[Federal Register: August 7, 2009 (Volume 74, Number 151)]
[Proposed Rules]
[Page 39582-39584]
[DOCID:fr07au09-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2009-0317; Directorate Identifier 79-ANE-18]
RIN 2120-AA64

Airworthiness Directives; Pratt & Whitney JT8D-7, -7A, -7B, -9, -
9A, -11, -15, and -17 Turbofan Engines

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to supersede an existing airworthiness
directive (AD) for Pratt & Whitney JT8D-1, -1A, -1B, -7, -7A, -7B, -9,
-9A, -11, -15, and -17 turbofan engines with 2nd stage fan blades, part
number (P/N) 433802, 645902, 759902, 695932, 678102, or 746402
installed. That AD currently requires initial and repetitive ultrasonic
inspection (UI) and fluorescent penetrant inspection (FPI) of those P/N
2nd stage fan blades. This proposed AD would replace the required FPI
with eddy current inspection (ECI) on all affected 2nd stage fan blades
and would maintain the requirement of ultrasonic inspection (UI) of the
blade root attachment on some of the affected 2nd stage fan blades.
This proposed AD would also introduce an optional terminating action to
the repetitive blade inspections for certain engine models. This
proposed AD results from reports of 10 fractures of 2nd stage fan
blades since AD 87-14-01R1 became effective. We are proposing this AD
to prevent uncontained failure of 2nd stage fan blades, which could
result in damage to the airplane.

DATES: We must receive any comments on this proposed AD by October 6,
2009.

ADDRESSES: Use one of the following addresses to comment on this
proposed AD.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Kevin Dickert, Aerospace Engineer,
Engine Certification Office, FAA, Engine and Propeller Directorate, 12
New England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments regarding this proposal. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2009-0317; Directorate
Identifier 79-ANE-18'' in the subject line of your comments. We
specifically invite comments on the overall regulatory, economic,
environmental, and energy aspects of the proposed AD. We will consider
all comments received by the closing date and may amend the proposed AD
in light of those comments.
    We will post all comments we receive, without change, to http://
www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact
with FAA personnel concerning this proposed AD. Using the search
function of the Web site, anyone can find and read the comments in any
of our dockets, including, if provided, the name of the individual who
sent the comment (or signed the comment on behalf of an association,
business, labor union, etc.). You may review the DOT's complete Privacy
Act Statement in the Federal Register published on April 11, 2000 (65
FR 19477-78).

Examining the AD Docket

    You may examine the AD docket on the Internet at http://
www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone<PHONE_NUMBER>) is
the same as the Mail address provided in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

Discussion

    The FAA proposes to amend 14 CFR part 39 by superseding AD 87-14-01
R1, Amendment 39-6359 (54 FR 43954, October 30, 1989). That AD requires
initial and repetitive UI and FPI of P/N 433802, 645902, 759902,
695932, 678102, and 746402 2nd stage fan blades. That AD was the result
of reports of on-going fractures of 2nd stage fan blades since 1980.
That condition, if not corrected, could result in uncontained failure
of 2nd stage fan blades, which could result in damage to the airplane.

Actions Since AD 87-14-01 R1 Was Issued

    Since AD 87-14-01 R1 was issued, Pratt & Whitney has developed and
published an ECI procedure for inspecting the 2nd stage fan blade pin-
root holes. We have reviewed this procedure and determined that
mandating this ECI procedure will result in an increased level of
safety for the affected engines.

FAA's Determination and Requirements of the Proposed AD

    We have evaluated all pertinent information and identified an
unsafe condition that is likely to exist or develop on other products
of this same type design. For that reason, we are proposing this AD,
which would require, for 2nd stage fan blades P/Ns 678102 and 746402,
an ECI of the blade pin-root holes for cracks, and for 2nd stage fan
blades P/Ns 433802, 645902, 759902, and 695932, an ECI of the blade
pin-root holes and UI the blade root attachment for cracks. This
proposed AD would also eliminate the JT8D-1, -1A, and -1B engines from
the applicability, because those engine models have either been
converted to other affected engine models included in the proposed AD
or retired from service.

Costs of Compliance

    We estimate that this proposed AD would affect 1,380 engines
installed on airplanes of U.S. registry. We also estimate that it would
take about 25 work-hours per engine to perform one inspection cycle,
and that the average labor rate is $80 per work-hour. Based on these
figures, we estimate the total cost of the proposed AD to U.S.
operators to be $2,760,000.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We have determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify that the proposed AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979); and
    3. Would not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD. See the ADDRESSES section for a location
to examine the regulatory evaluation.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Under the authority delegated to me by the Administrator, the
Federal Aviation Administration proposes to amend 14 CFR part 39 as
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing Amendment 39-6359 (54 FR
43954, October 30, 1989) and by adding a new airworthiness directive to
read as follows:

Pratt & Whitney: Docket No. FAA-2009-0317; Directorate Identifier
79-ANE-18.

Comments Due Date

    (a) The Federal Aviation Administration (FAA) must receive
comments on this

airworthiness directive (AD) action by October 6, 2009.

Affected ADs

    (b) This AD supersedes AD 87-14-01 R1, Amendment 39-6359.

Applicability

    (c) This AD applies to Pratt & Whitney JT8D-7, -7A, -7B, -9, -
9A, -11, -15, and -17 turbofan engines, with 2nd stage fan blades,
part number (P/N) 433802, 645902, 759902, 695932, 678102, or 746402,
installed. These engines are installed on, but not limited to,
Boeing 727, 737, and McDonnell Douglas DC-9 series airplanes.

Unsafe Condition

    (d) This AD results from reports of 10 fractures of 2nd stage
fan blades since AD 87-14-01R1 became effective. We are issuing this
AD to prevent uncontained failure of 2nd stage fan blades, which
could result in damage to the airplane.

Compliance

    (e) You are responsible for having the actions required by this
AD performed within the compliance times specified unless the
actions have already been done.

2nd Stage Fan Blade Inspections

    (f) For 2nd stage fan blades, P/N 678102 and P/N 746402, perform
an eddy current inspection (ECI) of the blade pin-root holes for
cracks, and for 2nd stage fan blades, P/Ns 433802, 645902, 759902,
and 695932, perform an ECI of the blade pin-root holes and perform
an ultrasonic inspection (UI) of the blade root attachment for
cracks, as follows:
    (1) Perform an inspection at the first disassembly of the 2nd
stage fan rotor from the low-pressure (LP) compressor after
accumulation of 3,000 cycles-in-service (CIS) since the last
inspection of the blade root attachment, not to exceed 10,000 CIS
since last inspection.
    (2) If the 2nd stage fan blades were new at their last
installation onto the 2nd stage fan disk, inspect at the first
disassembly of the 2nd stage fan rotor from the LP compressor after
accumulating 3,000 cycles-since-new (CSN), not to exceed 10,000 CSN.
    (3) Thereafter, inspect the 2nd stage fan blades at each
disassembly of the 2nd stage fan rotor from the LP compressor after
accumulating 3,000 CIS, not to exceed 10,000 CIS since the last
inspection.
    (4) Guidance on performing ECIs and UIs of the 2nd stage fan
blade pin-root holes and blade root attachments can be found in
Pratt & Whitney Maintenance Advisory Notice MAN-JT8D-1-08.
    (5) Remove from service before further flight any 2nd stage fan
blades that are found cracked.

Optional Terminating Action

    (g) For JT8D-9, -9A, -11, -15, and -17 engines, as optional
terminating action to the repetitive inspections required by this
AD, replace the affected 2nd stage fan blades with redesigned 2nd
stage fan blades using Pratt & Whitney Service Bulletin No. 5866,
Revision 2, dated October 20, 1998.

Alternative Methods of Compliance

    (h) The Manager, Engine Certification Office, FAA, has the
authority to approve alternative methods of compliance for this AD
if requested using the procedures found in 14 CFR 39.19.

