84766 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742 and 774 

[Docket No. 241004–0263] 

RIN 0694–AJ85 

Export Administration Regulations: 

Removal of License Requirements for 

Certain Spacecraft and Related Items 

for Australia, Canada, and the United 

Kingdom 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Bureau 

of Industry and Security (BIS) amends 

the Export Administration Regulations 

(EAR) by removing controls for certain 

spacecraft and related items for exports 

and reexports to Australia, Canada, and 

the United Kingdom. These spacecraft 

and related items involve remote 

sensing or space-based logistics, 

assembly, or servicing. Taking into 

account the close relations with these 

three allied countries, including in 

space collaboration, as well as their 

inclusion in the National Technology 

and Industrial Base (NTIB), this final 

rule removes the license requirement for 

these countries for these spacecraft and 

related items. 

DATES: This rule is effective October 23, 

2024. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions, contact Joseph A. 

Cristofaro, Director, Sensors, Aerospace 

and Marine Division, Office of National 

Security Controls, Bureau of Industry 

and Security, U.S. Department of 

Commerce, at (202)–482–2440 or by 

email: 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. The Department of 

State and the Department of Commerce 

(Commerce) were subsequently tasked 

to ‘‘conduct a review of space export 

controls to enable a globally competitive 

U.S. space industrial base while 

protecting our national security and 

foreign policy interests’’ (see The White 

House FACT SHEET: Strengthening U.S. 

International Space Partnerships 

released on December 20, 2023). The 

changes being made in the final rule 

will better enable a globally competitive 

U.S. space industrial base while 

protecting our national security and 

foreign policy interests for exports and 

reexports to Australia, Canada, and the 

United Kingdom. 

B. Commerce Response to the National 

Space Council Directed Review of Space 

Export Controls 

This final rule is part of Commerce’s 

regulatory response to this direction 

from the National Space Council to 

review relevant export controls and 

processes to better enable a globally 

competitive U.S. space industrial base 

while protecting our national security 

and foreign policy interests. This final 

rule makes important changes to EAR 

spacecraft and related items controls to 

better rationalize the controls and 

facilitate collaboration with three close 

allies of the United States and 

participants in the NTIB (10 U.S.C. 

4801(1)), namely Australia, Canada, and 

the United Kingdom. Specifically, the 

changes in this rule will better enable a 

globally competitive U.S. space 

industrial base while protecting our 

national security and foreign policy 

interests by facilitating license-free trade 

in certain remote sensing and spacebased logistics, assembly, and servicing 

spacecraft and technology with these 

close allies. 

This final rule removes Australia, 

Canada, and the United Kingdom from 

the worldwide license requirement for 

such items and makes conforming 

changes to Export Control Classification 

Numbers (ECCNs) 9A515 and 9E515. In 

so doing, this final rule builds upon an 

interim final rule published on April 19, 

2024 (89 FR 28594), which removed 

certain license requirements for 

Australia and the United Kingdom, and 

more closely aligned treatment of those 

countries with that of Canada, by 

streamlining space commerce with all 

three nations. This final rule represents 

just one line of effort in Commerce’s 

response to the National Space Council 

direction to review space export 

controls, including this final rule being 

published concurrently with a 

Commerce interim final rule, ‘‘Export 

Administration Regulations: Revisions 

to Space-Related Export Controls’’ (RIN 

0694–AJ87) and a Commerce proposed 

rule ‘‘Export Administration 

Regulations: Revisions to Space-Related 

Export Controls, Including Addition of 

License Exception Commercial Space 

Activities (CSA)’’ (RIN 0694–AH66) that 

build on advanced notices of proposed 

rulemaking published on March 8, 2019 

(84 FR 8485 and 84 FR 8486). 

