83 FR 44216 - Revisions to the Export Administration Regulations Based on the 2017 Missile Technology Control Regime Plenary Agreements
DEPARTMENT OF COMMERCE
Bureau of Industry and Security Federal Register Volume 83, Issue 169 (August 30, 2018)
Bureau of Industry and Security
Federal Register Volume 83, Issue 169 (August 30, 2018)
| Page Range | 44216-44228 | |
| FR Document | 2018-18849 |
[Federal Register Volume 83, Number 169 (Thursday, August 30, 2018)] [Rules and Regulations] [Pages 44216-44228] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-18849] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of Industry and Security 15 CFR Part 774 [Docket No. 170906871-7871-01] RIN 0694-AH46 Revisions to the Export Administration Regulations Based on the 2017 Missile Technology Control Regime Plenary Agreements AGENCY: Bureau of Industry and Security, Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Industry and Security (BIS) is amending the Export Administration Regulations (EAR) to reflect changes to the Missile Technology Control Regime (MTCR) Annex that were agreed to by MTCR member countries at the October 2017 Plenary in Dublin, Ireland, and the May 2017 Technical Experts Meeting (TEM) in Stockholm, Sweden. This final rule revises seventeen Export Control Classification Numbers (ECCNs) to implement the changes that were agreed to at the meetings and to better align the missile technology (MT) controls on the Commerce Control List (CCL) with the MTCR Annex. DATES: This rule is effective August 30, 2018. FOR FURTHER INFORMATION CONTACT: Sharon Bragonje, Nuclear and Missile Technology Controls Division, Bureau of Industry and Security, Phone: (202) 482-0434; Email: [email protected]. SUPPLEMENTARY INFORMATION: Background The Missile Technology Control Regime (MTCR or Regime) is an export control arrangement among 35 nations, including most of the world's suppliers of advanced missiles and missile-related equipment, materials, software and technology. The regime establishes a common list of controlled items (the Annex) and a common export control policy (the Guidelines) that member countries implement in accordance with their national export controls. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction by controlling exports of goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for such weapons. In 1993, the MTCR's original focus on missiles for nuclear weapons delivery was expanded to include the proliferation of missiles for the delivery of all types of weapons of mass destruction (WMD), i.e., nuclear, chemical and biological weapons. Such proliferation has been identified as a threat to international peace and security. One way to address this threat is to maintain vigilance over the transfer of missile equipment, material, and related technologies usable for systems capable of delivering WMD. MTCR members voluntarily pledge to adopt the Regime's export Guidelines and to restrict the export of items contained in the Regime's Annex. The Regime's Guidelines are implemented through the national export control laws, regulations and policies of the regime members. Amendments to the Export Administration Regulations (EAR) This final rule revises the Export Administration Regulations (EAR) to reflect changes to the MTCR Annex agreed to at the October 2017 Plenary in Dublin, Ireland, and changes resulting from the May 2017 Technical Experts Meeting (TEM) in Stockholm, Sweden. References are provided below for the MTCR Annex changes agreed to at the meetings that correspond to the EAR revisions described below. This rule also makes changes to the Commerce Control List (CCL) (Supplement No. 1 to part 774 of the EAR) to conform with the MTCR Annex. All of the changes in this final rule align the MT controls on the CCL with the MTCR Annex. In the discussion below, BIS identifies the origin of each change in the regulatory text of this final rule by using one the following parenthetical phrases: (Dublin 2017 Plenary), (Stockholm 2017 TEM), or (Changes to Align with MTCR Annex). Amendments to the Commerce Control List (CCL) This final rule amends the CCL to reflect changes to the MTCR Annex by amending seventeen ECCNs, as follows: ECCN 1B117. This final rule amends ECCN 1B117 by revising the heading to remove the criteria for which ``batch mixers'' are controlled under this entry and moves the criteria to the new ``items'' paragraphs a and b in the List of Items Controlled section. This final rule, as a conforming change, redesignates existing ``items'' paragraphs a and b as paragraphs c and d (including redesignating the Note to paragraph b as Note to paragraph d), respectively, so that all criteria that identify ``batch mixers'' that are controlled under ECCN 1B117 are in the List of Items Controlled section. These changes involving the rearranging of the existing text are being made for clarity and consistency within the MTCR Annex (MTCR Annex Change, Category II: Item 4.B.3., Dublin 2017 Plenary). These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 1B118. This final rule amends ECCN 1B118 by revising the heading to remove the criteria for which ``continuous mixers'' are controlled under 1B118 and adds those criteria to the ``items'' paragraph in the List of Items Controlled section. This final rule revises ``items'' paragraphs a and b to include the control criteria that identify certain ``continuous mixers'' that are controlled under ECCN 1B118. This final rule, as a conforming change, also redesignates existing ``items'' paragraph b as paragraph c, which includes criteria that identify other ``continuous mixers'' that are controlled under ECCN 1B118. The changes to paragraph b, which this rule redesignates as ``items'' paragraph c.2, include making minor edits for clarity of the control parameters to more clearly identify the shafts controlled (MTCR Annex Change, Category II: Item 4.B.3.a., Dublin 2017 Plenary). These changes involving the rearranging of the existing text are being made for clarity and consistency within the MTCR Annex. These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 1C111. This final rule amends ECCN 1C111 by revising ``items'' paragraph a.1 in the List of Items Controlled section. In ``items'' paragraph a.1, this final rule removes the word ``percent'' and adds in its place the ``%'' sign in the phrase ``if at least 10 percent of the total weight.'' This change is being made for consistency with the MTCR Annex (Changes to Align with MTCR Annex). This is a clarification and will not change any scope of control. This change is not expected to have any impact on the number of license applications received by BIS. [[Page 44217]] ECCN 1C118. This final rule amends ECCN 1C118 by revising ``items'' paragraphs a.1, a.2, and a.3 in the List of Items Controlled section. In ``items'' paragraphs a.1 and a.2, this final rule removes the phrase ``weight percent'' and adds in its place the phrase ``% by weight.'' In ``items'' paragraph a.3, this final rule removes the phrase ``percent is austenite'' and adds in its place the ``%'' sign and for clarity moves the phrase ``is austenite'' to the end of the paragraph. These changes involving the rearranging of the existing text are being made for clarity and consistency with the MTCR Annex (MTCR Annex Change, Category II: Item 6.C.9., Dublin 2017 Plenary). This is a clarification and will not change any scope of control. These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 2B109. This final rule amends ECCN 2B109 by revising the heading, revising ``items'' paragraphs a and b in the List of Items Controlled section, and removing Technical Note 2 in the List of Items Controlled section. This final rule revises the introductory text of ``items'' paragraph a to incorporate the text from Technical Note 2 into the paragraph, creating positive and specific control text to identify the types of ``flow-forming machines'' that are controlled under ECCN 2B109. Only ``flow-forming machines'' that are usable in the ``production'' of propulsion components and equipment (e.g., motor cases and interstages) for ``missiles'' will be controlled under ECCN 2B109. This rule includes a parenthetical phrase to provide two examples of the types of propulsion components and equipment being referenced in ECCN 2B109.a. This final rule also revises ``items'' paragraphs a.1 and a.2 to make minor clarifications in the control parameters. This final rule revises ``items'' paragraph a.1 to add the phrase ``equipped with or'' according to the manufacturer's technical specification, and removes the phrase ``can be'' and adds in its places the phrase ``capable of being'' equipped. This final rule removes the word ``have'' from the beginning of ``items'' paragraph a.2 because the introductory text of paragraph a already includes this word, so it is redundant in a.2. The final rule removes Technical Note 2 because the substance of this technical note is added to ``items'' paragraph a, which means the technical note is no longer needed. This final rule rewords the substance of Technical Note 2 added to the introductory text of ``items'' paragraph a for clarity and to remove the double negative (MTCR Annex Change, Category II: Item 3.B.3., Dublin 2017 Plenary). In ECCN 2B109, this final rule revises the heading by removing the phrase ``and ``specially designed'' ``parts'' and ``components'' therefor.'' As a conforming change this final rule revises ``items'' paragraph b to add ``parts'' to the scope of this paragraph. These changes to the heading and ``items'' paragraph b do not change the scope of the ECCN, but rather clarify the intended scope of ECCN 2B109. This final rule corrects ``items'' paragraph b, so that an MT control on ``parts'' and ``components'' applies only to 2B009 machines that are controlled for MT reasons. The control text in the heading referring to ``parts'' and ``components'' is not needed, provided conforming edits were made to add ``parts'' to the scope of ``items'' paragraph b, which controlled ``components'' prior to publication of this final rule. This final rule also revises the heading to add the phrase ``as follows (see List of Items Controlled)'' to reflect that this ECCN includes an ``items'' paragraph (Changes to Align with MTCR Annex). These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 2B120. This final rule amends the heading of ECCN 2B120 by revising ``items'' paragraph a in the List of Items Controlled section to move the phrase ``or more'' to precede the term ``axes.'' The phrase ``two or more axes'' is clearer and more consistent within the MTCR Annex. The motion simulators and rate tables controlled under ``items'' paragraph a are those with two or more axes (MTCR Annex Change, Category I: Item 9.B.2.c, Dublin 2017 Plenary). These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 2B121. Similar to the change described above to ECCN 2B120, this final rule amends ECCN 2B121 by revising ``items'' paragraph a in the List of Items Controlled section to move the phrase ``or more'' to precede the term ``axes.'' The phrase ``two or more axes'' is clearer and more consistent within the MTCR Annex. The positioning tables controlled under ``items'' paragraph a are those with two or more axes (MTCR Annex Change, Category II: Item 9.B.2.d., Dublin 2017 Plenary). These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 2B122. This final rule amends ECCN 2B122 by revising the heading to remove the word ``above'' and add in its place the phrase ``greater than'' to clarify that centrifuges capable of imparting accelerations ``greater than'' 100 g are those that meet this portion of the control parameter. The word ``above'' also conveys the same meaning, but the phrase ``greater than'' is clearer and more consistent within the MTCR Annex (MTCR Annex Change, Category II: Item 9.B.2.e., Dublin 2017 Plenary). These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 6A107. This final rule amends ECCN 6A107 by adding a definition of 'Time to steady-state registration' to the Related Definitions paragraph in the List of Items Controlled section. As a conforming change, this final rule also revises the ``items'' paragraph a.2 in the List of Items Controlled section of ECCN 6A107 to add single quotation marks around the term 'time to steady-state registration' to indicate the term is defined for purposes of this ECCN under the Related Definitions paragraph (MTCR Annex Change, Category II: Item 12.A.3.a.2. Technical Note, Stockholm 2017 TEM). These changes are not expected to have any impact on the number of license applications received by BIS. ECCN 7A105. This final rule amends ECCN 7A105 by revising the heading and the Related Definitions paragraph. This final rule revises the heading of ECCN 7A105 to remove the phrase ``Global Navigation Satellite Systems (GNSS),'' including the parenthetical phrase with examples of GNSS, and adds in its place the term 'navigation satellite systems.' This final rule amends ECCN 7A105 by adding a definition of 'Navigation satellite systems' to the Related Definitions paragraph in the List of Items Controlled section to define this term for purposes of this ECCN. The new definition of 'navigation satellite systems' specifies that these systems include global navigation satellite systems (GNSS) and regional navigation satellite systems (RNSS) and provides an illustrative list of such (GNSS, RNSS) systems (MTCR Annex Change, Category II: Item 11.A.3., Stockholm 2017 TEM and Dublin 2017 Plenary). These changes to ECCN 7A105 are being made in this final rule because the MTCR Annex entry that addresses receiving equipment for navigation satellite systems has been expanded to include regional navigation satellite systems, as well as listing the Chinese system ``BeiDou'' in the examples of GNSS. To accomplish this, as described above, this final rule in ECCN 7A105 adds a local definition of 'navigation satellite systems,' with expanded examples, to the Related Definitions paragraph in the List of Items Controlled. ECCN 7A105 does not [[Page 44218]] encompass all of the commodities specified under the MTCR Annex, Category II, Item 11.A.3 entry, because some of those commodities are ``subject to the ITAR.'' The existing Related Controls paragraph (2) in ECCN 7A105, as well as the Commerce Control List Order of Review in Supplement No. 4 to part 774 of the EAR already provides guidance on this, so no additional changes are needed in this rule to address that issue. This change is expected to result in an increase of one or fewer applications received annually by BIS, because of the generally low number of such items exported. ECCN 7A107. This final rule amends ECCN 7A107 by revising ``items'' paragraph b in the List of Items Controlled section by removing the phrase ``capable of providing'' at the beginning of the paragraph. The phrase is not needed in order to convey the meaning of the control parameter and removing the phrase makes the control parameter text more precise. This change is made to conform to this MTCR Annex change. ECCN 7A107.a already reflects changes made in the MTCR Annex, and therefore, that ``items'' paragraph a did not need to be amended in this final rule (MTCR Annex Change, Category II: Item 9.A.8., Dublin 2017 Plenary). This is a clarification and will not change any scope of control. This change is not expected to have any impact on the number of license applications received by BIS. ECCN 7A116. This final rule amends ECCN 7A116 by revising the heading; and adding a License Requirements section, License Exceptions section and List of Items Controlled section (MTCR Annex Change, Category II: Item 10.A., Notes, Dublin 2017 Plenary; and Changes to Align with MTCR Annex). This final rule, in order to fully reflect the commodities specified in the MTCR Annex, Category II: Item 10.A., revises ECCN 7A116 to control items that are not ``subject to the ITAR,'' but that would otherwise meet the description of items in the MTCR Annex, Category II: Item 10.A and the new control parameters this final rule adds to ECCN 7A116. This final rule does this by revising the heading, which includes removing the parenthetical phrase that stated that all items in the heading were ``subject to the ITAR.'' As a conforming change, this final rule adds a Related Controls paragraph (2) to alert people to see United States Munitions List (USML) Category IV for items ``specially designed'' for use in rockets or missiles that are ``subject to the ITAR.'' This final rule also adds a Related Controls paragraph (1) to direct people to also see ECCNs 9A610.r and .s for items designated or modified for military UAVs. This final rule adds a license requirement for MT 1 and AT 1 for these commodities that this rule controls under ECCN 7A116. This final rule adds ``items'' paragraphs a, b, and c to specify the commodities controlled under ECCN 7A116. This final rule, as described below in the changes this final rule makes to ECCN 9A012, removes the control parameters in ``items'' paragraph 9A012.b.5 and adds (moves) those to ECCN 7A116. These changes are appropriate because there are no similar controls in the Wassenaar Arrangement for these commodities that are specified on the MTCR Annex, and under the Commerce Control List Order of Review these items will be appropriately