Related Information

    (i) Contact Kevin Dickert, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
<EMAIL_ADDRESS>telephone<PHONE_NUMBER>, fax<PHONE_NUMBER>,
for more information about this AD.
    (j) Contact Pratt & Whitney, 400 Main St., East Hartford, CT
06108; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>, for a copy of
the service information referenced in this AD.

    Issued in Burlington, Massachusetts, on August 3, 2009.
Francis A. Favara,
Manager, Engine and Propeller Directorate, Aircraft Certification
Service.
[FR Doc. E9-18941 Filed 8-6-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Rules and Regulations]
[Pages 23459-23470]
[FR Doc No: 2020-07241]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 732, 734, 738, 742, 744, 758, and 774

[Docket No. 180212164-9483-01]
RIN 0694-AH53

Expansion of Export, Reexport, and Transfer (in-Country) Controls
for Military End Use or Military End Users in the People's Republic of
China, Russia, or Venezuela

AGENCY: Bureau of Industry and Security, Commerce.

ACTION: Final rule.

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SUMMARY: The Bureau of Industry and Security (BIS) is amending the
Export Administration Regulations (EAR) to expand license requirements
on exports, reexports, and transfers (in-country) of items intended for
military end use or military end users in the People's Republic of
China (China), Russia, or Venezuela. Specifically, this rule expands
the licensing requirements for China to include ``military end users,''
in addition to ``military end use.'' It broadens the list of items for
which the licensing requirements and review policy apply and expands
the definition of ``military end use.'' Next, it creates a

new reason for control and the associated review policy for regional
stability for certain items exported to China, Russia, or Venezuela,
moving existing text related to this policy. Finally, it adds
Electronic Export Information filing requirements in the Automated
Export System for exports to China, Russia, and Venezuela. This rule
supports the objectives discussed in the National Security Strategy of
the United States.

DATES: This rule is effective June 29, 2020.

FOR FURTHER INFORMATION CONTACT: Eileen Albanese, Director, Office of
National Security and Technology Transfer Controls, Bureau of Industry
and Security, Department of Commerce. Phone:<PHONE_NUMBER>; Fax: (202)
482-3355; Email<EMAIL_ADDRESS>For emails, include ``Military End
Use or User'' in the subject line.

SUPPLEMENTARY INFORMATION:

Background

    In December 2017, the White House issued the National Security
Strategy of the United States of America (NSS), which states that ``The
United States will respond to the growing political, economic, and
military competitions we face around the world.'' The NSS, which can be
found at www.whitehouse.gov, discusses four pillars--protect the
homeland, promote American prosperity, preserve peace through strength,
and advance American influence. The strategy notes that ``China and
Russia challenge American power, influence, and interests, attempting
to erode American security and prosperity. They are determined to make
economies less free and less fair, to grow their militaries, and to
control information and data to repress their societies and expand
their influence.'' The NSS further notes, ``Both China and Russia
support the dictatorship in Venezuela and are seeking to expand
military linkages and arms sales across the region.''
    BIS is publishing this rule to support the national security and
foreign policy objectives of the United States by broadening the United
States government's visibility into and ability to deny or condition
exports, reexports, and transfers (in-country) involving certain items
on the Commerce Control List (CCL) (Supplement No. 1 to part 774 of the
Export Administration Regulations) that are destined to military end
users or end uses in China, Russia, or Venezuela.

Expansion of Military End Use and End User Controls

    End use (how will the product ultimately be used) and the end user
(who will ultimately use the product) are important factors when
determining license requirements. Examples of prohibited end use
include restrictions on certain nuclear end uses, use of products in
weapons of mass destruction, and use of microprocessors for military
end use. For a full list of end-use and end-user prohibitions under the
EAR, see Part 744 of the EAR. The EAR's current definition of military
end users includes the army, navy, air force, marines and coast guard,
plus the national guard/police, government intelligence and
reconnaissance organizations; this rule does not modify that
definition. The EAR's current definition of military end use refers
both to direct use (for parts, components or subsystems of weapons and
other defense articles) and indirect use (weapon design and
development, testing, repair and maintenance). This rule broadens the
definition of military end use beyond any item for the ``use,''
``development,'' or ``production'' to include any item that supports or
contributes to the operation, installation, maintenance, repair,
overhaul, refurbishing, ``development,'' or ``production,'' of military
items.
    On June 19, 2007, BIS published a rule imposing a license
requirement on exports, reexports, and transfers (in-country) of
certain items intended for military end use in China (72 FR 33646), in
large part due to a continued lack of transparency regarding products
and technologies intended for military end use as China strengthened
its military activities and capabilities. On September 17, 2014, BIS
expanded these license requirements to include military end uses and
end users in Russia (79 FR 55608), to address that country's continuing
policy of destabilization in Ukraine and occupation of Crimea. On
November 7, 2014, BIS expanded these license requirements to include
military end uses and end users in Venezuela (79 FR 66288) as the
actions and policies of the Venezuelan military, including its
continued and increased repression and complicity in human rights
violations, undermined democratic processes and institutions and
thereby constituted an unusual and extraordinary threat to the national
security and foreign policy of the United States.
    This rule further expands license requirements for exports,
reexports, and transfers (in-country) of items intended for military
end use or military end users in the People's Republic of China
(China), Russia, or Venezuela by broadening the license requirement in
Sec.  744.21 of the Export Administration Regulations (15 CFR parts
730-774) (EAR) to include military end users in China. This expansion
will require increased diligence with respect to the evaluation of end
users in China, particularly in view of China's widespread civil-
military integration.
    In addition, this rule broadens the scope of the items subject to
license requirements in Sec.  744.21 by adding items to the list of
items subject to the military end-use and end-user license requirements
in Supplement No. 2 to part 744. Specifically, this rule adds the
following Export Control Classification Numbers (ECCNs) in the
categories of materials processing, electronics, telecommunications,
information security, sensors and lasers, and propulsion to the
supplement: 2A290, 2A291, 2B999, 2D290, 3A991, 3A992, 3A999, 3B991,
3B992, 3C992, 3D991, 5B991, 5A992, 5D992, 6A991, 6A996, and 9B990.
Additionally, this rule expands the range of items under ECCNs 3A992,
8A992, and 9A991 included in Supplement No. 2 to part 744.
    This rule adopts a license review policy of presumption of denial
in Sec.  744.21(e). This change makes the review policy consistent with
the review policy for certain exports, reexports, and transfers (in-
country) of microprocessors and associated software and technologies
for military end uses and end users in Sec.  744.17(c). Further, this
rule broadens the definition of ``military end use'' by identifying
each element of the definition of ``use'' so that any one of the six
elements, standing alone, is sufficient. As amended, the definition of
``military end use'' in Sec.  744.21(f) will include any item that
supports or contributes to the operation, installation, maintenance,
repair, overhaul, refurbishing, ``development,'' or ``production,'' of
military items described on the United States Munitions List
(International Traffic in Arms Regulations (22 CFR 126.1)), or items
classified under ECCNs ending in ``A018'' or under ``600 series''
ECCNs.

Clarification of Controls on ``600 series'' .y and 9x515.y Items

    Additionally, to help the public comply with EAR Sec.  744.21, this
rule would relocate the existing license requirement for items
described in a .y paragraph of a 9x515 or ``600 series'' ECCN to China,
Russia, or Venezuela from Sec.  744.21 to the License Requirements
sections of the relevant ECCNs on the CCL.

