44216 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

(Lat. 33°59′42′′ N, long. 80°21′41′′ W) 

That airspace extending upward from 700 

feet above the surface within a 10-mile radius 

of Shaw AFB and within a 6.8-mile radius of 

Mc Entire JNGB and within 3 miles each side 

of Mc Entire JNGB TACAN 138° radial, 

extending from the 6.8-mile radius to 12 

miles southeast of the TACAN and within a 

7-mile radius of Sumter Airport; excluding 

that airspace contained within Restricted 

Area R–6002 when it is in use. 

Issued in College Park, Georgia, on August 

22, 2018. 

Ryan W. Almasy, 

Manager, Operations Support Group, Eastern 

Service Center, Air Traffic Organization. 

[FR Doc. 2018–18765 Filed 8–29–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 170906871–7871–01] 

RIN 0694–AH46 

Revisions to the Export Administration 

Regulations Based on the 2017 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 2017 

Plenary in Dublin, Ireland, and the May 

2017 Technical Experts Meeting (TEM) 

in Stockholm, Sweden. This final rule 

revises seventeen Export Control 

Classification Numbers (ECCNs) to 

implement the changes that were agreed 

to at the meetings and to better align the 

missile technology (MT) controls on the 

Commerce Control List (CCL) with the 

MTCR Annex. 

DATES: This rule is effective August 30, 

2018. 

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 Missile Technology Control 

Regime (MTCR or Regime) is an export 

control arrangement among 35 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 1993, 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 address 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 Regime’s 

Guidelines are implemented through the 

national export control laws, regulations 

and policies of the regime members. 

Amendments to the Export 

Administration Regulations (EAR) 

This final rule revises the Export 

Administration Regulations (EAR) to 

reflect changes to the MTCR Annex 

agreed to at the October 2017 Plenary in 

Dublin, Ireland, and changes resulting 

from the May 2017 Technical Experts 

Meeting (TEM) in Stockholm, Sweden. 

References are provided below for the 

MTCR Annex changes agreed to at the 

meetings that correspond to the EAR 

revisions described below. This rule 

also makes changes to the Commerce 

Control List (CCL) (Supplement No. 1 to 

part 774 of the EAR) to conform with 

the MTCR Annex. All of the changes in 

this final rule align the MT controls on 

the CCL with the MTCR Annex. In the 

discussion below, BIS identifies the 

origin of each change in the regulatory 

text of this final rule by using one the 

following parenthetical phrases: (Dublin 

2017 Plenary), (Stockholm 2017 TEM), 

or (Changes to Align with MTCR 

Annex). 

Amendments to the Commerce Control 

List (CCL) 

This final rule amends the CCL to 

reflect changes to the MTCR Annex by 

amending seventeen ECCNs, as follows: 

ECCN 1B117. This final rule amends 

ECCN 1B117 by revising the heading to 

remove the criteria for which ‘‘batch 

mixers’’ are controlled under this entry 

and moves the criteria to the new 

‘‘items’’ paragraphs a and b in the List 

of Items Controlled section. This final 

rule, as a conforming change, 

redesignates existing ‘‘items’’ 

paragraphs a and b as paragraphs c and 

d (including redesignating the Note to 

paragraph b as Note to paragraph d), 

respectively, so that all criteria that 

identify ‘‘batch mixers’’ that are 

controlled under ECCN 1B117 are in the 

List of Items Controlled section. These 

changes involving the rearranging of the 

existing text are being made for clarity 

and consistency within the MTCR 

Annex (MTCR Annex Change, Category 

II: Item 4.B.3., Dublin 2017 Plenary). 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

ECCN 1B118. This final rule amends 

ECCN 1B118 by revising the heading to 

remove the criteria for which 

‘‘continuous mixers’’ are controlled 

under 1B118 and adds those criteria to 

the ‘‘items’’ paragraph in the List of 

Items Controlled section. This final rule 

revises ‘‘items’’ paragraphs a and b to 

include the control criteria that identify 

certain ‘‘continuous mixers’’ that are 

controlled under ECCN 1B118. This 

final rule, as a conforming change, also 

redesignates existing ‘‘items’’ paragraph 

b as paragraph c, which includes criteria 

that identify other ‘‘continuous mixers’’ 

that are controlled under ECCN 1B118. 

The changes to paragraph b, which this 

rule redesignates as ‘‘items’’ paragraph 

c.2, include making minor edits for 

clarity of the control parameters to more 

clearly identify the shafts controlled 

(MTCR Annex Change, Category II: Item 

4.B.3.a., Dublin 2017 Plenary). These 

changes involving the rearranging of the 

existing text are being made for clarity 

and consistency within the MTCR 

Annex. These changes are not expected 

to have any impact on the number of 

license applications received by BIS. 

ECCN 1C111. This final rule amends 

ECCN 1C111 by revising ‘‘items’’ 

paragraph a.1 in the List of Items 

Controlled section. In ‘‘items’’ 

paragraph a.1, this final rule removes 

the word ‘‘percent’’ and adds in its 

place the ‘‘%’’ sign in the phrase ‘‘if at 

least 10 percent of the total weight.’’ 

This change is being made for 

consistency with the MTCR Annex 

(Changes to Align with MTCR Annex). 

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. 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44217 

ECCN 1C118. This final rule amends 

ECCN 1C118 by revising ‘‘items’’ 

paragraphs a.1, a.2, and a.3 in the List 

of Items Controlled section. In ‘‘items’’ 

paragraphs a.1 and a.2, this final rule 

removes the phrase ‘‘weight percent’’ 

and adds in its place the phrase ‘‘% by 

weight.’’ In ‘‘items’’ paragraph a.3, this 

final rule removes the phrase ‘‘percent 

is austenite’’ and adds in its place the 

‘‘%’’ sign and for clarity moves the 

phrase ‘‘is austenite’’ to the end of the 

paragraph. These changes involving the 

rearranging of the existing text are being 

made for clarity and consistency with 

the MTCR Annex (MTCR Annex 

Change, Category II: Item 6.C.9., Dublin 

2017 Plenary). This is a clarification and 

will not change any scope of control. 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

ECCN 2B109. This final rule amends 

ECCN 2B109 by revising the heading, 

revising ‘‘items’’ paragraphs a and b in 

the List of Items Controlled section, and 

removing Technical Note 2 in the List 

of Items Controlled section. This final 

rule revises the introductory text of 

‘‘items’’ paragraph a to incorporate the 

text from Technical Note 2 into the 

paragraph, creating positive and specific 

control text to identify the types of 

‘‘flow-forming machines’’ that are 

controlled under ECCN 2B109. Only 

‘‘flow-forming machines’’ that are 

usable in the ‘‘production’’ of 

propulsion components and equipment 

(e.g., motor cases and interstages) for 

‘‘missiles’’ will be controlled under 

ECCN 2B109. This rule includes a 

parenthetical phrase to provide two 

examples of the types of propulsion 

components and equipment being 

referenced in ECCN 2B109.a. This final 

rule also revises ‘‘items’’ paragraphs a.1 

and a.2 to make minor clarifications in 

the control parameters. This final rule 

revises ‘‘items’’ paragraph a.1 to add the 

phrase ‘‘equipped with or’’ according to 

the manufacturer’s technical 

specification, and removes the phrase 

‘‘can be’’ and adds in its places the 

phrase ‘‘capable of being’’ equipped. 

This final rule removes the word ‘‘have’’ 

from the beginning of ‘‘items’’ paragraph 

a.2 because the introductory text of 

paragraph a already includes this word, 

so it is redundant in a.2. The final rule 

removes Technical Note 2 because the 

substance of this technical note is added 

to ‘‘items’’ paragraph a, which means 

the technical note is no longer needed. 

This final rule rewords the substance of 

Technical Note 2 added to the 

introductory text of ‘‘items’’ paragraph a 

for clarity and to remove the double 

negative (MTCR Annex Change, 

Category II: Item 3.B.3., Dublin 2017 

Plenary). 

In ECCN 2B109, this final rule revises 

the heading by removing the phrase 

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

‘‘components’’ therefor.’’ As a 

conforming change this final rule 

revises ‘‘items’’ paragraph b to add 

‘‘parts’’ to the scope of this paragraph. 

These changes to the heading and 

‘‘items’’ paragraph b do not change the 

scope of the ECCN, but rather clarify the 

intended scope of ECCN 2B109. This 

final rule corrects ‘‘items’’ paragraph b, 

so that an MT control on ‘‘parts’’ and 

‘‘components’’ applies only to 2B009 

machines that are controlled for MT 

reasons. The control text in the heading 

referring to ‘‘parts’’ and ‘‘components’’ 

is not needed, provided conforming 

edits were made to add ‘‘parts’’ to the 

scope of ‘‘items’’ paragraph b, which 

controlled ‘‘components’’ prior to 

publication of this final rule. This final 

rule also revises the heading to add the 

phrase ‘‘as follows (see List of Items 

Controlled)’’ to reflect that this ECCN 

includes an ‘‘items’’ paragraph (Changes 

to Align with MTCR Annex). These 

changes are not expected to have any 

impact on the number of license 

applications received by BIS. 

ECCN 2B120. This final rule amends 

the heading of ECCN 2B120 by revising 

‘‘items’’ paragraph a in the List of Items 

Controlled section to move the phrase 

‘‘or more’’ to precede the term ‘‘axes.’’ 

The phrase ‘‘two or more axes’’ is 

clearer and more consistent within the 

MTCR Annex. The motion simulators 

and rate tables controlled under ‘‘items’’ 

paragraph a are those with two or more 

axes (MTCR Annex Change, Category I: 

Item 9.B.2.c, Dublin 2017 Plenary). 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

ECCN 2B121. Similar to the change 

described above to ECCN 2B120, this 

final rule amends ECCN 2B121 by 

revising ‘‘items’’ paragraph a in the List 

of Items Controlled section to move the 

phrase ‘‘or more’’ to precede the term 

‘‘axes.’’ The phrase ‘‘two or more axes’’ 

is clearer and more consistent within 

the MTCR Annex. The positioning 

tables controlled under ‘‘items’’ 

paragraph a are those with two or more 

axes (MTCR Annex Change, Category II: 

Item 9.B.2.d., Dublin 2017 Plenary). 

These changes are not expected to have 

any impact on the number of license 

applications received by BIS. 

