[Federal Register Volume 80, Number 116 (Wednesday, June 17, 2015)]
[Proposed Rules]
[Pages 34562-34572]
[FR Doc No: 2015-14474]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Part 774

[Docket No. 120105019-5328-01]
RIN 0694-AF52

Commerce Control List: Addition of Items Determined to No Longer
Warrant Control Under United States Munitions List Category XIV
(Toxicological Agents) or Category XVIII (Directed Energy Weapons)

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule describes how articles the President
determines no longer warrant control under Category XIV (Toxicological
Agents, Including Chemical Agents, Biological Agents, and Associated
Equipment) or Category XVIII (Directed Energy Weapons) of the United
States Munitions List (USML) would be controlled under the Commerce
Control List (CCL). The affected Category XIV articles consist
primarily of dissemination, detection and protection ``equipment'' and
related articles and would be controlled under new Export Control
Classification Numbers (ECCNs) 1A607, 1B607, 1C607, 1D607, and 1E607,
as proposed by this rule. The affected Category XVIII articles consist
primarily of tooling, production ``equipment,'' test and evaluation
``equipment,'' test models and related articles and would be controlled
under new ECCNs 6B619, 6D619 and 6E619, as proposed by this rule.
    This rule is one in a series of proposed rules describing how
various types of articles that the President determines no longer
warrant control on the USML, as part of the Administration's Export
Control Reform Initiative, would be controlled on the CCL in accordance
with the requirements of the Export Administration Regulations (EAR).
    This proposed rule is being published by the Bureau of Industry and
Security (BIS) in conjunction with a proposed rule from the Department
of State, Directorate of Defense Trade Controls, which would amend the
list of articles controlled by USML Categories XIV and XVIII. The
citations in this BIS proposed rule to USML Categories XIV and XVIII
reflect the proposed amendments contained in the Department of State's
rule. The revisions proposed by BIS in this rule are part of Commerce's
retrospective regulatory review plan under Executive Order 13563
completed in August 2011.

DATES: Comments must be received by August 17, 2015.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
The identification number for this rulemaking is BIS-2015-0023.
     By email directly to<EMAIL_ADDRESS>Include
RIN 0694-AF52 in the subject line.
     By mail or delivery to Regulatory Policy Division, Bureau
of Industry and Security, U.S. Department of Commerce, Room 2099B, 14th
Street and Pennsylvania Avenue NW., Washington, DC 20230. Refer to RIN
0694-AF52.

FOR FURTHER INFORMATION CONTACT: For questions regarding dissemination,
detection and protection ``equipment'' and related articles that would
be controlled under new ECCNs 1A607, 1B607, 1C607, 1D607, and 1E607,
contact Richard P. Duncan, Ph.D., Director, Chemical and Biological
Controls Division, Office of Nonproliferation and Treaty Compliance,
Bureau of Industry and Security, telephone:<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    For questions regarding tooling, production ``equipment,'' test and
evaluation ``equipment'' and test models that would be controlled under
new ECCNs 6B619, 6D619 and 6E619, contact Mark Jaso, Sensors and
Aviation Division, Office of National Security & Technology Transfer
Controls, Bureau of Industry and Security, telephone: (202)

482-0987, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    This proposed rule is published by the Bureau of Industry and
Security (BIS) as part of the Administration's Export Control Reform
(ECR) Initiative, the object of which is to protect and enhance U.S.
national security interests. The implementation of the ECR includes
amendment of the International Traffic in Arms Regulations (ITAR) and
its U.S. Munitions List (USML), so that they control only those items
that provide the United States with a critical military or intelligence
advantage or otherwise warrant such controls, and amendment of the
Export Administration Regulations (EAR) to control military items that
do not warrant USML controls. This series of amendments to the ITAR and
the EAR will reform the U.S. export control system to enhance our
national security by: (i) improving the interoperability of U.S.
military forces with allied countries; (ii) strengthening the U.S.
industrial base by, among other things, reducing incentives for foreign
manufacturers to design out and avoid U.S.-origin content and services;
and (iii) allowing export control officials to focus government
resources on transactions that pose greater national security, foreign
policy, or proliferation concerns than those involving our NATO allies
and other multi-regime partners.
    Following the structure set forth in the final rule titled
``Revisions to the Export Administration Regulations: Initial
Implementation of Export Control Reform'' (78 FR 22660, April 16, 2013)
(hereinafter the ``April 16 (initial implementation) rule''), this
proposed rule describes BIS's proposal for controlling under the EAR's
CCL certain dissemination, detection and protection ``equipment'' and
related articles currently controlled under USML Category XIV in the
ITAR and certain tooling, production ``equipment,'' test and evaluation
``equipment,'' test models and related articles currently controlled
under USML Category XVIII of the ITAR.
    In the April 16 (initial implementation) rule, BIS created a series
of new ECCNs to control items that would be removed from the USML and
similar items from the Wassenaar Arrangement on Export Controls for
Conventional Arms and Dual Use Goods and Technologies Munitions List
(Wassenaar Arrangement Munitions List or WAML) that were already
controlled elsewhere on the CCL. That final rule referred to this
series of new ECCNs as the ``600 series,'' because the third character
in each of these new ECCNs is the number ``6.'' The first two
characters of the ``600 series'' ECCNs serve the same function as any
other ECCN as described in Sec.  738.2 of the EAR. The first character
is a number, within the range of 0 through 9, that identifies the
Category on the CCL in which the ECCN is located. The second character
is a letter, within the range of A through E, that identifies the
product group in a CCL Category. As indicated above, the third
character in the ``600 series'' ECCNs is the number ``6,'' which
distinguishes the items controlled under this series of ECCNs from
items identified under other ECCNs on the CCL. With few exceptions, the
final two characters identify the WAML category that covers items that
are the same or similar to items in a particular ``600 series'' ECCN.
    Pursuant to section 38(f) of the Arms Export Control Act (AECA),
the President is obligated to review the USML ``to determine what
items, if any, no longer warrant export controls under'' the AECA. The
President must report the results of the review to Congress and wait 30
days before removing any such items from the USML. The report must
``describe the nature of any controls to be imposed on that item under
any other provision of law.'' 22 U.S. C. 2778(f)(1).
    The changes proposed in this rule and the State Department's
companion rule to Categories XIV and XVIII of the USML are based on a
review of these USML Categories by the Defense Department, which worked
with the Departments of State and Commerce in preparing the proposed
amendments. The review focused on identifying the types of articles
that are now controlled by USML Category XIV or Category XVIII that are
either: (i) inherently military and otherwise warrant control on the
USML; or (ii) of a type common to civil applications, possessing
parameters or characteristics that provide a critical military or
intelligence advantage to the United States, and are almost exclusively
available from the United States. If an article was found to satisfy
either or both of these criteria, the article remains on the USML. If
an article was found not to satisfy either criterion, but is
nonetheless a type of article that is ``specially designed'' for
military applications, then, generally, it is identified in one of the
new ``600 series'' ECCNs proposed by this rule.
    All references to the USML in this rule are to the list of defense
articles that are controlled for purposes of export, temporary import,
or brokering pursuant to the ITAR, and not to the list of defense
articles on the United States Munitions Import List (USMIL) that are
controlled by the Bureau of Alcohol, Tobacco, Firearms and Explosives
(ATF) for purposes of permanent import under its regulations at 27 CFR
part 447. Pursuant to section 38(a)(1) of the AECA, all defense
articles controlled for export or import, or that are subject to
brokering controls, are part of the ``USML'' under the AECA. For the
sake of clarity, references to the USMIL are to the list of defense
articles controlled by ATF for purposes of permanent import. All
defense articles described in the USMIL or the USML are subject to the
brokering controls administered by the U.S. Department of State in part
129 of the ITAR. The transfer of defense articles from the ITAR's USML
to the EAR's CCL, for purposes of export controls, does not affect the
list of defense articles that are controlled on the USMIL under the
AECA for purposes of permanent import or brokering controls.
    On January 18, 2011, the President issued Executive Order 13563,
affirming general principles of regulation and directing government
agencies to conduct retrospective reviews of existing regulations. The
revisions proposed in this rule are part of Commerce's retrospective
regulatory review plan under Executive Order 13563. Commerce's full
plan, completed in August 2011, can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.