    The license requirement in Sec.  744.21 for ``600 series'' .y items
was imposed in an April 16, 2013 rule that initially implemented ``600
series'' controls (Revisions to the Export Administration Regulations:
Initial Implementation of Export Control Reform, 78 FR 22660, at 22723)
because such items were presumptively for military end use. The license
requirement in Sec.  744.21 for 9x515.y items was imposed in a May 13,
2014 rule that implemented CCL controls on certain spacecraft
(Revisions to the Export Administration Regulations: Control of
Spacecraft Systems and Related Items the President Determines No Longer
Warrant Control Under the United States Munitions List (USML), 79 FR
27418, at 27436), prohibiting the export of all items described in
9A515.y to China. As noted previously, subsequent rules broadened the
application of Sec.  744.21 to Russia and Venezuela. This relocation of
the existing license requirement from EAR Sec.  744.21 to the CCL would
not change its scope, which was intended to result in a license
requirement for all 9x515.y or ``600 series'' .y items to those
destinations. Although the rules imposing controls on ``600 series'' .y
and 9x515.y items did not assign a ``reason for control'' as that term
is used on the CCL, BIS believes such items should require a license in
order to support U.S. foreign policy to maintain regional stability.
Accordingly, the reason for control is regional stability (RS) as
described in new EAR Sec.  742.6(a)(7). The associated review policy is
described in new Sec.  742.6(b)(8). The license review policy reflects
current regional stability policy for ``600'' series and 9x515 items.
The addition of new Sec.  742.6(a)(7) would require redesignation of
the following paragraphs in the section (as well as conforming
changes): Sec. Sec.  732.3(b)(4), 734.3(c), 738.1(a)(3), and ECCNs
0A521, 0B521, 0C521, 0D521, 0E521, 9A515, and 9E515.

Expansion of Electronic Export Information Filing Requirements

    Finally, this rule expands Electronic Export Information (EEI)
filing requirements in the Automated Export System (AES) for exports to
China, Russia, or Venezuela. Existing provisions exempt exporters from
both filing EEI for many shipments valued under $2,500 (unless an
export license is required) and from entering the ECCN in the EEI when
the reason for control is only anti-terrorism (AT). To promote
transparency with respect to shipments to these destinations, this rule
revises Sec.  758.1 of the EAR to require filing for items destined to
China, Russia, or Venezuela regardless of the value of the shipment,
unless the shipment is eligible for License Exception GOV. In addition,
even if no license is required to ship an item to those destinations,
the EEI filing must include the correct ECCN regardless of reason for
control. Certain exemptions from filing found in both the EAR and
Foreign Trade Regulations (see Sec.  758.1(c) of the EAR), such as for
personally-owned baggage, are retained in this rule.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (50 U.S.C. 4801-
4852) that provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule. As set forth
in Section 1768 of ECRA, all delegations, rules, regulations, orders,
determinations, licenses, or other forms of administrative action that
have been made, issued, conducted, or allowed to become effective under
the Export Administration Act of 1979 (50 U.S.C. 4601 et seq.) (as in
effect prior to August 13, 2018 and as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. 1701 et
seq.) and 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 14,
2019, 84 FR 41881 (August 15, 2019)), or the Export Administration
Regulations, and are in effect as of August 13, 2018, shall continue in
effect according to their terms until modified, superseded, set aside,
or revoked under the authority of ECRA.

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 final rule has been designated a ``significant
regulatory action,'' although not economically significant, under
section 3(f) of Executive Order 12866.
    2. This final rule is not subject to the requirements of Executive
Order 13771 (82 FR 9339, February 3, 2017) because it is issued with
respect to a national security function of the United States. As
discussed in the background section, this rule supports the objectives
laid out in the National Security Strategy of the United States of
America (NSS) by broadening the United States government's visibility
into transactions involving certain items on the CCL and exports,
reexports and transfers (in-country) to military end users or end uses
in China, Russia, or Venezuela. Specifically, the expansion of controls
would enhance the national security of the United States by reducing
the risk that exports, reexports, and transfers (in-country) of items
subject to the EAR could contribute to the military capability of
China, Russia, or Venezuela contrary to U.S. national security
interests. It allows the United States government to review
transactions involving military end uses or end users in those
destinations prior to their completion to mitigate this risk.
Therefore, the cost-benefit analysis required pursuant to Executive
Orders 13563 and 12866 indicates this rule is intended to improve
national security as its primary direct benefit. Accordingly, this rule
meets the requirements set forth in the April 5, 2017, OMB guidance
implementing Executive Order 13771 (82 FR 9339, February 3, 2017),
regarding what constitutes a regulation issued ``with respect to a
national security function of the United States'' and it is, therefore,
exempt from the requirements of Executive Order 13771.
    3. Notwithstanding any other provision of law, no person may be
required to respond to or be subject to a penalty for failure to comply
with a collection of information, subject to the requirements of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), unless
that collection of information displays a currently valid Office of
Management and Budget (OMB) Control Number. This regulation involves a
collection currently approved by OMB under control number 0694-0088,
Simplified Network Application Processing System. This collection
includes, among other things, license applications, and carries a
burden estimate of 42.5 minutes for a manual or electronic submission
for a total burden estimate of 31,878 hours. BIS receives very few
license applications for military end uses in China or for military end
uses or end users in Russia or Venezuela (approximately two to three
annually). BIS believes that the reason for this small number is the

likelihood that that such applications will be denied. BIS anticipates
that broadening the range of items and parties subject to these
military end-use and end-user license requirements will increase the
number of licenses submitted; however, BIS also believes that, due to
continuing likelihood of denials, this increase is not expected to
exceed the existing estimates currently associated with OMB control
number 0694-0088.
    Any comments regarding the collection of information associated
with this rule, including suggestions for reducing the burden, may be
sent to Jasmeet K. Seehra, Office of Management and Budget (OMB), by
email to<EMAIL_ADDRESS>or by fax to<PHONE_NUMBER>.
    4. This rule does not contain policies with Federalism implications
as that term is defined under Executive Order 13132.
    5. Pursuant to Sec.  1762 of ECRA, this action is exempt from the
Administrative Procedure Act (5 U.S.C. 553) requirements for notice of
proposed rulemaking, opportunity for public participation, and delay in
effective date.
    6. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.

Saving Clause

    Shipments of items removed from license exception eligibility or
eligibility for export, reexport or transfer (in-country) without a
license as a result of this regulatory action that were on dock for
loading, on lighter, laden aboard an exporting carrier, or en route
aboard a carrier to a port of export, on June 29, 2020, pursuant to
actual orders for exports, reexports and transfers (in-country) to a
foreign destination, may proceed to that destination under the previous
license exception eligibility or without a license so long as they have
been exported, reexported or transferred (in-country) before July 27,
2020. Any such items not actually exported, reexported or transferred
(in-country) before midnight, on July 27, 2020 require a license in
accordance with this final rule.

List of Subjects

15 CFR Parts 732 and 758

    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 742

    Exports, Terrorism.

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, 15 CFR chapter VII,
subchapter C is amended as follows:

PART 732--STEPS FOR DETERMINING LICENSING REQUIREMENTS

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

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783).

Sec.  732.3   [Amended]

0
2. In Sec.  732.3, in paragraph (b)(4), remove the reference to ``Sec.
742.6(a)(7)'' and add in its place ``Sec.  742.6(a)(8)''.

PART 734--SCOPE OF THE EAR

0
3. The authority citation for part 734 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 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 12, 2019, 84 FR 61817 (November 13,
2019).

Sec.  734.3   [Amended]

0
4. In Sec.  734.3, in paragraph (c), remove the reference to ``Sec.
742.6(a)(7)'' and add in its place ``Sec.  742.6(a)(8)''.

PART 738--COMMERCE CONTROL LIST AND THE COUNTRY CHART

0
5. The authority citation for part 738 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c; 22 U.S.C. 2151 note; 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004;
42 U.S.C. 2139a; 15 U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p.
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783.

Sec.  738.1   [Amended]

0
6. In Sec.  738.1, in paragraph (a)(3), remove the reference to ``Sec.
742.6(a)(7)'' and add in its place ``Sec.  742.6(a)(8)''.

PART 742--CONTROL POLICY--CCL BASED CONTROLS

0
7. The authority citation for part 742 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 12, 2019, 84 FR 61817 (November
13, 2019).

