80 FR 39950 - Clarifications and Corrections to the Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items the President Determines No Longer Warrant Control Under the United States Munitions List (USML)

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 80, Issue 133 (July 13, 2015)

This final rule makes additional clarifications and corrections to the interim final rule that was published on May 13, 2014. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV--spacecraft and related items. The changes included in this final rule are limited to corrections and clarifications to what was included in the interim final rule. This is the second corrections and clarifications rule BIS has published for the May 13 rule. These corrections and clarifications were also informed by comments received in response to the May 13 rule that included a request for comments. The corrections and clarifications to the May 13 rule are also part of Commerce's retrospective regulatory review plan under Executive Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION section of this rule for information on the availability of the plan).

[Federal Register Volume 80, Number 133 (Monday, July 13, 2015)]
[Rules and Regulations]
[Pages 39950-39957]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16904]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 736, 740, 744, 748, and 774

[Docket No. 150325297-5297-01]
RIN 0694-AG59


Clarifications and Corrections to the Export Administration 
Regulations (EAR): Control of Spacecraft Systems and Related Items the 
President Determines No Longer Warrant Control Under the United States 
Munitions List (USML)

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: This final rule makes additional clarifications and 
corrections to the interim final rule that was published on May 13, 
2014. The May 13 rule added controls to the Export Administration 
Regulations (EAR) for spacecraft and related items that the President 
has determined no longer warrant control under United States Munitions 
List (USML) Category XV--spacecraft and related items.
    The changes included in this final rule are limited to corrections 
and clarifications to what was included in the interim final rule. This 
is the second corrections and clarifications rule BIS has published for 
the May 13 rule. These corrections and clarifications were also 
informed by comments received in response to the May 13 rule that 
included a request for comments.
    The corrections and clarifications to the May 13 rule are also part 
of Commerce's retrospective regulatory review plan under Executive 
Order (EO) 13563 (see the SUPPLEMENTARY INFORMATION section of this 
rule for information on the availability of the plan).

DATES: This rule is effective July 13, 2015.

FOR FURTHER INFORMATION CONTACT: For questions about the ECCNs included 
in this rule, contact Dennis Krepp, Office of National Security and 
Technology Transfer Controls, Bureau of Industry and Security, U.S. 
Department of Commerce, Telephone: 202-482-1309, email: 
[email protected]. For general questions about the regulatory 
changes pertaining to satellites, spacecraft, and related items, 
contact the Regulatory Policy Division, Office of Exporter Services, 
Bureau of Industry and Security, at 202-482-2440 or email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    This final rule makes corrections and clarifications to the interim 
final rule, Revisions to the Export Administration Regulations (EAR): 
Control of Spacecraft Systems and Related Items the President 
Determines No Longer Warrant Control Under the United States Munitions 
List (USML), that was published on May 13, 2014 (79 FR 27417) (May 13 
rule). The May 13 rule added controls to the Export Administration 
Regulations (EAR) for spacecraft and related items that the President 
has determined no longer warrant control under United States Munitions 
List (USML) Category XV--spacecraft and related items. The vast 
majority of the changes included in the May 13 rule have been 
implemented as published in the interim final rule and are not 
republished in this final rule. A full description of those changes can 
be found in the Background section and the regulatory text of the May 
13 rule. BIS also published corrections and clarifications to the May 
13 rule in a final rule published on November 12, 2014 (79 FR 67055).
    The changes included in this final rule are limited to corrections 
and clarifications to what was included in the May 13 rule but are also 
informed by comments received in response to the May 13 rule. These 
corrections and clarifications to the May 13 rule are described below.
    In Sec.  736.2 (General Prohibitions), this final rule revises the 
heading of paragraph (b)(3)(iii) (Additional country scope of 
prohibition for 9x515 or ``600 series'' items) to remove the term 
``additional.'' The country scope of prohibition of paragraph 
(b)(3)(iii) for the 9x515 and ``600 series'' items is specified in this 
paragraph for purposes of General Prohibition Three. The country scope 
of prohibition of paragraph (b)(3)(iii) for the 9x515 items applies to 
destinations in Country Groups D:5 and E:1 (see Supplement No. 1 to 
part 740 of the EAR). However, because of the use of the term 
``additional'' in the heading of paragraph (b)(3)(iii), BIS has 
received questions from the public whether the country scope of 
prohibition specified in paragraph (b)(3)(i) also needs to be

[[Page 39951]]

