[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85487-85495]
[FR Doc No: 2023-26682]

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 774

[Docket No.<PHONE_NUMBER>]
RIN 0694-AI66

Export Administration Regulations for Missile Technology Items:
2018, 2019, and 2021 Missile Technology Control Regime Plenary
Agreements; and License Exception Eligibility

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 reflect changes to the
Missile Technology Control Regime (MTCR) Annex that were agreed to by
MTCR member countries at the Technical Experts Meetings (TEMs) in March
and November 2018, May and October 2019, and October 2021. This rule
also expands the eligibility for the use of license exceptions under
the EAR for MT-controlled items. These changes to license exception
eligibility are also being made as part of a broader effort announced
today that will liberalize several categories of export licensing
requirements and the availability of export license exceptions for key
allied and partner countries, as well as for members of certain
multilateral export control regimes.

DATES: This rule is effective December 8, 2023.

FOR FURTHER INFORMATION CONTACT: Sharon Bragonje, Nuclear and Missile
Technology Controls Division, Bureau of Industry and Security, Phone:
(202) 482-0434; Email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Missile Technology Control Regime (MTCR or Regime) is an export
control arrangement among 35 nations, including most of the world's
suppliers of advanced missiles and missile-related equipment,
materials, software, and technology. The regime establishes a common
list of controlled items (the Annex) and a common export control policy
(the Guidelines) that member countries implement in accordance with
their national export controls. The MTCR seeks to limit the risk of
proliferation of weapons of mass destruction by controlling exports of
goods and technologies that could make a contribution to delivery
systems (other than manned aircraft) for such weapons.
    In 1993, the MTCR's original focus on missiles for nuclear weapons
delivery was expanded to include the proliferation of missiles for the
delivery of all types of weapons of mass destruction (WMD), i.e.,
nuclear, chemical, and biological weapons. Such proliferation has been
identified as a threat to international peace and security. One way to
address this threat is to maintain vigilance over the transfer of
missile equipment, material, and related technologies usable for
systems capable of delivering WMD. MTCR members voluntarily pledge to
adopt the Regime's export Guidelines and to restrict the export of
items contained in the Regime's Annex. The Regime's Guidelines are
implemented through the national export control laws, regulations and
policies of the regime members.

Amendments to the Export Administration Regulations (EAR)

    This final rule, as further described in section A of this
preamble, revises six ECCNs under the EAR to reflect changes to the
MTCR Annex agreed to at the March 2018 Technical Experts Meeting (TEM)
in Reykjavik, Iceland; November 2018 TEM in Basel, Switzerland; May
2019 TEM in Berlin, Germany; October 2019 TEM in Auckland, New Zealand;
and October 2021 TEM in Sochi, Russian Federation. References are
provided below for the MTCR Annex changes agreed to at the meetings
that correspond to the EAR revisions described below. These changes are
primarily editorial corrections to these ECCNs for consistency with the
MTCR Annex. This rule also makes changes to the Commerce Control List
(CCL) (supplement no. 1 to part 774 of the EAR) to conform with the
MTCR Annex. All of the changes in this final rule align the MT controls
on the CCL with the MTCR Annex. In the discussion below, BIS identifies
the origin of each change in the regulatory text of this final rule by
using one the following parenthetical phrases: (Reykjavik 2018 TEM),
(Basel 2018 TEM), (Berlin 2019 TEM), (Auckland 2019 TEM), (Sochi 2021
TEM), or (Changes to Align with MTCR Annex).
    This final rule expands the eligibility of license exceptions for
MT-controlled items, as further described in section B, by amending the
EAR to expand the eligibility for the use of four license exceptions
under the EAR for MT-controlled items and to add one new license
exception authorization under an existing license exception. In
addition, this rule revises the general restriction on the use of
license exceptions to ensure that the limited set of additional license
exception authorizations specified are not available for destinations
of concern for missile technology reasons or that are subject to a U.S.
arms embargo and makes conforming changes where needed to license
exceptions to ensure that only certain license exceptions or portions
of license exceptions will be available for MT-controlled items. These
changes to license exception eligibility for MT-controlled items will
better harmonize the availability of license exceptions for such items
with the availability of license exceptions that are available for
other items of similar sensitivity under the EAR. Because of the terms
and conditions of existing licenses exceptions there will only be a
limited number of license exceptions or portions of those license
exceptions that will be available for MT-controlled items.
    Making these limited additional license exceptions or portions of
those license exceptions available will ease the burden on exporters,
reexporters, and transferors and allow for BIS, as well as the other
agencies that review BIS licenses, to focus its license reviews on
transactions that warrant individual reviews through the license review
process.
    The changes with this rule to license exception eligibility and two
other ally and partner rules published today are part of a broad effort
to liberalize controls for allies and partner countries under the EAR
(15 CFR parts 730-774). Together, these rules will ease several
categories of export licensing requirements and increase the
availability of export license exceptions for key allied and partner
countries, as well as members of certain multilateral export control
regimes.

A. Amendments to the Commerce Control List (CCL) To Reflect Changes to
the MTCR Annex

    This final rule amends the CCL to reflect changes to the MTCR Annex
by amending six ECCNs, as follows:
    ECCN 1C111. This final rule amends ECCN 1C111 by adding a new
``items'' paragraph e in the List of Items Controlled section to
control Dimethylaminoethylazide (DMAZ) (CAS 86147-04-8) as a Hydrazine
replacement fuel, and [Reserves] ``items'' paragraph e.2 to conform to
Federal Register requirements for the addition of ``items'' paragraph
e.1 (Changes to Align with MTCR Annex). DMAZ was added to the MTCR
Annex in 2014. At the time, it was not added to the United States
Munitions List (USML) or the CCL. This change to ECCN 1C111 corrects
that oversight, ensuring that DMAZ will be appropriately controlled
under the EAR and consistent with U.S. Government commitments to the
MTCR. This is consistent with the 2014 rules that transitioned
hydrazine and its derivatives to the CCL. These changes are expected to
result in an increase of three to five license applications received
annually by BIS, due to the low volume of such items exported.
    In addition, BIS takes this opportunity to correct the ITAR
citation regarding ferrocene derivatives controlled under Category
V(f)(4) in paragraph (2) of the Related Controls paragraph in the List
of Items Controlled section. Ferrocene derivatives were moved from
paragraph (f)(3) to (f)(4) by Department of State Export Control Reform
(ECR) rule 79 FR 34, Jan. 2, 2014, but were not included in the
companion BIS rule, 79 FR 264, Jan. 2, 2014. To preclude the need for
similar amendments in the future, the citation is limited to the higher
level USML Category. A corresponding revision is made in reference to
Inhibited Red Fuming Nitric Acid in Related Controls paragraph (5).
    ECCN 2A101. This final rule amends ECCN 2A101 by revising the
heading to add the word ``of'' after the phrase ``having all,'' so this
part of the heading will now read as ``having all of the following
characteristics.'' This is an editorial correction for consistency with
the MTCR Annex that does not substantively change the scope of ECCN
2A101 (MTCR Annex Change, Category II: Item 3.A.7., Reykjavik 2018
TEM). These changes are not expected to have any impact on the number
of license applications received by BIS.
    ECCN 2B119. This final rule amends ECCN 2B119 by revising ``items''
paragraph a in the List of Items Controlled section. In ``items''
paragraph a, this final rule adds the word ``of'' after the phrase
``having all,'' so the control parameter will now read as ``balancing
machines having all of the following characteristics.'' This is an
editorial correction for consistency with the MTCR Annex that does not
substantively change the scope of ECCN 2B119 (MTCR Annex Change,
Category II: Item 9.B.2., Reykjavik 2018 TEM). This change is not
expected to have any impact on the number of license applications
received by BIS.
    ECCN 6A107. This final rule amends ECCN 6A107 by revising ``items''
paragraphs a, in the List of Items Controlled section. In ``items''
paragraphs a, this final rule adds the word ``of'' after the phrase
``having all'' and adds the word ``characteristics'' after the word
``following,'' so the control parameter will now read as ``Gravity
meters having all of the following characteristics.'' This is an
editorial correction for consistency with the MTCR Annex that does not
substantively change the scope of the ECCN (MTCR Annex Change, Category
II: Item 12.A.3., Reykjavik 2018 TEM). These changes are not expected
to have any impact on the number of license applications received by
BIS.
    ECCN 9A101. This final rule amends ECCN 9A101 by revising ``items''
paragraphs a.2 in the List of Items Controlled section to remove the
parenthetical phrase ``at maximum continuous power at sea level static
conditions using the ICAO standard atmosphere.'' This final rule also
redesignates Technical notes 2 and 3 as Technical notes 3 and 4,
respectively, and adds a new Technical Note 2 in the

List of Items Controlled section (MTCR Annex Change, Category II: Item
3.A.1., Berlin 2019 TEM). This final rule adds new Technical note 2 to
specify that specific fuel consumption is determined at maximum
continuous thrust for engine type un-installed at sea level static
conditions using the ICAO standard atmosphere. This change is a
correction on how specific fuel consumption is determined--using thrust
rather than power. Additionally, the parenthetical phrase in ``items''
paragraph a.2 is being moved from a parenthetic in the control text to
a technical note, where it better belongs in the context of ECCN 9A101.
This is a clarification and will not change any scope of control. These
changes are not expected to have any impact on the number of license
applications received by BIS.
    ECCN 9E515. This final rule amends ECCN 9E515 by revising the
``MT'' paragraph in the table in the License Requirements section to
add a reference to ECCN 9A515.h to specify the MT control applies to
technology for items in ECCN 9A515.h (Change to Align with MTCR Annex).
This addition is to correct an oversight to ensure the MT technology
control appropriately extends to all the intended MT commodities. The
technology for ECCN 9A515.h., which has an MT control, should be
controlled under ECCN 9E515. This correction will align the technology
control in ECCN 9E515 with 20.A.1.b.2./20.E.1. in the MTCR Annex. These
changes are not expected to have any impact on the number of license
applications received by BIS.

