Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations 30021 

(Lat. 40°04′55′′ N., long. 75°00′38′′ W.) 

Cross Keys Airport, NJ 

(Lat. 39°42′20′′ N., long. 75°01′59′′ W.) 

Boundaries. 

By removing the current description of 

Area G and adding in its place: 

Area G. That airspace extending upward 

from 3,500 feet MSL to and including 7,000 

feet MSL within a 20-mile radius of PHL, 

excluding that airspace south of a line 

beginning at the intersection of the PHL 20- 

mile radius and the 158° bearing from PHL, 

thence direct to the intersection of the PHL 

17.9-mile radius and the 138° bearing from 

PHL, and that airspace bounded by a line 

beginning at the intersection of the PHL 17.9- 

mile radius and the 138° bearing from PHL, 

thence direct to the intersection of the PHL 

15-mile radius and the 141° bearing from 

PHL, thence direct to the intersection of the 

Cross Keys Airport (17N) 1.5-mile radius and 

the 212° bearing from 17N, thence clockwise 

via the 1.5-mile radius of 17N to the 257° 

bearing from 17N, thence direct to the 

intersection of the 17N 1.5-mile radius and 

the 341° bearing from 17N, thence clockwise 

via the 1.5-mile radius of 17N to the 011° 

bearing from 17N, thence direct to the 

intersection of the PHL 15-mile radius and 

the 127° bearing from PHL, thence direct to 

the intersection of the PHL 20-mile radius 

and the 118° bearing from PHL, and Areas A, 

B, C, D, E and F. 

Issued in Washington, DC, on May 19, 

2014. 

Gary A. Norek, 

Manager, Airspace Policy and Regulations 

Group. 

[FR Doc. 2014–11995 Filed 5–23–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 772 and 774 

[Docket No. 131121983–4407–01] 

RIN 0694–AG02 

Revisions to the Export Administration 

Regulations Based on the 2013 Missile 

Technology Control Regime Plenary 

Agreements 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) is amending the Export 

Administration Regulations (EAR) to 

reflect changes to the Missile 

Technology Control Regime (MTCR) 

Annex that were agreed to by MTCR 

member countries at the October 2013 

Plenary in Rome, Italy, and at the 2013 

Technical Experts Meeting in Bonn, 

Germany. This final rule revises eight 

Export Control Classification Numbers 

(ECCNs), adds one new ECCN and lastly 

revises two defined terms (the definition 

of ‘‘payload’’ and ‘‘repeatability’’) to 

implement the changes that were agreed 

to at the meetings. 

DATES: This rule is effective: May 27, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

Sharon Bragonje, Nuclear and Missile 

Technology Controls Division, Bureau 

of Industry and Security, Phone: (202) 

482–0434; Email: sharon.bragonje@

bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The MTCR is an export control 

arrangement among 34 nations, 

including most of the world’s suppliers 

of advanced missiles and missile-related 

equipment, materials, software and 

technology. The regime establishes a 

common list of controlled items (the 

Annex) and a common export control 

policy (the Guidelines) that member 

countries implement in accordance with 

their national export controls. The 

MTCR seeks to limit the risk of 

proliferation of weapons of mass 

destruction by controlling exports of 

goods and technologies that could make 

a contribution to delivery systems (other 

than manned aircraft) for such weapons. 

In 1992, the MTCR’s original focus on 

missiles for nuclear weapons delivery 

was expanded to include the 

proliferation of missiles for the delivery 

of all types of weapons of mass 

destruction (WMD), i.e., nuclear, 

chemical and biological weapons. Such 

proliferation has been identified as a 

threat to international peace and 

security. One way to counter this threat 

is to maintain vigilance over the transfer 

of missile equipment, material, and 

related technologies usable for systems 

capable of delivering WMD. MTCR 

members voluntarily pledge to adopt the 

regime’s export Guidelines and to 

restrict the export of items contained in 

the regime’s Annex. The 

implementation of the regime’s 

Guidelines is effectuated through the 

national export control laws and 

policies of the regime members. 

Amendments to the Export 

Administration Regulations 

This final rule revises the EAR to 

reflect changes to the MTCR Annex 

agreed to at the October 2013 Plenary in 

Rome, Italy, and at the 2013 Technical 

Experts Meeting in Bonn, Germany. 

