[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]
[Page 77873-77874]
[DOCID:fr19de08-199]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2008-0185; Notice 1]

China Manufacturers Alliance, LLC, Receipt of Petition for
Decision of Inconsequential Noncompliance

    China Manufacturers Alliance, LLC (CMA), as importer of record for
Dynacargo brand truck and bus radial tires manufactured by Shandong
Jinyu Tyre Company Limited (Jinyu) has determined that certain tires
manufactured during the period May 2007 through June 2008 do not fully
comply with paragraph S6.5(d) of 49 CFR 571.119 (Federal Motor Vehicle
Safety Standard (FMVSS) No. 119 New Pneumatic Tires for Motor Vehicles
With a GVWR of More than 4,536 Kilograms (10,000 pounds) and
Motorcycles. The affected tires were imported by CMA and sold to
American Tire Distributors (ATD). CMA has filed an appropriate report
pursuant to 49 CFR Part 573, Defect and Noncompliance Responsibility
and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) (see implementing rule
at 49 CFR part 556), CMA has petitioned for an exemption from the
notification and remedy requirements of 49 U.S.C. Chapter 301 on the
basis that this noncompliance is inconsequential to motor vehicle
safety.
    This notice of receipt of CMA's petition is published under 49
U.S.C. 30118 and 30120 and does not represent any agency decision or
other exercise of judgment concerning the merits of the petition.
    Affected are approximately 2,537 size 235/75R17.5/16 Dynacargo
brand load range H truck and bus tires manufactured during the period
May 2007 through June 2008 with DOT date codes in the range 1407
through 2608. 1,153 \1\ of these tires are currently under

the control of ATD and 1,384 have been sold to consumers.
---------------------------------------------------------------------------

    \1\ CMA's petition, which was filed under 49 CFR Part 556,
requests an agency decision to exempt CMA as importer from the
notification and recall responsibilities of 49 CFR Part 573 for all
2,537 of the affected tires. However, the agency cannot relieve ATD
as distributer of the prohibitions on the sale, offer for sale, or
introduction or delivery for introduction into interstate commerce
of the noncompliant tires currently under its control. Those tires
must be brought into conformance, exported, or destroyed.
---------------------------------------------------------------------------

    Paragraph S6.5(d) of 49 CFR 571.119 requires in pertinent part:

    S6.5 Tire markings. Except as specified in this paragraph, each
tire shall be marked on each sidewall with the information specified
in paragraphs (a) through (j) of this section. The markings shall be
placed between the maximum section width (exclusive of sidewall
decorations or curb ribs) and the bead on at least one sidewall,
unless the maximum section width of the tire is located in an area
which is not more than one-fourth of the distance from the bead to
the shoulder of the tire. If the maximum section width falls within
that area, the markings shall appear between the bead and a point
one-half the distance from the bead to the shoulder of the tire, on
at least one sidewall. The markings shall be in letters and numerals
not less than 2 mm (0.078 inch) high and raised above or sunk below
the tire surface not less that 0.4 mm (0.015 inch), except that the
marking depth shall be not less than 0.25mm (0.010 inch) in the case
of motorcycle tires. The tire identification and the DOT symbol
labeling shall comply with part 574 of this chapter. Markings may
appear on only one sidewall and the entire sidewall area may be used
in the case of motorcycle tires and recreational, boat, baggage, and
special trailer tires* * *
    (d) The maximum load rating and corresponding inflation pressure
of the tire, shown as follows:
    (Mark on tires rated for single and dual load): Max load single
---- kg (---- lb) at ---- kPa (---- psi) cold. Max load dual ---- kg
(---- lb) at ---- kPa (---- psi) cold.
    (Mark on tires rated only for single load): Max load ---- kg (--
lb) at ---- kPa (---- psi) cold.

    CMA explained that the subject tires are marketed with the correct
maximum load rating and corresponding inflation pressure in both
English and Metric units. The affected tires have English units on one
sidewall and Metric units on the other sidewall. The noncompliance
being that both English and Metric units do not both appear on each
sidewall.
    CMA stated that it believes the noncompliance is inconsequential to
motor vehicle safety because correct maximum load rating and
corresponding inflation pressure information is marked on each tire in
both English and Metric units. Therefore, that information is readily
available to anyone who uses the tires.
    CMA requested that NHTSA consider its petition and grant an
exemption from the recall requirements of the National Traffic and
Motor Vehicle Safety Act on the basis that the noncompliance described
above is inconsequential as it relates to motor vehicle safety.
    NHTSA notes that the statutory provisions (49 U.S.C. 30118(d) and
30120(h)) that permit manufacturers to file petitions for a
determination of inconsequentiality allow NHTSA to exempt manufacturers
only from the duties found in sections 30118 and 30120, respectively,
to notify owners, purchasers, and dealers of a defect or noncompliance
and to remedy the defect or noncompliance.
    Interested persons are invited to submit written data, views, and
arguments on this petition. Comments must refer to the docket and
notice number cited at the beginning of this notice and be submitted by
any of the following methods:
    a. By mail addressed to: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
    b. By hand delivery to U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590. The Docket Section is open on
weekdays from 10 a.m. to 5 p.m. except Federal Holidays.
    c. Electronically: By logging onto the Federal Docket Management
System (FDMS) Web site at http://www.regulations.gov/. Follow the
online instructions for submitting comments. Comments may also be faxed
to 1-202-493-2251.
    Comments must be written in the English language, and be no greater
than 15 pages in length, although there is no limit to the length of
necessary attachments to the comments. If comments are submitted in
hard copy form, please ensure that two copies are provided. If you wish
to receive confirmation that your comments were received, please
enclose a stamped, self-addressed postcard with the comments. Note that
all comments received will be posted without change to http://
www.regulations.gov, including any personal information provided.
    Documents submitted to a docket may be viewed by anyone at the
address and times given above. The documents may also be viewed on the
Internet at http://www.regulations.gov by following the online
instructions for accessing the dockets. DOT's complete Privacy Act
Statement is available for review in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    The petition, supporting materials, and all comments received
before the close of business on the closing date indicated below will
be filed and will be considered. All comments and supporting materials
received after the closing date will also be filed and will be
considered to the extent possible. When the petition is granted or
denied, notice of the decision will be published in the Federal
Register pursuant to the authority indicated below.
    Comment closing date: January 20, 2009.

    Authority: 49 U.S.C. 30118, 30120: delegations of authority at
CFR 1.50 and 501.8.

    Issued on: December 15, 2008.
Claude H. Harris,
Director, Office of Vehicle Safety Compliance.
 [FR Doc. E8-30136 Filed 12-18-08; 8:45 am]

BILLING CODE 4910-59-P


[Federal Register: October 1, 2010 (Volume 75, Number 190)]
[Notices]
[Page 60859-60860]
[DOCID:fr01oc10-124]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

Petition for Waiver of Compliance

    In accordance with part 211 of Title 49 Code of Federal Regulations
(CFR), notice is hereby given that the Federal Railroad Administration
(FRA) has received a request for a waiver of compliance from certain
requirements of its safety standards. The individual petition is
described below, including the party seeking relief, the regulatory
provisions involved, the nature of the relief being requested, and the
petitioner's arguments in favor of relief.