II. Changes to the EAR 

A. Removing Australia, Canada, and the 

United Kingdom, From a Worldwide 

License Requirement for Certain 

Spacecraft and Related Items 

In 15 CFR 742.6 (Regional stability), 

this final rule revises paragraph (a)(9) 

(Special RS Column 1 license 

requirement applicable to certain 

spacecraft and related items), which 

prior to this final rule imposed a 

worldwide license requirement for 

spacecraft and related items classified 

under ECCN 9A515.a.1, a.2, a.3, a.4, .g, 

and ECCN 9E515.f. These spacecraft and 

related items involve remote sensing or 

space-based logistics, assembly, or 

servicing, and so prior to this final rule 

were subject to a worldwide license 

requirement, including for exports and 

reexports to Australia, Canada, and the 

United Kingdom. However, taking into 

account the close relations with the U.S. 

and these three allied countries, 

including in space collaboration as well 

as with the U.S. defense industrial base, 

as demonstrated by their inclusion in 

the NTIB, this final rule removes the 

license requirement for such items 

when destined to these countries. The 

removal of such license requirements 

for Australia, Canada, and the United 

Kingdom aligns the EAR’s requirements 

with interagency licensing practice, as 

BIS has not denied a license application 

for such items to these three allied 

countries in the past five years. 

BIS estimates the removal of this 

license requirement for Australia, 

Canada, and the United Kingdom under 

§ 742.6(a)(9) will result in a reduction of 

90 license applications being submitted 

to BIS annually. 

B. Conforming Changes for Removal of 

License Requirement for Australia, 

Canada, and the United Kingdom 

This final rule makes two conforming 

changes to other parts of the EAR to 

reflect the removal of the license 

requirement for Australia, Canada, and 

the United Kingdom under § 742.6(a)(9) 

for spacecraft and related items 

classified under ECCN 9A515.a.1, a.2, 

a.3, a.4, .g, and ECCN 9E515.f. 

Specifically, in supplement no. 1 to part 

774—Commerce Control List, this final 

rule revises ECCNs 9A515 and 9E515. 

This final rule revises the License 

Requirement Note in ECCNs 9A515 and 

9E515 to reflect that this final rule 

removes Australia, Canada, and the 

United Kingdom from the scope of the 

worldwide license requirement 

described in the License Requirement 


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Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Rules and Regulations 84767 

Note included in each of these 

respective ECCNs, as described further 

in section II.A and B. 

The License Requirement Note in 

ECCN 9A515 specifies that the 

Commerce Country Chart in supplement 

no. 1 to part 738 is not used for 

determining license requirements for 

commodities classified in ECCN 

9A515.a.1, a.2, a.3, a.4, and .g. The 

License Requirement Note in ECCN 

9A515 includes a second sentence that 

directs exporters and reexporters to see 

§ 742.6(a)(9), which specifies that such 

commodities are subject to a worldwide 

license requirement. This final rule 

revises the second sentence of the 

License Requirement Note in ECCN 

9A515 to add the phrase ‘‘except to 

Australia, Canada, and the United 

Kingdom,’’ to specify that exports and 

reexports to these countries now 

excluded from the scope of this 

worldwide license requirement. 

The License Requirement Note in 

ECCN 9E515 specifies that the 

Commerce Country Chart is not used for 

determining license requirements for 

‘‘technology’’ classified ECCN 9E515.f. 

The License Requirement Note in ECCN 

9E515 includes a second sentence that 

directs exporters and reexporters to see 

§ 742.6(a)(9), which specifies that such 

‘‘technology’’ is subject to a worldwide 

license requirement. This final rule 

revises the second sentence of the 

License Requirement Note in ECCN 

9E515 to add the phrase ‘‘except to 

Australia, Canada, and the United 

Kingdom,’’ to specify that exports and 

reexports to these countries are now 

excluded from the scope of this 

worldwide license requirement. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense Authorization Act for 

Fiscal Year 2019, which included the 

Export Control Reform Act of 2018 

(ECRA) (codified, as amended, at 50 

U.S.C. 4801–4852). ECRA provides the 

legal basis for BIS’s principal authorities 

and serves as the authority under which 

BIS issues this rule. In particular, and as 

noted elsewhere, Section 1753 of ECRA 

(50 U.S.C. 4812) authorizes the 

regulation of exports, reexports, and 

transfers (in-country) of items subject to 

U.S. jurisdiction. Further, Section 

1754(a)(1)–(16) of ECRA (50 U.S.C. 

