Vol. 79 Thursday, 

No. 1 January 2, 2014 

Part III 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 740 and 774 

Control of Military Training Equipment, Energetic Materials, Personal 

Protective Equipment, Shelters, Articles Related to Launch Vehicles, 

Missiles, Rockets, Military Explosives, and Related Items; Final Rule 

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264 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740 and 774 

[Docket No.—120201082–3709–02] 

RIN 0694–AF58 

Control of Military Training Equipment, 

Energetic Materials, Personal 

Protective Equipment, Shelters, 

Articles Related to Launch Vehicles, 

Missiles, Rockets, Military Explosives, 

and Related Items 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: This rule implements four 

previously proposed rules, and adds to 

the Export Administration Regulations 

(EAR) controls on energetic materials, 

personal protective equipment, shelters, 

military training equipment, articles 

related to launch vehicles, missiles, 

rockets, military explosives, and related 

items that the President has determined 

no longer warrant control on the United 

States Munitions List (USML). This rule 

also adds to the EAR controls on items 

within the scope of the Munitions List 

(WAML) of the Wassenaar Arrangement 

on Export Controls for Conventional 

Arms and Dual-Use Goods and 

Technologies (Wassenaar Arrangement) 

that are not specifically identified on 

the USML or the Commerce Control List 

(CCL), but that were subject to USML 

jurisdiction. Finally, this rule moves 

certain items that were already subject 

to the EAR to the new Export Control 

Classification Numbers (ECCNs) created 

by this rule. This rule is being published 

in conjunction with the publication of a 

Department of State, Directorate of 

Defense Trade Controls rule revising 

USML Categories IV, V, IX, X, and XVI 

to control those articles the President 

has determined warrant control in those 

categories of the USML. Both rules are 

part of the President’s Export Control 

Reform Initiative. The revisions in this 

final rule are also part of Commerce’s 

retrospective regulatory review plan 

under Executive Order (EO) 13563. 

DATES: This rule is effective July 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: For 

questions regarding energetic materials 

and related items controlled under 

ECCNs 1B608, 1C608, or 1D608 and 

personal protective equipment, shelters 

and related items controlled under 

ECCNs 1A613, 1B613, 1D613 or 1E613, 

contact Michael Rithmire, Office of 

National Security and Technology 

Transfer Controls, at (202) 482–6105 or 

michael.rithmire@bis.doc.gov. 

For questions regarding military 

training equipment and related items 

controlled under ECCNs 0A614, 0B614, 

0D614 or 0E614, contact Daniel Squire, 

Office of National Security and 

Technology Transfer Controls, at (202) 

482–3710 or daniel.squire@bis.doc.gov. 

For questions regarding items related 

to launch vehicles, missiles, rockets, 

and military explosive devices 

controlled under ECCNs 0A604, 0B604, 

0D604 or 0E604 and ECCNs 9A604, 

9B604, 9D604 or 9E604, contact Dennis 

Krepp, Office of National Security and 

Technology Transfer Controls, at (202) 

482–1309 or dennis.krepp@bis.doc.gov. 

ADDRESSES: Commerce’s full 

retrospective regulatory review plan can 

be accessed at: http:// 

open.commerce.gov/news/2011/08/23/ 

commerce-plan-retrospective-analysisexisting-rules. 

SUPPLEMENTARY INFORMATION: 

Background 

This final rule is part of the 

Administration’s Export Control Reform 

(ECR) Initiative. In August 2009, 

President Obama directed the 

Administration to conduct a broadbased review of the U.S. export control 

system to identify additional ways to 

enhance national security. In April 

2010, then-Secretary of Defense Robert 

M. Gates, describing the initial results of 

that effort, explained that fundamental 

reform of the U.S. export control system 

is necessary to enhance our national 

security. Implementing ECR includes 

amending the International Traffic in 

Arms Regulations (ITAR) and its U.S. 

Munitions List (USML), so that they 

control only those items that provide 

the United States with a critical military 

or intelligence advantage or otherwise 

warrant such controls, and amending 

the Export Administration Regulations 

(EAR) to control military items that do 

not warrant USML controls. This series 

of amendments to the ITAR and the 

EAR will reform the U.S. export control 

system to enhance our national security 

by: (i) Improving the interoperability of 

U.S. military forces with allied 

countries; (ii) strengthening the U.S. 

industrial base by, among other things, 

reducing incentives for foreign 

manufacturers to design out and avoid 

US-origin content and services; and (iii) 

allowing export control officials to focus 

government resources on transactions 

that pose greater national security, 

foreign policy, or proliferation concerns 

than those involving our NATO allies 

and other multi-regime partners. 

On April 16, 2013, BIS published a 

final rule setting forth the framework for 

adding to the CCL items that the 

President has determined no longer 

warrant control on the USML through 

the creation of ‘‘600 series’’ Export 

Control Classification Numbers (ECCNs) 

(78 FR 22660, April, 16, 2013) (herein 

the ‘‘April 16 (initial implementation) 

rule’’). The ‘‘600 series’’ structure is 

described in the preamble to that rule at 

pages 22661–22663 and 22691–22692 

and in regulatory text at page 22727 and 

is not repeated here. This rule follows 

that structure in creating new ECCNs to 

control energetic materials and related 

items, personal protective equipment, 

shelters and related items, military 

training equipment and related items, 

and articles related to launch vehicles, 

missiles, rockets, military explosives 

and related items on the CCL. 

The changes described in this rule 

and the State Department’s rule 

amending Categories IV, V, IX, X and 

XIV of the USML are based on a review 

of those categories by the Defense 

Department, which worked with the 

Departments of State and Commerce in 

preparing the amendments. The review 

was focused on identifying the types of 

articles that are now controlled by the 

USML that either (i) are inherently 

military and otherwise warrant control 

on the USML, or (ii) if of a type common 

to civil applications, possess parameters 

or characteristics that provide a critical 

military or intelligence advantage to the 

United States and that are almost 

exclusively available from the United 

States. If an article was found to satisfy 

either or both of those criteria, the 

article remains on the USML. If an 

article was found not to satisfy either 

criterion, but is nonetheless a type of 

article that is ‘‘specially designed’’ for 

military applications, then, generally, it 

is identified in one of the new ‘‘600 

series’’ ECCNs created by this rule. No 

articles from Category XVI—Nuclear 

Weapons Related Articles are identified 

in ‘‘600 series’’ ECCNs. 

Section 38(f) of the AECA (22 U.S.C. 

2778(f)) obligates the President to 

review periodically the USML ‘‘to 

determine what items, if any, no longer 

warrant export controls under’’ the 

AECA. The President must report the 

results of the review to Congress and 

wait 30 days before removing any such 

items from the USML. The report must 

‘‘describe the nature of any controls to 

be imposed on that item under any 

other provision of law’’ (22 U.S.C. 

2778(f)(1)). The Department of State 

made the congressional notification 

required by Section 38(f) of the AECA 

for removal of these items from the 

USML. 

All references to the USML in this 

rule are to the list of defense articles 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 265 

that are controlled for purposes of 

export, reexport, retransfer, temporary 

import, or brokering pursuant to the 

ITAR, and not to the list of defense 

articles on the United States Munitions 

Import List (USMIL) that are controlled 

by the Bureau of Alcohol, Tobacco, 

Firearms and Explosives (ATF) for 

purposes of permanent import under its 

regulations at 27 CFR Part 447. Pursuant 

to section 38(a)(1) of the AECA, all 

defense articles controlled for export or 

import, or that are subject to brokering 

controls, are part of the ‘‘USML’’ under 

the AECA. All defense articles described 

in the USMIL or the USML are subject 

to the brokering controls administered 

by the U.S. Department of State in part 

129 of the ITAR. The transfer of defense 

articles from the ITAR’s USML to the 

EAR’s CCL, for purposes of export 

controls, does not affect the list of 

defense articles controlled on the 

USMIL under the AECA for purposes of 

permanent import or brokering controls. 

On January 18, 2011, President Barack 

Obama issued Executive Order (EO) 

13563, affirming general principles of 

regulation and directing government 

agencies to conduct retrospective 

reviews of existing regulations. The 

revisions in this final rule are part of 

Commerce’s retrospective regulatory 

review plan under EO 13563. 

Commerce’s full plan, completed in 

August 2011, can be accessed at: http:// 

open.commerce.gov/news/2011/08/23/

commerce-plan-retrospective-analysisexisting-rules. 

Proposed Rules 

This rule implements amendments to 

the EAR proposed in the following four 

rules: 

• ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Control of Energetic Materials and 

Related Items That the President 

Determines No Longer Warrant Control 

Under the United States Munitions List 

(USML)’’, (RIN 0694–AF53) (77 FR 

25932, May 2, 2012) (herein ‘‘the May 

2 (energetic materials) rule’’); 

• ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Control of Personal Protective 

Equipment, Shelters, and Related Items 

the President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML),’’ (RIN 

0694–AF58) (77 FR 33688, June 7, 2012) 

(herein ‘‘the June 7 (protective 

equipment) rule’’); 

• ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Control of Military Training Equipment 

and Related Items the President 

Determines No Longer Warrant Control 

Under the United States Munitions List 

(USML)’’ (RIN 0694–AF54) (77 FR 

35310, June 13, 2012) (herein ‘‘the June 

13 (training equipment) rule’’); and 

• ‘‘Revisions to the Export 

Administration Regulations (EAR): 

Articles the President Determines No 

Longer Warrant Control Under the U.S. 

Munitions List That Are Related To 

Launch Vehicles, Missiles, Rockets, and 

Military Explosive Devices’’ (78 FR 

6750, January 31, 2013) (RIN 0694– 

AF56) (herein ‘‘the January 31 (launch 

vehicles) rule’’). 

BIS’ responses to those comments and 

changes that apply only to a single set 

of controlled items are addressed in 

discrete sections below. Discussion of 

changes made by this rule that apply 

more broadly (cross references to ECCN 

0A919, notes on forgings and castings, 

the United Nations reason for control, 

removal of the .y.99 paragraphs separate 

definitions for ‘‘accessories’’ and 

‘‘attachments’’ and the composition of 

the entries for software and technology) 

all follow immediately below. 

Broadly Applicable Changes Made by 

This Rule 

Cross References to ECCN 0A919 

In keeping with the pattern 

established in ‘‘Revisions to the Export 

Administration Regulations: Military 

Vehicles; Vessels of War; Submersible 

Vessels, Oceanographic Equipment; 

Related Items; and Auxiliary and 

Miscellaneous Items That the President 

Determines No Longer Warrant Control 

Under the United States Munitions List’’ 

(78 FR 40892) (July 8, 2013) (herein 

‘‘July 8 (vehicles, vessels and 

miscellaneous equipment) rule’’), this 

final rule adds to the ‘‘related controls’’ 

paragraph of Product Groups A, B, C, 

and D of the ‘‘600 series’’ ECCNs the 

following sentence: ‘‘See ECCN 0A919 

for foreign-made ‘military commodities’ 

that incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content.’’ This is a nonsubstantive change from what was 

proposed. 

Forgings and Castings 

The four proposed rules on which this 

rule is based included a note in ECCNs 

0A604.x, 1B608.x, 1A613.x, 0A614.x, 

0B614.x and 9A604.x which stated that: 

‘‘Forgings, castings, and other 

unfinished products, such as extrusions 

and machined bodies, that have reached 

a stage in manufacture where they are 

clearly identifiable by material 

composition, geometry, or function as 

commodities controlled by [ECCN].x are 

controlled by [ECCN].x.’’ 

This final rule adds the phrase 

‘‘mechanical properties’’ to notes in 

ECCNs 0A604.x, 1A613.x 0A604.x and 

9A604.x, because there may be 

circumstances when the mechanical 

properties, as well as the material 

composition, geometry or function, of a 

forging, casting, or unfinished product 

may have been altered specifically for a 

part or component controlled by one of 

those ECCNs. The omission of 

‘‘mechanical properties’’ from the lists 

in the proposed rules was an error that 

is being corrected in this rule. This final 

rule removes the note from ECCNs 

1B608.x and 0B614.x because it is not 

relevant to product group B ECCNs, 

which apply to test, inspection, and 

production equipment. 

United Nations (UN) Reason for Control 

None of the four proposed rules on 

which this rule is based included the 

United Nations (UN) reason for control 

in any of their ECCNs. Consistent with 

the April 16 (initial implementation) 

rule, this final rule includes the UN 

controls described in § 746.1(b) of the 

EAR in all of the ECCNs that it creates. 

These controls are consistent with the 

amendments contained in a final rule 

that BIS published on July 23, 2012 (77 

FR 42973), titled ‘‘Export and Reexport 

Controls to Rwanda and United Nations 

Sanctions under the Export 

Administration Regulations.’’ That rule 

amended § 746.1 of the EAR to describe 

the licensing policy that applies to 

countries subject to a United Nations 

Security Council (UNSC) arms embargo 

and to limit the use of license 

exceptions to such countries. Applying 

that licensing policy and related license 

exception restrictions to the new ‘‘600 

series’’ ECCNs that are created by this 

final rule is appropriate, because of the 

military nature of the items controlled 

under these new ECCNs. 

Paragraph .y.99 

The May 2 (energetic materials) rule, 

the June 7 (protective equipment) rule 

and the June 13 (training equipment) 

rule proposed including .y.99 

paragraphs to ECCNs 1B608, 1D608, 

1E608, 1A613, 1B613, 1D613, 1E613, 

0A614, 0B614, 0D614 and 0E614. Those 

paragraphs would have imposed the 

antiterrorism (AT Column 1) reason for 

control on items that would otherwise 

be controlled in that ECCN but that had 

been determined to be subject to the 

EAR in a commodity jurisdiction 

determination issued by the Department 

of State and that are not elsewhere 

identified on the CCL (i.e., were 

designated as EAR99). Applying the AT 

Column 1 reason for control would have 

increased the number of circumstances 

under which these items would require 

a license. As stated in the preamble to 

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266 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

the April 16 (initial implementation) 

rule (See 78 FR 22660, 22663, April 16, 

2013), BIS agreed with a commenter that 

the burden of tracking down and 

analyzing whether items formally 

determined not to be subject to the ITAR 

that were also EAR99 items because 

they were not identified on the CCL 

outweighs the once-contemplated 

organizational benefits of creating the 

.y.99 control. Such items have already 

gone through an interagency review 

process that concluded whether the 

items were subject to the ITAR. Thus, 

BIS has determined that any such items 

should retain EAR99 status if not 

otherwise identified on the CCL and this 

final rule does not contain any .y.99 

paragraphs. 

Accessories and Attachments 

The May 2 (energetic materials) rule, 

the June 7 (protective equipment) rule, 

and the June 13 (training equipment) 

rule enclosed the phrase ‘‘accessories 

and attachments’’ in quotation marks 

throughout their regulatory texts, in 

keeping with the July 15 (framework) 

rule, which proposed a single definition 

for that phrase. Subsequently, BIS 

published a proposed rule entitled 

‘‘ ‘Specially Designed’ Definition’’ (77 

FR 36409, June 19, 2012), which 

proposed, inter alia, creating separate, 

but identical definitions for 

‘‘accessories’’ and for ‘‘attachments’’ to 

allow for instances when only one of the 

terms would be used. The April 16 

(initial implementation) rule, which 

became effective on October 15, 2013, 

adopted that change as a final rule. 

Accordingly, this final rule identifies 

‘‘accessories’’ and ‘‘attachments’’ as 

separate terms wherever they appear 

throughout the regulatory text. 

Consistency of Controls 

This final rule diverges in certain 

instances from the four proposed rules 

on which it was based with respect to 

the composition of the ECCNs. Software 

and technology ECCNs related to end 

items, production or other equipment, 

or materials generally control software 

and technology for the development and 

production of those items, and for some 

combination of the following six 

elements: operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of those items. Separate 

technical teams determined the scope of 

control for different groups of ECCNs. 

As a result, different software and 

technology entries varied in the number 

and type of functions controlled. 

While this variation was not 

technically inappropriate and did not 

receive public comments when 

proposed in four separate rules, BIS is 

concerned that retaining this variation 

would complicate compliance. Standard 

text across ECCNs is a simpler 

approach. Therefore, each software 

ECCN in this final rule will control 

software for ‘‘development,’’ 

‘‘production,’’ operation, or 

maintenance of the relevant items. Each 

new ‘‘600 series’’ technology ECCN in 

this final rule will control technology 

for ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of those 

items. To the extent that a particular 

function does not apply to a particular 

item because no software or technology 

to perform the function with respect to 

that item exists, no burden is imposed. 

Controlling a larger number of functions 

in technology ECCNs is not an increase 

in burden, because all six functions are 

now controlled for technology on the 

USML. 

Similarly, all ‘‘production’’ 

‘‘equipment’’ ECCNs will control test, 

inspection, and production equipment 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of the relevant 

items. 

Military Training Equipment and 

Related Items 

Public Comments and BIS Responses 

BIS received comments from one 

individual and one organization in 

response to the June 13 (training 

equipment) rule. 

Comment: One commenter stated that 

the proposed rule (in combination with 

the Department of State’s June 13, 2012 

(military training equipment) rule) fails 

to cover some of the military training 

commodities and related test, inspection 

and production equipment, software 

and technology on the Wassenaar 

Arrangement Munitions List. This 

commenter pointed out WAML category 

ML14, which applies to military 

training equipment, uses terms such as 

‘‘specialized’’ and ‘‘modified for’’ in 

describing such equipment, whereas the 

June 13 (training equipment) rule used 

the term ‘‘specially designed.’’ The 

commenter suggested that the meanings 

of ‘‘specialized’’ and ‘‘modified for’’ 

could be broader than the meaning of 

‘‘specially designed.’’ This commenter 

also suggested that the U.S. Government 

should seek a change in the WAML to 

match the proposed changes to the EAR 

and not publish a final rule until such 

a change is adopted. 

Response: BIS believes that the 

definition of ‘‘specially designed,’’ 

which became effective on October 15, 

2013, in § 772.1 of the EAR, will not 

cause any of the gaps in coverage that 

this commenter suggests. The definition 

initially encompasses items ‘‘for use’’ in 

an article on the USML or an item on 

the CCL and then goes on to release 

items that meet one or more of six 

specific criteria. BIS believes that the 

term ‘‘for use in an article on the USML 

or an item on the CCL’’ covers anything 

that would be covered by the terms 

‘‘specialized’’ or ‘‘modified for’’ and that 

one of the six criteria releasing items 

from the definition would release 

anything that would not be covered by 

the terms ‘‘specialized’’ or ‘‘modified 

for.’’ Accordingly, BIS is making no 

changes to the rule and does not agree 

that a change to the WAML is needed 

before this rule is published. 

Comment: One commenter indicated 

that proposed ECCN 0D614, which 

applies to certain software directly 

related to military training equipment, 

is narrower than WAML category ML21, 

which applies to inter alia certain 

‘‘Software . . . for . . . equipment, 

materials or software, specified by the 

Munitions List,’’ leaving such software 

for software not subject to export license 

requirements despite its presence on the 

WAML. 

Response: BIS does not agree with 

this commenter’s interpretation of 

WAML category ML21. BIS believes that 

the phrase ‘‘specified by the Munitions 

List’’ in category ML21 refers to 

categories on the WAML that cover 

equipment, materials or software, not to 

WAML category ML21 itself, which 

applies to software generally. WAML 

category ML14 applies to military 

training equipment, which, in this rule, 

is covered by ECCN 0A614. ECCN 

0D614 applies to software for that 

equipment, thereby implementing the 

scope of WAML category ML21 as it 

applies to software for military training 

equipment. 

Comment: One commenter stated that 

the military training equipment in 

proposed ECCN 0A614 would overlap 

proposed ECCN 0A617.d test models for 

development of USML or 600 series 

items. 

Response: BIS does not agree that the 

overlap suggested by the commenter 

exists. ECCN 0A617.d (as published at 

78 FR 40892, 40913, July 8, 2013) will, 

when effective, apply to test models 

used in the ‘‘development’’ of defense 

articles controlled by USML Categories 

IV, VI, VII and VIII. The term 

‘‘development’’ is defined in the EAR to 

relate to activities that occur prior to 

serial production of an item (15 CFR 

772.1). ECCN 0A614 will apply to 

training equipment, which may include 

some models used for training, but any 

test models used at the development 

stage would be covered by ECCN 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 267 

0A617.d. BIS does not believe that any 

change in the wording of either ECCN 

is necessary to make this point. 

Comment: One commenter stated that 

proposed 0A614.a equipment for 

military training not in Category IX 

includes military trainer aircraft in 

proposed ECCN 9A610.a in the 

November 7 (aircraft) rule and in 

existing ECCN 9A991.a.2. 

Response: Proposed ECCN 0A614.a 

applies to training simulators. ECCN 

9A610.a, which has become effective 

since the commenter made this 

comment, and ECCN 9A991.a.2 apply to 

operational aircraft. Therefore, the 

duplication that the commenter suggests 

does not actually exist. 

Comment: One commenter objected to 

the .y.99 paragraphs in the ECCNs 

generally. The commenter pointed out 

that the .y.99 paragraphs imposed AT 

controls on items that previously had 

been classified by the U.S. government 

as EAR99. The other commenter stated 

that the header to ECCN 0A614.y is 

limited to parts, components, 

accessories and attachments, whereas 

paragraph .y.99 of that ECCN is not so 

limited. 

Response: BIS agrees that items 

previously determined to be EAR99 

should not be added to the 600 series as 

a result of this rule. Therefore, this final 

rule contains no .y.99 paragraphs. 

Comment: One commenter stated that 

commodities in proposed ECCN 0B614 

are included in existing ECCN 2B018 

and related software and technology for 

those ECCN 0B614 commodities in 

ECCNs 0D614 and 0E614 are included 

in existing ECCNs 2D018 and 2E018, 

respectively. 

Response: ECCN 2B018 covers certain 

enumerated equipment used in 

armaments manufacture. ECCN 0B614 

covers test, inspection and production 

equipment specially designed for 

military training equipment. Although 

some of that training equipment is used 

to train personnel in the use of 

armaments, BIS believes that there is 

little, if any, overlap between ECCNs 

0B614 and 2B018. In the event that such 

overlap exists, the order of review set 

forth in Supplement No. 4 to part 774 

of the EAR, which became effective on 

October 15, 2013 would give a 600 

series ECCN precedence over a non-600 

series ECCN, thereby unambiguously 

resolving any overlap in favor of ECCN 

0B614. In the same way, any overlap 

between ECCNs 0D614 and 2D018 or 

between ECCNs 0E614 and 2E018 that 

may exist would be unambiguously 

resolved in favor of ECCN 0D614 and 

0E614. Accordingly, BIS is making no 

changes to this final rule in response to 

this comment. 

Comment: One commenter stated that 

the coverage of ‘‘parts’’ and 

‘‘attachments’’ in ECCN 0A614.x and .y 

in effect extended the ECCN to things 

not covered on the WAML because the 

words ‘‘parts’’ and ‘‘attachments’’ do not 

appear on the WAML. 