Orange Empire Railway Museum

[Waiver Petition Docket Number FRA-2010-0123]

    The Orange Empire Railway Museum (OERM) seeks a waiver of
compliance from certain provisions of 49 CFR part 232, Brake System
Safety Standards for Freight and Other Non-Passenger Trains and
Equipment. Specifically, OERM seeks a waiver from the requirements of
Appendix B to 49 CFR part 232 for passenger car maintenance
requirements. See also 49 CFR 232.17(b)(2).
    OERM is a non-profit corporation that operates a historical and
excursion train known as the Southern California Railway Museum, Inc.
on its own tracks as a Non-insular Tourist Railway. Occasionally, OERM
operates off of its line and onto the San Jacinto Industrial Spur for
approximately \1/4\ mile in order to reach the Historic Perris Depot.
As the San Jacinto Industrial Spur is part of the general system of
transportation, compliance with part 232 is required. Because of the
expense, mileage, low speed operation, and frequency of use of the four
passenger cars for which relief is requested, OERM is requesting a 5-
year waiver and increased time cycle for the servicing of the brake
valves attached to these passenger cars.
    Interested parties are invited to participate in these proceedings
by submitting written views, data, or comments. FRA does not anticipate
scheduling a public hearing in connection with these proceedings since
the facts do not appear to warrant a hearing. If any interested party
desires an opportunity for oral comment, they should notify FRA, in
writing, before the end of the comment period and specify the basis for
their request.
    All communications concerning these proceedings should identify the
appropriate docket number (e.g., Waiver Petition Docket Number FRA-
2010-0123) and may be submitted by any of the following methods:
     Web site: http://www.regulations.gov. Follow the online
instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Operations Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., W12-140, Washington, DC
20590.
     Hand Delivery: 1200 New Jersey Avenue, SE., Room W12-140,
Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
    Communications received within 45 days of the date of this notice
will be considered by FRA before final action is taken. Comments
received after that

date will be considered as far as practicable. All written
communications concerning these proceedings are available for
examination during regular business hours (9 a.m.-5 p.m.) at the above
facility. All documents in the public docket are also available for
inspection and copying on the Internet at the docket facility's Web
site at http://www.regulations.gov.
    Anyone is able to search the electronic form of any written
communications and comments received into any of our dockets by the
name of the individual submitting the document (or signing the
document, if submitted on behalf of an association, business, labor
union, etc.). You may review DOT's complete Privacy Act Statement in
the Federal Register published on April 11, 2000 (Volume 65, Number 70;
Page 19477) or at http://www.dot.gov/privacy.html.

    Issued in Washington, DC, on September 27, 2010.
Robert C. Lauby,
Deputy Associate Administrator for Regulatory and Legislative
Operations.
[FR Doc. 2010-24703 Filed 9-30-10; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 82, Number 247 (Wednesday, December 27, 2017)]
[Rules and Regulations]
[Pages 61153-61162]
[FR Doc No: 2017-27616]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 734, 738, 740, 746, and 774

[170207157-7157-01]
RIN 0694-AH31

Revisions, Clarifications, and Technical Corrections to the
Export Administration Regulations

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule; correcting amendments.

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SUMMARY: In this final rule, the Bureau of Industry and Security
corrects certain provisions in the Export Administration Regulations
(EAR) to provide accurate references and fix typographical errors, and
amend several Export Control Classification Numbers (ECCNs) to enhance
consistency with the other ECCNs on the Commerce Control List (CCL).
The corrections are editorial in nature and do not affect license
requirements.

DATES: This rule is effective December 27, 2017.

FOR FURTHER INFORMATION CONTACT: Ivan Mogensen, Office of Exporter
Services, Bureau of Industry and Security, by telephone:<PHONE_NUMBER>
or email: [email protected].

SUPPLEMENTARY INFORMATION:

Overview

    This final rule updates six parts of the EAR to correct
typographical errors, clarify inaccurate or unclear internal
references, and correct inconsistencies in certain entries on the
Commerce Control List (CCL).

Part 732

    Section 732.4(b) discusses steps to be taken when reviewing license
exceptions for exports and reexports. In Sec.  732.4(b)(7)(ii), there
is a reference to Sec.  740.20(g) listing ECCNs that may be eligible
for subsequent export or reexport under license exception STA,
following submission of a license application. However, only ECCN
9A610.a is listed in Sec.  732.4(b)(7)(ii), while ECCNs 0A606.a,
8A609.a, 8A620.a, 8A620.b, ``spacecraft'' in ECCN subparagraphs
9A515.a.1, a.2, a.3, a.4, 9A515.g, and 9E515.b, .d, .e, and .f (which
also now appear in Sec.  740.20(g)), are inadvertently omitted. This
correction adds the omitted items listed in Sec.  740.20(g) to Sec.
732.4(b)(7)(ii). Additionally, because these items include both
commodities and technology, the term ``aircraft'' in the reference to
9A610.a is replaced with ``item.''
    This rule also clarifies and corrects the Export Control Decision
Tree diagram in supplement No. 1 to part 732 that was last revised in a
final rule published February 6, 2004 (69 FR 5686 (Feb. 6, 2004)).
Several of the decision ``blocks'' in the flowchart contain references
that are unclear or incorrect. This rule provides clarity by changing
references to the general prohibitions to citations of specific
sections of the EAR, and correcting improper citations to ensure that
the citations contained in all decision blocks coincide with the
appropriate sections of the EAR. Specifically, the changes are as
follows: In the block which begins ``Is your item classified under an
ECCN on the CCL,'' a direct citation to Sec.  736.2(b)(1) through (3)
replaces a reference to General Prohibitions 1 through 3, which did not
inform the reader where the prohibitions could be found in the EAR; in
the block which begins ``Is there an `X' in the box,'' the EAR
citations now directly follow references to the Commerce Country Chart
and the CCL, respectively; and, in the block which begins ``Use License
Exception,'' the citation to Sec.  740.1, which is an introduction, is
replaced with a reference to the whole of part 740. Additionally,
several grammatical errors are addressed, and the section symbol
(``Sec.  '') is added wherever a section of the EAR is referenced in
the decision blocks for clarity. Finally, this final rule changes the
supplement's name from ``Decision Tree'' to ``Export Control Decision
Tree'' to match the title of the diagram, and the duplicative
parenthetical in the graphic title reading ``(Supp. No. 1 to Part
732)'' is deleted.

Part 734

    Section 734.18 was created in the rule Revisions to Definitions in
the Export Administration Regulations (81 FR 35586 (June 3, 2016)) and
discusses activities that are not exports, reexports, or transfers. The
note following the end of Sec.  734.18(a)(5)(iv) discusses data in
transit via the internet, but the note is incorrectly described as the
note to paragraph (a)(4)(iv). This rule changes the note to refer to
Sec.  734.18(a)(5)(iv).