B. Changes to License Exception Eligibility for MT-Controlled Items

    This final rule makes changes to the EAR for license exception
eligibility for MT-controlled items. These changes consist of the
following: (1) revising the general restriction on the use of license
exceptions for MT-controlled items in Sec.  740.2(a)(5); (2) revising
the terms and conditions of four license exceptions: License Exceptions
TMP under Sec.  740.9(b)(1)(i) and (b)(2)(ii)(C), GOV under Sec.
740.11 introductory text, TSU under Sec.  740.2(d)(2) to add additional
requirements or exclusions for items controlled for MT items; and (3)
adding a new authorization to existing License Exception AVS under
Sec.  740.15(b)(2), under a new paragraph (b)(2)(ii).
    BIS emphasizes that it is important to understand that although
this final rule revises the general restriction on the use of license
exceptions for MT-controlled items to make it more narrowly focused,
that the majority of EAR license exceptions will still not be available
because the terms and conditions of those license exceptions do not
allow for MT-controlled items, e.g., License Exception GBS, which is
only available to overcome a license requirement for items that are
only controlled for national security (NS) reasons.
    BIS identifies here the thirteen License Exceptions that are not
available for items that are MT controlled:
     Sec.  740.3 Shipments of limited value (LVS);
     Sec.  740.4 Shipments to Country Group B countries (GBS);
     Sec.  740.6 Technology and software under restriction
(TSR);
     Sec.  740.7 Computers (APP);
     Sec.  740.8 Notified Advanced Computing (NAC);
     Sec.  740.12 Gift parcels and humanitarian donations
(GFT);
     Sec.  740.14 Baggage (BAG);
     Sec.  740.17 Encryption commodities, software, and
technology (ENC);
     Sec.  740.18 Agricultural commodities (AGR);
     Sec.  740.19 Consumer Communications Devices (CCD);
     Sec.  740.20 License Exception Strategic Trade
Authorization (STA);
     Sec.  740.21 Support for the Cuban People (SCP); and
     Sec.  740.22 Authorized Cybersecurity Exports (ACE).
    BIS identifies here the six license exceptions, or portions of
those license exceptions, that are available for items that are MT
controlled (only the referenced paragraphs will be eligible for MT-
controlled items) for any destination other than destinations
identified under Country Groups D:4 or D:5 in supplement no. 1 to part
740:
     Sec.  740.9 Temporary imports, exports, reexports, and
transfers (in-country) (TMP) for paragraphs (a)(1), (a)(3) through (8)
and (a)(10), (b)(1) through (b)(3), and Notes 2, 3, and 4 to paragraph
(b), excluding any commodity controlled under ECCN 9A012 that is
``capable of'' delivering at least 500 kilograms payload to a range of
at least 300 kilometers;
     Sec.  740.10 License Exception Servicing and replacement
of parts and equipment (RPL) for paragraphs (a) and (b);
     Sec.  740.11 Governments, international organizations,
international inspections under the Chemical Weapons Convention, and
the International Space Station (GOV) for paragraph (b)(2) (as
described below under section B.2.ii, this final rule adds a new
exclusion to the introductory text of License Exception GOV to exclude
all other paragraphs under this license exception for MT-controlled
items);
     Sec.  740.13 Technology and software--unrestricted (TSU)
for paragraphs (a), (b), (c), and (g) (as described below under section
B.2.iii, this final rule adds a new exclusion to exclude MT controlled
software from paragraph (d));
     Sec.  740.15 Aircraft, vessels and spacecraft (AVS) for
paragraphs (b)(1), (b)(2) (including the new authorization this final
rule adds to paragraph (b)(2)(ii) (as described below under section B.3
of this final rule)), (b)(3), (b)(4), (c)(1), (c)(2), (e), and (f); and
     Sec.  740.16 Additional permissive reexports (APR) for
paragraphs (c), (d), (e), and (f).
    BIS provides the two lists of license exceptions above to assist
with public understanding on the scope and impact of these license
exception changes in this final rule for MT-controlled items. BIS notes
here that in order to use any EAR license exception at the time of
export, reexport, or transfer (in-country), the exporter, reexporter,
or transferor must review and make a determination that they meet all
of the applicable requirements of the license exception to be used as
the authorization and that the export, reexport, or transfer (in-
country) is not otherwise restricted under any of the general
restrictions under Sec.  740.2.
    These changes for license exception eligibility for MT-controlled
items described under section B of this final rule are expected to
result in a reduction of 400 license applications per year received by
BIS.
1. Revising the General Restriction on the Use of License Exceptions
for MT-Controlled Items To Allow the Use of Portions of Additional
License Exceptions
    In Sec.  740.2 Restrictions on all License Exceptions, this final
rule revises paragraph (a)(5) to make the general restriction on the
use of license exceptions for MT-controlled items to allow the use of
portions of additional license exceptions. Prior to this final rule,
this provision restricted the use of all EAR license exceptions for MT-
controlled items, except for the limited number of ECCNs identified in
paragraphs (a)(5)(i) and (ii) for the specified license exceptions or
portions of those license exceptions (i.e., when MT-controlled items
identified in paragraph (a)(5)(i) are exported as part of a spacecraft,
manned aircraft, land vehicle or marine vehicle or in quantities
appropriate for replacement parts for such applications under Sec.
740.9(a)(4) (License Exception TMP for kits consisting of replacement
parts), Sec.  740.10 (License Exception RPL), Sec.  740.13 (License
Exception TSU), or Sec.  740.15(b) (License Exception AVS for

equipment and spare parts for permanent use on a vessel, aircraft or
spacecraft; or for ECCNs 2A001 or 2A101 identified in paragraph
(a)(5)(ii) are exported under Sec.  740.9(a)(4) (License Exception TMP)
or Sec.  740.10 (License Exception RPL) as one-for-one replacement for
equipment previously legally exported, reexported, or transferred (in-
country)).
    The restriction under paragraph (a)(5) was originally included in
the EAR to reflect a statutory restriction in the Export Administration
Act of 1979 (EAA), which was repealed in 2018. The limited license
exceptions previously available were in accordance with provisions of
the MTCR Annex that stipulate that controls do not extend to certain
items for use in manned aircraft or other non-missile applications. The
restriction under paragraph (a)(5) had some effects that are
inconsistent with current national security and foreign policy
interests. For example, the export of an MT-controlled item to the U.S.
Department of Defense for its own use, prior to this final rule, would
have required the submission of a BIS license application. BIS is also
aware that other MTCR member countries, as permissible under their own
national discretion in implementing their MTCR commitments, allow in
certain cases for the use of authorizations for certain MT Annex items
that would be equivalent to EAR license exceptions, e.g., for trade of
MTCR Annex items from the EU or UK to certain other countries,
including the United States.
    This restriction on the use of license exceptions for MT-controlled
items was not included in ECRA. Because there is no longer a statutory
restriction and for policy reasons such a general restriction is no
longer warranted (e.g., some of the examples referenced in the
preceding paragraph of instances in which license exception eligibility
for MT items would advance U.S. national security and foreign policy
interests), this final rule revises the general restriction on the use
of license exceptions for MT-controlled items to allow the use of
portions of additional license exceptions. This change will better
harmonize the availability of license exceptions for MT-controlled
items under the EAR with those available for other EAR items of similar
sensitivity and advance U.S. national security and foreign policy
interests. BIS considered completely removing the general restriction,
but took into account that exporters, reexporters, and transferors were
already familiar with the general restriction placement in the EAR and
that because many license exceptions, based on the other terms and
conditions of those license exceptions would not be eligible for MT-
controlled items regardless of whether there was a general restriction,
BIS determined it would be easier to identify an exhaustive, positive
list of license exceptions and portions of license exceptions that will
be available under the EAR for MT-controlled items to overcome the
general restriction instead of making exporter, reexporters, and
transferors review the terms and conditions of each of the EAR license
exceptions to make those determinations.
    The revision of the general restriction on the use of license
exceptions results in only limited availability of additional license
exceptions for MT-controlled items, as specified above under section B
introductory text.
    In order to implement this change, this final rule revises Sec.
740.2(a)(5)(i) to specify no license exceptions may be used for MT-
controlled items and then specifies under new paragraphs (a)(5)(i)(A)
through (G) the license exceptions or other license exceptions that
will be available for MT-controlled items to destinations other than
those identified in Country Groups D:4 or D:5 (see supplement no. 1 to
part 740 of the EAR). The purpose of this revision is to limit the
expanded license exception eligibility this rule adds to only those
destinations that are not of concern for missile technology reasons
specified under Country Group D:4 and not subject to a U.S. arms
embargo. This final rule will retain the status quo on the license
exception restrictions on destinations identified under Country Groups
D:4 or D:5. However, to ensure that the very limited license exception
eligibility under Sec.  740.2(a)(5)(i) and (ii) that previously was
available for all destinations, including those identified under
Country Group D:4 or D:5, provided the license exception was not
excluded under the respective license exceptions under part 740 or the
respective embargoes or sanctions sections under part 746, this final
rule revises paragraph (a)(5)(ii) to specify that the ECCNs identified
under paragraphs (a)(5)(i) and (ii) prior to this final rule are still
available for destinations identified in Country Groups D:4 or D:5,
provided the terms and conditions in parts 740 and 746 as applicable
are met and none of the part 744 end-use and end-user controls are
applicable.
2. Revising the Terms and Conditions of Three License Exceptions To
Account for the New Eligibility of MT-Controlled Items
i. License Exception TMP
    In Sec.  740.9(a) Temporary imports, exports, reexports, and
transfers (in-country) (TMP), this final rule revises the introductory
text of paragraphs (a) and (b) to specify that these two paragraphs do
not authorize any export, reexport, or transfer (in-country) of a
commodity controlled under ECCN 9A012 that is ``capable of'' delivering
at least 500 kilograms payload to a range of at least 300 kilometers.
This final rule revises the first sentence of paragraph (a)(1), which
authorizes exports or certain tools of trade to specify MT controlled
commodities or software are not eligible for Country Groups D:4 and
D:5, which is also addressed under the restriction this rule adds to
Sec.  740.2(a)(5)(ii), but as an additional reminder this rule includes
the additional restriction. This final rule under paragraph (b)(1),
which authorizes the export of certain items moving in transit through
the United States, adds an exclusion for items controlled for MT
reasons when the export is to a Country Group D:4 country in supplement
no. 1 to part 740. The exclusion under paragraph (b)(1)(i) had already
applied to national security (NS) reasons, nuclear proliferation (NP)
reasons, and chemical and biological weapons (CB) when the export was
to a country of concern for NS, NP, or CB under Country Groups D:1,
D:2, or D:3, respectively. Because MT-controlled items under the
changes in this final rule are now eligible for this paragraph (b)(1)
authorization, the same type of exclusion under paragraph (b)(1)(i) is
needed for items controlled for MT reasons when the export is to a
destination of concern for missile technology, destinations under
Country Group D:4.
    This final rule also revises paragraph (b)(2) (Items imported for
marketing, or for display at U.S. exhibitions or trade fair), to revise
the exclusion under paragraph (b)(2)(ii)(C), to add the same type of
exclusion that this final rule adds to paragraph (b)(1)(i), for items
controlled for MT reasons to not be allowed to be exported under this
paragraph (b)(2)(ii)(C) authorization when the export is to a
destination in Country Group D:4.
ii. License Exception GOV
    In Sec.  740.11 Governments, international organizations,
international inspections under the Chemical Weapons Convention, and
the

