80_FR_18588 80 FR 18522 - Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements

80 FR 18522 - Revisions to the Export Administration Regulations Based on the 2014 Missile Technology Control Regime Plenary Agreements

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 66 (April 7, 2015)

Page Range18522-18526
FR Document2015-07872

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 September and October 2014 Plenary in Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in Prague, Czech Republic. This rule also makes conforming changes to correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 of the EAR) with the current MTCR Annex. This final rule revises six Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the MT controls on the CCL with the MTCR Annex.

Federal Register, Volume 80 Issue 66 (Tuesday, April 7, 2015)
[Federal Register Volume 80, Number 66 (Tuesday, April 7, 2015)]
[Rules and Regulations]
[Pages 18522-18526]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07872]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 141204999-5186-01]
RIN 0694-AG41


Revisions to the Export Administration Regulations Based on the 
2014 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 September and October 2014 Plenary in 
Oslo, Norway, and pursuant to the 2014 Technical Experts Meeting in 
Prague, Czech Republic. This rule also makes conforming changes to 
correlate the Commerce Control List (CCL) (Supplement No. 1 to Part 774 
of the EAR) with the current MTCR Annex. This final rule revises six 
Export Control Classification Numbers (ECCNs) to implement the changes 
that were agreed to at the meetings and to better align the MT controls 
on the CCL with the MTCR Annex.

DATES: This rule is effective April 7, 2015.

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.

SUPPLEMENTARY INFORMATION: 

Background

    The MTCR is an export control arrangement among 34 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 1992, 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 
counter 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

    This final rule revises the EAR to reflect changes to the MTCR 
Annex agreed to at the September and October 2014 Plenary in Oslo, 
Norway and pursuant to the 2014 Technical Experts Meeting in Prague, 
Czech Republic. Corresponding MTCR Annex references are provided below 
for the MTCR Annex changes agreed to at the meetings. This rule also 
makes three conforming changes to correlate the Commerce Control List 
(CCL) (Supplement No. 1 to Part 774 of the EAR) with the current MTCR 
Annex. These conforming changes are made to better align the MT 
controls on the CCL with the MTCR Annex. In the explanation below for 
the revisions made in this rule, BIS identifies these changes as 
follows: ``Oslo 2014 Plenary,'' ``Prague 2014 TEM,'' and ``CCL 
Conforming Change to MTCR Annex'' to assist the public in understanding 
the origin of each change included in this final rule.
    Specifically, the following six ECCNs are affected by the changes 
set forth in this final rule:
    ECCN 1C111. This final rule amends ECCN 1C111 by revising paragraph 
a.1 in the List of Items Controlled section to correct an omission 
error in the ISO standard referenced in order to reference the proper 
standard. Specifically, this final rule adds a dash and the number one 
``-1'' after the number 2591, so the ISO standard correctly reads ``ISO 
2591-1:1988.'' (MTCR Annex Change, Category II: Item 4.C.2.c., Prague 
2014 TEM). This change is not expected to have any impact on the number 
of license applications received by BIS.
    ECCN 1C111. This final rule also amends ECCN 1C111 by revising the 
Technical Note to paragraph b.5 and paragraphs d.7, d.14 and d.18 in 
the List of Items Controlled section to add CAS (Chemical Abstracts 
Service) Numbers. CAS Numbers are a numerical identifier assigned by 
the Chemical Abstracts Service (CAS) to every chemical substance 
described in the open scientific literature, including organic and 
inorganic compounds, minerals, isotopes and alloys. The inclusion of 
CAS Numbers will make it easier to identify the materials controlled 
under these ``items'' paragraphs of 1C111. Specifically, this final 
rule revises the Technical Note to paragraph b.5 to add the CAS Number 
``(CAS 110-63-4)'' after the material ``poly 1,4-Butanediol'' and the 
CAS Number ``(CAS 25322-68-3)'' after the material ``polyethylene 
glycol (PEG).'' (MTCR Annex Change, Category II: Item 4.C.5.g., Oslo 
2014 Plenary). This final rule revises paragraph d.7 to add the CAS 
Number ``(CAS 5164-11-4)'' after ``N,N diallylhydrazine.'' (MTCR Annex 
Change, Category II: Item 4.C.2.b.6., Oslo 2014 Plenary). This final 
rule revises paragraph d.14 to add the CAS Number ``(CAS 13464-98-7)'' 
after the material ``Hydrazinium dinitrate.'' (MTCR Annex Change, 
Category II: Item 4.C.2.b.13., Oslo 2014 Plenary). Lastly, this final 
rule revises paragraph d.18 to add the CAS Number ``(CAS 29674-96-2)'' 
after the material ``Methylhydrazine nitrate (MHN).'' (MTCR Annex 
Change, Category II: Item 4.C.2.b.18., Oslo 2014 Plenary). These 
changes are not expected to have any impact on the number of license 
applications received by BIS.
    ECCN 3A101. This final rule revises paragraph a.2.a to remove 
paragraph a.2.a.1 and revises paragraph a.2.b to remove paragraph 
a.2.b.1 in the List of Items Controlled section because the 
quantization requirement was removed in the MTCR Annex. This final rule 
also redesignates paragraph a.2.a.2 as new paragraph a.2.a.1, and 
paragraph a.2.a.3 as new paragraph a.2.a.2 as a conforming change to 
the removal of items paragraph a.2.a.1. This final rule also 
redesignates paragraph a.2.b.2 as new paragraph a.2.b.1 and paragraph 
a.2.b.3 as new paragraph a.2.b.2 as a conforming change to the removal 
of paragraph a.2.b.1. (MTCR Annex Change, Category II: Item 14.A.1.,

[[Page 18523]]

