84770 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Rules and Regulations 

(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 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 740, 744, 746, and 

774 

[Docket No. 241004–0264] 

RIN 0694–AJ87 

Export Administration Regulations: 

Revisions to Space-Related Export 

Controls 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Interim final rule. 

SUMMARY: In this interim final rule (IFR), 

the Bureau of Industry and Security 

(BIS) makes changes to controls for 

spacecraft and related items under the 

Export Administration Regulations 

(EAR). This IFR reduces license 

requirements on less sensitive items to 

reflect the close relations with certain 

countries to better facilitate space 

collaboration; and makes refinements 

and clarifications to existing controls. 

These changes will better enable a 

globally competitive U.S. space 

industrial base while continuing to 

protect U.S. national security and 

foreign policy interests. 

DATES: This rule is effective October 23, 

2024. Comments must be received by 

BIS no later than November 22, 2024. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal rulemaking 

portal at: www.regulations.gov. The 

regulations.gov ID for this rule is: BIS– 

2024–0031. Please refer to RIN 0694– 

AJ87 in all comments. 

All filers using the portal should use 

the name of the person or entity 

submitting the comments as the name of 

their files, in accordance with the 

instructions below. Anyone submitting 

business confidential information 

should clearly identify the business 

confidential portion at the time of 

submission, file a statement justifying 

nondisclosure and referring to the 

specific legal authority claimed, and 

provide a non-confidential version of 

the submission. 

For comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

marked ‘‘PUBLIC.’’ The file name of the 

non-confidential version should begin 

with the character ‘‘P.’’ Any 

submissions with file names that do not 

begin with either a ‘‘BC’’ or a ‘‘P’’ will 

be assumed to be public and will be 

made publicly available through https:// 

www.regulations.gov. Commenters 

submitting business confidential 

information are encouraged to scan a 

hard copy of the non-confidential 

version to create an image of the file, 

rather than submitting a digital copy 

with redactions applied, to avoid 

inadvertent redaction errors which 

could enable the public to read business 

confidential information. 

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: Joseph.Cristofaro@bis.doc.gov. 

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: 

RPD2@bis.doc.gov. 

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. As announced at 

the Council discussion, the Departments 

of State and Commerce (hereinafter, 

State and Commerce, respectively) were 

subsequently tasked to ‘‘conduct a 

review of space export controls to 

enable a globally competitive U.S. 

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). In 

response to the tasking, and pursuant to 

its authorities under the Export Control 

Reform Act (ECRA) (codified, as 

amended, at 50 U.S.C. 4801–4852), this 

IFR is being published concurrently 

with a Commerce final rule, ‘‘Export 

Administration Regulations: Removal of 

License Requirements for Certain 

Spacecraft and Related Items for 

Australia, Canada, and the United 

Kingdom’’ (0694–AJ85). This final rule 

makes important changes to the EAR’s 

controls on remote sensing and spacebased logistics, assembly, and servicing 

spacecraft and related items to better 

rationalize the controls and facilitate 

collaboration with three close allies of 

the United States (i.e., Australia, 

Canada, and the United Kingdom), as 

directed by the National Space Council 

tasking. 

This IFR builds on the space-related 

export control revisions for Australia, 

Canada, and the United Kingdom final 

rule being published concurrently with 

this IFR by further reducing the export 

control requirements on certain spacerelated items when destined to U.S. 

allies and partners (including, but not 

limited to, Australia, Canada, and the 

United Kingdom). 

BIS welcomes public comment on the 

changes made in this IFR. In addition to 

the changes made in this IFR, BIS also 

welcomes comments in response to this 

IFR for identifying any additional 

changes to the EAR’s space-related 

export controls, which commenters 

believe may enable a globally 

competitive U.S. space industrial base 

while protecting U.S. national security 

and foreign policy interests. 

This IFR is also being published 

concurrently with 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 

builds on advanced notices of proposed 

rulemaking published on March 8, 2019, 

that are discussed in section I.B. 


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B. Past Activities To Review Spacecraft 

and Related Controls Under 

Departments of State and Commerce 

Export Control Authorities 

On March 8, 2019, Commerce and 

State published two advanced notices of 

proposed rulemaking (ANPRMs) (84 FR 

8485 and 84 FR 8486, respectively) 

seeking input on potential revisions to 

export controls related to satellites and 

spacecraft under State’s International 

Traffic in Arms Regulations (ITAR) (22 

CFR parts 120–130) and the EAR. In 

public comments received in response 

to those ANPRMs and during 

subsequent export control outreach 

events and interagency meetings to 

review space and related items export 

controls, industry and interagency 

representatives proposed several 

amendments to the EAR to support 

more robust international partnerships, 

improve the consistency and clarity of 

the EAR, and ensure that whenever 

possible U.S. policies are not putting 

U.S. industries at a comparative 

disadvantage. Building on the 2019 

ANPRMs, in December 2023, as part of 

the activities of the National Space 

Council described under section I.A of 

this IFR, State and Commerce were 

tasked with conducting a review of 

space export controls to enable a 

globally competitive U.S. industrial base 

while protecting national security and 

foreign policy interests. Based on an 

initial interagency review, and pursuant 

to its authorities under ECRA, 

Commerce adopted the regulatory 

response described in section III of this 

IFR. 

In response to the Commerce ANPRM, 

BIS received 19 public comments. The 

19 comments submitted in response to 

the Commerce ANPRM consisted of 

comments from 12 major companies in 

the space industry, four trade 

associations with large representation 

from the space industry, two 

universities well known for their 

research activities in space-related 

issues, and one individual. BIS has 

reviewed these comments and used 

them to help inform interagency review 

of export controls on space and related 

items. In today’s IFR, BIS summarizes 

and responds to comments received in 

response to the Commerce ANPRM 

either with regulatory changes or in 

clarifications made in the preamble of 

this IFR to address certain comments 

that do not require regulatory changes. 

BIS also notes that a large number of 

the comments received in response to 

the Commerce ANPRM, which were 

also submitted to State in response to 

the State ANPRM, requested that 

additional defense articles be moved 

from the U.S Munitions List (USML) to 

the Commerce Control List (CCL). BIS 

considered those ITAR specific 

comments as part of the interagency 

review process that included State but 

does not further act upon them here 

because State has the statutory authority 

as delegated by the President to the 

Secretary of State to designate those 

items as defense articles and defense 

services for purposes of the ITAR. 

BIS reviewed all relevant comments 

submitted in response to the Commerce 

ANPRM and responds to them directly, 

as appropriate, in the discussion of the 

regulatory changes in section III of this 

IFR. 

II. Overview of This Interim Final Rule 

This IFR makes changes to the 

controls for spacecraft and related items 

under the EAR. ECRA (codified, as 

amended, at 50 U.S.C. 4801–4852) 

provides the legal basis for BIS’s 

principal authorities and serves as the 

authority under which BIS issues this 

rule. Section 1753(a) of ECRA (50 U.S.C. 

4812) authorizes the regulation of ‘‘(1) 

the export, reexport, and in-country 

transfer of items subject to the 

jurisdiction of the United States, 

whether by United States persons or by 

foreign persons.’’ The changes being 

made in this IFR are needed for the 

regulation of exports, reexports, and 

transfers (in-country) of spacecraft and 

related items subject to U.S. 

jurisdiction. The two sets of changes 

today’s IFR makes are described in 

section III as follows: 

A. Reducing license requirements on 

less sensitive items to reflect the close 

relations with certain countries and to 

better facilitate space collaboration with 

those countries while continuing to 

protect U.S. national security and 

foreign policy interests; and 

B. Making refinements and 

clarifications to existing controls to 

make the controls easier to understand 

(e.g., clarifying certain ECCNs or the 

applicability of a license exception). 

III. Changes to the EAR 

A. Reducing License Requirements on 

Less Sensitive Items To Reflect the 

United States’ Close Relations With 

Certain Countries and To Better 

Facilitate Space Collaboration While 

Continuing To Protect U.S. National 

Security and Foreign Policy Interests 

1. Changing Reasons for Control From 

NS1 and RS1 to NS2 and RS2 

In Export Control Classification 

Number (ECCN) 9A515, this IFR revises 

the License Requirements section under 

the NS1 and RS1 Control entries to 

exclude 9A515.x from the scope of the 

license requirements. This IFR, as a 

conforming change, also adds an NS2 

and RS2 Control for ECCN 9A515.x. The 

.x paragraphs in ECCNs serve as a catchall control for ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ for use in or with 

certain items, typically by referencing 

categories of items. These .x catch-all 

controls play an important role in the 

9x515 control structure. However, given 

the less sensitive nature of many of the 

9A515.x commodities, in particular 

when exported and reexported to U.S. 

allies and partners, and the importance 

of the items to the U.S. industrial base, 

BIS has determined it is warranted to 

take these steps to better rationalize the 

9A515.x license requirements. These 

changes in the license requirements for 

9A515.x commodities will better 

facilitate exports and reexports to U.S. 

allies, partners, and other destinations 

of less export control concern by 

reducing the 9A515.x reasons for 

control from NS1 and RS1 to NS2 and 

RS2. As described further below, any 

9A515.x items BIS determines continue 

to warrant the higher NS1 and RS1 

controls will be added to a separate 

9A515 ‘‘items’’ paragraph (i.e., new 

9A515.w or otherwise enumerated 

under 9A515) which this IFR adds and 

reserves as a placeholder to control 

commodities that warrant higher-level 

NS1 and RS1 controls. This change is 

pursuant to the Export Control Reform 

Act (ECRA) of 2018 at 50 U.S.C. 