ECCN 2B122. This final rule amends 

ECCN 2B122 by revising the heading to 

remove the word ‘‘above’’ and add in its 

place the phrase ‘‘greater than’’ to 

clarify that centrifuges capable of 

imparting accelerations ‘‘greater than’’ 

100 g are those that meet this portion of 

the control parameter. The word 

‘‘above’’ also conveys the same 

meaning, but the phrase ‘‘greater than’’ 

is clearer and more consistent within 

the MTCR Annex (MTCR Annex 

Change, Category II: Item 9.B.2.e., 

Dublin 2017 Plenary). These changes are 

not expected to have any impact on the 

number of license applications received 

by BIS. 

ECCN 6A107. This final rule amends 

ECCN 6A107 by adding a definition of 

’Time to steady-state registration’ to the 

Related Definitions paragraph in the List 

of Items Controlled section. As a 

conforming change, this final rule also 

revises the ‘‘items’’ paragraph a.2 in the 

List of Items Controlled section of ECCN 

6A107 to add single quotation marks 

around the term ’time to steady-state 

registration’ to indicate the term is 

defined for purposes of this ECCN under 

the Related Definitions paragraph 

(MTCR Annex Change, Category II: Item 

12.A.3.a.2. Technical Note, Stockholm 

2017 TEM). These changes are not 

expected to have any impact on the 

number of license applications received 

by BIS. 

ECCN 7A105. This final rule amends 

ECCN 7A105 by revising the heading 

and the Related Definitions paragraph. 

This final rule revises the heading of 

ECCN 7A105 to remove the phrase 

‘‘Global Navigation Satellite Systems 

(GNSS),’’ including the parenthetical 

phrase with examples of GNSS, and 

adds in its place the term ’navigation 

satellite systems.’ This final rule 

amends ECCN 7A105 by adding a 

definition of ’Navigation satellite 

systems’ to the Related Definitions 

paragraph in the List of Items Controlled 

section to define this term for purposes 

of this ECCN. The new definition of 

’navigation satellite systems’ specifies 

that these systems include global 

navigation satellite systems (GNSS) and 

regional navigation satellite systems 

(RNSS) and provides an illustrative list 

of such (GNSS, RNSS) systems (MTCR 

Annex Change, Category II: Item 11.A.3., 

Stockholm 2017 TEM and Dublin 2017 

Plenary). These changes to ECCN 7A105 

are being made in this final rule because 

the MTCR Annex entry that addresses 

receiving equipment for navigation 

satellite systems has been expanded to 

include regional navigation satellite 

systems, as well as listing the Chinese 

system ‘‘BeiDou’’ in the examples of 

GNSS. To accomplish this, as described 

above, this final rule in ECCN 7A105 

adds a local definition of ’navigation 

satellite systems,’ with expanded 

examples, to the Related Definitions 

paragraph in the List of Items 

Controlled. ECCN 7A105 does not 


amozie on DSK3GDR082PROD with RULES
44218 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

encompass all of the commodities 

specified under the MTCR Annex, 

Category II, Item 11.A.3 entry, because 

some of those commodities are ‘‘subject 

to the ITAR.’’ The existing Related 

Controls paragraph (2) in ECCN 7A105, 

as well as the Commerce Control List 

Order of Review in Supplement No. 4 to 

part 774 of the EAR already provides 

guidance on this, so no additional 

changes are needed in this rule to 

address that issue. This change is 

expected to result in an increase of one 

or fewer applications received annually 

by BIS, because of the generally low 

number of such items exported. 

ECCN 7A107. This final rule amends 

ECCN 7A107 by revising ‘‘items’’ 

paragraph b in the List of Items 

Controlled section by removing the 

phrase ‘‘capable of providing’’ at the 

beginning of the paragraph. The phrase 

is not needed in order to convey the 

meaning of the control parameter and 

removing the phrase makes the control 

parameter text more precise. This 

change is made to conform to this 

MTCR Annex change. ECCN 7A107.a 

already reflects changes made in the 

MTCR Annex, and therefore, that 

‘‘items’’ paragraph a did not need to be 

amended in this final rule (MTCR 

Annex Change, Category II: Item 9.A.8., 

Dublin 2017 Plenary). 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. 

ECCN 7A116. This final rule amends 

ECCN 7A116 by revising the heading; 

and adding a License Requirements 

section, License Exceptions section and 

List of Items Controlled section (MTCR 

Annex Change, Category II: Item 10.A., 

Notes, Dublin 2017 Plenary; and 

Changes to Align with MTCR Annex). 

This final rule, in order to fully reflect 

the commodities specified in the MTCR 

Annex, Category II: Item 10.A., revises 

ECCN 7A116 to control items that are 

not ‘‘subject to the ITAR,’’ but that 

would otherwise meet the description of 

items in the MTCR Annex, Category II: 

Item 10.A and the new control 

parameters this final rule adds to ECCN 

7A116. 

This final rule does this by revising 

the heading, which includes removing 

the parenthetical phrase that stated that 

all items in the heading were ‘‘subject 

to the ITAR.’’ As a conforming change, 

this final rule adds a Related Controls 

paragraph (2) to alert people to see 

United States Munitions List (USML) 

Category IV for items ‘‘specially 

designed’’ for use in rockets or missiles 

that are ‘‘subject to the ITAR.’’ This final 

rule also adds a Related Controls 

paragraph (1) to direct people to also see 

ECCNs 9A610.r and .s for items 

designated or modified for military 

UAVs. This final rule adds a license 

requirement for MT 1 and AT 1 for these 

commodities that this rule controls 

under ECCN 7A116. 

This final rule adds ‘‘items’’ 

paragraphs a, b, and c to specify the 

commodities controlled under ECCN 

7A116. This final rule, as described 

below in the changes this final rule 

makes to ECCN 9A012, removes the 

control parameters in ‘‘items’’ paragraph 

9A012.b.5 and adds (moves) those to 

ECCN 7A116. These changes are 

appropriate because there are no similar 

controls in the Wassenaar Arrangement 

for these commodities that are specified 

on the MTCR Annex, and under the 

Commerce Control List Order of Review 

these items will be appropriately 

controlled under ECCN 7A116. The 

commodities this rule moves from 

9A012.b.5 will no longer be controlled 

for national security (NS) reasons, but 

the commodities will be MT controlled. 

This final rule also adds a note at the 

end of the ‘‘items’’ paragraph in the List 

of Items Controlled section of ECCN 

7A116 to specify that systems, 

equipment and valves designed or 

modified to enable operation of manned 

aircraft as unmanned aerial vehicles are 

included within the scope of this ECCN. 

These changes are not expected to 

have any impact on the number of 

license applications received by BIS, 

because this equipment is not widely 

used or exported. 

ECCN 9A012. This final rule amends 

ECCN 9A012 by revising the ‘‘MT’’ 

paragraph in the table in the License 

Requirements section and removing the 

‘‘items’’ paragraph b.5 in the List of 

Items Controlled section. This final rule 

revises the MT controls paragraph to 

remove the term ‘‘Air’’ and add in its 

place ‘‘Aerial’’ in the term ‘‘Unmanned 

Aerial Vehicles (UAVs).’’ This change is 

made to conform to the MTCR Annex 

and other references in the EAR to 

UAVs. As a conforming change for the 

movement of commodities classified in 

9A012.b.5, as described above for the 

changes this final rule makes to ECCN 

7A116, this final rule revises the MT 

controls paragraph in ECCN 9A012 to 

remove the reference to ‘‘9A012.b’’ and 

add a reference in its place to ECCN 

9A120. This final rule also revises the 

reasons for control in ECCN 9A012 to 

close a potential gap in the MT controls. 

If a UAV meets the requirements of 

ECCN 9A120, it would be controlled for 

MT reasons. However, as the text was 

written prior to publication of this final 

rule, if such a UAV met the 

requirements of 9A012.a, but did not 

have the range of 300 km, it would be 

controlled by 9A012.a and the MT 

control would no longer apply. 

For the reasons discussed above 

regarding the changes to ECCN 7A116, 

this final rule makes a conforming 

change to remove ‘‘items’’ paragraph b.5 

from the List of Items Controlled 

because these commodities will be 

controlled under ECCN 7A116 (MTCR 

Annex Change, Category II: Item 10.A., 

Notes, Dublin 2017 Plenary). These 

changes are expected to result in an 

increase of 1 or fewer applications 

received annually by BIS, because these 

are clarifying changes and reflects the 

current interpretation for where these 

commodities should be controlled 

under the EAR. 

ECCN 9A101. This final rule amends 

ECCN 9A101 by revising the Related 

Definitions paragraph, revising ‘‘items’’ 

paragraph a, adding new ‘‘items’’ 

paragraphs a.3 and a.4, and revising 

‘‘items’’ paragraph b in the List of Items 

Controlled section. These changes are 

being made to this entry to limit the 

control to those engines that are most 

likely to be used on MTCR controlled 

cruise missiles and unmanned aerial 

vehicles, and to remove controls from 

larger engines that are unlikely to be 

used on such systems. While larger civil 

certified engines were already excluded 

from control under ECCN 9A101, they 

were still controlled under ECCN 9A101 

prior to completing the civil 

certification process (MTCR Annex 

Change, Category II: Item 3.A.1.a., 

Stockholm 2017 TEM). 

This final rule revises the Related 

Definitions paragraph by removing the 

definition of ’maximum thrust value’ 

and adding this definition as part of 

three new Technical Notes this final 

rule adds to ‘‘items’’ paragraph a in the 

List of Items Controlled section of ECCN 

9A101. This final rule adds the 

definition of ’maximum thrust value’ as 

Technical Note 1 and adds the phrase 

‘‘at sea level static conditions using 

ICAO standard atmosphere’’ to the 

technical note to add greater specificity 

on the conditions under which the 

measurement needs to be taken for 

purposes of ECCN 9A101. This final 

rule also adds two new technical notes 

to ‘‘items’’ paragraph a; one for ’dry 

weight’ (Technical Note 2) and a second 

for ’first-stage rotor diameter’ (Technical 

Note 3). The definition of ’dry weight’ 

in Technical Note 2 provides the criteria 

for what needs to be included in the 

measurement and specifies that the 

measurement should not include the 

nacelle (housing). The definition of 

’first-stage rotor diameter’ in Technical 

Note 3, will provide guidance on how 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44219 

to measure the diameter of the first 

rotating stage of the engine. 