0
8. In Sec.  742.6:
0
a. Revise paragraph (a)(1);
0
b. Redesignate paragraphs (a)(7) and (8) as paragraphs (a)(8) and (9)
and add new paragraph (a)(7);
0
c. Revise newly redesignated paragraph (a)(8)(i);
0
d. Revise paragraph(b)(1)(i); and
0
e. Add paragraph (b)(8).
    The revisions and additions read as follows:

Sec.  742.6   Regional stability.

    (a) * * *
    (1) RS Column 1 license requirements in general. A license is
required for exports and reexports to all destinations, except Canada,
for all items in ECCNs on the CCL that include RS Column 1 in the
Country Chart column of the ``License Requirements'' section.
Transactions described in paragraph (a)(2), (3), or (9) of this section
are subject to the RS Column 1 license requirements set forth in those
paragraphs rather than the license requirements set forth in this
paragraph (a)(1).
* * * * *
    (7) RS requirement that applies to the People's Republic of China
(China), Russia, or Venezuela. A license is required to export or
reexport to China, Russia, or Venezuela any item described in a .y
paragraph of a 9x515 or ``600 series'' ECCN, except for exports or

reexports to Russia for use in, with, or for the International Space
Station (ISS), including launch to the ISS. (See Sec.  740.11(e)(1) of
the EAR for a definition of the ISS.)
    (8) * * *
    (i) Scope. This paragraph (a)(8) supplements the information in the
0Y521 ECCNs and in Supplement No. 5 to part 774 (Items Classified Under
ECCNs 0A521, 0B521, 0C521, 0D521 and 0E521). This paragraph alerts
exporters, reexporters and transferors to the procedures that apply to
items classified under the 0Y521 ECCNs.
* * * * *
    (b) * * *
    (1) * * *
    (i) Applications for exports and reexports of ECCN 0A501, 0A504,
0A505, 0B501, 0B505, 0D501, 0D505, 0E501, 0E504, and 0E505 items; 9x515
and ``600 series'' items will be reviewed on a case-by-case basis to
determine whether the transaction is contrary to the national security
or foreign policy interests of the United States, including the foreign
policy interest of promoting the observance of human rights throughout
the world. Other applications for exports and reexports described in
paragraph (a)(1), (2), (6), or (8) of this section will be reviewed on
a case-by-case basis to determine whether the export or reexport could
contribute directly or indirectly to any country's military
capabilities in a manner that would alter or destabilize a region's
military balance contrary to the foreign policy interests of the United
States. Applications for reexports of items described in paragraph
(a)(3) of this section will be reviewed applying the policies for
similar commodities that are subject to the ITAR. Applications for
export or reexport of items classified under any 9x515 or ``600
series'' ECCN requiring a license in accordance with paragraph (a)(1)
or (9) of this section will also be reviewed consistent with United
States arms embargo policies in Sec.  126.1 of the ITAR (22 CFR 126.1)
if destined to a country set forth in Country Group D:5 in Supplement
No. 1 to part 740 of the EAR. Applications for export or reexport of
``parts,'' ``components,'' ``accessories,'' ``attachments,''
``software,'' or ``technology'' ``specially designed'' or otherwise
required for the F-14 aircraft will generally be denied. When destined
to China or a country listed in Country Group E:1 in Supplement No. 1
to part 740 of the EAR, items classified under ECCN 0A501, 0A505,
0B501, 0B505, 0D501, 0D505, 0E501, 0E504, and 0E505 or any 9x515 ECCN
will be subject to a policy of denial. In addition, applications for
exports and reexports of ECCN 0A501, 0A505, 0B501, 0B505, 0D501, 0D505,
0E501, 0E504, and 0E505 items when there is reason to believe the
transaction involves criminal organizations, rebel groups, street
gangs, or other similar groups or individuals, that may be disruptive
to regional stability, including within individual countries, will be
subject to a policy of denial.
* * * * *
    (8) China, Russia, or Venezuela. Applications to export or reexport
items described in paragraph (a)(7) of this section to China, Russia,
or Venezuela will be reviewed on a case-by-case basis to determine
whether the transaction is contrary to the national security or foreign
policy interests of the United States, including the foreign policy
interest of promoting the observance of human rights throughout the
world. Such applications will also be reviewed consistent with United
States arms embargo policies in Sec.  126.1 of the ITAR (22 CFR 126.1)
if destined to a country set forth in Country Group D:5 in Supplement
No. 1 to part 740 of the EAR. When destined to China, items classified
under any 9x515.y ECCN will be subject to a policy of denial consistent
with paragraph (b)(1) of this section.
* * * * *

PART 744--CONTROL POLICY: END USER AND END USE BASED

0
9. The authority citation for part 744 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; 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. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of September 19, 2019, 83 FR 49633 (September 20, 2019); Notice of
November 12, 2019, 84 FR 61817 (November 13, 2019).

0
10. In Sec.  744.1, revise the last two sentences of paragraph (a)(1)
to read as follows:

Sec.  744.1   General provisions.

    (a)(1) * * * Section 744.21 imposes restrictions for exports,
reexports and transfers (in-country) of items on the CCL for a
`military end use' or `military end user' in the People's Republic of
China (PRC or China), Russia, or Venezuela. Section 744.22 imposes
restrictions on exports, reexports and transfers to persons whose
property and interests in property are blocked pursuant to Executive
Orders 13310, 13448, or 13464.
* * * * *

0
11. Section 744.21 is revised to read as follows:

Sec.  744.21   Restrictions on certain `military end use' or `military
end user' in the People's Republic of China, Russia, or Venezuela.

    (a) General prohibition. In addition to the license requirements
for items specified on the Commerce Control List (CCL), you may not
export, reexport, or transfer (in-country) any item subject to the EAR
listed in Supplement No. 2 to part 744 to the People's Republic of
China (China), Russia, or Venezuela without a license if, at the time
of the export, reexport, or transfer (in-country), you have
``knowledge,'' as defined in Sec.  772.1 of the EAR, that the item is
intended, entirely or in part, for a `military end use,' as defined in
paragraph (f) of this section, or `military end user,' as defined in
paragraph (g) of this section, in China, Russia, or Venezuela.
    (b) Additional prohibition on those informed by BIS. BIS may inform
you either individually by specific notice, through amendment to the
EAR published in the Federal Register, or through a separate notice
published in the Federal Register, that a license is required for
specific exports, reexports, or transfers (in-country) of any item
because there is an unacceptable risk of use in or diversion to a
`military end use' or `military end user' in China, Russia, or
Venezuela. Specific notice will be given only by, or at the direction
of, the Deputy Assistant Secretary for Export Administration. When such
notice is provided orally, it will be followed by written notice within
two working days signed by the Deputy Assistant Secretary for Export
Administration or the Deputy Assistant Secretary's designee. The
absence of BIS notification does not excuse the exporter from
compliance with the license requirements of paragraph (a) of this
section.
    (c) License exception. Despite the prohibitions described in
paragraphs (a) and (b) of this section, you may export, reexport, or
transfer (in-country) items subject to the EAR under the provisions of
License Exception GOV set forth in Sec.  740.11(b)(2)(i) and (ii) of
the EAR.
    (d) License application procedure. When submitting a license
application pursuant to this section, you must state in the
``additional information'' block of the application that ``this
application is submitted because of the license

