[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Rules and Regulations]
[Pages 84766-84770]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-23932]



[[Page 84765]]

Vol. 89

Wednesday,

No. 205

October 23, 2024

Part IV





Department of Commerce





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Bureau of Industry and Security





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15 CFR Parts 734, 740, et al.





Export Administration Regulations: Removal of License Requirements for 
Certain Spacecraft and Related Items for Australia, Canada, and the 
United Kingdom; Revisions to Space-Related Export Controls, Including 
Addition of License Exception Commercial Space Activities (CSA); Rules 
and Proposed Rule

Federal Register / Vol. 89 , No. 205 / Wednesday, October 23, 2024 / 
Rules and Regulations

[[Page 84766]]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 241004-0263]
RIN 0694-AJ85


Export Administration Regulations: Removal of License 
Requirements for Certain Spacecraft and Related Items for Australia, 
Canada, and the United Kingdom

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: In this final rule, the Bureau of Industry and Security (BIS) 
amends the Export Administration Regulations (EAR) by removing controls 
for certain spacecraft and related items for exports and reexports to 
Australia, Canada, and the United Kingdom. These spacecraft and related 
items involve remote sensing or space-based logistics, assembly, or 
servicing. Taking into account the close relations with these three 
allied countries, including in space collaboration, as well as their 
inclusion in the National Technology and Industrial Base (NTIB), this 
final rule removes the license requirement for these countries for 
these spacecraft and related items.

DATES: This rule is effective October 23, 2024.

FOR FURTHER INFORMATION CONTACT:  For technical questions, contact 
Joseph A. Cristofaro, Director, Sensors, Aerospace and Marine Division, 
Office of National Security Controls, Bureau of Industry and Security, 
U.S. Department of Commerce, at (202)-482-2440 or by email: 
<a href="/cdn-cgi/l/email-protection#f0ba9f83958098deb3829983849f9691829fb0929983de949f93de979f86"><span class="__cf_email__" data-cfemail="85cfeaf6e0f5edabc6f7ecf6f1eae3e4f7eac5e7ecf6abe1eae6abe2eaf3">[email protected]</span></a>.
    For general questions, contact Regulatory Policy Division, Office 
of Exporter Services, Bureau of Industry and Security, U.S. Department 
of Commerce at 202-482-2440 or by email: <a href="/cdn-cgi/l/email-protection#bbe9ebff89fbd9d2c895dfd4d895dcd4cd"><span class="__cf_email__" data-cfemail="7b292b3f493b191208551f1418551c140d">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

A. National Space Council Direction To Review Space Export Controls

    On December 20, 2023, the National Space Council convened to 
discuss U.S. leadership in space. The Department of State and the 
Department of Commerce (Commerce) were subsequently tasked to ``conduct 
a review of space export controls to enable a globally competitive U.S. 
space industrial base while protecting our national security and 
foreign policy interests'' (see The White House FACT SHEET: 
Strengthening U.S. International Space Partnerships released on 
December 20, 2023). The changes being made in the final rule will 
better enable a globally competitive U.S. space industrial base while 
protecting our national security and foreign policy interests for 
exports and reexports to Australia, Canada, and the United Kingdom.

B. Commerce Response to the National Space Council Directed Review of 
Space Export Controls

    This final rule is part of Commerce's regulatory response to this 
direction from the National Space Council to review relevant export 
controls and processes to better enable a globally competitive U.S. 
space industrial base while protecting our national security and 
foreign policy interests. This final rule makes important changes to 
EAR spacecraft and related items controls to better rationalize the 
controls and facilitate collaboration with three close allies of the 
United States and participants in the NTIB (10 U.S.C. 4801(1)), namely 
Australia, Canada, and the United Kingdom. Specifically, the changes in 
this rule will better enable a globally competitive U.S. space 
industrial base while protecting our national security and foreign 
policy interests by facilitating license-free trade in certain remote 
sensing and space-based logistics, assembly, and servicing spacecraft 
and technology with these close allies.
    This final rule removes Australia, Canada, and the United Kingdom 
from the worldwide license requirement for such items and makes 
conforming changes to Export Control Classification Numbers (ECCNs) 
9A515 and 9E515. In so doing, this final rule builds upon an interim 
final rule published on April 19, 2024 (89 FR 28594), which removed 
certain license requirements for Australia and the United Kingdom, and 
more closely aligned treatment of those countries with that of Canada, 
by streamlining space commerce with all three nations. This final rule 
represents just one line of effort in Commerce's response to the 
National Space Council direction to review space export controls, 
including this final rule being published concurrently with a Commerce 
interim final rule, ``Export Administration Regulations: Revisions to 
Space-Related Export Controls'' (RIN 0694-AJ87) and a Commerce proposed 
rule ``Export Administration Regulations: Revisions to Space-Related 
Export Controls, Including Addition of License Exception Commercial 
Space Activities (CSA)'' (RIN 0694-AH66) that build on advanced notices 
of proposed rulemaking published on March 8, 2019 (84 FR 8485 and 84 FR 
8486).

