34 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

Dated: December 17, 2013. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–30625 Filed 12–31–13; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF STATE 

22 CFR Parts 121, 123, 124, and 125 

RIN 1400–AD46 

[Public Notice 8580] 

Amendment to the International Traffic 

in Arms Regulations: Third Rule 

Implementing Export Control Reform 

AGENCY: Department of State. 

ACTION: Final rule. 

SUMMARY: As part of the President’s 

Export Control Reform (ECR) effort, the 

Department of State is amending the 

International Traffic in Arms 

Regulations (ITAR) to revise five more 

U.S. Munitions List (USML) categories 

and provide other changes. The 

revisions contained in this rule are part 

of the Department of State’s 

retrospective plan under E.O. 13563. 

DATES: This rule is effective July 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sarah J. Heidema, Deputy Director, 

Office of Defense Trade Controls Policy, 

Department of State, telephone (202) 

663–2809; email DDTCResponseTeam@

state.gov. ATTN: Regulatory Change, 

Third ECR Final Rule. The Department 

of State’s full retrospective plan can be 

accessed at http://www.state.gov/

documents/organization/181028.pdf. 

SUPPLEMENTARY INFORMATION: The 

Directorate of Defense Trade Controls 

(DDTC), U.S. Department of State, 

administers the International Traffic in 

Arms Regulations (ITAR) (22 CFR parts 

120–130). The items subject to the 

jurisdiction of the ITAR, i.e., ‘‘defense 

articles’’ and ‘‘defense services,’’ are 

identified on the ITAR’s U.S. Munitions 

List (USML) (22 CFR 121.1). With few 

exceptions, items not subject to the 

export control jurisdiction of the ITAR 

are subject to the jurisdiction of the 

Export Administration Regulations 

(‘‘EAR,’’ 15 CFR parts 730–774, which 

includes the Commerce Control List 

(CCL) in Supplement No. 1 to part 774), 

administered by the Bureau of Industry 

and Security (BIS), U.S. Department of 

Commerce. Both the ITAR and the EAR 

impose license requirements on exports, 

reexports, and retransfers. Items not 

subject to the ITAR or to the exclusive 

licensing jurisdiction of any other set of 

regulations are subject to the EAR. 

All references to the USML in this 

rule are to the list of defense articles 

controlled for the purpose of export or 

temporary import pursuant to the ITAR, 

and not to the defense articles on the 

USML that are controlled by the Bureau 

of Alcohol, Tobacco, Firearms and 

Explosives (ATF) for the purpose of 

permanent import under its regulations. 

See 27 CFR part 447. Pursuant to section 

38(a)(1) of the Arms Export Control Act 

(AECA), all defense articles controlled 

for export or import are part of the 

USML under the AECA. For the sake of 

clarity, the list of defense articles 

controlled by ATF for the purpose of 

permanent import is the U.S. Munitions 

Import List (USMIL). The transfer of 

defense articles from the ITAR’s USML 

to the EAR’s CCL for the purpose of 

export control does not affect the list of 

defense articles controlled on the 

USMIL under the AECA for the purpose 

of permanent import. 

Export Control Reform Update 

Pursuant to the President’s Export 

Control Reform (ECR) initiative, the 

Department published proposed 

revisions to thirteen USML categories— 

and upon the effective date of this rule 

will have revised fifteen USML 

categories—to create a more positive 

control list and eliminate, where 

possible, ‘‘catch all’’ controls in the 

USML. The Department, along with the 

Departments of Commerce and Defense, 

reviewed the public comments the 

Department received on the proposed 

rules and, where appropriate, revised 

the rules. A discussion of the comments 

relevant to the USML categories that are 

part of this rule is included later on in 

this rule. The Department continues to 

review the remaining USML categories 

and will publish them as proposed rules 

in the coming months. 

Discussions of the public comments 

relevant to six of the USML categories 

that have been published as final rules 

are in ‘‘Amendment to the International 

Traffic in Arms Regulations: Initial 

Implementation of Export Control 

Reform,’’ published April 16, 2013 (78 

FR 22740), and ‘‘Amendment to the 

International Traffic in Arms 

Regulations: Continued Implementation 

of Export Control Reform,’’ published 

July 8, 2013 (78 FR 40922). These rules 

also contain policies and procedures 

regarding the licensing of items moving 

from the export jurisdiction of the 

Department of State to the Department 

of Commerce, a definition for specially 

designed, responses to public 

comments, and changes to other 

sections of the ITAR that affect the 

categories discussed in this rule. 

Pursuant to ECR, the Department of 

Commerce has been publishing 

revisions to the EAR, including various 

revisions to the CCL. Revision of the 

USML and CCL are coordinated so there 

is uninterrupted regulatory coverage for 

items moving from the jurisdiction of 

the Department of State to that of the 

Department of Commerce. The 

Department of Commerce’s companion 

to this rule is, ‘‘Control of Military 

Training Equipment, Energetic 

Materials, Personal Protective 

Equipment, Shelters, Articles Related to 

Launch Vehicles, Missiles, Rockets, 

Military Explosives, and Related Items.’’ 

It is published elsewhere in this edition 

of the Federal Register. 

Changes in This Rule 

The following changes are made to 

the ITAR with this final rule: (i) 

Revision of U.S. Munitions List (USML) 

Categories IV (Launch Vehicles, Guided 

Missiles, Ballistic Missiles, Rockets, 

Torpedoes, Bombs, and Mines), V 

(Explosives and Energetic Materials, 

Propellants, Incendiary Agents, and 

Their Constituents), IX (Military 

Training Equipment), X (Personal 

Protective Equipment), and XVI 

(Nuclear Weapons Related Articles); (ii) 

addition of a definition for the term 

‘‘equipment’’; (iii) continued 

implementation of a new licensing 

procedure for the export of items subject 

to the EAR that are to be exported with 

defense articles; and (iv) related changes 

to other ITAR sections. 

Revision of USML Category IV 

This final rule revises USML Category 

IV, covering launch vehicles, guided 

missiles, ballistic missiles, rockets, 

torpedoes, bombs, and mines, to 

describe more precisely the articles 

warranting control on the USML. 

Paragraph (a) is revised to remove 

demolition blocks and blasting caps, 

and to add subparagraphs (1) through 

(12) to more clearly describe the articles 

controlled in (a). ITAR § 121.11, which 

further describes demolition blocks and 

blasting caps, is removed. Paragraphs (b) 

and (d) are revised to more specifically 

enumerate the articles controlled 

therein. The articles of paragraph (e), 

military explosive excavating devices, 

are transferred to the jurisdiction of the 

Department of Commerce under ECCN 

0A604.b. The articles of paragraph (f), 

ablative materials, were moved to USML 

Category XIII(d) (see 78 FR 40922). 

Paragraph (h) is revised by removing its 

broad catch-all wording and adding 

subparagraphs (1) through (29) to 

specifically enumerate the articles 

controlled in that paragraph. In 

addition, articles common to the Missile 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 35 

Technology Control Regime (MTCR) 

Annex and articles in this category are 

identified with the parenthetical ‘‘(MT)’’ 

at the end of each section containing 

such articles. 

A new ‘‘(x) paragraph’’ has been 

added to USML Category IV, allowing 

ITAR licensing for commodities, 

software, and technical data subject to 

the EAR provided those commodities, 

software, and technical data are to be 

used in or with defense articles 

controlled in USML Category IV and are 

described in the purchase 

documentation submitted with the 

application. 

This revision of USML Category IV 

was first published as a proposed rule 

(RIN 1400–AD19) on January 31, 2013, 

for public comment (see 78 FR 6765). 

The comment period ended March 18, 

2013. The public comments were 

reviewed and considered by the 

Department and other agencies. The 

Department’s evaluation of the written 

comments and recommendations 

follows. 

The Department received proposals 

for alternative phrasing of the regulatory 

text in USML Category IV. When the 

recommended changes added to the 

clarity of the regulation and were 

consistent with ECR objectives, the 

Department accepted them. 

One commenting party observed that, 

with regard to technical data directly 

related to a defense article controlled on 

the USML and unclassified technical 

data directly related to parts and 

components of the defense article that 

are controlled on the CCL, insofar as the 

parts and components are directly 

related to the defense article, certain of 

the technical data directly related to the 

defense article by virtue of being 

directly related to the parts and 

components of the defense article would 

not be captured by the technical data 

control paragraph, depending on 

whether the parts and components are 

part of the defense article at the point 

of export, or are proposed for export 

apart from the defense article. The 

commenting party discerns an export 

jurisdictional conflict. The Department 

clarifies that unclassified technical data 

directly related to the parts and 

components that are controlled under 

the CCL would not be controlled under 

the ITAR. The Department would, 

however, have export jurisdiction over 

aggregated technical data that included 

technical data directly related to a 

defense article. Unclassified technical 

data directly related to parts and 

components that would be controlled 

under the CCL would remain subject to 

the EAR if they were proposed for 

export apart from the ITAR controlled 

technical data. 

In response to two commenting 

parties’ requests for clarification, 

‘‘payload fairings’’ controlled under 

paragraph (h) has been revised to 

control for ‘‘rocket or missile payload 

fairings.’’ 

Two commenting parties 

recommended changing the MT control 

text used in paragraph (h) from the 

criterion of ‘‘usable in’’ to that of 

‘‘specially designed’’ so as to prevent 

capture of items not intended to be 

controlled for MT reasons. The 

Department did not accept this 

recommendation because to do so 

would be in contravention of the Missile 

Technology Control Regime Annex. In 

explaining the use of the term ‘‘usable 

in,’’ the MTCR Annex provides that, 

‘‘there is no need for the equipment, 

parts, components or ‘software’ to have 

been configured, modified or specified 

for the particular purpose.’’ 

One commenting party recommended 

controlling ‘‘pulse weapons’’ under 

USML Category IV. The control of these 

articles will be addressed in a future 

rule that will address USML Category 

XVIII. 

In response to two commenting 

parties’ recommendations, the 

Department revised Note 1 to paragraph 

(b) to clarify that non-SLV launcher 

mechanisms for use on aircraft are 

controlled under USML Category VIII. 

One commenting party inquired 

whether the use of a Missile Technology 

(MT) component in conjunction with 

non-MT components renders the whole 

item MT-controlled. The Department 

notes that the MTCR guidelines provide 

the following: If a Category I item is 

included in a system, that system will 

also be considered as Category I, except 

when the incorporated item cannot be 

separated, removed, or duplicated. The 

ITAR will follow the same policy in 

such circumstances, and the Department 

placed a note in USML Category IV to 

this effect. 

The Department accepted the 

recommendation of one commenting 

party to control under paragraph (h) 

pneumatic flight control systems, in 

addition to hydraulic, mechanical, 

electro-optical, or electromechanical 

flight control systems already 

enumerated therein. 

In response to the recommendation of 

one commenting party, the Department 

revised the note to paragraph (h)(17) to 

provide more accurate guidance for 

determining the export jurisdiction of 

spacecraft: Exporters should consult 

USML Category XV and, if the 

spacecraft is not described therein, then 

CCL ECCN 9A515. 

One commenting party requested 

clarification of whether there are 

sounding or research rockets not 

controlled under the USML. The 

Department clarifies that all such 

rockets are controlled under USML 

Category IV. 

Two commenting parties observed 

that the issue of control of commercial 

space flight was not addressed in the 

USML Category IV proposed rule. This 

matter is dealt with in the USML 

Category XV proposed rule, which was 

published on May 24, 2013 (see 78 FR 

31444). The Department will respond to 

comments on the substance of that rule, 

including commercial space flight, in a 

separate final rule. 

Revision of USML Category V 

This final rule revises USML Category 

V, covering explosives and energetic 

materials, propellants, incendiary 

agents, and their constituents, to 

establish a clear ‘‘bright line’’ between 

the USML and the CCL for the control 

of these articles. 

