4612 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2024–1707; Airspace 

Docket No. 24–ASW–4] 

RIN 2120–AA66 

Amendment of VOR Federal Airways 

V–68, V–76, V–212, V–222, and V–558, 

and United States Area Navigation 

Route T–220 in the Vicinity of Industry, 

TX 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, delay of effective 

date. 

SUMMARY: This action delays the 

effective date of a final rule published 

in the Federal Register on December 9, 

2024, amending Very High Frequency 

Omnidirectional Range (VOR) Federal 

Airways V–68, V–212, and V–222, and 

United States Area Navigation (RNAV) 

Route T–220; and revoking VOR Federal 

Airway V–558. The FAA is delaying the 

effective date to allow sufficient time for 

completing the update and flight 

inspection of a Standard Terminal 

Arrival Route (STAR) instrument 

procedure into George Bush 

Intercontinental/Houston Airport, TX, 

that failed the initial flight inspection 

and a STAR instrument procedure into 

San Antonio International Airport, TX, 

that also failed the initial flight 

inspection. The STARs are being 

amended in support of the planned 

decommissioning of the VOR portion of 

the Industry, TX (IDU), VOR/Tactical 

Air Navigation (VORTAC). 

DATES: The effective date of the final 

rule published on December 9, 2024, (89 

FR 97510) is delayed from February 20, 

2025, to April 17, 2025. The Director of 

the Federal Register approved this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order JO 7400.11 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Colby Abbott, Rules and Regulations 

Group, Policy Directorate, Federal 

Aviation Administration, 600 

Independence Avenue SW, Washington, 

DC 20597; telephone: (202) 267–8783. 

SUPPLEMENTARY INFORMATION: 

Background 

The FAA published a final rule in the 

Federal Register for Docket No. FAA– 

2024–1707 (89 FR 97510; December 9, 

2024), amending VOR Federal Airways 

V–68, V–212, and V–222, and United 

States RNAV Route T–220; and revoking 

VOR Federal Airway V–558 due to the 

planned decommissioning of the VOR 

portion of the Industry, TX, VORTAC 

navigational aid. The effective date for 

that final rule is February 20, 2025. 

After the final rule was published, the 

FAA determined that the required 

update and flight inspection actions for 

the two failed STAR instrument 

procedures, one into George Bush 

Intercontinental/Houston Airport and 

one into San Antonio International 

Airport, would not be completed in time 

to meet the original planned 

decommissioning date. Therefore, the 

current STARs need to remain in place 

until the next chart date. 

The FAA expects the required 

updates and flight inspections for the 

affected STARs into George Bush 

Intercontinental/Houston Airport and 

into San Antonio International Airport 

to be completed by April 17, 2025. 

Therefore, the rule amending VOR 

Federal Airways V–68, V–212, and V– 

222, and United States RNAV Route T– 

220; and revoking VOR Federal Airway 

V–558 is delayed to coincide with that 

date. 

VOR Federal Airways are published 

in paragraph 6010(a) and United States 

Area Navigation Routes are published in 

paragraph 6011 of FAA Order JO 

7400.11, Airspace Designations and 

Reporting Points, which is incorporated 

by reference in 14 CFR 71.1 on an 

annual basis. This document amends 

the current version of that order, FAA 

Order JO 7400.11J, dated July 31, 2024, 

and effective September 15, 2024. FAA 

Order JO 7400.11J is publicly available 

online at www.faa.gov/air_traffic/ 

publications/. You may also contact the 

Rules and Regulations Group, Policy 

Directorate, Federal Aviation 

Administration, 600 Independence 

Avenue SW, Washington, DC 20597; 

telephone: (202) 267–8783. 

FAA Order JO 7400.11J lists Class A, 

B, C, D, and E airspace areas, air traffic 

service routes, and reporting points. 

Good Cause for No Notice and 

Comment 

Section 553(b)(3)(B) of Title 5, United 

States Code, (the Administrative 

Procedure Act) authorizes agencies to 

dispense with notice and comment 

procedures for rules when the agency 

for ‘‘good cause’’ finds that those 

procedures are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ Under this section, an agency, 

upon finding good cause, may issue a 

final rule without seeking comment 

prior to the rulemaking. The FAA finds 

that prior notice and public comment to 

this final rule is unnecessary due to the 

brief length of the extension of the 

effective date and the fact that there is 

no substantive change to the rule. 

Delay of Effective Date 

■ Accordingly, pursuant to the authority 

delegated to me, the effective date of the 

final rule for Airspace Docket 24–ASW– 

4, as published in the Federal Register 

on December 9, 2024 (89 FR 97510), FR 

Doc. 2024–28750, is hereby delayed 

until April 17, 2025. 

Authority: 49 U.S.C. 106(f); 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., P. 389. 

Issued in Washington, DC, on January 8, 

2025. 