II. Changes to the EAR

A. Removing Australia, Canada, and the United Kingdom, From a Worldwide 
License Requirement for Certain Spacecraft and Related Items

    In 15 CFR 742.6 (Regional stability), this final rule revises 
paragraph (a)(9) (Special RS Column 1 license requirement applicable to 
certain spacecraft and related items), which prior to this final rule 
imposed a worldwide license requirement for spacecraft and related 
items classified under ECCN 9A515.a.1, a.2, a.3, a.4, .g, and ECCN 
9E515.f. These spacecraft and related items involve remote sensing or 
space-based logistics, assembly, or servicing, and so prior to this 
final rule were subject to a worldwide license requirement, including 
for exports and reexports to Australia, Canada, and the United Kingdom. 
However, taking into account the close relations with the U.S. and 
these three allied countries, including in space collaboration as well 
as with the U.S. defense industrial base, as demonstrated by their 
inclusion in the NTIB, this final rule removes the license requirement 
for such items when destined to these countries. The removal of such 
license requirements for Australia, Canada, and the United Kingdom 
aligns the EAR's requirements with interagency licensing practice, as 
BIS has not denied a license application for such items to these three 
allied countries in the past five years.
    BIS estimates the removal of this license requirement for 
Australia, Canada, and the United Kingdom under Sec.  742.6(a)(9) will 
result in a reduction of 90 license applications being submitted to BIS 
annually.

B. Conforming Changes for Removal of License Requirement for Australia, 
Canada, and the United Kingdom

    This final rule makes two conforming changes to other parts of the 
EAR to reflect the removal of the license requirement for Australia, 
Canada, and the United Kingdom under Sec.  742.6(a)(9) for spacecraft 
and related items classified under ECCN 9A515.a.1, a.2, a.3, a.4, .g, 
and ECCN 9E515.f. Specifically, in supplement no. 1 to part 774--
Commerce Control List, this final rule revises ECCNs 9A515 and 9E515. 
This final rule revises the License Requirement Note in ECCNs 9A515 and 
9E515 to reflect that this final rule removes Australia, Canada, and 
the United Kingdom from the scope of the worldwide license requirement 
described in the License Requirement

[[Page 84767]]