Response: The only items listed in 

ECCN 0A614.y in the June 13 (training 

equipment) rule were in paragraph 

.y.99. As noted above, that paragraph 

has been removed from this final rule 

and because nothing else was in the .y 

paragraph, the entire paragraph has 

been removed from this final rule. 

Therefore, with respect to ECCN 

0A614.y, the commenter’s point has 

become moot. 

ECCN 0A614.x applies to certain 

‘‘specially designed’’ ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ for military training 

equipment. The WAML category ML14 

uses the phrase ‘‘specially designed 

components and attachments’’ for 

military training equipment. The words 

‘‘parts’’ and ‘‘accessories’’ are not used 

in describing things anywhere on 

WAML or on the Wassenaar 

Arrangement Dual-Use List. 

Nevertheless, longstanding practice has 

been to interpret the word 

‘‘components’’ in the WAML as 

including the types of things that are in 

the definitions of ‘‘accessories,’’ 

‘‘components,’’ and ‘‘parts’’ that became 

effective on October 15, 2013. Therefore, 

BIS concludes that removing the terms 

‘‘parts’’ and ‘‘attachments’’ from ECCN 

0A614.x would exclude things that are 

covered by WAML category ML14. 

Comment: One commenter stated that 

ECCNs 0A614.x and 0B614.y.99 cover 

parts and components for certain items 

on the USML that are not on the WAML. 

Additionally, that commenter stated 

that ECCNs 0D614 and 0E614, because 

they cover software and technology for, 

inter alia, ECCNs 0A614.x and 

0B614.y.99, cover software and 

technology that is not on the WAML. 

Response: ECCN 0B614.y has been 

removed from this final rule for the 

same reason that 0A614.y was removed 

as noted above, making the commenter’s 

remarks regarding paragraph .y moot. 

With respect to 0A614.x, 0D614 and 

0E614, BIS acknowledges that the 

USML applies to things that are not on 

the WAML. BIS is not aware of any 

statement by the Department of State, 

which administers the USML, or by any 

other unit of the U.S. Government that 

the USML is or should be or is intended 

to be limited to items that are on the 

WAML. The purpose of the ECCNs 

created by this rule (and all other 600- 

series ECCNs created as part of the 

President’s Export Control Reform 

Initiative) is to control on the CCL items 

that the President determines no longer 

warrant control under the USML 

without regard to whether those items 

are also on the WAML. Accordingly, BIS 

is making no changes to the rule in 

response to this comment. 

Revision to ECCN 9A610 to Avoid 

Duplicative Coverage Military 

Instrument Flight Trainers 

ECCN 9A610.t reads: ‘‘Military 

aircraft instrument flight trainers that 

are not ‘specially designed’ to simulate 

combat.’’ (See USML Cat IX for controls 

on such trainers that are ‘‘specially 

designed’’ to simulate combat.) The June 

13 (training equipment) rule proposed a 

note for ECCN 0A614.a that reads: 

‘‘Note: This entry includes operational 

flight trainers, radar target trainers, 

flight simulators for aircraft classified 

under ECCN 9A610.a, human-rated 

centrifuges, radar trainers for radars 

classified under ECCN 3A611, 

instrument flight trainers for military 

aircraft, navigation trainers for military 

items, target equipment, armament 

trainers, military pilotless aircraft 

trainers, mobile training units and 

training ‘equipment’ for ground military 

operations.’’ This rule removes the 

phrase ‘‘radar trainers for radars 

classified under 3A611’’ from that note. 

ECCN 3A611 is a proposed new ECCN 

that has not yet been incorporated into 

the EAR (see 77 FR 70945, 70952. 

November 28, 2012 and 78 FR 45026, 

45045, July 25, 2013). This change is 

needed to avoid referencing a nonexistent ECCN in a final rule. BIS 

expects that, as part of the ECR 

Initiative, a new ECCN 3A611 will be 

created, that it will control, inter alia, 

some radars and that ECCN 0A614 will 

control radar trainers for those radars. 

BIS expects to restore the phrase to this 

note when ECCN 3A611 is created. 

To remove duplicative coverage of 

military instrument flight trainers, this 

rule removes and reserves ECCN 

9A610.t. BIS believes that this structure 

will make the EAR more consistent by 

classifying all military training 

equipment that is not on the USML 

under ECCN 0A614. Trainer aircraft 

would continue to be either in ECCN 

9A610.a or in USML Category VIII or in 

ECCN 9A991. 

Revision to 0A614 to be Consistent With 

‘‘600 Series’’ Order of Review 

In addition to the changes made in 

response to the public comments 

described above, this rule removes from 

ECCN 0A614.x text that appeared in the 

proposed rule, which would have 

excluded from that ECCN items that 

appear elsewhere on the CCL. This 

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268 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

change is made to be consistent with the 

CCL order of review in Supplement No. 

4 to part 774 of the EAR, which became 

effective on October 15, 2013. That 

order of review gives for 600 series 

ECCNs precedence over other ECCNs. 

Energetic Materials and Related Items 

BIS received comments from six 

parties in response to the May 2 

(energetic materials) rule. 

ECCN 1C111.a.1 (Aluminum Powder) 

Comment: Two commenters noted 

that the Related Definitions paragraph 

in ECCN 1C111 indicated particle size 

must be determined ‘‘through the use of 

best industrial practices,’’ while 

proposed ECCN 1C111.a.1.a limited the 

methods for determining particle size to 

the following methods: (1) ISO 

2591:1988 (sieving techniques); or (2) 

national equivalents, such as JIS Z8820 

(sedimentation). As an alternative, the 

respondents recommended that the 

‘‘Light Scattering’’ method be used to 

determine particle size distribution in 

metal powders, as described by ASTM 

standard B 822–02, which is widely 

used in the metal powder industry and 

in the manufacture of propellants. 

Response: This final rule retains the 

method of determining particle size 

‘‘according to ISO 2591:1988 or national 

equivalents,’’ but eliminates the specific 

reference in ECCN 1C111.a.1 to JIS 

Z8820. BIS made this change to clarify 

that ECCN 1C111.a.1 does not limit 

exporters to using only the JIS Z8820 

standard if they choose to determine 

particle size by using ‘‘national 

equivalents’’ to ISO 2591:1988. 

Comment: Three commenters noted 

that ECCN 1C111.a.1, as proposed to be 

amended by the May 2 (energetic 

materials) rule, appeared to be a 

combination of the then current CCL 

controls on aluminum powder (as 

proposed in ECCN 1C111.a.1.a) and the 

then current USML Category V controls 

(as proposed in ECCN 1C111a.1.b), 

neither of which clearly described the 

aluminum powders subject to control. 

Two of the commenters also indicated 

that the controls in ECCN 1C111.a.1 

should include more specific 

parameters for particle size. 

Response: This final rule amends 

ECCN 1C111.a.1 consistent with the 

controls in Category II, Item 4.C.2.c of 

the Missile Technology Control Regime 

(MTCR) Annex, which controls: 

‘‘Spherical or spheroidal aluminum 

powder (CAS 7429–90–5) in particle 

size of less than 200 x 10¥6 m (200 mm) 

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 mm, according to ISO 

2591:1988 or national equivalents.’’ 

These revised controls provide a 

specific upper limit on particle size (i.e., 

all particles that have a particle size of 

less than 200 x 10¥6 m (200 mm) and 

that meet all of the other technical 

characteristics indicated in ECCN 

1C111.a.1, including 10% of the total 

weight consisting of particles of less 

than 63 mm, are subject to control under 

this ECCN). 

Comment: Two commenters 

expressed their concern that, within the 

context of ECCN 1C111.a.1.b as 

proposed by the May 2 (energetic 

materials) rule, the meaning of the term 

‘‘spheroidal’’ was not clear and, 

furthermore, neither was the method by 

which the percentage of ‘‘spheroidal’’ 

particles would be measured (in 

determining whether more than 50% of 

the particles are ‘‘spheroidal’’). 

Response: As noted above, this final 

rule addresses the commenters’ 

concerns by amending ECCN 1C111.a.1 

to be consistent with the controls in 

Category II, Item 4.C.2.c of the MTCR 

Annex and by removing the controls in 

proposed ECCN 1C111.a.1.b. ECCN 

1C111.a.1, as amended by this final rule, 

uses the term ‘‘spheroidal,’’ in 

conjunction with the term ‘‘spherical,’’ 

to describe the types of aluminum 

powder that are subject to control under 

this ECCN. 

Comment: Two commenters 

recommended that spherical or 

spheroidal aluminum powder be made 

subject to less stringent controls than 

those described in the proposed 

amendments to ECCN 1C111.a.1 in the 

May 2 (energetic materials) rule. That 

rule proposed controlling spherical or 

spheroidal aluminum powder for both 

missile technology (MT) and AT reasons 

to destinations indicated under MT 

Column 1 and AT Column 1, 

respectively, on the Commerce Country 

Chart (Supplement No. 1 to part 738 of 

the EAR). In support of their 

recommendation, the commenters noted 

the use of aluminum powders in a wide 

range of predominately commercial and 

civil applications, including the 

production of conductive inks for 

photovoltaic applications, automotive 

pigments, thermal spray applications, 

refractory materials, and heat 

management devices and, in addition, 

cited the widespread availability of 

technology for the production of 

spherical or spheroidal aluminum 

powder. 

Response: This final rule does not 

adopt the commenters’ 

recommendation. The spherical or 

spheroidal aluminum powder described 

in ECCN 1C111.a.1, as amended by this 

final rule, is identified under Category 

II, Item 4.C.2.c of the MTCR Annex. 

Therefore, consistent with U.S. 

obligations as a participating country in 

the MTCR, this final rule controls 

spherical or spheroidal aluminum 

powder for MT reasons (as well as AT 

reasons) and requires a license to all 

destinations indicated under MT 

Column 1 on the Commerce Country 

Chart (i.e., all countries, except for 

Canada). 

ECCN 1C111.a.3.f (Chlorine Trifluoride) 

Comment: One commenter 

recommended that BIS restrict the 

application of MT controls on chlorine 

trifluoride, as proposed to be controlled 

under ECCN 1C111.a.3.f in the May 2 

(energetic materials) rule, by creating an 

exemption from MT controls for 

chlorine trifluoride that is purified and 

packaged in commercial quantities for 

civil applications. Specifically, the 

respondent recommended that BIS add 

a Note to ECCN 1C111.a.3.f to read as 

follows: ‘‘Chlorine trifluoride is not 

controlled for MT reasons when 

purified and packaged in commercial 

quantities for civil applications.’’ 

Response: This final rule does not 

adopt the commenter’s 

recommendation. Chlorine trifluoride, 

which is described in ECCN 1C111.a.3.f 

as amended by this final rule, is 

identified under Category II, Item 

4.C.4.a.6 of the MTCR Annex and, prior 

to the effective date of this final rule, 

continues to be controlled for MT/AT/ 

UN reasons under ECCN 1C018.m and 

for NP/AT reasons under ECCN 1C238. 

Consistent with U.S. obligations as a 

participating country in the text of the 

MTCR Annex and the Nuclear Suppliers 

Group Dual-Use Annex (Item 2.C.6), this 

final rule amends ECCN 1C111 to 

control chlorine trifluoride under ECCN 

1C111.a.3.f for MT/NP/AT reasons. 

ECCN 1C111.b.2 (Hydroxy-Terminated 

Polybutadiene (Including Hydroxyl— 

Terminated Polybutadiene) (HTPB)) 

Comment: One commenter 

recommended that BIS authorize 

exports and reexports of Hydroxylterminated polybutadiene (‘‘HTPB’’), 

under the Special Comprehensive 

License (SCL) procedure, by amending 

§ 752.3(a)(1) of the EAR to remove the 

restriction on the eligibility of MTcontrolled items. The commenter also 

recommended that ‘‘sample shipments’’ 

of HTPB be excluded from control 

under ECCN 1C111. In support of these 

recommendations, the commenter noted 

the following: (1) HTPB resin products 

are a staple of the manufacturing 

process for a broad range of commercial 

sectors (e.g., automotive, electronic); (2) 

HTPB is widely available and is 

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manufactured in every continent; and 

(3) many MTCR-participating countries 

are leading exporters of HTPB and the 

lack of parity in the way various 

countries interpret their MTCR 

obligations provides an unfair advantage 

to non-U.S. manufacturers of HTPB 

products. 

Response: This final rule does not 

adopt the commenter’s 

recommendations. HTPB, which is 

described in ECCN 1C111.b.2 as 

amended by this final rule, is identified 

under Category II, Item 4.C.5.b of the 

MTCR Annex. The controls on HTPB, as 

described in ECCN 1C111.b.2, are 

consistent with U.S. obligations as a 

participating country in the MTCR. 

Specifically, HTPB requires a license for 

MT reasons under MT Column 1, which 

includes all destinations except for 

Canada. Furthermore, neither this final 

rule nor the State Department’s 

companion rule change the controls that 

apply to HTPB. ECCN 1C111.b.2, as 

amended by this final rule, continues to 

control Hydroxy-terminated 

polybutadiene (including hydroxylterminated polybutadiene) (HTPB), 

except for 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 °C of less than 47 poise 

(CAS 69102–90–5), which remains 

subject to the ITAR (see 22 CFR 121.1, 

Category V). The export controls on 

HTPB that are administered by DDTC 

are consistent with those described in 

WAML 8.e.12. This final rule amends 

the control text in ECCN 1C111.b.2 to 

clarify the scope of the EAR controls on 

HTPB by including a reference to the 

related USML Category V controls 

described above. 

Controls on Certified Reference 

Standards, Certified Reference Materials 

and Standard Reference Materials (CRS) 

Comment: One commenter 

recommended the removal from USML 

Category V and the addition to the CCL 

of Certified Reference Standards, 

Certified Reference Materials and 

Standard Reference Materials (referred 

to collectively as CRS) that contain trace 

amounts of certain chemicals controlled 

under USML Category V. Specifically, 

the commenter proposed that a new 

ECCN 1C994 be added to the CCL to 

control CRS that contain less than 0.5 

grams total quantity of one or more 

USML Category V chemicals, provided 

that: (1) The total amount of the 

controlled chemicals comprises less 

than or equal to one percent of the total 

quantity of the CRS; and (2) the mixture 

or compound lacks explosive 

characteristics. As an alternative, the 

commenter recommended controlling 

such mixtures or compounds under new 

ECCN 1C608.o on the CCL. In 

conjunction with this recommended 

change to the CCL, the commenter also 

recommended that a new interpretation 

be added to USML Category V to 

exclude such mixtures or compounds 

from control under Category V. 

Response: This final rule does not 

adopt the commenter’s 

recommendation. The commenter 

submitted substantially the same 

recommendation in a comment to the 

State Department’s proposed rule to 

revise USML Category V (77 FR 25944, 

May 2, 2012) that was published 

simultaneously with the May 2 

(energetic materials) rule. The 

Department of State final rule that is 

being published simultaneously with 

this rule did not adopt that 

recommendation because: ‘‘For two of 

these items—RDX and its derivatives 

and HMX and its derivatives—the 

MTCR Annex does not provide for a 

minimum level for establishing control 

as a munitions item. For the other two— 

Tetryl and 1,3,5-trichlorobenezene—the 

Department [of State] determined that 

there is no minimum level for 

identifying military utility or lack 

thereof. Therefore, the Department did 

not accept this recommendation.’’ BIS 

concurs with this decision of the 

Department of State and because the 

chemicals are not being removed from 

the USML, they cannot be added to the 

CCL. 

Correspondence Between the BIS and 

State Category V Proposed Rules and 

WAML 8 (Energetic Materials and 

Related Substances) 

Comment: One commenter stated that 

certain amendments contained in the 

BIS May 2 (energetic materials) rule, 

and the companion State rule, did not 

fully correspond with the scope of 

WAML category 8 ‘‘Energetic materials 

and related substances.’’ Specifically, 

the commenter indicated that the two 

proposed rules did not cover the 

following WAML items: 8.a.34 (to the 

extent not covered by proposed ECCN 

1C608.n); 8.b.1; 8.b.2 (to the extent not 

covered by proposed USML Category 

V.b.1); 8.b.6 (to the extent not covered 

by proposed ECCN 1C608.h or .k); 8.e.6 

(to the extent not covered by proposed 

ECCN 1C608.n); and 8.f.4.e (to the 

extent not covered by proposed USML 

Cat V.f.4.v to .f.4.xv). 

Response: The specific WAML 

category 8 items cited by the commenter 

as not being addressed by the BIS May 

2 (energetic materials) rule and the 

companion State rule, are, in fact, 

addressed by the catch-all text in new 

‘‘600 series’’ ECCN 1C608.n. In this final 

rule, ECCN 1C608.n reads as follows: 

‘‘Any explosives, propellants, oxidizers, 

pyrotechnics, fuels, binders, or 

additives that are ‘specially designed’ 

for military application and not 

enumerated in USML Category V or 

elsewhere on the USML.’’ This final rule 

amends ECCN 1C608.n, as proposed by 

the May 2 (energetic materials) rule, by 

revising the phrase ‘‘. . . not listed 

elsewhere in USML Category V or the 

CCL’’ to read ‘‘. . . not enumerated in 

USML Category V or elsewhere on the 

USML.’’ This change is consistent with 

Supplement No. 4 to part 774 of the 

EAR, which, gives ‘‘600 series’’ ECCNs 

precedence over non-‘‘600 series’’ 

ECCNs when classifying an item. This 

supplement became effective on October 

15, 2013. Consequently, items that meet 

the general description in ECCN 

1C608.n and that are not enumerated in 

USML Category V, or enumerated 

elsewhere on the USML, are controlled 

under ECCN 1C608.n. 

Comment: One commenter indicated 

that the BIS May 2 (energetic materials) 

rule and the companion State rule 

contain duplicative coverage of the 

following items: Inhibited red fuming 

nitric acid (IRFNA) (proposed USML 

Category V.d.10 and proposed ECCN 

1C111.a.3.e); HTPB (proposed USML 

Category V.e.7 is a subset of proposed 

ECCN 1C111.b.2); chlorine trifluoride 

(proposed ECCN 1C111.a.3.f and current 

ECCN 1C238); and spherical aluminum 

powder (proposed ECCN 1C111.a.1.b is 

a subset of proposed ECCN 1C111.a.1.a). 

Response: (1) IRFNA: Although the 

controls on ‘‘inhibited red fuming nitric 

acid’’ (IRFNA) in the BIS May 2 

(energetic materials) rule and the 

companion State rule are similar, they 

were derived from different sources. 

The BIS rule proposed to amend ECCN 

1C111 to control IRFNA under ECCN 

1C111.a.3.e., using control text 

consistent with the IRFNA controls 

described in the MTCR Annex, Category 

II, Item 4.C.4.a.5. In State’s companion 

rule, the IRFNA controls conformed 

with the controls described in WAML 

8.d.10, which states, ‘‘Liquid oxidizers 

comprised of or containing inhibited red 

fuming nitric acid (IRFNA) (CAS 8007– 

58–7).’’ To avoid confusion based on the 

similarity between these two sets of 

controls, this final rule does not add 

IRFNA to ECCN 1C111. Instead, State’s 

companion final rule will control 

IRFNA consistent with both the MTCR 

and WAML controls, and this rule adds 

a note to the ‘‘Related Controls’’ 

paragraph of ECCN 1C111 referring 

readers to USML Category V(d)(10) for 

controls on IRFNA. 

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(2) HTPB: As noted earlier, neither 

this final rule nor State’s companion 

final rule changes the controls that 

apply to HTPB. The export controls on 

HTPB that are administered by DDTC 

are consistent with those described in 

WAML 8.e.12. The controls 

administered by BIS under ECCN 

1C111.b.2, are consistent with those 

described in MTCR Annex, Category II, 

Item 4.C.5.b. To avoid any suggestion of 

a partial overlap in the HTPB controls 

maintained by BIS and State, this final 

rule amends ECCN 1C111.b.2 to clarify 

the scope of the EAR controls on HTPB 

by including a reference to the related 

USML Category V controls, which apply 

to 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 °C of less than 47 poise 

(CAS 69102–90–5). 

(3) Chlorine trifluoride: As discussed 

previously, BIS’s May 2 (energetic 

materials) rule did not propose to 

control chlorine trifluoride under both 

ECCN 1C111.a.3.f and ECCN 1C238. 

That rule proposed to remove ECCN 

1C238 from the CCL, per amendatory 

instruction #8 (see 77 FR 25942). 

However, prior to the effective date of 

this final rule, chlorine trifluoride 

continues to be controlled for MT/AT/ 

UN reasons under ECCN 1C018.m and 

for NP/AT reasons under ECCN 1C238. 

(4) Spherical aluminum powder: BIS’s 

May 2 (energetic materials) rule 

proposed to amend ECCN 1C111.a.1 to 

control, under ECCN 1C111.a.1.a, 

spherical aluminum powder not 

controlled by proposed 1C111.a.1.b in 

particle size of less than 200 x 10¥6 m 

(200 mm) and an aluminum content of 

97% by weight or more, if at least 10 

percent of the total weight is made up 

of particles of less than 63 mm, 

according to ISO 2591:1988 or national 

equivalents. ECCN 1C111.a.1.b, as 

proposed, would have controlled 

aluminum powder having all of the 

following characteristics: (i) Greater 

than 99% purity; (ii) greater than 50% 

of the particles being spheroidal, or 

produced by a gas atomization process 

using an inert gas such as nitrogen; and 

(iii) a particle size less than 60 microns. 

BIS agrees with the commenter’s 

assessment that the controls described 

in proposed ECCN 1C111.a.1.a and 

.a.1.b, respectively, overlapped to some 

degree. Consequently, as noted above, 

this final rule revises new ECCN 

1C111.a.1 to be consistent with the 

controls in Category II, Item 4.C.2.c of 

the MTCR Annex. 

Comment: One commenter indicated 

that BIS’s May 2 (energetic materials) 

rule listed the following items in 

proposed new ECCN 1C608.a through .g 

and 1C608.j that are not identified in 

WAML 8: propellants having 

nitrocellulose with nitrogen content 

greater than 12.6%; shock tubes, 

cartridge power devices, detonators, 

igniters, oil well cartridges, boosters, 

and commercial pyrotechnic devices. 

Response: The items in proposed new 

ECCN 1C608 that the commenter has 

identified as not listed in WAML 8 are 

defense articles that, prior to the 

effective date of this final rule, will 

continue to be controlled under certain 

catch-all provisions in USML Category 

V. Most of the defense articles that the 

President has determined no longer 

warrant control on the USML, are 

controlled under ‘‘600 series’’ ECCNs on 

the CCL. In some instances, BIS follows 

this approach even when an item is not 

specifically identified on the WAML. In 

deciding whether a particular item 

should be controlled under a ‘‘600 

series’’ ECCN, BIS considers whether 

the inherent or unique military or 

intelligence applicability of the item 

warrants, at a minimum, the level of 

control that is typically applicable 

under ‘‘600 series’’ ECCNs (i.e., NS, RS, 

and UN, except for those items 

identified under the .y paragraphs of 

these ECCNs, which are subject to AT 

controls only). 