requirement in Sec.  744.21 of the EAR (Restrictions on a `Military End
Use' or `Military End User' in the People's Republic of China, Russia,
or Venezuela).'' In addition, either in the additional information
block of the application or in an attachment to the application, you
must include all known information concerning the `military end use'
and `military end user(s)' of the item(s). If you submit an attachment
with your license application, you must reference the attachment in the
``additional information'' block of the application.
    (e) License review standards. (1) Applications to export, reexport,
or transfer (in-country) items described in paragraph (a) of this
section will be reviewed with a presumption of denial.
    (2) Applications may be reviewed under chemical and biological
weapons, nuclear nonproliferation, or missile technology review
policies, as set forth in Sec. Sec.  742.2(b)(4), 742.3(b)(4), and
742.5(b)(4) of the EAR, if the end use may involve certain
proliferation activities.
    (3) Applications for items requiring a license for any reason that
are destined to China, Russia, or Venezuela for a `military end use' or
`military end user' also will be subject to the review policy stated in
paragraph (e)(1) of this section.
    (f) Military end use. In this section, `military end use' means:
incorporation into a military item described on the U.S. Munitions List
(USML) (22 CFR part 121, International Traffic in Arms Regulations);
incorporation into items classified under ECCNs ending in ``A018'' or
under ``600 series'' ECCNs; or any item that supports or contributes to
the operation, installation, maintenance, repair, overhaul,
refurbishing, ``development,'' or ``production,'' of military items
described on the USML, or items classified under ECCNs ending in
``A018'' or under ``600 series'' ECCNs.
    (g) Military end user. In this section, the term `military end
user' means the national armed services (army, navy, marine, air force,
or coast guard), as well as the national guard and national police,
government intelligence or reconnaissance organizations, or any person
or entity whose actions or functions are intended to support `military
end uses' as defined in paragraph (f) of this section.
    (h) Effects on contracts. Venezuela: Transactions involving the
export, reexport, or transfer (in country) of items to or within
Venezuela are not subject to the provisions of Sec.  744.21 if the
contracts for such transactions were signed prior to November 7, 2014.

0
12. Supplement No. 2 to part 744 is revised to read as follows:

Supplement No. 2 to Part 744--List of Items Subject to the Military End
Use or End User License Requirement of Sec.  744.21

    The following items, as described, are subject to the military
end use or end user license requirement in Sec.  744.21.
    (1) Category 1 Materials, Chemicals, Microorganisms, and Toxins
    (i) 1A290 Depleted uranium (any uranium containing less than
0.711% of the isotope U 235) in shipments of more than 1,000
kilograms in the form of shielding contained in X ray units,
radiographic exposure or teletherapy devices, radioactive
thermoelectric generators, or packaging for the transportation of
radioactive materials.
    (ii) 1C990 Fibrous and filamentary materials, not controlled by
1C010 or 1C210, for use in ``composite'' structures and with a
specific modulus of 3.18x10\6\m or greater and a specific tensile
strength of 7.62x10\4\m or greater.
    (iii) 1C996 Hydraulic fluids containing synthetic hydrocarbon
oils, having all the characteristics in the List of Items
Controlled.
    (iv) 1D993 ``Software'' specially designed for the
``development'', ``production'', or ``use'' of equipment or
materials controlled by 1C210.b, or 1C990.
    (v) 1D999 Limited to specific software controlled by 1D999.b for
equipment controlled by 1B999.e that is specially designed for the
production of prepregs controlled in Category 1, n.e.s.
    (vi) 1E994 Limited to ``technology'' for the ``development'',
``production'', or ``use'' of fibrous and filamentary materials
other than glass, aramid or polyethylene controlled by 1C990.
    (2) Category 2 Materials Processing
    (i) 2A290 Generators and other equipment ``specially designed,''
prepared, or intended for use with nuclear plants.
    (ii) 2A291 Equipment, except items controlled by 2A290, related
to nuclear material handling and processing and to nuclear reactors,
and ``parts,'' ``components'' and ``accessories'' therefor (see List
of Items Controlled).
    (iii) 2A991 Limited to bearings and bearing systems not
controlled by 2A001 and with operating temperatures above 573 K (300
[deg]C).
    (iv) 2B991 Limited to ``numerically controlled'' machine tools
having ``positioning accuracies'', with all compensations available,
less (better) than 9 [mu]m along any linear axis; and machine tools
controlled under 2B991.d.1.a.
    (v) 2B992 Non ``numerically controlled'' machine tools for
generating optical quality surfaces, and specially designed
components therefor.
    (vi) 2B996 Limited to dimensional inspection or measuring
systems or equipment not controlled by 2B006 with measurement
uncertainty equal to or less (better) than (1.7 + L/1000)
micrometers in any axes (L measured Length in mm).
    (vii) 2B999 Specific processing equipment, n.e.s. (see List of
Items Controlled).
    (viii) 2D290 ``Software'' ``specially designed'' or modified for
the ``development,'' ``production,'' or ``use'' of items controlled
by 2A290 or 2A291.
    (3) Category 3 Electronics Design, Development and Production
    (i) 3A991 Electronic devices, and ``components'' not controlled
by 3A001.
    (ii) 3A992 General purpose electronic equipment not controlled
by 3A002.
    (iii) 3A999 Specific processing equipment, n.e.s. (see List of
Items Controlled).
    (iv) 3B991 Equipment not controlled by 3B001 for the manufacture
of electronic ``parts,'' ``components'' and materials, and
``specially designed'' ``parts,'' ``components'' and ``accessories''
therefor.
    (v) 3B992 Equipment not controlled by 3B002 for the inspection
or testing of electronic ``components'' and materials, and
``specially designed'' ``parts,'' ``components'' and ``accessories''
therefor.
    (vi) 3C992 Positive resists designed for semiconductor
lithography specially adjusted (optimized) for use at wavelengths
between 370 and 245 nm.
    (vii) 3D991 ``Software'' ``specially designed'' for the
``development'', ``production'', or ``use'' of electronic devices,
``parts'' or ``components'' controlled by 3A991, general purpose
electronic equipment controlled by 3A992, or manufacturing and test
equipment controlled by 3B991 and 3B992; or ``software'' ``specially
designed'' for the ``use'' of equipment controlled by 3B001.g and
.h.
    (viii) 3E991 Limited to ``technology'' according to the General
Technology Note for the ``development'', ``production'', or ``use''
of digital oscilloscopes and transient recorders with sampling rates
greater than 2.5 giga samples per second, which are controlled by
3A992.g.
    (4) Category 4 Computers
    (i) 4A994 Limited to computers not controlled by 4A001 or 4A003,
with an Adjusted Peak Performance (``APP'') exceeding 0.5 Weighted
TeraFLOPS (WT).
    (ii) 4D993 ``Program'' proof and validation ``software'',
``software'' allowing the automatic generation of ``source codes'',
and operating system ``software'' that are specially designed for
real time processing equipment.
    (iii) 4D994 Limited to ``software'' specially designed or
modified for the ``development'', ``production'', or ``use'' of
equipment controlled by 4A101.
    (5) Category 5 (Part 1) Telecommunications and Category 5 (Part
2) Information Security
    (i) 5A991 Limited to telecommunications equipment designed to
operate outside the temperature range from 219K (-54 [deg]C) to 397K
(124 [deg]C), which is controlled by 5A991.a., radio equipment using
Quadrature-amplitude-modulation (QAM) techniques, which is
controlled by 5A991.b.7., and phased array antennae, operating above
10.5 Ghz, except landing systems meeting ICAO standards (MLS), which
are controlled by 5A991.f.
    (ii) 5B991 Telecommunications test equipment, n.e.s.
    (iii) 5D991 Limited to ``software'' specially designed or
modified for the ``development'', ``production'', or ``use'' of
equipment controlled by 5A991.a., 5A991.b.7., and 5A991.f., or of
``software'' specially designed or modified for the ``development'',
``production'', or ``use'' of equipment controlled by 5A991.a.,
5A991.b.7., and 5A991.f. (iv) 5E991 Limited to ``technology''

