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)
Federal Register Volume 80, Issue 116 (June 17, 2015)
| Page Range | 34572-34579 | |
| FR Document | 2015-14472 |
[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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: [email protected] 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 [email protected]. 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 C 10 , 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
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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-
srobinson on DSK5SPTVN1PROD with PROPOSALS
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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(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
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | The Department of State will accept comments on this proposed rule until August 17, 2015. | |
| Contact | Mr. 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 Citation | 80 FR 34572 | |
| RIN Number | 1400-AD03 | |
| CFR Associated | Arms and Munitions and Exports |
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