4811(2)(C), which directs that export 

controls should be used to strengthen 

the defense industrial base. 

Any ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ that 

are determined subsequently to warrant 

NS1 and RS1 controls would be 

enumerated under a new items 

paragraph under 9A515.w or otherwise 

enumerated under 9A515 to ensure U.S. 

national security and foreign policy 

interests are protected. Because the NS1 

and RS1 controls apply to the entire 

9A515 entry, except as specified in the 

exclusions in the NS1 and RS1 controls 

paragraphs, no additional changes to the 

NS1 and RS1 controls paragraph under 

ECCN 9A515 are needed to make this 

change. 

The changes described here are also 

described in greater detail under section 

III.B.1.a through .e of this IFR where all 

the changes made to the ECCNs 

included in this IFR (i.e., 9A004, 9A515, 

9A604, 9D515, and 9E515) are 

described. 

2. Adding Additional .y Items to 9A515 

and to 9A004 

In addition to the changes described 

above in section III.A.1, this IFR 


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addresses a subset of .x items that 

warrant being added to .y paragraphs 

under ECCN 9A515. The paragraph 

(b)(1) release under the ‘‘specially 

designed’’ definition in § 772.1 and the 

special commodity classification 

(CCATS) process under § 748.3(e) 

contemplate that, either through the 

advisory opinion process or through 

U.S. Government review, additional 

items may be identified as warranting a 

downgrade in their ‘‘specially designed’’ 

control status to reflect the less sensitive 

nature of these items. Many comments 

in response to the ANPRM had 

identified various suggestions for 

certain 9A515.x commodities that 

warranted being removed from .x and 

added to 9A515.y, as well as 

recommending the same commodities, 

in many cases, as warranting also being 

identified under 9A004.y. 

BIS’s Technical Advisory Committees 

(TACs), as well as other agencies 

involved in space-related activities (e.g., 

the National Aeronautics and Space 

Administration (NASA)) assisted BIS in 

identifying the ‘‘specially designed’’ 

commodities to be added to ECCNs 

9A515.y, and 9A004.y. Consistent with 

the § 748.3(e) process, Commerce, the 

Department of Defense (Defense), and 

State concurred with the addition of 

these commodities to .y, as well as with 

the moving of certain commodities from 

9A515.x to other item paragraphs under 

ECCNs 9A515 and 9A004. Note that in 

certain cases the NS1 and RS1 license 

requirements may be retained, such as 

for commodities that may be 

subsequently moved from 9A515.x to 

new ‘‘items’’ paragraph 9A515.w, which 

this IFR reserves for future use. 

The changes described here are 

described in greater detail under 

sections III.B.1.a through .e of this IFR, 

where a description of all the changes 

made to the ECCNs (i.e., 9A004, 9A515, 

9A604, 9D515, and 9E515) is included. 

3. Adding ECCNs 9D515 and 9E515 to 

the Exclusion From License 

Requirements When the Release Is for a 

‘‘Standards-Related Activity’’ 

In § 734.10 (Patents and standardsrelated activity), this IFR adds 

paragraph (b)(1)(iv) to add references to 

‘‘software’’ that is classified under 

ECCN 9D515 (other than 9D515.d or .e); 

and ‘‘technology’’ classified under 

ECCN 9E515.a, .b, or .f (limited to 

technology for 9A515.a.4) when the 

release is for a ‘‘standards-related 

activity.’’ See §§ 734.10 and 772.1 of the 

EAR. These software and technology, 

which include space-based servicing, 

assembly, and logistics are crucial in the 

furtherance of commercial spacecraft 

flight safety (specifically for in-space 

servicing, assembly, or logistics). 

Barriers to U.S. participation in the 

development of these standards would 

be detrimental and counterproductive to 

U.S. commercial spacecraft 

development and national security 

interests. Lack of U.S. participation in 

the development of standards in this 

area would cede the development of 

international standards to foreign actors 

that may not only disregard U.S. 

commercial and national security 

interests, but actively work to 

destabilize them. Therefore, this IFR 

adds specific portions of ECCNs 9D515 

and 9E515 to this EAR provision, while 

maintaining existing controls on more 

sensitive software and technology 

related to radiation-hardened integrated 

circuits and remote sensing, consistent 

with U.S. national security and foreign 

policy interests. 

B. Making Refinements and 

Clarifications to Existing Controls 

1. Clarifications to Spacecraft and 

Related Items on the CCL 

a. ECCN 9A004 

i. Reducing license requirement from 

NS1 to NS2. This IFR revises the 

License Requirements section for ECCN 

9A004 to reduce the license requirement 

from NS1 to NS2 for 9A004.v and .x, as 

well as for new 9A004.s, which this IFR 

also adds to 9A004. 

ii. Addition of RS license requirement 

for 9A004.y. This IFR adds a new RS 

license requirement to 9A004.y to 

impose a license requirement for 

exports and reexports to China, Russia, 

or Venezuela (15 CFR 742.6(a)(7)). This 

IFR adds this RS license requirement for 

consistency with other ‘‘600 series’’ and 

9x515 ECCNs that include a .y ‘‘items’’ 

paragraph. The addition of the RS 

license requirement to 9A004.y is a 

conforming change with the license 

requirements that apply for other .y 

items in other ‘‘600 series’’ and 9x515 

ECCNs to ensure that such .y items this 

IFR adds to 9A004.y may not be 

exported or reexported to China, Russia, 

or Venezuela without a BIS 

authorization. 

iii. Clarification to relationship 

between ECCN 9A004, 9A515, and 

USML. Category IV. Paragraphs a. 

through f. of ECCN 9A004 apply to 

certain space launch vehicles, 

spacecraft, spacecraft buses, spacecraft 

payloads, on-board systems or 

equipment, and terrestrial equipment. 

They are listed in ECCN 9A004.a 

through .f in order to harmonize ECCN 

9A004 with the Wassenaar Arrangement 

Dual-Use List, even though the controls 

for these items are found under ECCN 

9A515. This IFR makes revisions to the 

License Requirement Note in ECCNs 

9A004 and 9A515 to make this 

relationship clearer and to direct 

exporters, reexporters, and transferors to 

see USML Category IV for 9A004.a. The 

License Requirement Note in ECCN 

9A004 prior to this IFR already 

specified that 9A004.b through .f, and .h 

are controlled under ECCN 9A515. This 

IFR further clarifies the relationship 

between ECCN 9A004 and 9A515 by 

specifying that the commodities 

described under 9A004.g. h, .r, .s, and 

.u through .y are controlled under ECCN 

9A004. This IFR also revises the License 

Requirement Note to ECCN 9A515 to 

add the same text as this IFR adds to the 

License Requirement Note to 9A004 as 

a new License Requirement Note (2) to 

ECCN 9A515 and redesignates the 

previous License Requirement prior to 

this rule as new License Requirement 

Note (1). This IFR describes this change 

to ECCN 9A515 here instead of the 

III.B.1.b. below where the other changes 

to 9A515 are described because this 

revised License Requirement Note has 

applicability to both 9A004 and 9A515. 

Two commenters in response to the 

Commerce ANPRM requested BIS 

provide additional clarification for the 

relationship between ECCN 9A004 and 

9A515, including clarifying the intent of 

the License Requirement Note in these 

two respective ECCNs to better assist 

exporters, reexporters, and transferors 

classifying commodities under these 

two ECCNs, as well as USML Category 

IV. This IFR revises the License 

Requirement Note to 9A004 and 9A515 

in response to these comments. BIS 

welcomes comments on these changes 

in this IFR. 

iv. Removal of N.B. in 9A004. In the 

‘‘items’’ paragraph in the List of Items 

Controlled section of ECCN 9A004, this 

IFR removes the nota bene (N.B.) 

following ‘‘items’’ paragraph .e.3 

because the USML and CCL Orders of 

Review already provide sufficient 

guidance on the scope of jurisdiction of 

the two control lists and the text of the 

nota bene should be more precise when 

referencing jurisdiction. In order to 

avoid confusion, this IFR removes this 

nota bene and this IFR directs exporters, 

reexporters, and transferors to review 

the USML Order of Review and CCL 

Order of Review, which provide precise 

guidance on determining export control 

jurisdiction and classification of an 

item. 

v. Addition of 9A004.r to clarify 

control on in-space habitats. This IFR 

adds ECCN 9A004.r to clarify that 

existing 9A004 controls in-space 

habitats, other than the International 

Space Station (ISS). This IFR also adds 

a Note 4 to 9A004.r to provide 


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additional guidance on what is 

considered an in-space habitat by 

specifying that in-space habitats are 

considered the commercial equivalent 

of a space station because it is used for 

persons conducting experiments or 

space tourism activities. 

vi. Addition of 9A004.s to clarify 

controls on certain ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments.’’ This IFR adds ECCN 

9A004.s to clarify that existing 9A004 

controls ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ that 

are ‘‘specially designed’’ for in-space 

habitats in 9A004.r and that are not 

described on the USML; described in 

ECCN 7A004 or 7A104; described in an 

ECCN containing ‘‘space-qualified’’ as a 

control criterion (refer to 9A515.x.4); or 

described in 9A001, 9A002, 9A003, or 

9A991. This IFR as a conforming change 

for the addition of 9A515.s reserves 

9A004.t. 

vii. Addition of .y paragraphs under 

y.1 through y.63. This IFR adds .y 

paragraphs y.1 through y.63 to identify 

items that would otherwise be within 

the scope of ECCN 9A004.s or .x but that 

have been identified in an interagencycleared commodity classification 

(CCATS) pursuant to § 748.3(e) as 

warranting control in 9A004.y by 

Commerce, State, and Defense or that 

have otherwise been determined by 

Commerce, State, and Defense as 

warranting control in 9A004.y. This IFR 

removes the reference to 9A004.v 

because these ‘‘specially designed’’ 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ warrant a higherlevel control than a .y entry. 

viii. Addition of Note 5 to 9A004 to 

further specify control for items 

operating on other celestial bodies. This 

IFR as a conforming change to the 

addition of Note 6 to 9A515 described 

under section III.B.b.1.viii below adds a 

new Note 5 to 9A004 to specify that an 

item, such as a rover, operating on any 

celestial body other than Earth is treated 

as if it is on Earth for classification 

purposes on the CCL. 

b. ECCN 9A515 

i. Reducing license requirement from 

NS1/RS1 to NS2/RS2 for 9A515.x. This 

IFR revises the License Requirements 

for ECCN 9A515 to reduce the license 

requirement from NS1 and RS1 to NS2 

and RS2 for 9A515.x. This IFR revises 

the NS2 and RS2 license requirement in 

the License Requirements section to 

impose a license requirement on 

9A515.x. 

ii. Adding new 9A004.r for in-space 

habitats to the exclusion from 9A515.a. 