Corresponding MTCR Annex references 

are provided below for the MTCR 

Annex changes agreed to at the 

meetings. In the explanation below for 

the revisions made in this rule, BIS 

identifies these changes as follows: 

‘‘Rome 2013 Plenary’’ and ‘‘Bonn 2013 

TEM’’ to assist the public in 

understanding the origin of each change 

included in this final rule. 

In section 772.1 (Definitions of Terms 

as Used in the Export Administration 

Regulations) this final rule amends the 

definition of the term ‘‘payload’’ (MTCR 

Annex Change, Definitions: ‘‘Payload,’’ 

Bonn 2013 TEM). The definition of 

‘‘payload’’ is revised by adding the 

phrase ‘‘and separation systems’’ to the 

end of the description for space launch 

vehicles in Technical Note (b.2). This 

control changes the definition of 

‘‘payload’’ for space launch vehicles to 

specifically identify separation systems. 

This is a clarification and will not 

change any scope of control. This 

change is not expected to have any 

impact on the number of license 

applications received by BIS. 

In addition, in section 772.1, this final 

rule amends the definition of the term 

‘‘repeatability’’ (MTCR Annex Change, 

Category II: Item 9.A.3., Rome 2013 

Plenary). This final rule adds the phrase 

‘‘for Inertial Sensor Terminology’’ after 

the phrase ‘‘IEEE Standard’’ to add more 

description regarding the standard being 

referenced. In addition, after the 

standard number 528–2001, this final 

rule adds the phrase ‘‘in the Definitions 

section paragraph 2.214 titled 

repeatability (gyro, accelerometer).’’ 

These changes are not substantive and 

are limited to assisting the public in 

more easily identifying the standards 

being referenced in the ‘‘repeatability’’ 

definition. This change is not expected 

to have any impact on the number of 

license applications received by BIS. 

In addition, this rule amends the 

Commerce Control List (CCL) to reflect 

changes to the MTCR Annex. 

Specifically, the following nine ECCNs 

are affected: 

ECCN 1B102 is amended by revising 

‘‘items’’ paragraph (a) in the List of 

Items Controlled section by correcting a 

typographical error in the phrase ‘‘metal 

power’’ to make it read ‘‘metal powder.’’ 

This final rule also revises paragraph (a) 

by adding the term ‘‘spheroidal’’ to 

clarify that those types of materials are 

also within the scope of this paragraph. 

Lastly, this final rule revises the cross 

reference to the United States Munitions 

List (USML) to make the cross reference 

more specific and to conform to recent 

changes to the manner in which items 

controlled for MT reasons are identified 

on the USML (MTCR Annex Change, 

Category II: Item 4.B.3.d., Bonn 2013 

TEM). This change is a follow-up 

conforming change to the CCL to reflect 

the previous inclusion of the term 

‘‘spheroidal’’ in ECCNs 1C011 and 

1C111 in the 2012 MTCR Plenary 


emcdonald on DSK67QTVN1PROD with RULES
30022 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations 

Agreements rule published on July 16, 

2013 (78 FR 42430), which made it clear 

that metal powders are not perfectly 

spherical. This change is not expected 

to have any impact on the number of 

license applications received by BIS. 

ECCN 1B117 is amended by revising 

‘‘items’’ paragraph (b) in the List of 

Items Controlled section to add single 

quotes around the term ‘mixing/

kneading shaft.’ In addition, this final 

rule adds a new Note to paragraph (b) 

to specify that the term ‘mixing/

kneading shaft’ does not refer to 

deagglomerators or knife-spindles to 

clarify the scope of this term as used in 

this paragraph (MTCR Annex Change, 

Category II: Item 4.B.3., Bonn 2013 

TEM). This change clarifies what 

constitutes a mixing/kneading shaft in a 

batch mixer. This change is not 

expected to have any impact on the 

number of license applications received 

by BIS. 

ECCN 1D001 is amended by revising 

the MT control(s) paragraph in the 

License Requirements section to remove 

the term ‘‘use’’ and replace it with the 

terms ‘‘operation’’ and ‘‘maintenance,’’ 

which are two of six elements from the 

defined term ‘‘use’’ (MTCR Annex 

Change, Category II: Item 6.D.1., Rome 

2013 Plenary). This change is made as 

a result of the U.S. Government’s efforts 

to replace the defined term ‘‘use’’ within 

the Annex with more specific language 

(such as ‘‘operation’’ and 

‘‘maintenance’’ or other terms) in 

certain entries to better identify the 

items warranting control. Although this 

changes the scope of the MT control in 

this ECCN, this change is only expected 

to result in an increase of 3–5 

applications received annually by BIS. 