4813(a)(1)–(16)) authorizes, inter alia, 

the establishment of a list of controlled 

items; the prohibition of unauthorized 

exports, reexports, and transfers (incountry); the requirement of licenses or 

other authorizations for exports, 

reexports, and transfers (in-country) of 

controlled items; apprising the public of 

changes in policy, regulations, and 

procedures; and any other action 

necessary to carry out ECRA that is not 

otherwise prohibited by law. Pursuant 

to Section 1762(a) of ECRA (50 U.S.C. 

4821(a)), these changes can be imposed 

in a final rule without prior notice and 

comment. 

Rulemaking Requirements 

1. Executive Orders 12866, 13563, and 

14094 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, and distributive impacts and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits and 

of reducing costs, harmonizing rules, 

and promoting flexibility. This final rule 

has been designated as significant under 

Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (PRA) (44 U.S.C. 

3501 et seq.), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves the following OMB-approved 

collections of information subject to the 

PRA: 

• 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 90, which is expected to 

reduce the current approved estimates, 

which will result in a reduction of 44 

burden hours saved and cost savings to 

the public of $1,672 under this 

collection. The respondent burden 

under controls numbers 0694–0096 and 

0607–0152 are not anticipated to change 

as a result of this final rule. Current 

information regarding all three 

collections of information—including 

all background materials—can be found 

at: https://www.reginfo.gov/public/do/ 

PRAMain by using the search function 

to enter either the title of the collection 

or the OMB Control Number. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of ECRA 

(50 U.S.C. 4821), this action is exempt 

from the Administrative Procedure Act 

(APA) (5 U.S.C. 553) requirements for 

notice of proposed rulemaking, 

opportunity for public participation, 

and delay in effective date. While 

section 1762 of ECRA provides 

sufficient authority for such an 

exemption, this action is also 

independently exempt from these APA 

requirements because it involves a 

military or foreign affairs function of the 

United States (5 U.S.C. 553(a)(1)). 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

given for this rule by 5 U.S.C. 553, or 

by any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601, et seq.) are 

not applicable. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

List of Subjects 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

For the reasons stated in the 

preamble, parts 742 and 774 of the 

Export Administration Regulations (15 

CFR parts 730 through 774) are 

amended as follows: 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

■ 1. The authority citation for part 742 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 22 U.S.C. 

3201 et seq.; 42 U.S.C. 2139a; 22 U.S.C. 7201 

et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 

108–11, 117 Stat. 559; E.O. 12058, 43 FR 

20947, 3 CFR, 1978 Comp., p. 179; E.O. 

12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 

608; E.O. 12938, 59 FR 59099, 3 CFR, 1994 

Comp., p. 950; E.O. 13026, 61 FR 58767, 3 

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

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

Presidential Determination 2003–23, 68 FR 

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

November 1, 2023, 88 FR 75475 (November 

3, 2023). 

■ 2. Section 742.6 is amended by 

revising paragraph (a)(9) to read as 

follows: 


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84768 Federal Register / Vol. 89, No. 205 / Wednesday, October 23, 2024 / Rules and Regulations 

§ 742.6 Regional stability. 

(a) * * * 

(9) Special RS Column 1 license 

requirement applicable to certain 

spacecraft and related items. A license 

is required for all destinations, except 

for Australia, Canada, and the United 

Kingdom, for spacecraft and related 

items classified under ECCN 9A515.a.1, 

a.2, a.3, a.4, .g, and ECCN 9E515.f. 