controlled under ECCN 7A116. The commodities this rule moves from 9A012.b.5 will no longer be controlled for national security (NS) reasons, but the commodities will be MT controlled. This final rule also adds a note at the end of the ``items'' paragraph in the List of Items Controlled section of ECCN 7A116 to specify that systems, equipment and valves designed or modified to enable operation of manned aircraft as unmanned aerial vehicles are included within the scope of this ECCN. These changes are not expected to have any impact on the number of license applications received by BIS, because this equipment is not widely used or exported. ECCN 9A012. This final rule amends ECCN 9A012 by revising the ``MT'' paragraph in the table in the License Requirements section and removing the ``items'' paragraph b.5 in the List of Items Controlled section. This final rule revises the MT controls paragraph to remove the term ``Air'' and add in its place ``Aerial'' in the term ``Unmanned Aerial Vehicles (UAVs).'' This change is made to conform to the MTCR Annex and other references in the EAR to UAVs. As a conforming change for the movement of commodities classified in 9A012.b.5, as described above for the changes this final rule makes to ECCN 7A116, this final rule revises the MT controls paragraph in ECCN 9A012 to remove the reference to ``9A012.b'' and add a reference in its place to ECCN 9A120. This final rule also revises the reasons for control in ECCN 9A012 to close a potential gap in the MT controls. If a UAV meets the requirements of ECCN 9A120, it would be controlled for MT reasons. However, as the text was written prior to publication of this final rule, if such a UAV met the requirements of 9A012.a, but did not have the range of 300 km, it would be controlled by 9A012.a and the MT control would no longer apply. For the reasons discussed above regarding the changes to ECCN 7A116, this final rule makes a conforming change to remove ``items'' paragraph b.5 from the List of Items Controlled because these commodities will be controlled under ECCN 7A116 (MTCR Annex Change, Category II: Item 10.A., Notes, Dublin 2017 Plenary). These changes are expected to result in an increase of 1 or fewer applications received annually by BIS, because these are clarifying changes and reflects the current interpretation for where these commodities should be controlled under the EAR. ECCN 9A101. This final rule amends ECCN 9A101 by revising the Related Definitions paragraph, revising ``items'' paragraph a, adding new ``items'' paragraphs a.3 and a.4, and revising ``items'' paragraph b in the List of Items Controlled section. These changes are being made to this entry to limit the control to those engines that are most likely to be used on MTCR controlled cruise missiles and unmanned aerial vehicles, and to remove controls from larger engines that are unlikely to be used on such systems. While larger civil certified engines were already excluded from control under ECCN 9A101, they were still controlled under ECCN 9A101 prior to completing the civil certification process (MTCR Annex Change, Category II: Item 3.A.1.a., Stockholm 2017 TEM). This final rule revises the Related Definitions paragraph by removing the definition of 'maximum thrust value' and adding this definition as part of three new Technical Notes this final rule adds to ``items'' paragraph a in the List of Items Controlled section of ECCN 9A101. This final rule adds the definition of 'maximum thrust value' as Technical Note 1 and adds the phrase ``at sea level static conditions using ICAO standard atmosphere'' to the technical note to add greater specificity on the conditions under which the measurement needs to be taken for purposes of ECCN 9A101. This final rule also adds two new technical notes to ``items'' paragraph a; one for 'dry weight' (Technical Note 2) and a second for 'first-stage rotor diameter' (Technical Note 3). The definition of 'dry weight' in Technical Note 2 provides the criteria for what needs to be included in the measurement and specifies that the measurement should not include the nacelle (housing). The definition of 'first-stage rotor diameter' in Technical Note 3, will provide guidance on how [[Page 44219]] to measure the diameter of the first rotating stage of the engine. The final rule revises the introductory text of ``items'' paragraph a to remove the word ``both'' and add in its place the word ``all.'' This is a conforming change because this rule adds new ``items'' paragraphs a.3 and a.4, and in order to be controlled under ECCN 9A101.a, the engine needs to meet all of the criteria in paragraphs a.1 to a.4. This final rule adds new ``items'' paragraphs a.3 and a.4, to include the criterion of 'dry weight' less than 750 kg as part of the criteria that need to be met for an engine to be controlled under ECCN 9A101.a. This final rule also adds a new ``items'' paragraph a.4 to include the criterion of the ```first-stage rotor diameter' less than 1 m'' as part of the criteria that need to be met for an engine to be controlled under ECCN 9A101.a. This final rule also revises ``items'' paragraph b, which functions as a catch-all for purposes of this ECCN for engines designed or modified for use in ``missiles'' or UAVs with a range equal to or greater than 300 km, to specify paragraph b is not limited by the 'dry weight' or the 'first-stage rotor diameter' of the engine. This final rule also revises paragraph b to add the phrase ``or UAVs with a range equal to or greater than 300 km'' after the term ``missiles.'' The change to add the phrase ``UAVs with a range equal to or greater than 300 km'' is being made for consistency with the MTCR Annex (Changes to Align with MTCR Annex). These changes are expected to result in a decrease of no more than 1 to 3 applications received annually by BIS. ECCN 9A115. This final rule amends ECCN 9A115 by revising the heading; and adding a License Requirements section, License Exceptions section and List of Items Controlled section (Changes to Align with MTCR Annex). This final rule also revises the heading of ECCN 9A115 by removing the parenthetical phrase at the end of the heading that references items controlled in ECCN 9A610 and others that are ``subject to the ITAR.'' The parenthetical phrase was added to ECCN 9A115 in a November 21, 2016 final rule (81 FR 83124). This final rule retains this cross reference between the USML and the CCL, but moves the substance of this text from the heading of ECCN 9A115 to the new Related Controls paragraph added by this rule to the License Requirements section of 9A115. The other changes this final rule makes to ECCN 9A115 are needed because some of the commodities described in the heading of ECCN 9A115 are neither ``subject to the ITAR'' nor controlled in ECCN 9A610.u, but would otherwise meet the control parameters in the heading of ECCN 9A115. Consistent with the CCL Order of Review (See Supplement 4 to part 774), and to align with the MTCR Annex, this rule makes it clear that such commodities are controlled under 9A115. These changes are expected to result in an increase of 1 or fewer applications received annually by BIS, due to the low volume of such items exported. ECCN 9A515. This final rule amends ECCN 9A515 by adding a new ``items'' paragraph h to control spacecraft thrusters for MT reasons. This final rule also revises the ``MT'' paragraph in the table in the License Requirements section to specify that the MT control applies to spacecraft thrusters controlled in 9A515.h when the total impulse capacity is equal to or greater than 8.41x10[and]5. These changes are needed to clarify which of the satellite thrusters are subject to the EAR. On January 10, 2017, Commerce published a final rule (82 FR 2875) that moved these thrusters from the USML to the CCL, and the Department of State published a corresponding rule (82 FR 2889) removing the thrusters from the ITAR. As a consequence of those rules, the public sought clarification from BIS on what items were actually ``subject to the EAR.'' Consistent with the Commerce January 10, 2017 final rule, the Department of State has informed Commerce that it intends to clarify that the existing USML IV(d) paragraph does not control spacecraft thrusters, and that such thrusters are ``subject to the EAR.'' Commerce agrees with the Department of State that adding a note to the USML clarifying these controls will assist exporters in better determining the control jurisdiction of the spacecraft thrusters that were moved from the USML to the CCL in the January 10, 2017 final rule. The questions raised by the public and discussions between the Department of Commerce and State, including the discussions regarding the spacecraft thruster controls, identified a need to add an MT control to the spacecraft thrusters to align with the MTCR Annex. Following the USML Order of Review and CCL Order of Review, these spacecraft thrusters were, prior to publication of this final rule, controlled under ``items'' paragraph x of ECCN 9A515. Because ``items'' paragraph x is not MT controlled, this final rule adds a separate ``items'' paragraph h to ECCN 9A515 to allow for the imposition of an MT control on these spacecraft thrusters to align with the MTCR Annex (Changes to Align with MTCR Annex). Finally, as a conforming change consistent with the addition of ``items'' paragraph h, this final rule reserves ``items'' paragraphs i through w. These changes are expected to result in an annual increase of twelve license applications received by BIS. ECCN 9A610. This final rule amends ECCN 9A610 by making revisions to the ``items'' paragraph (MTCR Annex Change, Category II: Item 10.A., Notes, Dublin 2017 Plenary). This final rule redesignates ``items'' paragraph w as ``items'' paragraph w.1 and creates new ``items'' paragraph w.2 in ECCN 9A610, including redesignating Note to paragraph w, as Note to paragraph w.1. In addition to this redesignation, this final rule removes the term ``drones'' from ``items'' paragraph w.1 and the Note to paragraph w.1 because the MTCR Annex does not use the term ``drones,'' other than stating that drones are a type of UAV, and therefore the term does not need to be included in ``items'' paragraph w.1 or in the Note. This final rule for the same reason also removes the term ``drones'' from ``items'' paragraphs u and v, including in the Note to paragraph u and Note to paragraph v (Changes to Align with MTCR Annex). This final rule also adds a new ``items'' paragraph w.2, to control for MT reasons, flight control servo valves designed or modified for the systems in 9A610.w.1, and the additional criteria this final rule includes in new ``items'' paragraph w.2. This final rule makes these changes in ECCN 9A610 in order to accommodate the new ``items'' paragraph w.2, which corresponds to MTCR Annex, Category II, Item 10.A.3, but had not previously been listed on the CCL. This final rule also adds a Note to paragraphs w.1 and w.2 to specify that these two ``items'' paragraphs include systems, equipment and valves designed or modified to enable operation of manned aircraft as unmanned aerial vehicles. The addition of the note will clarify that the controls include equipment when used for the conversion of a manned aircraft to operate as a UAV. Some of this type of equipment is ``subject to the ITAR,'' and some of this type of equipment is ``subject to the EAR.'' Prior to publication of this final rule, the type of equipment referenced in ECCN 7A116 made it appear that all of this type of equipment was ``subject to the ITAR,'' which is correct for certain equipment, but not for all such equipment. For example, some of this equipment prior to publication of this final rule was controlled in ECCN 9A610.w. The changes described above that this final rule makes to ECCNs 7A116 and 9A610, will make needed corrections to clarify [[Page 44220]] where this type of equipment is controlled on the CCL. Prior to publication of this rule, some of the equipment specified in MTCR Annex, Category II, Item 10.A.3. was not controlled on the CCL. While ECCN 9A106 has an entry for the equipment used in liquid propulsion systems for rockets, there was not a corresponding entry listing the equipment used in UAVs. To correct this gap in coverage, this final rule adds the criteria in MTCR Annex, Category II, 10.A.3. to ECCNs 7A116 and 9A610, as described above. These changes are not expected to have any impact on the number of license applications received by BIS due to the low volume of such items exported. Savings Clause Shipments of items removed from eligibility for a License Exception or export or reexport without a license (NLR) as a result of this regulatory action that were on dock for loading, on lighter, laden aboard an exporting or reexporting carrier, or enroute aboard a carrier to a port of export or reexport, on August 30, 2018, pursuant to actual orders for export or reexport to a foreign destination, may proceed to that destination under the previous eligibility for a License Exception or export or reexport without a license (NLR) so long as they are exported or reexported before October 1, 2018. Any such items not actually exported or reexported before midnight, on October 1, 2018, require a license in accordance with this rule. Export Control Reform Act of 2018 On August 13, 2018, the President signed into law the John S. McCain National Defense Authorization Act for Fiscal Year 2019, which included the Export Control Reform Act of 2018 (ECRA) (Title XVII, Subtitle B of Pub. L. 115-232) that provides the legal basis for BIS's principal authorities and serves as the authority under which BIS issues this rule. As set forth in Section 1768 of ECRA, all delegations, rules, regulations, orders, determinations, licenses, or other forms of administrative action that have been made, issued, conducted, or allowed to become effective under the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in effect prior to August 13, 2018 and as continued in effect pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) and 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 8, 2018, 83 FR 39871 (August 13, 2018)), or the Export Administration Regulations, and are in effect as of August 13, 2018, shall continue in effect according to their terms until modified, superseded, set aside, or revoked under the authority of ECRA. Executive Order Requirements Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distribute impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule has been designated a ``significant regulatory action'' under Executive Order 12866. The MTCR was formed in 1987 by the U.S. and G-7 countries (Canada, France, Germany, Italy, Japan, and the UK) to address the increasing proliferation of nuclear weapons by addressing the most destabilizing delivery system for such weapons. The MTCR seeks to limit the risk of proliferation of weapons of mass destruction by controlling exports of goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for such weapons. The proliferation of such weapons has been identified as a threat to domestic and international peace and security. Commerce estimates this rule will not change the number of license requests received by BIS annually. This rule does not contain policies with Federalism implications as that term is defined under E.O. 13132. For the purposes of E.O. 13771, this rule is issued with respect to a national security function of the United States. The cost-benefit analysis indicates the rule is intended to improve national security as its primary direct benefit, and the regulation qualifies for a good cause exception under 5 U.S.C. 553(b)(B). Accordingly, this rule meets the requirements set forth in the April 5, 2017, OMB guidance implementing E.O 13771, and is, therefore, exempt from the requirements of E.O. 13771. Paperwork Reduction Act Requirements Notwithstanding any other provision of law, no person may be required to respond to or be subject to a penalty for failure to comply with a collection of information, subject to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless that collection of information displays a currently valid Office of Management and Budget (OMB) Control Number. This regulation involves a collection currently approved by OMB under control number 0694-0088, Simplified Network Application Processing System. This collection includes, among other things, license applications, and carries a burden estimate of 43.8 minutes for a manual or electronic submission for a total burden estimate of 31,833 hours. BIS expects the burden hours associated with this collection to increase slightly by ten hours for an estimated cost increase of $378. This increase is not expected to exceed the existing estimates currently associated with OMB control number 0694-0088. Although this final rule makes important changes to the EAR for items controlled for missile technology reasons, Commerce believes the overall increase in costs and burdens due to this rule will be minimal. Any comments regarding the collection of information associated with this rule, including suggestions for reducing the burden, may be sent to Jasmeet K. Seehra, Office of Management and Budget (OMB), by email to [email protected], or by fax to (202) 395-7285. Administrative Procedure Act and