for the ``development'', ``production'' or ``use'' of equipment
controlled by 5A991.a., 5A991.b.7., or 5A991.f., or of ``software''
specially designed or modified for the ``development'',
``production'', or ``use'' of equipment controlled by 5A991.a.,
5A991.b.7., and 5A991.f.
    (v) 5A992 Equipment not controlled by 5A002 (see List of Items
Controlled).
    (vi) 5D992 ``Information Security'' ``software'' not controlled
by 5D002 (see List of Items Controlled).
    (6) Category 6 Sensors and Lasers
    (i) 6A991 Marine or terrestrial acoustic equipment, n.e.s.,
capable of detecting or locating underwater objects or features or
positioning surface vessels or underwater vehicles; and ``specially
designed'' ``parts'' and ``components,'' n.e.s.
    (ii) 6A993 Cameras, not controlled by 6A003 or 6A203 (see List
of Items Controlled).
    (iii) 6A995 ``Lasers'', not controlled by 6A005 or 6A205.
    (iv) 6A996 ``Magnetometers'' not controlled by ECCN 6A006,
``Superconductive'' electromagnetic sensors, and ``specially
designed'' ``components'' therefor, as follows (see List of Items
Controlled).
    (v) 6C992 Optical sensing fibers not controlled by 6A002.d.3
which are modified structurally to have a ``beat length'' of less
than 500 mm (high birefringence) or optical sensor materials not
described in 6C002.b and having a zinc content of equal to or more
than 6% by ``mole fraction.''
    (7) Category 7 Navigation and Avionics
    (i) 7A994 Other navigation direction finding equipment, airborne
communication equipment, all aircraft inertial navigation systems
not controlled under 7A003 or 7A103, and other avionic equipment,
including parts and components, n.e.s.
    (ii) 7B994 Other equipment for the test, inspection, or
``production'' of navigation and avionics equipment.
    (iii) 7D994 ``Software'', n.e.s., for the ``development'',
``production'', or ``use'' of navigation, airborne communication and
other avionics.
    (iv) 7E994 ``Technology'', n.e.s., for the ``development'',
``production'', or ``use'' of navigation, airborne communication,
and other avionics equipment.
    (8) Category 8 Marine
    (i) 8A992 Vessels, marine systems or equipment, not controlled
by 8A001 or 8A002, and ``specially designed'' ``parts'' and
``components'' therefor, and marine boilers and ``parts,''
``components,'' ``accessories,'' and ``attachments'' therefor (see
List of Items Controlled).
    (ii) 8D992 ``Software'' specially designed or modified for the
``development'', ``production'' or ``use'' of equipment controlled
by 8A992.
    (iii) 8E992 ``Technology'' for the ``development'',
``production'' or ``use'' of equipment controlled by 8A992.
    (9) Category 9 Propulsion Systems, Space Vehicles and Related
Equipment
    (i) 9A991 ``Aircraft'', n.e.s., and gas turbine engines not
controlled by 9A001 or 9A101 and ``parts'' and ``components,''
n.e.s. (see List of Items Controlled).
    (ii) 9B990 Vibration test equipment and ``specially designed''
``parts'' and ``components,'' n.e.s.
    (iii) 9D991 ``Software'', for the ``development'' or
``production'' of equipment controlled by 9A991 or 9B991.
    (iv) 9E991 ``Technology'', for the ``development'',
``production'' or ``use'' of equipment controlled by 9A991 or 9B991.

PART 758--EXPORT CLEARANCE REQUIREMENTS

0
13. The authority citation for part 758 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783.

0
14. In Sec.  758.1, add paragraph (b)(10) and revise paragraph (g)(3)
to read as follows:

Sec.  758.1   The Electronic Export Information (EEI) filing to the
Automated Export System (AES).

* * * * *
    (b) * * *
    (10) For all exports of items on the Commerce Control List to the
People's Republic of China, Russia, or Venezuela, regardless of value,
unless the export may be made under the exemption listed under
paragraph (c)(4) of this section.
* * * * *
    (g) * * *
    (3) No License Required (NLR) exports. You must report on any
required EEI filing to the AES the correct license code/license
exception code when using the ``NLR'' designation for the items that
are subject to the EAR but not listed on the Commerce Control List
(CCL) (i.e., items are designated as EAR99) (FTR license code ``C33''),
and when the items to be exported are listed on the CCL but are not
subject to a license requirement. In addition, you must enter the
correct ECCN on any required EEI filing for all items being exported
under the NLR provisions that have a reason for control other than or
in addition to anti-terrorism (AT), unless the items are destined to
China, Russia, or Venezuela. For items destined to China, Russia, or
Venezuela, you must enter the correct ECCN on any required EEI filing
regardless of reason for control.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

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

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.

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

0
16. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, remove the reference to ``Sec.  742.6(a)(7)'' in ECCNs
0A521, 0B521, 0C521, 0D521, and 0E521 and add in its place ``Sec.
742.6(a)(8)''.

0
17. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 0, the License Requirements sections of ECCNs 0A606, 0A617,
0D606, 0D617, 0E606, and 0E617 are revised to read as follows:

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

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
RS applies to 0A606.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0A606.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
0A617 Miscellaneous ``equipment,'' materials, 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 0A617.y  NS Column 1
RS applies to entire entry, except 0A617.y  RS Column 1
RS applies to 0A617.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1

UN applies to entire......................  See Sec.   764.1(b) for UN
entry, except 0A617.y.....................   controls

* * * * *
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, except 0D606.y  NS Column 1
RS applies to entire entry, except 0D606.y  RS Column 1
RS applies to 0D606.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0D606.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
0D617 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 0A617, ``equipment'' controlled by 0B617, or materials controlled
by 0C617 (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 0D617.y  NS Column 1
RS applies to entire entry, except 0D617.y  RS Column 1
RS applies to 0D617.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0D617.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
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, except 0E606.y  NS Column 1
RS applies to entire entry, except 0E606.y  RS Column 1
RS applies to 0E606.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0E606.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
0E617 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by ECCN 0A617,
``equipment'' controlled by 0B617, or materials controlled by 0C617,
or ``software'' controlled by ECCN 0D617 (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 0E617.y  NS Column 1
RS applies to entire entry, except 0E617.y  RS Column 1
RS applies to 0E617.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 0E617.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *

0
18. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 1, the License Requirements sections of ECCNs 1A613, 1D613,
and 1E613 are revised to read as follows:

1A613 Armored and protective ``equipment'' 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 1A613.y.  NS Column 1
RS applies to entire entry except 1A613.y.  RS Column 1
RS applies 1A613.y........................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 1A613.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
1D613 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 1A613 or 1B613, 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 1D613.y.  NS Column 1
RS applies to entire entry except 1D613.y.  RS Column 1
RS applies to 1D613.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 1D613.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
1E613 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 1A613 or
1B613 or ``software'' controlled by 1D613, 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 1E613.y.  NS Column 1
RS applies to entire entry except 1E613.y.  RS Column 1
RS applies to 1E613.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 1E613.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *

0
19. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 3, the License Requirements sections of ECCNs 3A611, 3D611,
and 3E611 are revised to read as follows:

3A611 Military electronics, as follows (see List of Items
Controlled).
Reason for Control: NS, RS, AT, UN

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

NS applies to entire entry except 3A611.y.  NS Column 1
RS applies to entire entry except 3A611.y.  RS Column 1
RS applies to 3A611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 3A611.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
3D611 ``Software'' ``specially designed'' for military electronics,
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 3D611.y.  NS Column 1
RS applies to entire entry except 3D611.y.  RS Column 1
RS applies to 3D611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 3D611.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
3E611 ``Technology'' ``required'' for military electronics, 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 3E611.y.  NS Column 1
RS applies to entire entry except 3E611.y.  RS Column 1
RS applies to 3E611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 3E611.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *

0
20. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 7, the License Requirements sections of ECCNs 7A611, 7D611,
and 7E611 are revised to read as follows:

7A611 Military fire control, laser, imaging, and guidance equipment,
as follows (see List of Items Controlled).