International Space Station (GOV), this final rule adds one sentence at
the end of the introductory text of the section to specify that for
items controlled for MT reasons that they are only eligible for
transactions described in paragraphs (b)(2) (United States Government)
of this section. No other authorizing paragraphs under License
Exception GOV will be eligible for items controlled for MT reasons.
iii. License Exception TSU
    In Sec.  740.13 Technology and software--unrestricted (TSU), this
final rule revises paragraph (d) (General Software Note: mass market
software) by adding one sentence to the end of the exclusions under
paragraph (d)(2) to specify that the paragraph (d) authorization is not
available for any software that is controlled for missile technology
(MT) reasons. Because of the terms that must be met in order to use
Sec.  740.13(d) prior to this final rule, it is unlikely that software
controlled for MT reasons would be eligible for this authorization, but
to make it explicit that software controlled for MT reasons is not
eligible under paragraph (d) under any case, this final rule specifies
that in the paragraph (d)(2) exclusions.
3. Adding a New Authorization to Existing License Exception AVS for
ECCNs 7A101, 7A102, and 7A103
    In Sec.  740.15 Aircraft, vessels and spacecraft (AVS), this final
rule revises paragraph (b)(2) (Aircraft) to redesignate the existing
paragraph (b)(2) authorization text as new paragraph (b)(2)(i),
including adding the term transferred (in-country) for clarity. This
final rule also adds a new paragraph (b)(2)(ii) that will authorize
exports, reexports, and transfers (in-country) to any destination
identified in Country Group A:2 and supplement no. 3 to part 746 of
ECCNs 7A101, 7A102, or 7A103 when the commodities are for use in or for
the ``production'' of civil manned aircraft. For commodities controlled
for MT reasons, these three ECCNs are the subject of some of the most
common license applications that BIS reviews and the specific end uses
involving the use of these commodities in civil manned aircraft and for
the ``production'' of civil manned aircraft are the most common end
uses specified in these licenses. Provided these licenses do not
involve a part 744 prohibited end use or end user concern or a
destination of missile technology concern identified under Country
Group D:4 or subject to a U.S. arms embargo identified under Country
Group D:5, these types of license applications are regularly approved.
Accordingly, creation of a license exception authorization under new
paragraph (b)(2)(ii) to authorize these exports, reexports, and
transfers (in-country), provided the terms and conditions of the
authorization are met and the general restrictions under Sec.  740.2
are not otherwise applicable, is warranted. As an additional safeguard,
this final rule limits the country scope of this new authorization to
only destinations that are identified in Country Group A:2 and
supplement no. 3 to part 746.

Savings Clause

    For the changes being made in this final rule, shipments of items
removed from eligibility for a License Exception or export, reexport,
or transfer (in-country) without a license (NLR) as a result of this
regulatory action that were en route aboard a carrier to a port of
export, reexport, or transfer (in-country), on December 8, 2023,
pursuant to actual orders for export, reexport, or transfer (in-
country) to or within a foreign destination, may proceed to that
destination under the previous eligibility for a License Exception or
export, reexport, or transfer (in-country) without a license (NLR),
provided the export, reexport, or transfer (in-country) is completed no
later than on January 8, 2024.

Export Control Reform Act of 2018

    On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for
BIS's principal authorities and serves as the authority under which BIS
issues this rule. To the extent it applies to certain activities that
are the subject of this rule, the Trade Sanctions Reform and Export
Enhancement Act of 2000 (TSRA) (codified, as amended, at 22 U.S.C.
7201-7211) also serves as authority for this rule.

Rulemaking Requirements

    1. BIS has examined the impact of this rule as required by
Executive Orders 12866, 13563, and 14094, which direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public, health, and safety effects, distributive impacts, and equity).
This rule is considered a ``significant regulatory action'' under
section 3(f) of Executive Order 12866.
    2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et
seq.) (PRA), unless that collection of information displays a currently
valid Office of Management and Budget (OMB) Control Number.
    This rule involves the following OMB-approved collections of
information subject to the PRA:
     0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.4 minutes for a manual or electronic
submission;
     0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute;
     0694-0122, ``Licensing Responsibilities and Enforcement;''
and
     0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
    BIS expects the burden hours associated with these collection to
decease slightly by 221 hours for an estimated cost decrease of $7,735,
which is within the estimated burdens and costs of these collections.
Additional information regarding these collections of information--
including all background materials--can be found at https://www.reginfo.gov/public/do/PRAMain by using the search function to enter
either the title of the collection or the OMB Control Number.
    3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
    4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date. While section 1762 of ECRA
provides sufficient authority for such an exemption, this action is
also independently exempt from these APA requirements because it
involves a military or foreign affairs function of the United States (5
U.S.C. 553(a)(1)).
    5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.

List of Subjects

15 CFR Part 740

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

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

    For the reasons stated in the preamble, parts 740 and 774 of the
Export Administration Regulations (15 CFR parts 730 through 774) are
amended as follows:

PART 740--LICENSE EXCEPTIONS

0
1. The authority citation for part 740 continues to read as follows:

    Authority:  50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR,
2001 Comp., p. 783.

0
2. Section 740.2 is amended by revising paragraph (a)(5), to read as
follows:

Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (5)(i) The item is controlled for missile technology (MT) reasons.
Only the following license exceptions may be used to export MT-
controlled items to destinations other than those identified in Country
Groups D:4 or D:5 (see supplement no. 1 to part 740 of the EAR):
    (A) License Exception TMP (Sec.  740.9(a)(1), (a)(3) through (8),
and (a)(10), (b)(1) through (b)(3), and Notes 2, 3, and 4 to paragraph
(b) of the EAR);
    (B) License Exception RPL (Sec.  740.10 of the EAR);
    (C) License Exception GOV (Sec.  740.11(b)(2) of the EAR);
    (D) License Exception TSU (Sec.  740.13(a) through (c), and (g) of
the EAR);
    (E) License Exception AVS (Sec.  740.15(b)(1) through (b)(4),
(c)(1), (2), (e), and (f) of the EAR); and
    (F) License Exception APR for (Sec.  740.16(c) through (f) of the
EAR).
    (ii) The item is controlled for missile technology (MT) reasons.
Only the following license exceptions may be used to export MT-
controlled items described in paragraphs (a)(5)(ii)(A) and (B) of this
section to destinations identified in Country Groups D:4 or D:5 (see
supplement no. 1 to part 740 of the EAR), provided the terms and
conditions in parts 740 and 746 as applicable are met:
    (A) MT-controlled items described in ECCNs 6A008, 7A001, 7A002,
7A004, 7A101, 7A102, 7A103, 7A104, 7A105, 7B001, 7D001, 7D002, 7D003,
7D101, 7D102, 7E003, 7E101 or 9A515, may be exported, reexported, or
transferred (in-country) as part of a spacecraft, manned aircraft, land
vehicle or marine vehicle or in quantities appropriate for replacement
parts for such applications under Sec.  740.9(a)(4) (License Exception
TMP for kits consisting of replacement parts), Sec.  740.10 (License
Exception RPL), Sec.  740.13 (License Exception TSU), or Sec.
740.15(b) (License Exception AVS for equipment and spare parts for
permanent use on a vessel, aircraft or spacecraft, excluding paragraph
(b)(2)(ii)), and
    (B) MT-controlled commodities described in ECCNs 2A001 or 2A101 may
be exported, reexported, or transferred (in-country) under Sec.
740.9(a)(4) (License Exception TMP) or Sec.  740.10 (License Exception
RPL) as one-for-one replacement for equipment previously legally
exported, reexported, or transferred (in-country).

0
3. Section 740.9 is amended by:
0
a. Adding a sentence at the end of paragraph (a) introductory text;
0
b. Revising the first sentence of paragraph (a)(1);
0
c. Adding a sentence at the end of paragraph (b) introductory text; and
0
d. Revising paragraphs (b)(1)(i) and (b)(2)(ii)(C).
    The additions and revisions read as follows:

Sec.  740.9  Temporary imports, exports, reexports, and transfers (in-
country) (TMP).

* * * * *
    (a) * * * This paragraph (a) does not authorize any export,
reexport, or transfer (in-country) of a commodity controlled under ECCN
9A012 that is ``capable of'' delivering at least 500 kilograms payload
to a range of at least 300 kilometers.
    (1) * * * Exports, reexports, or transfers (in-country) of
commodities and software as tools of trade for use by the exporter or
employees of the exporter may be made only to destinations other than
Country Group E:1 and for MT controlled commodities or software may be
made only to destinations other than Country Groups D:4 and D:5. * * *
* * * * *
    (b) * * * This paragraph (b) does not authorize any export,
reexport, or transfer (in-country) of a commodity controlled under ECCN
9A012 that is ``capable of'' delivering at least 500 kilograms payload
to a range of at least 300 kilometers.
    (1) * * *
    (i) Items controlled for national security (NS) reasons, nuclear
proliferation (NP) reasons, chemical and biological weapons (CB), or
missile technology reasons (MT) reasons may not be exported to Country
Group D:1, D:2, D:3, or D:4 (see supplement no. 1 to part 740),
respectively, under this paragraph (b)(1).
* * * * *
    (2) * * *
    (ii) * * *
    (C) Exports to Country Groups D:1, D:2, D:3, or D:4 (see supplement
no. 1 to part 740) of items controlled for national security (NS)
reasons, nuclear nonproliferation (NP) reasons, chemical and biological
weapons (CB) reasons, or missile technology (MT) reasons, respectively.
* * * * *

0
4. Section 740.11 is amended by adding one sentence to the end of the
introductory text to read as follows:

Sec.  740.11  Governments, international organizations, international
inspections under the Chemical Weapons Convention, and the
International Space Station (GOV).