ECCN 1D018 is amended by revising 

the MT control(s) paragraph in the 

License Requirements section to remove 

the term ‘‘use’’ and replace it with the 

terms ‘‘operation’’ and ‘‘maintenance,’’ 

which are two of six elements from the 

defined term ‘‘use’’ (MTCR Annex 

Change, Category II: Item 4.D.1., Rome 

2013 Plenary). This is the result of the 

U.S. Government’s efforts to replace the 

defined term ‘‘use’’ within the Annex 

with more specific language (such as 

‘‘operation’’ and ‘‘maintenance’’ or other 

terms) in certain entries to better 

identify the items warranting control. 

Although this change clarifies the scope 

of the MT control in this ECCN, this 

change is expected to result in an 

increase of 1–2 applications received 

annually by BIS. 

ECCN 1D101 is amended by revising 

the heading to remove the term ‘‘use’’ 

and replace it with the terms 

‘‘operation’’ and ‘‘maintenance,’’ which 

are two of six elements from the defined 

term ‘‘use’’ (MTCR Annex Change, 

Category II: Item 4.D.1., Rome 2013 

Plenary). This is the result of the U.S. 

Government’s efforts to replace the 

defined term ‘‘use’’ within the Annex 

with more specific language (such as 

‘‘operation’’ and ‘‘maintenance’’ or other 

terms) in certain entries to better 

identify the items warranting control. 

Although this change clarifies the scope 

of the ECCN heading, this change is 

expected to result in an increase of 3– 

5 applications received annually by BIS. 

ECCN 6A107 is amended by revising 

the heading and the ‘‘items’’ paragraph 

in the List of Items Controlled section to 

make clearer how gravity meters and 

gravity gradiometers are controlled 

under this ECCN (MTCR Annex Change, 

Category II: Item 12.A.3., Bonn 2013 

TEM). Previously, both gravity meters 

and gravity gradiometers were specified 

by the same parameters, when in fact 

gravity meters and gradiometers 

measure different values and these 

results are expressed in different units. 

A gravity meter measures local 

gravitational forces directly, and is 

expressed in milligals. A gradiometer 

measures the rate of change of 

gravitational acceleration, or gravity 

gradient. Gradiometers have more 

complex units, and as any gradiometer 

that is designed or modified for airborne 

or marine use can be used in missiles, 

the text covers all gradiometers, 

regardless of performance values. This 

change is a correction. Although this 

change clarifies the scope of the ECCN, 

this change is not expected to have any 

impact on the number of license 

applications received by BIS. 

ECCN 9A101 is amended by revising 

‘‘items’’ paragraph (a.2) to add the 

phrase ‘‘conditions using the ICAO 

standard atmosphere’’ to provide greater 

specificity for how specific fuel 

consumption should be measured for 

purposes of this paragraph when at 

static sea level (MTCR Annex Change, 

Category II: Item 3.A.1.a.2., Bonn 2013 

TEM). This is a clarification of what 

standard conditions are to be applied 

during measurement. This change is not 

expected to have any impact on the 

number of license applications received 

by BIS. 

ECCN 9A102 is added to the EAR. 

This new ECCN 9A102 will control 

‘turboprop engine systems’ ‘‘specially 

designed’’ for items controlled in 9A012 

for MT reasons, and ‘‘specially 

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

therefor, having a maximum power 

greater than 10 kW achieved uninstalled 

at sea level static conditions using the 

ICAO standard atmosphere. New ECCN 

9A102 also includes a technical note to 

clarify what ‘‘components’’ a ‘turboprop 

engine system’ incorporates (MTCR 

Annex Change, Category II: Item 3.A.9., 

Bonn 2013 TEM). Annex entry 3.A.9. 

was revised at the Bonn 2013 TEM. At 

that time the U.S. Government, in 

reviewing the new change, determined 

that the existing CCL entries did not 

control for MT reasons the commodities 

identified in Annex Item 3.A.9. 

Therefore, BIS needed to create a new 

ECCN 9A102 to control the commodities 

identified in Annex Item 3.A.9. This 

change is expected to result in an 

increase of 1–2 applications received 

annually by BIS. 

ECCN 9B106 is amended by revising 

‘‘items’’ paragraph a.2 in the List of 

Items Controlled section to add the term 

‘‘while’’ for clarification (MTCR Annex 

Change, Category II: Item 15.B.4.a.2., 

Bonn 2013 Plenary). This is a minor 

correction to the wording used in 

paragraph (a.2). This change is not 

expected to have any impact on the 

number of license applications received 

by BIS. 

Savings Clause 

Shipments of items removed from 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) as a result of this regulatory 

action that were on dock for loading, on 

lighter, laden aboard an exporting or 

reexporting carrier, or en route aboard a 

carrier to a port of export or reexport, on 

May 27, 2014, pursuant to actual orders 

for export or reexport to a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export or reexport without a license 

(NLR) so long as they are exported or 

reexported before June 26, 2014. Any 

such items not actually exported or 

reexported before midnight, on June 26, 

2014, require a license in accordance 

with this rule. 

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, 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. 


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Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations 30023 

Regulatory 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 

determined to be significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to nor be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

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

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

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and carries a burden 

estimate of 43.8 minutes for a manual or 

electronic submission. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are 

expected to increase slightly as a result 

of this rule. You may send comments 

regarding the collection of information 

associated with this rule, including 

suggestions for reducing the burden, to 

Jasmeet K. Seehra, Office of 

Management and Budget (OMB), by 

email to Jasmeet_K._Seehra@

omb.eop.gov, or by fax to (202) 395– 

7285. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a delay in effective 

date, are inapplicable because this 

regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Immediate 

implementation of these amendments 

fulfills the United States’ international 

commitments to the MTCR. The MTCR 

contributes to international peace and 

security by promoting greater 

responsibility in transfers of missile 

technology items that could make a 

contribution to delivery systems (other 

than manned aircraft) for weapons of 

mass destruction. The MTCR consists of 

34 member countries that act on a 

consensus basis and the changes set 

forth in this rule implement agreements 

reached by MTCR member countries at 

the October 2013 Plenary in Rome, Italy. 

Since the United States is a significant 

exporter of the items in this rule, 

implementation of this provision is 

necessary for the MTCR to achieve its 

purpose. Moreover, it is in the public’s 

interest to waive the notice and 

comment requirements, as any delay in 

implementing this rule will disrupt the 

movement of affected items globally 

because of disharmony between export 

control measures implemented by 

MTCR members, resulting in tension 

between member countries. Export 

controls work best when all countries 

implement the same export controls in 

a timely manner. If this rulemaking 

were delayed to allow for notice and 

comment and a 30 day delay in 

effectiveness, it would prevent the 

United States from fulfilling its 

commitment to the MTCR in a timely 

manner, would injure the credibility of 

the United States in this and other 

multilateral regimes, and may impair 

the international communities’ ability to 

effectively control the export of certain 

potentially national- and internationalsecurity-threatening materials. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

List of Subjects 

15 CFR Part 772 

Exports. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, parts 772 and 774 of the 

Export Administration Regulations (15 

CFR parts 730–774) are amended as 

follows: 

PART 772—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 772 continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

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

■ 2. Section 772.1 is amended: 

■ a. By revising Technical Notes b.2 of 

the ‘‘payload’’ definition; and 

■ b. By adding, in alphabetical order, a 

second definition of ‘‘repeatability’’ as 

set forth below: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Payload. * * * 

NOTE: * * * 

TECHNICAL NOTES: 

a. * * * 

b. Space Launch Vehicles—‘‘Payload’’ 

includes: 

1. * * * 

2. Spacecraft-to-launch vehicle 

adapters including, if applicable, 

apogee/perigee kick motors or similar 

maneuvering systems and separation 

systems; 

* * * 

* * * * * 

‘‘Repeatability’’. (MTCR Context only) 

(Cat 7)—According to IEEE Standard for 

Inertial Sensor Terminology 528–2001 

in the Definitions section paragraph 

2.214 titled repeatability (gyro, 

accelerometer) as follows: ‘‘The 

closeness of agreement among repeated 

measurements of the same variable 

under the same operating conditions 

when changes in conditions or nonoperating periods occur between 

measurements.’’ 

* * * * * 

PART 774—[AMENDED] 

■ 3. The authority citation for 15 CFR 

part 774 continues to read as follows: 

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

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

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

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

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

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

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

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

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

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

FR 49107 (August 12, 2013). 

■ 4. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1B102 is amended by revising ‘‘items’’ 

paragraph a in the List of Items 

Controlled section to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1B102 Metal powder ‘‘production 

equipment,’’ other than that specified in 


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30024 Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations 

1B002, and ‘‘parts’’ and ‘‘components’’ 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Metal powder ‘‘production equipment’’ 

usable for the ‘‘production’’, in a controlled 

environment, of spherical, spheroidal or 

atomized materials specified in 1C011.a., 

1C011.b., 1C111.a.1., 1C111.a.2., or 

controlled for MT reasons in Category V of 

the USML. 

* * * * * 

■ 5. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1B117 is amended: 

■ a. By revising ‘‘items’’ paragraph b in 

the List of Items Controlled section; and 

■ b. By adding a note to ‘‘items’’ 

paragraph b in the List of Items 

Controlled section to read as follows: 

1B117 Batch mixers with provision for 

mixing under vacuum in the range from 

zero to 13.326 kPa and with temperature 

control capability of the mixing chamber 

and having all of the following 

characteristics (see List of Items 

Controlled), and ‘‘specially designed’’ 

‘‘parts’’ and ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. At least one ‘mixing/kneading shaft’ 

mounted off center. 

Note to paragraph b: In 1B117.b. the term 

‘mixing/kneading shaft’ does not refer to 

deagglomerators or knife-spindles. 

■ 6. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1D001 is amended by revising the 

second entry in the License 

Requirements table to read as follows: 

1D001 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘development’’, 

‘‘production’’ or ‘‘use’’ of equipment 

controlled by 1B001 to 1B003. 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738). 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738). 

* * * * * 

MT applies to ‘‘software’’ for the ‘‘development,’’ ‘‘production,’’ operation, 

or maintenance of 

items controlled by 

1B001 for MT reasons.

MT Column 1 

* * * * * 

* * * * * 

■ 7. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1D018 is amended by revising the 

second entry in the License 

Requirements table to read as follows: 

1D018 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of items 

controlled by 1B018. 

License Requirements 

Reason for Control: * * * 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738). 

* * * * * 

MT applies to ‘‘software’’ for the ‘‘development’’, ‘‘production’’, operation, 

or maintenance of 

items controlled by 

1B018 for MT reasons.

* * * * * 

* * * * * 

■ 8. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

1—Special Materials and Related 

Equipment, Chemicals, 

‘‘Microorganisms’’ and ‘‘Toxins,’’ Export 

Control Classification Number (ECCN) 

1D101 is amended by revising the 

heading to read as follows: 

1D101 ‘‘Software’’ ‘‘specially designed’’ or 

modified for the operation or 

maintenance of commodities controlled 

by 1B101, 1B102, 1B115, 1B117, 1B118, 

or 1B119. 

* * * * * 

■ 9. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

6—Sensors and Lasers, Export Control 

Classification Number (ECCN) 6A107 is 

amended: 

■ a. By revising the heading; and 

■ b. By revising the ‘‘items’’ paragraph 

in the List of Items Controlled section to 

read as follows: 

6A107 Gravity meters (gravimeters) or 

gravity gradiometers, other than those 

controlled by 6A007, designed or 

modified for airborne or marine use, as 

follows, (see List of Items Controlled) 

and ‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Gravity meters having all the following: 

1. A static or operational accuracy equal to 

or less (better) than 0.7 milligal (mgal); and 

2. A time to steady-state registration of two 

minutes or less. 

b. Gravity gradiometers. 

■ 10. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9A101 is amended by revising ‘‘items’’ 

paragraph a.2 in the List of Items 

Controlled section to read as follows: 

9A101 Turbojet and turbofan engines, 

other than those controlled by 9A001, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

* * * * * 

a.2. Specific fuel consumption of 0.15 kg 

N ¥1 h ¥1 or less (at maximum continuous 

power at sea level static conditions using the 

ICAO standard atmosphere); or 

* * * * * 

■ 11. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion add new 

ECCN 9A102 between ECCNs 9A101 

and 9A103 to read as follows: 

9A102 ‘Turboprop engine 

systems’ ‘‘specially designed’’ for items 

controlled in 9A012 for MT reasons, and 

‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor, having a 

maximum power greater than 10 kW 

(achieved uninstalled at sea level static 

conditions using the ICAO standard 

atmosphere), excluding civil certified 

engines. 

License Requirements 

Reason for Control: MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738). 

MT applies to entire 

entry.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 101 / Tuesday, May 27, 2014 / Rules and Regulations 30025 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See also 9A001 and 

9A101. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

Technical Note to 9A102: For the purposes 

of 9A102 a ‘turboprop engine system’ 

incorporates all of the following: 

a. Turboshaft engine; and 

b. Power transmission system to transfer 

the power to a propeller. 

■ 12. In Supplement No. 1 to part 774 

(the Commerce Control List), Category 

9—Aerospace and Propulsion, Export 

Control Classification Number (ECCN) 

9B106 is amended by revising ‘‘items’’ 

paragraph a.2 in the List of Items 

Controlled section to read as follows: 

9B106 Environmental chambers usable for 

rockets, missiles, or unmanned aerial 

vehicles capable of achieving a ‘‘range’’ 

equal to or greater than 300 km and 

their subsystems, as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

* * * * * 

a.2. Incorporating, or designed or modified 

to incorporate, a shaker unit or other 

vibration test equipment to produce vibration 

environments equal to or greater than 10 g 

rms, measured ‘bare table’, between 20 Hz 

and 2 kHz while imparting forces equal to or 

greater than 5 kN; 

Technical Notes: * * * 

* * * * * 

Dated: May 21, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–12152 Filed 5–23–14; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Parts 100 and 165 

[Docket Number USCG–2014–0095] 

RIN 1625–AA00, AA08 

Special Local Regulations and Safety 

Zones; Recurring Marine Events and 

Fireworks Displays Within the Fifth 

Coast Guard District 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Coast Guard is amending 

its special local regulations and safety 

zones established for recurring marine 

events and fireworks displays that take 

place within the Fifth Coast Guard 

District area of responsibility. This 

interim final rule revises the listing of 

events that informs the public of 

regularly scheduled marine parades, 

regattas, other organized water events, 

and fireworks displays that require 

additional safety measures provided by 

regulations. Through this interim final 

rule, the current list of recurring marine 

events requiring special local 

regulations or safety zones is updated 

with revisions, additional events, and 

removal of events that no longer take 

place in the Fifth Coast Guard District 

area of responsibility. When these 

special local regulations and safety 

zones are enforced, certain restrictions 

are placed on marine traffic in specified 

areas. Additionally, this rulemaking 

project promotes efficiency by 

eliminating the need to produce a 

separate rule for each individual 

recurring event, and serves to provide 

notice of the known recurring events 

requiring a special local regulation or 

safety zone throughout the year. 

DATES: This rule is effective without 

actual notice from May 27, 2014. For the 

purposes of enforcement, actual notice 

will be used from the date the rule was 

signed, May 12, 2014, until May 27, 

2014. Comments and related material 

must be received by the Coast Guard on 

or before June 26, 2014. 

ADDRESSES: Documents mentioned in 

this preamble are part of Docket Number 

USCG–2014–0095. To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type the docket 

number in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on ‘‘Open Docket 

Folder’’ on the line associated with this 

rulemaking. You may also visit the 

Docket Management Facility in Room 

W12–140 on the ground floor of the 

Department of Transportation West 

Building, 1200 New Jersey Avenue SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

You may submit comments, identified 

by docket number, using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: (202) 493–2251. 

(3) Mail or Delivery: Docket 

Management Facility (M–30), U.S. 

Department of Transportation, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001. Deliveries 

accepted between 9 a.m. and 5 p.m., 

Monday through Friday, except federal 

holidays. The telephone number is 202– 

366–9329. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for further instructions on 

submitting comments. To avoid 

duplication, please use only one of 

these three methods. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Dennis Sens, Fifth Coast Guard 

District, Prevention Division, (757) 398– 

6204, Dennis.M.Sens@uscg.mil. If you 

have questions on viewing or submitting 

material to the docket, call Cheryl 

Collins, Program Manager, Docket 

Operations, telephone (202) 366–9826. 

SUPPLEMENTARY INFORMATION: 

Table of Acronyms 

AOR Area of Responsibility 

APA Administrative Procedure Act 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

A. Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http://

www.regulations.gov and will include 

any personal information you have 

provided. 

1. Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking, indicate the specific section 

of this document to which each 

comment applies, and provide a reason 

for each suggestion or recommendation. 

You may submit your comments and 

material online at http://

www.regulations.gov, or by fax, mail, or 


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