Regulatory Flexibility Act Requirements The provisions of the Administrative Procedure Act (APA) (5 U.S.C. 553) requiring notice of proposed rulemaking, the opportunity for public participation, and a delay in effective date, are inapplicable because this action involves a military and foreign affairs function of the United States (5 U.S.C. 553(a)(1)). Immediate implementation of these amendments fulfills the United States' international commitments to the MTCR. The MTCR contributes to international peace and security by promoting greater responsibility in transfers of missile technology items that could make a contribution to delivery systems (other than manned aircraft) for weapons of mass destruction. The MTCR consists of 35 member countries acting on a consensus basis. The changes discussed in this rule implement agreements reached at the October 2017 Plenary in Dublin, Ireland, and the May 2017 Technical Experts Meeting in Stockholm, Sweden. Since the United States is a significant exporter of the items discussed in this rule, implementation of this provision is [[Page 44221]] necessary for the MTCR to achieve its purpose. Although the APA requirements in section 553 are not applicable to this action under the provisions of paragraph (a)(1), this action also falls within two other exceptions in the section. The subsection (b) requirement that agencies publish a notice of proposed rulemaking that includes information on the public proceedings does not apply when an agency for good cause finds that the notice and public procedures are impracticable, unnecessary, or contrary to the public interest, and the agency incorporates the finding (and reasons therefor) in the rule that is issued (5 U.S.C. 553(b)(B)). In addition, the section 553(d) requirement that publication of a rule shall be made not less than 30 days before its effective date can be waived if an agency finds there is good cause to do so. The section 553 requirements for notice and public procedures and for a delay in the date of effectiveness do not apply to this rule, as there is good cause to waive such practices. Delay in implementation would be contrary to the public interest because it would disrupt the movement of these potentially national and international security threatening items globally, creating disharmony between export control measures implemented by MTCR members. Export controls work best when all countries implement the same export controls in a timely manner. Delaying this rulemaking would prevent the United States from fulfilling its commitment to the MTCR in a timely manner, would injure the credibility of the United States in this and other multilateral regimes, and could impair the international community's ability to effectively control the export of certain potentially national and international security threatening items. Therefore, this regulation is issued in final form, and is effective August 30, 2018. Further, no other law requires that a notice of proposed rulemaking and an opportunity for public comment be given for this final rule. Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under the Administrative Procedure Act or by any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required and none has been prepared. List of Subjects in 15 CFR Part 774 Exports, Reporting and recordkeeping requirements. Accordingly, part 774 of the Export Administration Regulations (15 CFR parts 730-774) is amended as follows: PART 774--[AMENDED] 0 1. The authority citation for 15 CFR part 774 is revised to read as follows: Authority: Pub. L. 115-232, Title XVII, Subtitle B. 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 8, 2018, 83 FR 39871 (August 13, 2018). 0 2. In Supplement No. 1 to part 774, Category 1, revise Export Control Classification Number (ECCN) 1B117 to read as follows: Supplement No. 1 to Part 774--The Commerce Control List * * * * * 1B117 Batch mixers having all of the following (see List of Items Controlled), and ``specially designed'' ``parts'' and ``components'' therefor. License Requirements Reason for Control: MT, AT Country chart (see Supp. Control(s) No. 1 to part 738) MT applies to entire entry................ MT Column 1 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 1B115, 1B118, and 1B119. Related Definitions: N/A Items: a. Capable of mixing under vacuum in the range from zero to 13.326 kPa; b. Capable of controlling the temperature of the mixing chamber; c. A total volumetric capacity of 110 liters (30 gallons) or more; and d. At least one `mixing/kneading shaft' mounted off center. Note to paragraph d: In 1B117.d. the term `mixing/kneading shaft' does not refer to deagglomerators or knife-spindles. 0 3. In Supplement No. 1 to part 774, Category 1, revise ECCN 1B118 to read as follows: 1B118 Continuous mixers having all of the following (see List of Items Controlled), and ``specially designed'' ``parts'' and ``components'' therefor. License Requirements Reason for Control: MT, AT Country chart (see Supp. Control(s) No. 1 to part 738) MT applies to entire entry................ MT Column 1 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 1B115, 1B117, and 1B119. Related Definitions: N/A Items: a. Capable of mixing under vacuum in the range from zero to 13.326 kPa; b. Capable of controlling the temperature of the mixing chamber; and c. Either of the following: c.1. Two or more mixing/kneading shafts; or c.2. A single rotating and oscillating shaft with kneading teeth/pins as well as kneading teeth/pins inside the casing of the mixing chamber. 0 4. In Supplement No. 1 to part 774, Category 1, revise ECCN 1C111 to read as follows: 1C111 Propellants and constituent chemicals for propellants, other than those specified in 1C011, as follows (see List of Items Controlled). License Requirements Reason for Control: MT, NP, RS, AT Country chart (see Supp. Control(s) No. 1 to part 738) MT applies to entire entry................ MT Column 1 NP applies to 1C111.a.3.f only............ NP Column 1 RS applies to 1C111.d.3 only.............. RS Column 1 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: (1) See USML Category V(e)(7) for controls on HTPB (hydroxyl terminated polybutadiene) with a hydroxyl functionality equal to or greater than 2.2 and less than or equal to 2.4, a hydroxyl value of less than 0.77 meq/g, and a viscosity at 30 [deg]C of less than 47 poise (CAS # 69102-90-5). (2) See USML Category V(f)(3) for controls on ferrocene derivatives, including butacene. (3) See ECCN 1C608 for controls on oxidizers that [[Page 44222]] are composed of fluorine and also other halogens, oxygen, or nitrogen, except for chlorine trifluoride, which is controlled under this ECCN 1C111.a.3.f. (4) See ECCN 1C011.b for controls on boron and boron alloys not controlled under this ECCN 1C111.a.2.b. (5) See USML Category V(d)(10) for controls on Inhibited Red Fuming Nitric Acid (IRFNA) (CAS 8007-58-7). Related Definitions: Particle size is the mean particle diameter on a weight or volume basis. Best industrial practices must be used in sampling, and in determining particle size, and the controls may not be undermined by the addition of larger or smaller sized material to shift the mean diameter. Items: a. Propulsive substances: a.1. Spherical or spheroidal aluminum powder (C.A.S. 7429-90-5) in particle size of less than 200 x 10-6 m (200 [micro]m) and an aluminum content of 97% by weight or more, if at least 10% of the total weight is made up of particles of less than 63 [micro]m, according to ISO 2591-1:1988 or national equivalents. Technical Note: A particle size of 63 [mu]m (ISO R-565) corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11). a.2. Metal powders and alloys where at least 90% of the total particles by particle volume or weight are made up of particles of less than 60 [micro] (determined by measurement techniques such as using a sieve, laser diffraction or optical scanning), whether spherical, atomized, spheroidal, flaked or ground, as follows: a.2.a. Consisting of 97% by weight or more of any of the following: a.2.a.1. Zirconium (C.A.S. #7440-67-7); a.2.a.2. Beryllium (C.A.S. #7440-41-7); or a.2.a.3. Magnesium (C.A.S. #7439-95-4);. a.2.b. Boron or boron alloys with a boron content of 85% or more by weight. Technical Note: The natural content of hafnium in the zirconium (typically 2% to 7%) is counted with the zirconium. Note: In a multimodal particle distribution (e.g., mixtures of different grain sizes) in which one or more modes are controlled, the entire powder mixture is controlled. a.3. Oxidizer substances usable in liquid propellant rocket engines, as follows: a.3.a. Dinitrogen trioxide (CAS 10544-73-7); a.3.b. Nitrogen dioxide (CAS 10102-44-0)/dinitrogen tetroxide (CAS 10544-72-6); a.3.c. Dinitrogen pentoxide (CAS 10102-03-1); a.3.d. Mixed oxides of nitrogen (MON); a.3.e. [RESERVED]; a.3.f. Chlorine trifluoride (ClF3 ). Technical Note: Mixed oxides of nitrogen (MON) are solutions of nitric oxide (NO) in dinitrogen tetroxide/nitrogen dioxide (N2 O4 /NO2 ) that can be used in missile systems. There are a range of compositions that can be denoted as MONi or MONij, where i and j are integers representing the percentage of nitric oxide in the mixture (e.g., MON3 contains 3% nitric oxide, MON25 25% nitric oxide. An upper limit is MON40, 40% by weight). b. Polymeric substances: b.1. Carboxy-terminated polybutadiene (including carboxyl- terminated polybutadiene) (CTPB); b.2. Hydroxy-terminated polybutadiene (including hydroxyl- terminated polybutadiene) (HTPB) (CAS 69102-90-5), except for hydroxyl-terminated polybutadiene as specified in USML Category V (see 22 CFR 121.1) (also see Related Controls Note #1 for this ECCN); b.3. Polybutadiene acrylic acid (PBAA); b.4. Polybutadiene acrylic acid acrylonitrile (PBAN) (CAS 25265- 19-4/CAS 68891-50-9); b.5. Polytetrahydrofuran polyethylene glycol (TPEG). Technical Note: Polytetrahydrofuran polyethylene glycol (TPEG) is a block copolymer of poly 1,4-Butanediol (CAS 110-63-4) and polyethylene glycol (PEG) (CAS 25322-68-3). c. Other propellant energetic materials, additives, or agents: c.1. [RESERVED] c.2. Triethylene glycol dinitrate (TEGDN); c.3. 2 Nitrodiphenylamine (2-NDPA); c.4. Trimethylolethane trinitrate (TMETN); c.5. Diethylene glycol dinitrate (DEGDN). d. Hydrazine and derivatives as follows: d.1. Hydrazine (C.A.S. #302-01-2) in concentrations of 70% or more; d.2. Monomethyl hydrazine (MMH) (C.A.S. #60-34-4); d.3. Symmetrical dimethyl hydrazine (SDMH) (C.A.S. #540-73-8); d.4. Unsymmetrical dimethyl hydrazine (UDMH) (C.A.S. #57-14-7); d.5. Trimethylhydrazine (C.A.S. #1741-01-1); d.6. Tetramethylhydrazine (C.A.S. #6415-12-9); d.7. N,N diallylhydrazine (CAS 5164-11-4); d.8. Allylhydrazine (C.A.S. #7422-78-8); d.9. Ethylene dihydrazine (CAS 6068-98-0); d.10. Monomethylhydrazine dinitrate; d.11. Unsymmetrical dimethylhydrazine nitrate; d.12. 1,1-Dimethylhydrazinium azide (CAS 227955-52-4)/1,2- Dimethylhydrazinium azide (CAS 299177-50-7); d.13. Hydrazinium azide (C.A.S. #14546-44-2); d.14. Hydrazinium dinitrate (CAS 13464-98-7); d.15. Diimido oxalic acid dihydrazine (C.A.S. #3457-37-2); d.16. 2-hydroxyethylhydrazine nitrate (HEHN); d.17. Hydrazinium diperchlorate (C.A.S. #13812-39-0); d.18. Methylhydrazine nitrate (MHN) (CAS 29674-96-2); d.19. 1,1-Diethylhydrazine nitrate (DEHN)/1,2-Diethylhydrazine nitrate (DEHN) (CAS 363453-17-2); d.20. 3,6-dihydrazino tetrazine nitrate (DHTN), also referred to as 1,4-dihydrazine nitrate. 0 5. In Supplement No. 1 to part 774, Category 1, revise ECCN 1C118 to read as follows: 1C118 Titanium-stabilized duplex stainless steel (Ti-DSS), having all of the following characteristics (see List of Items Controlled). License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: N/A Related Definitions: N/A Items: a. Having all of the following characteristics: a.1. Containing 17.0-23.0% by weight of chromium and 4.5-7.0% by weight of nickel; a.2. Having a titanium content of greater than 0.10% by weight; and a.3. A ferritic-austenitic microstructure (also referred to as a two-phase microstructure) of which at least 10% by volume (according to ASTM E-1181-87 or national equivalents) is austenite; and b. Having any of the following forms: b.1. Ingots or bars having a size of 100 mm or more in each dimension; b.2. Sheets having a width of 600 mm or more and a thickness of 3 mm or less; or b.3. Tubes having an outer diameter of 600 mm or more and a wall thickness of 3 mm or less. 0 6. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B109 to read as follows: 2B109 Flow-forming machines, other than those controlled by 2B009, as follows (see List of Items Controlled). License Requirements Reason for Control: MT, NP, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 NP applies to items controlled by this NP Column 1 entry that meet or exceed the technical parameters in 2B209. 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 [[Page 44223]] List of Items Controlled Related Controls: (1) See ECCN 2D101 for ``software'' for items controlled under this entry. (2) See ECCNs 2E001 (``development''), 2E002 (``production''), and 2E101 (``use'') for technology for items controlled under this entry. (3) Also see ECCNs 2B009 and 2B209. Related Definitions: N/A Items: a. Flow-forming machines, usable in the ``production'' of propulsion components and equipment (e.g., motor cases and interstages) for ``missiles'', having all of the following: a.1. Equipped with, or according to the manufacturer's technical specification are capable of being equipped with, ``numerical control'' units or a computer control, even when not equipped with such units at delivery; and a.2. More than two axes which can be coordinated simultaneously for ``contouring control.'' b. ``Specially designed'' ``parts'' and ``components'' for flow- forming machines controlled in 2B009 for MT reasons or 2B109.a. Technical Note: 1. Machines combining the function of spin- forming and flow-forming are for the purpose of 2B109 regarded as flow-forming machines. 0 7. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B120 to read as follows: 2B120 Motion simulators or rate tables (equipment capable of simulating motion), having all of the following characteristics (see List of Items Controlled). License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: (1) Rate tables not controlled by 2B120 and providing the characteristics of a positioning table are to be evaluated according to 2B121. (2) Equipment that has the characteristics specified in 2B121, which also meets the characteristics of 2B120 will be treated as equipment specified in 2B120. (3) See also 2B008, 2B121, 7B101 and 7B994. Related Definitions: N/A Items: a. Two or more axes; b. Designed or modified to incorporate sliprings or integrated non-contact devices capable of transferring electrical power, signal information, or both; and c. Having any of the following characteristics: c.1. For any single axis having all of the following: c.1.a. Capable of rates of rotation of 400 degrees/s or more, or 30 degrees/s or less, and c.1.b. A rate resolution equal to or less than 6 degrees/s and an accuracy equal to or less than 0.6 degrees/s; or c.2. Having a worst-case rate stability equal to or better (less) than plus or minus 0.05% averaged over 10 degrees or more; or c.3. A positioning ``accuracy'' equal to or better than 5 arc- second. Note: 2B120 does not control rotary tables designed or modified for machine tools or for medical equipment. For controls on machine tool rotary tables see 2B008. 0 8. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B121 to read as follows: 2B121 Positioning tables (equipment capable of precise rotary position in any axis), other than those controlled in 2B120, having all the following characteristics (See List of Items Controlled). License Requirements Reason for Control: MT, AT Country chart (see supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: (1) Equipment that has the characteristics specified in 2B121, which also meets the characteristics of 2B120 will be treated as equipment specified in 2B120. (2) See also 2B008, 2B120, 7B101, and 7B994. Related Definitions: N/A Items: a. Two or more axes; and b. A positioning ``accuracy'' equal to or better than 5 arc- second. Note: 2B121 does not control rotary tables designed or modified for machine tools or for medical equipment. For controls on machine tool rotary tables see 2B008. 0 9. In Supplement No. 1 to part 774, Category 2, revise ECCN 2B122 to read as follows: 2B122 Centrifuges capable of imparting accelerations greater than 100 g and designed or modified to incorporate sliprings or integrated non-contact devices capable of transferring electrical power, signal information, or both. License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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 also 7B101. Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. 