82_FR_61400 82 FR 61153 - Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations

82 FR 61153 - Revisions, Clarifications, and Technical Corrections to the Export Administration Regulations

DEPARTMENT OF COMMERCE
Bureau of Industry and Security

Federal Register Volume 82, Issue 247 (December 27, 2017)

Page Range61153-61162
FR Document2017-27616

In this final rule, the Bureau of Industry and Security corrects certain provisions in the Export Administration Regulations (EAR) to provide accurate references and fix typographical errors, and amend several Export Control Classification Numbers (ECCNs) to enhance consistency with the other ECCNs on the Commerce Control List (CCL). The corrections are editorial in nature and do not affect license requirements.

Federal Register, Volume 82 Issue 247 (Wednesday, December 27, 2017)
[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61153-61162]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-27616]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 734, 738, 740, 746, and 774

[170207157-7157-01]
RIN 0694-AH31


Revisions, Clarifications, and Technical Corrections to the 
Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

-----------------------------------------------------------------------

SUMMARY: In this final rule, the Bureau of Industry and Security 
corrects certain provisions in the Export Administration Regulations 
(EAR) to provide accurate references and fix typographical errors, and 
amend several Export Control Classification Numbers (ECCNs) to enhance 
consistency with the other ECCNs on the Commerce Control List (CCL). 
The corrections are editorial in nature and do not affect license 
requirements.

DATES: This rule is effective December 27, 2017.

FOR FURTHER INFORMATION CONTACT: Ivan Mogensen, Office of Exporter 
Services, Bureau of Industry and Security, by telephone: (202) 482-2440 
or email: Ivan.Mogensen@bis.doc.gov.

SUPPLEMENTARY INFORMATION:

Overview

    This final rule updates six parts of the EAR to correct 
typographical errors, clarify inaccurate or unclear internal 
references, and correct inconsistencies in certain entries on the 
Commerce Control List (CCL).

Part 732

    Section 732.4(b) discusses steps to be taken when reviewing license 
exceptions for exports and reexports. In Sec.  732.4(b)(7)(ii), there 
is a reference to Sec.  740.20(g) listing ECCNs that may be eligible 
for subsequent export or reexport under license exception STA, 
following submission of a license application. However, only ECCN 
9A610.a is listed in Sec.  732.4(b)(7)(ii), while ECCNs 0A606.a, 
8A609.a, 8A620.a, 8A620.b, ``spacecraft'' in ECCN subparagraphs 
9A515.a.1, a.2, a.3, a.4, 9A515.g, and 9E515.b, .d, .e, and .f (which 
also now appear in Sec.  740.20(g)), are inadvertently omitted. This 
correction adds the omitted items listed in Sec.  740.20(g) to Sec.  
732.4(b)(7)(ii). Additionally, because these items include both 
commodities and technology, the term ``aircraft'' in the reference to 
9A610.a is replaced with ``item.''
    This rule also clarifies and corrects the Export Control Decision 
Tree diagram in supplement No. 1 to part 732 that was last revised in a 
final rule published February 6, 2004 (69 FR 5686 (Feb. 6, 2004)). 
Several of the decision ``blocks'' in the flowchart contain references 
that are unclear or incorrect. This rule provides clarity by changing 
references to the general prohibitions to citations of specific 
sections of the EAR, and correcting improper citations to ensure that 
the citations contained in all decision blocks coincide with the 
appropriate sections of the EAR. Specifically, the changes are as 
follows: In the block which begins ``Is your item classified under an 
ECCN on the CCL,'' a direct citation to Sec.  736.2(b)(1) through (3) 
replaces a reference to General Prohibitions 1 through 3, which did not 
inform the reader where the prohibitions could be found in the EAR; in 
the block which begins ``Is there an `X' in the box,'' the EAR 
citations now directly follow references to the Commerce Country Chart 
and the CCL, respectively; and, in the block which begins ``Use License 
Exception,'' the citation to Sec.  740.1, which is an introduction, is 
replaced with a reference to the whole of part 740. Additionally, 
several grammatical errors are addressed, and the section symbol 
(``Sec.  '') is added wherever a section of the EAR is referenced in 
the decision blocks for clarity. Finally, this final rule changes the 
supplement's name from ``Decision Tree'' to ``Export Control Decision 
Tree'' to match the title of the diagram, and the duplicative 
parenthetical in the graphic title reading ``(Supp. No. 1 to Part 
732)'' is deleted.

Part 734

    Section 734.18 was created in the rule Revisions to Definitions in 
the Export Administration Regulations (81 FR 35586 (June 3, 2016)) and 
discusses activities that are not exports, reexports, or transfers. The 
note following the end of Sec.  734.18(a)(5)(iv) discusses data in 
transit via the internet, but the note is incorrectly described as the 
note to paragraph (a)(4)(iv). This rule changes the note to refer to 
Sec.  734.18(a)(5)(iv).

Part 738

    In Sec.  738.2(d)(1), Composition of an entry, there is a 
description of the meaning attached to each alphanumeric character 
making up an Export Control Classification Number. This paragraph 
currently explains that the second ``digit'' in an ECCN indicates the 
``Reason for Control.'' However, in paragraph (d)(1)(i) of this 
section, the paragraph refers to the Reason for Control as the third 
``digit.'' This final rule amends Sec.  738.2(d)(1)(i) to replace the 
word ``digit'' with ``alphanumeric character'' in order to maintain 
consistency and prevent confusion.
    Additionally, in Sec.  738.2, this final rule makes a correction in 
Sec.  738.2(d)(2)(iv)(C)(2). The text of this paragraph uses ECCN 2B992 
as an example when providing an overview of how to read an ECCN heading 
on the Commerce Control List (CCL). However, in the latter part of the 
section, the text erroneously references ECCN 2B999 instead of 2B992. 
This rule replaces the reference to ECCN 2B999 with 2B992 in this 
section to correct the ECCN reference.

Part 740

    Section 740.20(g)(1) lists 9x515 and ``600 series'' ECCNs that are 
eligible for license exception Strategic Trade Authorization. This 
includes ECCNs 9A515.a.1, .a.2, .a.3, .a.4, and .g, 9A610.a, and 
technology ECCNs 9E515.b, .d, .e, and .f. In the 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) (82 FR 2875 (Jan. 
10, 2017)), the phrase ``that provide space-based logistics, assembly 
or servicing of any spacecraft (e.g., refueling)'' following the list 
of ECCN

[[Page 61154]]

9A515 items paragraphs was intended to be removed since it is only 
applicable to 9A515.a.4 and not to the other ECCNs. Since the phrase 
was not removed, this rule removes the phrase to prevent confusion by 
users.

Part 746

    This rule amends Sec.  746.9(a) by removing an outdated reference 
to Sec.  734.2(b) for the definitions of ``deemed export'' and ``deemed 
reexport,'' as that section is currently reserved, and replacing it 
with references to Sec. Sec.  734.13(b) and 734.14(b), because the 
relevant definitions for deemed ``export'' and deemed ``reexport'' has 
been found in those two sections of the EAR since the publication of 
the final rule Revisions to Definitions in the Export Administration 
Regulations (81 FR 35586). Additionally, consistent with the guidance 
in Sec.  774.1(d), the double quotes around deemed export and deemed 
reexport in Sec.  746.9 are removed as these terms do not appear in 
Sec.  772.1.

Part 774

    This rule makes corrections to six ECCNs in supplement No. 1 to 
part 774, ``Commerce Control List,'' by correcting misspellings and 
creating conforming changes. The corrections are as follows:
    ECCNs 0A606, 8A609, and 9A610: This final rule amends these ECCNs 
to correct the title of Sec.  740.20(g) that is referenced in paragraph 
(1) in the Special Conditions for STA section of the ECCN entries. 
Currently, these sections refer to Sec.  740.20(g) as License Exception 
STA eligibility requests for ``600 series'' end items, when the current 
title for this section is License Exception STA eligibility requests 
for 9x515 and ``600 series'' items. The title of Sec.  740.20(g) was 
changed in the 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); (79 FR 27417 (May 13, 2014)), but the change was not made 
to the corresponding ECCNs. This rule amends the title reference in 
these ECCNs to match the current title of Sec.  740.20(g).
    ECCNs 0D606.a and 0E606.a: This final rule amends ECCN 
subparagraphs 0D606.a and 0E606.a to include references to ECCNs 0B606 
and 0C606. The headings of both 0D606 and 0E606 refer to 0B606 and 
0C606 but these references do not appear in Items paragraph .a of the 
List of Items Controlled section. This inconsistency has generated 
confusion as to whether 0D606.a software ``specially designed'' for the 
``development,'' ``production,'' operation or maintenance of the items 
controlled under ECCNs 0B606 and 0C606 or 0E606.a technology required 
for the ``development,'' ``production,'' operation or maintenance of 
the items controlled under ECCNs 0B606 and 0C606 is controlled or not. 
This edit removes this confusion by clarifying that such software is 
controlled under ECCN 0D606.a and such technology is controlled under 
ECCN 0E606.a.
    ECCN 2B352: This final rule corrects ECCN 2B352 by revising, in the 
List of Items Controlled section, Items paragraphs g.1, i.1, i.2 and 
i.3 and the Technical Notes at the end of the Items paragraphs. The 
corrections are as follows: The word ``dependant'' is replaced with the 
American spelling of the word ``dependent'' in Items paragraph g.1; 
double quotes are added around the term ``aircraft'' in Items 
paragraphs i.1 and i.2, and in Technical Notes 1 and 3 because 
``aircraft'' is a defined term in the EAR; double quotes are added 
around the term ``laser'' in Technical Notes 3.a and .b for the same 
reason; double quotes are replaced with single quotes around the term 
`VMD' in Items paragraphs i.1 and i.2 and the term is clarified in 
Technical Note 3; single quotes are added to the term `aerosol 
generating units' in Items paragraphs i.2 and i.3 and Technical Note 1.
    ECCN 8A609: This final rule revises Related Control paragraph (3) 
under the List of Items Controlled section in ECCN 8A609 to add a 
reference to Category VI of the International Traffic in Arms 
Regulations (ITAR). This is done to indicate that certain diesel 
engines and electric motors for both EAR surface vessels of war and 
ITAR surface vessels of war are controlled under ECCN 8A992.g. 
Additionally, double quotes are added around the term ``subject to the 
EAR'' because it is a defined term in the EAR.

Export Administration Act

    Since August 21, 2001, the Export Administration Act of 1979, as 
amended, has been in lapse. However, 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 15, 2017, 82 FR 
39005 (August 16, 2017) has continued the EAR in effect under the 
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.). 
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, distributive 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 does not impose any regulatory burden on the 
public and is consistent with the goals of Executive Order 13563. This 
rule has been designated not significant for purposes of Executive 
Order 12866. This rule is not an Executive Order 13771 regulatory 
action because this rule is not significant under Executive Order 
12866.
    2. This final rule does not contain information collections subject 
to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.) (PRA). 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 Office of Management and Budget (OMB) Control Number.
    3. This rule does not contain policies with Federalism implications 
as that term is defined in Executive Order 13132.
    4. The Department of Commerce finds that there is good cause under 
5 U.S.C. 553(b)(B) to waive the provisions of the Administrative 
Procedure Act otherwise requiring prior notice and the opportunity for 
public comment because they are unnecessary. The revisions made by this 
rule are administrative in nature and do not affect the privileges and 
obligations of the public. Additionally, it is important that the edits 
and clarifications are added as soon as possible to prevent improper 
interpretation of the EAR. The Department also finds that there is good 
cause under 5 U.S.C. 553(b)(A) to waive the provisions of the 
Administrative Procedure Act requiring notice and comment because these 
changes are limited to providing guidance on existing interpretations 
of current EAR provisions. Because these revisions are not substantive 
changes to the EAR, the

[[Page 61155]]

30-day delay in effectiveness otherwise required by 5 U.S.C. 553(d) is 
not applicable. No other law requires that a notice of proposed 
rulemaking and opportunity for public comment be given for this rule. 
The analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.) are not applicable because no general notice of proposed 
rulemaking was required for this rule by 5 U.S.C. 553, or by any other 
law. Accordingly, no regulatory flexibility analysis is required and 
none has been prepared.

List of Subjects

15 CFR Part 732

    Administrative practice and procedure, Exports, Reporting and 
recordkeeping requirements

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and 
patents, Research, Science and technology

15 CFR Part 738

    Exports

 15 CFR Part 740

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

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 732, 734, 738, 740, 746, and 774 of the Export 
Administration Regulations (15 CFR parts 730 through 774) are amended 
as follows:

PART 732--[AMENDED]

0
1. The authority citation for 15 CFR part 732 continues to read as 
follows:

    Authority:  50 U.S.C. 4601 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 15, 2017, 82 FR 
39005 (August 16, 2017).


0
2. Section 732.4 is amended by revising paragraph (b)(7)(ii) to read as 
follows:


Sec.  732.4  Steps regarding License Exceptions.

* * * * *
    (b) * * *
    (7) * * *
    (ii) If you are going to file a license application with BIS for 
the export, reexport, or in-country transfer for aircraft or military 
vessels controlled under ECCNs 0A606.a, 8A609.a, 8A620.a, 8A620.b, 
certain ``spacecraft'' controlled under ECCN subparagraphs 9A515.a.1, 
a.2, a.3, a.4 or 9A515.g, ECCN 9A610.a, or technology under ECCNs 
9E515.b, .d, .e, or .f, Sec.  740.20(g) permits you to request in the 
application that subsequent exports of the type of aircraft, 
spacecraft, military vessels, or technology at issue be eligible for 
export under License Exception STA. The types of ``items'' controlled 
under ECCNs 0A606.a, 8A609.a, 8A620.a, 8A620.b, certain spacecraft 
controlled under ECCN subparagraphs 9A515.a.1, a.2, a.3, a.4 or 
9A515.g, ECCN 9A610.a, and technology ECCNs 9E515.b, .d, .e, or .f, 
that have been determined to be eligible for License Exception STA 
pursuant to Sec.  740.20(g) are identified in the License Exceptions 
paragraphs of ECCNs 0A606, 8A609, 8A620, 9A610, 9A515, and 9E515. 
Supplement No. 2 to part 748, paragraph (w) (License Exception STA 
eligibility requests), contains the instructions for such applications.

    Note 1 to paragraph (b)(7)(ii):  If you intend to use License 
Exception STA, return to paragraphs (a) and then (b) of this section 
to review the Steps regarding the use of license exceptions.

* * * * *

0
3. Supplement No. 1 to part 732 is revised to read as follows:
BILLING CODE 3510-33-P

[[Page 61156]]

[GRAPHIC] [TIFF OMITTED] TR27DE17.004

BILLING CODE 3510-33-C

PART 734--[AMENDED]

0
4. The authority citation for 15 CFR part 734 continues to read as 
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 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. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of 
November 8, 2016, 81 FR 79379 (November 10, 2016); Notice of August 
15, 2017, 82 FR 39005 (August 16, 2017).


Sec.  734.18  [Amended]

0
5. Section 734.18 is amended by redesignating the note to paragraph 
(a)(4)(iv) as note 1 to paragraph (a)(5)(iv).

PART 738--[AMENDED]

0
6. The authority citation for 15 CFR part 738 continues to read as 
follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Notice of August 15, 2017, 82 FR 39005 (August 
16, 2017).


0
7. Section 738.2 is amended by revising paragraphs (d)(1)(i) and 
(d)(2)(iv)(C)(2) to read as follows:


Sec.  738.2   Commerce Control List (CCL) structure.