Changes Proposed by This Rule to Controls on Certain Dissemination,
Detection and Protection ``Equipment'' and Related Items Currently
Controlled Under USML Category XIV

    This proposed rule would create five new ``600 series'' ECCNs in
CCL Category 1 (ECCNs 1A607, 1B607, 1C607, 1D607, and 1E607) that would
clarify the EAR controls that apply to certain dissemination, detection
and protection ``equipment'' and related items the President determines
no longer warrant control under USML Category XIV. Terms such as
``part,'' ``component'' ``accessories,'' ``attachments,'' and
``specially designed'' are applied in the same manner in this rule as
those terms are defined in Section 772.1 of the EAR. In addition, to
assist exporters in determining the control status of their items, a
``Specially Designed'' Decision Tool and a CCL Order of Review Decision
Tool are available on the BIS

Web site at: http://www.bis.doc.gov/index.php/decision-tree-tools.
    New ECCN 1A607: Military dissemination ``equipment'' for riot
control agents, military detection and protection ``equipment'' for
toxicological agents (including chemical, biological, and riot control
agents), and related commodities.
    In proposed ECCN 1A607, paragraphs .a through .d, paragraph .i, and
paragraphs .l through .w would be reserved. Paragraph .e of ECCN 1A607
would control ``equipment'' ``specially designed'' for military use and
for the dissemination of any of the riot control agents controlled in
ECCN 1C607.a. Paragraph .f of ECCN 1A607 would control protection
``equipment'' ``specially designed'' for military use and for defense
against either materials controlled by USML Category XIV(a) or (b) or
any of the riot control agents in new ECCN 1C607.a. Paragraph .g of
ECCN 1A607 would control decontamination ``equipment'' not controlled
by USML Category XIV(f) that is ``specially designed'' for military use
and for the decontamination of objects contaminated with materials
controlled by USML Category XIV(a) or (b). Paragraph .h would control
``equipment'' not controlled by USML Category XIV(f) that is
``specially designed'' for military use and for the detection or
identification of either materials specified by USML Category XIV(a) or
(b) or riot control agents controlled by proposed new ECCN 1C607.a.
Paragraph .j would control ``equipment'' ``specially designed'' to: (i)
Interface with a detector, shelter, vehicle, vessel, or aircraft
controlled by the USML or a ``600 series'' ECCN; and (ii) collect and
process samples of articles controlled in USML Category XIV(a) or (b).
Paragraph .k would control medical countermeasures that are ``specially
designed'' for military use (including pre- and post- treatments,
antidotes, and medical diagnostics) and ``specially designed'' to
counter chemical agents controlled by USML Category XIV(a). Paragraph
.x would control ``parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
controlled under ECCN 1A607.e, .f, .g, .or .j or a defense article
controlled in USML Category XIV(f) and that are not enumerated or
otherwise described elsewhere in the USML.
    New ECCN 1B607: Military test, inspection, and production
``equipment'' and related commodities ``specially designed'' for the
``development,'' ``production,'' repair, overhaul, or refurbishing of
commodities identified in ECCN 1A607 or 1C607, or defense articles
enumerated or otherwise described in USML Category XIV.
    In proposed ECCN 1B607, paragraph .a would control ``equipment,''
not including incinerators, that is ``specially designed'' for the
destruction of chemical agents controlled by USML Category XIV(a).
Paragraph .b of ECCN 1B607 would control test facilities and
``equipment'' that are ``specially designed'' for military
certification, qualification, or testing of commodities controlled by
new ECCN 1A607.e, .f, .g, or .j or by USML Category XIV(f), except for
XIV(f)(1). Paragraph .c would control tooling and ``equipment''
``specially designed'' for the ``development,'' ``production,'' repair,
overhaul, or refurbishing of commodities controlled under new ECCN
1A607.e, .f, .g, or .j or USML Category XIV(f). Paragraphs .d through
.w would be reserved. Paragraph .x would control ``parts,''
``components,'' ``accessories,'' and ``attachments,'' not enumerated or
otherwise described elsewhere in the USML, that are ``specially
designed'' for a commodity controlled by ECCN 1B607.b or .c or for a
defense article controlled by USML Category XIV(f).
    New ECCN 1C607: Tear gases, riot control agents and materials for
the detection and decontamination of chemical warfare agents.
    Proposed ECCN 1C607.a would control specified tear gases and riot
control agents. Paragraph .b of ECCN 1C607 would control
``biopolymers'' not controlled by USML Category XIV(g) that are
``specially designed'' or processed for the detection or identification
of chemical warfare (CW) agents specified by USML Category XIV(a) and
the cultures of specific cells used to produce them. Paragraph .c would
control specified ``biocatalysts'' and biological systems that are not
controlled by USML Category XIV(g) and are ``specially designed'' for
the decontamination or degradation of CW agents specified by USML
Category XIV(a). Paragraph .d would control chemical mixtures not
controlled by USML Category XIV(f) that are ``specially designed'' for
military use for the decontamination of objects contaminated with
materials specified by USML Category XIV(a) or (b).
    New ECCN 1D607: ``Software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of items
controlled by 1A607, 1B607 or 1C607.
    Proposed ECCN 1D607.a would control ``software'' ``specially
designed'' for the ``development,'' ``production,'' operation, or
maintenance of items controlled by ECCN 1A607, 1B607 or 1C607.
Paragraph .b of ECCN 1D607 would be reserved.
    New ECCN 1E607: ``Technology'' ``required'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul, or refurbishing of items controlled by ECCN 1A607,
1B607, 1C607, or 1D607.
    Proposed ECCN 1E607.a would control ``technology'' ``required'' for
the ``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul, or refurbishing of items controlled by
ECCN 1A607, 1B607, 1C607, or 1D607. Paragraph .b of ECCN 1E607 would be
reserved.

Changes Proposed by This Rule to Controls on Certain Tooling,
Production ``Equipment,'' Test and Evaluation ``Equipment'' and Test
Models Currently Controlled Under USML Category XVIII

    This rule proposes to create three new ``600 series'' ECCNs in CCL
Category 6 (ECCNs 6B619, 6D619 and 6E619) that would clarify the EAR
controls that apply to certain tooling, production ``equipment,'' test
and evaluation ``equipment,'' test models and related articles for
Directed Energy Weapons (DEWs) that the President determines no longer
warrant control under USML Category XVIII. Terms such as ``part,''
``component'' ``accessories,'' ``attachments,'' and ``specially
designed'' are applied in the same manner in this rule as those terms
are defined in Section 772.1 of the EAR. In addition, to assist
exporters in determining the control status of their items, a
``Specially Designed'' Decision Tool and a CCL Order of Review Decision
Tool are available on the BIS Web site at: http://www.bis.doc.gov/index.php/decision-tree-tools.
    New ECCN 6B619: Test, inspection and production ``equipment,'' and
related commodities, ``specially designed'' for the ``development,''
``production,'' repair, overhaul, or refurbishing of commodities
enumerated or otherwise described in USML Category XVIII.
    Proposed ECCN 6B619.a would control tooling, templates, jigs,
mandrels, molds, dies, fixtures, alignment mechanisms, and test
``equipment'' not enumerated or otherwise described in USML Category
XVIII and not elsewhere specified on the USML that are ``specially
designed'' for the ``development,'' ``production,'' repair, overhaul,
or refurbishing of commodities controlled by USML Category XVIII. The
commodities that would be controlled under proposed ECCN 6B619.a are
used to produce directed energy weapons (including

non-lethal directed energy weapons, such as active denial systems) and
are similar to commodities that are in operation in a number of other
countries, some of which are not allies of the United States or members
of multinational export control regimes. Research and development is
currently underway to determine the possible uses of such commodities
(e.g., to protect the Earth from asteroids, or for perimeter security
and crowd control). Possession of such commodities does not confer a
significant military advantage on the United States and, therefore, the
inclusion of such commodities on the CCL would be appropriate.
    Paragraphs .b through .w of ECCN 6B619 would be reserved. Paragraph
.x would control ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control under paragraph .a of this ECCN and not enumerated or otherwise
described in USML Category XVIII and not elsewhere specified on the
USML.
    New ECCN 6D619: ``Software'' ``specially designed'' for the
``development,'' ``production,'' operation or maintenance of
commodities controlled by 6B619.
    Proposed ECCN 6D619 would control ``software'' ``specially
designed'' for the ``development,'' ``production,'' operation or
maintenance of commodities controlled by ECCN 6B619. Inclusion of this
``software'' on the CCL would be appropriate, because it would be
limited to ``software'' ``specially designed'' for ECCN 6B619
commodities and would not include any ``software'' for items
specifically enumerated or otherwise described on the USML.
    New ECCN 6E619: ``Technology'' ``required'' for the
``development,'' ``production,'' operation, installation, maintenance,
repair, overhaul or refurbishing of commodities controlled by 6B619 or
``software'' controlled by 6D619.
    Proposed ECCN 6E619 would control ``technology'' ``required'' for
the ``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul or refurbishing of commodities controlled
by ECCN 6B619, or ``software'' controlled by 6D619. Inclusion of this
``technology'' on the CCL would be appropriate, because it would be
limited to ``technology'' ``required'' for ECCN 6B619 commodities and
would not include any ``technology'' for items specifically enumerated
or otherwise described on the USML.