Brian Eric Konie, 

Manager (A), Rules and Regulations Group. 

[FR Doc. 2025–00732 Filed 1–15–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 740, 742, 758, and 774 

[Docket No. 250108–0012] 

RIN 0694–AJ95 

Controls on Certain Laboratory 

Equipment and Related Technology To 

Address Dual Use Concerns About 

Biotechnology 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Interim final rule. 

SUMMARY: With this interim final rule 

(IFR), the Bureau of Industry and 

Security (BIS) is revising the Export 

Administration Regulations (EAR) to 

address the accelerating development 

and deployment of advanced 

biotechnology tools contrary to U.S. 

national security and foreign policy 

interests. This rule institutes new 

controls on certain biotechnology 

equipment and related technology. It 

further solicits public comments on the 

changes it implements. 

DATES: This rule is effective January 16, 

2025. 

Comments must be received by BIS no 

later than March 17, 2025. 

ADDRESSES: Comments on this rule may 

be submitted to the Federal rulemaking 

portal (www.regulations.gov). The 

regulations.gov ID for this rule is: BIS– 

2024–0050. Please refer to RIN 0694– 

AJ95 in all comments. 

All filers using the portal should use 

the name of the person or entity 

submitting the comments as the name of 

their files, in accordance with the 

instructions below. Anyone submitting 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4613 

business confidential information 

should clearly identify the business 

confidential portion at the time of 

submission, file a statement justifying 

nondisclosure and referring to the 

specific legal authority claimed, and 

provide a non-confidential version of 

the submission. 

For comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Any page containing business 

confidential information must be clearly 

marked ‘‘BUSINESS CONFIDENTIAL’’ 

on the top of that page. The 

corresponding non-confidential version 

of those comments must be clearly 

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

non-confidential version should begin 

with the character ‘‘P.’’ Any 

submissions with file names that do not 

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

be assumed to be public and will be 

made publicly available through https:// 

www.regulations.gov. Commenters 

submitting business confidential 

information are encouraged to scan a 

hard copy of the non-confidential 

version to create an image of the file, 

rather than submitting a digital copy 

with redactions applied, to avoid 

inadvertent redaction errors which 

could enable the public to read business 

confidential information. 

FOR FURTHER INFORMATION CONTACT: For 

all questions pertaining to this rule, 

contact Theodore Curtin, Director of 

Chemical Biological Controls Division; 

phone: 202–482–1979; 

Theodore.Curtin@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

As noted in Executive Order (E.O.) 

14081, ‘‘Advancing Biotechnology and 

Biomanufacturing Innovation for a 

Sustainable, Safe, and Secure American 

Bioeconomy’’ (87 FR 56849, September 

15, 2022), advances in biotechnology 

possess great promise but are inherently 

dual-use in nature. Accordingly, the 

E.O. calls for safeguarding the United 

States from foreign adversaries that 

could acquire technologies and data that 

threaten our national security, while 

also promoting the ethical and 

responsible development and 

deployment of biotechnology globally. 

The E.O. provides a framework to 

ensure that biotechnologies do not 

contribute to global instability through 

irresponsible or malicious use. 

The United States recognizes that 

ensuring the responsible use of 

biotechnology, particularly when 

combined with advances in artificial 

intelligence (AI) and data science, is 

essential to safeguard public health, 

agriculture and food production, and 

the environment. At the same time, the 

United States needs to address the 

benefits and risks of dual-use 

biotechnology given the potential that 

its use, particularly when coupled with 

AI and biological design tools, could 

strengthen the military capabilities of 

countries of concern and lower barriers 

to the design, deployment, and use of 

novel weapons. As described in the 

2024 Annual Threat Assessment from 

the Office of the Director of National 

Intelligence, ‘‘new technologies— 

particularly in the fields of AI and 

biotechnology—are being developed 

and are proliferating at a [challenging] 

rate’’ and that the consolidation of 

‘‘these emerging technologies is likely to 

create breakthroughs, which could lead 

to the rapid development of asymmetric 

threats . . . to U.S. interests.’’ Certain 

countries are actively pursuing a 

strategy to exploit the combination of 

biotechnology with other enabling 

technologies for asymmetric military 

advantage through applications such as 

human performance enhancement and 

advanced biologically-derived materials 

for military-industrial use. Given the 

dual-use nature and relevance of 

specific biotechnology equipment to 

contribute to the research and 

development of certain militarily 

relevant technologies, calibrated export 

controls on these categories of 

equipment are necessary to limit 

immediate risks and protect against 

long-term national security threats in a 

field that could greatly impact security 

and defense capabilities. 

