80_FR_34688 80 FR 34572 - Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories XIV and XVIII

80 FR 34572 - Amendment to the International Traffic in Arms Regulations: Revision of U.S. Munitions List Categories XIV and XVIII

DEPARTMENT OF STATE

Federal Register Volume 80, Issue 116 (June 17, 2015)

Page Range34572-34579
FR Document2015-14472

As part of the President's Export Control Reform effort, the Department of State proposes to amend the International Traffic in Arms Regulations (ITAR) to revise Categories XIV (toxicological agents, including chemical agents, biological agents, and associated equipment) and XVIII (directed energy weapons) of the U.S. Munitions List (USML) to describe more precisely the articles warranting control on the USML. The revisions contained in this rule are part of the Department of State's retrospective plan under E.O. 13563 completed on August 17, 2011. The Department of State's full plan can be accessed at http:// www.state.gov/documents/organization/181028.pdf.

Federal Register, Volume 80 Issue 116 (Wednesday, June 17, 2015)
[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34572-34579]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14472]


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DEPARTMENT OF STATE

22 CFR Part 121

RIN 1400-AD03
[Public Notice: 9166]


Amendment to the International Traffic in Arms Regulations: 
Revision of U.S. Munitions List Categories XIV and XVIII

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: As part of the President's Export Control Reform effort, the 
Department of State proposes to amend the International Traffic in Arms 
Regulations (ITAR) to revise Categories XIV (toxicological agents, 
including chemical agents, biological agents, and associated equipment) 
and XVIII (directed energy weapons) of the U.S. Munitions List (USML) 
to describe more precisely the articles warranting control on the USML. 
The revisions contained in this rule are part of the Department of 
State's retrospective plan under E.O. 13563 completed on August 17, 
2011. The Department of State's full plan can be accessed at http://www.state.gov/documents/organization/181028.pdf.

DATES: The Department of State will accept comments on this proposed 
rule until August 17, 2015.

ADDRESSES: Interested parties may submit comments within 60 days of the 
date of publication by one of the following methods:
     Email: DDTCPublicComments@state.gov with the subject line, 
``ITAR Amendment--Categories XIV and XVIII.''
     Internet: At www.regulations.gov, search for this proposed 
rule by using this rule's RIN (1400-AD03).
    Comments received after that date will be considered if feasible, 
but consideration cannot be assured. Those submitting comments should 
not include any personally identifying information they do not wish to 
be made public or information for which a claim of confidentiality is 
asserted because those comments and/or transmittal emails will be made 
available for public inspection and copying after the close of the 
comment period via the Directorate of Defense Trade Controls Web site 
at www.pmddtc.state.gov. Parties who wish to comment anonymously may do 
so by submitting their comments via www.regulations.gov, leaving the 
fields that would identify the commenter blank and including no 
identifying information in the comment itself. Comments submitted via 
www.regulations.gov are immediately available for public inspection.

FOR FURTHER INFORMATION CONTACT: Mr. C. Edward Peartree, Director, 
Office of Defense Trade Controls Policy, Department of State, telephone 
(202) 663-2792; email DDTCPublicComments@state.gov. ATTN: ITAR 
Amendment--USML Categories XIV and XVIII.

SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls 
(DDTC), U.S. Department of State, administers the International Traffic 
in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to 
the jurisdiction of the ITAR, i.e., ``defense articles,'' are 
identified on the ITAR's U.S. Munitions List (USML) (22 CFR 121.1). 
With few exceptions, items not subject to the export control 
jurisdiction of the ITAR are subject to the jurisdiction of the Export 
Administration Regulations (``EAR,'' 15 CFR parts 730-774, which 
includes the Commerce Control List (CCL) in Supplement No. 1 to Part 
774), administered by the Bureau of Industry and Security (BIS), U.S. 
Department of Commerce. Both the ITAR and the EAR impose license 
requirements on exports and reexports. Items not subject to the ITAR or 
to the exclusive licensing jurisdiction of any other set of regulations 
are subject to the EAR.

Revision of Category XIV

    This proposed rule revises USML Category XIV, covering 
toxicological agents, including chemical agents, biological agents, and 
associated equipment. The revisions are proposed in order to advance 
the national security objectives of greater interoperability with U.S. 
allies, enhancing the defense industrial base, and permitting the U.S. 
government to focus its resources on transactions of greater concern. 
Additionally, the revisions are intended to more accurately describe 
the articles within the subject categories, in order to establish a 
``bright line'' between the USML and the CCL for the control of these 
articles.
    This proposed rule implements changes consistent with the 
requirements of Executive Order 13546 on Optimizing the Security of 
Biological Select Agents and Toxins in the United States, which 
includes direction to address variations in, and limited coordination 
of, individual executive departments' and agencies' oversight that add 
to the cost and complexity of compliance. It also directs a risk-based 
tiering of the biological select agent list. As a result, the proposed 
control language in paragraph (b) adopts the ``Tier 1'' pathogens and 
toxins established in the Department of Health and Human Services and 
the United States Department of Agriculture select agent regulations 
(42 CFR part 73 and 9 CFR 121) for those pathogens and toxins that meet 
specific capabilities listed in paragraph (b). The Tier 1 pathogens and 
toxins that do not meet these capabilities remain controlled in Export 
Control Classification Number (ECCN) 1C351 or 1C352 on the CCL.
    Additionally, this rule, in concert with the analogous proposed 
rule published by the Department of

[[Page 34573]]

Commerce, proposes the movement of riot control agents to the export 
jurisdiction of the Department of Commerce, as well as the articles 
covered currently in paragraphs (j), (k), and (l), which include test 
facilities, equipment for the destruction of chemical and biological 
agents, and tooling for production of articles in paragraph (f), 
respectively.
    Other changes include the addition of paragraph (a)(5) to control 
chemical warfare agents ``adapted for use in war'' and not elsewhere 
enumerated, as well as the removal of paragraphs (f)(3) and (f)(6) and 
movement to the CCL of equipment for the sample collection and 
decontamination or remediation of chemical agents and biological 
agents. Paragraph (f)(5) for collective protection was removed and 
partially combined in (f)(4) or the CCL. Proposed paragraph (g) 
enumerates antibodies, recombinant protective antigens, 
polynucleotides, biopolymers, or biocatalysts exclusively funded by a 
Department of Defense contract for detection of the biological agents 
listed in paragraph (b)(1)(ii).
    The Department notes that the controls in paragraph (f)(2) that 
include the phrase ``developed under a Department of Defense contract 
or other funding authorization'' do not apply when the Department of 
Defense acts solely as a servicing agency for a contract on behalf of 
another agency of the U.S. government.
    The Department notes that the controls in paragraphs (g)(1) and (h) 
that include the phrase ``exclusively funded by a Department of Defense 
contract'' do not apply when the Department of Defense acts solely as a 
servicing agency for a contract on behalf of another agency of the U.S. 
government, or, for example, in cases where the Department of Defense 
provides initial funding for the development of an item but another 
agency of the U.S. government provides funding to further develop or 
adapt the item.
    Proposed paragraph (h) enumerates certain vaccines funded 
exclusively by the Department of Defense, as well as certain vaccines 
controlled in (h)(2) that are specially designed for the sole purpose 
of protecting against biological agents and biologically derived 
substances identified in (b). Thus, the scope of vaccines controlled in 
(h)(2) is circumscribed by the nature of funding, the satisfaction of 
the term ``specially designed'' as that term is defined in ITAR Sec.  
120.41, and the limitations in (b) that control only those biological 
agents and biologically derived substances meeting specific criteria. 
In evaluating the scope of this control, please note that the 
Department offers a decision tool to aid exporters in determining 
whether a defense article meets the definition of ``specially 
designed.'' This tool is available at http://www.pmddtc.state.gov/licensing/dt_SpeciallyDesigned.htm.
    Proposed revised paragraph (i) is updated to provide better clarity 
on the scope of the control by including examples of Department of 
Defense tools that are used to determine or estimate potential effects 
of chemical or biological weapons strikes and incidents in order to 
plan to mitigate their impacts.
    A new paragraph (x) has been added to USML Category XIV, allowing 
ITAR licensing on behalf of the Department of Commerce for commodities, 
software, and technology subject to the EAR provided those commodities, 
software, and technology are to be used in or with defense articles 
controlled in USML Category XIV and are described in the purchase 
documentation submitted with the application. The intent of paragraph 
(x) is not to impose ITAR jurisdiction on commodities, software, and 
technology subject to EAR controls.
    Finally, the rule proposes to only control on the USML chemical or 
biological agent detectors when they contain Department of Defense 
reagents, spectra, algorithms, databases, etc.

Revision of Category XVIII

    This proposed rule revises USML Category XVIII, covering directed 
energy weapons. As with USML Category XIV, the revisions are proposed 
in order to advance the national security objectives set forth above 
and to more accurately describe the articles within the subject 
categories, in order to establish a ``bright line'' between the USML 
and the CCL for the control of these articles. A change proposed in 
this rule would revise paragraph (a) to control only those items that 
satisfy the paragraph's definition of ``directed energy weapon,'' which 
focuses on the sole or primary purpose of the article in order to 
exclude those items that might achieve the same effect in an 
incidental, accidental, or collateral manner.
    The articles controlled currently in paragraphs (c) and (d) would 
move to the export control jurisdiction of the Department of Commerce.
    The remaining paragraphs in this category would undergo conforming 
changes to bring their structures into alignment with the analogous 
provisions found in other revised USML categories.

Request for Comments

    The proposed revisions to the USML will control items in normal 
commercial use and on the Wassenaar Arrangement's Dual Use List. The 
Department welcomes the assistance of users of the lists and requests 
input on the following:
    (1) A key goal of this rulemaking is to ensure the USML and the CCL 
together control all the items that meet Wassenaar Arrangement 
commitments embodied in Munitions List Categories 7 (WA-ML7) and 19 
(WA-ML19). The public is therefore asked to identify any potential lack 
of coverage brought about by the proposed rules for Categories XIV and 
XVIII contained in this proposed rule and the new Category 1 and 
Category 6 ECCNs published separately by the Department of Commerce 
when reviewed together.
    (2) Another key goal of this rulemaking is to identify items 
proposed for control on the USML or the CCL that are not controlled on 
the Wassenaar Arrangement's Munitions or Dual Use List. The public is 
therefore asked to identify any potential expansion of coverage brought 
about by the proposed rules for Categories XIV and XVIII contained in 
this proposed rule and the new Category 1 and Category 6 ECCNs 
published separately by the Department of Commerce when reviewed 
together.
    (3) A third key goal of this rulemaking is to establish a ``bright 
line'' between the USML and the CCL for the control of these materials. 
The public is asked to provide specific examples of toxicological 
agents, including chemical agents, biological agents, and associated 
equipment, as well as directed energy weapons, whose jurisdiction would 
be in doubt based on this revision. The public is also asked to comment 
on whether there is a sufficiently clear line drawn between the 
biological items proposed for control by USML Category XIV(b) and those 
proposed for control under the CCL.
    (4) Although the proposed revisions to the USML do not preclude the 
possibility that items in normal commercial use would or should be 
ITAR-controlled because, e.g., they provide the United States with a 
critical military or intelligence advantage, the U.S. government does 
not want to inadvertently control items on the ITAR that are in normal 
commercial use. Items that would be controlled on the USML in this 
proposed rule have been identified as possessing parameters or 
characteristics that provide a critical military or intelligence 
advantage. The public is thus asked to provide specific examples of 
items, or associated technical data, if any, that would be controlled 
in the revised USML Categories XIV or XVIII that are now in normal 
commercial use, or that are

[[Page 34574]]

commonly used or produced in civilian scientific laboratories. The 
examples should demonstrate actual commercial or civilian scientific 
use, not just potential or theoretical use, with supporting documents, 
as well as foreign availability of such items. Additionally, for any 
criteria the public believes control items in normal commercial or 
civilian scientific use, the public is asked to identify parameters or 
characteristics that cover items exclusively or primarily in military 
use. Finally, for any criteria the public believes control items in 
normal commercial use, the public is asked to identify the multilateral 
controls (such as the Wassenaar Arrangement's Dual Use List), if any, 
for such items, and the consequences of such items being controlled on 
the USML.
    (5) The public is asked to provide comment on the proposed 
definition of ``non-naturally occurring'' in Note 2 to Category XIV(b), 
if the proposed definition does not appear to be comprehensive. The 
public is also asked to comment on ``non-naturally occurring'' in the 
context of genetic modification and consider whether the definition is 
sufficient to distinguish military or intelligence purposes from 
commercial or civilian purposes.
    (6) The public is asked to provide specific examples of reagents 
that may be inadvertently controlled by Category XIV(b), XIV(f), 
XIV(g), or XIV(m), that are commonly used for scientific research and 
development, or medical countermeasures that may similarly be 
inadvertently controlled and the dissemination of which would be in the 
interest of public health or medical preparedness.
    (7) The public is asked to specifically evaluate and comment on the 
decision process outlined in the proposed rule that would be used to 
determine whether vaccines that are intended to be developed and used 
to protect public and veterinary health against any event resulting 
from exposure to naturally occurring or non-naturally occurring 
pathogens or toxins is sufficiently clear to allow research and 
commercial entities to determine whether a vaccine would 
unintentionally be captured under this rule. Please provide specific 
examples that demonstrate how the proposed rule would prevent or hinder 
the ability to develop or utilize vaccines for public health or 
veterinary benefit under this proposed language and decision process.
    (8) In the interest of ensuring the security of and control over 
certain types of chemical and biological detection equipment, Category 
XIV(f)(2) could incidentally impose ITAR controls on certain civilian 
and public health equipment containing the items listed in paragraph 
(f)(2). Accordingly, as proposed, paragraph (f)(2) may control 
detection equipment that may not warrant ITAR control, but contains 
items that are fully or partially Defense-funded. The Department 
requests comment from the public, including specific examples of 
equipment that the public believes may be unintentionally controlled by 
this text by virtue of Defense funding.
    In addition, the Department acknowledges that some members of the 
public may not be able comment meaningfully on this matter because they 
lack full awareness of items that have previously been fully or 
partially developed under Defense funding. To the extent that 
commenters require specific additional information about the scope of 
Defense funding in certain contexts, the Department requests that 
commenters identify any relevant gaps in knowledge.