Applicable Controls for the New ``600 Series'' ECCNs Proposed by This
Rule.

    Pursuant to the framework established in the April 16 (initial
implementation) rule, detection and protection ``equipment'' and
related commodities classified under ECCN 1A607; related test,
inspection and production ``equipment'' classified under ECCN 1B607;
tear gases, riot control agents and related commodities classified
under ECCN 1C607 (except for items listed in ECCN 1C607.a.10, .a.11,
.a.12, or a.14, all of which are specifically excluded from WAML
Category 7 by Note 1 thereto); related ``software'' classified under
ECCN 1D607 (except ``software'' for items listed in ECCN 1C607.a.10,
.a.11, .a.12, or a.14); and related ``technology'' classified under
ECCN 1E607 (except ``technology'' for items listed in ECCN 1C607.a.10,
.a.11, .a.12, or a.14 and 1D607 ``software'' therefor) would be subject
to the licensing policies that apply to items controlled for national
security (NS) reasons, as described in Sec.  742.4(b)(1)--specifically,
NS Column 1 controls. The same level of NS controls and licensing
policies also would apply to the items that would be controlled under
the three new ECCNs (i.e., test, inspection, and production
``equipment'' classified under ECCN 6B619; related ``software''
classified under ECCN 6D619; and related ``technology'' classified
under ECCN 6E619) that this rule proposes to add to Category 6 of the
CCL. In addition, all of the items that would be controlled under the
new ECCNs proposed by this rule would be subject to the regional
stability (RS) licensing policies set forth in Sec.  742.6(a)(1), i.e.,
RS Column 1, as well as antiterrorism (AT Column 1) and United Nations
(UN) controls.
    Also, in accordance with Sec. Sec.  742.4(b)(1) and 742.6(b)(1) of
the EAR, exports and reexports of ``600 series'' items controlled for
NS or RS reasons will be reviewed consistent with United States arms
embargo policies in Sec.  126.1 of the ITAR, if destined to a country
listed in Country Group D:5 of Supplement No. 1 to part 740 of the EAR.
All items controlled for NS or RS reasons, as set forth in this
proposed rule, would be subject to this licensing policy.

Effects of This Proposed Rule

    BIS believes that the principal effect of this rule, when
considered in the context of similar proposed rules being published as
part of the ECR, will be to provide greater flexibility for exports and
reexports to NATO member countries and other multiple-regime-member
countries of items the President determines no longer warrant control
on the USML. This greater flexibility would be in the form of:
application of the EAR's de minimis threshold principle for items
constituting less than a de minimis amount of controlled U.S.-origin
content in foreign made items; availability of license exceptions,
particularly License Exceptions ``Servicing and Replacement of Parts
and Equipment'' (RPL) and ``Strategic Trade Authorization'' (STA);
elimination of the requirements for manufacturing license agreements
and technical assistance agreements in connection with exports of
technology; and a reduction in, or elimination of, exporter and
manufacturer registration requirements and associated registration
fees. Some of these specific effects are discussed in more detail
below.

De minimis

    The April 16 (initial implementation) rule imposed certain unique
de minimis requirements on items controlled under the new ``600
series'' ECCNs. Section 734.3 of the EAR provides, inter alia, that,
under certain conditions, items made outside the United States that
incorporate items subject to the EAR are not subject to the EAR if they
do not exceed a ``de minimis'' percentage of controlled U.S. origin
content. Under Section 734.4 of the EAR, as amended by the April 16
(initial implementation) rule, there is no eligibility for de minimis
treatment for a foreign-made item that incorporates U.S.-origin ``600
series'' items when the foreign-made item is destined for a country
that is subject to a U.S. arms embargo, i.e., a country listed in
Country Group D:5 of Supplement No. 1 to part 740 of the EAR. Items
controlled under the new ``600 series'' ECCNs proposed in this rule
would be eligible for de minimis treatment under the EAR, provided that
the foreign-made items into which they are incorporated are not
destined for a country listed in Country Group D:5. In contrast, the
AECA does not permit the ITAR to have a de minimis treatment for USML-
listed items, regardless of the significance or insignificance of the
U.S.-origin content or the percentage of U.S.-origin content in the
foreign-made item (i.e., USML-listed items remain subject to the ITAR
when they are incorporated abroad into a foreign-made item, regardless
of either of these factors).

Use of License Exceptions

    The April 16 (initial implementation) rule imposed certain
restrictions on the use of license exceptions for items controlled
under ``600 series'' ECCNs on

the CCL. The general restrictions that apply to the use of license
exceptions for such items are described in Sec.  740.2(a)(13) of the
EAR. The EAR provisions that describe the requirements specific to
individual license exceptions contain additional restrictions on the
use of license exceptions for such items.
    For example, this rule proposes limited License Exception STA
availability for the new ``600 series'' ECCNs contained herein. None of
the items that would be controlled under these proposed ECCNs would be
eligible for the STA ``controls of lesser sensitivity'' described in
Sec.  740.20(c)(2) of the EAR. Instead, STA eligibility for all such
items would be limited to the destinations listed in Sec.  740.20(c)(1)
of the EAR (i.e., Country Group A:5 destinations indicated in
Supplement No. 1 to part 740 of the EAR). In addition, such items must
be for: (1) ultimate end-use by a person of a type specified in Sec.
740.20(b)(3)(ii) of the EAR (i.e., the armed forces, police,
paramilitary, law enforcement, customs, correctional, fire, or a search
and rescue agency of a government of one of the countries listed in
Country Group A:5 or the United States Government); or (2) the
``development,'' ``production,'' operation installation, maintenance,
repair, overhaul, or refurbishing of an item, in one of the countries
listed in Country Group A:5 or the United States, that will ultimately
be used by any such government agencies, the United States Government,
or by a person in the United States. The use of License Exception STA
also may be authorized, under certain circumstances described in Sec.
740.20(b)(3)(ii)(C), where the U.S. Government has otherwise authorized
the ultimate end-use under a license.
    None of the items that would be controlled under the new ``600
series'' ECCNs proposed by this rule would be treated as ``end items''
for purposes of License Exception STA and, therefore, such items would
not be subject to the License Exception STA eligibility request
requirements in Sec.  740.20(g) of the EAR.
    Items controlled under proposed new ECCN 1B607 or 6B619 also would
be eligible for License Exception LVS (limited value shipments) up to a
value of $1,500, TMP (temporary exports), and RPL (servicing and
replacement parts). License Exceptions TMP and RPL also would be
available for items controlled under new ECCN 1A607.
    BIS believes that the restrictions that would apply to the use of
license exceptions for the items in the proposed new ``600 series''
ECCNs would represent an overall reduction from the level of
restrictions that currently apply to such items on the USML. This would
be particularly true with respect to exports of such items to NATO
members and multiple-regime member countries.

Alignment With the Wassenaar Arrangement Munitions List

    Since the beginning of ECR, the Administration has stated that the
reforms will be consistent with the United States' obligations to the
multilateral export control regimes. Accordingly, the Administration
will, in this proposed rule, exercise its national discretion to
implement, clarify, and, to the extent feasible, align its controls
with those of the regimes. In this rule, proposed ECCNs 1A607 and 1C607
would implement, to the extent possible, the controls in WAML Category
7; proposed ECCNs 1B607 and 6B619 would implement, to the extent
possible, the controls in WAML Category 18 for production
``equipment;'' proposed ECCNs 1D607 and 6D619 would implement, to the
extent possible, the controls in WAML Category 21 for ``software;'' and
proposed ECCNs 1E607 and 6E619 would implement, to the extent possible,
the controls in WAML Category 22 for ``technology.''

