[Federal Register Volume 70, Number 46 (Thursday, March 10, 2005)]
[Rules and Regulations]
[Pages 11858-11863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4626]


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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740, 744, 772 and 774

[Docket No. 050218043-5043-01]
RIN 0694-AD42


Revisions to the Export Administration Regulations based on the 
2004 Missile Technology Control Regime Plenary Agreements; Additions to 
the Entity List; Revisions to the Missile Catch-All Controls

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), including various entries on 
the Commerce Control List (CCL), to reflect changes to the Missile 
Technology Control Regime (MTCR) Annex that were agreed to by MTCR 
member countries at the October 2004 Plenary in Seoul, South Korea, as 
well as the plenary decision to allow Bulgaria to become a member of 
the MTCR.
    In addition to these changes, this rule adds four entities located 
in Syria to the Entity List. The Entity List is a compilation of end-
users that present an unacceptable risk of using or diverting certain 
items to activities related to weapons of mass destruction. BIS 
requires a license for most exports or reexports to these entities and 
maintains the Entity List to inform the public of these license 
requirements.
    Lastly, this rule revises the missile catch-all controls for 
Restrictions on Certain Rocket Systems, by clarifying that the general 
prohibition includes a license requirement for items that will be used, 
anywhere in the world except by governmental programs for nuclear 
weapons delivery of NPT Nuclear Weapons States that are also members of 
NATO, in ``the design, development, production or use of'' rocket 
systems or unmanned air vehicles, regardless of range capabilities, for 
the delivery of chemical, biological, or nuclear weapons. This is a 
clarification of revisions published November 8, 2004 (69 FR 64657).

EFFECTIVE DATE: This rule is effective: March 10, 2005.

FOR FURTHER INFORMATION CONTACT: Steven B. Clagett, Director, Nuclear 
and Missile Technology Controls Division, Bureau of Industry and 
Security, Telephone: (202) 482-1641.

SUPPLEMENTARY INFORMATION:

Background

    The Missile Technology Control Regime (MTCR) is an export control 
arrangement among 34 nations, including the world's most advanced 
suppliers of ballistic missiles and missile-related materials and 
equipment. The regime establishes a common export control policy based 
on a list of controlled items (the Annex) and on guidelines (the 
Guidelines) that member countries follow to implement national export 
controls. The goal of maintaining the Annex and the Guidelines is to 
stem the flow of missile systems capable of delivering weapons of mass 
destruction to the global marketplace.
    While the MTCR was originally created to prevent the spread of 
missiles capable of carrying a nuclear warhead, it was expanded in 
January 1993 to also cover delivery systems for chemical and biological 
weapons. The only absolute prohibition in the regime's Guidelines is on 
the transfer of complete ``production facilities'' for specially 
designed items in Category I of the MTCR Annex.
    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 implementation of the regime's Guidelines is 
effectuated through the national export control laws and policies of 
the regime members.
    This rule makes the following revisions to the Export 
Administration Regulations (EAR) to reflect changes to the Missile 
Technology Control Regime (MTCR) Annex agreed to at the October 2004 
Plenary in Seoul, South Korea and to reflect the new membership of 
Bulgaria in the MTCR:
    As a result of Bulgaria becoming a member of the Missile Technology 
Control Regime, the entry for Bulgaria in supplement No. 1 to part 740 
(Country Group A) is revised by inserting an ``X'' in the box under 
column [A:2](Missile Technology Control Regime).
    This rule amends Part 772 of the EAR to revise the definition for 
``Usable in'' or ``Capable of'' (MTCR context) to now include ``usable 
for'' and ``usable as'' in the list of terms that are defined by this 
definition. In addition, the first sentence of this definition is 
revised from reading ``Equipment, parts, components or `software' that 
are suitable for a particular purpose.'' to read ``Equipment, parts, 
components, materials or `software' which are suitable for a particular 
purpose.'' (MTCR Annex change, Introduction, Definitions, Terminology)
    In addition, the Commerce Control List (CCL) (EAR Part 774) is 
amended to

[[Page 11859]]