This IFR identifies two categories of 

equipment for additional U.S. export 

controls necessary to help protect U.S. 

national security. These categories of 

equipment are: (1) high parameter flow 

cytometers, which are used to 

simultaneously measure several 

characteristics of individual cells or 

particles, and (2) liquid chromatography 

mass spectrometers specially designed 

for top-down proteomics, which are 

analytical instruments used to elucidate 

and quantify unknown biomolecular 

structures, characterize molecules, and 

aid in the study of molecular 

interactions. The field of proteomics 

generally aims to identify and 

characterize proteins and study their 

structures, functions, interactions, and 

post-translational modifications. All the 

items described can be used towards 

innovative solutions in health, climate 

change, energy, food, and agriculture. 

However, they can also be used for 

research and development of concern to 

U.S. national security, including 

through the generation of large amounts 

of high-quality biological datasets that 

can be misused by countries of concern. 

This misuse includes training artificial 

intelligence systems for the 

development of certain militarily 

relevant applications, including as well 

as but not limited to human 

performance enhancement, brainmachine interfaces, biologicallyinspired synthetic materials, and 

possibly biological weapons. 

To address the national security 

concerns described above, this IFR 

establishes new controls narrowly 

focused on a subset of biotechnology 

equipment. This IFR creates specific 

Export Control Classification Numbers 

(ECCNs) for high-parameter flow 

cytometers and certain mass 

spectrometry equipment. These items 

generate high-quality, high-content 

biological data including that which is 

suitable for use to facilitate the 

development of AI and biological design 

tools. The new ECCNs facilitate 

identification of the items being 

controlled and will provide more 

transparency in trade flows for this 

equipment. Moreover, these controls 

will only apply to destinations that 

present a concern of potential misuse or 

diversion to activities of national 

security concern. 

Regulatory Changes 

New Export Control Classification 

Numbers and Corresponding Changes 

Given the above-described national 

security concerns, BIS is moving highparameter flow cytometers and certain 

mass spectrometry equipment from their 

current control under ECCN 3A999 into 

new ECCN 3A069. ECCN 3A069 

contains two paragraphs as follows: 

paragraph .a identifies flow cytometers 

and cell sorters that are ‘‘specially 

designed’’ for spectral analysis or 

contain 26 or greater detectors or 

channels; and paragraph .b identifies 

liquid chromatography mass 

spectrometry instruments (LC/MS and 

LC–MS/MS) ‘‘specially designed’’ for 

top-down proteomic analysis. Flow 

cytometers and mass spectrometers that 

are devices, as defined in section 201(h) 

of the Federal Food, Drug, and Cosmetic 

Act (FD&C Act), 21 U.S.C. 321(h), that 

have been authorized for marketing by 

the Food and Drug Administration 

under section 510(k), section 513, or 

section 515 of the FD&C Act, 21 U.S.C. 

360(k), 21 U.S.C. 360c, 21 U.S.C. 360e, 

or are exempt from the requirement of 

premarket notification under section 

510(k) of the FD&C Act, 21 U.S.C. 

360(k), and that are included in a list 


ddrumheller on DSK120RN23PROD with RULES1
4614 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

required by section 510(j) of the FD&C 

Act, 21 U.S.C. 360(j). are excluded from 

the scope of ECCN 3A069; the exclusion 

appears as a license requirement note to 

ECCN 3A069. This rule also makes two 

conforming changes. First, ECCN 3A999 

is updated to reference ECCN 3A069 as 

a related control. Second, the heading of 

ECCN 3E001 is updated to reference 

ECCN 3A069 in the list of 3A items 

excepted. 

Relatedly, BIS is creating ECCN 3E069 

to describe ‘‘technology’’ for the 

‘‘development’’ or ‘‘production’’ of 

ECCN 3A069 items. The list of items 

controlled is contained in the ECCN 

heading. ECCNs 3A069 and 3E069 have 

the same reasons for control and 

licensing policies, described below. 

Reasons for Control, Authorizations, 

and EEI Filing Changes 

ECCNs 3A069 and 3E069 are 

controlled for National Security, 

Regional Stability, and Anti-Terrorism 

reasons. No licenses are required for 

Country Group A:1 for these items. As 

described below, certain license 

exceptions are also available for these 

items. 

National Security reasons for control 

are detailed under § 742.4. Under 

paragraph (a)(2), 3A069 and 3E069 

items will require a license to all 

destinations, except those in Country 

Group A:1. This IFR adds paragraph 

(b)(11) to § 742.4, which identifies the 

license review policy for license 

applications as follows: (a) presumption 

of denial for destinations in both 

Country Group D:1 and D:5, Macau, or 

destinations in Country Group E; and (b) 

for all other destinations for which a 

license is required, case-by-case review 

based on a determination of whether the 

items would make a significant 

contribution to the military potential of 

any other destination or combination of 

destinations that would prove 

detrimental to the national security of 

the United States. 