One major change of this rule is the 

listing of specific materials that warrant 

ITAR control caught by former ‘‘catchall’’ paragraphs. Examples of materials 

added because of deletion of catch-all 

paragraphs are as follows: Tetrazines 

(BTAT (Bis(2,2,2-trinitroethyl)-3,6- 

diaminotetrazine); LAX–112 (3,6- 

diamino- 1,2,4,5-tetrazine- 1,4-dioxide); 

PNO (Poly(3-nitrato oxetane); 4,5 

diazidomethyl-2-methyl-1,2,3-triazole 

(iso- DAMTR)); TEPB (Tris 

(ethoxyphenyl) bismuth) (CAS 90591– 

48–3); and TEX (4,10-Dinitro-2,6,8,12- 

tetraoxa-4,10-diazaisowurtzitane). 

Materials once captured in the catch-all 

paragraphs that do not warrant control 

on the USML are to be controlled on the 

CCL. Examples of such materials 

removed from various catch-all 

paragraphs and controlled on the CCL 

are spherical aluminum powder and 

hydrazine and its derivatives. 

Articles common to the MTCR Annex 

and articles in this category are 

identified with the parenthetical ‘‘(MT)’’ 

at the end of each section containing 

such articles. 

A new ‘‘(x) paragraph’’ has been 

added to USML Category V, allowing 

ITAR licensing for commodities, 

software, and technical data subject to 

the EAR provided those commodities, 

software, and technical data are to be 

used in or with defense articles 

controlled in USML Category V and are 

described in the purchase 

documentation submitted with the 

application. 

This revision of USML Category V 

was first published as a proposed rule 

(RIN 1400–AD02) on May 2, 2012, for 

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36 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

public comment (see 77 FR 25944). The 

comment period ended June 18, 2012. 

The public comments were reviewed 

and considered by the Department and 

other agencies. The Department’s 

evaluation of the written comments and 

recommendations follows. 

One commenting party recommended 

quantifying the level of concentration 

that would establish USML control of 

certain items that have commercial 

applications. For two of these items— 

RDX and its derivatives and HMX and 

its derivatives—the MTCR Annex does 

not provide for a minimum level for 

establishing control as a munitions item. 

For the other two—Tetryl and 1,3,5- 

trichlorobenezene—the Department 

determined that there is no minimum 

level for identifying military utility or 

lack thereof. Therefore, the Department 

did not accept this recommendation. 

In response to one commenting 

party’s concern that the changing of a 

control criterion for explosives in 

paragraph (a)(38) may lead to the 

control under the USML of articles 

previously determined to be controlled 

under the CCL, the Department reverted 

to the previously-provided threshold of 

8,700m/s. 

One commenting party recommended 

removal of the control for 

developmental explosives, etc., when 

developed under a contract with the 

U.S. Government because this would 

stymie university fundamental research. 

The Department does not accept this 

recommendation, but revised paragraph 

(i) to qualify the control of such articles 

under development. 

The Department did not accept the 

recommendation of one commenting 

party to adopt the American Society for 

Metals definition for ‘‘alloy’’ so as to 

clarify the controls provided in 

paragraphs (c)(4)(ii)(B) and (c)(4)(iii) 

because the context of the controls 

makes clear that any alloys of materials 

covered in those paragraphs would 

automatically meet the criteria of that 

definition of alloy. 

Revision of USML Category IX 

This final rule revises USML Category 

IX, covering military training 

equipment, to more accurately describe 

the articles within this category in order 

to establish a ‘‘bright line’’ between the 

USML and the CCL for the control of 

these articles. 

The title of the category is changed to 

indicate that it covers training 

equipment only. Training on a defense 

article would be a defense service 

covered under the category in which the 

defense article is enumerated. 

Paragraph (a) lists all the types of 

training equipment covered in this 

category. Paragraph (b) is revised to 

more specifically describe the items 

(simulators) controlled therein. Tooling 

and production equipment, formerly 

controlled in paragraph (c), are covered 

on the CCL in ECCN 0B614. 

Radar target generators are to be 

controlled in USML Category XI(a). 

Until the revised USML Category XI 

goes into effect, radar target generators 

are enumerated in paragraph (a). 

Similarly, infrared scene generators are 

enumerated in paragraph (a), although 

the intention is to control them in a 

revised USML Category XII. 

Upon the effective date of this rule 

USML Category IX will not contain 

controls on all generic parts, 

components, accessories, and 

attachments (formerly captured in 

paragraph (d)) that are in any way 

specifically designed or modified for a 

defense article described in USML 

Category IX, regardless of their 

significance to maintaining a military 

advantage for the United States. These 

items are subject to the new 600 series 

controls in Category 0 of the CCL, 

published separately by the Department 

of Commerce elsewhere in this issue of 

the Federal Register. 

A new ‘‘(x) paragraph’’ has been 

added to USML Category IX, allowing 

ITAR licensing for commodities, 

software, and technical data subject to 

the EAR provided those commodities, 

software, and technical data are to be 

used in or with defense articles 

controlled in USML Category IX and are 

described in the purchase 

documentation submitted with the 

application. 

This revision of USML Category IX 

was first published as a proposed rule 

(RIN 1400–AD02) on June 13, 2012, for 

public comment (see 77 FR 35317). The 

comment period ended July 30, 2012. 

The public comments were reviewed 

and considered by the Department and 

other agencies. The Department’s 

evaluation of the written comments and 

recommendations follows. 

The Department received proposals 

for alternative phrasing of the regulatory 

text in USML Category IX. When the 

recommended changes added to the 

clarity of the regulation, did not alter 

the intended scope of the control, and 

were consistent with ECR objectives, the 

Department accepted them. 

One commenting party recommended 

the removal of paragraph (b)(4), which 

covers software used for modeling or 

simulation, as the control of software 

elsewhere on the USML is related to 

hardware. The commenting party was 

concerned that treating it differently 

here may cause confusion over what 

software is controlled in other 

categories. The Department did not 

accept this recommendation because, in 

this instance, the enumerated software 

is the object of control. The Department 

believes that the control for software in 

other categories is clear. 

To address the concerns of one 

commenting party that paragraph (a)(2) 

would control articles outside the 

definition of a defense article, the 

Department added a note to that 

paragraph explaining that mockups of 

defense articles that do not reveal 

technical data and do not contain parts, 

components, accessories, or attachments 

controlled on the USML are themselves 

not controlled on the USML. 

Revision of USML Category X 

This final rule revises USML Category 

X, covering personal protective 

equipment, in order to establish a 

‘‘bright line’’ between the USML and the 

CCL for the control of these articles. 

The title of the category is changed to 

remove reference to shelters, as those 

items formerly enumerated in paragraph 

(b) (permanent or transportable shelters 

specifically designed or modified to 

protect against ballistic shock or impact 

and nuclear, biological, or chemical 

contamination) are now subject to the 

EAR and controlled under ECCN 1A613. 

Body armor enumerated in paragraph 

(a)(1) is that which meets or exceeds NIJ 

Standard-0101.06 Type IV. Type III 

body armor formerly on the USML is 

controlled on the CCL under ECCN 

1A613. Anti-gravity suits, pressure 

suits, and atmosphere diving suits, 

formerly controlled in paragraphs (a)(3), 

(a)(4), and (a)(5), respectively, are now 

subject to the EAR. Paragraph (a)(7) 

controls certain protective goggles, 

spectacles, and visors with an optical 

density of greater than 3. 

Equipment for the production of 

articles covered in this category (former 

paragraph (c)), are controlled on the 

CCL under ECCN 1B613. 

Paragraph (d), which controls parts, 

components, assemblies, accessories, 

attachments, and associated equipment, 

is limited in scope to include only 

ceramic or composite body armor plates, 

laser protective lenses and other 

materials for the articles enumerated in 

paragraph (a)(7), and classified 

hardware. As with the revision of other 

categories, USML Category X will not 

control generic, non-specific parts, 

components, accessories, and 

attachments that are in any way 

specifically designed or modified for a 

defense article, regardless of their 

significance to maintaining a military 

advantage for the United States. These 

items are subject to the new 600 series 

controls in Category 1 of the CCL, 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 37 

published separately by the Department 

of Commerce. 

A new ‘‘(x) paragraph’’ has been 

added to USML Category X, allowing 

ITAR licensing for commodities, 

software, and technical data subject to 

the EAR provided those commodities, 

software, and technical data are to be 

used in or with defense articles 

controlled in USML Category X and are 

described in the purchase 

documentation submitted with the 

application. 

This revision of USML Category X 

was first published as a proposed rule 

(RIN 1400–AD16) on June 7, 2012, for 

public comment (see 77 FR 33698). The 

comment period ended July 23, 2012. 

The public comments were reviewed 

and considered by the Department and 

other agencies. The Department’s 

evaluation of the written comments and 

recommendations follows. 

In response to one commenting 

party’s concern that the paragraph 

controlling goggles, etc., was written in 

a manner that would control 

commercial articles, the Department 

revised the text to better describe the 

articles meriting control on the USML. 

Two commenting parties expressed 

concern that the control for 

developmental articles would capture 

articles solely on the basis of being 

developed via funding by the 

Department of Defense, even though 

they were being developed for 

commercial applications. The 

Department revised that paragraph to 

make clear that, among other things, it 

does not capture articles identified in 

the relevant Department of Defense 

contract or other funding authorization 

as being developed for both civil and 

military applications. 

One commenting party recommended 

that generic, non-specific parts, 

components, accessories, and 

attachments for articles covered in this 

category not be controlled on the USML. 

Paragraph (d), which covers parts, 

components, assemblies, accessories, 

attachments, and associated equipment 

for this category, is limited in scope to 

include only ceramic or composite body 

armor plates, laser protective lenses and 

other materials for the articles 

enumerated in paragraph (a)(7), and 

classified hardware. The Department 

believes the rule is consistent with the 

commenting party’s recommendation. 

Revision of USML Category XVI 

This final rule removes most of the 

articles formerly enumerated in USML 

Category XVI (nuclear weapons related 

articles). The provisions of 22 CFR 120– 

130 do not apply to the articles, 

technical data, or services formerly 

described in USML Category XVI to the 

extent that exports of such articles, 

technical data, or services are under the 

export control of the Department of 

Energy or the Nuclear Regulatory 

Commission pursuant to the Atomic 

Energy Act of 1954, as amended, and 

the Nuclear Non-Proliferation Act of 

1978, as amended, or are pursuant to a 

government transfer authorized 

pursuant to these Acts. 

USML Category XVI will continue to 

control modeling or simulation tools 

that model or simulate the 

environments generated by nuclear 

detonations or the effects of these 

environments on systems, subsystems, 

components, structures, or humans, and 

technical data and defense services 

directly related to those defense articles. 

Nuclear radiation detection and 

measurement devices formerly in 

paragraph (c) are subject to the EAR 

under already existing ECCN 1A004.c.2 

or 2A291.e. 

A new ‘‘(x) paragraph’’ has been 

added to USML Category XVI, allowing 

ITAR licensing for commodities, 

software, and technical data subject to 

the EAR provided those commodities, 

software, and technical data are to be 

used in or with defense articles 

controlled in USML Category XVI and 

are described in the purchase 

documentation submitted with the 

application. 

This revision of USML Category XVI 

was first published as a proposed rule 

(RIN 1400–AD18) on January 30, 2013, 

for public comment (see 78 FR 6269). 

The comment period ended March 18, 

2013. The public comments were 

reviewed and considered by the 

Department and other agencies. The 

Department’s evaluation of the written 

comments and recommendations 

follows. 