This IFR, as a conforming change for the 

addition of 9A004.r described under 

section III.B.1.a.v, revises 9A515.a 

introductory text to add 9A004.r to the 

exclusion from 9A515.a. This exclusion 

is needed because anything described 

by new ECCN 9A004.r would have 

otherwise met the control parameter 

under 9A515.a.4 or 9A515.a.5, so this 

IFR adds this exclusion to 9A515, so 

these in-space habitats, other than the 

International Space Station, which is 

already controlled under 9A004.w, will 

be controlled under 9A004.r. 

iii. Revisions to 9A515.b for 

consistency with the Wassenaar 

Arrangement Control text under WA– 

9A4 and to provide greater clarity on the 

types of equipment classified under this 

entry. This IFR adds new introductory 

text for 9A515.b to specify this entry 

controls equipment for telemetry, 

tracking, and control, as specified under 

new ‘‘items’’ paragraphs 9A515.b.1 

(Ground control systems and training 

simulators ‘‘specially designed’’ for 

telemetry, tracking, and control of the 

‘‘spacecraft’’ controlled in paragraphs 

9A004.u or 9A515.a), b.2 (Terrestrial 

equipment ‘‘specially designed’’ for 

‘‘spacecraft’’ for any of the following 

data processing functions: under b.2.a.1 

or b.2.a.2), or b.3 (simulators ‘‘specially 

designed’’ for ‘verification of 

operational procedures’ of ‘‘spacecraft’’). 

This IFR adds this greater specificity for 

consistency with the WA–9A4 control 

list entry and to better assist persons 

classifying items under 9A515.b. To 

further assist persons classifying items 

under 9A515.b, this IFR adds a new 

Technical Note that specifies that for the 

purposes of 9A515.b.3, ‘verification of 

operational procedures’ is any of the 

following: (1) command sequence 

confirmation; (2) operational training; 

(3) operational rehearsals; or (4) 

operational analysis. 

iv. Revision to Note 1 to 9A515.d. and 

.e to simplify the cross reference to the 

USML and other ECCN reference. This 

IFR redesignates Note 1 to 9A515.d as 

Note 2 to 9A515.d and .e. This IFR also 

simplifies the text of this note to limit 

the scope to be a cross reference to 

Category XI and ECCN 3A611.f and 

remove the rest of the text. BIS 

welcomes comments from the public on 

the revisions to this note to adopt this 

more generic cross reference. 

v. Addition of 9A515.w to impose NS1 

and RS1 license requirements on 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that would have 

otherwise been classified under 9A515.x 

but warrant a more restrictive NS1 and 

RS1 license requirement. The reduction 

in the license requirement from NS1 

and RS1 to the less restrictive NS2 and 

RS2 is an important part of this IFR for 

better rationalizing the spacecraft and 

related items controls, but in order to 

reduce the license requirement on 

9A515.x, a new ‘‘items’’ paragraph 

needs to be added to identify certain 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

or ‘‘attachments’’ that still warrant the 

more restrictive NS1 and RS1 license 

requirement. Similar to the 9A515.y 

paragraphs, the ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

classified under new 9A515.w will need 

to meet the description specified under 

9A515.w, which for purposes of this IFR 

is limited to a reserved paragraph under 

9A515.w.1, which BIS intends to 

populate in the future as interagency 

decisions are made for certain ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ or 

‘‘attachments’’ that warrant the more 

restrictive NS1 and RS1 license 

requirement under 9A515.w. As the 

interagency decides that certain ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ or 

‘‘attachments’’ that are not already 

classified under another CCL entry 

following the CCL Order of Review 

warrant a lower-level control, those 

items may be downshifted to the lowerlevel 9A515.y controls. Conversely, 

when the interagency determines that a 

higher-level control is warranted, items 

may be upshifted to higher-level 

9A515.w controls. For both the 9A515.y 

and .w paragraphs, the item in question 

would need to meet the description of 

the respective .y or .w paragraph and be 

‘‘specially designed’’ in order to be 

classified under one of those ‘‘items’’ 

paragraphs. 

vi. Addition of new Note 5 to 9A515.b 

and .x and redesignation of existing 

Note to 9A515.x as Note 4 to 9A515.x. 

This IFR adds a new Note 5 to 9A515.b 

and .x to clarify the scope of controls 

over baseband units (BBU). This new 

Note 5 clarifies that for purposes of 

9A515.b and .x, a BBU means a device 

that interprets the original frequency 

range of a transmission signal. The new 

Note 5 further clarifies that these 

devices are not controlled under 

9A515.b or .x when they do not perform 

telemetry, tracking, and control (TT&C). 

This new Note 5 would assist persons 

classifying items under ECCN 9A515.b 

or .x to more easily determine whether 

a particular BBU is classified under one 

of these two ‘‘items’’ paragraphs. To 

conform with Office of the Federal 

Register drafting requirements, this IFR 

also redesignates the existing Note to 

9A515.x as Note 4 to 9A515.x, so the 

Notes will be in numerical order within 

the ECCN. 

A commenter on the Commerce 

ANPRM requested that BIS add a Note 

to 9A515.b and 9A515.x, clarifying that 

BBUs that do not perform TT&C are not 

controlled under ECCN 9A515. This 


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commenter states that BBUs that do not 

fully perform TT&C are in some cases 

being viewed as 9A515.b or .x TT&C 

ground system equipment or 

‘‘components’’ when they perform 

merely physical layer-type operations 

with no knowledge of spacecraft 

content. This commenter further states 

that there is a wide array of nonsensitive devices that can demodulate a 

telemetry carrier and modulate a 

command one. This commenter states 

that BBUs with similar limited 

functionality should not be controlled 

by 9A515.b or .x. This IFR adds new 

Note 5 to 9A515.b and .x to clarify the 

scope of controls over baseband units 

(BBU) in response to this comment. BIS 

welcomes comments on this change. 

vii. Addition of .y paragraphs under 

y.7 through y.74. This IFR adds .y 

paragraphs y.7 through y.74, along with 

making some clarifications to the 

existing 9A515.y.1 through y.6 

descriptions, to identify 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 or that have 

otherwise been determined by 

Commerce, State, and Defense as 

warranting control in 9A004.y. The 

revisions to existing 9A515.y.4 through 

.6 include removing the term space 

grade from 9A515.y.4 through 

9A515.y.6 to add other control criteria, 

which will maintain the same scope of 

controls, but do it in a way that uses 

more objective and more commonly 

used criteria for spacecraft and related 

items. 

viii. Clarification for how to classify a 

.y commodity. Two commenters in 

response to the Commerce ANPRM 

requested confirmation for whether 

persons classifying items under a .y 

paragraph would need to have access to 

an interagency-cleared commodity 

classification (CCATS) that resulted in a 

commodity being added to a .y entry on 

the CCL. No EAR changes are required 

to address these comments because the 

existing EAR provisions already address 

the questions being asked by these two 

commenters. This IFR notes here that an 

exporter, reexporter, or transferor 

classifying a commodity under a .y 

entry on the CCL does not need access 

to any related CCATS in order to 

classify an item under a .y entry. To be 

classified under a .y entry on the CCL, 

the commodity in question would need 

to meet two criteria: (1) the commodity 

meets the described control parameter 

description in a .y paragraph (e.g., 

9A515.y); and (2) the item in question 

is ‘‘specially designed’’ for a referenced 

item or category in the respective .y 

paragraph. 

For example, this IFR adds new 

9A515.y.7, which will control public 

address (PA) systems. The first part of 

the classification analysis would be to 

determine if the commodity is a public 

address (PA) system. The second part of 

the analysis would determine whether 

that PA system was ‘‘specially 

designed’’ for defense articles described 

in USML Category XV or items 

controlled by 9A515. 

If in response to a CCATS submission 

requesting a release from ‘‘specially 

designed’’ for purposes of 9A515.x, 

Commerce, State, and Defense concur 

that such a commodity may be released 

from ‘‘specially designed,’’ and that the 

person that submitted the CCATS, along 

with any other exporter, reexporter, or 

transferor that person shared the CCATS 

determination with, may rely on that 

interagency CCATS determination and 

the paragraph (b)(1) release from 

‘‘specially designed.’’ In these types of 

scenarios, BIS would subsequently 

revise the respective .y paragraph, such 

as 9A515.y in this example to add a 

description of the commodity that was 

designated as being a 9A515.y 

commodity, provided it was also 

‘‘specially designed’’ for purposes of 

that respective .y paragraph. BIS 

welcomes comments on this 

clarification in response to these 

comments submitted in response to the 

IFR. 

ix. Addition of Note 6 to 9A515 to 

further specify control for items 

operating on other celestial bodies. This 

IFR adds new Note 6 to 9A515 to 

specify that an item, such as a rover, 

operating on any celestial body other 

than Earth is treated as if it is on Earth 

for classification purposes on the CCL. 