The final rule revises the introductory 

text of ‘‘items’’ paragraph a to remove 

the word ‘‘both’’ and add in its place the 

word ‘‘all.’’ This is a conforming change 

because this rule adds new ‘‘items’’ 

paragraphs a.3 and a.4, and in order to 

be controlled under ECCN 9A101.a, the 

engine needs to meet all of the criteria 

in paragraphs a.1 to a.4. This final rule 

adds new ‘‘items’’ paragraphs a.3 and 

a.4, to include the criterion of ’dry 

weight’ less than 750 kg as part of the 

criteria that need to be met for an engine 

to be controlled under ECCN 9A101.a. 

This final rule also adds a new ‘‘items’’ 

paragraph a.4 to include the criterion of 

the ‘‘‘first-stage rotor diameter’ less than 

1 m’’ as part of the criteria that need to 

be met for an engine to be controlled 

under ECCN 9A101.a. This final rule 

also revises ‘‘items’’ paragraph b, which 

functions as a catch-all for purposes of 

this ECCN for engines designed or 

modified for use in ‘‘missiles’’ or UAVs 

with a range equal to or greater than 300 

km, to specify paragraph b is not limited 

by the ’dry weight’ or the ’first-stage 

rotor diameter’ of the engine. This final 

rule also revises paragraph b to add the 

phrase ‘‘or UAVs with a range equal to 

or greater than 300 km’’ after the term 

‘‘missiles.’’ The change to add the 

phrase ‘‘UAVs with a range equal to or 

greater than 300 km’’ is being made for 

consistency with the MTCR Annex 

(Changes to Align with MTCR Annex). 

These changes are expected to result 

in a decrease of no more than 1 to 3 

applications received annually by BIS. 

ECCN 9A115. This final rule amends 

ECCN 9A115 by revising the heading; 

and adding a License Requirements 

section, License Exceptions section and 

List of Items Controlled section 

(Changes to Align with MTCR Annex). 

This final rule also revises the heading 

of ECCN 9A115 by removing the 

parenthetical phrase at the end of the 

heading that references items controlled 

in ECCN 9A610 and others that are 

‘‘subject to the ITAR.’’ The parenthetical 

phrase was added to ECCN 9A115 in a 

November 21, 2016 final rule (81 FR 

83124). This final rule retains this cross 

reference between the USML and the 

CCL, but moves the substance of this 

text from the heading of ECCN 9A115 to 

the new Related Controls paragraph 

added by this rule to the License 

Requirements section of 9A115. The 

other changes this final rule makes to 

ECCN 9A115 are needed because some 

of the commodities described in the 

heading of ECCN 9A115 are neither 

‘‘subject to the ITAR’’ nor controlled in 

ECCN 9A610.u, but would otherwise 

meet the control parameters in the 

heading of ECCN 9A115. Consistent 

with the CCL Order of Review (See 

Supplement 4 to part 774), and to align 

with the MTCR Annex, this rule makes 

it clear that such commodities are 

controlled under 9A115. These changes 

are expected to result in an increase of 

1 or fewer applications received 

annually by BIS, due to the low volume 

of such items exported. 

ECCN 9A515. This final rule amends 

ECCN 9A515 by adding a new ‘‘items’’ 

paragraph h to control spacecraft 

thrusters for MT reasons. This final rule 

also revises the ‘‘MT’’ paragraph in the 

table in the License Requirements 

section to specify that the MT control 

applies to spacecraft thrusters 

controlled in 9A515.h when the total 

impulse capacity is equal to or greater 

than 8.41x10∧5. These changes are 

needed to clarify which of the satellite 

thrusters are subject to the EAR. On 

January 10, 2017, Commerce published 

a final rule (82 FR 2875) that moved 

these thrusters from the USML to the 

CCL, and the Department of State 

published a corresponding rule (82 FR 

2889) removing the thrusters from the 

ITAR. As a consequence of those rules, 

the public sought clarification from BIS 

on what items were actually ‘‘subject to 

the EAR.’’ 

Consistent with the Commerce 

January 10, 2017 final rule, the 

Department of State has informed 

Commerce that it intends to clarify that 

the existing USML IV(d) paragraph does 

not control spacecraft thrusters, and that 

such thrusters are ‘‘subject to the EAR.’’ 

Commerce agrees with the Department 

of State that adding a note to the USML 

clarifying these controls will assist 

exporters in better determining the 

control jurisdiction of the spacecraft 

thrusters that were moved from the 

USML to the CCL in the January 10, 

2017 final rule. 

The questions raised by the public 

and discussions between the 

Department of Commerce and State, 

including the discussions regarding the 

spacecraft thruster controls, identified a 

need to add an MT control to the 

spacecraft thrusters to align with the 

MTCR Annex. Following the USML 

Order of Review and CCL Order of 

Review, these spacecraft thrusters were, 

prior to publication of this final rule, 

controlled under ‘‘items’’ paragraph x of 

ECCN 9A515. Because ‘‘items’’ 

paragraph x is not MT controlled, this 

final rule adds a separate ‘‘items’’ 

paragraph h to ECCN 9A515 to allow for 

the imposition of an MT control on 

these spacecraft thrusters to align with 

the MTCR Annex (Changes to Align 

with MTCR Annex). Finally, as a 

conforming change consistent with the 

addition of ‘‘items’’ paragraph h, this 

final rule reserves ‘‘items’’ paragraphs i 

through w. These changes are expected 

to result in an annual increase of twelve 

license applications received by BIS. 

ECCN 9A610. This final rule amends 

ECCN 9A610 by making revisions to the 

‘‘items’’ paragraph (MTCR Annex 

Change, Category II: Item 10.A., Notes, 

Dublin 2017 Plenary). This final rule 

redesignates ‘‘items’’ paragraph w as 

‘‘items’’ paragraph w.1 and creates new 

‘‘items’’ paragraph w.2 in ECCN 9A610, 

including redesignating Note to 

paragraph w, as Note to paragraph w.1. 

In addition to this redesignation, this 

final rule removes the term ‘‘drones’’ 

from ‘‘items’’ paragraph w.1 and the 

Note to paragraph w.1 because the 

MTCR Annex does not use the term 

‘‘drones,’’ other than stating that drones 

are a type of UAV, and therefore the 

term does not need to be included in 

‘‘items’’ paragraph w.1 or in the Note. 

This final rule for the same reason also 

removes the term ‘‘drones’’ from 

‘‘items’’ paragraphs u and v, including 

in the Note to paragraph u and Note to 

paragraph v (Changes to Align with 

MTCR Annex). This final rule also adds 

a new ‘‘items’’ paragraph w.2, to control 

for MT reasons, flight control servo 

valves designed or modified for the 

systems in 9A610.w.1, and the 

additional criteria this final rule 

includes in new ‘‘items’’ paragraph w.2. 

This final rule makes these changes in 

ECCN 9A610 in order to accommodate 

the new ‘‘items’’ paragraph w.2, which 

corresponds to MTCR Annex, Category 

II, Item 10.A.3, but had not previously 

been listed on the CCL. 

This final rule also adds a Note to 

paragraphs w.1 and w.2 to specify that 

these two ‘‘items’’ paragraphs include 

systems, equipment and valves designed 

or modified to enable operation of 

manned aircraft as unmanned aerial 

vehicles. The addition of the note will 

clarify that the controls include 

equipment when used for the 

conversion of a manned aircraft to 

operate as a UAV. Some of this type of 

equipment is ‘‘subject to the ITAR,’’ and 

some of this type of equipment is 

‘‘subject to the EAR.’’ Prior to 

publication of this final rule, the type of 

equipment referenced in ECCN 7A116 

made it appear that all of this type of 

equipment was ‘‘subject to the ITAR,’’ 

which is correct for certain equipment, 

but not for all such equipment. For 

example, some of this equipment prior 

to publication of this final rule was 

controlled in ECCN 9A610.w. The 

changes described above that this final 

rule makes to ECCNs 7A116 and 9A610, 

will make needed corrections to clarify 


amozie on DSK3GDR082PROD with RULES
44220 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

where this type of equipment is 

controlled on the CCL. 

Prior to publication of this rule, some 

of the equipment specified in MTCR 

Annex, Category II, Item 10.A.3. was not 

controlled on the CCL. While ECCN 

9A106 has an entry for the equipment 

used in liquid propulsion systems for 

rockets, there was not a corresponding 

entry listing the equipment used in 

UAVs. To correct this gap in coverage, 

this final rule adds the criteria in MTCR 

Annex, Category II, 10.A.3. to ECCNs 

7A116 and 9A610, as described above. 

These changes are not expected to 

have any impact on the number of 

license applications received by BIS due 

to the low volume of such items 

exported. 

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 enroute aboard a 

carrier to a port of export or reexport, on 

August 30, 2018, 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 October 1, 2018. Any 

such items not actually exported or 

reexported before midnight, on October 

1, 2018, require a license in accordance 

with this rule. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (Title XVII, Subtitle B of Pub. L. 

115–232) that provides the legal basis 

for BIS’s principal authorities and 

serves as the authority under which BIS 

issues this rule. As set forth in Section 

1768 of ECRA, all delegations, rules, 

regulations, orders, determinations, 

licenses, or other forms of 

administrative action that have been 

made, issued, conducted, or allowed to 

become effective under the Export 

Administration Act of 1979 (50 U.S.C. 

4601 et seq.) (as in effect prior to August 

13, 2018 and as continued in effect 

pursuant to the International Emergency 

Economic Powers Act (50 U.S.C. 1701 et 

seq.) and 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, 

2018, 83 FR 39871 (August 13, 2018)), 

or the Export Administration 

Regulations, and are in effect as of 

August 13, 2018, shall continue in effect 

according to their terms until modified, 

superseded, set aside, or revoked under 

the authority of ECRA. 

Executive Order Requirements 

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 final rule has been 

designated a ‘‘significant regulatory 

action’’ under Executive Order 12866. 

The MTCR was formed in 1987 by the 

U.S. and G–7 countries (Canada, France, 

Germany, Italy, Japan, and the UK) to 

address the increasing proliferation of 

nuclear weapons by addressing the most 

destabilizing delivery system for such 

weapons. 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. 

The proliferation of such weapons has 

been identified as a threat to domestic 

and international peace and security. 

Commerce estimates this rule will not 

change the number of license requests 

received by BIS annually. 

This rule does not contain policies 

with Federalism implications as that 

term is defined under E.O. 13132. 

For the purposes of E.O. 13771, this 

rule is issued with respect to a national 

security function of the United States. 