Changes to Controls on Energetic 

Materials Made by This Rule 

This final rule creates four new ‘‘600 

series’’ ECCNs in CCL Category 1 

(ECCNs 1B608, 1C608, 1D608, and 

1E608) and amends ECCN 1C111 to 

control some of the aluminum powder 

and hydrazine, and derivatives thereof, 

controlled under Category V of the 

USML prior to the effective date of this 

rule. In addition, this rule controls 

‘‘equipment’’ for the ‘‘production’’ of 

explosives and solid propellants, 

previously classified under ECCN 

1B018.a, and related ‘‘software,’’ 

previously classified under ECCN 

1D018, under new ECCNs 1B608 and 

1D608, respectively. Similarly, this rule 

removes commercial charges and 

devices containing energetic materials 

from control under ECCN 1C018 and 

controls them under new ECCN 1C608, 

instead (except for chlorine trifluoride, 

which is controlled under ECCN 

1C111.a.3.f). In a corresponding change, 

ECCN 1C238, which controlled chlorine 

trifluoride together with ECCN 

1C018.m, is removed from the CCL. This 

rule also makes conforming changes to 

ECCNs 1C239, 1E001, 1E101, and 

1E201. These amendments are 

discussed in more detail below. 

New ECCN 1B608 (Test, Inspection, and 

Production ‘‘Equipment’’ and Related 

Commodities ‘‘Specially Designed’’ for 

the ‘‘Development’’ or ‘‘Production’’ of 

Commodities Enumerated in ECCN 

1C608 or USML Category V) and ECCN 

1B018 Amended 

Paragraph .a of ECCN 1B608 controls 

test, inspection, and production 

‘‘equipment’’ ‘‘specially designed’’ for 

the ‘‘production’’ of energetic materials 

and related commodities controlled by 

new ECCN 1C608 or USML Category V 

and not elsewhere specified on the 

USML. This ‘‘equipment’’ includes 

items controlled under ECCN 1B018.a.2 

or .a.3 prior to the effective date of this 

rule. Paragraph .b of ECCN 1B608 

controls complete installations not 

enumerated on the USML, including 

complete installations controlled under 

ECCN 1B018.a.1 prior to the effective 

date of this rule, that are ‘‘specially 

designed’’ for the ‘‘production’’ of 

energetic materials and related 

commodities controlled by new ECCN 

1C608 or USML Category V. Paragraph 

.c of ECCN 1B608 controls 

environmental test facilities that are 

‘‘specially designed’’ for the 

certification, qualification, or testing of 

items controlled by new ECCN 1C608 or 

USML Category V. Paragraphs .d 

through .w are reserved. Paragraph .x 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ 

(including certain unfinished products 

that have reached a stage in 

manufacturing where they are clearly 

identifiable as commodities controlled 

by paragraph .x) that are ‘‘specially 

designed’’ for a commodity controlled 

under paragraph .a, .b, or .c of ECCN 

1B608 or a defense article in USML 

Category V and are not elsewhere 

specified on the USML. These ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ include ‘‘specially 

designed’’ ‘‘parts’’ and ‘‘components’’ 

controlled under ECCN 1B018.a.4 prior 

to the effective date of this rule. 

Incorporating ECCN 1B018.a items into 

new ECCN 1B608 is consistent with the 

regulatory construct described in the 

April 16 (initial implementation) rule, 

under which WAML items in certain 

018 ECCNs are consolidated with former 

USML items into ‘‘600 series’’ ECCNs. 

ECCN 1B018, as amended by this final 

rule, cross references ECCN 1B608, and 

ECCN 1B018.a is removed and reserved. 

New ECCN 1C608 (Energetic Materials 

and Related Commodities) and ECCN 

1C018 Amended 

ECCN 1C608.a controls single base, 

double base, and triple base propellants 

having nitrocellulose with a nitrogen 

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content greater than 12.6 percent in the 

form of either: (i) Sheetstock or carpet 

rolls or (ii) grains with a diameter 

greater than 0.10 inches. Paragraphs .b 

through .m of ECCN 1C608 control 

commercial charges and devices 

(containing energetic materials) 

controlled under ECCN 1C018.b through 

.m prior to the effective date of this rule. 

This rule also reserves ECCN 1C608.i 

consistent with the format of the List of 

Items Controlled in ECCN 1C018, where 

ECCN 1C018.i is reserved. However, a 

Note following 1C608.m indicates that 

chlorine trifluoride, controlled under 

ECCNs 1C018.m and 1C238 prior to the 

effective date of this final rule, will be 

controlled under ECCN 1C111.a.3.f 

only, and not under new ECCN 1C608. 

Incorporating ECCN 1C018 items into 

new ECCN 1C608 is consistent with the 

regulatory construct described in the 

April 16 (initial implementation) rule, 

under which WAML items in certain 

018 ECCNs are consolidated with former 

USML items into ‘‘600 series’’ ECCNs. 

ECCN 1C018, as amended, crossreferences ECCN 1C608 and other 

ECCNs that control commercial charges 

and devices containing energetic 

materials. ECCN 1C608.n controls any 

explosives, propellants, oxidizers, 

pyrotechnics, fuels, binders, or 

additives that are ‘‘specially designed’’ 

for military application and not listed in 

USML Category V or elsewhere on the 

USML. 

New ECCN 1D608 (‘‘Software’’ 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ 

Operation, or Maintenance of 

Commodities Controlled by 1B608 or 

1C608) and ECCN 1D018 Amended 

ECCN 1D608.a controls ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by new ECCN 

1B608 or 1C608. This ‘‘software’’ 

includes ‘‘software’’ controlled by ECCN 

1D018, prior to the effective date of this 

final rule, for ‘‘equipment’’ in ECCN 

1B018.a that is being moved to new 

ECCN 1B608 by this final rule. 

Incorporating ECCN 1D018 ‘‘software’’ 

for ECCN 1B018.a items into new ECCN 

1D608 is consistent with the regulatory 

construct described in the April 16 

(initial implementation) rule, under 

which WAML items in 018 ECCNs are 

consolidated with former USML items 

into ‘‘600 series’’ ECCNs. ECCN 1D018, 

as amended by this final rule, crossreferences ECCN 1D608. Paragraph .b of 

ECCN 1D608 is reserved. 

New ECCN 1E608 (‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul, or 

Refurbishing of Equipment Controlled in 

1B608 or Materials Controlled by 1C608) 

ECCN 1E608.a controls ‘‘technology’’ 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of items controlled by 

ECCN 1B608 or 1C608. This 

‘‘technology’’ includes ‘‘technology’’ 

controlled by ECCN 1E001, prior to the 

effective date of this final rule, for 

‘‘equipment’’ in ECCN 1B018.a that is 

being moved to new ECCN 1B608 by 

this final rule. Accordingly, ECCN 

1E001 is amended to exclude both 

‘‘technology’’ for 1B018.a items that are 

being moved to new ECCN 1B608 and 

‘‘technology’’ for new ECCN 1C608 

items and to cross reference ECCN 

1E608 (the amendments to ECCN 1E001 

are described in more detail, below). 

Paragraph .b of 1E608 controls 

‘‘technology’’ for the ‘‘development’’ or 

‘‘production’’ of nitrocellulose with a 

nitrogen content over 12.6 percent and 

at rates greater than 2000 pounds per 

hour. Paragraph .c of 1E608 controls 

‘‘technology’’ for the ‘‘development’’ or 

‘‘production’’ of nitrate esters (e.g., 

nitroglycerine) at rates greater than 2000 

pounds per hour. 

ECCN 1C111 Amended and ECCN 

1C238 Removed 

This final rule amends ECCN 1C111 

by adding under 1C111.a and 1C111.d, 

respectively, aluminum powder and 

hydrazine and derivatives thereof, 

which the President has determined no 

longer warrant control under USML 

Category V. These items are added to 

ECCN 1C111 because they possess 

characteristics that are more similar to 

the propellants, and constituent 

chemicals therefor, that are controlled 

under ECCN 1C111 than the energetic 

materials that are controlled under new 

ECCN 1C608. Like the items controlled 

under ECCN 1C111 prior to the effective 

date of this final rule, these additional 

items are subject to missile technology 

(MT Column 1) controls and antiterrorism (AT Column 1) controls, 

except for symmetrical dimethyl 

hydrazine in ECCN 1C111.d.3, which is 

controlled for regional stability (RS 

Column 1) and anti-terrorism (AT 

Column 1) reasons. In addition, this 

final rule amends the Related Controls 

paragraph in ECCN 1C111 to indicate 

that ECCN 1C608 controls oxidizers that 

are composed of fluorine (and also other 

halogens, oxygen, or nitrogen), except 

for chlorine trifluoride, which is 

controlled under ECCN 1C111.a.3.f. 

As noted in the response to 

comments, prior to the effective date of 

this final rule, chlorine trifluoride will 

continue to be controlled under both 

ECCNs 1C018.m and 1C238; ECCN 

1C018.m controls chlorine trifluoride 

for MT, UN and AT reasons while ECCN 

1C238 controls chlorine trifluoride for 

NP reasons. Upon the effective date of 

this final rule, chlorine trifluoride will 

be removed from ECCNs 1C018.m and 

1C238 and controlled under ECCN 

1C111.a.3.f only. This final rule does 

not also control chlorine trifluoride 

under ECCN 1C608.m, because chlorine 

trifluoride is not on the WAML and, 

consequently, is not subject to NS 

controls. Accordingly, this final rule 

amends ECCN 1C111 to control chlorine 

trifluoride under ECCN 1C111.a.3.f for 

MT, NP and AT reasons. RS controls 

will not apply to chlorine trifluoride 

under ECCN 1C111 (as would normally 

be the case with items controlled under 

a ‘‘600 series’’ ECCN), because such 

controls cover the same destinations as 

MT Column 1 restrictions. Because 

chlorine trifluoride is the only item 

controlled under ECCN 1C238, this 

ECCN is being removed from the CCL. 

ECCN 1C239 Amended 

This final rule amends ECCN 1C239 

by revising the Related Controls 

paragraph in the List of Items Controlled 

section to remove the reference to ECCN 

1C018 and replace it with a reference to 

new ECCN 1C608. The reason for this 

change is that the commercial charges 

and devices (containing energetic 

materials) controlled under ECCN 

1C018.b through .m will be controlled 

under new ECCN 1C608.b through .m 

upon the effective date of this final rule. 

In addition, this final rule corrects the 

erroneous ITAR citation in the Related 

Controls paragraph to read 22 CFR 

121.1. 

ECCN 1E001 Amended 

This final rule amends ECCN 1E001 

by revising the ECCN heading to 

exclude ‘‘technology’’ for items that, 

upon the effective date of this final rule, 

will be controlled under new ECCN 

1B608 or 1C608 and by amending the 

Related Controls paragraph in the List of 

Items Controlled to include a reference 

to new ECCN 1E608. The heading of 

ECCN 1E001 also is amended to exclude 

‘‘technology’’ for items in new ECCN 

1B613 from control under this ECCN, 

because such ‘‘technology’’ is controlled 

under new ECCN 1E613 (this 

conforming change reflects the addition 

of new ECCNs 1A613, 1B613, 1D613 

and 1E613, which are also being added 

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272 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

to the CCL by this final rule and are 

described elsewhere in the preamble). In 

addition, this rule amends the nuclear 

nonproliferation (NP) controls 

paragraph in the License Requirements 

section of ECCN 1E001 to include 

‘‘technology’’ for ECCN 1C111 items 

controlled for NP reasons (i.e., chlorine 

trifluoride in ECCN 1C111.a.3.f). As a 

result of this change and the addition of 

chlorine trifluoride to ECCN 1C111, as 

described above, ‘‘technology’’ for the 

‘‘development’’ or ‘‘production’’ of 

chlorine trifluoride (ClF3) will be 

controlled under ECCN 1E001 for 

missile technology (MT Column 1), 

nuclear nonproliferation (NP Column 1), 

and anti-terrorism (AT Column 1) 

reasons. 

In addition, this final rule amends the 

reference to ECCN 1E002.g, in the 

Related Controls paragraph of ECCN 

1E001, to address control libraries 

(parametric technical databases) 

specially designed or modified to enable 

equipment to perform the functions of 

equipment controlled under either 

1A004.c (Nuclear, biological and 

chemical (NBC) detection systems) or 

1A004.d (Equipment for detecting or 

identifying explosives residues). Adding 

1A004.d as a cross reference corrects an 

inadvertent but non-substantive 

omission in the EAR as ECCN 1E002.g 

refers to both 1A004.c and 1A004.d. 

ECCN 1E101 Amended 

This final rule amends the License 

Requirements section of ECCN 1E101, 

consistent with the ‘‘technology’’ 

controls of the Nuclear Suppliers Group 

(NSG), to apply nuclear nonproliferation 

(NP Column 1) controls to ‘‘use’’ 

‘‘technology’’ for ECCN 1C111 items 

controlled for NP reasons (i.e., chlorine 

trifluoride in ECCN 1C111.a.3.f). As a 

result of this change, ‘‘use’’ 

‘‘technology’’ for chlorine trifluoride 

will be controlled for nuclear 

nonproliferation (NP Column 1), missile 

technology (MT Column 1), and antiterrorism (AT Column 1) reasons under 

ECCN 1E101. This change is consistent 

with the amendment in this final rule to 

remove chlorine trifluoride from ECCNs 

1C018.m and 1C238 and control 

chlorine trifluoride exclusively under 

ECCN 1C111.a.3.f . Prior to the effective 

date of this final rule, ‘‘use’’ 

‘‘technology’’ for chlorine trifluoride 

will continue to be controlled under 

ECCN 1E201 for nuclear 

nonproliferation (NP Column 1) and 

anti-terrorism (AT Column 1) reasons, 

only. Once this final rule becomes 

effective, it will amend ECCN 1E201 to 

remove ‘‘use’’ ‘‘technology’’ for chlorine 

trifluoride. 

ECCN 1E201 Amended 

This final rule amends ECCN 1E201 

by revising the ECCN heading to remove 

‘‘technology’’ for ECCN 1C238 items 

(i.e., chlorine trifluoride) consistent 

with the ECCN 1C111 and 1E101 

changes described above, whereby 

chlorine trifluoride will be controlled 

under ECCN 1C111.a.3.f only and ECCN 

1E101 will be amended to control ‘‘use’’ 

‘‘technology’’ for chlorine trifluoride. 

Conforming Amendments to ECCNs 

1A008, 1C011, and 1C992 

This final rule also revises the Related 

Controls paragraphs in ECCNs 1A008 

and 1C011 and both the Related 

Controls and Related Definitions 

paragraphs in ECCN 1C992 to reflect the 

addition of new ‘‘600 series’’ ECCN 

1C608, as described above. 

Changes to the EAR Amendments 

Proposed in the May 2 (Energetic 

Materials) Rule 

Changes To Make New ECCNs 1B608 

and 1C608 Consistent With the CCL 

Order of Review 

Supplement No. 4 to part 774 of the 

EAR provides an ‘‘Order of review’’ that 

gives ‘‘600 series’’ ECCNs precedence 

over non-‘‘600 series’’ ECCNs when 

classifying an item. Accordingly, the 

controls in ECCN 1B608.a, .b, and .x in 

this final rule differ from the controls 

proposed in the May 2 (energetic 

materials) rule in that they do not limit 

the scope of the equipment, complete 

installations, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ specified in ECCN 

1B608.a, .b, and .x, respectively, to 

items that are not controlled elsewhere 

on the CCL. This final rule also revises 

the controls in ECCN 1C608.n in a 

similar manner. This means that, if an 

item subject to the EAR is described by 

a ‘‘600 series’’ ECCN (e.g., ECCN 1B608 

or ECCN 1C608), then the item would be 

controlled under the ‘‘600 series’’ ECCN 

even if it were also described elsewhere 

on the CCL under a non-‘‘600 series’’ 

ECCN. 

Personal Protective Equipment, Shelters 

and Related Items 

BIS received seven public comments 

in response to the June 7 (protective 

equipment) rule. 

Public Comments Regarding Body 

Armor 

Comment: One commenter stated that 

the controls for soft body armor in 

ECCNs 1A005.a and 1A613.d.1 differ 

only by whether the body armor was 

‘‘manufactured to military standards or 

specifications’’ and thus is dependent 

on the class of end user (e.g., police vs. 

military). 

Response: BIS does not agree with 

this concern. Basing a control on 

military standards or specifications 

provides the necessary specificity to 

delineate that control regardless of the 

end user or its activities. Generally, 

when developing a product, one intends 

to meet military specifications and does 

not do so inadvertently. Consequently, 

BIS does not believe that the parameters 

proposed for soft body armor should be 

changed. 

Comment: One commenter expressed 

concerns that ECCNs 1A005.a and 

1A613.d.1 use ‘‘military standards or 

specifications’’ without defining that 

term, and the commenter proposed 

using ‘‘specifically designed’’ instead. 

Another commenter recommended 

adding the Note to ML13.d.1 in the 

WAML to ECCNs 1A005 and 1A613 to 

provide guidance on interpreting 

‘‘military standards or specifications.’’ 

The Note to ML13.d.1 provides that 

‘‘military standards or specifications 

include, at a minimum, specifications 

for fragmentation protection.’’ 

Response: BIS accepts the 

recommendation to use the Note to 

ML13.d.1 but does not accept the 

recommendation to use ‘‘specifically 

designed.’’ While BIS believes that the 

commenter intended to recommend 

‘‘specially designed’’ rather than 

‘‘specifically designed,’’ BIS believes the 

Note to ML13.d.1 provides the 

necessary guidance on interpreting the 

phrase military standards or 

specifications, and is consistent with 

the Wassenaar Arrangement. Thus, this 

final rule includes new notes in ECCNs 

1A005 and 1A613 that provide that 

military standards or specifications 

include, at a minimum, specifications 

for fragmentation protection. 

Comment: One commenter 

recommended that the text ‘‘or foreign 

national equivalents’’ be added to the 

description of hard body armor plates in 

ECCN 1A005.b to assist classifying 

foreign origin items in the United States 

that are not NIJ rated. 

Response: BIS accepts this 

recommendation and uses the phrase 

‘‘national equivalents’’ to conform the 

text in ECCN 1A005.b. to the text in the 

related Wassenaar Arrangement Dual 

Use List entry. BIS interprets the phrase 

to include standards of other nations 

that are equivalent to NIJ standards. The 

same issue could arise with body armor 

controlled under ECCNs 1A005.a, 

1A613.d.1, and 1A613.d.2, so BIS is also 

inserting conforming text to those 

entries in accordance with the WAML 

and the Wassenaar Arrangement DualUse List. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 273 

Comment: One commenter noted that 

the heading in ECCN 1A005 included 

‘‘components’’ but no components were 

controlled in the entry. 

Response: BIS has revised ECCN 

1A005 to address the issue of 

‘‘components’’ as well as to ensure that 

the entry conforms to the Wassenaar 

Arrangement. To that end, BIS has 

revised ECCN 1A005.a to read: ‘‘[s]oft 

body armor not manufactured to 

military standards or specifications, or 

to their equivalents, and ‘specially 

designed’ ‘components’ therefor.’’ While 

with this change, made in response to 

a public comment, ‘‘components’’ are 

controlled under ECCN 1A005.a, BIS 

notes that this control does not apply to 

items such as straps, fasteners, vests not 

containing body armor plates, or 

clothing not containing body armor 

plates. 

While these revisions to ECCN 1A005 

ensure that the entry conforms to the 

Wassenaar Arrangement, BIS is also 

revising the ECCN to maintain the 

specificity provided by the June 7 

(protective equipment) rule. To that 

end, BIS is adding a new License 

Requirements Notes paragraph to the 

ECCN to provide that soft body armor 

not manufactured to military standards 

or specifications must provide ballistic 

protection equal to or less than NIJ level 

III (NIJ 0101.06, July 2008) to be 

controlled under 1A005.a. The note 

clarifying ‘‘military standards or 

specifications’’ will also be in the new 

License Requirements Notes paragraph. 

Public Comments Regarding Helmets 

Comment: One commenter requested 

guidance on what constitutes a military 

helmet in ECCN 1A613.c versus a police 

helmet in ECCN 0A979. 

Response: The June 7 (protective 

equipment) rule proposed no changes to 

the scope of ECCN 0A979. The proposed 

rule only affected helmets controlled on 

the USML. As such, the proposed rule 

and this final rule make no changes to 

the scope of controls for helmets in 

ECCN 0A979 vis-a`-vis helmets moving 

from the USML to ECCN 1A613.c. BIS 

takes the position that a helmet 

‘‘specially designed’’ for use by a 

military is a military helmet and a 

helmet ‘‘specially designed’’ for use by 

non-military police forces is a police 

helmet. 

Comment: One commenter opposed 

the proposed movement of helmets from 

ECCN 0A018 to ECCN 1A613 due to the 

increase in controls for the helmets and 

related technology. The commenter 

stated that the use of License Exception 

STA would not make up for additional 

controls for operation, installation, 

maintenance, repair, overhaul, and 

refurbishing technology, as well as the 

elimination of the use of License 

Exception TSR. The commenter 

recommended that TSR be allowed for 

military helmet technology. 

Response: BIS does not accept this 

recommendation. Consistent with other 

proposed ‘‘600 series’’ ECCNs, ECCN 

1A613 includes some items in a 018 

ECCN. Since the commenter did not 

provide any rationale for why a 

distinction should be made for military 

helmet technology, BIS is maintaining 

the proposed controls to be consistent 

with the structure and framework of 

ECR. 

Comment: One commenter stated that 

military helmets described in ECCN 

1A613.c include conventional military 

steel helmets proposed to be controlled 

under ECCN 1A613.y.1. 

Response: BIS believes that the 

proposed Note 1 to ECCN 1A613.c 

provided the necessary guidance to 

show readers that ECCN 1A613.c would 

not control conventional military steel 

helmets in ECCN 1A613.y.1. However, 

to make this point more clearly, BIS is 

moving the applicable text in Note 1 to 

a parenthetical in ECCN 1A613.c. Under 

this final rule, ECCN 1A613.c reads: 

‘‘[m]ilitary helmets (other than helmets 

controlled under 1A613.y.1) and helmet 

shells providing less than NIJ Type IV 

protection.’’ 

Comment: One commenter 

recommended only controlling the 

following helmet components: helmet 

shell, liner, and comfort pad. The 

commenter reasoned that this would be 

consistent with ML13.c of the WAML, 

which applies to certain helmets and 

‘‘specially designed components 

therefor (i.e., helmet shell, liner and 

comfort pads).’’ 

Response: BIS does not accept this 

recommendation. The June 7 (protective 

equipment) rule and the State 

Department’s counterpart rule, 77 FR 

33698 (June 7, 2012), intended to 

address all items in USML Category X. 

