```

[Federal Register Volume 79, Number 101 (Tuesday, May 27, 2014)]
[Rules and Regulations]
[Pages 30021-30025]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-12152]

=======================================================================
-----------------------------------------------------------------------

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

[[Page 30022]]

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.

[[Page 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 international-security-
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]

0
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).

0
2. Section 772.1 is amended:
0
a. By revising Technical Notes b.2 of the ``payload'' definition; and
0
b. By adding, in alphabetical order, a second definition of 
``repeatability'' as set forth below:

Sec.  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 non-operating periods occur between measurements.''
* * * * *

PART 774--[AMENDED]

0
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).

0
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

[[Page 30024]]

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.
* * * * *

0
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:
0
a. By revising ``items'' paragraph b in the List of Items Controlled 
section; and
0
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.

0
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: * * *

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738).
 
 
                                * * * * *
MT applies to ``software'' for the          MT Column 1
 ``development,'' ``production,''
 operation, or maintenance of items
 controlled by 1B001 for MT reasons.
 
                                * * * * *
 

* * * * *

0
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: * * *

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738).
 
 
                                * * * * *
MT applies to ``software'' for the
 ``development'', ``production'',
 operation, or maintenance of items
 controlled by 1B018 for MT reasons.
 
                                * * * * *
 

* * * * *

0
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.
* * * * *

0
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:
0
a. By revising the heading; and
0
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.

0
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
* * * * *

0
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

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738).
 
MT applies to entire entry................  MT Column 1
AT applies to entire entry................  AT Column 1
 

[[Page 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.

0
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
```