One commenting party expressed 

concern that not controlling on the 

USML parts and components ‘‘necessary 

for the [nuclear] weapon to be secured, 

made safe, survive to target, and 

detonate as planned’’ will result in these 

articles becoming vulnerable to 

counterfeiting, sabotage, and 

compromise. The Department of Energy 

has always maintained and will retain 

control of nuclear weapon-related 

articles, so this revision of USML 

Category XVI does not represent a 

loosening of controls. 

One commenting party inquired 

whether an accessory for a modeling or 

simulation tool controlled in paragraph 

(b) is USML-controlled. The Department 

added a paragraph to the category to 

control parts, components, accessories, 

attachments, and associated equipment, 

to correct for an unintentional omission. 

This paragraph would control 

accessories for articles controlled in 

paragraph (b). 

One commenting party recommended 

including a note that USML Category 

XVI does not control modeling or 

simulation tools that are controlled by 

the Department of Energy pursuant to 

the Atomic Energy Act. The Department 

did not accept this recommendation 

because ITAR § 123.20 explicitly states 

that the ITAR does not apply to nuclear 

weapon-related articles to the extent 

that such articles are under the control 

of the Department of Energy or the 

Nuclear Regulatory Commission 

pursuant to the Atomic Energy Act of 

1954, as amended, and the Nuclear NonProliferation Act, as amended. 

In response to one commenting 

party’s inquiry, the Department 

confirms that hardware and software are 

within the scope of USML Category XVI. 

One commenting party requested 

information on the export licensing 

procedure for items formerly listed in 

USML Category XVI but now clarified as 

being under the jurisdiction of the 

Department of Energy. The Department 

refers the commenting party to the 

Department of Energy’s National 

Nuclear Security Administration for its 

policies and procedures. 

Definition for ‘‘Equipment’’ 

A definition for the term ‘‘equipment’’ 

is added to ITAR § 121.8. The 

Department proposed this definition for 

public comment in a proposed rule (RIN 

1400–AD25) published on November 

28, 2012 (see 77 FR 70958). The 

Department accepted the 

recommendation of a commenting party 

to add the newly defined term 

‘‘equipment’’ to the definition of 

‘‘system,’’ and amended ITAR § 121.8(g) 

accordingly. In addition, it made 

editorial changes to the other 

paragraphs in that section. 

Other Technical Changes Included in 

This Rule 

ITAR § 121.5, which provided 

clarification of paragraph (c) of USML 

Category IV, is removed. Articles 

formerly listed therein are now 

identified in a note to paragraph (c) or 

are enumerated in paragraph (h) of 

USML Category IV. 

ITAR § 121.11, which listed items not 

covered in paragraph (a) of USML 

Category IV, is removed. 

ITAR § 123.20 is revised to replace 

certain undefined terms with terms 

defined and in normal use in the ITAR, 

and to provide citation of Department of 

Commerce authorities regarding the 

export of nuclear related items. ITAR 

§ 124(c)(5) is revised to remove 

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38 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

subparagraphs (iii), (ix), and (xi), in 

accordance with the revision of USML 

Category XVI. And ITAR § 125.1(e) is 

revised to refer to ITAR § 123.20 for the 

export of technical data related to 

articles in USML Categories VI(e), XVI, 

and XX(b)(1). 

Adoption of Proposed Rules and Other 

Changes 

Having reviewed and evaluated the 

comments and recommended changes 

for the USML Category IV, USML 

Category V, USML Category IX, USML 

Category X, and USML Category XVI 

proposed rules, as well as the proposed 

rule that included the definition of 

‘‘equipment,’’ the Department 

determined that it will, and hereby 

does, adopt them, with changes noted 

and other technical corrections, and 

promulgates them in final form under 

this rule. 

Regulatory Analysis and Notices 

Administrative Procedure Act 

The Department of State is of the 

opinion that controlling the import and 

export of defense articles and services is 

a foreign affairs function of the United 

States Government and that rules 

implementing this function are exempt 

from sections 553 (rulemaking) and 554 

(adjudications) of the Administrative 

Procedure Act (APA). Although the 

Department is of the opinion that this 

rule is exempt from the rulemaking 

provisions of the APA, the Department 

published this rule as separate proposed 

rules identified as 1400–AD02, 1400– 

AD15, 1400–AD16, 1400–AD18, 1400– 

AD19, and 1400–AD25, each with a 45- 

or 60-day provision for public comment 

and without prejudice to its 

determination that controlling the 

import and export of defense services is 

a foreign affairs function. 

Regulatory Flexibility Act 

Since the Department is of the 

opinion that this rule is exempt from the 

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

requirement for an analysis under the 

Regulatory Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This rulemaking does not involve a 

mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

For purposes of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (the ‘‘Act’’), a ‘‘major’’ rule is a 

rule that the Administrator of the OMB 

Office of Information and Regulatory 

Affairs finds has resulted or is likely to 

result in (1) an annual effect on the 

economy of $100,000,000 or more; (2) a 

major increase in costs or prices for 

consumers, individual industries, 

federal, state, or local government 

agencies, or geographic regions; or (3) 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

foreign markets. 

The Department does not believe this 

rulemaking will have an annual effect 

on the economy of $100,000,000 or 

more. Articles that are being removed 

from coverage in the U.S. Munitions List 

categories contained in this rule will 

still require licensing for export, but 

from the Department of Commerce. 

While the licensing regime of the 

Department of Commerce is more 

flexible than that of the Department of 

State, it is not expected that the change 

in jurisdiction of these articles will 

result in an export difference of 

$100,000,000 or more. 

The Department also does not believe 

that this rulemaking will result in a 

major increase in costs or prices for 

consumers, individual industries, 

federal, state, or local government 

agencies, or geographic regions, or have 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

foreign markets. 

Executive Orders 12372 and 13132 

This rulemaking will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this rulemaking 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this rulemaking. 

Executive Orders 12866 and 13563 

Executive Orders 12866 and 13563 

direct agencies to assess 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, distributed impacts, and equity). 

These executive orders stress the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rulemaking has been 

designated a ‘‘significant regulatory 

action,’’ although not economically 

significant, under section 3(f) of 

Executive Order 12866. Accordingly, 

this rule has been reviewed by the 

Office of Management and Budget 

(OMB). 

Executive Order 12988 

The Department of State reviewed this 

rulemaking in light of sections 3(a) and 

3(b)(2) of Executive Order 12988 to 

eliminate ambiguity, minimize 

litigation, establish clear legal 

standards, and reduce burden. 

Executive Order 13175 

The Department of State determined 

that this rulemaking will not have tribal 

implications, will not impose 

substantial direct compliance costs on 

Indian tribal governments, and will not 

preempt tribal law. Accordingly, the 

requirements of Executive Order 13175 

do not apply to this rulemaking. 

Paperwork Reduction Act 

Following is a listing of approved 

collections that will be affected by 

revision of the U.S. Munitions List 

(USML) and the Commerce Control List 

pursuant to the President’s Export 

Control Reform (ECR) initiative. This 

final rule continues the implementation 

of ECR. Other final rules will follow. 

The list of collections and the 

description of the manner in which they 

will be affected pertains to revision of 

the USML in its entirety, not only to the 

categories published in this rule: 

(1) Statement of Registration, DS– 

2032, OMB No. 1405–0002. The 

Department estimates that between 

3,000 and 5,000 of currently-registered 

persons will not need to maintain 

registration following full revision of the 

USML. This would result in a burden 

reduction of between 6,000 and 10,000 

hours annually, based on a revised time 

burden of two hours to complete a 

Statement of Registration. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 39 

(2) Application/License for Permanent 

Export of Unclassified Defense Articles 

and Related Unclassified Technical 

Data, DSP–5, OMB No. 1405–0003. The 

Department estimates that there will be 

35,000 fewer DSP–5 submissions 

annually following full revision of the 

USML. This would result in a burden 

reduction of 35,000 hours annually. In 

addition, the DSP–5 will allow 

respondents to select USML Category 

XIX, a newly-established category, as a 

description of articles to be exported. 

(3) Application/License for 

Temporary Import of Unclassified 

Defense Articles, DSP–61, OMB No. 

1405–0013. The Department estimates 

that there will be 200 fewer DSP–61 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 100 hours 

annually. In addition, the DSP–61 will 

allow respondents to select USML 

Category XIX, a newly-established 

category, as a description of articles to 

be temporarily imported. 

(4) Application/License for 

Temporary Export of Unclassified 

Defense Articles, DSP–73, OMB No. 

1405–0023. The Department estimates 

that there will be 800 fewer DSP–73 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 800 hours 

annually. In addition, the DSP–73 will 

allow respondents to select USML 

Category XIX, a newly-established 

category, as a description of articles to 

be temporarily exported. 

(5) Application for Amendment to 

License for Export or Import of 

Classified or Unclassified Defense 

Articles and Related Technical Data, 

DSP–6, –62, –74, –119, OMB No. 1405– 

0092. The Department estimates that 

there will be 2,000 fewer amendment 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 1,000 hours 

annually. In addition, the amendment 

forms will allow respondents to select 

USML Category XIX, a newlyestablished category, as a description of 

the articles that are the subject of the 

amendment request. 

(6) Request for Approval of 

Manufacturing License Agreements, 

Technical Assistance Agreements, and 

Other Agreements, DSP–5, OMB No. 

1405–0093. The Department estimates 

that there will be 1,000 fewer agreement 

submissions annually following full 

revision of the USML. This would result 

in a burden reduction of 2,000 hours 

annually. In addition, the DSP–5, the 

form used for the purposes of 

electronically submitting agreements, 

will allow respondents to select USML 

Category XIX, a newly-established 

category, as a description of articles to 

be exported. 

(7) Maintenance of Records by 

Registrants, OMB No. 1405–0111. The 

requirement to actively maintain 

records pursuant to provisions of the 

International Traffic in Arms 

Regulations (ITAR) will decline 

commensurate with the drop in the 

number of persons who will be required 

to register with the Department 

pursuant to the ITAR. As stated above, 

the Department estimates that between 

3,000 and 5,000 of the currentlyregistered persons will not need to 

maintain registration following full 

revision of the USML. This would result 

in a burden reduction of between 60,000 

and 100,000 hours annually. However, 

the ITAR does provide for the 

maintenance of records for a period of 

five years. Therefore, persons newly 

relieved of the requirement to register 

with the Department may still be 

required to maintain records. 

(8) Export Declaration of Defense 

Technical Data or Services, DS–4071, 

OMB No. 1405–0157. The Department 

estimates that there will be 2,000 fewer 

declaration submissions annually 

following full revision of the USML. 

This would result in a burden reduction 

of 1,000 hours annually. 

List of Subjects 

22 CFR 121 and 125 

Arms and munitions, Classified 

information, Exports. 

22 CFR 123 

Arms and munitions, Exports, 

Reporting and recordkeeping 

requirements. 

22 CFR 124 

Arms and munitions, Exports, 

Technical assistance. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 121, 123, 124 and 125 are 

amended as follows: 

PART 121—THE UNITED STATES 

MUNITIONS LIST 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

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

2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 

Stat. 1920; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

■ 2. Section 121.1 is amended by 

revising U.S. Munitions List Categories 

IV, V, IX, X, and XVI to read as follows: 

§ 121.1 General. The United States 

Munitions List. 

* * * * * 

Category IV—Launch Vehicles, Guided 

Missiles, Ballistic Missiles, Rockets, 

Torpedoes, Bombs, and Mines 

*(a) Rockets, space launch vehicles 

(SLVs), missiles, bombs, torpedoes, 

depth charges, mines, and grenades, as 

follows: 

(1) Rockets, SLVs, and missiles 

capable of delivering at least a 500-kg 

payload to a range of at least 300 km 

(MT); 

(2) Rockets, SLVs, and missiles 

capable of delivering less than a 500-kg 

payload to a range of at least 300 km 

(MT); 

(3) Man-portable air defense systems 

(MANPADS); 

(4) Anti-tank missiles and rockets; 

(5) Rockets, SLVs, and missiles not 

meeting the criteria of paragraphs (a)(1) 

through (a)(4) of this category; 

(6) Bombs; 

(7) Torpedoes; 

(8) Depth charges; 

(9) Anti-personnel, anti-vehicle, or 

anti-armor land mines (e.g., area denial 

devices); 

(10) Anti-helicopter mines; 

(11) Naval mines; or 

(12) Fragmentation and high 

explosive hand grenades. 