Limiting the controls on helmet 

components to helmet shells, liners, and 

comfort pads would not match the 

current coverage of the ITAR. Thus, BIS 

is not revising ECCN 1A613 as a result 

of this comment. To the extent one 

believes that other parts and 

components ‘‘specially designed’’ for 

these or any other items in the ‘‘600 

series’’ and other EAR controls do not 

warrant such controls, then one may 

submit a request pursuant to 15 C.F.R. 

§ 748.3(e) for an interagency 

determination that such items do not 

warrant being controlled by the relevant 

‘‘specially designed’’ catch-all 

provision. 

Comment: One commenter 

recommended that BIS create a new 

1A005.c for helmet and helmet shells 

not manufactured to military standards 

or specifications that provide ballistic 

protection less than NIJ Type IV, revise 

ECCN 1A613.c to control helmets and 

helmet shells manufactured to military 

standards or specifications that provide 

ballistic protection less than NIJ Type 

IV, and provide positive parameters for 

controlling police helmets in ECCN 

0A979. 

Response: BIS does not accept this 

recommendation. ECCN 1A005 is a 

multilateral control, and as such, BIS 

declines to insert a new unilateral 

control within that ECCN. BIS believes 

that the text in ECCNs 1A613.c and 

0A979 contains adequate controls and 

does not require further modifications 

based on this comment. 

Public Comments Regarding Shelters 

Comment: One commenter requested 

a more detailed definition to distinguish 

when a shelter becomes export 

controlled. The commenter believed the 

point should be when certain 

modifications or installations are made, 

such as the installation of electronic or 

other equipment that is itself exportcontrolled. 

Response: BIS does not accept the 

commenter’s recommendations. The 

proposed control is consistent with the 

current controls of USML Category X, 

and no changes are made in this final 

rule. 

Comment: One commenter requested 

that the following shelters should be 

designated EAR99: shelters modified for 

lighting or raceway, power and signal 

distribution, heating and air 

conditioning, equipment racks or 

cabinets, electromagnetic/radio 

frequency interference (EMI/RFI), 

chemical agent resistance coating 

(CARC) paint, skid or jack assemblies, 

casters, ladders or roof access steps, 

special door openings or emergency 

kickout or escape hatch panels, or 

generator trailers. 

Response: BIS will not provide a 

negative list of shelters to determine 

what is controlled under ECCN 

1A613.b. However, BIS believes that 

applying the definition of ‘‘specially 

designed’’ will alleviate concerns over 

what shelters are controlled in ECCN 

1A613.b. Further, BIS notes that the use 

of CARC paint does not affect whether 

a shelter is controlled on the USML or 

CCL, and that certain EMI shelters are 

controlled under USML Category XI. 

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274 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Revision to 1A613 To Be Consistent 

With ‘‘600 series’’ Order of Review 

In addition to the changes made in 

response to the public comments 

described above, this rule removes from 

ECCN 1A613.e and .x text that appeared 

in the proposed rule, which would have 

excluded from that ECCN items that 

appear elsewhere on the CCL. This 

change is made to be consistent with the 

CCL order of review in Supplement No. 

4 to part 774 of the EAR, which became 

effective on October 15, 2013. That 

order of review gives 600 series ECCNs 

precedence over other ECCNs. 

Public Comments Regarding License 

Exceptions TMP and BAG 

Comment: One commenter requested 

that helmets classified under ECCN 

1A613.c be included along with body 

armor classified under ECCN 1A613.d 

for eligibility under License Exceptions 

TMP and BAG. 

Response: BIS accepts this 

recommendation. On May 2, 2012, the 

Department of State amended the ITAR 

exemption for personal protective 

equipment in § 123.17 to add helmets 

when they are included with the body 

armor and to add chemical agent 

protective gear. In order to match the 

scope of the ITAR exemption for 

personal protective equipment, BIS is 

adding ECCN 1A613.c helmets to the 

list of items eligible for License 

Exceptions TMP and BAG 

(§§ 740.9(a)(11) and 740.14(h), 

respectively). BIS further notes that 

body armor or helmets subject to the 

EAR but not identified in ECCN 1A613 

are not subject to the same restrictions 

in §§ 740.9(a)(11) and 740.14(h) and 

may thus be authorized under other 

provisions of TMP or BAG. 

Comment: Two commenters 

recommended that BIS eliminate the 

proposed requirement under TMP and 

BAG to present the items to U.S. 

Customs and Border Protection (CBP) 

for inspection. The commenters 

reasoned that the CBP inspection 

requirement would render TMP and 

BAG unusable as U.S. contractors often 

obtain personal protective equipment at 

locations other than the point of 

departure in the United States, and 

potential users of the license exceptions 

often place the equipment into checked 

baggage, rendering it inaccessible for 

inspection by CBP. 

Response: BIS accepts this 

recommendation and has removed the 

CBP inspection requirement from TMP 

and BAG. Requiring a CBP inspection 

for items of a non-offensive nature that 

will be used by U.S. persons likely in 

support of U.S. military forces serves no 

national security or foreign policy 

purpose. Retaining this proposed 

requirement would treat body armor 

(and now helmets) more stringently 

than all other items subject to the EAR 

that would be available for a license 

exception. CBP, however, has the 

discretion to inspect these and any other 

items exported from the United States. 

Comment: One commenter 

recommended that reexports and 

retransfers (which we understand to be 

transfers (in-country)) be allowed, to 

accommodate the redeployment of 

employees under a government contract 

and to accommodate requests from the 

U.S. Government to leave personal 

protective equipment owned and issued 

by the U.S. Government overseas for 

issue to other contractors. Another 

commenter stated that the issuing 

agency may require the equipment to 

remain in the country after departure by 

the contractor. The commenter 

recommended that a signed receipt of 

the equipment should be sufficient to 

show its return to the U.S. Government. 

Response: BIS accepts the 

recommendation to allow reexports and 

transfers (in-country) for personal 

protective equipment authorized under 

TMP and BAG. However, such reexports 

or transfers (in-country) must be limited 

to U.S. persons. BIS believes that 

allowing for reexports and transfers (incountry) to U.S. persons only under 

TMP and BAG, in addition to the 

possible use of License Exception GOV, 

will sufficiently enable potential 

transfers of personal protective 

equipment among U.S. contractors and 

the U.S. Government. 

Miscellaneous Comments 

Comment: One commenter requested 

clarification on whether gas masks are 

personal protective equipment and fall 

under ECCN 1A613. 

Response: BIS recommends that 

reviewers follow the guidance in 

Supplement No. 4 to part 774 of the 

EAR. Gas masks would only be 

protective equipment under ECCN 

1A613.e if they are not described 

elsewhere on the USML (e.g., USML 

Category XIV) or the CCL (e.g., ECCN 

1A004), and if they have been ‘‘specially 

designed’’ for military applications. 

Comment: One commenter 

recommended that BIS define 

‘‘equipment’’ or not use quotation marks 

with the term. 

Response: Section 772.1 of the EAR 

provides a definition for ‘‘equipment,’’ 

which became effective on October 15, 

2013. 

Comment: One commenter mentioned 

that the proposed Note to 1A613.d 

references protective garments in ECCN 

1A005, yet 1A005 does not contain 

protective garments. 

Response: BIS has removed the 

reference to protective garments in the 

Note to 1A613.d to ensure consistency 

with ECCN 1A005 and the Wassenaar 

Arrangement. 

Comment: One commenter stated that 

the proposed USML Category X and 

ECCN 1A613 may not cover armored 

plate ‘‘suitable for military use’’ in 

ML13.a and ‘‘constructions’’ in ML13.b. 

In addition, the commenter believed 

that the proposed rules did not cover 

software for software under ML21. 

Response: BIS believes that the 

proposed controls cover those items 

previously controlled on the ITAR, and 

thus no changes are needed. As with all 

controls, BIS will monitor conformance 

with its multilateral obligations. 

Comment: One commenter questioned 

whether protective garments under 

ML13.d and ‘‘specially designed’’ 

‘‘components’’ therefor are captured 

under USML Category X or ECCN 

1A613. 

Response: BIS believes that the 

addition of the note to ECCN 1A613.d.1 

and the changes made to conform ECCN 

1A005 to the Wassenaar Arrangement 

already address the commenter’s 

concerns. 

Comment: One commenter noted that 

1A613.y refers to ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments,’’ but ECCN 1A613.y.1 

only applies to certain helmets, which 

do not fit the description of items in 

ECCN 1A613.y. 

Response: BIS agrees that ECCN 

1A613.y does not adequately describe 

the helmets in ECCN 1A613.y.1. 

Consequently, BIS has changed the 

ECCN 1A613.y heading to ‘‘[o]ther 

commodities as follows.’’ 

Comment: One commenter stated that 

various items currently controlled under 

ECCNs 2B018, 2D018, and 2E018 are 

proposed to be controlled under the 

1Y613 series. 

Response: Under ECR, items currently 

controlled under ‘‘018’’ ECCNs will be 

moved to the ‘‘600 series.’’ The June 7 

(protective equipment) rule followed 

this structure for personal protective 

equipment, shelters, and related items. 

Comment: One commenter stated that 

the heading in ECCN 1D613 includes 

software for installation, repair, 

overhaul, or refurbishing. However, the 

commenter pointed out that no such 

software is included in the List of Items 

Controlled paragraph of that ECCN. 

Response: BIS has revised the heading 

of ECCN 1D613 to match the scope of 

software controls for ‘‘600 series’’ items 

that was finalized under the April 16 

(initial implementation) rule. For 

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additional information, see the section 

on Consistency of Controls above. 

Comment: One commenter stated that 

the phrase ‘‘less than NIJ Type IV’’ or 

‘‘less than NIJ level III’’ describes what 

is not controlled but does not describe 

what is controlled. 

Response: BIS does not agree with 

this comment. Utilizing the order of 

review described in Supplement No. 4 

to part 774 of the EAR, (as published in 

the April 16 (initial implementation) 

rule and which became effective on 

October 15, 2013), one would review 

USML Category X and ECCNs 1A613 

and 1A005 to determine what is 

controlled. The plain meaning of the 

phrase cited by the commenter clearly 

identifies what is and what is not 

controlled. 

Comment: One commenter noted that 

the June 7 (protective equipment) rule 

proposed to control items that are not 

currently controlled by the Wassenaar 

Arrangement, including ECCNs 

1A613.b.2 (shelters specially designed 

to protect against nuclear, biological, or 

chemical contamination); 1A613.e 

(other personal protective equipment 

specially designed for military 

applications); 1A613.x (for 1A613.a, 

1A613.b.2, 1A613.c, or 1A613.e); 1B613 

(for development); 1B613.a (for 

production of portions of USML 

Category X (a) and (d), as well as parts 

of 1A613.b.2, .e, .x, and .y); 1D613.a (for 

portions of 1A613.b.2, .e, .x, .y, and 

1B613); and 1E613.a (for portions of 

1A613.b.2, .e, .x, .y, 1B613, and 1D613). 

Response: BIS understands that some 

portions of the 1Y613 series will control 

items that are not controlled by the 

Wassenaar Arrangement. However, the 

Departments of Commerce, State, and 

Defense have determined that any such 

items warrant control as part of the ‘‘600 

series’’ if they are currently controlled 

on the USML. 

Conforming Changes to License 

Exceptions 

BIS previously noted that the license 

exceptions of the EAR should be no 

more restrictive than the exemptions of 

the ITAR (see, e.g., Proposed Revisions 

to the Export Administration 

Regulations: Implementation of Export 

Control Reform; Revisions to License 

Exceptions After Retrospective 

Regulatory Review, 77 FR 37524 (June 

21, 2012)). Consequently, BIS is revising 

part 740 to ensure the scope of License 

Exceptions TMP and BAG are no more 

restrictive than § 123.17 of the ITAR, 

which provides exemptions for the 

temporary export of certain personal 

protective equipment. 

When the June 7 (protective 

equipment) rule was drafted, the ITAR 

exemption under § 123.17(g) allowed 

the temporary export of body armor to 

Afghanistan and Iraq under certain 

conditions. On May 2, 2012, the 

Department of State expanded the scope 

of the exemption to all § 126.1 countries 

subject to certain conditions. To match 

the scope of the ITAR, BIS is amending 

§ 740.2(a)(12) to allow for the use of 

TMP and BAG for certain personal 

protective equipment destined to or in 

countries in Country Group D:5. These 

revisions are being made consistent 

with the April 16 (initial 

implementation) rule, which amended 

§ 740.2 to describe the restrictions on 

the use of license exceptions for ‘‘600 

series’’ items. Requirements for 

exporting, reexporting, or transferring 

(in-country) certain personal protective 

equipment to countries in Country 

Group D:5 are described in 

§ 740.9(a)(11)(ii) for TMP and 

§ 740.14(h)(2) for BAG. 

To ensure conformance with the 

scope of the ITAR, BIS is also revising 

License Exception TMP to allow 

temporary exports, reexports, or 

transfers (in-country) of personal 

protection equipment for a four-year 

period pursuant to new 

§ 740.9(a)(11)(iii). BIS is also amending 

§ 740.9(a)(14) to note the exception to 

the general rule that temporary exports, 

reexports, or transfers (in-country) 

under TMP are authorized for one year 

after the date of export, reexport, or 

transfer (in-country). These 

amendments to TMP will allow the 

license exception to be more 

comparable to the scope of the 

exemption for personal protective 

equipment under § 123.17 of the ITAR, 

which does not impose a time 

limitation. Similarly, BIS has removed 

references to ‘‘temporary’’ export in 

License Exception BAG to ensure that it 

is no more restrictive than the ITAR. 

The amendments to License 

Exception TMP to describe the 

exception for personal protective 

equipment have been moved to 

§ 740.9(a)(11) instead of the proposed 

§ 740.9(a)(3)(v) under the June 7 

(protective equipment) rule to conform 

with a restructured and streamlined 

License Exception TMP that became 

effective on October 15, 2013 

Conforming Changes to ECCNs 0A018, 

1A005, 1B613, 1D613, and 1E613 

Differences in the text of ECCN 0A018 

between the June 7 (protective 

equipment) rule and this final rule are 

the result of changes made by the July 

8 (vehicles, vessels and miscellaneous 

equipment) rule. In addition, this rule 

omits the last sentence in the Related 

Controls paragraph of ECCN 1A005 from 

the June 7 (protective equipment) rule. 

That sentence referenced § 746.8(b)(1), 

which does not exist. 

For ECCN 1A613, this rule revises 

1A613.x to add a reference to USML 

Category X to ensure that ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ that are themselves not 

enumerated in Category X but that are 

‘‘specially designed’’ for commodities 

enumerated in Category X are captured 

under 1A613.x. Further, this rule 

removes paragraphs .c-.x and the .y 

paragraph from 1B613 since no other 

items are controlled under that ECCN. 

Also, BIS is amending 1D613.y to 

remove references to 1D613.y.1 through 

y.99 since 1D613.y only controls 

specific ‘‘software’’ ‘‘specially 

designed’’ for the ‘‘production,’’ 

‘‘development,’’ or operation or 

maintenance of commodities controlled 

by ECCN 1A613.y. Similarly, this rule 

removes references in 1E613.y to 

1E613.y.1 through y.99, since 1E613.y 

only controls specific ‘‘technology’’ 

‘‘required’’ for the ‘‘production,’’ 

‘‘development,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities or software 

controlled by ECCN 1A613.y or 

1D613.y. 

Items Related to Launch Vehicles, 

Missiles, Rockets, and Military 

Explosive Devices 

This rule finalizes the provisions 

contained in the January 31 (launch 

vehicles) proposed rule. This proposed 

rule from BIS was published in 

conjunction with a rule from the 

Department of State, Directorate of 

Defense Trade Controls, proposing to 

amend the list of articles controlled by 

USML Category IV (see 78 FR 6750 and 

78 FR 6765, respectively). 

Specifically, this final rule describes 

how articles that the President 

determines no longer warrant control 

under Category IV of the USML will 

now be controlled on the CCL. These 

articles, which are related to launch 

vehicles, missiles, rockets, and military 

explosive devices enumerated in USML 

Category IV, will, upon the effective 

date of this final rule, be controlled 

under new ECCNs 0A604, 0B604, 

0D604, 0E604, 9A604, 9B604, 9D604, 

and 9E604 on the CCL. In addition, this 

final rule amends ECCNs 0D001, 0E001, 

9B115, 9B116, 9D001, 9D002, 9D003, 

9D104, 9E001, 9E002, 9E101, and 9E102 

to make clarifications and conforming 

changes based on the addition of the 

aforementioned 0Y604 and 9Y604 

ECCNs to the CCL and amendments by 

the Department of State, Directorate of 

Defense Trade Controls, to the list of 

articles controlled by USML Category IV 

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276 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

that are being published in conjunction 

with this final rule. 

Summary of Public Comments 

Submitted in Response to the Proposals 

Contained in the January 31 (Launch 

Vehicles) Rule Published by BIS 

BIS received comments from three 

parties, which are summarized below. 

ECCN 0B604.a (Test, Inspection, and 

Other Production ‘‘Equipment’’ 

‘‘Specially Designed’’ for the 

‘‘Development’’ or ‘‘Production’’ of 

Commodities in ECCN 0A604 or Related 

Defense Articles in USML Category IV) 

Comment: One commenter stated that 

the use of the term ‘‘related’’ in 

proposed new ECCN 0B604.a could 

cause confusion, because it implies that 

ECCN 0B604.a would control test, 

inspection, and other production 

‘‘equipment’’ for ‘‘related’’ defense 

articles in USML Category IV, without 

identifying what specific defense 

articles are ‘‘related’’ to the commodities 

in proposed new ECCN 0A604. The 

commenter indicated that this approach 

would run counter to the stated ECR 

objective of clearer, performance-based 

controls. 

Response: This final rule addresses 

the commenter’s concerns by revising 

new ECCN 0B604.a to control test, 

inspection, and other production 

‘‘equipment’’ that is ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 0A604 or the 

bombs, torpedoes, depth charges, mines 

and hand grenades, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ therefor, controlled 

under USML Category IV. Specifically, 

this final rule replaces the term 

‘‘related’’ in ECCN 0B604.a, as proposed 

in the January 31 (launch vehicles) rule, 

with a reference to specific types of 

defense articles in USML Category IV 

(i.e., bombs, torpedoes, depth charges, 

mines and hand grenades, and parts, 

components, accessories and 

attachments therefor). This change is 

consistent with BIS’s decision to control 

test, inspection, and other production 

‘‘equipment’’ coming over to the CCL 

from USML Category IV under two 

separate ECCNs (i.e., new ECCNs 0B604 

and 9B604), according to whether such 

equipment is identified on the MTCR 

Annex. Because test, inspection, and 

other production ‘‘equipment’’ for the 

bombs, torpedoes, depth charges, mines 

and hand grenades, and parts, 

components, accessories and 

attachments therefor, controlled under 

USML Category IV, is not identified on 

the MTCR Annex, this equipment is 

controlled under new ECCN 0B604 

(which does not contain any MTcontrolled items), while new ECCN 

9B604 includes MT-controlled 

equipment related to launch vehicles, 

missiles, and rockets in USML Category 

IV. Consistent with this approach, this 

final rule also makes conforming 

changes to the heading of ECCN 9A604 

and to ECCN 9B604.c to clarify that 

these two ECCNs do not control items 

related to the bombs, torpedoes, depth 

charges, mines and hand grenades, and 

parts, components, accessories and 

attachments therefor, that are 

enumerated in USML Category IV. 

Format of ECCN Headers 

Comment: One commenter 

recommended revising the headers for 

the ‘‘600 series’’ ECCNs containing 

Category IV-related items by adding the 

parenthetical phrase ‘‘(see List of Items 

Controlled),’’ at the end of the ECCN 

headers, consistent with the format 

described in BIS’s November 29, 2012, 

rule (77 FR 71214) that proposed certain 

amendments to the EAR to make the 

CCL clearer. 

Response: This final rule revises the 

headers of new ‘‘600 series’’ ECCNs 

0A604, 0B604, 9A604, and 9B604, as 

proposed in the January 31 (launch 

vehicles) rule, by adding the 

parenthetical phrase ‘‘(see List of Items 

Controlled),’’ at the end of the ECCN 

headers. 

Controls on Commercial Application 

Countermeasure Systems for USML 

Category IV Manpad Systems 

Comment: One commenter indicated 

that controlling commercial application 

countermeasures systems with 

monitoring and detection capability for 

man-portable air defense (MANPAD) 

systems under USML Category IV(c), as 

proposed by the rule published by the 

U.S. Department of State, Directorate of 

Defense Trade Controls, in conjunction 

with BIS’s January 31 (launch vehicles) 

rule, would require ITAR-level 

protection of civil aircraft platforms, 

which would be impractical under the 

conditions of civil transport. In lieu of 

the proposed level of control for such 

systems, the commenter suggested one 

of the following alternatives: 

• Transfer of such systems to a ‘‘600 

series’’ ECCN on the CCL; 

• Establishment of a flexible licensing 

policy under the ITAR to address 

situations in which such systems are 

installed on civil aircraft platforms; or 

• The addition of a Note to USML 

Category IV(c) that applies a different 

level of control to such systems under 

a defined set of circumstances (e.g., 

when such systems are installed on civil 

aircraft platforms). 

Response: The commenter’s 

recommendation is not accepted for the 

purposes of this final rule. Paragraph (d) 

of the Note to WAML 4.c excludes from 

control aircraft missile protection 

systems (AMPS) ‘‘installed’’ on ‘‘civil 

aircraft,’’ provided that all of the 

following conditions apply: (1) The 

AMPS is only operable in a specific 

‘‘civil aircraft’’ in which the specific 

AMPS is installed and for which either 

a civil Type Certificate or an equivalent 

document recognized by the 

International Civil Aviation 

Organization (ICAO) has been issued; 

(2) the AMPS employs protection to 

prevent unauthorized access to 

‘‘software;’’ and (3) the AMPS 

incorporates an active mechanism that 

forces the system not to function when 

it is removed from the ‘‘civil aircraft’’ in 

which it was ‘‘installed.’’ However, this 

WAML exclusion does not apply to any 

of the defense articles enumerated in 

USML Category IV as amended by the 

companion rule that is being published 

by the U.S. Department of State, 

Directorate of Defense Trade Controls, 

in conjunction with this final rule. 

Instead, this WAML exclusion will be 

addressed in subsequent ECR 

amendments to be published by State 

and Commerce that will address specific 

ITAR controls on AMPS and any 

exclusions from such ITAR controls that 

may apply. 

Recommended Changes to Certain 

ECCNs in CCL Category 9A, 9B, and 9C 

That Were Not Addressed in the January 

31 (Launch Vehicles) Rule 

Comment: One commenter noted that 

some of the proposed ECR amendments 

to the EAR and the ITAR appeared to be 

open to the interpretation that if items 

subject to the WA or MTCR controls on 

aircraft, gas turbine engines, missiles, or 

spacecraft are not clearly described in 

the USML as subject to the ITAR, then 

such items are subject to the EAR, 

instead. The commenter recommended 

that both the EAR and the ITAR be 

amended to clearly indicate whether 

this interpretation is correct. 