* * * * *
    (d) * * *
    (1) * * *
    (i) Since Reasons for Control are not mutually exclusive, numbers 
are assigned in order of precedence. As an

[[Page 61157]]

example, if an item is controlled for both National Security and 
Missile Technology reasons, the entry's third alphanumeric character 
will be a ``0''. If the item is controlled only for Missile Technology 
the third alphanumeric character will be ``1''.
    (2) * * *
    (iv) * * *
    (C) * * *
    (2) ``(See List of Items Controlled)'' is in the middle of the ECCN 
heading. If the phrase ``(see List of Items Controlled)'' appears in 
the middle of the ECCN heading, then all portions of the heading that 
follow the phrase ``(see List of Items Controlled)'' will list items 
controlled in addition to the list in the ``items'' paragraph. An 
example of such a heading is ECCN 2B992 Non-``numerically controlled'' 
machine tools for generating optical quality surfaces, (see List of 
Items Controlled) and ``specially designed'' ``parts'' and 
``components'' therefor. Under the ECCN 2B992 example, the ``items'' 
paragraph must be reviewed to determine whether your item is contained 
within the first part of the heading (``non-`numerically controlled' 
machine tools for generating optical quality surfaces'') and classified 
under 2B992. The second part of the ECCN 2B992 heading (``and 
`specially designed' `parts' and `components' therefor'') contains the 
exclusive list described in the heading. ECCNs 1A006, 3B992, 4A001, 
6A006 and 7A001 are other examples where the phrase ``(see List of 
Items Controlled)'' appears in the middle of the ECCN heading.
* * * * *

PART 740--[AMENDED]

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

    Authority: 50 U.S.C. 4601 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 15, 2017, 82 FR 39005 (August 16, 2017).


0
9. Section 740.20 is amended by revising paragraph (g)(1) to read as 
follows:


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

* * * * *
    (g) * * *
    (1) Applicability. Any person may request License Exception STA 
eligibility for end items described in ECCN 0A606.a, ECCN 8A609.a, 
ECCNs 8A620.a or .b, ``spacecraft'' in ECCNs 9A515.a.1, .a.2, .a.3, 
.a.4, or .g, 9A610.a, or technology ECCNs 9E515.b, .d, .e, or .f.
* * * * *

PART 746--[AMENDED]

0
10. The authority citation for 15 CFR part 746 is revised to read as 
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22 
U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C. 
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR, 
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential 
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320; 
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p. 
325; Notice of August 15, 2017, 82 FR 39005 (August 16, 2017); 
Notice of May 9, 2017, 82 FR 21909 (May 10, 2017).

0
9. Section 746.9 is amended by revising paragraph (a) to read as 
follows:


Sec.  746.9  Syria.

* * * * *
    (a) License requirements. A license is required for the export or 
reexport to Syria of all items subject to the EAR, except food and 
medicine classified as EAR99 (food and medicine are defined in part 772 
of the EAR). A license is required for the deemed export and deemed 
reexport, as described in Sec. Sec.  734.13(b) and 734.14(b) of the 
EAR, respectively, of any technology or source code on the Commerce 
Control List (CCL) to a Syrian foreign national. Deemed exports and 
deemed reexports to Syrian foreign nationals involving technology or 
source code subject to the EAR but not listed on the CCL do not require 
a license.
* * * * *

PART 774--[AMENDED]

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

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 10 
U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 50 U.S.C. 
4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 
2001 Comp., p. 783; Notice of August 15, 2017, 82 FR 39005 (August 
16, 2017).

0
12. In supplement No. 1 to part 774, Category 0, ECCN 0A606 is revised 
to read as follows:

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

* * * * *

0A606 Ground vehicles and related commodities, as follows (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry, except 0A606.b  NS Column 1
 and .y.
NS applies to 0A606.b.....................  NS Column 2
RS applies to entire entry, except 0A606.b  RS Column 1
 and .y.
RS applies to 0A606.b.....................  RS Column 2
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0A606.y  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for any item in 0A606.a, 
unless determined by BIS to be eligible for License Exception STA in 
accordance with Sec.  740.20(g) (License Exception STA eligibility 
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2) 
of License Exception STA (Sec.  740.20(c)(2) of the EAR) may not be 
used for any item in 0A606.

List of Items Controlled

Related Controls: (1) The ground vehicles, other articles, technical 
data (including software) and services described in 22 CFR part 121, 
Category VII are subject to the jurisdiction of the International 
Traffic in Arms Regulations. (2) See ECCN 0A919 for foreign-made 
``military commodities'' that incorporate more than a de minimis 
amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items: a. Ground vehicles, whether manned or unmanned, ``specially 
designed'' for a military use and not enumerated or otherwise 
described in USML Category VII.


    Note 1 to paragraph .a: For purposes of paragraph .a, ``ground 
vehicles'' include (i) tanks and armored vehicles manufactured prior 
to 1956 that have not been modified since 1955 and that do not 
contain a functional weapon or a weapon capable of becoming 
functional through repair; (ii) military railway trains except those 
that are armed or are ``specially designed'' to launch missiles; 
(iii) unarmored military recovery and other support vehicles; (iv) 
unarmored, unarmed vehicles with mounts or hard points for firearms 
of .50 caliber or less; and (v) trailers ``specially designed'' for 
use with other ground vehicles enumerated in USML Category VII or 
ECCN 0A606.a, and not

[[Page 61158]]

separately enumerated or otherwise described in USML Category VII. 
For purposes of this note, the term ``modified'' does not include 
incorporation of safety features required by law, cosmetic changes 
(e.g., different paint or repositioning of bolt holes) or addition 
of ``parts'' or ``components'' available prior to 1956.


    Note 2 to paragraph .a: A ground vehicle's being ``specially 
designed'' for military use for purposes of determining controls 
under paragraph .a. entails a structural, electrical or mechanical 
feature involving one or more ``components'' that are ``specially 
designed'' for military use. Such ``components'' include:
    a. Pneumatic tire casings of a kind ``specially designed'' to be 
bullet-proof;
    b. Armored protection of vital ``parts'' (e.g., fuel tanks or 
vehicle cabs);
    c. Special reinforcements or mountings for weapons;
    d. Black-out lighting.

    b. Other ground vehicles, ``parts'' and ``components,'' as 
follows:
    b.1. Unarmed vehicles that are derived from civilian vehicles 
and that have all of the following:
    b.1.a. Manufactured or fitted with materials or ``components'' 
other than reactive or electromagnetic armor to provide ballistic 
protection to level III (National Institute of Justice standard 
0108.01, September 1985) or better;
    b.1.b. A transmission to provide drive to both front and rear 
wheels simultaneously, including those vehicles having additional 
wheels for load bearing purposes whether driven or not;
    b.1.c. Gross vehicle weight rating (GVWR) greater than 4,500 kg; 
and
    b.1.d. Designed or modified for off-road use.
    b.2. ``Parts'' and ``components'' having all of the following:
    b.2.a. ``Specially designed'' for vehicles specified in 
paragraph .b.1 of this entry; and
    b.2.b. Providing ballistic protection to level III (National 
Institute of Justice standard 0108.01, September 1985) or better.

    Note 1 to paragraph b: Ground vehicles otherwise controlled by 
0A606.b.1 that contain reactive or electromagnetic armor are subject 
to the controls of USML Category VII.


    Note 2 to paragraph b: ECCN 0A606.b.1 does not control civilian 
vehicles ``specially designed'' for transporting money or valuables.


    Note 3 to paragraph b: ``Unarmed'' means not having installed 
weapons, installed mountings for weapons, or special reinforcements 
for mounts for weapons.

    c. Air-cooled diesel engines and engine blocks for armored 
vehicles that weigh more than 40 tons.
    d. Fully automatic continuously variable transmissions for 
tracked combat vehicles.
    e. Deep water fording kits ``specially designed'' for ground 
vehicles controlled by ECCN 0A606.a or USML Category VII.
    f. Self-launching bridge ``components'' not enumerated in USML 
Category VII(g) ``specially designed'' for deployment by ground 
vehicles enumerated in USML Category VII or this ECCN.
    g. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
enumerated or otherwise described in ECCN 0A606 (other than 0A606.b 
or 0A606.y) or a defense article enumerated in USML Category VII and 
not elsewhere specified on the USML or in 0A606.y.

    Note 1: Forgings, castings, and other unfinished products, such 
as extrusions and machined bodies, that have reached a stage in 
manufacture where they are clearly identifiable by mechanical 
properties, material composition, geometry, or function as 
commodities controlled by ECCN 0A606.x are controlled by ECCN 
0A606.x.


    Note 2: ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' enumerated in USML paragraph VII(g) are subject to 
the controls of that paragraph. ``Parts,'' ``components,'' 
``accessories'' and ``attachments'' described in ECCN 0A606.y are 
subject to the controls of that paragraph.


    y. Specific ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' for a commodity enumerated or 
otherwise described in this ECCN (other than ECCN 0A606.b) or for a 
defense article in USML Category VII and not elsewhere specified on 
the USML or the CCL, as follows, and ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' ``specially designed'' 
therefor:
    y.1. Brake discs, rotors, drums, calipers, cylinders, pads, 
shoes, lines, hoses, vacuum boosters, and parts therefor;
    y.2. Alternators and generators;
    y.3. Axles;
    y.4. Batteries;
    y.5. Bearings (e.g., ball, roller, wheel);
    y.6. Cables, cable assembles, and connectors;
    y.7. Cooling system hoses;
    y.8. Hydraulic, fuel, oil, and air filters, other than those 
controlled by ECCN 1A004;
    y.9. Gaskets and o-rings;
    y.10. Hydraulic system hoses, fittings, couplings, adapters, and 
valves;
    y.11. Latches and hinges;
    y.12. Lighting systems, fuses, and ``components;''
    y.13. Pneumatic hoses, fittings, adapters, couplings, and 
valves;
    y.14. Seats, seat assemblies, seat supports, and harnesses;
    y.15. Tires, except run flat; and
    y.16. Windows, except those for armored vehicles.

0
13. In supplement No. 1 to part 774, Category 0, ECCN 0D606 is revised 
to read as follows:

0D606 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of ground vehicles and 
related commodities controlled by 0A606, 0B606, or 0C606 (see List of 
Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any ``software'' in 0D614.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles 
enumerated in USML Category IX is subject to the control of USML 
paragraph IX(e). (2) See ECCN 0A919 for foreign made ``military 
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' items.
Related Definitions: N/A
Items:
    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or 
0C606.
    b. [RESERVED]

0
14. In supplement No. 1 to part 774, Category 0, ECCN 0E606 is revised 
to read as follows:

0E606 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, overhaul, 
or refurbishing of ground vehicles and related commodities in 0A606, 
0B606, 0C606, or software in 0D606 (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any technology in 0E614.

[[Page 61159]]

List of Items Controlled

Related Controls: ``Technical data'' directly related to articles 
enumerated in USML Category IX is subject to the control of USML 
paragraph IX(e).
Related Definitions: N/A
Items:
    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities enumerated or otherwise 
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y), 
0B606, or 0C606.
    b. [RESERVED]

0
15. In supplement No. 1 to part 774, Category 2, ECCN 2B352 is revised 
to read as follows:

2B352 Equipment capable of use in handling biological materials, as 
follows (see List of Items Controlled).

License Requirements

Reason for Control: CB, AT

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738).
 
CB applies to entire entry................  CB Column 2
AT applies to entire entry................  AT Column 1
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Related Controls: See ECCNs 1A004 and 1A995 for protective equipment 
that is not covered by this entry. Also see ECCN 9A120 for controls 
on certain ``UAV'' systems designed or modified to dispense an 
aerosol and capable of carrying elements of a payload in the form of 
a particulate or liquid, other than fuel ``parts'' or ``components'' 
of such vehicles, of a volume greater than 20 liters.
Related Definitions: (1) ``Lighter than air vehicles''--balloons and 
airships that rely on hot air or on lighter-than-air gases, such as 
helium or hydrogen, for their lift. (2) ``UAVs''--Unmanned Aerial 
Vehicles. (3) ``VMD''--Volume Median Diameter.
Items:
    a. Containment facilities and related equipment, as follows:
    a.1. Complete containment facilities at P3 or P4 containment 
level.

    Technical Note: P3 or P4 (BL3, BL4, L3, L4) containment levels 
are as specified in the WHO Laboratory Biosafety Manual (3rd 
edition, Geneva, 2004).

    a.2. Equipment designed for fixed installation in containment 
facilities specified in paragraph a.1 of this ECCN, as follows:
    a.2.a. Double-door pass-through decontamination autoclaves;
    a.2.b. Breathing air suit decontamination showers;
    a.2.c. Mechanical-seal or inflatable-seal walkthrough doors.
    b. Fermenters and components as follows:
    b.1. Fermenters capable of cultivation of micro-organisms or of 
live cells for the production of viruses or toxins, without the 
propagation of aerosols, having a capacity of 20 liters or greater.
    b.2. Components designed for such fermenters, as follows:
    b.2.a. Cultivation chambers designed to be sterilized or 
disinfected in situ;
    b.2.b. Cultivation chamber holding devices; or
    b.2.c. Process control units capable of simultaneously 
monitoring and controlling two or more fermentation system 
parameters (e.g., temperature, pH, nutrients, agitation, dissolved 
oxygen, air flow, foam control).

    Technical Note: Fermenters include bioreactors (including 
single-use (disposable) bioreactors), chemostats and continuous-flow 
systems.

    c. Centrifugal separators capable of the continuous separation 
of pathogenic microorganisms, without the propagation of aerosols, 
and having all of the following characteristics:
    c.1. One or more sealing joints within the steam containment 
area;
    c.2. A flow rate greater than 100 liters per hour;
    c.3. ``Parts'' or ``components'' of polished stainless steel or 
titanium; and
    c.4. Capable of in-situ steam sterilization in a closed state.
    Technical Note: Centrifugal separators include decanters.
    d. Cross (tangential) flow filtration equipment and 
``accessories,'' as follows:
    d.1. Cross (tangential) flow filtration equipment capable of 
separation of microorganisms, viruses, toxins or cell cultures 
having all of the following characteristics:
    d.1.a. A total filtration area equal to or greater than 1 square 
meter (1 m2); and
    d.1.b. Having any of the following characteristics:
    d.1.b.1. Capable of being sterilized or disinfected in-situ; or
    d.1.b.2. Using disposable or single-use filtration ``parts'' or 
``components''.
    N.B.: 2B352.d.1 does not control reverse osmosis and 
hemodialysis equipment, as specified by the manufacturer.
    d.2. Cross (tangential) flow filtration ``parts'' or 
``components'' (e.g., modules, elements, cassettes, cartridges, 
units or plates) with filtration area equal to or greater than 0.2 
square meters (0.2 m2) for each component and designed for use in 
cross (tangential) flow filtration equipment controlled by 
2B352.d.1.