Regional Stability requirements for 

control are detailed under § 742.6. This 

IFR adds paragraph (a)(13) to § 742.6, 

which establishes a license requirement 

for the export, reexport, or transfer (incountry) of any item controlled under 

ECCNs 3A069 and 3E069 when destined 

to a Country Group D:5 destination or 

Macau. Consistent with the license 

review policy for NS reasons of control, 

for destinations that are in both Country 

Group D:1 and D:5, Macau, or 

destinations in Country Group E, license 

applications for these items will be 

reviewed under a presumption of 

denial. For all other destinations, 

applications will be subject to case-bycase review. This case-by-case review 

policy includes license applications for 

countries in Country Group D:5 that are 

not also in Country Group D:1. This IFR 

adds the license review policy for RS for 

these items to paragraph (b)(14). 

Commodities controlled under ECCN 

3A069 are generally eligible for License 

Exception Shipments to Country Group 

B countries (GBS), set forth in § 740.4. 

However, License Exception GBS will 

not be available for destinations subject 

to the RS control described in ECCN 

3A999. Technology controlled under 

ECCN 3E069 is eligible for License 

Exception Technology and software 

under restriction (TSR), detailed under 

§ 740.6, except to destinations in 

Country Group D:5, destinations subject 

to the RS control described in ECCN 

3A999, or Macau (in addition to existing 

destination-based restrictions on the use 

of TSR). Under TSR, written assurances 

are required from the importer that the 

technologies authorized under the 

License Exception will not be 

reexported or released under certain 

conditions. Since TSR eligibility will 

not apply to destinations in Country 

Group D:5, destinations subject to the 

RS control in ECCN 3A999, and Macau, 

this IFR adds paragraph (a)(1)(iv) to 

§ 740.6, which provides that a written 

assurance is required for TSR 

authorization of ECCN 3E069 

technology, assuring that the importer 

will not reexport or release the 

technology to those destinations. 

Finally, to better track the export of 

the items in ECCN 3A069, this IFR 

revises the filing requirements for 

Electronic Export Information (EEI) 

filings in the Automated Export System 

(AES). Under new paragraph (b)(11) of 

§ 758.1, EEI filings are required for 

exports of all items in ECCN 3A069 

when destined for a Country Group D 

destination. 

Savings Clause 

For the changes being made in this 

final rule, shipments of items removed 

from eligibility for a License Exception 

or export, reexport, or transfer (incountry) without a license (NLR) as a 

result of this regulatory action that were 

en route aboard a carrier to a port of 

export, reexport, or transfer (in-country), 

on January 16, 2025, pursuant to actual 

orders for export, reexport, or transfer 

(in-country) to or within a foreign 

destination, may proceed to that 

destination under the previous 

eligibility for a License Exception or 

export, reexport, or transfer (in-country) 

without a license (NLR) before February 

18, 2025. Any such items not actually 

exported, reexported or transferred (incountry) before midnight, on February 

18, 2025, require a license in accordance 

with this final rule. 

Export Control Reform Act of 2018 

On August 13, 2018, the President 

signed into law the John S. McCain 

National Defense 

Authorization Act for Fiscal Year 

2019, which included the Export 

Control Reform Act of 2018 (ECRA) 

(codified, as amended, at 50 U.S.C. 

4801–4852). ECRA provides the legal 

basis for BIS’s principal authorities and 

serves as the authority under which BIS 

issues this rule. In particular, and as 

noted elsewhere, Section 1753 of ECRA 

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

regulation of exports, reexports, and 

transfers (in-country) of items subject to 

U.S. jurisdiction. Further, Section 

1754(a)(1)–(16) of ECRA (50 U.S.C. 

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

the establishment of a list of controlled 

items; the prohibition of unauthorized 

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

other authorizations for exports, 

reexports, and transfers (in-country) of 

controlled items; apprising the public of 

changes in policy, regulations, and 

procedures; and any other action 

necessary to carry out ECRA that is not 

otherwise prohibited by law. Pursuant 

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

4821(a)), these changes can be imposed 

in a final rule without prior notice and 

comment. 

Rulemaking Requirements 

1. This rule has been determined to be 

a significant regulatory action for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to or be subject to a penalty 

for failure to comply with a collection 

of information, subject to the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This regulation 

involves collections previously 

approved by OMB under control 

number 0694–0088, Simplified Network 

Application Processing System, which 

includes, among other things, license 

applications and commodity 

classifications, and carries a burden 

estimate of 29.7 minutes for a manual or 

electronic submission for a total burden 

estimate of 38,826 hours. Total burden 

hours associated with the PRA and 

OMB control number 0694–0088 are 

expected to increase as a result of this 

rule. This rule is expected to increase 

the licensing burden by approximately 

1170 licenses per year; this will result 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4615 

in an overall increase in burden hours 

by around 580 hours per year for 

licensing, for a new total burden 

estimate of 39,406 hours. 