Note 1 to paragraph (a): ‘‘Range’’ is the 

maximum distance that the specified rocket 

system is capable of traveling in the mode of 

stable flight as measured by the projection of 

its trajectory over the surface of the Earth. 

The maximum capability based on the design 

characteristics of the system, when fully 

loaded with fuel or propellant, will be taken 

into consideration in determining range. The 

range for rocket systems will be determined 

independently of any external factors such as 

operational restrictions, limitations imposed 

by telemetry, data links, or other external 

constraints. For rocket systems, the range 

will be determined using the trajectory that 

maximizes range, assuming International 

Civil Aviation Organization (ICAO) standard 

atmosphere with zero wind. 

Note 2 to paragraph (a): ‘‘Payload’’ is the 

total mass that can be carried or delivered by 

the specified rocket, SLV, or missile that is 

not used to maintain flight. 

Note 3 to paragraph (a): This paragraph 

does not control model and high power 

rockets (as defined in National Fire 

Protection Association Code 1122) and kits 

thereof made of paper, wood, fiberglass, or 

plastic containing no substantial metal parts 

and designed to be flown with hobby rocket 

motors that are certified for consumer use. 

Such rockets must not contain active controls 

(e.g., RF, GPS). 

Note 4 to paragraph (a): ’’Mine’’ means a 

munition placed under, on, or near the 

ground or other surface area and designed to 

be exploded by the presence, proximity, or 

contact of a person or vehicle. 

*(b) Launchers for rockets, SLVs, and 

missiles, as follows: 

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40 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

(1) Fixed launch sites and mobile 

launcher mechanisms for any system 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category (e.g., launch 

tables, TOW missile, MANPADS) (MT); 

or 

(2) Fixed launch sites and mobile 

launcher mechanisms for any system 

enumerated in paragraphs (a)(3) through 

(a)(5) of this category (e.g., launch 

tables, TOW missile, MANPADS). 

Note 1 to paragraph (b): For controls on 

non-SLV launcher mechanisms for use on 

aircraft, see USML Category VIII(h). 

Note 2 to paragraph (b): For controls on 

launcher mechanisms that are integrated onto 

a vessel or ground vehicle, see USML 

Categories VI and VII, respectively. 

Note 3 to paragraph (b): This paragraph 

does not control parts and accessories (e.g., 

igniters, launch stands) specially designed 

for consumer use with model and high power 

rockets (as defined in National Fire 

Protection Association Code 1122) and kits 

thereof made of paper, wood, fiberglass, or 

plastic containing no substantial metal parts 

and designed to be flown with hobby rocket 

motors that are certified for consumer use. 

(c) Apparatus and devices specially 

designed for the handling, control, 

activation, monitoring, detection, 

protection, discharge, or detonation of 

the articles enumerated in paragraphs 

(a) and (b) of this category (MT for those 

systems enumerated in paragraphs 

(a)(1), (a)(2), and (b)(1) of this category). 

Note 1 to paragraph (c): This paragraph 

includes specialized handling equipment 

(transporters, cranes, and lifts) specially 

designed to handle articles enumerated in 

paragraphs (a) and (b) of this category for 

preparation and launch from fixed and 

mobile sites. The equipment in this 

paragraph also includes specially designed 

robots, robot controllers, and robot endeffectors, and liquid propellant tanks 

specially designed for the storage or handling 

of the propellants controlled in USML 

Category V, CCL ECCNs 1C011, 1C111, and 

1C608, or other liquid propellants used in the 

systems enumerated in paragraphs (a)(1), 

(a)(2), or (a)(5) of this category. 

Note 2 to paragraph (c): Aircraft Missile 

Protection Systems (AMPS) are controlled in 

USML Category XI. 

*(d) Rocket, SLV, and missile power 

plants, as follows: 

(1) Except as enumerated in paragraph 

(d)(2) or (d)(3) of this category, 

individual rocket stages for the articles 

enumerated in paragraph (a)(1), (a)(2), or 

(a)(5) of this category (MT for those 

stages usable in systems enumerated in 

paragraphs (a)(1) and (a)(2) of this 

category); 

(2) Solid propellant rocket motors, 

hybrid or gel rocket motors, or liquid 

propellant rocket engines having a total 

impulse capacity equal to or greater 

than 1.1 x 106 N·s (MT); 

(3) Solid propellant rocket motors, 

hybrid or gel rocket motors, or liquid 

propellant rocket engines having a total 

impulse capacity equal to or greater 

than 8.41 x 105 N·s, but less than 1.1 x 

106 N·s (MT); 

(4) Combined cycle, pulsejet, ramjet, 

or scramjet engines (MT); 

(5) Air-breathing engines that operate 

above Mach 4 not enumerated in 

paragraph (d)(4) of this category; 

(6) Pressure gain combustion-based 

propulsion systems not enumerated in 

paragraphs (d)(4) and (d)(5) of this 

category; or 

(7) Rocket, SLV, and missile engines 

and motors, not otherwise enumerated 

in paragraphs (d)(1) through (d)(6) of 

this category or USML Category XIX. 

Note to paragraph (d): This paragraph does 

not control model and high power rocket 

motors, containing no more than 5 pounds of 

propellant, that are certified for U.S. 

consumer use as described in National Fire 

Protection Association Code 1125. 

(e) [Reserved] 

(f) [Reserved] 

*(g) Non-nuclear warheads for 

rockets, bombs, and missiles (e.g., 

explosive, kinetic, EMP, thermobaric, 

shape charge, and fuel air explosive 

(FAE)). 

(h) Systems, subsystems, parts, 

components, accessories, attachments, 

or associated equipment, as follows: 

(1) Flight control and guidance 

systems (including guidance sets) 

specially designed for articles 

enumerated in paragraph (a) of this 

category (MT for those articles 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category); 

Note to paragraph (h)(1): A guidance set 

integrates the process of measuring and 

computing a vehicle’s position and velocity 

(i.e., navigation) with that of computing and 

sending commands to the vehicle’s flight 

control systems to correct the trajectory. 

(2) Seeker systems specially designed 

for articles enumerated in paragraph (a) 

of this category (e.g., radiofrequency, 

infrared) (MT for articles enumerated in 

paragraphs (a)(1) and (a)(2) of this 

category); 

(3) Kinetic kill vehicles and specially 

designed parts and components 

therefor; 

(4) Missile or rocket thrust vector 

control systems (MT for those thrust 

vector control systems usable in articles 

enumerated in paragraph (a)(1) of this 

category); 

(5) MANPADS grip stocks and 

specially designed parts and 

components therefor; 

(6) Rocket or missile nozzles and 

nozzle throats, and specially designed 

parts and components therefor (MT for 

those nozzles and nozzle throats usable 

in systems enumerated in paragraphs 

(a)(1) and (a)(2) of this category); 

(7) Rocket or missile nose tips, nose 

fairings, or aerospikes, and specially 

designed parts and components therefor 

(MT for those articles enumerated in 

paragraphs (a)(1) and (a)(2) of this 

category); 

(8) Re-entry vehicle or warhead heat 

shields (MT for those re-entry vehicles 

and heat shields usable in systems 

enumerated in paragraph (a)(1) of this 

category); 

(9) Missile and rocket safing, arming, 

fuzing, and firing (SAFF) components 

(to include target detection and 

proximity sensing devices), and 

specially designed parts therefor (MT 

for those SAFF components usable in 

systems enumerated in paragraph (a)(1) 

of this category); 

(10) Self-destruct systems specially 

designed for articles enumerated in 

paragraph (a) of this category (MT for 

those articles enumerated in paragraphs 

(a)(1) and (a)(2) of this category); 

(11) Separation mechanisms, staging 

mechanisms, and interstages useable for 

articles enumerated in paragraph (a) of 

this category, and specially designed 

parts and components therefor (MT for 

those separation mechanisms, staging 

mechanisms, and interstages usable in 

systems enumerated in paragraph (a)(1) 

of this category); 

(12) Post-boost vehicles (PBV) (MT); 

(13) Engine or motor mounts specially 

designed for articles enumerated in 

paragraphs (a) and (b) of this category 

(MT for those articles enumerated in 

paragraphs (a)(1), (a)(2), and (b)(1) of 

this category); 

(14) Combustion chambers specially 

designed for articles enumerated in 

paragraphs (a) and (d) of this category 

and specially designed parts and 

components therefor (MT for those 

articles enumerated in paragraphs (a)(1), 

(a)(2), (b)(1), and (d)(1) through (d)(5) of 

this category); 

(15) Injectors specially designed for 

articles controlled in this category (MT 

for those injectors specially designed 

which are usable in systems enumerated 

in paragraph (a)(1) of this category); 

(16) Solid rocket motor or liquid 

engine igniters; 

(17) Re-entry vehicles and specially 

designed parts and components therefor 

not elsewhere specified in this category 

(MT); 

Note to paragraph (h)(17): This paragraph 

does not control spacecraft. For controls on 

spacecraft, see USML Category XV and, if not 

described therein, then CCL ECCN 9A515. 

(18) Specially designed parts and 

components for articles controlled in 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 41 

paragraph (g) not elsewhere specified in 

this category; 

(19) Penetration aids and specially 

designed parts and components therefor 

(e.g., physical or electronic 

countermeasure suites, re-entry vehicle 

replicas or decoys, or submunitions); 

(20) Rocket motor cases and specially 

designed parts and components therefor 

(e.g., flanges, flange seals, end domes) 

(MT for those rocket motor cases usable 

in systems enumerated in paragraphs 

(a)(1) and (a)(2) of this category and for 

specially designed parts and 

components for hybrid rocket motors 

enumerated in paragraphs (d)(2) and 

(d)(3) of this category); 

(21) Solid rocket motor liners and 

rocket motor insulation (MT for those 

solid rocket motor liners usable in 

systems enumerated in paragraph (a)(1) 

of this category or specially designed for 

systems enumerated in paragraph (a)(2) 

of this category; and rocket motor 

insulation usable in systems 

enumerated in paragraphs (a)(1) and 

(a)(2) of this category); 

(22) Radomes, sensor windows, and 

antenna windows specially designed for 

articles enumerated in paragraph (a) of 

this category (MT for those radomes 

usable in systems enumerated in 

paragraph (a)(1) of this category and for 

any radomes, sensor windows, or 

antenna windows manufactured as 

composite structures or laminates 

specially designed for use in the 

systems and components enumerated in 

paragraph (a)(1), (a)(2), (d)(1), (h)(8), 

(h)(9), (h)(17), or (h)(25) of this 

category); 

(23) Rocket or missile payload 

fairings; 

(24) Rocket or missile launch 

canisters (MT for those rocket or missile 

launch canisters designed or modified 

for systems enumerated in paragraphs 

(a)(1) and (a)(2) of this category); 

(25) Fuzes specially designed for 

articles enumerated in paragraph (a) of 

this category (e.g., proximity, contact, 

electronic, dispenser proximity, 

airburst, variable time delay, or multioption) (MT for those fuzes usable in 

systems enumerated in paragraph (a)(1) 

of this category); 

(26) Rocket or missile liquid 

propellant tanks (MT for those rocket or 

missile liquid propellant tanks usable in 

systems enumerated in paragraph (a)(1) 

of this category); 

(27) Rocket or missile altimeters 

specially designed for use in articles 

enumerated in paragraph (a)(1) of this 

category (MT); 

(28) Pneumatic, hydraulic, 

mechanical, electro-optical, or 

electromechanical flight control systems 

(including fly-by-wire systems) and 

attitude control equipment specially 

designed for use in the rockets or 

missiles enumerated in paragraph (a)(1) 

of this category (MT for these systems 

which have been designed or modified 

for those enumerated in paragraph (a)(1) 

of this category); 

(29) Umbilical and interstage 

electrical connectors specially designed 

for use in the rockets or missiles 

enumerated in paragraph (a)(1) or (a)(2) 

of this category (MT); or 

Note to paragraph (h)(29): This paragraph 

also includes electrical connectors installed 

between the systems specified in paragraph 

(a)(1) or (a)(2) of this category and their 

payload. 