Part 738

    In Sec.  738.2(d)(1), Composition of an entry, there is a
description of the meaning attached to each alphanumeric character
making up an Export Control Classification Number. This paragraph
currently explains that the second ``digit'' in an ECCN indicates the
``Reason for Control.'' However, in paragraph (d)(1)(i) of this
section, the paragraph refers to the Reason for Control as the third
``digit.'' This final rule amends Sec.  738.2(d)(1)(i) to replace the
word ``digit'' with ``alphanumeric character'' in order to maintain
consistency and prevent confusion.
    Additionally, in Sec.  738.2, this final rule makes a correction in
Sec.  738.2(d)(2)(iv)(C)(2). The text of this paragraph uses ECCN 2B992
as an example when providing an overview of how to read an ECCN heading
on the Commerce Control List (CCL). However, in the latter part of the
section, the text erroneously references ECCN 2B999 instead of 2B992.
This rule replaces the reference to ECCN 2B999 with 2B992 in this
section to correct the ECCN reference.

Part 740

    Section 740.20(g)(1) lists 9x515 and ``600 series'' ECCNs that are
eligible for license exception Strategic Trade Authorization. This
includes ECCNs 9A515.a.1, .a.2, .a.3, .a.4, and .g, 9A610.a, and
technology ECCNs 9E515.b, .d, .e, and .f. In the final rule Revisions
to the Export Administration Regulations (EAR): Control of Spacecraft
Systems and Related Items the President Determines No Longer Warrant
Control under the United States Munitions List (USML) (82 FR 2875 (Jan.
10, 2017)), the phrase ``that provide space-based logistics, assembly
or servicing of any spacecraft (e.g., refueling)'' following the list
of ECCN

9A515 items paragraphs was intended to be removed since it is only
applicable to 9A515.a.4 and not to the other ECCNs. Since the phrase
was not removed, this rule removes the phrase to prevent confusion by
users.

Part 746

    This rule amends Sec.  746.9(a) by removing an outdated reference
to Sec.  734.2(b) for the definitions of ``deemed export'' and ``deemed
reexport,'' as that section is currently reserved, and replacing it
with references to Sec. Sec.  734.13(b) and 734.14(b), because the
relevant definitions for deemed ``export'' and deemed ``reexport'' has
been found in those two sections of the EAR since the publication of
the final rule Revisions to Definitions in the Export Administration
Regulations (81 FR 35586). Additionally, consistent with the guidance
in Sec.  774.1(d), the double quotes around deemed export and deemed
reexport in Sec.  746.9 are removed as these terms do not appear in
Sec.  772.1.

Part 774

    This rule makes corrections to six ECCNs in supplement No. 1 to
part 774, ``Commerce Control List,'' by correcting misspellings and
creating conforming changes. The corrections are as follows:
    ECCNs 0A606, 8A609, and 9A610: This final rule amends these ECCNs
to correct the title of Sec.  740.20(g) that is referenced in paragraph
(1) in the Special Conditions for STA section of the ECCN entries.
Currently, these sections refer to Sec.  740.20(g) as License Exception
STA eligibility requests for ``600 series'' end items, when the current
title for this section is License Exception STA eligibility requests
for 9x515 and ``600 series'' items. The title of Sec.  740.20(g) was
changed in the rule Revisions to the Export Administration Regulations
(EAR): Control of Spacecraft Systems and Related Items the President
Determines No Longer Warrant Control Under the United States Munitions
List (USML); (79 FR 27417 (May 13, 2014)), but the change was not made
to the corresponding ECCNs. This rule amends the title reference in
these ECCNs to match the current title of Sec.  740.20(g).
    ECCNs 0D606.a and 0E606.a: This final rule amends ECCN
subparagraphs 0D606.a and 0E606.a to include references to ECCNs 0B606
and 0C606. The headings of both 0D606 and 0E606 refer to 0B606 and
0C606 but these references do not appear in Items paragraph .a of the
List of Items Controlled section. This inconsistency has generated
confusion as to whether 0D606.a software ``specially designed'' for the
``development,'' ``production,'' operation or maintenance of the items
controlled under ECCNs 0B606 and 0C606 or 0E606.a technology required
for the ``development,'' ``production,'' operation or maintenance of
the items controlled under ECCNs 0B606 and 0C606 is controlled or not.
This edit removes this confusion by clarifying that such software is
controlled under ECCN 0D606.a and such technology is controlled under
ECCN 0E606.a.
    ECCN 2B352: This final rule corrects ECCN 2B352 by revising, in the
List of Items Controlled section, Items paragraphs g.1, i.1, i.2 and
i.3 and the Technical Notes at the end of the Items paragraphs. The
corrections are as follows: The word ``dependant'' is replaced with the
American spelling of the word ``dependent'' in Items paragraph g.1;
double quotes are added around the term ``aircraft'' in Items
paragraphs i.1 and i.2, and in Technical Notes 1 and 3 because
``aircraft'' is a defined term in the EAR; double quotes are added
around the term ``laser'' in Technical Notes 3.a and .b for the same
reason; double quotes are replaced with single quotes around the term
`VMD' in Items paragraphs i.1 and i.2 and the term is clarified in
Technical Note 3; single quotes are added to the term `aerosol
generating units' in Items paragraphs i.2 and i.3 and Technical Note 1.
    ECCN 8A609: This final rule revises Related Control paragraph (3)
under the List of Items Controlled section in ECCN 8A609 to add a
reference to Category VI of the International Traffic in Arms
Regulations (ITAR). This is done to indicate that certain diesel
engines and electric motors for both EAR surface vessels of war and
ITAR surface vessels of war are controlled under ECCN 8A992.g.
Additionally, double quotes are added around the term ``subject to the
EAR'' because it is a defined term in the EAR.

Export Administration Act

    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., 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 15, 2017, 82 FR
39005 (August 16, 2017) has continued the EAR in effect under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.).
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, distributive 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 does not impose any regulatory burden on the
public and is consistent with the goals of Executive Order 13563. This
rule has been designated not significant for purposes of Executive
Order 12866. This rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
    2. This final rule does not contain information collections subject
to the requirements of the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.) (PRA). 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 Office of Management and Budget (OMB) Control Number.
    3. This rule does not contain policies with Federalism implications
as that term is defined in Executive Order 13132.
    4. The Department of Commerce finds that there is good cause under
5 U.S.C. 553(b)(B) to waive the provisions of the Administrative
Procedure Act otherwise requiring prior notice and the opportunity for
public comment because they are unnecessary. The revisions made by this
rule are administrative in nature and do not affect the privileges and
obligations of the public. Additionally, it is important that the edits
and clarifications are added as soon as possible to prevent improper
interpretation of the EAR. The Department also finds that there is good
cause under 5 U.S.C. 553(b)(A) to waive the provisions of the
Administrative Procedure Act requiring notice and comment because these
changes are limited to providing guidance on existing interpretations
of current EAR provisions. Because these revisions are not substantive
changes to the EAR, the

30-day delay in effectiveness otherwise required by 5 U.S.C. 553(d) is
not applicable. No other law requires that a notice of proposed
rulemaking and opportunity for public comment be given for this rule.
The analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601 et seq.) are not applicable because no general notice of proposed
rulemaking was required for this rule by 5 U.S.C. 553, or by any other
law. Accordingly, no regulatory flexibility analysis is required and
none has been prepared.

List of Subjects

15 CFR Part 732

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements

15 CFR Part 734

    Administrative practice and procedure, Exports, Inventions and
patents, Research, Science and technology

15 CFR Part 738

    Exports

 15 CFR Part 740

    Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.

15 CFR Parts 746 and 774

    Exports, Reporting and recordkeeping requirements.

    Accordingly, parts 732, 734, 738, 740, 746, and 774 of the Export
Administration Regulations (15 CFR parts 730 through 774) are amended
as follows:

PART 732--[AMENDED]

0
1. The authority citation for 15 CFR part 732 continues to read as
follows:

    Authority:  50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 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; Notice of August 15, 2017, 82 FR
39005 (August 16, 2017).

0
2. Section 732.4 is amended by revising paragraph (b)(7)(ii) to read as
follows:

Sec.  732.4  Steps regarding License Exceptions.

* * * * *
    (b) * * *
    (7) * * *
    (ii) If you are going to file a license application with BIS for
the export, reexport, or in-country transfer for aircraft or military
vessels controlled under ECCNs 0A606.a, 8A609.a, 8A620.a, 8A620.b,
certain ``spacecraft'' controlled under ECCN subparagraphs 9A515.a.1,
a.2, a.3, a.4 or 9A515.g, ECCN 9A610.a, or technology under ECCNs
9E515.b, .d, .e, or .f, Sec.  740.20(g) permits you to request in the
application that subsequent exports of the type of aircraft,
spacecraft, military vessels, or technology at issue be eligible for
export under License Exception STA. The types of ``items'' controlled
under ECCNs 0A606.a, 8A609.a, 8A620.a, 8A620.b, certain spacecraft
controlled under ECCN subparagraphs 9A515.a.1, a.2, a.3, a.4 or
9A515.g, ECCN 9A610.a, and technology ECCNs 9E515.b, .d, .e, or .f,
that have been determined to be eligible for License Exception STA
pursuant to Sec.  740.20(g) are identified in the License Exceptions
paragraphs of ECCNs 0A606, 8A609, 8A620, 9A610, 9A515, and 9E515.
Supplement No. 2 to part 748, paragraph (w) (License Exception STA
eligibility requests), contains the instructions for such applications.

    Note 1 to paragraph (b)(7)(ii):  If you intend to use License
Exception STA, return to paragraphs (a) and then (b) of this section
to review the Steps regarding the use of license exceptions.

* * * * *

0
3. Supplement No. 1 to part 732 is revised to read as follows:
BILLING CODE 3510-33-P

[GRAPHIC] [TIFF OMITTED] TR27DE17.004

BILLING CODE 3510-33-C

PART 734--[AMENDED]

0
4. The authority citation for 15 CFR part 734 continues to read as
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; E.O.
12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 FR
54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp., p. 223; Notice of
November 8, 2016, 81 FR 79379 (November 10, 2016); Notice of August
15, 2017, 82 FR 39005 (August 16, 2017).

Sec.  734.18  [Amended]

0
5. Section 734.18 is amended by redesignating the note to paragraph
(a)(4)(iv) as note 1 to paragraph (a)(5)(iv).

PART 738--[AMENDED]

0
6. The authority citation for 15 CFR part 738 continues to read as
follows:

    Authority:  50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 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; Notice of August 15, 2017, 82 FR 39005 (August
16, 2017).

0
7. Section 738.2 is amended by revising paragraphs (d)(1)(i) and
(d)(2)(iv)(C)(2) to read as follows:

Sec.  738.2   Commerce Control List (CCL) structure.

* * * * *
    (d) * * *
    (1) * * *
    (i) Since Reasons for Control are not mutually exclusive, numbers
are assigned in order of precedence. As an

example, if an item is controlled for both National Security and
Missile Technology reasons, the entry's third alphanumeric character
will be a ``0''. If the item is controlled only for Missile Technology
the third alphanumeric character will be ``1''.
    (2) * * *
    (iv) * * *
    (C) * * *
    (2) ``(See List of Items Controlled)'' is in the middle of the ECCN
heading. If the phrase ``(see List of Items Controlled)'' appears in
the middle of the ECCN heading, then all portions of the heading that
follow the phrase ``(see List of Items Controlled)'' will list items
controlled in addition to the list in the ``items'' paragraph. An
example of such a heading is ECCN 2B992 Non-``numerically controlled''
machine tools for generating optical quality surfaces, (see List of
Items Controlled) and ``specially designed'' ``parts'' and
``components'' therefor. Under the ECCN 2B992 example, the ``items''
paragraph must be reviewed to determine whether your item is contained
within the first part of the heading (``non-`numerically controlled'
machine tools for generating optical quality surfaces'') and classified
under 2B992. The second part of the ECCN 2B992 heading (``and
`specially designed' `parts' and `components' therefor'') contains the
exclusive list described in the heading. ECCNs 1A006, 3B992, 4A001,
6A006 and 7A001 are other examples where the phrase ``(see List of
Items Controlled)'' appears in the middle of the ECCN heading.
* * * * *

PART 740--[AMENDED]

0
8. The authority citation for 15 CFR part 740 continues to read as
follows:

    Authority: 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; Notice of
August 15, 2017, 82 FR 39005 (August 16, 2017).

0
9. Section 740.20 is amended by revising paragraph (g)(1) to read as
follows:

Sec.  740.20  License Exception Strategic Trade Authorization (STA).

* * * * *
    (g) * * *
    (1) Applicability. Any person may request License Exception STA
eligibility for end items described in ECCN 0A606.a, ECCN 8A609.a,
ECCNs 8A620.a or .b, ``spacecraft'' in ECCNs 9A515.a.1, .a.2, .a.3,
.a.4, or .g, 9A610.a, or technology ECCNs 9E515.b, .d, .e, or .f.
* * * * *

PART 746--[AMENDED]

0
10. The authority citation for 15 CFR part 746 is revised to read as
follows:

    Authority: 50 U.S.C. 4601 et seq.; 50 U.S.C. 1701 et seq.; 22
U.S.C. 287c; Sec 1503, Pub. L. 108-11, 117 Stat. 559; 22 U.S.C.
6004; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR
36587, 3 CFR, 1993 Comp., p. 614; E.O. 12918, 59 FR 28205, 3 CFR,
1994 Comp., p. 899; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; E.O. 13338, 69 FR 26751, 3 CFR, 2004 Comp., p 168; Presidential
Determination 2003-23, 68 FR 26459, 3 CFR, 2004 Comp., p. 320;
Presidential Determination 2007-7, 72 FR 1899, 3 CFR, 2006 Comp., p.
325; Notice of August 15, 2017, 82 FR 39005 (August 16, 2017);
Notice of May 9, 2017, 82 FR 21909 (May 10, 2017).

0
9. Section 746.9 is amended by revising paragraph (a) to read as
follows:

Sec.  746.9  Syria.

* * * * *
    (a) License requirements. A license is required for the export or
reexport to Syria of all items subject to the EAR, except food and
medicine classified as EAR99 (food and medicine are defined in part 772
of the EAR). A license is required for the deemed export and deemed
reexport, as described in Sec. Sec.  734.13(b) and 734.14(b) of the
EAR, respectively, of any technology or source code on the Commerce
Control List (CCL) to a Syrian foreign national. Deemed exports and
deemed reexports to Syrian foreign nationals involving technology or
source code subject to the EAR but not listed on the CCL do not require
a license.
* * * * *

PART 774--[AMENDED]

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

    Authority: 50 U.S.C. 4601 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; 42 U.S.C. 2139a; 15 U.S.C. 1824a; 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; Notice of August 15, 2017, 82 FR 39005 (August
16, 2017).

0
12. In supplement No. 1 to part 774, Category 0, ECCN 0A606 is revised
to read as follows:

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

* * * * *

0A606 Ground vehicles and related commodities, as follows (see List of
Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry, except 0A606.b  NS Column 1
 and .y.
NS applies to 0A606.b.....................  NS Column 2
RS applies to entire entry, except 0A606.b  RS Column 1
 and .y.
RS applies to 0A606.b.....................  RS Column 2
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0A606.y  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: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 0A606.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec.  740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items). (2) Paragraph (c)(2)
of License Exception STA (Sec.  740.20(c)(2) of the EAR) may not be
used for any item in 0A606.

List of Items Controlled

Related Controls: (1) The ground vehicles, other articles, technical
data (including software) and services described in 22 CFR part 121,
Category VII are subject to the jurisdiction of the International
Traffic in Arms Regulations. (2) See ECCN 0A919 for foreign-made
``military commodities'' that incorporate more than a de minimis
amount of U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items: a. Ground vehicles, whether manned or unmanned, ``specially
designed'' for a military use and not enumerated or otherwise
described in USML Category VII.

    Note 1 to paragraph .a: For purposes of paragraph .a, ``ground
vehicles'' include (i) tanks and armored vehicles manufactured prior
to 1956 that have not been modified since 1955 and that do not
contain a functional weapon or a weapon capable of becoming
functional through repair; (ii) military railway trains except those
that are armed or are ``specially designed'' to launch missiles;
(iii) unarmored military recovery and other support vehicles; (iv)
unarmored, unarmed vehicles with mounts or hard points for firearms
of .50 caliber or less; and (v) trailers ``specially designed'' for
use with other ground vehicles enumerated in USML Category VII or
ECCN 0A606.a, and not

separately enumerated or otherwise described in USML Category VII.
For purposes of this note, the term ``modified'' does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint or repositioning of bolt holes) or addition
of ``parts'' or ``components'' available prior to 1956.

    Note 2 to paragraph .a: A ground vehicle's being ``specially
designed'' for military use for purposes of determining controls
under paragraph .a. entails a structural, electrical or mechanical
feature involving one or more ``components'' that are ``specially
designed'' for military use. Such ``components'' include:
    a. Pneumatic tire casings of a kind ``specially designed'' to be
bullet-proof;
    b. Armored protection of vital ``parts'' (e.g., fuel tanks or
vehicle cabs);
    c. Special reinforcements or mountings for weapons;
    d. Black-out lighting.

    b. Other ground vehicles, ``parts'' and ``components,'' as
follows:
    b.1. Unarmed vehicles that are derived from civilian vehicles
and that have all of the following:
    b.1.a. Manufactured or fitted with materials or ``components''
other than reactive or electromagnetic armor to provide ballistic
protection to level III (National Institute of Justice standard
0108.01, September 1985) or better;
    b.1.b. A transmission to provide drive to both front and rear
wheels simultaneously, including those vehicles having additional
wheels for load bearing purposes whether driven or not;
    b.1.c. Gross vehicle weight rating (GVWR) greater than 4,500 kg;
and
    b.1.d. Designed or modified for off-road use.
    b.2. ``Parts'' and ``components'' having all of the following:
    b.2.a. ``Specially designed'' for vehicles specified in
paragraph .b.1 of this entry; and
    b.2.b. Providing ballistic protection to level III (National
Institute of Justice standard 0108.01, September 1985) or better.

    Note 1 to paragraph b: Ground vehicles otherwise controlled by
0A606.b.1 that contain reactive or electromagnetic armor are subject
to the controls of USML Category VII.

    Note 2 to paragraph b: ECCN 0A606.b.1 does not control civilian
vehicles ``specially designed'' for transporting money or valuables.

    Note 3 to paragraph b: ``Unarmed'' means not having installed
weapons, installed mountings for weapons, or special reinforcements
for mounts for weapons.

    c. Air-cooled diesel engines and engine blocks for armored
vehicles that weigh more than 40 tons.
    d. Fully automatic continuously variable transmissions for
tracked combat vehicles.
    e. Deep water fording kits ``specially designed'' for ground
vehicles controlled by ECCN 0A606.a or USML Category VII.
    f. Self-launching bridge ``components'' not enumerated in USML
Category VII(g) ``specially designed'' for deployment by ground
vehicles enumerated in USML Category VII or this ECCN.
    g. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 0A606 (other than 0A606.b
or 0A606.y) or a defense article enumerated in USML Category VII and
not elsewhere specified on the USML or in 0A606.y.

    Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacture where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 0A606.x are controlled by ECCN
0A606.x.

    Note 2: ``Parts,'' ``components,'' ``accessories'' and
``attachments'' enumerated in USML paragraph VII(g) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories'' and ``attachments'' described in ECCN 0A606.y are
subject to the controls of that paragraph.

    y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity enumerated or
otherwise described in this ECCN (other than ECCN 0A606.b) or for a
defense article in USML Category VII and not elsewhere specified on
the USML or the CCL, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
    y.1. Brake discs, rotors, drums, calipers, cylinders, pads,
shoes, lines, hoses, vacuum boosters, and parts therefor;
    y.2. Alternators and generators;
    y.3. Axles;
    y.4. Batteries;
    y.5. Bearings (e.g., ball, roller, wheel);
    y.6. Cables, cable assembles, and connectors;
    y.7. Cooling system hoses;
    y.8. Hydraulic, fuel, oil, and air filters, other than those
controlled by ECCN 1A004;
    y.9. Gaskets and o-rings;
    y.10. Hydraulic system hoses, fittings, couplings, adapters, and
valves;
    y.11. Latches and hinges;
    y.12. Lighting systems, fuses, and ``components;''
    y.13. Pneumatic hoses, fittings, adapters, couplings, and
valves;
    y.14. Seats, seat assemblies, seat supports, and harnesses;
    y.15. Tires, except run flat; and
    y.16. Windows, except those for armored vehicles.

0
13. In supplement No. 1 to part 774, Category 0, ECCN 0D606 is revised
to read as follows:

0D606 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of ground vehicles and
related commodities controlled by 0A606, 0B606, or 0C606 (see List of
Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country Chart (See Supp. No.
                Control(s)                         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)

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 ``software'' in 0D614.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles
enumerated in USML Category IX is subject to the control of USML
paragraph IX(e). (2) See ECCN 0A919 for foreign made ``military
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' items.
Related Definitions: N/A
Items:
    a. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by ECCNs 0A606 (except for ECCNs 0A606.b or 0A606.y), 0B606, or
0C606.
    b. [RESERVED]

0
14. In supplement No. 1 to part 774, Category 0, ECCN 0E606 is revised
to read as follows:

0E606 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair, overhaul,
or refurbishing of ground vehicles and related commodities in 0A606,
0B606, 0C606, or software in 0D606 (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country Chart (See Supp. No.
                Control(s)                         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)

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 technology in 0E614.

List of Items Controlled

Related Controls: ``Technical data'' directly related to articles
enumerated in USML Category IX is subject to the control of USML
paragraph IX(e).
Related Definitions: N/A
Items:
    a. ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities enumerated or otherwise
described in ECCN 0A606 (except for ECCNs 0A606.b or 0A606.y),
0B606, or 0C606.
    b. [RESERVED]

0
15. In supplement No. 1 to part 774, Category 2, ECCN 2B352 is revised
to read as follows:

2B352 Equipment capable of use in handling biological materials, as
follows (see List of Items Controlled).