3. This rule does not contain policies 

with federalism implications as that 

term is defined in Executive Order 

13132. 

4. Pursuant to section 1762 of the 

Export Control Reform Act of 2018, this 

action is exempt from the 

Administrative Procedure Act (5 U.S.C. 

553) requirements for notice of 

proposed rulemaking, opportunity for 

public participation, and delay in 

effective date. While Section 1762 of 

ECRA on its own provides sufficient 

authority for such an exemption, this 

action is also independently exempt 

from the same APA requirements 

because it involves a military or foreign 

affairs function of the United States (5 

U.S.C. 553(a)(1)). Nonetheless, BIS is 

accepting comments on this IFR. 

5. Because a notice of proposed 

rulemaking and an opportunity for 

public comment are not required to be 

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

by any other law, the analytical 

requirements of the Regulatory 

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

not applicable. Accordingly, no 

regulatory flexibility analysis is 

required, and none has been prepared. 

List of Subjects 

15 CFR Parts 740 and 758 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements, Terrorism. 

Accordingly, parts 740, 742, 758, and 

774 of the Export Administration 

Regulations (15 CFR parts 730–774) are 

amended as follows: 

PART 740—LICENSE EXCEPTIONS 

■ 1. The authority citation for 15 CFR 

part 740 continues to read as follows: 

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

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

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

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

3 CFR, 2001 Comp., p. 783. 

■ 2. Section 740.6 is amended by adding 

paragraph (a)(1)(iv) to read as follows: 

§ 740.6 Technology and software under 

restriction (TSR). 

(a) * * * 

(1) * * * 

(iv) Reexport to a destination in 

Country Group D:5, a destination 

subject to the Regional Stability control 

under ECCN 3A999, or Macau or release 

the technology to a national of such 

destinations, if the technology is 

controlled under ECCN 3E069. 

* * * * * 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

■ 3. The authority citation for 15 CFR 

part 742 is revised to read as follows: 

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

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

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

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

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

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

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

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

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

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

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

Presidential Determination 2003–23, 68 FR 

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

November 7, 2024, 89 FR 88867 (November 

8, 2024). 

■ 4. Section 742.4 is amended by 

revising (b)(11) to read as follows: 

PART 742—CONTROL POLICY—CCL 

BASED CONTROLS 

§ 742.4 National security. 

* * * * * 

(b) * * * 

(11) License review policy for items 

specified in ECCNs 3A069 and 3E069. 

License applications to export, reexport, 

or transfer (in-country) items specified 

in ECCNs 3A069 and 3E069 will be 

reviewed under a presumption of denial 

when destined for a country that is in 

both Country Groups D:1 and D:5, 

Macau, or a country in Country Group 

E. All other license applications for 

these items will be reviewed on a caseby-case basis to determine if the items 

would make a significant contribution 

to the military potential of any other 

destination or combination of 

destinations that would prove 

detrimental to the national security of 

the United States. 

* * * * * 

■ 5. Section 742.6 is amended by adding 

paragraphs (a)(13) and (b)(14) to read as 

follows: 

§ 742.6 Regional stability. 

(a) * * * 

(13) RS requirement that applies for 

items specified in ECCNs 3A069 and 

3E069. A license is required for the 

export, reexport, or transfer (in-country) 

of any item specified in ECCNs 3A069 

and 3E069 when destined to a Country 

Group D:5 destination or Macau. See 

supplement no. 1 to part 740 of the EAR 

for Country Groups. 

(b) * * * 

(14) License review policy for items 

specified in paragraph (a)(13). License 

applications to export, reexport, or 

transfer (in-country) items described in 

paragraph (a)(13) of this section will be 

reviewed under a presumption of denial 

when destined for a country that is in 

both Country Groups D:1 andD:5, 

Macau, or a country in Country Group 

E. All other license applications for 

these items will be reviewed on a caseby-case basis. 

PART 758—EXPORT CLEARANCE 

REQUIREMENTS AND AUTHORITIES 

■ 6. The authority citation for part 758 

continues to read as follows: 

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

4601 et seq.; 50 U.S.C. 1701 et seq.; E.O. 

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

783. 

■ 7. Section 758.1 is amended by adding 

paragraph (b)(11) to read as follows: 

§ 758.1 The Electronic Export Information 

(EEI) filing to the Automated Export System 

(AES). 

* * * * * 

(b) * * * 

(11) For all exports of items in ECCN 

3A069 when destined to a destination in 

Country Group D. 

PART 774—THE COMMERCE 

CONTROL LIST 

■ 8. The authority citation for part 774 

continues to read as follows: 

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

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

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

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

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

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

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

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

Comp., p. 783. 

Supplement No. 1 to Part 774—The 

Commerce Control List 

■ 9. Supplement no.1 to part 774 is 

revised by adding ECCN 3A069, 

modifying ECCNs 3A999 and 3E001, 

and adding ECCN 3E069. 