    TECHNICAL NOTE: In this ECCN, ``sterilized'' denotes the 
elimination of all viable microbes from the equipment through the 
use of either physical (e.g., steam) or chemical agents. 
``Disinfected'' denotes the destruction of potential microbial 
infectivity in the equipment through the use of chemical agents with 
a germicidal effect. ``Disinfection'' and ``sterilization'' are 
distinct from ``sanitization'', the latter referring to cleaning 
procedures designed to lower the microbial content of equipment 
without necessarily achieving elimination of all microbial 
infectivity or viability.

    e. Steam, gas or vapor sterilizable freeze-drying equipment with 
a condenser capacity of 10 kg of ice or greater in 24 hours (10 
liters of water or greater in 24 hours) and less than 1000 kg of ice 
in 24 hours (less than 1,000 liters of water in 24 hours).
    f. Spray-drying equipment capable of drying toxins or pathogenic 
microorganisms having all of the following characteristics:
    f.1. A water evaporation capacity of >= 0.4 kg/h and <= 400 kg/
h;
    f.2. The ability to generate a typical mean product particle 
size of <= 10 micrometers with existing fittings or by minimal 
modification of the spray-dryer with atomization nozzles enabling 
generation of the required particle size; and
    f.3. Capable of being sterilized or disinfected in situ.
    g. Protective and containment equipment, as follows:
    g.1. Protective full or half suits, or hoods dependent upon a 
tethered external air supply and operating under positive pressure;
    Technical Note: This entry does not control suits designed to be 
worn with self-contained breathing apparatus.
    g.2. Biocontainment chambers, isolators, or biological safety 
cabinets having all of the following characteristics, for normal 
operation:
    g.2.a. Fully enclosed workspace where the operator is separated 
from the work by a physical barrier;
    g.2.b. Able to operate at negative pressure;
    g.2.c. Means to safely manipulate items in the workspace; and
    g.2.d. Supply and exhaust air to and from the workspace is high-
efficiency particulate air (HEPA) filtered.

    Note 1 to 2B352.g.2:  2B352.g.2 controls class III biosafety 
cabinets, as specified in the WHO Laboratory Biosafety Manual (3rd 
edition, Geneva, 2004) or constructed in accordance with national 
standards, regulations or guidance.


    Note 2 to 2B352.g.2: 2B352.g.2 does not control isolators 
``specially designed'' for barrier nursing or transportation of 
infected patients.

    h. Aerosol inhalation equipment designed for aerosol challenge 
testing with microorganisms, viruses or toxins, as follows:
    h.1. Whole-body exposure chambers having a capacity of 1 cubic 
meter or greater.
    h.2. Nose-only exposure apparatus utilizing directed aerosol 
flow and having a capacity for the exposure of 12 or more rodents, 
or two or more animals other than rodents, and closed animal 
restraint tubes designed for use with such apparatus.
    i. Spraying or fogging systems and ``parts'' and ``components'' 
therefor, as follows:
    i.1. Complete spraying or fogging systems, ``specially 
designed'' or modified for fitting to ``aircraft,'' ``lighter than 
air vehicles,'' or ``UAVs,'' capable of delivering, from a liquid 
suspension, an initial droplet `VMD' of less than 50 microns at a 
flow rate of greater than 2 liters per minute;
    i.2. Spray booms or arrays of `aerosol generating units', 
``specially designed'' or

[[Page 61160]]

modified for fitting to ``aircraft,'' ``lighter than air vehicles,'' 
or ``UAVs,'' capable of delivering, from a liquid suspension, an 
initial droplet `VMD' of less than 50 microns at a flow rate of 
greater than 2 liters per minute;
    i.3. `Aerosol generating units' ``specially designed'' for 
fitting to the systems specified in paragraphs i.1 or i.2 of this 
ECCN.

    Technical Notes: 
    1. `Aerosol generating units' are devices ``specially designed'' 
or modified for fitting to ``aircraft'' and include nozzles, rotary 
drum atomizers and similar devices.
    2. This ECCN does not control spraying or fogging systems, 
``parts'' and ``components,'' as specified in 2B352.i, that are 
demonstrated not to be capable of delivering biological agents in 
the form of infectious aerosols.
    3. Volume Median Diameter `VMD' for droplets produced by spray 
equipment or nozzles ``specially designed'' for use on ``aircraft'' 
or ``UAVs'' should be measured using either of the following methods 
(pending the adoption of internationally accepted standards):
    a. Doppler ``laser'' method,
    b. Forward ``laser'' diffraction method.


0
16. In supplement No. 1 to part 774, Category 8, ECCN 8A609 is revised 
to read as follows:

8A609 Surface vessels of war and related commodities (see List of Items 
Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry, except 8A609.y  NS Column 1
RS applies to entire entry, except 8A609.y  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8A609.y  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a, 
unless determined by BIS to be eligible for License Exception STA in 
accordance with Sec.  740.20(g) (License Exception STA eligibility 
requests for 9x515 and ``600 series'' items).

List of Items Controlled

Related Controls: (1) Surface vessels of war and special naval 
equipment, and technical data (including software), and services 
directly related thereto, described in 22 CFR part 121, Category VI, 
Surface Vessels of War and Special Naval Equipment, are subject to 
the jurisdiction of the International Traffic in Arms Regulations. 
(2) See ECCN 0A919 for foreign-made ``military commodities'' that 
incorporate more than a de minimis amount of U.S.-origin ``600 
series'' controlled content. (3) For controls on diesel engines and 
electric motors that are ``subject to the EAR'' for surface vessels 
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN 
8A992.g. For diesel engines and electric motors for surface vessels 
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c) 
for parts, components, accessories, and attachments, ``specially 
designed'' for developmental vessels funded by the Department of 
Defense via contract or other funding authorization. (4) For 
controls on military gas turbine engines and related items for 
vessels of war, see ECCN 9A619.
    Related Definitions: N/A
    Items:
    a. Surface vessels of war ``specially designed'' for a military 
use and not enumerated or otherwise described in the USML.

    Note 1:  8A609.a includes: (i) Underway replenishment ships; 
(ii) surface vessel and submarine tender and repair ships, except 
vessels that are ``specially designed'' to support naval nuclear 
propulsion plants; (iii) non-submersible submarine rescue ships; 
(iv) other auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP, 
ARL, AVB, AVM, and AVT); (v) amphibious warfare craft, except those 
that are armed; and (vi) unarmored and unarmed coastal, patrol, 
roadstead, and Coast Guard and other patrol craft with mounts or 
hard points for firearms of .50 caliber or less.


    Note 2: For purposes of paragraph .a, surface vessels of war 
includes vessels ``specially designed'' for military use that are 
not identified in paragraph (a) of ITAR Sec.  121.15, including any 
demilitarized vessels, regardless of origin or designation, 
manufactured prior to 1950 and that have not been modified since 
1949. For purposes of this note, the term modified does not include 
incorporation of safety features required by law, cosmetic changes 
(e.g., different paint), or the addition of ``parts'' or 
``components'' available prior to 1950.

    b. Non-magnetic diesel engines with a power output of 50 hp or 
more and either of the following:
    b.1. Non-magnetic content exceeding 25% of total weight; or
    b.2. Non-magnetic parts other than crankcase, block, head, 
pistons, covers, end plates, valve facings, gaskets, and fuel, 
lubrication and other supply lines.
    c. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' that are ``specially designed'' for a commodity 
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y) 
or a defense article enumerated or otherwise described in USML 
Category VI and not specified elsewhere on the USML, in 8A609.y or 
3A611.y.

    Note 1: Forgings, castings, and other unfinished products, such 
as extrusions and machined bodies, that have reached a stage in 
manufacturing where they are clearly identifiable by mechanical 
properties, material composition, geometry, or function as 
commodities controlled by ECCN 8A609.x are controlled by ECCN 
8A609.x.


    Note 2:  ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' specified in USML subcategory VI(f) are subject to 
the controls of that paragraph. ``Parts,'' ``components,'' 
``accessories,'' and ``attachments'' specified in ECCN 8A609.y are 
subject to the controls of that paragraph.


    y. Specific ``parts,'' ``components,'' ``accessories'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this ECCN or for a defense article in USML Category VI 
and not elsewhere specified in the USML, as follows, and ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' ``specially 
designed'' therefor:
    y.1. Public address (PA) systems;
    y.2. Filters and filter assemblies, hoses, lines, fittings, 
couplings, and brackets for pneumatic, hydraulic, oil and fuel 
systems;
    y.3. Galleys;
    y.4. Lavatories;
    y.5. Magnetic compass, magnetic azimuth detector;
    y.6. Medical facilities;
    y.7. Potable water tanks, filters, valves, hoses, lines, 
fittings, couplings, and brackets;
    y.8. Panel knobs, indicators, switches, buttons, and dials 
whether unfiltered or filtered for use with night vision imaging 
systems;
    y.9. Emergency lighting;
    y.10. Gauges and indicators;
    y.11. Audio selector panels.


0
17. In supplement No. 1 to part 774, Category 9, ECCN 9A610 is revised 
to read as follows.

9A610 Military aircraft and related commodities, other than those 
enumerated in 9A991.a (see List of Items Controlled)

License Requirements

Reason for Control: NS, RS, MT, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except:          NS Column 1
9A610.b; parts and components controlled
 in 9A610.x if being exported or
 reexported for use in an aircraft
 controlled in 9A610.b; and 9A610.y.
RS applies to entire entry except:          RS Column 1
9A610.b; parts and components controlled
 in 9A610.x if being exported or
 reexported for use in an aircraft
 controlled in 9A610.b; and 9A610.y.

[[Page 61161]]

 
MT applies to 9A610.t, .u, .v, and .w.....  MT Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9A610.y.  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions For STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for any item in 9A610.a 
(i.e., ``end item'' military aircraft), unless determined by BIS to 
be eligible for License Exception STA in accordance with Sec.  
740.20(g) (License Exception STA eligibility requests for 9x515 and 
``600 series'' items). (2) Paragraph (c)(2) of License Exception STA 
(Sec.  740.20(c)(2) of the EAR) may not be used for any item in 
9A610.

List of Items Controlled

Related Controls: (1) Military aircraft and related articles that 
are enumerated in USML Category VIII, and technical data (including 
software) directly related thereto, are subject to the ITAR. (2) See 
ECCN 0A919 for controls on foreign-made ``military commodities'' 
that incorporate more than a de minimis amount of U.S.-origin ``600 
series'' controlled content. (3) See USML Category XIX and ECCN 
9A619 for controls on military aircraft gas turbine engines and 
related items.
Related Definitions: In paragraph .y of this entry, the term `fluid' 
includes liquids and gases.
Items:
    a. `Military Aircraft' ``specially designed'' for a military use 
that are not enumerated in USML paragraph VIII(a).


    Note 1: For purposes of paragraph .a the term `military 
aircraft' means the LM-100J aircraft and any aircraft ``specially 
designed'' for a military use that are not enumerated in USML 
paragraph VIII(a). The term includes: Trainer aircraft; cargo 
aircraft; utility fixed wing aircraft; military helicopters; 
observation aircraft; military non-expansive balloons and other 
lighter than air aircraft; and unarmed military aircraft, regardless 
of origin or designation. Aircraft with modifications made to 
incorporate safety of flight features or other FAA or NTSB 
modifications such as transponders and air data recorders are 
``unmodified'' for the purposes of this paragraph .a.


    Note 2: 9A610.a does not control `military aircraft' that:
    a. Were first manufactured before 1946;
    b. Do not incorporate defense articles enumerated or otherwise 
described on the U.S. Munitions List, unless the items are required 
to meet safety or airworthiness standards of a Wassenaar Arrangement 
Participating State; and
    c. Do not incorporate weapons enumerated or otherwise described 
on the U.S. Munitions List, unless inoperable and incapable of being 
returned to operation.

    b. L-100 aircraft manufactured prior to 2013.
    c.-d. [Reserved]
    e. Mobile aircraft arresting and engagement runway systems for 
aircraft controlled by either USML Category VIII(a) or ECCN 9A610.a.
    f. Pressure refueling equipment and equipment that facilitates 
operations in confined areas, ``specially designed'' for aircraft 
controlled by either USML paragraph VIII(a) or ECCN 9A610.a.
    g. Aircrew life support equipment, aircrew safety equipment and 
other devices for emergency escape from aircraft controlled by 
either USML paragraph VIII(a) or ECCN 9A610.a.
    h. Parachutes, paragliders, complete parachute canopies, 
harnesses, platforms, electronic release mechanisms, ``specially 
designed'' for use with aircraft controlled by either USML paragraph 
VIII(a) or ECCN 9A610.a, and ``equipment'' ``specially designed'' 
for military high altitude parachutists, such as suits, special 
helmets, breathing systems, and navigation equipment.
    i. Controlled opening equipment or automatic piloting systems, 
designed for parachuted loads.
    j. Ground effect machines (GEMS), including surface effect 
machines and air cushion vehicles, ``specially designed'' for use by 
a military.
    k. through s. [Reserved]
    t. Composite structures, laminates, and manufactures thereof 
``specially designed'' for unmanned aerial vehicles controlled under 
USML Category VIII(a) with a range equal to or greater than 300 km.

    Note to paragraph .t: Composite structures, laminates, and 
manufactures thereof ``specially designed'' for unmanned aerial 
vehicles controlled under USML Category VIII(a) with a maximum range 
less than 300 km are controlled in paragraph .x of this entry.

    u. Apparatus and devices ``specially designed'' for the 
handling, control, activation and non-ship-based launching of UAVs 
or drones controlled by either USML paragraph VIII(a) or ECCN 
9A610.a, and capable of a range equal to or greater than 300 km.

    Note to paragraph .u: Apparatus and devices ``specially 
designed'' for the handling, control, activation and non-ship-based 
launching of UAVs or drones controlled by either USML paragraph 
VIII(a) or ECCN 9A610.a with a maximum range less than 300 km are 
controlled in paragraph .x of this entry.

    v. Radar altimeters designed or modified for use in UAVs or 
drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a., 
and capable of delivering at least 500 kilograms payload to a range 
of at least 300 km.

    Note to paragraph .v:  Radar altimeters designed or modified for 
use in UAVs or drones controlled by either USML paragraph VIII(a) or 
ECCN 9A610.a. that are not capable of delivering at least 500 
kilograms payload to a range of at least 300 km are controlled in 
paragraph .x of this entry.

    w. Pneumatic hydraulic, mechanical, electro-optical, or 
electromechanical flight control systems (including fly-by-wire and 
fly-by-light systems) and attitude control equipment designed or 
modified for UAVs or drones controlled by either USML paragraph 
VIII(a) or ECCN 9A610.a., and capable of delivering at least 500 
kilograms payload to a range of at least 300 km.

    Note to paragraph .w:  Pneumatic, hydraulic, mechanical, 
electro-optical, or electromechanical flight control systems 
(including fly-by-wire and fly-by-light systems) and attitude 
control equipment designed or modified for UAVs or drones controlled 
by either USML paragraph VIII(a) or ECCN 9A610.a., not capable of 
delivering at least 500 kilograms payload to a range of at least 300 
km are controlled in paragraph .x of this entry.