The cost-benefit analysis indicates the 

rule is intended to improve national 

security as its primary direct benefit, 

and the regulation qualifies for a good 

cause exception under 5 U.S.C. 

553(b)(B). Accordingly, this rule meets 

the requirements set forth in the April 

5, 2017, OMB guidance implementing 

E.O 13771, and is, therefore, exempt 

from the requirements of E.O. 13771. 

Paperwork Reduction Act 

Requirements 

Notwithstanding any other provision 

of law, no person may be required to 

respond to or 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 a collection 

currently approved by OMB under 

control number 0694–0088, Simplified 

Network Application Processing 

System. This collection includes, among 

other things, license applications, and 

carries a burden estimate of 43.8 

minutes for a manual or electronic 

submission for a total burden estimate 

of 31,833 hours. BIS expects the burden 

hours associated with this collection to 

increase slightly by ten hours for an 

estimated cost increase of $378. This 

increase is not expected to exceed the 

existing estimates currently associated 

with OMB control number 0694–0088. 

Although this final rule makes 

important changes to the EAR for items 

controlled for missile technology 

reasons, Commerce believes the overall 

increase in costs and burdens due to 

this rule will be minimal. 

Any comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, may be sent 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. 

Administrative Procedure Act and 

Regulatory Flexibility Act 

Requirements 

The provisions of the Administrative 

Procedure Act (APA) (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 

action 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 

35 member countries acting on a 

consensus basis. The changes discussed 

in this rule implement agreements 

reached at the October 2017 Plenary in 

Dublin, Ireland, and the May 2017 

Technical Experts Meeting in 

Stockholm, Sweden. Since the United 

States is a significant exporter of the 

items discussed in this rule, 

implementation of this provision is 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44221 

necessary for the MTCR to achieve its 

purpose. 

Although the APA requirements in 

section 553 are not applicable to this 

action under the provisions of 

paragraph (a)(1), this action also falls 

within two other exceptions in the 

section. The subsection (b) requirement 

that agencies publish a notice of 

proposed rulemaking that includes 

information on the public proceedings 

does not apply when an agency for good 

cause finds that the notice and public 

procedures are impracticable, 

unnecessary, or contrary to the public 

interest, and the agency incorporates the 

finding (and reasons therefor) in the rule 

that is issued (5 U.S.C. 553(b)(B)). In 

addition, the section 553(d) requirement 

that publication of a rule shall be made 

not less than 30 days before its effective 

date can be waived if an agency finds 

there is good cause to do so. 

The section 553 requirements for 

notice and public procedures and for a 

delay in the date of effectiveness do not 

apply to this rule, as there is good cause 

to waive such practices. Delay in 

implementation would be contrary to 

the public interest because it would 

disrupt the movement of these 

potentially national and international 

security threatening items globally, 

creating disharmony between export 

control measures implemented by 

MTCR members. Export controls work 

best when all countries implement the 

same export controls in a timely 

manner. Delaying this rulemaking 

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 

could impair the international 

community’s ability to effectively 

control the export of certain potentially 

national and international security 

threatening items. Therefore, this 

regulation is issued in final form, and is 

effective August 30, 2018. 

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. Accordingly, no 

regulatory flexibility analysis is required 

and none has been prepared. 

List of Subjects in 15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, part 774 of the Export 

Administration Regulations (15 CFR 

parts 730–774) is amended as follows: 

PART 774—[AMENDED] 

■ 1. The authority citation for 15 CFR 

part 774 is revised to read as follows: 

Authority: Pub. L. 115–232, Title XVII, 

Subtitle B. 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 

U.S.C. 1824a; 50 U.S.C. 4305; 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, 2018, 83 FR 39871 

(August 13, 2018). 

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

Category 1, revise Export Control 

Classification Number (ECCN) 1B117 to 

read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1B117 Batch mixers having all of the 

following (see List of Items Controlled), 

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

‘‘components’’ therefor. 

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 

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: See 1B115, 1B118, and 

1B119. 

Related Definitions: N/A 

Items: 

a. Capable of mixing under vacuum in the 

range from zero to 13.326 kPa; 

b. Capable of controlling the temperature of 

the mixing chamber; 

c. A total volumetric capacity of 110 liters 

(30 gallons) or more; and 

d. At least one ‘mixing/kneading shaft’ 

mounted off center. 

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

‘mixing/kneading shaft’ does not refer to 

deagglomerators or knife-spindles. 

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

Category 1, revise ECCN 1B118 to read 

as follows: 

1B118 Continuous mixers having all of the 

following (see List of Items Controlled), 

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

‘‘components’’ therefor. 

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 

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: See 1B115, 1B117, and 

1B119. 

Related Definitions: N/A 

Items: 

a. Capable of mixing under vacuum in the 

range from zero to 13.326 kPa; 

b. Capable of controlling the temperature of 

the mixing chamber; and 

c. Either of the following: 

c.1. Two or more mixing/kneading shafts; 

or 

c.2. A single rotating and oscillating shaft 

with kneading teeth/pins as well as kneading 

teeth/pins inside the casing of the mixing 

chamber. 

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

Category 1, revise ECCN 1C111 to read 

as follows: 

1C111 Propellants and constituent 

chemicals for propellants, other than 

those specified in 1C011, as follows (see 

List of Items Controlled). 

License Requirements 

Reason for Control: MT, NP, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738) 

MT applies to entire 

entry.

MT Column 1 

NP applies to 

1C111.a.3.f only.

NP Column 1 

RS applies to 

1C111.d.3 only.

RS Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: (1) See USML Category 

V(e)(7) for controls on HTPB (hydroxyl 

terminated polybutadiene) with a hydroxyl 

functionality equal to or greater than 2.2 

and less than or equal to 2.4, a hydroxyl 

value of less than 0.77 meq/g, and a 

viscosity at 30 °C of less than 47 poise 

(CAS # 69102–90–5). (2) See USML 

Category V(f)(3) for controls on ferrocene 

derivatives, including butacene. (3) See 

ECCN 1C608 for controls on oxidizers that 


amozie on DSK3GDR082PROD with RULES
44222 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

are composed of fluorine and also other 

halogens, oxygen, or nitrogen, except for 

chlorine trifluoride, which is controlled 

under this ECCN 1C111.a.3.f. (4) See ECCN 

1C011.b for controls on boron and boron 

alloys not controlled under this ECCN 

1C111.a.2.b. (5) See USML Category 

V(d)(10) for controls on Inhibited Red 

Fuming Nitric Acid (IRFNA) (CAS 8007– 

58–7). 

Related Definitions: Particle size is the mean 

particle diameter on a weight or volume 

basis. Best industrial practices must be 

used in sampling, and in determining 

particle size, and the controls may not be 

undermined by the addition of larger or 

smaller sized material to shift the mean 

diameter. 

Items: 

a. Propulsive substances: 

a.1. Spherical or spheroidal aluminum 

powder (C.A.S. 7429–90–5) in particle size of 

less than 200 x 10¥6 m (200 mm) and an 

aluminum content of 97% by weight or more, 

if at least 10% of the total weight is made up 

of particles of less than 63 mm, according to 

ISO 2591–1:1988 or national equivalents. 

Technical Note: A particle size of 63 mm 

(ISO R–565) corresponds to 250 mesh (Tyler) 

or 230 mesh (ASTM standard E–11). 

a.2. Metal powders and alloys where at 

least 90% of the total particles by particle 

volume or weight are made up of particles of 

less than 60 m (determined by measurement 

techniques such as using a sieve, laser 

diffraction or optical scanning), whether 

spherical, atomized, spheroidal, flaked or 

ground, as follows: 

a.2.a. Consisting of 97% by weight or more 

of any of the following: 

a.2.a.1. Zirconium (C.A.S. #7440–67–7); 

a.2.a.2. Beryllium (C.A.S. #7440–41–7); or 

a.2.a.3. Magnesium (C.A.S. #7439–95–4);. 

a.2.b. Boron or boron alloys with a boron 

content of 85% or more by weight. 

Technical Note: The natural content of 

hafnium in the zirconium (typically 2% to 

7%) is counted with the zirconium. 

Note: In a multimodal particle distribution 

(e.g., mixtures of different grain sizes) in 

which one or more modes are controlled, the 

entire powder mixture is controlled. 

a.3. Oxidizer substances usable in liquid 

propellant rocket engines, as follows: 

a.3.a. Dinitrogen trioxide (CAS 10544–73– 

7); 

a.3.b. Nitrogen dioxide (CAS 10102–44–0)/ 

dinitrogen tetroxide (CAS 

10544–72–6); 

a.3.c. Dinitrogen pentoxide (CAS 10102– 

03–1); 

a.3.d. Mixed oxides of nitrogen (MON); 

a.3.e. [RESERVED]; 

a.3.f. Chlorine trifluoride (ClF3). 

Technical Note: Mixed oxides of nitrogen 

(MON) are solutions of nitric oxide (NO) in 

dinitrogen tetroxide/nitrogen dioxide (N2O4/ 

NO2) that can be used in missile systems. 

There are a range of compositions that can be 

denoted as MONi or MONij, where i and j are 

integers representing the percentage of nitric 

oxide in the mixture (e.g., MON3 contains 

3% nitric oxide, MON25 25% nitric oxide. 

An upper limit is MON40, 40% by weight). 

b. Polymeric substances: 

b.1. Carboxy-terminated polybutadiene 

(including carboxyl-terminated 

polybutadiene) (CTPB); 

b.2. Hydroxy-terminated polybutadiene 

(including hydroxyl-terminated 

polybutadiene) (HTPB) (CAS 69102–90–5), 

except for hydroxyl-terminated 

polybutadiene as specified in USML Category 

V (see 22 CFR 121.1) (also see Related 

Controls Note #1 for this ECCN); 

b.3. Polybutadiene acrylic acid (PBAA); 

b.4. Polybutadiene acrylic acid 

acrylonitrile (PBAN) (CAS 25265–19–4/CAS 

68891–50–9); 

b.5. Polytetrahydrofuran polyethylene 

glycol (TPEG). 

Technical Note: Polytetrahydrofuran 

polyethylene glycol (TPEG) is a block 

copolymer of poly 1,4-Butanediol (CAS 110– 

63–4) and polyethylene glycol (PEG) (CAS 

25322–68–3). 

c. Other propellant energetic materials, 

additives, or agents: 

c.1. [RESERVED] 

c.2. Triethylene glycol dinitrate (TEGDN); 

c.3. 2 Nitrodiphenylamine (2-NDPA); 

c.4. Trimethylolethane trinitrate (TMETN); 

c.5. Diethylene glycol dinitrate (DEGDN). 

d. Hydrazine and derivatives as follows: 

d.1. Hydrazine (C.A.S. #302–01–2) in 

concentrations of 70% or more; 

d.2. Monomethyl hydrazine (MMH) (C.A.S. 

