25944 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 

Control(s) Country chart 

* * * * * 

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 

* * * * * 

License Requirements Note: * * * 

License Exceptions 

* * * * * 

List of Items Controlled 

Unit: * * * 

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 [effective date of final rule], were 

classified under 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 1A004.c (Nuclear, biological and 

chemical (NBC) detection systems) or 

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 Nuclear Regulatory 

Commission (see 10 CFR part 110). (5) 

‘‘Technology’’ for items described in ECCN 

1A102 is subject to the export licensing 

authority of the U.S. Department of State, 

Directorate of Defense Trade Controls (see 

22 CFR part 121). 

Related Definitions: * * * 

Items: * * * 

13. 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: 

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 

MT applies to entire 

entry.

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 

* * * * * 

14. 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: 

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. 

* * * * * 

15. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

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

new ECCN 1E608 between ECCNs 

1E355 and 1E994 to read as follows: 

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 

Control(s) Country chart 

NS applies to entire 

entry, except 

1E608.y.

NS Column 1 

RS applies to entire 

entry, except 

1E608.y.

RS Column 1 

MT applies to technology ‘‘required’’ 

for 1C608.m.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

CIV: N/A 

TSR: N/A 

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 

Unit: $ value 

Related Controls: (1) Technical data directly 

related to articles enumerated 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 ECCNs 

1E001 (‘‘development’’ and ‘‘production’’) 

and 1E101 (‘‘use’’). 

Related Definitions: N/A 

Items: 

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

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

installation, maintenance, repair, overhaul, 

or refurbishing of material controlled by 

ECCN 1B608 or 1C608. 

b. ‘‘Technology’’ for the ‘‘development’’ or 

‘‘production’’ of nitrocellulose with nitrogen 

content over 12.6% and at rates greater than 

2000 pounds per hour. 

c. ‘‘Technology’’ for the ‘‘development’’ or 

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

nitroglycerine) at rates greater than 2000 

pounds per hour. 

d. through x. [RESERVED] 

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

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

installation, maintenance, repair, overhaul or 

refurbishing of commodities controlled by 

ECCN 1B608.y or ‘‘software’’ controlled by 

ECCN 1D608.y, as follows: 

y.1 through y.98. [RESERVED] 

y.99. ‘‘Technology’’ not identified on the 

CCL that (i) has been determined, in an 

applicable commodity jurisdiction 

determination issued by the U.S. Department 

of State, to be subject to the EAR and (ii) 

would otherwise be controlled elsewhere in 

ECCN 1E608. 

Dated: April 13, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–10456 Filed 5–1–12; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

RIN 1400–AD02 

[Public Notice 7861] 

Amendment to the International Traffic 

in Arms Regulations: Revision of U.S. 

Munitions List Category V. 

AGENCY: Department of State. 

ACTION: Proposed rule. 

SUMMARY: As part of the President’s 

Export Control Reform effort, the 

Department of State proposes to amend 

the International Traffic in Arms 

Regulations (ITAR) to revise Category V 

(explosives and energetic materials, 

propellants, incendiary agents, and their 

constituents) of the U.S. Munitions List 

(USML) to describe more precisely the 

articles warranting control on the 

USML. 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 25945 

DATES: The Department of State will 

accept comments on this proposed rule 

until June 18, 2012. 

ADDRESSES: Interested parties may 

submit comments within 45 days of the 

date of publication by one of the 

following methods: 

• Email: 

DDTCResponseTeam@state.gov with the 

subject line, ‘‘ITAR Amendment— 

Category V.’’ 

• Internet: At www.regulations.gov, 

search for this notice by using this rule’s 

RIN (1400–AD02). 

Comments received after that date 

will be considered if feasible, but 

consideration cannot be assured. Those 

submitting comments should not 

include any personally identifying 

information they do not desire to be 

made public or information for which a 

claim of confidentiality is asserted 

because those comments and/or 

transmittal emails will be made 

available for public inspection and 

copying after the close of the comment 

period via the Directorate of Defense 

Trade Controls Web site at 

www.pmddtc.state.gov. Parties who 

wish to comment anonymously may do 

so by submitting their comments via 

www.regulations.gov, leaving the fields 

that would identify the commenter 

blank and including no identifying 

information in the comment itself. 

Comments submitted via 

www.regulations.gov are immediately 

available for public inspection. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Candace M. J. Goforth, Acting Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCResponseTeam@state.gov. ATTN: 

Regulatory Change, USML Category V. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles,’’ are identified on the ITAR’s 

U.S. Munitions List (USML) (22 CFR 

121.1). With few exceptions, items not 

subject to the export control jurisdiction 

of the ITAR are subject to the 

jurisdiction of the Export 

Administration Regulations (‘‘EAR,’’ 15 

CFR parts 730–774, which includes the 

Commerce Control List in Supplement 

No. 1 to Part 774), administered by the 

Bureau of Industry and Security (BIS), 

U.S. Department of Commerce. Both the 

ITAR and the EAR impose license 

requirements on exports and reexports. 