License Requirements

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

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

NS applies to entire entry except 7A611.y.  NS Column 1
MT applies to commodities in 7A611.a that   MT Column 1
 meet or exceed the parameters in 7A103.b
 or .c.
RS applies to entire entry except 7A611.y.  RS Column 1
RS applies to 7A611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 7A611.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
7D611 ``Software'' ``specially designed'' for commodities controlled
by 7A611 or equipment controlled by 7B611, as follows (see List of
Items Controlled).

License Requirements

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

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

NS applies to entire entry except 7D611.y.  NS Column 1
MT applies to 7D611.a ``software''          MT Column 1
 ``specially designed'' for 7A611.a
 commodities controlled for MT reasons.
RS applies to entire entry except 7D611.y.  RS Column 1
RS applies to 7D611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 7D611.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
7E611 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul or refurbishing of commodities controlled by 7A611,
commodities controlled by 7B611, or software controlled by 7D611, as
follows (see List of Items Controlled).

License Requirements

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

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

NS applies to entire entry except 7E611.y.  NS Column 1
MT applies to ``technology'' in 7E611.a if  MT Column 1
 ``required'' for items controlled for MT
 reasons in 7A611.a, 7B611.a, or 7D611.a.
RS applies to entire entry except 7E611.y.  RS Column 1
RS applies to 7E611.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 7E611.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *

0
21. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 8, the License Requirements sections of ECCNs 8A609, 8A620,
8D609, 8D620, 8E609, and 8E620 are 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

RS applies to 8A609.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8A609.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
8A620 Submersible vessels, oceanographic and associated 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 8A620.   NS Column 1
 b and .y.
RS applies to entire entry, except 8A620.y  RS Column 1
RS applies to 8A620.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8A620.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
8D609 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation or maintenance of commodities controlled
by 8A609, 8B609, or 8C609 (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 8D609.y  NS Column 1
RS applies to entire entry, except 8D609.y  RS Column 1
RS applies to 8D609.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8D609.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
8D620 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of commodities controlled
by 8A620 or 8B620 (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 8D620.b  NS Column 1
 and .y.
RS applies to entire entry, except 8D620.y  RS Column 1
RS applies to 8D620.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8D620.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
8E609 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 8A609, 8B609,
or 8C609, or ``software'' controlled by 8D609 (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 8E609.y  NS Column 1
RS applies to entire entry, except 8E609.y  RS Column 1
RS applies to 8E609.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8E609.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *
8E620 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities controlled by 8A620 or
8B620, or ``software'' controlled by 8D620 (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 8E620.b  NS Column 1
 and .y.
RS applies to entire entry, except 8E620.y  RS Column 1
RS applies to 8E620.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 8E620.y  See Sec.   746.1(b) for UN
                                             controls

* * * * *

0
22. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, remove the reference to ``Sec.  742.6(a)(8)'' in the
License Requirement Notes in ECCNs 9A515 and 9E515 and add in its place
``Sec.  742.6(a)(9)''.

0
23. In Supplement No. 1 to Part 774 (the Commerce Control List),
Category 9, the License Requirements sections of ECCNs 9A515, 9D515,
9E515, 9A610, 9A619, 9B619, 9D610, 9D619, 9E610, and 9E619 are revised
to read as follows:

9A515 ``Spacecraft'' and related commodities, as follows (see List
of Items Controlled).

License Requirements

Reason for Control: NS, RS, MT, AT

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

NS applies to entire entry, except .e and   NS Column 1
 .y.
RS applies to entire entry, except .e and   RS Column 1
 .y.
RS applies to 9A515.e.....................  RS Column 2
RS applies to 9A515.y, except to Russia     China, Russia, or Venezuela
 for use in, with, or for the                (see Sec.   742.6(a)(7))
 International Space Station (ISS),
 including launch to the ISS.
MT applies to microcircuits in 9A515.d and  MT Column 1
 9A515.e.2 when ``usable in'' ``missiles''
 for protecting ``missiles'' against
 nuclear effects (e.g., Electromagnetic
 Pulse (EMP), X-rays, combined blast and
 thermal effects). MT also applies to
 9A515.h when the total impulse capacity
 is equal to or greater than 8.41x10[and]5
 newton seconds.
AT applies to entire entry................  AT Column 1

* * * * *
* * * * *

9D515 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of ``spacecraft'' and related commodities,
as follows (see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT

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

NS applies to entire entry except 9D515.y.  NS Column 1
RS applies to entire entry except 9D515.y.  RS Column 1
RS applies to 9D515.y, except to Russia     China, Russia, or Venezuela
 for use in, with, or for the                (see Sec.   742.6(a)(7))
 International Space Station (ISS),
 including launch to the ISS.
AT applies to entire entry................  AT Column 1

* * * * *
9E515 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, repair, overhaul, or
refurbishing of ``spacecraft'' and related commodities, as follows
(see List of Items Controlled).

License Requirements

Reason for Control: NS, MT, RS, AT

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

NS applies to entire entry except 9E515.y.  NS Column 1
MT applies to technology for items in       MT Column 1
 9A515.d, 9A515.e.2, and 9B515.a
 controlled for MT reasons.
RS applies to entire entry except 9E515.y.  RS Column 1
RS applies to 9E515.y, except to Russia     China, Russia, or Venezuela
 for use in, with, or for the                (see Sec.   742.6(a)(7))
 International Space Station (ISS),
 including launch to the ISS.
AT applies to entire entry................  AT Column 1

* * * * *
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.
RS applies to 9A610.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
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

* * * * *
9A619 Military gas turbine engines 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 9A619.y.  NS Column 1
RS applies to entire entry except 9A619.y.  RS Column 1
RS applies to 9A619.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9A619.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
9B619 Test, inspection, and production ``equipment'' and related
commodities ``specially designed'' for the ``development'' or
``production'' of commodities enumerated or otherwise described in
ECCN 9A619 or USML Category XIX (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 9B619.y.  NS Column 1
RS applies to entire entry except 9B619.y.  RS Column 1
RS applies to 9B619.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9B619.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
9D610 Software ``specially designed'' for the ``development,''
``production,'' operation, or maintenance of military aircraft and
related commodities controlled by 9A610, equipment controlled by
9B610, or materials controlled by 9C610 (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 9D610.y.  NS Column 1
MT applies to software ``specially          MT Column 1
 designed'' for the operation,
 installation, maintenance, repair,
 overhaul, or refurbishing of commodities
 controlled for MT reasons in 9A610 or
 9B610.
RS applies to entire entry except 9D610.y.  RS Column 1
RS applies to 9D610.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9D610.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
9D619 Software ``specially designed'' for the ``development,''
``production,'' operation or maintenance of military gas turbine
engines and related commodities controlled by 9A619, equipment
controlled by 9B619, or materials controlled by 9C619 (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 9D619.y.  NS Column 1
RS applies to entire entry except 9D619.y.  RS Column 1
RS applies to 9D619.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9D619.y.  See Sec.   746.1(b)
                                            for UN controls

* * * * *
9E610 Technology ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of military aircraft and related
commodities controlled by 9A610, equipment controlled by 9B610,
materials controlled by 9C610, or software controlled by 9D610 (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 9E610.y.  NS Column 1
RS applies to entire entry except 9E610.y.  RS Column 1
RS applies to 9E610.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
MT applies to ``technology'' ``required''   MT Column 1
 for the ``development,'' ``production,''
 operation, installation, maintenance,
 repair, overhaul, or refurbishing of
 commodities or software controlled for MT
 reasons in 9A610, 9B610, or 9D610 for MT
 reasons.
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9E610.y.  See Sec.   746.1(b) for UN
                                             controls

* * * * *
9E619 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of military gas turbine engines and
related commodities controlled by 9A619, equipment controlled by
9B619, materials controlled by 9C619, or software controlled by
9D619 (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 9E619.y.  NS Column 1
RS applies to entire entry except 9E619.y.  RS Column 1
RS applies to 9E619.y.....................  China, Russia, or Venezuela
                                             (see Sec.   742.6(a)(7))
AT applies to entire entry................  AT Column 1
UN applies to entire entry except 9E619.y.  See Sec.   746.1(b)
                                            for UN controls

Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 2020-07241 Filed 4-27-20; 8:45 am]
 BILLING CODE 3510-33-P


[Federal Register Volume 74, Number 94 (Monday, May 18, 2009)]
[Notices]
[Pages 23210-23211]
[FR Doc No: E9-11425]

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

DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2009-0008]

The Lead in Construction Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comment.