Regulatory Analysis and Notices

Administrative Procedure Act

    The Department of State is of the opinion that controlling the 
import and export of defense articles and services is a foreign affairs 
function of the United States Government and that rules implementing 
this function are exempt from sections 553 (Rulemaking) and 554 
(Adjudications) of the Administrative Procedure Act. Although the 
Department is of the opinion that this rule is exempt from the 
rulemaking provisions of the APA, the Department is publishing this 
rule with a 60-day provision for public comment and without prejudice 
to its determination that controlling the import and export of defense 
services is a foreign affairs function. As noted above, and also 
without prejudice to the Department position that this rulemaking is 
not subject to the APA, the Department previously published a related 
Advance Notice of Proposed Rulemaking (RIN 1400-AC78) on December 10, 
2010 (75 FR 76935), and accepted comments for 60 days.

Regulatory Flexibility Act

    Since the Department is of the opinion that this rule is exempt 
from the rulemaking provisions of 5 U.S.C. 553, it does not require 
analysis under the Regulatory Flexibility Act.

Unfunded Mandates Reform Act of 1995

    This proposed amendment does not involve a mandate that will result 
in the expenditure by State, local, and tribal governments, in the 
aggregate, or by the private sector, of $100 million or more in any 
year and it will not significantly or uniquely affect small 
governments. Therefore, no actions were deemed necessary under the 
provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

    This proposed amendment has been found not to be a major rule 
within the meaning of the Small Business Regulatory Enforcement 
Fairness Act of 1996.

Executive Orders 12372 and 13132

    This proposed amendment will not have substantial direct effects on 
the States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, in accordance with Executive 
Order 13132, it is determined that this proposed amendment does not 
have sufficient federalism implications to require consultations or 
warrant the preparation of a federalism summary impact statement. The 
regulations implementing Executive Order 12372 regarding 
intergovernmental consultation on Federal programs and activities do 
not apply to this proposed amendment.

Executive Order 12866 and 13563

    Executive Orders 12866 and 13563 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, distributed 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 designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 12988

    The Department of State has reviewed the proposed amendment in 
light of sections 3(a) and 3(b)(2) of Executive Order 12988 to 
eliminate ambiguity, minimize litigation, establish clear legal 
standards, and reduce burden.

[[Page 34575]]

Executive Order 13175

    The Department of State has determined that this rulemaking will 
not have tribal implications, will not impose substantial direct 
compliance costs on Indian tribal governments, and will not preempt 
tribal law. Accordingly, Executive Order 13175 does not apply to this 
rulemaking.

Paperwork Reduction Act

    Following is a listing of approved collections that will be 
affected by revision of the U.S. Munitions List (USML) and the Commerce 
Control List pursuant to the President's Export Control Reform (ECR) 
initiative. This rule continues the implementation of ECR. The list of 
collections and the description of the manner in which they will be 
affected pertains to revision of the USML in its entirety, not only to 
the categories published in this rule. In accordance with the Paperwork 
Reduction Act, the Department of State will request comment on these 
collections from all interested persons. In particular, the Department 
will seek comment on changes to licensing burden based on 
implementation of regulatory changes pursuant to ECR, and on projected 
changes based on continued implementation of regulatory changes 
pursuant to ECR. The affected information collections are as follows:
    (1) Statement of Registration, DS-2032, OMB No. 1405-0002. The 
Department estimates that between 3,000 and 5,000 of currently-
registered persons will not need to maintain registration following 
full revision of the USML. This would result in a burden reduction of 
between 6,000 and 10,000 hours annually, based on a revised time burden 
of two hours to complete a Statement of Registration.
    (2) Application/License for Permanent Export of Unclassified 
Defense Articles and Related Unclassified Technical Data, DSP-5, OMB 
No. 1405-0003. The Department estimates that there will be 35,000 fewer 
DSP-5 submissions annually following full revision of the USML. This 
would result in a burden reduction of 35,000 hours annually.
    (3) Application/License for Temporary Import of Unclassified 
Defense Articles, DSP-61, OMB No. 1405-0013. The Department estimates 
that there will be 200 fewer DSP-61 submissions annually following full 
revision of the USML. This would result in a burden reduction of 100 
hours annually.
    (4) Application/License for Temporary Export of Unclassified 
Defense Articles, DSP-73, OMB No. 1405-0023. The Department estimates 
that there will be 800 fewer DSP-73 submissions annually following full 
revision of the USML. This would result in a burden reduction of 800 
hours annually.
    (5) Application for Amendment to License for Export or Import of 
Classified or Unclassified Defense Articles and Related Technical Data, 
DSP-6, -62, -74, -119, OMB No. 1405-0092. The Department estimates that 
there will be 2,000 fewer amendment submissions annually following full 
revision of the USML. This would result in a burden reduction of 1,000 
hours annually.
    (6) Request for Approval of Manufacturing License Agreements, 
Technical Assistance Agreements, and Other Agreements, DSP-5, OMB No. 
1405-0093. The Department estimates that there will be 1,000 fewer 
agreement submissions annually following full revision of the USML. 
This would result in a burden reduction of 2,000 hours annually.
    (7) Maintenance of Records by Registrants, OMB No. 1405-0111. The 
requirement to actively maintain records pursuant to provisions of the 
International Traffic in Arms Regulations (ITAR) will decline 
commensurate with the drop in the number of persons who will be 
required to register with the Department pursuant to the ITAR. As 
stated above, the Department estimates that up to 5,000 of the 
currently-registered persons will not need to maintain registration 
following full revision of the USML. This would result in a burden 
reduction of 100,000 hours annually. However, the ITAR does provide for 
the maintenance of records for a period of five years. Therefore, 
persons newly relieved of the requirement to register with the 
Department may still be required to maintain records.

List of Subjects in 22 CFR Part 121

    Arms and munitions, Exports.

    Accordingly, for the reasons set forth above, Title 22, Chapter I, 
Subchapter M, part 121 is proposed to be amended as follows:

PART 121--THE UNITED STATES MUNITIONS LIST

0
1. The authority citation for part 121 continues to read as follows:

    Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744 (22 
U.S.C. 2752, 2778, 2797); 22 U.S.C. 2651a; Pub. L. 105-261, 112 
Stat. 1920; Section 1261, Pub. L. 112-239; E.O. 13637, 78 FR 16129.

0
2. Section 121.1 is amended by revising U.S. Munitions List Categories 
XIV and XVIII to read as follows:


Sec.  121.1  The United States Munitions List.

* * * * *

Category XIV--Toxicological Agents, Including Chemical Agents, 
Biological Agents, and Associated Equipment

    *(a) Chemical agents, to include:
    (1) Nerve agents, as follows:
    (i) O-Alkyl (equal to or less than C10, including 
cycloalkyl) alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphonofluoridates, such as: Sarin (GB): O-Isopropyl 
methylphosphonofluoridate (CAS 107-44-8) (CWC Schedule 1A); and Soman 
(GD): O-Pinacolyl methylphosphonofluoridate (CAS 96-64-0) (CWC Schedule 
1A);
    (ii) O-Alkyl (equal to or less than C10, including 
cycloalkyl) N,N-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphoramidocyanidates, such as: Tabun (GA): O-Ethyl N, N-
dimethylphosphoramidocyanidate (CAS 77-81-6) (CWC Schedule 1A); or
    (iii) O-Alkyl (H or equal to or less than C10, including 
cycloalkyl) S-2-dialkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
aminoethyl alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) 
phosphonothiolates and corresponding alkylated and protonated salts, 
such as VX: O-Ethyl S-2-diisopropylaminoethyl methyl phosphonothiolate 
(CAS 50782-69-9) (CWC Schedule 1A);
    (2) Amiton: O,O-Diethyl S-[2(diethylamino)ethyl] phosphorothiolate 
and corresponding alkylated or protonated salts (CAS 78-53-5) (CWC 
Schedule 2A);
    (3) Vesicant agents, as follows:
    (i) Sulfur mustards, such as: 2-Chloroethylchloromethylsulfide (CAS 
2625-76-5) (CWC Schedule 1A); Bis(2-chloroethyl)sulfide (HD) (CAS 505-
60-2) (CWC Schedule 1A); Bis(2-chloroethylthio)methane (CAS 63839-13-6) 
(CWC Schedule 1A); 1,2-bis (2-chloroethylthio)ethane (CAS 3563-36-8) 
(CWC Schedule 1A); 1,3-bis (2-chloroethylthio)-n-propane (CAS 63905-10-
2) (CWC Schedule 1A); 1,4-bis (2-chloroethylthio)-n-butane (CWC 
Schedule 1A); 1,5-bis (2-chloroethylthio)-n-pentane (CWC Schedule 1A); 
Bis (2-chloroethylthiomethyl)ether (CWC Schedule 1A); Bis (2-
chloroethylthioethyl)ether (CAS 63918-89-8) (CWC Schedule 1A);
    (ii) Lewisites, such as: 2-chlorovinyldichloroarsine (CAS 541-25-3) 
(CWC Schedule 1A); Tris (2-chlorovinyl) arsine (CAS 40334-70-1) (CWC 
Schedule 1A); Bis (2-chlorovinyl) chloroarsine (CAS 40334-69-8) (CWC 
Schedule 1A);
    (iii) Nitrogen mustards, or their protonated salts, as follows:

[[Page 34576]]

    (A) HN1: bis (2-chloroethyl) ethylamine (CAS 538-07-8) (CWC 
Schedule 1A);
    (B) HN2: bis (2-chloroethyl) methylamine (CAS 51-75-2) (CWC 
Schedule 1A);
    (C) HN3: tris (2-chloroethyl) amine (CAS 555-77-1) (CWC Schedule 
1A); or
    (D) Other nitrogen mustards, or their salts, having a propyl, 
isopropyl, butyl, isobutyl, or tertiary butyl group on the bis(2-
chloroethyl) amine base;

    Note 1 to paragraph (a)(3)(iii): Pharmaceutical formulations 
containing nitrogen mustards or certain reference standards for 
these formulations are not considered to be chemical agents and are 
subject to the EAR when: 1) the pharmaceutical is in the form of a 
final medical product, or 2) the reference standard contains salts 
of HN2 [bis(2-chloroethyl) methylamine], the quantity to be shipped 
is 150 milligrams or less, and individual shipments do not exceed 
twelve per calendar year per end user.


    Note 2 to paragraph (a)(3)(iii): A ``final medical product,'' as 
used in this paragraph, is a pharmaceutical formulation that is (1) 
designed for testing and administration in the treatment of human 
medical conditions, (2) prepackaged for distribution as a clinical 
or medical product, and (3) approved by the Food and Drug 
Administration to be marketed as a clinical or medical product or 
for use as an ``Investigational New Drug'' (IND) (see 21 CFR part 
312)

    (iv) Ethyldichloroarsine (ED) (CAS 598-14-1); or
    (v) Methyldichloroarsine (MD) (CAS 593-89-5);
    (4) Incapacitating agents, such as:
    (i) 3-Quinuclindinyl benzilate (BZ) (CAS 6581-06-2) (CWC Schedule 
2A);
    (ii) Diphenylchloroarsine (DA) (CAS 712-48-1); or
    (iii) Diphenylcyanoarsine (DC) (CAS 23525-22-6);
    (5) Chemical warfare agents not enumerated above adapted for use in 
war to produce casualties in humans or animals, degrade equipment, or 
damage crops or the environment. (See the CCL at ECCNs 1C350, 1C355, 
and 1C395 for control of certain chemicals not adapted for use in war.)
    Note to paragraph (a)(5): ``Adapted for use in war'' means any 
modification or selection (such as altering purity, shelf life, 
dissemination characteristics, or resistance to ultraviolet radiation) 
designed to increase the effectiveness in producing casualties in 
humans or animals, degrading equipment, or damaging crops or the 
environment.

    Note 1 to paragraph (a): Paragraph (a) of this category does not 
include the following: Cyanogen chloride, Hydrocyanic acid, 
Chlorine, Carbonyl chloride (Phosgene), Ethyl bromoacetate, Xylyl 
bromide, Benzyl bromide, Benzyl iodide, Chloro acetone, Chloropicrin 
(trichloronitromethane), Fluorine, and Liquid pepper.


    Note 2 to paragraph (a): Regarding U.S. obligations under the 
Chemical Weapons Convention (CWC), refer to Chemical Weapons 
Convention Regulations (CWCR) (15 CFR parts 710 through 722). As 
appropriate, the CWC schedule is provided to assist the exporter.

    *(b) Biological agents and biologically derived substances and 
genetic elements thereof as follows:
    (1) Genetically modified biological agents:
    (i) Having non-naturally occurring genetic modifications which 
result in an increase in any of the following:
    (A) Persistence in a field environment (e.g., resistance to oxygen, 
UV damage, temperature extremes, or arid conditions); or
    (B) The ability to defeat or overcome standard detection methods, 
personnel protection, natural or acquired host immunity, host immune 
response, or response to standard medical countermeasures; and
    (ii) Being any micro-organisms/toxins or their non-naturally 
occurring genetic elements as listed below:
    (A) Bacillus anthracis;
    (B) Botulinum neurotoxin producing species of Clostridium;
    (C) Burkholderia mallei;
    (D) Burkholderia pseudomallei;
    (E) Ebola virus;
    (F) Foot-and-mouth disease virus;
    (G) Francisella tularensis;
    (H) Marburg virus;
    (I) Variola major virus (Smallpox virus);
    (J) Variola minor virus (Alastrim);
    (K) Yersinia pestis; or
    (L) Rinderpest virus.
    (2) Biological agent or biologically derived substances controlled 
in ECCNs 1C351, 1C352, 1C353, or 1C354:
    (i) Physically modified, formulated, or produced as any of the 
following:
    (A) 1--10 micron particle size;
    (B) Particle-absorbed or combined with nano-particles;
    (C) Having coatings/surfactants, or
    (D) By microencapsulation; and
    (ii) Meeting the criteria of paragraph (b)(2)(i) of this category 
in a manner that results in an increase in any of the following:
    (A) Persistence in a field environment (e.g., resistant to oxygen, 
UV damage, temperature extremes, or arid conditions);
    (B) Dispersal characteristics (e.g., reduce the susceptibility to 
shear forces, optimize electrostatic charges); or
    (C) The ability to defeat or overcome: standard detection methods, 
personnel protection, natural or acquired host immunity, or response to 
standard medical countermeasures.