* * * * * 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 3. The authority citation for part 774 

continues to read as follows: 

Authority: 50 U.S.C. 4801–4852; 50 U.S.C. 

4601 et seq.; 50 U.S.C. 1701 et seq.; 10 U.S.C. 

8720; 10 U.S.C. 8730(e); 22 U.S.C. 287c, 22 

U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 

2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 

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

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783. 

■ 4. Supplement no. 1 to part 774 is 

amended by revising ECCNs 9A515 and 

9E515, to read as follows: 

SUPPLEMENT NO. 1 TO PART 774— 

THE COMMERCE CONTROL LIST 

* * * * * 

9A515 ‘‘Spacecraft’’ and related 

commodities, as follows (see List of 

Items Controlled). License Requirements 

Reason for Control: NS, RS, MT, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

NS applies to entire 

entry, except .e and .y.

NS Column 1. 

RS applies to entire 

entry, except .e and .y.

RS Column 1. 

RS applies to 9A515.e ... RS Column 2. 

RS applies to 9A515.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)). 

MT applies to microcircuits in 9A515.d and 

.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. 

AT applies to entire entry AT Column 1. 

License Requirement Note: The Commerce 

Country Chart is not used for determining 

license requirements for commodities 

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

and .g. See § 742.6(a)(9), which specifies that 

such commodities are subject to a worldwide 

license requirement, except to Australia, 

Canada, and the United Kingdom. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: $1,500 

GBS: N/A 

Special Conditions for STA 

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

Exception STA (§ 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 enumerated in USML 

Category IV(d)(2) or USML Category 

XV(e)(12) and designated MT. (3) 

Paragraph (c)(2) of License Exception STA 

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

for any item in ECCN 9A515. 

List of Items Controlled 

Related Controls: Spacecraft, launch vehicles 

and related articles that are enumerated in 

the USML, and technical data (including 

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

services (including training) directly 

related to the integration of any satellite or 

spacecraft to a launch vehicle, including 

both planning and onsite support, or 

furnishing any assistance (including 

training) in the launch failure analysis or 

investigation for items in ECCN 9A515.a, 

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

‘‘spacecraft,’’ as enumerated below and 

defined in § 772.1, are subject to the 

controls of this ECCN. See also ECCNs 

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

6A004, 6A008, and 6A998 for specific 

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

for star trackers, and 9A004 for the 

International Space Station (ISS), the James 

Webb Space Telescope (JWST), and 

‘‘specially designed’’ ‘‘parts’’ and 

‘‘components’’ therefor. See USML 

Category XI(c) for controls on certain 

‘‘Monolithic Microwave Integrated Circuit’’ 

(‘‘MMIC’’) amplifiers. See ECCN 9A610.g 

for pressure suits used for high altitude 

aircraft. 

Related Definitions: ’Microcircuit’ means a 

device in which a number of passive or 

active elements are considered as 

indivisibly associated on or within a 

continuous structure to perform the 

function of a circuit. 

Items: ‘‘Spacecraft’’ and other items 

described in ECCN 9A515 remain subject 

to the EAR even if exported, reexported, or 

transferred (in-country) with defense 

articles ‘‘subject to the ITAR’’ integrated 

into and included therein as integral parts 

of the item. In all other cases, such defense 

articles are subject to the ITAR. For 

example, a 9A515.a ‘‘spacecraft’’ remains 

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

exported, reexported, or transferred (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 

enumerated in USML Category XV or 

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

a.1. Have electro-optical remote sensing 

capabilities and having a clear aperture 

greater than 0.35 meters, but less than or 

equal to 0.50 meters; 

a.2. Have remote sensing capabilities 

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

a.3. Have radar remote sensing capabilities 

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

frequency equal to or greater than 1.0 GHz, 

but less than 10.0 GHz and having a 

bandwidth equal to or greater than 100 MHz, 

but less than 300 MHz; 

a.4. Provide space-based logistics, 

assembly, or servicing of another 

‘‘spacecraft’’; or 

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

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

Note: ECCN 9A515.a includes commercial 

communications satellites, remote sensing 

satellites, planetary rovers, planetary and 

interplanetary probes, in-space habitats, and 

‘‘sub-orbital craft,’’ not identified in ECCN 

9A004 or USML Category XV(a). 