Request for Comments

    BIS seeks comments on this proposed rule. BIS will consider all
comments received on or before August 17, 2015. All comments (including
any personally identifying information or information for which a claim
of confidentially is asserted either in those comments or their
transmittal emails) will be made available for public inspection and
copying. Parties who wish to comment anonymously may do so by
submitting their comments via Regulations.gov, leaving the fields that
would identify the commenter blank and including no identifying
information in the comment itself.
    Although the Export Administration Act expired on August 20, 2001,
the President, through Executive Order 13222 of August 17, 2001, 3 CFR,
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of
August 7, 2014, 79 FR 46959 (August 11, 2014), has continued the Export
Administration Regulations in effect under the International Emergency
Economic Powers Act. BIS continues to carry out the provisions of the
Export Administration Act, as appropriate and to the extent permitted
by law, pursuant to Executive Order 13222, as amended by Executive
Order 13637.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has been designated a ``significant regulatory
action,'' although not economically significant, under section 3(f) of
Executive Order 12866. Accordingly, the rule has been reviewed by the
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor is 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 OMB
control number. This proposed rule would affect the following approved
collections: Simplified Network Application Processing System (control
number 0694-0088), which includes, among other things, license
applications; License Exceptions and Exclusions (0694-0137);
recordkeeping (0694-0096); export clearance (0694-0122); and the
Automated Export System (0607-0152).
    As stated in the proposed rule published on July 15, 2011 (76 FR
41958) (the ``July 15 proposed rule''), BIS initially estimated that
the combined effect of all rules to be published, adding items to the
EAR that would be removed from the ITAR as part of the Administration's
Export Control Reform Initiative, would increase the number of license
applications to be submitted to BIS by approximately 16,000 annually,
resulting in an increase in burden hours of 5,067 (16,000 transactions
at 17 minutes each) under control number 0694-0088. As the review of
the USML has progressed, the interagency group has gained more specific
information about the number of items that would come under BIS
jurisdiction and whether those items would be eligible for export under
license exception. As of June 21, 2012, BIS revised its estimate to
reflect an increase in license applications of 30,000 annually,
resulting in an increase in burden hours of 8,500 (30,000 transactions
at 17

minutes each) under control number 0694-0088. BIS continues to believe
that its revised estimate is accurate. Notwithstanding this increase in
license applications under the EAR, the net burden that U.S. export
controls impose on U.S. exporters is expected to go down, as described
below, as a result of the transfer of less sensitive military items to
the jurisdiction of the Department of Commerce, under the EAR, and the
application of the license exceptions and other provisions in the EAR
that are described in this proposed rule.
    As proposed by this rule, certain dissemination, detection and
protection ``equipment'' and related articles currently controlled
under USML Category XIV in the ITAR and certain tooling, production
``equipment,'' test and evaluation ``equipment,'' test models and
related articles currently controlled under USML Category XVIII of the
ITAR would become subject to the licensing jurisdiction of the
Department of Commerce under the EAR and its CCL, and also would be
eligible for certain license exceptions, including License Exception
STA. For example, items controlled under proposed ECCN 1A607, 1B607,
1C607, 1D607, 1E607, 6B619, 6D619, or 6E619 would become eligible under
certain provisions of License Exception STA and would not need a
determination of eligibility as described in Sec.  740.20(g) of the
EAR. BIS believes that the increased use of License Exception STA
resulting from the combined effect of all rules to be published, adding
items to the EAR that would be removed from the ITAR as part of the
Administration's Export Control Reform Initiative, would increase the
burden associated with control number 0694-0137 by about 23,858 hours
(20,450 transactions at 1 hour and 10 minutes each).
    BIS expects that this increase in burden hours under the EAR would
be more than offset by a reduction in the burden hours associated with
currently approved collections related to the ITAR. With few
exceptions, most exports of the dissemination, detection and protection
``equipment'' and related articles and the tooling, production
``equipment,'' test and evaluation ``equipment,'' test models and
related articles that this rule proposes to add to the CCL currently
require State Department authorization, even when destined to NATO
member states and other close allies. In addition, the exports of
``technology'' necessary to produce such items in the inventories of
the United States and its NATO and other close allies currently require
State Department authorization. Under the EAR, as proposed by this
rule, such ``technology'' would become eligible for export to NATO
member states and other close allies under License Exception STA,
unless otherwise specifically excluded.
    The anticipated reduction in burden hours would particularly impact
exporters of ``parts'' and ``components'' that would no longer be
subject to the ITAR, because, with few exceptions, the ITAR currently
exempt from license requirements only exports to Canada. Most exports
of such ``parts'' and ``components,'' even when destined to NATO and
other close allies, currently require State Department authorization.
Under the EAR, as proposed by this rule, a small number of low-level
``parts'' and ``components'' would not require a license to most
destinations, while most other ``parts'' and ``components'' identified
under the proposed new ``600 series'' ECCNs would be eligible for
export to NATO and other close allies under License Exception STA.
    Use of License Exception STA imposes a paperwork and compliance
burden because, for example, exporters must furnish information about
the item that is being exported to the consignee and obtain from the
consignee an acknowledgement and commitment to comply with the
requirements of the EAR. However, the Administration believes that
complying with the requirements of STA is likely to be less burdensome
than applying for licenses. For example, under License Exception STA, a
single consignee statement can apply to an unlimited number of
products, need not have an expiration date and need not be submitted to
the government in advance for approval. Suppliers with regular
customers can tailor a single statement and assurance to match their
business relationship, rather than applying repeatedly for licenses
with every purchase order, to supply allied and, in some cases, U.S.
forces with routine replacement parts and components.
    Even in situations in which a license would be required under the
EAR, the burden likely will be reduced, compared to the current license
requirement under the ITAR. In particular, license applications for
exports of ``technology'' controlled by ECCN 1E607 or 6E619 are likely
to be less complex and burdensome than the authorizations required to
export ITAR-controlled ``technology,'' i.e., Manufacturing License
Agreements and Technical Assistance Agreements.
    3. This rule does not contain policies with Federalism implications
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C.
601 et seq., generally requires an agency to prepare an initial
regulatory flexibility analysis (IRFA) for any rule subject to the
notice and comment rulemaking requirements under the Administrative
Procedure Act (5 U.S.C. 553) or any other statute, unless the agency
certifies that the rule will not have a significant economic impact on
a substantial number of small entities. Under section 605(b) of the
RFA, however, if the head of an agency certifies that a rule will not
have a significant impact on a substantial number of small entities,
the RFA does not require the agency to prepare a regulatory flexibility
analysis. Accordingly, pursuant to section 605(b), the Chief Counsel
for Regulation, Department of Commerce, has certified to the Chief
Counsel for Advocacy, Small Business Administration, that this proposed
rule, if promulgated, will not have a significant impact on a
substantial number of small entities. The rationale for this
certification is as follows.

Number of Small Entities

    Although BIS does not collect data on the size of entities that
apply for, and are issued, export licenses and is, therefore, unable to
estimate the exact number of small entities--as defined by the Small
Business Administration's regulations implementing the RFA--BIS
acknowledges that some small entities may be affected by this proposed
rule.