    Note 1 to paragraph (b):  Non-naturally occurring means that the 
modification has not already been observed in nature, was not 
discovered from samples obtained from nature, and was developed with 
human intervention.


    Note 2 to paragraph (b): This paragraph does not control 
biological agents or biologically derived substances, when these 
agents or substances have been demonstrated to be attenuated 
relative to natural pathogenic isolates, and are incapable of 
causing disease or intoxication of ordinarily affected and relevant 
species (e.g., humans, livestock, crop plants) due to the 
attenuation of virulence or pathogenic factors. This paragraph also 
does not control genetic elements, nucleic acids, or nucleic acid 
sequences (whether recombinant or synthetic) that are unable to 
produce or direct the biosynthesis of infectious or functional forms 
of the biological agents or biologically derived substances that are 
capable of causing disease or intoxication of ordinarily affected 
and relevant species.


    Note 3 to paragraph (b): Biological agents or biologically 
derived substances that meet both paragraphs (b)(1) and (b)(2) of 
this category are controlled in paragraph (b)(1).

    *(c) Chemical agent binary precursors and key precursors, as 
follows:
    (1) Alkyl (Methyl, Ethyl, n-Propyl or Isopropyl) phosphonyl 
difluorides, such as: DF: Methyl Phosphonyldifluoride (CAS 676-99-3) 
(CWC Schedule 1B); Methylphosphinyldifluoride (CAS 753-59-3) (CWC 
Schedule 2B);
    (2) O-Alkyl (H or equal to or less than C10, including 
cycloalkyl) O-2-dialkyl (methyl, ethyl, n-Propyl or isopropyl) 
aminoethyl alkyl (methyl, ethyl, N-propyl or isopropyl) phosphonite and 
corresponding alkylated and protonated salts, such as QL: O-Ethyl-2-di-
isopropylaminoethyl methylphosphonite (CAS 57856-11-8) (CWC Schedule 
1B);
    (3) Chlorosarin: O-Isopropyl methylphosphonochloridate (CAS 1445-
76-7) (CWC Schedule 1B);
    (4) Chlorosoman: O-Pinakolyl methylphosphonochloridate (CAS 7040-
57-5) (CWC Schedule 1B); or
    (5) Methlyphosphonyl dichloride (CAS 676-97-1) (CWC Schedule 2B); 
Methylphosphinyldichloride (CAS 676-83-5) (CWC Schedule 2B).
    (d) [Reserved]
    (e) Defoliants, as follows:
    (1) 2,4,5-trichlorophenoxyacetic acid (CAS 93-76-5) mixed with 2,4-
dichlorophenoxyacetic acid (CAS 94-75-7) (Agent Orange (CAS 39277-47-
9));or
    (2) Butyl 2-chloro-4-fluorophenoxyacetate (LNF).
    *(f) Equipment or items, as follows:

[[Page 34577]]

    (1) Any equipment for the dissemination, dispersion, or testing of 
items controlled in paragraphs (a), (b), (c), or (e) of this category, 
as follows:
    (i) Any equipment ``specially designed'' for the dissemination and 
dispersion of items controlled in paragraphs (a), (b), (c), or (e) of 
this category; or
    (ii) Any equipment ``specially designed'' for testing the items 
controlled in paragraphs (a), (b), (c), (e), or (f)(4) of this category 
developed under a Department of Defense contract or other funding 
authorization.
    (2) Any equipment containing reagents, algorithms, coefficients, 
software, libraries, spectral databases, or alarm set point levels 
developed under a Department of Defense contract or other funding 
authorization for the detection, identification, warning, or monitoring 
of:
    (i) Items controlled in paragraphs (a) or (b) of this category; or
    (ii) Chemical or biological agents specified by a Department of 
Defense contract or other funding authorization.

    Note 1 to paragraph (f)(2): This paragraph does not control 
items that are (a) determined to be subject to the EAR via a 
commodity jurisdiction determination (see Sec.  120.4 of this 
subchapter), or (b) identified in the relevant Department of Defense 
contract or other funding authorization as being developed for both 
civil and military applications.


    Note 2 to paragraph (f)(2): Note 1 does not apply to defense 
articles enumerated on the USML.


    Note 3 to paragraph (f)(2): This paragraph is applicable only to 
those contracts and funding authorizations that are dated [DATE ONE 
YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later.

    (3) [Reserved]
    (4) For individual protection or collective protection against the 
items controlled in paragraphs (a) and (b) of this category, as 
follows:
    (i) M53 Chemical Biological Protective Mask or M50 Joint Service 
General Purpose Mask (JSGPM);
    (ii) Filter cartridges containing sorbents controlled in paragraph 
(f)(4)(iii) of this category;
    (iii) ASZM-TEDA carbon; or
    (iv) Ensembles, garments, suits, jackets, pants, boots, or socks 
for individual protection, and liners for collective protection that 
allow no more than 1% breakthrough of GD or no more than 2% of HD;

    Note to paragraph (f)(4)(iv): Evaluation is made by applying 10 
mg of GD or HD to a 1-inch swatch. Ambient air is directed through 
the swatch for 24 hours and sampled/tested from the opposite side of 
the swatch using a gas chromatograph with flame photometric detector 
(FPD) or pulsed FPD (PFPD) and using sorption/desorption tools to 
increase sensitivity.

    (5) [Reserved]
    (6) [Reserved]
    (7) Chemical Agent Resistant Coatings that have been qualified to 
military specifications (MIL-DTL-64159, MIL-C-46168, or MIL-C-53039); 
or
    (8) Any equipment, material, tooling, hardware or test equipment 
that:
    (i) Is classified;
    (ii) Is manufactured using classified production data; or
    (iii) Is being developed using classified information.

    Note to paragraph (f)(8):  ``Classified'' means classified 
pursuant to Executive Order 13526, or predecessor order, and a 
security classification guide developed pursuant thereto or 
equivalent, or to the corresponding classification rules of another 
government.

    (g) Antibodies, recombinant protective antigens, polynucleotides, 
biopolymers, or biocatalysts (including their expression vectors, 
viruses, plasmids, or cultures of specific cells modified to produce 
them) as follows:
    (1) When exclusively funded by a Department of Defense contract for 
detection of the biological agents at paragraph (b)(1)(ii) of this 
category even if naturally occurring;
    (2) Joint Biological Agent Identification and Diagnostic System 
(JBAIDS) Freeze Dried reagents listed by JRPD-ASY-No and Description 
respectively as follows:
    (i) JRPD-ASY-0016 Q-Fever IVD Kit;
    (ii) JRPD-ASY-0100 Vaccinia (Orthopox);
    (iii) JRPD-ASY-0106 Brucella melitensis (Brucellosis);
    (iv) JRPD-ASY-0108 Rickettsia prowazekii (Rickettsia);
    (v) JRPD-ASY-0109 Burkholderia ssp. (Burkholderia);
    (vi) JRPD-ASY-0112 Eastern equine encephalitis (EEE);
    (vii) JRPD-ASY-0113 Western equine encephalitis (WEE);
    (viii) JRPD-ASY-0114 Venezuelan equine encephalitis (VEE);
    (ix) JRPD-ASY-0122 Coxiella burnetii (Coxiella);
    (x) JRPD-ASY-0136 Influenza A/H5 IVD Detection Kit;
    (xi) JRPD-ASY-0137 Influenza A/B IVD Detection Kit; or
    (xii) JRPD-ASY-0138 Influenza A Subtype IVD Detection Kit;
    (3) Critical Reagent Polymerase (CRP) Chain Reactions (PCR) assay 
kits with Catalog-ID and Catalog-ID Product respectively as follows:
    (i) PCR-BRU-1FB-B-K Brucella Target 1 FastBlock Master Mix 
Biotinylated;
    (ii) PCR-BRU-1FB-K Brucella Target 1 FastBlock Master Mix;
    (iii) PCR-BRU-1R-K Brucella Target 1 LightCycler/RAPID Master Mix;
    (iv) PCR-BURK-2FB-B-K Burkholderia Target 2 FastBlock Master Mix 
Biotinylated;
    (v) PCR-BURK-2FB-K Burkholderia Target 2 FastBlock Master Mix;
    (vi) PCR-BURK-2R-K Burkholderia Target 2 LightCycler/RAPID Master 
Mix;
    (vii) PCR-BURK-3FB-B-K Burkholderia Target 3 FastBlock Master Mix 
Biotinylated;
    (viii) PCR-BURK-3FB-K Burkholderia Target 3 FastBlock Master Mix;
    (ix) PCR-BURK-3R-K Burkholderia Target 3 LightCycler/RAPID Master 
Mix;
    (x) PCR-COX-1FB-B-K Coxiella burnetii Target 1 FastBlock Master Mix 
Biotinylated;
    (xi) PCR-COX-1R-K Coxiella burnetii Target 1 LightCycler/RAPID 
Master Mix;
    (xii) PCR-COX-2R-K Coxiella burnetii Target 2 LightCycler/RAPID 
Master Mix;
    (xiii) PCR-OP-1FB-B-K Orthopox Target 1 FastBlock Master Mix 
Biotinylated;
    (xiv) PCR-OP-1FB-K Orthopox Target 1 FastBlock Master Mix;
    (xv) PCR-OP-1R-K Orthopox Target 1 LightCycler/RAPID Master Mix;
    (xvi) PCR-OP-2FB-B-K Orthopox Target 2 FastBlock Master Mix 
Biotinylated;
    (xvii) PCR-OP-3R-K Orthopox Target 3 LightCycler/RAPID Master Mix;
    (xviii) PCR-RAZOR-BT-X PCR-RAZOR-BT-X RAZOR CRP BioThreat-X 
Screening Pouch;
    (xix) PCR-RIC-1FB-K Ricin Target 1 FastBlock Master Mix;
    (xx) PCR-RIC-1R-K Ricin Target 1 LightCycler/RAPID Master Mix;
    (xxi) PCR-RIC-2R-K Ricin Target 2 LightCycler/RAPID Master Mix; or
    (xxii) PCR-VEE-1R-K Venezuelan equine encephalitis Target 1 
LightCycler/RAPID Master Mix; or
    (4) Critical Reagent Program Antibodies with Catalog ID and Product 
respectively as follows:
    (i) AB-AG-RIC Aff. Goat anti-Ricin;
    (ii) AB-ALVG-MAB Anti-Alphavirus Generic Mab;
    (iii) AB-AR-SEB Aff. Rabbit anti-SEB;
    (iv) AB-BRU-M-MAB1 Anti-Brucella melitensis Mab 1;
    (v) AB-BRU-M-MAB2 Anti-Brucella melitensis Mab 2;
    (vi) AB-BRU-M-MAB3 Anti-Brucella melitensis Mab 3;
    (vii) AB-BRU-M-MAB4 Anti-Brucella melitensis Mab 4;
    (viii) AB-CHOL-0139-MAB Anti-V.cholerae 0139 Mab;
    (ix) AB-CHOL-01-MAB Anti-V. cholerae 01 Mab;

[[Page 34578]]

    (x) AB-COX-MAB Anti-Coxiella Mab;
    (xi) AB-EEE-MAB Anti-EEE Mab;
    (xii) AB-G-BRU-A Goat anti-Brucella abortus;
    (xiii) AB-G-BRU-M Goat anti-Brucella melitensis;
    (xiv) AB-G-BRU-S Goat anti-Brucella suis;
    (xv) AB-G-CHOL-01 Goat anti-V.cholerae 0:1;
    (xvi) AB-G-COL-139 Goat anti-V.cholerae 0:139;
    (xvii) AB-G-DENG Goat anti-Dengue;
    (xviii) AB-G-RIC Goat anti-Ricin;
    (xix) AB-G-SAL-T Goat anti-S. typhi;
    (xx) AB-G-SEA Goat anti-SEA;
    (xxi) AB-G-SEB Goat anti-SEB;
    (xxii) AB-G-SEC Goat anti-SEC;
    (xxiii) AB-G-SED Goat anti-SED;
    (xxiv) AB-G-SEE Goat anti-SEE;
    (xxv) AB-G-SHIG-D Goat anti-Shigella dysenteriae;
    (xxvi) AB-R-BA-PA Rabbit anti-Protective Antigen;
    (xxvii) AB-R-COX Rabbit anti-C. burnetii;
    (xxviii) AB-RIC-MAB1 Anti-Ricin Mab 1;
    (xxix) AB-RIC-MAB2 Anti-Ricin Mab 2;
    (xxx) AB-RIC-MAB3 Anti-Ricin Mab3;
    (xxxi) AB-R-SEB Rabbit anti-SEB;
    (xxxii) AB-R-VACC Rabbit anti-Vaccinia;
    (xxxiii) AB-SEB-MAB Anti-SEB Mab;
    (xxxiv) AB-SLT2-MAB Anti-Shigella-like t x2 Mab;
    (xxxv) AB-T2T-MAB1 Anti-T2 Mab 1;
    (xxxvi) AB-T2T-MAB2 Anti-T2 Toxin 2;
    (xxxvii) AB-VACC-MAB1 Anti-Vaccinia Mab 1;
    (xxxviii) AB-VACC-MAB2 Anti-Vaccinia Mab 2;
    (xxxix) AB-VACC-MAB3 Anti-Vaccinia Mab 3;
    (xl) AB-VACC-MAB4 Anti-Vaccinia Mab 4;
    (xli) AB-VACC-MAB5 Anti-Vaccinia Mab 5;
    (xlii) AB-VACC-MAB6 Anti-Vaccinia Mab 6;
    (xliii) AB-VEE-MAB1 Anti-VEE Mab 1;
    (xliv) AB-VEE-MAB2 Anti-VEE Mab 2;
    (xlv) AB-VEE-MAB3 Anti-VEE Mab 3;
    (xlvi) AB-VEE-MAB4 Anti-VEE Mab 4;
    (xlvii) AB-VEE-MAB5 Anti-VEE Mab 5
    (xlviii) AB-VEE-MAB6 Anti-VEE Mab 6; or
    (xlix) AB-WEE-MAB Anti-WEE Complex Mab.
    (h) Vaccines exclusively funded by a Department of Defense 
contract, as follows:
    (1) Recombinant Botulinum Toxin A/B Vaccine;
    (2) Recombinant Plague Vaccine;
    (3) Trivalent Filovirus Vaccine; or
    (4) Vaccines specially designed for the sole purpose of protecting 
against biological agents and biologically derived substances 
identified in paragraph (b) of this category.