    * * * Items controlled for missile technology (MT) reasons are
eligible only for transactions described in paragraphs (b)(2) of this
section.
* * * * *

0
5. Section 740.13 is amended by adding a sentence at the end of
paragraph (d)(2), to read as follows:

Sec.  740.13  Technology and software--unrestricted (TSU).

* * * * *
    (d) * * *
    (2) * * * The provisions of this paragraph (d) are also not
available for any software that is controlled for missile technology
(MT) reasons.
* * * * *

0
6. Section 740.15 is amended by revising paragraph (b)(2), to read as
follows:

Sec.  740.15  Aircraft, vessels and spacecraft (AVS).

* * * * *
    (b) * * *
    (2) Aircraft. (i) Equipment and spare parts, for permanent use on
an aircraft, when necessary for the proper operation of such aircraft,
may be exported or reexported for use on board an aircraft of any
registry, except an aircraft registered in, owned or controlled by, or
under charter or lease to a country included in Country Group D:1,
Cuba, or a national of any of these countries.
    (ii) This paragraph (b)(2)(ii) authorizes exports, reexports, and
transfers (in-country) to any country that is identified in Country
Group A:2 and supplement no. 3 to part 746 of ECCNs

7A101 through 7A103 when the commodities are for use in or for the
``production'' of civil manned aircraft.
* * * * *

PART 774--THE COMMERCE CONTROL LIST

0
7. 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.

0
8. Supplement no. 1 to part 774 is amended by revising ECCNs 1C111,
2A101, 2B119, 6A107, 9A101, and 9E515, to read as follows:

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

* * * * *
1C111 Propellants and constituent chemicals for propellants, other
than those specified in 1C011, as follows (see List of Items
Controlled).

License Requirements

Reason for Control: MT, NP, RS, AT

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

MT applies to entire entry................  MT Column 1.
NP applies to 1C111.a.3.f only............  NP Column 1.
RS applies to 1C111.d.3 only..............  RS Column 1.
AT applies to entire entry................  AT Column 1.

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

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: (1) See USML Category V(e)(7) for controls on HTPB
(hydroxyl terminated polybutadiene) with a hydroxyl functionality
equal to or greater than 2.2 and less than or equal to 2.4, a
hydroxyl value of less than 0.77 meq/g, and a viscosity at 30 [deg]C
of less than 47 poise (CAS #69102-90-5). (2) See USML Category V for
controls on ferrocene derivatives, including butacene. (3) See ECCN
1C608 for controls on oxidizers that are composed of fluorine and
also other halogens, oxygen, or nitrogen, except for chlorine
trifluoride, which is controlled under this ECCN 1C111.a.3.f. (4)
See ECCN 1C011.b for controls on boron and boron alloys not
controlled under this ECCN 1C111.a.2.b. (5) See USML Category V for
controls on Inhibited Red Fuming Nitric Acid (IRFNA) (CAS 8007-58-
7).
Related Definitions: Particle size is the mean particle diameter on
a weight or volume basis. Best industrial practices must be used in
sampling, and in determining particle size, and the controls may not
be undermined by the addition of larger or smaller sized material to
shift the mean diameter.
Items:

    a. Propulsive substances:
    a.1. Spherical or spheroidal aluminum powder (C.A.S. 7429-90-5)
in particle size of less than 200 x 10-6 m (200 [micro]m)
and an aluminum content of 97% by weight or more, if at least 10% of
the total weight is made up of particles of less than 63 [micro]m,
according to ISO 2591-1:1988 or national equivalents.
    Technical Note: A particle size of 63 [micro]m (ISO R-565)
corresponds to 250 mesh (Tyler) or 230 mesh (ASTM standard E-11).
    a.2. Metal powders and alloys where at least 90% of the total
particles by particle volume or weight are made up of particles of
less than 60 [micro] (determined by measurement techniques such as
using a sieve, laser diffraction or optical scanning), whether
spherical, atomized, spheroidal, flaked or ground, as follows:
    a.2.a. Consisting of 97% by weight or more of any of the
following:
    a.2.a.1. Zirconium (C.A.S. #7440-67-7);
    a.2.a.2. Beryllium (C.A.S. #7440-41-7); or
    a.2.a.3. Magnesium (C.A.S. #7439-95-4);
    a.2.b. Boron or boron alloys with a boron content of 85% or more
by weight.
    Technical Note: The natural content of hafnium in the zirconium
(typically 2% to 7%) is counted with the zirconium.
    Note: In a multimodal particle distribution (e.g., mixtures of
different grain sizes) in which one or more modes are controlled,
the entire powder mixture is controlled.
    a.3. Oxidizer substances usable in liquid propellant rocket
engines, as follows:
    a.3.a. Dinitrogen trioxide (CAS 10544-73-7);
    a.3.b. Nitrogen dioxide (CAS 10102-44-0)/dinitrogen tetroxide
(CAS 10544-72-6);
    a.3.c. Dinitrogen pentoxide (CAS 10102-03-1);
    a.3.d. Mixed oxides of nitrogen (MON);
    a.3.e. [Reserved];
    a.3.f. Chlorine trifluoride (ClF3).
    Technical Note: Mixed oxides of nitrogen (MON) are solutions of
nitric oxide (NO) in dinitrogen tetroxide/nitrogen dioxide (N2O4/
NO2) that can be used in missile systems. There are a range of
compositions that can be denoted as MONi or MONij, where i and j are
integers representing the percentage of nitric oxide in the mixture
(e.g., MON3 contains 3% nitric oxide, MON25 25% nitric oxide. An
upper limit is MON40, 40% by weight).
    b. Polymeric substances:
    b.1. Carboxy-terminated polybutadiene (including carboxyl-
terminated polybutadiene) (CTPB);
    b.2. Hydroxy-terminated polybutadiene (including hydroxyl-
terminated polybutadiene) (HTPB) (CAS 69102-90-5), except for
hydroxyl-terminated polybutadiene as specified in USML Category V
(see 22 CFR 121.1) (also see Related Controls Note #1 for this
ECCN);
    b.3. Polybutadiene acrylic acid (PBAA);
    b.4. Polybutadiene acrylic acid acrylonitrile (PBAN) (CAS 25265-
19-4/CAS 68891-50-9);
    b.5. Polytetrahydrofuran polyethylene glycol (TPEG).
    Technical Note: Polytetrahydrofuran polyethylene glycol (TPEG)
is a block copolymer of poly 1,4-Butanediol (CAS 110-63-4) and
polyethylene glycol (PEG) (CAS 25322-68-3).
    c. Other propellant energetic materials, additives, or agents:
    c.1. [Reserved]
    c.2. Triethylene glycol dinitrate (TEGDN);
    c.3. 2 Nitrodiphenylamine (2-NDPA);
    c.4. Trimethylolethane trinitrate (TMETN);
    c.5. Diethylene glycol dinitrate (DEGDN).
    d. Hydrazine and derivatives as follows:
    d.1. Hydrazine (C.A.S. #302-01-2) in concentrations of 70% or
more;
    d.2. Monomethyl hydrazine (MMH) (C.A.S. #60-34-4);
    d.3. Symmetrical dimethyl hydrazine (SDMH) (C.A.S. #540-73-8);
    d.4. Unsymmetrical dimethyl hydrazine (UDMH) (C.A.S. #57-14-7);
    d.5. Trimethylhydrazine (C.A.S. #1741-01-1);
    d.6. Tetramethylhydrazine (C.A.S. #6415-12-9);
    d.7. N,N diallylhydrazine (CAS 5164-11-4);
    d.8. Allylhydrazine (C.A.S. #7422-78-8);
    d.9. Ethylene dihydrazine (CAS 6068-98-0);
    d.10. Monomethylhydrazine dinitrate;
    d.11. Unsymmetrical dimethylhydrazine nitrate;
    d.12. 1,1-Dimethylhydrazinium azide (CAS 227955-52-4)/1,2-
Dimethylhydrazinium azide (CAS 299177-50-7);
    d.13. Hydrazinium azide (C.A.S. #14546-44-2);
    d.14. Hydrazinium dinitrate (CAS 13464-98-7);
    d.15. Diimido oxalic acid dihydrazine (C.A.S. #3457-37-2);
    d.16. 2-hydroxyethylhydrazine nitrate (HEHN);
    d.17. Hydrazinium diperchlorate (C.A.S. #13812-39-0);
    d.18. Methylhydrazine nitrate (MHN) (CAS 29674-96-2);
    d.19. 1,1-Diethylhydrazine nitrate (DEHN)/1,2-Diethylhydrazine
nitrate (DEHN) (CAS 363453-17-2);
    d.20. 3,6-dihydrazino tetrazine nitrate (DHTN), also referred to
as 1,4-dihydrazine nitrate.
    e. Hydrazine replacement fuels as follows:
    e.1. 2-Dimethylaminoethylazide (DMAZ) (CAS 86147-04-8);
    e.2. [Reserved]
* * * * *
2A101 Radial Ball Bearings Having all Tolerances Specified in
Accordance With ISO 492 Tolerance Class 2 (or ANSI/ABMA Std 20
Tolerance Class ABEC-9 or Other National Equivalents), or Better and
Having all of the Following Characteristics (see List of Items
Controlled).

License Requirements

Reason for Control: MT, AT

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

MT applies to entire entry................  MT Column 1.
AT applies to entire entry................  AT Column 1.