Prague 2014 TEM). Paragraphs a.2.a and a.2.b are being revised to 
correspond with advances in technology. MTCR partners agreed it was no 
longer necessary to specify that the analogue-to-digital converters 
have an 8 bit quantization, as most microcircuits will have this 
capability. Those at 8 bits or above will remain controlled by ECCN 
3A001.a.5.a., while the revised 3A101.a will cover those less than 8-
bits. Although this change expands the scope of the 3A101, this change 
is not expected to have any impact on the number of license 
applications received by BIS because very few microcircuits are 
currently classified under this ECCN.
    ECCN 9A106. This final rule revises paragraph d and the Note to 
paragraph d in the List of Items Controlled section. (MTCR Annex 
Change, Category II: Item 3.A.5., Oslo 2014 Plenary). This final rule 
revises ``items'' paragraph d by removing the term ``and'' and then 
adding the phrase ``and gel'' before the term ``propellant.'' Paragraph 
d, as a result of this change, will now control liquid, slurry and gel 
propellant control systems. These changes to paragraph d are being made 
to better control the components of propellant control systems, as well 
as to clarify how the parameters are applied in the context of 9A106. 
The term ``gel'' needs to be added to the control parameter of 9A106.d 
because gel is not technically a slurry. Therefore, in order to ensure 
that all of the intended propellant control systems are adequately 
described under this paragraph d, the term ``gel'' needs to be added.
    Also in ECCN 9A106, this final rule revises the Note to paragraph d 
to delete the term ``and'' in the introductory text and to add the 
phrase ``and gas turbines'' after the term ``pumps'' to clarify only 
servo valves, pumps and gas turbines that are specified under 
paragraphs a, b or c are classified under 9A106.d. In addition, this 
final rule clarifies the scope of the Note to paragraph d by adding the 
phrase ``at the maximum operating mode'' after the control parameter 
8,000 rpm to add greater specificity for how to apply this control 
parameter. Lastly, this final rule adds a new paragraph c to the Note 
to paragraph d to specify that gas turbines, for liquid propellant 
turbopumps, with shaft speeds equal to or greater than 8,000 rpm at the 
maximum operating mode are also controlled under 9A106.d. The changes 
will result in an expansion of the control parameter, so this change is 
expected to result in an increase of 1-2 applications received annually 
by BIS.
    ECCN 9A110. This final rule revises the heading of ECCN 9A110. 
(Category II: Item 6.A.1., CCL Conforming Change to MTCR Annex). Prior 
to publication of this final rule, the heading of 9A110 included 
references to several ECCNs that are ``subject to the ITAR'' that 
themselves refer to the USML. The heading structure of 9A110 was 
slightly convoluted and difficult to understand. Therefore, this final 
rule revises the heading of 9A110 to make the control parameter simpler 
and clearer. The revisions do not change the scope of control of 9A110. 
These revisions to the heading of 9A110, and the additions of 9A604.f 
and 9A610.t described below, will better reflect the control text of 
the MTCR Annex with the added benefits of being simpler and easier to 
understand, in particular for where composite materials for commercial 
UAVs (under 9A110) are classified on the CCL and where composite 
materials for military UAVs (under 9A604.f and 9A610.t) are classified 
on the CCL. This change to 9A110 is not expected to have any impact on 
the number of license applications received by BIS.
    ECCN 9A604. This final rule adds a new paragraph .f in the List of 
Items Controlled section. (Category II: Item 6.A.1., CCL Conforming 
Change to MTCR Annex). Paragraph f will control composite structures, 
laminates and manufactures thereof ``specially designed'' for the items 
controlled under USML Category IV that are specified in paragraphs f.1-
f.7. Such commodities previously were classified under ECCN 9A604.x. 
This final rule adds a new paragraph f to allow a clearer 
identification of these commodities and for the designation of MT 
license requirements. This final rule also revises the ``MT'' control 
in the Reason for Control paragraph in the License Requirements section 
to add 9A604.f to the MT control. This addition of 9A604.f is made for 
consistency with the MTCR Annex. Those composite structures, laminates 
and manufactures thereof ``specially designed'' for items controlled 
under USML IV but that do not meet the MTCR thresholds remain 
controlled under 9A604.x. This change is not expected to have any 
impact on the number of license applications received by BIS.
    ECCN 9A610. This final rule adds a new paragraph t in the List of 
Items Controlled section. (Category II: Item 6.A.1., CCL Conforming 
Change to MTCR Annex). Paragraph t will control composite structures, 
laminates and manufacturers thereof ``specially designed'' for unmanned 
aerial vehicles controlled under USML Category VIII(a) with a range 
equal to or greater than 300 km. Such commodities previously were 
classified under ECCNs 9A610.x. This final rule adds new paragraph t to 
allow a clearer identification of these commodities and also for 
consistency with the MTCR Annex. This final rule also makes two 
conforming changes in the Reason for Control paragraph in the License 
Requirements section. First, this final rule revises the ``NS'' control 
in the Reason for Control paragraph in the License Requirements section 
to add the new 9A610.t to the list of 9A610 commodities that are not 
subject to the ``NS'' control. Second, this final rule revises the 
``MT'' control in the Reason for Control paragraph in the License 
Requirements section to add 9A610.t to the MT control. Lastly, this 
final rule revises the Related Control in the List of Items Controlled 
section to remove Related Controls paragraph (2) because it is no 
longer needed due to the revisions made to 9A110, 9A604 and 9A610. BIS 
evaluated whether adding a Related Controls reference in 9A110 to 
9A604.f and 9A610.t would be helpful, but decided it was not needed 
because the CCL Order of Review in Supplement No. 4 to part 774 already 
directs persons to review the 9x515 and ``600 series'' ECCNs prior to 
reviewing other ECCNs on the CCL. This change is not expected to have 
any impact on the number of license applications received by BIS.

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 April 7, 2015, 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 May 7, 2015. Any such items not actually 
exported or reexported before midnight, on May 7, 2015, require a 
license in accordance with this rule.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 7, 2014, 79 FR 46959 (August 11, 2014),

[[Page 18524]]

has continued the Export Administration Regulations in effect under the 
International Emergency Economic Powers Act. BIS continues to carry out 
the provisions of the Export Administration Act, as appropriate and to 
the extent permitted by law, pursuant to Executive Order 13222.

Regulatory Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, 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 rule has been determined to be significant for 
purposes of Executive Order 12866.
    2. 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 
collections previously approved by OMB under control number 0694-0088, 
Simplified Network Application Processing System, which includes, among 
other things, license applications and carries a burden estimate of 
43.8 minutes for a manual or electronic submission. Total burden hours 
associated with the PRA and OMB control number 0694-0088 are expected 
to increase slightly as a result of this rule. You may send comments 
regarding the collection of information associated with this rule, 
including suggestions for reducing the burden, 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.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (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 regulation 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 34 member countries that act on a 
consensus basis and the changes set forth in this rule implement 
agreements reached by MTCR member countries at the September and 
October 2014 Plenary in Oslo, Norway and at the 2014 Technical Experts 
Meeting in Prague, Czech Republic Since the United States is a 
significant exporter of the items in this rule, implementation of this 
provision is necessary for the MTCR to achieve its purpose. Moreover, 
it is in the public interest to waive the notice and comment 
requirements, as any delay in implementing this rule will disrupt the 
movement of affected items globally because of 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. If this rulemaking were delayed to allow for notice and 
comment and a 30 day delay in effectiveness, it 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 may impair the international 
communities' ability to effectively control the export of certain 
potentially national- and international-security-threatening materials.
    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. Therefore, this regulation is issued in final form.

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 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 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; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 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 7, 2014, 79 FR 46959 (August 11, 2014).

0
2. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms'' and ``Toxins,'' Export Control Classification Number 
(ECCN) 1C111 is amended:
0
a. By revising the introductory text of ``items'' paragraph a.1 in the 
List of Items Controlled section;
0
b. By revising the Technical Note to ``items'' paragraph b.5 in the 
List of Items Controlled section; and
0
c. By revising ``items'' paragraphs d.7, d.14, and d.18 in the List of 
Items Controlled section to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *

1C111 Propellants and Constituent Chemicals for Propellants, Other Than 
Those Specified in 1C011, as Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
    a. * * *
    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 percent of 
the total weight is made up of particles of less than 63 [micro]m, 
according to ISO 2591-1:1988 or national equivalents.
* * * * *
    b. * * *
* * * * *
    b.5. * * *

    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).