Items not subject to the ITAR or to the 

exclusive licensing jurisdiction of any 

other set of regulations are subject to the 

EAR. 

Export Control Reform Update 

The Departments of State and 

Commerce described in their respective 

Advanced Notices of Proposed 

Rulemaking (ANPRM) in December 

2010 the Administration’s plan to make 

the USML and the CCL positive, tiered, 

and aligned so that eventually they can 

be combined into a single control list 

(see ‘‘Commerce Control List: Revising 

Descriptions of Items and Foreign 

Availability,’’ 75 FR 76664 (December 9, 

2010) and ‘‘Revision to the United 

States Munitions List,’’ 75 FR 76935 

(December 10, 2010)). The notices also 

called for the establishment of a ‘‘bright 

line’’ between the USML and the CCL to 

reduce government and industry 

uncertainty regarding export 

jurisdiction by clarifying whether 

particular items are subject to the 

jurisdiction of the ITAR or the EAR. 

While these remain the 

Administration’s ultimate Export 

Control Reform objectives, their 

concurrent implementation would be 

problematic in the near term. In order to 

more quickly reach the national security 

objectives of greater interoperability 

with U.S. allies, enhancing the defense 

industrial base, and permitting the U.S. 

Government to focus its resources on 

controlling and monitoring the export 

and reexport of more significant items to 

destinations, end-uses, and end-users of 

greater concern than NATO allies and 

other multi-regime partners, the 

Administration has decided, as an 

interim step, to propose and implement 

revisions to both the USML and the CCL 

that are more positive, but not yet 

tiered. 

Specifically, based in part on a review 

of the comments received in response to 

the December 2010 notices, the 

Administration has determined that 

fundamentally altering the structure of 

the USML by tiering and aligning it on 

a category-by-category basis would 

significantly disrupt the export control 

compliance systems and procedures of 

exporters and reexporters. For example, 

until the entire USML was revised and 

became final, some USML categories 

would follow the legacy numbering and 

control structures while the newly 

revised categories would follow a 

completely different numbering 

structure. In order to allow for the 

national security benefits to flow from 

re-aligning the jurisdictional status of 

defense articles that no longer warrant 

control on the USML on a category-bycategory basis while minimizing the 

impact on exporters’ internal control 

and jurisdictional and classification 

marking systems, the Administration 

plans to proceed with building positive 

lists now and afterward return to 

structural changes. 

Revision of Category V 

This proposed rule revises USML 

Category V, covering explosives and 

energetic materials, propellants, 

incendiary agents, and their 

constituents, to establish a clear ‘‘bright 

line’’ between the USML and the CCL 

for the control of these articles. 

One major change proposed to this 

category involves removal of broad 

catchalls with the listing of specific 

materials that warrant ITAR control 

caught by current catchalls. For 

example, paragraph (a)(35) as currently 

written broadly controls, ‘‘Any other 

explosive not elsewhere identified in 

this category specifically designed, 

modified, adapted, or configured (e.g., 

formulated) for military application.’’ 

This catchall is being removed. 

Examples of materials added because of 

deletion of catchalls are as follows: 

tetrazines (BTAT (Bis(2,2,2- 

trinitroethyl)-3,6-diaminotetrazine); 

LAX–112 (3,6-diamino- 1,2,4,5- 

tetrazine- 1,4dioxide); PNO (Poly(3- 

nitrato oxetane); 4,5 diazidomethyl-2- 

methyl-1,2,3-triazole (iso- DAMTR)); 

TEPB (Tris (ethoxyphenyl) bismuth) 

(CAS 90591–48–3); and TEX (4,10- 

Dinitro-2,6,8,12-tetraoxa-4,10- 

diazaisowurtzitane). Those materials 

currently captured in the catchalls that 

do not warrant control on the USML are 

to be controlled on the CCL. Examples 

of such materials to be removed from 

various catchalls and controlled on the 

CCL are spherical aluminum powder 

and hydrazine and its derivatives. 

Another major change proposed to 

this category involves addressing U.S. 

obligations to multinational regimes. 

There is a limited catchall (a)(32) that is 

being changed from 8700 meters per 

second to 8000 meters per second to 

match the criteria from the Nuclear 

Suppliers Group. The proposed revision 

would read as follows (see paragraph 

(a)(38)): ‘‘Explosives, not otherwise 

enumerated in this paragraph or on the 

CCL in ECCN 1C608, with a detonation 

velocity exceeding 8,000m/s at 

maximum density or a detonation 

pressure exceeding 34 Gpa (340 kbar).’’ 

Additional hydrazine materials are 

specified by the Missile Technology 

Control Regime (MTCR) and these 

entries were added. 

Additionally, some materials are to be 

added that are significant to the military 

but have little commercial application. 

For example, DNAN (2,4 

Dinitroanisole), a military explosive 

currently covered by the catchall in 


emcdonald on DSK29S0YB1PROD with PROPOSALS
25946 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 

(a)(35), will be controlled in paragraph 

(a)(11). 