    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
enumerated or otherwise described in ECCN 9A610 (except for 9A610.y) 
or a defense article enumerated or otherwise described in USML 
Category VIII and not elsewhere specified on the USML or in 9A610.y, 
9A619.y, or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' for a commodity subject to 
control in this entry, ECCN 9A619, or for a defense article in USML 
Categories VIII or XIX and not elsewhere specified in the USML or 
the CCL, and other aircraft commodities ``specially designed'' for a 
military use, as follows, and ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' ``specially designed'' 
therefor:
    y.1. Aircraft tires;
    y.2. Analog gauges and indicators;
    y.3. Audio selector panels;
    y.4. Check valves for hydraulic and pneumatic systems;
    y.5. Crew rest equipment;
    y.6. Ejection seat mounted survival aids;
    y.7. Energy dissipating pads for cargo (for pads made from paper 
or cardboard);
    y.8. Fluid filters and filter assemblies;
    y.9. Galleys;
    y.10. Fluid hoses, straight and unbent lines (for a commodity 
subject to control in this entry or defense article in USML Category 
VIII), and fittings, couplings, clamps (for a commodity subject to 
control in this entry or defense article in USML Category VIII) and 
brackets therefor;
    y.11. Lavatories;
    y.12. Life rafts;
    y.13. Magnetic compass, magnetic azimuth detector;
    y.14. Medical litter provisions;
    y.15. Cockpit or cabin mirrors;
    y.16. Passenger seats including palletized seats;
    y.17. Potable water storage systems;
    y.18. Public address (PA) systems;
    y.19. Steel brake wear pads (does not include sintered mix or 
carbon/carbon materials);
    y.20. Underwater locator beacons;

[[Page 61162]]

    y.21. Urine collection bags/pads/cups/pumps;
    y.22. Windshield washer and wiper systems;
    y.23. Filtered and unfiltered panel knobs, indicators, switches, 
buttons, and dials;
    y.24. Lead-acid and Nickel-Cadmium batteries;
    y.25. Propellers, propeller systems, and propeller blades used 
with reciprocating engines;
    y.26. Fire extinguishers;
    y.27. Flame and smoke/CO2 detectors;
    y.28. Map cases;
    y.29. `Military Aircraft' that were first manufactured from 1946 
to 1955 that do not incorporate defense articles enumerated or 
otherwise described on the U.S. Munitions List, unless the items are 
required to meet safety or airworthiness standards of a Wassenaar 
Arrangement Participating State; and do not incorporate weapons 
enumerated or otherwise described on the U.S. Munitions List, unless 
inoperable and incapable of being returned to operation;
    y.30. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments,'' other than electronic items or navigation 
equipment, for use in or with a commodity controlled by ECCN 
9A610.h;
    y.31. Identification plates and nameplates; and
    y.32. Fluid manifolds.

    Dated: December 18, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-27616 Filed 12-26-17; 8:45 am]
 BILLING CODE 3510-33-P



                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                           61153

                                                (ii) Reserved.                                       Overview                                              for clarity. Finally, this final rule
                                                (3) For RRC service information identified                                                                 changes the supplement’s name from
                                             in this AD, contact Rolls-Royce Corporation,              This final rule updates six parts of the
                                                                                                     EAR to correct typographical errors,                  ‘‘Decision Tree’’ to ‘‘Export Control
                                             450 South Meridian Street, Mail Code NB–                                                                      Decision Tree’’ to match the title of the
                                             02–05, Indianapolis, IN 46225; phone: 317–              clarify inaccurate or unclear internal
                                             230–3774; email: indy.pubs.services@rolls-              references, and correct inconsistencies               diagram, and the duplicative
                                             royce.com; internet: www.rolls-royce.com.               in certain entries on the Commerce                    parenthetical in the graphic title reading
                                                (4) You may view this service information            Control List (CCL).                                   ‘‘(Supp. No. 1 to Part 732)’’ is deleted.
                                             at FAA, Engine and Propeller Standards                                                                        Part 734
                                             Branch, 1200 District Avenue, Burlington,               Part 732
                                             MA 01803. For information on the                                                                                 Section 734.18 was created in the rule
                                                                                                        Section 732.4(b) discusses steps to be
                                             availability of this material at the FAA, call                                                                Revisions to Definitions in the Export
                                                                                                     taken when reviewing license
                                             781–238–7125.                                                                                                 Administration Regulations (81 FR
                                                (5) You may view this service information            exceptions for exports and reexports. In
                                                                                                                                                           35586 (June 3, 2016)) and discusses
                                             that is incorporated by reference at the                § 732.4(b)(7)(ii), there is a reference to
                                                                                                                                                           activities that are not exports, reexports,
                                             National Archives and Records                           § 740.20(g) listing ECCNs that may be
                                                                                                                                                           or transfers. The note following the end
                                             Administration (NARA). For information on               eligible for subsequent export or                     of § 734.18(a)(5)(iv) discusses data in
                                             the availability of this material at NARA, call         reexport under license exception STA,                 transit via the internet, but the note is
                                             202–741–6030, or go to: http://                         following submission of a license
                                             www.archives.gov/federal-register/cfr/ibr-                                                                    incorrectly described as the note to
                                                                                                     application. However, only ECCN                       paragraph (a)(4)(iv). This rule changes
                                             locations.html.                                         9A610.a is listed in § 732.4(b)(7)(ii),               the note to refer to § 734.18(a)(5)(iv).
                                               Issued in Burlington, Massachusetts, on               while ECCNs 0A606.a, 8A609.a,
                                             December 18, 2017.                                      8A620.a, 8A620.b, ‘‘spacecraft’’ in ECCN              Part 738
                                             Robert J. Ganley,                                       subparagraphs 9A515.a.1, a.2, a.3, a.4,                  In § 738.2(d)(1), Composition of an
                                             Manager, Engine and Propeller Standards                 9A515.g, and 9E515.b, .d, .e, and .f                  entry, there is a description of the
                                             Branch, Aircraft Certification Service.                 (which also now appear in § 740.20(g)),               meaning attached to each alphanumeric
                                             [FR Doc. 2017–27778 Filed 12–26–17; 8:45 am]            are inadvertently omitted. This                       character making up an Export Control
                                             BILLING CODE 4910–13–P                                  correction adds the omitted items listed              Classification Number. This paragraph
                                                                                                     in § 740.20(g) to § 732.4(b)(7)(ii).                  currently explains that the second
                                                                                                     Additionally, because these items                     ‘‘digit’’ in an ECCN indicates the
                                                                                                     include both commodities and                          ‘‘Reason for Control.’’ However, in
                                             DEPARTMENT OF COMMERCE                                  technology, the term ‘‘aircraft’’ in the              paragraph (d)(1)(i) of this section, the
                                             Bureau of Industry and Security                         reference to 9A610.a is replaced with                 paragraph refers to the Reason for
                                                                                                     ‘‘item.’’                                             Control as the third ‘‘digit.’’ This final
                                             15 CFR Parts 732, 734, 738, 740, 746,                      This rule also clarifies and corrects              rule amends § 738.2(d)(1)(i) to replace
                                             and 774                                                 the Export Control Decision Tree                      the word ‘‘digit’’ with ‘‘alphanumeric
                                                                                                     diagram in supplement No. 1 to part 732               character’’ in order to maintain
                                             [170207157–7157–01]                                     that was last revised in a final rule                 consistency and prevent confusion.
                                                                                                     published February 6, 2004 (69 FR 5686                   Additionally, in § 738.2, this final rule
                                             RIN 0694–AH31                                           (Feb. 6, 2004)). Several of the decision              makes a correction in
                                                                                                     ‘‘blocks’’ in the flowchart contain                   § 738.2(d)(2)(iv)(C)(2). The text of this
                                             Revisions, Clarifications, and                          references that are unclear or incorrect.             paragraph uses ECCN 2B992 as an
                                             Technical Corrections to the Export                     This rule provides clarity by changing                example when providing an overview of
                                             Administration Regulations                              references to the general prohibitions to             how to read an ECCN heading on the
                                             AGENCY:  Bureau of Industry and                         citations of specific sections of the EAR,            Commerce Control List (CCL). However,
                                             Security, Commerce.                                     and correcting improper citations to                  in the latter part of the section, the text
                                                                                                     ensure that the citations contained in all            erroneously references ECCN 2B999
                                             ACTION: Final rule; correcting
                                                                                                     decision blocks coincide with the                     instead of 2B992. This rule replaces the
                                             amendments.
                                                                                                     appropriate sections of the EAR.                      reference to ECCN 2B999 with 2B992 in
                                             SUMMARY:   In this final rule, the Bureau               Specifically, the changes are as follows:             this section to correct the ECCN
                                             of Industry and Security corrects certain               In the block which begins ‘‘Is your item              reference.
                                             provisions in the Export Administration                 classified under an ECCN on the CCL,’’
                                                                                                     a direct citation to § 736.2(b)(1) through            Part 740
                                             Regulations (EAR) to provide accurate
                                             references and fix typographical errors,                (3) replaces a reference to General                      Section 740.20(g)(1) lists 9x515 and
                                             and amend several Export Control                        Prohibitions 1 through 3, which did not               ‘‘600 series’’ ECCNs that are eligible for
                                             Classification Numbers (ECCNs) to                       inform the reader where the                           license exception Strategic Trade
                                             enhance consistency with the other                      prohibitions could be found in the EAR;               Authorization. This includes ECCNs
                                             ECCNs on the Commerce Control List                      in the block which begins ‘‘Is there an               9A515.a.1, .a.2, .a.3, .a.4, and .g,
                                             (CCL). The corrections are editorial in                 ‘X’ in the box,’’ the EAR citations now               9A610.a, and technology ECCNs
                                             nature and do not affect license                        directly follow references to the                     9E515.b, .d, .e, and .f. In the final rule
                                             requirements.                                           Commerce Country Chart and the CCL,                   Revisions to the Export Administration
                                                                                                     respectively; and, in the block which                 Regulations (EAR): Control of
                                             DATES: This rule is effective December                  begins ‘‘Use License Exception,’’ the                 Spacecraft Systems and Related Items
                                             27, 2017.                                               citation to § 740.1, which is an                      the President Determines No Longer
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                                             FOR FURTHER INFORMATION CONTACT: Ivan                   introduction, is replaced with a                      Warrant Control under the United States
                                             Mogensen, Office of Exporter Services,                  reference to the whole of part 740.                   Munitions List (USML) (82 FR 2875 (Jan.
                                             Bureau of Industry and Security, by                     Additionally, several grammatical errors              10, 2017)), the phrase ‘‘that provide
                                             telephone: (202) 482–2440 or email:                     are addressed, and the section symbol                 space-based logistics, assembly or
                                             Ivan.Mogensen@bis.doc.gov.                              (‘‘§ ’’) is added wherever a section of the           servicing of any spacecraft (e.g.,
                                             SUPPLEMENTARY INFORMATION:                              EAR is referenced in the decision blocks              refueling)’’ following the list of ECCN


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                                             61154        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                             9A515 items paragraphs was intended                     for the ‘‘development,’’ ‘‘production,’’              13222 as amended by Executive Order
                                             to be removed since it is only applicable               operation or maintenance of the items                 13637.
                                             to 9A515.a.4 and not to the other                       controlled under ECCNs 0B606 and
                                                                                                                                                           Rulemaking Requirements
                                             ECCNs. Since the phrase was not                         0C606 or 0E606.a technology required
                                             removed, this rule removes the phrase                   for the ‘‘development,’’ ‘‘production,’’                 1. Executive Orders 13563 and 12866
                                             to prevent confusion by users.                          operation or maintenance of the items                 direct agencies to assess all costs and
                                                                                                     controlled under ECCNs 0B606 and                      benefits of available regulatory
                                             Part 746                                                                                                      alternatives and, if regulation is
                                                                                                     0C606 is controlled or not. This edit
                                                This rule amends § 746.9(a) by                       removes this confusion by clarifying                  necessary, to select regulatory
                                             removing an outdated reference to                       that such software is controlled under                approaches that maximize net benefits
                                             § 734.2(b) for the definitions of ‘‘deemed              ECCN 0D606.a and such technology is                   (including potential economic,
                                             export’’ and ‘‘deemed reexport,’’ as that               controlled under ECCN 0E606.a.                        environmental, public health and safety
                                             section is currently reserved, and                         ECCN 2B352: This final rule corrects               effects, distributive impacts, and
                                             replacing it with references to                         ECCN 2B352 by revising, in the List of                equity). Executive Order 13563
                                             §§ 734.13(b) and 734.14(b), because the                 Items Controlled section, Items                       emphasizes the importance of
                                             relevant definitions for deemed                         paragraphs g.1, i.1, i.2 and i.3 and the              quantifying both costs and benefits, of
                                             ‘‘export’’ and deemed ‘‘reexport’’ has                  Technical Notes at the end of the Items               reducing costs, of harmonizing rules,
                                             been found in those two sections of the                 paragraphs. The corrections are as                    and of promoting flexibility. This rule
                                             EAR since the publication of the final                  follows: The word ‘‘dependant’’ is                    does not impose any regulatory burden
                                             rule Revisions to Definitions in the                    replaced with the American spelling of                on the public and is consistent with the
                                             Export Administration Regulations (81                   the word ‘‘dependent’’ in Items                       goals of Executive Order 13563. This
                                             FR 35586). Additionally, consistent                     paragraph g.1; double quotes are added                rule has been designated not significant
                                             with the guidance in § 774.1(d), the                    around the term ‘‘aircraft’’ in Items                 for purposes of Executive Order 12866.
                                             double quotes around deemed export                      paragraphs i.1 and i.2, and in Technical              This rule is not an Executive Order
                                             and deemed reexport in § 746.9 are                      Notes 1 and 3 because ‘‘aircraft’’ is a               13771 regulatory action because this
                                             removed as these terms do not appear in                 defined term in the EAR; double quotes                rule is not significant under Executive
                                             § 772.1.                                                are added around the term ‘‘laser’’ in                Order 12866.
                                                                                                     Technical Notes 3.a and .b for the same                  2. This final rule does not contain
                                             Part 774                                                                                                      information collections subject to the
                                                                                                     reason; double quotes are replaced with
                                                This rule makes corrections to six                   single quotes around the term ‘VMD’ in                requirements of the Paperwork
                                             ECCNs in supplement No. 1 to part 774,                  Items paragraphs i.1 and i.2 and the                  Reduction Act of 1995 (44 U.S.C. 3501
                                             ‘‘Commerce Control List,’’ by correcting                term is clarified in Technical Note 3;                et seq.) (PRA). Notwithstanding any
                                             misspellings and creating conforming                    single quotes are added to the term                   other provision of law, no person is
                                             changes. The corrections are as follows:                ‘aerosol generating units’ in Items                   required to respond to, nor is subject to
                                                ECCNs 0A606, 8A609, and 9A610:                       paragraphs i.2 and i.3 and Technical                  a penalty for failure to comply with, a
                                             This final rule amends these ECCNs to                   Note 1.                                               collection of information, subject to the
                                             correct the title of § 740.20(g) that is                   ECCN 8A609: This final rule revises                requirements of the Paperwork
                                             referenced in paragraph (1) in the                      Related Control paragraph (3) under the               Reduction Act of 1995 (44 U.S.C. 3501
                                             Special Conditions for STA section of                   List of Items Controlled section in ECCN              et seq.) (PRA), unless that collection of
                                             the ECCN entries. Currently, these                      8A609 to add a reference to Category VI               information displays a currently valid
                                             sections refer to § 740.20(g) as License                of the International Traffic in Arms                  Office of Management and Budget
                                             Exception STA eligibility requests for                  Regulations (ITAR). This is done to                   (OMB) Control Number.
                                             ‘‘600 series’’ end items, when the                      indicate that certain diesel engines and                 3. This rule does not contain policies
                                             current title for this section is License               electric motors for both EAR surface                  with Federalism implications as that
                                             Exception STA eligibility requests for                  vessels of war and ITAR surface vessels               term is defined in Executive Order
                                             9x515 and ‘‘600 series’’ items. The title               of war are controlled under ECCN                      13132.
                                             of § 740.20(g) was changed in the rule                  8A992.g. Additionally, double quotes                     4. The Department of Commerce finds
                                             Revisions to the Export Administration                  are added around the term ‘‘subject to                that there is good cause under 5 U.S.C.
                                             Regulations (EAR): Control of                           the EAR’’ because it is a defined term in             553(b)(B) to waive the provisions of the
                                             Spacecraft Systems and Related Items                    the EAR.                                              Administrative Procedure Act otherwise
                                             the President Determines No Longer                                                                            requiring prior notice and the
                                             Warrant Control Under the United                        Export Administration Act                             opportunity for public comment
                                             States Munitions List (USML); (79 FR                      Since August 21, 2001, the Export                   because they are unnecessary. The
                                             27417 (May 13, 2014)), but the change                   Administration Act of 1979, as                        revisions made by this rule are
                                             was not made to the corresponding                       amended, has been in lapse. However,                  administrative in nature and do not
                                             ECCNs. This rule amends the title                       the President, through Executive Order                affect the privileges and obligations of
                                             reference in these ECCNs to match the                   13222 of August 17, 2001, 3 CFR, 2001                 the public. Additionally, it is important
                                             current title of § 740.20(g).                           Comp., p. 783 (2002), as amended by                   that the edits and clarifications are
                                                ECCNs 0D606.a and 0E606.a: This                      Executive Order 13637 of March 8,                     added as soon as possible to prevent
                                             final rule amends ECCN subparagraphs                    2013, 78 FR 16129 (March 13, 2013),                   improper interpretation of the EAR. The
                                             0D606.a and 0E606.a to include                          and as extended by the Notice of August               Department also finds that there is good
                                             references to ECCNs 0B606 and 0C606.                    15, 2017, 82 FR 39005 (August 16, 2017)               cause under 5 U.S.C. 553(b)(A) to waive
                                             The headings of both 0D606 and 0E606                    has continued the EAR in effect under                 the provisions of the Administrative
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                                             refer to 0B606 and 0C606 but these                      the International Emergency Economic                  Procedure Act requiring notice and
                                             references do not appear in Items                       Powers Act (50 U.S.C. 1701 et seq.). BIS              comment because these changes are
                                             paragraph .a of the List of Items                       continues to carry out the provisions of              limited to providing guidance on
                                             Controlled section. This inconsistency                  the Export Administration Act, as                     existing interpretations of current EAR
                                             has generated confusion as to whether                   appropriate and to the extent permitted               provisions. Because these revisions are
                                             0D606.a software ‘‘specially designed’’                 by law, pursuant to Executive Order                   not substantive changes to the EAR, the