* * * * *
    d. * * *
* * * * *
    d.7. N,N diallylhydrazine (CAS 5164-11-4);
* * * * *
    d.14. Hydrazinium dinitrate (CAS 13464-98-7);
* * * * *

[[Page 18525]]

    d.18. Methylhydrazine nitrate (MHN) (CAS 29674-96-2);
* * * * *

0
3. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 3--Electronics, Export Control Classification Number (ECCN) 
3A101 is amended by revising ``items'' paragraphs a.2.a and a.2.b in 
the List of Items Controlled section to read as follows:

3A101 Electronic Equipment, Devices, ``Parts'' and ``Components,'' 
Other Than Those Controlled by 3A001, as Follows (See List of Items 
Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    a. * * *
    a.2.a. Analog-to-digital converter microcircuits which are 
radiation-hardened or have all of the following characteristics:
    a.2.a.1. Rated for operation in the temperature range from below -
54[deg]C to above +125[deg]C; and
    a.2.a.2. Hermetically sealed; or
    a.2.b. Electrical input type analog-to-digital converter printed 
circuit boards or modules, having all of the following characteristics:
    a.2.b.1. Rated for operation in the temperature range from below -
45[deg]C to above +80[deg]C; and
    a.2.b.2. Incorporating microcircuits identified in 3A101.a.2 .a;
* * * * *

0
4. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A106 is amended by revising ``items'' paragraph d, 
including the Note to paragraph d, in the List of Items Controlled 
section to read as follows:

9A106 Systems, ``Parts'' or ``Components,'' Other Than Those Controlled 
by 9A006, Usable in ``Missiles'', and ``Specially Designed'' for Liquid 
Rocket Propulsion Systems, as Follows (See List of Items Controlled).

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    d. Liquid, slurry and gel propellant (including oxidizers) control 
systems, and ``specially designed'' ``parts'' and ``components'' 
therefor, designed or modified to operate in vibration environments 
greater than 10 g rms between 20 Hz and 2000 Hz.

    Note: The only servo valves, pumps and gas turbines controlled 
by 9A106.d, are the following:
    a. Servo valves designed for flow rates equal to or greater than 
24 liters per minute, at an absolute pressure equal to or greater 
than 7 MPa, that have an actuator response time of less than 100 ms;
    b. Pumps, for liquid propellants, with shaft speeds equal to or 
greater than 8,000 rpm at the maximum operating mode or with 
discharge pressures equal to or greater than 7 Mpa; or
    c. Gas turbines, for liquid propellant turbopumps, with shaft 
speeds equal to or greater than 8,000 rpm at the maximum operating 
mode.

* * * * *

0
5. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A110 is amended:
0
a. By revising the heading; and
0
b. By revising the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

9A110 Composite Structures, Laminates and Manufactures Thereof 
``Specially Designed'' for 9A012 Items That are Controlled for MT 
Reasons.

* * * * *

List of Items Controlled

    Related Controls: See also 1A002.
* * * * *

0
6. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A604 is amended:
0
a. By revising the third entry in the License Requirements table; and
0
b. By adding items paragraph f. to the List of Items Controlled section 
to read as follows:

9A604 Commodities Related to Launch Vehicles, Missiles, and Rockets 
(See List of Items Controlled).

License Requirements

    Reason for Control: * * *

------------------------------------------------------------------------
                                         Country chart  (see Supp. No. 1
               Control(s)                          to part 738)
------------------------------------------------------------------------
 
                                * * * * *
MT applies to 9A604.a, .c, .d, and .f..  MT Column 1.
 
                                * * * * *...............................
------------------------------------------------------------------------

* * * * *

List of Items Controlled

* * * * *
    Items:
* * * * *
    f. Composite structures, laminates and manufactures thereof 
``specially designed'' for the following items controlled under USML 
Category IV:
    f.1. Systems capable of a range equal to or greater than 300 km;
    f.2. Individual rocket stages usable in 9A604.f.1. systems;
    f.3. Solid propellant rocket motors or hybrid rocket motors having 
a total impulse capacity equal to or greater than 8.41 x 10\5\ Ns; or
    f.4. Liquid propellant rocket engines integrated, or designed or 
modified to be integrated, into a liquid propellant propulsion system 
which has a total impulse capacity equal to or greater than 8.41 x 
10\5\ Ns.
    f.5. Thrust vector control systems usable in rockets, space launch 
vehicles (SLVs), and missiles capable of delivering at least a 500 kg 
payload to a range of at least 300 km.
    f.6. Re-entry vehicles or warhead heat shields usable in rockets, 
SLVs, and missiles capable of delivering at least a 500 kg payload to a 
range of at least 300 km.
    f.7. Safing, arming, fuzing, and firing components usable in 
rockets, SLVs, and missiles capable of delivering at least a 500 kg 
payload to a range of at least 300 km.
* * * * *

0
7. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, Export Control Classification 
Number (ECCN) 9A610 is amended:
0
a. By revising the first and third entries in the License Requirements 
table; and
0
b. By adding ``items'' paragraph t to the List of Items Controlled 
section 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: * * *

------------------------------------------------------------------------
                                         Country chart  (see Supp. No. 1
               Control(s)                          to part 738)
------------------------------------------------------------------------
NS applies to entire entry except        NS Column 1.
 9A610.t, .u, .v, .w, and .y.
 
                                * * * * *
MT applies to 9A610.t, .u, .v, and .w..  MT Column 1.
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

[[Page 18526]]

List of Items Controlled

* * * * *
    Items:
* * * * *
    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.
* * * * *

     Dated: April 1, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-07872 Filed 4-6-15; 8:45 am]
BILLING CODE CODE 3510-33-P