Request for Comments 

As the U.S. Government works 

through the proposed revisions to the 

USML, some solutions have been 

adopted that were determined to be the 

best of available options. With the 

thought that multiple perspectives 

would be beneficial to the USML 

revision process, the Department 

welcomes the assistance of users of the 

lists and requests input on the 

following: 

(1) A key goal of this rulemaking is to 

ensure the USML and the CCL together 

control all the items that meet 

Wassenaar Arrangement commitments 

embodied in Munitions List Category 8 

(WA–ML8). To that end, the public is 

asked to identify any potential lack of 

coverage brought about by the proposed 

rules for Category V contained in this 

notice and the new Category 1 ECCNs 

published separately by the Department 

of Commerce when reviewed together. 

(2) The key goal of this rulemaking is 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

these materials. The public is asked to 

provide specific examples of explosives 

and energetic materials whose 

jurisdiction would be in doubt based on 

this revision. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from § 553 (Rulemaking) and § 554 

(Adjudications) of the Administrative 

Procedure Act. Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

is publishing this rule with a 45-day 

provision for public comment and 

without prejudice to its determination 

that controlling the import and export of 

defense services is a foreign affairs 

function. As noted above, and also 

without prejudice to the Department 

position that this rulemaking is not 

subject to the APA, the Department 

previously published a related Advance 

Notice of Proposed Rulemaking (RIN 

1400–AC78), and accepted comments 

for 60 days. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

rulemaking provisions of 5 U.S.C. 553, 

it does not require analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will not 

have substantial direct effects on the 

States, on the relationship between the 

national government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this proposed 

amendment does not have sufficient 

federalism implications to require 

consultations or warrant the preparation 

of a federalism summary impact 

statement. The regulations 

implementing Executive Order 12372 

regarding intergovernmental 

consultation on Federal programs and 

activities do not apply to this proposed 

amendment. 

Executive Order 12866 

The Department is of the opinion that 

controlling the import and export of 

defense articles and services is a foreign 

affairs function of the United States 

Government and that rules governing 

the conduct of this function are exempt 

from the requirements of Executive 

Order 12866. However, the Department 

has reviewed the proposed rule to 

ensure its consistency with the 

regulatory philosophy and principles set 

forth in the Executive Order. 

Executive Order 13563 

The Department of State has 

considered this rule in light of 

Executive Order 13563, dated January 

18, 2011, and affirms that this regulation 

is consistent with the guidance therein. 

Executive Order 12988 

The Department of State has reviewed 

the proposed amendment in light of 

sections 3(a) and 3(b)(2) of Executive 

Order 12988 to eliminate ambiguity, 

minimize litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, Executive Order 13175 

does not apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects in 22 CFR Part 121 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, part 121 is proposed to be amended 

as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– 

261, 112 Stat. 1920. 

2. Section 121.1 is amended by 

revising U.S. Munitions List Category V 

to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category V—Explosives and Energetic 

Materials, Propellants, Incendiary 

Agents, and Their Constituents 

*(a) Explosives, and mixtures thereof, 

as follows: 

(1) ADNBF 

(aminodinitrobenzofuroxan or 7-Amino 

4,6-dinitrobenzofurazane-1-oxide) (CAS 

97096–78–1); 

(2) BNCP (cis-bis(5-nitrotetrazolato) 

tetra amine-cobalt (III) perchlorate) 

(CAS 117412–28–9); 

(3) CL–14 

(diaminodinitrobenzofuroxan or 5,7- 

diamino-4,6-dinitrobenzofurazane-1- 

oxide) (CAS 117907–74–1); 

(4) CL–20 (HNIW or 

Hexanitrohexaazaisowurtzitane) (CAS 

135285–90–4); clathrates of CL–20; 

(5) CP (2-(5-cyanotetrazolato) penta 

aminecobalt (III) perchlorate) (CAS 

70247–32–4); 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 25947 

(6) DADE (1,1-diamino-2,2- 

dinitroethylene, FOX-7); 

(7) DATB (Diaminotrinitrobenzene) 

(CAS 1630–08–6); 

(8) DDFP (1,4- 

dinitrodifurazanopiperazine); 

(9) DDPO (2,6-diamino-3,5- 

dinitropyrazine-1-oxide, PZO) (CAS 

194486–77–6); 

(10) DIPAM (3,3′-Diamino2,2′,4,4′,6,6′-hexanitrobiphenyl or 

dipicramide) (CAS 17215–44–0); 

(11) DNAN (2,4-Dinitroanisole) (CAS 

119–27–7); 

(12) DNGU (DINGU or 

dinitroglycoluril) (CAS 55510–04–8); 

(13) Furazans, as follows: 

(i) DAAOF (DAAF, DAAFox, or 

diaminoazoxyfurazan); 

(ii) DAAzF (diaminoazofurazan) (CAS 

78644–90–3); 