#60–34–4); 

d.3. Symmetrical dimethyl hydrazine 

(SDMH) (C.A.S. #540–73–8); 

d.4. Unsymmetrical dimethyl hydrazine 

(UDMH) (C.A.S. #57–14–7); 

d.5. Trimethylhydrazine (C.A.S. #1741–01– 

1); 

d.6. Tetramethylhydrazine (C.A.S. #6415– 

12–9); 

d.7. N,N diallylhydrazine (CAS 5164–11– 

4); 

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

d.9. Ethylene dihydrazine (CAS 6068–98– 

0); 

d.10. Monomethylhydrazine dinitrate; 

d.11. Unsymmetrical dimethylhydrazine 

nitrate; 

d.12. 1,1-Dimethylhydrazinium azide (CAS 

227955–52–4)/1,2-Dimethylhydrazinium 

azide (CAS 299177–50–7); 

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

44–2); 

d.14. Hydrazinium dinitrate (CAS 13464– 

98–7); 

d.15. Diimido oxalic acid dihydrazine 

(C.A.S. #3457–37–2); 

d.16. 2-hydroxyethylhydrazine nitrate 

(HEHN); 

d.17. Hydrazinium diperchlorate (C.A.S. 

#13812–39–0); 

d.18. Methylhydrazine nitrate (MHN) (CAS 

29674–96–2); 

d.19. 1,1-Diethylhydrazine nitrate (DEHN)/ 

1,2-Diethylhydrazine nitrate (DEHN) (CAS 

363453–17–2); 

d.20. 3,6-dihydrazino tetrazine nitrate 

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

nitrate. 

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

Category 1, revise ECCN 1C118 to read 

as follows: 

1C118 Titanium-stabilized duplex stainless 

steel (Ti-DSS), having all of the 

following characteristics (see List of 

Items Controlled). 

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 

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: N/A 

Related Definitions: N/A 

Items: 

a. Having all of the following 

characteristics: 

a.1. Containing 17.0–23.0% by weight of 

chromium and 4.5–7.0% by weight of nickel; 

a.2. Having a titanium content of greater 

than 0.10% by weight; and 

a.3. A ferritic-austenitic microstructure 

(also referred to as a two-phase 

microstructure) of which at least 10% by 

volume (according to ASTM E–1181–87 or 

national equivalents) is austenite; and 

b. Having any of the following forms: 

b.1. Ingots or bars having a size of 100 mm 

or more in each dimension; 

b.2. Sheets having a width of 600 mm or 

more and a thickness of 3 mm or less; or 

b.3. Tubes having an outer diameter of 600 

mm or more and a wall thickness of 3 mm 

or less. 

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

Category 2, revise ECCN 2B109 to read 

as follows: 

2B109 Flow-forming machines, other than 

those controlled by 2B009, as follows 

(see List of Items Controlled). 

License Requirements 

Reason for Control: MT, NP, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738) 

MT applies to entire 

entry.

MT Column 1 

NP applies to items 

controlled by this 

entry that meet or 

exceed the technical parameters in 

2B209.

NP Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44223 

List of Items Controlled 

Related Controls: (1) See ECCN 2D101 for 

‘‘software’’ for items controlled under this 

entry. (2) See ECCNs 2E001 

(‘‘development’’), 2E002 (‘‘production’’), 

and 2E101 (‘‘use’’) for technology for items 

controlled under this entry. (3) Also see 

ECCNs 2B009 and 2B209. 

Related Definitions: N/A 

Items: 

a. Flow-forming machines, usable in the 

‘‘production’’ of propulsion components and 

equipment (e.g., motor cases and interstages) 

for ‘‘missiles’’, having all of the following: 

a.1. Equipped with, or according to the 

manufacturer’s technical specification are 

capable of being equipped with, ‘‘numerical 

control’’ units or a computer control, even 

when not equipped with such units at 

delivery; and 

a.2. More than two axes which can be 

coordinated simultaneously for ‘‘contouring 

control.’’ 

b. ‘‘Specially designed’’ ‘‘parts’’ and 

‘‘components’’ for flow-forming machines 

controlled in 2B009 for MT reasons or 

2B109.a. 

Technical Note: 1. Machines combining 

the function of spin-forming and flowforming are for the purpose of 2B109 

regarded as flow-forming machines. 

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

Category 2, revise ECCN 2B120 to read 

as follows: 

2B120 Motion simulators or rate tables 

(equipment capable of simulating 

motion), having all of the following 

characteristics (see List of Items 

Controlled). 

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 

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) Rate tables not 

controlled by 2B120 and providing the 

characteristics of a positioning table are to 

be evaluated according to 2B121. (2) 

Equipment that has the characteristics 

specified in 2B121, which also meets the 

characteristics of 2B120 will be treated as 

equipment specified in 2B120. (3) See also 

2B008, 2B121, 7B101 and 7B994. 

Related Definitions: N/A 

Items: 

a. Two or more axes; 

b. Designed or modified to incorporate 

sliprings or integrated non-contact devices 

capable of transferring electrical power, 

signal information, or both; and 

c. Having any of the following 

characteristics: 

c.1. For any single axis having all of the 

following: 

c.1.a. Capable of rates of rotation of 400 

degrees/s or more, or 30 degrees/s or less, 

and 

c.1.b. A rate resolution equal to or less than 

6 degrees/s and an accuracy equal to or less 

than 0.6 degrees/s; or 

c.2. Having a worst-case rate stability equal 

to or better (less) than plus or minus 0.05% 

averaged over 10 degrees or more; or 

c.3. A positioning ‘‘accuracy’’ equal to or 

better than 5 arc-second. 

Note: 2B120 does not control rotary tables 

designed or modified for machine tools or for 

medical equipment. For controls on machine 

tool rotary tables see 2B008. 

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

Category 2, revise ECCN 2B121 to read 

as follows: 

2B121 Positioning tables (equipment 

capable of precise rotary position in any 

axis), other than those controlled in 

2B120, having all the following 

characteristics (See List of Items 

Controlled). 

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 

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) Equipment that has the 

characteristics specified in 2B121, which 

also meets the characteristics of 2B120 will 

be treated as equipment specified in 

2B120. (2) See also 2B008, 2B120, 7B101, 

and 7B994. 

Related Definitions: N/A 

Items: 

a. Two or more axes; and 

b. A positioning ‘‘accuracy’’ equal to or 

better than 5 arc-second. 

Note: 2B121 does not control rotary tables 

designed or modified for machine tools or for 

medical equipment. For controls on machine 

tool rotary tables see 2B008. 

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

Category 2, revise ECCN 2B122 to read 

as follows: 

2B122 Centrifuges capable of imparting 

accelerations greater than 100 g and 

designed or modified to incorporate 

sliprings or integrated non-contact 

devices capable of transferring electrical 

power, signal information, or both. 

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 

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: See also 7B101. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

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

Category 6, revise ECCN 6A107 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. 

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 

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: See USML Category XII(d) 

for certain gravity meters (gravimeters) or 

gravity gradiometers subject to the ITAR. 

See also ECCN 7A611. 

Related Definitions: ‘Time to steady-state 

registration’ (also referred to as the gravity 

meter’s response time) is the time over 

which the disturbing effects of platforminduced acceleration (high frequency 

noise) are reduced. 

Items: 

a. Gravity meters having all the following: 

a.1. A static or operational accuracy equal 

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

a.2. A ‘time to steady-state registration’ of 

two minutes or less. 

b. Gravity gradiometers. 

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

Category 7, revise ECCN 7A105 to read 

as follows: 


amozie on DSK3GDR082PROD with RULES
44224 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

7A105 Receiving equipment for ‘navigation 

satellite systems’ designed or modified 

for airborne applications and capable of 

providing navigation information at 

speeds in excess of 600 m/s (1,165 

nautical mph), and ‘‘specially designed’’ 

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

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 

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 7A005 and 

7A994. (2) See Categories XI and XV of the 

U.S. Munitions List (22 CFR 121.1) for 

controls on similar equipment ‘‘specially 

designed’’ for defense articles. 

Related Definitions: ‘Navigation satellite 

systems’ include Global Navigation 

Satellite Systems (GNSS; e.g., GPS, 

GLONASS, Galileo or BeiDou) and 

Regional Navigation Satellite Systems 

(RNSS; e.g., NavIC, QZSS). 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

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

Category 7, revise ECCN 7A107 to read 

as follows: 

7A107 Three axis magnetic heading 

sensors having all of the following 

characteristics (see List of Items 

Controlled), and ‘‘specially designed’’ 

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

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 

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: N/A 

Related Definitions: N/A 

Items: 

a. Internal tilt compensation in pitch (+/ 

¥90 degrees) and roll (+/¥180 degrees) axes; 

b. Azimuthal accuracy better (less) than 0.5 

degrees rms at latitudes of +/¥80 degrees, 

referenced to local magnetic field; and 

c. Designed or modified to be integrated 

with flight control and navigation systems. 

Note: Flight control and navigation systems 

in 7A107 include gyrostabilizers, automatic 

pilots and inertial navigation systems. 

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

Category 7, revise ECCN 7A116 to read 

as follows: 

7A116 Flight control systems and ‘‘parts’’ 

and ‘‘components’’, as follows (see List 

of Items Controlled). 

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 

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 9A610.r. and 

9A610.s. for items designed or modified for 

military UAVs. (2) See USML Category IV 

for items ‘‘specially designed’’ for use in 

rockets or missiles that are ‘‘subject to the 

ITAR.’’ 

Related Definitions: N/A 

Items: 

a. Pneumatic, hydraulic, mechanical, 

electro-optical, or electromechanical flight 

control systems (including fly-by-wire and 

fly-by-light systems) designed or modified for 

UAVs capable of delivering at least 500 

kilograms of payload to a range of at least 300 

km, other than those controlled by either 

USML paragraph VIII(a) or ECCN 9A610.a; 

b. Attitude control equipment designed or 

modified for UAVs capable of delivering at 

least 500 kilograms of payload to a range of 

at least 300 km, other than those controlled 

by either USML paragraph VIII(a) or ECCN 

9A610.a; 

c. Flight control servo valves designed of 

modified for the systems in 7A116.a. or 

7A116.b, and designed or modified to operate 

in a vibration environment greater than 10 g 

rms over the entire range between 20Hz and 

2 kHz. 