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                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                             61155

                                             30-day delay in effectiveness otherwise                 15 CFR Parts 746 and 774                              9A515.a.1, a.2, a.3, a.4 or 9A515.g,
                                             required by 5 U.S.C. 553(d) is not                        Exports, Reporting and recordkeeping                ECCN 9A610.a, or technology under
                                             applicable. No other law requires that a                requirements.                                         ECCNs 9E515.b, .d, .e, or .f, § 740.20(g)
                                             notice of proposed rulemaking and                         Accordingly, parts 732, 734, 738, 740,              permits you to request in the
                                             opportunity for public comment be                       746, and 774 of the Export                            application that subsequent exports of
                                             given for this rule. The analytical                     Administration Regulations (15 CFR                    the type of aircraft, spacecraft, military
                                             requirements of the Regulatory                          parts 730 through 774) are amended as                 vessels, or technology at issue be
                                             Flexibility Act (5 U.S.C. 601 et seq.) are              follows:                                              eligible for export under License
                                             not applicable because no general notice                                                                      Exception STA. The types of ‘‘items’’
                                             of proposed rulemaking was required                     PART 732—[AMENDED]                                    controlled under ECCNs 0A606.a,
                                             for this rule by 5 U.S.C. 553, or by any                                                                      8A609.a, 8A620.a, 8A620.b, certain
                                             other law. Accordingly, no regulatory                   ■ 1. The authority citation for 15 CFR                spacecraft controlled under ECCN
                                             flexibility analysis is required and none               part 732 continues to read as follows:                subparagraphs 9A515.a.1, a.2, a.3, a.4 or
                                             has been prepared.                                        Authority: 50 U.S.C. 4601 et seq.; 50               9A515.g, ECCN 9A610.a, and
                                                                                                     U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767,         technology ECCNs 9E515.b, .d, .e, or .f,
                                             List of Subjects
                                                                                                     3 CFR, 1996 Comp., p. 228; E.O. 13222, 66             that have been determined to be eligible
                                             15 CFR Part 732                                         FR 44025, 3 CFR, 2001 Comp., p. 783; Notice           for License Exception STA pursuant to
                                                                                                     of August 15, 2017, 82 FR 39005 (August 16,           § 740.20(g) are identified in the License
                                               Administrative practice and                           2017).                                                Exceptions paragraphs of ECCNs 0A606,
                                             procedure, Exports, Reporting and
                                                                                                     ■ 2. Section 732.4 is amended by                      8A609, 8A620, 9A610, 9A515, and
                                             recordkeeping requirements
                                                                                                     revising paragraph (b)(7)(ii) to read as              9E515. Supplement No. 2 to part 748,
                                             15 CFR Part 734                                         follows:                                              paragraph (w) (License Exception STA
                                                                                                                                                           eligibility requests), contains the
                                               Administrative practice and                           § 732.4 Steps regarding License                       instructions for such applications.
                                             procedure, Exports, Inventions and                      Exceptions.
                                             patents, Research, Science and                          *      *     *     *     *                              Note 1 to paragraph (b)(7)(ii): If you intend
                                             technology                                                (b) * * *                                           to use License Exception STA, return to
                                                                                                       (7) * * *                                           paragraphs (a) and then (b) of this section to
                                             15 CFR Part 738                                                                                               review the Steps regarding the use of license
                                                                                                       (ii) If you are going to file a license
                                                Exports                                              application with BIS for the export,                  exceptions.
                                                                                                     reexport, or in-country transfer for                  *        *   *     *     *
                                             15 CFR Part 740
                                                                                                     aircraft or military vessels controlled
                                               Administrative practice and                           under ECCNs 0A606.a, 8A609.a,                         ■ 3. Supplement No. 1 to part 732 is
                                             procedure, Exports, Reporting and                       8A620.a, 8A620.b, certain ‘‘spacecraft’’              revised to read as follows:
                                             recordkeeping requirements.                             controlled under ECCN subparagraphs                   BILLING CODE 3510–33–P
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                                             61156        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations




                                             BILLING CODE 3510–33–C                                  § 734.18    [Amended]                                 58767, 3 CFR, 1996 Comp., p. 228; E.O.
                                                                                                     ■ 5. Section 734.18 is amended by                     13222, 66 FR 44025, 3 CFR, 2001 Comp.,
                                             PART 734—[AMENDED]                                                                                            p. 783; Notice of August 15, 2017, 82 FR
                                                                                                     redesignating the note to paragraph
                                                                                                                                                           39005 (August 16, 2017).
                                             ■ 4. The authority citation for 15 CFR                  (a)(4)(iv) as note 1 to paragraph
                                             part 734 continues to read as follows:                  (a)(5)(iv).                                           ■ 7. Section 738.2 is amended by
                                                                                                                                                           revising paragraphs (d)(1)(i) and
                                               Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.                                                                (d)(2)(iv)(C)(2) to read as follows:
                                             1701 et seq.; E.O. 12938, 59 FR 59099, 3 CFR,           PART 738—[AMENDED]
                                             1994 Comp., p. 950; E.O. 13020, 61 FR 54079,                                                                  § 738.2 Commerce Control List (CCL)
                                                                                                     ■ 6. The authority citation for 15 CFR
                                             3 CFR, 1996 Comp., p. 219; E.O. 13026, 61                                                                     structure.
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                                             FR 58767, 3 CFR, 1996 Comp., p. 228; E.O.
                                                                                                     part 738 continues to read as follows:
                                             13222, 66 FR 44025, 3 CFR, 2001 Comp.,                     Authority: 50 U.S.C. 4601 et seq.; 50
                                                                                                                                                           *     *     *    *     *
                                             p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014            U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.          (d) * * *
                                             Comp., p. 223; Notice of November 8, 2016,              7430(e); 22 U.S.C. 287c; 22 U.S.C. 3201 et              (1) * * *
                                             81 FR 79379 (November 10, 2016); Notice of              seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15               (i) Since Reasons for Control are not
                                             August 15, 2017, 82 FR 39005 (August 16,                U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201          mutually exclusive, numbers are
                                                                                                                                                                                                      ER27DE17.004</GPH>




                                             2017).                                                  et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR            assigned in order of precedence. As an


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                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                               61157

                                             example, if an item is controlled for                   or technology ECCNs 9E515.b, .d, .e, or               0A606 Ground vehicles and related
                                             both National Security and Missile                      .f.                                                   commodities, as follows (see List of Items
                                             Technology reasons, the entry’s third                                                                         Controlled).
                                                                                                     *     *    *    *   *
                                             alphanumeric character will be a ‘‘0’’. If                                                                    License Requirements
                                             the item is controlled only for Missile                 PART 746—[AMENDED]                                    Reason for Control: NS, RS, AT, UN
                                             Technology the third alphanumeric
                                             character will be ‘‘1’’.                                ■ 10. The authority citation for 15 CFR                                          Country Chart (See
                                                (2) * * *                                            part 746 is revised to read as follows:                        Control(s)        Supp. No. 1 to part
                                                                                                                                                                                             738)
                                                (iv) * * *                                             Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
                                                                                                     1701 et seq.; 22 U.S.C. 287c; Sec 1503, Pub.          NS applies to entire      NS Column 1
                                                (C) * * *
                                                                                                     L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 22            entry, except
                                                (2) ‘‘(See List of Items Controlled)’’ is            U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O.               0A606.b and .y.
                                             in the middle of the ECCN heading. If                   12854, 58 FR 36587, 3 CFR, 1993 Comp., p.             NS applies to             NS Column 2
                                             the phrase ‘‘(see List of Items                         614; E.O. 12918, 59 FR 28205, 3 CFR, 1994               0A606.b.
                                                                                                                                                           RS applies to entire      RS Column 1
                                             Controlled)’’ appears in the middle of                  Comp., p. 899; E.O. 13222, 66 FR 44025, 3               entry, except
                                             the ECCN heading, then all portions of                  CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR              0A606.b and .y.
                                             the heading that follow the phrase ‘‘(see               26751, 3 CFR, 2004 Comp., p 168;                      RS applies to             RS Column 2
                                             List of Items Controlled)’’ will list items             Presidential Determination 2003–23, 68 FR               0A606.b.
                                                                                                     26459, 3 CFR, 2004 Comp., p. 320;                     AT applies to entire      AT Column 1
                                             controlled in addition to the list in the                                                                       entry.
                                                                                                     Presidential Determination 2007–7, 72 FR
                                             ‘‘items’’ paragraph. An example of such                                                                       UN applies to entire      See § 746.1(b) for UN
                                                                                                     1899, 3 CFR, 2006 Comp., p. 325; Notice of              entry, except             controls
                                             a heading is ECCN 2B992 Non-                            August 15, 2017, 82 FR 39005 (August 16,                0A606.y.
                                             ‘‘numerically controlled’’ machine tools                2017); Notice of May 9, 2017, 82 FR 21909
                                             for generating optical quality surfaces,                (May 10, 2017).                                       List Based License Exceptions (See Part 740
                                             (see List of Items Controlled) and                                                                            for a description of all license exceptions)
                                                                                                     ■ 9. Section 746.9 is amended by
                                             ‘‘specially designed’’ ‘‘parts’’ and                                                                          LVS: $1500
                                                                                                     revising paragraph (a) to read as follows:
                                             ‘‘components’’ therefor. Under the                                                                            GBS: N/A
                                             ECCN 2B992 example, the ‘‘items’’                       § 746.9    Syria.                                     CIV: N/A
                                             paragraph must be reviewed to                           *     *     *     *    *                              Special Conditions for STA
                                             determine whether your item is                                                                                STA: (1) Paragraph (c)(1) of License
                                             contained within the first part of the                    (a) License requirements. A license is
                                                                                                     required for the export or reexport to                  Exception STA (§ 740.20(c)(1) of the EAR)
                                             heading (‘‘non-‘numerically controlled’                                                                         may not be used for any item in 0A606.a,
                                             machine tools for generating optical                    Syria of all items subject to the EAR,                  unless determined by BIS to be eligible for
                                             quality surfaces’’) and classified under                except food and medicine classified as                  License Exception STA in accordance with
                                             2B992. The second part of the ECCN                      EAR99 (food and medicine are defined                    § 740.20(g) (License Exception STA
                                             2B992 heading (‘‘and ‘specially                         in part 772 of the EAR). A license is                   eligibility requests for 9x515 and ‘‘600
                                             designed’ ‘parts’ and ‘components’                      required for the deemed export and                      series’’ items). (2) Paragraph (c)(2) of
                                                                                                     deemed reexport, as described in                        License Exception STA (§ 740.20(c)(2) of
                                             therefor’’) contains the exclusive list                                                                         the EAR) may not be used for any item in
                                             described in the heading. ECCNs 1A006,                  §§ 734.13(b) and 734.14(b) of the EAR,
                                                                                                     respectively, of any technology or                      0A606.
                                             3B992, 4A001, 6A006 and 7A001 are
                                             other examples where the phrase ‘‘(see                  source code on the Commerce Control                   List of Items Controlled
                                             List of Items Controlled)’’ appears in the              List (CCL) to a Syrian foreign national.              Related Controls: (1) The ground vehicles,
                                             middle of the ECCN heading.                             Deemed exports and deemed reexports                      other articles, technical data (including
                                                                                                     to Syrian foreign nationals involving                    software) and services described in 22 CFR
                                             *      *     *      *     *
                                                                                                     technology or source code subject to the                 part 121, Category VII are subject to the
                                                                                                     EAR but not listed on the CCL do not                     jurisdiction of the International Traffic in
                                             PART 740—[AMENDED]                                                                                               Arms Regulations. (2) See ECCN 0A919 for
                                                                                                     require a license.
                                                                                                                                                              foreign-made ‘‘military commodities’’ that
                                             ■ 8. The authority citation for 15 CFR                  *     *     *     *    *                                 incorporate more than a de minimis
                                             part 740 continues to read as follows:                                                                           amount of U.S.-origin ‘‘600 series’’
                                               Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.
                                                                                                     PART 774—[AMENDED]                                       controlled content.
                                             1701 et seq.; 22 U.S.C. 7201 et seq.; E.O.                                                                    Related Definitions: N/A
                                             13026, 61 FR 58767, 3 CFR, 1996 Comp., p.               ■ 11. The authority citation for 15 CFR               Items: a. Ground vehicles, whether manned
                                             228; E.O. 13222, 66 FR 44025, 3 CFR, 2001               part 774 continues to read as follows:                   or unmanned, ‘‘specially designed’’ for a
                                             Comp., p. 783; Notice of August 15, 2017, 82               Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C.          military use and not enumerated or
                                             FR 39005 (August 16, 2017).                             1701 et seq.; 10 U.S.C. 7420; 10 U.S.C.                  otherwise described in USML Category VII.
                                                                                                     7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et              Note 1 to paragraph .a: For purposes of
                                             ■ 9. Section 740.20 is amended by                       seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15             paragraph .a, ‘‘ground vehicles’’ include (i)
                                             revising paragraph (g)(1) to read as                    U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201          tanks and armored vehicles manufactured
                                             follows:                                                et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR            prior to 1956 that have not been modified
                                                                                                     58767, 3 CFR, 1996 Comp., p. 228; E.O.                since 1955 and that do not contain a
                                             § 740.20 License Exception Strategic
                                                                                                     13222, 66 FR 44025, 3 CFR, 2001 Comp., p.             functional weapon or a weapon capable of
                                             Trade Authorization (STA).
                                                                                                     783; Notice of August 15, 2017, 82 FR 39005           becoming functional through repair; (ii)
                                             *     *      *    *      *                              (August 16, 2017).                                    military railway trains except those that are
                                               (g) * * *                                                                                                   armed or are ‘‘specially designed’’ to launch
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                                                                                                     ■ 12. In supplement No. 1 to part 774,
                                                                                                                                                           missiles; (iii) unarmored military recovery
                                               (1) Applicability. Any person may                     Category 0, ECCN 0A606 is revised to                  and other support vehicles; (iv) unarmored,
                                             request License Exception STA                           read as follows:                                      unarmed vehicles with mounts or hard
                                             eligibility for end items described in                                                                        points for firearms of .50 caliber or less; and
                                             ECCN 0A606.a, ECCN 8A609.a, ECCNs                       Supplement No. 1 to Part 774—The
                                                                                                     Commerce Control List                                 (v) trailers ‘‘specially designed’’ for use with
                                             8A620.a or .b, ‘‘spacecraft’’ in ECCNs                                                                        other ground vehicles enumerated in USML
                                             9A515.a.1, .a.2, .a.3, .a.4, or .g, 9A610.a,            *      *      *      *       *                        Category VII or ECCN 0A606.a, and not