Economic Impact

    The amendments set forth in this rule are proposed as part of the
Administration's ECR initiative, which seeks to revise the USML to be a
positive control list--one that does not use generic, catch-all control
text to describe items subject to the ITAR--and to move some items that
the President has determined no longer warrant control under the ITAR
to control under the EAR and its CCL. Such items, along with certain
military items currently identified on the CCL (most of which are
identified on the WAML), will be controlled under new ``600 series''
ECCNs on the CCL. In addition, certain other items currently on the CCL
will move from existing ECCNs to the new ``600 series'' ECCNs.
    This rule addresses certain dissemination, detection and protection
``equipment'' and related articles currently enumerated or otherwise
described in USML Category XIV (Toxicological Agents, Including

Chemical Agents, Biological Agents, and Associated Equipment) and
certain tooling, production ``equipment,'' test and evaluation
``equipment,'' test models and related articles currently enumerated or
otherwise described in USML Category XVIII (Directed Energy Weapons).
Most toxicological agents (i.e., chemical and biological agents) and
associated equipment and all Directed Energy Weapons (DEWs) systems
``specially designed'' or modified for military applications,
``equipment'' ``specially designed'' or modified to detect, identify or
defend against such systems, and ``specially designed'' ``parts,''
``components,'' ``accessories'' and ``attachments'' for such systems or
``equipment'' would remain on the USML. However, many other ``parts''
and ``components'' would become subject to the EAR (as items described
in ECCN 1A607.x, 1B607.x, or 6B619.x), unless specifically enumerated
or otherwise described on the USML. Many of these ``parts'' and
``components'' are more likely, than the USML articles described above,
to be produced by small businesses. In addition, officials of the
Department of State have informed BIS that license applications for
such ``parts'' and ``components'' represent a high percentage of the
license applications for USML articles reviewed by that department.
Changing the jurisdictional status of certain Category XIV and Category
XVIII items would reduce the burden on small entities (and other
entities as well) through: (i) elimination of some license
requirements; (ii) greater availability of license exceptions; (iii)
simpler license application procedures; and (iv) reduced or eliminated
registration fees.
    Moreover, ``parts'' and ``components'' that are controlled under
the ITAR remain under ITAR control when incorporated into foreign-made
items, regardless of the significance or insignificance of the item.
This discourages foreign buyers from incorporating such U.S. content.
The availability of de minimis treatment under the EAR, for those items
that would no longer be controlled under the ITAR, may reduce the
disincentive for foreign manufacturers to purchase U.S.-origin
``parts'' and ``components,'' a development that potentially would mean
greater sales for U.S. suppliers, including small entities.
    Many exports and reexports of the Category XIV or Category XVIII
articles that would be added to the CCL by this rule (particularly, the
``parts'' and ``components'' that would be controlled under new ECCN
1A607.x, 1B607.x, or 6B619.x) would become eligible for license
exceptions that apply to exports to U.S. Government agencies, exports
of ``parts'' and ``components'' for use as replacement parts, temporary
exports and limited value exports (for ECCN 1B607 and 6B619 items,
only), as well as License Exception STA, thereby reducing the number of
licenses that exporters of these items would need. License exceptions
under the EAR would allow suppliers to send routine replacement parts
and low level parts to NATO and other close allies and export control
regime partners for use by those governments and for use by contractors
building equipment for those governments or for the U.S. Government
without having to obtain export licenses. Under License Exception STA,
the exporter would need to furnish information about the item being
exported to the consignee and obtain a statement from the consignee
that, among other things, would commit the consignee to comply with the
EAR and other applicable U.S. laws. Because such statements and
obligations can apply to an unlimited number of transactions and have
no expiration date, they would create a net reduction in burden on
transactions that the government routinely approves through the license
application process that the License Exception STA statements would
replace.
    Even for exports and reexports for which a license would be
required, the process for obtaining a license would be simpler and less
costly under the EAR. When a USML Category XIV or Category XVIII
article is moved to the CCL, the number of destinations for which a
license is required would remain unchanged. However, the burden on the
license applicant would decrease because the licensing procedure for
CCL items is simpler and more flexible than the licensing procedure for
USML articles.
    Under the USML licensing procedure, an applicant must include a
purchase order or contract with its application. There is no such
requirement under the CCL licensing procedure. This difference gives
the CCL applicant at least two advantages. First, the applicant has a
way to determine whether the U.S. Government will authorize the
transaction before it enters into potentially lengthy, complex and
expensive sales presentations or contract negotiations. Under the USML
procedure, the applicant must caveat all sales presentations with a
reference to the need for government approval, and is more likely to
engage in substantial effort and expense only to find that the
government will reject the application. Second, a CCL license applicant
need not limit its application to the quantity or value of one purchase
order or contract. It may apply for a license to cover all of its
expected exports or reexports to a specified consignee over the life of
a license (normally four years, but may be longer if circumstances
warrant a longer period), thus reducing the total number of licenses
for which the applicant must apply.
    In addition, many applicants exporting or reexporting items that
this rule proposes to transfer from the USML to the CCL would realize
cost savings through the elimination of some or all registration fees
currently assessed under the USML's licensing procedure. Currently,
USML applicants must pay to use the USML licensing procedure even if
they never actually are authorized to export. Registration fees for
manufacturers and exporters of articles on the USML start at $2,250 per
year, increase to $2,750 for organizations applying for one to ten
licenses per year and further increase to $2,750 plus $250 per license
application (subject to a maximum of three percent of total application
value) for those who need to apply for more than ten licenses per year.
Conversely, there are no registration or application processing fees
for applications to export items listed on the CCL. Once the Category
XIV or Category XVIII items that are the subject to this rulemaking are
removed from the USML and added to the CCL, entities currently applying
for licenses from the Department of State would find their registration
fees reduced if the number of USML licenses those entities need
declines. If an entity's entire product line is moved to the CCL, its
ITAR registration and registration fee requirement would be eliminated.

Conclusion

    BIS expects that the changes to the EAR proposed in this rule will
have a positive effect on all affected entities, including small
entities. While BIS acknowledges that this rule may have some cost
impacts on small (and other) entities, those costs are more than offset
by the benefits to the entities from the licensing procedures under the
EAR, which are much less costly and less time consuming than the
procedures under the ITAR. As noted above, any new burdens proposed by
this rule would be offset by a reduction in the number of items that
would require a license, increased opportunities for use of license
exceptions for exports to certain countries, simpler export license
applications, reduced or eliminated registration fees and application
of a de minimis threshold for foreign-made items incorporating U.S.-
origin parts

and components, all of which would reduce the incentive for foreign
buyers to design out or avoid U.S.-origin content. Accordingly, the
Chief Counsel for Regulation, Department of Commerce, has certified to
the Chief Counsel for Advocacy, Small Business Administration, that
this rule, if implemented, would not have a significant economic impact
on a substantial number of small entities. Accordingly, an initial
regulatory flexibility analysis is not required, and none has been
prepared.

List of Subjects in 15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, part 774 of the Export
Administration Regulations (15 CFR parts 730-774) is proposed to be
amended as follows:

PART 774--[AMENDED]

0
1. The authority citation for 15 CFR part 774 continues to read as
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq.; 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 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; Notice of August 7, 2014, 79 FR 46959 (August 11, 2014).

0
2. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins,'' add a new ECCN 1A607 between ECCNs
1A290 and 1A613 to read as follows:

Supplement No. 1 to Part 774--the Commerce Control List

* * * * *
1A607 Military dissemination ``equipment'' for riot control agents,
military detection and protection ``equipment'' for toxicological
agents (including chemical, biological, and riot control agents),
and related commodities (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

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

LVS: N/A
GBS: N/A
CIV: N/A

Special Conditions for STA

    STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 1A607.

List of Items Controlled

Related Controls: (1) Vaccines identified in ECCN 1C991 are not
controlled by this ECCN. (2) See 22 CFR 121.1 (USML), Category XIV(h),
for vaccines that are subject to the ITAR. (3) Protection and detection
``equipment'' and related items identified in ECCN 1A004, 1A995, or
2B351 are not controlled by this ECCN. (4) See 22 CFR 121.1 (USML),
Category XIV(f), for dissemination, detection and protection
``equipment'' that is subject to the ITAR. (5) See ECCN 0A919 for
foreign-made ``military commodities'' that incorporate more than a de
minimis amount of US-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. through d. [Reserved]
    e. ``Equipment'' ``specially designed'' for military use and for
the dissemination of any of the riot control agents controlled in ECCN
1C607.a.
    f. Protection ``equipment'' (including air conditioning units and
protective clothing):
    f.1. Not controlled by USML Category XIV(f); and
    f.2. ``Specially designed'' for military use and for defense
against:
    f.2.1. Materials specified by USML Category XIV (a) or (b); or
    f.2.2. Riot control agents controlled in 1C607.a.
    g. Decontamination ``equipment'':
    g.1. Not controlled by USML Category XIV(f); and
    g.2. ``Specially designed'' for military use and for
decontamination of objects contaminated with materials controlled by
USML Category XIV(a) or (b).
    h. ``Equipment'':
    h.1. Not controlled by USML Category XIV(f); and
    h.2. ``Specially designed'' for military use and for the detection
or identification of:
    h.2.1. Materials specified by USML Category XIV(a) or (b); or
    h.2.2. Riot control agents controlled by ECCN 1C607.a.
    i. [Reserved]
    j. ``Equipment'' ``specially designed'' to:
    j.1. Interface with a detector, shelter, vehicle, vessel, or
aircraft controlled by the USML or a ``600 series'' ECCN; and
    j.2. Collect and process samples of articles controlled in USML
Category XIV(a) or (b).
    k. Medical countermeasures that are ``specially designed'' for
military use (including pre- and post-treatments, antidotes, and
medical diagnostics) and ``specially designed'' to counter chemical
agents controlled by the USML Category XIV(a).