This will clarify the control status for 

rovers and similar types of items that 

may be used on other celestial bodies, 

but otherwise generally have no special 

attributes that would warrant treating 

them differently from an export control 

perspective because the object can 

operate on Earth as well as other 

celestial bodies. 

c. ECCN 9A604 

i. Removal of ECCN 9A604.a and .b to 

clarify the jurisdictional control status 

of certain thermal batteries. This IFR 

removes ECCN 9A604.a and .b, which 

prior to this IFR included control 

parameters for certain thermal batteries. 

However, the USML also included 

control parameters for the same types of 

thermal batteries, which has resulted in 

questions from the public on the correct 

export control jurisdiction for these 

types of thermal batteries. The USML 

Order of Review and CCL Order of 

Review address such a scenario when 

there is an actual or a perceived overlap 

between the control parameters 

included on the two respective control 

lists by specifying that the USML takes 

precedence over the CCL. To remove 

any potential ambiguity regarding the 

jurisdictional status of such thermal 

batteries, this IFR removes and reserves 

9A604.a and .b. This IFR adds in ECCN 

9A604 a new Related Controls 

paragraph (3) to specify that thermal 

batteries for USML Category IV items 

are subject to the ITAR and include a 

parenthetical cross reference to see 22 

CFR 121.1, USML Category XIII for such 

thermal batteries. 

Two commenters in response to the 

Commerce ANPRM stated that the same 

thermal batteries for USML Category IV 

items are described on both the USML 

and the CCL. These two commenters 

requested that State and Commerce 

consider removing these specific types 

of thermal batteries from the USML 

Category XIII(h)(3) entry, as they are 

sufficiently controlled under ECCN 

9A604.a, and the double entry 

introduces opportunities for 

misunderstanding within industry. BIS 

agrees that the CCL parameters for 

thermal batteries in ECCN 9A604 

overlap with the control parameters in 

Category XIII(h)(3). The CCL Order of 

Review addresses this scenario with the 

USML control taking jurisdictional 

precedence over the CCL control for 

these thermal batteries. This IFR 

removes and reserves ECCN 9A604.a 

and .b to address this overlap. 

ii. Clarification to 9A604.x to add a 

cross reference to 9A604.y. This IFR 

revises 9A604.x to add a reference to 

9A604.y to exclude commodities 

described in 9A604.y from the scope of 

9A604.x. In order to be classified under 

9A604.y, the item in question would 

need to meet the description under the 

respective 9A604.y ‘‘items’’ paragraph 

and the definition of ‘‘specially 

designed.’’ Items that meet both of those 

criteria are not classified under 

9A604.x. 

iii. Addition of 9A604.y.1 paragraph 

under y. 

This IFR adds .y paragraph y.1 

(‘‘Parts’’ and minor ‘‘components’’ for 

landing leg assemblies) to identify 

specific ‘‘parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ 

‘‘specially designed’’ for a commodity 

subject to control in this entry, ECCN 

9A604, or for a defense article in USML 

Category IV and not elsewhere specified 

on the USML or on the CCL, and other 

commodities, as follows, and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 


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therefor. To comply with Office of 

Federal Register (OFR) drafting 

requirements, this IFR also reserves 

paragraph y.2. 

This IFR, as a conforming change to 

the addition of 9A604.y, revises the 

License Requirements section under 

9A604, to add an RS control for 9A604.y 

that applies to China, Russia, or 

Venezuela (see 15 CFR 742.6(a)(7)). This 

IFR also adds this RS license 

requirement for consistency with other 

‘‘600 series’’ and 9x515 ECCNs that 

include a .y ‘‘items’’ paragraph. The 

addition of the RS license requirement 

to 9A604.y is a conforming change with 

the license requirements that apply for 

other .y items in other ‘‘600 series’’ and 

9x515 ECCNs to ensure that such .y 

items this IFR adds to 9A604.y may not 

be exported or reexported to China, 

Russia, or Venezuela without a BIS 

authorization. BIS welcomes comments 

identifying any major ‘‘components’’ for 

landing leg assemblies or certain 

landing leg assemblies that may warrant 

consideration for adding to 9A604.y.1. 

d. ECCN 9D515 

i. Excluding the new 9D515.x from the 

NS1 and RS1 license requirement and 

adding a license requirement for NS2 

and RS2 to 9D515.x. This IFR revises 

the License Requirements for ECCN 

9D515 to add an exclusion for the new 

9D515.x from the license requirement 

for NS1 and RS1 in the License 

Requirements section. This IFR, as a 

conforming change, also revises the NS2 

and RS2 license requirement in the 

License Requirements section to impose 

a license requirement on 9D515.x. 

ii. Addition of 9D515.x. This IFR adds 

a new 9D515.x to control ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, failure analysis or anomaly 

resolution of commodities controlled by 

ECCN 9A515.x. A ‘‘software’’ control for 

9A515.x was intended for 9D515.x, but 

prior to this IFR was not included. 

Other ‘‘items’’ paragraphs of 9D515 may 

have already controlled such 

‘‘software,’’ but to make it more explicit 

and easier for persons classifying the 

‘‘software’’ under this ECCN, this IFR 

adds this new 9D515.x. As a conforming 

change for the addition of new 9D515.x, 

this IFR reserves ‘‘items’’ paragraphs f. 

through w. under 9D515. 

e. ECCN 9E515 

i. Excluding the new 9E515.x from the 

NS1 and RS1 license requirement and 

adding a license requirement for NS2 

and RS2 to 9E515.x. This IFR revises the 

License Requirements for ECCN 9E515 

to add an exclusion for new 9E515.x 

from the license requirement for NS1 

and RS1. This IFR also revises the 

license NS2 and RS2 license 

requirement in the License 

Requirements section to impose a 

license requirement on 9E515.x to 

ensure an appropriate control will be in 

place to protect U.S. national security 

and foreign policy interests for this 

technology. 

ii. Addition of 9E515.x. This IFR adds 

a new 9E515.x to control ‘‘technology’’ 

‘‘required’’ for the ‘‘development,’’ 

‘‘production,’’ operation, failure 

analysis or anomaly resolution of 

commodities controlled by ECCN 

9A515.x. As a conforming change for 

the addition of new 9E515.x, this IFR 

reserves ‘‘items’’ paragraphs g. through 

.w under 9E515. 

iii. Request to narrow the scope of 

‘‘technology’’ controlled under 9E515. A 

commenter in response to the 

Commerce ANPRM requested that BIS 

limit the control on repair technology 

under ECCN 9E515 to things like 

‘‘investigations into’’ anomalies and 

exclude specific operations in response 

to those anomalies. This IFR notes here 

that these types of classification 

questions are addressed by reviewing 

the definition of ‘‘required,’’ which 

refines the scope of the control to what 

‘‘technology’’ is intended to be 

controlled under a particular technology 

entry. BIS does not believe any 

regulatory changes are needed to 

address this comment, but BIS 

welcomes comments on this 

clarification that reviewing the 

definition of ‘‘required’’ sufficiently 

addresses this comment. 

2. Specifying the BIS Determination 

That Space Act Agreements (SAA) to 

Which the National Aeronautics Space 

Agency (NASA) is a Party Meet the 

Criteria Under License Exception GOV 

Under § 740.11(b)(2)(ii) and (b)(2)(iii)(B) 

and (C) 

In § 740.11 (Governments, 

international organizations, 

international inspections under the 

Chemical Weapons Convention, and the 

International Space Station (GOV)), this 

IFR revises the paragraph (b)(1) (Scope) 

by adding a new sentence at the end of 

that paragraph to specify that for 

purposes of paragraphs (b)(2)(ii) and 

(b)(2)(iii)(B) and (C) of that section, BIS 

has determined that an SAA to which 

NASA is a party meets the criteria of 

these three paragraphs for being 

‘authorized by law and subject to 

control by the President by other 

means.’ 

3. Clarification on Shipments to Launch 

Platforms Located in International 

Waters 

In § 744.7 (Restrictions on certain 

exports to and for the use of certain 

foreign vessels or aircraft) this IFR adds 

a new Note 1 to paragraph (a) to clarify 

that a shipment or transmission of items 

to a launch platform or facility in 

international waters is treated as an 

‘‘export’’ or ‘‘reexport’’ to the country or 

countries the platform or facility is 

owned by, controlled by, or being 

operated on behalf of. 

Public comments in response to the 

Commerce ANPRM noted that launches 

from platforms in international waters 

are now possible and will likely 

increase in the future, as well as other 

space-related launch activities in 

international waters. The comments 

asked for BIS to clarify how shipments 

to international waters would be treated, 

in particular for countries of concern, 

such as those destinations identified in 

Country Groups D:1, D:4, or D:5. This 

IFR addresses this issue by adding new 

Note 1 to paragraph (a), which imposes 

a license requirement under § 744.7 

based on the underlying CCL-based 

license requirement that does require a 

license for all 9x515, 9A004, and 9A604 

items when exported or reexported to a 

Country Group D:1, D:4, or D:5 country, 

as well as to most other destinations. 