                                              18522                Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations

                                                 * * *                                                policy (the Guidelines) that member                   number 2591, so the ISO standard
                                                Issued in Washington, DC, on April 1,                 countries implement in accordance with                correctly reads ‘‘ISO 2591–1:1988.’’
                                              2015.                                                   their national export controls. The                   (MTCR Annex Change, Category II: Item
                                              Gary A. Norek,                                          MTCR seeks to limit the risk of                       4.C.2.c., Prague 2014 TEM). This change
                                              Manager, Airspace Policy and Regulations
                                                                                                      proliferation of weapons of mass                      is not expected to have any impact on
                                              Group.                                                  destruction by controlling exports of                 the number of license applications
                                                                                                      goods and technologies that could make                received by BIS.
                                              [FR Doc. 2015–08005 Filed 4–6–15; 8:45 am]
                                                                                                      a contribution to delivery systems (other                ECCN 1C111. This final rule also
                                              BILLING CODE CODE 4910–13–P
                                                                                                      than manned aircraft) for such weapons.               amends ECCN 1C111 by revising the
                                                                                                         In 1992, the MTCR’s original focus on              Technical Note to paragraph b.5 and
                                                                                                      missiles for nuclear weapons delivery                 paragraphs d.7, d.14 and d.18 in the List
                                              DEPARTMENT OF COMMERCE                                  was expanded to include the                           of Items Controlled section to add CAS
                                                                                                      proliferation of missiles for the delivery            (Chemical Abstracts Service) Numbers.
                                              Bureau of Industry and Security                         of all types of weapons of mass                       CAS Numbers are a numerical identifier
                                                                                                      destruction (WMD), i.e., nuclear,                     assigned by the Chemical Abstracts
                                              15 CFR Part 774                                         chemical and biological weapons. Such                 Service (CAS) to every chemical
                                              [Docket No. 141204999–5186–01]                          proliferation has been identified as a                substance described in the open
                                                                                                      threat to international peace and                     scientific literature, including organic
                                              RIN 0694–AG41
                                                                                                      security. One way to counter this threat              and inorganic compounds, minerals,
                                              Revisions to the Export Administration                  is to maintain vigilance over the transfer            isotopes and alloys. The inclusion of
                                              Regulations Based on the 2014 Missile                   of missile equipment, material, and                   CAS Numbers will make it easier to
                                              Technology Control Regime Plenary                       related technologies usable for systems               identify the materials controlled under
                                              Agreements                                              capable of delivering WMD. MTCR                       these ‘‘items’’ paragraphs of 1C111.
                                                                                                      members voluntarily pledge to adopt the               Specifically, this final rule revises the
                                              AGENCY:  Bureau of Industry and                         regime’s export Guidelines and to                     Technical Note to paragraph b.5 to add
                                              Security, Commerce.                                     restrict the export of items contained in             the CAS Number ‘‘(CAS 110–63–4)’’
                                              ACTION: Final rule.                                     the regime’s Annex. The regime’s                      after the material ‘‘poly 1,4-Butanediol’’
                                                                                                      Guidelines are implemented through the                and the CAS Number ‘‘(CAS 25322–68–
                                              SUMMARY:   The Bureau of Industry and                   national export control laws, regulations             3)’’ after the material ‘‘polyethylene
                                              Security (BIS) is amending the Export                   and policies of the regime members.                   glycol (PEG).’’ (MTCR Annex Change,
                                              Administration Regulations (EAR) to                                                                           Category II: Item 4.C.5.g., Oslo 2014
                                              reflect changes to the Missile                          Amendments to the Export
                                                                                                                                                            Plenary). This final rule revises
                                              Technology Control Regime (MTCR)                        Administration Regulations
                                                                                                                                                            paragraph d.7 to add the CAS Number
                                              Annex that were agreed to by MTCR                          This final rule revises the EAR to                 ‘‘(CAS 5164–11–4)’’ after ‘‘N,N
                                              member countries at the September and                   reflect changes to the MTCR Annex                     diallylhydrazine.’’ (MTCR Annex
                                              October 2014 Plenary in Oslo, Norway,                   agreed to at the September and October                Change, Category II: Item 4.C.2.b.6.,
                                              and pursuant to the 2014 Technical                      2014 Plenary in Oslo, Norway and                      Oslo 2014 Plenary). This final rule
                                              Experts Meeting in Prague, Czech                        pursuant to the 2014 Technical Experts                revises paragraph d.14 to add the CAS
                                              Republic. This rule also makes                          Meeting in Prague, Czech Republic.                    Number ‘‘(CAS 13464–98–7)’’ after the
                                              conforming changes to correlate the                     Corresponding MTCR Annex references                   material ‘‘Hydrazinium dinitrate.’’
                                              Commerce Control List (CCL)                             are provided below for the MTCR                       (MTCR Annex Change, Category II: Item
                                              (Supplement No. 1 to Part 774 of the                    Annex changes agreed to at the                        4.C.2.b.13., Oslo 2014 Plenary). Lastly,
                                              EAR) with the current MTCR Annex.                       meetings. This rule also makes three                  this final rule revises paragraph d.18 to
                                              This final rule revises six Export Control              conforming changes to correlate the                   add the CAS Number ‘‘(CAS 29674–96–
                                              Classification Numbers (ECCNs) to                       Commerce Control List (CCL)                           2)’’ after the material ‘‘Methylhydrazine
                                              implement the changes that were agreed                  (Supplement No. 1 to Part 774 of the                  nitrate (MHN).’’ (MTCR Annex Change,
                                              to at the meetings and to better align the              EAR) with the current MTCR Annex.                     Category II: Item 4.C.2.b.18., Oslo 2014
                                              MT controls on the CCL with the MTCR                    These conforming changes are made to                  Plenary). These changes are not
                                              Annex.                                                  better align the MT controls on the CCL               expected to have any impact on the
                                              DATES: This rule is effective April 7,                  with the MTCR Annex. In the                           number of license applications received
                                              2015.                                                   explanation below for the revisions                   by BIS.
                                                                                                      made in this rule, BIS identifies these                  ECCN 3A101. This final rule revises
                                              FOR FURTHER INFORMATION CONTACT:                                                                              paragraph a.2.a to remove paragraph
                                                                                                      changes as follows: ‘‘Oslo 2014
                                              Sharon Bragonje, Nuclear and Missile                    Plenary,’’ ‘‘Prague 2014 TEM,’’ and                   a.2.a.1 and revises paragraph a.2.b to
                                              Technology Controls Division, Bureau                    ‘‘CCL Conforming Change to MTCR                       remove paragraph a.2.b.1 in the List of
                                              of Industry and Security, Phone: (202)                  Annex’’ to assist the public in                       Items Controlled section because the
                                              482–0434; Email: sharon.bragonje@                       understanding the origin of each change               quantization requirement was removed
                                              bis.doc.gov.                                            included in this final rule.                          in the MTCR Annex. This final rule also
                                              SUPPLEMENTARY INFORMATION:                                 Specifically, the following six ECCNs              redesignates paragraph a.2.a.2 as new
                                                                                                      are affected by the changes set forth in              paragraph a.2.a.1, and paragraph a.2.a.3
                                              Background                                              this final rule:                                      as new paragraph a.2.a.2 as a
                                                The MTCR is an export control                            ECCN 1C111. This final rule amends                 conforming change to the removal of
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                                              arrangement among 34 nations,                           ECCN 1C111 by revising paragraph a.1                  items paragraph a.2.a.1. This final rule
                                              including most of the world’s suppliers                 in the List of Items Controlled section to            also redesignates paragraph a.2.b.2 as
                                              of advanced missiles and missile-related                correct an omission error in the ISO                  new paragraph a.2.b.1 and paragraph
                                              equipment, materials, software and                      standard referenced in order to                       a.2.b.3 as new paragraph a.2.b.2 as a
                                              technology. The regime establishes a                    reference the proper standard.                        conforming change to the removal of
                                              common list of controlled items (the                    Specifically, this final rule adds a dash             paragraph a.2.b.1. (MTCR Annex
                                              Annex) and a common export control                      and the number one ‘‘–1’’ after the                   Change, Category II: Item 14.A.1.,


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                                                                   Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations                                          18523