considered for purposes of the 9x515 items. The country scope of 
paragraph (b)(3)(i) does not apply to 9x515 items, so this final rule 
revises the heading of paragraph (b)(3)(iii) to clarify this point by 
removing the term ``additional.'' This rule does not change the country 
scope of prohibition for the 9x515 or ``600 series'' items. Reexporters 
are reminded that the country scope of prohibition for the ``600 
series'' items, which includes Country Groups D:1, D:3, D:4, D:5 or 
E:1, is broader than that for 9x515 items.
    In Sec.  740.20 under paragraph (d) (Prior Consignee Statement), 
this final rule revises the introductory text of paragraph (d)(2) to 
remove two sentences that were intended to be removed in a December 29, 
2014 (79 FR 77866) final rule, but were not removed as intended because 
of ambiguity in the amendatory instruction. This rule removes the two 
outdated sentences. This final rule sets out the full text of paragraph 
(d)(2) to ensure the text of this paragraph accurately reflects past 
revisions of the EAR.
    In addition, this final rule makes three minor clarifications to 
the text of paragraph (d)(2) to make the intent of the paragraph 
clearer. First, this rule removes the term ``and'' in the phrase 
``exporter, reexporter and transferor'' and replaces it with ``or'' in 
two places in paragraph (d)(2). This clarification is made because the 
party making the export, reexport or transfer (in-country) authorized 
under License Exception STA is the person responsible for obtaining the 
prior consignee statement and maintaining a log or other record 
consistent with the requirements of paragraph (d)(2). The use of the 
term ``and'' may have given the misimpression that the exporter 
receiving the prior consignee statement would also need to obtain a 
prior consignee statement for subsequent transfers (in-country) or 
reexports authorized under License Exception STA, which is not required 
under paragraph (d)(2). Second, this final rule adds the parenthetical 
phrase ``(such as documents created in the ordinary course of 
business)'' to provide an example of an ``other record'' in paragraph 
(d)(2). Third, this final rule adds an ``(S)'' at the end of the terms 
``NAME'' and ``CONSIGNEE'' in the bracketed text at the end of 
paragraph (d)(2). Making these two terms plural clarifies that multiple 
consignees may be included on the same prior consignee statement, 
provided all of the applicable requirements of paragraph (d)(2) are 
met. This is an existing BIS interpretation of paragraph (d)(2) that 
this edit clarifies.
    In Sec.  744.21 (Restrictions on certain `military end uses' in the 
People's Republic of China (PRC) or for a `military end use' or 
`military end user' in Russia or Venezuela), this final rule revises 
the general prohibition in paragraph (a)(2) in Sec.  744.21 for the 
9x515 and ``600 series'' ECCNs to clarify that the use in, with, or for 
the International Space Station (ISS) for exports, reexports, or 
transfers within Russia of these 9x515 and ``600 series'' items is not 
within the scope of the general prohibition, including launch to the 
ISS. Exports, reexports, and transfers (in-country) to China and 
Venezuela are not eligible for the ISS exclusion from the Sec.  744.21 
license requirements in paragraph (a)(2) because China and Venezuela 
are not ISS partner countries, unlike Russia, which is an ISS partner 
country.
    In Supplement No. 2 to part 748 (Unique application and submission 
requirements), this final rule revises the introductory text of 
paragraphs (y)(1) and (y)(2) to clarify that for purposes of the 
license applications for satellite exports, the requirements specified 
in paragraphs (y)(1)(i) and (ii) and (y)(2)(i) and (ii), respectively, 
can be met either at the time of application or prior to export or 
reexport.
    ECCN 3A611. This final rule makes a clarification to the Related 
Controls paragraph (6) in ECCN 3A611 by adding two references to the 
9x515 ECCNs. These references added in this rule clarify that 
electronic items ``specially designed'' for military application that 
are not controlled in any USML category but are within the scope of a 
9x515 ECCN are controlled by that 9x515 ECCN. This Related Controls 
paragraph (6) already established this relationship between 3A611 and 
other ``600 series'' ECCNs, but references to the 9x515 ECCNs also need 
to be added to clarify the relationship between 3A611 and the 9x515 
ECCNs. This clarification will help exporters determine when they 
should review ECCN 3A611 or a 9x515 ECCN when classifying electronic 
items. Lastly, this final rule corrects the last sentence of the 
Related Controls paragraph (6) to replace ECCN 0A604 that is referenced 
at the end of the paragraph with the correct ECCN 9A604. This change 
corrects a mistake in the cross reference for the ECCN referenced in 
this Related Controls paragraph (6).
    ECCN 9A515. This final rule makes six corrections and 
clarifications to ECCN 9A515. Specifically, these corrections and 
clarifications are made to the MT Control in the License Requirement 
table, to the Related Definitions paragraph and to ``items'' paragraphs 
(d), (e), (x) and (y) in the List of Items Controlled section, as 
described below.
    ECCN 9A515--MT Control. This final rule revises the MT Control 
paragraph in the License Requirements section to add the phrase 
``microcircuits in'' before the reference to 9A515.d and adds the new 
9A515.e.2 to the MT controls. This final rule makes this change to add 
greater specificity regarding what parts of ECCN 9A515.d and 9A515.e.2 
are controlled for MT reasons. This clarification also addresses 
questions BIS has received from the public and will align the ECCN's 
text more closely with the MTCR Annex.
    ECCN 9A515--Related Definitions. This final rule adds a definition 
of `microcircuit' to clarify how the term is understood in the context 
of ECCN 9A515. This rule clarifies that for purposes of ECCN 9A515 a 
`microcircuit' means a device in which a number of passive or active 
elements are considered as indivisibly associated on or within a 
continuous structure to perform the function of a circuit. The addition 
of the Related Definition will make the intent of this ECCN clearer. 
This ECCN 9A515 specific definition of `microcircuit' does not change 
the meaning or interpretation of microcircuit under the EAR. The 
definition of `microcircuit' this final rule adds to ECCN 9A515 is the 
same definition as found in ECCN 3A001 and also as defined by the 
Missile Technology Control Regime (MTCR) Annex. The ECCN 9A515 
definition is limited to providing guidance on the application of the 
definition based on current BIS practice and past interpretive guidance 
BIS has provided, including how the term is defined in that ECCN on the 
CCL and by the MTCR.
    ECCN 9A515.d. This final rule also revises items paragraph (d) in 
the List of Items Controlled section of ECCN 9A515 to conform to the 
intended commodities classified under this paragraph. In the 
introductory text of paragraph (d), this final rule adds MOSFETS to the 
parenthetical phrase that provides examples for microelectronic 
circuits classified under paragraph (d). Importantly, such MOSFETS are 
already classified under 9A515.d. In response to the public's 
questions, however, this addition provides clarity without changing the 
scope of the ECCN. This final rule also adds the phrase ``and discrete 
electronic components'' to ECCN 9A515.d to help the public self-
classify such items and avoid the need to submit classification 
requests. Lastly, this final rule removes the hyphen in the term 
``micro-circuits'' in the