b. Ground control systems and training 

simulators ‘‘specially designed’’ for 

telemetry, tracking, and control of the 

‘‘spacecraft’’ controlled in paragraphs 

9A004.u or 9A515.a. 

c. [Reserved] 

d. Microelectronic circuits (e.g., integrated 

circuits, microcircuits, or MOSFETs) and 

discrete electronic components rated, 

certified, or otherwise specified or described 

as meeting or exceeding all the following 

characteristics and that are ‘‘specially 

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

items, or items controlled by ECCNs 9A004.v 

or 9A515: 

d.1. A total dose of 5 × 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 


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as meeting or exceeding the characteristics in 

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

designed’’ for defense articles controlled by 

USML Category XV or items controlled by 

ECCNs 9A004.u or 9A515: 

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

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

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

single event latchup (SEL), single event 

burnout (SEB), or single event gate rupture 

(SEGR)) immunity to a linear energy transfer 

(LET) ≥80 MeV-cm2/mg; or 

e.2. A total dose ≥5 × 105 Rads (Si) (5 × 103

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

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

specific integrated circuits (ASICs), 

integrated circuits developed and produced 

for a specific application or function, 

specifically designed or modified for defense 

articles and not in normal commercial use 

are controlled by Category XI(c) of the USML 

regardless of characteristics. 

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

.z for controls on radiation-hardened 

microelectronic circuits ‘‘subject to the EAR’’ 

that are not controlled by 9A515.d or .e. 

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

of operating at altitudes 55,000 feet above sea 

level. 

g. Remote sensing components ‘‘specially 

designed’’ for ‘‘spacecraft’’ described in 

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

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

mirror, membrane having active properties 

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

lateral clear aperture dimension equal to or 

less than 0.35 meters; or with the largest clear 

aperture dimension greater than 0.35 meters 

but less than or equal to 0.50 meters; 

g.2. Optical bench assemblies ‘‘specially 

designed’’ for ECCN 9A515.a.1, a.2, a.3, or a.4 

‘‘spacecraft;’’ or 

g.3. Primary, secondary, or hosted payloads 

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

a.2, a.3, or a.4 ‘‘spacecraft.’’ 

h. Spacecraft thrusters using bi-propellants 

or mono-propellants that provide thrust 

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

vacuum thrust. 

i. through w. [RESERVED] 

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

and ‘‘attachments’’ that are ‘‘specially 

designed’’ for defense articles controlled by 

USML Category XV or items controlled by 

9A515, and that are NOT: 

x.1. Enumerated or controlled in the USML 

or elsewhere within ECCNs 9A515 or 9A004; 

x.2. Microelectronic circuits and discrete 

electronic components; 

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

x.4. Described in an ECCN containing 

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

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

3A992.b.3, 6A002.a.1, .b.2, .d.1, 6A004.c and 

.d, 6A008.j.1, 6A998.b, or 7A003.d.2); 

x.5. Microwave solid state amplifiers and 

microwave assemblies (refer to ECCN 

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

x.6. Travelling wave tube amplifiers (refer 

to ECCN 3A001.b.8 and .z for controls on 

these items); or 

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

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

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

in USML subcategory XV(e) or enumerated in 

other USML categories are subject to the 

controls of that paragraph or category. 

y. Items that would otherwise be within 

the scope of ECCN 9A515.x but that have 

been identified in an interagency-cleared 

commodity classification (CCATS) pursuant 

to § 748.3(e) as warranting control in 

9A515.y. 

