual or electronic submission for a total burden estimate of 31,833
hours. BIS expects the burden hours associated with this collection to
increase slightly by ten hours for an estimated cost increase of $378.
This increase is not expected to exceed the existing estimates
currently associated with OMB control number 0694-0088. Although this
final rule makes important changes to the EAR for items controlled for
missile technology reasons, Commerce believes the overall increase in
costs and burdens due to this rule will be minimal.
Any comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, may be
sent to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to [email protected], or by fax to (202) 395-7285.
Administrative Procedure Act and Regulatory Flexibility Act
Requirements
The provisions of the Administrative Procedure Act (APA) (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this action involves a military and foreign affairs function of
the United States (5 U.S.C. 553(a)(1)). Immediate implementation of
these amendments fulfills the United States' international commitments
to the MTCR. The MTCR contributes to international peace and security
by promoting greater responsibility in transfers of missile technology
items that could make a contribution to delivery systems (other than
manned aircraft) for weapons of mass destruction. The MTCR consists of
35 member countries acting on a consensus basis. The changes discussed
in this rule implement agreements reached at the October 2017 Plenary
in Dublin, Ireland, and the May 2017 Technical Experts Meeting in
Stockholm, Sweden. Since the United States is a significant exporter of
the items discussed in this rule, implementation of this provision is
[[Page 44221]]
necessary for the MTCR to achieve its purpose.
Although the APA requirements in section 553 are not applicable to
this action under the provisions of paragraph (a)(1), this action also
falls within two other exceptions in the section. The subsection (b)
requirement that agencies publish a notice of proposed rulemaking that
includes information on the public proceedings does not apply when an
agency for good cause finds that the notice and public procedures are
impracticable, unnecessary, or contrary to the public interest, and the
agency incorporates the finding (and reasons therefor) in the rule that
is issued (5 U.S.C. 553(b)(B)). In addition, the section 553(d)
requirement that publication of a rule shall be made not less than 30
days before its effective date can be waived if an agency finds there
is good cause to do so.
The section 553 requirements for notice and public procedures and
for a delay in the date of effectiveness do not apply to this rule, as
there is good cause to waive such practices. Delay in implementation
would be contrary to the public interest because it would disrupt the
movement of these potentially national and international security
threatening items globally, creating disharmony between export control
measures implemented by MTCR members. Export controls work best when
all countries implement the same export controls in a timely manner.
Delaying this rulemaking would prevent the United States from
fulfilling its commitment to the MTCR in a timely manner, would injure
the credibility of the United States in this and other multilateral
regimes, and could impair the international community's ability to
effectively control the export of certain potentially national and
international security threatening items. Therefore, this regulation is
issued in final form, and is effective August 30, 2018.
Further, no other law requires that a notice of proposed rulemaking
and an opportunity for public comment be given for this final rule.
Because a notice of proposed rulemaking and an opportunity for public
comment are not required to be given for this rule under the
Administrative Procedure Act or by any other law, the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
List of Subjects in 15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
Accordingly, part 774 of the Export Administration Regulations (15
CFR parts 730-774) is amended as follows:
PART 774--[AMENDED]
0
1. The authority citation for 15 CFR part 774 is revised to read as
follows:
Authority: Pub. L. 115-232, Title XVII, Subtitle B. 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 8, 2018, 83 FR 39871 (August 13, 2018).
0
2. In Supplement No. 1 to part 774, Category 1, revise Export Control
Classification Number (ECCN) 1B117 to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
1B117 Batch mixers having all of the following (see List of Items
Controlled), and ``specially designed'' ``parts'' and ``components''
therefor.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
MT applies to entire entry................ MT Column 1
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 1B115, 1B118, and 1B119.
Related Definitions: N/A
Items:
a. Capable of mixing under vacuum in the range from zero to
13.326 kPa;
b. Capable of controlling the temperature of the mixing chamber;
c. A total volumetric capacity of 110 liters (30 gallons) or
more; and
d. At least one `mixing/kneading shaft' mounted off center.
Note to paragraph d: In 1B117.d. the term `mixing/kneading
shaft' does not refer to deagglomerators or knife-spindles.
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3. In Supplement No. 1 to part 774, Category 1, revise ECCN 1B118 to
read as follows:
1B118 Continuous mixers having all of the following (see List of
Items Controlled), and ``specially designed'' ``parts'' and
``components'' therefor.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
MT applies to entire entry................ MT Column 1
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 1B115, 1B117, and 1B119.