[[Page 39952]]

introductory text of paragraph (d) in the List of Items Controlled 
section of ECCN 9A515 to conform to the other uses of ``microcircuits'' 
in 9A515, including the clarifications being made in this rule where 
the term ``microcircuits'' is used in 9A515.
    ECCN 9A515.e. This final rule also revises items paragraph (e) in 
the List of Items Controlled section of ECCN 9A515 to conform to the 
intended commodities classified under this paragraph. Because of an 
oversight in the control parameter added in the May 13 rule, certain 
commodities that were intended to be classified under this paragraph 
(e) were not classified under this ECCN 9A515. In order to address this 
oversight and provide additional clarity regarding the scope of this 
control parameter, this final rule makes the following changes to 
paragraph (e). In the introductory text of paragraph (e), this final 
rule adds MOSFETS to the parenthetical phrase that provides examples 
for microelectronic circuits classified under paragraph (e). 
Importantly, such MOSFETS are already classified under 9A515.e, so the 
impact of the addition of MOSFETS to the parenthetical phrase is 
limited to providing additional specificity to the phrase, in order to 
make it easier for the public to determine that such MOSFETS are 
classified under 9A515.e. BIS had received questions from the public on 
why BIS had not included MOSFETS in the illustrative parenthetical 
phrase and so, to assist the public and add greater specificity, BIS 
adds MOSFETS to the illustrative list. This final rule also adds the 
phrase ``and discrete electronic components'' to ECCN 9A515.e. Although 
BIS already classifies discrete electronic components under 9A515.e, 
the agency has received questions on this issue. The additional text 
will assist the public with self-classifying such items and avoid the 
submission of unneeded classification requests. This final rule also 
adds to ECCN 9A515 a definition of `microcircuit' in the Related 
Definition as described above. Lastly, in the introductory text of 
paragraph (e), this final rule removes the term ``all'' before 
``characteristics'' and adds in its place the phrase ``meeting or 
exceeding the characteristics in either paragraph e.1 or e.2'' to 
clarify that the control parameters specified in paragraph (e)(1) and 
(e)(2) are applied in the disjunctive. As a conforming change to the 
introductory text of paragraph (e), this final rule consolidates the 
control parameter of (e)(2) with paragraph (e)(1), removes the term 
``and'' at the end of paragraph (e)(1) and adds in its place the term 
``or''. This final rule removes the ``AND'', but because of the 
consolidation of the control parameters of (e)(2) with paragraph (e)(1) 
and the use of ``or'' between the two control parameters in the revised 
paragraph (e)(1), this aspect of the clarification does not 
substantively change what is classified under paragraph (e).
    Lastly, for the changes to paragraph (e), this final rule adds a 
new paragraph (e)(2) to clarify that microelectronic circuits and 
discrete components that meet the scope of the introductory text of 
paragraph (e), have a total dose >= 5 x 10 \5\ Rads (Si) (5 x 10 \3\ Gy 
(Si)), and are not described in 9A515.d are also within the scope of 
ECCN 9A515.e. This is a correction to the control parameter of 
paragraph (e) that addresses questions BIS has received from the public 
regarding the classification of the commodities described under this 
revised paragraph (e)(2). Specifically, the commodities that meet the 
new control parameter under paragraph (e)(2) that this final rule adds 
to ECCN 9A515 are commodities that would have been classified under the 
United States Munitions List (USML) prior to the effective date of the 
May 13 rule. The Summary of the May 13 rule states that ``New Export 
Control Classification Numbers (ECCNs) 9A515, 9B515, 9D515, and 9E515 
created by this rule and existing ECCNs on the Commerce Control List 
(CCL) will control such items.'' In other words, any item that was 
formerly classified under USML Category XV that was moved to the CCL 
would be classified under a 9x515 ECCN or in another ECCN on the CCL 
(such as one of the ECCNs that use space qualified). However, because 
of a mistake in the control parameter under paragraph (e) of ECCN 
9A515, certain commodities that were intended to be classified in this 
ECCN inadvertently dropped to an EAR99 designation, which was contrary 
to the May 13 rule's description of where the commodities formerly 
classified under USML Category XV would be classified on the CCL. As 
noted above, BIS has received inquiries from the public questioning the 
odd result and asking for clarification whether such commodities are 
intended to be EAR99, or if, as specified in the May 13 rule, the 
intent is for such items to be classified in 9A515.e. The questioners 
are correct that the intent was for such commodities to be classified 
under 9A515, and this final rule adds a control parameter to 9A515.e.2 
to ensure consistency with the stated intent of the May 13 rule.
    ECCN 9A515.x. This final rule revises paragraph (x) in the List of 
Items Controlled section. This final rule revises the existing 
exclusions under paragraphs (1), (2) and (4) to clarify what 
commodities are not within the scope of paragraph (x). Specifically, 
under paragraph (1) this final rule adds a reference to ECCN 9A004 to 
clarify that commodities enumerated or controlled in 9A004 are not 
within the scope of 9A515.x. This final rule revises the existing 
exclusion under paragraph (2) by adding the phrase ``discrete 
electronic components'' to clarify that, in addition to microelectronic 
circuits, discrete electronic components are not within the scope of 
ECCN 9A515.x, a change that also conforms with the clarification being 
made to 9A515.e.2 described above. This final rule revises the existing 
exclusion under paragraph (4) to add ECCN 7A003.d.2 to the list of 
ECCNs containing ``space-qualified'' as a control criterion that are 
not within the scope of 9A515.x and deletes 3A002.a.3 because it is no 
longer needed. This final rule also revises the list of items excluded 
from paragraph (x) by adding paragraphs (5), (6), and (7). These 
additional exclusions clarify that the following commodities are also 
not within the scope of 9A515.x: microwave solid state amplifiers and 
microwave assemblies (refer to ECCN 3A001.b.4 for controls on these 
items); traveling wave tube amplifiers (refer to ECCN 3A001.b.8 for 
controls on these items); and commodities elsewhere specified in ECCN 
9A515.y. These clarifications to the exclusions from paragraph (x) will 
address questions BIS has received from the public that asked whether 
certain commodities that were excluded from USML Category XV (on the 
basis of the former Note to USML Category XV) were classified in ECCN 
9A515.x. General Order No. 5 in Supplement No. 1 to part 736 of the EAR 
under paragraph (e)(3) (Prior commodity jurisdiction determinations) 
already provides guidance that such commodities would not be classified 
under a 9A515 entry, but this final rule makes this reading explicit in 
the context of 9A515.x. This clarification makes no change to the scope 
of items classified under 9A515.x and merely provides additional 
guidance to assist the public in understanding the scope of 9A515, in 
particular as it relates to commodities that previously were determined 
to not be subject to the ITAR on the basis of the former Note to USML 
Category XV(e).
    ECCN 9A515.y. This final rule adds a paragraph 9A515.y.1 as the 
first commodity specified under paragraph (y) in this ECCN. As noted in 
the introductory text of paragraph (y), the U.S. Government through the 
section