Response: Supplement No. 4 

(Commerce Control List Order of 

Review), which became effective on 

October 15, 2013, provides guidance on 

jurisdictional issues involving the EAR 

and the ITAR. With respect to export 

control jurisdiction questions, new 

Supplement No. 4 provides that, if an 

item is described in the USML, 

including one of its catch-all 

paragraphs, then the item is a ‘‘defense 

article’’ subject to the ITAR. Conversely, 

if an item is not described on the USML, 

and is otherwise ‘‘subject to the EAR,’’ 

then it should be classified using the 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 277 

steps provided in Supplement No. 4 to 

determine the appropriate level of 

control. Amendments to § 120.5 of the 

ITAR that also became effective on 

October 15, 2013 provide that if a 

defense article or service is covered by 

the USML, its export and temporary 

import are regulated by the Department 

of State. However, these regulatory 

provisions are not intended to be 

interpreted in isolation from other 

provisions in the EAR and the ITAR. 

Although the ECR-related amendments 

to the ITAR are intended, to the extent 

practicable, to provide a positive list of 

specific types of equipment and related 

parts, components, accessories, and 

attachments that continue to warrant 

control on the USML, the fact that a 

particular article is not specifically 

enumerated on the USML does not 

necessarily provide a sufficient basis, in 

and of itself, for making a determination 

that the article is controlled on the CCL, 

because the USML continues to have a 

few ‘‘catch-all’’ controls. In short, the 

guidance provided in Supplement No. 4 

to part 774 of the EAR and in § 120.5 of 

the ITAR must be viewed within the 

context of other EAR and ITAR 

regulatory provisions. 

Comment: One commenter questioned 

why some MTCR ‘‘production 

equipment’’ and ‘‘production facilities’’ 

for USML Category IV articles remained 

in ECCN 9B115 or ECCN 9B116, 

respectively, while others were 

included in proposed new ECCN 9B604. 

The commenter also questioned why 

‘‘production equipment’’ and 

‘‘production facilities’’ for articles 

described in paragraph (h)(14), 

‘‘combustion chambers,’’ and paragraph 

(h)(25), ‘‘fuzes,’’ of State’s Category V 

proposed rule were not included in 

proposed new ECCN 9B604 or in ECCNs 

9B115 and 9B116. In addition, the 

commenter recommended changes to a 

number of other CCL Category 9 ECCNs 

to clarify component controls, eliminate 

ambiguous terms, and add items subject 

to the EAR to certain placeholder 

ECCNs that only describe items 

enumerated in USML Category IV. 

Response: This final rule does not 

adopt the commenter’s recommended 

changes. ECCNs 9B115 and 9B116 

control only ‘‘production equipment’’ 

and ‘‘production facilities,’’ 

respectively, that are identified on the 

MTCR Annex, but not on the WAML or 

the WA dual-use list (i.e., all items in 

these two ECCNs are subject to MT 

controls, but not NS controls). New 

ECCN 9B604 does not control these 

items, because it is designed to control 

items identified on the WAML, some of 

which are also listed in the MTCR 

Annex (i.e., all items in ECCN 9B604 are 

subject to NS controls). For this reason, 

BIS continues to control some 

‘‘production equipment’’ and 

‘‘production facilities’’ under ECCN 

9B115 or 9B116, instead of new ECCN 

9B604. As for ‘‘production equipment’’ 

and ‘‘production facilities’’ for articles 

described in paragraph (h)(14) and 

paragraph (h)(25) of State’s Category V 

proposed rule, note that, although these 

production items are not specifically 

identified in new ECCN 9B604, 

paragraph .c of ECCN 9B604 controls 

test, inspection, and other production 

‘‘equipment’’ that is ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ repair, overhaul, or 

refurbishing of commodities described 

in ECCN 9A604, or defense articles 

controlled under USML Category IV, 

and not specified in ECCN 0B604.a or in 

ECCN 9B604.a, .b, or .d.’’ Given the 

broad scope of ECCN 9B604.c, BIS does 

not think that any further changes to 

ECCN 9B604 are necessary in this 

regard. Finally, the recommended 

changes to other CCL Category 9 ECCNs 

(i.e., to clarify component controls, 

eliminate ambiguous terms, and add 

items subject to the EAR to certain 

placeholder ECCNs) are not adopted, 

because the recommended changes are 

outside the scope of the January 31 

(launch vehicles) rule, as well as this 

final rule. 

Recommended Changes to ‘‘Software’’ 

and ‘‘Technology’’ ECCNs in CCL 

Category 0D and 0E and CCL Category 

9D and 9E 

Comment: One commenter 

recommended that ‘‘software’’ and 

‘‘technology’’ should be controlled by 

the same agency that controls 

production equipment (i.e., Commerce) 

and recommended corresponding 

changes to ECCNs 0D604 and 9D604 to 

control ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘development’’ or ‘‘production’’ 

of defense articles in USML Category IV. 

In addition, the commenter 

recommended that ECCNs 0E604 and 

9E604 be expanded to control 

‘‘technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

defense articles in USML Category IV. 

Response: BIS did not adopt this 

recommendation. Based on the review 

of USML categories (including USML 

Category IV) described earlier in the 

preamble to this rule, ECCNs 0D604 and 

9D604 only control ‘‘software’’ for 

specified items that are ‘‘subject to the 

EAR’’ and ECCNs 0E604 and 9E604 only 

control ‘‘technology’’ for specified items 

that are ‘‘subject to the EAR’’ (i.e., these 

four ECCNs do not control ‘‘software’’ or 

‘‘technology’’ for any of the defense 

articles enumerated in USML Category 

IV). In short, as a result of the review, 

‘‘software’’ and ‘‘technology’’ for launch 

vehicles, missiles, rockets, torpedoes, 

bombs, mines, and other military 

explosive devices and related articles 

enumerated in USML Category IV will 

continue to be controlled under 

Category IV and not under the related 

‘‘software’’ and ‘‘technology’’ entries on 

the CCL (i.e., ECCNs 0D604 and 9D604 

and ECCNs 0E604 and 9E604, 

respectively). 

Comment: One commenter 

recommended that the following ECCNs 

be revised to reflect the current MTCR 

controls: ECCNs 9D001 through 9D004; 

ECCNs 9D101 and 9D103 through 

9D105; ECCNs 9E001 and 9E002; and 

ECCNs 9E101 and 9E102. 

Response: This final rule does not 

adopt the commenter’s recommended 

changes to the above-referenced ECCNs, 

because the recommended changes are 

outside the scope of the January 31 

(launch vehicles) rule, as well as this 

final rule. Further, the items addressed 

by the January 31 (launch vehicles) rule 

and the companion rule published by 

the Department of State, Directorate of 

Defense Trade Controls were reviewed 

to ensure the consistency of the CCL 

controls with any applicable controls 

indicated on the current MTCR Annex. 

Changes Made by This Rule to Controls 

on Items Related to Launch Vehicles, 

Missiles, Rockets, and Military 

Explosive Devices 

This final rule creates four new 600 

series ECCNs in CCL Category 0 (ECCNs 

0A604, 0B604, 0D604, and 0E604) and 

four new 600 series ECCNs in CCL 

Category 9 (ECCNs 9A604, 9B604, 

9D604, and 9E604) that control articles 

the President has determined no longer 

warrant control under USML Category 

IV. This final rule also amends ECCNs 

0D001, 0E001, 9B115, 9B116, 9D001, 

9D002, 9D003, 9D104, 9E001, 9E002, 

9E101, and 9E102 to make clarifications 

and conforming changes based on the 

addition of the aforementioned 0Y604 

and 9Y604 ECCNs to the CCL and 

amendments by the Department of State, 

Directorate of Defense Trade Controls, to 

the list of articles controlled by USML 

Category IV that are being published in 

conjunction with this final rule. These 

amendments are discussed in more 

detail below. 

New ECCN 0A604: Commodities Related 

to Military Explosive Devices and 

Charges 

In new ECCN 0A604, paragraph .a 

controls demolition blocks, and 

detonators designed, modified, or 

adapted therefor. Paragraph .b of ECCN 

0A604 controls military explosive 

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278 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

excavating devices. A note to 0A604.a 

and .b indicates that this new ECCN 

does not control the detonators and 

other items described in ECCN 1A007 or 

ECCN 3A232. Paragraph .c of ECCN 

0A604 controls smoke hand grenades 

and stun hand grenades (e.g., 

‘‘flashbangs’’) not described in ECCN 

1A984. Paragraphs .d through .w of 

ECCN 0A604 are reserved. Paragraph .x 

of ECCN 0A604 controls ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity in 

paragraphs .a through .c of ECCN 

0A604, or for a defense article in USML 

Category IV, and not specified 

elsewhere on the USML. Two notes to 

paragraph .x indicate that: (1) Forgings, 

castings, and other unfinished products 

are controlled by paragraph .x if they 

have reached a stage in manufacturing 

where they are clearly identifiable by 

mechanical properties, material 

composition, geometry, or function, as 

commodities specified in paragraph .x; 

and (2) ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

specified in USML Category IV(h) are 

subject to the controls of that paragraph. 

New ECCN 0B604: Test, Inspection, and 

Production ‘‘Equipment’’ and Related 

Commodities ‘‘Specially Designed’’ for 

the ‘‘Development’’ or ‘‘Production’’ of 

Commodities in ECCN 0A604 or Related 

Defense Articles in USML Category IV 

In new ECCN 0B604, paragraph .a 

controls test, inspection, and other 

production ‘‘equipment’’ that is 

‘‘specially designed’’ for the 

‘‘production’’ or ‘‘development’’ of 

commodities controlled by ECCN 0A604 

or for bombs, torpedoes, depth charges, 

mines and hand grenades, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ therefor, controlled 

under USML Category IV. In the January 

31 (launch vehicles) rule, 0B604.a 

contained test, inspection, and 

production ‘‘equipment’’ for 

‘‘commodities in ECCN 0A604, or 

related defense articles controlled under 

USML Category IV, and not specified 

elsewhere on the USML.’’ The reason 

for revising the controls in ECCN 

0B604.a is twofold. First, one of the 

public comments on the January 31 

(launch vehicles) rule stated that the use 

of the term ‘‘related’’ in ECCN 0B604.a 

may cause confusion and also would 

run counter to the stated ECR objective 

of clearer, performance-based controls. 

ECCN 0B604.a now identifies the 

specific types of articles in USML 

Category IV to which the test, 

inspection, and production 

‘‘equipment’’ described in 0B604 is 

‘‘related.’’ Second, the intent of the 

controls in new ECCNs 0B604 and 

9B604 was to control test, inspection, 

and other production ‘‘equipment’’ 

coming over to the CCL from USML 

Category IV under two separate ECCNs, 

according to whether such equipment 

was identified on the Missile 

Technology Control Regime (MTCR) 

Annex. Since test, inspection, and other 

production ‘‘equipment’’ for the bombs, 

torpedoes, depth charges, mines and 

hand grenades, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories’’ and 

‘‘attachments’’ therefor, controlled 

under USML Category IV are not 

identified on the MTCR Annex, this 

equipment is controlled under new 

ECCN 0B604 (which does not contain 

any MT-controlled items), instead of 

new ECCN 9B604 (which contains MTcontrolled equipment related to launch 

vehicles, missiles, and rockets in USML 

Category IV). Paragraphs .b through .w 

of new ECCN 0B604 are reserved. 

Paragraph .x of new ECCN 0B604 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ that 

are ‘‘specially designed’’ for a 

commodity subject to control in 

paragraph .a of ECCN 0B604. 

New ECCN 0D604: ‘‘Software’’ 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ 

Operation, or Maintenance of 

Commodities Controlled by ECCN 

0A604 or 0B604 

ECCN 0D604.a controls ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation or maintenance of 

commodities controlled by ECCN 0A604 

or ECCN 0B604. Paragraph .b of ECCN 

0D604 is reserved. 

New ECCN 0E604: ‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul, or 

Refurbishing of Commodities Controlled 

by ECCN 0A604 or 0B604, or ‘‘Software’’ 

Controlled by ECCN 0D604 

ECCN 0E604.a controls ‘‘technology’’ 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities controlled 

by ECCN 0A604 or 0B604, or ‘‘software’’ 

controlled by ECCN 0D604. Paragraph .b 

of ECCN 0E604 is reserved. 

New ECCN 9A604: Commodities Related 

to Launch Vehicles, Missiles, and 

Rockets 

In new ECCN 9A604, the heading 

states that the entry controls 

commodities related to launch vehicles, 

missiles, and rockets and does not also 

reference ‘‘torpedoes, bombs, and 

mines,’’ as was the case in the January 

31 (launch vehicles) rule. To the extent 

that the CCL controls any commodities 

related to the latter, they would be 

controlled under new ECCN 0B604, 

instead. 

Paragraph .a of ECCN 9A604 controls 

thermal batteries ‘‘specially designed’’ 

for the systems described in USML 

Category IV that are capable of a range 

equal to or greater than 300 km. 

Paragraph .b of ECCN 9A604 controls 

thermal batteries, except for thermal 

batteries controlled by ECCN 9A604.a, 

that are ‘‘specially designed’’ for the 

systems described in USML Category IV. 

Paragraph .c of ECCN 9A604 controls 

‘‘components’’ ‘‘specially designed’’ for 

ramjet, scramjet, pulse jet, or combined 

cycle engines described in USML 

Category IV, including devices to 

regulate combustion in such 

commodities. Paragraph .d of ECCN 

9A604 controls components ‘‘specially 

designed’’ for hybrid rocket motors 

described in USML Category IV that are 

usable in rockets, missiles, or 

unmanned aerial vehicles capable of a 

range equal to or greater than 300 km. 

Paragraph .e of ECCN 9A604 controls 

‘‘components’’ ‘‘specially designed’’ for 

pressure gain combustion-based 

propulsion systems controlled under 

USML Category IV. Paragraphs .f 

through .w of ECCN 9A604 are reserved. 

Paragraph .x of ECCN 9A604 controls 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity in 

paragraphs .a through .d of ECCN 

9A604, or a defense article in USML 

Category IV, and not specified 

elsewhere on the USML. Two notes to 

paragraph .x indicate that: (1) Forgings, 

castings, and other unfinished products 

are controlled by paragraph .x if they 

have reached a stage in manufacturing 

where they are clearly identifiable by 

mechanical properties, material 

composition, geometry, or function as 

commodities specified in paragraph .x; 

and (2) ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

specified in USML Category IV(h) are 

subject to the controls of that paragraph. 

New ECCN 9B604: Test, Inspection, and 

Production ‘‘Equipment’’ and Related 

Commodities ‘‘Specially Designed’’ for 

the ‘‘Development’’ or ‘‘Production’’ of 

Commodities in ECCN 9A604 or Related 

Defense Articles in USML Category IV 

In new ECCN 9B604, paragraph .a 

controls ‘‘production facilities’’ 

‘‘specially designed’’ for items that are 

controlled by USML Category IV(a)(1) or 

(a)(2). Paragraph .b of ECCN 9B604 

controls test, calibration, and alignment 

equipment ‘‘specially designed’’ for 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 279 

items that are controlled by USML 

Category IV(h)(28). Paragraph .c of 

ECCN 9B604 controls test, inspection, 

and other production ‘‘equipment’’ that 

is ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of 

commodities described in ECCN 9A604, 

or defense articles controlled under 

USML Category IV, and not specified in 

ECCN 0B604.a or in ECCN 9B604.a, .b, 

or .d. In the January 31 (launch vehicles) 

rule, ECCN 9B604.c stated that it 

controlled test, inspection, and other 

production ‘‘equipment’’ for 

‘‘commodities described in ECCN 

9A604, or defense articles controlled 

under USML Category IV, and not 

specified elsewhere on the CCL or the 

USML.’’ This revision is intended to 

clarify the scope of controls on the test, 

inspection, and production equipment 

described in ECCN 9B604.c vis-a`-vis the 

controls described in ECCN 0B604.a and 

in the other paragraphs of ECCN 9B604 

(i.e., 9B604.a, .b, and .d). Paragraph .d 

of ECCN 9B604 controls ‘‘specially 

designed’’ ‘‘production facilities’’ or 

production ‘‘equipment’’ for systems, 

sub-systems, and ‘‘components’’ 

controlled by USML Category IV(d)(1), 

(d)(7), (h)(1), (h)(4), (h)(6), (h)(7), (h)(8), 

(h)(9), (h)(11), (h)(20), (h)(21), (h)(26), or 

(h)(28). Paragraphs .e through .w are 

reserved. Paragraph .x of ECCN 9B604 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ for a commodity 

subject to control in paragraph .a or .b 

of ECCN 9B604. 

New ECCN 9D604: ‘‘Software’’ 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ 

Operation, or Maintenance of 

Commodities Controlled by ECCN 

9A604 or 9B604 

ECCN 9D604.a controls ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCN 9A604 

or ECCN 9B604. Paragraph .b of ECCN 

9D604 is reserved. 

New ECCN 9E604: ‘‘Technology’’ 

‘‘Required’’ for the ‘‘Development,’’ 

‘‘Production,’’ Operation, Installation, 

Maintenance, Repair, Overhaul, or 

Refurbishing of Commodities Controlled 

by ECCN 9A604 or 9B604, or ‘‘Software’’ 

Controlled by ECCN 9D604 

ECCN 9E604.a controls ‘‘technology’’ 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities or 

‘‘software’’ controlled by ECCN 9A604, 

9B604, or 9D604. Paragraph .b of ECCN 

9E604 is reserved. 

Conforming Amendments to ECCNs 

0D001, 0E001, 1A007, 3A232, 9B115, 

9B116, 9D001, 9D002, 9D003, 9D104, 

9E001, 9E002, 9E101, and 9E102 

This final rule amends ECCNs 0D001, 

0E001, 1A007, 3A232, 9B115, 9B116, 

9D001, 9D002, 9D003, 9D104, 9E001, 

9E002, 9E101, and 9E102 to make 

clarifications and conforming changes 

based on both the addition of abovereferenced new ‘‘600 series’’ ECCNs to 

CCL Categories 0 and 9 and the 

amendments to the list of defense 

articles controlled by USML Category IV 

that are contained in a final rule from 

the Department of State, Directorate of 

Defense Trade Controls (DDTC), that is 

being published in conjunction with 

this final rule. 

First, this final rule amends the 

headings of ECCNs 0D001 and 0E001 to 

exclude ‘‘software’’ and ‘‘technology’’ 

for items in new ECCNs 0B604 and 

0B614 from control under ECCNs 0D001 

and 0E001, because such ‘‘software’’ 

and ‘‘technology’’ is controlled under 

new ECCNs 0D604 and 0E604 and 

ECCNs 0D614 and 0E614, respectively. 

In addition, the headings of ECCNs 

9D001, 9D002, 9D003, 9E001, and 

9E002 are amended to exclude 

‘‘software’’ and ‘‘technology’’ for items 

in new ECCN 9B604 from control under 

these ECCNs, because such ‘‘software’’ 

and ‘‘technology’’ is controlled under 

new ECCNs 9D604 and 9E604, 

respectively. This rule also excludes 

from control under ECCNs 0D001 and 

0E001 the following ‘‘600 series’’ ECCNs 

added to the CCL by BIS’s July 8 

(Category VI–VII–XIII–X) rule: ECCNs 

0B606, 0B617, 0C606, and 0C617. This 

rule also excludes from control under 

ECCNs 9D001, 9D002, 9D003, 9E001, 

and 9E002 the following ‘‘600 series’’ 

ECCNs added to the CCL on October 15, 

2013: ECCNs 9B610 and 9B619. 

Second, this final rule amends ECCNs 

9D001, 9D002, 9D003, 9D104, 9E001, 

9E002, 9E101, and 9E102 by removing 

from the headings of these ECCNs all 

references to the CCL Category 9 

placeholder ECCNs that describe only 

items subject to the export licensing 

jurisdiction of DDTC. Furthermore, this 

rule amends the Related Controls 

paragraphs of the ECCNs indicated 

above to identify the items described in 

the placeholder ECCNs as subject to the 

export licensing jurisdiction of DDTC. 

Third, this final rule amends ECCNs 

9B115 and 9B116 by removing from the 

headings of these ECCNs all references 

to the CCL Category 9 placeholder 

ECCNs that describe only items subject 

to the export licensing authority of 

DDTC. These placeholder references are 

replaced by references to the 

appropriate USML Category IV controls, 

as described in a rule by the U.S. 

Department of State, Directorate of 

Defense Trade Controls, that is being 

published in conjunction with this final 

rule. This final rule amends the 

headings of ECCNs 9B115 and 9B116 by 

adding references to specific USML 

categories, because these ECCNs control 

‘‘specially designed’’ ‘‘production 

equipment’’ and ‘‘specially designed’’ 

‘‘production facilities,’’ respectively, for 

certain USML Category IV defense 

articles, as well as certain CCL Category 

9 commodities. 

These conforming changes and 

clarifications also eliminate perceived 

discrepancies in the current text of 

certain CCL Category 9 ‘‘software’’ and 

‘‘technology’’ ECCNs. For example, the 

heading of ECCN 9E102 included 

‘‘technology’’ for the ‘‘use’’ of space 

launch vehicles described in ECCN 

9A004, while the Related Controls 

paragraph of ECCN 9E102 indicated that 

such ‘‘technology’’ was subject to the 

export licensing jurisdiction of DDTC. 

This final rule amends the heading of 

ECCN 9E102 to include ‘‘technology’’ 

for commodities described in ECCN 

9A004 (except for items that are subject 

to the ITAR, see 22 CFR part 121) and 

also amends the Related Controls 

paragraph in ECCN 9E102 to indicate 

that ‘‘technology’’ for ECCN 9A004 

(except for items that are subject to the 

EAR) is subject to the export licensing 

jurisdiction of DDTC. 

This final rule also corrects an error 

in the heading of ECCN 9E101, which 

indicated that this ECCN controlled 

‘‘development,’’ ‘‘production,’’ and 

‘‘use’’ ‘‘technology. In fact, such ‘‘use’’ 

‘‘technology’’ is controlled under ECCN 

9E102. Therefore, this rule amends the 

heading of ECCN 9E101 to remove the 

reference to ‘‘use’’ ‘‘technology.’’ 

Furthermore, this final rule amends the 

MT controls paragraphs in ECCNs 

9E001 and 9E002 to indicate that, in 

addition to the items previously 

identified in these paragraphs, MT 

controls also apply to ‘‘technology’’ for 

equipment controlled by 9B115. 

However, the MT controls paragraph in 

9E002 no longer references 9B117, 

because ‘‘production’’ ‘‘technology’’ for 

9B117 is not controlled under ECCN 

9E002, as indicated in the ECCN 

heading. 

This rule also revises the Related 

Controls paragraphs in ECCNs 1A007 

and 3A232 to reflect the addition of new 

‘‘600 series’’ ECCN 0A604, as described 

above. Consistent with the previous 

changes, this rule also adds a cross 

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280 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

reference to ECCN 3A232 in the Related 

Controls paragraph for ECCN 1A007. 