License Requirements

Reason for Control: CB, AT

                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738).

CB applies to entire entry................  CB Column 2
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: N/A
CIV: N/A

List of Items Controlled

Related Controls: See ECCNs 1A004 and 1A995 for protective equipment
that is not covered by this entry. Also see ECCN 9A120 for controls
on certain ``UAV'' systems designed or modified to dispense an
aerosol and capable of carrying elements of a payload in the form of
a particulate or liquid, other than fuel ``parts'' or ``components''
of such vehicles, of a volume greater than 20 liters.
Related Definitions: (1) ``Lighter than air vehicles''--balloons and
airships that rely on hot air or on lighter-than-air gases, such as
helium or hydrogen, for their lift. (2) ``UAVs''--Unmanned Aerial
Vehicles. (3) ``VMD''--Volume Median Diameter.
Items:
    a. Containment facilities and related equipment, as follows:
    a.1. Complete containment facilities at P3 or P4 containment
level.

    Technical Note: P3 or P4 (BL3, BL4, L3, L4) containment levels
are as specified in the WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004).

    a.2. Equipment designed for fixed installation in containment
facilities specified in paragraph a.1 of this ECCN, as follows:
    a.2.a. Double-door pass-through decontamination autoclaves;
    a.2.b. Breathing air suit decontamination showers;
    a.2.c. Mechanical-seal or inflatable-seal walkthrough doors.
    b. Fermenters and components as follows:
    b.1. Fermenters capable of cultivation of micro-organisms or of
live cells for the production of viruses or toxins, without the
propagation of aerosols, having a capacity of 20 liters or greater.
    b.2. Components designed for such fermenters, as follows:
    b.2.a. Cultivation chambers designed to be sterilized or
disinfected in situ;
    b.2.b. Cultivation chamber holding devices; or
    b.2.c. Process control units capable of simultaneously
monitoring and controlling two or more fermentation system
parameters (e.g., temperature, pH, nutrients, agitation, dissolved
oxygen, air flow, foam control).

    Technical Note: Fermenters include bioreactors (including
single-use (disposable) bioreactors), chemostats and continuous-flow
systems.

    c. Centrifugal separators capable of the continuous separation
of pathogenic microorganisms, without the propagation of aerosols,
and having all of the following characteristics:
    c.1. One or more sealing joints within the steam containment
area;
    c.2. A flow rate greater than 100 liters per hour;
    c.3. ``Parts'' or ``components'' of polished stainless steel or
titanium; and
    c.4. Capable of in-situ steam sterilization in a closed state.
    Technical Note: Centrifugal separators include decanters.
    d. Cross (tangential) flow filtration equipment and
``accessories,'' as follows:
    d.1. Cross (tangential) flow filtration equipment capable of
separation of microorganisms, viruses, toxins or cell cultures
having all of the following characteristics:
    d.1.a. A total filtration area equal to or greater than 1 square
meter (1 m2); and
    d.1.b. Having any of the following characteristics:
    d.1.b.1. Capable of being sterilized or disinfected in-situ; or
    d.1.b.2. Using disposable or single-use filtration ``parts'' or
``components''.
    N.B.: 2B352.d.1 does not control reverse osmosis and
hemodialysis equipment, as specified by the manufacturer.
    d.2. Cross (tangential) flow filtration ``parts'' or
``components'' (e.g., modules, elements, cassettes, cartridges,
units or plates) with filtration area equal to or greater than 0.2
square meters (0.2 m2) for each component and designed for use in
cross (tangential) flow filtration equipment controlled by
2B352.d.1.

    TECHNICAL NOTE: In this ECCN, ``sterilized'' denotes the
elimination of all viable microbes from the equipment through the
use of either physical (e.g., steam) or chemical agents.
``Disinfected'' denotes the destruction of potential microbial
infectivity in the equipment through the use of chemical agents with
a germicidal effect. ``Disinfection'' and ``sterilization'' are
distinct from ``sanitization'', the latter referring to cleaning
procedures designed to lower the microbial content of equipment
without necessarily achieving elimination of all microbial
infectivity or viability.

    e. Steam, gas or vapor sterilizable freeze-drying equipment with
a condenser capacity of 10 kg of ice or greater in 24 hours (10
liters of water or greater in 24 hours) and less than 1000 kg of ice
in 24 hours (less than 1,000 liters of water in 24 hours).
    f. Spray-drying equipment capable of drying toxins or pathogenic
microorganisms having all of the following characteristics:
    f.1. A water evaporation capacity of >= 0.4 kg/h and <= 400 kg/
h;
    f.2. The ability to generate a typical mean product particle
size of <= 10 micrometers with existing fittings or by minimal
modification of the spray-dryer with atomization nozzles enabling
generation of the required particle size; and
    f.3. Capable of being sterilized or disinfected in situ.
    g. Protective and containment equipment, as follows:
    g.1. Protective full or half suits, or hoods dependent upon a
tethered external air supply and operating under positive pressure;
    Technical Note: This entry does not control suits designed to be
worn with self-contained breathing apparatus.
    g.2. Biocontainment chambers, isolators, or biological safety
cabinets having all of the following characteristics, for normal
operation:
    g.2.a. Fully enclosed workspace where the operator is separated
from the work by a physical barrier;
    g.2.b. Able to operate at negative pressure;
    g.2.c. Means to safely manipulate items in the workspace; and
    g.2.d. Supply and exhaust air to and from the workspace is high-
efficiency particulate air (HEPA) filtered.

    Note 1 to 2B352.g.2:  2B352.g.2 controls class III biosafety
cabinets, as specified in the WHO Laboratory Biosafety Manual (3rd
edition, Geneva, 2004) or constructed in accordance with national
standards, regulations or guidance.

    Note 2 to 2B352.g.2: 2B352.g.2 does not control isolators
``specially designed'' for barrier nursing or transportation of
infected patients.

    h. Aerosol inhalation equipment designed for aerosol challenge
testing with microorganisms, viruses or toxins, as follows:
    h.1. Whole-body exposure chambers having a capacity of 1 cubic
meter or greater.
    h.2. Nose-only exposure apparatus utilizing directed aerosol
flow and having a capacity for the exposure of 12 or more rodents,
or two or more animals other than rodents, and closed animal
restraint tubes designed for use with such apparatus.
    i. Spraying or fogging systems and ``parts'' and ``components''
therefor, as follows:
    i.1. Complete spraying or fogging systems, ``specially
designed'' or modified for fitting to ``aircraft,'' ``lighter than
air vehicles,'' or ``UAVs,'' capable of delivering, from a liquid
suspension, an initial droplet `VMD' of less than 50 microns at a
flow rate of greater than 2 liters per minute;
    i.2. Spray booms or arrays of `aerosol generating units',
``specially designed'' or

modified for fitting to ``aircraft,'' ``lighter than air vehicles,''
or ``UAVs,'' capable of delivering, from a liquid suspension, an
initial droplet `VMD' of less than 50 microns at a flow rate of
greater than 2 liters per minute;
    i.3. `Aerosol generating units' ``specially designed'' for
fitting to the systems specified in paragraphs i.1 or i.2 of this
ECCN.