[[Page 39953]]

748.3(e) process will identify the items that warrant being classified 
under 9x515.y items, such as the commodities being specified under 
9A515.y.1 in this final rule. Specifically, discrete electronic 
``components'' not specified in 9A515.e have been identified in an 
interagency-cleared commodity classification (CCATS) pursuant to Sec.  
748.3(e) as warranting control in 9A515.y.1. This final rule also 
reserves paragraph (y.2) to conform to Federal Register drafting 
requirements.
    The addition described above for ECCN 9A515.y.1 is the first 
approved population of a .y control being added to 9A515. As stated in 
the May 13 rule, BIS (along with State and Defense) will continue to 
populate the 9A515.y with additional entries as additional 
classification determinations are made in response to requests from the 
public under Sec.  748.3(e).
    ECCN 9D001. This final rule revises the NS Controls paragraph in 
the License Requirements section of ECCN 9D001 to add 9A004. ECCN 9A004 
is included in the heading of 9D001, but is not included in the range 
of ECCNs identified in the NS Controls paragraph. ECCN 9A004 should 
have been added to the NS Controls paragraph in 9D001 to conform to the 
changes made to 9A004 in the May 13 rule. This final rule corrects this 
by adding ECCN 9A004 to the NS Controls paragraph for 9D001. In 
addition, for the purposes of clarification, this final rule revises 
the heading of ECCN 9D001 to remove the parenthetical phrase that 
follows 9A004 and revises the Related Controls paragraph of ECCN 9D001 
to remove the reference to 9A004. These clarifications are made because 
there are no longer commodities that are subject to the ITAR in ECCN 
9A004, so there is no need for the parenthetical phrase when 
referencing 9A004 in the heading of 9D001 and there is no need to 
reference 9A004 in the Related Controls paragraph of 9D001. Lastly, 
this final rule removes the parenthetical phrase ``(see 22 CFR parts 
120 through 130)'' after the defined term ``Subject to the ITAR'' in 
the Related Controls paragraph of ECCN 9D002 because the text is 
redundant. The citation information is already included in the 
definition of ``subject to the ITAR'' in Sec.  772.1 of the EAR and 
therefore does not need to be restated on the CCL.
    ECCN 9D002. This final rule revises the NS Controls paragraph in 
the License Requirements section of ECCN 9D002 to add 9A004. ECCN 9A004 
is included in the heading of 9D002, but is not included in the range 
of ECCNs identified in the NS Controls paragraph. ECCN 9A004 should 
have been added to the NS Controls paragraph in 9D002 to conform to the 
changes made to 9A004 in the interim final rule. In addition, for the 
purposes of clarification, this final rule revises the heading of ECCN 
9D002 to remove the parenthetical phrase that follows 9A004 and revises 
the Related Controls paragraph of ECCN 9D002 to remove the reference to 
9A004. These clarifications are made because there are no longer 
commodities that are subject to the ITAR in ECCN 9A004, so there is no 
need for the parenthetical phrase when referencing 9A004 in the heading 
of 9D002 and there is no need to reference 9A004 in the Related 
Controls paragraph of 9D002. Lastly, this final rule removes the 
parenthetical phrase ``(see 22 CFR parts 120 through 130)'' after the 
defined term ``Subject to the ITAR'' in the Related Controls paragraph 
of ECCN 9D002 because the text is redundant as already noted above.
    ECCN 9D515. This final rule reserves the ``items'' paragraphs (f) 
through (x) in the List of Items Controlled section and adds a new 
``items'' paragraph (y) in ECCN 9D515. This change is made to conform 
to the changes made to 9A515.y. In addition, this final rule revises 
the NS and RS Controls paragraph in the License Requirements section to 
exclude software classified under 9D515.y from these controls. Similar 
to the ``600 series'' ECCNs, the (y) software and technology entries 
for the 9x515 items will be controlled at the same level as the related 
(y) commodities.
    ECCN 9E001. This final rule revises the NS Controls paragraph in 
the License Requirements section of ECCN 9E001 to add 9A004. ECCN 9A004 
is included in the heading of 9E001, but is not included in the range 
of ECCNs identified in the NS controls paragraph. ECCN 9A004 should 
have been added to the NS Controls paragraph in 9E001 to conform to the 
changes made to 9A004 in the interim final rule. This final rule 
corrects this by adding ECCN 9A004 to the NS Controls paragraph for 
9E001. In addition, for the purposes of clarification, this final rule 
revises the heading of ECCN 9E001 to remove the parenthetical phrase 
that follows 9A004 and revises Related Controls paragraph (2) to remove 
the reference to 9A004. These clarifications are made because there are 
no longer commodities that are subject to the ITAR in ECCN 9A004, so 
there is no need for the parenthetical phrase when referencing 9A004 in 
the heading of 9E001 and there is no need to reference 9A004 in the 
Related Controls paragraph of 9E001. Lastly, this final rule removes 
the parenthetical phrase ``(see 22 CFR parts 120 through 130)'' after 
the defined term ``Subject to the ITAR'' in the Related Controls 
paragraph of ECCN 9E001 because the text is redundant as already noted 
above.
    ECCN 9E002. Similar to the changes described above for ECCN 9E001, 
this final rule for clarification revises the heading of 9E002 to 
remove the parenthetical phrase that follows 9A004. In addition, for 
the purposes of clarification revises Related Controls paragraph (3) to 
remove the reference to 9A004. These clarifications are made because 
there are no longer commodities that are subject to the ITAR in ECCN 
9A004, so there is no need for the parenthetical phrase when 
referencing 9A004 in the heading of 9E002 and there is no need to 
reference 9A004 in the Related Controls paragraph of 9E002. Lastly, 
this final rule removes the parenthetical phrase ``(see 22 CFR parts 
120 through 130)'' after the defined term ``Subject to the ITAR'' in 
the Related Controls paragraph of ECCN 9E002 because the text is 
redundant as already noted above.
    ECCN 9E515. This final rule reserves ``items'' paragraphs (f) 
through (x) in the List of Items Controlled section and adds a new 
``items'' paragraph (y) to ECCN 9E515. This change is made to conform 
to the changes made to 9A515.y. In addition, this final rule revises 
the NS and RS Controls paragraph in the License Requirements section to 
exclude technology classified under 9E515.y from the controls in ECCN 
9E515. Similar to the ``600 series'' ECCNs, the (y) software and 
technology entries for the 9x515 items will be controlled at the same 
level as the related (y) commodities. Lastly, this final rule revises 
the MT Control paragraph in the License Requirements section to add 
9A515.e.2 to the MT controls. This final rule makes this change to 
conform to the changes described above for the MT controls in ECCN 
9A515.e.2 and to conform to the MTCR Annex. The rule specifies that the 
control applies to technology for items in 9A515.d and 9A515.e.2 
controlled for MT reasons.