0 10. In Supplement No. 1 to part 774, Category 6, revise ECCN 6A107 to read as follows: 6A107 Gravity meters (gravimeters) or gravity gradiometers, other than those controlled by 6A007, designed or modified for airborne or marine use, as follows, (see List of Items Controlled) and ``specially designed'' ``parts'' and ``components'' therefor. License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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 USML Category XII(d) for certain gravity meters (gravimeters) or gravity gradiometers subject to the ITAR. See also ECCN 7A611. Related Definitions: `Time to steady-state registration' (also referred to as the gravity meter's response time) is the time over which the disturbing effects of platform-induced acceleration (high frequency noise) are reduced. Items: a. Gravity meters having all the following: a.1. A static or operational accuracy equal to or less (better) than 0.7 milligal (mgal); and a.2. A `time to steady-state registration' of two minutes or less. b. Gravity gradiometers. 0 11. In Supplement No. 1 to part 774, Category 7, revise ECCN 7A105 to read as follows: [[Page 44224]] 7A105 Receiving equipment for `navigation satellite systems' designed or modified for airborne applications and capable of providing navigation information at speeds in excess of 600 m/s (1,165 nautical mph), and ``specially designed'' ``parts'' and ``components'' therefor. License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: (1) See also 7A005 and 7A994. (2) See Categories XI and XV of the U.S. Munitions List (22 CFR 121.1) for controls on similar equipment ``specially designed'' for defense articles. Related Definitions: `Navigation satellite systems' include Global Navigation Satellite Systems (GNSS; e.g., GPS, GLONASS, Galileo or BeiDou) and Regional Navigation Satellite Systems (RNSS; e.g., NavIC, QZSS). Items: The list of items controlled is contained in the ECCN heading. 0 12. In Supplement No. 1 to part 774, Category 7, revise ECCN 7A107 to read as follows: 7A107 Three axis magnetic heading sensors having all of the following characteristics (see List of Items Controlled), and ``specially designed'' ``parts'' and ``components'' therefor. License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: N/A Related Definitions: N/A Items: a. Internal tilt compensation in pitch (+/-90 degrees) and roll (+/-180 degrees) axes; b. Azimuthal accuracy better (less) than 0.5 degrees rms at latitudes of +/-80 degrees, referenced to local magnetic field; and c. Designed or modified to be integrated with flight control and navigation systems. Note: Flight control and navigation systems in 7A107 include gyrostabilizers, automatic pilots and inertial navigation systems. 0 13. In Supplement No. 1 to part 774, Category 7, revise ECCN 7A116 to read as follows: 7A116 Flight control systems and ``parts'' and ``components'', as follows (see List of Items Controlled). License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: (1) See 9A610.r. and 9A610.s. for items designed or modified for military UAVs. (2) See USML Category IV for items ``specially designed'' for use in rockets or missiles that are ``subject to the ITAR.'' Related Definitions: N/A Items: a. Pneumatic, hydraulic, mechanical, electro-optical, or electromechanical flight control systems (including fly-by-wire and fly-by-light systems) designed or modified for UAVs capable of delivering at least 500 kilograms of payload to a range of at least 300 km, other than those controlled by either USML paragraph VIII(a) or ECCN 9A610.a; b. Attitude control equipment designed or modified for UAVs capable of delivering at least 500 kilograms of payload to a range of at least 300 km, other than those controlled by either USML paragraph VIII(a) or ECCN 9A610.a; c. Flight control servo valves designed of modified for the systems in 7A116.a. or 7A116.b, and designed or modified to operate in a vibration environment greater than 10 g rms over the entire range between 20Hz and 2 kHz. Note: This entry includes the systems, equipment and valves designed or modified to enable operation of manned aircraft as unmanned aerial vehicles. 0 14. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A012 to read as follows: 9A012 Non-military ``Unmanned Aerial Vehicles,'' (``UAVs''), unmanned ``airships'', related equipment and ``components'', as follows (see List of Items Controlled). License Requirements Reason for Control: NS, MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) NS applies to entire entry................ NS Column 1 MT applies to non-military Unmanned Aerial MT Column 1 Vehicles (UAVs) and Remotely Piloted Vehicles (RPVs) that are capable of a maximum range of at least 300 kilometers (km), regardless of payload, and UAVs that meet the requirements of 9A120. 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 the U.S. Munitions List Category VIII (22 CFR part 121). Also see ECCN 9A610 and Sec. 744.3 of the EAR. Related Definitions: N/A Items: a. ``UAVs'' or unmanned ``airships'', designed to have controlled flight out of the direct `natural vision' of the `operator' and having any of the following: a.1. Having all of the following: a.1.a. A maximum `endurance' greater than or equal to 30 minutes but less than 1 hour; and a.1.b. Designed to take-off and have stable controlled flight in wind gusts equal to or exceeding 46.3 km/h (25 knots); or a.2. A maximum `endurance' of 1 hour or greater; Technical Notes: 1. For the purposes of 9A012.a, `operator' is a person who initiates or commands the ``UAV'' or unmanned ``airship'' flight. 2. For the purposes of 9A012.a, `endurance' is to be calculated for ISA conditions (ISO 2533:1975) at sea level in zero wind. 3. For the purposes of 9A012.a, `natural vision' means unaided human sight, with or without corrective lenses. b. Related equipment and ``components'', as follows: b.1 [Reserved] b.2. [Reserved] b.3. Equipment or ``components'' ``specially designed'' to convert a manned ``aircraft'' or a manned ``airship'' to a ``UAV'' or unmanned ``airship'', controlled by 9A012.a; b.4. Air breathing reciprocating or rotary internal combustion type engines, ``specially designed'' or modified to [[Page 44225]] propel ``UAVs'' or unmanned ``airships'', at altitudes above 15,240 meters (50,000 feet). 0 15. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A101 to read as follows: 9A101 Turbojet and turbofan engines, other than those controlled by 9A001, as follows (see List of Items Controlled). License Requirements Reason for Control: MT, AT Country chart (see Supp. No. Control(s) 1 to part 738) MT applies to entire entry................ MT Column 1 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: 9A101.b controls only engines for non-military unmanned aerial vehicles [UAVs] or remotely piloted vehicles [RPVs], and does not control other engines designed or modified for use in ``missiles'', which are ``subject to the ITAR'' (see 22 CFR parts 120 through 130). Related Definitions: N/A Items: a. Engines having all of the following characteristics: a.1. `Maximum thrust value' greater than 400 N (achieved un- installed) excluding civil certified engines with a maximum thrust value greater than 8,890 N (achieved un-installed); a.2. Specific fuel consumption of 0.15 kg N-1 h-1 or less (at maximum continuous power at sea level static conditions using the ICAO standard atmosphere); a.3. `Dry weight' less than 750 kg; and a.4. `First -stage rotor diameter' less than 1 m; or Technical Notes: 1. `Maximum thrust value' in 9A101.a.1 is the manufacturer's demonstrated maximum thrust for the engine type un-installed at sea level static conditions using the ICAO standard atmosphere. The civil type certified thrust value will be equal to or less than the manufacturer's demonstrated maximum thrust for the engine type. 2. `Dry weight' is the weight of the engine without fluids (fuel, hydraulic fluid, oil, etc.) and does not include the nacelle (housing). 3. `First-stage rotor diameter' is the diameter of the first rotating stage of the engine, whether a fan or compressor, measured at the leading edge of the blade tips. b. Engines designed or modified for use in ``missiles'' or UAVs with a range equal to or greater than 300 km, regardless of thrust, specific fuel consumption, `dry weight' or `first-stage rotor diameter'. 0 16. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A115 to read as follows: 9A115 Apparatus, devices and vehicles, designed or modified for the transport, handling, control, activation and launching of rockets, missiles, and unmanned aerial vehicles capable of achieving a ``range'' equal to or greater than 300 km. License Requirements Reason for Control: MT, AT Country chart (see Supp. Control(s) No. 1 to part 738) MT applies to entire entry................ MT Column 1 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 the U.S. Munitions List (22 CFR part 121). Also see ECCN 9A610.u. Related Definitions: N/A Items: The list of items controlled is contained in the ECCN heading. 0 17. In Supplement No. 1 to part 774, Category, revise ECCN 9A515 to read as follows: 9A515 ``Spacecraft'' and related commodities, as follows (see List of Items Controlled). License Requirements Reason for Control: NS, RS, MT, AT Country chart (see Supp. Control(s) No.1 to part 738) NS applies to entire entry, except .e and NS Column 1 .y. RS applies to entire entry, except .e and RS Column 1 .y. RS applies to 9A515.e..................... RS Column 2 MT applies to microcircuits in 9A515.d and MT Column 1 9A515.e.2 when ``usable in'' ``missiles'' for protecting ``missiles'' against nuclear effects (e.g., Electromagnetic Pulse (EMP), X-rays, combined blast and thermal effects). MT also applies to 9A515.h when the total impulse capacity is equal to or greater than 8.41x10[and]5 newton seconds. AT applies to entire entry................ AT Column 1 License Requirement Note: The Commerce Country Chart is not used for determining license requirements for commodities classified in ECCN 9A515.a.1, .a.2, .a.3, .a.4, and .g. See Sec. 742.6(a)(8), which specifies that such commodities are subject to a worldwide license requirement. 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 ``spacecraft'' in ECCN 9A515.a.1, .a.2, .a.3, or .a.4, or items in 9A515.g, unless determined by BIS to be eligible for License Exception STA in accordance with Sec. 740.20(g) (License Exception STA eligibility requests for certain 9x515 and ``600 series'' items). (2) License Exception STA may not be used if the ``spacecraft'' controlled in ECCN 9A515.a.1, .a.2, .a.3, or .a.4 contains a separable or removable propulsion system enumerated in USML Category IV(d)(2) or USML Category XV(e)(12) and designated MT. (3) Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of the EAR) may not be used for any item in 9A515. List of Items Controlled Related Controls: Spacecraft, launch vehicles and related articles that are enumerated in the USML, and technical data (including ``software'') directly related thereto, and all services (including training) directly related to the integration of any satellite or spacecraft to a launch vehicle, including both planning and onsite support, or furnishing any assistance (including training) in the launch failure analysis or investigation for items in ECCN 9A515.a, are ``subject to the ITAR.'' All other ``spacecraft,'' as enumerated below and defined in Sec. 772.1, are subject to the controls of this ECCN. See also ECCNs 3A001, 3A002, 3A991, 3A992, 6A002, [[Page 44226]] 6A004, 6A008, and 6A998 for specific ``space-qualified'' items, 7A004 and 7A104 for star trackers, and 9A004 for the International Space Station (ISS), the James Webb Space Telescope (JWST), and ``specially designed'' ``parts'' and ``components'' therefor. See USML Category XI(c) for controls on ``Monolithic Microwave Integrated Circuit'' (``MMIC'') amplifiers that are ``specially designed'' for defense articles. See ECCN 9A610.g for pressure suits used for high altitude aircraft. Related Definitions: `Microcircuit' means a device in which a number of passive or active elements are considered as indivisibly associated on or within a continuous structure to perform the function of a circuit. Items: ``Spacecraft'' and other items described in ECCN 9A515 remain subject to the EAR even if exported, reexported, or transferred (in- country) with defense articles ``subject to the ITAR'' integrated into and included therein as integral parts of the item. In all other cases, such defense articles are subject to the ITAR. For example, a 9A515.a ``spacecraft'' remains ``subject to the EAR'' even when it is exported, reexported, or transferred (in-country) with a ``hosted payload'' described in USML Category XV(e)(17) incorporated therein. In all other cases, a ``hosted payload'' performing a function described in USML Category XV(a) always remains a USML item. The removal of the defense article subject to the ITAR from the spacecraft is a retransfer under the ITAR and would require an ITAR authorization, regardless of the CCL authorization the spacecraft is exported under. Additionally, transfer of technical data regarding the defense article subject to the ITAR integrated into the spacecraft would require an ITAR authorization. a. ``Spacecraft,'' including satellites, and space vehicles, whether designated developmental, experimental, research or scientific, not enumerated in USML Category XV or described in ECCN 9A004.u or .w, that: a.1. Have electro-optical remote sensing capabilities and having a clear aperture greater than 0.35 meters, but less than or equal to 0.50 meters; a.2. Have remote sensing capabilities beyond NIR (i.e., SWIR, MWIR, or LWIR); a.3. Have radar remote sensing capabilities (e.g., AESA, SAR, or ISAR) having a center frequency equal to or greater than 1.0 GHz, but less than 10.0 GHz and having a bandwidth equal to or greater than 100 MHz, but less than 300 MHz; a.4. Provide space-based logistics, assembly, or servicing of another ``spacecraft''; or a.5. Are not described in ECCN 9A515.a.1, .a.2, .a.3 or .a.4. Note: ECCN 9A515.a includes commercial communications satellites, remote sensing satellites, planetary rovers, planetary and interplanetary probes, and in-space habitats, not identified in ECCN 9A004 or USML Category XV(a). b. Ground control systems and training simulators ``specially designed'' for telemetry, tracking, and control of the ``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a. c. [Reserved] d. Microelectronic circuits (e.g., integrated circuits, microcircuits, or MOSFETs) and discrete electronic components rated, certified, or otherwise specified or described as meeting or exceeding all the following characteristics and that are ``specially designed'' for defense articles, ``600 series'' items, or items controlled by ECCNs 9A004.v or 9A515: d.1. A total dose of 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si)); d.2. A dose rate upset threshold of 5 x 10\8\ Rads (Si)/sec (5 x 10\6\ Gy (Si)/sec); d.3. A neutron dose of 1 x 10\14\ n/cm\2\ (1 MeV equivalent); d.4. An uncorrected single event upset sensitivity of 1 x 10-\10\ errors/bit/day or less, for the CR[Egrave]ME-MC geosynchronous orbit, Solar Minimum Environment for heavy ion flux; and d.5. An uncorrected single event upset sensitivity of 1 x 10-\3\ errors/part or less for a fluence of 1 x 10\7\ protons/cm\2\ for proton energy greater than 50 MeV. e. Microelectronic circuits (e.g., integrated circuits, microcircuits, or MOSFETs) and discrete electronic components that are rated, certified, or otherwise specified or described as meeting or exceeding the characteristics in either paragraph e.1 or e.2, AND ``specially designed'' for defense articles controlled by USML Category XV or items controlled by ECCNs 9A004.u or 9A515: e.1. A total dose >=1 x 10\5\ Rads (Si) (1 x 10\3\ Gy(Si)) and <5 x 10\5\ Rads (Si) (5 x 10\3\ Gy(Si)); and a single event effect (SEE) (i.e., single event latchup (SEL), single event burnout (SEB), or single event gate rupture (SEGR)) immunity to a linear energy transfer (LET) >=80 MeV-cm2/mg; or e.2. A total dose >= 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si)) and not described in 9A515.d. Note 1 to 9A515.d and .e: Application specific integrated circuits (ASICs), integrated circuits developed and produced for a specific application or function, specifically designed or modified for defense articles and not in normal commercial use are controlled by Category XI(c) of the USML regardless of characteristics. Note 2 to 9A515.d and .e: See 3A001.a for controls on radiation-hardened microelectronic circuits ``subject to the EAR'' that are not controlled by 9A515.d or 9A515.e .f. Pressure suits (i.e., space suits) capable of operating at altitudes 55,000 feet above sea level. g. Remote sensing components ``specially designed'' for ``spacecraft'' described in ECCNs 9A515.a.1 through 9A515.a.4 as follows: g.1. Space-qualified optics (i.e., lens, mirror, membrane having active properties (e.g., adaptive, deformable)) with the largest lateral clear aperture dimension equal to or less than 0.35 meters; or with the largest clear aperture dimension greater than 0.35 meters but less than or equal to 0.50 meters; g.2. Optical bench assemblies ``specially designed'' for ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ``spacecraft;'' or g.3. Primary, secondary, or hosted payloads that perform a function of ECCN 9A515.a.1, 9A515.a.2, 9A515.a.3, or 9A515.a.4 ``spacecraft.'' h. Spacecraft thrusters using bi-propellants or mono-propellants that provide thrust equal to or less than 150 lbf (i.e., 667.23 N) vacuum thrust. i. through w. [RESERVED] x. ``Parts,'' ``components,'' ``accessories'' and ``attachments'' that are ``specially designed'' for defense articles controlled by USML Category XV or items controlled by 9A515, and that are NOT: x.1. Enumerated or controlled in the USML or elsewhere within ECCNs 9A515 or 9A004; x.2. Microelectronic circuits and discrete electronic components; x.3. Described in ECCNs 7A004 or 7A104; x.4. Described in an ECCN containing ``space-qualified'' as a control criterion (i.e., 3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o, 3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 6A004.c and .d, 6A008.j.1, 6A998.b, or 7A003.d.2); x.5. Microwave solid state amplifiers and microwave assemblies (refer to ECCN 3A001.b.4 for controls on these items); x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8 for controls on these items); or x.7. Elsewhere specified in ECCN 9A515.y. Note to 9A515.x: ``Parts,'' ``components,'' ``accessories,'' and ``attachments'' specified in USML subcategory XV(e) or enumerated in other USML categories are subject to the controls of that paragraph or category. y. Items that would otherwise be within the scope of ECCN 9A515.x but that have been identified in an interagency-cleared commodity classification (CCATS) pursuant to Sec. 748.3(e) as warranting control in 9A515.y. y.1. Discrete electronic components not specified in 9A515.e; y.2. Space grade or for spacecraft applications thermistors; y.3. Space grade or for spacecraft applications RF microwave bandpass ceramic filters (Dielectric Resonator Bandpass Filters); y.4. Space grade or for spacecraft applications hall effect sensors; y.5. Space grade or for spacecraft applications subminiature (SMA and SMP) plugs and connectors, TNC plugs and cable and connector assemblies with SMA plugs and connectors; and y.6. Space grade or for spacecraft applications flight cable assemblies. 