Note included in each of these respective ECCNs, as described further 
in section II.A and B.
    The License Requirement Note in ECCN 9A515 specifies that the 
Commerce Country Chart in supplement no. 1 to part 738 is not used for 
determining license requirements for commodities classified in ECCN 
9A515.a.1, a.2, a.3, a.4, and .g. The License Requirement Note in ECCN 
9A515 includes a second sentence that directs exporters and reexporters 
to see Sec.  742.6(a)(9), which specifies that such commodities are 
subject to a worldwide license requirement. This final rule revises the 
second sentence of the License Requirement Note in ECCN 9A515 to add 
the phrase ``except to Australia, Canada, and the United Kingdom,'' to 
specify that exports and reexports to these countries now excluded from 
the scope of this worldwide license requirement.
    The License Requirement Note in ECCN 9E515 specifies that the 
Commerce Country Chart is not used for determining license requirements 
for ``technology'' classified ECCN 9E515.f. The License Requirement 
Note in ECCN 9E515 includes a second sentence that directs exporters 
and reexporters to see Sec.  742.6(a)(9), which specifies that such 
``technology'' is subject to a worldwide license requirement. This 
final rule revises the second sentence of the License Requirement Note 
in ECCN 9E515 to add the phrase ``except to Australia, Canada, and the 
United Kingdom,'' to specify that exports and reexports to these 
countries are now excluded from the scope of this worldwide license 
requirement.
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) (codified, as 
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for 
BIS's principal authorities and serves as the authority under which BIS 
issues this rule. In particular, and as noted elsewhere, Section 1753 
of ECRA (50 U.S.C. 4812) authorizes the regulation of exports, 
reexports, and transfers (in-country) of items subject to U.S. 
jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA (50 U.S.C. 
4813(a)(1)-(16)) authorizes, inter alia, the establishment of a list of 
controlled items; the prohibition of unauthorized exports, reexports, 
and transfers (in-country); the requirement of licenses or other 
authorizations for exports, reexports, and transfers (in-country) of 
controlled items; apprising the public of changes in policy, 
regulations, and procedures; and any other action necessary to carry 
out ECRA that is not otherwise prohibited by law. Pursuant to Section 
1762(a) of ECRA (50 U.S.C. 4821(a)), these changes can be imposed in a 
final rule without prior notice and comment.
Rulemaking Requirements
    1. Executive Orders 12866, 13563, and 14094 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, and distributive impacts and equity). 
Executive Order 13563 emphasizes the importance of quantifying both 
costs and benefits and of reducing costs, harmonizing rules, and 
promoting flexibility. This final rule has been designated as 
significant under Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person 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 (PRA) (44 U.S.C. 
3501 et seq.), unless that collection of information displays a 
currently valid Office of Management and Budget (OMB) Control Number. 
This rule involves the following OMB-approved collections of 
information subject to the PRA:
    <bullet> 0694-0088, ``Multi-Purpose Application,'' which carries a 
burden hour estimate of 29.4 minutes for a manual or electronic 
submission;
    <bullet> 0694-0096 ``Five Year Records Retention Period,'' which 
carries a burden hour estimate of less than 1 minute;
    <bullet> 0694-0122, ``Licensing Responsibilities and Enforcement;'' 
and
    <bullet> 0607-0152 ``Automated Export System (AES) Program,'' which 
carries a burden hour estimate of 3 minutes per electronic submission.
    This rule changes the respondent burden for control number 0694-
0088 by reducing the estimated number of submissions by 90, which is 
expected to reduce the current approved estimates, which will result in 
a reduction of 44 burden hours saved and cost savings to the public of 
$1,672 under this collection. The respondent burden under controls 
numbers 0694-0096 and 0607-0152 are not anticipated to change as a 
result of this final rule. Current information regarding all three 
collections of information--including all background materials--can be 
found at: https://www.reginfo.gov/public/do/PRAMain by using the search 
function to enter either the title of the collection or the OMB Control 
Number.
    3. This rule does not contain policies with federalism implications 
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action 
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553) 
requirements for notice of proposed rulemaking, opportunity for public 
participation, and delay in effective date. While section 1762 of ECRA 
provides sufficient authority for such an exemption, this action is 
also independently exempt from these APA requirements because it 
involves a military or foreign affairs function of the United States (5 
U.S.C. 553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule by 5 U.S.C. 
553, 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

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 742 and 774 of the 
Export Administration Regulations (15 CFR parts 730 through 774) are 
amended as follows:

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
1. The authority citation for part 742 continues to read as follows:

    Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117 
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O. 
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR 
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004 
Comp., p. 320; Notice of November 1, 2023, 88 FR 75475 (November 3, 
2023).

0
2. Section 742.6 is amended by revising paragraph (a)(9) to read as 
follows:

[[Page 84768]]

Sec.  742.6  Regional stability.

    (a) * * *
    (9) Special RS Column 1 license requirement applicable to certain 
spacecraft and related items. A license is required for all 
destinations, except for Australia, Canada, and the United Kingdom, for 
spacecraft and related items classified under ECCN 9A515.a.1, a.2, a.3, 
a.4, .g, and ECCN 9E515.f.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
3. The authority citation for part 774 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50 
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(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. 1824; 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.

0
4. Supplement no. 1 to part 774 is amended by revising ECCNs 9A515 and 
9E515, to read as follows:

SUPPLEMENT NO. 1 TO PART 774--THE COMMERCE CONTROL LIST

* * * * *
9A515 ``Spacecraft'' and related commodities, as follows (see List 
of Items Controlled). License Requirements
Reason for Control: NS, RS, MT, AT

 
                                              Country chart  (see Supp.
                Control(s)                       No. 1 to part 738)
 
NS applies to entire entry, except .e and   NS Column 1.
 .y.
RS applies to entire entry, except .e and   RS Column 1.
 .y.
RS applies to 9A515.e.....................  RS Column 2.
RS applies to 9A515.y, except to Russia     China, Russia or Venezuela
 for use in, with, or for the                (see Sec.   742.6(a)(7)).
 International Space Station (ISS),
 including launch to the ISS.
MT applies to microcircuits in 9A515.d and  MT Column 1.
 .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 8.41 x 10\5\ newton seconds.
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 Sec.  742.6(a)(9), which 
specifies that such commodities are subject to a worldwide license 
requirement, except to Australia, Canada, and the United Kingdom.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

LVS: $1,500
GBS: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for ``spacecraft'' in ECCNs 
9A515.a.1, a.2, a.3, or a.4, ``sub-orbital craft,'' or items in 
9A515.g, unless determined by BIS to be eligible for License 
Exception STA in accordance with Sec.  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 (Sec.  740.20(c)(2) of 
the EAR) may not be used for any item in ECCN 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 Sec.  772.1, are subject to the controls of 
this ECCN. See also ECCNs 3A001, 3A002, 3A991, 3A992, 6A002, 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 certain ``Monolithic Microwave 
Integrated Circuit'' (``MMIC'') amplifiers. 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 (in-
country) 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 (in-country) 
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 and 
``sub-orbital craft,'' 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, in-space habitats, and ``sub-orbital 
craft,'' 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 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si));
    d.2. A dose rate upset threshold of 5 x 10\8\ Rads (Si)/sec (5 x 
10\6\ Gy (Si)/sec);
    d.3. A neutron dose of 1 x 10\14\ n/cm\2\ (1 MeV equivalent);
    d.4. An uncorrected single event upset sensitivity of 1 x 
10<SUP>-10</SUP> errors/bit/day or less, for the CR[Egrave]ME-MC 
geosynchronous orbit, Solar Minimum Environment for heavy ion flux; 
and
    d.5. An uncorrected single event upset sensitivity of 1 x 
10<SUP>-10</SUP> errors/part or less for a fluence of 1 x 10\7\ 
protons/cm\2\ 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

[[Page 84769]]

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 x 10\5\ Rads (Si) (1 x 10\3\ Gy(Si)) and 
<5 x 10\5\ Rads (Si) (5 x 10\3\ 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-cm\2\/mg; or
    e.2. A total dose >=5 x 10\5\ Rads (Si) (5 x 10\3\ 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 and .z for controls on 
radiation-hardened microelectronic circuits ``subject to the EAR'' 
that are not controlled by 9A515.d or .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 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, a.2, a.3, or a.4 ``spacecraft;'' or
    g.3. Primary, secondary, or hosted payloads that perform a 
function of ECCN 9A515.a.1, a.2, a.3, or 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, .e.4 or .z, 3A002.g.1, 3A991.o, 
3A992.b.3, 6A002.a.1, .b.2, .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 and .z for controls on these items);
    x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8 
and .z 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 Sec.  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.
* * * * *
9E515 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, repair, overhaul, or 
refurbishing of ``spacecraft'' and related commodities, as follows 
(see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, RS, AT

 
                                            Country chart (see Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry except 9E515.y.  NS Column 1.
MT applies to technology for items in       MT Column 1.
 9A515.d, .e.2, .h, and 9B515.a controlled
 for MT reasons.
RS applies to entire entry except 9E515.y.  RS Column 1.
RS applies to 9E515.y, except to Russia     China, Russia, or Venezuela
 for use in, with, or for the                (see Sec.   742.6(a)(7)).
 International Space Station (ISS),
 including launch to the ISS.
AT applies to entire entry................  AT Column 1.
 

    License Requirement Note: The Commerce Country Chart is not used 
for determining license requirements for ``technology'' classified 
ECCN 9E515.f. See Sec.  742.6(a)(9), which specifies that such 
``technology'' is subject to a worldwide license requirement, except 
to Australia, Canada, and the United Kingdom.

List Based License Exceptions (See Part 740 for a Description of All 
License Exceptions)

TSR: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.  
740.20(c)(1) of the EAR) may not be used for ECCN 9E515.b, .d, .e, 
or .f unless determined by BIS to be eligible for License Exception 
STA in accordance with Sec.  740.20(g) (License Exception STA 
eligibility requests for certain 9x515 and ``600 series'' items). 
(2) Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) of 
the EAR) may not be used for any ``technology'' in ECCN 9E515.

List of Items Controlled

Related Controls: Technical data directly related to articles 
enumerated in USML Category XV are subject to the control of USML 
paragraph XV(f). See also ECCNs 3E001, 3E003, 6E001, and 6E002 for 
specific ``space-qualified'' items. See ECCNs 9E001 and 9E002 for 
technology for the International Space Station, the James Webb Space 
Telescope (JWST) and ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' ``specially designed'' therefor. See USML category 
XV(f) for controls on technical data and defense services related to 
launch vehicle integration.
Related Definitions: N/A
Items:

    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' installation, repair (including on-orbit anomaly 
resolution and analysis beyond established procedures), overhaul, or 
refurbishing of commodities controlled by ECCN 9A515 (except 
9A515.a.1, a.2, a.3, a.4, .b, .d, .e, or .g), ECCN 9B515, or 
``software'' controlled by ECCN 9D515.a.
    b. ``Technology'' ``required'' for the ``development,'' 
``production,'' failure analysis or anomaly resolution of software 
controlled by ECCN 9D515.b.
    c. [Reserved]
    d. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, failure analysis or anomaly resolution of 
commodities controlled by ECCN 9A515.d.
    e. ``Technology'' ``required'' for the ``development,'' 
``production,'' failure analysis or anomaly resolution of 
commodities controlled by ECCN 9A515.e.
    f. ``Technology'' ``required'' for the ``development,'' 
``production,'' installation, repair (including on-orbit anomaly 
resolution and analysis beyond established procedures), overhaul, or 
refurbishing of commodities controlled by ECCN 9A515.a.1, a.2, a.3, 
a.4, or .g.
    g. through x. [Reserved]
    y. Specific ``technology'' ``required'' for the ``production,'' 
``development,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities or software enumerated in 
ECCN 9A515.y or 9D515.y.
    Note 1: [Reserved]
    Note 2: Activities and technology/technical data directly 
related to or required for the spaceflight (e.g., sub-orbital, 
orbital, lunar, interplanetary, or otherwise beyond Earth orbit) 
passenger or participant experience, regardless of whether the 
passenger or participant experience is for space tourism, scientific 
or commercial research, commercial manufacturing/production 
activities, educational, media, or commercial transportation 
purposes, are not subject to the ITAR or the EAR. Such activities 
and technology/technical data include those directly related to or 
required for:
    (i) ``Spacecraft'' access, ingress, and egress, including the 
operation of all ``spacecraft'' doors, hatches, and airlocks;
    (ii) Physiological training (e.g., human-rated centrifuge 
training or parabolic flights, pressure suit or spacesuit training/
operation);

[[Page 84770]]

    (iii) Medical evaluation or assessment of the spaceflight 
passenger or participant;
    (iv) Training for and operation by the passenger or participant 
of health and safety related hardware (e.g., seating, environmental 
control and life support, hygiene facilities, food preparation, 
exercise equipment, fire suppression, communications equipment, 
safety-related clothing or headgear) or emergency procedures;
    (v) Viewing of the interior and exterior of the spacecraft or 
terrestrial mock-ups;
    (vi) Observing ``spacecraft'' operations (e.g., pre-flight 
checks, landing, in-flight status);
    (vii) Training in ``spacecraft'' or terrestrial mock-ups for 
connecting to or operating passenger or participant equipment used 
for purposes other than operating the ``spacecraft''; or
    (viii) Donning, wearing or utilizing the passenger's or 
participant's flight suit, pressure suit or spacesuit, and personal 
equipment.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-23932 Filed 10-17-24; 4:15 pm]
BILLING CODE 3510-33-P


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