    Note: Examples of ``equipment'' controlled by this entry are
barrier and non-barrier creams and filled autoinjectors (e.g.,
combopens where one injector contains 2-PAM and the other atropine)
if ``specially designed'' to counter such agents.

    l. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and ``attachments''
that are ``specially designed'' for a commodity controlled by ECCN
1A607.e, .f, .g, or .j or for a defense article controlled by USML
Category XIV(f) and that are not enumerated or otherwise described
elsewhere in the USML.

    3. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins,'' add a new ECCN 1B607 between
ECCNs 1B234 and 1B608 to read as follows:

1B607 Military test, inspection, and production ``equipment'' and
related commodities ``specially designed'' for the ``development,''
``production,'' repair, overhaul, or refurbishing of commodities
identified in ECCN 1A607 or 1C607, or defense articles enumerated or
otherwise described in USML Category XIV (see List of Items
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

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

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) of
the EAR) may not be used for any item in 1B607.

List of Items Controlled

Related Controls: (1) See ECCN 2B350 for controls on certain
incinerators. (2) See ECCN 0A919 for foreign-made ``military
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. ``Equipment'' ``specially designed'' for the destruction of the
chemical agents controlled by USML Category XIV(a).

    Note to 1B607.a: ECCN 1B607.a includes controls over facilities
``specially designed'' for destruction operations. This paragraph .a
does not control incinerators and ``specially designed'' handling
facilities or ``specially designed'' waste supply systems therefor.

    b. Test facilities and ``equipment'' ``specially designed'' for
military certification, qualification, or testing of commodities
controlled by ECCN 1A607.e, .f, .g, or .j or by USML Category XIV(f),
except for XIV(f)(1).
    c. Tooling and ``equipment'' ``specially designed'' for the
``development,'' ``production,'' repair, overhaul, or refurbishing of
commodities controlled by ECCN 1A607.e, .f .g, or .j or USML Category
XIV(f).
    d. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and ``attachments''
that are ``specially designed'' for a commodity controlled by ECCN
1B607.b or .c, or for a defense article controlled by USML Category
XIV(f), and that are not enumerated or otherwise described elsewhere in
the USML.

0
4. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins,'' add a new ECCN 1C607 between ECCNs
1C395 and 1C608 to read as follows:

1C607 Tear Gases, Riot Control Agents and materials for the
detection and decontamination of chemical warfare agents (see List
of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry, except          NS Column 1.
 1C607.a.10, .a.11, .a.12, and .a.14.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

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

LVS: N/A
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 1C607.

List of Items Controlled

Related Controls: (1) See ECCN 1A984 for controls on other riot
control agents. (2) See 22 CFR 121.1 (USML), Category XIV(b), for
modified biological agents and biologically derived substances that
are subject to the ITAR. (3) See 22 CFR 121.1 (USML), Category
XIV(g), for ITAR controls on antibodies, recombinant protective
antigens, polynucleotides, biopolymers or biocatalysts (including
the expression vectors, viruses, plasmids, or cultures of specific
cells used to produce them) that are ``specially designed'' for use
with articles controlled under USML Category XIV(f). (4) See ECCN
0A919 for foreign-made ``military commodities'' that incorporate
more than a de minimis amount of US-origin ``600 series'' controlled
content.
Related Definitions: N/A
Items:
    a. Tear gases and riot control agents including:
    a.1. CA (Bromobenzyl cyanide) (CAS 5798-79-8);
    a.2. CS (o-Chlorobenzylidenemalononitrile or o-
Chlorobenzalmalononitrile) (CAS 2698-41-1);
    a.3. CN (Phenylacyl chloride or w-Chloroacetophenone) (CAS 532-
27-4);
    a.4. CR (Dibenz-(b,f)-1,4-oxazephine) (CAS 257-07-8);
    a.5. Adamsite (Diphenylamine chloroarsine or DM) (CAS 578-94-9);
    a.6. N-Nonanoylmorpholine, (MPA) (CAS 5299-64-9);
    a.7. Dibromodimethyl ether (CAS 4497-29-4);
    a.8. Dichlorodimethyl ether (ClCi) (CAS 542-88-1);
    a.9. Ethyldibromoarsine (CAS 683-43-2);
    a.10. Bromo acetone (CAS 598-31-2);
    a.11. Bromo methylethylketone (CAS 816-40-0);
    a.12. Iodo acetone (CAS 3019-04-3);
    a.13. Phenylcarbylamine chloride (CAS 622-44-6);
    a.14. Ethyl iodoacetate (CAS 623-48-3);

    Note to 1C607.a:
    ECCN 1C607.a. does not control formulations containing 1% or
less CN or CS or individually packaged tear gases or riot control
agents for personal self-defense purposes that are controlled by
ECCN 1A984, or to active constituent chemicals, and combinations
thereof, identified and packaged for food production or medical
purposes.

    b. ``Biopolymers,'' not controlled by USML Category XIV(g)
``specially designed'' or processed for the detection or
identification of chemical warfare agents specified by USML Category
XIV(a), and the cultures of specific cells used to produce them.
    c. ``Biocatalysts,'' and biological systems therefor, not
controlled by USML Category XIV(g) ``specially designed'' for the
decontamination or degradation of chemical warfare agents controlled
in USML Category XIV (a), as follows:
    c.1. ``Biocatalysts'' ``specially designed'' for the
decontamination or degradation of chemical warfare agents controlled
in USML Category XIV(a) resulting from directed laboratory selection
or genetic manipulation of biological systems;
    c.2. Biological systems containing the genetic information
specific to the production of ``biocatalysts'' specified by
1C607.c.1, as follows:
    c.2.a. ``Expression vectors;''
    c.2.b. Viruses; or
    c.2.c. Cultures of cells.

    Note to 1C607.b and .c: The cultures of cells and biological
systems are exclusive and these sub-items do not apply to cells or
biological systems for civil purposes, such as agricultural,
pharmaceutical, medical, veterinary, environmental, waste
management, or in the food industry.

    d. Chemical mixtures not controlled by USML Category XIV(f)
``specially designed'' for military use for the decontamination of
objects contaminated with materials specified by USML Category
XIV(a) or (b).

0
5. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins,'' add a new ECCN 1D607 between ECCNs
1D390 and 1D608 to read as follows:

1D607 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of items controlled by
1A607, 1B607 or 1C607 (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry, except          NS Column 1.
 ``software'' for 1C607.a.10, .a.11,
 .a.12, and .a.14.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 1D607.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles
enumerated or otherwise described in USML Category XIV is subject to
the ITAR (see 22 CFR 121.1, Category XIV(m)). ``Software''
controlled by USML Category XIV(m) includes ``software'' directly
related to any equipment containing reagents, algorithms,
coefficients, software, libraries, spectral databases, or alarm set
point levels developed under U.S. Department of Defense contract or
funding for the detection, identification, warning or monitoring of
items controlled in paragraphs (a) or (b) of USML Category XIV, or
for chemical or biological agents specified by U.S. Department of
Defense funding or contract. (2) See ECCN 0A919 for foreign-made
``military commodities'' that incorporate more than a de minimis
amount of US-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
    a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCN 1A607, 1B607, or 1C607.
    b. [RESERVED]

0
6. In Supplement No. 1 to part 774 (the Commerce Control List),
Category 1--Special Materials and Related Equipment, Chemicals,
``Microorganisms,'' and ``Toxins,'' add a new ECCN 1E607 between ECCNs
1E355 and 1E608 to read as follows:

1E607 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of items controlled by ECCN 1A607, 1B607,
1C607, or 1D607 (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry, except          NS Column 1.
 ``technology'' for 1C607.a.10, .a.11,
 .a.12, and .a.14 and for 1D607
 ``software'' therefor.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 1E607.