(iii) ANF (Furazanamine, 4-nitro- or 3- 

Amino-4-nitrofurazan; or 4-Nitro-1,2,5- 

oxadiazol-3-amine; or 4-Nitro-3- 

furazanamine; CAS 66328–69–6); or 

(iv) ANAzF (Aminonitroazofurazan or 

1,2,5-Oxadiazol-3-amine, 4-[2-(4-nitro1,2,5-oxadiazol-3-yl) diazenyl]; or 1,2,5- 

Oxadiazol-3-amine, 4-[(4-nitro-1,2,5- 

oxadiazol-3-yl)azo]-(9CI); or 

Furazanamine, 4-[(nitrofurananyl)azo]-; 

or 4-[(4-Nitro-1,2,5-oxadiazol-3-yl)azo]- 

1,2,5-oxadiazol-3-amine) (CAS 155438– 

11–2); 

(14) GUDN (Guanylurea dinitramide) 

FOX-12 (CAS 217464–38–5); 

(15) HMX and derivatives, as follows: 

(i) HMX 

(Cyclotetramethylenetetranitramine; 

octahydro-1,3,5,7-tetranitro-1,3,5,7- 

tetrazine; 1,3,5,7-tetranitro-1,3,5,7- 

tetraza-cyclooctane; octogen, octogene) 

(CAS 2691–41–0); 

(ii) Difluoroaminated analogs of HMX; 

or 

(iii) K–55 (2,4,6,8-tetranitro-2,4,6,8- 

tetraazabicyclo [3,3,0]-octanone-3, 

tetranitrosemiglycouril, or keto-bicyclic 

HMX) (CAS 130256–72–3); 

(16) HNAD (hexanitroadamantane) 

(CAS 143850–71–9); 

(17) HNS (hexanitrostilbene) (CAS 

20062–22–0); 

(18) Imidazoles, as follows: 

(i) BNNII (Octohydro-2,5- 

bis(nitroimino) imidazo [4,5- 

d]imidazole); 

(ii) DNI (2,4-dinitroimidazole) (CAS 

5213–49–0); 

(iii) FDIA (1-fluoro-2,4- 

dinitroimidazole); 

(iv) NTDNIA (N-(2-nitrotriazolo)-2,4- 

dinitro-imidazole); or 

(v) PTIA (1-picryl-2,4,5- 

trinitroimidazole); 

(19) NTNMH (1-(2-nitrotriazolo)-2- 

dinitromethylene hydrazine); 

(20) NTO (ONTA or 3-nitro-1,2,4- 

triazol-5-one) (CAS 932–64–9); 

(21) Polynitrocubanes with more than 

four nitro groups; 

(22) PYX (2,6-Bis(picrylamino)-3,5- 

dinitropyridine) (CAS 38082–89–2); 

(23) RDX and derivatives, as follows: 

(i) RDX 

(cyclotrimethylenetrinitramine), 

cyclonite, T4, hexahydro-1,3,5-trinitro1,3,5-triazine, 1,3,5-trinitro-1,3,5-triazacyclohexane, hexogen, or hexogene) 

(CAS 121–82–4); 

(ii) Keto-RDX (K–6 or 2,4,6-trinitro2,4,6-triazacyclohexanone) (CAS 

115029–35–1); or 

(iii) Difluoraminated derivative of 

RDX; 1,3-Dinitro-5,5- 

bis(difluoramino)1,3-diazahexane (CAS 

No. 193021–34–0); 

(24) TAGN 

(Triaminoguanidinenitrate) (CAS 4000– 

16–2); 

(25) TATB (Triaminotrinitrobenzene) 

(CAS 3058–38–6); 

(26) TEDDZ (3,3,7,7- 

tetrakis(difluoroamine) octahydro-1,5- 

dinitro-1,5-diazocine; 

(27) Tetrazines, as follows: 

(i) BTAT (Bis(2,2,2-trinitroethyl)-3,6- 

diaminotetrazine); or 

(ii) LAX-112 (3,6-diamino-1,2,4,5- 

tetrazine-1,4-dioxide); 

(28) Tetrazoles, as follows: 

(i) NTAT (nitrotriazolaminotetrazole); 

or 

(ii) NTNT (1-N-(2-nitrotriazolo)-4- 

nitrotetrazole); 

(29) Tetryl (trinitrophenylmethyl

nitramine) (CAS 479–45–8); 

(30) TEX (4,10-Dinitro-2,6,8,12- 

tetraoxa-4,10-diazaisowurtzitane) 

(31) TNAD (1,4,5,8-tetranitro-1,4,5,8- 

tetraazadecalin) (CAS 135877–16–6); 

(32) TNAZ (1,3,3-trinitroazetidine) 

(CAS 97645–24–4); 

(33) TNGU (SORGUYL or tetranitro

glycoluril) (CAS 55510–03–7); 

(34) TNP (1,4,5,8-tetranitropyridazino [4,5-d] pyridazine) (CAS 

229176–04–9); 