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

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See ECCN 2A001.
Related Definitions: N/A
Items:

    a. An inner ring bore diameter between 12 and 50 mm;
    b. An outer ring outside diameter between 25 and 100 mm; and
    c. A width between 10 and 20 mm.
* * * * *
2B119 Balancing machines and related equipment, as follows (see List
of Items Controlled).

License Requirements

Reason for Control: MT, AT

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

MT applies to entire entry................  MT Column 1.
AT applies to entire entry................  AT Column 1.

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

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See also 7B101.
Related Definitions: N/A
Items:

    a. Balancing machines having all of the following
characteristics:
    a.1. Not capable of balancing rotors/assemblies having a mass
greater than 3 kg;
    a.2. Capable of balancing rotors/assemblies at speeds greater
than 12,500 rpm;
    a.3. Capable of correcting unbalance in two planes or more; and
    a.4. Capable of balancing to a residual specific unbalance of
0.2 g mm per kg of rotor mass.
    Note: 2B119.a. does not control balancing machines designed or
modified for dental or other medical equipment.
    b. Indicator heads designed or modified for use with machines
specified in 2B119.a.
    Note: Indicator heads are sometimes known as balancing
instrumentation.
* * * * *
6A107 Gravity meters (gravimeters) or gravity gradiometers, other
than those controlled by 6A007, designed or modified for airborne or
marine use, as follows, (see List of Items Controlled) and
``specially designed'' ``parts'' and ``components'' therefor.

License Requirements

Reason for Control: MT, AT

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

MT applies to entire entry................  MT Column 1.
AT applies to entire entry................  AT Column 1.

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

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: See USML Category XII(d) for certain gravity
meters (gravimeters) or gravity gradiometers subject to the ITAR.
See also ECCN 7A611.
Related Definitions: `Time to steady-state registration' (also
referred to as the gravity meter's response time) is the time over
which the disturbing effects of platform-induced acceleration (high
frequency noise) are reduced.
Items:

    a. Gravity meters having all of the following characteristics:
    a.1. A static or operational accuracy equal to or less (better)
than 0.7 milligal (mgal); and
    a.2. A `time to steady-state registration' of two minutes or
less.
    b. Gravity gradiometers
* * * * *
9A101 Turbojet and turbofan engines, other than those controlled by
9A001, as follows (see List of Items Controlled).

License Requirements

Reason for Control: MT, AT

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

MT applies to entire entry................  MT Column 1.
AT applies to entire entry................  AT Column 1.

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

LVS: N/A
GBS: N/A

List of Items Controlled

Related Controls: 9A101.b controls only engines for non-military
unmanned aerial vehicles [UAVs] or remotely piloted vehicles [RPVs],
and does not control other engines designed or modified for use in
``missiles'', which are ``subject to the ITAR'' (see 22 CFR parts
120 through 130).
Related Definitions: N/A
Items:

    a. Engines having all of the following characteristics:
    a.1. `Maximum thrust value' greater than 400 N (achieved un-
installed) excluding civil certified engines with a maximum thrust
value greater than 8,890 N (achieved un-installed);
    a.2. Specific fuel consumption of 0.15 kg N-1
h-1 or less;
    a.3. `Dry weight' less than 750 kg; and
    a.4. `First-stage rotor diameter' less than 1 m; or
    Technical Notes:
    1. `Maximum thrust value' in 9A101.a.1 is the manufacturer's
demonstrated maximum thrust for the engine type un-installed at sea
level static conditions using the ICAO standard atmosphere. The
civil type certified thrust value will be equal to or less than the
manufacturer's demonstrated maximum thrust for the engine type.
    2. Specific fuel consumption is determined at maximum continuous
thrust for engine type un-installed at sea level static conditions
using the ICAO standard atmosphere.
    3. `Dry weight' is the weight of the engine without fluids
(fuel, hydraulic fluid, oil, etc.) and does not include the nacelle
(housing).
    4. `First-stage rotor diameter' is the diameter of the first
rotating stage of the engine, whether a fan or compressor, measured
at the leading edge of the blade tips.
    b. Engines designed or modified for use in ``missiles'' or UAVs
with a range equal to or greater than 300 km, regardless of thrust,
specific fuel consumption, `dry weight' or `first-stage rotor
diameter'.
* * * * *
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, 9A515.h, 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.

License Requirement Note: The Commerce Country Chart is not used for
determining license requirements for ``technology'' classified ECCN
9E515.f. See Sec.  742.6(a)(9), which specifies that such
``technology'' is subject to a worldwide license requirement.

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

TSR: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for ECCN 9E515.b, .d, .e,
or .f unless determined by BIS to be eligible for License Exception
STA in accordance with Sec.  740.20(g) (License Exception STA
eligibility requests for certain 9x515 and ``600 series'' items).
(2) Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) of
the EAR) may not be used for any ``technology'' in 9E515.

List of Items Controlled

Related Controls: Technical data directly related to articles
enumerated in USML Category XV are subject to the control of USML
paragraph XV(f). See also ECCNs 3E001, 3E003, 6E001, and 6E002 for
specific ``space-qualified'' items. See ECCNs 9E001 and 9E002 for
technology for the International Space Station, the James Webb Space
Telescope (JWST) and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor. See USML category
XV(f) for controls on technical data and defense services related to
launch vehicle integration.
Related Definitions: N/A
Items:

    a. ``Technology'' ``required'' for the ``development,''
``production,'' installation, repair (including on-orbit anomaly
resolution and analysis beyond established procedures), overhaul, or
refurbishing of commodities controlled by ECCN 9A515 (except
9A515.a.1, .a.2, .a.3, .a.4, .b, .d, .e, or .g), ECCN 9B515, or
``software'' controlled by ECCN 9D515.a.
    b. ``Technology'' ``required'' for the ``development,''
``production,'' failure analysis or anomaly resolution of software
controlled by ECCN 9D515.b.
    c. [Reserved]
    d. ``Technology'' ``required'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
    e. ``Technology'' ``required'' for the ``development,''
``production,'' failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
    f. ``Technology'' ``required'' for the ``development,''
``production,'' installation, repair (including on-orbit anomaly
resolution and analysis beyond established procedures), overhaul, or
refurbishing of commodities controlled by ECCN 9A515.a.1, .a.2,
.a.3, .a.4, or .g.
    g. through x. [Reserved]
    y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software enumerated in
ECCN 9A515.y or 9D515.y.
    Note 1: [Reserved]
    Note 2: Activities and technology/technical data directly
related to or required for the spaceflight (e.g., sub-orbital,
orbital, lunar, interplanetary, or otherwise beyond Earth orbit)
passenger or participant experience, regardless of whether the
passenger or participant experience is for space tourism, scientific
or commercial research, commercial manufacturing/production
activities, educational, media, or commercial transportation
purposes, are not subject to the ITAR or the EAR. Such activities
and technology/technical data include those directly related to or
required for:
    (i) ``Spacecraft'' access, ingress, and egress, including the
operation of all ``spacecraft'' doors, hatches, and airlocks;
    (ii) Physiological training (e.g., human-rated centrifuge
training or parabolic flights, pressure suit or spacesuit training/
operation);
    (iii) Medical evaluation or assessment of the spaceflight
passenger or participant;
    (iv) Training for and operation by the passenger or participant
of health and safety related hardware (e.g., seating, environmental
control and life support, hygiene facilities, food preparation,
exercise equipment, fire suppression, communications equipment,
safety-related clothing or headgear) or emergency procedures;
    (v) Viewing of the interior and exterior of the spacecraft or
terrestrial mock-ups;
    (vi) Observing ``spacecraft'' operations (e.g., pre-flight
checks, landing, in-flight status);
    (vii) Training in ``spacecraft'' or terrestrial mock-ups for
connecting to or operating passenger or participant equipment used
for purposes other than operating the ``spacecraft''; or
    (viii) Donning, wearing or utilizing the passenger's or
participant's flight suit, pressure suit or spacesuit, and personal
equipment.
* * * * *

Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2023-26682 Filed 12-7-23; 8:45 am]
BILLING CODE 3510-33-P


Dear Partners,

	The U.S. Environmental Protection Agency (EPA) is soliciting feedback
from Partners on their experiences and suggestions under the Schools
Chemical Cleanout Campaign (SC3).  On an annual basis, we will ask
Partners to participate in the SC3 Survey.  The survey helps us learn
about your accomplishments and the impacts being made in schools, so
this can be shared with others through tools like the SC3 Web site.  It
also helps us identify needs and concerns that you have and how best to
address them.  Finally, it helps us determine the future direction of
the Program.

We have created two survey forms, as follows:

Initial Survey.  This survey form should be completed by Partners who
are participating in the SC3 Survey for their first time.  It is
designed to give us a general idea of a Partner’s background,
accomplishments, and needs under SC3.  The survey should be completed
only for the first year of a Partner’s participation in the SC3
Program.

Annual Update.  Partners should complete an Annual Update in each
subsequent year of their partnership.  The Annual Update is designed to
describe a Partner’s accomplishments and needs since the previous
survey.

Enclosed with this letter is the Initial Survey.  It is organized as
follows:

Part 1 asks for general information about your company (e.g., how you
became aware of the SC3 Program).

Part 2 asks for information on the services and resources that your
company has provided to schools (e.g., support on chemical inventories,
etc.).

Part 3 asks for lessons learned under the Program (e.g., your successes
and barriers to success) that can be shared with others.  Part 3 also
asks about your future involvement under the Program.

Worksheets are attached at the end of the survey to help you provide
some responses.

Each question in the survey includes brief instructions on how to
provide a response.  Please enter your responses electronically into the
spaces provided on the form.  If additional space is needed, please
attach additional pages.  We also would welcome any of your work
products that can be shared with others (e.g., training materials that
you developed).

Surveys should be submitted to EPA no later than September 30th of each
year by any of the following methods:

1.	Emailed to:  HYPERLINK<EMAIL_ADDRESS><EMAIL_ADDRESS>.

Faxed to:<PHONE_NUMBER> (c/o Cynthia Merse).