*(30) Any part, component, accessory, 

attachment, equipment, or system that 

(MT for those articles designated as 

such): 

(i) Is classified; 

(ii) Contains classified software 

directly related to defense articles in 

this subchapter or 600 series items 

subject to the EAR; or 

(iii) Is being developed using 

classified information. 

Note to paragraph (h)(30): ‘‘Classified’’ 

means classified pursuant to Executive Order 

13526, or predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the corresponding 

classification rules of another government or 

international organization. 

(i) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraphs (a) through 

(h) of this category and classified 

technical data directly related to items 

controlled in ECCNs 0A604, 0B604, 

0D604, 9A604, 9B604, or 9D604 and 

defense services using the classified 

technical data. (See § 125.4 of this 

subchapter for exemptions.) (MT for 

technical data and defense services 

related to articles designated as such.) 

(j)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

Note to Category IV: If a Missile 

Technology Control Regime Category I item 

is included in a system, that system will also 

be considered as a Category I item, except 

when the incorporated item cannot be 

separated, removed, or duplicated. 

Category V—Explosives and Energetic 

Materials, Propellants, Incendiary 

Agents, and Their Constituents 

*(a) Explosives, and mixtures thereof, 

as follows: 

(1) ADNBF 

(aminodinitrobenzofuroxan or 7-Amino 

4,6-dinitrobenzofurazane-1-oxide) (CAS 

97096–78–1); 

(2) BNCP (cis-bis(5-nitrotetrazolato) 

tetra amine-cobalt (III) perchlorate) 

(CAS 117412–28–9); 

(3) CL–14 

(diaminodinitrobenzofuroxan or 5,7- 

diamino-4,6-dinitrobenzofurazane-1- 

oxide) (CAS 117907–74–1); 

(4) CL–20 (HNIW or 

Hexanitrohexaazaisowurtzitane) (CAS 

135285–90–4); clathrates of CL–20 (MT 

for CL–20); 

(5) CP (2-(5-cyanotetrazolato) penta 

aminecobalt (III) perchlorate) (CAS 

70247–32–4); 

(6) DADE (1,1-diamino-2,2- 

dinitroethylene, FOX–7); 

(7) DATB (Diaminotrinitrobenzene) 

(CAS 1630–08–6); 

(8) DDFP (1,4- 

dinitrodifurazanopiperazine); 

(9) DDPO (2,6-diamino-3,5- 

dinitropyrazine-1-oxide, PZO) (CAS 

194486–77–6); 

(10) DIPAM (3,3′-Diamino2,2′,4,4′,6,6′-hexanitrobiphenyl or 

dipicramide) (CAS 17215–44–0); 

(11) DNAN (2,4-Dinitroanisole) (CAS 

119–27–7); 

(12) DNGU (DINGU or 

dinitroglycoluril) (CAS 55510–04–8); 

(13) Furazans, as follows: 

(i) DAAOF (DAAF, DAAFox, or 

diaminoazoxyfurazan); 

(ii) DAAzF (diaminoazofurazan) (CAS 

78644–90–3); 

(iii) ANF (Furazanamine, 4-nitro- or 3- 

Amino-4-nitrofurazan; or 4-Nitro-1,2,5- 

oxadiazol-3-amine; or 4-Nitro-3- 

furazanamine; CAS 66328–69–6); or 

(iv) ANAzF (Aminonitroazofurazan or 

1,2,5-Oxadiazol-3-amine, 4-[2-(4-nitro1,2,5-oxadiazol-3-yl) diazenyl]; or 1,2,5- 

Oxadiazol-3-amine, 4-[(4-nitro-1,2,5- 

oxadiazol-3-yl)azo]- (9CI); or 

Furazanamine, 4-[(nitrofurananyl)azo]-; 

or 4-[(4-Nitro-1,2,5-oxadiazol-3-yl)azo]- 

1,2,5-oxadiazol-3-amine) (CAS 155438– 

11–2); 

(14) GUDN (Guanylurea dinitramide) 

FOX–12 (CAS 217464–38–5); 

(15) HMX and derivatives, as follows: 

(i) HMX 

(Cyclotetramethylenetetranitramine; 

octahydro-1,3,5,7-tetranitro-1,3,5,7- 

tetrazine; 1,3,5,7-tetranitro-1,3,5,7- 

tetraza-cyclooctane; octogen, octogene) 

(CAS 2691–41–0) (MT); 

(ii) Difluoroaminated analogs of HMX; 

or 

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(iii) K–55 (2,4,6,8-tetranitro-2,4,6,8- 

tetraazabicyclo [3,3,0]-octanone-3, 

tetranitrosemiglycouril, or keto-bicyclic 

HMX) (CAS 130256–72–3); 

(16) HNAD (hexanitroadamantane) 

(CAS 143850–71–9); 

(17) HNS (hexanitrostilbene) (CAS 

20062–22–0); 

(18) Imidazoles, as follows: 

(i) BNNII (Octohydro-2,5- 

bis(nitroimino) imidazo [4,5- 

d]imidazole); 

(ii) DNI (2,4-dinitroimidazole) (CAS 

5213–49–0); 

(iii) FDIA (1-fluoro-2,4- 

dinitroimidazole); 

(iv) NTDNIA (N-(2-nitrotriazolo)-2,4- 

dinitro-imidazole); or 

(v) PTIA (1-picryl-2,4,5- 

trinitroimidazole); 

(19) NTNMH (1-(2-nitrotriazolo)-2- 

dinitromethylene hydrazine); 

(20) NTO (ONTA or 3-nitro-1,2,4- 

triazol-5-one) (CAS 932–64–9); 

(21) Polynitrocubanes with more than 

four nitro groups; 

(22) PYX (2,6-Bis(picrylamino)-3,5- 

dinitropyridine) (CAS 38082–89–2); 

(23) RDX and derivatives, as follows: 

(i) RDX 

(cyclotrimethylenetrinitramine), 

cyclonite, T4, hexahydro-1,3,5-trinitro1,3,5-triazine, 1,3,5-trinitro-1,3,5-triazacyclohexane, hexogen, or hexogene) 

(CAS 121–82–4) (MT); 

(ii) Keto-RDX (K–6 or 2,4,6-trinitro2,4,6-triazacyclohexanone) (CAS 

115029–35–1); or 

(iii) Difluoraminated derivative of 

RDX; 1,3-Dinitro-5,5- 

bis(difluoramino)1,3-diazahexane (CAS 

No. 193021–34–0); 

(24) TAGN 

(Triaminoguanidinenitrate) (CAS 4000– 

16–2); 

(25) TATB (Triaminotrinitrobenzene) 

(CAS 3058–38–6); 

(26) TEDDZ (3,3,7,7- 

tetrakis(difluoroamine) octahydro-1,5- 

dinitro-1,5-diazocine; 

(27) Tetrazines, as follows: 

(i) BTAT (Bis(2,2,2-trinitroethyl)-3,6- 

diaminotetrazine); or 

(ii) LAX–112 (3,6-diamino-1,2,4,5- 

tetrazine-1,4-dioxide); 

(28) Tetrazoles, as follows: 

(i) NTAT (nitrotriazolaminotetrazole); 

or 

(ii) NTNT (1-N-(2-nitrotriazolo)-4- 

nitrotetrazole); 

(29) Tetryl 

(trinitrophenylmethylnitramine) (CAS 

479–45–8); 

(30) TEX (4,10-Dinitro-2,6,8,12- 

tetraoxa-4,10-diazaisowurtzitane); 

(31) TNAD (1,4,5,8-tetranitro-1,4,5,8- 

tetraazadecalin) (CAS 135877–16–6); 

(32) TNAZ (1,3,3-trinitroazetidine) 

(CAS 97645–24–4); 

(33) TNGU (SORGUYL or 

tetranitroglycoluril) (CAS 55510–03–7); 

(34) TNP (1,4,5,8-tetranitropyridazino [4,5-d] pyridazine) (CAS 

229176–04–9); 

(35) Triazines, as follows: 

(i) DNAM (2-oxy-4,6-dinitroamino-striazine) (CAS 19899–80–0); or 

(ii) NNHT (2-nitroimino-5-nitrohexahydro-1,3,5 triazine) (CAS 130400– 

13–4); 

(36) Triazoles, as follows: 

(i) 5-azido-2-nitrotriazole; 

(ii) ADHTDN (4-amino-3,5- 

dihydrazino-1,2,4-triazole dinitramide) 

(CAS 1614–08–0); 

(iii) ADNT (1-amino-3,5-dinitro-1,2,4- 

triazole); 

(iv) BDNTA 

(Bis(dinitrotriazole)amine); 

(v) DBT (3,3′-dinitro-5,5-bi-1,2,4- 

triazole) (CAS 30003–46–4); 

(vi) DNBT (dinitrobistriazole) (CAS 

70890–46–9); 

(vii) NTDNT (1–N-(2-nitrotriazolo) 

3,5-dinitro-triazole); 

(viii) PDNT (1-picryl-3,5- 

dinitrotriazole); or 

(ix) TACOT 

(tetranitrobenzotriazolobenzotriazole) 

(CAS 25243–36–1); 

(37) Energetic ionic materials melting 

between 70 and °degrees C and with 

detonation velocity exceeding 6800 m/ 

s or detonation pressure exceeding 18 

GPa (180 kbar); or 

(38) Explosives, not otherwise 

enumerated in this paragraph or on the 

CCL in ECCN 1C608, with a detonation 

velocity exceeding 8700 m/s at 

maximum density or a detonation 

pressure exceeding 34 Gpa (340 kbar). 

*(b) Propellants, as follows (MT for 

composite and composite modified 

double-base propellants): 

(1) Any solid propellant with a 

theoretical specific impulse (see 

paragraph (k)(4) of this category) greater 

than: 

(i) 240 seconds for non-metallized, 

non-halogenated propellant; 

(ii) 250 seconds for non-metallized, 

halogenated propellant; or 

(iii) 260 seconds for metallized 

propellant; 

(2) Propellants having a force constant 

of more than 1,200 kJ/Kg; 

(3) Propellants that can sustain a 

steady-state burning rate more than 38 

mm/s under standard conditions (as 

measured in the form of an inhibited 

single strand) of 6.89 Mpa (68.9 bar) 

pressure and 294K (21°C); 

(4) Elastomer-modified cast doublebased propellants with extensibility at 

maximum stress greater than 5% at 233 

K (¥40°C); or 

(5) Other composite and composite 

modified double-base propellants. 

(c) Pyrotechnics, fuels and related 

substances, and mixtures thereof, as 

follows: 

(1) Alane (aluminum hydride) (CAS 

7784–21–6); 

(2) Carboranes; decaborane (CAS 

17702–41–9); pentaborane and 

derivatives thereof (MT); 

(3) Liquid high energy density fuels, 

as follows (MT): 

(i) Mixed fuels that incorporate both 

solid and liquid fuels, such as boron 

slurry, having a mass-based energy 

density of 40 MJ/kg or greater; or 

(ii) Other high energy density fuels 

and fuel additives (e.g., cubane, ionic 

solutions, JP–7, JP–10) having a volumebased energy density of 37.5 GJ per 

cubic meter or greater, measured at 20°C 

and one atmosphere (101.325 kPa) 

pressure; 

Note to paragraph (c)(3)(ii): JP–4, JP–8, 

fossil refined fuels or biofuels, or fuels for 

engines certified for use in civil aviation are 

not included. 