Changes to the EAR amendments 

proposed in the January 31 (launch 

vehicles) rule 

Test, Inspection, and Other Production 

‘‘Equipment’’ Controlled Under New 

ECCN 0B604.a 

As noted in the response to comments 

on ECCN 0B604 (see above), ECCN 

0B604.a now states that it controls test, 

inspection, and other production 

‘‘equipment’’ that is ‘‘specially 

designed’’ for the ‘‘production’’ or 

‘‘development’’ of commodities 

controlled by ECCN 0A604 or the 

bombs, torpedoes, depth charges, mines 

and hand grenades, and parts, 

components, accessories and 

attachments therefor, controlled under 

USML Category IV. 

Changes To Make New ECCN 9B604 

Consistent With the CCL Order of 

Review 

Supplement No. 4 to part 774, which 

became effective on October 15, 2013, 

gives ‘‘600 series’’ ECCNs precedence 

over non-‘‘600 series’’ ECCNs when 

classifying an item. Accordingly, the 

controls in ECCN 9B604 in this final 

rule differ from the controls proposed in 

the January 31 (launch vehicles) rule in 

that they do not limit the scope of the 

test, inspection, and other production 

‘‘equipment’’ controlled by ECCN 

9B604.c to ‘‘equipment’’ that is not 

controlled elsewhere on the CCL (except 

with respect to ‘‘equipment’’ specified 

in ECCN 0B604.a or elsewhere in 9B604, 

i.e., 9B604.a, .b, or .d). This means that 

if an item subject to the EAR is 

described by a ‘‘600 series’’ ECCN (e.g., 

ECCN 9B604), then the item would be 

controlled under the ‘‘600 series’’ ECCN 

even if it were also described elsewhere 

on the CCL under a non-‘‘600 series’’ 

ECCN. 

Export Administration Act 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and as extended by the Notice of August 

8, 2013, 78 FR 49107 (August 12, 2013), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act. BIS continues to 

carry out the provisions of the Export 

Administration Act, as appropriate and 

to the extent permitted by law, pursuant 

to Executive Order 13222. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget (OMB). 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor is subject to a penalty 

for failure to comply with, a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

OMB control number. This final rule 

would affect the following approved 

information collections: Simplified 

Network Application Processing System 

(control number 0694–0088), which 

includes, among other things, license 

applications; license exceptions (0694– 

0137); voluntary self-disclosure of 

violations (0694–0058); recordkeeping 

(0694–0096); export clearance (0694– 

0122); and the Automated Export 

System (0607–0152). 

As stated in the July 15 (framework) 

rule, BIS believed that the combined 

effect of all rules to be published adding 

items to the EAR that would be removed 

from the ITAR as part of the 

administration’s ECR Initiative would 

increase the number of license 

applications to be submitted to BIS by 

approximately 16,000 annually. As the 

review of the USML progressed, the 

interagency group gained more specific 

information about the number of items 

that would come under BIS jurisdiction. 

As of the June 21 (transition) rule, BIS 

estimated the increase in license 

applications to be 30,000 annually, 

resulting in an increase in burden hours 

of 8,500 (30,000 transactions at 17 

minutes each) under control number 

0694–0088. BIS continues to review its 

estimate of this level of increase as more 

information becomes available. As 

described below, the net burden US 

export controls impose on US exporters 

will go down as a result of the transfer 

of less sensitive military items to the 

jurisdiction of the CCL and the 

application of the license exceptions 

and other provisions set forth in this 

rule. 

Some items formerly on the USML 

will become eligible for License 

Exception STA under this rule. Other 

such items may become eligible for 

License Exception STA upon approval 

of an eligibility request. BIS believes 

that the increased use of License 

Exception STA resulting from the 

combined effect of all rules to be 

published adding items to the EAR that 

would be removed from the ITAR as 

part of the administration’s Export 

Control Reform Initiative would 

increase the burden associated with 

control number 0694–0137 by about 

14,758 hours (12,650 transactions at 1 

hour and 10 minutes each). BIS expects 

that this increase in burden would be 

more than offset by a reduction in 

burden hours associated with approved 

collections related to the ITAR. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The Regulatory Flexibility Act 

(RFA), as amended by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 5 U.S.C. 

601 et seq., generally requires an agency 

to prepare a regulatory flexibility 

analysis of any rule subject to the notice 

and comment rulemaking requirements 

under the Administrative Procedure Act 

(5 U.S.C. 553) or any other statute, 

unless the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. Under section 605(b) of the 

RFA, however, if the head of an agency 

certifies that a rule will not have a 

significant impact on a substantial 

number of small entities, the statute 

does not require the agency to prepare 

a regulatory flexibility analysis. 

Pursuant to section 605(b), the Chief 

Counsel for Regulations, Department of 

Commerce, certified to the Chief 

Counsel for Advocacy that the four 

proposed rules on which this rule is 

based would not have a significant 

impact on a substantial number of small 

entities. The rationales for those 

certifications were stated in the 

preambles to the proposed rules (see 77 

FR 25932, 25938, May 2, 2012; 77 FR 

33688, 33693, June 7, 2012; 77 FR 

35310, 35313, June 13, 2012 and 78 FR 

6750, 6756, January 31, 2013). BIS 

received no comments on those 

rationales and makes no changes to 

them for this final rule. Therefore, they 

are not repeated here. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 281 

List of Subjects 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—[AMENDED] 

■ 1. The authority citation for part 740 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 

p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 2. In § 740.2: 

■ a. Revise paragraph (a)(12); 

■ b. Remove the word ‘‘and’’ from 

paragraph (a)(13)(v); 

■ c. Redesignate paragraph (a)(13)(vi) as 

paragraph (a)(13)(vii); and 

■ d. Add a new paragraph (a)(13)(vi). 

The revision and addition read as 

follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(12) The item is described in a ‘‘600 

series’’ ECCN and is destined to, 

shipped from, or was manufactured in 

a destination listed in Country Group 

D:5 (see Supplement No.1 to part 740 of 

the EAR), except that: 

(i) ‘‘600 series’’ items destined to, or 

in, Country Group D:5 are eligible for 

License Exception GOV (§ 740.11(b)(2) 

of the EAR); and 

(ii) 1A613.c or .d items destined to, or 

in, Country Group D:5 are eligible for 

License Exception TMP (§ 740.9(a)(11) 

of the EAR) or License Exception BAG 

(§ 740.14(h)(2) of the EAR). 

(13) * * * 

(vi) License Exception BAG (§ 740.14); 

and 

* * * * * 

■ 3. Section 740.9 is amended by adding 

paragraph (a)(11) and revising the first 

sentence of paragraph (a)(14) 

introductory text to read as follows: 

§ 740.9 Temporary imports, exports, 

reexports, and transfers (in-country) (TMP). 

* * * * * 

(a) * * * 

(11) Personal protective equipment 

classified under ECCN 1A613.c or .d. (i) 

Temporary exports, reexports, or incountry transfers to countries not 

identified in Country Group D:5. U.S. 

persons may temporarily export or 

reexport one set of body armor classified 

under ECCN 1A613.d, which may 

include one helmet classified under 

1A613.c, to countries not identified in 

Country Group D:5, provided that: 

(A) The items are with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); and 

(B) The items are for that U.S. 

person’s exclusive use and not for 

transfer of ownership unless reexported 

or transferred (in-country) to another 

U.S. person. 

(ii) Temporary exports, reexports, or 

transfers (in-country) to countries 

identified in Country Group D:5. 

(A) Afghanistan. U.S. persons may 

temporarily export or reexport one set of 

body armor classified under ECCN 

1A613.d, which may include one 

helmet classified under ECCN 1A613.c, 

to Afghanistan for personal use 

provided that the requirements in 

paragraph (a)(11)(i) of this section are 

met. 

(B) Iraq. U.S. persons may temporarily 

export or reexport one set of body armor 

classified under ECCN 1A613.d, which 

may include one helmet classified 

under ECCN 1A613.c, to Iraq for 

personal use provided that the 

requirements in paragraph (a)(11)(i) of 

this section are met. In addition, the 

U.S. person must be affiliated with the 

U.S. Government and traveling on 

official business or traveling in support 

of a U.S. Government contract, or the 

U.S. person must be traveling to Iraq 

under a direct authorization by the 

Government of Iraq and engaging in 

activities for, on behalf of, or at the 

request of, the Government of Iraq. 

Documentation regarding direct 

authorization from the Government of 

Iraq shall include an English translation. 

(C) Other countries in Country Group 

D:5. U.S. persons may temporarily 

export or reexport one set of body armor 

classified under ECCN 1A613.d, which 

may include one helmet classified 

under ECCN 1A613.c, provided that the 

requirements in paragraph (a)(11)(i) of 

this section are met, and the U.S. person 

is affiliated with the U.S. Government 

traveling on official business or is 

traveling in support of a U.S. 

Government contract. 

(iii) Items exported, reexported, or 

transferred (in-country) under paragraph 

(a)(11) of this section, if not consumed 

or destroyed in the normal course of 

authorized temporary use abroad, must 

be returned to the United States or other 

country from which the items were so 

transferred as soon as practicable but no 

later than four years after the date of 

export, reexport or transfer (in-country). 

* * * * * 

(14) * * * With the exception of 

items described in paragraph (a)(11) of 

this section, all items exported, 

reexported, or transferred (in-country) 

under this section must, if not 

consumed or destroyed in the normal 

course of authorized temporary use 

abroad, be returned to the United States 

or other country from which the items 

were so transferred as soon as 

practicable but no later than one year 

after the date of export, reexport, or 

transfer (in-country). * * * 

* * * * * 

■ 4. Section 740.14 is amended by 

adding paragraph (h) to read as follows: 

§ 740.14 Baggage (BAG). 

* * * * * 

(h) Special provisions: personal 

protective equipment classified under 

ECCN 1A613.c or .d. (1) Exports, 

reexports, or in-country transfers to 

countries not identified in Country 

Group D:5. U.S. persons may export, 

reexport, or transfer (in-country) one set 

of body armor classified under ECCN 

1A613.d, which may include one 

helmet classified under or ECCN 

1A613.c, to countries not identified in 

Country Group D:5, provided that: 

(i) The items are with the U.S. 

person’s baggage or effects, whether 

accompanied or unaccompanied (but 

not mailed); and 

(ii) The items are for that person’s 

exclusive use and not for transfer of 

ownership unless reexported or 

transferred (in-country) to another U.S. 

person. 

(2) Exports, reexports, or in-country 

transfers to countries identified in 

Country Group D:5. (i) Afghanistan. U.S. 

persons may export, reexport, or transfer 

(in-country) one set of body armor 

classified under ECCN 1A613.d, which 

may include one helmet classified 

under ECCN 1A613.c, to Afghanistan for 

personal use provided that the 

requirements in paragraph (h)(1) of this 

section are met. 

(ii) Iraq. U.S. persons may export, 

reexport, or transfer (in-country) one set 

of body armor classified under ECCN 

1A613.d, which may include one 

helmet classified under ECCN 1A613.c, 

to Iraq for personal use provided that 

the requirements in paragraph (h)(1) of 

this section are met. In addition, the 

U.S. person must be affiliated with the 

U.S. Government and traveling on 

official business or traveling in support 

of a U.S. Government contract, or the 

U.S. person must be traveling to Iraq 

under a direct authorization by the 

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282 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Government of Iraq and engaging in 

activities for, on behalf of, or at the 

request of, the Government of Iraq. 

Documentation regarding direct 

authorization from the Government of 

Iraq shall include an English translation. 

(iii) Other countries in Country Group 

D:5. U.S. persons may export, reexport, 

or transfer (in-country) one set of body 

armor classified under ECCN 1A613.d, 

which may include one helmet 

classified under ECCN 1A613.c, 

provided that the requirements in 

paragraph (h)(1) of this section are met, 

and the U.S. person is affiliated with the 

U.S. Government traveling on official 

business or is traveling in support of a 

U.S. Government contract. 

Note to paragraph (h): Body armor 

controlled under ECCN 1A005 is eligible for 

this License Exception under paragraph (b) of 

this section. 

PART 774—[AMENDED] 

■ 5. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 8, 2013, 78 

FR 49107 (August 12, 2013). 

■ 6. In Supplement No. 1 to part 774, 

Category 0, Export Control Classification 

Number 0A018 is amended by: 

■ a. Revising the ‘‘Related Controls’’ 

paragraph in the List of Items Controlled 

section to read as follows; 

■ b. Removing and reserving ‘‘Items’’ 

paragraph .d in the List of Items 

Controlled section; and 

■ c. Removing the ‘‘Note’’ to ‘‘Items’’ 

paragraph .d in the List of Items 

Controlled section. 

The revision reads as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A018 Items on the Wassenaar Munitions 

List (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also 0A979, 0A988, 

and 22 CFR 121.1 Categories I(a), III(b–d), 

and X(a). (2) See ECCN 0A617.y.1 and .y.2 

for items formerly controlled by ECCN 

0A018.a. (3) See ECCN 1A613.c for military 

helmets providing less than NIJ Type IV 

protection and ECCN 1A613.y.1 for 

conventional military steel helmets that, 

immediately prior to July 1, 2014, were 

classified under 0A018.d and 0A988. (4) 

See 22 CFR 121.1 Category X(a)(5) and 

(a)(6) for controls on other military 

helmets. 

* * * * * 

■ 7. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0A604 between ECCNs 

0A521 and 0A606 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A604 Commodities Related to Military 

Explosive Devices and Charges (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country Chart (See 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 0A604. 

List of Items Controlled 

Related Controls: (1) Torpedoes, bombs, and 

mines are subject to the ITAR (see 22 CFR 

§ 121.1, USML Category IV). (2) Smoke 

bombs, non-irritant smoke flares, canisters, 

grenades and charges, and other 

pyrotechnical articles having both military 

and commercial applications are controlled 

by ECCN 1A984. (3) Certain explosive 

detonator firing sets, electrically driven 

explosive detonators, and detonators and 

multipoint initiation systems are 

controlled by ECCN 1A007 or ECCN 

3A232. (4) See ECCN 0A919 for foreignmade ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Demolition blocks, and detonators 

designed, modified, or adapted therefor. 

b. Military explosive excavating devices. 

Note to 0A604.a and .b: This entry does 

not control the detonators and other items 

described in ECCN 1A007 or ECCN 3A232. 

c. Smoke hand grenades and stun hand 

grenades (e.g., ‘‘flashbangs’’) not controlled 

by ECCN 1A984. 

d. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to control 

in paragraphs .a through .c of this ECCN, or 

for a defense article controlled under USML 

Category IV, and not specified elsewhere on 

the USML. 

Note 1 to 0A604.x: Forgings, castings, and 

other unfinished products, such as extrusions 

and machined bodies, that have reached a 

stage in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 0A604.x, 

are controlled by ECCN 0A604.x. 

Note 2 to 0A604.x: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ specified 

in USML Category IV(h) are subject to the 

controls of that paragraph. 

* * * * * 

■ 8. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0A614 between ECCNs 

0A606 and 0A617 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A614 Military Training ‘‘Equipment,’’ as 

Follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country Chart (See 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 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: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2)) of the EAR may not be 

used for any item in 0A614. 

List of Items Controlled 

Related Controls: (1) Defense articles that are 

enumerated or otherwise described in 

USML Category IX and ‘‘technical data’’ 

(including ‘‘software’’) directly related 

thereto are subject to the ITAR. (2) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis of US-origin ‘‘600 series’’ 

items. (3) ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ that are 

common to a simulator controlled by ECCN 

0A614.a and to a simulated system or an 

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end item that is controlled on the USML 

or elsewhere on the CCL are controlled 

under the same USML Category or ECCN 

as the ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories’’ and ‘‘attachments’’ of the 

simulated system or end item. 

Related Definitions: N/A 

Items: 

a. ‘‘Equipment’’ ‘‘specially designed’’ for 

military training that is not enumerated or 

otherwise described in USML Category IX. 

Note 1 to 0A614: This entry includes 

operational flight trainers, radar target 

trainers, flight simulators for aircraft 

classified under ECCN 9A610.a, human-rated 

centrifuges, instrument flight trainers for 

military aircraft, navigation trainers for 

military items, target equipment, armament 

trainers, military pilotless aircraft trainers, 

mobile training units and training 

‘‘equipment’’ for ground military operations. 

Note 2 to 0A614: This entry does not apply 

to ‘‘equipment’’ ‘‘specially designed’’ for 

training in the use of hunting or sporting 

weapons. 

b. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

‘‘attachments’’ that are ‘‘specially designed’’ 

for a commodity controlled by this entry or 

an article enumerated or otherwise described 

in USML Category IX, and not specified 

elsewhere on the USML. 

Note 3 to 0A614: Forgings, castings, and 

other unfinished products, such as extrusions 

and machined bodies, that have reached a 

stage in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 0A614.x 

are controlled by ECCN 0A614.x. 

* * * * * 

■ 9. In Supplement No. 1 to part 774, 

Category 0, Export Control Classification 

Number 0A988 is revised to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0A988 Conventional Military Steel Helmets 

as Described by 0A018.d.1. 

No items currently are in this ECCN. See 

ECCN 1A613.y.1 for conventional steel 

helmets that, immediately prior to July 1, 

2014, were classified under 0A988. 

■ 10. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0B604 between ECCNs 0B521 

and 0B606 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0B604 Test, Inspection, and Production 

‘‘Equipment’’ and Related Commodities 

‘‘Specially Designed’’ for the 

‘‘Development,’’ ‘‘Production,’’ Repair, 

Overhaul, or Refurbishing of 

Commodities in ECCN 0A604 or Related 

Defense Articles in USML Category IV 

(see List of Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country Chart (See 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 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: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 0B604. 

List of Items Controlled 

Related Controls: (1) See ECCN 9B604, which 

controls test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities in ECCN 9A604 or related 

defense articles in USML Category IV. (2) 

See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of USorigin ‘‘600 series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and other production 

‘‘equipment’’ that are ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of commodities 

controlled by ECCN 0A604 or for bombs, 

torpedoes, depth charges, mines and hand 

grenades, and parts, components, accessories 

and attachments therefor, controlled under 

USML Category IV. 

b. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to control 

in paragraph .a of this ECCN. 

■ 11. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0B614 between ECCNs 0B606 

and 0B617 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0B614 Test, Inspection, and Production 

‘‘Equipment’’ for Military Training 

‘‘Equipment’’ and ‘‘Specially Designed’’ 

‘‘Parts,’’ ‘‘Components,’’ ‘‘Accessories’’ 

and ‘‘Attachments’’ Therefor, as Follows 

(see List of Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country Chart (See 

Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 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: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 0B614. 

List of Items Controlled 

Related Controls: See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of US-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and other production 

‘‘equipment’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of commodities 

controlled by ECCN 0A614 or articles 

enumerated or otherwise described in USML 

Category IX. 

b. through .w [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled by 

ECCN 0B614. 

■ 12. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

ECCN 0D001 is amended by revising the 

heading of the ECCN to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0D001 ‘‘Software’’ specially designed or 

modified for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of items 

described in ECCN 0A001 or 0A002, 0B 

(except for ECCNs 0B604, 0B606, 0B614, 

0B617, 0B986 and 0B999), or 0C (except 

for ECCN 0C606 and 0C617) 

* * * * * 

■ 13. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0D604 between ECCNs 

0D521 and 0D606 to read as follows: 

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284 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0D604 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCN 0A604 

or 0B604 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 0D604. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles enumerated in USML 

Category IV is controlled under USML 

Category IV(i). (2) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of U.S.-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCN 0A604 or 0B604. 

b. [Reserved] 

* * * * * 

■ 14. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0D614 between ECCNs 

0D606 and 0D617 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0D614 ‘‘Software’’ related to military 

training ‘‘equipment,’’ as follows (see 

List of Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘software’’ in 0D614. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles enumerated in USML 

Category IX is subject to the control of 

USML paragraph IX(e). (2) See ECCN 

0A919 for foreign made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of US-origin ‘‘600 

series’’ items. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCNs 0A614 or 0B614. 

b. [Reserved] 

* * * * * 

■ 15. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

ECCN 0E001 is amended by revising the 

heading of the ECCN to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0E001 ‘‘Technology,’’ according to the 

Nuclear Technology Note, for the 

‘‘development’’, ‘‘production’’, or ‘‘use’’ 

of items described in ECCN 0A001 or 

0A002, 0B (except for ECCNs 0B604, 

0B606, 0B614, 0B617, 0B986, and 

0B999), 0C (except for ECCN 0C606 and 

0C617), or ECCN 0D001 

* * * * * 

■ 16. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0E604 between ECCNs 0E521 

and 0E606 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0E604 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by ECCN 0A604 

or 0B604, or ‘‘software’’ controlled by 

ECCN 0D604 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 0E604. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category IV are controlled under USML 

Category IV(i). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 0A604 or 0B604, or ‘‘software’’ 

controlled by ECCN 0D604. 

b. [Reserved] 

* * * * * 

■ 17. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

0—Nuclear Materials, Facilities, and 

Equipment [and Miscellaneous Items], 

add ECCN 0E614 between ECCNs 0E606 

and 0E617 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

0E614 ‘‘Technology,’’ as follows (see List of 

Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 285 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any technology in 0E614. 

List of Items Controlled 

Related Controls: ‘‘Technical data’’ directly 

related to articles enumerated in USML 

Category IX is subject to the control of 

USML paragraph IX(e). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair overhaul, or 

refurbishing of commodities or ‘‘software’’ 

controlled by ECCNs 0A614, 0B614, or 

0D614. 

b. [Reserved] 

* * * * * 

■ 18. In Supplement No. 1 to part 774, 

Category 1, ECCN 1A005 is amended by: 

■ a. Adding a License Requirements 

Notes paragraph at the end of the 

License Requirements section; 

■ b. Revising the Related Controls 

paragraph; and 

■ c. Revising paragraphs a. and b. in the 

Items paragraph of the List of Items 

Controlled section. 

The addition and revisions read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A005 Body armor and components 

therefor, as follows (see List of Items 

Controlled) 

License Requirements 

Reasons for Control 

* * * * * 

License Requirements Notes: 1. Soft body 

armor not manufactured to military 

standards or specifications must provide 

ballistic protection equal to or less than NIJ 

level III (NIJ 0101.06, July 2008) to be 

controlled under 1A005.a. 2. For purposes 

of 1A005.a, military standards and 

specifications include, at a minimum, 

specifications for fragmentation protection. 

* * * * * 

List of Items Controlled 

Related Controls: (1) Bulletproof and bullet 

resistant vests (body armor) providing NIJ 

Type IV protection or greater are subject to 

the ITAR (see 22 CFR 121.1 Category X(a)). 