y.1. Discrete electronic components not 

specified in 9A515.e; 

y.2. Space grade or for spacecraft 

applications thermistors; 

y.3. Space grade or for spacecraft 

applications RF microwave bandpass ceramic 

filters (Dielectric Resonator Bandpass 

Filters); 

y.4. Space grade or for spacecraft 

applications hall effect sensors; 

y.5. Space grade or for spacecraft 

applications subminiature (SMA and SMP) 

plugs and connectors, TNC plugs and cable 

and connector assemblies with SMA plugs 

and connectors; and 

y.6. Space grade or for spacecraft 

applications flight cable assemblies. 

* * * * * 

9E515 ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ 

operation, installation, repair, overhaul, 

or refurbishing of ‘‘spacecraft’’ and 

related commodities, as follows (see List 

of Items Controlled). 

License Requirements 

Reason for Control: NS, MT, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 

to part 738) 

NS applies to entire 

entry except 9E515.y.

NS Column 1. 

MT applies to technology 

for items in 9A515.d, 

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

controlled for MT reasons.

MT Column 1. 

RS applies to entire 

entry except 9E515.y.

RS Column 1. 

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 ECCN 9E515. 

List of Items Controlled 

Related Controls: Technical data directly 

related to articles enumerated in USML 

Category XV are subject to the control of 

USML paragraph XV(f). See also ECCNs 

3E001, 3E003, 6E001, and 6E002 for 

specific ‘‘space-qualified’’ items. See 

ECCNs 9E001 and 9E002 for technology for 

the International Space Station, the James 

Webb Space Telescope (JWST) and ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ 

therefor. See USML category XV(f) for 

controls on technical data and defense 

services related to launch vehicle 

integration. 

Related Definitions: N/A 

Items: 

a. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ installation, 

repair (including on-orbit anomaly resolution 

and analysis beyond established procedures), 

overhaul, or refurbishing of commodities 

controlled by ECCN 9A515 (except 

9A515.a.1, a.2, a.3, a.4, .b, .d, .e, or .g), ECCN 

9B515, or ‘‘software’’ controlled by ECCN 

9D515.a. 

b. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ failure 

analysis or anomaly resolution of software 

controlled by ECCN 9D515.b. 

c. [Reserved] 

d. ‘‘Technology’’ ‘‘required’’ for the 

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

failure analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.d. 

e. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ failure 

analysis or anomaly resolution of 

commodities controlled by ECCN 9A515.e. 

f. ‘‘Technology’’ ‘‘required’’ for the 

‘‘development,’’ ‘‘production,’’ installation, 

repair (including on-orbit anomaly resolution 

and analysis beyond established procedures), 

overhaul, or refurbishing of commodities 

controlled by ECCN 9A515.a.1, a.2, a.3, a.4, 

or .g. 

g. through x. [Reserved] 

y. Specific ‘‘technology’’ ‘‘required’’ for the 

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

installation, maintenance, repair, overhaul, 

or refurbishing of commodities or software 

enumerated in ECCN 9A515.y or 9D515.y. 

Note 1: [Reserved] 

Note 2: Activities and technology/technical 

data directly related to or required for the 

spaceflight (e.g., sub-orbital, orbital, lunar, 

interplanetary, or otherwise beyond Earth 

orbit) passenger or participant experience, 

regardless of whether the passenger or 

participant experience is for space tourism, 

scientific or commercial research, 

commercial manufacturing/production 

activities, educational, media, or commercial 

transportation purposes, are not subject to 

the ITAR or the EAR. Such activities and 

technology/technical data include those 

directly related to or required for: 

(i) ‘‘Spacecraft’’ access, ingress, and egress, 

including the operation of all ‘‘spacecraft’’ 

doors, hatches, and airlocks; 

(ii) Physiological training (e.g., humanrated centrifuge training or parabolic flights, 

pressure suit or spacesuit training/ 

operation); 


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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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