(4) Metal fuels, and fuel or 

pyrotechnic mixtures in particle form 

whether spherical, atomized, 

spheroidal, flaked, or ground, 

manufactured from material consisting 

of 99% or more of any of the following: 

(i) Metals, and mixtures thereof, as 

follows: 

(A) Beryllium (CAS 7440–41–7) in 

particle sizes of less than 60 

micrometers (MT); or 

(B) Iron powder (CAS 7439–89–6) 

with particle size of 3 micrometers or 

less produced by reduction of iron oxide 

with hydrogen; 

(ii) Fuel mixtures or pyrotechnic 

mixtures, which contain any of the 

following: 

(A) Boron (CAS 7440–42–8) or boron 

carbide (CAS 12069–32–8) fuels of 85% 

purity or higher and particle sizes of 

less than 60 micrometers; or 

(B) Zirconium (CAS 7440–67–7), 

magnesium (CAS 7439–95–4), or alloys 

of these in particle sizes of less than 60 

micrometers; 

(iii) Explosives and fuels containing 

the metals or alloys listed in paragraphs 

(c)(4)(i) and (c)(4)(ii) of this category 

whether or not the metals or alloys are 

encapsulated in aluminum, magnesium, 

zirconium, or beryllium; 

(5) Fuel, pyrotechnic, or energetic 

mixtures having any nanosized 

aluminum, beryllium, boron, zirconium, 

magnesium, or titanium, as follows: 

(i) Having particle size less than 200 

nm in any direction; and 

(ii) Having 60% or higher purity; 

(6) Pyrotechnic and pyrophoric 

materials, as follows: 

(i) Pyrotechnic or pyrophoric 

materials specifically formulated to 

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enhance or control the production of 

radiated energy in any part of the IR 

spectrum; or 

(ii) Mixtures of magnesium, 

polytetrafluoroethylene and the 

copolymer vinylidene difluoride and 

hexafluoropropylene (MT); 

(7) Titanium subhydride (TiHn) of 

stoichiometry equivalent to n = 0.65– 

1.68; or 

(8) Hydrocarbon fuels specially 

formulated for use in flame throwers or 

incendiary munitions containing metal 

stearates (e.g., octal) or palmitates, and 

M1, M2, and M3 thickeners. 

(d) Oxidizers, as follows: 

(1) ADN (ammonium dinitramide or 

SR–12) (CAS 140456–78–6) (MT); 

(2) AP (ammonium perchlorate) (CAS 

7790–98–9) (MT); 

(3) BDNPN (bis(2,2- 

dinitropropyl)nitrate) (CAS 28464–24– 

6); 

(4) DNAD (1,3-dinitro-1,3-diazetidine) 

(CAS 78246–06–7); 

(5) HAN (Hydroxylammonium nitrate) 

(CAS 13465–08–2); 

(6) HAP (hydroxylammonium 

perchlorate) (CAS 15588–62–2); 

(7) HNF (Hydrazinium nitroformate) 

(CAS 20773–28–8) (MT); 

(8) Hydrazine nitrate (CAS 37836–27– 

4) (MT); 

(9) Hydrazine perchlorate (CAS 

27978–54–7) (MT); 

(10) Inhibited red fuming nitric acid 

(IRFNA) (CAS 8007–58–7) and liquid 

oxidizers comprised of or containing 

IRFNA or oxygen difluoride (MT for 

liquid oxidizers comprised of IRFNA); 

or 

(11) Perchlorates, chlorates, and 

chromates composited with powdered 

metal or other high energy fuel 

components controlled under this 

category (MT). 

*(e) Binders, and mixtures thereof, as 

follows: 

(1) AMMO 

(azidomethylmethyloxetane and its 

polymers) (CAS 90683–29–7); 

(2) BAMO (bis(azidomethyl)oxetane 

and its polymers) (CAS 17607–20–4); 

(3) BTTN (butanetriol trinitrate) (CAS 

6659–60–5) (MT); 

(4) FAMAO (3-difluoroaminomethyl3-azidomethyloxetane) and its 

polymers; 

(5) FEFO (bis(2-fluoro-2,2- 

dinitroethyl)formal) (CAS 17003–79–1); 

(6) GAP (glycidyl azide polymer) 

(CAS 143178–24–9) and its derivatives 

(MT for GAP); 

(7) HTPB (hydroxyl-terminated 

polybutadiene) with a hydroxyl 

functionality equal to or greater than 2.2 

and less than or equal to 2.4, a hydroxyl 

value of less than 0.77 meq/g, and a 

viscosity at 30 °C of less than 47 poise 

(CAS 69102–90–5) (MT); 

(8) 4,5 diazidomethyl-2-methyl-1,2,3- 

triazole (iso-DAMTR) (MT); 

(9) NENAS (nitratoethylnitramine 

compounds), as follows: 

(i) N-Methyl 2-nitratoethylnitramine 

(Methyl-NENA) (CAS 17096–47–8) 

(MT); 

(ii) N-Ethyl 2-nitratoethylnitramine 

(Ethyl-NENA) (CAS 85068–73–1) (MT); 

(iii) N-Propyl 2-nitratoethylnitramine 

(CAS 82486–83–7); 

(iv) N-Butyl-2-nitratoethylnitramine 

(BuNENA) (CAS 82486–82–6); or 

(v) N-Pentyl 2-nitratoethylnitramine 

(CAS 85954–06–9); 

(10) Poly-NIMMO (poly 

nitratomethylmethyoxetane, polyNMMO, (poly[3-nitratomethyl-3-methyl 

oxetane]) (CAS 84051–81–0); 

(11) PNO (Poly(3-nitratooxetane)); 

(12) TVOPA 1,2,3-Tris [1,2- 

bis(difluoroamino)ethoxy]propane; tris 

vinoxy propane adduct (CAS 53159–39– 

0); 

(13) Polynitrorthocarbonates; 

(14) FPF–1 (poly-2,2,3,3,4,4- 

hexafluoro pentane-1,5-diolformal) 

(CAS 376–90–9); 

(15) FPF–3 (poly-2,4,4,5,5,6,6- 

heptafluoro-2-trifluoromethyl-3- 

oxaheptane-1,7-diolformal); 

(16) PGN (Polyglycidyl nitrate or 

poly(nitratomethyloxirane); polyGLYN); (CAS 27814–48–8); 

(17) N-methyl-p-nitroaniline (MT); 

(18) Low (less than 10,000) molecular 

weight, alcohol-functionalized, 

poly(epichlorohydrin); 

poly(epichlorohydrindiol); and triol; or 

(19) Dinitropropyl based plasticizers, 

as follows (MT): 

(i) BDNPA (bis (2,2-dinitropropyl) 

acetal) (CAS 5108–69–0); or 

(ii) BDNPF (bis (2,2-dinitropropyl) 

formal) (CAS 5917–61–3). 

(f) Additives, as follows: 

(1) Basic copper salicylate (CAS 

62320–94–9); 

(2) BHEGA (Bis-(2- 

hydroxyethyl)glycolamide) (CAS 

17409–41–5); 

(3) BNO (Butadienenitrile oxide); 

(4) Ferrocene derivatives, as follows 

(MT): 

(i) Butacene (CAS 125856–62–4); 

(ii) Catocene (2,2-Bisethylferrocenylpropane) (CAS 37206– 

42–1); 

(iii) Ferrocene carboxylic acids and 

ferrocene carboxylic acid esters; 

(iv) n-butylferrocene (CAS 31904–29– 

7); 

(v) Ethylferrocene (CAS 1273–89–8); 

(vi) Propylferrocene; 

(vii) Pentylferrocene (CAS 1274–00– 

6); 

(viii) Dicyclopentylferrocene; 

(ix) Dicyclohexylferrocene; 

(x) Diethylferrocene (CAS 173–97–8); 

(xi) Dipropylferrocene; 

(xii) Dibutylferrocene (CAS 1274–08– 

4); 

(xiii) Dihexylferrocene (CAS 93894– 

59–8); 

(xiv) Acetylferrocene (CAS 1271–55– 

2)/1,1′-diacetyl ferrocene (CAS 1273– 

94–5); or 

(xv) Other ferrocene derivatives that 

do not contain a six carbon aromatic 

functional group attached to the 

ferrocene molecule (MT if usable as 

rocket propellant burning rate modifier); 

(5) Lead beta-resorcylate (CAS 20936– 

32–7); 

(6) Lead citrate (CAS 14450–60–3); 

(7) Lead-copper chelates of betaresorcylate or salicylates (CAS 68411– 

07–4); 

(8) Lead maleate (CAS 19136–34–6); 

(9) Lead salicylate (CAS 15748–73–9); 

(10) Lead stannate (CAS 12036–31–6); 

(11) MAPO (tris-1-(2-methyl) 

aziridinylphosphine oxide) (CAS 57– 

39–6); BOBBA–8 (bis(2-methyl 

aziridinyl)-2-(2-hydroxypropanoxy) 

propylamino phosphine oxide); and 

other MAPO derivatives (MT for 

MAPO); 

(12) Methyl BAPO (Bis(2-methyl 

aziridinyl)methylaminophosphine 

oxide) (CAS 85068–72–0); 

(13) 3-Nitraza-1,5-pentane 

diisocyanate (CAS 7406–61–9); 

(14) Organo-metallic coupling agents, 

as follows: 

(i) Neopentyl[diallyl]oxy, tri [dioctyl] 

phosphatotitanate (CAS 103850–22–2); 

also known as titanium IV, 2,2[bis 2- 

propenolato-methyl, butanolato, tris 

(dioctyl) phosphato] (CAS 110438–25– 

0), or LICA 12 (CAS 103850–22–2); 

(ii) Titanium IV, [(2-propenolato-1) 

methyl, n-propanolatomethyl] 

butanolato-1, 

tris(dioctyl)pyrophosphate, or KR3538; 

or 

(iii) Titanium IV, [(2-propenolato1)methyl, propanolatomethyl] 

butanolato-1, tris(dioctyl) phosphate; 

(15) PCDE 

(Polycyanodifluoroaminoethylene 

oxide); 

(16) Certain bonding agents, as 

follows (MT): 

(i) 1,1R,1S-trimesoyl-tris(2- 

ethylaziridine) (HX–868, BITA) (CAS 

7722–73–8); or 

(ii) Polyfunctional aziridine amides 

with isophthalic, trimesic, isocyanuric, 

or trimethyladipic backbone also having 

a 2-methyl or 2-ethyl aziridine group; 

Note to paragraph (f)(16)(ii): Included are 

(1) 1,1H-Isophthaloyl-bis(2-methylaziridine) 

(HX–752) (CAS 7652–64–4); (2) 2,4,6-tris(2- 

ethyl-1-aziridinyl)-1,3,5-triazine (HX–874) 

(CAS 18924–91–9); and (3) 1,1′- 

trimethyladipoylbis(2-ethylaziridine) (HX– 

877) (CAS 71463–62–2). 

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44 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

(17) Superfine iron oxide (Fe2O3, 

hematite) with a specific surface area 

more than 250 m2/g and an average 

particle size of 0.003 micrometers or 

less (CAS 1309–37–1); 

(18) TEPAN (HX–879) 

(tetraethylenepentaamineacrylonitrile) 

(CAS 68412–45–3); cyanoethylated 

polyamines and their salts (MT for 

TEPAN (HX–879)); 

(19) TEPANOL (HX–878) (tetraethylenepentaamineacrylonitrileglycidol) 

(CAS 110445–33–5); cyanoethylated 

polyamines adducted with glycidol and 

their salts (MT for TEPANOL (HX–878)); 

(20) TPB (triphenyl bismuth) (CAS 

603–33–8) (MT); or 

(21) Tris (ethoxyphenyl) bismuth 

(TEPB) (CAS 90591–48–3). 