Addressing Public Comments Received

    The May 13 rule requested public comment by November 10, 2014. BIS 
is still in the process of reviewing the comments received at that time 
and will address them through a subsequent rulemaking.
    As required by Executive Order (EO) 13563, BIS intends to review 
this rule's impact on the licensing burden on exporters. Commerce's 
full plan is available at: http://open.commerce.gov/

[[Page 39954]]

news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules. 
Data are routinely collected on an ongoing basis, including through the 
comments to be submitted and as a result of new information and results 
from AES data. These results and data have been, and will continue to 
form, the basis for ongoing reviews of the rule and assessments of 
various aspects of the rule. As part of its plan for retrospective 
analysis under EO 13563, BIS intends to conduct periodic reviews of 
this rule and to modify, or repeal, aspects of this rule, as 
appropriate, and after public notice and comment. With regard to a 
number of aspects of this rule, assessments and refinements will be 
made on an ongoing basis. This is particularly the case with regard to 
possible modifications that will be considered based on public comments 
described above.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013) and as extended by the Notice of 
August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act. BIS continues to carry out the provisions of the 
Export Administration Act, as appropriate and to the extent permitted 
by law, pursuant to Executive Order 13222 as amended by Executive Order 
13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has been determined to be not significant 
for purposes of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor is subject to a penalty for failure to 
comply with, a collection of information, subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
control number. This regulation involves collections previously 
approved by the OMB under control numbers 0694-0088, ``Multi-Purpose 
Application,'' which carries a burden hour estimate of 43.8 minutes for 
a manual or electronic submission. This rule does not alter any 
information collection requirements; therefore, total burden hours 
associated with the PRA and OMB control number 0694-0088 are not 
expected to increase as a result of this rule. You may send comments 
regarding the collection of information associated with this rule, 
including suggestions for reducing the burden, to Jasmeet K. Seehra, 
Office of Management and Budget (OMB), by email to 
[email protected], or by fax to (202) 395-7285.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Department finds that there is good cause under 5 U.S.C. 
553(b)(B) to waive the provisions of the Administrative Procedure Act 
(APA) requiring prior notice and the opportunity for public comment 
because they are either unnecessary or contrary to the public interest. 
The following revisions are non-substantive or are limited to ensure 
consistency with the intent of the May 13, 2014 interim final rule, and 
thus prior notice and the opportunity for public comment is 
unnecessary. Sections 736.2 and 740.20 and ECCNs 9D001, 9D002, 9E001, 
9E002 were revised to make corrections to the EAR that resulted from 
mistakes or other ambiguity in amendatory instructions in past 
rulemakings. In addition to the revisions above, BIS revises Sec.  
744.21, ECCNs 3A611, 9A515, 9D515 and 9E515 to provide guidance on 
existing interpretations of current EAR provisions and necessary 
conforming changes, and thus prior notice and the opportunity for 
public comment is contrary to the public interest. Finally, as 
contemplated in the May 13 rule, BIS has added an entry to the .y 
paragraph of ECCN 9A515, which was added as a result of the Sec.  
748.3(e) process. For purposes of the APA, there is good cause and it 
is in the public interest to incorporate this change so the public can 
benefit from understanding the classification of the item. These 
revisions are important to get in place as soon as possible so the 
public will be aware of the correct text and meaning of current EAR 
provisions.
    BIS finds good cause to waive the 30-day delay in effectiveness 
under 5 U.S.C. 553(d)(3). As mentioned previously, the revisions made 
by this rule consist of both technical corrections and clarifications 
that need to be in place as soon as possible to avoid confusion by the 
public regarding the intent and meaning of changes to the EAR.
    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for these amendments by 5 
U.S.C. 553, or by any other law, the analytical requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable.