0 18. In Supplement No. 1 to part 774, Category 9, revise ECCN 9A610 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 [[Page 44227]] 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. 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 ``600 series'' end 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 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 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 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 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.1. 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 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.1: 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 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. w.2. Flight control servo valves designed or modified for the systems in 9A610.w.1. and designed or modified to operate in a vibration environment greater than 10g rms over the entire range between 20Hz and 2 kHz. Note to paragraph .w: Paragraphs 9A610.w.1. and 9A610.w.2. include the systems, equipment and valves designed or modified to enable operation of manned aircraft as unmanned aerial vehicles. 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; [[Page 44228]] 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; 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: August 24, 2018. Richard E. Ashooh, Assistant Secretary for Export Administration. [FR Doc. 2018-18849 Filed 8-29-18; 8:45 am] BILLING CODE 3510-33-P
![44216 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
(Lat. 33°59′42″ N, long. 80°21′41″ W) including most of the world’s suppliers ECCN 1B117. This final rule amends
That airspace extending upward from 700 of advanced missiles and missile-related ECCN 1B117 by revising the heading to
feet above the surface within a 10-mile radius equipment, materials, software and remove the criteria for which ‘‘batch
of Shaw AFB and within a 6.8-mile radius of technology. The regime establishes a mixers’’ are controlled under this entry
Mc Entire JNGB and within 3 miles each side common list of controlled items (the and moves the criteria to the new
of Mc Entire JNGB TACAN 138° radial, Annex) and a common export control ‘‘items’’ paragraphs a and b in the List
extending from the 6.8-mile radius to 12
policy (the Guidelines) that member of Items Controlled section. This final
miles southeast of the TACAN and within a
7-mile radius of Sumter Airport; excluding countries implement in accordance with rule, as a conforming change,
that airspace contained within Restricted their national export controls. The redesignates existing ‘‘items’’
Area R–6002 when it is in use. MTCR seeks to limit the risk of paragraphs a and b as paragraphs c and
proliferation of weapons of mass d (including redesignating the Note to
Issued in College Park, Georgia, on August
22, 2018.
destruction by controlling exports of paragraph b as Note to paragraph d),
goods and technologies that could make respectively, so that all criteria that
Ryan W. Almasy,
a contribution to delivery systems (other identify ‘‘batch mixers’’ that are
Manager, Operations Support Group, Eastern than manned aircraft) for such weapons. controlled under ECCN 1B117 are in the
Service Center, Air Traffic Organization. In 1993, the MTCR’s original focus on List of Items Controlled section. These
[FR Doc. 2018–18765 Filed 8–29–18; 8:45 am] missiles for nuclear weapons delivery changes involving the rearranging of the
BILLING CODE 4910–13–P was expanded to include the existing text are being made for clarity
proliferation of missiles for the delivery and consistency within the MTCR
of all types of weapons of mass Annex (MTCR Annex Change, Category
DEPARTMENT OF COMMERCE destruction (WMD), i.e., nuclear, II: Item 4.B.3., Dublin 2017 Plenary).
chemical and biological weapons. Such These changes are not expected to have
Bureau of Industry and Security proliferation has been identified as a any impact on the number of license
threat to international peace and applications received by BIS.
15 CFR Part 774 security. One way to address this threat ECCN 1B118. This final rule amends
[Docket No. 170906871–7871–01] is to maintain vigilance over the transfer ECCN 1B118 by revising the heading to
of missile equipment, material, and remove the criteria for which
RIN 0694–AH46 related technologies usable for systems ‘‘continuous mixers’’ are controlled
capable of delivering WMD. MTCR under 1B118 and adds those criteria to
Revisions to the Export Administration
members voluntarily pledge to adopt the the ‘‘items’’ paragraph in the List of
Regulations Based on the 2017 Missile
Regime’s export Guidelines and to Items Controlled section. This final rule
Technology Control Regime Plenary restrict the export of items contained in revises ‘‘items’’ paragraphs a and b to
Agreements the Regime’s Annex. The Regime’s include the control criteria that identify
AGENCY: Bureau of Industry and Guidelines are implemented through the certain ‘‘continuous mixers’’ that are
Security, Commerce. national export control laws, regulations controlled under ECCN 1B118. This
ACTION: Final rule. and policies of the regime members. final rule, as a conforming change, also
redesignates existing ‘‘items’’ paragraph
Amendments to the Export
SUMMARY: The Bureau of Industry and b as paragraph c, which includes criteria
Administration Regulations (EAR)
Security (BIS) is amending the Export that identify other ‘‘continuous mixers’’
Administration Regulations (EAR) to This final rule revises the Export that are controlled under ECCN 1B118.
reflect changes to the Missile Administration Regulations (EAR) to The changes to paragraph b, which this
Technology Control Regime (MTCR) reflect changes to the MTCR Annex rule redesignates as ‘‘items’’ paragraph
Annex that were agreed to by MTCR agreed to at the October 2017 Plenary in c.2, include making minor edits for
member countries at the October 2017 Dublin, Ireland, and changes resulting clarity of the control parameters to more
Plenary in Dublin, Ireland, and the May from the May 2017 Technical Experts clearly identify the shafts controlled
2017 Technical Experts Meeting (TEM) Meeting (TEM) in Stockholm, Sweden. (MTCR Annex Change, Category II: Item
in Stockholm, Sweden. This final rule References are provided below for the 4.B.3.a., Dublin 2017 Plenary). These
revises seventeen Export Control MTCR Annex changes agreed to at the changes involving the rearranging of the
Classification Numbers (ECCNs) to meetings that correspond to the EAR existing text are being made for clarity
implement the changes that were agreed revisions described below. This rule and consistency within the MTCR
to at the meetings and to better align the also makes changes to the Commerce Annex. These changes are not expected
missile technology (MT) controls on the Control List (CCL) (Supplement No. 1 to to have any impact on the number of
Commerce Control List (CCL) with the part 774 of the EAR) to conform with license applications received by BIS.
MTCR Annex. the MTCR Annex. All of the changes in ECCN 1C111. This final rule amends
this final rule align the MT controls on ECCN 1C111 by revising ‘‘items’’
DATES: This rule is effective August 30,
the CCL with the MTCR Annex. In the paragraph a.1 in the List of Items
2018.
discussion below, BIS identifies the Controlled section. In ‘‘items’’
FOR FURTHER INFORMATION CONTACT: paragraph a.1, this final rule removes
origin of each change in the regulatory
Sharon Bragonje, Nuclear and Missile text of this final rule by using one the the word ‘‘percent’’ and adds in its
Technology Controls Division, Bureau following parenthetical phrases: (Dublin place the ‘‘%’’ sign in the phrase ‘‘if at
of Industry and Security, Phone: (202) 2017 Plenary), (Stockholm 2017 TEM), least 10 percent of the total weight.’’
482–0434; Email: sharon.bragonje@ or (Changes to Align with MTCR This change is being made for
bis.doc.gov. consistency with the MTCR Annex
amozie on DSK3GDR082PROD with RULES
Annex).
SUPPLEMENTARY INFORMATION: (Changes to Align with MTCR Annex).
Amendments to the Commerce Control This is a clarification and will not
Background List (CCL) change any scope of control. This
The Missile Technology Control This final rule amends the CCL to change is not expected to have any
Regime (MTCR or Regime) is an export reflect changes to the MTCR Annex by impact on the number of license
control arrangement among 35 nations, amending seventeen ECCNs, as follows: applications received by BIS.
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/1.svg)
![Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44221
necessary for the MTCR to achieve its Accordingly, part 774 of the Export License Requirements
purpose. Administration Regulations (15 CFR Reason for Control: MT, AT
Although the APA requirements in parts 730–774) is amended as follows:
section 553 are not applicable to this Country chart
action under the provisions of PART 774—[AMENDED] Control(s) (see Supp. No. 1 to
paragraph (a)(1), this action also falls part 738)
within two other exceptions in the ■ 1. The authority citation for 15 CFR
part 774 is revised to read as follows: MT applies to entire MT Column 1
section. The subsection (b) requirement entry.
that agencies publish a notice of Authority: Pub. L. 115–232, Title XVII, AT applies to entire AT Column 1
proposed rulemaking that includes Subtitle B. 50 U.S.C. 4601 et seq.; 50 U.S.C. entry.
information on the public proceedings 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 List Based License Exceptions (See Part 740
does not apply when an agency for good for a Description of All License Exceptions)
seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
cause finds that the notice and public U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 LVS: N/A
procedures are impracticable, et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR GBS: N/A
unnecessary, or contrary to the public 58767, 3 CFR, 1996 Comp., p. 228; E.O. CIV: N/A
interest, and the agency incorporates the 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
finding (and reasons therefor) in the rule 783; Notice of August 8, 2018, 83 FR 39871 List of Items Controlled
that is issued (5 U.S.C. 553(b)(B)). In (August 13, 2018). Related Controls: See 1B115, 1B117, and
addition, the section 553(d) requirement 1B119.
■ 2. In Supplement No. 1 to part 774,
that publication of a rule shall be made Related Definitions: N/A
Category 1, revise Export Control Items:
not less than 30 days before its effective Classification Number (ECCN) 1B117 to
date can be waived if an agency finds a. Capable of mixing under vacuum in the
read as follows: range from zero to 13.326 kPa;
there is good cause to do so.
The section 553 requirements for Supplement No. 1 to Part 774—The b. Capable of controlling the temperature of
notice and public procedures and for a Commerce Control List the mixing chamber; and
c. Either of the following:
delay in the date of effectiveness do not * * * * * c.1. Two or more mixing/kneading shafts;
apply to this rule, as there is good cause 1B117 Batch mixers having all of the or
to waive such practices. Delay in following (see List of Items Controlled), c.2. A single rotating and oscillating shaft
implementation would be contrary to and ‘‘specially designed’’ ‘‘parts’’ and with kneading teeth/pins as well as kneading
the public interest because it would ‘‘components’’ therefor. teeth/pins inside the casing of the mixing
disrupt the movement of these License Requirements
chamber.
potentially national and international ■ 4. In Supplement No. 1 to part 774,
security threatening items globally, Reason for Control: MT, AT
Category 1, revise ECCN 1C111 to read
creating disharmony between export as follows:
Country chart
control measures implemented by Control(s) (see Supp. No. 1 to 1C111 Propellants and constituent
MTCR members. Export controls work part 738) chemicals for propellants, other than
best when all countries implement the those specified in 1C011, as follows (see
same export controls in a timely MT applies to entire MT Column 1 List of Items Controlled).
manner. Delaying this rulemaking entry.
License Requirements
would prevent the United States from AT applies to entire AT Column 1
entry. Reason for Control: MT, NP, RS, AT
fulfilling its commitment to the MTCR
in a timely manner, would injure the List Based License Exceptions (See Part 740 Country chart
credibility of the United States in this for a Description of All License Exceptions) Control(s) (see Supp. No. 1 to
and other multilateral regimes, and LVS: N/A part 738)
could impair the international GBS: N/A
CIV: N/A MT applies to entire MT Column 1
community’s ability to effectively entry.
control the export of certain potentially List of Items Controlled NP applies to NP Column 1
national and international security Related Controls: See 1B115, 1B118, and 1C111.a.3.f only.
threatening items. Therefore, this 1B119. RS applies to RS Column 1
regulation is issued in final form, and is Related Definitions: N/A 1C111.d.3 only.
effective August 30, 2018. Items: AT applies to entire AT Column 1
Further, no other law requires that a a. Capable of mixing under vacuum in the entry.
notice of proposed rulemaking and an range from zero to 13.326 kPa; List Based License Exceptions (See Part 740
opportunity for public comment be b. Capable of controlling the temperature of for a Description of All License Exceptions)
given for this final rule. Because a the mixing chamber;
LVS: N/A
notice of proposed rulemaking and an c. A total volumetric capacity of 110 liters
GBS: N/A
opportunity for public comment are not (30 gallons) or more; and
CIV: N/A
required to be given for this rule under d. At least one ‘mixing/kneading shaft’
mounted off center. List of Items Controlled
the Administrative Procedure Act or by
any other law, the analytical Note to paragraph d: In 1B117.d. the term Related Controls: (1) See USML Category
‘mixing/kneading shaft’ does not refer to V(e)(7) for controls on HTPB (hydroxyl
requirements of the Regulatory
deagglomerators or knife-spindles. terminated polybutadiene) with a hydroxyl
Flexibility Act (5 U.S.C. 601 et seq.) are
■ 3. In Supplement No. 1 to part 774, functionality equal to or greater than 2.2
amozie on DSK3GDR082PROD with RULES
not applicable. Accordingly, no and less than or equal to 2.4, a hydroxyl
regulatory flexibility analysis is required Category 1, revise ECCN 1B118 to read
value of less than 0.77 meq/g, and a
and none has been prepared. as follows: viscosity at 30 °C of less than 47 poise
List of Subjects in 15 CFR Part 774 1B118 Continuous mixers having all of the (CAS # 69102–90–5). (2) See USML
following (see List of Items Controlled), Category V(f)(3) for controls on ferrocene
Exports, Reporting and recordkeeping and ‘‘specially designed’’ ‘‘parts’’ and derivatives, including butacene. (3) See
requirements. ‘‘components’’ therefor. ECCN 1C608 for controls on oxidizers that
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/6.svg)
![44222 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
are composed of fluorine and also other b. Polymeric substances: 1C118 Titanium-stabilized duplex stainless
halogens, oxygen, or nitrogen, except for b.1. Carboxy-terminated polybutadiene steel (Ti-DSS), having all of the
chlorine trifluoride, which is controlled (including carboxyl-terminated following characteristics (see List of
under this ECCN 1C111.a.3.f. (4) See ECCN polybutadiene) (CTPB); Items Controlled).