Related Definitions: N/A
Items:
a. Capable of mixing under vacuum in the range from zero to
13.326 kPa;
b. Capable of controlling the temperature of the mixing chamber;
and
c. Either of the following:
c.1. Two or more mixing/kneading shafts; or
c.2. A single rotating and oscillating shaft with kneading
teeth/pins as well as kneading teeth/pins inside the casing of the
mixing chamber.
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4. In Supplement No. 1 to part 774, Category 1, revise ECCN 1C111 to
read as follows:
1C111 Propellants and constituent chemicals for propellants, other
than those specified in 1C011, as follows (see List of Items
Controlled).
License Requirements
Reason for Control: MT, NP, RS, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
MT applies to entire entry................ MT Column 1
NP applies to 1C111.a.3.f only............ NP Column 1
RS applies to 1C111.d.3 only.............. RS Column 1
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: (1) See USML Category V(e)(7) for controls on HTPB
(hydroxyl terminated polybutadiene) with a hydroxyl functionality
equal to or greater than 2.2 and less than or equal to 2.4, a
hydroxyl value of less than 0.77 meq/g, and a viscosity at 30 [deg]C
of less than 47 poise (CAS # 69102-90-5). (2) See USML Category
V(f)(3) for controls on ferrocene derivatives, including butacene.
(3) See ECCN 1C608 for controls on oxidizers that
[[Page 44222]]
are composed of fluorine and also other halogens, oxygen, or
nitrogen, except for chlorine trifluoride, which is controlled under
this ECCN 1C111.a.3.f. (4) See ECCN 1C011.b for controls on boron
and boron alloys not controlled under this ECCN 1C111.a.2.b. (5) See
USML Category V(d)(10) for controls on Inhibited Red Fuming Nitric
Acid (IRFNA) (CAS 8007-58-7).
Related Definitions: Particle size is the mean particle diameter on
a weight or volume basis. Best industrial practices must be used in
sampling, and in determining particle size, and the controls may not
be undermined by the addition of larger or smaller sized material to
shift the mean diameter.
Items:
a. Propulsive substances:
a.1. Spherical or spheroidal aluminum powder (C.A.S. 7429-90-5)
in particle size of less than 200 x 10-6 m (200 [micro]m)
and an aluminum content of 97% by weight or more, if at least 10% of
the total weight is made up of particles of less than 63 [micro]m,
according to ISO 2591-1:1988 or national equivalents.
Technical Note: A particle size of 63 [mu]m (ISO R-565)
corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11).
a.2. Metal powders and alloys where at least 90% of the total
particles by particle volume or weight are made up of particles of
less than 60 [micro] (determined by measurement techniques such as
using a sieve, laser diffraction or optical scanning), whether
spherical, atomized, spheroidal, flaked or ground, as follows:
a.2.a. Consisting of 97% by weight or more of any of the
following:
a.2.a.1. Zirconium (C.A.S. #7440-67-7);
a.2.a.2. Beryllium (C.A.S. #7440-41-7); or
a.2.a.3. Magnesium (C.A.S. #7439-95-4);.
a.2.b. Boron or boron alloys with a boron content of 85% or more
by weight.
Technical Note: The natural content of hafnium in the zirconium
(typically 2% to 7%) is counted with the zirconium.
Note: In a multimodal particle distribution (e.g., mixtures of
different grain sizes) in which one or more modes are controlled,
the entire powder mixture is controlled.
a.3. Oxidizer substances usable in liquid propellant rocket
engines, as follows:
a.3.a. Dinitrogen trioxide (CAS 10544-73-7);
a.3.b. Nitrogen dioxide (CAS 10102-44-0)/dinitrogen tetroxide
(CAS
10544-72-6);
a.3.c. Dinitrogen pentoxide (CAS 10102-03-1);
a.3.d. Mixed oxides of nitrogen (MON);
a.3.e. [RESERVED];
a.3.f. Chlorine trifluoride (ClF3).