List of Subjects

15 CFR Part 736

    Exports.

15 CFR Parts 740 and 748

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, the Export Administration Regulations (15 CFR parts 
730-774) are amended as follows:

PART 736--[AMENDED]

0
1. The authority citation for 15 CFR part 736 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 2151 note; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 
CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., 
p. 168; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014); 
Notice of November 7, 2014, 79 FR 67035 (November 12, 2014); Notice 
of May 6, 2015, 80 FR 26815 (May 8, 2015).


0
2. Section 736.2 is amended by revising the heading of paragraph 
(b)(3)(iii) to read as follows:


Sec.  736.2  General prohibitions and determination of applicability.

* * * * *
    (b) * * *
    (3) * * *
    (iii) Country scope of prohibition for 9x515 or ``600 series'' 
items. * * *
* * * * *

PART 740--[AMENDED]

0
3. The authority citation for 15 CFR part 740 continues to read as 
follows:


[[Page 39955]]


    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 7, 2014, 79 FR 46959 (August 11, 2014).


0
4. Section 740.20 is amended by revising the introductory text of 
paragraph (d)(2) and the bracketed text at the end of the introductory 
text of paragraph (d)(2) to read as follows:


Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (d) * * *
    (2) Prior Consignee Statement. The requirements in this paragraph 
(d)(2) apply to each party using License Exception STA to export, 
reexport or transfer (in-country), including reexporters and 
transferors of items previously received under License Exception STA. 
The exporter, reexporter, or transferor must obtain the following 
statement in writing from its consignee prior to shipping the item and 
must retain the statement in accordance with part 762 of the EAR. One 
statement may be used for multiple shipments of the same items between 
the same parties so long as the party names, the description(s) of the 
item(s) and the ECCNs are correct. The exporter, reexporter, or 
transferor must maintain a log or other record (such as documents 
created in the ordinary course of business) that identifies each 
shipment made pursuant to this section and the specific consignee 
statement that is associated with each shipment. Paragraphs (d)(2)(i) 
through (vi) of this section are required for all transactions. In 
addition, paragraph (d)(2)(vii) is required for all transactions in 
``600 series'' items and paragraph (viii) of this section is required 
for transactions in ``600 series'' items if the consignee is not the 
government of a country listed in Country Group A:5 (See Supplement No. 
1 to part 740 of the EAR). Paragraph (d)(2)(viii) is also required for 
transactions including 9x515 items.
    [INSERT NAME(S) OF CONSIGNEE(S)]:
* * * * *

PART 744--[AMENDED]

0
5. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 
U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; 
E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 
FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 FR 5079, 3 CFR, 
1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 208; E.O. 13222, 
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 66 FR 49079, 3 
CFR, 2001 Comp., p. 786; Notice of August 7, 2014, 79 FR 46959 
(August 11, 2014); Notice of September 17, 2014, 79 FR 56475 
(September 19, 2014); Notice of November 7, 2014, 79 FR 67035 
(November 12, 2014); Notice of January 21, 2015, 80 FR 3461 (January 
22, 2015).


0
6. Section 744.21 is amended by revising paragraph (a)(2) to read as 
follows:


Sec.  744.21  Restrictions on certain `Military end uses' in the 
People's Republic of China (PRC) or for a `Military end use' or 
`Military end user' in Russia or Venezuela.

    (a) * * *
    (2) General prohibition. In addition to the license requirements 
for 9x515 and ``600 series'' items specified on the Commerce Control 
List (CCL), you may not export, reexport, or transfer (in-country) any 
9x515 or ``600 series'' item, including items described in a .y 
paragraph of a 9x515 or ``600 series'' ECCN, to the PRC, Russia or 
Venezuela without a license. The use in, with, or for the International 
Space Station (ISS) for exports, reexports or transfers within Russia 
is not within the scope of this paragraph's general prohibition, 
including launch to the ISS. (See Sec.  740.11(e)(1) of the EAR for a 
definition of the ISS).
* * * * *

PART 748--[AMENDED]

0
7. The authority citation for 15 CFR part 748 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 
FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 7, 2014, 79 FR 
46959 (August 11, 2014).


0
8. Supplement No. 2 to part 748 (Unique Application and Submission 
Requirements) is amended by revising the introductory text of paragraph 
(y)(1) and the introductory text of paragraph (y)(2) to read as 
follows:

Supplement No. 2 to Part 748--Unique Application and Submission 
Requirements

* * * * *
    (y) * * *
    (1) A license application to export a satellite controlled by ECCN 
9A515.a for launch in or by a country that is not a member of the North 
Atlantic Treaty Organization (NATO) or a major non-NATO ally of the 
United States (as defined in 22 CFR 120.31 and 120.32), must include a 
statement affirming that at the time of application or prior to export 
or reexport the following will be in place:
* * * * *
    (2) A license application to export a satellite controlled by ECCN 
9A515.a for launch in or by a country that is a member of the North 
Atlantic Treaty Organization (NATO) or that is a major non-NATO ally of 
the United States (as defined in 22 CFR 120.31 and 120.32), must 
include a statement affirming that at the time of application or prior 
to export or reexport the following will be in place:
* * * * *

PART 774--[AMENDED]

0
9. The authority citation for 15 CFR part 774 continues to read as 
follows:

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014).