1C011.b for controls on boron and boron b.2. Hydroxy-terminated polybutadiene
License Requirements
alloys not controlled under this ECCN (including hydroxyl-terminated
1C111.a.2.b. (5) See USML Category polybutadiene) (HTPB) (CAS 69102–90–5), Reason for Control: MT, AT
V(d)(10) for controls on Inhibited Red except for hydroxyl-terminated
Fuming Nitric Acid (IRFNA) (CAS 8007– polybutadiene as specified in USML Category Country chart
58–7). V (see 22 CFR 121.1) (also see Related Control(s) (see Supp. No. 1 to
Related Definitions: Particle size is the mean Controls Note #1 for this ECCN); part 738)
particle diameter on a weight or volume b.3. Polybutadiene acrylic acid (PBAA); MT applies to entire MT Column 1
basis. Best industrial practices must be b.4. Polybutadiene acrylic acid entry.
used in sampling, and in determining acrylonitrile (PBAN) (CAS 25265–19–4/CAS AT applies to entire AT Column 1
particle size, and the controls may not be 68891–50–9); entry.
undermined by the addition of larger or b.5. Polytetrahydrofuran polyethylene
smaller sized material to shift the mean glycol (TPEG). List Based License Exceptions (See Part 740
diameter. Technical Note: Polytetrahydrofuran for a Description of All License Exceptions)
Items: polyethylene glycol (TPEG) is a block LVS: N/A
a. Propulsive substances: copolymer of poly 1,4-Butanediol (CAS 110– GBS: N/A
a.1. Spherical or spheroidal aluminum 63–4) and polyethylene glycol (PEG) (CAS CIV: N/A
powder (C.A.S. 7429–90–5) in particle size of 25322–68–3).
List of Items Controlled
less than 200 x 10¥6 m (200 mm) and an c. Other propellant energetic materials,
aluminum content of 97% by weight or more, additives, or agents: Related Controls: N/A
if at least 10% of the total weight is made up c.1. [RESERVED] Related Definitions: N/A
of particles of less than 63 mm, according to c.2. Triethylene glycol dinitrate (TEGDN); Items:
ISO 2591–1:1988 or national equivalents. c.3. 2 Nitrodiphenylamine (2-NDPA); a. Having all of the following
Technical Note: A particle size of 63 mm c.4. Trimethylolethane trinitrate (TMETN); characteristics:
(ISO R–565) corresponds to 250 mesh (Tyler) c.5. Diethylene glycol dinitrate (DEGDN). a.1. Containing 17.0–23.0% by weight of
or 230 mesh (ASTM standard E–11). d. Hydrazine and derivatives as follows: chromium and 4.5–7.0% by weight of nickel;
a.2. Metal powders and alloys where at d.1. Hydrazine (C.A.S. #302–01–2) in a.2. Having a titanium content of greater
concentrations of 70% or more; than 0.10% by weight; and
least 90% of the total particles by particle
d.2. Monomethyl hydrazine (MMH) (C.A.S. a.3. A ferritic-austenitic microstructure
volume or weight are made up of particles of
#60–34–4); (also referred to as a two-phase
less than 60 m (determined by measurement
d.3. Symmetrical dimethyl hydrazine microstructure) of which at least 10% by
techniques such as using a sieve, laser
(SDMH) (C.A.S. #540–73–8); volume (according to ASTM E–1181–87 or
diffraction or optical scanning), whether
d.4. Unsymmetrical dimethyl hydrazine national equivalents) is austenite; and
spherical, atomized, spheroidal, flaked or
(UDMH) (C.A.S. #57–14–7); b. Having any of the following forms:
ground, as follows:
d.5. Trimethylhydrazine (C.A.S. #1741–01– b.1. Ingots or bars having a size of 100 mm
a.2.a. Consisting of 97% by weight or more
1); or more in each dimension;
of any of the following:
d.6. Tetramethylhydrazine (C.A.S. #6415– b.2. Sheets having a width of 600 mm or
a.2.a.1. Zirconium (C.A.S. #7440–67–7); more and a thickness of 3 mm or less; or
a.2.a.2. Beryllium (C.A.S. #7440–41–7); or 12–9);
d.7. N,N diallylhydrazine (CAS 5164–11– b.3. Tubes having an outer diameter of 600
a.2.a.3. Magnesium (C.A.S. #7439–95–4);. mm or more and a wall thickness of 3 mm
a.2.b. Boron or boron alloys with a boron 4);
d.8. Allylhydrazine (C.A.S. #7422–78–8); or less.
content of 85% or more by weight.
Technical Note: The natural content of d.9. Ethylene dihydrazine (CAS 6068–98– ■ 6. In Supplement No. 1 to part 774,
hafnium in the zirconium (typically 2% to 0); Category 2, revise ECCN 2B109 to read
7%) is counted with the zirconium. d.10. Monomethylhydrazine dinitrate;
d.11. Unsymmetrical dimethylhydrazine
as follows:
Note: In a multimodal particle distribution nitrate; 2B109 Flow-forming machines, other than
(e.g., mixtures of different grain sizes) in d.12. 1,1-Dimethylhydrazinium azide (CAS those controlled by 2B009, as follows
which one or more modes are controlled, the 227955–52–4)/1,2-Dimethylhydrazinium (see List of Items Controlled).
entire powder mixture is controlled. azide (CAS 299177–50–7);
License Requirements
a.3. Oxidizer substances usable in liquid d.13. Hydrazinium azide (C.A.S. #14546–
propellant rocket engines, as follows: 44–2); Reason for Control: MT, NP, AT
a.3.a. Dinitrogen trioxide (CAS 10544–73– d.14. Hydrazinium dinitrate (CAS 13464–
7); 98–7); Country chart
a.3.b. Nitrogen dioxide (CAS 10102–44–0)/ d.15. Diimido oxalic acid dihydrazine Control(s) (see Supp. No. 1 to
(C.A.S. #3457–37–2); part 738)
dinitrogen tetroxide (CAS
10544–72–6); d.16. 2-hydroxyethylhydrazine nitrate
MT applies to entire MT Column 1
a.3.c. Dinitrogen pentoxide (CAS 10102– (HEHN);
entry.
03–1); d.17. Hydrazinium diperchlorate (C.A.S.
NP applies to items NP Column 1
a.3.d. Mixed oxides of nitrogen (MON); #13812–39–0);
controlled by this
a.3.e. [RESERVED]; d.18. Methylhydrazine nitrate (MHN) (CAS
entry that meet or
a.3.f. Chlorine trifluoride (ClF3). 29674–96–2);
exceed the tech-
Technical Note: Mixed oxides of nitrogen d.19. 1,1-Diethylhydrazine nitrate (DEHN)/
nical parameters in
(MON) are solutions of nitric oxide (NO) in 1,2-Diethylhydrazine nitrate (DEHN) (CAS
2B209.
dinitrogen tetroxide/nitrogen dioxide (N2O4/ 363453–17–2);
AT applies to entire AT Column 1
amozie on DSK3GDR082PROD with RULES
NO2) that can be used in missile systems. d.20. 3,6-dihydrazino tetrazine nitrate
entry.
There are a range of compositions that can be (DHTN), also referred to as 1,4-dihydrazine
denoted as MONi or MONij, where i and j are nitrate. List Based License Exceptions (See Part 740
integers representing the percentage of nitric for a Description of All License Exceptions)
oxide in the mixture (e.g., MON3 contains ■ 5. In Supplement No. 1 to part 774, LVS: N/A
3% nitric oxide, MON25 25% nitric oxide. Category 1, revise ECCN 1C118 to read GBS: N/A
An upper limit is MON40, 40% by weight). as follows: CIV: N/A
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/7.svg)
![44224 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
7A105 Receiving equipment for ‘navigation b. Azimuthal accuracy better (less) than 0.5 License Requirements
satellite systems’ designed or modified degrees rms at latitudes of +/¥80 degrees, Reason for Control: NS, MT, AT
for airborne applications and capable of referenced to local magnetic field; and
providing navigation information at c. Designed or modified to be integrated Country chart
speeds in excess of 600 m/s (1,165 with flight control and navigation systems. Control(s) (see Supp. No. 1 to
nautical mph), and ‘‘specially designed’’ Note: Flight control and navigation systems part 738)
‘‘parts’’ and ‘‘components’’ therefor. in 7A107 include gyrostabilizers, automatic
pilots and inertial navigation systems. NS applies to entire NS Column 1
License Requirements entry.
Reason for Control: MT, AT
■ 13. In Supplement No. 1 to part 774, MT applies to non- MT Column 1
Category 7, revise ECCN 7A116 to read military Unmanned
Country chart as follows: Aerial Vehicles
Control(s) (see Supp. No. 1 to 7A116 Flight control systems and ‘‘parts’’ (UAVs) and Re-
part 738) and ‘‘components’’, as follows (see List motely Piloted Ve-
of Items Controlled). hicles (RPVs) that
MT applies to entire MT Column 1 are capable of a
entry. License Requirements maximum range of
AT applies to entire AT Column 1 Reason for Control: MT, AT at least 300 kilo-
entry. meters (km), re-
List Based License Exceptions (See Part 740 Country chart gardless of pay-
for a Description of All License Exceptions) Control(s) (see Supp. No. 1 to load, and UAVs
part 738) that meet the re-
LVS: N/A quirements of
GBS: N/A MT applies to entire MT Column 1 9A120.
CIV: N/A entry. AT applies to entire AT Column 1
AT applies to entire AT Column 1 entry.
List of Items Controlled entry.
Related Controls: (1) See also 7A005 and List Based License Exceptions (See Part 740
List Based License Exceptions (See Part 740 for a Description of All License Exceptions)
7A994. (2) See Categories XI and XV of the
for a Description of All License Exceptions)
U.S. Munitions List (22 CFR 121.1) for LVS: N/A
controls on similar equipment ‘‘specially LVS: N/A GBS: N/A
designed’’ for defense articles. GBS: N/A CIV: N/A
Related Definitions: ‘Navigation satellite CIV: N/A
systems’ include Global Navigation List of Items Controlled
List of Items Controlled
Satellite Systems (GNSS; e.g., GPS, Related Controls: See the U.S. Munitions List
GLONASS, Galileo or BeiDou) and Related Controls: (1) See 9A610.r. and Category VIII (22 CFR part 121). Also see
Regional Navigation Satellite Systems 9A610.s. for items designed or modified for ECCN 9A610 and § 744.3 of the EAR.
(RNSS; e.g., NavIC, QZSS). military UAVs. (2) See USML Category IV Related Definitions: N/A
for items ‘‘specially designed’’ for use in Items:
Items:
rockets or missiles that are ‘‘subject to the
The list of items controlled is contained in ITAR.’’ a. ‘‘UAVs’’ or unmanned ‘‘airships’’,
the ECCN heading. Related Definitions: N/A designed to have controlled flight out of the
Items: direct ‘natural vision’ of the ‘operator’ and
■ 12. In Supplement No. 1 to part 774, having any of the following:
a. Pneumatic, hydraulic, mechanical, a.1. Having all of the following:
Category 7, revise ECCN 7A107 to read electro-optical, or electromechanical flight a.1.a. A maximum ‘endurance’ greater than
as follows: control systems (including fly-by-wire and or equal to 30 minutes but less than 1 hour;
7A107 Three axis magnetic heading fly-by-light systems) designed or modified for
and
sensors having all of the following UAVs capable of delivering at least 500
a.1.b. Designed to take-off and have stable
characteristics (see List of Items kilograms of payload to a range of at least 300
controlled flight in wind gusts equal to or
Controlled), and ‘‘specially designed’’ km, other than those controlled by either
exceeding 46.3 km/h (25 knots); or
USML paragraph VIII(a) or ECCN 9A610.a;
‘‘parts’’ and ‘‘components’’ therefor. a.2. A maximum ‘endurance’ of 1 hour or
b. Attitude control equipment designed or
greater;
License Requirements modified for UAVs capable of delivering at
least 500 kilograms of payload to a range of Technical Notes:
Reason for Control: MT, AT 1. For the purposes of 9A012.a, ‘operator’
at least 300 km, other than those controlled
by either USML paragraph VIII(a) or ECCN is a person who initiates or commands the
Country chart ‘‘UAV’’ or unmanned ‘‘airship’’ flight.
Control(s) (see Supp. No. 1 to 9A610.a;
c. Flight control servo valves designed of 2. For the purposes of 9A012.a, ‘endurance’
part 738)
modified for the systems in 7A116.a. or is to be calculated for ISA conditions (ISO
MT applies to entire MT Column 1 7A116.b, and designed or modified to operate 2533:1975) at sea level in zero wind.
entry. in a vibration environment greater than 10 g 3. For the purposes of 9A012.a, ‘natural
AT applies to entire AT Column 1 rms over the entire range between 20Hz and vision’ means unaided human sight, with or
entry. 2 kHz. without corrective lenses.