    Technical Notes:
    1. `Aerosol generating units' are devices ``specially designed''
or modified for fitting to ``aircraft'' and include nozzles, rotary
drum atomizers and similar devices.
    2. This ECCN does not control spraying or fogging systems,
``parts'' and ``components,'' as specified in 2B352.i, that are
demonstrated not to be capable of delivering biological agents in
the form of infectious aerosols.
    3. Volume Median Diameter `VMD' for droplets produced by spray
equipment or nozzles ``specially designed'' for use on ``aircraft''
or ``UAVs'' should be measured using either of the following methods
(pending the adoption of internationally accepted standards):
    a. Doppler ``laser'' method,
    b. Forward ``laser'' diffraction method.

0
16. In supplement No. 1 to part 774, Category 8, ECCN 8A609 is revised
to read as follows:

8A609 Surface vessels of war and related commodities (see List of Items
Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry, except 8A609.y  NS Column 1
RS applies to entire entry, except 8A609.y  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8A609.y  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: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 8A609.a,
unless determined by BIS to be eligible for License Exception STA in
accordance with Sec.  740.20(g) (License Exception STA eligibility
requests for 9x515 and ``600 series'' items).

List of Items Controlled

Related Controls: (1) Surface vessels of war and special naval
equipment, and technical data (including software), and services
directly related thereto, described in 22 CFR part 121, Category VI,
Surface Vessels of War and Special Naval Equipment, are subject to
the jurisdiction of the International Traffic in Arms Regulations.
(2) See ECCN 0A919 for foreign-made ``military commodities'' that
incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content. (3) For controls on diesel engines and
electric motors that are ``subject to the EAR'' for surface vessels
of war ``subject to the EAR'' or ``subject to the ITAR,'' see ECCN
8A992.g. For diesel engines and electric motors for surface vessels
of war ``subject to the ITAR,'' see 22 CFR part 121, Category VI(c)
for parts, components, accessories, and attachments, ``specially
designed'' for developmental vessels funded by the Department of
Defense via contract or other funding authorization. (4) For
controls on military gas turbine engines and related items for
vessels of war, see ECCN 9A619.
    Related Definitions: N/A
    Items:
    a. Surface vessels of war ``specially designed'' for a military
use and not enumerated or otherwise described in the USML.

    Note 1:  8A609.a includes: (i) Underway replenishment ships;
(ii) surface vessel and submarine tender and repair ships, except
vessels that are ``specially designed'' to support naval nuclear
propulsion plants; (iii) non-submersible submarine rescue ships;
(iv) other auxiliaries (e.g., AGDS, AGF, AGM, AGOR, AGOS, AH, AP,
ARL, AVB, AVM, and AVT); (v) amphibious warfare craft, except those
that are armed; and (vi) unarmored and unarmed coastal, patrol,
roadstead, and Coast Guard and other patrol craft with mounts or
hard points for firearms of .50 caliber or less.

    Note 2: For purposes of paragraph .a, surface vessels of war
includes vessels ``specially designed'' for military use that are
not identified in paragraph (a) of ITAR Sec.  121.15, including any
demilitarized vessels, regardless of origin or designation,
manufactured prior to 1950 and that have not been modified since
1949. For purposes of this note, the term modified does not include
incorporation of safety features required by law, cosmetic changes
(e.g., different paint), or the addition of ``parts'' or
``components'' available prior to 1950.

    b. Non-magnetic diesel engines with a power output of 50 hp or
more and either of the following:
    b.1. Non-magnetic content exceeding 25% of total weight; or
    b.2. Non-magnetic parts other than crankcase, block, head,
pistons, covers, end plates, valve facings, gaskets, and fuel,
lubrication and other supply lines.
    c. through w. [RESERVED]
    x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 8A609 (except for 8A609.y)
or a defense article enumerated or otherwise described in USML
Category VI and not specified elsewhere on the USML, in 8A609.y or
3A611.y.

    Note 1: Forgings, castings, and other unfinished products, such
as extrusions and machined bodies, that have reached a stage in
manufacturing where they are clearly identifiable by mechanical
properties, material composition, geometry, or function as
commodities controlled by ECCN 8A609.x are controlled by ECCN
8A609.x.

    Note 2:  ``Parts,'' ``components,'' ``accessories'' and
``attachments'' specified in USML subcategory VI(f) are subject to
the controls of that paragraph. ``Parts,'' ``components,''
``accessories,'' and ``attachments'' specified in ECCN 8A609.y are
subject to the controls of that paragraph.

    y. Specific ``parts,'' ``components,'' ``accessories'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this ECCN or for a defense article in USML Category VI
and not elsewhere specified in the USML, as follows, and ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' therefor:
    y.1. Public address (PA) systems;
    y.2. Filters and filter assemblies, hoses, lines, fittings,
couplings, and brackets for pneumatic, hydraulic, oil and fuel
systems;
    y.3. Galleys;
    y.4. Lavatories;
    y.5. Magnetic compass, magnetic azimuth detector;
    y.6. Medical facilities;
    y.7. Potable water tanks, filters, valves, hoses, lines,
fittings, couplings, and brackets;
    y.8. Panel knobs, indicators, switches, buttons, and dials
whether unfiltered or filtered for use with night vision imaging
systems;
    y.9. Emergency lighting;
    y.10. Gauges and indicators;
    y.11. Audio selector panels.

0
17. In supplement No. 1 to part 774, Category 9, ECCN 9A610 is revised
to read as follows.

9A610 Military aircraft and related commodities, other than those
enumerated in 9A991.a (see List of Items Controlled)

License Requirements

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

                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)

NS applies to entire entry except:          NS Column 1
9A610.b; parts and components controlled
 in 9A610.x if being exported or
 reexported for use in an aircraft
 controlled in 9A610.b; and 9A610.y.
RS applies to entire entry except:          RS Column 1
9A610.b; parts and components controlled
 in 9A610.x if being exported or
 reexported for use in an aircraft
 controlled in 9A610.b; and 9A610.y.

MT applies to 9A610.t, .u, .v, and .w.....  MT Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9A610.y.  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: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for any item in 9A610.a
(i.e., ``end item'' military aircraft), unless determined by BIS to
be eligible for License Exception STA in accordance with Sec.
740.20(g) (License Exception STA eligibility requests for 9x515 and
``600 series'' items). (2) Paragraph (c)(2) of License Exception STA
(Sec.  740.20(c)(2) of the EAR) may not be used for any item in
9A610.

List of Items Controlled

Related Controls: (1) Military aircraft and related articles that
are enumerated in USML Category VIII, and technical data (including
software) directly related thereto, are subject to the ITAR. (2) See
ECCN 0A919 for controls on foreign-made ``military commodities''
that incorporate more than a de minimis amount of U.S.-origin ``600
series'' controlled content. (3) See USML Category XIX and ECCN
9A619 for controls on military aircraft gas turbine engines and
related items.
Related Definitions: In paragraph .y of this entry, the term `fluid'
includes liquids and gases.
Items:
    a. `Military Aircraft' ``specially designed'' for a military use
that are not enumerated in USML paragraph VIII(a).