List of Items Controlled

Related Controls: Technical data directly related to defense
articles enumerated or otherwise described in USML Category XIV are
subject to the ITAR (see 22 CFR 121.1, Category XIV(m)). Technical
data controlled by USML Category XIV(m) include technical data
directly related to any equipment containing reagents, algorithms,
coefficients, software, libraries, spectral databases, or alarm set
point levels developed under U.S. Department of Defense contract or
funding for the detection, identification, warning or monitoring of
items controlled in paragraphs (a) or (b) of USML Category XIV, or
for chemical or biological agents specified by U.S. Department of
Defense funding or contract.
Related Definitions: N/A
Items:
    a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of items controlled by ECCN 1A607, 1B607,
1C607 or 1D607.

    Note to 1E607.a: ECCN 1E607.a includes ``technology''
``required'' exclusively for the incorporation of ``biocatalysts''
controlled by ECCN 1C607.c.1 into military carrier substances or
military material.

    b. [RESERVED]

0
7. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6--Sensors and Lasers,'' add a new ECCN 6B619 between ECCNs
6B108 and 6B995 to read as follows:

6B619 Test, inspection, and production ``equipment'' and related
commodities ``specially designed'' for the ``development,''
``production,'' repair, overhaul, or refurbishing of commodities
enumerated or otherwise described in USML Category XVIII (see List
of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

License Exceptions

LVS: $1,500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 6B619.

List of Items Controlled

Related Controls: ``Parts, ``components,'' ``accessories,''
``attachments,'' and associated systems or ``equipment'' ``specially
designed'' for defense articles enumerated or otherwise described in
paragraphs (a) or (b) of USML Category XVIII are subject to the ITAR
(see 22 CFR 121.1, Category XVIII(e)).
Related Definitions: N/A
Items:
    a. Tooling, templates, jigs, mandrels, molds, dies, fixtures,
alignment mechanisms, and test ``equipment'' not enumerated or
otherwise described in USML Category XVIII and not elsewhere
specified on the USML that are ``specially designed'' for the
``development,'' ``production,'' repair, overhaul, or refurbishing
of commodities controlled by USML Category XVIII.
    b. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control under paragraph .a of this ECCN and not enumerated or
otherwise described in USML Category XVIII and not elsewhere
specified on the USML.

0
8. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6--Sensors and Lasers,'' add a new ECCN 6D619 between ECCNs
6D201 and 6D991 to read as follows:

6D619 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation or maintenance of commodities controlled
by 6B619.

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

License Exceptions

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 6D619.

List of Items Controlled

Related Controls: ``Software'' directly related to articles
enumerated or otherwise described in USML Category XVIII is subject
to the ITAR (See 22 CFR 121.1, Category XVIII(f)).

Related Definitions: N/A
Items:

    The list of items controlled is contained in the ECCN heading.

0
9. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 6--Sensors and Lasers,'' add a new ECCN 6E619 between ECCNs
6E202 and 6E990 to read as follows:

6E619 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities controlled by 6B619 or
``software'' controlled by 6D619.

License Requirements

Reason for Control: NS, RS, AT, UN

                                              Country chart  (see Supp.
                Control(s)                       No. 1 to Part 738)

NS applies to entire entry................  NS Column 1.
RS applies to entire entry................  RS Column 1.
AT applies to entire entry................  AT Column 1.
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls.

License Exceptions

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)
of the EAR) may not be used for any item in 6E619.

List of Items Controlled

Related Controls: Technical data directly related to articles
enumerated or otherwise described in USML Category XVIII are subject
to the ITAR (See 22 CFR 121.1, Category XVIII(f)).
Related Definitions: N/A
Items:
    The list of items controlled is contained in the ECCN heading.

    Dated: June 9, 2015.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2015-14474 Filed 6-16-15; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register: June 30, 2010 (Volume 75, Number 125)]
[Proposed Rules]
[Page 37742-37744]
[DOCID:fr30jn10-18]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 742 and 774

[Docket No. 080724907-91435-01]
RIN 0694-AE44

Addition of New Export Control Classification Number 6A981
Passive Infrasound Sensors to the Commerce Control List of the Export
Administration Regulations, and Related Amendments

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Proposed rule, request for comments.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Industry and Security proposes to amend the
Export Administration Regulations (EAR) by adding Export Control
Classification Number (ECCN) 6A981 to the Commerce Control List (CCL)
to control passive infrasound sensors because of their military and
commercial utility. Items under this new ECCN will be controlled for
Regional Stability (RS) and Anti-Terrorism (AT) reasons. In addition,
BIS proposes to control technology and software for the development,
production, or use of these items for RS and AT reasons under revised
ECCNs 6D991 and 6E991, respectively.

DATES: Comments must be received by August 30, 2010.

ADDRESSES: You may submit comments, identified by RIN-AE44 by any of
the following methods:
    E-mail<EMAIL_ADDRESS>or via www.regulations.gov.
Include ``RIN-AE44'' in the subject line of the message.
    Fax:<PHONE_NUMBER>. Please alert the Regulatory Policy Division,
by calling<PHONE_NUMBER>, if you are faxing comments.
    Mail or Hand Deliver/Courier: Sharron Cook, U.S. Department of
Commerce, Bureau of Industry and Security, Regulatory Policy Division,
14th St. & Pennsylvania Ave., NW., Room 2705, Washington, DC 20230,
Attn: RIN-AE44.
    Send comments regarding the collection of information associated
with the rule, including suggestions for reducing the burden, to
Jasmeet Seehra, Office of Management and Budget (OMB), by e-mail to
<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>; and to the U.S.
Department of Commerce, Bureau of Industry and Security, Regulatory
Policy Division, 14th St. & Pennsylvania Ave., NW., Room 2705,
Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: James Thompson, Sensors and Aviation
Division, Bureau of Industry and Security, Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    The Bureau of Industry and Security proposes to amend the Export
Administration Regulations (EAR) by imposing new foreign policy export
and reexport controls on certain infrasound sensors (i.e., sensors
capable of detecting sound from 0.01 to 16 Hertz).
    Infrasound sensors are used by the oil exploration industry,
meteorologists, seismologists, and the military to detect natural or
man-made infrasound sources including earthquakes, volcanic eruptions,
rocket launch, and/or nuclear explosions.
    Passive infrasound sensors, which possess civil and military
utility, are not currently specified in the CCL, but similar sensors
are subject to the EAR. Today's passive infrasound sensors have updated
electronics, which increase their sensitivity and allow the detection
of additional infrasound sources. Because of the enhanced capabilities
of current sensors, these passive infrasound sensors have military and
commercial applications, and therefore should be controlled under the
EAR for regional stability (RS) and antiterrorism (AT) reasons.
    BIS proposes to amend the EAR, Supplement No. 1 to Part 774
(Commerce Control List), Category 6 (Sensors and Lasers) by adding
Export Control Classification Number (ECCN) 6A981. This new ECCN 6A981
would be controlled for RS and AT reasons and

would have the following control parameters; ``Sensors designed to
measure pressure whose 3 dB bandwidth intersects any part of the
infrasound band of 0.01-16 Hz and have a sensor band-limited root mean
squared (RMS) self-noise from 0.5-2Hz less than 0.15 milliPascals,
which is equivalent to an average of -77 dB (relative to 1 Pa[caret]2/
Hz) across the 0.5-2Hz band.''
    BIS proposes to require a license for the export and reexport of
these sensors to countries with an X in the box under RS Column 2 and
AT Column 1 on the Commerce Country Chart (See Supplement No. 1 to Part
738 of the EAR.) There may be license exceptions available for export
of these items under certain circumstances (License Exceptions GOV,
TMP, RPL, TSU, BAG, and APR).
    This rule also proposes to revise the headings of ECCNs 6E001 and
6E002 to make clear that ECCN 6A981 is excluded from the scope of these
entries. In addition, this rule proposes to revise the headings and
license requirements sections of ECCNs 6D991 and 6E991 in order to add
RS and AT controls for development, production or use technology and
software for equipment under ECCN 6A981.
    All other license requirements of the EAR that are applicable to a
transaction involving these sensors would also apply to items
controlled by new ECCN 6A981 (e.g., end-user and end-use based license
requirements set forth in Part 744 of the EAR).
    Since August 21, 2001, the Export Administration Act of 1979, as
amended, has been in lapse. However, the President, through Executive
Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which
has been extended by successive Presidential Notices, the most recent
being that of August 13, 2009 (74 FR 41325 (August 14, 2009)), has
continued the EAR in effect under the International Emergency Economic
Powers Act (50 U.S.C. 1701-1707).