Technical Note: Mixed oxides of nitrogen (MON) are solutions of
nitric oxide (NO) in dinitrogen tetroxide/nitrogen dioxide
(N2O4/NO2) that can be used in
missile systems. There are a range of compositions that can be
denoted as MONi or MONij, where i and j are integers representing
the percentage of nitric oxide in the mixture (e.g., MON3 contains
3% nitric oxide, MON25 25% nitric oxide. An upper limit is MON40,
40% by weight).
b. Polymeric substances:
b.1. Carboxy-terminated polybutadiene (including carboxyl-
terminated polybutadiene) (CTPB);
b.2. Hydroxy-terminated polybutadiene (including hydroxyl-
terminated polybutadiene) (HTPB) (CAS 69102-90-5), except for
hydroxyl-terminated polybutadiene as specified in USML Category V
(see 22 CFR 121.1) (also see Related Controls Note #1 for this
ECCN);
b.3. Polybutadiene acrylic acid (PBAA);
b.4. Polybutadiene acrylic acid acrylonitrile (PBAN) (CAS 25265-
19-4/CAS 68891-50-9);
b.5. Polytetrahydrofuran polyethylene glycol (TPEG).
Technical Note: Polytetrahydrofuran polyethylene glycol (TPEG)
is a block copolymer of poly 1,4-Butanediol (CAS 110-63-4) and
polyethylene glycol (PEG) (CAS 25322-68-3).
c. Other propellant energetic materials, additives, or agents:
c.1. [RESERVED]
c.2. Triethylene glycol dinitrate (TEGDN);
c.3. 2 Nitrodiphenylamine (2-NDPA);
c.4. Trimethylolethane trinitrate (TMETN);
c.5. Diethylene glycol dinitrate (DEGDN).
d. Hydrazine and derivatives as follows:
d.1. Hydrazine (C.A.S. #302-01-2) in concentrations of 70% or
more;
d.2. Monomethyl hydrazine (MMH) (C.A.S. #60-34-4);
d.3. Symmetrical dimethyl hydrazine (SDMH) (C.A.S. #540-73-8);
d.4. Unsymmetrical dimethyl hydrazine (UDMH) (C.A.S. #57-14-7);
d.5. Trimethylhydrazine (C.A.S. #1741-01-1);
d.6. Tetramethylhydrazine (C.A.S. #6415-12-9);
d.7. N,N diallylhydrazine (CAS 5164-11-4);
d.8. Allylhydrazine (C.A.S. #7422-78-8);
d.9. Ethylene dihydrazine (CAS 6068-98-0);
d.10. Monomethylhydrazine dinitrate;
d.11. Unsymmetrical dimethylhydrazine nitrate;
d.12. 1,1-Dimethylhydrazinium azide (CAS 227955-52-4)/1,2-
Dimethylhydrazinium azide (CAS 299177-50-7);
d.13. Hydrazinium azide (C.A.S. #14546-44-2);
d.14. Hydrazinium dinitrate (CAS 13464-98-7);
d.15. Diimido oxalic acid dihydrazine (C.A.S. #3457-37-2);
d.16. 2-hydroxyethylhydrazine nitrate (HEHN);
d.17. Hydrazinium diperchlorate (C.A.S. #13812-39-0);
d.18. Methylhydrazine nitrate (MHN) (CAS 29674-96-2);
d.19. 1,1-Diethylhydrazine nitrate (DEHN)/1,2-Diethylhydrazine
nitrate (DEHN) (CAS 363453-17-2);
d.20. 3,6-dihydrazino tetrazine nitrate (DHTN), also referred to
as 1,4-dihydrazine nitrate.
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5. In Supplement No. 1 to part 774, Category 1, revise ECCN 1C118 to
read as follows:
1C118 Titanium-stabilized duplex stainless steel (Ti-DSS), having
all of the following characteristics (see List of Items Controlled).
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: N/A
Related Definitions: N/A
Items:
a. Having all of the following characteristics:
a.1. Containing 17.0-23.0% by weight of chromium and 4.5-7.0% by
weight of nickel;
a.2. Having a titanium content of greater than 0.10% by weight;
and
a.3. A ferritic-austenitic microstructure (also referred to as a
two-phase microstructure) of which at least 10% by volume (according
to ASTM E-1181-87 or national equivalents) is austenite; and
b. Having any of the following forms:
b.1. Ingots or bars having a size of 100 mm or more in each
dimension;
b.2. Sheets having a width of 600 mm or more and a thickness of
3 mm or less; or
b.3. Tubes having an outer diameter of 600 mm or more and a wall
thickness of 3 mm or less.
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6. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B109 to
read as follows:
2B109 Flow-forming machines, other than those controlled by 2B009,
as follows (see List of Items Controlled).
License Requirements
Reason for Control: MT, NP, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
NP applies to items controlled by this NP Column 1
entry that meet or exceed the technical
parameters in 2B209.