Note: This entry includes the systems, 

equipment and valves designed or modified 

to enable operation of manned aircraft as 

unmanned aerial vehicles. 

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

Category 9, revise ECCN 9A012 to read 

as follows: 

9A012 Non-military ‘‘Unmanned Aerial 

Vehicles,’’ (‘‘UAVs’’), unmanned 

‘‘airships’’, related equipment and 

‘‘components’’, as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738) 

NS applies to entire 

entry.

NS Column 1 

MT applies to nonmilitary Unmanned 

Aerial Vehicles 

(UAVs) and Remotely Piloted Vehicles (RPVs) that 

are capable of a 

maximum range of 

at least 300 kilometers (km), regardless of payload, and UAVs 

that meet the requirements of 

9A120.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

CIV: N/A 

List of Items Controlled 

Related Controls: See the U.S. Munitions List 

Category VIII (22 CFR part 121). Also see 

ECCN 9A610 and § 744.3 of the EAR. 

Related Definitions: N/A 

Items: 

a. ‘‘UAVs’’ or unmanned ‘‘airships’’, 

designed to have controlled flight out of the 

direct ‘natural vision’ of the ‘operator’ and 

having any of the following: 

a.1. Having all of the following: 

a.1.a. A maximum ‘endurance’ greater than 

or equal to 30 minutes but less than 1 hour; 

and 

a.1.b. Designed to take-off and have stable 

controlled flight in wind gusts equal to or 

exceeding 46.3 km/h (25 knots); or 

a.2. A maximum ‘endurance’ of 1 hour or 

greater; 

Technical Notes: 

1. For the purposes of 9A012.a, ‘operator’ 

is a person who initiates or commands the 

‘‘UAV’’ or unmanned ‘‘airship’’ flight. 

2. For the purposes of 9A012.a, ‘endurance’ 

is to be calculated for ISA conditions (ISO 

2533:1975) at sea level in zero wind. 

3. For the purposes of 9A012.a, ‘natural 

vision’ means unaided human sight, with or 

without corrective lenses. 

b. Related equipment and 

‘‘components’’, as follows: 

b.1 [Reserved] 

b.2. [Reserved] 

b.3. Equipment or ‘‘components’’ 

‘‘specially designed’’ to convert a 

manned ‘‘aircraft’’ or a manned 

‘‘airship’’ to a ‘‘UAV’’ or unmanned 

‘‘airship’’, controlled by 9A012.a; 

b.4. Air breathing reciprocating or 

rotary internal combustion type engines, 

‘‘specially designed’’ or modified to 


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44225 

propel ‘‘UAVs’’ or unmanned 

‘‘airships’’, at altitudes above 15,240 

meters (50,000 feet). 

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

Category 9, revise ECCN 9A101 to read 

as follows: 

9A101 Turbojet and turbofan engines, 

other than those controlled by 9A001, as 

follows (see List of Items Controlled). 

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 

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: 9A101.b controls only 

engines for non-military unmanned aerial 

vehicles [UAVs] or remotely piloted 

vehicles [RPVs], and does not control other 

engines designed or modified for use in 

‘‘missiles’’, which are ‘‘subject to the 

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

Related Definitions: N/A 

Items: 

a. Engines having all of the following 

characteristics: 

a.1. ‘Maximum thrust value’ greater than 

400 N (achieved un-installed) excluding civil 

certified engines with a maximum thrust 

value greater than 8,890 N (achieved uninstalled); 

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); 

a.3. ‘Dry weight’ less than 750 kg; and 

a.4. ‘First –stage rotor diameter’ less than 

1 m; or 

Technical Notes: 

1. ‘Maximum thrust value’ in 9A101.a.1 is 

the manufacturer’s demonstrated maximum 

thrust for the engine type un-installed at sea 

level static conditions using the ICAO 

standard atmosphere. The civil type certified 

thrust value will be equal to or less than the 

manufacturer’s demonstrated maximum 

thrust for the engine type. 

2. ‘Dry weight’ is the weight of the engine 

without fluids (fuel, hydraulic fluid, oil, etc.) 

and does not include the nacelle (housing). 

3. ‘First-stage rotor diameter’ is the 

diameter of the first rotating stage of the 

engine, whether a fan or compressor, 

measured at the leading edge of the blade 

tips. 

b. Engines designed or modified for use in 

‘‘missiles’’ or UAVs with a range equal to or 

greater than 300 km, regardless of thrust, 

specific fuel consumption, ‘dry weight’ or 

‘first-stage rotor diameter’. 

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

Category 9, revise ECCN 9A115 to read 

as follows: 

9A115 Apparatus, devices and vehicles, 

designed or modified for the transport, 

handling, control, activation and 

launching of rockets, missiles, and 

unmanned aerial vehicles capable of 

achieving a ‘‘range’’ equal to or greater 

than 300 km. 

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 

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: See the U.S. Munitions List 

(22 CFR part 121). Also see ECCN 9A610.u. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

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

Category, revise ECCN 9A515 to read as 

follows: 

9A515 ‘‘Spacecraft’’ and related 

commodities, as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, RS, MT, AT 

Control(s) 

Country chart 

(see Supp. No.1 to 

part 738) 

NS applies to entire 

entry, except .e 

and .y.

NS Column 1 

RS applies to entire 

entry, except .e 

and .y.

RS Column 1 

RS applies to 

9A515.e.

RS Column 2 

Control(s) 

Country chart 

(see Supp. No.1 to 

part 738) 

MT applies to microcircuits in 9A515.d 

and 9A515.e.2 

when ‘‘usable in’’ 

‘‘missiles’’ for protecting ‘‘missiles’’ 

against nuclear effects (e.g., Electromagnetic Pulse 

(EMP), X-rays, 

combined blast and 

thermal effects). 

MT also applies to 

9A515.h when the 

total impulse capacity is equal to or 

greater than 

8.41x10∧5 newton 

seconds.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

License Requirement Note: The Commerce 

Country Chart is not used for determining 

license requirements for commodities 

classified in ECCN 9A515.a.1, .a.2, .a.3, .a.4, 

and .g. See § 742.6(a)(8), which specifies that 

such commodities are subject to a worldwide 

license requirement. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for ‘‘spacecraft’’ in ECCN 

9A515.a.1, .a.2, .a.3, or .a.4, or items in 

9A515.g, unless determined by BIS to be 

eligible for License Exception STA in 

accordance with § 740.20(g) (License 

Exception STA eligibility requests for 

certain 9x515 and ‘‘600 series’’ items). (2) 

License Exception STA may not be used if 

the ‘‘spacecraft’’ controlled in ECCN 

9A515.a.1, .a.2, .a.3, or .a.4 contains a 

separable or removable propulsion system 

enumerated in USML Category IV(d)(2) or 

USML Category XV(e)(12) and designated 

MT. (3) Paragraph (c)(2) of License 

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

may not be used for any item in 9A515. 

List of Items Controlled 

Related Controls: Spacecraft, launch vehicles 

and related articles that are enumerated in 

the USML, and technical data (including 

‘‘software’’) directly related thereto, and all 

services (including training) directly 

related to the integration of any satellite or 

spacecraft to a launch vehicle, including 

both planning and onsite support, or 

furnishing any assistance (including 

training) in the launch failure analysis or 

investigation for items in ECCN 9A515.a, 

are ‘‘subject to the ITAR.’’ All other 

‘‘spacecraft,’’ as enumerated below and 

defined in § 772.1, are subject to the 

controls of this ECCN. See also ECCNs 

3A001, 3A002, 3A991, 3A992, 6A002, 


amozie on DSK3GDR082PROD with RULES
44226 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

6A004, 6A008, and 6A998 for specific 

‘‘space-qualified’’ items, 7A004 and 7A104 

for star trackers, and 9A004 for the 

International Space Station (ISS), the James 

Webb Space Telescope (JWST), and 

‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. See USML 

Category XI(c) for controls on ‘‘Monolithic 

Microwave Integrated Circuit’’ (‘‘MMIC’’) 

amplifiers that are ‘‘specially designed’’ for 

defense articles. See ECCN 9A610.g for 

pressure suits used for high altitude 

aircraft. 

Related Definitions: ‘Microcircuit’ means a 

device in which a number of passive or 

active elements are considered as 

indivisibly associated on or within a 

continuous structure to perform the 

function of a circuit. 

Items: 

‘‘Spacecraft’’ and other items described in 

ECCN 9A515 remain subject to the EAR even 

if exported, reexported, or transferred (incountry) with defense articles ‘‘subject to the 

ITAR’’ integrated into and included therein 

as integral parts of the item. In all other 

cases, such defense articles are subject to the 

ITAR. For example, a 9A515.a ‘‘spacecraft’’ 

remains ‘‘subject to the EAR’’ even when it 

is exported, reexported, or transferred (incountry) with a ‘‘hosted payload’’ described 

in USML Category XV(e)(17) incorporated 

therein. In all other cases, a ‘‘hosted payload’’ 

performing a function described in USML 

Category XV(a) always remains a USML item. 

The removal of the defense article subject to 

the ITAR from the spacecraft is a retransfer 

under the ITAR and would require an ITAR 

authorization, regardless of the CCL 

authorization the spacecraft is exported 

under. Additionally, transfer of technical 

data regarding the defense article subject to 

the ITAR integrated into the spacecraft would 

require an ITAR authorization. 

a. ‘‘Spacecraft,’’ including satellites, and 

space vehicles, whether designated 

developmental, experimental, research or 

scientific, not enumerated in USML Category 

XV or described in ECCN 9A004.u or .w, that: 

a.1. Have electro-optical remote sensing 

capabilities and having a clear aperture 

greater than 0.35 meters, but less than or 

equal to 0.50 meters; 

a.2. Have remote sensing capabilities 

beyond NIR (i.e., SWIR, MWIR, or LWIR); 

a.3. Have radar remote sensing capabilities 

(e.g., AESA, SAR, or ISAR) having a center 

frequency equal to or greater than 1.0 GHz, 

but less than 10.0 GHz and having a 

bandwidth equal to or greater than 100 MHz, 

but less than 300 MHz; 

a.4. Provide space-based logistics, 

assembly, or servicing of another 

‘‘spacecraft’’; or 

a.5. Are not described in ECCN 9A515.a.1, 

.a.2, .a.3 or .a.4. 