Note: This entry includes the systems, b. Related equipment and
List Based License Exceptions (See Part 740 equipment and valves designed or modified ‘‘components’’, as follows:
for a Description of All License Exceptions) to enable operation of manned aircraft as b.1 [Reserved]
LVS: N/A unmanned aerial vehicles. b.2. [Reserved]
GBS: N/A b.3. Equipment or ‘‘components’’
CIV: N/A
■ 14. In Supplement No. 1 to part 774,
Category 9, revise ECCN 9A012 to read ‘‘specially designed’’ to convert a
amozie on DSK3GDR082PROD with RULES
List of Items Controlled as follows: manned ‘‘aircraft’’ or a manned
Related Controls: N/A 9A012 Non-military ‘‘Unmanned Aerial
‘‘airship’’ to a ‘‘UAV’’ or unmanned
Related Definitions: N/A Vehicles,’’ (‘‘UAVs’’), unmanned ‘‘airship’’, controlled by 9A012.a;
Items: ‘‘airships’’, related equipment and b.4. Air breathing reciprocating or
a. Internal tilt compensation in pitch (+/ ‘‘components’’, as follows (see List of rotary internal combustion type engines,
¥90 degrees) and roll (+/¥180 degrees) axes; Items Controlled). ‘‘specially designed’’ or modified to
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/9.svg)
![Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44225
propel ‘‘UAVs’’ or unmanned ■ 16. In Supplement No. 1 to part 774, Country chart
‘‘airships’’, at altitudes above 15,240 Category 9, revise ECCN 9A115 to read Control(s) (see Supp. No.1 to
meters (50,000 feet). as follows: part 738)
■ 15. In Supplement No. 1 to part 774, 9A115 Apparatus, devices and vehicles, MT applies to micro- MT Column 1
Category 9, revise ECCN 9A101 to read designed or modified for the transport, circuits in 9A515.d
as follows: handling, control, activation and and 9A515.e.2
launching of rockets, missiles, and when ‘‘usable in’’
9A101 Turbojet and turbofan engines, ‘‘missiles’’ for pro-
other than those controlled by 9A001, as unmanned aerial vehicles capable of
tecting ‘‘missiles’’
follows (see List of Items Controlled). achieving a ‘‘range’’ equal to or greater
against nuclear ef-
than 300 km. fects (e.g., Electro-
License Requirements
License Requirements magnetic Pulse
Reason for Control: MT, AT (EMP), X-rays,
Reason for Control: MT, AT combined blast and
Country chart thermal effects).
Control(s) (see Supp. No. 1 to Country chart MT also applies to
part 738) Control(s) (see Supp. No. 1 to 9A515.h when the
part 738)
MT applies to entire MT Column 1 total impulse ca-
entry. pacity is equal to or
MT applies to entire MT Column 1
AT applies to entire AT Column 1 greater than
entry.
entry. 8.41x10∧5 newton
AT applies to entire AT Column 1 seconds.
List Based License Exceptions (See Part 740 entry. AT applies to entire AT Column 1
for a Description of All License Exceptions) List Based License Exceptions (See Part 740 entry.
LVS: N/A for a Description of All License Exceptions) License Requirement Note: The Commerce
GBS: N/A LVS: N/A Country Chart is not used for determining
CIV: N/A license requirements for commodities
GBS: N/A
List of Items Controlled CIV: N/A classified in ECCN 9A515.a.1, .a.2, .a.3, .a.4,
and .g. See § 742.6(a)(8), which specifies that
Related Controls: 9A101.b controls only List of Items Controlled such commodities are subject to a worldwide
engines for non-military unmanned aerial license requirement.
vehicles [UAVs] or remotely piloted Related Controls: See the U.S. Munitions List
vehicles [RPVs], and does not control other (22 CFR part 121). Also see ECCN 9A610.u. List Based License Exceptions (See Part 740
engines designed or modified for use in Related Definitions: N/A for a Description of All License Exceptions)
‘‘missiles’’, which are ‘‘subject to the Items: LVS: $1500
ITAR’’ (see 22 CFR parts 120 through 130). The list of items controlled is contained in GBS: N/A
Related Definitions: N/A the ECCN heading. CIV: N/A
Items:
a. Engines having all of the following ■ 17. In Supplement No. 1 to part 774, Special Conditions for STA
characteristics: Category, revise ECCN 9A515 to read as STA: (1) Paragraph (c)(1) of License
a.1. ‘Maximum thrust value’ greater than follows: Exception STA (§ 740.20(c)(1) of the EAR)
400 N (achieved un-installed) excluding civil may not be used for ‘‘spacecraft’’ in ECCN
9A515 ‘‘Spacecraft’’ and related 9A515.a.1, .a.2, .a.3, or .a.4, or items in
certified engines with a maximum thrust
value greater than 8,890 N (achieved un- commodities, as follows (see List of 9A515.g, unless determined by BIS to be
installed); Items Controlled). eligible for License Exception STA in
a.2. Specific fuel consumption of 0.15 kg accordance with § 740.20(g) (License
License Requirements
N¥1 h¥1 or less (at maximum continuous Exception STA eligibility requests for
power at sea level static conditions using the Reason for Control: NS, RS, MT, AT certain 9x515 and ‘‘600 series’’ items). (2)
ICAO standard atmosphere); License Exception STA may not be used if
a.3. ‘Dry weight’ less than 750 kg; and Country chart the ‘‘spacecraft’’ controlled in ECCN
a.4. ‘First –stage rotor diameter’ less than Control(s) (see Supp. No.1 to 9A515.a.1, .a.2, .a.3, or .a.4 contains a
1 m; or part 738) separable or removable propulsion system
Technical Notes: enumerated in USML Category IV(d)(2) or
NS applies to entire NS Column 1 USML Category XV(e)(12) and designated
1. ‘Maximum thrust value’ in 9A101.a.1 is
entry, except .e MT. (3) Paragraph (c)(2) of License
the manufacturer’s demonstrated maximum
and .y. Exception STA (§ 740.20(c)(2) of the EAR)
thrust for the engine type un-installed at sea
RS applies to entire RS Column 1 may not be used for any item in 9A515.
level static conditions using the ICAO
entry, except .e
standard atmosphere. The civil type certified List of Items Controlled
and .y.
thrust value will be equal to or less than the Related Controls: Spacecraft, launch vehicles
manufacturer’s demonstrated maximum RS applies to RS Column 2
9A515.e. and related articles that are enumerated in
thrust for the engine type. the USML, and technical data (including
2. ‘Dry weight’ is the weight of the engine ‘‘software’’) directly related thereto, and all
without fluids (fuel, hydraulic fluid, oil, etc.) services (including training) directly
and does not include the nacelle (housing). related to the integration of any satellite or
3. ‘First-stage rotor diameter’ is the spacecraft to a launch vehicle, including
diameter of the first rotating stage of the both planning and onsite support, or
engine, whether a fan or compressor, furnishing any assistance (including
amozie on DSK3GDR082PROD with RULES
measured at the leading edge of the blade training) in the launch failure analysis or
tips. investigation for items in ECCN 9A515.a,
b. Engines designed or modified for use in are ‘‘subject to the ITAR.’’ All other
‘‘missiles’’ or UAVs with a range equal to or ‘‘spacecraft,’’ as enumerated below and
greater than 300 km, regardless of thrust, defined in § 772.1, are subject to the
specific fuel consumption, ‘dry weight’ or controls of this ECCN. See also ECCNs
‘first-stage rotor diameter’. 3A001, 3A002, 3A991, 3A992, 6A002,
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/10.svg)
![44226 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
6A004, 6A008, and 6A998 for specific ‘‘spacecraft’’ controlled in paragraphs g.3. Primary, secondary, or hosted payloads
‘‘space-qualified’’ items, 7A004 and 7A104 9A004.u or 9A515.a. that perform a function of ECCN 9A515.a.1,
for star trackers, and 9A004 for the c. [Reserved] 9A515.a.2, 9A515.a.3, or 9A515.a.4
International Space Station (ISS), the James d. Microelectronic circuits (e.g., integrated ‘‘spacecraft.’’
Webb Space Telescope (JWST), and circuits, microcircuits, or MOSFETs) and h. Spacecraft thrusters using bi-propellants
‘‘specially designed’’ ‘‘parts’’ and discrete electronic components rated, or mono-propellants that provide thrust
‘‘components’’ therefor. See USML certified, or otherwise specified or described
equal to or less than 150 lbf (i.e., 667.23 N)
Category XI(c) for controls on ‘‘Monolithic as meeting or exceeding all the following
characteristics and that are ‘‘specially vacuum thrust.
Microwave Integrated Circuit’’ (‘‘MMIC’’)
designed’’ for defense articles, ‘‘600 series’’ i. through w. [RESERVED]
amplifiers that are ‘‘specially designed’’ for
items, or items controlled by ECCNs 9A004.v x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’
defense articles. See ECCN 9A610.g for
pressure suits used for high altitude or 9A515: and ‘‘attachments’’ that are ‘‘specially
aircraft. d.1. A total dose of 5 × 105 Rads (Si) (5 × designed’’ for defense articles controlled by
Related Definitions: ‘Microcircuit’ means a 103 Gy (Si)); USML Category XV or items controlled by
device in which a number of passive or d.2. A dose rate upset threshold of 5 × 108 9A515, and that are NOT:
active elements are considered as Rads (Si)/sec (5 × 106 Gy (Si)/sec); x.1. Enumerated or controlled in the USML
indivisibly associated on or within a d.3. A neutron dose of 1 × 1014 n/cm2 (1 or elsewhere within ECCNs 9A515 or 9A004;
continuous structure to perform the MeV equivalent); x.2. Microelectronic circuits and discrete
function of a circuit. d.4. An uncorrected single event upset electronic components;
Items: sensitivity of 1 × 10¥10 errors/bit/day or less, x.3. Described in ECCNs 7A004 or 7A104;
‘‘Spacecraft’’ and other items described in for the CRÈME–MC geosynchronous orbit, x.4. Described in an ECCN containing
ECCN 9A515 remain subject to the EAR even Solar Minimum Environment for heavy ion ‘‘space-qualified’’ as a control criterion (i.e.,
if exported, reexported, or transferred (in- flux; and
3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o,
country) with defense articles ‘‘subject to the d.5. An uncorrected single event upset
sensitivity of 1 × 10¥3 errors/part or less for 3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1,
ITAR’’ integrated into and included therein 6A004.c and .d, 6A008.j.1, 6A998.b, or
as integral parts of the item. In all other a fluence of 1 × 107 protons/cm2 for proton
energy greater than 50 MeV. 7A003.d.2);
cases, such defense articles are subject to the x.5. Microwave solid state amplifiers and
ITAR. For example, a 9A515.a ‘‘spacecraft’’ e. Microelectronic circuits (e.g., integrated
circuits, microcircuits, or MOSFETs) and microwave assemblies (refer to ECCN
remains ‘‘subject to the EAR’’ even when it
discrete electronic components that are rated, 3A001.b.4 for controls on these items);
is exported, reexported, or transferred (in-
certified, or otherwise specified or described x.6. Travelling wave tube amplifiers (refer
country) with a ‘‘hosted payload’’ described
in USML Category XV(e)(17) incorporated as meeting or exceeding the characteristics in to ECCN 3A001.b.8 for controls on these
therein. In all other cases, a ‘‘hosted payload’’ either paragraph e.1 or e.2, AND ‘‘specially items); or
performing a function described in USML designed’’ for defense articles controlled by x.7. Elsewhere specified in ECCN 9A515.y.
Category XV(a) always remains a USML item. USML Category XV or items controlled by
Note to 9A515.x: ‘‘Parts,’’ ‘‘components,’’
The removal of the defense article subject to ECCNs 9A004.u or 9A515:
‘‘accessories,’’ and ‘‘attachments’’ specified
the ITAR from the spacecraft is a retransfer e.1. A total dose ≥1 × 105 Rads (Si) (1 × 103
Gy(Si)) and <5 × 105 Rads (Si) (5 × 103 in USML subcategory XV(e) or enumerated in
under the ITAR and would require an ITAR other USML categories are subject to the
authorization, regardless of the CCL Gy(Si)); and a single event effect (SEE) (i.e.,
single event latchup (SEL), single event controls of that paragraph or category.
authorization the spacecraft is exported
under. Additionally, transfer of technical burnout (SEB), or single event gate rupture y. Items that would otherwise be within
data regarding the defense article subject to (SEGR)) immunity to a linear energy transfer the scope of ECCN 9A515.x but that have
the ITAR integrated into the spacecraft would (LET) ≥80 MeV¥cm2/mg; or been identified in an interagency-cleared
require an ITAR authorization. e.2. A total dose ≥ 5 × 105 Rads (Si) (5 × commodity classification (CCATS) pursuant
a. ‘‘Spacecraft,’’ including satellites, and 103 Gy (Si)) and not described in 9A515.d. to § 748.3(e) as warranting control in
space vehicles, whether designated Note 1 to 9A515.d and .e: Application 9A515.y.
developmental, experimental, research or specific integrated circuits (ASICs), y.1. Discrete electronic components not
scientific, not enumerated in USML Category integrated circuits developed and produced specified in 9A515.e;
XV or described in ECCN 9A004.u or .w, that: for a specific application or function, y.2. Space grade or for spacecraft
a.1. Have electro-optical remote sensing specifically designed or modified for defense applications thermistors;
capabilities and having a clear aperture articles and not in normal commercial use y.3. Space grade or for spacecraft
greater than 0.35 meters, but less than or are controlled by Category XI(c) of the USML
applications RF microwave bandpass ceramic
equal to 0.50 meters; regardless of characteristics.
filters (Dielectric Resonator Bandpass
a.2. Have remote sensing capabilities Note 2 to 9A515.d and .e: See 3A001.a for Filters);
beyond NIR (i.e., SWIR, MWIR, or LWIR); controls on radiation-hardened y.4. Space grade or for spacecraft
a.3. Have radar remote sensing capabilities microelectronic circuits ‘‘subject to the EAR’’ applications hall effect sensors;
(e.g., AESA, SAR, or ISAR) having a center that are not controlled by 9A515.d or y.5. Space grade or for spacecraft
frequency equal to or greater than 1.0 GHz, 9A515.e
but less than 10.0 GHz and having a applications subminiature (SMA and SMP)
f. Pressure suits (i.e., space suits) capable plugs and connectors, TNC plugs and cable
bandwidth equal to or greater than 100 MHz,
of operating at altitudes 55,000 feet above sea and connector assemblies with SMA plugs
but less than 300 MHz;
level. and connectors; and
a.4. Provide space-based logistics,
g. Remote sensing components ‘‘specially y.6. Space grade or for spacecraft
assembly, or servicing of another
designed’’ for ‘‘spacecraft’’ described in applications flight cable assemblies.