    Note to paragraph (h): See ECCN 1A607.k for military medical 
countermeasures such as autoinjectors, combopens, and creams.

    (i) Modeling or simulation tools, including software controlled in 
paragraph (m) of this category, for chemical or biological weapons 
design, development, or employment developed or produced under a 
Department of Defense contract or other funding authorization (e.g., 
the Department of Defense's HPAC, SCIPUFF, and the Joint Effects Model 
(JEM)).
    (j)--(l) [Reserved]
    (m) Technical data (as defined in Sec.  120.10 of this subchapter) 
and defense services (as defined in Sec.  120.9 of this subchapter) 
directly related to the defense articles enumerated in paragraphs (a) 
through (l) and (n) of this category; (See Sec.  125.4 of this 
subchapter for exemptions.)
    (n) Developmental countermeasures or sorbents funded by the 
Department of Defense via contract or other funding authorization;

    Note 1 to paragraph (n): This paragraph does not control 
countermeasures or sorbents that are (a) in production, (b) 
determined to be subject to the EAR via a commodity jurisdiction 
determination (see Sec.  120.4 of this subchapter), or (c) 
identified in the relevant Department of Defense contract or other 
funding authorization as being developed for both civil and military 
applications.


    Note 2 to paragraph (n): Note 1 does not apply to defense 
articles enumerated on the USML, whether in production or 
development.


    Note 3 to paragraph (n): This paragraph is applicable only to 
those contracts and funding authorizations that are dated [DATE ONE 
YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later.

    (o)-(w) [Reserved]
    (x) Commodities, software, and technology subject to the EAR (see 
Sec.  120.42 of this subchapter) used in or with defense articles 
controlled in this category.

    Note to paragraph (x): Use of this paragraph is limited to 
license applications for defense articles controlled in this 
category where the purchase documentation includes commodities, 
software, or technology subject to the EAR (see Sec.  123.1(b) of 
this subchapter).

* * * * *

Category XVIII--Directed Energy Weapons

    *(a) Directed energy weapons (DEW): systems or equipment that, as 
their sole or primary purpose (i.e., not as a result of incidental, 
accidental or collateral effect), degrade, destroy or cause mission-
abort of a target; disturb, disable, or damage electronic circuitry, 
sensors or explosive devices remotely; deny area access; cause lethal 
effects; or cause permanent or flash blindness using any non-acoustic 
technique such as lasers (including continuous wave or pulsed lasers), 
particle beams, particle accelerators that project a charged or neutral 
particle beam, high power radio-frequency (RF), or high pulsed power or 
high average power radio frequency beam transmitters.
    *(b) Systems or equipment specially designed to detect, identify or 
provide defense against articles specified in paragraph (a) of this 
category.
    (c)-(d) [Reserved]
    (e) Components, parts, accessories, attachments, and associated 
systems or equipment specially designed for any of the articles in 
paragraphs (a) and (b) of this category.
    (f) Developmental directed energy weapons funded by the Department 
of Defense via contract or other funding authorization;

    Note 1 to paragraph (f): This paragraph does not control 
directed energy weapons (a) in production, (b) determined to be 
subject to the EAR via a commodity jurisdiction determination (see 
Sec.  120.4 of this subchapter), or (c) identified in the relevant 
Department of Defense contract or other funding authorization as 
being developed for both civil and military applications.


    Note 2 to paragraph (f): Note 1 does not apply to defense 
articles enumerated on the USML, whether in production or 
development.


    Note 3 to paragraph (f): This paragraph is applicable only to 
those contracts and funding authorizations that are dated [DATE ONE 
YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later.

    (g) Technical data (as defined in Sec.  120.10 of this subchapter) 
and defense services (as defined in Sec.  120.9 of this subchapter) 
directly related to the defense articles enumerated in paragraphs (a) 
through (e) of this category;
    (h)-(w) [Reserved]
    (x) Commodities, software, and technology subject to the EAR (see 
Sec.  120.42 of this subchapter) used in or with defense articles 
controlled in this category.

    Note to paragraph (x): Use of this paragraph is limited to 
license applications

[[Page 34579]]

for defense articles controlled in this category where the purchase 
documentation includes commodities, software, or technology subject 
to the EAR (see Sec.  123.1(b) of this subchapter).


    Dated: June 3, 2015.
 Rose E. Gottemoeller,
 Under Secretary, Arms Control and International Security, Department 
of State.
[FR Doc. 2015-14472 Filed 6-16-15; 8:45 am]
 BILLING CODE 4710-25-P



                                                  34572                  Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                  Related Definitions: N/A                                SUMMARY:    As part of the President’s                 Arms Regulations (ITAR) (22 CFR parts
                                                  Items:                                                  Export Control Reform effort, the                      120–130). The items subject to the
                                                     The list of items controlled is contained in         Department of State proposes to amend                  jurisdiction of the ITAR, i.e., ‘‘defense
                                                  the ECCN heading.                                       the International Traffic in Arms                      articles,’’ are identified on the ITAR’s
                                                  ■ 9. In Supplement No. 1 to Part 774                    Regulations (ITAR) to revise Categories                U.S. Munitions List (USML) (22 CFR
                                                  (the Commerce Control List), Category                   XIV (toxicological agents, including                   121.1). With few exceptions, items not
                                                  6—Sensors and Lasers,’’ add a new                       chemical agents, biological agents, and                subject to the export control jurisdiction
                                                  ECCN 6E619 between ECCNs 6E202 and                      associated equipment) and XVIII                        of the ITAR are subject to the
                                                  6E990 to read as follows:                               (directed energy weapons) of the U.S.                  jurisdiction of the Export
                                                  6E619 ‘‘Technology’’ ‘‘required’’ for the               Munitions List (USML) to describe more                 Administration Regulations (‘‘EAR,’’ 15
                                                     ‘‘development,’’ ‘‘production,’’                     precisely the articles warranting control              CFR parts 730–774, which includes the
                                                     operation, installation, maintenance,                on the USML. The revisions contained                   Commerce Control List (CCL) in
                                                     repair, overhaul or refurbishing of                  in this rule are part of the Department                Supplement No. 1 to Part 774),
                                                     commodities controlled by 6B619 or                   of State’s retrospective plan under E.O.               administered by the Bureau of Industry
                                                     ‘‘software’’ controlled by 6D619.                    13563 completed on August 17, 2011.                    and Security (BIS), U.S. Department of
                                                  License Requirements                                    The Department of State’s full plan can                Commerce. Both the ITAR and the EAR
                                                                                                          be accessed at http://www.state.gov/                   impose license requirements on exports
                                                  Reason for Control: NS, RS, AT, UN
                                                                                                          documents/organization/181028.pdf.                     and reexports. Items not subject to the
                                                                                  Country chart           DATES: The Department of State will                    ITAR or to the exclusive licensing
                                                         Control(s)            (see Supp. No. 1 to        accept comments on this proposed rule                  jurisdiction of any other set of
                                                                                    Part 738)             until August 17, 2015.                                 regulations are subject to the EAR.
                                                  NS applies to entire       NS Column 1.                 ADDRESSES: Interested parties may                      Revision of Category XIV
                                                    entry.                                                submit comments within 60 days of the                     This proposed rule revises USML
                                                  RS applies to entire       RS Column 1.                 date of publication by one of the                      Category XIV, covering toxicological
                                                    entry.                                                following methods:                                     agents, including chemical agents,
                                                  AT applies to entire       AT Column 1.                    • Email:                                            biological agents, and associated
                                                    entry.                                                DDTCPublicComments@state.gov with                      equipment. The revisions are proposed
                                                  UN applies to entire       See § 746.1(b) for UN        the subject line, ‘‘ITAR Amendment—
                                                    entry.                     controls.                                                                         in order to advance the national security
                                                                                                          Categories XIV and XVIII.’’                            objectives of greater interoperability
                                                  License Exceptions                                         • Internet: At www.regulations.gov,
                                                                                                                                                                 with U.S. allies, enhancing the defense
                                                  CIV: N/A
                                                                                                          search for this proposed rule by using
                                                                                                                                                                 industrial base, and permitting the U.S.
                                                  TSR: N/A                                                this rule’s RIN (1400–AD03).
                                                                                                             Comments received after that date                   government to focus its resources on
                                                  Special Conditions for STA                                                                                     transactions of greater concern.
                                                                                                          will be considered if feasible, but
                                                                                                                                                                 Additionally, the revisions are intended
                                                  STA: Paragraph (c)(2) of License Exception              consideration cannot be assured. Those
                                                    STA (§ 740.20(c)(2) of the EAR) may not be                                                                   to more accurately describe the articles
                                                                                                          submitting comments should not
                                                    used for any item in 6E619.                                                                                  within the subject categories, in order to
                                                                                                          include any personally identifying
                                                                                                                                                                 establish a ‘‘bright line’’ between the
                                                  List of Items Controlled                                information they do not wish to be
                                                                                                                                                                 USML and the CCL for the control of
                                                  Related Controls: Technical data directly               made public or information for which a
                                                                                                                                                                 these articles.
                                                     related to articles enumerated or otherwise          claim of confidentiality is asserted                      This proposed rule implements
                                                     described in USML Category XVIII are                 because those comments and/or                          changes consistent with the
                                                     subject to the ITAR (See 22 CFR 121.1,               transmittal emails will be made                        requirements of Executive Order 13546
                                                     Category XVIII(f)).                                  available for public inspection and                    on Optimizing the Security of Biological
                                                  Related Definitions: N/A                                copying after the close of the comment
                                                  Items:
                                                                                                                                                                 Select Agents and Toxins in the United
                                                                                                          period via the Directorate of Defense                  States, which includes direction to
                                                     The list of items controlled is contained in         Trade Controls Web site at
                                                  the ECCN heading.                                                                                              address variations in, and limited
                                                                                                          www.pmddtc.state.gov. Parties who                      coordination of, individual executive
                                                    Dated: June 9, 2015.                                  wish to comment anonymously may do                     departments’ and agencies’ oversight
                                                  Kevin J. Wolf,                                          so by submitting their comments via                    that add to the cost and complexity of
                                                  Assistant Secretary for Export                          www.regulations.gov, leaving the fields                compliance. It also directs a risk-based
                                                  Administration.                                         that would identify the commenter                      tiering of the biological select agent list.
                                                  [FR Doc. 2015–14474 Filed 6–16–15; 8:45 am]             blank and including no identifying                     As a result, the proposed control
                                                  BILLING CODE 3510–33–P                                  information in the comment itself.                     language in paragraph (b) adopts the
                                                                                                          Comments submitted via                                 ‘‘Tier 1’’ pathogens and toxins
                                                                                                          www.regulations.gov are immediately                    established in the Department of Health
                                                  DEPARTMENT OF STATE                                     available for public inspection.                       and Human Services and the United
                                                                                                          FOR FURTHER INFORMATION CONTACT: Mr.                   States Department of Agriculture select
                                                  22 CFR Part 121                                         C. Edward Peartree, Director, Office of                agent regulations (42 CFR part 73 and 9
                                                                                                          Defense Trade Controls Policy,                         CFR 121) for those pathogens and toxins
                                                  RIN 1400–AD03
                                                                                                          Department of State, telephone (202)                   that meet specific capabilities listed in
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  [Public Notice: 9166]                                   663–2792; email                                        paragraph (b). The Tier 1 pathogens and
                                                                                                          DDTCPublicComments@state.gov.                          toxins that do not meet these
                                                  Amendment to the International Traffic                  ATTN: ITAR Amendment—USML                              capabilities remain controlled in Export
                                                  in Arms Regulations: Revision of U.S.                   Categories XIV and XVIII.                              Control Classification Number (ECCN)
                                                  Munitions List Categories XIV and XVIII                 SUPPLEMENTARY INFORMATION: The                         1C351 or 1C352 on the CCL.
                                                  AGENCY:    Department of State.                         Directorate of Defense Trade Controls                     Additionally, this rule, in concert
                                                                                                          (DDTC), U.S. Department of State,                      with the analogous proposed rule
                                                  ACTION:   Proposed rule.
                                                                                                          administers the International Traffic in               published by the Department of


                                             VerDate Sep<11>2014   16:32 Jun 16, 2015   Jkt 235001   PO 00000   Frm 00033   Fmt 4702   Sfmt 4702   E:\FR\FM\17JNP1.SGM   17JNP1


                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                            34573