Special delivery (e.g., FedEx) to:

Cynthia Merse, N-6935

Two Potomac Yard

2733 S. Crystal Drive

Arlington, VA 22202

If you have any questions about the survey, please contact Cynthia Merse
at EPA by phone<PHONE_NUMBER>) or e-mail ( HYPERLINK
<EMAIL_ADDRESS><EMAIL_ADDRESS>).  Thanks in
advance for your timely completion of the survey.

Sincerely,

Matt Hale

Director, Office of Solid Waste

Enclosure

INITIAL SURVEY:

SCHOOLS CHEMICAL CLEANOUT CAMPAIGN (SC3)

Instructions:  Please review and complete Parts 1-3 and the worksheets
of this survey.  You should complete this survey to reflect your
company’s experiences and accomplishments since joining the SC3
Program.  Note that some of the questions and worksheets may not apply
to your company.  If so, please skip them.

Please provide your company name, the name of a contact person, and the
person’s telephone number.  In addition, indicate the date that this
survey is submitted to EPA.

Contact person name:   FORMTEXT

Contact person phone number:   FORMTEXT

Date:   FORMTEXT

PART 1: GENERAL INFORMATION ON PARTNER

1.1  	How did your company become aware of the SC3 Partner Program?
(Check all that apply.)

	  FORMCHECKBOX    SC3 Web site

	  FORMCHECKBOX    Schools/school districts

	  FORMCHECKBOX    Trade organization

	  FORMCHECKBOX    Newsletter or other print media

	  FORMCHECKBOX    Conference or exhibition

	  FORMCHECKBOX    Word of mouth

1.2 	Why did your company choose to become involved in SC3 activities?
Please review the possible reasons for joining SC3 in the table.  Place
an “X” in the appropriate box to indicate the relevance of each
reason based on a 1 to 5 scale (1 means “completely irrelevant” and
5 means “highly relevant”).

Possible Reasons for Joining SC3	Relevance to Your Company

	1

(Completely irrelevant)	2	3	4	5

           	  FORMCHECKBOX  	  FORMCHECKBOX
FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX

1.3 	Has your company conducted chemical inventories, cleanouts and/or
other chemical management activities at schools prior to your
involvement with SC3?

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

1.4	Please complete the table below to identify all of the schools that
your company has supported under SC3 since joining the Program (e.g.,
support in chemical inventories, chemical management, training, chemical
cleanouts).  To do so, please complete items A and B as applicable:

A.  	Please identify the school(s) by name in Column 1 of the table.
Note: If you wish to protect the identity of the school(s), you may
assign each school a unique identifier (e.g., “School A,” “School
B,” etc.) instead of providing their names.

B.  	For schools that are assigned a unique identifier:  Please complete
Columns 2 and 3 by indicating the approximate number of students and
staff in each school.  Information on student enrollment may be
available on-line.

      	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT

* These columns should be completed only for schools that are assigned a
unique identifier.

1.5	Has your company used contractors/consultants to support schools in
the following areas? (Check all that apply.)

	  FORMCHECKBOX    Chemical inventories

	  FORMCHECKBOX    Training/education

	  FORMCHECKBOX    Chemical management program

	  FORMCHECKBOX    Chemical cleanout/removal

	  FORMCHECKBOX    Outreach

	  FORMCHECKBOX    Contractors/consultants have not been used at all

1.6	How many hours and dollars has your company spent in providing
services and resources to schools since joining the Program?  Please
provide your response in Worksheet 1 at the end of this survey.

1.7	Has your company encouraged other companies or associations to join
SC3?  If you select “No,” please briefly explain why not.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

  FORMTEXT

1.8	Has your company encouraged schools to join SC3?  If you select
“No,” please briefly explain why not.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

  FORMTEXT

1.9	Does your company partner with EPA in any other Partnership
Program(s)? (Check all that apply.)

  FORMCHECKBOX    Performance Track

  FORMCHECKBOX    WasteWise

  FORMCHECKBOX    National Partnership for Environmental Priorities
(NPEP)

  FORMCHECKBOX    Other, please specify:   FORMTEXT

PART 2: DESCRIPTION OF SERVICES AND RESOURCES PROVIDED

2.1 	Chemical Inventory

2.1.1	Has your company performed a chemical inventory at a school since
joining the Program?  If you select “Yes,” please complete the
remainder of this section.  If you select “No,” skip to section 2.2.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

Please identify the schools that have received support in chemical
inventories from your company since joining the Program.  List them by
name or unique identifier (as assigned in Question 1.4) in the table
below.

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

2.1.3 	Were any of the schools identified in Question 2.1.2 performing
chemical inventories prior to your involvement with them?  If you select
“Yes,” please use the additional space below to describe how your
involvement improved the chemical inventories (e.g., what actions did
you take and what improvements resulted from them, such as more thorough
or frequent inventories, etc.?).

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

2.1.4	What chemical inventory activities has your company supported
schools in developing, implementing, and/or funding since joining the
Program? (Check all that apply.)  Note:  If you performed a walk-through
of a school and inspected for chemicals, please answer Question 2.1.5.
If you did not, please skip to Question 2.1.6.

  FORMCHECKBOX    Identified possible locations of chemicals before
walk-through/inspection

  FORMCHECKBOX    Performed walk-through/inspection of all relevant
locations for chemicals

  FORMCHECKBOX    Addressed safety hazards during
walk-through/inspection (e.g., developed a plan to prevent and clean up
spills)

  FORMCHECKBOX    Documented chemicals found

  FORMCHECKBOX    Established a sustainable chemical inventory program
(i.e., a permanent program)

  FORMCHECKBOX    Other, please specify:   FORMTEXT

2.1.5	If you performed a walk-through of a school and inspected for
chemicals, which locations did you inspect? (Check all that apply.)

  FORMCHECKBOX   	Science laboratories

  FORMCHECKBOX   	Art classrooms

  FORMCHECKBOX   	Vocational shops

  FORMCHECKBOX   	Maintenance areas

  FORMCHECKBOX   	Cleaning closets

  FORMCHECKBOX   	Stockrooms/supply areas

2.1.6	What chemicals have you assisted in inventorying since joining the
Program?  Please provide your response in Worksheet 2 at the end of this
survey.

2.1.7	If your company encountered unknown chemicals during the inventory
process, what actions did you take in addressing them during the
inventory?  (Check all that apply.)

  FORMCHECKBOX    Tested unknowns before offsite shipment

  FORMCHECKBOX    Used non-testing methods to characterize unknowns
(e.g., by interviewing faculty)

  FORMCHECKBOX    Did not characterize unknowns before offsite shipment

  FORMCHECKBOX    Removed unknowns to a safe location pending offsite
shipment

  FORMCHECKBOX    Did not encounter unknowns

2.2	Training and Education

2.2.1	Has your company assisted in providing training or education at a
school since joining the Program?  If you select “Yes,” please
complete the remainder of this section.  If you select “No,” please
skip to section 2.3.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

Please identify the schools that have received training/education
support from your company since joining the Program.  List them by name
or unique identifier (as assigned in Question 1.4) in the table below.

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

2.2.3 	Were any of the schools identified in Question 2.2.2 performing
such training/education prior to your involvement with them?  If you
select “Yes,” please use the additional space below to describe how
your involvement improved the training/education (e.g., what actions did
you take and what improvements resulted from them, such as a greater
frequency of training, use of better training materials, coverage of new
subject matter, etc.?).

  FORMCHECKBOX    Yes

	  FORMCHECKBOX    No

2.2.4	Please describe your training/education (e.g., recipients and
frequency of

trainings) by completing Worksheet 3 at the end of this survey.

2.2.5   What types of training has your company supported schools in
developing, delivering and/or funding since joining the Program?  Please
review the table below to see if you have supported any of the types of
trainings listed.  If you have, please approximate the cumulative
duration (in hours) of that training.  For example, if you provided five
two-hour classroom trainings, you would enter “10 hours” into the
shaded cell for classroom training.  Note:  If you have not provided a
type of training shown in the table, enter “N/A” into its shaded
cell.

Types of Training:	Length of Training (hrs):

Classroom training	            FORMTEXT

Emergency exercises (e.g., evacuation exercises)	            FORMTEXT

On-the-job training (e.g., for faculty, maintenance staff)
FORMTEXT

Other, please specify:   FORMTEXT
  FORMTEXT

2.2.6	Has your company assisted in developing a sustainable training
program for schools (i.e., a training program that will be conducted on
a permanent basis by the school)?  If you select “No,” please
briefly explain if you plan to in the future.

  FORMCHECKBOX    Yes

	  FORMCHECKBOX    No

  FORMTEXT

2.3	Chemical Management Program

2.3.1	Has your company assisted in developing a chemical management
program for a school since joining the Program?  If you select
“Yes,” please complete the remainder of this section.  If you select
“No,” please skip to section 2.4.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

Please identify the schools that have received chemical management
program support from your company since joining the Program.  List them
by name or unique identifier (as assigned in Question 1.4) in the table
below.

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

2.3.3 	Were any of the schools identified in Question 2.3.2 implementing
a chemical management program prior to your involvement with them?  If
you select “Yes,” please use the additional space below to describe
how your involvement improved the program (e.g., what actions did you
take and what improvements resulted from them, such as the addition of
new operating procedures or practices to address a need at the school,
etc.?).

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

2.3.4	What elements of a chemical management program did your company
help schools to develop, implement, and/or fund?  (Check all that
apply.)

  FORMCHECKBOX  	Purchasing of chemicals (e.g., how to purchase fewer
and/or less toxic chemicals)

  FORMCHECKBOX    Chemical inventory

  FORMCHECKBOX    Storage of chemicals

  FORMCHECKBOX  	Chemical usage (e.g., changes in a school’s
laboratory practices to minimize the quantity of chemicals used in
experiments)

  FORMCHECKBOX    Regulatory compliance

	  FORMCHECKBOX    Chemical waste collection, onsite storage and
disposal

	  FORMCHECKBOX    Labeling

	  FORMCHECKBOX    Budgeting for chemical management

	  FORMCHECKBOX    Training

	  FORMCHECKBOX    Safety

  FORMCHECKBOX    Development/implementation of school policies, plans
and/or procedures on proper chemical management

  FORMCHECKBOX    Development/implementation of performance goals and
measures to gauge chemical management success

  FORMCHECKBOX    Grant writing

  FORMCHECKBOX    Use of “green cleaning” practices (e.g., using
environmentally friendly, less-toxic cleaning products)

2.4	Packaging, Removing and Disposing of Chemical Waste

2.4.1	Has your company assisted in packaging, removing and/or disposing
of a school’s chemical waste (i.e., chemical cleanouts) since joining
the Program?  If you select “Yes,” please complete the remainder of
this section.  If you select “No,” please skip to section 2.5.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

Please identify the schools that have received support in chemical
cleanouts from your company since joining the Program.  List them by
name or unique identifier (as assigned in Question 1.4) in the table
below.