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                                             61158        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                             separately enumerated or otherwise                        g. through w. [RESERVED]                                                       Country Chart (See
                                             described in USML Category VII. For                       x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’               Control(s)        Supp. No. 1 to part
                                             purposes of this note, the term ‘‘modified’’            and ‘‘attachments’’ that are ‘‘specially                                                738)
                                             does not include incorporation of safety                designed’’ for a commodity enumerated or
                                             features required by law, cosmetic changes              otherwise described in ECCN 0A606 (other              NS applies to entire      NS Column 1
                                             (e.g., different paint or repositioning of bolt         than 0A606.b or 0A606.y) or a defense article           entry.
                                             holes) or addition of ‘‘parts’’ or                      enumerated in USML Category VII and not               RS applies to entire      RS Column 1
                                             ‘‘components’’ available prior to 1956.                 elsewhere specified on the USML or in                   entry.
                                                                                                     0A606.y.                                              AT applies to entire      AT Column 1
                                                Note 2 to paragraph .a: A ground vehicle’s
                                             being ‘‘specially designed’’ for military use                                                                   entry.
                                                                                                       Note 1: Forgings, castings, and other               UN applies to entire      See § 746.1(b) for UN
                                             for purposes of determining controls under              unfinished products, such as extrusions and
                                             paragraph .a. entails a structural, electrical or                                                               entry.                    controls
                                                                                                     machined bodies, that have reached a stage
                                             mechanical feature involving one or more                in manufacture where they are clearly                 List Based License Exceptions (See Part 740
                                             ‘‘components’’ that are ‘‘specially designed’’          identifiable by mechanical properties,                for a description of all license exceptions)
                                             for military use. Such ‘‘components’’ include:
                                                                                                     material composition, geometry, or function           CIV: N/A
                                                a. Pneumatic tire casings of a kind
                                                                                                     as commodities controlled by ECCN 0A606.x             TSR: N/A
                                             ‘‘specially designed’’ to be bullet-proof;
                                                b. Armored protection of vital ‘‘parts’’ (e.g.,      are controlled by ECCN 0A606.x.
                                                                                                                                                           Special Conditions for STA
                                             fuel tanks or vehicle cabs);                               Note 2: ‘‘Parts,’’ ‘‘components,’’                 STA: Paragraph (c)(2) of License Exception
                                                c. Special reinforcements or mountings for           ‘‘accessories’’ and ‘‘attachments’’ enumerated          STA (§ 740.20(c)(2) of the EAR) may not be
                                             weapons;                                                in USML paragraph VII(g) are subject to the             used for any ‘‘software’’ in 0D614.
                                                d. Black-out lighting.                               controls of that paragraph. ‘‘Parts,’’
                                                b. Other ground vehicles, ‘‘parts’’ and              ‘‘components,’’ ‘‘accessories’’ and                   List of Items Controlled
                                             ‘‘components,’’ as follows:                             ‘‘attachments’’ described in ECCN 0A606.y             Related Controls: (1) ‘‘Software’’ directly
                                                b.1. Unarmed vehicles that are derived               are subject to the controls of that paragraph.           related to articles enumerated in USML
                                             from civilian vehicles and that have all of the                                                                  Category IX is subject to the control of
                                                                                                        y. Specific ‘‘parts,’’ ‘‘components,’’
                                             following:                                                                                                       USML paragraph IX(e). (2) See ECCN
                                                b.1.a. Manufactured or fitted with materials         ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially         0A919 for foreign made ‘‘military
                                             or ‘‘components’’ other than reactive or                designed’’ for a commodity enumerated or                 commodities’’ that incorporate more than a
                                             electromagnetic armor to provide ballistic              otherwise described in this ECCN (other than             de minimis amount of US-origin ‘‘600
                                             protection to level III (National Institute of          ECCN 0A606.b) or for a defense article in                series’’ items.
                                             Justice standard 0108.01, September 1985) or            USML Category VII and not elsewhere                   Related Definitions: N/A
                                             better;                                                 specified on the USML or the CCL, as                  Items:
                                                b.1.b. A transmission to provide drive to            follows, and ‘‘parts,’’ ‘‘components,’’                  a. ‘‘Software’’ ‘‘specially designed’’ for the
                                             both front and rear wheels simultaneously,              ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially      ‘‘development,’’ ‘‘production,’’ operation, or
                                             including those vehicles having additional              designed’’ therefor:                                  maintenance of commodities controlled by
                                             wheels for load bearing purposes whether                   y.1. Brake discs, rotors, drums, calipers,         ECCNs 0A606 (except for ECCNs 0A606.b or
                                             driven or not;                                          cylinders, pads, shoes, lines, hoses, vacuum          0A606.y), 0B606, or 0C606.
                                                b.1.c. Gross vehicle weight rating (GVWR)            boosters, and parts therefor;                            b. [RESERVED]
                                             greater than 4,500 kg; and                                 y.2. Alternators and generators;                   ■ 14. In supplement No. 1 to part 774,
                                                b.1.d. Designed or modified for off-road                y.3. Axles;                                        Category 0, ECCN 0E606 is revised to
                                             use.                                                       y.4. Batteries;                                    read as follows:
                                                b.2. ‘‘Parts’’ and ‘‘components’’ having all            y.5. Bearings (e.g., ball, roller, wheel);
                                             of the following:                                          y.6. Cables, cable assembles, and                  0E606 ‘‘Technology’’ ‘‘required’’ for the
                                                b.2.a. ‘‘Specially designed’’ for vehicles           connectors;                                           ‘‘development,’’ ‘‘production,’’ operation,
                                             specified in paragraph .b.1 of this entry; and             y.7. Cooling system hoses;                         installation, maintenance, repair, overhaul,
                                                b.2.b. Providing ballistic protection to level          y.8. Hydraulic, fuel, oil, and air filters,        or refurbishing of ground vehicles and
                                             III (National Institute of Justice standard             other than those controlled by ECCN 1A004;            related commodities in 0A606, 0B606,
                                             0108.01, September 1985) or better.                        y.9. Gaskets and o-rings;                          0C606, or software in 0D606 (see List of
                                                Note 1 to paragraph b: Ground vehicles                  y.10. Hydraulic system hoses, fittings,            Items Controlled).
                                             otherwise controlled by 0A606.b.1 that                  couplings, adapters, and valves;                      License Requirements
                                             contain reactive or electromagnetic armor are              y.11. Latches and hinges;
                                             subject to the controls of USML Category VII.                                                                 Reason for Control: NS, RS, AT, UN
                                                                                                        y.12. Lighting systems, fuses, and
                                               Note 2 to paragraph b: ECCN 0A606.b.1                 ‘‘components;’’
                                                                                                                                                                                      Country Chart (See
                                             does not control civilian vehicles ‘‘specially             y.13. Pneumatic hoses, fittings, adapters,                  Control(s)        Supp. No. 1 to part
                                             designed’’ for transporting money or                    couplings, and valves;                                                                  738)
                                             valuables.                                                 y.14. Seats, seat assemblies, seat supports,
                                                                                                     and harnesses;                                        NS applies to entire      NS Column 1
                                                Note 3 to paragraph b: ‘‘Unarmed’’ means
                                                                                                        y.15. Tires, except run flat; and                    entry.
                                             not having installed weapons, installed
                                                                                                        y.16. Windows, except those for armored            RS applies to entire      RS Column 1
                                             mountings for weapons, or special
                                                                                                     vehicles.                                               entry.
                                             reinforcements for mounts for weapons.
                                                                                                                                                           AT applies to entire      AT Column 1
                                                c. Air-cooled diesel engines and engine              ■ 13. In supplement No. 1 to part 774,                  entry.
                                             blocks for armored vehicles that weigh more             Category 0, ECCN 0D606 is revised to                  UN applies to entire      See § 746.1(b) for UN
                                             than 40 tons.                                           read as follows:                                        entry.                    controls
                                                d. Fully automatic continuously variable
                                             transmissions for tracked combat vehicles.              0D606 ‘‘Software’’ ‘‘specially designed’’ for         List Based License Exceptions (See Part 740
                                                e. Deep water fording kits ‘‘specially               the ‘‘development,’’ ‘‘production,’’ operation,       for a description of all license exceptions)
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                                             designed’’ for ground vehicles controlled by            or maintenance of ground vehicles and                 CIV: N/A
                                             ECCN 0A606.a or USML Category VII.                      related commodities controlled by 0A606,              TSR: N/A
                                                f. Self-launching bridge ‘‘components’’ not          0B606, or 0C606 (see List of Items
                                             enumerated in USML Category VII(g)                      Controlled).                                          Special Conditions for STA
                                             ‘‘specially designed’’ for deployment by                                                                      STA: Paragraph (c)(2) of License Exception
                                             ground vehicles enumerated in USML                      License Requirements                                    STA (§ 740.20(c)(2) of the EAR) may not be
                                             Category VII or this ECCN.                              Reason for Control: NS, RS, AT, UN                      used for any technology in 0E614.



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                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                                61159

                                             List of Items Controlled                                   a.2.c. Mechanical-seal or inflatable-seal          without necessarily achieving elimination of
                                             Related Controls: ‘‘Technical data’’ directly           walkthrough doors.                                    all microbial infectivity or viability.
                                                related to articles enumerated in USML                  b. Fermenters and components as follows:              e. Steam, gas or vapor sterilizable freeze-
                                                Category IX is subject to the control of                b.1. Fermenters capable of cultivation of          drying equipment with a condenser capacity
                                                USML paragraph IX(e).                                micro-organisms or of live cells for the              of 10 kg of ice or greater in 24 hours (10 liters
                                             Related Definitions: N/A                                production of viruses or toxins, without the          of water or greater in 24 hours) and less than
                                                                                                     propagation of aerosols, having a capacity of         1000 kg of ice in 24 hours (less than 1,000
                                             Items:
                                                                                                     20 liters or greater.                                 liters of water in 24 hours).
                                                a. ‘‘Technology’’ ‘‘required’’ for the
                                                                                                        b.2. Components designed for such                     f. Spray-drying equipment capable of
                                             ‘‘development,’’ ‘‘production,’’ operation,
                                                                                                     fermenters, as follows:                               drying toxins or pathogenic microorganisms
                                             installation, maintenance, repair, overhaul,
                                                                                                        b.2.a. Cultivation chambers designed to be         having all of the following characteristics:
                                             or refurbishing of commodities enumerated
                                                                                                     sterilized or disinfected in situ;                       f.1. A water evaporation capacity of ≥ 0.4
                                             or otherwise described in ECCN 0A606
                                                                                                        b.2.b. Cultivation chamber holding devices;        kg/h and ≤ 400 kg/h;
                                             (except for ECCNs 0A606.b or 0A606.y),
                                                                                                     or                                                       f.2. The ability to generate a typical mean
                                             0B606, or 0C606.
                                                                                                        b.2.c. Process control units capable of            product particle size of ≤ 10 micrometers
                                                b. [RESERVED]                                        simultaneously monitoring and controlling             with existing fittings or by minimal
                                             ■ 15. In supplement No. 1 to part 774,                  two or more fermentation system parameters            modification of the spray-dryer with
                                             Category 2, ECCN 2B352 is revised to                    (e.g., temperature, pH, nutrients, agitation,         atomization nozzles enabling generation of
                                             read as follows:                                        dissolved oxygen, air flow, foam control).            the required particle size; and
                                                                                                        Technical Note: Fermenters include                    f.3. Capable of being sterilized or
                                             2B352 Equipment capable of use in                       bioreactors (including single-use (disposable)        disinfected in situ.
                                             handling biological materials, as follows (see          bioreactors), chemostats and continuous-flow             g. Protective and containment equipment,
                                             List of Items Controlled).                              systems.                                              as follows:
                                                                                                        c. Centrifugal separators capable of the              g.1. Protective full or half suits, or hoods
                                             License Requirements                                                                                          dependent upon a tethered external air
                                                                                                     continuous separation of pathogenic
                                             Reason for Control: CB, AT                              microorganisms, without the propagation of            supply and operating under positive
                                                                                                     aerosols, and having all of the following             pressure;
                                                                          Country Chart (See         characteristics:                                         Technical Note: This entry does not
                                                    Control(s)            Supp. No. 1 to part           c.1. One or more sealing joints within the         control suits designed to be worn with self-
                                                                                738).                steam containment area;                               contained breathing apparatus.
                                                                                                        c.2. A flow rate greater than 100 liters per          g.2. Biocontainment chambers, isolators, or
                                             CB applies to entire       CB Column 2                                                                        biological safety cabinets having all of the
                                                                                                     hour;
                                               entry.                                                                                                      following characteristics, for normal
                                                                                                        c.3. ‘‘Parts’’ or ‘‘components’’ of polished
                                             AT applies to entire       AT Column 1                                                                        operation:
                                                                                                     stainless steel or titanium; and
                                               entry.                                                   c.4. Capable of in-situ steam sterilization in        g.2.a. Fully enclosed workspace where the
                                             List Based License Exceptions (See Part 740             a closed state.                                       operator is separated from the work by a
                                             for a description of all license exceptions)               Technical Note: Centrifugal separators             physical barrier;
                                                                                                     include decanters.                                       g.2.b. Able to operate at negative pressure;
                                             LVS: N/A                                                                                                         g.2.c. Means to safely manipulate items in
                                                                                                        d. Cross (tangential) flow filtration
                                             GBS: N/A                                                                                                      the workspace; and
                                                                                                     equipment and ‘‘accessories,’’ as follows:
                                             CIV: N/A                                                                                                         g.2.d. Supply and exhaust air to and from
                                                                                                        d.1. Cross (tangential) flow filtration
                                             List of Items Controlled                                equipment capable of separation of                    the workspace is high-efficiency particulate
                                                                                                     microorganisms, viruses, toxins or cell               air (HEPA) filtered.
                                             Related Controls: See ECCNs 1A004 and
                                                1A995 for protective equipment that is not           cultures having all of the following                     Note 1 to 2B352.g.2: 2B352.g.2 controls
                                                                                                     characteristics:                                      class III biosafety cabinets, as specified in the
                                                covered by this entry. Also see ECCN
                                                                                                        d.1.a. A total filtration area equal to or         WHO Laboratory Biosafety Manual (3rd
                                                9A120 for controls on certain ‘‘UAV’’
                                                                                                     greater than 1 square meter (1 m2); and               edition, Geneva, 2004) or constructed in
                                                systems designed or modified to dispense
                                                                                                        d.1.b. Having any of the following                 accordance with national standards,
                                                an aerosol and capable of carrying
                                                                                                     characteristics:                                      regulations or guidance.
                                                elements of a payload in the form of a
                                                                                                        d.1.b.1. Capable of being sterilized or
                                                particulate or liquid, other than fuel                                                                        Note 2 to 2B352.g.2: 2B352.g.2 does not
                                                                                                     disinfected in-situ; or
                                                ‘‘parts’’ or ‘‘components’’ of such vehicles,                                                              control isolators ‘‘specially designed’’ for
                                                                                                        d.1.b.2. Using disposable or single-use
                                                of a volume greater than 20 liters.                                                                        barrier nursing or transportation of infected
                                                                                                     filtration ‘‘parts’’ or ‘‘components’’.
                                             Related Definitions: (1) ‘‘Lighter than air                                                                   patients.
                                                                                                        N.B.: 2B352.d.1 does not control reverse
                                                vehicles’’—balloons and airships that rely           osmosis and hemodialysis equipment, as                   h. Aerosol inhalation equipment designed
                                                on hot air or on lighter-than-air gases, such        specified by the manufacturer.                        for aerosol challenge testing with
                                                as helium or hydrogen, for their lift. (2)              d.2. Cross (tangential) flow filtration            microorganisms, viruses or toxins, as follows:
                                                ‘‘UAVs’’—Unmanned Aerial Vehicles. (3)               ‘‘parts’’ or ‘‘components’’ (e.g., modules,              h.1. Whole-body exposure chambers
                                                ‘‘VMD’’—Volume Median Diameter.                      elements, cassettes, cartridges, units or             having a capacity of 1 cubic meter or greater.
                                             Items:                                                  plates) with filtration area equal to or greater         h.2. Nose-only exposure apparatus
                                                a. Containment facilities and related                than 0.2 square meters (0.2 m2) for each              utilizing directed aerosol flow and having a
                                             equipment, as follows:                                  component and designed for use in cross               capacity for the exposure of 12 or more
                                                a.1. Complete containment facilities at P3           (tangential) flow filtration equipment                rodents, or two or more animals other than
                                             or P4 containment level.                                controlled by 2B352.d.1.                              rodents, and closed animal restraint tubes
                                                Technical Note: P3 or P4 (BL3, BL4, L3,                 TECHNICAL NOTE: In this ECCN,                      designed for use with such apparatus.
                                             L4) containment levels are as specified in the          ‘‘sterilized’’ denotes the elimination of all            i. Spraying or fogging systems and ‘‘parts’’
                                             WHO Laboratory Biosafety Manual (3rd                    viable microbes from the equipment through            and ‘‘components’’ therefor, as follows:
                                             edition, Geneva, 2004).                                 the use of either physical (e.g., steam) or              i.1. Complete spraying or fogging systems,
                                                a.2. Equipment designed for fixed                    chemical agents. ‘‘Disinfected’’ denotes the          ‘‘specially designed’’ or modified for fitting
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                                             installation in containment facilities                  destruction of potential microbial infectivity        to ‘‘aircraft,’’ ‘‘lighter than air vehicles,’’ or
                                             specified in paragraph a.1 of this ECCN, as             in the equipment through the use of chemical          ‘‘UAVs,’’ capable of delivering, from a liquid
                                             follows:                                                agents with a germicidal effect.                      suspension, an initial droplet ‘VMD’ of less
                                                a.2.a. Double-door pass-through                      ‘‘Disinfection’’ and ‘‘sterilization’’ are            than 50 microns at a flow rate of greater than
                                             decontamination autoclaves;                             distinct from ‘‘sanitization’’, the latter            2 liters per minute;
                                                a.2.b. Breathing air suit decontamination            referring to cleaning procedures designed to             i.2. Spray booms or arrays of ‘aerosol
                                             showers;                                                lower the microbial content of equipment              generating units’, ‘‘specially designed’’ or