(35) Triazines, as follows: 

(i) DNAM (2-oxy-4,6-dinitroamino-striazine) (CAS 19899–80–0); or 

(ii) NNHT (2-nitroimino-5-nitrohexahydro-1,3,5 triazine) (CAS 130400– 

13–4); 

(36) Triazoles, as follows: 

(i) 5-azido-2-nitrotriazole; 

(ii) ADHTDN (4-amino-3,5- 

dihydrazino-1,2,4-triazole dinitramide) 

(CAS 1614–08–0); 

(iii) ADNT (1-amino-3,5-dinitro-1,2,4- 

triazole); 

(iv) BDNTA 

(Bis(dinitrotriazole)amine); 

(v) DBT (3,3′-dinitro-5,5-bi-1,2,4- 

triazole) (CAS 30003–46–4); 

(vi) DNBT (dinitrobistriazole) (CAS 

70890–46–9); 

(vii) NTDNT (1-N-(2-nitrotriazolo) 3,5- 

dinitro-triazole); 

(viii) PDNT (1-picryl-3,5- 

dinitrotriazole); or 

(ix) TACOT 

(tetranitrobenzotriazolobenzotriazole) 

(CAS 25243–36–1); 

(37) Energetic ionic materials melting 

between 70 and 100 degrees C and with 

detonation velocity exceeding 6800 m/ 

s or detonation pressure exceeding 18 

GPa (180 kbar); or 

(38) Explosives, not otherwise 

enumerated in this paragraph or on the 

CCL in ECCN 1C608, with a detonation 

velocity exceeding 8,000m/s at 

maximum density or a detonation 

pressure exceeding 34 Gpa (340 kbar). 

*(b) Propellants, as follows: 

(1) Any solid propellant with a 

theoretical specific impulse (see 

paragraph (k)(4) of this category) greater 

than: 

(i) 240 seconds for non-metallized, 

non-halogenated propellant; 

(ii) 250 seconds for non-metallized, 

halogenated propellant; or 

(iii) 260 seconds for metallized 

propellant; 

(2) Propellants having a force constant 

of more than 1,200 kJ/Kg; 

(3) Propellants that can sustain a 

steady-state burning rate more than 

38mm/s under standard conditions (as 

measured in the form of an inhibited 

single strand) of 6.89 Mpa (68.9 bar) 

pressure and 294K (21 °C); or 

(4) Elastomer-modified cast doublebased propellants with extensibility at 

maximum stress greater than 5% at 233 

K (¥40 °C). 

(c) Pyrotechnics, fuels and related 

substances, and mixtures thereof, as 

follows: 

(1) Alane (aluminum hydride) (CAS 

7784–21–6); 

(2) Carboranes; decaborane (CAS 

17702–41–9); pentaborane and 

derivatives thereof; 

(3) Liquid high energy density fuels, 

as follows: 

(i) Mixed fuels that incorporate both 

solid and liquid fuels, such as boron 

slurry, having a mass-based energy 

density of 40 MJ/kg or greater; or 

(ii) Other high energy density fuels 

and fuel additives (e.g., cubane, ionic 

solutions, JP–7, JP–10) having a volumebased energy density of 37.5 GJ per 

cubic meter or greater, measured at 20 

°C and one atmosphere (101.325 kPa) 

pressure; 

Note to paragraph (c)(3)(ii): JP–4, JP–8, 

fossil refined fuels or biofuels, or fuels for 

engines certified for use in civil aviation are 

not included. 

(4) Metal fuels, and fuel or 

pyrotechnic mixtures in particle form 

whether spherical, atomized, 

spheroidal, flaked, or ground, 


emcdonald on DSK29S0YB1PROD with PROPOSALS
25948 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 

manufactured from material consisting 

of 99% or more of any of the following: 

(i) Metals, and mixtures thereof, as 

follows: 

(A) Beryllium (CAS 7440–41–7) in 

particle sizes of less than 60 

micrometers; or 

(B) Iron powder (CAS 7439–89–6) 

with particle size of 3 micrometers or 

less produced by reduction of iron oxide 

with hydrogen; 

(ii) Fuel mixtures or pyrotechnic 

mixtures, which contain any of the 

following: 

(A) Boron (CAS 7440–42–8) or boron 

carbide (CAS 12069–32–8) fuels of 85% 

purity or higher and particle sizes of 

less than 60 micrometers; or 

(B) Zirconium (CAS 7440–67–7), 

magnesium (CAS 7439–95–4), or alloys 

of these in particle sizes of less than 60 

micrometers; 

(iii) Explosives and fuels containing 

the metals or alloys listed in paragraphs 

(c)(4)(i) and (c)(4)(ii) of this category 

whether or not the metals or alloys are 

encapsulated in aluminum, magnesium, 

zirconium, or beryllium; 

(5) Fuel, pyrotechnic, or energetic 

mixtures having any nanosized 

aluminum, beryllium, boron, zirconium, 

magnesium, or titanium as follows: 