                                                  Commerce, proposes the movement of                      tool to aid exporters in determining                   use and on the Wassenaar
                                                  riot control agents to the export                       whether a defense article meets the                    Arrangement’s Dual Use List. The
                                                  jurisdiction of the Department of                       definition of ‘‘specially designed.’’ This             Department welcomes the assistance of
                                                  Commerce, as well as the articles                       tool is available at http://                           users of the lists and requests input on
                                                  covered currently in paragraphs (j), (k),               www.pmddtc.state.gov/licensing/                        the following:
                                                  and (l), which include test facilities,                 dt_SpeciallyDesigned.htm.                                 (1) A key goal of this rulemaking is to
                                                  equipment for the destruction of                           Proposed revised paragraph (i) is                   ensure the USML and the CCL together
                                                  chemical and biological agents, and                     updated to provide better clarity on the               control all the items that meet
                                                  tooling for production of articles in                   scope of the control by including                      Wassenaar Arrangement commitments
                                                  paragraph (f), respectively.                            examples of Department of Defense                      embodied in Munitions List Categories
                                                     Other changes include the addition of                tools that are used to determine or                    7 (WA–ML7) and 19 (WA–ML19). The
                                                  paragraph (a)(5) to control chemical                    estimate potential effects of chemical or              public is therefore asked to identify any
                                                  warfare agents ‘‘adapted for use in war’’               biological weapons strikes and incidents               potential lack of coverage brought about
                                                  and not elsewhere enumerated, as well                   in order to plan to mitigate their                     by the proposed rules for Categories XIV
                                                  as the removal of paragraphs (f)(3) and                 impacts.                                               and XVIII contained in this proposed
                                                  (f)(6) and movement to the CCL of                          A new paragraph (x) has been added                  rule and the new Category 1 and
                                                  equipment for the sample collection and                 to USML Category XIV, allowing ITAR                    Category 6 ECCNs published separately
                                                  decontamination or remediation of                       licensing on behalf of the Department of               by the Department of Commerce when
                                                  chemical agents and biological agents.                  Commerce for commodities, software,                    reviewed together.
                                                  Paragraph (f)(5) for collective protection              and technology subject to the EAR                         (2) Another key goal of this
                                                  was removed and partially combined in                   provided those commodities, software,                  rulemaking is to identify items proposed
                                                  (f)(4) or the CCL. Proposed paragraph (g)               and technology are to be used in or with               for control on the USML or the CCL that
                                                  enumerates antibodies, recombinant                      defense articles controlled in USML                    are not controlled on the Wassenaar
                                                  protective antigens, polynucleotides,                   Category XIV and are described in the                  Arrangement’s Munitions or Dual Use
                                                  biopolymers, or biocatalysts exclusively                purchase documentation submitted with                  List. The public is therefore asked to
                                                  funded by a Department of Defense                       the application. The intent of paragraph               identify any potential expansion of
                                                  contract for detection of the biological                (x) is not to impose ITAR jurisdiction on              coverage brought about by the proposed
                                                  agents listed in paragraph (b)(1)(ii).                  commodities, software, and technology                  rules for Categories XIV and XVIII
                                                     The Department notes that the                        subject to EAR controls.                               contained in this proposed rule and the
                                                  controls in paragraph (f)(2) that include                  Finally, the rule proposes to only                  new Category 1 and Category 6 ECCNs
                                                  the phrase ‘‘developed under a                          control on the USML chemical or                        published separately by the Department
                                                  Department of Defense contract or other                 biological agent detectors when they                   of Commerce when reviewed together.
                                                  funding authorization’’ do not apply                    contain Department of Defense reagents,                   (3) A third key goal of this rulemaking
                                                  when the Department of Defense acts                     spectra, algorithms, databases, etc.                   is to establish a ‘‘bright line’’ between
                                                  solely as a servicing agency for a                                                                             the USML and the CCL for the control
                                                  contract on behalf of another agency of                 Revision of Category XVIII                             of these materials. The public is asked
                                                  the U.S. government.                                       This proposed rule revises USML                     to provide specific examples of
                                                     The Department notes that the                        Category XVIII, covering directed energy               toxicological agents, including chemical
                                                  controls in paragraphs (g)(1) and (h) that              weapons. As with USML Category XIV,                    agents, biological agents, and associated
                                                  include the phrase ‘‘exclusively funded                 the revisions are proposed in order to                 equipment, as well as directed energy
                                                  by a Department of Defense contract’’ do                advance the national security objectives               weapons, whose jurisdiction would be
                                                  not apply when the Department of                        set forth above and to more accurately                 in doubt based on this revision. The
                                                  Defense acts solely as a servicing agency               describe the articles within the subject               public is also asked to comment on
                                                  for a contract on behalf of another                     categories, in order to establish a ‘‘bright           whether there is a sufficiently clear line
                                                  agency of the U.S. government, or, for                  line’’ between the USML and the CCL                    drawn between the biological items
                                                  example, in cases where the Department                  for the control of these articles. A                   proposed for control by USML Category
                                                  of Defense provides initial funding for                 change proposed in this rule would                     XIV(b) and those proposed for control
                                                  the development of an item but another                  revise paragraph (a) to control only                   under the CCL.
                                                  agency of the U.S. government provides                  those items that satisfy the paragraph’s                  (4) Although the proposed revisions
                                                  funding to further develop or adapt the                 definition of ‘‘directed energy weapon,’’              to the USML do not preclude the
                                                  item.                                                   which focuses on the sole or primary                   possibility that items in normal
                                                     Proposed paragraph (h) enumerates                    purpose of the article in order to                     commercial use would or should be
                                                  certain vaccines funded exclusively by                  exclude those items that might achieve                 ITAR-controlled because, e.g., they
                                                  the Department of Defense, as well as                   the same effect in an incidental,                      provide the United States with a critical
                                                  certain vaccines controlled in (h)(2) that              accidental, or collateral manner.                      military or intelligence advantage, the
                                                  are specially designed for the sole                        The articles controlled currently in                U.S. government does not want to
                                                  purpose of protecting against biological                paragraphs (c) and (d) would move to                   inadvertently control items on the ITAR
                                                  agents and biologically derived                         the export control jurisdiction of the                 that are in normal commercial use.
                                                  substances identified in (b). Thus, the                 Department of Commerce.                                Items that would be controlled on the
                                                  scope of vaccines controlled in (h)(2) is                  The remaining paragraphs in this                    USML in this proposed rule have been
                                                  circumscribed by the nature of funding,                 category would undergo conforming                      identified as possessing parameters or
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  the satisfaction of the term ‘‘specially                changes to bring their structures into                 characteristics that provide a critical
                                                  designed’’ as that term is defined in                   alignment with the analogous                           military or intelligence advantage. The
                                                  ITAR § 120.41, and the limitations in (b)               provisions found in other revised USML                 public is thus asked to provide specific
                                                  that control only those biological agents               categories.                                            examples of items, or associated
                                                  and biologically derived substances                                                                            technical data, if any, that would be
                                                  meeting specific criteria. In evaluating                Request for Comments                                   controlled in the revised USML
                                                  the scope of this control, please note                    The proposed revisions to the USML                   Categories XIV or XVIII that are now in
                                                  that the Department offers a decision                   will control items in normal commercial                normal commercial use, or that are


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                                                  34574                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                  commonly used or produced in civilian                   controls on certain civilian and public                private sector, of $100 million or more
                                                  scientific laboratories. The examples                   health equipment containing the items                  in any year and it will not significantly
                                                  should demonstrate actual commercial                    listed in paragraph (f)(2). Accordingly,               or uniquely affect small governments.
                                                  or civilian scientific use, not just                    as proposed, paragraph (f)(2) may                      Therefore, no actions were deemed
                                                  potential or theoretical use, with                      control detection equipment that may                   necessary under the provisions of the
                                                  supporting documents, as well as                        not warrant ITAR control, but contains                 Unfunded Mandates Reform Act of
                                                  foreign availability of such items.                     items that are fully or partially Defense-             1995.
                                                  Additionally, for any criteria the public               funded. The Department requests
                                                  believes control items in normal                        comment from the public, including                     Small Business Regulatory Enforcement
                                                  commercial or civilian scientific use,                  specific examples of equipment that the                Fairness Act of 1996
                                                  the public is asked to identify                         public believes may be unintentionally                   This proposed amendment has been
                                                  parameters or characteristics that cover                controlled by this text by virtue of
                                                  items exclusively or primarily in                                                                              found not to be a major rule within the
                                                                                                          Defense funding.
                                                  military use. Finally, for any criteria the                                                                    meaning of the Small Business
                                                                                                             In addition, the Department
                                                  public believes control items in normal                                                                        Regulatory Enforcement Fairness Act of
                                                                                                          acknowledges that some members of the
                                                  commercial use, the public is asked to                                                                         1996.
                                                                                                          public may not be able comment
                                                  identify the multilateral controls (such                meaningfully on this matter because                    Executive Orders 12372 and 13132
                                                  as the Wassenaar Arrangement’s Dual                     they lack full awareness of items that
                                                  Use List), if any, for such items, and the              have previously been fully or partially                   This proposed amendment will not
                                                  consequences of such items being                        developed under Defense funding. To                    have substantial direct effects on the
                                                  controlled on the USML.                                 the extent that commenters require                     States, on the relationship between the
                                                     (5) The public is asked to provide                   specific additional information about                  national government and the States, or
                                                  comment on the proposed definition of                   the scope of Defense funding in certain                on the distribution of power and
                                                  ‘‘non-naturally occurring’’ in Note 2 to                contexts, the Department requests that                 responsibilities among the various
                                                  Category XIV(b), if the proposed                        commenters identify any relevant gaps                  levels of government. Therefore, in
                                                  definition does not appear to be                        in knowledge.                                          accordance with Executive Order 13132,
                                                  comprehensive. The public is also asked                                                                        it is determined that this proposed
                                                  to comment on ‘‘non-naturally                           Regulatory Analysis and Notices
                                                                                                                                                                 amendment does not have sufficient
                                                  occurring’’ in the context of genetic                   Administrative Procedure Act                           federalism implications to require
                                                  modification and consider whether the                                                                          consultations or warrant the preparation
                                                  definition is sufficient to distinguish                    The Department of State is of the
                                                                                                          opinion that controlling the import and                of a federalism summary impact
                                                  military or intelligence purposes from                                                                         statement. The regulations
                                                  commercial or civilian purposes.                        export of defense articles and services is
                                                     (6) The public is asked to provide                   a foreign affairs function of the United               implementing Executive Order 12372
                                                  specific examples of reagents that may                  States Government and that rules                       regarding intergovernmental
                                                  be inadvertently controlled by Category                 implementing this function are exempt                  consultation on Federal programs and
                                                  XIV(b), XIV(f), XIV(g), or XIV(m), that                 from sections 553 (Rulemaking) and 554                 activities do not apply to this proposed
                                                  are commonly used for scientific                        (Adjudications) of the Administrative                  amendment.
                                                  research and development, or medical                    Procedure Act. Although the                            Executive Order 12866 and 13563
                                                  countermeasures that may similarly be                   Department is of the opinion that this
                                                  inadvertently controlled and the                        rule is exempt from the rulemaking                        Executive Orders 12866 and 13563
                                                  dissemination of which would be in the                  provisions of the APA, the Department                  direct agencies to assess all costs and
                                                  interest of public health or medical                    is publishing this rule with a 60-day                  benefits of available regulatory
                                                  preparedness.                                           provision for public comment and                       alternatives and, if regulation is
                                                     (7) The public is asked to specifically              without prejudice to its determination                 necessary, to select regulatory
                                                  evaluate and comment on the decision                    that controlling the import and export of              approaches that maximize net benefits
                                                  process outlined in the proposed rule                   defense services is a foreign affairs                  (including potential economic,
                                                  that would be used to determine                         function. As noted above, and also                     environmental, public health and safety
                                                  whether vaccines that are intended to be                without prejudice to the Department                    effects, distributed impacts, and equity).
                                                  developed and used to protect public                    position that this rulemaking is not                   Executive Order 13563 emphasizes the
                                                  and veterinary health against any event                 subject to the APA, the Department                     importance of quantifying both costs
                                                  resulting from exposure to naturally                    previously published a related Advance                 and benefits, of reducing costs, of
                                                  occurring or non-naturally occurring                    Notice of Proposed Rulemaking (RIN                     harmonizing rules, and of promoting
                                                  pathogens or toxins is sufficiently clear               1400–AC78) on December 10, 2010 (75                    flexibility. This rule has been
                                                  to allow research and commercial                        FR 76935), and accepted comments for                   designated a ‘‘significant regulatory
                                                  entities to determine whether a vaccine                 60 days.                                               action,’’ although not economically
                                                  would unintentionally be captured
                                                                                                          Regulatory Flexibility Act                             significant, under section 3(f) of
                                                  under this rule. Please provide specific
                                                                                                                                                                 Executive Order 12866. Accordingly,
                                                  examples that demonstrate how the                          Since the Department is of the
                                                                                                                                                                 the rule has been reviewed by the Office
                                                  proposed rule would prevent or hinder                   opinion that this rule is exempt from the
                                                  the ability to develop or utilize vaccines                                                                     of Management and Budget (OMB).
                                                                                                          rulemaking provisions of 5 U.S.C. 553,
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                                                  for public health or veterinary benefit                 it does not require analysis under the                 Executive Order 12988
                                                  under this proposed language and                        Regulatory Flexibility Act.
                                                  decision process.                                                                                                The Department of State has reviewed
                                                     (8) In the interest of ensuring the                  Unfunded Mandates Reform Act of 1995                   the proposed amendment in light of
                                                  security of and control over certain                      This proposed amendment does not                     sections 3(a) and 3(b)(2) of Executive
                                                  types of chemical and biological                        involve a mandate that will result in the              Order 12988 to eliminate ambiguity,
                                                  detection equipment, Category XIV(f)(2)                 expenditure by State, local, and tribal                minimize litigation, establish clear legal
                                                  could incidentally impose ITAR                          governments, in the aggregate, or by the               standards, and reduce burden.