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                                             61160        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                             modified for fitting to ‘‘aircraft,’’ ‘‘lighter           subject to the jurisdiction of the                  in manufacturing where they are clearly
                                             than air vehicles,’’ or ‘‘UAVs,’’ capable of              International Traffic in Arms Regulations.          identifiable by mechanical properties,
                                             delivering, from a liquid suspension, an                  (2) See ECCN 0A919 for foreign-made                 material composition, geometry, or function
                                             initial droplet ‘VMD’ of less than 50 microns             ‘‘military commodities’’ that incorporate           as commodities controlled by ECCN 8A609.x
                                             at a flow rate of greater than 2 liters per               more than a de minimis amount of U.S.-              are controlled by ECCN 8A609.x.
                                             minute;                                                   origin ‘‘600 series’’ controlled content. (3)
                                                i.3. ‘Aerosol generating units’ ‘‘specially            For controls on diesel engines and electric            Note 2: ‘‘Parts,’’ ‘‘components,’’
                                             designed’’ for fitting to the systems specified           motors that are ‘‘subject to the EAR’’ for          ‘‘accessories’’ and ‘‘attachments’’ specified in
                                             in paragraphs i.1 or i.2 of this ECCN.                    surface vessels of war ‘‘subject to the EAR’’       USML subcategory VI(f) are subject to the
                                                Technical Notes:                                       or ‘‘subject to the ITAR,’’ see ECCN                controls of that paragraph. ‘‘Parts,’’
                                                1. ‘Aerosol generating units’ are devices              8A992.g. For diesel engines and electric            ‘‘components,’’ ‘‘accessories,’’ and
                                             ‘‘specially designed’’ or modified for fitting            motors for surface vessels of war ‘‘subject         ‘‘attachments’’ specified in ECCN 8A609.y
                                             to ‘‘aircraft’’ and include nozzles, rotary               to the ITAR,’’ see 22 CFR part 121,                 are subject to the controls of that paragraph.
                                             drum atomizers and similar devices.                       Category VI(c) for parts, components,                  y. Specific ‘‘parts,’’ ‘‘components,’’
                                                2. This ECCN does not control spraying or              accessories, and attachments, ‘‘specially
                                                                                                                                                           ‘‘accessories’’ and ‘‘attachments’’ ‘‘specially
                                             fogging systems, ‘‘parts’’ and ‘‘components,’’            designed’’ for developmental vessels
                                                                                                                                                           designed’’ for a commodity subject to control
                                             as specified in 2B352.i, that are demonstrated            funded by the Department of Defense via
                                                                                                       contract or other funding authorization. (4)        in this ECCN or for a defense article in USML
                                             not to be capable of delivering biological
                                                                                                       For controls on military gas turbine                Category VI and not elsewhere specified in
                                             agents in the form of infectious aerosols.
                                                                                                       engines and related items for vessels of            the USML, as follows, and ‘‘parts,’’
                                                3. Volume Median Diameter ‘VMD’ for
                                             droplets produced by spray equipment or                   war, see ECCN 9A619.                                ‘‘components,’’ ‘‘accessories,’’ and
                                             nozzles ‘‘specially designed’’ for use on                 Related Definitions: N/A                            ‘‘attachments’’ ‘‘specially designed’’ therefor:
                                             ‘‘aircraft’’ or ‘‘UAVs’’ should be measured               Items:                                                 y.1. Public address (PA) systems;
                                             using either of the following methods                     a. Surface vessels of war ‘‘specially                  y.2. Filters and filter assemblies, hoses,
                                             (pending the adoption of internationally                designed’’ for a military use and not                 lines, fittings, couplings, and brackets for
                                             accepted standards):                                    enumerated or otherwise described in the              pneumatic, hydraulic, oil and fuel systems;
                                                a. Doppler ‘‘laser’’ method,                         USML.                                                    y.3. Galleys;
                                                b. Forward ‘‘laser’’ diffraction method.               Note 1: 8A609.a includes: (i) Underway                 y.4. Lavatories;
                                             ■ 16. In supplement No. 1 to part 774,                  replenishment ships; (ii) surface vessel and             y.5. Magnetic compass, magnetic azimuth
                                                                                                     submarine tender and repair ships, except             detector;
                                             Category 8, ECCN 8A609 is revised to
                                                                                                     vessels that are ‘‘specially designed’’ to               y.6. Medical facilities;
                                             read as follows:                                                                                                 y.7. Potable water tanks, filters, valves,
                                                                                                     support naval nuclear propulsion plants; (iii)
                                             8A609 Surface vessels of war and related                non-submersible submarine rescue ships; (iv)          hoses, lines, fittings, couplings, and brackets;
                                             commodities (see List of Items Controlled)              other auxiliaries (e.g., AGDS, AGF, AGM,                 y.8. Panel knobs, indicators, switches,
                                                                                                     AGOR, AGOS, AH, AP, ARL, AVB, AVM,                    buttons, and dials whether unfiltered or
                                             License Requirements
                                                                                                     and AVT); (v) amphibious warfare craft,               filtered for use with night vision imaging
                                             Reason for Control: NS, RS, AT, UN                      except those that are armed; and (vi)                 systems;
                                                                                                     unarmored and unarmed coastal, patrol,                   y.9. Emergency lighting;
                                                                          Country Chart (See         roadstead, and Coast Guard and other patrol              y.10. Gauges and indicators;
                                                    Control(s)            Supp. No. 1 to part        craft with mounts or hard points for firearms            y.11. Audio selector panels.
                                                                                 738)                of .50 caliber or less.
                                                                                                        Note 2: For purposes of paragraph .a,
                                                                                                                                                           ■ 17. In supplement No. 1 to part 774,
                                             NS applies to entire       NS Column 1
                                               entry, except                                         surface vessels of war includes vessels               Category 9, ECCN 9A610 is revised to
                                               8A609.y.                                              ‘‘specially designed’’ for military use that are      read as follows.
                                             RS applies to entire       RS Column 1                  not identified in paragraph (a) of ITAR
                                               entry, except                                         § 121.15, including any demilitarized vessels,        9A610 Military aircraft and related
                                               8A609.y.                                              regardless of origin or designation,                  commodities, other than those enumerated
                                             AT applies to entire       AT Column 1                  manufactured prior to 1950 and that have not          in 9A991.a (see List of Items Controlled)
                                               entry.                                                been modified since 1949. For purposes of             License Requirements
                                             UN applies to entire       See § 746.1(b) for UN        this note, the term modified does not include
                                               entry, except              controls                   incorporation of safety features required by          Reason for Control: NS, RS, MT, AT, UN
                                               8A609.y.                                              law, cosmetic changes (e.g., different paint),
                                                                                                     or the addition of ‘‘parts’’ or ‘‘components’’                                   Country Chart (See
                                             List Based License Exceptions (See Part 740             available prior to 1950.                                       Control(s)        Supp. No. 1 to part
                                             for a description of all license exceptions)                                                                                                    738)
                                                                                                        b. Non-magnetic diesel engines with a
                                             LVS: $1500                                              power output of 50 hp or more and either of
                                             GBS: N/A                                                                                                      NS applies to entire      NS Column 1
                                                                                                     the following:                                          entry except:
                                             CIV: N/A                                                   b.1. Non-magnetic content exceeding 25%            9A610.b; parts and
                                             Special Conditions for STA                              of total weight; or                                     components con-
                                                                                                        b.2. Non-magnetic parts other than                   trolled in 9A610.x if
                                             STA: (1) Paragraph (c)(1) of License
                                                                                                     crankcase, block, head, pistons, covers, end            being exported or
                                               Exception STA (§ 740.20(c)(1) of the EAR)
                                                                                                     plates, valve facings, gaskets, and fuel,               reexported for use
                                               may not be used for any item in 8A609.a,
                                                                                                     lubrication and other supply lines.                     in an aircraft con-
                                               unless determined by BIS to be eligible for
                                                                                                        c. through w. [RESERVED]                             trolled in 9A610.b;
                                               License Exception STA in accordance with
                                                                                                        x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’        and 9A610.y.
                                               § 740.20(g) (License Exception STA
                                               eligibility requests for 9x515 and ‘‘600              and ‘‘attachments’’ that are ‘‘specially              RS applies to entire      RS Column 1
                                               series’’ items).                                      designed’’ for a commodity enumerated or                entry except:
                                                                                                     otherwise described in ECCN 8A609 (except             9A610.b; parts and
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                                             List of Items Controlled                                for 8A609.y) or a defense article enumerated            components con-
                                             Related Controls: (1) Surface vessels of war            or otherwise described in USML Category VI              trolled in 9A610.x if
                                               and special naval equipment, and technical            and not specified elsewhere on the USML, in             being exported or
                                               data (including software), and services               8A609.y or 3A611.y.                                     reexported for use
                                               directly related thereto, described in 22                Note 1: Forgings, castings, and other                in an aircraft con-
                                               CFR part 121, Category VI, Surface Vessels            unfinished products, such as extrusions and             trolled in 9A610.b;
                                               of War and Special Naval Equipment, are               machined bodies, that have reached a stage              and 9A610.y.