BIS welcomes comments from the 

public on the scope of this Note to 

paragraph (a). 

One commenter in response to the 

Commerce ANPRM requested additional 

guidance be provided for how launch, 

landing and related activities that occur 

in the ocean are addressed under the 

EAR. This commenter noted that the 

EAR does not clearly identify where in 

the ocean the United States begins and 

ends, making it difficult to determine 

what constitutes an ‘‘export’’ when 

spacecraft and related items subject to 

the EAR are moved into the ocean for 

launching or landing a rocket or 

spacecraft. In addition, if a U.S. person 

owns and remains in possession and 

control of such items when taking them 

from U.S. soil into the ocean, the 

current regulations still appear to 

require a license, even if there is no 

foreign person involvement. This IFR 

notes here that the definition of ‘‘United 

States’’ in § 772.1 of the EAR defines 

what is considered the ‘‘United States’’ 

for purposes of the EAR, along with the 

definition of ‘‘export’’ in § 734.13 

(Export). To address ‘‘exports’’ to 

international waters, this IFR makes 

revisions to § 744.7, which are 

responsive to this comment requesting 

additional clarification for how such 


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‘‘exports’’ are controlled under the EAR. 

BIS notes here that the clarification 

addresses this issue primarily as it 

relates to spacecraft and related items. 

BIS welcomes comments on this change, 

including whether commenters believe 

any additional clarifications should be 

made to the EAR to address these 

‘‘exports,’’ as well as ‘‘reexports,’’ to 

international waters scenarios. 

4. Addition of License Exception GOV 

Paragraph (e) Eligibility for ECCN 

9A004 When Needed in Russia on Short 

Notice for Launch to the International 

Space Station (ISS) 

This IFR revises § 746.8(c)(2)(ii) of the 

Russian and Belarus sanctions that 

specifies that License Exception GOV 

under § 740.11(b) may overcome the 

license requirements in paragraphs 

(a)(1), (2), and (4) through (7) of § 746.8. 

This IFR adds a sentence to the end of 

this paragraph to specify that License 

Exception GOV under § 740.11(e) may 

overcome the license requirements in 

paragraphs (a)(1) and (2) of § 746.8 for 

ECCN 9A004. This IFR adds this 

additional license exception eligibility 

by taking into account the current 

exclusion in the RS control in 9A004 

that excludes these 9A004.y 

commodities from the RS license 

requirement for Russia when the 

commodities are for use in, with, or for 

the International Space Station (ISS), 

including launch to the ISS, as well as 

this IFR adding more commodities to 

ECCN 9A004.y. When these ECCN 

9A004 commodities are needed to be 

exported or reexported to or transferred 

within Russia on short notice for launch 

to the ISS and the export, reexport, or 

transfer (in-country) is not otherwise 

restricted under the general restrictions 

under § 740.2 and meets all of the 

applicable requirements of § 740.11(e), 

authorizing these exports, reexports, 

and transfers (in-country) are consistent 

with U.S. national security and foreign 

policy interests. 

Savings Clause 

For the changes being made in this 

interim final rule, shipments of items 

removed from eligibility for a License 

Exception or export, reexport, or 

transfer (in-country) without a license 

(NLR) as a result of this regulatory 

action that were en route aboard a 

carrier to a port of export, reexport, or 

transfer (in-country), on [INSERT DATE 

OF PUBLICATION IN THE Federal 

Register], pursuant to actual orders for 

export, reexport, or transfer (in-country) 

to or within a foreign destination, may 

proceed to that destination under the 

previous eligibility for a License 

Exception or export, reexport, or 

transfer (in-country) without a license 

(NLR), provided the export, reexport, or 

transfer (in-country) is completed no 

later than on November 22, 2024. 

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: 

(1) the establishment of a list of 

controlled items; (2) the prohibition of 

unauthorized exports, reexports, and 

transfers (in-country); (3) the 

requirement of licenses or other 

authorizations for exports, reexports, 

and transfers (in-country) of controlled 

items; (4) the apprising of the public of 

changes in policy, regulations, and 

procedures; and (5) 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 

proposed rule has been designated a 

‘‘significant regulatory action’’ 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 (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 rule 

involves the following OMB-approved 

collections of information subject to the 

PRA: 

• 0694–0088, ‘‘Multi-Purpose 

Application,’’ which carries a burden 

hour estimate of 29.4 minutes for a 

manual or electronic submission; 

• 0694–0096, ‘‘Five Year Records 

Retention Period,’’ which carries a 

burden hour estimate of less than 1 

minute; 

• 0694–0122, ‘‘Licensing 

Responsibilities and Enforcement;’’ and 

• 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 400, which is expected 

to reduce the current approved 

estimates, which will result in a 

reduction of 196 burden hours saved 

and cost savings to the public of $7,448 

under this collection. The respondent 

burden under controls numbers 0694– 

0096 and 0607–0152 are not anticipated 

to change as a result of this interim 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)). 


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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 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research, 

Science and technology. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 744 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

15 CFR Parts 746 and 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 734, 740, 744, 746, and 

774 of the Export Administration 

Regulations (15 CFR parts 730 through 

774) are amended as follows: 

PART 734—SCOPE OF THE EXPORT 

ADMINISTRATION REGULATIONS 

■ 1. The authority citation for part 734 

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.; E.O. 

12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 

950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 

Comp., p. 219; E.O. 13026, 61 FR 58767, 3 

CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 

44025, 3 CFR, 2001 Comp., p. 783; E.O. 

13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 

223; Notice of November 1, 2023, 88 FR 

75475. 

■ 2. Section 734.10 is amended by: 

■ a. By removing the word ‘‘and’’ at the 

end of paragraph (b)(1)(iii) and adding 

in its place the word ‘‘or’’; and 

■ b. Adding paragraph (b)(1)(iv) to read 

as follows: 

§ 734.10 Patents and standards-related 

activity. 

* * * * * 

(b) * * * 

(1) * * * 

(iv) ‘‘Software’’ that is classified 

under ECCN 9D515 (other than 9D515.d 

or .e); and ‘‘technology’’ classified under 

ECCN 9E515.a, .b, or .f (limited to 

technology for 9A515.a.4), when the 

release is for a ‘‘standards-related 

activity;’’ and 

* * * * * 

PART 740—LICENSE EXCEPTIONS 

■ 3. The authority citation for part 740 

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. 

7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 

1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783. 

■ 4. Section 740.11 is amended by 

adding a new sentence at end of 

paragraph (b)(1) to read as follows: 

§ 740.11 Governments, international 

organizations, international inspections 

under the Chemical Weapons Convention, 

and the International Space Station (GOV). 

* * * * * 

(b) * * * 

(1) * * * For purposes of paragraphs 

(b)(2)(ii), (b)(2)(iii)(B) and (C) of this 

section, BIS has determined that a Space 

Act Agreement (SAA) to which the 

National Aeronautics Space Agency 

(NASA) is a party meets the criteria of 

these paragraphs for being authorized by 

law and subject to control by the 

President by other means. 

* * * * * 

PART 744—CONTROL POLICY: END– 

USER AND END–USE BASED 

■ 5. The authority citation for part 744 

is revised 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; 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. 13099, 63 FR 

45167, 3 CFR, 1998 Comp., p. 208; E.O. 

13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 

783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 

Comp., p. 786; Notice of November 8, 2022, 

87 FR 68015, 3 CFR, 2022 Comp., p. 563; 

Notice of September 18, 2024, 89 FR 77011 

(September 20, 2024). 

■ 6. Section 744.7 is amended by adding 

Note 1 to paragraph (a) to read as 

follows: 

§ 744.7 Restrictions on certain exports to 

and for the use of certain foreign vessels 

or aircraft. 

(a) * * * 

Note 1 to paragraph (a): A shipment or 

transmission of items to a launch platform or 

facility in international waters is an ‘‘export’’ 

or ‘‘reexport’’ to the country or countries the 

platform or facility is owned by, controlled 

by, or being operated on behalf of. 

* * * * * 

PART 746—EMBARGOES AND OTHER 

SPECIAL CONTROLS 

■ 7. The authority citation for 15 CFR 

part 746 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. 

287c; Sec 1503, Pub. L. 108–11, 117 Stat. 559; 

22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 

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

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 66 FR 44025, 3 

CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 

26751, 3 CFR, 2004 Comp., p 168; 

Presidential Determination 2003–23, 68 FR 

26459, 3 CFR, 2004 Comp., p. 320; 

Presidential Determination 2007–7, 72 FR 

1899, 3 CFR, 2006 Comp., p. 325; Notice of 

May 8, 2024, 89 FR 40355 (May 9, 2024). 

■ 8. Section 746.8 is amended by 

revising paragraph (c)(2)(ii) to read as 

follows: 

§ 746.8 Sanctions against Russia and 

Belarus. 

(c) * * * 

(2) * * * 

(ii) License Exception GOV 

(§ 740.11(b) of the EAR) may overcome 

the license requirements in paragraphs 

(a)(1), (2), and (4) through (7) of this 

section. License Exception GOV under 

(§ 740.11(e) of the EAR) may overcome 

the license requirements in paragraphs 

(a)(1) and (2) of this section for ECCN 

9A004. 

* * * * * 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 9. 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. 

■ 10. Supplement no. 1 to part 774 is 

amended by revising ECCNs 9A004, 

9A515, 9A604, 9D515, 9E515, to read as 

follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

9A004 Space launch vehicles and 

‘‘spacecraft,’’ ‘‘spacecraft buses,’’ 

‘‘spacecraft payloads,’’ ‘‘spacecraft’’ onboard systems or equipment, terrestrial 

equipment, and air-launch platforms, 

and ‘‘sub-orbital craft,’’ as follows (see 

List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT 


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Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

NS applies to 9A004 .g, 

.r, .u, and .w.