(i) Having particle size less than 200 

nm in any direction; and 

(ii) Having 60% or higher purity; 

(6) Pyrotechnic and pyrophoric 

materials, as follows: 

(i) Pyrotechnic or pyrophoric 

materials specifically formulated to 

enhance or control the production of 

radiated energy in any part of the IR 

spectrum; or 

(ii) Mixtures of magnesium, 

polytetrafluoroethylene and the 

copolymer vinylidene difluoride and 

hexafluoropropylene (MTV); 

(7) Titanium subhydride (TiHn) of 

stoichiometry equivalent to n = 0.65– 

1.68; or 

(8) Hydrocarbon fuels specially 

formulated for use in flame throwers or 

incendiary munitions containing metal 

stearates (e.g., octal) or palmitates, and 

M1, M2, and M3 thickeners. 

(d) Oxidizers, as follows: 

(1) ADN (ammonium dinitramide or 

SR–12) (CAS 140456–78–6); 

(2) AP (ammonium perchlorate) (CAS 

7790–98–9); 

(3) BDNPN (bis(2,2- 

dinitropropyl)nitrate) (CAS 28464–24– 

6); 

(4) DNAD (1,3-dinitro-1,3-diazetidine) 

(CAS 78246–06–7); 

(5) HAN (Hydroxylammonium nitrate) 

(CAS 13465–08–2); 

(6) HAP (hydroxylammonium 

perchlorate) (CAS 15588–62–2); 

(7) HNF (Hydrazinium nitroformate) 

(CAS 20773–28–8); 

(8) Hydrazine nitrate (CAS 37836–27– 

4); 

(9) Hydrazine perchlorate (CAS 

27978–54–7); 

(10) Liquid oxidizers comprised of or 

containing inhibited red fuming nitric 

acid (IRFNA) (CAS 8007–58–7) or 

oxygen difluoride; or 

(11) Perchlorates, chlorates, and 

chromates composited with powdered 

metal or other high energy fuel 

components controlled by this category. 

*(e) Binders, and mixtures thereof, as 

follows: 

(1) AMMO 

(azidomethylmethyloxetane and its 

polymers) (CAS 90683–29–7); 

(2) BAMO (bis(azidomethyl)oxetane 

and its polymers) (CAS 17607–20–4); 

(3) BTTN (butanetriol trinitrate) (CAS 

6659–60–5); 

(4) FAMAO (3-difluoroaminomethyl3-azidomethyloxetane) and its 

polymers; 

(5) FEFO (bis(2-fluoro-2,2- 

dinitroethyl)formal) (CAS 17003–79–1); 

(6) GAP (glycidyl azide polymer) 

(CAS 143178–24–9) and its derivatives; 

(7) 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); 

(8) 4,5 diazidomethyl-2-methyl-1,2,3- 

triazole (iso- DAMTR); 

(9) NENAS (nitratoethylnitramine 

compounds) as follows: 

(i) N-Methyl 2-nitratoethylnitramine 

(Methyl-NENA) (CAS 17096–47–8); 

(ii) N-Ethyl 2-nitratoethylnitramine 

(Ethyl-NENA) (CAS 85068–73–1); 

(iii) N-Propyl 2-nitratoethylnitramine 

(CAS 82486–83–7); 

(iv) N-Butyl-2-nitratoethylnitramine 

(BuNENA) (CAS 82486–82–6); or 

(v) N-Pentyl 2-nitratoethylnitramine 

(CAS 85954–06–9); 

(10) Poly-NIMMO (poly 

nitratomethylmethyoxetane, polyNMMO, (poly[3-nitratomethyl-3-methyl 

oxetane]) (CAS 84051–81–0); 

(11) PNO (Poly(3-nitratooxetane)); 

(12) TVOPA 1,2,3-Tris [1,2- 

bis(difluoroamino)ethoxy]propane; tris 

vinoxy propane adduct (CAS 53159–39– 

0); 

(13) Polynitrorthocarbonates; 

(14) FPF-1 (poly-2,2,3,3,4,4- 

hexafluoro pentane-1,5-diolformal) 

(CAS 376–90–9); 

(15) FPF-3 (poly-2,4,4,5,5,6,6- 

heptafluoro-2-trifluoromethyl-3- 

oxaheptane-1,7-diolformal); 

(16) PGN (Polyglycidyl nitrate or 

poly(nitratomethyloxirane); polyGLYN); (CAS 27814–48–8); 

(17) N-methyl-p-nitroaniline; 

(18) Low (less than 10,000) molecular 

weight, alcohol-functionalized, 

poly(epichlorohydrin); 

poly(epichlorohydrindiol); and triol; 

(19) Dinitropropyl based plasticizers, 

as follows: 

(i) BDNPA (bis (2,2-dinitropropyl) 

acetal) (CAS 5108–69–0); or 

(ii) BDNPF (bis (2,2-dinitropropyl) 

formal) (CAS 5917–61–3). 