Request for Public Comments

    BIS is requesting public comment on the possible impact of this
proposed rule. As these sensors are not currently described on the
Commerce Control List (CCL), it is difficult for BIS to determine how
many U.S. companies manufacture these sensors and would be impacted by
this new control. Therefore BIS is seeking specific information about
the impact of this proposed rule, as follows:
    1. Whether your company manufactures parts, software, or technology
that would be controlled if this rule was to be promulgated.
    2. What the end-use is for the sensors your company manufactures.
    3. What the typical end-uses are for these sensors, other than
those end-uses described in this proposed rule.
    4. Whether the parameters set forth in this rule are appropriate to
control sensors that could be used to detect rocket launch and/or
nuclear explosions, or whether the parameters are overly broad. If the
controls are overly broad, could the parameters be narrowed to capture
sensors that BIS is interested in controlling.
    5. Whether there is foreign availability for these sensors. If
foreign availability does exist, it would be helpful if your company
could provide BIS with the URLs referencing these sensors on foreign
Web sites or other foreign marketing material.

Rulemaking Requirements

    1. This proposed rule has been determined to be not significant for
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number. This rule
contains a collection of information subject to the requirements of the
PRA. This collection has previously been approved by OMB under Control
Number 0694-0088 (Multi-Purpose Application), which carries a burden
hour estimate of 58 minutes to prepare and submit form BIS-748. This
rule is not expected to result in any change for collection purposes.
Send comments regarding this burden estimate or any other aspect of
this collection of information, including suggestions for reducing the
burden, to Jasmeet Seehra, Office of Management and Budget (OMB), and
to the Regulatory Policy Division, Bureau of Industry and Security,
Department of Commerce, as indicated in the ADDRESSES section of this
rule.
    3. This rule does not contain policies with Federalism implications
as this term is defined under Executive Order 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C.
553) requiring notice of proposed rulemaking, the opportunity for
public participation, and a delay in effective date, are inapplicable
because this regulation involves a military and foreign affairs
function of the United States (5 U.S.C. 553(a)(1)). Further, no other
law requires that a notice of proposed rulemaking and an opportunity
for public comment be given for this proposed rule. Because a notice of
proposed rulemaking and an opportunity for public comment are not
required to be given for this rule under 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.

List of Subjects

15 CFR Part 742

    Exports, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, Parts 742 and 774 of the Export Administration
Regulations (15 CFR Parts 730-774) are proposed to be amended as
follows:

PART 742--[AMENDED]

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

    Authority: 50 U.S.C. app. 2401 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 of May 7, 2003, 68 FR 26459, May 16, 2003; Notice of August
13, 2009, 74 FR 41325 (August 14, 2009); Notice of November 6, 2009,
74 FR 58187 (November 10, 2009).

Sec.  742.6  [Amended]

    2. Section 742.6 is amended by revising paragraph (a)(4)(i) to read
as follows:

Sec.  742.6  Regional Stability.

    (a) * * *
    (4) RS Column 2 license requirements--(i) License Requirements
Applicable to Most RS Column 2 Items. As indicated in the CCL and in RS
Column 2 of the Commerce Country Chart (see Supplement No. 1 to part
738 of the EAR), a license is required to any destination except
Australia, Japan, New Zealand, and countries in the North Atlantic
Treaty Organization (NATO) for items described on the CCL under ECCNs
0A918, 0E918, 1A004.d, 1D003 (software to enable equipment to perform
the functions of equipment controlled by 1A004.d), 1E001 (technology
for the development, production, or use of 1A004.d), 2A983, 2A984,
2D983, 2D984, 2E983, 2E984,

6A981, 6D991 (only ``software'' for the ``production'',
``development'', or ``use'' of commodities in ECCN 6A981), 6E991 (only
for ``technology'' for the ``production, ``development'', or ``use'' of
commodities in ECCN 6A981), 8A918, and for military vehicles and
certain commodities (specially designed) used to manufacture military
equipment, described on the CCL in ECCNs 0A018.c, 1B018.a, 2B018,
9A018.a and .b, 9D018 (only software for the ``use'' of commodities in
ECCN 9A018.a and .b), and 9E018 (only technology for the
``development'', ``production'', or ``use'' of commodities in 9A018.a
and .b).
* * * * *

PART 774--[AMENDED]

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

    Authority:  50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.;
10 U.S.C. 7420; 10 U.S.C. 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et
seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42
U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5;
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; Notice of August 13, 2009, 74 FR 41325 (August 14, 2009).

Supplement No. 1 to Part 774--[Amended]

    4. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by adding Export Control Classification Number
(ECCN) 6A981 after ECCN 6A226 to read as follows:

Supplement No. 1 to Part 774--The Commerce Control List

* * * * *
6A981 Passive infrasound sensors, as follows (see List of Items
Controlled).

License Requirements

Reason for Control: RS, AT

------------------------------------------------------------------------
                  Control                           Country chart
------------------------------------------------------------------------
RS applies to entire entry................  RS Column 2.
AT applies to entire entry................  AT Column 1.
------------------------------------------------------------------------

License Exceptions

LVS: N/A
GBS: N/A
CIV: N/A

List of Items Controlled

Unit: Number
Related Controls: N/A
Related Definitions: N/A
Items:

    a. Sensors designed to measure pressure whose 3 dB bandwidth
intersects any part of the infrasound band of 0.01-16 Hz and have a
sensor band-limited root mean squared (RMS) self-noise from 0.5-2 Hz
less than 0.15 milliPascals, which is equivalent to an average of -77
dB (relative to 1 Pa[caret]2/Hz) across the 0.5-2 Hz band.
    b. [RESERVED]
* * * * *
    5. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading and the License
Requirements section of ECCN 6D991 to read as follows:

6D991 ``Software'' specially designed for the ``development'',
``production'', or ``use'' of equipment controlled by 6A002.e, 6A981,
6A991, 6A996, 6A997, or 6A998.

License Requirements

Reason for Control: RS, AT

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
RS applies to ``software'' for equipment    RS Column 1.
 controlled by 6A002.e or 6A998.b.
RS applies to ``software'' for equipment    RS Column 2.
 controlled by 6A981.
AT applies to entire entry, except          AT Column 1.
 ``software'' for equipment controlled by
 6A991.
AT applies to ``software'' for equipment    AT Column 2.
 controlled by 6A991.
------------------------------------------------------------------------

* * * * *
    6. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading of ECCN 6E001 to read as
follows:

6E001 ``Technology'' according to the General Technology Note for the
``development'' of equipment, materials or ``software'' controlled by
6A (except 6A981, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997, or 6A998),
6B (except 6B995), 6C (except 6C992 or 6C994), or 6D (except 6D991,
6D992, or 6D993).
* * * * *
    7. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading of ECCN 6E002 to read as
follows:

6E002 ``Technology'' according to the General Technology Note for the
``production'' of equipment or materials controlled by 6A (except
6A981, 6A991, 6A992, 6A994, 6A995, 6A996, 6A997 or 6A998), 6B (except
6B995) or 6C (except 6C992 or 6C994).
* * * * *
    8. In Supplement No. 1 to Part 774 (the Commerce Control List)
Category 6 is amended by revising the Heading and the License
Requirements section of ECCN 6E991 to read as follows:

6E991 ``Technology'' for the ``development'', ``production'' or ``use''
of equipment controlled by 6A981, 6A991, 6A996, 6A997, or 6A998.

License Requirements

Reason for Control: RS, AT

------------------------------------------------------------------------
                Control(s)                          Country chart
------------------------------------------------------------------------
RS applies to ``technology'' for equipment  RS Column 1.
 controlled by 6A998.b.
RS applies to ``technology'' for equipment  RS Column 2.
 controlled by 6A981..
AT applies to entire entry except           AT Column 1.
 ``technology'' for equipment controlled
 by 6A991.
AT applies to ``technology'' for equipment  AT Column 2.
 controlled by 6A991.
------------------------------------------------------------------------

* * * * *

    Dated: June 25, 2010.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2010-15928 Filed 6-29-10; 8:45 am]
BILLING CODE 3510-33-P