The addition and revision read as 

follows: 

* * * * * 


ddrumheller on DSK120RN23PROD with RULES1
4616 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

Category 3—Electronics 

A. ‘‘End Items,’’ ‘‘Equipment,’’ 

‘‘Accessories,’’ ‘‘Attachments,’’ ‘‘Parts,’’ 

‘‘Components,’’ and ‘‘Systems’’ 

* * * * * 

ECCN 3A069 Specific Laboratory 

Equipment as Follows (See List of Items 

Controlled) 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) Country chart (see Supp. 

No. 1 to part 738) 

NS applies to entire 

entry.

NS Column 2. 

RS applies to entire 

entry.

To or within Macau or a 

destination specified in 

Country Group D:5 of 

supplement no. 1 to 

part 740 of the EAR. 

See § 742.6(a)(12) of 

the EAR. 

AT applies to entire entry AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: Yes, except N/A for destinations subject 

to the RS control in 3A999. 

List of Items Controlled 

Related Controls: See also 3A999 for specific 

processing equipment, n.e.s.. See also 

3E069 for technology for the 

‘‘development’’ and ‘‘production’’ of items 

detailed in 3A069. 

License Requirement Note: Excluded from 

the scope of this entry are flow cytometers 

and mass spectrometers that are devices, as 

defined in section 201(h) of the Federal Food, 

Drug, and Cosmetic Act (FD&C Act), 21 

U.S.C. 321(h), that have been authorized for 

marketing by the Food and Drug 

Administration under section 510(k), section 

513, or section 515 of the FD&C Act, 21 

U.S.C. 360(k), 21 U.S.C. 360c, 21 U.S.C. 360e, 

or are exempt from the requirement of 

premarket notification under section 510(k) 

of the FD&C Act, 21 U.S.C. 360(k), and that 

are included in a list required by section 

510(j) of the FD&C Act, 21 U.S.C. 360(j). 

Related Definitions: N/A 

Items: 

a. Flow cytometers and cell sorters that are 

‘‘specially designed’’ for spectral analysis or 

contain 26 or greater detectors or channels. 

b. Liquid chromatography mass 

spectrometry instruments (LC/MS and LC– 

MS/MS) ‘‘specially designed’’ for top-down 

proteomic analysis. 

* * * * * 

3A999 Specific Processing Equipment, 

n.e.s., as Follows (See List of Items 

Controlled). 

License Requirements 

Reason for Control: RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

RS applies to entire 

entry.

A license is required for 

items controlled by this 

entry for export or reexport to Iraq or Pakistan or transfer within 

Iraq or Pakistan for regional stability reasons. 

The Commerce Country Chart is not designed to determine 

RS license requirements for this entry. 

See §§ 742.6 and 

746.3 of the EAR for 

additional information. 

AT applies to entire entry A license is required for 

items controlled by this 

entry to North Korea 

for anti-terrorism reasons. The Commerce 

Country Chart is not 

designed to determine 

AT licensing requirements for this entry. 

See § 742.19 of the 

EAR for additional information. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

LVS: N/A 

GBS: N/A 

List of Items Controlled 

Related Controls: (1) See also 3A225 (for 

frequency changers capable of operating in 

the frequency range of 600 Hz and above) 

and 3A233. (2) Certain auxiliary systems, 

equipment, ‘‘parts’’ and ‘‘components’’ for 

isotope separation plants made of or 

protected by UF6 resistant materials are 

subject to the export licensing authority of 

the Nuclear Regulatory Commission (see 10 

CFR part 110). (3) See also 3A069 for flow 

cytometers and cell sorters that are 

‘‘specially designed’’ for spectral analysis 

or contain 26 or greater detectors or 

channels as well as liquid chromatography 

mass spectrometry instruments (LC/MS 

and LC–MS/MS) ‘‘specially designed’’ for 

top-down proteomic analysis. 

Related Definitions: N/A 

Items: 

a. Frequency changers capable of operating 

in the frequency range from 300 up to 600 

Hz, n.e.s; 

b. Mass spectrometers n.e.s; 

c. All flash x-ray machines, and ‘‘parts’’ or 

‘‘components’’ of pulsed power systems 

designed thereof, including Marx generators, 

high power pulse shaping networks, high 

voltage capacitors, and triggers; 

d. Pulse amplifiers, n.e.s.; 

e. Electronic equipment for time delay 

generation or time interval measurement, as 

follows: 

e.1. Digital time delay generators with a 

resolution of 50 nanoseconds or less over 

time intervals of 1 microsecond or greater; or 

e.2. Multi-channel (three or more) or 

modular time interval meter and 

chronometry equipment with resolution of 50 

nanoseconds or less over time intervals of 1 

microsecond or greater; 

f. Chromatography and spectrometry 

analytical instruments, n.e.s. 