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
[[Page 44223]]
List of Items Controlled
Related Controls: (1) See ECCN 2D101 for ``software'' for items
controlled under this entry. (2) See ECCNs 2E001 (``development''),
2E002 (``production''), and 2E101 (``use'') for technology for items
controlled under this entry. (3) Also see ECCNs 2B009 and 2B209.
Related Definitions: N/A
Items:
a. Flow-forming machines, usable in the ``production'' of
propulsion components and equipment (e.g., motor cases and
interstages) for ``missiles'', having all of the following:
a.1. Equipped with, or according to the manufacturer's technical
specification are capable of being equipped with, ``numerical
control'' units or a computer control, even when not equipped with
such units at delivery; and
a.2. More than two axes which can be coordinated simultaneously
for ``contouring control.''
b. ``Specially designed'' ``parts'' and ``components'' for flow-
forming machines controlled in 2B009 for MT reasons or 2B109.a.
Technical Note: 1. Machines combining the function of spin-
forming and flow-forming are for the purpose of 2B109 regarded as
flow-forming machines.
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7. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B120 to
read as follows:
2B120 Motion simulators or rate tables (equipment capable of
simulating motion), having all of the following characteristics (see
List of Items Controlled).
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: (1) Rate tables not controlled by 2B120 and
providing the characteristics of a positioning table are to be
evaluated according to 2B121. (2) Equipment that has the
characteristics specified in 2B121, which also meets the
characteristics of 2B120 will be treated as equipment specified in
2B120. (3) See also 2B008, 2B121, 7B101 and 7B994.
Related Definitions: N/A
Items:
a. Two or more axes;
b. Designed or modified to incorporate sliprings or integrated
non-contact devices capable of transferring electrical power, signal
information, or both; and
c. Having any of the following characteristics:
c.1. For any single axis having all of the following:
c.1.a. Capable of rates of rotation of 400 degrees/s or more, or
30 degrees/s or less, and
c.1.b. A rate resolution equal to or less than 6 degrees/s and
an accuracy equal to or less than 0.6 degrees/s; or
c.2. Having a worst-case rate stability equal to or better
(less) than plus or minus 0.05% averaged over 10 degrees or more; or
c.3. A positioning ``accuracy'' equal to or better than 5 arc-
second.
Note: 2B120 does not control rotary tables designed or modified
for machine tools or for medical equipment. For controls on machine
tool rotary tables see 2B008.
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8. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B121 to
read as follows:
2B121 Positioning tables (equipment capable of precise rotary
position in any axis), other than those controlled in 2B120, having
all the following characteristics (See List of Items Controlled).
License Requirements
Reason for Control: MT, AT
Country chart (see supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: (1) Equipment that has the characteristics
specified in 2B121, which also meets the characteristics of 2B120
will be treated as equipment specified in 2B120. (2) See also 2B008,
2B120, 7B101, and 7B994.
Related Definitions: N/A
Items:
a. Two or more axes; and
b. A positioning ``accuracy'' equal to or better than 5 arc-
second.
Note: 2B121 does not control rotary tables designed or modified
for machine tools or for medical equipment. For controls on machine
tool rotary tables see 2B008.
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9. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B122 to
read as follows:
2B122 Centrifuges capable of imparting accelerations greater than
100 g and designed or modified to incorporate sliprings or
integrated non-contact devices capable of transferring electrical
power, signal information, or both.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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 also 7B101.
Related Definitions: N/A
Items:
The list of items controlled is contained in the ECCN heading.
0
10. In Supplement No. 1 to part 774, Category 6, revise ECCN 6A107 to
read as follows:
6A107 Gravity meters (gravimeters) or gravity gradiometers, other
than those controlled by 6A007, designed or modified for airborne or
marine use, as follows, (see List of Items Controlled) and
``specially designed'' ``parts'' and ``components'' therefor.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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 USML Category XII(d) for certain gravity
meters (gravimeters) or gravity gradiometers subject to the ITAR.
See also ECCN 7A611.
Related Definitions: `Time to steady-state registration' (also
referred to as the gravity meter's response time) is the time over
which the disturbing effects of platform-induced acceleration (high
frequency noise) are reduced.
Items:
a. Gravity meters having all the following:
a.1. A static or operational accuracy equal to or less (better)
than 0.7 milligal (mgal); and
a.2. A `time to steady-state registration' of two minutes or
less.
b. Gravity gradiometers.