Note: ECCN 9A515.a includes commercial 

communications satellites, remote sensing 

satellites, planetary rovers, planetary and 

interplanetary probes, and in-space habitats, 

not identified in ECCN 9A004 or USML 

Category XV(a). 

b. Ground control systems and training 

simulators ‘‘specially designed’’ for 

telemetry, tracking, and control of the 

‘‘spacecraft’’ controlled in paragraphs 

9A004.u or 9A515.a. 

c. [Reserved] 

d. Microelectronic circuits (e.g., integrated 

circuits, microcircuits, or MOSFETs) and 

discrete electronic components rated, 

certified, or otherwise specified or described 

as meeting or exceeding all the following 

characteristics and that are ‘‘specially 

designed’’ for defense articles, ‘‘600 series’’ 

items, or items controlled by ECCNs 9A004.v 

or 9A515: 

d.1. A total dose of 5 × 105 Rads (Si) (5 × 

103 Gy (Si)); 

d.2. A dose rate upset threshold of 5 × 108

Rads (Si)/sec (5 × 106 Gy (Si)/sec); 

d.3. A neutron dose of 1 × 1014 n/cm2 (1 

MeV equivalent); 

d.4. An uncorrected single event upset 

sensitivity of 1 × 10¥10 errors/bit/day or less, 

for the CRE`ME–MC geosynchronous orbit, 

Solar Minimum Environment for heavy ion 

flux; and 

d.5. An uncorrected single event upset 

sensitivity of 1 × 10¥3 errors/part or less for 

a fluence of 1 × 107 protons/cm2 for proton 

energy greater than 50 MeV. 

e. Microelectronic circuits (e.g., integrated 

circuits, microcircuits, or MOSFETs) and 

discrete electronic components that are rated, 

certified, or otherwise specified or described 

as meeting or exceeding the characteristics in 

either paragraph e.1 or e.2, AND ‘‘specially 

designed’’ for defense articles controlled by 

USML Category XV or items controlled by 

ECCNs 9A004.u or 9A515: 

e.1. A total dose ≥1 × 105 Rads (Si) (1 × 103

Gy(Si)) and <5 × 105 Rads (Si) (5 × 103

Gy(Si)); and a single event effect (SEE) (i.e., 

single event latchup (SEL), single event 

burnout (SEB), or single event gate rupture 

(SEGR)) immunity to a linear energy transfer 

(LET) ≥80 MeV¥cm2/mg; or 

e.2. A total dose ≥ 5 × 105 Rads (Si) (5 × 

103 Gy (Si)) and not described in 9A515.d. 

Note 1 to 9A515.d and .e: Application 

specific integrated circuits (ASICs), 

integrated circuits developed and produced 

for a specific application or function, 

specifically designed or modified for defense 

articles and not in normal commercial use 

are controlled by Category XI(c) of the USML 

regardless of characteristics. 

Note 2 to 9A515.d and .e: See 3A001.a for 

controls on radiation-hardened 

microelectronic circuits ‘‘subject to the EAR’’ 

that are not controlled by 9A515.d or 

9A515.e 

f. Pressure suits (i.e., space suits) capable 

of operating at altitudes 55,000 feet above sea 

level. 

g. Remote sensing components ‘‘specially 

designed’’ for ‘‘spacecraft’’ described in 

ECCNs 9A515.a.1 through 9A515.a.4 as 

follows: 

g.1. Space-qualified optics (i.e., lens, 

mirror, membrane having active properties 

(e.g., adaptive, deformable)) with the largest 

lateral clear aperture dimension equal to or 

less than 0.35 meters; or with the largest clear 

aperture dimension greater than 0.35 meters 

but less than or equal to 0.50 meters; 

g.2. Optical bench assemblies ‘‘specially 

designed’’ for ECCN 9A515.a.1, 9A515.a.2, 

9A515.a.3, or 9A515.a.4 ‘‘spacecraft;’’ or 

g.3. Primary, secondary, or hosted payloads 

that perform a function of ECCN 9A515.a.1, 

9A515.a.2, 9A515.a.3, or 9A515.a.4 

‘‘spacecraft.’’ 

h. Spacecraft thrusters using bi-propellants 

or mono-propellants that provide thrust 

equal to or less than 150 lbf (i.e., 667.23 N) 

vacuum thrust. 

i. through w. [RESERVED] 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for defense articles controlled by 

USML Category XV or items controlled by 

9A515, and that are NOT: 

x.1. Enumerated or controlled in the USML 

or elsewhere within ECCNs 9A515 or 9A004; 

x.2. Microelectronic circuits and discrete 

electronic components; 

x.3. Described in ECCNs 7A004 or 7A104; 

x.4. Described in an ECCN containing 

‘‘space-qualified’’ as a control criterion (i.e., 

3A001.b.1, 3A001.e.4, 3A002.g.1, 3A991.o, 

3A992.b.3, 6A002.a.1, 6A002.b.2, 6A002.d.1, 

6A004.c and .d, 6A008.j.1, 6A998.b, or 

7A003.d.2); 

x.5. Microwave solid state amplifiers and 

microwave assemblies (refer to ECCN 

3A001.b.4 for controls on these items); 

x.6. Travelling wave tube amplifiers (refer 

to ECCN 3A001.b.8 for controls on these 

items); or 

x.7. Elsewhere specified in ECCN 9A515.y. 

Note to 9A515.x: ‘‘Parts,’’ ‘‘components,’’ 

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

in USML subcategory XV(e) or enumerated in 

other USML categories are subject to the 

controls of that paragraph or category. 

y. Items that would otherwise be within 

the scope of ECCN 9A515.x but that have 

been identified in an interagency-cleared 

commodity classification (CCATS) pursuant 

to § 748.3(e) as warranting control in 

9A515.y. 

y.1. Discrete electronic components not 

specified in 9A515.e; 

y.2. Space grade or for spacecraft 

applications thermistors; 

y.3. Space grade or for spacecraft 

applications RF microwave bandpass ceramic 

filters (Dielectric Resonator Bandpass 

Filters); 

y.4. Space grade or for spacecraft 

applications hall effect sensors; 

y.5. Space grade or for spacecraft 

applications subminiature (SMA and SMP) 

plugs and connectors, TNC plugs and cable 

and connector assemblies with SMA plugs 

and connectors; and 

y.6. Space grade or for spacecraft 

applications flight cable assemblies. 

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

Category 9, revise ECCN 9A610 to read 

as follows: 

9A610 Military aircraft and related 

commodities, other than those 

enumerated in 9A991.a (see List of Items 

Controlled). 

License Requirements 

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


amozie on DSK3GDR082PROD with RULES
Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 44227 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

NS applies to entire 

entry except: 

9A610.b; parts and 

components controlled in 9A610.x if 

being exported or 

reexported for use 

in an aircraft controlled in 9A610.b; 

and 9A610.y.

NS Column 1 

RS applies to entire 

entry except: 

9A610.b; parts and 

components controlled in 9A610.x if 

being exported or 

reexported for use 

in an aircraft controlled in 9A610.b; 

and 9A610.y.

RS Column 1 

MT applies to 

9A610.t, .u, .v, and 

.w.

MT Column 1 

AT applies to entire 

entry.

AT Column 1 

UN applies to entire 

entry except 

9A610.y.

See § 746.1(b) for UN 

controls 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1500 

GBS: N/A 

CIV: N/A 

Special Conditions for STA 

STA: (1) Paragraph (c)(1) of License 

Exception STA (§ 740.20(c)(1) of the EAR) 

may not be used for any item in 9A610.a 

(i.e., ‘‘end item’’ military aircraft), unless 

determined by BIS to be eligible for 

License Exception STA in accordance with 

§ 740.20(g) (License Exception STA 

eligibility requests for ‘‘600 series’’ end 

items). (2) Paragraph (c)(2) of License 

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

may not be used for any item in 9A610. 

List of Items Controlled 

Related Controls: (1) Military aircraft and 

related articles that are enumerated in 

USML Category VIII, and technical data 

(including software) directly related 

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

ECCN 0A919 for controls on foreign-made 

‘‘military commodities’’ that incorporate 

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

origin ‘‘600 series’’ controlled content. (3) 

See USML Category XIX and ECCN 9A619 

for controls on military aircraft gas turbine 

engines and related items. 

Related Definitions: In paragraph .y of this 

entry, the term ‘fluid’ includes liquids and 

gases. 

Items: 

a. ‘Military Aircraft’ ‘‘specially designed’’ 

for a military use that are not enumerated in 

USML paragraph VIII(a). 

Note 1: For purposes of paragraph .a the 

term ‘military aircraft’ means the LM–100J 

aircraft and any aircraft ‘‘specially designed’’ 

for a military use that are not enumerated in 

USML paragraph VIII(a). The term includes: 

Trainer aircraft; cargo aircraft; utility fixed 

wing aircraft; military helicopters; 

observation aircraft; military non-expansive 

balloons and other lighter than air aircraft; 

and unarmed military aircraft, regardless of 

origin or designation. Aircraft with 

modifications made to incorporate safety of 

flight features or other FAA or NTSB 

modifications such as transponders and air 

data recorders are ‘‘unmodified’’ for the 

purposes of this paragraph .a. 

Note 2: 9A610.a does not control ‘military 

aircraft’ that: 

a. Were first manufactured before 1946; 

b. Do not incorporate defense articles 

enumerated or otherwise described on the 

U.S. Munitions List, unless the items are 

required to meet safety or airworthiness 

standards of a Wassenaar Arrangement 

Participating State; and 

c. Do not incorporate weapons enumerated 

or otherwise described on the U.S. Munitions 

List, unless inoperable and incapable of 

being returned to operation. 

b. L–100 aircraft manufactured prior to 

2013. 

c.–d. [Reserved] 

e. Mobile aircraft arresting and engagement 

runway systems for aircraft controlled by 

either USML Category VIII(a) or ECCN 

9A610.a. 

f. Pressure refueling equipment and 

equipment that facilitates operations in 

confined areas, ‘‘specially designed’’ for 

aircraft controlled by either USML paragraph 

VIII(a) or ECCN 9A610.a. 

g. Aircrew life support equipment, aircrew 

safety equipment and other devices for 

emergency escape from aircraft controlled by 

either USML paragraph VIII(a) or ECCN 

9A610.a. 

h. Parachutes, paragliders, complete 

parachute canopies, harnesses, platforms, 

electronic release mechanisms, ‘‘specially 

designed’’ for use with aircraft controlled by 

either USML paragraph VIII(a) or ECCN 

9A610.a, and ‘‘equipment’’ ‘‘specially 

designed’’ for military high altitude 

parachutists, such as suits, special helmets, 

breathing systems, and navigation 

equipment. 

i. Controlled opening equipment or 

automatic piloting systems, designed for 

parachuted loads. 

j. Ground effect machines (GEMS), 

including surface effect machines and air 

cushion vehicles, ‘‘specially designed’’ for 

use by a military. 

k. through s. [Reserved] 

t. Composite structures, laminates, and 

manufactures thereof ‘‘specially designed’’ 

for unmanned aerial vehicles controlled 

under USML Category VIII(a) with a range 

equal to or greater than 300 km. 