* * * * * 

E. ‘‘Technology’’ 

* * * * * 

3E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

commodities controlled by 3A (except 

3A069, 3A901, 3A904, 3A980, 3A981, 

3A991, 3A992, or 3A999), 3B (except 

3B001.a.4, c, d, f.1, f.5, k to n, p.2, p.4, 

r, 3B002.c, 3B903, 3B904, 3B991, 3B992, 

3B993, or 3B994) or 3C (except 3C907, 

3C908, 3C909, or 3C992). 

License Requirements 

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

Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

NS applies to ‘‘technology’’ for commodities controlled by 

3A001, 3A002, 3A003, 

3B001 (except as 

noted in the heading), 

3B002 (except 

3B002.c), or 3C001 to 

3C006.

NS Column 1. 

MT applies to ‘‘technology’’ for commodities controlled by 

3A001 or 3A101 for 

MT Reasons.

MT Column 1. 

NP applies to ‘‘technology’’ for commodities controlled by 

3A001, 3A201, or 

3A225 to 3A234 for 

NP reasons.

NP Column 1. 

RS applies to ‘‘technology’’ for commodities controlled in 

3A090, when exported 

from Macau or a destination specified in 

Country Group D:5.

Worldwide (see 

§ 742.6(a)(6)(ii)). 

RS applies to ‘‘technology’’ for commodities controlled by 

3A001.z, 3A090 (except for 3A090.c).

To or within destinations 

specified in Country 

Groups D:1, D:4, and 

D:5 of supplement no. 

1 to part 740 of the 

EAR, excluding any 

destination also specified in Country Groups 

A:5 or A:6. See 

§ 742.6(a)(6)(iii) of the 

EAR. 

RS applies to ‘‘technology’’ for commodities controlled by 

3A090.c.

To or within Macau or a 

destination specified in 

Country Group D:5 of 

supplement no. 1 to 

part 740 of the EAR. 

See § 742.6(a)(6)(i)(B) 

of the EAR. 

RS applies to ‘‘technology’’ for commodities controlled by 

3A001.a.15 or b.13, 

3A004, 3B003, 3C007, 

3C008, or 3C009.

RS Column 2. 

AT applies to entire entry AT Column 1. 

License Requirements Note: See § 744.17 

of the EAR for additional license 

requirements for microprocessors having a 

processing speed of 5 GFLOPS or more and 

an arithmetic logic unit with an access width 

of 32 bit or more, including those 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4617 

incorporating ‘‘information security’’ 

functionality, and associated ‘‘software’’ and 

‘‘technology’’ for the ‘‘production’’ or 

‘‘development’’ of such microprocessors. 

Reporting Requirements 

See § 743.1 of the EAR for reporting 

requirements for exports under License 

Exceptions and Validated End-User 

authorizations. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: Yes, except N/A for MT, and 

‘‘technology’’ for the ‘‘development’’ or 

‘‘production’’ of: (a) vacuum electronic 

device amplifiers described in 3A001.b.8, 

having operating frequencies exceeding 19 

GHz; (b) solar cells, coverglassinterconnect-cells or covered-interconnectcells (CIC) ‘‘assemblies,’’ solar arrays and/ 

or solar panels described in 3A001.e.4; (c) 

‘‘Monolithic Microwave Integrated Circuit’’ 

(‘‘MMIC’’) amplifiers in 3A001.b.2; (d) 

discrete microwave transistors in 

3A001.b.3; and (e) commodities described 

in 3A090. 

Note: See § 740.2(a)(9)(ii) of the EAR for 

license exception restrictions for ECCN 

3E001 ‘‘technology’’ for commodities 

controlled by 3A001.z, 3A090. 

IEC: Yes, for ‘‘technology’’ for equipment 

controlled by 3B001.q, see § 740.2(a)(22) 

and § 740.24 of the EAR. 

Special Conditions for Strategic Trade 

Authorization (STA) 

STA: License Exception STA may not be 

used to ship or transmit ‘‘technology’’ 

according to the General Technology Note 

for the ‘‘development’’ or ‘‘production’’ of 

equipment specified by ECCNs 3A002.g.1 

or 3B001.a.2 to any of the destinations 

listed in Country Group A:6 (see 

supplement no.1 to part 740 of the EAR). 

License Exception STA may not be used to 

ship or transmit ‘‘technology’’ according to 

the General Technology Note for the 

‘‘development’’ or ‘‘production’’ of 

components specified by ECCN 3A001.b.2, 

b.3, commodities specified in 3A090, to 

any of the destinations listed in Country 

Group A:5 or A:6 (see supplement no. 1 to 

part 740 of the EAR). 