                                              Prague 2014 TEM). Paragraphs a.2.a and                     ECCN 9A110. This final rule revises                with a range equal to or greater than 300
                                              a.2.b are being revised to correspond                   the heading of ECCN 9A110. (Category                  km. Such commodities previously were
                                              with advances in technology. MTCR                       II: Item 6.A.1., CCL Conforming Change                classified under ECCNs 9A610.x. This
                                              partners agreed it was no longer                        to MTCR Annex). Prior to publication of               final rule adds new paragraph t to allow
                                              necessary to specify that the analogue-                 this final rule, the heading of 9A110                 a clearer identification of these
                                              to-digital converters have an 8 bit                     included references to several ECCNs                  commodities and also for consistency
                                              quantization, as most microcircuits will                that are ‘‘subject to the ITAR’’ that                 with the MTCR Annex. This final rule
                                              have this capability. Those at 8 bits or                themselves refer to the USML. The                     also makes two conforming changes in
                                              above will remain controlled by ECCN                    heading structure of 9A110 was slightly               the Reason for Control paragraph in the
                                              3A001.a.5.a., while the revised 3A101.a                 convoluted and difficult to understand.               License Requirements section. First, this
                                              will cover those less than 8-bits.                      Therefore, this final rule revises the                final rule revises the ‘‘NS’’ control in the
                                              Although this change expands the scope                  heading of 9A110 to make the control                  Reason for Control paragraph in the
                                              of the 3A101, this change is not                        parameter simpler and clearer. The                    License Requirements section to add the
                                              expected to have any impact on the                      revisions do not change the scope of                  new 9A610.t to the list of 9A610
                                              number of license applications received                 control of 9A110. These revisions to the              commodities that are not subject to the
                                              by BIS because very few microcircuits                   heading of 9A110, and the additions of                ‘‘NS’’ control. Second, this final rule
                                              are currently classified under this                     9A604.f and 9A610.t described below,                  revises the ‘‘MT’’ control in the Reason
                                              ECCN.                                                   will better reflect the control text of the           for Control paragraph in the License
                                                 ECCN 9A106. This final rule revises                  MTCR Annex with the added benefits of                 Requirements section to add 9A610.t to
                                              paragraph d and the Note to paragraph                   being simpler and easier to understand,               the MT control. Lastly, this final rule
                                              d in the List of Items Controlled section.              in particular for where composite                     revises the Related Control in the List of
                                              (MTCR Annex Change, Category II: Item                   materials for commercial UAVs (under                  Items Controlled section to remove
                                              3.A.5., Oslo 2014 Plenary). This final                  9A110) are classified on the CCL and                  Related Controls paragraph (2) because
                                              rule revises ‘‘items’’ paragraph d by                   where composite materials for military                it is no longer needed due to the
                                              removing the term ‘‘and’’ and then                      UAVs (under 9A604.f and 9A610.t) are                  revisions made to 9A110, 9A604 and
                                              adding the phrase ‘‘and gel’’ before the                classified on the CCL. This change to                 9A610. BIS evaluated whether adding a
                                              term ‘‘propellant.’’ Paragraph d, as a                  9A110 is not expected to have any                     Related Controls reference in 9A110 to
                                              result of this change, will now control                 impact on the number of license                       9A604.f and 9A610.t would be helpful,
                                              liquid, slurry and gel propellant control               applications received by BIS.                         but decided it was not needed because
                                                                                                         ECCN 9A604. This final rule adds a                 the CCL Order of Review in Supplement
                                              systems. These changes to paragraph d
                                                                                                      new paragraph .f in the List of Items                 No. 4 to part 774 already directs persons
                                              are being made to better control the
                                                                                                      Controlled section. (Category II: Item                to review the 9x515 and ‘‘600 series’’
                                              components of propellant control
                                                                                                      6.A.1., CCL Conforming Change to                      ECCNs prior to reviewing other ECCNs
                                              systems, as well as to clarify how the
                                                                                                      MTCR Annex). Paragraph f will control                 on the CCL. This change is not expected
                                              parameters are applied in the context of
                                                                                                      composite structures, laminates and                   to have any impact on the number of
                                              9A106. The term ‘‘gel’’ needs to be
                                                                                                      manufactures thereof ‘‘specially                      license applications received by BIS.
                                              added to the control parameter of
                                                                                                      designed’’ for the items controlled
                                              9A106.d because gel is not technically                                                                        Savings Clause
                                                                                                      under USML Category IV that are
                                              a slurry. Therefore, in order to ensure                 specified in paragraphs f.1–f.7. Such                    Shipments of items removed from
                                              that all of the intended propellant                     commodities previously were classified                eligibility for a License Exception or
                                              control systems are adequately                          under ECCN 9A604.x. This final rule                   export or reexport without a license
                                              described under this paragraph d, the                   adds a new paragraph f to allow a                     (NLR) as a result of this regulatory
                                              term ‘‘gel’’ needs to be added.                         clearer identification of these                       action that were on dock for loading, on
                                                 Also in ECCN 9A106, this final rule                  commodities and for the designation of                lighter, laden aboard an exporting or
                                              revises the Note to paragraph d to delete               MT license requirements. This final rule              reexporting carrier, or enroute aboard a
                                              the term ‘‘and’’ in the introductory text               also revises the ‘‘MT’’ control in the                carrier to a port of export or reexport, on
                                              and to add the phrase ‘‘and gas                         Reason for Control paragraph in the                   April 7, 2015, pursuant to actual orders
                                              turbines’’ after the term ‘‘pumps’’ to                  License Requirements section to add                   for export or reexport to a foreign
                                              clarify only servo valves, pumps and gas                9A604.f to the MT control. This                       destination, may proceed to that
                                              turbines that are specified under                       addition of 9A604.f is made for                       destination under the previous
                                              paragraphs a, b or c are classified under               consistency with the MTCR Annex.                      eligibility for a License Exception or
                                              9A106.d. In addition, this final rule                   Those composite structures, laminates                 export or reexport without a license
                                              clarifies the scope of the Note to                      and manufactures thereof ‘‘specially                  (NLR) so long as they are exported or
                                              paragraph d by adding the phrase ‘‘at                   designed’’ for items controlled under                 reexported before May 7, 2015. Any
                                              the maximum operating mode’’ after the                  USML IV but that do not meet the                      such items not actually exported or
                                              control parameter 8,000 rpm to add                      MTCR thresholds remain controlled                     reexported before midnight, on May 7,
                                              greater specificity for how to apply this               under 9A604.x. This change is not                     2015, require a license in accordance
                                              control parameter. Lastly, this final rule              expected to have any impact on the                    with this rule.
                                              adds a new paragraph c to the Note to                   number of license applications received
                                              paragraph d to specify that gas turbines,                                                                     Export Administration Act
                                                                                                      by BIS.
                                              for liquid propellant turbopumps, with                     ECCN 9A610. This final rule adds a                   Although the Export Administration
                                              shaft speeds equal to or greater than                   new paragraph t in the List of Items                  Act expired on August 20, 2001, the
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                                              8,000 rpm at the maximum operating                      Controlled section. (Category II: Item                President, through Executive Order
                                              mode are also controlled under                          6.A.1., CCL Conforming Change to                      13222 of August 17, 2001, 3 CFR, 2001
                                              9A106.d. The changes will result in an                  MTCR Annex). Paragraph t will control                 Comp., p. 783 (2002), as amended by
                                              expansion of the control parameter, so                  composite structures, laminates and                   Executive Order 13637 of March 8,
                                              this change is expected to result in an                 manufacturers thereof ‘‘specially                     2013, 78 FR 16129 (March 13, 2013) and
                                              increase of 1–2 applications received                   designed’’ for unmanned aerial vehicles               as extended by the Notice of August 7,
                                              annually by BIS.                                        controlled under USML Category VIII(a)                2014, 79 FR 46959 (August 11, 2014),


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                                              18524                Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations

                                              has continued the Export                                implementation of these amendments                      Authority: 50 U.S.C. app. 2401 et seq.; 50
                                              Administration Regulations in effect                    fulfills the United States’ international             U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.
                                              under the International Emergency                       commitments to the MTCR. The MTCR                     7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
                                                                                                                                                            seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u);
                                              Economic Powers Act. BIS continues to                   contributes to international peace and
                                                                                                                                                            42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C.
                                              carry out the provisions of the Export                  security by promoting greater                         1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22
                                              Administration Act, as appropriate and                  responsibility in transfers of missile                U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.
                                              to the extent permitted by law, pursuant                technology items that could make a                    13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
                                              to Executive Order 13222.                               contribution to delivery systems (other               228; E.O. 13222, 66 FR 44025, 3 CFR, 2001
                                                                                                      than manned aircraft) for weapons of                  Comp., p. 783; Notice of August 7, 2014, 79
                                              Regulatory Requirements                                                                                       FR 46959 (August 11, 2014).
                                                                                                      mass destruction. The MTCR consists of
                                                 1. Executive Orders 13563 and 12866                  34 member countries that act on a                     ■  2. In Supplement No. 1 to part 774
                                              direct agencies to assess all costs and                 consensus basis and the changes set                   (the Commerce Control List), Category
                                              benefits of available regulatory                        forth in this rule implement agreements               1—Special Materials and Related
                                              alternatives and, if regulation is                      reached by MTCR member countries at                   Equipment, Chemicals,
                                              necessary, to select regulatory                         the September and October 2014                        ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export
                                              approaches that maximize net benefits                   Plenary in Oslo, Norway and at the 2014               Control Classification Number (ECCN)
                                              (including potential economic,                          Technical Experts Meeting in Prague,                  1C111 is amended:
                                              environmental, public health and safety                 Czech Republic Since the United States                ■ a. By revising the introductory text of
                                              effects, distribute impacts, and equity).               is a significant exporter of the items in             ‘‘items’’ paragraph a.1 in the List of
                                              Executive Order 13563 emphasizes the                    this rule, implementation of this                     Items Controlled section;
                                              importance of quantifying both costs                    provision is necessary for the MTCR to                ■ b. By revising the Technical Note to
                                              and benefits, of reducing costs, of                     achieve its purpose. Moreover, it is in               ‘‘items’’ paragraph b.5 in the List of
                                              harmonizing rules, and of promoting                     the public interest to waive the notice               Items Controlled section; and
                                              flexibility. This rule has been                         and comment requirements, as any                      ■ c. By revising ‘‘items’’ paragraphs d.7,
                                              determined to be significant for                        delay in implementing this rule will                  d.14, and d.18 in the List of Items
                                              purposes of Executive Order 12866.                      disrupt the movement of affected items                Controlled section to read as follows:
                                                 2. Notwithstanding any other
                                                                                                      globally because of disharmony between                Supplement No. 1 to Part 774—The
                                              provision of law, no person may be
                                                                                                      export control measures implemented                   Commerce Control List
                                              required to respond to or be subject to
                                                                                                      by MTCR members. Export controls
                                              a penalty for failure to comply with a                                                                        *        *   *     *     *
                                                                                                      work best when all countries implement
                                              collection of information, subject to the
                                                                                                      the same export controls in a timely                  1C111 Propellants and Constituent
                                              requirements of the Paperwork
                                              Reduction Act of 1995 (44 U.S.C. 3501                   manner. If this rulemaking were delayed               Chemicals for Propellants, Other Than
                                              et seq.) (PRA), unless that collection of               to allow for notice and comment and a                 Those Specified in 1C011, as Follows
                                              information displays a currently valid                  30 day delay in effectiveness, it would               (See List of Items Controlled).
                                              Office of Management and Budget                         prevent the United States from fulfilling             *        *   *     *     *
                                              (OMB) Control Number. This regulation                   its commitment to the MTCR in a timely
                                                                                                      manner, would injure the credibility of               List of Items Controlled
                                              involves collections previously
                                              approved by OMB under control                           the United States in this and other                   *     *     *      *     *
                                              number 0694–0088, Simplified Network                    multilateral regimes, and may impair                    Items:
                                              Application Processing System, which                    the international communities’ ability to               a. * * *
                                              includes, among other things, license                   effectively control the export of certain               a.1. Spherical or spheroidal
                                              applications and carries a burden                       potentially national- and international-              aluminum powder (C.A.S. 7429–90–5)
                                              estimate of 43.8 minutes for a manual or                security-threatening materials.                       in particle size of less than 200 × 10¥6
                                              electronic submission. Total burden                        Further, no other law requires that a              m (200 mm) and an aluminum content
                                              hours associated with the PRA and                       notice of proposed rulemaking and an                  of 97% by weight or more, if at least 10
                                              OMB control number 0694–0088 are                        opportunity for public comment be                     percent of the total weight is made up
                                              expected to increase slightly as a result               given for this final rule. Because a                  of particles of less than 63 mm,
                                              of this rule. You may send comments                     notice of proposed rulemaking and an                  according to ISO 2591–1:1988 or
                                              regarding the collection of information                 opportunity for public comment are not                national equivalents.
                                              associated with this rule, including                    required to be given for this rule under              *     *     *      *     *
                                              suggestions for reducing the burden, to                 the Administrative Procedure Act or by                  b. * * *
                                              Jasmeet K. Seehra, Office of                            any other law, the analytical                         *     *     *      *     *
                                              Management and Budget (OMB), by                         requirements of the Regulatory                          b.5. * * *
                                              email to Jasmeet_K._Seehra@                             Flexibility Act (5 U.S.C. 601 et seq.) are
                                                                                                                                                              Technical Note: Polytetrahydrofuran
                                              omb.eop.gov, or by fax to (202) 395–                    not applicable. Therefore, this                       polyethylene glycol (TPEG) is a block
                                              7285.                                                   regulation is issued in final form.                   copolymer of poly 1,4-Butanediol (CAS 110–
                                                 3. This rule does not contain policies               List of Subjects in 15 CFR Part 774                   63–4) and polyethylene glycol (PEG) (CAS
                                              with Federalism implications as that                                                                          25322–68–3).
                                              term is defined under E.O. 13132.                         Exports, Reporting and recordkeeping
                                                 4. The provisions of the                             requirements.                                         *     *    *     *    *
                                              Administrative Procedure Act (5 U.S.C.                                                                          d. * * *
                                                                                                        Accordingly, part 774 of the Export
                                                                                                                                                            *     *    *     *    *
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                                              553) requiring notice of proposed                       Administration Regulations (15 CFR
                                              rulemaking, the opportunity for public                                                                          d.7. N,N diallylhydrazine (CAS 5164–
                                                                                                      parts 730–774) is amended as follows:
                                              participation, and a delay in effective                                                                       11–4);
                                              date, are inapplicable because this                     PART 774—[AMENDED]                                    *     *    *     *    *
                                              regulation involves a military and                                                                              d.14. Hydrazinium dinitrate (CAS
                                              foreign affairs function of the United                  ■ 1. The authority citation for 15 CFR                13464–98–7);
                                              States (5 U.S.C. 553(a)(1)). Immediate                  part 774 continues to read as follows:                *     *    *     *    *


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                                                                   Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations                                                               18525

                                                 d.18. Methylhydrazine nitrate (MHN)                  environments greater than 10 g rms                                   Items:
                                              (CAS 29674–96–2);                                       between 20 Hz and 2000 Hz.                                        *      *     *     *     *
                                              *     *     *    *    *                                   Note: The only servo valves, pumps and                             f. Composite structures, laminates and
                                              ■ 3. In Supplement No. 1 to part 774                    gas turbines controlled by 9A106.d, are the                       manufactures thereof ‘‘specially
                                              (the Commerce Control List), Category                   following:                                                        designed’’ for the following items
                                                                                                        a. Servo valves designed for flow rates                         controlled under USML Category IV:
                                              3—Electronics, Export Control                           equal to or greater than 24 liters per minute,
                                              Classification Number (ECCN) 3A101 is                                                                                        f.1. Systems capable of a range equal
                                                                                                      at an absolute pressure equal to or greater                       to or greater than 300 km;
                                              amended by revising ‘‘items’’                           than 7 MPa, that have an actuator response
                                              paragraphs a.2.a and a.2.b in the List of                                                                                    f.2. Individual rocket stages usable in
                                                                                                      time of less than 100 ms;
                                              Items Controlled section to read as                       b. Pumps, for liquid propellants, with shaft                    9A604.f.1. systems;
                                                                                                      speeds equal to or greater than 8,000 rpm at                         f.3. Solid propellant rocket motors or
                                              follows:
                                                                                                      the maximum operating mode or with                                hybrid rocket motors having a total
                                              3A101 Electronic Equipment, Devices,                    discharge pressures equal to or greater than                      impulse capacity equal to or greater
                                              ‘‘Parts’’ and ‘‘Components,’’ Other Than                7 Mpa; or                                                         than 8.41 × 105 Ns; or
                                              Those Controlled by 3A001, as Follows                     c. Gas turbines, for liquid propellant                             f.4. Liquid propellant rocket engines
                                              (See List of Items Controlled).                         turbopumps, with shaft speeds equal to or                         integrated, or designed or modified to be
                                                                                                      greater than 8,000 rpm at the maximum                             integrated, into a liquid propellant
                                              *      *     *       *      *                           operating mode.
                                                                                                                                                                        propulsion system which has a total
                                              List of Items Controlled                                *     *     *     *     *                                         impulse capacity equal to or greater
                                              *      *     *     *    *                               ■ 5. In Supplement No. 1 to part 774                              than 8.41 × 105 Ns.
                                                 Items:                                               (the Commerce Control List), Category                                f.5. Thrust vector control systems
                                                                                                      9—Aerospace and Propulsion, Export                                usable in rockets, space launch vehicles
                                              *      *     *     *    *                                                                                                 (SLVs), and missiles capable of
                                                 a. * * *                                             Control Classification Number (ECCN)
                                                                                                      9A110 is amended:                                                 delivering at least a 500 kg payload to
                                                 a.2.a. Analog-to-digital converter
                                                                                                      ■ a. By revising the heading; and                                 a range of at least 300 km.
                                              microcircuits which are radiation-                                                                                           f.6. Re-entry vehicles or warhead heat
                                                                                                      ■ b. By revising the Related Controls
                                              hardened or have all of the following                                                                                     shields usable in rockets, SLVs, and
                                              characteristics:                                        paragraph in the List of Items Controlled
                                                                                                      section to read as follows:                                       missiles capable of delivering at least a
                                                 a.2.a.1. Rated for operation in the
                                                                                                                                                                        500 kg payload to a range of at least 300
                                              temperature range from below ¥54°C to                   9A110 Composite Structures,                                       km.
                                              above +125°C; and                                       Laminates and Manufactures Thereof                                   f.7. Safing, arming, fuzing, and firing
                                                 a.2.a.2. Hermetically sealed; or                     ‘‘Specially Designed’’ for 9A012 Items                            components usable in rockets, SLVs,
                                                 a.2.b. Electrical input type analog-to-              That are Controlled for MT Reasons.                               and missiles capable of delivering at
                                              digital converter printed circuit boards
                                                                                                      *           *      *          *          *                        least a 500 kg payload to a range of at
                                              or modules, having all of the following
                                                                                                                                                                        least 300 km.
                                              characteristics:                                        List of Items Controlled
                                                 a.2.b.1. Rated for operation in the                                                                                    *      *     *     *     *
                                                                                                         Related Controls: See also 1A002.                              ■ 7. In Supplement No. 1 to part 774
                                              temperature range from below ¥45°C to
                                              above +80°C; and                                        *     *     *     *     *                                         (the Commerce Control List), Category
                                                 a.2.b.2. Incorporating microcircuits                 ■ 6. In Supplement No. 1 to part 774                              9—Aerospace and Propulsion, Export
                                              identified in 3A101.a.2 .a;                             (the Commerce Control List), Category                             Control Classification Number (ECCN)
                                              *      *     *     *    *                               9—Aerospace and Propulsion, Export                                9A610 is amended:
                                                                                                      Control Classification Number (ECCN)                              ■ a. By revising the first and third
                                              ■ 4. In Supplement No. 1 to part 774
                                                                                                      9A604 is amended:                                                 entries in the License Requirements
                                              (the Commerce Control List), Category                   ■ a. By revising the third entry in the                           table; and
                                              9—Aerospace and Propulsion, Export                      License Requirements table; and                                   ■ b. By adding ‘‘items’’ paragraph t to
                                              Control Classification Number (ECCN)                    ■ b. By adding items paragraph f. to the                          the List of Items Controlled section to
                                              9A106 is amended by revising ‘‘items’’                  List of Items Controlled section to read                          read as follows:
                                              paragraph d, including the Note to                      as follows:
                                              paragraph d, in the List of Items                                                                                         9A610 Military Aircraft and Related
                                              Controlled section to read as follows:                  9A604 Commodities Related to                                      Commodities, Other Than Those
                                                                                                      Launch Vehicles, Missiles, and Rockets                            Enumerated in 9A991.a (See List of
                                              9A106 Systems, ‘‘Parts’’ or                             (See List of Items Controlled).                                   Items Controlled).
                                              ‘‘Components,’’ Other Than Those
                                              Controlled by 9A006, Usable in                          License Requirements                                              License Requirements
                                              ‘‘Missiles’’, and ‘‘Specially Designed’’                  Reason for Control: * * *                                         Reason for Control: * * *
                                              for Liquid Rocket Propulsion Systems,
                                              as Follows (See List of Items                                                                           Country chart                                            Country chart
                                              Controlled).                                                            Control(s)                     (see Supp. No.                  Control(s)               (see Supp. No.
                                                                                                                                                      1 to part 738)                                           1 to part 738)
                                              *      *     *       *      *
                                                                                                                                                                         NS applies to entire entry           NS Column 1.
                                              List of Items Controlled                                  *          *       *                          *       *           except 9A610.t, .u, .v,
                                                                                                      MT applies to 9A604.a, .c,                    MT Column 1.          .w, and .y.
                                              *      *    *     *    *
                                                                                                       .d, and .f.
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                                                 Items:
                                                                                                                                                                           *          *        *                *       *
                                              *      *    *     *    *                                      *               *              *           *          *      MT applies to 9A610.t, .u,           MT Column 1.
                                                 d. Liquid, slurry and gel propellant                                                                                     .v, and .w.
                                              (including oxidizers) control systems,                  *           *      *          *          *
                                              and ‘‘specially designed’’ ‘‘parts’’ and                                                                                      *            *            *         *        *
                                              ‘‘components’’ therefor, designed or                    List of Items Controlled
                                              modified to operate in vibration                        *           *      *          *          *                        *        *      *         *       *


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                                              18526                Federal Register / Vol. 80, No. 66 / Tuesday, April 7, 2015 / Rules and Regulations

                                              List of Items Controlled                                document makes corrections to the per-                           incorporation by reference of certain
                                              *     *    *     *    *                                 acre values for the State of Alaska in the                       provisions of the Federal prevention of
                                                Items:                                                final rule published in the Federal                              significant deterioration (PSD)
                                                                                                      Register on January 20, 2015 (80 FR                              permitting rules that have been vacated
                                              *     *    *     *    *
                                                                                                      2591).                                                           by a Federal Court. As a result of this
                                                t. Composite structures, laminates and
                                                                                                                                                                       action, the Idaho SIP is updated to
                                              manufactures thereof ‘‘specially                        List of Subjects in 18 CFR Part 11
                                                                                                                                                                       incorporate by reference certain Federal
                                              designed’’ for unmanned aerial vehicles                   Public lands.                                                  regulations as of July 1, 2013.
                                              controlled under USML Category VIII(a)
                                              with a range equal to or greater than 300                 Accordingly, 18 CFR part 11 is                                 DATES: This final rule is effective on
                                              km.                                                     corrected by making the following                                May 7, 2015.
                                                                                                      correcting amendments:                                           ADDRESSES: The EPA has established a
                                              *     *    *     *    *
                                                                                                                                                                       docket for this action under Docket
                                                Dated: April 1, 2015.                                 PART 11—ANNUAL CHARGES UNDER
                                                                                                                                                                       Identification No. EPA–R10–OAR–
                                              Kevin J. Wolf,                                          PART I OF THE FEDERAL POWER ACT
                                                                                                                                                                       2014–0477. All documents in the docket
                                              Assistant Secretary for Export                                                                                           are listed on the http://
                                                                                                      ■ 1. The authority citation for Part 11
                                              Administration.                                                                                                          www.regulations.gov Web site. Although
                                                                                                      continues to read as follows:
                                              [FR Doc. 2015–07872 Filed 4–6–15; 8:45 am]                                                                               listed in the index, some information
                                                                                                        Authority: 16 U.S.C. 792–828c; 42 U.S.C.
                                              BILLING CODE CODE 3510–33–P
                                                                                                      7101–7352.
                                                                                                                                                                       may not be publicly available, i.e.,
                                                                                                                                                                       Confidential Business Information or
                                                                                                      ■ 2. Amend Appendix A to Part 11 by                              other information the disclosure of
                                              DEPARTMENT OF ENERGY                                    revising the entries for Alaska to read as                       which is restricted by statute. Certain
                                                                                                      follows:                                                         other material, such as copyrighted
                                              Federal Energy Regulatory                               Appendix A to Part 11—Fee Schedule                               material, is not placed on the Internet
                                              Commission                                              for FY 2015                                                      and will be publicly available only in
                                                                                                                                                                       hard copy form. Publicly available
                                              18 CFR Part 11                                                                                                  Fee/     docket materials are available either
                                                                                                          State                    County
                                              [Docket No. RM11–6–000]                                                                                        Acre Yr   electronically through http://
                                                                                                                                                                       www.regulations.gov or in hard copy at
                                              Annual Update to Fee Schedule for the                                                                                    EPA Region 10, Office of Air, Waste,
                                                                                                         *              *          *               *           *
                                              Use of Government Lands by                                                                                               and Toxics, AWT–150, 1200 Sixth
                                                                                                      Alaska          Aleutian Islands Area ......            $1.58
                                              Hydropower Licensees                                                    Anchorage Area ..............           33.28    Avenue, Seattle, Washington 98101. The
                                                                                                                      Fairbanks Area ................         19.49    EPA requests that you contact the
                                              AGENCY:  Federal Energy Regulatory                                                                                       person listed in the FOR FURTHER
                                                                                                                      Juneau Area ....................        33.28
                                              Commission, DOE.                                                                                                         INFORMATION CONTACT section to
                                                                                                                      Kenai Peninsula ..............          33.28
                                              ACTION: Correcting amendments.                                          All Areas ..........................     9.81    schedule your inspection. The Regional
                                              SUMMARY:   The Federal Energy                                                                                            Office’s official hours of business are
                                                                                                            *           *             *            *           *       Monday through Friday, 8:30 a.m. to
                                              Regulatory Commission published a
                                              document in the Federal Register on                                                                                      4:30 p.m., excluding Federal holidays.
                                              Tuesday, January 20, 2015 (80 FR 2591),                   Issued: March 30, 2015.                                        FOR FURTHER INFORMATION CONTACT:
                                              providing the annual update to the fee                  Kimberly D. Bose,                                                Donna Deneen at (206) 553–6706,
                                              schedule in Appendix A to Part 11,                      Secretary.                                                       deneen.donna@epa.gov, or by using the
                                              which lists per-acre rental fees by                     [FR Doc. 2015–07927 Filed 4–6–15; 8:45 am]                       above EPA, Region 10 address.
                                              county (or other geographic area) for use               BILLING CODE CODE 6717–01–P                                      SUPPLEMENTARY INFORMATION:
                                              of government lands by hydropower                                                                                        Throughout this document wherever
                                              licensees and updating Appendix A to                                                                                     ‘‘we,’’ ‘‘us’’ or ‘‘our’’ is used, it is
                                              Part 11 with the fee schedule of per-acre               ENVIRONMENTAL PROTECTION                                         intended to refer to the EPA.
                                              rental fees by county (or other                         AGENCY                                                           Table of Contents
                                              geographic area) from October 1, 2014,
                                              through September 30, 2015 (Fiscal Year                 40 CFR Part 52                                                   I. Background
                                              2015).                                                                                                                   II. Final Action
                                                                                                      [EPA–R10–OAR–2014–0477; FRL–9925–77–                             III. Incorporation by Reference
                                              DATES: Effective April 7, 2015.                         Region 10]                                                       IV. Statutory and Executive Order Reviews
                                              FOR FURTHER INFORMATION CONTACT:
                                              Norman Richardson, Financial                            Approval and Promulgation of                                     I. Background
                                              Management Division, Office of the                      Implementation Plans; Idaho                                        In a notice of proposed rulemaking
                                              Executive Director, Federal Energy                      AGENCY:        Environmental Protection                          published on January 7, 2015 (80 FR
                                              Regulatory Commission, 888 First Street                 Agency.                                                          834), the EPA proposed action on
                                              NE., Washington, DC 20426, (202) 502–                   ACTION:Final rule.                                               revisions to the Idaho SIP to account for
                                              6219, Norman.Richardson@ferc.gov.                                                                                        regulatory updates adopted by the Idaho
                                              SUPPLEMENTARY INFORMATION: This is a                    SUMMARY:   The Environmental Protection                          Board of Environmental Quality on
                                              summary of FERC’s Errata Notice,                        Agency (EPA) is taking final action to                           October 17, 2013 and submitted to the
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                                              issued on March 30, 2015.                               partially approve the May 22, 2014,                              EPA on May 22, 2014. Please see our
                                                 On January 8, 2015, the Commission                   State Implementation Plan (SIP)                                  January 7, 2015, proposed rulemaking
                                              issued a Final Rule in the above-                       submittal from Idaho to revise the SIP                           for further explanation of the revisions
                                              captioned proceeding. Annual Update                     to update the incorporation by reference                         and the basis for our proposal to
                                              to Fee Schedule for the Use of                          of Federal air quality regulations into                          partially approve and partially
                                              Government Lands by Hydropower                          the SIP. The EPA is also taking final                            disapprove the May 22, 2014, SIP
                                              License, 150 FERC ¶ 62,012 (2015). This                 action to partially disapprove Idaho’s                           submittal from Idaho. The public


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Document Created: 2018-02-21 10:05:23
Document Modified: 2018-02-21 10:05:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective April 7, 2015.
ContactSharon Bragonje, Nuclear and Missile Technology Controls Division, Bureau of Industry and Security, Phone: (202) 482-0434; Email: [email protected]
FR Citation80 FR 18522 
RIN Number0694-AG41
CFR AssociatedExports and Reporting and Recordkeeping Requirements

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