‘‘spacecraft’’; or
ECCNs 9A515.a.1 through 9A515.a.4 as
a.5. Are not described in ECCN 9A515.a.1,
follows: ■ 18. In Supplement No. 1 to part 774,
.a.2, .a.3 or .a.4.
g.1. Space-qualified optics (i.e., lens, Category 9, revise ECCN 9A610 to read
Note: ECCN 9A515.a includes commercial mirror, membrane having active properties
communications satellites, remote sensing as follows:
(e.g., adaptive, deformable)) with the largest
amozie on DSK3GDR082PROD with RULES
satellites, planetary rovers, planetary and lateral clear aperture dimension equal to or 9A610 Military aircraft and related
interplanetary probes, and in-space habitats, less than 0.35 meters; or with the largest clear commodities, other than those
not identified in ECCN 9A004 or USML aperture dimension greater than 0.35 meters enumerated in 9A991.a (see List of Items
Category XV(a). but less than or equal to 0.50 meters; Controlled).
b. Ground control systems and training g.2. Optical bench assemblies ‘‘specially
simulators ‘‘specially designed’’ for designed’’ for ECCN 9A515.a.1, 9A515.a.2, License Requirements
telemetry, tracking, and control of the 9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or Reason for Control: NS, RS, MT, AT, UN
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/11.svg)
![Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44227
Country chart USML paragraph VIII(a). The term includes: UAVs controlled by either USML paragraph
Control(s) (see Supp. No. 1 Trainer aircraft; cargo aircraft; utility fixed VIII(a) or ECCN 9A610.a, and capable of a
to part 738) wing aircraft; military helicopters; range equal to or greater than 300 km.
observation aircraft; military non-expansive Note to paragraph .u: Apparatus and
NS applies to entire NS Column 1 balloons and other lighter than air aircraft; devices ‘‘specially designed’’ for the
entry except: and unarmed military aircraft, regardless of handling, control, activation and non-ship-
9A610.b; parts and origin or designation. Aircraft with based launching of UAVs controlled by either
components con- modifications made to incorporate safety of USML paragraph VIII(a) or ECCN 9A610.a
trolled in 9A610.x if flight features or other FAA or NTSB with a maximum range less than 300 km are
being exported or modifications such as transponders and air controlled in paragraph .x of this entry.
reexported for use data recorders are ‘‘unmodified’’ for the
purposes of this paragraph .a. v. Radar altimeters designed or modified
in an aircraft con-
for use in UAVs controlled by either USML
trolled in 9A610.b; Note 2: 9A610.a does not control ‘military paragraph VIII(a) or ECCN 9A610.a., and
and 9A610.y. aircraft’ that: capable of delivering at least 500 kilograms
RS applies to entire RS Column 1 a. Were first manufactured before 1946; payload to a range of at least 300 km.
entry except: b. Do not incorporate defense articles
9A610.b; parts and Note to paragraph .v: Radar altimeters
enumerated or otherwise described on the designed or modified for use in UAVs
components con- U.S. Munitions List, unless the items are
trolled in 9A610.x if controlled by either USML paragraph VIII(a)
required to meet safety or airworthiness or ECCN 9A610.a. that are not capable of
being exported or standards of a Wassenaar Arrangement
reexported for use delivering at least 500 kilograms payload to
Participating State; and a range of at least 300 km are controlled in
in an aircraft con- c. Do not incorporate weapons enumerated
trolled in 9A610.b; paragraph .x of this entry.
or otherwise described on the U.S. Munitions
and 9A610.y. List, unless inoperable and incapable of w.1. Pneumatic hydraulic, mechanical,
MT applies to MT Column 1 being returned to operation. electro-optical, or electromechanical flight
9A610.t, .u, .v, and control systems (including fly-by-wire and
b. L–100 aircraft manufactured prior to
.w. fly-by-light systems) and attitude control
2013.
AT applies to entire AT Column 1 equipment designed or modified for UAVs
c.–d. [Reserved]
entry. controlled by either USML paragraph VIII(a)
e. Mobile aircraft arresting and engagement
UN applies to entire See § 746.1(b) for UN or ECCN 9A610.a., and capable of delivering
runway systems for aircraft controlled by
entry except controls either USML Category VIII(a) or ECCN at least 500 kilograms payload to a range of
9A610.y. 9A610.a. at least 300 km.
List Based License Exceptions (See Part 740 f. Pressure refueling equipment and Note to paragraph .w.1: Pneumatic,
for a Description of All License Exceptions) equipment that facilitates operations in hydraulic, mechanical, electro-optical, or
confined areas, ‘‘specially designed’’ for electromechanical flight control systems
LVS: $1500 (including fly-by-wire and fly-by-light
GBS: N/A aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a. systems) and attitude control equipment
CIV: N/A designed or modified for UAVs controlled by
g. Aircrew life support equipment, aircrew
Special Conditions for STA safety equipment and other devices for either USML paragraph VIII(a) or ECCN
emergency escape from aircraft controlled by 9A610.a., not capable of delivering at least
STA: (1) Paragraph (c)(1) of License
either USML paragraph VIII(a) or ECCN 500 kilograms payload to a range of at least
Exception STA (§ 740.20(c)(1) of the EAR)
9A610.a. 300 km are controlled in paragraph .x of this
may not be used for any item in 9A610.a
h. Parachutes, paragliders, complete entry.
(i.e., ‘‘end item’’ military aircraft), unless
determined by BIS to be eligible for parachute canopies, harnesses, platforms, w.2. Flight control servo valves designed or
License Exception STA in accordance with electronic release mechanisms, ‘‘specially modified for the systems in 9A610.w.1. and
§ 740.20(g) (License Exception STA designed’’ for use with aircraft controlled by designed or modified to operate in a
eligibility requests for ‘‘600 series’’ end either USML paragraph VIII(a) or ECCN vibration environment greater than 10g rms
items). (2) Paragraph (c)(2) of License 9A610.a, and ‘‘equipment’’ ‘‘specially over the entire range between 20Hz and 2
Exception STA (§ 740.20(c)(2) of the EAR) designed’’ for military high altitude kHz.
may not be used for any item in 9A610. parachutists, such as suits, special helmets, Note to paragraph .w: Paragraphs
breathing systems, and navigation 9A610.w.1. and 9A610.w.2. include the
List of Items Controlled equipment. systems, equipment and valves designed or
Related Controls: (1) Military aircraft and i. Controlled opening equipment or modified to enable operation of manned
related articles that are enumerated in automatic piloting systems, designed for aircraft as unmanned aerial vehicles.
USML Category VIII, and technical data parachuted loads.
x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’
(including software) directly related j. Ground effect machines (GEMS),
and ‘‘attachments’’ that are ‘‘specially
thereto, are subject to the ITAR. (2) See including surface effect machines and air
designed’’ for a commodity enumerated or
ECCN 0A919 for controls on foreign-made cushion vehicles, ‘‘specially designed’’ for
otherwise described in ECCN 9A610 (except
‘‘military commodities’’ that incorporate use by a military.
for 9A610.y) or a defense article enumerated
more than a de minimis amount of U.S.- k. through s. [Reserved]
or otherwise described in USML Category
origin ‘‘600 series’’ controlled content. (3) t. Composite structures, laminates, and
VIII and not elsewhere specified on the
See USML Category XIX and ECCN 9A619 manufactures thereof ‘‘specially designed’’
USML or in 9A610.y, 9A619.y, or 3A611.y.
for controls on military aircraft gas turbine for unmanned aerial vehicles controlled
y. Specific ‘‘parts,’’ ‘‘components,’’
engines and related items. under USML Category VIII(a) with a range
‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
Related Definitions: In paragraph .y of this equal to or greater than 300 km.
designed’’ for a commodity subject to control
entry, the term ‘fluid’ includes liquids and Note to paragraph .t: Composite structures, in this entry, ECCN 9A619, or for a defense
gases. laminates, and manufactures thereof article in USML Categories VIII or XIX and
Items: ‘‘specially designed’’ for unmanned aerial not elsewhere specified in the USML or the
amozie on DSK3GDR082PROD with RULES
a. ‘Military Aircraft’ ‘‘specially designed’’ vehicles controlled under USML Category CCL, and other aircraft commodities
for a military use that are not enumerated in VIII(a) with a maximum range less than 300 ‘‘specially designed’’ for a military use, as
USML paragraph VIII(a). km are controlled in paragraph .x of this follows, and ‘‘parts,’’ ‘‘components,’’
Note 1: For purposes of paragraph .a the entry. ‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially
term ‘military aircraft’ means the LM–100J u. Apparatus and devices ‘‘specially designed’’ therefor:
aircraft and any aircraft ‘‘specially designed’’ designed’’ for the handling, control, y.1. Aircraft tires;
for a military use that are not enumerated in activation and non-ship-based launching of y.2. Analog gauges and indicators;
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/12.svg)
![44228 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations
y.3. Audio selector panels; DEPARTMENT OF STATE The temporary revision clarified that
y.4. Check valves for hydraulic and the scope of control in existence prior
pneumatic systems; 22 CFR Part 121 to December 30, 2014 for USML
y.5. Crew rest equipment; paragraph (b) and directly related
y.6. Ejection seat mounted survival aids; [Public Notice: 10486]
software in paragraph (d) remains in
y.7. Energy dissipating pads for cargo (for effect. This clarification is achieved by
RIN 1400–AE70
pads made from paper or cardboard); reinserting the words ‘‘analyze and
y.8. Fluid filters and filter assemblies; Continued Temporary Modification of produce information from’’ and by
y.9. Galleys; Category XI of the United States adding software to the description of
y.10. Fluid hoses, straight and unbent lines Munitions List items controlled.
(for a commodity subject to control in this The Department, with its interagency
entry or defense article in USML Category AGENCY: Department of State. partners, continues to develop a long
VIII), and fittings, couplings, clamps (for a ACTION:Final rule; notice of temporary term solution for USML Category XI(b).
commodity subject to control in this entry or modification. However, that solution will not be in
defense article in USML Category VIII) and place when the current temporary
brackets therefor; SUMMARY: The Department of State, modification expires on August 30,
y.11. Lavatories; pursuant to its regulations and in the 2018. Therefore, the Department has
y.12. Life rafts; interest of the security of the United determined, for the national security
y.13. Magnetic compass, magnetic azimuth States, temporarily modifies paragraph and foreign policy of the United States
detector; (b) in Category XI of the United States and in the best interest of the U.S.
y.14. Medical litter provisions; Munitions List (USML). defense industry, to publish a final rule
y.15. Cockpit or cabin mirrors; DATES: Amendatory instructions 1 and 2 that extends the temporary modification
y.16. Passenger seats including palletized are effective August 30, 2018.
seats;
of USML XI(b) for one year, to August
Amendatory instruction No. 3 is 30, 2019, to allow it to be revised as part
y.17. Potable water storage systems; effective August 30, 2019.
y.18. Public address (PA) systems;
of the wholesale revision of USML
y.19. Steel brake wear pads (does not FOR FURTHER INFORMATION CONTACT: Mr. Category XI. On February 12, 2018, the
include sintered mix or carbon/carbon Robert Monjay, Office of Defense Trade Department published a Notice of
materials); Controls Policy, Department of State, Inquiry (83 FR 5970) requesting public
y.20. Underwater locator beacons; telephone (202) 663–2817; email comment on USML Categories V, X and
y.21. Urine collection bags/pads/cups/ monjayr@state.gov. ATTN: Temporary XI. The Department and the interagency
pumps; Modification of Category XI. are reviewing the public comments
y.22. Windshield washer and wiper SUPPLEMENTARY INFORMATION: On July 1, submitted in response, and the
systems; 2014, the Department published a final Department is drafting a proposed rule
y.23. Filtered and unfiltered panel knobs, rule revising Category XI of the USML, setting out revised versions of the three
indicators, switches, buttons, and dials; 79 FR 37536, effective December 30, categories for public comment.
y.24. Lead-acid and Nickel-Cadmium 2014. That final rule, consistent with Extending the temporary revisions of
batteries; the two prior proposed rules for USML USML Category XI(b) now will allow
y.25. Propellers, propeller systems, and Category XI (78 FR 45018, July 25, 2013 the U.S. government to finalize its
propeller blades used with reciprocating and 77 FR 70958, November 28, 2012), review of USML Category XI, with
engines; revised paragraph (b) of Category XI to rulemaking to follow, to include any
y.26. Fire extinguishers; clarify the extent of control and further modifications to USML Category
y.27. Flame and smoke/CO2 detectors; maintain the existing scope of control XI paragraph (b) as may be warranted.
y.28. Map cases; on items described in paragraph (b) and
y.29. ‘Military Aircraft’ that were first Regulatory Findings
the directly related software described
manufactured from 1946 to 1955 that do not in paragraph (d). Administrative Procedure Act
incorporate defense articles enumerated or
The Department later determined that This rulemaking is exempt from
otherwise described on the U.S. Munitions
exporters may read the revised control section 553 (Rulemaking) and
List, unless the items are required to meet
language to exclude certain intelligence- section 554 (Adjudications) of the
safety or airworthiness standards of a
analytics software that has been and Administrative Procedure Act (APA)
Wassenaar Arrangement Participating State;
and do not incorporate weapons enumerated
remains controlled on the USML. pursuant to 5 U.S.C. 553(a)(1) as a
or otherwise described on the U.S. Munitions
Therefore, the Department determined military or foreign affairs function of the
List, unless inoperable and incapable of that it was in the interest of the security United States Government.
being returned to operation; of the United States to temporarily
revise USML Category XI paragraph (b), Regulatory Flexibility Act
y.30. ‘‘Parts,’’ ‘‘components,’’
‘‘accessories,’’ and ‘‘attachments,’’ other than pursuant to the provisions of § 126.2, Since the Department is of the
electronic items or navigation equipment, for while a long-term solution was opinion that this rule is exempt from the
use in or with a commodity controlled by developed. The Department published a provisions of 5 U.S.C. 553, there is no
ECCN 9A610.h; final rule on July 2, 2015 (80 FR 37974) requirement for an analysis under the
y.31. Identification plates and nameplates; that temporarily modified USML Regulatory Flexibility Act.
and Category XI(b) until December 29, 2015.
The Department published a final rule Unfunded Mandates Reform Act of 1995
y.32. Fluid manifolds.
on December 16, 2015 (80 FR 78130) This rulemaking does not involve a
amozie on DSK3GDR082PROD with RULES
Dated: August 24, 2018.
that continued the July 2, 2015 mandate that will result in the
Richard E. Ashooh, modification to August 30, 2017. The expenditure by State, local, and tribal
Assistant Secretary for Export Department published a final rule on governments, in the aggregate, or by the
Administration. August 30, 2017 (82 FR 41172) that private sector, of $100 million or more
[FR Doc. 2018–18849 Filed 8–29–18; 8:45 am] continued the December 16, 2015 in any year and it will not significantly
BILLING CODE 3510–33–P modification to August 30, 2018. or uniquely affect small governments.
VerDate Sep<11>2014 16:35 Aug 29, 2018 Jkt 244001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\30AUR1.SGM 30AUR1](https://thefederalregister.org/doc/83_FR_44385/page/13.svg)
Document Created: 2018-08-30 01:20:47
Document Modified: 2018-08-30 01:20:47
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective August 30, 2018. | |
| Contact | Sharon Bragonje, Nuclear and Missile Technology Controls Division, Bureau of Industry and Security, Phone: (202) 482-0434; Email: [email protected] | |
| FR Citation | 83 FR 44216 | |
| RIN Number | 0694-AH46 | |
| CFR Associated | Exports and Reporting and Recordkeeping Requirements |
2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR