77884 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

* * * * * 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2014–30135 Filed 12–24–14; 8:45 am] 

BILLING CODE 6750–01–C 

DEPARTMENT OF STATE 

22 CFR Parts 121 and 126 

RIN 1400–AD25 

[Public Notice 8979] 

Amendment to the International Traffic 

in Arms Regulations: United States 

Munitions List Category XI (Military 

Electronics), Correction, and Other 

Changes 

AGENCY: Department of State. 

ACTION: Final rule; correction and 

correcting amendments. 

SUMMARY: The Department of State is 

correcting a final rule that appeared in 

the Federal Register of July 1, 2014 (79 

FR 37536) and making other, minor 

changes. 

DATES: This rule is effective on 

December 30, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

C. Edward Peartree, Director, Office of 

Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2792; email 

DDTCPublicComments@state.gov. 

ATTN: Regulatory Change, USML 

Category XI Final Rule, Correction. The 

Department of State’s full retrospective 

plan can be accessed at http://www.

state.gov/documents/organization/

181028.pdf. 

SUPPLEMENTARY INFORMATION: The 

Department is correcting the rule, 

‘‘Amendment to the International 

Traffic in Arms Regulations: United 

States Munitions List Category XI 

(Military Electronics), and Other 

Changes’’ published in the Federal 

Register of July 1, 2014 (79 FR 37536), 

and effective on December 30, 2014. The 

changes in this rule are meant to clarify 

the regulation by revising certain text 

and providing conforming updates to 

Supplement No. 1 to part 126, taking 

into account revisions made to the 

USML categories in the rule published 

on July 1, 2014. 

Additionally, minor corrections are 

made to section 126.6, as follows: 1) 

subparagraph (c)(4) is deleted to account 

for a previous revision to section 126.1 

that excepts section 126.6; 2) 

subparagraph (c)(6)(ii) is revised to 

replace the obsolete term, ‘‘Shippers 

Export Declaration’’ with the correct 

term, ‘‘Electronic Export Information;’’ 

and, subparagraph (c)(7)(iv) is deleted to 

remove reference to the obsolete ‘‘Direct 

Shipment Verification Program.’’ 

Pursuant to ECR, the Department of 

Commerce has been publishing 

revisions to the Export Administration 

Regulations, including various revisions 

to the Commerce Control List (CCL). 

Revision of the USML and CCL are 

coordinated so there is uninterrupted 

regulatory coverage for items moving 

from the jurisdiction of the Department 

of State to that of the Department of 

Commerce. 

The following corrections are made to 

the rule, ‘‘Amendment to the 

International Traffic in Arms 

Regulations: United States Munitions 

List Category XI (Military Electronics), 

and Other Changes’’ published in the 

Federal Register of July 1, 2014 (79 FR 

37536), and effective on December 30, 

2014: 

PART 121—[CORRECTED] 

§ 121.1 [Corrected] 

■ 1. On page 37542, in the third column, 

paragraph (a)(3)(vi), ‘‘Revolutions-perMinute’’ is removed and ‘‘revolutions 

per minute’’ is added in its place. 

■ 2. On page 37543, in the first column, 

paragraph (a)(3)(xiii), ‘‘III or IV’’ is 

removed and ‘‘III, IV, or XV’’ is added 

in its place. 

■ 3. On page 37543, in the first column, 

Note to paragraph (a)(3)(xvii), the 

quotations surrounding the phrase 

‘‘Normalized Clutter Attenuation’’ are 

removed. 

■ 4. On page 37543, in the first column, 

paragraph (a)(3)(xviii), ‘‘(EP)’’ is 

removed. 

■ 5. On page 37543, in the third column, 

paragraph (a)(4)(i), ‘‘Electronic Support 

(ES)’’ is removed, and ‘‘ES’’ is added in 

its place. 

■ 6. On page 37544, in the second 

column, Note 1 to paragraph (a), the 


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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77885 

quotations surrounding the phrase ‘‘Low 

Probability of Intercept’’ are removed. 

■ 7. On page 37544, in the third column, 

paragraph (c)(6), a space is added to 

read ‘‘30 dB.’’ 

■ 8. On page 37544, in the third column, 

paragraph (c)(8), a comma is added after 

‘‘e.g.’’ and the single quotation marks 

surrounding the phrase ‘‘specially 

designed’’ are removed. 

■ 9. On page 37545, in the first column, 

paragraph (c)(10)(ii), ‘‘1 second’’ is 

removed, and ‘‘one second’’ is added in 

its place. 

■ 10. On page 37545, in the third 

column, paragraph (d), the term 

‘‘enumerated’’ is removed, and 

‘‘described’’ is added in its place. 

The following correcting amendments 

are made to part 126: 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

■ 11. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42, and 71, Pub. 

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

2780, 2791, and 2797); 22 U.S.C. 2651a; 22 

U.S.C. 287c; E.O. 12918, 59 FR 28205; 3 CFR, 

1994 Comp., p. 899; Sec. 1225, Pub. L. 108– 

375; Sec. 7089, Pub. L. 111–117; Pub. L. 111– 

266; Sections 7045 and 7046, Pub. L. 112–74; 

E.O. 13637, 78 FR 16129. 

§ 126.6 [Amended] 

■ 12. In § 126.6: 

■ a. Paragraph (c)(4) is removed, and the 

paragraphs (c)(5), (6), and (7) are 

redesignated as paragraphs (c)(4), (5), 

and (6). 

■ b. In newly redesignated paragraph 

(c)(5)(ii) the phrase ‘‘Shippers Export 

Declaration’’ is removed and ‘‘Electronic 

Export Information (EEI)’’ is added in its 

place. 

■ c. Paragraph (c)(7)(iv) is removed. 

■ 13. Supplement No. 1 to part 126 is 

revised to read as follows: 

SUPPLEMENT NO. 1 TO PART 126 

[Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. 

An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] 

USML Category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

I–XXI ............................... Classified defense articles and services. See Note 1 ............................... X X X 

I–XXI ............................... Defense articles listed in the Missile Technology Control Regime 

(MTCR) Annex.

X X X 

I–XXI ............................... U.S. origin defense articles and services used for marketing purposes 

and not previously licensed for export in accordance with this subchapter.

.................... X X 

I–XXI ............................... Defense services for or technical data related to defense articles identified in this supplement as excluded from the Canadian exemption.X .................... ....................

I–XXI ............................... Any transaction involving the export of defense articles and services for 

which congressional notification is required in accordance with 

§ 123.15 and § 124.11 of this subchapter. See Note 17.

X .................... ....................

I–XXI ............................... U.S. origin defense articles and services specific to developmental systems that have not obtained written Milestone B approval from the 

U.S. Department of Defense milestone approval authority, unless 

such export is pursuant to a written solicitation or contract issued or 

awarded by the U.S. Department of Defense for an end-use identified 

in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this 

subchapter and is consistent with other exclusions of this supplement.

.................... X X 

I–XXI ............................... Nuclear weapons strategic delivery systems and all components, parts, 

accessories, and attachments specifically designed for such systems 

and associated equipment.

X .................... ....................

I–XXI ............................... Defense articles and services specific to the existence or method of 

compliance with anti-tamper measures, where such measures are 

readily identifiable, made at originating Government direction.

.................... X X 

I–XXI ............................... Defense articles and services specific to reduced observables or 

counter low observables in any part of the spectrum. See Note 2.

.................... X X 

I–XXI ............................... Defense articles and services specific to sensor fusion beyond that required for display or identification correlation. See Note 3..................... X X 

I–XXI ............................... Defense articles and services specific to the automatic target acquisition 

or recognition and cueing of multiple autonomous unmanned systems.

.................... X X 

I–XXI ............................... Nuclear power generating equipment or propulsion equipment (e.g., nuclear reactors), specifically designed for military use and components 

therefor, specifically designed for military use. See also § 123.20 of 

this subchapter.

.................... .................... X 

I–XXI ............................... Libraries (parametric technical databases) specially designed for military 

use with equipment controlled on the USML. See Note 13.

.................... .................... X 

I–XXI ............................... Defense services or technical data specific to applied research as defined in § 125.4(c)(3) of this subchapter, design methodology as defined in § 125.4(c)(4) of this subchapter, engineering analysis as defined in § 125.4(c)(5) of this subchapter, or manufacturing know-how 

as defined in § 125.4(c)(6) of this subchapter. See Note 12.

X .................... ....................

I–XXI ............................... Defense services other than those required to prepare a quote or bid 

proposal in response to a written request from a department or agency of the United States Federal Government or from a Canadian Federal, Provincial, or Territorial Government; or defense services other 

than those required to produce, design, assemble, maintain or service 

a defense article for use by a registered U.S. company, or a U.S. 

Federal Government Program, or for end-use in a Canadian Federal, 

Provincial, or Territorial Government Program. See Note 14.

X .................... ....................

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77886 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1 TO PART 126—Continued 

[Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. 

An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] 

USML Category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

I ....................................... Firearms, close assault weapons, and combat shotguns ......................... X .................... ....................

II(k) .................................. Software source code related to USML Category II(c), II(d), or II(i). See 

Note 4.

.................... X X 

II(k) .................................. Manufacturing know-how related to USML Category II(d). See Note 5 .... X X X 

III ..................................... Ammunition for firearms, close assault weapons, and combat shotguns 

listed in USML Category I.

X .................... ....................

III ..................................... Defense articles and services specific to ammunition and fuse setting 

devices for guns and armament controlled in USML Category II.

.................... .................... X 

III(e) ................................. Manufacturing know-how related to USML Category III(d)(1) or III(d)(2) 

and their specially designed components. See Note 5.

X X X 

III(e) ................................. Software source code related to USML Category III(d)(1) or III(d)(2). 

See Note 4.