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11. In Supplement No. 1 to part 774, Category 7, revise ECCN 7A105 to
read as follows:
[[Page 44224]]
7A105 Receiving equipment for `navigation satellite systems'
designed or modified for airborne applications and capable of
providing navigation information at speeds in excess of 600 m/s
(1,165 nautical mph), and ``specially designed'' ``parts'' and
``components'' therefor.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: (1) See also 7A005 and 7A994. (2) See Categories
XI and XV of the U.S. Munitions List (22 CFR 121.1) for controls on
similar equipment ``specially designed'' for defense articles.
Related Definitions: `Navigation satellite systems' include Global
Navigation Satellite Systems (GNSS; e.g., GPS, GLONASS, Galileo or
BeiDou) and Regional Navigation Satellite Systems (RNSS; e.g.,
NavIC, QZSS).
Items:
The list of items controlled is contained in the ECCN heading.
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12. In Supplement No. 1 to part 774, Category 7, revise ECCN 7A107 to
read as follows:
7A107 Three axis magnetic heading sensors having all of the
following characteristics (see List of Items Controlled), and
``specially designed'' ``parts'' and ``components'' therefor.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: N/A
Related Definitions: N/A
Items:
a. Internal tilt compensation in pitch (+/-90 degrees) and roll
(+/-180 degrees) axes;
b. Azimuthal accuracy better (less) than 0.5 degrees rms at
latitudes of +/-80 degrees, referenced to local magnetic field; and
c. Designed or modified to be integrated with flight control and
navigation systems.
Note: Flight control and navigation systems in 7A107 include
gyrostabilizers, automatic pilots and inertial navigation systems.
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13. In Supplement No. 1 to part 774, Category 7, revise ECCN 7A116 to
read as follows:
7A116 Flight control systems and ``parts'' and ``components'', as
follows (see List of Items Controlled).
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: (1) See 9A610.r. and 9A610.s. for items designed
or modified for military UAVs. (2) See USML Category IV for items
``specially designed'' for use in rockets or missiles that are
``subject to the ITAR.''
Related Definitions: N/A
Items:
a. Pneumatic, hydraulic, mechanical, electro-optical, or
electromechanical flight control systems (including fly-by-wire and
fly-by-light systems) designed or modified for UAVs capable of
delivering at least 500 kilograms of payload to a range of at least
300 km, other than those controlled by either USML paragraph VIII(a)
or ECCN 9A610.a;
b. Attitude control equipment designed or modified for UAVs
capable of delivering at least 500 kilograms of payload to a range
of at least 300 km, other than those controlled by either USML
paragraph VIII(a) or ECCN 9A610.a;
c. Flight control servo valves designed of modified for the
systems in 7A116.a. or 7A116.b, and designed or modified to operate
in a vibration environment greater than 10 g rms over the entire
range between 20Hz and 2 kHz.
Note: This entry includes the systems, equipment and valves
designed or modified to enable operation of manned aircraft as
unmanned aerial vehicles.
0
14. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A012 to
read as follows:
9A012 Non-military ``Unmanned Aerial Vehicles,'' (``UAVs''),
unmanned ``airships'', related equipment and ``components'', as
follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry................ NS Column 1
MT applies to non-military Unmanned Aerial MT Column 1
Vehicles (UAVs) and Remotely Piloted
Vehicles (RPVs) that are capable of a
maximum range of at least 300 kilometers
(km), regardless of payload, and UAVs
that meet the requirements of 9A120.
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 the U.S. Munitions List Category VIII (22 CFR
part 121). Also see ECCN 9A610 and Sec. 744.3 of the EAR.
Related Definitions: N/A
Items:
a. ``UAVs'' or unmanned ``airships'', designed to have
controlled flight out of the direct `natural vision' of the
`operator' and having any of the following:
a.1. Having all of the following:
a.1.a. A maximum `endurance' greater than or equal to 30 minutes
but less than 1 hour; and
a.1.b. Designed to take-off and have stable controlled flight in
wind gusts equal to or exceeding 46.3 km/h (25 knots); or
a.2. A maximum `endurance' of 1 hour or greater;
Technical Notes:
1. For the purposes of 9A012.a, `operator' is a person who
initiates or commands the ``UAV'' or unmanned ``airship'' flight.
2. For the purposes of 9A012.a, `endurance' is to be calculated
for ISA conditions (ISO 2533:1975) at sea level in zero wind.