0
10. In Supplement No. 1 to Part 774, Category 3--Electronics, Export 
Control Classification Number (ECCN) 3A611 is amended by revising 
Related Controls paragraph (6) in the List of Items Controlled section 
to read as follows:

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

* * * * *

3A611 Military electronics, as follows (see List of Items 
Controlled).
* * * * *

List of Items Controlled

Related Controls: * * * (6) Electronic items ``specially designed'' 
for military application that are not controlled in any USML 
category but are within the scope of another ``600 series'' ECCN or 
a 9x515 ECCN are controlled by that ``600 series'' ECCN or 9x515 
ECCN. For example, electronic components not enumerated on the USML 
or a ``600 series'' other than 3A611 that are ``specially designed'' 
for a military aircraft controlled by USML Category VIII or ECCN 
9A610 are controlled by the catch-all control in ECCN 9A610.x. 
Electronic components not enumerated on the USML or another ``600 
series'' entry that are ``specially designed'' for a military 
vehicle controlled by USML Category VII or ECCN 0A606 are controlled 
by ECCN 0A606.x. Electronic components not enumerated on the USML 
that are ``specially designed'' for a missile controlled by USML 
Category IV are controlled by ECCN 9A604. * * *
* * * * *


[[Page 39956]]



0
11. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9A515 is 
amended:
0
a. By revising the fourth entry in the License Requirements table;
0
b. By revising the Related Definitions paragraph in the List of Items 
Controlled section;
0
c. By revising the introductory text of paragraph d. in the Items 
section;
0
d. By revising paragraphs e. introductory text, e.1, and e.2 in the 
Items section; and
0
e. By revising paragraphs x. and y. in the Items section to read as 
follows.

9A515 ``Spacecraft'' and related commodities, as follows (see List 
of Items Controlled).

License Requirements

* * * * *

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738)
 
 
                                * * * * *
MT applies to microcircuits in 9A515.d and  MT Column 1
 9A515.e.2 when ``usable in'' ``missiles''
 for protecting ``missiles'' against
 nuclear effects (e.g. Electromagnetic
 Pulse (EMP), X-rays, combined blast and
 thermal effects).
 
                                * * * * *
 

* * * * *

List of Items Controlled

* * * * *
Related Definitions: `Microcircuit' means a device in which a number 
of passive or active elements are considered as indivisibly 
associated on or within a continuous structure to perform the 
function of a circuit.

Items:
* * * * *
    d. Microelectronic circuits (e.g., integrated circuits, 
microcircuits, MOSFETs) and discrete electronic components rated, 
certified, or otherwise specified or described as meeting or 
exceeding all the following characteristics and that are ``specially 
designed'' for defense articles, ``600 series'' items, or items 
controlled by 9A515:
* * * * *
    e. Microelectronic circuits (e.g., integrated circuits, 
microcircuits, MOSFETs) and discrete electronic components that are 
rated, certified, or otherwise specified or described as meeting or 
exceeding the characteristics in either paragraph e.1 or e.2, AND 
``specially designed'' for defense articles controlled by USML 
Category XV or items controlled by 9A515:
    e.1. A total dose >=1 x 10\5\ Rads (Si) (1 x 10\3\ Gy(Si)) and 
<5 x 10\5\ Rads (Si) (5 x 10\3\ Gy(Si)); and a single event effect 
(SEE) (i.e., single event latchup (SEL), single event burnout (SEB), 
or single event gate rupture (SEGR)) immunity to a linear energy 
transfer (LET) >=80 MeV-cm2/mg; or
    e.2. A total dose >= 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si)) and 
not described in 9A515.d.
* * * * *
    x. ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' that are ``specially designed'' for defense articles 
controlled by USML Category XV or items controlled by 9A515, and 
that are NOT:
    1. Enumerated or controlled in the USML or elsewhere within 
ECCNs 9A515 or 9A004;
    2. Microelectronic circuits and discrete electronic components;
    3. Described in ECCNs 7A004 or 7A104;
    4. Described in an ECCN containing ``space-qualified'' as a 
control criterion (i.e., 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o, 
3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 6A004.c and .d, 
6A008.j.1, 6A998.b, or 7A003.d.2);
    5. Microwave solid state amplifiers and microwave assemblies 
(refer to ECCN 3A001.b.4 for controls on these items);
    6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8 for 
controls on these items); or
    7. Elsewhere specified in ECCN 9A515.y.

    Note to 9A515.x:  ``Parts,'' ``components,'' ``accessories,'' 
and ``attachments'' specified in USML subcategory XV(e) or 
enumerated in other USML categories are subject to the controls of 
that paragraph or category.

    y. Items that would otherwise be within the scope of ECCN 
9A515.x but that have been identified in an interagency-cleared 
commodity classification (CCATS) pursuant to Sec.  748.3(e) as 
warranting control in 9A515.y.
    y.1. Discrete electronic components not specified in 9A515.e; 
and
    y.2. [RESERVED]


0
12. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9D001 is 
amended:
0
a. By revising the heading;
0
b. By revising the first entry in the License Requirements table; and
0
b. By revising the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

9D001 ``Software'' ``specially designed'' or modified for the 
``development'' of equipment or ``technology'' controlled by ECCN 
9A001 to 9A004, 9A012, 9A101 (except for items in 9A101.b that are 
``subject to the ITAR,'' see 22 CFR part 121), 9A106.d. or .e, 
9A110, or 9A120, 9B (except for ECCNs 9B604, 9B610, 9B619, 9B990, 
and 9B991), or ECCN 9E003.