.................... X X 

IV ..................................... Defense articles and services specific to man-portable air defense systems (MANPADS). See Note 6.X X X 

IV ..................................... Defense articles and services specific to rockets, designed or modified 

for non-military applications that do not have a range of 300 km (i.e., 

not controlled on the MTCR Annex).

.................... .................... X 

IV ..................................... Defense articles and services specific to torpedoes ................................. .................... X X 

IV ..................................... Defense articles and services specific to anti-personnel landmines. See 

Note 15.

X X X 

IV ..................................... Defense articles and services specific to cluster munitions ...................... X X X 

IV(i) .................................. Software source code related to USML Category IV(a), IV(b), IV(c), or 

IV(g). See Note 4.

.................... X X 

IV(i) .................................. Manufacturing know-how related to USML Category IV(a), IV(b), IV(d), 

or IV(g) and their specially designed components. See Note 5.

X X X 

V ...................................... The following energetic materials and related substances: ...................... .................... .................... X 

a. TATB (triaminotrinitrobenzene) (CAS 3058–38–6);.

b. Explosives controlled in USML Category V(a)(38);.

c. Iron powder (CAS 7439–89–6) with particle size of 3 micrometers or 

less produced by reduction of iron oxide with hydrogen;.

d. BOBBA–8 (bis(2-methylaziridinyl)2-(2-hydroxypropanoxy) propylamino 

phosphine oxide), and other MAPO derivatives;.

e. N-methyl-p-nitroaniline (CAS 100–15–2); or.

f. Trinitrophenylmethylnitramine (tetryl) (CAS 479–45–8).

V(a)(13) ........................... ANF or ANAzF as described in USML Category V(a)(13)(iii) and (iv) ...... .................... .................... X 

V(a)(23) ........................... Difluoraminated derivative of RDX as described in USML Category 

V(a)(23)(iii).

.................... .................... X 

V(c)(7) ............................. Pyrotechnics and pyrophorics specifically formulated for military purposes to enhance or control radiated energy in any part of the IR 

spectrum.

.................... .................... X 

V(d)(3) ............................. Bis-2, 2-dinitropropylnitrate (BDNPN) ........................................................ .................... .................... X 

V(i) ................................... Developmental explosives, propellants, pyrotechnics, fuels, oxidizers, 

binders, additives, or precursors therefor, funded by the Department 

of Defense via contract or other funding authorization in accordance 

with notes 1 to 3 for USML Category V(i). This exclusion does not 

apply if such export is pursuant to a written solicitation or contract 

issued or awarded by the U.S. Department of Defense for an end-use 

identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 

of this subchapter and is consistent with other exclusions of this supplement.

.................... X X 

VI ..................................... Defense articles and services specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, 

marine, airborne or space applications, capable of operating while in 

motion and of producing or maintaining temperatures below 103 K 

(¥170°C).

.................... .................... X 

VI ..................................... Defense articles and services specific to superconductive electrical 

equipment (rotating machinery and transformers) specially designed 

or configured to be installed in a vehicle for military ground, marine, 

airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar 

generators which have single-pole normal metal armatures that rotate 

in a magnetic field produced by superconducting windings, provided 

those windings are the only superconducting component in the generator.

.................... .................... X 

VI ..................................... Defense articles and services specific to naval technology and systems 

relating to acoustic spectrum control and awareness. See Note 10.

.................... X X 

VI(a) ................................ Nuclear powered vessels. .......................................................................... X X X 

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77887 

SUPPLEMENT NO. 1 TO PART 126—Continued 

[Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. 

An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] 

USML Category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

VI(e) ................................ Defense articles and services specific to naval nuclear propulsion equipment. See Note 7.X X X 

VI(g) ................................ Software source code related to USML Category VI(a) or VI(c). See 

Note 4.

.................... X X 

VII .................................... Defense articles and services specific to cryogenic equipment, and specially designed components or accessories therefor, specially designed or configured to be installed in a vehicle for military ground, 

marine, airborne or space applications, capable of operating while in 

motion and of producing or maintaining temperatures below 103 K 

(¥170°C).

.................... .................... X 

VII .................................... Defense articles and services specific to superconductive electrical 

equipment (rotating machinery and transformers) specially designed 

or configured to be installed in a vehicle for military ground, marine, 

airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar 

generators which have single-pole normal metal armatures that rotate 

in a magnetic field produced by superconducting windings, provided 

those windings are the only superconducting component in the generator.

.................... .................... X 

VIII ................................... Defense articles and services specific to cryogenic equipment, and specially designed components and accessories therefor, specially designed or configured to be installed in a vehicle for military ground, 

marine, airborne or space applications, capable of operating while in 

motion and of producing or maintaining temperatures below 103 K 

(¥170°C).

.................... .................... X 

VIII ................................... Defense articles and services specific to superconductive electrical 

equipment (rotating machinery and transformers) specially designed 

or configured to be installed in a vehicle for military ground, marine, 

airborne, or space applications and capable of operating while in motion. This, however, does not include direct current hybrid homopolar 

generators which have single-pole normal metal armatures that rotate 

in a magnetic field produced by superconducting windings, provided 

those windings are the only superconducting component in the generator.

.................... .................... X 

VIII(a) .............................. All USML Category VIII(a) items. ............................................................... X .................... ....................

VIII(f) ............................... Developmental aircraft parts, components, accessories, and attachments identified in USML Category VIII(f).X .................... ....................

VIII(i) ................................ Manufacturing know-how related to USML Category VIII(a) or VIII(e), 

and specially designed parts or components therefor. See Note 5.

X X X 

VIII(i) ................................ Software source code related to USML Category VIII(a) or VIII(e). See 

Note 4.

.................... X X 

IX ..................................... Training or simulation equipment for Man Portable Air Defense Systems 

(MANPADS). See Note 6.

.................... X X 

IX(e) ................................ Software source code related to USML Category IX(a) or IX(b). See 

Note 4.

.................... X X 

IX(e) ................................ Software that is both specifically designed or modified for military use 

and specifically designed or modified for modeling or simulating military operational scenarios.

.................... .................... X 

X(e) ................................. Manufacturing know-how related to USML Category X(a)(1) or X(a)(2), 

and specially designed components therefor. See Note 5.

X X X 

XI(a) XI(c), XI(d) .............. Defense articles and services specific to countermeasures and countercountermeasures See Note 9..................... X X 

XI(a) ................................ High Frequency and Phased Array Microwave Radar systems, with capabilities such as search, acquisition, tracking, moving target indication, and imaging radar systems. See Note 16..................... X ....................

XI(a), XI(c), XI(d) ............. Defense articles and services specific to naval technology and systems 

relating to acoustic spectrum control and awareness. See Note 10.

.................... X X 

XI(a), XI(c), XI(d) ............. Defense articles and services specific to USML Category XI(b) (e.g., 

communications security (COMSEC) and TEMPEST).

.................... X X 

XI(d) ................................ Software source code related to USML Category XI(a). See Note 4 ....... .................... X X 

XI(d) ................................ Manufacturing know-how related to USML Category XI(a)(3) or XI(a)(4), 

and specially designed components therefor. See Note 5.

X X X 

XII .................................... Defense articles and services specific to countermeasures and countercountermeasures. See Note 9..................... X X 

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77888 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

SUPPLEMENT NO. 1 TO PART 126—Continued 

[Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. 

An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] 

USML Category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

XII .................................... Defense articles and services specific to USML Category XII(c) articles, 

except any 1st- and 2nd-generation image intensification tubes and 

1st- and 2nd-generation image intensification night sighting equipment. End-items in USML Category XII(c) and related technical data 

limited to basic operations, maintenance, and training information as 

authorized under the exemption in § 125.4(b)(5) of this subchapter 

may be exported directly to a Canadian Government entity (i.e., federal, provincial, territorial, or municipal) consistent with § 126.5, other 

exclusions, and the provisions of this subchapter.

X .................... ....................

XII .................................... Technical data or defense services for night vision equipment beyond 

basic operations, maintenance, and training data. However, the AS 

and UK Treaty exemptions apply when such export is pursuant to a 

written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), 

or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent 

with other exclusions of this supplement.

X X X 

XII(f) ................................ Manufacturing know-how related to USML Category XII(d) and specially 

designed components therefor. See Note 5.

X X X 

XII(f) ................................ Software source code related to USML Category XII(a), XII(b), XII(c), or 

XII(d). See Note 4.

.................... X X 

XIII(b) .............................. Defense articles and services specific to USML Category XIII(b) (Military 

Information Security Assurance Systems, cryptographic devices, software, and components).

.................... X X 

XIII(d) .............................. Carbon/carbon billets and preforms which are reinforced in three or 

more dimensional planes, specifically designed, developed, modified, 

configured or adapted for defense articles.

.................... .................... X 

XIII(e) .............................. Defense articles and services specific to armored plate manufactured to 

comply with a military standard or specification or suitable for military 

use. See Note 11.

.................... .................... X 

XIII(g) .............................. Defense articles and services related to concealment and deception 

equipment and materials.

.................... .................... X 

XIII(h) .............................. Energy conversion devices other than fuel cells ....................................... .................... .................... X 

XIII(j) ................................ Defense articles and services related to hardware associated with the 

measurement or modification of system signatures for detection of defense articles as described in Note 2.

.................... X X 

XIII(l) ................................ Software source code related to USML Category XIII(a). See Note 4 ..... .................... X X 

XIV .................................. Defense articles and services related to toxicological agents, including 

chemical agents, biological agents, and associated equipment.

.................... X X 

XIV(a), XIV(b), XIV(d), 

XIV(e), XIV(f).

Chemical agents listed in USML Category XIV(a), (d) and (e), biological 

agents and biologically derived substances in USML Category XIV(b), 

and equipment listed in USML Category XIV(f) for dissemination of 

the chemical agents and biological agents listed in USML Category 

XIV(a), (b), (d), and (e).

X .................... ....................

XV(a) ............................... Defense articles and services specific to spacecraft/satellites. However, 

the Canadian exemption may be used for commercial communications satellites that have no other type of payload.

X X X 

XV(b) ............................... Defense articles and services specific to ground control stations for 

spacecraft telemetry, tracking, and control. Defense articles and services are not excluded under this entry if they do not control the spacecraft. Receivers for receiving satellite transmissions are also not excluded under this entry.

.................... X X 

XV(c) ............................... Defense articles and services specific to GPS/PPS security modules ..... .................... X X 

XV(c) ............................... Defense articles controlled in USML Category XV(c) except end-items 

for end-use by the Federal Government of Canada exported directly 

or indirectly through a Canadian-registered person.

X .................... ....................

XV(e) ............................... Anti-jam systems with the ability to respond to incoming interference by 

adaptively reducing antenna gain (nulling) in the direction of the interference.

X .................... ....................

XV(e)(1) ........................... Antennas having any of the following: ....................................................... X 

a. Aperture (overall dimension of the radiating portions of the antenna) 

greater than 30 feet;.

b. All sidelobes less than or equal to -35 dB relative to the peak of the 

main beam; or.

c. Designed, modified, or configured to provide coverage area on the 

surface of the earth less than 200 nautical miles in diameter, where 

‘‘coverage area’’ is defined as that area on the surface of the earth 

that is illuminated by the main beam width of the antenna (which is 

the angular distance between half power points of the beam).

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77889 

SUPPLEMENT NO. 1 TO PART 126—Continued 

[Supplement No. 1*—*An ‘‘X’’ in the chart indicates that the item is excluded from use under the exemption referenced in the top of the column. 

An item excluded in any one row is excluded regardless of whether other rows may contain a description that would include the item.] 

USML Category Exclusion (CA) 

§ 126.5 

(AS) 

§ 126.16 

(UK) 

§ 126.17 

XV(e)(12) ......................... Propulsion systems which permit acceleration of the satellite on-orbit 

(i.e., after mission orbit injection) at rates greater than 0.1 g.

X .................... ....................

XV(e)(10) ......................... Attitude determination and control systems designed to provide spacecraft pointing determination and control or payload pointing system 

control better than 0.02 degrees per axis.

X .................... ....................

XV(e) ............................... All parts, components, accessories, attachments, equipment, or systems 

for USML Category XV(a) items, except when specially designed for 

use in commercial communications satellites.

X .................... ....................

XV(e) ............................... Defense articles and services specific to spacecraft, ground control station systems (only for spacecraft control as controlled in USML Category XV(b)), subsystems, components, parts, accessories, attachments, and associated equipment controlled in Category XV..................... X X 

XV(f) ................................ Technical data and defense services directly related to the other defense articles excluded from the exemptions for USML Category XV.X X X 

XVI .................................. Defense articles and services specific to design and testing of nuclear 

weapons.

X X X 

XVII ................................. Classified articles, and technical data and defense services relating 

thereto, not elsewhere enumerated. See Note 1.

X X X 

XVIII ................................ Defense articles and services specific to directed energy weapon systems..................... X X 

XIX(e), XIX(f)(1), 

XIX(f)(2), XIX(g).

Defense articles and services specific to gas turbine engine hot section 

components and to Full Authority Digital Engine Control Systems 

(FADEC) or Digital Electronic Engine Controls (DEEC). See Note 8.

.................... X X 

XIX(g) .............................. Technical data and defense services for gas turbine engine hot sections. (This does not include hardware). See Note 8.X X X 

XX ................................... Defense articles and services related to submersible vessels, oceanographic, and associated equipment.X X X 

XX ................................... Defense articles and services specific to naval technology and systems 

relating to acoustic spectrum control and awareness. See Note 10.

.................... X X 

XX ................................... Defense articles specific to cryogenic equipment, and specially designed 

components or accessories therefor, specially designed or configured 

to be installed in a vehicle for military ground, marine, airborne or 

space applications, capable of operating while in motion and of producing or maintaining temperatures below 103 K (¥170°C).

.................... .................... X 

XX ................................... Defense articles specific to superconductive electrical equipment (rotating machinery and transformers) specially designed or configured to 

be installed in a vehicle for military ground, marine, airborne, or space 

applications and capable of operating while in motion. This, however, 

does not include direct current hybrid homopolar generators that have 

single-pole normal metal armatures which rotate in a magnetic field 

produced by superconducting windings, provided those windings are 

the only superconducting component in the generator.

.................... .................... X 

XX(a) ............................... Nuclear powered vessels. .......................................................................... X X X 

XX(b) ............................... Defense articles and services specific to naval nuclear propulsion equipment. See Note 7.X X X 

XX(c) ............................... Defense articles and services specific to submarine combat control systems..................... X X 

XX(d) ............................... Software source code related to USML Category XX(a). See Note 4 ...... .................... X X 

XXI .................................. Articles, and technical data and defense services relating thereto, not 

otherwise enumerated on the USML, but placed in this category by 

the Director, Office of Defense Trade Controls Policy.

X X X 

Note 1: Classified defense articles and services are not eligible for export under the Canadian exemptions. U.S. origin articles, technical data, 

and services controlled in USML Category XVII are not eligible for export under the UK Treaty exemption. U.S. origin classified defense articles 

and services are not eligible for export under either the UK or AS Treaty exemptions except when being released pursuant to a U.S. Department 

of Defense written request, directive, or contract that provides for the export of the defense article or service. 

Note 2: The phrase ‘‘any part of the spectrum’’ includes radio frequency (RF), infrared (IR), electro-optical, visual, ultraviolet (UV), acoustic, 

and magnetic. Defense articles related to reduced observables or counter reduced observables are defined as: 

(a) Signature reduction (radio frequency (RF), infrared (IR), Electro-Optical, visual, ultraviolet (UV), acoustic, magnetic, RF emissions) of defense platforms, including systems, subsystems, components, materials (including dual-purpose materials used for Electromagnetic Interference 

(EM) reduction), technologies, and signature prediction, test and measurement equipment and software, and material transmissivity/reflectivity 

prediction codes and optimization software. 

(b) Electronically scanned array radar, high power radars, radar processing algorithms, periscope-mounted radar systems (PATRIOT), LADAR, 

multistatic and IR focal plane array-based sensors, to include systems, subsystems, components, materials, and technologies. 

Note 3: Defense articles and services related to sensor fusion beyond that required for display or identification correlation is defined as techniques designed to automatically combine information from two or more sensors/sources for the purpose of target identification, tracking, designation, or passing of data in support of surveillance or weapons engagement. Sensor fusion involves sensors such as acoustic, infrared, electro 

optical, frequency, etc. Display or identification correlation refers to the combination of target detections from multiple sources for assignment of 

common target track designation. 

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Note 4: Software source code beyond that source code required for basic operation, maintenance, and training for programs, systems, and/or 

subsystems is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or 

awarded by the U.S. Department of Defense for an end-use identified in paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. 

Note 5: Manufacturing know-how, as defined in § 125.4(c)(6) of this subchapter, is not eligible for use of the UK or AS Treaty exemptions, unless such export is pursuant to a written solicitation or contract issued or awarded by the U.S. Department of Defense for an end-use identified in 

paragraph (e)(1), (e)(2), or (e)(4) of § 126.16 or § 126.17 of this subchapter and is consistent with other exclusions of this supplement. 

Note 6: Defense articles and services specific to Man Portable Air Defense Systems (MANPADS) includes missiles that can be used without

modification in other applications. It also includes production and test equipment and components specifically designed or modified for MANPAD 

systems, as well as training equipment specifically designed or modified for MANPAD systems. 

Note 7: Naval nuclear propulsion plants includes all of USML Category VI(e). Naval nuclear propulsion information consists of technical data 

that concern the design, arrangement, development, manufacture, testing, operation, administration, training, maintenance, and repair of the propulsion plants of naval nuclear-powered ships and prototypes, including the associated shipboard and shore-based nuclear support facilities. Examples of defense articles covered by this exclusion include nuclear propulsion plants and nuclear submarine technologies or systems; nuclear 

powered vessels (see USML Categories VI and XX). 

Note 8: A complete gas turbine engine with embedded hot section components or digital engine controls is eligible for export or transfer under 

the Treaties. Technical data, other than those data required for routine external maintenance and operation, related to the hot section is not eligible for export under the Canadian exemption. Technical data, other than those data required for routine external maintenance and operation, related to the hot section or digital engine controls, as well as individual hot section parts or components are not eligible for the Treaty exemption 

whether shipped separately or accompanying a complete engine. Gas turbine engine hot section exempted defense article components and 

technology are combustion chambers and liners; high pressure turbine blades, vanes, disks and related cooled structure; cooled low pressure 

turbine blades, vanes, disks and related cooled structure; cooled augmenters; and cooled nozzles. Examples of gas turbine engine hot section 

developmental technologies are Integrated High Performance Turbine Engine Technology (IHPTET), Versatile, Affordable Advanced Turbine Engine (VAATE), and Ultra-Efficient Engine Technology (UEET), which are also excluded from export under the exemptions. 

Note 9: Examples of countermeasures and counter-countermeasures related to defense articles not exportable under the AS or UK Treaty exemptions are: 

(a) IR countermeasures; 

(b) Classified techniques and capabilities; 

(c) Exports for precision radio frequency location that directly or indirectly supports fire control and is used for situation awareness, target identification, target acquisition, and weapons targeting and Radio Direction Finding (RDF) capabilities. Precision RF location is defined as angle of 

arrival accuracy of less than five degrees (RMS) and RF emitter location of less than ten percent range error; 

(d) Providing the capability to reprogram; and 

(e) Acoustics (including underwater), active and passive countermeasures, and counter-countermeasures 

Note 10: Examples of defense articles covered by this exclusion include underwater acoustic vector sensors; acoustic reduction; off-board, underwater, active and passive sensing, propeller/propulsor technologies; fixed mobile/floating/powered detection systems which include in-buoy 

signal processing for target detection and classification; autonomous underwater vehicles capable of long endurance in ocean environments 

(manned submarines excluded); automated control algorithms embedded in on-board autonomous platforms which enable (a) group behaviors 

for target detection and classification, (b) adaptation to the environment or tactical situation for enhancing target detection and classification; ‘‘intelligent autonomy’’ algorithms that define the status, group (greater than 2) behaviors, and responses to detection stimuli by autonomous, underwater vehicles; and low frequency, broad band ‘‘acoustic color,’’ active acoustic ‘‘fingerprint’’ sensing for the purpose of long range, single pass 

identification of ocean bottom objects, buried or otherwise (controlled under Category USML XI(a)(1), (a)(2), (b), (c), and (d)). 

Note 11: This exclusion does not apply to the platforms (e.g., vehicles) for which the armored plates are applied. For exclusions related to the 

platforms, refer to the other exclusions in this list, particularly for the category in which the platform is controlled. 

The excluded defense articles include constructions of metallic or non-metallic materials or combinations thereof specially designed to provide 

protection for military systems. The phrase ‘‘suitable for military use’’ applies to any articles or materials which have been tested to level IIIA or 

above IAW NIJ standard 0108.01 or comparable national standard. This exclusion does not include military helmets, body armor, or other protective garments which may be exported IAW the terms of the AS or UK Treaty. 

Note 12: Defense services or technical data specific to applied research (§ 125.4(c)(3) of this subchapter), design methodology (§ 125.4(c)(4) 

of this subchapter), engineering analysis (§ 125.4(c)(5) of this subchapter), or manufacturing know-how (§ 125.4(c)(6) of this subchapter) are not 

eligible for export under the Canadian exemptions. However, this exclusion does not include defense services or technical data specific to buildto-print as defined in § 125.4(c)(1) of this subchapter, build/design-to-specification as defined in § 125.4(c)(2) of this subchapter, or basic research 

as defined in § 125.4(c)(3) of this subchapter, or maintenance (i.e., inspection, testing, calibration or repair, including overhaul, reconditioning and 

one-to-one replacement of any defective items parts or components, but excluding any modification, enhancement, upgrade or other form of alteration or improvement that changes the basic performance of the item) of non-excluded defense articles which may be exported subject to 

other exclusions or terms of the Canadian exemptions. 

Note 13: The term ‘‘libraries’’ (parametric technical databases) means a collection of technical information of a military nature, reference to 

which may enhance the performance of military equipment or systems. 

Note 14: In order to utilize the authorized defense services under the Canadian exemption, the following must be complied with: 

(a) The Canadian contractor and subcontractor must certify, in writing, to the U.S. exporter that the technical data and defense services being 

exported will be used only for an activity identified in Supplement No. 1 to part 126 of this subchapter and in accordance with § 126.5 of this subchapter; and 

(b) A written arrangement between the U.S. exporter and the Canadian recipient must: 

(1) Limit delivery of the defense articles being produced directly to an identified manufacturer in the United States registered in accordance 

with part 122 of this subchapter; a department or agency of the United States Federal Government; a Canadian-registered person authorized in 

writing to manufacture defense articles by and for the Government of Canada; a Canadian Federal, Provincial, or Territorial Government; 

(2) Prohibit the disclosure of the technical data to any other contractor or subcontractor who is not a Canadian-registered person; 

(3) Provide that any subcontract contain all the limitations of § 126.5 of this subchapter; 

(4) Require that the Canadian contractor, including subcontractors, destroy or return to the U.S. exporter in the United States all of the technical data exported pursuant to the contract or purchase order upon fulfillment of the contract, unless for use by a Canadian or United States 

Government entity that requires in writing the technical data be maintained. The U.S. exporter must be provided written certification that the technical data is being retained or destroyed; and 

(5) Include a clause requiring that all documentation created from U.S. origin technical data contain the statement that, ‘‘This document contains technical data, the use of which is restricted by the U.S. Arms Export Control Act. This data has been provided in accordance with, and is 

subject to, the limitations specified in § 126.5 of the International Traffic in Arms Regulations (ITAR). By accepting this data, the consignee 

agrees to honor the requirements of the ITAR.’’ 

(c) The U.S. exporter must provide the Directorate of Defense Trade Controls a semi-annual report regarding all of their on-going activities authorized under § 126.5 of this subchapter. The report shall include the article(s) being produced; the end-user(s); the end-item into which the 

product is to be incorporated; the intended end-use of the product; and the names and addresses of all the Canadian contractors and subcontractors. 

Note 15: This exclusion does not apply to demining equipment in support of the clearance of landmines and unexploded ordnance for humanitarian purposes. 