Note to paragraph .t: Composite structures, 

laminates, and manufactures thereof 

‘‘specially designed’’ for unmanned aerial 

vehicles controlled under USML Category 

VIII(a) with a maximum range less than 300 

km are controlled in paragraph .x of this 

entry. 

u. Apparatus and devices ‘‘specially 

designed’’ for the handling, control, 

activation and non-ship-based launching of 

UAVs controlled by either USML paragraph 

VIII(a) or ECCN 9A610.a, and capable of a 

range equal to or greater than 300 km. 

Note to paragraph .u: Apparatus and 

devices ‘‘specially designed’’ for the 

handling, control, activation and non-shipbased launching of UAVs controlled by either 

USML paragraph VIII(a) or ECCN 9A610.a 

with a maximum range less than 300 km are 

controlled in paragraph .x of this entry. 

v. Radar altimeters designed or modified 

for use in UAVs controlled by either USML 

paragraph VIII(a) or ECCN 9A610.a., and 

capable of delivering at least 500 kilograms 

payload to a range of at least 300 km. 

Note to paragraph .v: Radar altimeters 

designed or modified for use in UAVs 

controlled by either USML paragraph VIII(a) 

or ECCN 9A610.a. that are not capable of 

delivering at least 500 kilograms payload to 

a range of at least 300 km are controlled in 

paragraph .x of this entry. 

w.1. Pneumatic hydraulic, mechanical, 

electro-optical, or electromechanical flight 

control systems (including fly-by-wire and 

fly-by-light systems) and attitude control 

equipment designed or modified for UAVs 

controlled by either USML paragraph VIII(a) 

or ECCN 9A610.a., and capable of delivering 

at least 500 kilograms payload to a range of 

at least 300 km. 

Note to paragraph .w.1: Pneumatic, 

hydraulic, mechanical, electro-optical, or 

electromechanical flight control systems 

(including fly-by-wire and fly-by-light 

systems) and attitude control equipment 

designed or modified for UAVs controlled by 

either USML paragraph VIII(a) or ECCN 

9A610.a., not capable of delivering at least 

500 kilograms payload to a range of at least 

300 km are controlled in paragraph .x of this 

entry. 

w.2. Flight control servo valves designed or 

modified for the systems in 9A610.w.1. and 

designed or modified to operate in a 

vibration environment greater than 10g rms 

over the entire range between 20Hz and 2 

kHz. 

Note to paragraph .w: Paragraphs 

9A610.w.1. and 9A610.w.2. include the 

systems, equipment and valves designed or 

modified to enable operation of manned 

aircraft as unmanned aerial vehicles. 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity enumerated or 

otherwise described in ECCN 9A610 (except 

for 9A610.y) or a defense article enumerated 

or otherwise described in USML Category 

VIII and not elsewhere specified on the 

USML or in 9A610.y, 9A619.y, or 3A611.y. 

y. Specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ for a commodity subject to control 

in this entry, ECCN 9A619, or for a defense 

article in USML Categories VIII or XIX and 

not elsewhere specified in the USML or the 

CCL, and other aircraft commodities 

‘‘specially designed’’ for a military use, as 

follows, and ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ ‘‘specially 

designed’’ therefor: 

y.1. Aircraft tires; 

y.2. Analog gauges and indicators; 


amozie on DSK3GDR082PROD with RULES
44228 Federal Register / Vol. 83, No. 169 / Thursday, August 30, 2018 / Rules and Regulations 

y.3. Audio selector panels; 

y.4. Check valves for hydraulic and 

pneumatic systems; 

y.5. Crew rest equipment; 

y.6. Ejection seat mounted survival aids; 

y.7. Energy dissipating pads for cargo (for 

pads made from paper or cardboard); 

y.8. Fluid filters and filter assemblies; 

y.9. Galleys; 

y.10. Fluid hoses, straight and unbent lines 

(for a commodity subject to control in this 

entry or defense article in USML Category 

VIII), and fittings, couplings, clamps (for a 

commodity subject to control in this entry or 

defense article in USML Category VIII) and 

brackets therefor; 

y.11. Lavatories; 

y.12. Life rafts; 

y.13. Magnetic compass, magnetic azimuth 

detector; 

y.14. Medical litter provisions; 

y.15. Cockpit or cabin mirrors; 

y.16. Passenger seats including palletized 

seats; 

y.17. Potable water storage systems; 

y.18. Public address (PA) systems; 

y.19. Steel brake wear pads (does not 

include sintered mix or carbon/carbon 

materials); 

y.20. Underwater locator beacons; 

y.21. Urine collection bags/pads/cups/ 

pumps; 

y.22. Windshield washer and wiper 

systems; 

y.23. Filtered and unfiltered panel knobs, 

indicators, switches, buttons, and dials; 

y.24. Lead-acid and Nickel-Cadmium 

batteries; 

y.25. Propellers, propeller systems, and 

propeller blades used with reciprocating 

engines; 

y.26. Fire extinguishers; 

y.27. Flame and smoke/CO2 detectors; 

y.28. Map cases; 

y.29. ‘Military Aircraft’ that were first 

manufactured from 1946 to 1955 that do not 

incorporate defense articles enumerated or 

otherwise described on the U.S. Munitions 

List, unless the items are required to meet 

safety or airworthiness standards of a 

Wassenaar Arrangement Participating State; 

and do not incorporate weapons enumerated 

or otherwise described on the U.S. Munitions 

List, unless inoperable and incapable of 

being returned to operation; 

y.30. ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments,’’ other than 

electronic items or navigation equipment, for 

use in or with a commodity controlled by 

ECCN 9A610.h; 

y.31. Identification plates and nameplates; 

and 

y.32. Fluid manifolds. 

Dated: August 24, 2018. 

Richard E. Ashooh, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2018–18849 Filed 8–29–18; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF STATE 

22 CFR Part 121 

[Public Notice: 10486] 

RIN 1400–AE70 

Continued Temporary Modification of 

Category XI of the United States 

Munitions List 

AGENCY: Department of State. 

ACTION: Final rule; notice of temporary 

modification. 

SUMMARY: The Department of State, 

pursuant to its regulations and in the 

interest of the security of the United 

States, temporarily modifies paragraph 

(b) in Category XI of the United States 

Munitions List (USML). 

DATES: Amendatory instructions 1 and 2 

are effective August 30, 2018. 

Amendatory instruction No. 3 is 

effective August 30, 2019. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Monjay, Office of Defense Trade 

Controls Policy, Department of State, 

telephone (202) 663–2817; email 

monjayr@state.gov. ATTN: Temporary 

Modification of Category XI. 

SUPPLEMENTARY INFORMATION: On July 1, 

2014, the Department published a final 

rule revising Category XI of the USML, 

79 FR 37536, effective December 30, 

2014. That final rule, consistent with 

the two prior proposed rules for USML 

Category XI (78 FR 45018, July 25, 2013 

and 77 FR 70958, November 28, 2012), 

revised paragraph (b) of Category XI to 

clarify the extent of control and 

maintain the existing scope of control 

on items described in paragraph (b) and 

the directly related software described 

in paragraph (d). 

The Department later determined that 

exporters may read the revised control 

language to exclude certain intelligenceanalytics software that has been and 

remains controlled on the USML. 

Therefore, the Department determined 

that it was in the interest of the security 

of the United States to temporarily 

revise USML Category XI paragraph (b), 

pursuant to the provisions of § 126.2, 

while a long-term solution was 

developed. The Department published a 

final rule on July 2, 2015 (80 FR 37974) 

that temporarily modified USML 

Category XI(b) until December 29, 2015. 

The Department published a final rule 

on December 16, 2015 (80 FR 78130) 

that continued the July 2, 2015 

modification to August 30, 2017. The 

Department published a final rule on 

August 30, 2017 (82 FR 41172) that 

continued the December 16, 2015 

modification to August 30, 2018. 

The temporary revision clarified that 

the scope of control in existence prior 

to December 30, 2014 for USML 

paragraph (b) and directly related 

software in paragraph (d) remains in 

effect. This clarification is achieved by 

reinserting the words ‘‘analyze and 

produce information from’’ and by 

adding software to the description of 

items controlled. 

The Department, with its interagency 

partners, continues to develop a long 

term solution for USML Category XI(b). 

However, that solution will not be in 

place when the current temporary 

modification expires on August 30, 

2018. Therefore, the Department has 

determined, for the national security 

and foreign policy of the United States 

and in the best interest of the U.S. 

defense industry, to publish a final rule 

that extends the temporary modification 

of USML XI(b) for one year, to August 

30, 2019, to allow it to be revised as part 

of the wholesale revision of USML 

Category XI. On February 12, 2018, the 

Department published a Notice of 

Inquiry (83 FR 5970) requesting public 

comment on USML Categories V, X and 

XI. The Department and the interagency 

are reviewing the public comments 

submitted in response, and the 

Department is drafting a proposed rule 

setting out revised versions of the three 

categories for public comment. 

Extending the temporary revisions of 

USML Category XI(b) now will allow 

the U.S. government to finalize its 

review of USML Category XI, with 

rulemaking to follow, to include any 

further modifications to USML Category 

XI paragraph (b) as may be warranted. 

Regulatory Findings 

Administrative Procedure Act 

This rulemaking is exempt from 

section 553 (Rulemaking) and 

section 554 (Adjudications) of the 

Administrative Procedure Act (APA) 

pursuant to 5 U.S.C. 553(a)(1) as a 

military or foreign affairs function of the 

United States Government. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

provisions of 5 U.S.C. 553, there is no 

requirement for an analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not involve a 

mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 


amozie on DSK3GDR082PROD with RULES