(2) Soft body armor and protective 

garments manufactured to military 

standards or specifications that provide 

protection equal to NIJ level III or less are 

classified under ECCN 1A613.d.1. (3) Hard 

armor plates providing NIJ level III ballistic 

protection are classified under ECCN 

1A613.d.2. (4) Police helmets and shields 

are classified under ECCN 0A979. (5) Other 

personal protective ‘‘equipment’’ 

‘‘specially designed’’ for military 

applications not controlled by the USML or 

elsewhere in the CCL is classified under 

ECCN 1A613.e. (6) For ‘‘fibrous or 

filamentary materials’’ used in the 

manufacture of body armor, see ECCN 

1C010. 

* * * * * 

Items: 

a. Soft body armor not manufactured to 

military standards or specifications, or to 

their equivalents, and ‘‘specially designed’’ 

‘‘components’’ therefor. 

b. Hard body armor plates that provide 

ballistic protection less than NIJ level III (NIJ 

0101.06, July 2008) or national equivalents. 

* * * * * 

■ 19. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1A007 is amended by revising the 

Related Controls paragraph in the List of 

Items Controlled section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A007 Equipment and devices, specially 

designed to initiate charges and devices 

containing energetic materials, by 

electrical means, as follows (see List of 

Items Controlled) 

* * * * * 

List of Items Controlled 

Related Controls: High explosives and related 

equipment specially designed for military 

use are ‘‘subject to the ITAR’’ (see 22 CFR 

parts 120 through 130). This entry does not 

control detonators using only primary 

explosives, such as lead azide. See also 

ECCNs 0A604, 3A229, and 3A232. See 

1E001 for ‘‘development’’ and 

‘‘production’’ technology controls, and 

1E201 for ‘‘use’’ technology controls. 

* * * * * 

■ 20. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1A008 is amended by revising the 

second related control in the Related 

Controls paragraph of the List of Items 

Controlled section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A008 Charges, devices and components, 

as follows (see List of Items Controlled) 

* * * * * 

List of Items Controlled 

Related Controls: * * * 

(2) See also ECCNs 1C011, 1C018, 1C111, 

1C239, and 1C608 for additional controlled 

energetic materials. See ECCN 1E001 for the 

‘‘development’’ or ‘‘production’’ 

‘‘technology’’ for the commodities controlled 

by ECCN 1A008, but not for explosives or 

commodities that are ‘‘subject to the ITAR’’ 

(see 22 CFR parts 120 through 130). 

* * * * * 

■ 21. In Supplement No. 1 to part 774, 

Category 1, add a ECCN 1A613 between 

ECCNs 1A290 and 1A984 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A613 Armored and protective 

‘‘equipment’’ and related commodities, 

as follows 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 

1A613.y.

NS Column 1 

RS applies to entire 

entry except 

1A613.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

1A613.y.

See § 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)(2) of License 

Exception STA (§ 740.20(c)(2) of the EAR) 

may not be used for any item in 1A613. 

List of Items Controlled 

Related Controls: (1) Defense articles, such as 

materials made from classified 

information, that are controlled by USML 

Category X or XIII of the ITAR, and 

technical data (including software) directly 

related thereto, are subject to the ITAR. (2) 

See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of USorigin ‘‘600 series’’ controlled content. 

Related Definitions: References to ‘‘NIJ Type’’ 

protection are to the National Institute of 

Justice Classification guide at NIJ Standard 

0101.06, Ballistic Resistance of Body 

Armor, and NIJ Standard 0108.01, Ballistic 

Resistant Protective Materials. 

Items: 

a. Armored plate ‘‘specially designed’’ for 

military use and not controlled by the USML. 

Note to paragraph a: For controls on body 

armor plates, see ECCN 1A613.d.2 and USML 

Category X(a)(1). 

b. Shelters ‘‘specially designed’’ to: 

b.1. Provide ballistic protection for military 

systems, or 

b.2. Protect against nuclear, biological, or 

chemical contamination. 

c. Military helmets (other than helmets 

controlled under 1A613.y.1) and helmet 

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286 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

shells providing less than NIJ Type IV 

protection. 

Note 1 to paragraph c: See ECCN 0A979 

for controls on police helmets. 

Note 2 to paragraph c: See USML Category 

X(a)(5) and (a)(6) for controls on other 

military helmets. 

d. Body armor and protective garments, as 

follows: 

d.1. Soft body armor and protective 

garments manufactured to military standards 

or specifications, or to their equivalents, that 

provide ballistic protection equal to or less 

than NIJ level III (NIJ 0101.06, July 2008); or 

Note: For 1A613.d.1, military standards or 

specifications include, at a minimum, 

specifications for fragmentation protection. 

d.2. Hard body armor plates that provide 

ballistic protection equal to NIJ level III (NIJ 

0101.06, July 2008) or national equivalents. 

Note: See ECCN 1A005 for controls on soft 

body armor not manufactured to military 

standards or specifications and hard body 

armor plates providing less than NIJ level III 

protection. For body armor providing NIJ 

Type IV protection or greater, see USML 

Category X(a)(1). 

e. Other personal protective ‘‘equipment’’ 

‘‘specially designed’’ for military 

applications not controlled by the USML. 

f. to w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity controlled by 

ECCN 1A613 (except for 1A613.y) or an 

article enumerated in USML Category X, and 

not controlled elsewhere in the USML. 

Note: Forgings, castings, and other 

unfinished products, such as extrusions and 

machined bodies, that have reached a stage 

in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 1A613.x 

are controlled by ECCN 1A613.x. 

y. Other commodities as follows: 

y.1 Conventional military steel helmets. 

y.2 [Reserved] 

* * * * * 

■ 22. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1B018 is amended in the List of Items 

Controlled section by revising the 

‘‘Related Controls’’ paragraph and by 

removing and reserving paragraph a. 

The revision reads as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1B018 Items on the Wassenaar 

Arrangement Munitions List (see List of 

Items controlled) 

* * * * * 

List of Items Controlled 

Related Controls: See ECCN 1B608.a, .b, and 

.x for items that, immediately prior to July 

1, 2014, were classified under 1B018.a. 

* * * * * 

■ 23. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ add 

ECCNs 1B608 and 1B613 between 

ECCNs 1B233 and 1B999 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1B608 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of 

commodities enumerated in ECCN 

1C608 or USML Category V (see List of 

Items Controlled) 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

MT applies to equipment ‘‘specially designed’’ for MTcontrolled commodities in ECCN 

1C608 or MT articles in USML Category V.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 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: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 1B608. 

List of Items Controlled 

Related Controls: (1) Defense articles that are 

enumerated in USML Category V, and 

technical data (including software) directly 

related thereto, are subject to the ITAR. (2) 

See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of USorigin ‘‘600 series’’ controlled content. (3) 

See ECCN 1B115 for controls on 

‘‘production equipment,’’ not controlled by 

this ECCN 1B608, for propellants or 

propellant constituents described in ECCN 

1C011.a, 1C011.b, or 1C111 or in USML 

Category V. 

Related Definitions: N/A 

Items: 

a. ‘‘Equipment’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of items controlled 

by ECCN 1C608 or USML Category V and not 

elsewhere specified on the USML. 

Note to paragraph a: ECCN 1B608.a. 

includes: (1) Continuous nitrators; (2) 

dehydration presses; 

(3) cutting machines for the sizing of 

extruded propellants; (4) sweetie barrels 

(tumblers) 6 feet or more in diameter and 

having over 500 pounds product capacity; (5) 

convection current converters for the 

conversion of materials listed in USML 

Category V(c)(2); and (6) extrusion presses for 

the extrusion of small arms, cannon and 

rocket propellants. 

b. Complete installations ‘‘specially 

designed’’ for the ‘‘development,’’ 

‘‘production,’’ repair, overhaul, or 

refurbishing of items controlled by ECCN 

1C608 or USML Category V and not 

elsewhere specified on the USML. 

c. Environmental test facilities ‘‘specially 

designed’’ for the certification, qualification, 

or testing of items controlled by ECCN 1C608 

or USML Category V. 

d. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to control 

in this ECCN or a defense article in USML 

Category V and not elsewhere specified on 

the USML. 

1B613 Test, inspection, and ‘‘production’’ 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of 

commodities controlled by ECCN 1A613 

or USML Category X, as follows (see List 

of Items Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 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: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 1B613. 

List of Items Controlled 

Related Controls: See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 287 

incorporate more than a de minimis 

amount of US-origin ‘‘600 series’’ 

controlled content. 

Related Definitions: N/A 

Items: 

a. Test, inspection, and ‘‘production’’ 

‘‘equipment,’’ not controlled by USML 

Category X(c), that is ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of commodities 

controlled by ECCN 1A613 or USML 

Category X. 

b. Plasma pressure compaction (P2C) 

‘‘equipment’’ ‘‘specially designed’’ for the 

‘‘production’’ of ceramic or composite body 

armor plates controlled by ECCN 1A613 or 

USML Category X. 

* * * * * 

■ 24. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1C011 is amended by revising paragraph 

(1) in the Related Controls paragraph in 

the List of Items Controlled section to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C011 Metals and compounds, other than 

those specified in 1C111, as follows (see 

List of Items Controlled) 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also ECCNs 1C111 

and 1C608. * * *. 

* * * * * 

■ 25. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1C018 is revised to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C018 Commercial charges and devices 

containing energetic materials on the 

Wassenaar Arrangement Munitions List 

and certain chemicals 

No items currently are in this ECCN. (1) 

See ECCN 1C608.b. through .m for items that, 

immediately prior to July 1, 2014 were 

classified under 1C018.b through .m. (2) See 

ECCNs 1C011, 1C111, and 1C239 for 

additional controlled energetic materials, 

including chlorine trifluoride (ClF3), which is 

controlled under ECCN 1C111.a.3.f. (3) See 

ECCN 1A008 for shaped charges, detonating 

cord, and cutters and severing tools. 

* * * * * 

■ 26. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ revise 

ECCN 1C111 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

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 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

MT applies to entire 

entry except 

1C111.d.3.

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 °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 

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 × 10¥6 m (200 mm) and an 

aluminum content of 97% by weight or more, 

if at least 10 percent of the total weight is 

made up of particles of less than 63 mm, 

according to ISO 2591:1988 or national 

equivalents. 

Technical Note: A particle size of 63 mm 

(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 m (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 (N2O4/ 

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), except for hydroxylterminated 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); 

b.5. Polytetrahydrofuran polyethylene 

glycol (TPEG). 

Technical Note: Polytetrahydrofuran 

polyethylene glycol (TPEG) is a block 

copolymer of poly 1,4 Butanediol and 

polyethylene glycol (PEG). 

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); 

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288 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

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; 

d.8. Allylhydrazine (C.A.S. # 7422–78–8); 

d.9. Ethylene dihydrazine; 

d.10. Monomethylhydrazine dinitrate; 

d.11. Unsymmetrical dimethylhydrazine 

nitrate; 

d.12. Dimethylhydrazinium azide; 

d.13. Hydrazinium azide (C.A.S. # 14546– 

44–2); 

d.14. Hydrazinium dinitrate; 

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); 

d.19. Diethylhydrazine nitrate (DEHN); 

d.20. 3,6-dihydrazino tetrazine nitrate 

(DHTN), also referred to as 1,4-dihydrazine 

nitrate. 

* * * * * 

Supplement No. 1 to Part 774— 

[Amended] 

■ 27. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1C238 is removed. 

■ 28. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1C239 is amended by revising the 

Related Controls paragraph in the List of 

Items Controlled section to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C239 High Explosives, Other Than Those 

Controlled by the U.S. Munitions List, or 

Substances or Mixtures Containing More 

Than 2% by Weight Thereof, With a 

Crystal Density Greater Than 1.8 g/cm3

and Having a Detonation Velocity 

Greater than 8,000 m/s 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCNs 1E001 

(‘‘development’’ and ‘‘production’’) and 

1E201 (‘‘use’’) for technology for items 

controlled by this entry. (2) See ECCNs 

1C608 (energetic materials and related 

commodities on the Wassenaar Arrangement 

Munitions List) and 1C992 (commercial 

charges and devices containing energetic 

materials, n.e.s and nitrogen trifluoride in a 

gaseous state). (3) High explosives for 

military use are subject to the ITAR (see 22 

CFR Part 121.1). 

* * * * * 

■ 29. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ add 

ECCN 1C608 between ECCNs 1C395 and 

1C980 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C608 Energetic Materials and Related 

Commodities (see List of Items 

Controlled) 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

MT applies to 

1C608.m.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 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: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 1C608. 

List of Items Controlled 

Related Controls: (1) The EAR does not 

control devices or charges containing 

materials controlled by USML 

subparagraphs V(c)(6), V(h), or V(i). The 

USML controls devices containing such 

materials. (2) The USML in Categories III, 

IV, or V controls devices and charges in 

this entry if they contain materials 

controlled by Category V (other than 

slurries) and such materials can be easily 

extracted without destroying the device or 

charge. (3) See also explosives and other 

items enumerated in ECCNs 1A006, 1A007, 

1A008, 1C011, 1C111, 1C239, and 1C992. 

(4) See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of USorigin ‘‘600 series’’ controlled content. 

Related Definitions: For purposes of this 

entry, the term ‘‘controlled materials’’ 

means controlled energetic materials 

enumerated in ECCNs 1C011, 1C111, 

1C239, 1C608, or USML Category V. 

Items: 

a. Single base, double base, and triple base 

propellants having nitrocellulose with 

nitrogen content greater than 12.6% in the 

form of either: 

a.1. Sheetstock or carpet rolls; or 

a.2. Grains with diameter greater than 0.10 

inches. 

Note: This entry does not control 

propellant grains used in shotgun shells, 

small arms cartridges, or rifle cartridges. 

Note: Sheetstock is propellant that has 

been manufactured in the form of a sheet 

suitable for further processing. A carpet roll 

is propellant that has been manufactured as 

a sheet, often cut to a desired width, and 

subsequently rolled up (like a carpet). 

Note: Single base is propellant which 

consists mostly of nitrocellulose. Double base 

propellants consist mostly of nitrocellulose 

and nitroglycerine. Triple base consists 

mostly of nitrocellulose, nitroglycerine, and 

nitroguanidine. Such propellants contain 

other materials, such as resins or stabilizers, 

that could include carbon, salts, burn rate 

modifiers, nitrodiphenylamine, wax, 

polyethylene glycol (PEG), polyglycol adipate 

(PGA). 

b. Shock tubes containing greater than 

0.064 kg per meter (300 grains per foot), but 

not more than 0.1 kg per meter (470 grains 

per foot) of controlled materials. 

c. Cartridge power devices containing 

greater than 0.70 kg, but not more than 1.0 

kg of controlled materials. 

d. Detonators (electric or nonelectric) and 

‘‘specially designed’’ assemblies therefor 

containing greater than 0.01 kg, but not more 

than 0.1 kg of controlled materials. 

e. Igniters not controlled by USML 

Categories III or IV that contain greater than 

0.01 kg, but not more than 0.1 kg of 

controlled materials. 

f. Oil well cartridges containing greater 

than 0.015 kg, but not more than 0.1 kg of 

controlled materials. 

g. Commercial cast or pressed boosters 

containing greater than 1.0 kg, but not more 

than 5.0 kg of controlled materials. 

h. Commercial prefabricated slurries and 

emulsions containing greater than 10 kg and 

less than or equal to thirty-five percent by 

weight of USML controlled materials. 

i. [Reserved] 

j. Pyrotechnic devices ‘‘specially designed’’ 

for commercial purposes (e.g., theatrical 

stages, motion picture special effects, and 

fireworks displays), and containing greater 

than 3.0 kg, but not more than 5.0 kg of 

controlled materials. 

k. Other commercial explosive devices or 

charges ‘‘specially designed’’ for commercial 

applications, not controlled by 1C608.c 

through .g above, containing greater than 1.0 

kg, but not more than 5.0 kg of controlled 

materials. 

l. Propyleneimine (2 methylaziridine) 

(C.A.S. #75–55–8). 

m. Any oxidizer or mixture thereof that is 

a compound composed of fluorine and one 

or more of the following: other halogens, 

oxygen, or nitrogen. 

Note 1 to 1C608.m: Nitrogen trifluoride 

(NF3) in a gaseous state is controlled under 

ECCN 1C992 and not under ECCN 1C608.m. 

Note 2 to 1C608.m: Chlorine trifluoride 

(ClF3) is controlled under ECCN 1C111.a.3.f 

and not under ECCN 1C608.m. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 289 

Note 3 to 1C608.m: Oxygen difluoride 

(OF2) is controlled under USML Category 

V.d.10 (see 22 CFR 121.1) and not under 

ECCN 1C608.m. 

Note to 1C608.l and m: If a chemical in 

ECCN 1C608.l or .m is incorporated into a 

commercial charge or device described in 

ECCN 1C608.c through .k or in ECCN 1C992, 

the classification of the commercial charge or 

device applies to the item. 

n. Any explosives, propellants, oxidizers, 

pyrotechnics, fuels, binders, or additives that 

are ‘‘specially designed’’ for military 

application and not enumerated or otherwise 

described in USML Category V or elsewhere 

on the USML. 

* * * * * 

■ 30. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1C992 is amended by revising, in the 

List of Items Controlled section, the 

Related Controls paragraphs and Related 

Definitions paragraphs (1) and (2) to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1C992 Commercial charges and devices 

containing energetic materials, n.e.s., 

and nitrogen trifluoride in a gaseous 

state (see List of Items Controlled) 

* * * * * 

List of Items Controlled 

Related Controls: (1) Commercial charges and 

devices containing USML controlled 

energetic materials that exceed the 

quantities noted or that are not covered by 

this entry are controlled under ECCN 

1C608. (2) Nitrogen trifluoride when not in 

a gaseous state is controlled under ECCN 

1C608. 

Related Definitions: (1) Items controlled by 

this entry ECCN 1C992 are those materials 

not controlled by ECCN 1C608 and not 

‘‘subject to the ITAR’’ (see 22 CFR Parts 

120 through 130). (2) For purposes of this 

entry, the term ‘‘controlled materials’’ 

means controlled energetic materials (see 

ECCNs 1C011, 1C111, 1C239, and 1C608; 

see also 22 CFR 121.1, Category V). * * * 

* * * * * 

■ 31. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1D018 is amended by revising the ECCN 

heading and by revising the ‘‘Related 

Controls’’ paragraph in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1D018 ‘‘Software’’ specially designed or 

modified for the ‘‘development,’’ 

‘‘production,’’ or ‘‘use’’ of items 

controlled by 1B018.b 

* * * * * 

List of Items Controlled 

Related Controls: See ECCN 1D608 for 

‘‘software’’ for items classified under ECCN 

1B608 that, immediately prior to July 1, 

2014, were classified under 1B018.a. 

* * * * * 

■ 32. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ add 

ECCNs 1D608 and 1D613 between 

ECCNs 1D390 and 1D993 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1D608 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 1B608 or 

1C608 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

MT applies to ‘‘software’’ ‘‘specially 

designed’’ for the 

‘‘use’’ of 1B608 

equipment in the 

‘‘production’’ and 

handling of materials controlled by 

1C608.m or MT articles in USML Category V.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 1D608. 

List of Items Controlled 

Related Controls: (1) Software directly related 

to articles enumerated or otherwise 

described in USML Categories III, IV or V 

is subject to the controls of those USML 

Categories, respectively. (2) See ECCN 

0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ items. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, or 

maintenance of commodities controlled by 

ECCN 1B608 or 1C608. 

b. [Reserved] 

1D613 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by 1A613 or 

1B613, as follows (see List of Items 

Controlled) 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 

1D613.y.

NS Column 1 

RS applies to entire 

entry except 

1D613.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

1D613.y.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘software’’ in 1D613. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles controlled by USML 

Category X is subject to the control of 

USML paragraph X(e) of the ITAR. (2) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of US-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraph .y of this entry) 

‘‘specially designed’’ for the ‘‘development,’’ 

‘‘production,’’ operation, or maintenance of 

commodities controlled by ECCNs 1A613 

(except 1A613.y) or 1B613 (except 1B613.y). 

b. to x. [Reserved] 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘production,’’ ‘‘development,’’ 

operation, or maintenance of commodities 

controlled by ECCN 1A613.y. 

* * * * * 

■ 33. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1E001 is amended by revising the ECCN 

heading, by revising the NP controls 

paragraph in the License Requirements 

section, and by revising the ‘‘Related 

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290 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Controls’’ paragraph in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of items 

controlled by 1A001.b, 1A001.c, 1A002, 

1A003, 1A004, 1A005, 1A006.b, 1A007, 

1A008, 1A101, 1B (except 1B608, 1B613, 

or 1B999), or 1C (except 1C355, 1C608, 

1C980 to 1C984, 1C988, 1C990, 1C991, 

1C995 to 1C999) 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NP applies to ‘‘technology’’ for items 

controlled by 

1A002, 1A007, 

1B001, 1B101, 

1B201, 1B225 to 

1B233, 1C002, 

1C010, 1C111, 

1C116, 1C202, 

1C210, 1C216, 

1C225 to 1C237, 

1C239, or 1C240 

for NP reasons.

NP Column 1 

* * * * * 

* * * * * 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

* * * * * 

List of Items Controlled 

Related Controls: (1) Also see ECCNs 1E101, 

1E201, and 1E202. (2) See ECCN 1E608 for 

‘‘technology’’ for items classified under 

ECCN 1B608 or 1C608 that, immediately 

prior to July 1, 2014, were classified under 

ECCN 1B018.a or 1C018.b through .m (note 

that ECCN 1E001 controls ‘‘development’’ 

and ‘‘production’’ ‘‘technology’’ for 

chlorine trifluoride controlled by ECCN 

1C111.a.3.f—see ECCN 1E101 for controls 

on ‘‘use’’ ‘‘technology’’ for chlorine 

trifluoride). (3) See ECCN 1E002.g for 

control libraries (parametric technical 

databases) specially designed or modified 

to enable equipment to perform the 

functions of equipment controlled under 

ECCN 1A004.c (Nuclear, biological and 

chemical (NBC) detection systems) or 

ECCN 1A004.d (Equipment for detecting or 

identifying explosives residues). (4) 

‘‘Technology’’ for lithium isotope 

separation (see related ECCN 1B233) and 

‘‘technology’’ for items described in ECCN 

1C012 are subject to the export licensing 

authority of the Department of Energy (see 

10 CFR Part 810). (5) ‘‘Technology’’ for 

items described in ECCN 1A102 is ‘‘subject 

to the ITAR’’ (see 22 CFR Parts 120 through 

130). 

* * * * * 

■ 34. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1E101 is amended by revising the ECCN 

heading and by revising the License 

Requirements section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1E101 ‘‘Technology’’, in accordance with 

the General Technology Note, for the 

‘‘use’’ of commodities and ‘‘software’’ 

controlled by 1A101, 1A102, 1B001, 

1B101, 1B102, 1B115 to 1B119, 1C001, 

1C007, 1C011, 1C101, 1C107, 1C111, 

1C116, 1C117, 1C118, 1D001, 1D101, or 

1D103 

License Requirements 

Reason for Control: MT, NP, AT 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

MT applies to ‘‘technology’’ for commodities and software controlled by 

1A101, 1A102, 

1B001, 1B101, 

1B102, 1B115 to 

1B119, 1C001, 

1C007, 1C011, 

1C101, 1C107, 

1C111, 1C116, 

1C117, 1C118, 

1D001, 1D101, or 

1D103 for MT reasons.