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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                                 34575

                                                  Executive Order 13175                                   that there will be 800 fewer DSP–73                    § 121.1     The United States Munitions List.
                                                    The Department of State has                           submissions annually following full                    *       *      *     *     *
                                                  determined that this rulemaking will                    revision of the USML. This would result
                                                                                                          in a burden reduction of 800 hours                     Category XIV—Toxicological Agents,
                                                  not have tribal implications, will not                                                                         Including Chemical Agents, Biological
                                                  impose substantial direct compliance                    annually.
                                                                                                            (5) Application for Amendment to                     Agents, and Associated Equipment
                                                  costs on Indian tribal governments, and
                                                                                                          License for Export or Import of                          *(a) Chemical agents, to include:
                                                  will not preempt tribal law.
                                                                                                          Classified or Unclassified Defense                       (1) Nerve agents, as follows:
                                                  Accordingly, Executive Order 13175                                                                               (i) O-Alkyl (equal to or less than C10,
                                                                                                          Articles and Related Technical Data,
                                                  does not apply to this rulemaking.                                                                             including cycloalkyl) alkyl (Methyl,
                                                                                                          DSP–6, –62, –74, –119, OMB No. 1405–
                                                  Paperwork Reduction Act                                 0092. The Department estimates that                    Ethyl, n-Propyl or Isopropyl)
                                                                                                          there will be 2,000 fewer amendment                    phosphonofluoridates, such as: Sarin
                                                    Following is a listing of approved
                                                                                                          submissions annually following full                    (GB): O-Isopropyl
                                                  collections that will be affected by
                                                                                                          revision of the USML. This would result                methylphosphonofluoridate (CAS 107–
                                                  revision of the U.S. Munitions List
                                                                                                          in a burden reduction of 1,000 hours                   44–8) (CWC Schedule 1A); and Soman
                                                  (USML) and the Commerce Control List
                                                                                                          annually.                                              (GD): O-Pinacolyl
                                                  pursuant to the President’s Export
                                                                                                            (6) Request for Approval of                          methylphosphonofluoridate (CAS 96–
                                                  Control Reform (ECR) initiative. This
                                                                                                          Manufacturing License Agreements,                      64–0) (CWC Schedule 1A);
                                                  rule continues the implementation of                                                                             (ii) O-Alkyl (equal to or less than C10,
                                                                                                          Technical Assistance Agreements, and
                                                  ECR. The list of collections and the                                                                           including cycloalkyl) N,N-dialkyl
                                                                                                          Other Agreements, DSP–5, OMB No.
                                                  description of the manner in which they                                                                        (Methyl, Ethyl, n-Propyl or Isopropyl)
                                                                                                          1405–0093. The Department estimates
                                                  will be affected pertains to revision of                                                                       phosphoramidocyanidates, such as:
                                                                                                          that there will be 1,000 fewer agreement
                                                  the USML in its entirety, not only to the                                                                      Tabun (GA): O-Ethyl N, N-
                                                                                                          submissions annually following full
                                                  categories published in this rule. In                                                                          dimethylphosphoramidocyanidate (CAS
                                                                                                          revision of the USML. This would result
                                                  accordance with the Paperwork                                                                                  77–81–6) (CWC Schedule 1A); or
                                                                                                          in a burden reduction of 2,000 hours
                                                  Reduction Act, the Department of State                                                                           (iii) O-Alkyl (H or equal to or less
                                                                                                          annually.
                                                  will request comment on these                             (7) Maintenance of Records by                        than C10, including cycloalkyl) S–2-
                                                  collections from all interested persons.                Registrants, OMB No. 1405–0111. The                    dialkyl (Methyl, Ethyl, n-Propyl or
                                                  In particular, the Department will seek                 requirement to actively maintain                       Isopropyl) aminoethyl alkyl (Methyl,
                                                  comment on changes to licensing                         records pursuant to provisions of the                  Ethyl, n-Propyl or Isopropyl)
                                                  burden based on implementation of                       International Traffic in Arms                          phosphonothiolates and corresponding
                                                  regulatory changes pursuant to ECR, and                 Regulations (ITAR) will decline                        alkylated and protonated salts, such as
                                                  on projected changes based on                           commensurate with the drop in the                      VX: O-Ethyl S–2-diisopropylaminoethyl
                                                  continued implementation of regulatory                  number of persons who will be required                 methyl phosphonothiolate (CAS 50782–
                                                  changes pursuant to ECR. The affected                   to register with the Department                        69–9) (CWC Schedule 1A);
                                                  information collections are as follows:                 pursuant to the ITAR. As stated above,                   (2) Amiton: O,O-Diethyl S-
                                                    (1) Statement of Registration, DS–                    the Department estimates that up to                    [2(diethylamino)ethyl]
                                                  2032, OMB No. 1405–0002. The                            5,000 of the currently-registered persons              phosphorothiolate and corresponding
                                                  Department estimates that between                       will not need to maintain registration                 alkylated or protonated salts (CAS 78–
                                                  3,000 and 5,000 of currently-registered                 following full revision of the USML.                   53–5) (CWC Schedule 2A);
                                                  persons will not need to maintain                       This would result in a burden reduction                  (3) Vesicant agents, as follows:
                                                  registration following full revision of the             of 100,000 hours annually. However, the                  (i) Sulfur mustards, such as: 2-
                                                  USML. This would result in a burden                     ITAR does provide for the maintenance                  Chloroethylchloromethylsulfide (CAS
                                                  reduction of between 6,000 and 10,000                   of records for a period of five years.                 2625–76–5) (CWC Schedule 1A); Bis(2-
                                                  hours annually, based on a revised time                 Therefore, persons newly relieved of the               chloroethyl)sulfide (HD) (CAS 505–60–
                                                  burden of two hours to complete a                       requirement to register with the                       2) (CWC Schedule 1A); Bis(2-
                                                  Statement of Registration.                              Department may still be required to                    chloroethylthio)methane (CAS 63839–
                                                    (2) Application/License for Permanent                 maintain records.                                      13–6) (CWC Schedule 1A); 1,2-bis (2-
                                                  Export of Unclassified Defense Articles                                                                        chloroethylthio)ethane (CAS 3563–36–
                                                  and Related Unclassified Technical                      List of Subjects in 22 CFR Part 121                    8) (CWC Schedule 1A); 1,3-bis (2-
                                                  Data, DSP–5, OMB No. 1405–0003. The                       Arms and munitions, Exports.                         chloroethylthio)-n-propane (CAS
                                                  Department estimates that there will be                   Accordingly, for the reasons set forth               63905–10–2) (CWC Schedule 1A); 1,4-
                                                  35,000 fewer DSP–5 submissions                          above, Title 22, Chapter I, Subchapter                 bis (2-chloroethylthio)-n-butane (CWC
                                                  annually following full revision of the                 M, part 121 is proposed to be amended                  Schedule 1A); 1,5-bis (2-
                                                  USML. This would result in a burden                     as follows:                                            chloroethylthio)-n-pentane (CWC
                                                  reduction of 35,000 hours annually.                                                                            Schedule 1A); Bis (2-
                                                    (3) Application/License for                           PART 121—THE UNITED STATES                             chloroethylthiomethyl)ether (CWC
                                                  Temporary Import of Unclassified                        MUNITIONS LIST                                         Schedule 1A); Bis (2-
                                                  Defense Articles, DSP–61, OMB No.                                                                              chloroethylthioethyl)ether (CAS 63918–
                                                  1405–0013. The Department estimates                     ■ 1. The authority citation for part 121               89–8) (CWC Schedule 1A);
                                                  that there will be 200 fewer DSP–61                     continues to read as follows:                            (ii) Lewisites, such as: 2-
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                                                  submissions annually following full                       Authority: Secs. 2, 38, and 71, Pub. L. 90–          chlorovinyldichloroarsine (CAS 541–
                                                  revision of the USML. This would result                 629, 90 Stat. 744 (22 U.S.C. 2752, 2778,               25–3) (CWC Schedule 1A); Tris (2-
                                                  in a burden reduction of 100 hours                      2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112           chlorovinyl) arsine (CAS 40334–70–1)
                                                  annually.                                               Stat. 1920; Section 1261, Pub. L. 112–239;             (CWC Schedule 1A); Bis (2-chlorovinyl)
                                                    (4) Application/License for                           E.O. 13637, 78 FR 16129.                               chloroarsine (CAS 40334–69–8) (CWC
                                                  Temporary Export of Unclassified                        ■ 2. Section 121.1 is amended by                       Schedule 1A);
                                                  Defense Articles, DSP–73, OMB No.                       revising U.S. Munitions List Categories                  (iii) Nitrogen mustards, or their
                                                  1405–0023. The Department estimates                     XIV and XVIII to read as follows:                      protonated salts, as follows:


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                                                  34576                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                    (A) HN1: bis (2-chloroethyl)                          Chloropicrin (trichloronitromethane),                  immunity, or response to standard
                                                  ethylamine (CAS 538–07–8) (CWC                          Fluorine, and Liquid pepper.                           medical countermeasures.
                                                  Schedule 1A);                                                                                                    Note 1 to paragraph (b): Non-naturally
                                                                                                            Note 2 to paragraph (a): Regarding U.S.
                                                    (B) HN2: bis (2-chloroethyl)                                                                                 occurring means that the modification has
                                                                                                          obligations under the Chemical Weapons
                                                  methylamine (CAS 51–75–2) (CWC                          Convention (CWC), refer to Chemical                    not already been observed in nature, was not
                                                  Schedule 1A);                                           Weapons Convention Regulations (CWCR)                  discovered from samples obtained from
                                                    (C) HN3: tris (2-chloroethyl) amine                   (15 CFR parts 710 through 722). As                     nature, and was developed with human
                                                  (CAS 555–77–1) (CWC Schedule 1A); or                    appropriate, the CWC schedule is provided to           intervention.
                                                    (D) Other nitrogen mustards, or their                 assist the exporter.
                                                  salts, having a propyl, isopropyl, butyl,                                                                         Note 2 to paragraph (b): This paragraph
                                                                                                             *(b) Biological agents and biologically             does not control biological agents or
                                                  isobutyl, or tertiary butyl group on the
                                                                                                          derived substances and genetic elements                biologically derived substances, when these
                                                  bis(2-chloroethyl) amine base;                                                                                 agents or substances have been demonstrated
                                                                                                          thereof as follows:
                                                    Note 1 to paragraph (a)(3)(iii):                         (1) Genetically modified biological                 to be attenuated relative to natural
                                                  Pharmaceutical formulations containing                  agents:                                                pathogenic isolates, and are incapable of
                                                  nitrogen mustards or certain reference                                                                         causing disease or intoxication of ordinarily
                                                                                                             (i) Having non-naturally occurring
                                                  standards for these formulations are not                                                                       affected and relevant species (e.g., humans,
                                                  considered to be chemical agents and are                genetic modifications which result in an               livestock, crop plants) due to the attenuation
                                                  subject to the EAR when: 1) the                         increase in any of the following:                      of virulence or pathogenic factors. This
                                                  pharmaceutical is in the form of a final                   (A) Persistence in a field environment              paragraph also does not control genetic
                                                  medical product, or 2) the reference standard           (e.g., resistance to oxygen, UV damage,                elements, nucleic acids, or nucleic acid
                                                  contains salts of HN2 [bis(2-chloroethyl)               temperature extremes, or arid                          sequences (whether recombinant or
                                                  methylamine], the quantity to be shipped is             conditions); or                                        synthetic) that are unable to produce or
                                                  150 milligrams or less, and individual                     (B) The ability to defeat or overcome               direct the biosynthesis of infectious or
                                                  shipments do not exceed twelve per calendar             standard detection methods, personnel                  functional forms of the biological agents or
                                                  year per end user.                                      protection, natural or acquired host                   biologically derived substances that are
                                                                                                                                                                 capable of causing disease or intoxication of
                                                     Note 2 to paragraph (a)(3)(iii): A ‘‘final           immunity, host immune response, or
                                                                                                                                                                 ordinarily affected and relevant species.
                                                  medical product,’’ as used in this paragraph,           response to standard medical
                                                  is a pharmaceutical formulation that is (1)             countermeasures; and                                     Note 3 to paragraph (b): Biological agents
                                                  designed for testing and administration in the             (ii) Being any micro-organisms/toxins               or biologically derived substances that meet
                                                  treatment of human medical conditions, (2)              or their non-naturally occurring genetic               both paragraphs (b)(1) and (b)(2) of this
                                                  prepackaged for distribution as a clinical or           elements as listed below:                              category are controlled in paragraph (b)(1).
                                                  medical product, and (3) approved by the                   (A) Bacillus anthracis;
                                                  Food and Drug Administration to be                                                                                *(c) Chemical agent binary precursors
                                                                                                             (B) Botulinum neurotoxin producing                  and key precursors, as follows:
                                                  marketed as a clinical or medical product or
                                                  for use as an ‘‘Investigational New Drug’’
                                                                                                          species of Clostridium;                                   (1) Alkyl (Methyl, Ethyl, n-Propyl or
                                                  (IND) (see 21 CFR part 312)                                (C) Burkholderia mallei;                            Isopropyl) phosphonyl difluorides, such
                                                                                                             (D) Burkholderia pseudomallei;                      as: DF: Methyl Phosphonyldifluoride
                                                     (iv) Ethyldichloroarsine (ED) (CAS                      (E) Ebola virus;                                    (CAS 676–99–3) (CWC Schedule 1B);
                                                  598–14–1); or                                              (F) Foot-and-mouth disease virus;
                                                     (v) Methyldichloroarsine (MD) (CAS                                                                          Methylphosphinyldifluoride (CAS 753–
                                                                                                             (G) Francisella tularensis;                         59–3) (CWC Schedule 2B);
                                                  593–89–5);                                                 (H) Marburg virus;
                                                     (4) Incapacitating agents, such as:                                                                            (2) O-Alkyl (H or equal to or less than
                                                                                                             (I) Variola major virus (Smallpox                   C10, including cycloalkyl) O–2-dialkyl
                                                     (i) 3-Quinuclindinyl benzilate (BZ)
                                                                                                          virus);                                                (methyl, ethyl, n-Propyl or isopropyl)
                                                  (CAS 6581–06–2) (CWC Schedule 2A);
                                                     (ii) Diphenylchloroarsine (DA) (CAS                     (J) Variola minor virus (Alastrim);                 aminoethyl alkyl (methyl, ethyl, N-
                                                  712–48–1); or                                              (K) Yersinia pestis; or                             propyl or isopropyl) phosphonite and
                                                     (iii) Diphenylcyanoarsine (DC) (CAS                     (L) Rinderpest virus.                               corresponding alkylated and protonated
                                                  23525–22–6);                                               (2) Biological agent or biologically                salts, such as QL: O-Ethyl-2-di-
                                                     (5) Chemical warfare agents not                      derived substances controlled in ECCNs                 isopropylaminoethyl
                                                  enumerated above adapted for use in                     1C351, 1C352, 1C353, or 1C354:                         methylphosphonite (CAS 57856–11–8)
                                                  war to produce casualties in humans or                     (i) Physically modified, formulated, or             (CWC Schedule 1B);
                                                  animals, degrade equipment, or damage                   produced as any of the following:                         (3) Chlorosarin: O-Isopropyl
                                                  crops or the environment. (See the CCL                     (A) 1—10 micron particle size;                      methylphosphonochloridate (CAS
                                                  at ECCNs 1C350, 1C355, and 1C395 for                       (B) Particle-absorbed or combined                   1445–76–7) (CWC Schedule 1B);
                                                  control of certain chemicals not adapted                with nano-particles;                                      (4) Chlorosoman: O-Pinakolyl
                                                  for use in war.)                                           (C) Having coatings/surfactants, or                 methylphosphonochloridate (CAS
                                                     Note to paragraph (a)(5): ‘‘Adapted                     (D) By microencapsulation; and                      7040–57–5) (CWC Schedule 1B); or
                                                  for use in war’’ means any modification                    (ii) Meeting the criteria of paragraph                 (5) Methlyphosphonyl dichloride
                                                  or selection (such as altering purity,                  (b)(2)(i) of this category in a manner that            (CAS 676–97–1) (CWC Schedule 2B);
                                                  shelf life, dissemination characteristics,              results in an increase in any of the                   Methylphosphinyldichloride (CAS 676–
                                                  or resistance to ultraviolet radiation)                 following:                                             83–5) (CWC Schedule 2B).
                                                  designed to increase the effectiveness in                  (A) Persistence in a field environment                 (d) [Reserved]
                                                  producing casualties in humans or                       (e.g., resistant to oxygen, UV damage,                    (e) Defoliants, as follows:
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  animals, degrading equipment, or                        temperature extremes, or arid                             (1) 2,4,5-trichlorophenoxyacetic acid
                                                  damaging crops or the environment.                      conditions);                                           (CAS 93–76–5) mixed with 2,4-
                                                                                                             (B) Dispersal characteristics (e.g.,                dichlorophenoxyacetic acid (CAS 94–
                                                    Note 1 to paragraph (a): Paragraph (a) of
                                                  this category does not include the following:
                                                                                                          reduce the susceptibility to shear forces,             75–7) (Agent Orange (CAS 39277–47–
                                                  Cyanogen chloride, Hydrocyanic acid,                    optimize electrostatic charges); or                    9));or
                                                  Chlorine, Carbonyl chloride (Phosgene),                    (C) The ability to defeat or overcome:                 (2) Butyl 2-chloro-4-
                                                  Ethyl bromoacetate, Xylyl bromide, Benzyl               standard detection methods, personnel                  fluorophenoxyacetate (LNF).
                                                  bromide, Benzyl iodide, Chloro acetone,                 protection, natural or acquired host                      *(f) Equipment or items, as follows:


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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                         34577

                                                     (1) Any equipment for the                            photometric detector (FPD) or pulsed FPD                 (ii) PCR–BRU–1FB–K Brucella Target
                                                  dissemination, dispersion, or testing of                (PFPD) and using sorption/desorption tools             1 FastBlock Master Mix;
                                                  items controlled in paragraphs (a), (b),                to increase sensitivity.                                 (iii) PCR–BRU–1R–K Brucella Target
                                                  (c), or (e) of this category, as follows:                 (5) [Reserved]                                       1 LightCycler/RAPID Master Mix;
                                                     (i) Any equipment ‘‘specially                          (6) [Reserved]                                         (iv) PCR–BURK–2FB–B–K
                                                  designed’’ for the dissemination and                      (7) Chemical Agent Resistant Coatings                Burkholderia Target 2 FastBlock Master
                                                  dispersion of items controlled in                       that have been qualified to military                   Mix Biotinylated;
                                                  paragraphs (a), (b), (c), or (e) of this                specifications (MIL–DTL–64159, MIL–                      (v) PCR–BURK–2FB–K Burkholderia
                                                  category; or                                            C–46168, or MIL–C–53039); or                           Target 2 FastBlock Master Mix;
                                                     (ii) Any equipment ‘‘specially                         (8) Any equipment, material, tooling,                  (vi) PCR–BURK–2R–K Burkholderia
                                                  designed’’ for testing the items                        hardware or test equipment that:                       Target 2 LightCycler/RAPID Master Mix;
                                                  controlled in paragraphs (a), (b), (c), (e),              (i) Is classified;                                     (vii) PCR–BURK–3FB–B–K
                                                  or (f)(4) of this category developed                      (ii) Is manufactured using classified                Burkholderia Target 3 FastBlock Master
                                                  under a Department of Defense contract                  production data; or                                    Mix Biotinylated;
                                                  or other funding authorization.                           (iii) Is being developed using                         (viii) PCR–BURK–3FB–K
                                                     (2) Any equipment containing                         classified information.                                Burkholderia Target 3 FastBlock Master
                                                  reagents, algorithms, coefficients,                                                                            Mix;
                                                                                                            Note to paragraph (f)(8): ‘‘Classified’’               (ix) PCR–BURK–3R–K Burkholderia
                                                  software, libraries, spectral databases, or             means classified pursuant to Executive Order
                                                  alarm set point levels developed under                                                                         Target 3 LightCycler/RAPID Master Mix;
                                                                                                          13526, or predecessor order, and a security              (x) PCR–COX–1FB–B–K Coxiella
                                                  a Department of Defense contract or                     classification guide developed pursuant
                                                  other funding authorization for the                     thereto or equivalent, or to the corresponding
                                                                                                                                                                 burnetii Target 1 FastBlock Master Mix
                                                  detection, identification, warning, or                  classification rules of another government.            Biotinylated;
                                                  monitoring of:                                                                                                   (xi) PCR–COX–1R–K Coxiella burnetii
                                                                                                             (g) Antibodies, recombinant                         Target 1 LightCycler/RAPID Master Mix;
                                                     (i) Items controlled in paragraphs (a)               protective antigens, polynucleotides,
                                                  or (b) of this category; or                                                                                      (xii) PCR–COX–2R–K Coxiella
                                                                                                          biopolymers, or biocatalysts (including                burnetii Target 2 LightCycler/RAPID
                                                     (ii) Chemical or biological agents                   their expression vectors, viruses,
                                                  specified by a Department of Defense                                                                           Master Mix;
                                                                                                          plasmids, or cultures of specific cells                  (xiii) PCR–OP–1FB–B–K Orthopox
                                                  contract or other funding authorization.                modified to produce them) as follows:                  Target 1 FastBlock Master Mix
                                                    Note 1 to paragraph (f)(2): This paragraph               (1) When exclusively funded by a                    Biotinylated;
                                                  does not control items that are (a) determined          Department of Defense contract for                       (xiv) PCR–OP–1FB–K Orthopox
                                                  to be subject to the EAR via a commodity                detection of the biological agents at                  Target 1 FastBlock Master Mix;
                                                  jurisdiction determination (see § 120.4 of this
                                                                                                          paragraph (b)(1)(ii) of this category even               (xv) PCR–OP–1R–K Orthopox Target 1
                                                  subchapter), or (b) identified in the relevant
                                                  Department of Defense contract or other                 if naturally occurring;                                LightCycler/RAPID Master Mix;
                                                  funding authorization as being developed for               (2) Joint Biological Agent                            (xvi) PCR–OP–2FB–B–K Orthopox
                                                  both civil and military applications.                   Identification and Diagnostic System                   Target 2 FastBlock Master Mix
                                                                                                          (JBAIDS) Freeze Dried reagents listed by               Biotinylated;
                                                    Note 2 to paragraph (f)(2): Note 1 does not           JRPD–ASY-No and Description                              (xvii) PCR–OP–3R–K Orthopox Target
                                                  apply to defense articles enumerated on the             respectively as follows:                               3 LightCycler/RAPID Master Mix;
                                                  USML.                                                      (i) JRPD–ASY–0016 Q-Fever IVD Kit;                    (xviii) PCR–RAZOR–BT–X PCR–
                                                                                                             (ii) JRPD–ASY–0100 Vaccinia                         RAZOR–BT–X RAZOR CRP BioThreat-X
                                                     Note 3 to paragraph (f)(2): This paragraph
                                                                                                          (Orthopox);                                            Screening Pouch;
                                                  is applicable only to those contracts and
                                                  funding authorizations that are dated [DATE                (iii) JRPD–ASY–0106 Brucella                          (xix) PCR–RIC–1FB–K Ricin Target 1
                                                  ONE YEAR AFTER DATE OF PUBLICATION                      melitensis (Brucellosis);                              FastBlock Master Mix;
                                                  OF THE FINAL RULE], or later.                              (iv) JRPD–ASY–0108 Rickettsia                         (xx) PCR–RIC–1R–K Ricin Target 1
                                                                                                          prowazekii (Rickettsia);                               LightCycler/RAPID Master Mix;
                                                     (3) [Reserved]                                                                                                (xxi) PCR–RIC–2R–K Ricin Target 2
                                                     (4) For individual protection or                        (v) JRPD–ASY–0109 Burkholderia ssp.
                                                                                                          (Burkholderia);                                        LightCycler/RAPID Master Mix; or
                                                  collective protection against the items                                                                          (xxii) PCR–VEE–1R–K Venezuelan
                                                  controlled in paragraphs (a) and (b) of                    (vi) JRPD–ASY–0112 Eastern equine
                                                                                                          encephalitis (EEE);                                    equine encephalitis Target 1
                                                  this category, as follows:                                                                                     LightCycler/RAPID Master Mix; or
                                                     (i) M53 Chemical Biological                             (vii) JRPD–ASY–0113 Western equine
                                                                                                                                                                   (4) Critical Reagent Program
                                                  Protective Mask or M50 Joint Service                    encephalitis (WEE);
                                                                                                                                                                 Antibodies with Catalog ID and Product
                                                  General Purpose Mask (JSGPM);                              (viii) JRPD–ASY–0114 Venezuelan
                                                                                                                                                                 respectively as follows:
                                                     (ii) Filter cartridges containing                    equine encephalitis (VEE);
                                                                                                                                                                   (i) AB–AG–RIC Aff. Goat anti-Ricin;
                                                  sorbents controlled in paragraph                           (ix) JRPD–ASY–0122 Coxiella burnetii                  (ii) AB–ALVG–MAB Anti-Alphavirus
                                                  (f)(4)(iii) of this category;                           (Coxiella);                                            Generic Mab;
                                                     (iii) ASZM–TEDA carbon; or                              (x) JRPD–ASY–0136 Influenza A/H5                      (iii) AB–AR–SEB Aff. Rabbit anti-SEB;
                                                     (iv) Ensembles, garments, suits,                     IVD Detection Kit;                                       (iv) AB–BRU–M–MAB1 Anti-Brucella
                                                  jackets, pants, boots, or socks for                        (xi) JRPD–ASY–0137 Influenza A/B                    melitensis Mab 1;
                                                  individual protection, and liners for                   IVD Detection Kit; or                                    (v) AB–BRU–M–MAB2 Anti-Brucella
                                                  collective protection that allow no more                   (xii) JRPD–ASY–0138 Influenza A
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                                                                                 melitensis Mab 2;
                                                  than 1% breakthrough of GD or no more                   Subtype IVD Detection Kit;                               (vi) AB–BRU–M–MAB3 Anti-Brucella
                                                  than 2% of HD;                                             (3) Critical Reagent Polymerase (CRP)               melitensis Mab 3;
                                                                                                          Chain Reactions (PCR) assay kits with                    (vii) AB–BRU–M–MAB4 Anti-
                                                    Note to paragraph (f)(4)(iv): Evaluation is
                                                  made by applying 10 mg of GD or HD to a
                                                                                                          Catalog-ID and Catalog-ID Product                      Brucella melitensis Mab 4;
                                                  1-inch swatch. Ambient air is directed                  respectively as follows:                                 (viii) AB–CHOL–0139–MAB Anti-
                                                  through the swatch for 24 hours and                        (i) PCR–BRU–1FB–B–K Brucella                        V.cholerae 0139 Mab;
                                                  sampled/tested from the opposite side of the            Target 1 FastBlock Master Mix                            (ix) AB–CHOL–01–MAB Anti-V.
                                                  swatch using a gas chromatograph with flame             Biotinylated;                                          cholerae 01 Mab;


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                                                  34578                 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