License Requirements

* * * * *

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``software'' for equipment    NS Column 1
 controlled by 9A001 to 9A004, 9A012,
 9B001 to 9B010, and technology controlled
 by 9E003..
 
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: ``Software'' that is ``required'' for the 
``development'' of items specified in ECCNs 9A005 to 9A011, 9A101.b 
(except for items that are subject to the EAR), 9A103 to 9A105, 
9A106.a, .b, and .c, 9A107 to 9A109, 9A110 (for items that are 
``specially designed'' for use in missile systems and subsystems), 
and 9A111 to 9A119 is ``subject to the ITAR.''
* * * * *


0
13. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9D002 is 
amended:
0
a. By revising the heading;
0
b. By revising the first entry in the License Requirements table; and
0
c. By revising the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

9D002 ``Software'' ``specially designed'' or modified for the 
``production'' of equipment controlled by ECCN 9A001 to 9A004, 
9A012, 9A101 (except for items in 9A101.b that are ``subject to the 
ITAR,'' see 22 CFR part 121), 9A106.d or .e, 9A110, or 9A120, 9B 
(except for ECCNs 9B604, 9B610, 9B619, 9B990, and 9B991).

License Requirements

* * * * *

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to ``software'' for equipment    NS Column 1
 controlled by 9A001 to 9A004, 9A012,
 9B001 to 9B010.
 
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: ``Software'' that is ``required'' for the 
``production'' of items specified in ECCNs 9A005 to 9A011, 9A101.b 
(except for items that are subject to the EAR), 9A103 to 9A105, 
9A106.a, .b, and .c, 9A107 to 9A109, 9A110 (for items that are 
``specially designed'' for use in

[[Page 39957]]

missile systems and subsystems), and 9A111 to 9A119 is ``subject to 
the ITAR.''
* * * * *


0
14. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9D515 is 
amended:
0
a. By revising the License Requirements table;
0
b. By adding and reserving items paragraphs f. through x. in the Items 
section; and
0
c. By adding paragraph y. in the Items section to read as follows:

9D515 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of ``spacecraft'' and related commodities, 
as follows (see List of Items Controlled)

License Requirements

* * * * *

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738).
 
NS applies to entire entry except 9D515.y.  NS Column 1
RS applies to entire entry except 9D515.y.  RS Column 1
AT applies to entire entry................  AT Column 1
 

* * * * *

List of Items Controlled

* * * * *
Items:
* * * * *
    f. through x. [RESERVED]
    y. Specific ``software'' ``specially designed'' for the 
``development,'' ``production,'' operation, or maintenance of 
commodities enumerated in ECCN 9A515.y.


0
15. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9E001 is 
amended:
0
a. By revising the heading;
0
b. By revising the first entry in the License Requirements table;
0
c. By revising Related Controls paragraph (2) in the List of Items 
Controlled section to read as follows:

9E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment or ``software'', controlled by 
9A001.b, 9A004, 9A012, 9B (except for ECCNs 9B604, 9B610, 9B619, 
9B990 and 9B991), or ECCN 9D001 to 9D004, 9D101, or 9D104.

License Requirements

* * * * *

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738).
 
NS applies to ``technology'' for items      NS Column 1
 controlled by 9A001.b, 9A004, 9A012,
 9B001 to 9B010, 9D001 to 9D004 for NS
 reasons.
 
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: * * * * * (2) ``Technology'' required for the 
``development'' of equipment described in ECCNs 9A005 to 9A011 or 
``software'' described in ECCNs 9D103 and 9D105 is ``subject to the 
ITAR.''
* * * * *

0
16. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9E002 is 
amended:
0
a. By revising the heading; and
0
b. By revising Related Controls paragraph (3) in the List of Items 
Controlled section to read as follows:
9E002 ``Technology'' according to the General Technology Note for the 
``production'' of ``equipment'' controlled by ECCN 9A001.b, 9A004 or 9B 
(except for ECCNs 9B117, 9B604, 9B610, 9B619, 9B990, and 9B991).
* * * * *

List of Items Controlled

Related Controls: * * * * * (3) ``Technology'' that is required for 
the ``production'' of equipment described in ECCNs 9A005 to 9A011 is 
``subject to the ITAR.''
* * * * *

0
17. In Supplement No. 1 to Part 774, Category 9--Aerospace and 
Propulsion, Export Control Classification Number (ECCN) 9E515 is 
amended:
0
a. By revising the License Requirements table;
0
b. By adding and reserving paragraphs f. through x. in the Items 
section; and
0
c. By adding paragraph y. in the items paragraph in the Items section 
to read as follows:

9E515 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, repair, overhaul, or 
refurbishing of ``spacecraft'' and related commodities, as follows 
(see List of Items Controlled).

License Requirements

* * * * *

 
                                            Country Chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 9E515.y.  NS Column 1
MT applies to technology for items in       MT Column 1
 9A515.d and 9A515.e.2 controlled for MT
 reasons.
RS applies to entire entry except 9E515.y.  RS Column 1
AT applies to entire entry................  AT Column 1
 

* * * * *
    f. through x. [RESERVED]
    y. Specific ``technology'' ``required'' for the ``production,'' 
``development,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities or software enumerated in 
ECCN 9A515.y or 9D515.y.

    Dated: July 2, 2015.
Kevin J. Wolf,
Assistant Secretary of Commerce for Export Administration.
[FR Doc. 2015-16904 Filed 7-10-15; 8:45 am]
BILLING CODE 3510-33-P