    Note 1: For purposes of paragraph .a the term `military
aircraft' means the LM-100J aircraft and any aircraft ``specially
designed'' for a military use that are not enumerated in USML
paragraph VIII(a). The term includes: Trainer aircraft; cargo
aircraft; utility fixed wing aircraft; military helicopters;
observation aircraft; military non-expansive balloons and other
lighter than air aircraft; and unarmed military aircraft, regardless
of origin or designation. Aircraft with modifications made to
incorporate safety of flight features or other FAA or NTSB
modifications such as transponders and air data recorders are
``unmodified'' for the purposes of this paragraph .a.

    Note 2: 9A610.a does not control `military aircraft' that:
    a. Were first manufactured before 1946;
    b. Do not incorporate defense articles enumerated or otherwise
described on the U.S. Munitions List, unless the items are required
to meet safety or airworthiness standards of a Wassenaar Arrangement
Participating State; and
    c. Do not incorporate weapons enumerated or otherwise described
on the U.S. Munitions List, unless inoperable and incapable of being
returned to operation.

    b. L-100 aircraft manufactured prior to 2013.
    c.-d. [Reserved]
    e. Mobile aircraft arresting and engagement runway systems for
aircraft controlled by either USML Category VIII(a) or ECCN 9A610.a.
    f. Pressure refueling equipment and equipment that facilitates
operations in confined areas, ``specially designed'' for aircraft
controlled by either USML paragraph VIII(a) or ECCN 9A610.a.
    g. Aircrew life support equipment, aircrew safety equipment and
other devices for emergency escape from aircraft controlled by
either USML paragraph VIII(a) or ECCN 9A610.a.
    h. Parachutes, paragliders, complete parachute canopies,
harnesses, platforms, electronic release mechanisms, ``specially
designed'' for use with aircraft controlled by either USML paragraph
VIII(a) or ECCN 9A610.a, and ``equipment'' ``specially designed''
for military high altitude parachutists, such as suits, special
helmets, breathing systems, and navigation equipment.
    i. Controlled opening equipment or automatic piloting systems,
designed for parachuted loads.
    j. Ground effect machines (GEMS), including surface effect
machines and air cushion vehicles, ``specially designed'' for use by
a military.
    k. through s. [Reserved]
    t. Composite structures, laminates, and manufactures thereof
``specially designed'' for unmanned aerial vehicles controlled under
USML Category VIII(a) with a range equal to or greater than 300 km.

    Note to paragraph .t: Composite structures, laminates, and
manufactures thereof ``specially designed'' for unmanned aerial
vehicles controlled under USML Category VIII(a) with a maximum range
less than 300 km are controlled in paragraph .x of this entry.

    u. Apparatus and devices ``specially designed'' for the
handling, control, activation and non-ship-based launching of UAVs
or drones controlled by either USML paragraph VIII(a) or ECCN
9A610.a, and capable of a range equal to or greater than 300 km.

    Note to paragraph .u: Apparatus and devices ``specially
designed'' for the handling, control, activation and non-ship-based
launching of UAVs or drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a with a maximum range less than 300 km are
controlled in paragraph .x of this entry.

    v. Radar altimeters designed or modified for use in UAVs or
drones controlled by either USML paragraph VIII(a) or ECCN 9A610.a.,
and capable of delivering at least 500 kilograms payload to a range
of at least 300 km.

    Note to paragraph .v:  Radar altimeters designed or modified for
use in UAVs or drones controlled by either USML paragraph VIII(a) or
ECCN 9A610.a. that are not capable of delivering at least 500
kilograms payload to a range of at least 300 km are controlled in
paragraph .x of this entry.

    w. Pneumatic hydraulic, mechanical, electro-optical, or
electromechanical flight control systems (including fly-by-wire and
fly-by-light systems) and attitude control equipment designed or
modified for UAVs or drones controlled by either USML paragraph
VIII(a) or ECCN 9A610.a., and capable of delivering at least 500
kilograms payload to a range of at least 300 km.

    Note to paragraph .w:  Pneumatic, hydraulic, mechanical,
electro-optical, or electromechanical flight control systems
(including fly-by-wire and fly-by-light systems) and attitude
control equipment designed or modified for UAVs or drones controlled
by either USML paragraph VIII(a) or ECCN 9A610.a., not capable of
delivering at least 500 kilograms payload to a range of at least 300
km are controlled in paragraph .x of this entry.

    x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
enumerated or otherwise described in ECCN 9A610 (except for 9A610.y)
or a defense article enumerated or otherwise described in USML
Category VIII and not elsewhere specified on the USML or in 9A610.y,
9A619.y, or 3A611.y.
    y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A619, or for a defense article in USML
Categories VIII or XIX and not elsewhere specified in the USML or
the CCL, and other aircraft commodities ``specially designed'' for a
military use, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
    y.1. Aircraft tires;
    y.2. Analog gauges and indicators;
    y.3. Audio selector panels;
    y.4. Check valves for hydraulic and pneumatic systems;
    y.5. Crew rest equipment;
    y.6. Ejection seat mounted survival aids;
    y.7. Energy dissipating pads for cargo (for pads made from paper
or cardboard);
    y.8. Fluid filters and filter assemblies;
    y.9. Galleys;
    y.10. Fluid hoses, straight and unbent lines (for a commodity
subject to control in this entry or defense article in USML Category
VIII), and fittings, couplings, clamps (for a commodity subject to
control in this entry or defense article in USML Category VIII) and
brackets therefor;
    y.11. Lavatories;
    y.12. Life rafts;
    y.13. Magnetic compass, magnetic azimuth detector;
    y.14. Medical litter provisions;
    y.15. Cockpit or cabin mirrors;
    y.16. Passenger seats including palletized seats;
    y.17. Potable water storage systems;
    y.18. Public address (PA) systems;
    y.19. Steel brake wear pads (does not include sintered mix or
carbon/carbon materials);
    y.20. Underwater locator beacons;

    y.21. Urine collection bags/pads/cups/pumps;
    y.22. Windshield washer and wiper systems;
    y.23. Filtered and unfiltered panel knobs, indicators, switches,
buttons, and dials;
    y.24. Lead-acid and Nickel-Cadmium batteries;
    y.25. Propellers, propeller systems, and propeller blades used
with reciprocating engines;
    y.26. Fire extinguishers;
    y.27. Flame and smoke/CO2 detectors;
    y.28. Map cases;
    y.29. `Military Aircraft' that were first manufactured from 1946
to 1955 that do not incorporate defense articles enumerated or
otherwise described on the U.S. Munitions List, unless the items are
required to meet safety or airworthiness standards of a Wassenaar
Arrangement Participating State; and do not incorporate weapons
enumerated or otherwise described on the U.S. Munitions List, unless
inoperable and incapable of being returned to operation;
    y.30. ``Parts,'' ``components,'' ``accessories,'' and
``attachments,'' other than electronic items or navigation
equipment, for use in or with a commodity controlled by ECCN
9A610.h;
    y.31. Identification plates and nameplates; and
    y.32. Fluid manifolds.

    Dated: December 18, 2017.
Richard E. Ashooh,
Assistant Secretary for Export Administration.
[FR Doc. 2017-27616 Filed 12-26-17; 8:45 am]
 BILLING CODE 3510-33-P