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

SUMMARY: OSHA solicits comments concerning its proposal to extend OMB
approval of the information collection requirements contained in the
Lead in Construction Standard (29 CFR 1926.62).

DATES: Comments must be submitted (postmarked, sent, or received) by
July 17, 2009.

ADDRESSES:
    Electronically: You may submit comments and attachments
electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal. Follow the instructions online for submitting
comments.
    Facsimile: If your comments, including attachments, are not longer
than 10 pages, you may fax them to the OSHA Docket Office at (202) 693-
1648.
    Mail, hand delivery, express mail, messenger, or courier service:
When using this method, you must submit three copies of your comments
and attachments to the OSHA Docket Office, Docket No. OSHA-2009-0008,
U.S. Department of Labor, Occupational Safety and Health
Administration, Room N-2625, 200 Constitution Avenue, NW., Washington,
DC 20210. Deliveries (hand, express mail, messenger, and courier
service) are accepted during the Department of Labor's and Docket
Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t.
    Instructions: All submissions must include the Agency name and OSHA
docket number for the ICR (OSHA-2009-0008). All comments, including any
personal information you provide, are placed in the public docket
without change, and may be made available online at http://www.regulations.gov. For further information on submitting comments see
the ``Public Participation'' heading in the section of this notice
titled SUPPLEMENTARY INFORMATION.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov or the OSHA Docket Office at
the address above. All documents in the docket (including this Federal
Register notice) are listed in the http://www.regulations.gov index;
however, some information (e.g., copyrighted material) is not publicly
available to read or download through the Web site. All submissions,
including copyrighted material, are available for inspection and
copying at the OSHA Docket Office. You may contact Jamaa Hill at the
address below to obtain a copy of the Information Collection Request
(ICR).

FOR FURTHER INFORMATION CONTACT: Jamaa N. Hill or Todd Owen,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210;
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of its continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA-95) (44 U.S.C. 3506(c)(2)(A)).
    This program ensures that information is in the desired format,

reporting burden (time and costs) is minimal, collection instruments
are clearly understood, and OSHA's estimate of the information
collection burden is accurate. The Occupational Safety and Health Act
of 1970 (the Act) (29 U.S.C. 651 et seq.) authorizes information
collection by employers as necessary or appropriate for enforcement of
the Act or for developing information regarding the causes and
prevention of occupational injuries, illnesses, and accidents (29
U.S.C. 657).
    OSHA is requesting approval from the Office of Management and
Budget (OMB) for certain information collection requirements contained
in the Lead in Construction Standard (29 CFR 1926.62). The purpose of
the Lead in Construction Standard and its information collection
requirements is to reduce occupational lead exposure in the
construction industry. Lead exposure can result in both acute and
chronic effects and can be fatal in severe cases of lead toxicity. Some
of the health affects associated with lead exposure include brain
disorders which can lead to seizures, coma, and death; anemia;
neurological problems; high blood pressure; kidney problems;
reproductive problems; and decreased red blood cell production. The
Standard requires that employers: Establish and maintain a training
program; review the compliance program annually; provide exposure
monitoring, and medical surveillance programs; and maintain exposure
monitoring and medical surveillance records. The records are used by
employees, physicians, employers and OSHA to determine the
effectiveness of the employer's compliance efforts. The Standard seeks
to reduce disease by requiring exposure monitoring to determine if lead
exposures are too high, by requiring medical surveillance to determine
if employee blood lead levels are too high, and by requiring treatment
to reduce blood lead levels.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the Agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply;
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    OSHA is requesting that OMB extend its approval of the information
collection requirements contained in the Lead in Construction Standard
(29 CFR 1926.62). OSHA is proposing to decrease the burden hours by
196,906 hours, from 1,560,717 hours to 1,363,811 hours due to the
Agency reducing the number of firms, workers and projects affected by
the Standard. Additionally, there is a cost reduction of $5,321,847,
from $68,576,673 to $63,254,826. The decrease is primarily the result
of the Agency reducing the number of examinations and consultations
covered under biological monitoring (medical surveillance) Sec.
1926.62(j).
    The Agency will summarize the comments submitted in response to
this notice and will include this summary in the request to OMB.
    Type of Review: Extension of a currently approved collection.
    Title: Lead in Construction Standard (29 CFR 1926.62).
    OMB Number: 1218-0189.
    Affected Public: Business or other for-profits; Federal Government;
State, Local, or Tribal Government.
    Number of Respondents: 136,484.
    Frequency of Response: On occasion.
    Average Time per Response: Varies from 1 minute (.02 hour) for a
clerical employee to notify employees of their right to seek a second
medical opinion to 8 hours to develop a compliance plan.
    Estimated Total Burden Hours: 1,363,811 hours.
    Estimated Cost (Operation and Maintenance): $63,254,826.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (FAX); or (3) by hard copy. All
comments, attachments, and other material must identify the Agency name
and the OSHA docket number for the ICR (Docket No. OSHA-2009-0008). You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify your electronic comments
by your name, date, and the docket number so the Agency can attach them
to your comments.
    Because of security procedures, the use of regular mail may cause a
significant delay in the receipt of comments. For information about
security procedures concerning the delivery of materials by hand,
express delivery, messenger, or courier service, please contact the
OSHA Docket Office at<PHONE_NUMBER> (TTY<PHONE_NUMBER>).
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
date of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
Web site. All submissions, including copyrighted material, are
available for inspection and copying at the OSHA Docket Office.
Information on using the http://www.regulations.gov Web site to submit
comments and access the docket is available at the Web site's ``User
Tips'' link. Contact the OSHA Docket Office for information about
materials not available through the Web site, and for assistance in
using the Internet to locate docket submissions.

V. Authority and Signature

    Jordan Barab, Acting Assistant Secretary of Labor for Occupational
Safety and Health, directed the preparation of this notice. The
authority for this notice is the Paperwork Reduction Act of 1995 (44
U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 5-2007 (72 FR
31160).

    Signed at Washington, DC, this 11th day of May 2009.
Jordan Barab,
 Acting Assistant Secretary of Labor for Occupational Safety and
Health.
[FR Doc. E9-11425 Filed 5-15-09; 8:45 am]
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[Federal Register: September 23, 2008 (Volume 73, Number 185)]
[Notices]
[Page 54877]
[DOCID:fr23se08-119]

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SECURITIES AND EXCHANGE COMMISSION

[File No. 500-1]

In the Matter of Quality Resorts of America, Inc., Quentra
Networks, Inc., and Quokka Sports, Inc.; Order of Suspension of Trading

September 19, 2008.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Quality Resorts of America, Inc. because it has not filed any periodic
reports since the period ended June 30, 1997.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Quentra Networks, Inc. because it has not filed any periodic reports
since the period ended September 30, 2000.
    It appears to the Securities and Exchange Commission that there is
a lack of current and accurate information concerning the securities of
Quokka Sports, Inc. because it has not filed any periodic reports since
the period ended December 31, 2000.
    The Commission is of the opinion that the public interest and the
protection of investors require a suspension of trading in the
securities of the above-listed companies.
    Therefore, it is ordered, pursuant to Section 12(k) of the
Securities Exchange Act of 1934, that trading in the securities of the
above-listed companies is suspended for the period from 9:30 a.m. EDT
on September 19, 2008, through 11:59 p.m. EDT on October 2, 2008.

    By the Commission.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E8-22373 Filed 9-19-08; 4:15 pm]

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