NS Column 1. 

NS applies to 9A004.s, 

.v, and .x.

NS Column 2. 

RS applies to 9A004.y ... China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 

AT applies to 9A004.g, 

.s, .u, .v, .w, .x, and .y.

AT Column 1. 

License Requirement Note: ECCN 9A004.a 

through .f apply to certain space launch 

vehicles, spacecraft, spacecraft buses, 

spacecraft payloads, on-board systems or 

equipment, and terrestrial equipment. They 

are described in ECCN 9A004.a through .f in 

order to harmonize 9A004 with the 

Wassenaar Arrangement Dual-Use List, even 

though the controls for these items are found 

under ECCN 9A515 and direct exporters, 

reexporters, and transferors to see USML 

Category IV for 9A004.a. See UMSL Category 

IV for 9A004.a. See ECCN 9A515 for 9A004.b 

through .f, and .h. See this ECCN 9A004 for 

.g, .h, .r, and .u through .y. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: (1) See also 9A104, 9A515, 

and 9B515. (2) See ECCNs 9E001 

(‘‘development’’) and 9E002 

(‘‘production’’) for technology for items 

controlled by this entry. (3) See USML 

Categories IV for the space launch vehicles 

and XV for other spacecraft that are 

‘‘subject to the ITAR.’’ 

Related Definition: N/A 

Items: 

a. Space launch vehicles. 

b. ‘‘Spacecraft.’’ 

c. ‘‘Spacecraft buses.’’ 

d. ‘‘Spacecraft payloads’’ incorporating 

items specified by 3A001.b.1.a.4 or z (if also 

described in 3A001.b.1.a.4), 3A002.g, 

5A001.a.1, .b.3, 5A002.c, z.3 or z.8, .e, z.5, 

6A002.a.1, a.2, .b, .d, 6A003.b, 6A004.c, .e, 

6A008.d, .e, .k, .l or 9A010.c. 

e. On-board systems or equipment, 

‘‘specially designed’’ for ‘‘spacecraft’’ and 

having any of the following functions: 

e.1. ‘Command and telemetry data 

handling;’ 

Note 1 to 9A004.e.1: For the purpose of 

9A004.e.1, ‘command and telemetry data 

handling’ includes bus data management, 

storage, and processing. 

e.2. ‘Payload data handling;’ or 

Note 2 to 9A004.e.2: For the purpose of 

9A004.e.2, ‘payload data handling’ includes 

payload data management, storage, and 

processing. 

e.3. ‘Attitude and orbit control;’ 

Note 3 to 9A004.e.3: For the purpose of 

9A004.e.3, ‘attitude and orbit control’ 

includes sensing and actuation to determine 

and control the position and orientation of a 

‘‘spacecraft.’’ 

f. Terrestrial equipment specially designed 

for ‘‘spacecraft,’’ as follows: 

f.1. Telemetry and telecommand 

equipment ‘‘specially designed’’ for any of 

the following data processing functions: 

f.1.a. Telemetry data processing of frame 

synchronization and error corrections, for 

monitoring of operational status (also known 

as health and safe status) of the ‘‘spacecraft 

bus;’’ or 

f.1.b. Command data processing for 

formatting command data being sent to the 

‘‘spacecraft’’ to control the ‘‘spacecraft bus;’’ 

f.2. Simulators ‘‘specially designed’’ for 

‘verification of operational procedures’ of 

‘‘spacecraft’’. 

Technical Note: For the purposes of 

9A004.f.2, ‘verification of operational 

procedures’ is any of the following: 

1. Command sequence confirmation; 

2. Operational training; 

3. Operational rehearsals; or 

4. Operational analysis. 

g. ‘‘Aircraft’’ ‘‘specially designed’’ or 

modified to be air-launch platforms for space 

launch vehicles or ‘‘sub-orbital craft.’’ 

h. ‘‘Sub-orbital craft.’’ 

i. through q. [Reserved] 

r. In-space habitats, other than the 

International Space Station (ISS). 

Note 4 to 9A004.r: In-space habitats are 

considered the commercial equivalent of a 

space station because it is used for persons 

conducting experiments or space tourism 

activities. 

s. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for in-space habitats in 9A004.r 

and that are NOT: 

s.1. Described on the USML; 

s.2. Described in ECCN 7A004 or 7A104; 

s.3. Described in an ECCN containing 

‘‘space-qualified’’ as a control criterion (refer 

to 9A515.x.4); or 

s.4 Described in 9A001, 9A002, 9A003, 

9A515, or 9A991. 

t. [Reserved] 

u. The James Webb Space Telescope 

(JWST) being operated under the supervision 

of the U.S. National Aeronautics and Space 

Administration (NASA). 

v. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for the James Webb Space 

Telescope and that are NOT: 

v.1. Described on the USML; 

v.2. Microelectronic circuits; 

v.3. Described in ECCN 7A004 or 7A104; 

or 

v.4. Described in an ECCN containing 

‘‘space-qualified’’ as a control criterion (refer 

to 9A515.x.4). 

w. The International Space Station being 

operated under the supervision of the U.S. 

National Aeronautics and Space 

Administration. 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for the International Space Station. 

y. Items that would otherwise be within 

the scope of ECCN 9A004.s or .x but that 

have been identified in an interagencycleared commodity classification (CCATS) 

pursuant to § 748.3(e) as warranting control 

in 9A004.y. 

y.1. Discrete electronic components not 

specified in 9A515.e; 

y.2. Thermistors for spacecraft 

applications; 

y.3. RF microwave bandpass ceramic filters 

(e.g., Dielectric Resonator Bandpass Filters); 

y.4. Hall effect sensors for spacecraft 

applications; 

y.5. Subminiature (SMA and SMP) plugs 

and connectors, TNC plugs and cable and 

connector assemblies with SMA plugs and 

connectors for spacecraft applications; 

y.6. Flight cable assemblies for spacecraft 

applications; 

y.7. Public address (PA) systems; 

y.8. Audio selector panels; 

y.9. Spacecraft crew, passenger, or 

participant lavatories and body waste 

management systems; 

y.10. Spacecraft crew, passenger, or 

participant hygiene facilities and systems; 

y.11. Spacecraft crew, passenger, or 

participant crew rest equipment or sleeping 

quarters; 

y.12. Spacecraft crew, passenger, or 

participant galleys or food preparation or 

serving systems; 

y.13. Spacecraft crew, passenger, or 

participant entertainment systems; 

y.14. Spacecraft crew, passenger, or 

participant exercise systems; 

y.15. Spacecraft crew, passenger, or 

participant laundry systems; 

y.16. Spacecraft crew, passenger, or 

participant safety systems not including 

launch abort systems/launch escape systems, 

ejector seats, spacesuits, flight suits, helmets, 

or parts and components therefor; 

y.17. Spacecraft crew, passenger, or 

participant storage units, facilities, or 

systems (for items related to human safety, 

welfare, and health); 

y.18. Spacecraft crew, passenger, or 

participant medical facilities or healthrelated systems for monitoring, evaluating, or 

assessing, or for providing treatments; 

y.19. Spacecraft crew, passenger, or 

participant information systems (e.g., 

personal laptops and phones); 

y.20. Name plates, identification plates, 

and identification systems; 

y.21. Internal, external, and emergency 

lighting systems; 

y.22. Humidity and CO2 removal systems; 

y.23. Potable water storage systems; 

y.24. Water regeneration systems; 

y.25. Air filters, filter networks, or air 

quality systems; 

y.26. Space heaters, temperature sensors, 

or thermostats for human habitation; 

y.27. Environmental control systems for 

human habitation; 

y.28. Spacecraft environmental control 

systems (e.g., air conditioner, air distribution, 

air filtration and sanitation, CO2 removal, 

cabin pressure control, dehumidifier, fire 

suppression system, nitrogen oxygen 

recharge system, heater systems, 

thermostats); 

y.29. Plant growth systems; 

y.30. Fire extinguishers; 

y.31. Flame, smoke, or CO2 detectors; 

y.32. Fire suppression systems; 

y.33. Spacecraft crew, passenger, or 

participant seats and parts and components; 

y.34. Spaceflight crew, passenger, or 

participant ejection seat mounted survival 

aids; 

y.35. Spaceflight crew, passenger, or 

participant life rafts; 


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y.36. Spacecraft crew, passenger, or 

participant locator beacons; 

y.37. Spacecraft crew, passenger, or 

participant mirrors; 

y.38. Spacecraft crew, passenger, or 

participant windows; 

y.39. Spacecraft locator beacons; 

y.40. Viewing windows on non-crewed 

spacecraft; 

y.41. Hydraulic, pneumatic, oil, fuel, gas, 

propellant, fluid, and thermal control fluid 

reservoirs, filters, filter assemblies, tubing, 

lines, hoses, check valves, and quick 

disconnects, and associated fittings, 

couplings, clamps, brackets, adapters, valves, 

gaskets, and shims; 

y.42. Gauges and indicators; 

y.43. Filtered and unfiltered panel knobs, 

indicators, annunciator panels, switches, 

buttons and dials; 

y.44. Energy dissipating pads for cargo or 

crew; 

y.45. Bracket adapters for bus and payload 

structures; 

y.46. Latches and hinges; 

y.47. Boom assemblies; 

y.48. Multiplexor and Demultiplexors 

(MUX & DEMUX); 

y.49. Switches, switch bank assemblies, 

beam select switches, transfer switch 

assemblies, switch matrices, thermal 

switches; 

y.50. Magnetic torque bars; 

y.51. Filters, filter networks; 

y.52. Network switches; 

y.53. Antenna feed horns; 

y.54. Diplexers, modulators, demodulators; 

y.55. Backshells, pins, and contacts; 

y.56. Measurement devices; 

y.57. Non Propulsive landing systems (e.g., 

skids, inflatable); 

y.58. Electrical connectors; 

y.59. Electric fans; 

y.60. Microphones; 

y.61. Speakers; 

y.62. Circuit breakers; and 

y.63. Printed circuit boards. 

Note 5 to 9A004: An item operating on any 

celestial body other than Earth is treated as 

if it is on Earth for classification purposes on 

the CCL. 

* * * * * 

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, .x, 

and .y.

NS Column 1. 

RS applies to entire 

entry, except .e, .x, 

and .y.

RS Column 1. 

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 8.41 × 105 newton seconds.

MT Column 1. 

NS applies to 9A515.x ... NS Column 2. 

RS applies to 9A515.e 

and .x.

RS Column 2. 

RS applies to 9A515.y ... China, Russia or Venezuela (see 

§ 742.6(a)(7)). 

AT applies to entire entry AT Column 1. 

License Requirement Notes: 

(1) 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)(9), which 

specifies that such commodities are subject 

to a worldwide license requirement, except to 

Australia, Canada, and the United Kingdom. 

(2) ECCN 9A004.a through .f apply to 

certain space launch vehicles, spacecraft, 

spacecraft buses, spacecraft payloads, onboard systems or equipment, and terrestrial 

equipment. They are listed in ECCN 9A004.a 

through .f in order to harmonize 9A004 with 

the Wassenaar Arrangement Dual-Use List, 

even though the controls for these items are 

found under ECCN 9A515 and to direct 

exporters, reexporters, and transferors to see 

USML Category IV for 9A004.a. See UMSL 

Category IV for 9A004.a. See ECCN 9A515 for 

9A004.b through .f, and .h. See this ECCN 

9A004 for .g, .h, .r, .s, and .u through .y. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1500 

GBS: 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 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 

§ 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 described 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 described on 

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, 

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 (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 and ‘‘sub-orbital craft,’’ 

whether designated developmental, 

experimental, research or scientific, not 

described in USML Category XV or described 

in ECCN 9A004.r, .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; 


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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 1 to 9A515: ECCN 9A515.a includes 

commercial communications satellites, 

remote sensing satellites, ‘‘sub-orbital craft,’’ 

and planetary and interplanetary probes, not 

identified in ECCN 9A004 or USML Category 

XV(a). 

b. Equipment for telemetry, tracking, and 

control, as follows: 

b.1. Ground control systems and training 

simulators ‘‘specially designed’’ for 

telemetry, tracking, and control of the 

‘‘spacecraft’’ controlled in paragraphs 

9A004.u or 9A515.a; 

b.2. Terrestrial equipment ‘‘specially 

designed’’ for ‘‘spacecraft,’’ as follows: 

b.2.a. Telemetry and telecommand 

equipment ‘‘specially designed’’ for any of 

the following data processing functions: 

b.2.a.1. Telemetry data processing of frame 

synchronization and error corrections, for 

monitoring of operational status (also known 

as health and safe status) of the ‘‘spacecraft 

bus;’’ or 

b.2.a.2. Command data processing for 

formatting command data being sent to the 

‘‘spacecraft’’ to control the ‘‘spacecraft bus;’’ 

b.2.b. [Reserved] 

b.3. Simulators ‘‘specially designed’’ for 

‘verification of operational procedures’ of 

‘‘spacecraft.’’ 

Technical Note: For the purposes of 

9A515.b.3, ‘verification of operational 

procedures’ is any of the following: 

1. Command sequence confirmation; 

2. Operational training; 

3. Operational rehearsals; or 

4. Operational analysis. 

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¥10 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 described in 

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 2 to 9A515.d and .e: See USML 

Category XI for military electronics. See 

3A611.f for PLDs and ASICs programmed for 

600 series items. 

Note 3 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 greater than or equal 

to 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] 

w. ‘‘Parts,’’ ‘‘components,’’ ‘‘accessories,’’ 

and ‘‘attachments’’ that would otherwise be 

within the scope of ECCN 9A515.x but that 

have been identified by the interagency as 

warranting control in 9A515.w, as follows: 

w.1. [Reserved] 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for defense articles described in 

USML Category XV or items controlled by 

9A515, and that are NOT: 

x.1. Described on 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 4 to 9A515.x: ‘‘Parts,’’ ‘‘components,’’ 

‘‘accessories,’’ and ‘‘attachments’’ described 

on the USML, either in Category XV(e) or 

elsewhere, are subject to the ITAR. 

Note 5 to 9A515.b and .x: This note 

clarifies the scope of controls over baseband 

units (BBU). For purposes of 9A515.b and .x, 

a BBU means a device that interprets the 

original frequency range of a transmission 

signal. These devices are not controlled 

under 9A515.b or .x when they do not 

perform telemetry, track, and control. 

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. Thermistors for spacecraft 

applications; 

y.3. RF microwave bandpass ceramic filters 

(e.g., Dielectric Resonator Bandpass Filters); 

y.4. Hall effect sensors for spacecraft 

applications; 

y.5. Subminiature (SMA and SMP) plugs 

and connectors, TNC plugs and cable and 

connector assemblies with SMA plugs and 

connectors for spacecraft applications; 

y.6. Flight cable assemblies for spacecraft 

applications; 

y.7. Public address (PA) systems; 

y.8. Audio selector panels; 

y.9. Spacecraft crew, passenger, or 

participant lavatories and body waste 

management systems; 

y.10. Spacecraft crew, passenger, or 

participant hygiene facilities and systems; 

y.11. Spacecraft crew, passenger, or 

participant crew rest equipment or sleeping 

quarters; 

y.12. Spacecraft crew, passenger, or 

participant galleys or food preparation or 

serving systems; 

y.13. Spacecraft crew, passenger, or 

participant entertainment systems; 

y.14. Spacecraft crew, passenger, or 

participant exercise systems; 

y.15. Spacecraft crew, passenger, or 

participant laundry systems; 

y.16. Spacecraft crew, passenger, or 

participant safety systems, not including 

launch abort systems/launch escape systems, 

ejector seats, spacesuits, flight suits, helmets, 

or ‘‘parts’’ and ‘‘components’’ therefor; 

y.17. Spacecraft crew, passenger, or 

participant storage units, facilities, or 

systems (for items related to human safety, 

welfare, and health); 

y.18. Spacecraft crew, passenger, or 

participant medical facilities or healthrelated systems for monitoring, evaluating, or 

assessing, or for providing treatments; 

y.19. Spacecraft crew, passenger, or 

participant information systems (e.g., 

personal laptops and phones); 

y.20. Name plates, identification plates, 

and identification systems; 

y.21. Internal, external, and emergency 

lighting systems; 

y.22. Humidity and CO2 removal systems; 

y.23. Potable water storage systems; 

y.24. Water regeneration systems; 

y.25. Air filters, filter networks, or air 

quality systems; 

y.26. Space heaters, temperature sensors, 

or thermostats for human habitation; 

y.27. Environmental control systems for 

human habitation; 

y.28. Spacecraft environmental control 

systems (e.g., air conditioner, air distribution, 

air filtration and sanitation, CO2 removal, 


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cabin pressure control, dehumidifier, fire 

suppression system, nitrogen oxygen 

recharge system, heater systems, 

thermostats); 

y.29. Plant growth systems; 

y.30. Fire extinguishers; 

y.31. Flame, smoke, or CO2 detectors; 

y.32. Fire suppression systems; 

y.33. Spacecraft crew, passenger, or 

participant seats, other than ejection seats, 

and ‘‘parts’’ and ‘‘components;’’ 

y.34. Spaceflight crew, passenger, or 

participant ejection seat mounted survival 

aids; 

y.35. Spaceflight crew, passenger, or 

participant life rafts; 

y.36. Spacecraft crew, passenger, or 

participant locator beacons; 

y.37. Spacecraft crew, passenger, or 

participant mirrors; 

y.38. Spacecraft crew, passenger, or 

participant windows; 

y.39. Spacecraft locator beacons; 

y.40. Viewing windows on non-crewed 

spacecraft; 

y.41. Temperature sensors and pressure 

transducers; 

y.42. Thermal control pumps, 

accumulators, fluid filters and filter 

assemblies, control valves, heat exchangers, 

and radiators; 

y.43. Hydraulic, pneumatic, oil, fuel, gas, 

propellant, fluid, and thermal control fluid 

reservoirs, filters, filter assemblies, tubing, 

lines, hoses, check valves, and quick 

disconnects, and associated fittings, 

couplings, clamps, brackets, adapters, valves, 

gaskets, shims, and o-rings; 

y.44. Gauges and indicators; 

y.45. Filtered and unfiltered panel knobs, 

indicators, annunciator panels, switches, 

buttons and dials; 

y.46. Spacecraft tires and brake systems 

(does not include sintered mix or carbon/ 

carbon materials); 

y.47. Bearings (e.g., Ball, roller, wheel); 

y.48. Energy dissipating pads for cargo or 

crew; 

y.49. Spacecraft bus structures; 

y.50. Bracket adapters for bus and payload 

structures; 

y.51. Latches and hinges; 

y.52. Boom assemblies; 

y.53. Cables, cable assemblies, and 

connectors; 

y.54. Batteries and associated battery 

management circuitry; 

y.55. Germanium coated polyimide tapes 

(e.g., Kapton tape); 

y.56. Multiplexors and Demultiplexors 

(MUX & DEMUX); 

y.57. Switches, switch bank assemblies, 

beam select switches, transfer switch 

assemblies, switch matrices, thermal 

switches; 

y.58. Magnetic torque bars; 

y.59. Filters, filter networks; 

y.60. Network switches; 

y.61. Reflectors, antennas; 

y.62. Antenna feed horns; 

y.63. Diplexers, modulators, demodulators; 

y.64. Second surface mirrors; 

y.65. Backshells, pins and contacts; 

y.66. Measurement devices; 

y.67. Electrical power distribution and 

control units; 

y.68. Electrical connectors; 

y.69. Non-propulsive landing systems (e.g., 

skids, inflatable); 

y.70. Electric fans; 

y.71. Microphones; 

y.72. Speakers; 

y.73. Circuit breakers; and 

y.74. Printed circuit boards ‘‘specially 

designed’’ for items classified under 9A515.y 

Note 6 to 9A515: An item operating on any 

celestial body other than Earth is treated as 

if it is on Earth for classification purposes on 

the CCL. 