List of Items Controlled 

Related Controls: (1) ‘‘Technology’’ according 

to the General Technology Note for the 

‘‘development’’ or ‘‘production’’ of certain 

‘‘space-qualified’’ atomic frequency 

standards described in Category XV(e)(9), 

MMICs described in Category XV(e)(14), 

and oscillators described in Category 

XV(e)(15) of the USML are ‘‘subject to the 

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

See also ECCNs 3E101, 3E201 and 9E515. 

(2) ‘‘Technology’’ for ‘‘development’’ or 

‘‘production’’ of ‘‘Microwave Monolithic 

Integrated Circuits’’ (‘‘MMIC’’) amplifiers 

in 3A001.b.2 is controlled in this ECCN 

3E001; 5E001.d refers only to that 

additional ‘‘technology’’ ‘‘required’’ for 

telecommunications. 

Related Definition: N/A. 

Items: The list of items controlled is 

contained in the ECCN heading. 

Note 1: 3E001 does not control 

‘‘technology’’ for equipment or 

‘‘components’’ controlled by 3A003. 

Note 2: 3E001 does not control 

‘‘technology’’ for integrated circuits 

controlled by 3A001.a.3 to a.14 or z, having 

all of the following: 

(a) Using ‘‘technology’’ at or above 0.130 

mm; and 

(b) Incorporating multi-layer structures 

with three or fewer metal layers. 

* * * * * 

3E069 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ or ‘‘production’’ of items 

controlled by 3A069. 

License Requirements 

Reason for Control: NS, RS, AT 

Control(s) 

Country chart 

(see Supp. No. 1 to part 

738) 

NS applies to entire 

entry.

NS Column 2. 

RS applies to entire 

entry.

To or within Macau or a 

destination specified in 

Country Group D:5 of 

supplement no. 1 to 

part 740 of the EAR. 

See § 742.6(a)(13) of 

the EAR. 

AT applies to entire entry AT Column 1. 

List Based License Exceptions (See Part 740 

for a Description of All License Exceptions) 

TSR: Yes, except N/A for Macau, destinations 

in Country Group D:5, or destinations 

subject to the RS control in 3A999. 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

* * * * * 

Thea D. Rozman Kendler, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2025–00723 Filed 1–15–25; 8:45 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 250108–0010] 

RIN 0694–AJ76 

Addition of Entities to and Revision of 

Entry on the Entity List 

AGENCY: Bureau of Industry and 

Security, Department of Commerce. 

ACTION: Final rule. 

SUMMARY: In this rule, the Bureau of 

Industry and Security (BIS) amends the 

Export Administration Regulations 

(EAR) by adding 11 entities under 11 

entries to the Entity List. These entries 

are listed on the Entity List under the 

destination of China, People’s Republic 

of (China) (11). These entities have been 

determined by the U.S. Government to 

be acting contrary to the national 

security and/or foreign policy interests 

of the United States. This rule also 

revises one existing entry on the Entity 

List under the destination of India. 

DATES: This rule is effective January 16, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Chair, End-User Review Committee, 

Office of the Assistant Secretary for 

Export Administration, Bureau of 

Industry and Security, Department of 

Commerce, Phone: (202) 482–5991, 

Email: ERC@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Entity List (supplement no. 4 to 

part 744 of the EAR (15 CFR parts 730– 

774)) identifies entities for which there 

is reasonable cause to believe, based on 

specific and articulable facts, have been 

involved, are involved, or pose a 

significant risk of being or becoming 

involved in activities contrary to the 

national security or foreign policy 

interests of the United States, pursuant 

to § 744.11(b) of the EAR. The EAR 

imposes additional license requirements 

on and limits the availability of most 

license exceptions for exports, 

reexports, and transfers (in-country) 

when a listed entity is a party to the 

transaction. The license review policy 

for each listed entity is identified in the 

‘‘License Review Policy’’ column on the 

Entity List, and the impact on the 

availability of license exceptions is 

described in the relevant Federal 

Register document that added the entity 

to the Entity List. BIS places entities on 

the Entity List pursuant to part 744 

(Control Policy: End-User and End-Use 

Based) and part 746 (Embargoes and 

Other Special Controls) of the EAR. 

The End-User Review Committee 

(ERC), composed of representatives of 

the Departments of Commerce (Chair), 

State, Defense, Energy, and, where 

appropriate, the Treasury, makes all 

decisions regarding additions to, 

removals from, or other modifications to 

the Entity List. The ERC makes all 

decisions to add an entry to the Entity 

List by majority vote and makes all 

decisions to remove or modify an entry 

by unanimous vote. 

Additions to the Entity List 

The ERC determined to add Beijing 

Zhipu Huazhang Technology Co., Ltd.; 

Beijing Lingxin Intelligent Technology 

Co., Ltd.; Beijing Yuanyin Intelligent 

Technology Co., Ltd.; Beijing Zhipu 


ddrumheller on DSK120RN23PROD with RULES1