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77891 

As used in this exclusion, ‘‘anti-personnel landmine’’ means any mine placed under, on, or near the ground or other surface area, or delivered 

by artillery, rocket, mortar, or similar means or dropped from an aircraft and which is designed to be detonated or exploded by the presence, 

proximity, or contact of a person; any device or material which is designed, constructed, or adapted to kill or injure and which functions unexpectedly when a person disturbs or approaches an apparently harmless object or performs an apparently safe act; any manually-emplaced munition 

or device designed to kill, injure, or damage and which is actuated by remote control or automatically after a lapse of time. 

Note 16: The radar systems described are controlled in USML Category XI(a)(3)(i) through (v). As used in this entry, the term ‘‘systems’’ includes equipment, devices, software, assemblies, modules, components, practices, processes, methods, approaches, schema, frameworks, and 

models. 

Note 17: This exclusion does not apply to the export of defense articles previously notified to Congress pursuant to § 123.15 or § 124.11 of 

this subchapter. For use of the Australian and UK exemptions for congressional notification, see § 126.16(o) and § 126.17(o). 

Rose E. Gottemoeller, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2014–30232 Filed 12–24–14; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2010–0573; FRL–9915–60] 

RIN 2070–AJ73 

Benzidine-Based Chemical 

Substances; Di-n-pentyl Phthalate 

(DnPP); and Alkanes, C12-13, Chloro; 

Significant New Use Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Under the Toxic Substances 

Control Act (TSCA), EPA is 

promulgating a significant new use rule 

(SNUR) to add nine benzidine-based 

chemical substances to the existing 

SNUR on benzidine-based chemical 

substances. With respect to both the 

newly-added benzidine-based chemical 

substances and the previously-listed 

benzidine-based chemical substances, 

this rule makes inapplicable the 

exemption relating to persons that 

import or process substances as part of 

an article. EPA is also promulgating a 

SNUR for di-n-pentyl phthalate (DnPP) 

and a SNUR for alkanes, C12-13, chloro. 

These actions require persons who 

intend to manufacture (defined by 

statute to include import) or process 

these chemical substances for an 

activity that is designated as a 

significant new use to notify EPA at 

least 90 days before commencing such 

manufacture or processing. The required 

notifications will provide EPA with the 

opportunity to evaluate activities 

associated with a significant new use 

and, if necessary based on the 

information available at that time, an 

opportunity to protect against potential 

unreasonable risks, if any, from that 

activity before it occurs. EPA is also 

making a technical amendment to the 

codified list of control numbers for 

approved information collection 

activities so that it includes the control 

number assigned by the Office of 

Management and Budget (OMB) to the 

information collection activities 

contained in this rule. 

DATES: This final rule is effective 

February 27, 2015. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2010–0573, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), EPA 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Please review the visitor 

instructions and additional information 

about the docket available at http://

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Sara Kemme, National Program 

Chemicals Division (7404T), Office of 

Pollution Prevention and Toxics, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(202) 566–0511; email address: 

kemme.sara@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

These three different SNURs may 

apply to different entities. The North 

American Industrial Classification 

System (NAICS) codes have been 

provided to assist you and others in 

determining whether this action might 

apply to certain entities. 

1. Benzidine-based chemical 

substances. You may be potentially 

affected by this action if you 

manufacture (defined by statute to 

include import), or process, including as 

part of an article, any of the benzidinebased chemical substances listed in 

Tables 1 and 2 of the regulatory text in 

this document. Potentially affected 

entities may include, but are not limited 

to: 

• Manufacturers or processors of one 

or more of the subject chemical 

substances. 

• Entities which plan to use the listed 

chemical substances in conjunction 

with apparel and other finished 

products made from fabrics, leather, and 

similar materials. 

• Entities which plan to use the listed 

chemical substances in conjunction 

with paper and allied products. 

• Manufacturers or processors of the 

subject chemical substances in printing 

inks. These entities may include those 

described by the NAICS codes 325— 

chemical manufacturing, 31—textile 

manufacturers, 316—leather and allied 

products manufacturers, 322—paper 

manufacturers, 4243 apparel, piece 

goods, and notions wholesalers, or 

443—clothing and accessories stores. 

2. DnPP. You may be potentially 

affected by this action if you 

manufacture (defined by statute to 

include import), or process DnPP. 

Potentially affected entities may 

include, but are not limited to: Chemical 

industry—plastic material and resins 

(NAICS code 325211). 

3. Alkanes, C12-13, chloro (CAS No. 

71011–12–6). You may be potentially 

affected by this action if you 

manufacture or process the following 

short-chained chlorinated paraffin 

(SCCP): Alkanes, C12-13, chloro (CAS No. 

71011–12–6). Potentially affected 

entities may include, but are not limited 

to: Manufacturers of SCCPs (NAICS 

codes 325 and 325998), chemical 

manufacturing; including miscellaneous 

chemical product and preparation 

manufacturing; and processors of SCCPs 

(NAICS codes 324 and 324191), 

petroleum lubricating oil and grease 

manufacturing. 

This action may also affect certain 

entities through pre-existing import 

certification and export notification 

rules under TSCA. Persons who import 

any chemical substance governed by a 

final SNUR are subject to the TSCA 

section 13 (15 U.S.C. 2612) import 

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