(g) Precursors, as follows: 

(1) BCMO (bischloromethyloxetane) 

(CAS 142173–26–0); 

(2) DADN (1,5-diacetyl-3,7-dinitro-1, 

3, 5, 7-tetraazacyclooctane); 

(3) Dinitroazetidine-t-butyl salt (CAS 

125735–38–8); 

(4) CL–20 precursors (any molecule 

containing hexaazaisowurtzitane) (e.g., 

HBIW 

(hexabenzylhexaazaisowurtzitane), 

TAIW (tetraacetyldibenzylhexaazaisowurtzitane)); 

(5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5, 

7-tetraazacyclooctane) (CAS 41378–98– 

7); 

(6) Tetraazadecalin (CAS 5409–42–7); 

(7) 1,3,5-trichlorobenzene (CAS 108– 

70–3); or 

(8) 1,2,4-trihydroxybutane (1,2,4- 

butanetriol) (CAS 3068–00–6). 

*(h) Any explosive, propellant, 

pyrotechnic, fuel, oxidizer, binder, 

additive, or precursor that (MT for 

articles designated as such): 

(1) Is classified; or 

(2) Is being developed using classified 

information (see § 120.10(a)(2) of this 

subchapter). 

Note to paragraph (h): ‘‘Classified’’ means 

classified pursuant to Executive Order 13526, 

or predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the corresponding 

classification rules of another government or 

international organization. 

(i) Developmental explosives, 

propellants, pyrotechnics, fuels, 

oxidizers, binders, additives, or 

precursors therefor funded by the 

Department of Defense via contract or 

other funding authorization. 

Note 1 to paragraph (i): This paragraph 

does not control explosives, propellants, 

pyrotechnics, fuels, oxidizers, binders, 

additives, or precursors therefor (a) in 

production, (b) determined to be subject to 

the EAR via a commodity jurisdiction 

determination (see § 120.4 of this 

subchapter), or (c) identified in the relevant 

Department of Defense contract or other 

funding authorization as being developed for 

both civil and military applications. 

Note 2 to paragraph (i): Note 1 does not 

apply to defense articles enumerated on the 

U.S. Munitions List, whether in production 

or development. 

Note 3 to paragraph (i): This paragraph is 

applicable only to those contracts and 

funding authorizations that are dated January 

5, 2015, or later. 

(j) Technical data (as defined in 

§ 120.10 of this subchapter) and defense 

services (as defined in § 120.9 of this 

subchapter) directly related to the 

defense articles numerated in 

paragraphs (a) through (i) of this 

category (see also § 123.20 of this 

subchapter) (MT for articles designated 

as such). 

(k) The following interpretations 

explain and amplify the terms used in 

this category and elsewhere in this 

subchapter: 

(1) USML Category V contains 

explosives, energetic materials, 

propellants, and pyrotechnics and 

specially formulated fuels for aircraft, 

missile, and naval applications. 

Explosives are solid, liquid, or gaseous 

substances or mixtures of substances, 

which, in their primary, booster, or 

main charges in warheads, demolition, 

or other military applications, are 

required to detonate. 

(2) The resulting product of the 

combination or conversion of any 

substance controlled by this category 

into an item not controlled will no 

longer be controlled by this category 

provided the controlled item cannot 

easily be recovered through dissolution, 

melting, sieving, etc. As an example, 

beryllium converted to a near net shape 

using hot isostatic processes will result 

in an uncontrolled part. A cured 

thermoset containing beryllium powder 

is not controlled unless meeting an 

explosive or propellant control. The 

mixture of beryllium powder in a cured 

thermoset shape is not controlled by 

this category. The mixture of controlled 

beryllium powder mixed with a typical 

propellant binder will remain controlled 

by this category. The addition of dry 

silica powder to dry beryllium powder 

will remain controlled. 

(3) Paragraph (c)(4)(ii)(A) of this 

category does not apply to boron and 

boron carbide enriched with boron-10 

(20% or more of total boron-10 content). 

(4) Theoretical specific impulse (Isp) 

is calculated using standard conditions 

(1000 psi chamber pressure expanded to 

14.7 psi) and measured in units of 

pound-force-seconds per pound-mass 

(lbf-s/lbm) or simplified to seconds (s). 

Calculations will be based on shifting 

equilibrium. 

(5) Particle size is the mean particle 

diameter on a weight basis. Best 

industrial practices will be used in 

determining particle size and the 

controls may not be undermined by 

addition of larger or smaller sized 

material to shift the mean diameter. 

(l)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

Note 1 to USML Category V: To assist the 

exporter, an item has been categorized by the 

most common use. Also, where appropriate, 

references have been provided to the related 

controlled precursors. 

Note 2 to USML Category V: Chemical 

Abstract Service (CAS) registry numbers do 

not cover all the substances and mixtures 

controlled by this category. The numbers are 

provided as examples to assist government 

agencies in the license review process and 

exporters when completing their license 

application and export documentation. 

* * * * * 

Category IX—Military Training 

Equipment 

(a) Training equipment, as follows: 

(1) Ground, surface, submersible, 

space, or towed airborne targets that: 

(i) Have an infrared, radar, acoustic, 

magnetic, or thermal signature that 

mimic a specific defense article, specific 

other item, or specific person; or 

(ii) Are instrumented to provide hit/ 

miss performance information for 

defense articles controlled in this 

subchapter; 

Note to paragraph (a)(1): Target drones are 

controlled in USML Category VIII(a). 

(2) Devices that are mockups of 

articles enumerated in this subchapter 

used for maintenance training or 

disposal training for ordnance 

enumerated in this subchapter; 

Note to paragraph (a)(2): This paragraph 

does not control mockups that do not reveal 

technical data (see ITAR § 120.10 of this 

subchapter) and do not contain parts, 

components, accessories, or attachments 

controlled in this subchapter. 

(3) Air combat maneuvering 

instrumentation and ground stations 

therefor; 

(4) Physiological flight trainers for 

fighter aircraft or attack helicopters; 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 45 

(5) Radar trainers specially designed 

for training on radar controlled by 

USML Category XI; 

(6) Training devices specially 

designed to be attached to a crew 

station, mission system, or weapon of an 

article controlled in this subchapter; 

Note to paragraph (a)(6): This paragraph 

includes stimulators that are built-in or addon devices that cause the actual equipment 

to act as a trainer. 

(7) Anti-submarine warfare trainers; 

(8) Missile launch trainers; 

(9) Radar target generators; 

(10) Infrared scene generators; or 

*(11) Any training device that: 

(i) Is classified; 

(ii) Contains classified software 

directly related to defense articles in 

this subchapter or 600 series items 

subject to the EAR; or 

(iii) Is being developed using 

classified information. ‘‘Classified’’ 

means classified pursuant to Executive 

Order 13526, or predecessor order, and 

a security classification guide developed 

pursuant thereto or equivalent, or to the 

corresponding classification rules of 

another government or international 

organization. 

Note to paragraph (a): Training equipment 

does not include combat games without item 

signatures or tactics, techniques, and 

procedures covered by this subchapter. 

(b) Simulators, as follows: 

(1) System specific simulators that 

replicate the operation of an individual 

crew station, a mission system, or a 

weapon of an end-item that is controlled 

in this subchapter; 

(2) [Reserved] 

(3) [Reserved] 

(4) Software and associated databases 

not elsewhere enumerated in this 

subchapter that can be used to model or 

simulate the following: 

(i) Trainers enumerated in paragraph 

(a) of this category; 

(ii) Battle management; 

(iii) Military test scenarios/models; or 

(iv) Effects of weapons enumerated in 

this subchapter; or 

*(5) Simulators that: 

(i) Are classified; 

(ii) Contain classified software 

directly related to defense articles in 

this subchapter or 600 series items 

subject to the EAR; or 

(iii) Are being developed using 

classified information. 

Note to paragraph (b)(5): ‘‘Classified’’ 

means classified pursuant to Executive Order 

13526, or predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the corresponding 

classification rules of another government or 

international organization. 

(c) [Reserved] 

(d) [Reserved] 

(e) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraphs (a) and (b) of 

this category. 

Note to paragraph (e): This paragraph 

includes defense services (see § 120.9 of this 

subchapter) directly related to the software 

and associated databases enumerated in 

paragraph (b)(4) of this category even if no 

defense articles are used or transferred. 

(f)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

Note to USML Category IX: Parts, 

components, accessories, or attachments of a 

simulator in this category that are common 

to the simulated system or simulated enditem are controlled under the same USML 

category or CCL ECCN as the parts, 

components, accessories, and attachments of 

the simulated system or simulated end-item. 

Category X—Personal Protective 

Equipment 

(a) Personal protective equipment, as 

follows: 

(1) Body armor providing a protection 

level equal to or greater than NIJ Type 

IV; 

Note 1 to paragraph (a)(1): For body armor 

providing a level of protection of Type I, 

Type II, Type IIA, Type IIIA, or Type III, see 

ECCNs 1A005 and 1A613. 

Note 2 to paragraph (a)(1): See USML 

Category XIII(e) for controls on related 

materials. 

(2) Personal protective clothing, 

equipment, or face paints specially 

designed to protect against or reduce 

detection by radar, IR, or other sensors 

at wavelengths greater than 900 

nanometers; 

Note to paragraph (a)(2): See USML 

Category XIII(j) for controls on related 

materials. 

(3) [Reserved] 

(4) [Reserved] 

(5) Integrated helmets, not specified 

in USML Category VIII(h)(15) or USML 

Category XII, incorporating optical 

sights or slewing devices, which include 

the ability to aim, launch, track, or 

manage munitions; 

(6) Helmets and helmet shells 

providing a protection level equal to or 

greater than NIJ Type IV; 

(7) Goggles, spectacles, visors, vision 

blocks, canopies, or filters for optical 

sights or viewers, employing other than 

common broadband absorptive dyes or 

UV inhibitors as a means of protection 

(e.g., narrow band filters/dyes or 

broadband limiters/coatings with high 

visible transparency), having an optical 

density greater than 3, and that protect 

against: 

(i) Multiple visible (in-band) laser 

wavelengths; 

(ii) Thermal flashes associated with 

nuclear detonations; or 

(iii) Near infrared or ultraviolet (outof-band) laser wavelengths; or 

Note 1 to paragraph (a)(7): See paragraphs 

(d)(2) and (3) of this category for controls on 

related parts, components, and materials. 

Note 2 to paragraph (a)(7): See USML 

Category XII for sensor protection equipment. 

(8) Developmental personal protective 

equipment and specially designed parts, 

components, accessories, and 

attachments therefor, developed for the 

U.S. Department of Defense via contract 

or other funding authorization. 

Note 1 to paragraph (a)(8): This paragraph 

does not control personal protective 

equipment and specially designed parts, 

components, accessories, and attachments (a) 

in production, (b) determined to be subject to 

the EAR via a commodity jurisdiction 

determination (see § 120.4 of this 

subchapter), or (c) identified in the relevant 

Department of Defense contract or other 

funding authorization as being developed for 

both civil and military applications. 

Note 2 to paragraph (a)(8): Note 1 does not 

apply to defense articles enumerated on the 

USML, whether in production or 

development. 

Note 3 to paragraph (a)(8): This paragraph 

is applicable only to those contracts and 

funding authorizations that are dated January 

5, 2015, or later. 