  FORMTEXT

  FORMTEXT

  FORMTEXT

  FORMTEXT

2.4.3 	Were any of the schools identified in Question 2.4.2 cleaning out
their chemicals prior to your involvement with them?  If you select
“Yes,” please use the additional space below to describe how your
involvement improved the cleanouts (e.g., what actions did you take and
what improvements resulted from them, such as more frequent or thorough
cleanouts, etc.?).

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

2.4.4	If one or more of the school(s) in Question 2.4.2 had not removed
the chemicals on its own prior to your involvement, why not?  (Check all
that apply.)

  FORMCHECKBOX    School was not aware of the problem or need

  FORMCHECKBOX    School lacked the technical expertise/personnel

  FORMCHECKBOX    School lacked the financial resources

  FORMCHECKBOX    There was resistance within the school

  FORMCHECKBOX    Other, please specify:   FORMTEXT

  FORMCHECKBOX    Not applicable

2.4.5  	What chemical cleanout activities has your company supported
schools in developing, performing, and/or funding since joining the
Program?  (Check all that apply.)

  FORMCHECKBOX    Collecting the chemical waste from individual rooms in
the school

  FORMCHECKBOX    Performing testing/characterization of chemical waste

  FORMCHECKBOX    Packaging the chemical waste for offsite shipment

  FORMCHECKBOX    Storing the chemical waste prior to offsite shipment

  FORMCHECKBOX    Preparing required paperwork, if any (e.g., shipping
paper)

  FORMCHECKBOX    Other, please specify:   FORMTEXT

2.4.6	How often have you supported the school(s) in performing chemical
cleanouts on average?

	  FORMCHECKBOX    Once

	  FORMCHECKBOX    Monthly

	  FORMCHECKBOX    Semi-annually

	  FORMCHECKBOX    Annually (e.g., at the beginning or end of the school
year)

	  FORMCHECKBOX    Other, please specify:   FORMTEXT

2.4.7	What chemicals and other wastes have you assisted in cleaning out
since joining the Program?  Please provide your response in Worksheet 4
at the end of the survey.

 2.5	Outreach/Communication

2.5.1	Has your company engaged in outreach/communication in connection
with SC3 since joining the Program?  If you select “Yes,” please
complete the remainder of this section.  If you select “No,” skip to
Part 3.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

2.5.2	What was your company’s goal(s) in performing these
outreach/communication efforts? (Check all that apply.)

  FORMCHECKBOX    Raise public awareness of SC3

  FORMCHECKBOX    Encourage organizations to join SC3

  FORMCHECKBOX    Raise awareness of the general need for chemical
safety, management, and removals in schools

  FORMCHECKBOX  	Other, please specify:   FORMTEXT

2.5.3 	Please describe your outreach/communication efforts (e.g., types
of recipients and outreach methods) by completing Worksheet 5 at the end
of this survey.

PART 3: SUCCESSES, BARRIERS AND FUTURE ACTIVITIES

3.1	Have your company’s objectives and expectations for joining the
SC3 Program been realized to your satisfaction?  If you select “No,”
please briefly explain why not.

  FORMCHECKBOX    Yes

  FORMCHECKBOX    No

  FORMTEXT

3.2	What is your most prohibitive barrier to removing chemicals from
schools and/or implementing a responsible chemical management program?
(Select one.)  Please use the additional space below to elaborate on the
barrier (e.g., root cause and ideas for overcoming it).

  FORMCHECKBOX   Expense

  FORMCHECKBOX   Liability

  FORMCHECKBOX   Resistance from schools

  FORMTEXT

3.3  	What factors influence your company’s decision to continue in
the Program?  (Check all that apply.)

	  FORMCHECKBOX    Your company’s ability to find and partner with new
schools in need of support

	  FORMCHECKBOX    Availability of resources in your company (e.g.,
money, personnel with relevant

                   expertise) to sustain your ongoing efforts

	  FORMCHECKBOX    Continued involvement by EPA to address your needs
and concerns

3.4	What are your company’s plans under the SC3 Program over the
coming years?  (Check all that apply.)

	  FORMCHECKBOX   Partnering with additional schools

	  FORMCHECKBOX   Continuing to work with existing schools

	  FORMCHECKBOX   Encouraging other companies to join in the future

              FORMCHECKBOX   Other, please specify:   FORMTEXT

3.5 	EPA is interested in collecting useful lessons that Partners have
learned under SC3 and sharing them with others, e.g., at the SC3 Web
site.  If you have a success story that may be helpful to others, please
describe it briefly (e.g., can you describe a situation in which you
cleaned out a school's wastes and thereby avoided a potentially
dangerous situation for students and/or faculty?).

3.6	EPA would like to collect best practices for conducting cleanouts or
other activities under SC3 and share them with others, e.g., at the SC3
Web site.  If you have identified or used any best practices that may be
helpful to others, please describe them briefly.

  FORMTEXT

3.7	EPA would like to identify ways to encourage other organizations to
join SC3.  We are interested in hearing your suggestions on methods that
we should be using.  Please describe them below.

  FORMTEXT

3.8	How can EPA encourage existing Partners to continue their efforts
under SC3?  (Check all that apply.)

  FORMCHECKBOX   Hold an annual awards ceremony to recognize high
achievers

  FORMCHECKBOX   Identify Partners (e.g., by company name) on SC3 Web
site when they achieve specified milestones or distinctions during the
year (e.g., for “most active” Partners)

  FORMCHECKBOX  	Issue certificate, plaque, or other item of recognition
when a Partner meets specified milestones or distinctions (e.g.,
performs a cleanout)

  FORMCHECKBOX   Help Partners find more schools to partner with

  FORMCHECKBOX   Help Partners overcome the barriers identified in
Question 3.2

3.9	Do you have any suggestions on how EPA can improve the resources
available at the SC3 Web site?  Please be as specific as possible.

  FORMTEXT

  Worksheet 1:  Total Hours and Dollars Spent by Partner in Providing
Services and Resources under SC3

Please complete Sections I through III of this worksheet.

I.	Total Hours Spent by Your Company

Please estimate the number of hours that the employees of your company
have spent collectively in providing services and resources under SC3
since joining the Program.

Hours Spent Providing SC3 Services and Resources

  FORMCHECKBOX   Less than 100 hours

  FORMCHECKBOX   101 to 200 hours

  FORMCHECKBOX   201 to 300 hours

  FORMCHECKBOX   301 to 400 hours

  FORMCHECKBOX   401 to 500 hours

  FORMCHECKBOX   Greater than 500 hours

(please estimate a range, e.g., "600 to 700 hours”):   FORMTEXT
       hrs to   FORMTEXT         hrs

II.	Total Expenditures of Your Company

Please estimate your company’s total expenditures in providing
services and resources under SC3 since joining the Program.  For each
category of expenditure, please place an “X” in the table to
indicate the range of your expenditure.

Categories of Expenditures

Expenditures for Materials/Supplies	Expenditures for Services

(e.g., vendor, air travel)

  FORMCHECKBOX   Less than $1,000	  FORMCHECKBOX   Less than $1,000

  FORMCHECKBOX   $1,001-$5,000 	  FORMCHECKBOX   $1,001-$5,000

  FORMCHECKBOX   $5,001-$10,000	  FORMCHECKBOX   $5,001-$10,000

  FORMCHECKBOX   $10,001-$15,000	  FORMCHECKBOX   $10,001-$15,000

  FORMCHECKBOX   $15,001-$20,000	  FORMCHECKBOX   $15,001-$20,000

  FORMCHECKBOX   Greater than $20,000

(please estimate a range, e.g.,“$25,000-$30,000”):

       to $  FORMTEXT          	  FORMCHECKBOX
Greater than $20,000

(please estimate a range, e.g.,“$25,000-$30,000”):

                 $  FORMTEXT         to $  FORMTEXT

Expenditures for Cleanouts

Please indicate the percentage of your expenditures estimated in Section
II, above, that went towards chemical cleanouts.  (Check only one box.)
 Note:  The percentage that you provide below should be based on the
total expenditures provided in the second column of the Table in Section
II (see the column “Expenditures for Services”).

  FORMCHECKBOX    0% (i.e., you did not make any expenditures for
cleanouts)

  FORMCHECKBOX    1-10%

  FORMCHECKBOX    11-20%

  FORMCHECKBOX    21-30%

  FORMCHECKBOX    31-40%

  FORMCHECKBOX    41-50%

  FORMCHECKBOX    Greater than 50%; please specify a range:   FORMTEXT

Worksheet 2: Types and Quantities of Chemicals Inventoried at Schools

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 inventoried at schools?  Please complete the table to answer this
question to the best of your ability.  If needed, you can use ranges
(e.g., “10 to 15 gallons”) and similar methods to simplify your
response.

Note 1:  If you already have the requested information in an electronic
format, you may e-mail it to EPA, along with your survey responses.  You
do not need to complete the table below.

Note 2:  For “unknown” chemicals (i.e., chemicals whose identity is
unknown), please complete one row of the table for all of them and
summarize any information that is known.