3. For the purposes of 9A012.a, `natural vision' means unaided
human sight, with or without corrective lenses.
b. Related equipment and ``components'', as follows:
b.1 [Reserved]
b.2. [Reserved]
b.3. Equipment or ``components'' ``specially designed'' to convert
a manned ``aircraft'' or a manned ``airship'' to a ``UAV'' or unmanned
``airship'', controlled by 9A012.a;
b.4. Air breathing reciprocating or rotary internal combustion type
engines, ``specially designed'' or modified to
[[Page 44225]]
propel ``UAVs'' or unmanned ``airships'', at altitudes above 15,240
meters (50,000 feet).
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15. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A101 to
read as follows:
9A101 Turbojet and turbofan engines, other than those controlled by
9A001, as follows (see List of Items Controlled).
License Requirements
Reason for Control: MT, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
MT applies to entire entry................ MT Column 1
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: 9A101.b controls only engines for non-military
unmanned aerial vehicles [UAVs] or remotely piloted vehicles [RPVs],
and does not control other engines designed or modified for use in
``missiles'', which are ``subject to the ITAR'' (see 22 CFR parts
120 through 130).
Related Definitions: N/A
Items:
a. Engines having all of the following characteristics:
a.1. `Maximum thrust value' greater than 400 N (achieved un-
installed) excluding civil certified engines with a maximum thrust
value greater than 8,890 N (achieved un-installed);
a.2. Specific fuel consumption of 0.15 kg N-1
h-1 or less (at maximum continuous power at sea level
static conditions using the ICAO standard atmosphere);
a.3. `Dry weight' less than 750 kg; and
a.4. `First -stage rotor diameter' less than 1 m; or
Technical Notes:
1. `Maximum thrust value' in 9A101.a.1 is the manufacturer's
demonstrated maximum thrust for the engine type un-installed at sea
level static conditions using the ICAO standard atmosphere. The
civil type certified thrust value will be equal to or less than the
manufacturer's demonstrated maximum thrust for the engine type.
2. `Dry weight' is the weight of the engine without fluids
(fuel, hydraulic fluid, oil, etc.) and does not include the nacelle
(housing).
3. `First-stage rotor diameter' is the diameter of the first
rotating stage of the engine, whether a fan or compressor, measured
at the leading edge of the blade tips.
b. Engines designed or modified for use in ``missiles'' or UAVs
with a range equal to or greater than 300 km, regardless of thrust,
specific fuel consumption, `dry weight' or `first-stage rotor
diameter'.
0
16. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A115 to
read as follows:
9A115 Apparatus, devices and vehicles, designed or modified for the
transport, handling, control, activation and launching of rockets,
missiles, and unmanned aerial vehicles capable of achieving a
``range'' equal to or greater than 300 km.
License Requirements
Reason for Control: MT, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
MT applies to entire entry................ MT Column 1
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 the U.S. Munitions List (22 CFR part 121).
Also see ECCN 9A610.u.
Related Definitions: N/A
Items:
The list of items controlled is contained in the ECCN heading.
0
17. In Supplement No. 1 to part 774, Category, revise ECCN 9A515 to
read as follows:
9A515 ``Spacecraft'' and related commodities, as follows (see List
of Items Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT
Country chart (see Supp.
Control(s) No.1 to part 738)
NS applies to entire entry, except .e and NS Column 1
.y.
RS applies to entire entry, except .e and RS Column 1
.y.
RS applies to 9A515.e..................... RS Column 2
MT applies to microcircuits in 9A515.d and MT Column 1
9A515.e.2 when ``usable in'' ``missiles''
for protecting ``missiles'' against
nuclear effects (e.g., Electromagnetic
Pulse (EMP), X-rays, combined blast and
thermal effects). MT also applies to
9A515.h when the total impulse capacity
is equal to or greater than 8.41x10[and]5
newton seconds.
AT applies to entire entry................ AT Column 1
License Requirement Note: The Commerce Country Chart is not
used for determining license requirements for commodities classified
in ECCN 9A515.a.1, .a.2, .a.3, .a.4, and .g. See Sec. 742.6(a)(8),
which specifies that such commodities are subject to a worldwide
license requirement.
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 ``spacecraft'' in ECCN
9A515.a.1, .a.2, .a.3, or .a.4, or items in 9A515.g, unless
determined by BIS to be eligible for License Exception STA in
accordance with Sec. 740.20(g) (License Exception STA eligibility
requests for certain 9x515 and ``600 series'' items). (2) License
Exception STA may not be used if the ``spacecraft'' controlled in
ECCN 9A515.a.1, .a.2, .a.3, or .a.4 contains a separable or
removable propulsion system enumerated in USML Category IV(d)(2) or
USML Category XV(e)(12) and designated MT. (3) Paragraph (c)(2) of
License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be
used for any item in 9A515.