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                                                          Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations                                               61161

                                                                          Country Chart (See         standards of a Wassenaar Arrangement                  drones controlled by either USML paragraph
                                                    Control(s)            Supp. No. 1 to part        Participating State; and                              VIII(a) or ECCN 9A610.a. that are not capable
                                                                                 738)                   c. Do not incorporate weapons enumerated           of delivering at least 500 kilograms payload
                                                                                                     or otherwise described on the U.S. Munitions          to a range of at least 300 km are controlled
                                             MT applies to              MT Column 1                  List, unless inoperable and incapable of              in paragraph .x of this entry.
                                               9A610.t, .u, .v, and                                  being returned to operation.                             w. Pneumatic hydraulic, mechanical,
                                               .w.                                                      b. L–100 aircraft manufactured prior to            electro-optical, or electromechanical flight
                                             AT applies to entire       AT Column 1                  2013.                                                 control systems (including fly-by-wire and
                                               entry.                                                   c.–d. [Reserved]                                   fly-by-light systems) and attitude control
                                             UN applies to entire       See § 746.1(b) for UN           e. Mobile aircraft arresting and engagement        equipment designed or modified for UAVs or
                                               entry except               controls                   runway systems for aircraft controlled by             drones controlled by either USML paragraph
                                               9A610.y.                                              either USML Category VIII(a) or ECCN                  VIII(a) or ECCN 9A610.a., and capable of
                                                                                                     9A610.a.                                              delivering at least 500 kilograms payload to
                                             List Based License Exceptions (See Part 740
                                                                                                        f. Pressure refueling equipment and                a range of at least 300 km.
                                             for a description of all license exceptions)
                                                                                                     equipment that facilitates operations in                 Note to paragraph .w: Pneumatic,
                                             LVS: $1500                                              confined areas, ‘‘specially designed’’ for            hydraulic, mechanical, electro-optical, or
                                             GBS: N/A                                                aircraft controlled by either USML paragraph          electromechanical flight control systems
                                             CIV: N/A                                                VIII(a) or ECCN 9A610.a.                              (including fly-by-wire and fly-by-light
                                                                                                        g. Aircrew life support equipment, aircrew         systems) and attitude control equipment
                                             Special Conditions For STA
                                                                                                     safety equipment and other devices for                designed or modified for UAVs or drones
                                             STA: (1) Paragraph (c)(1) of License                    emergency escape from aircraft controlled by          controlled by either USML paragraph VIII(a)
                                               Exception STA (§ 740.20(c)(1) of the EAR)             either USML paragraph VIII(a) or ECCN                 or ECCN 9A610.a., not capable of delivering
                                               may not be used for any item in 9A610.a               9A610.a.                                              at least 500 kilograms payload to a range of
                                               (i.e., ‘‘end item’’ military aircraft), unless           h. Parachutes, paragliders, complete               at least 300 km are controlled in paragraph
                                               determined by BIS to be eligible for                  parachute canopies, harnesses, platforms,             .x of this entry.
                                               License Exception STA in accordance with              electronic release mechanisms, ‘‘specially
                                               § 740.20(g) (License Exception STA                    designed’’ for use with aircraft controlled by           x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
                                               eligibility requests for 9x515 and ‘‘600              either USML paragraph VIII(a) or ECCN                 and ‘‘attachments’’ that are ‘‘specially
                                               series’’ items). (2) Paragraph (c)(2) of              9A610.a, and ‘‘equipment’’ ‘‘specially                designed’’ for a commodity enumerated or
                                               License Exception STA (§ 740.20(c)(2) of              designed’’ for military high altitude                 otherwise described in ECCN 9A610 (except
                                               the EAR) may not be used for any item in              parachutists, such as suits, special helmets,         for 9A610.y) or a defense article enumerated
                                               9A610.                                                breathing systems, and navigation                     or otherwise described in USML Category
                                                                                                     equipment.                                            VIII and not elsewhere specified on the
                                             List of Items Controlled                                                                                      USML or in 9A610.y, 9A619.y, or 3A611.y.
                                                                                                        i. Controlled opening equipment or
                                             Related Controls: (1) Military aircraft and             automatic piloting systems, designed for                 y. Specific ‘‘parts,’’ ‘‘components,’’
                                                related articles that are enumerated in              parachuted loads.                                     ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
                                                USML Category VIII, and technical data                  j. Ground effect machines (GEMS),                  designed’’ for a commodity subject to control
                                                (including software) directly related                including surface effect machines and air             in this entry, ECCN 9A619, or for a defense
                                                thereto, are subject to the ITAR. (2) See            cushion vehicles, ‘‘specially designed’’ for          article in USML Categories VIII or XIX and
                                                ECCN 0A919 for controls on foreign-made              use by a military.                                    not elsewhere specified in the USML or the
                                                ‘‘military commodities’’ that incorporate               k. through s. [Reserved]                           CCL, and other aircraft commodities
                                                more than a de minimis amount of U.S.-                  t. Composite structures, laminates, and            ‘‘specially designed’’ for a military use, as
                                                origin ‘‘600 series’’ controlled content. (3)        manufactures thereof ‘‘specially designed’’           follows, and ‘‘parts,’’ ‘‘components,’’
                                                See USML Category XIX and ECCN 9A619                 for unmanned aerial vehicles controlled               ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
                                                for controls on military aircraft gas turbine        under USML Category VIII(a) with a range              designed’’ therefor:
                                                engines and related items.                           equal to or greater than 300 km.                         y.1. Aircraft tires;
                                             Related Definitions: In paragraph .y of this               Note to paragraph .t: Composite structures,           y.2. Analog gauges and indicators;
                                                entry, the term ‘fluid’ includes liquids and         laminates, and manufactures thereof                      y.3. Audio selector panels;
                                                gases.                                               ‘‘specially designed’’ for unmanned aerial               y.4. Check valves for hydraulic and
                                             Items:                                                  vehicles controlled under USML Category               pneumatic systems;
                                                a. ‘Military Aircraft’ ‘‘specially designed’’        VIII(a) with a maximum range less than 300               y.5. Crew rest equipment;
                                             for a military use that are not enumerated in           km are controlled in paragraph .x of this                y.6. Ejection seat mounted survival aids;
                                             USML paragraph VIII(a).                                 entry.                                                   y.7. Energy dissipating pads for cargo (for
                                                                                                                                                           pads made from paper or cardboard);
                                                Note 1: For purposes of paragraph .a the                u. Apparatus and devices ‘‘specially
                                                                                                                                                              y.8. Fluid filters and filter assemblies;
                                             term ‘military aircraft’ means the LM–100J              designed’’ for the handling, control,
                                                                                                                                                              y.9. Galleys;
                                             aircraft and any aircraft ‘‘specially designed’’        activation and non-ship-based launching of
                                                                                                                                                              y.10. Fluid hoses, straight and unbent lines
                                             for a military use that are not enumerated in           UAVs or drones controlled by either USML
                                                                                                     paragraph VIII(a) or ECCN 9A610.a, and                (for a commodity subject to control in this
                                             USML paragraph VIII(a). The term includes:                                                                    entry or defense article in USML Category
                                             Trainer aircraft; cargo aircraft; utility fixed         capable of a range equal to or greater than
                                                                                                     300 km.                                               VIII), and fittings, couplings, clamps (for a
                                             wing aircraft; military helicopters;                                                                          commodity subject to control in this entry or
                                             observation aircraft; military non-expansive               Note to paragraph .u: Apparatus and                defense article in USML Category VIII) and
                                             balloons and other lighter than air aircraft;           devices ‘‘specially designed’’ for the                brackets therefor;
                                             and unarmed military aircraft, regardless of            handling, control, activation and non-ship-              y.11. Lavatories;
                                             origin or designation. Aircraft with                    based launching of UAVs or drones                        y.12. Life rafts;
                                             modifications made to incorporate safety of             controlled by either USML paragraph VIII(a)              y.13. Magnetic compass, magnetic azimuth
                                             flight features or other FAA or NTSB                    or ECCN 9A610.a with a maximum range less             detector;
                                             modifications such as transponders and air              than 300 km are controlled in paragraph .x               y.14. Medical litter provisions;
                                             data recorders are ‘‘unmodified’’ for the               of this entry.                                           y.15. Cockpit or cabin mirrors;
                                             purposes of this paragraph .a.                             v. Radar altimeters designed or modified              y.16. Passenger seats including palletized
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                                               Note 2: 9A610.a does not control ‘military            for use in UAVs or drones controlled by               seats;
                                             aircraft’ that:                                         either USML paragraph VIII(a) or ECCN                    y.17. Potable water storage systems;
                                               a. Were first manufactured before 1946;               9A610.a., and capable of delivering at least             y.18. Public address (PA) systems;
                                               b. Do not incorporate defense articles                500 kilograms payload to a range of at least             y.19. Steel brake wear pads (does not
                                             enumerated or otherwise described on the                300 km.                                               include sintered mix or carbon/carbon
                                             U.S. Munitions List, unless the items are                  Note to paragraph .v: Radar altimeters             materials);
                                             required to meet safety or airworthiness                designed or modified for use in UAVs or                  y.20. Underwater locator beacons;



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                                             61162        Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations

                                                y.21. Urine collection bags/pads/cups/               DATES: This order is effective December               process by adding a second procedure
                                             pumps;                                                  27, 2017. The classification was                      (Pub. L. 112–144). A device sponsor
                                                y.22. Windshield washer and wiper                    applicable on November 19, 2013.                      may utilize either procedure for De
                                             systems;
                                                                                                     FOR FURTHER INFORMATION CONTACT:                      Novo classification.
                                                y.23. Filtered and unfiltered panel knobs,
                                             indicators, switches, buttons, and dials;               Steven Tjoe, Center for Devices and                      Under the first procedure, the person
                                                y.24. Lead-acid and Nickel-Cadmium                   Radiological Health, Food and Drug                    submits a 510(k) for a device that has
                                             batteries;                                              Administration, 10903 New Hampshire                   not previously been classified. After
                                                y.25. Propellers, propeller systems, and             Ave., Bldg. 66, Rm. 4550, Silver Spring,              receiving an order from FDA classifying
                                             propeller blades used with reciprocating                MD 20993–0002, 301–796–5866,                          the device into class III under section
                                             engines;                                                                                                      513(f)(1) of the FD&C Act, the person
                                                y.26. Fire extinguishers;
                                                                                                     steven.tjoe@fda.hhs.gov.
                                                                                                                                                           then requests a classification under
                                                y.27. Flame and smoke/CO2 detectors;                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                           section 513(f)(2).
                                                y.28. Map cases;                                                                                              Under the second procedure, rather
                                                y.29. ‘Military Aircraft’ that were first            I. Background
                                             manufactured from 1946 to 1955 that do not
                                                                                                                                                           than first submitting a 510(k) and then
                                                                                                       Upon request, FDA has classified the
                                             incorporate defense articles enumerated or                                                                    a request for classification, if the person
                                                                                                     reagents for molecular diagnostic
                                             otherwise described on the U.S. Munitions                                                                     determines that there is no legally
                                                                                                     instrument test systems as class I
                                             List, unless the items are required to meet                                                                   marketed device upon which to base a
                                                                                                     (general controls), which we have                     determination of substantial
                                             safety or airworthiness standards of a
                                             Wassenaar Arrangement Participating State;              determined will provide a reasonable                  equivalence, that person requests a
                                             and do not incorporate weapons enumerated               assurance of safety and effectiveness. In             classification under section 513(f)(2) of
                                             or otherwise described on the U.S. Munitions            addition, we believe this action will                 the FD&C Act.
                                             List, unless inoperable and incapable of                enhance patients’ access to beneficial                   Under either procedure for De Novo
                                             being returned to operation;                            innovation, in part by reducing                       classification, FDA is required to
                                                y.30. ‘‘Parts,’’ ‘‘components,’’                     regulatory burdens by placing the
                                             ‘‘accessories,’’ and ‘‘attachments,’’ other than                                                              classify the device by written order
                                                                                                     device into a lower device class than the             within 120 days. The classification will
                                             electronic items or navigation equipment, for
                                                                                                     automatic class III assignment.                       be according to the criteria under
                                             use in or with a commodity controlled by
                                             ECCN 9A610.h;                                             The automatic assignment of class III               section 513(a)(1) of the FD&C Act.
                                                y.31. Identification plates and nameplates;          occurs by operation of law and without                Although the device was automatically
                                             and                                                     any action by FDA, regardless of the                  placed within class III, the De Novo
                                                y.32. Fluid manifolds.                               level of risk posed by the new device.                classification is considered to be the
                                               Dated: December 18, 2017.                             Any device that was not in commercial                 initial classification of the device.
                                             Richard E. Ashooh,
                                                                                                     distribution before May 28, 1976, is                     We believe this De Novo classification
                                                                                                     automatically classified as, and remains              will enhance patients’ access to
                                             Assistant Secretary for Export
                                             Administration.
                                                                                                     within, class III and requires premarket              beneficial innovation, in part by
                                                                                                     approval unless and until FDA takes an                reducing regulatory burdens. When FDA
                                             [FR Doc. 2017–27616 Filed 12–26–17; 8:45 am]
                                                                                                     action to classify or reclassify the device           classifies a device into class I or II via
                                             BILLING CODE 3510–33–P
                                                                                                     (see 21 U.S.C. 360c(f)(1)). We refer to               the De Novo process, the device can
                                                                                                     these devices as ‘‘postamendments                     serve as a predicate for future devices of
                                                                                                     devices’’ because they were not in                    that type, including for 510(k)s (see 21
                                             DEPARTMENT OF HEALTH AND                                commercial distribution prior to the
                                             HUMAN SERVICES                                                                                                U.S.C. 360c(f)(2)(B)(i)). As a result, other
                                                                                                     date of enactment of the Medical Device               device sponsors do not have to submit
                                                                                                     Amendments of 1976, which amended                     a De Novo request or premarket
                                             Food and Drug Administration
                                                                                                     the Federal Food, Drug, and Cosmetic                  approval application in order to market
                                                                                                     Act (FD&C Act).                                       a substantially equivalent device (see 21
                                             21 CFR Part 862
                                                                                                       FDA may take a variety of actions in                U.S.C. 360c(i), defining ‘‘substantial
                                             [Docket No. FDA–2017–N–6593]                            appropriate circumstances to classify or              equivalence’’). Instead, sponsors can use
                                                                                                     reclassify a device into class I or II. We            the less-burdensome 510(k) process,
                                             Medical Devices; Clinical Chemistry                     may issue an order finding a new device
                                             and Clinical Toxicology Devices;                                                                              when necessary, to market their device.
                                                                                                     to be substantially equivalent under
                                             Classification of the Reagents for                      section 513(i) of the FD&C Act (21                    II. De Novo Classification
                                             Molecular Diagnostic Instrument Test                    U.S.C. 360c(i)) to a predicate device that               On October 4, 2013, Illumina, Inc.,
                                             Systems                                                 does not require premarket approval.                  submitted a request for De Novo
                                             AGENCY:    Food and Drug Administration,                We determine whether a new device is                  classification of the MiSeqDx Universal
                                             HHS.                                                    substantially equivalent to a predicate               Kit 1.0. FDA reviewed the request in
                                             ACTION:   Final order.                                  by means of the procedures for                        order to classify the device under the
                                                                                                     premarket notification under section                  criteria for classification set forth in
                                             SUMMARY:   The Food and Drug                            510(k) of the FD&C Act (21 U.S.C.                     section 513(a)(1) of the FD&C Act.
                                             Administration (FDA or we) is                           360(k)) and part 807 (21 CFR part 807).                  We classify devices into class I if
                                             classifying the reagents for molecular                    FDA may also classify a device                      general controls are sufficient to provide
                                             diagnostic instrument test systems into                 through ‘‘De Novo’’ classification, a                 reasonable assurance of the safety and
                                             class I (general controls). We are taking               common name for the process                           effectiveness of the device for its
                                             this action because we have determined                  authorized under section 513(f)(2) of the             intended use (see 21 U.S.C.
                                             that classifying the device into class I                FD&C Act. Section 207 of the Food and                 360c(a)(1)(A)). After review of the
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                                             (general controls) will provide a                       Drug Administration Modernization Act                 information submitted in the request,
                                             reasonable assurance of safety and                      of 1997 established the first procedure               we determined that the device can be
                                             effectiveness of the device. We believe                 for De Novo classification (Pub. L. 105–              classified into class I. FDA has
                                             this action will also enhance patients’                 115). Section 607 of the Food and Drug                determined that general controls will
                                             access to beneficial innovative devices,                Administration Safety and Innovation                  provide reasonable assurance of the
                                             in part by reducing regulatory burdens.                 Act modified the De Novo application                  safety and effectiveness of the device.


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Document Created: 2017-12-27 02:22:58
Document Modified: 2017-12-27 02:22:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; correcting amendments.
DatesThis rule is effective December 27, 2017.
ContactIvan Mogensen, Office of Exporter Services, Bureau of Industry and Security, by telephone: (202) 482-2440 or email: [email protected]
FR Citation82 FR 61153 
RIN Number0694-AH31
CFR Citation15 CFR 732
15 CFR 734
15 CFR 738
15 CFR 740
15 CFR 746
15 CFR 774
CFR AssociatedAdministrative Practice and Procedure; Exports; Reporting and Recordkeeping Requirements; Inventions and Patents; Research and Science and Technology

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