(f) Additives, as follows: 

(1) Basic copper salicylate (CAS 

62320–94–9); 

(2) BHEGA (Bis-(2- 

hydroxyethyl)glycolamide) (CAS 

17409–41–5); 

(3) BNO (Butadienenitrile oxide); 

(4) Ferrocene derivatives, as follows: 

(i) Butacene (CAS 125856–62–4); 

(ii) Catocene (2,2–Bisethylferrocenylpropane) (CAS 37206– 

42–1); 

(iii) Ferrocene carboxylic acids and 

ferrocene carboxylic acid esters; 

(iv) n-butylferrocene (CAS 31904–29– 

7); 

(v) Ethylferrocene (CAS 1273–89–8); 

(vi) Propylferrocene; 

(vii) Pentylferrocene (CAS 1274–00– 

6); 

(viii) Dicyclopentylferrocene; 

(ix) Dicyclohexylferrocene; 

(x) Diethylferrocene (CAS 173–97–8); 

(xi) Dipropylferrocene; 

(xii) Dibutylferrocene (CAS 1274–08– 

4); 

(xiii) Dihexylferrocene (CAS 93894– 

59–8); 

(xiv) Acetylferrocene (CAS 1271–55– 

2)/1,1′-diacetyl ferrocene (CAS 1273– 

94–5); or 

(xv) Other ferrocene derivatives that 

do not contain a six carbon aromatic 

functional group attached to the 

ferrocene molecule; 

(5) Lead beta-resorcylate (CAS 20936– 

32–7); 

(6) Lead citrate (CAS 14450–60–3); 

(7) Lead-copper chelates of betaresorcylate or salicylates (CAS 68411– 

07–4); 

(8) Lead maleate (CAS 19136–34–6); 

(9) Lead salicylate (CAS 15748–73–9); 

(10) Lead stannate (CAS 12036–31–6); 

(11) MAPO (tris-1-(2-methyl) 

aziridinylphosphine oxide) (CAS 57– 

39–6); BOBBA–8 (bis(2-methyl 

aziridinyl)-2-(2-hydroxypropanoxy) 

propylamino phosphine oxide); and 

other MAPO derivatives; 

(12) Methyl BAPO (Bis(2-methyl 

aziridinyl)methylaminophosphine 

oxide) (CAS 85068–72–0); 

(13) 3–Nitraza-1,5-pentane 

diisocyanate (CAS 7406–61–9); 

(14) Organo-metallic coupling agents, 

as follows: 

(i) Neopentyl[diallyl]oxy, tri [dioctyl] 

phosphatotitanate (CAS 103850–22–2); 


emcdonald on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 25949 

also known as titanium IV, 2,2[bis 2- 

propenolato-methyl, butanolato, tris 

(dioctyl) phosphato] (CAS 110438–25– 

0), or LICA 12 (CAS 103850–22–2); 

(ii) Titanium IV, [(2-propenolato-1) 

methyl, n-propanolatomethyl] 

butanolato-1, 

tris(dioctyl)pyrophosphate, or KR3538; 

or 

(iii) Titanium IV, [(2-propenolato1)methyl, propanolatomethyl] 

butanolato-1, tris(dioctyl) phosphate; 

(15) PCDE 

(Polycyanodifluoroaminoethylene 

oxide); 

(16) Certain bonding agents, as 

follows: 

(i) 1,1R,1S-trimesoyl-tris(2- 

ethylaziridine) (HX–868, BITA) (CAS 

7722–73–8); or 

(ii) Polyfunctional aziridine amides 

with isophthalic, trimesic, isocyanuric, 

or trimethyladipic backbone also having 

a 2-methyl or 2-ethyl aziridine group; 

Note to paragraph (f)(16)(ii): Included 

are 1) 1,1H-Isophthaloyl-bis(2- 

methylaziridine) (HX–752) (CAS 7652– 

64–4); 2) 2,4,6-tris(2-ethyl-1-aziridinyl)- 

1,3,5-triazine (HX–874) (CAS 18924–91– 

9); and 3) 1,1′-trimethyladipoylbis(2- 

ethylaziridine) (HX–877) (CAS 71463– 

62–2). 

(17) Superfine iron oxide (Fe2O3,

hematite) with a specific surface area 

more than 250 m2/g and an average 

particle size of 0.003 micrometers or 

less (CAS 1309–37–1); 

(18) TEPAN (HX–879) 

(tetraethylenepentaamineacrylonitrile) 

(CAS 68412–45–3); cyanoethylated 

polyamines and their salts; 

(19) TEPANOL (HX–878) (tetraethy

lenepentaamineacrylonitrileglycidol) 

(CAS 110445–33–5); cyanoethylated 

polyamines adducted with glycidol and 

their salts; 

(20) TPB (triphenyl bismuth) (CAS 

603–33–8); or 

(21) Tris (ethoxyphenyl) bismuth 

(TEPB) (CAS 90591–48–3). 