                                                     (x) AB–COX–MAB Anti-Coxiella Mab;                      (1) Recombinant Botulinum Toxin A/                   Category XVIII—Directed Energy
                                                     (xi) AB–EEE–MAB Anti-EEE Mab;                        B Vaccine;                                             Weapons
                                                     (xii) AB–G–BRU–A Goat anti-Brucella                    (2) Recombinant Plague Vaccine;                         *(a) Directed energy weapons (DEW):
                                                  abortus;                                                  (3) Trivalent Filovirus Vaccine; or
                                                     (xiii) AB–G–BRU–M Goat anti-                                                                                systems or equipment that, as their sole
                                                                                                            (4) Vaccines specially designed for the              or primary purpose (i.e., not as a result
                                                  Brucella melitensis;                                    sole purpose of protecting against
                                                     (xiv) AB–G–BRU–S Goat anti-Brucella                                                                         of incidental, accidental or collateral
                                                                                                          biological agents and biologically                     effect), degrade, destroy or cause
                                                  suis;
                                                     (xv) AB–G–CHOL–01 Goat anti-                         derived substances identified in                       mission-abort of a target; disturb,
                                                  V.cholerae 0:1;                                         paragraph (b) of this category.                        disable, or damage electronic circuitry,
                                                     (xvi) AB–G–COL–139 Goat anti-                          Note to paragraph (h): See ECCN 1A607.k              sensors or explosive devices remotely;
                                                  V.cholerae 0:139;                                       for military medical countermeasures such as           deny area access; cause lethal effects; or
                                                     (xvii) AB–G–DENG Goat anti-Dengue;                   autoinjectors, combopens, and creams.                  cause permanent or flash blindness
                                                     (xviii) AB–G–RIC Goat anti-Ricin;                      (i) Modeling or simulation tools,                    using any non-acoustic technique such
                                                     (xix) AB–G–SAL–T Goat anti-S. typhi;                                                                        as lasers (including continuous wave or
                                                                                                          including software controlled in
                                                     (xx) AB–G–SEA Goat anti-SEA;                                                                                pulsed lasers), particle beams, particle
                                                     (xxi) AB–G–SEB Goat anti-SEB;                        paragraph (m) of this category, for
                                                                                                          chemical or biological weapons design,                 accelerators that project a charged or
                                                     (xxii) AB–G–SEC Goat anti-SEC;                                                                              neutral particle beam, high power radio-
                                                     (xxiii) AB–G–SED Goat anti-SED;                      development, or employment developed
                                                                                                          or produced under a Department of                      frequency (RF), or high pulsed power or
                                                     (xxiv) AB–G–SEE Goat anti-SEE;                                                                              high average power radio frequency
                                                     (xxv) AB–G–SHIG–D Goat anti-                         Defense contract or other funding
                                                                                                          authorization (e.g., the Department of                 beam transmitters.
                                                  Shigella dysenteriae;
                                                                                                          Defense’s HPAC, SCIPUFF, and the Joint                    *(b) Systems or equipment specially
                                                     (xxvi) AB–R–BA–PA Rabbit anti-
                                                                                                          Effects Model (JEM)).                                  designed to detect, identify or provide
                                                  Protective Antigen;
                                                     (xxvii) AB–R–COX Rabbit anti-C.                                                                             defense against articles specified in
                                                                                                            (j)—(l) [Reserved]
                                                  burnetii;                                                                                                      paragraph (a) of this category.
                                                                                                            (m) Technical data (as defined in                       (c)–(d) [Reserved]
                                                     (xxviii) AB–RIC–MAB1 Anti-Ricin                      § 120.10 of this subchapter) and defense
                                                  Mab 1;                                                                                                            (e) Components, parts, accessories,
                                                                                                          services (as defined in § 120.9 of this                attachments, and associated systems or
                                                     (xxix) AB–RIC–MAB2 Anti-Ricin Mab                    subchapter) directly related to the
                                                  2;                                                                                                             equipment specially designed for any of
                                                                                                          defense articles enumerated in                         the articles in paragraphs (a) and (b) of
                                                     (xxx) AB–RIC–MAB3 Anti-Ricin                         paragraphs (a) through (l) and (n) of this
                                                  Mab3;                                                                                                          this category.
                                                                                                          category; (See § 125.4 of this subchapter                 (f) Developmental directed energy
                                                     (xxxi) AB–R–SEB Rabbit anti-SEB;
                                                                                                          for exemptions.)                                       weapons funded by the Department of
                                                     (xxxii) AB–R–VACC Rabbit anti-
                                                  Vaccinia;                                                 (n) Developmental countermeasures                    Defense via contract or other funding
                                                     (xxxiii) AB–SEB–MAB Anti-SEB Mab;                    or sorbents funded by the Department of                authorization;
                                                     (xxxiv) AB–SLT2–MAB Anti-Shigella-                   Defense via contract or other funding
                                                                                                          authorization;                                           Note 1 to paragraph (f): This paragraph
                                                  like t x2 Mab;                                                                                                 does not control directed energy weapons (a)
                                                     (xxxv) AB–T2T–MAB1 Anti-T2 Mab                         Note 1 to paragraph (n): This paragraph              in production, (b) determined to be subject to
                                                  1;                                                      does not control countermeasures or sorbents           the EAR via a commodity jurisdiction
                                                     (xxxvi) AB–T2T–MAB2 Anti-T2                          that are (a) in production, (b) determined to          determination (see § 120.4 of this
                                                  Toxin 2;                                                be subject to the EAR via a commodity                  subchapter), or (c) identified in the relevant
                                                     (xxxvii) AB–VACC–MAB1 Anti-                          jurisdiction determination (see § 120.4 of this        Department of Defense contract or other
                                                  Vaccinia Mab 1;                                         subchapter), or (c) identified in the relevant         funding authorization as being developed for
                                                     (xxxviii) AB–VACC–MAB2 Anti-                         Department of Defense contract or other                both civil and military applications.
                                                  Vaccinia Mab 2;                                         funding authorization as being developed for
                                                     (xxxix) AB–VACC–MAB3 Anti-                           both civil and military applications.                    Note 2 to paragraph (f): Note 1 does not
                                                                                                                                                                 apply to defense articles enumerated on the
                                                  Vaccinia Mab 3;                                           Note 2 to paragraph (n): Note 1 does not             USML, whether in production or
                                                     (xl) AB–VACC–MAB4 Anti-Vaccinia                      apply to defense articles enumerated on the            development.
                                                  Mab 4;                                                  USML, whether in production or
                                                     (xli) AB–VACC–MAB5 Anti-Vaccinia                     development.                                             Note 3 to paragraph (f): This paragraph is
                                                  Mab 5;                                                                                                         applicable only to those contracts and
                                                     (xlii) AB–VACC–MAB6 Anti-Vaccinia                      Note 3 to paragraph (n): This paragraph is           funding authorizations that are dated [DATE
                                                  Mab 6;                                                  applicable only to those contracts and                 ONE YEAR AFTER DATE OF PUBLICATION
                                                     (xliii) AB–VEE–MAB1 Anti-VEE Mab                     funding authorizations that are dated [DATE            OF THE FINAL RULE], or later.
                                                  1;                                                      ONE YEAR AFTER DATE OF PUBLICATION
                                                                                                          OF THE FINAL RULE], or later.                            (g) Technical data (as defined in
                                                     (xliv) AB–VEE–MAB2 Anti-VEE Mab                                                                             § 120.10 of this subchapter) and defense
                                                  2;                                                        (o)–(w) [Reserved]                                   services (as defined in § 120.9 of this
                                                     (xlv) AB–VEE–MAB3 Anti-VEE Mab                         (x) Commodities, software, and                       subchapter) directly related to the
                                                  3;                                                      technology subject to the EAR (see                     defense articles enumerated in
                                                     (xlvi) AB–VEE–MAB4 Anti-VEE Mab                      § 120.42 of this subchapter) used in or                paragraphs (a) through (e) of this
                                                  4;                                                      with defense articles controlled in this
                                                     (xlvii) AB–VEE–MAB5 Anti-VEE Mab                                                                            category;
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                                                                          category.                                                (h)–(w) [Reserved]
                                                  5
                                                     (xlviii) AB–VEE–MAB6 Anti-VEE                          Note to paragraph (x): Use of this                     (x) Commodities, software, and
                                                  Mab 6; or                                               paragraph is limited to license applications           technology subject to the EAR (see
                                                     (xlix) AB–WEE–MAB Anti-WEE                           for defense articles controlled in this category       § 120.42 of this subchapter) used in or
                                                                                                          where the purchase documentation includes              with defense articles controlled in this
                                                  Complex Mab.                                            commodities, software, or technology subject
                                                     (h) Vaccines exclusively funded by a                                                                        category.
                                                                                                          to the EAR (see § 123.1(b) of this subchapter).
                                                  Department of Defense contract, as                                                                               Note to paragraph (x): Use of this
                                                  follows:                                                *      *      *       *      *                         paragraph is limited to license applications



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                                                                        Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules                                              34579

                                                  for defense articles controlled in this category        instructions for accessing agency                      review the comments or other
                                                  where the purchase documentation includes               documents, submitting comments, and                    documents in the public rulemaking
                                                  commodities, software, or technology subject            viewing the docket, is available on the                record for this notice. If you want to
                                                  to the EAR (see § 123.1(b) of this subchapter).         site under ‘‘Are you new to the site?’’                schedule an appointment for this type of
                                                    Dated: June 3, 2015.                                     • Postal Mail, Commercial Delivery,                 accommodation or auxiliary aid, please
                                                                                                          or Hand Delivery: If you mail or deliver               contact the person listed under FOR
                                                  Rose E. Gottemoeller,
                                                                                                          your comments about the proposed                       FURTHER INFORMATION CONTACT.
                                                  Under Secretary, Arms Control and                                                                                 Purpose of Program: Under the
                                                                                                          priority, address them to Jerry Elliott,
                                                  International Security, Department of State.
                                                                                                          U.S. Department of Education, 400                      Rehabilitation Act of 1973
                                                  [FR Doc. 2015–14472 Filed 6–16–15; 8:45 am]                                                                    (Rehabilitation Act), as amended by
                                                                                                          Maryland Avenue SW., Room 5042,
                                                  BILLING CODE 4710–25–P                                                                                         WIOA, the Rehabilitation Services
                                                                                                          Potomac Center Plaza (PCP),
                                                                                                          Washington, DC 20202–2800.                             Administration (RSA) makes grants to
                                                                                                             Privacy Note: The Department’s                      States and public or nonprofit agencies
                                                  DEPARTMENT OF EDUCATION                                 policy is to make all comments received                and organizations (including
                                                                                                          from members of the public available for               institutions of higher education) to
                                                  34 CFR Chapter III                                      public viewing in their entirety on the                support projects that provide training,
                                                  [Docket ID ED–2015–OSERS–0069]                          Federal eRulemaking Portal at                          traineeships, and TA designed to
                                                                                                          www.regulations.gov. Therefore,                        increase the numbers of, and improve
                                                  Proposed Priority—Rehabilitation                        commenters should be careful to                        the skills of, qualified personnel
                                                  Training: Vocational Rehabilitation                     include in their comments only                         (especially rehabilitation counselors)
                                                  Workforce Innovation Technical                          information that they wish to make                     who are trained to provide vocational,
                                                  Assistance Center                                       publicly available.                                    medical, social, and psychological
                                                  AGENCY:  Office of Special Education and                FOR FURTHER INFORMATION CONTACT: Jerry                 rehabilitation services to individuals
                                                  Rehabilitative Services, Department of                  Elliott. Telephone: (202) 245–7335 or by               with disabilities; assist individuals with
                                                  Education.                                              email: jerry.elliott@ed.gov.                           communication and related disorders;
                                                                                                             If you use a telecommunications                     and provide other services authorized
                                                  ACTION: Proposed priority.
                                                                                                          device for the deaf (TDD) or a text                    under the Rehabilitation Act.
                                                                                                          telephone (TTY), call the Federal Relay                  Program Authority: 29 U.S.C. 772(a)(1).
                                                  [CFDA Number: 84.264G.]
                                                                                                          Service (FRS), toll free, at 1–800–877–                   Proposed Priority:
                                                  SUMMARY:   The Assistant Secretary for                  8339.                                                     This notice contains one proposed
                                                  Special Education and Rehabilitative                    SUPPLEMENTARY INFORMATION:                             priority.
                                                  Services proposes a priority to establish                 Invitation to Comment: We invite you                    Workforce Innovation Technical
                                                  the Workforce Innovation Technical                      to submit comments regarding this                      Assistance Center. Background:
                                                  Assistance Center. The Assistant                        notice. To ensure that your comments                      WIOA supersedes the Workforce
                                                  Secretary may use this priority for                     have maximum effect in developing the                  Investment Act of 1998 and amends the
                                                  competitions in fiscal year (FY) 2015                   notice of final priority, we urge you to               Rehabilitation Act, making major
                                                  and later years. We take this action to                 identify clearly the specific section of               changes that affect the management and
                                                  provide training and technical                          the proposed priority that each                        performance of the VR program and
                                                  assistance (TA) to State vocational                     comment addresses.                                     Supported Employment program.
                                                  rehabilitation (VR) agencies to improve                   We invite you to assist us in                        Among the changes are: (a) A
                                                  services under the State Vocational                     complying with the specific                            requirement that States reserve at least
                                                  Rehabilitation Services program (VR                     requirements of Executive Orders 12866                 15 percent of their Federal VR allotment
                                                  program) and State Supported                            and 13563 and their overall requirement                for providing or arranging for the
                                                  Employment Services program for                         of reducing regulatory burden that                     provision of pre-employment transition
                                                  individuals with disabilities, including                might result from this proposed priority.              services to students with disabilities; (b)
                                                  those with the most significant                         Please let us know of any further ways                 a requirement that States reserve at least
                                                  disabilities, and to implement changes                  we could reduce potential costs or                     50 percent of their Federal Supported
                                                  to the Rehabilitation Act of 1973, as                   increase potential benefits while                      Employment allotment for the provision
                                                  amended by the Workforce Innovation                     preserving the effective and efficient                 of supported employment services,
                                                  and Opportunity Act (WIOA), signed                      administration of the program.                         including extended services, to youth
                                                  into law on July 22, 2014.                                During and after the comment period,                 with the most significant disabilities; (c)
                                                  DATES: We must receive your comments                    you may inspect all public comments                    a requirement that States provide a 10
                                                  on or before July 17, 2015.                             about this notice by accessing                         percent non-Federal share to match the
                                                  ADDRESSES: Submit your comments                         Regulations.gov. You may also inspect                  50 percent of Supported Employment
                                                  through the Federal eRulemaking Portal                  the comments in person in Room 5021,                   allotment reserved for the provision of
                                                  or via postal mail, commercial delivery,                550 12th Street SW., PCP, Washington,                  supported employment services to
                                                  or hand delivery. We will not accept                    DC, 20202–2800, between the hours of                   youth with the most significant
                                                  comments submitted by fax or by email                   8:30 a.m. and 4:00 p.m., Washington,                   disabilities; (d) a requirement that VR
                                                  or those submitted after the comment                    DC time, Monday through Friday of                      agencies provide documentation of the
                                                  period. To ensure that we do not receive                each week except Federal holidays.                     completion of certain specified
srobinson on DSK5SPTVN1PROD with PROPOSALS




                                                  duplicate copies, please submit your                    Please contact the person listed under                 activities to individuals with
                                                  comments only once. In addition, please                 FOR FURTHER INFORMATION CONTACT.                       disabilities, including youth with
                                                  include the Docket ID at the top of your                  Assistance to Individuals with                       disabilities, seeking or wanting to
                                                  comments.                                               Disabilities in Reviewing the                          maintain employment at a subminimum
                                                    • Federal eRulemaking Portal: Go to                   Rulemaking Record: On request we will                  wage; (e) a heightened emphasis on the
                                                  www.regulations.gov to submit your                      provide an appropriate accommodation                   achievement of competitive integrated
                                                  comments electronically. Information                    or auxiliary aid to an individual with a               employment by individuals with
                                                  on using Regulations.gov, including                     disability who needs assistance to                     disabilities; (f) enhanced coordination


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Document Created: 2015-12-15 14:22:48
Document Modified: 2015-12-15 14:22:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesThe Department of State will accept comments on this proposed rule until August 17, 2015.
ContactMr. C. Edward Peartree, Director, Office of Defense Trade Controls Policy, Department of State, telephone (202) 663-2792; email [email protected] ATTN: ITAR Amendment--USML Categories XIV and XVIII.
FR Citation80 FR 34572 
RIN Number1400-AD03
CFR AssociatedArms and Munitions and Exports

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