9A604 Commodities related to launch 

vehicles, missiles, and rockets (see List 

of Items Controlled). 

License Requirements 

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

Control(s) 

Country chart 

(See Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 1. 

RS applies to entire 

entry.

RS Column 1. 

MT applies to 9A604.c, 

.d, and .f.

MT Column 1. 

RS applies to 9A604.y ... China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 

AT applies to entire entry AT Column 1. 

UN applies to entire 

entry.

See § 746.1(b) for UN 

controls. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

Special Conditions for STA 

STA: Paragraph (c)(2) of License Exception 

STA (§ 740.20(c)(2) of the EAR) may not be 

used for any item in this ECCN 9A604. 

List of Items Controlled 

Related Controls: (1) Launch vehicles, 

missiles, and rockets are subject to the 

ITAR (see USML Category IV). (2) See 

ECCN 0A919 for foreign-made ‘‘military 

commodities’’ that incorporate more than a 

de minimis amount of U.S.-origin ‘‘600 

series’’ controlled content. (3) Thermal 

batteries for USML Category IV items are 

subject to the ITAR (see USML Category 

XIII). 

Related Definitions: N/A 

Items: 

a. through b. [Reserved] 

c. ‘‘Components’’ ‘‘specially designed’’ for 

ramjet, scramjet, pulse jet, or combined cycle 

engines described in USML Category IV, 

including devices to regulate combustion in 

such commodities. 

d. ‘‘Components’’ ‘‘specially designed’’ for 

hybrid rocket motors described in USML 

Category IV usable in rockets, missiles, or 

unmanned aerial vehicles capable of a range 

equal to or greater than 300 km. 

e. ‘‘Components’’ ‘‘specially designed’’ for 

pressure gain combustion-based propulsion 

systems described in USML Category IV. 

f. Composite structures, laminates and 

manufactures thereof ‘‘specially designed’’ 

for the following items described in USML 

Category IV: 

f.1. Systems capable of a range equal to or 

greater than 300 km; 

f.2. Individual rocket stages usable in 

9A604.f.1. systems; 

f.3. Solid propellant rocket motors or 

hybrid rocket motors having a total impulse 

capacity equal to or greater than 8.41 × 105

Ns; or 

f.4. Liquid propellant rocket engines 

integrated, or designed or modified to be 

integrated, into a liquid propellant 

propulsion system which has a total impulse 

capacity equal to or greater than 8.41 × 105

Ns. 

f.5. Thrust vector control systems usable in 

rockets, space launch vehicles (SLVs), and 

missiles capable of delivering at least a 500 

kg payload to a range of at least 300 km. 

f.6. Re-entry vehicles or warhead heat 

shields usable in rockets, SLVs, and missiles 

capable of delivering at least a 500 kg 

payload to a range of at least 300 km. 

f.7. Safing, arming, fuzing, and firing 

components usable in rockets, SLVs, and 

missiles capable of delivering at least a 500 

kg payload to a range of at least 300 km. 

g. through w. [Reserved] 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for a commodity subject to control 

in paragraphs .a through .d of this ECCN, or 

a defense article described in USML Category 

IV, and not specified elsewhere on the USML 

or in 9A604.y. 

Note to 9A604.x: ‘‘Parts,’’ ‘‘components,’’ 

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

in USML Category IV(h) are subject to the 

controls of that paragraph. 

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

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

designed’’ for a commodity subject to control 

in this entry, ECCN 9A604, or for a defense 

article in USML Category IV and not 

elsewhere specified on the USML or on the 

CCL, and other commodities, as follows, and 

‘‘parts,’’ ‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ therefor: 

y.1. ‘‘Parts’’ and minor ‘‘components’’ for 

landing leg assemblies; and 

y.2. [RESERVED] 

* * * * * 

9D515 ‘‘Software’’ ‘‘specially designed’’ for 

the ‘‘development,’’ ‘‘production,’’ 

operation, installation, maintenance, 

repair, overhaul, or refurbishing of 

‘‘spacecraft’’ and related commodities, 

as follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) 

Country chart 

(See Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 9D515.x 

and y.

NS Column 1. 

RS applies to entire 

entry except 9D515.x 

and y.

RS Column 1. 

NS applies to 9D515.x ... NS Column 2. 

RS applies to 9D515.x ... RS Column 2. 

RS applies to 9D515.y, 

except to Russia for 

use in, with, or for the 

International Space 

Station (ISS), including 

launch to the ISS.

China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 


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Control(s) 

Country chart 

(See Supp. No. 1 to part 

738) 

AT applies to entire entry AT Column 1. 

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 (§ 740.20(c)(1) of the EAR) 

may not be used for 9D515.b, .d, or .e. (2) 

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any ‘‘software’’ in 9D515. 

List of Items Controlled 

Related Controls: (1) ‘‘Software’’ directly 

related to articles described in USML 

Category XV is subject to the ITAR. (2) See 

also ECCNs 3D001, 6D001, 6D002, and 

6D991 for controls of specific ‘‘software’’ 

‘‘specially designed’’ for certain ‘‘spacequalified’’ items. (3) For ‘‘software’’ for 

items listed in 9A004.d that are 

incorporated into ‘‘spacecraft payloads’’, 

see the appropriate ‘‘software’’ ECCN 

within those Categories. 

Related Definitions: N/A 

Items: 

a. ‘‘Software’’ (other than ‘‘software’’ 

controlled in paragraphs .b, .d, or .e of this 

entry) ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

installation, maintenance, repair, overhaul, 

or refurbishing of commodities controlled by 

ECCN 9A515 (except 9A515.d, .e, or .x) or 

9B515. 

b. ‘‘Source code’’ that: 

b.1. Contains the algorithms or control 

principles (e.g., for clock management), 

precise orbit determination (e.g., for 

ephemeris or pseudo range analysis), signal 

construct (e.g., pseudo-random noise (PRN) 

anti-spoofing) ‘‘specially designed’’ for items 

controlled by ECCN 9A515; 

b.2. Is ‘‘specially designed’’ for the 

integration, operation, or control of items 

controlled by ECCN 9A515; 

b.3. Contains algorithms or modules 

‘‘specially designed’’ for system, subsystem, 

component, part, or accessory calibration, 

manipulation, or control of items controlled 

by ECCN 9A515; 

b.4. Is ‘‘specially designed’’ for data 

assemblage, extrapolation, or manipulation of 

items controlled by ECCN 9A515; 

b.5. Contains the algorithms or control 

laws ‘‘specially designed’’ for attitude, 

position, or flight control of items controlled 

in ECCN 9A515; or 

b.6. Is ‘‘specially designed ‘‘for built-in test 

and diagnostics for items controlled by ECCN 

9A515. 

c. [Reserved] 

d. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.d. 

e. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.e. 

f. through w. [Reserved] 

x. ‘‘Software’’ ‘‘specially designed’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.x. 

y. Specific ‘‘software’’ ‘‘specially designed’’ 

for the ‘‘development,’’ ‘‘production,’’ 

operation, or maintenance of commodities 

enumerated in ECCN 9A515.y. 

* * * * * 

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 

Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

NS applies to entire 

entry except 9E515.x 

and .y.

NS Column 1. 

RS applies to entire 

entry except 9E515.x 

and .y.

RS Column 1. 

MT applies to technology 

for items in 9A515.d, 

.e.2, .h, and 9B515.a 

controlled for MT reasons.

MT Column 1. 

NS applies to 9E515.x ... NS Column 2. 

RS applies to 9E515.x ... RS Column 2. 

RS applies to 9E515.y, 

except to Russia for 

use in, with, or for the 

International Space 

Station (ISS), including 

launch to the ISS.

China, Russia, or Venezuela (see 

§ 742.6(a)(7)). 

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 § 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 (§ 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 § 740.20(g) (License 

Exception STA eligibility requests for 

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

Paragraph (c)(2) of License Exception STA 

(§ 740.20(c)(2) of the EAR) may not be used 

for any ‘‘technology’’ in 9E515. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles described in USML 

Category XV are subject to the ITAR. 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 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 w. [Reserved] 

x. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ operation, 

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.x. 

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., humanrated centrifuge training or parabolic flights, 

pressure suit or spacesuit training/ 

operation); 

(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; 


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(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. 2024–23958 Filed 10–17–24; 4:15 pm] 

BILLING CODE 3510–33–P 


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