(g) Precursors, as follows: 

(1) BCMO (bischloromethyloxetane) 

(CAS 142173–26–0); 

(2) DADN (1,5-diacetyl-3,7-dinitro-1, 

3, 5, 7-tetraazacyclooctane; 

(3) Dinitroazetidine-t-butyl salt (CAS 

125735–38–8); 

(4) CL–20 precursors (any molecule 

containing hexaazaisowurtzitane) (e.g., 

HBIW 

(hexabenzylhexaazaisowurtzitane), 

TAIW (tetraacetyldibenzylhexaazaisowurtzitane)); 

(5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5, 

7-tetraazacyclooctane) (CAS 41378–98– 

7); 

(6) Tetraazadecalin (CAS 5409–42–7); 

(7) 1,3,5-trichlorobenzene (CAS 108– 

70–3); or 

(8) 1,2,4-trihydroxybutane (1,2,4- 

butanetriol) (CAS 3068–00–6). 

(h) Any explosive, propellant, 

pyrotechnic, fuel, oxidizer, binder, 

additive, or precursor that: 

(1) is classified; 

(2) is manufactured using classified 

production data; or 

(3) is being developed using classified 

information. 

‘‘Classified’’ means classified 

pursuant to Executive Order 13526, or 

predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the 

corresponding classification rules of 

another government. 

(i) Developmental explosives, 

propellants, pyrotechnics, fuels, 

oxidizers, binders, additives, or 

precursors therefor developed under a 

contract with the U.S. Government not 

otherwise controlled under this 

category. 

(j) Technical data (as defined in 

§ 120.10 of this subchapter) and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles numerated in 

paragraphs (a) through (i) of this 

category (see also § 123.20 of this 

subchapter). 

(k) The following interpretations 

explain and amplify the terms used in 

this category and elsewhere in this 

subchapter: 

(1) Category V contains explosives, 

energetic materials, propellants, and 

pyrotechnics and specially formulated 

fuels for aircraft, missile, and naval 

applications. Explosives are solid, 

liquid, or gaseous substances or 

mixtures of substances, which, in their 

primary, booster, or main charges in 

warheads, demolition, or other military 

applications, are required to detonate. 

(2) The resulting product of the 

combination or conversion of any 

substance controlled by this category 

into an item not controlled will no 

longer be controlled by this category 

provided the controlled item cannot 

easily be recovered through dissolution, 

melting, sieving, etc. As an example, 

beryllium converted to a near net shape 

using hot isostatic processes will result 

in an uncontrolled part. A cured 

thermoset containing beryllium powder 

is not controlled unless meeting an 

explosive or propellant control. The 

mixture of beryllium powder in a cured 

thermoset shape is not controlled by 

this category. The mixture of controlled 

beryllium powder mixed with a typical 

propellant binder will remain controlled 

by this category. The addition of dry 

silica powder to dry beryllium powder 

will remain controlled. 

(3) Paragraph (c)(4)(ii)(A) of this 

category does not control boron and 

boron carbide enriched with boron-10 

(20% or more of total boron-10 content). 

(4) Theoretical specific impulse (Isp) 

is calculated using standard conditions 

(1000 psi chamber pressure expanded to 

14.7 psi) and measured in units of 

pound-force-seconds per pound-mass 

(lbf-s/lbm) or simplified to seconds (s). 

Calculations will be based on shifting 

equilibrium. 

(5) Particle size is the mean particle 

diameter on a weight basis. Best 

industrial practices will be used in 

determining particle size and the 

controls may not be undermined by 

addition of larger or smaller sized 

material to shift the mean diameter. 

Note 1: To assist the exporter, an item has 

been categorized by the most common use. 

Also, where appropriate, references have 

been provided to the related controlled 

precursors. 

Note 2: Chemical Abstract Service (CAS) 

registry numbers do not cover all the 

substances and mixtures controlled by this 

category. The numbers are provided as 

examples to assist government agencies in 

the license review process and exporters 

when completing their license application 

and export documentation. 

* * * * * 

Dated: April 24, 2012. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2012–10455 Filed 5–1–12; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE INTERIOR 

Office of Surface Mining Reclamation 

and Enforcement 

30 CFR Part 943 

[SATS No. TX–060–FOR; Docket ID: OSM– 

2012–0007] 

Texas Regulatory Program 

AGENCY: Office of Surface Mining 

Reclamation and Enforcement, Interior. 

ACTION: Proposed rule; public comment 

period and opportunity for public 

hearing on proposed amendment. 

SUMMARY: We, the Office of Surface 

Mining Reclamation and Enforcement 

(OSM), are announcing receipt of a 

proposed amendment to the Texas 

regulatory program (Texas program) 

under the Surface Mining Control and 

Reclamation Act of 1977 (SMCRA or the 

Act). Texas proposes revisions to its 

regulations regarding: definitions; 

review of permit applications; criteria 


emcdonald on DSK29S0YB1PROD with PROPOSALS