List of Items Controlled
Related Controls: Spacecraft, launch vehicles and related articles
that are enumerated in the USML, and technical data (including
``software'') directly related thereto, and all services (including
training) directly related to the integration of any satellite or
spacecraft to a launch vehicle, including both planning and onsite
support, or furnishing any assistance (including training) in the
launch failure analysis or investigation for items in ECCN 9A515.a,
are ``subject to the ITAR.'' All other ``spacecraft,'' as enumerated
below and defined in Sec. 772.1, are subject to the controls of
this ECCN. See also ECCNs 3A001, 3A002, 3A991, 3A992, 6A002,
[[Page 44226]]
6A004, 6A008, and 6A998 for specific ``space-qualified'' items,
7A004 and 7A104 for star trackers, and 9A004 for the International
Space Station (ISS), the James Webb Space Telescope (JWST), and
``specially designed'' ``parts'' and ``components'' therefor. See
USML Category XI(c) for controls on ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers that are ``specially
designed'' for defense articles. See ECCN 9A610.g for pressure suits
used for high altitude aircraft.
Related Definitions: `Microcircuit' means a device in which a number
of passive or active elements are considered as indivisibly
associated on or within a continuous structure to perform the
function of a circuit.
Items:
``Spacecraft'' and other items described in ECCN 9A515 remain
subject to the EAR even if exported, reexported, or transferred (in-
country) with defense articles ``subject to the ITAR'' integrated
into and included therein as integral parts of the item. In all
other cases, such defense articles are subject to the ITAR. For
example, a 9A515.a ``spacecraft'' remains ``subject to the EAR''
even when it is exported, reexported, or transferred (in-country)
with a ``hosted payload'' described in USML Category XV(e)(17)
incorporated therein. In all other cases, a ``hosted payload''
performing a function described in USML Category XV(a) always
remains a USML item. The removal of the defense article subject to
the ITAR from the spacecraft is a retransfer under the ITAR and
would require an ITAR authorization, regardless of the CCL
authorization the spacecraft is exported under. Additionally,
transfer of technical data regarding the defense article subject to
the ITAR integrated into the spacecraft would require an ITAR
authorization.
a. ``Spacecraft,'' including satellites, and space vehicles,
whether designated developmental, experimental, research or
scientific, not enumerated in USML Category XV or described in ECCN
9A004.u or .w, that:
a.1. Have electro-optical remote sensing capabilities and having
a clear aperture greater than 0.35 meters, but less than or equal to
0.50 meters;
a.2. Have remote sensing capabilities beyond NIR (i.e., SWIR,
MWIR, or LWIR);
a.3. Have radar remote sensing capabilities (e.g., AESA, SAR, or
ISAR) having a center frequency equal to or greater than 1.0 GHz,
but less than 10.0 GHz and having a bandwidth equal to or greater
than 100 MHz, but less than 300 MHz;
a.4. Provide space-based logistics, assembly, or servicing of
another ``spacecraft''; or
a.5. Are not described in ECCN 9A515.a.1, .a.2, .a.3 or .a.4.
Note: ECCN 9A515.a includes commercial communications
satellites, remote sensing satellites, planetary rovers, planetary
and interplanetary probes, and in-space habitats, not identified in
ECCN 9A004 or USML Category XV(a).
b. Ground control systems and training simulators ``specially
designed'' for telemetry, tracking, and control of the
``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a.
c. [Reserved]
d. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components rated,
certified, or otherwise specified or described as meeting or
exceeding all the following characteristics and that are ``specially
designed'' for defense articles, ``600 series'' items, or items
controlled by ECCNs 9A004.v or 9A515:
d.1. A total dose of 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si));
d.2. A dose rate upset threshold of 5 x 10\8\ Rads (Si)/sec (5 x
10\6\ Gy (Si)/sec);
d.3. A neutron dose of 1 x 10\14\ n/cm\2\ (1 MeV equivalent);
d.4. An uncorrected single event upset sensitivity of 1 x
10-\10\ errors/bit/day or less, for the CR[Egrave]ME-MC
geosynchronous orbit, Solar Minimum Environment for heavy ion flux;
and
d.5. An uncorrected single event upset sensitivity of 1 x
10-\3\ errors/part or less for a fluence of 1 x 10\7\
protons/cm\2\ for proton energy greater than 50 MeV.
e. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components that
are rated, certified, or otherwise specified or described as meeting
or exceeding the characteristics in either paragraph e.1 or e.2, AND
``specially designed'' for defense articles controlled by USML
Category XV or items controlled by ECCNs 9A004.u or 9A515:
e.1. A total dose >=1 x 10\5\ Rads (Si) (1 x 10\3\ Gy(Si)) and
<5 x 10\5\ Rads (Si) (5 x 10\3\ Gy(Si)); and a single event effect
(SEE) (i.e., single event latchup (SEL), single event burnout (SEB),
or single event gate rupture (SEGR)) immunity to a linear energy
transfer (LET) >=80 MeV-cm2/mg; or
e.2. A total dose >= 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si)) and
not described in 9A515.d.
Note 1 to 9A515.d and .e: Application specific integrated
circuits (ASICs), integrated circuits developed and produced for a
specific application or function, specifically designed or modified
for defense articles and not in normal commercial use are controlled
by Category XI(c) of the USML regardless of characteristics.
Note 2 to 9A515.d and .e: See 3A001.a for controls on
radiation-hardened microelectronic circuits ``subject to the EAR''
that are not controlled by 9A515.d or 9A515.e
.f. Pressure suits (i.e., space suits) capable of operating at
altitudes 55,000 feet above sea level.
g. Remote sensing components ``specially designed'' for
``spacecraft'' described in ECCNs 9A515.a.1 through 9A515.a.4 as
follows:
g.1. Space-qualified optics (i.e., lens, mirror, membrane having
active properties (e.g., adaptive, deformable)) with the largest
lateral clear aperture dimension equal to or less than 0.35 meters;
or with the largest clear aperture dimension greater than 0.35
meters but less than or equal to 0.50 meters;
g.2. Optical bench assemblies ``specially designed'' for ECCN
9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ``spacecraft;'' or
g.3. Primary, secondary, or hosted payloads that perform a
function of ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4
``spacecraft.''
h. Spacecraft thrusters using bi-propellants or mono-propellants
that provide thrust equal to or less than 150 lbf (i.e., 667.23 N)
vacuum thrust.
i. through w. [RESERVED]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for defense articles
controlled by USML Category XV or items controlled by 9A515, and
that are NOT:
x.1. Enumerated or controlled in the USML or elsewhere within
ECCNs 9A515 or 9A004;
x.2. Microelectronic circuits and discrete electronic
components;
x.3. Described in ECCNs 7A004 or 7A104;
x.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (i.e., 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o,
3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 6A004.c and .d,
6A008.j.1, 6A998.b, or 7A003.d.2);
x.5. Microwave solid state amplifiers and microwave assemblies
(refer to ECCN 3A001.b.4 for controls on these items);
x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8
for controls on these items); or
x.7. Elsewhere specified in ECCN 9A515.y.
Note to 9A515.x: ``Parts,'' ``components,'' ``accessories,''
and ``attachments'' specified in USML subcategory XV(e) or
enumerated in other USML categories are subject to the controls of
that paragraph or category.
y. Items that would otherwise be within the scope of ECCN
9A515.x but that have been identified in an interagency-cleared
commodity classification (CCATS) pursuant to Sec. 748.3(e) as
warranting control in 9A515.y.
y.1. Discrete electronic components not specified in 9A515.e;
y.2. Space grade or for spacecraft applications thermistors;
y.3. Space grade or for spacecraft applications RF microwave
bandpass ceramic filters (Dielectric Resonator Bandpass Filters);
y.4. Space grade or for spacecraft applications hall effect
sensors;
y.5. Space grade or for spacecraft applications subminiature
(SMA and SMP) plugs and connectors, TNC plugs and cable and
connector assemblies with SMA plugs and connectors; and
y.6. Space grade or for spacecraft applications flight cable
assemblies.
0
18. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A610 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
[[Page 44227]]
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.
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 ``600
series'' end 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
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 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
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 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.1. 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 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.1: 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 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.
w.2. Flight control servo valves designed or modified for the
systems in 9A610.w.1. and designed or modified to operate in a
vibration environment greater than 10g rms over the entire range
between 20Hz and 2 kHz.
Note to paragraph .w: Paragraphs 9A610.w.1. and 9A610.w.2.
include the systems, equipment and valves designed or modified to
enable operation of manned aircraft as unmanned aerial vehicles.
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;
[[Page 44228]]
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;
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: August 24, 2018.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2018-18849 Filed 8-29-18; 8:45 am]
BILLING CODE 3510-33-P