Table of Chemicals Inventoried

Chemical or Trade Name of Substance Inventoried

(see material safety data sheet, if necessary)	Location of Chemical
Inventoried:

(1) Science laboratory

(2) Art classroom

(3) Vocational shop

(4) Maintenance area

(5) Other (please specify)	Age of Substance Inventoried

(if known)	Quantity or Volume of Chemicals Inventoried

(specify units, e.g., pounds, grams, etc., if known)

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  FORMTEXT        	  FORMTEXT        	  FORMTEXT
      	  FORMTEXT

  FORMTEXT        	  FORMTEXT        	  FORMTEXT
      	  FORMTEXT

Worksheet 3:  Description of Training/Education

Please describe the training/education that you have supported at
schools by completing the table below.  We realize that a Partner may
provide training/education to different types of recipients at a school
across a range of training topics.  Hence, the table below is designed
for you to crosswalk specific training topics (in the left margin) to
the types of recipients that may have received training/education in
them (across the top margin).  The shaded cells in the center of the
table include a drop-down menu for you to indicate the frequency at
which you trained/educated a specific type of recipient.

Please complete the table as follows:

1. 	Find the type(s) of recipient of your training/education in the top
margin; then,

2. 	Find the topic(s) that you trained/educated that recipient(s) in
(left margin); then,

3. 	Find their “shared” cell in the table (i.e., shaded cell) and
use the pull down menu in it to indicate the frequency of this
training/education.

For example, if you provide training to teachers in chemical safety each
year, you would pull down the menu in the cell in the upper left-hand
corner of the table and select “annually.”

Table on Training and Education

Training Topics

 	Types of Recipients of Training/Education

	 Teachers	Maintenance/ building personnel	School administrators
Students	Other, please specify:  FORMTEXT

Chemical safety	  FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN
FORMDROPDOWN  	  FORMDROPDOWN

Emergency response 	  FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN
FORMDROPDOWN  	  FORMDROPDOWN

Regulatory compliance 	  FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN
	  FORMDROPDOWN  	  FORMDROPDOWN

Proper chemical management 	  FORMDROPDOWN  	  FORMDROPDOWN
FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN

Proper waste management 	  FORMDROPDOWN  	  FORMDROPDOWN
FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN

Other, please specify:   FORMTEXT
FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN  	  FORMDROPDOWN
FORMDROPDOWN

Worksheet 4: Types and Quantities of Wastes Removed from Schools

Since joining the SC3 Program, what types and quantities of chemicals
and other wastes has your company helped to remove from schools?  You
have two options for providing this information.  Please complete Option
1 or Option 2.

Option 1:  Refer to the table on the next page to learn the information
we are requesting and see if you already have this information in an
existing format (e.g., a paper copy of a hazardous waste manifest or
shipping paper, an electronic file such as a MS Excel spreadsheet,
etc.).  If you do, you may submit this information instead of completing
Option 2.

Option 2:  Please complete the table on the next page by describing the
chemicals and other wastes you have removed from schools since joining
the Program.  The table is designed to be as flexible as possible, as we
realize that Partners will have varying levels of information about the
wastes removed.  At the bottom of this page, we provide some examples on
how wastes can be summarized in the table.

Notes:

In Waste Description column: describe the wastes removed.  Be sure to
mention chemical names and other descriptive information (e.g., solid,
liquid or gas) if known.  You may aggregate the following onto one row
of the table 1) all “unknown wastes”; and 2) all lab packs (please
specify one or a few of the predominant chemicals in the lab pack
waste).  See examples.

In Quantity or Volume column: estimate the total quantity (weight) or
volume of the waste and specify units.  If you are uncertain of the
quantity or volume, specify a range (e.g., “less than 10 pounds”).

In Properties column: check all of the properties that you know of
regarding the wastes.  If needed, specify another property.  See
example.

Table of Wastes Removed (Example)

Waste Description	Quantity or Volume (specify units)	Properties (Check
all that apply)

Toxic, Poisonous,  Generally Harmful	Ignitable/

Flammable	Acid or Base	Reactive/

Explosive	Other (please specify)	Not Harmful	Don’t Know

Approx 5 bottles of old cleaning detergent (liquid)	  FORMTEXT  < 1 gal.
	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX
FORMTEXT  Irritant if in contact with skin 	  FORMCHECKBOX
FORMCHECKBOX

Unknown chemicals in various containers (liquids, solids)	  FORMTEXT
20-30 lbs. 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX
FORMCHECKBOX  	  FORMTEXT        	  FORMCHECKBOX
FORMCHECKBOX

Approx 40 thermometers in boxes - liquid mercury	  FORMTEXT  < 1 lb.
     	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX
FORMCHECKBOX  	  FORMTEXT        	  FORMCHECKBOX
FORMCHECKBOX

Misc classroom items in boxes – solids (e.g., chalk, erasers)
FORMTEXT  < 10 lbs. 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX
 FORMCHECKBOX  	  FORMTEXT        	  FORMCHECKBOX
FORMCHECKBOX

Lab packs – liquids, solids (acetone, toluene, barium)

	  FORMTEXT  3 20-gallon lab packs 	  FORMCHECKBOX  	  FORMCHECKBOX
FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
FORMCHECKBOX  	  FORMCHECKBOX

Table of Wastes Removed

Waste Description	Quantity or Volume (specify units)	Properties (Check
all that apply)

Toxic, Poisonous,  Generally Harmful	Ignitable/

Flammable	Acid or Base	Reactive/

Explosive	Other (please specify)	Not Harmful	Don’t Know

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

  FORMTEXT        	  FORMTEXT        	  FORMCHECKBOX
 	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMCHECKBOX  	  FORMTEXT
      	  FORMCHECKBOX  	  FORMCHECKBOX

Worksheet 5:  Description of Outreach/Communication Related to SC3

Please complete the table below by describing your
outreach/communication efforts related to SC3 since joining the Program.
 The table is designed for you to select the types of
outreach/communication methods that you have used and to indicate the
number and types of recipients of that outreach/communication.

Please complete the table as follows:

1. 	Find the type(s) of outreach/communication methods that you have
used in regard to SC3 in the left hand column; then,

2. 	Select the approximate number of recipients who received that
outreach/communication in the second column of the table (numbers are
presented as ranges); then,

3. 	Select the type of recipient of that outreach/communication in the
third column.

For example, if you made a presentation on SC3 at a conference and about
200 people attended, you would complete Row 3 of the table by selecting
“151-200” in the second column and “Individuals” in the third.
For some types of outreach in the table, a suggestion is provided on how
to estimate the number of outreach recipients.

Number and Type of Outreach/Communication Recipients

Types of Outreach/Communication Related to SC3

 	Recipients

	Approximate Number of Recipients	Types of

Recipients

1. Hand-outs and mailed items (e.g., fliers, brochures, etc.)
FORMDROPDOWN  	  FORMDROPDOWN

2. Emails and/or other electronic distribution methods used to inform
recipients of SC3-related issues/topics	  FORMDROPDOWN  	  FORMDROPDOWN

3. Conferences, seminars, teleconferences, etc. at which you discussed
information related to SC3 	  FORMDROPDOWN  	  FORMDROPDOWN

4. Public service announcement(s) 	  FORMDROPDOWN  	  FORMDROPDOWN

5. Article(s) in a newsletter, journal, etc. (Note:  You may estimate
the number of “outreach recipients” based on the circulation of the
newsletter or journal, if known)	  FORMDROPDOWN  	  FORMDROPDOWN

6.  Information on your Web site (Note: You may estimate the number of
“outreach recipients” based on the number of “hits” at the Web
page after the information was posted)	  FORMDROPDOWN  	  FORMDROPDOWN

7. Other, please specify:   FORMTEXT        	  FORMDROPDOWN
 FORMDROPDOWN

PAPERWORK REDUCTION ACT BURDEN STATEMENT

The public reporting and recordkeeping burden for this collection of
information is estimated to be one hour per response.  Send comments on
the Agency's need for this information, the accuracy of the provided
burden estimates, and any suggested methods for minimizing respondent
burden, including through the use of automated collection techniques
to the Director, Collection Strategies Division, U.S. Environmental
Protection Agency (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C.
20460.  Include the OMB control number in any correspondence.  Do not
send the completed survey to this address.

 OMB Control No. 2050-XXXX

 Approval expires XX/XX/XX

 PAGE

EPA Form No. 6200-05                         September 5, 2008: Page
PAGE  i

EPA Form No. 6200-05                          September 5, 2008: Page
PAGE  19


[Federal Register Volume 79, Number 249 (Tuesday, December 30, 2014)]
[Rules and Regulations]
[Page 78307]
[FR Doc No: 2014-30458]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2014-1041]

Safety Zones; Captain of the Port Boston Fireworks Display Zone,
Boston Harbor, Boston, MA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a safety zone in the Captain of
the Port Boston Zone on the specified date and time listed below. This
action is necessary to ensure the protection of the maritime public and
event participants from the hazards associated with this annual
recurring event.

DATES: The regulation for the safety zone described in 33 CFR
165.119(a)(2) will be enforced from 11:30 p.m. Wednesday, December 31,
2014 to 12:30 a.m. Thursday January 1, 2015.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or email Mr. Mark Cutter, Coast Guard Sector Boston Waterways
Management Division, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zone
listed in 33 CFR 165.119(a)(2); Long Wharf Safety Zone. All U.S.
navigable waters of Boston inner Harbor within a 700-foot radius of the
fireworks barge in approximate position 42[deg]21'41.2'' N
071[deg]02'36.5'' W (NAD 1983), located off of Long Wharf, Boston MA.
This regulation was published in the Federal Register on May 12, 2014
(79 FR 26846).
    Under the provisions of 33 CFR 165.119, no person or vessel, except
for the safety vessels assisting with the event may enter the safety
zone unless given permission from the COTP or the designated on-scene
representative. The Coast Guard may be assisted by other Federal,
State, or local law enforcement agencies in enforcing this regulation.
    This notice is issued under authority of 33 CFR 165.119 and 5
U.S.C. 552 (a). In addition to this notice in the Federal Register, the
Coast Guard will provide mariners with advanced notification of
enforcement periods via the Local Notice to Mariners and Broadcast
Notice to Mariners.
    If the COTP determines that the regulated area need not be enforced
for the full duration stated in this notice, a Broadcast Notice to
Mariners may be used to grant general permission to enter the regulated
area.

    Dated: December 11, 2014.
J.C. O'Connor III,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2014-30458 Filed 12-29-14; 8:45 am]
BILLING CODE 9110-04-P