MT Column 1 

NP applies to ‘‘technology’’ for items 

controlled by 

1B001, 1B101, 

1C111, 1C116, 

1D001, or 1D101 

for NP reasons.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

* * * * * 

■ 35. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN 

1E201 is amended by revising the ECCN 

heading to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ 

of items controlled by 1A002, 1A007, 

1A202, 1A225 to 1A227, 1B201, 1B225 

to 1B232, 1B233.b, 1C002.b.3 and b.4, 

1C010.a, 1C010.b, 1C010.e.1, 1C202, 

1C210, 1C216, 1C225 to 1C237, 1C239, 

1C240 or 1D201 

* * * * * 

■ 36. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins,’’ add 

ECCNs 1E608 and 1E613 between 

ECCNs 1E355 and 1E994 to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1E608 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

equipment controlled in 1B608 or 

materials controlled by 1C608 

License Requirements 

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

Control(s) 

Country Chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

MT applies to ‘‘technology’’ ‘‘required’’ 

for 1C608.m.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in 1E608. 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to articles enumerated or otherwise 

described in USML Categories III, IV, or V 

are subject to the controls of those USML 

Categories, respectively. 

(2) ‘‘Technology’’ for chlorine trifluoride is 

controlled under ECCN 1E001 

(‘‘development’’ and ‘‘production’’) and 

ECCN 1E101 (‘‘use’’). 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of equipment controlled by 

ECCN 1B608 or materials controlled by ECCN 

1C608. 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of 

nitrocellulose with nitrogen content over 

12.6% and at rates greater than 2000 pounds 

per hour. 

c. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development’’ or ‘‘production’’ of nitrate 

esters (e.g., nitroglycerine) at rates greater 

than 2000 pounds per hour. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 291 

1E613 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by 1A613 or 

1B613 or ‘‘software’’ controlled by 

1D613, as follows (see list of items 

controlled). 

License Requirements 

Reason for Control: NS, RS, AT, UN 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 

1E613.y.

NS Column 1 

RS applies to entire 

entry except 

1E613.y.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry, except 

1E613.y.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any ‘‘technology’’ in 1E613. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles controlled by USML 

Category X are subject to the control of 

USML paragraph X(e) of the ITAR. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ (other than ‘‘technology’’ 

controlled by paragraph .y of this entry) 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, installation, 

maintenance, repair, overhaul, or 

refurbishing of commodities or ‘‘software’’ 

controlled by ECCNs 1A613 (except 

1A613.y), 1B613 or 1D613 (except 1D613.y). 

b. through x. [Reserved] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

‘‘production,’’ ‘‘development,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or software 

controlled by ECCN 1A613.y or 1D613.y. 

■ 37. In Supplement No. 1 to part 774— 

the Commerce Control List, Category 

3—Electronics, ECCN 3A232 is 

amended by revising paragraph (1) in 

the Related Controls in the List of Items 

Controlled section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

3A232 Detonators and multipoint initiation 

systems, as follows (see List of Items 

Controlled) 

* * * * * 

List of Items Controlled 

Related Controls: (1) See ECCNs 0A604 and 

1A007 for electrically driven explosive 

detonators. * * * 

* * * * * 

■ 38. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, add 

ECCN 9A604 between ECCNs 9A120 

and 9A610 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9A604 Commodities related to launch 

vehicles, missiles, and rockets (see List 

of Items Controlled) 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

MT applies to 

9A604.a, .c, and .d.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 9A604. 

List of Items Controlled 

Related Controls: (1) Launch vehicles, 

missiles, and rockets are subject to the 

ITAR (see 22 CFR § 121.1, USML Category 

IV). (2) See ECCN 0A919 for foreign-made 

‘‘military commodities’’ that incorporate 

more than a de minimis amount of U.S.- 

origin ‘‘600 series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. Thermal batteries ‘‘specially designed’’ 

for systems controlled under USML Category 

IV capable of a range equal to or greater than 

300 km. 

b. Thermal batteries, except for thermal 

batteries controlled by 9A604.a, that are 

‘‘specially designed’’ for systems controlled 

under USML Category IV. 

c. ‘‘Components’’ ‘‘specially designed’’ for 

ramjet, scramjet, pulse jet, or combined cycle 

engines controlled under USML Category IV, 

including devices to regulate combustion in 

such commodities. 

d. ‘‘Components’’ ‘‘specially designed’’ for 

hybrid rocket motors controlled under USML 

Category IV usable in rockets, missiles, or 

unmanned aerial vehicles capable of a range 

equal to or greater than 300 km. 

e. ‘‘Components’’ ‘‘specially designed’’ for 

pressure gain combustion-based propulsion 

systems controlled under USML Category IV. 

f. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to control 

in paragraphs .a through .d of this ECCN, or 

a defense article controlled under USML 

Category IV, and not specified elsewhere on 

the USML. 

Note 1 to 9A604.x: Forgings, castings, and 

other unfinished products, such as extrusions 

and machined bodies, that have reached a 

stage in manufacturing where they are clearly 

identifiable by mechanical properties, 

material composition, geometry, or function 

as commodities controlled by ECCN 9A604.x, 

are controlled by ECCN 9A604.x. 

Note 2 to 9A604.x: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ specified 

in USML Category IV(h) are subject to the 

controls of that paragraph. 

* * * * * 

Supplement No. 1 to Part 774— 

[Amended] 

■ 39. In Supplement No. 1 to part 774 

(the Commerce Control List) Category 9, 

ECCN 9A610, remove and reserve 

paragraph .t in the Items paragraph of 

the List of Items Controlled Section. 

■ 40. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9B115 is amended by revising the 

heading of the ECCN and by revising the 

‘‘Related Controls’’ paragraph in the List 

of Items Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9B115 ‘‘Specially designed’’ production 

‘‘equipment’’ for systems, sub-systems 

and ‘‘components’’ controlled by ECCN 

9A101 or by USML Category IV(d)(2), 

(d)(3), (d)(4), or (h)(17) 

* * * * * 

List of Items Controlled 

Related Controls: (1) Although items 

described in USML Category IV(d)(2), 

(d)(3), (d)(4), or (h)(17) are ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 130), 

the production ‘‘equipment’’ controlled in 

this entry that is related to these items is 

subject to the export licensing authority of 

BIS. (2) ‘‘Specially designed’’ production 

‘‘equipment’’ for systems, sub-systems, and 

‘‘components’’ described in USML 

Category IV(d)(1), (d)(7), (h)(1), (h)(4), 

(h)(6), (h)(7), (h)(8), (h)(9), (h)(11), (h)(20), 

(h)(21), (h)(26), or (h)(28) are controlled by 

ECCN 9B604. (3) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of US-origin ‘‘600 series’’ 

controlled content. 

* * * * * 

■ 41. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

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292 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

9—Aerospace and Propulsion, ECCN 

9B116 is amended by revising the 

heading of the ECCN and by revising the 

‘‘Related Controls’’ paragraph in the List 

of Items Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9B116 ‘‘Specially designed’’ ‘‘production 

facilities’’ for systems, sub-systems, and 

‘‘components’’ controlled by ECCN 

9A012 (applies to MT-controlled items 

only) or 9A101 or by USML Category 

IV(d)(2), (d)(3), (d)(4), or (h)(17) 

* * * * * 

List of Items Controlled 

Related Controls: (1) Although items 

described in USML Category IV(d)(2), 

(d)(3), (d)(4), or (h)(17) are ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 130), 

the ‘‘production facilities’’ controlled in 

this entry that are related to these items are 

subject to the export licensing authority of 

BIS. 

(2) ‘‘Specially designed’’ ‘‘production 

facilities’’ for systems, sub-systems, and 

‘‘components’’ described in USML 

Category IV(d)(1), (d)(7), (h)(1), (h)(4), 

(h)(6), (h)(7), (h)(8), (h)(9), (h)(11), (h)(20), 

(h)(21), (h)(26), or (h)(28) are controlled by 

ECCN 9B604. (3) See ECCN 0A919 for 

foreign-made ‘‘military commodities’’ that 

incorporate more than a de minimis 

amount of US-origin ‘‘600 series’’ 

controlled content. 

* * * * * 

■ 42. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, add 

ECCN 9B604 between ECCNs 9B117 and 

9B610 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9B604 Test, inspection, and production 

‘‘equipment’’ and related commodities 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of 

commodities in ECCN 9A604 or related 

defense articles in USML Category IV 

(see List of Items Controlled) 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

MT applies to 

9B604.a and .b 

and to 9B604.d 

‘‘specially designed’’ ‘‘production 

facilities’’ or production ‘‘equipment’’ for defense 

articles identified 

as MTCR Annex 

items in USML Category IV(d)(1), 

(h)(1), (h)(4), (h)(6), 

(h)(7), (h)(8), (h)(9), 

(h)(11), (h)(20), 

(h)(21), or (h)(26).

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of all License Exceptions) 

LVS: $1,500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 9B604. 

List of Items Controlled 

Related Controls: (1) ‘‘Production facilities’’ 

for the ‘‘production’’ or ‘‘development’’ of 

commodities enumerated or otherwise 

described in ECCN 9A012 or 9A101 or in 

USML Category IV(d)(2), (d)(3), (d)(4), or 

(h)(17) are controlled by ECCN 9B116. (2) 

Test, inspection, and other production 

‘‘equipment’’ ‘‘specially designed’’ for the 

‘‘production’’ or ‘‘development’’ of 

commodities enumerated or otherwise 

described in ECCN 9A101 or in USML 

Category IV(d)(2), (d)(3), (d)(4), or (h)(17) 

are controlled by ECCN 9B115. (3) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of US-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items: 

a. ‘‘Production facilities’’ ‘‘specially 

designed’’ for items that are controlled by 

USML Category IV(a)(1) or (a)(2). 

b. Test, calibration, and alignment 

equipment ‘‘specially designed’’ for items 

that are controlled by USML Category 

IV(h)(28). 

c. Test, inspection, and other production 

‘‘equipment’’ that is ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ repair, 

overhaul, or refurbishing of commodities 

described in ECCN 9A604, or defense articles 

controlled under USML Category IV, and not 

specified in ECCN 0B604.a or in ECCN 

9B604.a, .b, or .d. 

d. ‘‘Specially designed’’ ‘‘production 

facilities’’ or production ‘‘equipment’’ for 

systems, sub-systems, and ‘‘components’’ 

controlled by USML Category IV(d)(1), (d)(7), 

(h)(1), (h)(4), (h)(6), (h)(7), (h)(8), (h)(9), 

(h)(11), (h)(20), (h)(21), (h)(26), or (h)(28). 

e. through w. [Reserved] 

x. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to control 

in paragraph .a or .b of this ECCN. 

* * * * * 

43. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9D001 is amended by revising the ECCN 

heading, by revising the MT controls 

paragraph in the License Requirements 

section, and by revising the Related 

Controls paragraph in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9D001 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘development’’ of 

equipment or ‘‘technology’’ controlled 

by ECCN 9A001 to 9A004 (except for 

items in 9A004 that are subject to the 

ITAR, see 22 CFR part 121), 9A012, 

9A101 (except for items in 9A101.b that 

are subject to the ITAR, see 22 CFR part 

121), 9A106.d. or .e, 9A110, or 9A120, 

9B (except for ECCNs 9B604, 9B610, 

9B619, 9B990, and 9B991), or ECCN 

9E003 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

* * * * * 

MT applies to ‘‘software’’ for equipment controlled by 

9B116 for MT reasons.

MT Column 1 

* * * * * 

* * * * * 

List of Items Controlled 

Related Controls: ‘‘Software’’ that is 

‘‘required’’ for the ‘‘development’’ of items 

specified in ECCNs 9A004 (except for 

items that are subject to the EAR), 9A005 

to 9A011, 9A101.b (except for items that 

are subject to the EAR), 9A103 to 9A105, 

9A106.a, .b, and .c, 9A107 to 9A109, 

9A110 (for items that are ‘‘specially 

designed’’ for use in missile systems and 

subsystems), and 9A111 to 9A119 is 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130). 

* * * * * 

■ 44. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9D002 is amended by revising the ECCN 

heading, by revising the NS controls 

paragraph in the License Requirements 

section, and by revising the Related 

Controls paragraph in the List of Items 

Controlled to read as follows: 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 293 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9D002 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘production’’ of 

equipment controlled by ECCN 9A001 to 

9A004 (except for items in 9A004 that 

are subject to the ITAR, see 22 CFR part 

121), 9A012, 9A101 (except for items in 

9A101.b that are subject to the ITAR, see 

22 CFR part 121), 9A106.d or .e, 9A110, 

or 9A120, 9B (except for ECCNs 9B604, 

9B610, 9B619, 9B990, and 9B991) 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to ‘‘software’’ for equipment controlled by 

9A001 to 9A003, 

9A012, and 9B001 

to 9B010.

NS Column 1 

* * * * * 

* * * * * 

List of Items Controlled 

Related Controls: ‘‘Software’’ that is 

‘‘required’’ for the ‘‘production’’ of items 

specified in ECCNs 9A004 (except for 

items that are subject to the EAR), 9A005 

to 9A011, 9A101.b (except for items that 

are subject to the EAR), 9A103 to 9A105, 

9A106.a, .b, and .c, 9A107 to 9A109, 

9A110 (for items that are ‘‘specially 

designed’’ for use in missile systems and 

subsystems), and 9A111 to 9A119 is 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130). 

* * * * * 

■ 45. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9D003 is amended by revising the ECCN 

heading and by revising the Related 

Controls paragraph in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9D003 ‘‘Software’’ incorporating 

‘‘technology’’ specified by ECCN 9E003.h 

and used in ‘‘FADEC Systems’’ for 

propulsion systems controlled by ECCN 

9A001 to 9A004 (except for items in 

9A004 that are subject to the ITAR, see 

22 CFR part 121), 9A101 (except for 

items in 9A101.b that are subject to the 

ITAR, see 22 CFR part 121), 9A106.d or 

.e, or 9B (except for ECCNs 9B604, 

9B610, 9B619, 9B990, and 9B991) 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also 9D103. (2) 

‘‘Software’’ ‘‘required’’ for the ‘‘use’’ of 

equipment specified in ECCNs 9A004 

(except for items that are subject to the 

EAR), 9A005 to 9A011, 9A101.b (except for 

items that are subject to the EAR), 9A103 

to 9A105, 9A106.a, .b, and .c, 9A107 to 

9A109, 9A110 (for items that are ‘‘specially 

designed’’ for use in missile systems and 

subsystems), and 9A111 to 9A119 is 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130). 

(3) ‘‘Software’’ directly related to defense 

articles that are ‘‘subject to the ITAR’’ (see 

22 CFR parts 120 through 130) is also 

‘‘subject to the ITAR’’ (see 22 CRR parts 

120 through 130). 

* * * * * 

■ 46. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9D104 is amended by revising the 

heading of the ECCN and by revising the 

Related Controls paragraph in the List of 

Items Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9D104 ‘‘Software’’ specially designed or 

modified for the ‘‘use’’ of equipment 

controlled by ECCN 9A001, 9A012 (for 

MT controlled items only), 9A101 

(except for items in 9A101.b that are 

subject to the ITAR, see 22 CFR part 

121), or 9A106.d 

* * * * * 

List of Items Controlled 

Related Controls: ‘‘Software’’ for 

commodities specified in ECCNs 9A005 to 

9A011, 9A103 to 9A105, 9A101.b (except 

for items that are subject to the EAR), 

9A106.a, .b, and .c, 9A107 to 9A109, 

9A111, 9A115 to 9A118 is ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 130). 

* * * * * 

■ 47. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, add 

ECCN 9D604 between ECCNs 9D105 

and 9D610 to read as follows: 

9D604 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of 

commodities controlled by ECCN 9A604 

or 9B604 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

MT applies to ‘‘software,’’ as described in paragraph .a of this 

entry, for commodities controlled for 

MT reasons in 

ECCN 9A604.c or 

.d, or ECCN 9B604.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 9D604. 

List of Items Controlled 

Related Controls: (1) Software directly related 

to articles enumerated or otherwise 

described in USML Category IV is 

controlled under USML Category IV(i). (2) 

See also ECCNs 9D101 and 9D104 for 

controls on ‘‘software’’ for the ‘‘use’’ of 

missiles and related commodities. (3) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. 

Related Definitions: N/A 

Items 

a. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation or 

maintenance of commodities controlled by 

ECCN 9A604 or ECCN 9B604. 

b. [Reserved] 

■ 48. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9E001 is amended by revising the ECCN 

heading, by revising the MT controls 

paragraph in the License Requirements 

section, and by revising the Related 

Controls paragraphs in the List of Items 

Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

9E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment or 

‘‘software’’, controlled by ECCN 

9A001.b, 9A004 (except for items in 

9A004 that are subject to the ITAR, see 

22 CFR part 121), or 9A012, 9B (except 

for ECCNs 9B604, 9B610, 9B619, 9B990, 

and 9B991), or ECCN 9D001 to 9D004, 

9D101, or 9D104 

License Requirements 

Reason for Control: 

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294 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

* * * * * 

MT applies to ‘‘technology’’ for commodities controlled 

by 9A012, 9B001, 

9B002, 9B003, 

9B004, 9B005, 

9B007, 9B105, 

9B106, 9B115, 

9B116, 9B117, 

9D001, 9D002, 

9D003, or 9D004 

for MT reasons.

MT Column 1 

* * * * * 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also 9E101 and 

1E002.f (for controls on ‘‘technology’’ for 

the repair of controlled structures, 

laminates or materials). (2) ‘‘Technology’’ 

required for the ‘‘development’’ of 

equipment described in ECCNs 9A004 

(except for items that are subject to the 

EAR), 9A005 to 9A011 or ‘‘software’’ 

described in ECCNs 9D103 and 9D105 is 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130). 

* * * * * 

■ 49. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9E002 is amended by revising the ECCN 

heading, by revising the MT controls 

paragraph in the License Requirements 

section, and by revising the Related 

Controls paragraph in the List of Items 

Controlled section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

9E002 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘production’’ of ‘‘equipment’’ controlled 

by ECCN 9A001.b, 9A004 (except for 

items in 9A004 that are subject to the 

ITAR, see 22 CFR part 121) or 9B 

(except for ECCNs 9B117, 9B604, 9B610, 

9B619, 9B990, and 9B991). 

License Requirements 

Reason for Control: 

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

* * * * * 

MT applies to ‘‘technology’’ for equipment controlled by 

9B001, 9B002, 

9B003, 9B004, 

9B005, 9B007, 

9B105, 9B106, 

9B115, or 9B116 

for MT reasons.

MT Column 1 

* * * * * 

* * * * * 

List of Items Controlled 

Related Controls: (1) See also 9E102. (2) See 

also 1E002.f for ‘‘technology’’ for the repair 

of controlled structures, laminates or 

materials. (3) ‘‘Technology’’ that is 

required for the ‘‘production’’ of 

equipment described in ECCNs 9A004 

(except for items that are subject to the 

EAR) or 9A005 to 9A011 is ‘‘subject to the 

ITAR’’ (see 22 CFR parts 120 through 130). 

* * * * * 

■ 50. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9E101 is amended by revising the 

heading of the ECCN and by revising the 

‘‘Related Controls’’ paragraph in the List 

of Items Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9E101 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

commodities or ‘‘software’’ controlled 

by ECCN 9A012 (applies only to 

‘‘production’’ ‘‘technology’’ for MTcontrolled items in 9A012), 9A101 

(except for items in 9A101.b that are 

subject to the ITAR, see 22 CFR part 

121), 9A106.d or .e, 9A110 (for items 

that are ‘‘specially designed’’ for nonmilitary unmanned air vehicles 

controlled by 9A012), 9C110, 9D101, or 

9D104 

* * * * * 

List of Items Controlled 

Related Controls: ‘‘Technology’’ that is 

required for items specified in ECCNs 

9A101.b (except for items that are subject 

to the EAR), 9A104, 9A105, 9A106.a, .b, 

and .c, 9A107 to 9A109, 9A110 (for items 

that are ‘‘specially designed’’ for use in 

missile systems and subsystems), 9A111, 

9A115 to 9A119, 9D103, and 9D105 is 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130). 

■ 51. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, ECCN 

9E102 is amended by revising the 

heading of the ECCN and by revising the 

‘‘Related Controls’’ paragraph in the List 

of Items Controlled to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

9E102 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ of 

commodities or ‘‘software’’ controlled by 

ECCN 9A004 (except for items in 9A004 that 

are subject to the ITAR, see 22 CFR part 

121), 9A012, 9A101 (except for items in 

9A101.b that are subject to the ITAR, see 22 

CFR part 121), 9A106.d or .e, 9A110 (for 

items that are ‘‘specially designed’’ for nonmilitary unmanned air vehicles controlled 

by 9A012), 9B105, 9B106, 9B115, 9B116, 

9D101, or 9D104 

* * * * * 

List of Items Controlled 

Related Controls: (1) For the purpose of this 

entry, ‘‘use’’ ‘‘technology’’ is limited to 

items controlled for MT and their 

subsystems. (2) ‘‘Technology’’ for items 

specified in ECCNs 9A004 (except for 

items that are subject to the EAR), 9A005 

to 9A011, 9A101.b (except for items that 

are subject to the EAR), 9A104, 9A105, 

9A106.a, .b and .c, 9A107 to 9A109, 9A110 

(for items that are ‘‘specially designed’’ for 

use in missile systems and subsystems), 

9A111, 9A115 to 9A119, 9D103, and 9D105 

is subject to the ITAR (see 22 CFR part 

121). 

* * * * * 

■ 52. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, add 

ECCN 9E604 between ECCNs 9E102 and 

9E990 to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9E604 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

commodities controlled by ECCN 9A604 

or 9B604, or ‘‘software’’ controlled by 

ECCN 9D604 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 

to part 738) 

NS applies to entire 

entry.

NS Column 1 

RS applies to entire 

entry.

RS Column 1 

MT applies to ‘‘technology,’’ as described in paragraph .a of this 

entry, for commodities and ‘‘software’’ 

controlled for MT 

reasons in ECCN 

9A604, 9B604 or 

9D604.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 295 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

CIV: N/A 

TSR: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 9E604. 

List of Items Controlled 

Related Controls: (1) Technical data directly 

related to articles enumerated or otherwise 

described in USML Category IV is 

controlled under USML Category IV(i). (2) 

See also ECCNs 9E002, 9E101, and 9E102 

for controls on ‘‘technology’’ for the 

‘‘development,’’ ‘‘production,’’ and ‘‘use’’ 

of missiles and related items controlled on 

the CCL. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 9A604 or 9B604, or ‘‘software’’ 

controlled by ECCN 9D604. 

b. [Reserved] 

Dated: December 26, 2013. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2013–31322 Filed 12–31–13; 8:45 am] 

BILLING CODE 3510–33–P 

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