(b) [Reserved] 

(c) [Reserved] 

(d) Parts, components, assemblies, 

accessories, attachments, and associated 

equipment for the personal protective 

equipment controlled in this category, 

as follows: 

(1) Ceramic or composite plates that 

provide protection equal to or greater 

than NIJ Type IV; 

(2) Lenses, substrates, or filters 

‘‘specially designed’’ for the articles 

covered in paragraph (a)(7) of this 

category; 

(3) Materials and coatings specially 

designed for the articles covered in 

paragraph (a)(7) of this category with 

optical density greater than 3, as 

follows: 

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46 Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 

(i) Narrowband absorbing dyes; 

(ii) Broadband optical switches or 

limiters (i.e., nonlinear material, tunable 

or switchable agile filters, optical power 

limiters, near infrared interference 

based filters); or 

(iii) Narrowband interference based 

notch filters (i.e., multi-layer dielectric 

coatings, rugate, holograms or hybrid 

(i.e., interference with dye)) protecting 

against multiple laser wavelength and 

having high visible band transparency; 

or 

*(4) Any component, part, accessory, 

attachment, equipment, or system that: 

(i) Is classified; 

(ii) Contains classified software 

directly related to defense articles in 

this subchapter or 600 series items 

subject to the EAR; or 

(iii) Is being developed using 

classified information. 

Note to paragraph (d)(4): ‘‘Classified’’ 

means classified pursuant to Executive Order 

13526, or predecessor order, and a security 

classification guide developed pursuant 

thereto or equivalent, or to the corresponding 

classification rules of another government or 

international government. 

Note to paragraphs (a) and (d): See 

National Institute of Justice Classification, 

NIJ Standard-0101.06, or national 

equivalents, for a description of level of 

protection for armor. 

(e) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraphs (a) through 

(d) of this category. 

(f)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

* * * * * 

Category XVI—Nuclear Weapons 

Related Articles 

(a) [Reserved] 

*(b) Modeling or simulation tools that 

model or simulate the environments 

generated by nuclear detonations or the 

effects of these environments on 

systems, subsystems, components, 

structures, or humans. 

(c) [Reserved] 

(d) Parts, components, accessories, 

attachments, associated equipment, and 

production, testing, and inspection 

equipment and tooling, specially 

designed for the articles in paragraph (b) 

of this category. 

(e) Technical data (see § 120.10 of this 

subchapter) and defense services (see 

§ 120.9 of this subchapter) directly 

related to the defense articles 

enumerated in paragraph (b) of this 

category. (See § 123.20 of this 

subchapter for nuclear related controls.) 

(f)–(w) [Reserved] 

(x) Commodities, software, and 

technical data subject to the EAR (see 

§ 120.42 of this subchapter) used in or 

with defense articles controlled in this 

category. 

Note to paragraph (x): Use of this 

paragraph is limited to license applications 

for defense articles controlled in this category 

where the purchase documentation includes 

commodities, software, or technical data 

subject to the EAR (see § 123.1(b) of this 

subchapter). 

* * * * * 

■ 3. Section 121.5 is removed and 

reserved, as follows: 

§ 121.5 [Reserved] 

■ 4. Section 121.8 is revised to read as 

follows: 

§ 121.8 End-items, components, 

accessories, attachments, parts, firmware, 

software, systems, and equipment. 

(a) An end-item is a system, 

equipment, or an assembled article 

ready for its intended use. Only 

ammunition or fuel or other energy 

source is required to place it in an 

operating state. 

(b) A component is an item which is 

useful only when used in conjunction 

with an end-item. A major component 

includes any assembled element which 

forms a portion of an end-item without 

which the end-item is inoperable. A 

minor component includes any 

assembled element of a major 

component. 

(c) Accessories and attachments are 

associated articles for any component, 

equipment, system, or end-item, and 

which are not necessary for its 

operation, but which enhance its 

usefulness or effectiveness. 

(d) A part is any single unassembled 

element of a major or a minor 

component, accessory, or attachment 

which is not normally subject to 

disassembly without the destruction or 

the impairment of designed use. 

(e) Firmware and any related unique 

support tools (such as computers, 

linkers, editors, test case generators, 

diagnostic checkers, library of functions, 

and system test diagnostics) directly 

related to equipment or systems covered 

under any category of the U.S. 

Munitions List are considered as part of 

the end-item or component. Firmware 

includes but is not limited to circuits 

into which software has been 

programmed. 

(f) Software includes but is not 

limited to the system functional design, 

logic flow, algorithms, application 

programs, operating systems, and 

support software for design, 

implementation, test, operation, 

diagnosis and repair. A person who 

intends to export software only should, 

unless it is specifically enumerated in 

§ 121.1 of this subchapter (e.g., USML 

Category XIII(b)), apply for a technical 

data license pursuant to part 125 of this 

subchapter. 

(g) A system is a combination of parts, 

components, accessories, attachments, 

firmware, software, equipment, or enditems that operate together to perform a 

function. 

Note to paragraph (g): The industrial 

standards established by INCOSE and NASA 

provide examples for when commodities and 

software operate together to perform a 

function as a system. References to these 

standards are included in this note to provide 

examples for when commodities or software 

operate together to perform a function as a 

system. See the INCOSE standards for what 

constitutes a system at: http://

g2sebok.incose.org/app/mss/

asset.cfm?ID=INCOSE%20G2SEBOK%202.00

&ST=F, and in INCOSE SE Handbook v3.1 

2007; ISO/IEC 15288:2008. See the NASA 

standards for examples of what constitutes a 

system in NASA SE Handbook SP–2007– 

6105 Rev 1. 

(h) Equipment is a combination of 

parts, components, accessories, 

attachments, firmware, or software that 

operate together to perform a function 

of, as, or for an end-item or system. 

Equipment may be a subset of an enditem based on the characteristics of the 

equipment. Equipment that meets the 

definition of an end-item is an end-item. 

Equipment that does not meet the 

definition of an end-item is a 

component, accessory, attachment, 

firmware, or software. 

■ 5. Section 121.11 is removed and 

reserved, as follows: 

§ 121.11 [Reserved] 

PART 123—LICENSES FOR THE 

EXPORT AND TEMPORARY IMPORT 

OF DEFENSE ARTICLES 

■ 6. The authority citation for part 123 

continues to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

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

2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22 

U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920; 

Sec 1205(a), Pub. L. 107–228; Section 1261, 

Pub. L. 112–239; E.O. 13637, 78 FR 16129. 

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Federal Register / Vol. 79, No. 1 / Thursday, January 2, 2014 / Rules and Regulations 47 

■ 7. Section 123.20 is amended by 

revising paragraph (a) and paragraph (c) 

introductory text, to read as follows: 

§ 123.20 Nuclear related controls. 

(a) The provisions of this subchapter 

do not apply to articles, technical data, 

or services in Category VI, Category XVI, 

or Category XX of § 121.1 of this 

subchapter to the extent that exports of 

such articles, technical data, or services 

are controlled by the Department of 

Energy or the Nuclear Regulatory 

Commission pursuant to the Atomic 

Energy Act of 1954, as amended, and 

the Nuclear Non-Proliferation Act of 

1978, as amended, or are pursuant to a 

government transfer authorized 

pursuant to these Acts. For Department 

of Commerce controls, see 15 CFR 742.3 

and 744.2, administered pursuant to 

Section 309(c) of the Nuclear 

Nonproliferation Act of 1978, as 

amended (42 U.S.C. 2139a(c)), and 15 

CFR 744.5, none of which are subject to 

the provisions of this subchapter. 

* * * * * 

(c) A license for the export of a 

defense article, technical data, or the 

furnishing of a defense service relating 

to defense articles referred to in 

Category VI(e) or Category XX(b)(1) of 

§ 121.1 of this subchapter will not be 

granted unless the defense article, 

technical data, or defense service comes 

within the scope of an existing 

Agreement for Cooperation for Mutual 

Defense Purposes concluded pursuant 

to the Atomic Energy Act of 1954, as 

amended, with the government of the 

country to which the defense article, 

technical data, or defense service is to 

be exported. Licenses may be granted in 

the absence of such an agreement only: 

* * * * * 

PART 124—AGREEMENTS, OFFSHORE PROCUREMENT, AND OTHER 

DEFENSE SERVICES 

■ 8. The authority citation for part 124 

continues to read as follows: 

Authority: Sec. 2, 38, and 71, Pub. L. 90– 

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

2797); 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. 

L. 105–261; Section 1261, Pub. L. 112–239; 

E.O. 13637, 78 FR 16129. 

■ 9. Section 124.2 is amended by 

removing and reserving paragraphs 

(c)(5)(iii), (c)(5)(ix), and (c)(5)(xi), as 

follows: 

§ 124.2 Exemptions for training and 

military service. 

* * * * * 

(c) * * * 

(5) * * * 

(iii) [Reserved] 

* * * * * 

(ix) [Reserved] 

* * * * * 

(xi) [Reserved] 

* * * * * 

PART 125—LICENSES FOR THE 

EXPORT OF TECHNICAL DATA AND 

CLASSIFIED DEFENSE ARTICLES 

■ 10. The authority citation for part 125 

continues to read as follows: 

Authority: Secs. 2 and 38, Pub. L. 90–629, 

90 Stat. 744 (22 U.S.C. 2752, 2778); 22 U.S.C. 

2651a; E.O. 13637, 78 FR 16129. 

■ 11. Section 125.1 is amended by 

revising paragraph (e) to read as follows: 

§ 125.1 Exports subject to this part. 

* * * * * 

(e) For the export of technical data 

related to articles in Category VI(e), 

Category XVI, and Category XX(b)(1) of 

§ 121.1 of this subchapter, please see 

§ 123.20 of this subchapter. 

Rose E. Gottemoeller, 

Acting Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2013–31323 Filed 12–31–13; 8:45 am] 

BILLING CODE 4710–25–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0563; FRL–9904–89- 

Region 4] 

Approval and Promulgation of 

Implementation Plans; North Carolina: 

Non-Interference Demonstration for 

Removal of Federal Low-Reid Vapor 

Pressure Requirement for the RaleighDurham-Chapel Hill Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving the State of 

North Carolina’s March 27, 2013, State 

Implementation Plan (SIP) revision to 

the State’s approved Maintenance Plan 

for the Raleigh-Durham-Chapel Hill 

1997 8-hour Ozone Maintenance Area 

(Triangle Area). Specifically, North 

Carolina’s revision, including updated 

modeling, shows that the Triangle Area 

would continue to maintain the 1997 8- 

hour ozone standard if the currently 

applicable Federal Reid Vapor Pressure 

(RVP) standard for gasoline of 7.8 

pounds per square inch (psi) were 

modified to 9.0 psi for three portions 

(Wake and Durham Counties, and a 

portion of Granville County) of the 

Triangle Area during the high-ozone 

season. The State included a technical 

demonstration with the revision to 

demonstrate that the less-stringent RVP 

standard of 9.0 psi in these areas would 

not interfere with continued 

maintenance of the 1997 8-hour Ozone 

National Ambient Air Quality Standards 

(NAAQS) or any other applicable 

standard. Approval of this SIP revision 

is a prerequisite for EPA’s consideration 

of an amendment to the regulations to 

remove the aforementioned portions of 

the Triangle Area from the list of areas 

that are currently subject to the Federal 

7.8 psi RVP requirements. In addition, 

EPA is also approving changes to the 

motor vehicle emission budgets 

(MVEBs) used in the 1997 8-hour ozone 

maintenance plan for the Triangle Area. 

EPA has determined that North 

Carolina’s March 27, 2013, SIP revision 

with respect to the modeling changes 

and associated technical demonstration, 

and with respect to the updated MVEBs, 

is consistent with the applicable 

provisions of the Clean Air Act (CAA or 

Act). Should EPA decide to remove the 

subject portions of the Triangle Area 

from those areas subject to the 7.8 psi 

Federal RVP requirements, such action 

will occur in a subsequent rulemaking. 

DATES: This rule will be effective on 

February 3, 2014. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0563. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

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