reflect changes to the Missile Technology Control Regime (MTCR) Annex 
agreed to at the October 2004 Plenary in Seoul, South Korea. Changes to 
three ECCNs are expected to result in some increase in licensing 
activity, however the majority of these amendments reflect 
clarifications to the CCL that will result in no actual change to the 
control parameters of the affected ECCNs.
    The following ECCNs are affected:
    ECCN 1C007 is amended by changing the MT license requirement in the 
License Requirements section by increasing the frequency parameters 
from ``100 Hz to 10,000 MHz for use in missile radomes'' to read ``100 
MHz to 100 GHz for use in `missile' radomes.'' (MTCR Annex change, 
Category II: Item 6(C)(5)) This amendment is a clarification to the CCL 
that will result in an increase in the frequency parameters for the 
control parameters of this ECCN but will have only a minimal increase 
on licensing activity;
    ECCN 1C107 is amended to correspond with a change made to the 
related MT license requirement in ECCN 1C007 by increasing the 
frequency parameters from ``at frequencies from 100 Hz to 10 GHz'' to 
read ``at any frequency from 100 MHz to 100 GHz'' (MTCR Annex change, 
Category II: Item 6(C)(5)) This amendment is a clarification to the CCL 
that will result in an increase in the frequency parameters for the 
control parameters of this ECCN but will have only a minimal increase 
on licensing activity.
    ECCN 1C111 is amended by adding a sentence at the end of the 
``related controls'' paragraph that reads ``Solid oxidizer substances 
are subject to the export licensing authority of the U.S. Department of 
State, Directorate of Defense Trade Controls (See 22 CFR 121.1 Category 
V).'' (clarification needed as a result of changes made at MTCR 
Plenary) This amendment is a clarification to the CCL that will result 
in no actual change in the control parameters of this ECCN.
    ECCN 1C116 is amended by clarifying the heading by replacing the 
phrase ``of 1,500 MPa or greater'' with the phrase ``equal to or 
greater than 1.5 GPa'' (MTCR Annex change, Category II: Item 6(C)(8)) 
This amendment is a clarification to the control parameters of this 
ECCN, but will have a minimal increase on licensing activity.
    ECCN 2A001 is amended by adding a new MT control to the CCL to 
control exports and reexports of ``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 the following characteristics,'' 
as described in the MT control of the License Requirements section of 
this ECCN. (MTCR Annex change, Category II: Item 3(A)(7)) As a result 
of this amendment, a new license requirement will be added to the CCL 
for Missile Technology controls that will result in an increase in 
license applications for ball bearings meeting the criteria of this 
ECCN.
    ECCN 2B104 is amended by clarifying the language used in the 
2B104.a parameter by inserting the phrase ``equal to or greater than'' 
before ``69 MPa'' (MTCR Annex change, Category II: Item 6(B)(3)(a)) 
This amendment is a clarification to the CCL that will result in no 
actual change in the control parameters of this ECCN.
    ECCN 2B116 is amended:
    (a) By changing the 2B116.a parameter from ``at 10 g rms or more 
over the entire range 20 Hz to 2,000 Hz and imparting forces of 50 kN 
(11,250 lbs.)'' to read ``at an acceleration equal to or greater than 
10 g rms between 20 Hz to 2,000 Hz and imparting forces equal to a 
greater than 50 kN (11,250 lbs.)'' (MTCR Annex change, Category II: 
Item 15(B)(1)(a)) This amendment is a clarification to the CCL that 
will result in no actual change in the control parameters of this ECCN;
    (b) By clarifying the language used in the 2B116.c parameter by 
replacing the phrase ``of 50 kN (11,250 lbs.), measured `bare table', 
or greater'' with the phrase ``equal to or greater than 50 kN (11,250 
lbs.), measured `bare table' ''. (MTCR Annex change, Category II: Item 
15(B)(1)(c)) This amendment is a clarification to the CCL that will 
result in no actual change in the control parameters of this ECCN; and
    (c) By clarifying the language used in 2B116.d parameter by 
replacing the phrase ``of 50 kN, measured ``bare table'', or greater'' 
with the phrase ``equal to or greater than 50 kN, measured ``bare 
table'' (MTCR Annex change, Category II: Item 15(B)(1)(d)) This 
amendment is a clarification to the CCL that will result in no actual 
change in the control parameters of this ECCN.
    ECCN 9A106 is amended:
    (a) By clarifying the language used in the 9A106.d parameter by 
replacing the phrase ``of more than'' with the phrase ``greater than'' 
before ``10 g rms'' (MTCR Annex change, Category II: Item 3(A)(5)) This 
amendment is a clarification to the CCL that will result in no actual 
change in the control parameters of this ECCN;
    (b) By amending note (a) in the ``items'' paragraph to add the 
phrase ``equal to or greater than'' to clarify which servo valves are 
controlled by 9A106.d (MTCR Annex change, Category II: Item 3(A)(5) 
Notes (1)) This amendment is a clarification to the CCL that will 
result in no actual change in the control parameters of this ECCN; and
    (c) By clarifying the language used in the 9A106.e parameter by 
replacing the phrase ``of more than'' with the phrase ``greater than'' 
before ``10g rms'' (MTCR Annex change, Category II: Item 10(A)(3)) This 
amendment is a clarification to the CCL that will result in no actual 
change in the control parameters of this ECCN.
    ECCN 9A107 is amended by clarifying the heading by replacing the 
phrase ``of 0.841 Mns or greater.'' with the phrase ``equal to or 
greater than 8.41 x 10\5\ Ns, but less than 1.1 x 10\6\ Ns.'' (MTCR 
Annex change, Category II: Item 20(A)(1)(b)) This amendment is a 
clarification to the CCL that will result in no actual change in the 
control parameters of this ECCN.
    ECCN 9B106 is amended:
    (a) By changing the 9B106.a.1 parameter from ``Vibration 
environments of 10 g rms or greater between 20 Hz and 2,000 Hz 
imparting forces of 5 kN or greater'' to read ``Vibration environments 
equal to or greater than 10 g rms, measured `bare table', between 20 Hz 
and 2,000 Hz imparting forces equal to or greater than 5 kN'' (MTCR 
Annex change, Category II: Item 15(B)(4)(a)(1)) This amendment is a 
clarification to the CCL that will result in no actual change in the 
control parameters of this ECCN;
    (b) By clarifying the language used in the 9B106.a.2.a parameter by 
replacing the phrase ``Altitude of 15,000 m or greater'' with the 
phrase ``Altitude equal to or greater than 15,000 m'' (MTCR Annex 
change, Category II: Item 15(B)(4)(a)(2)(a)) This amendment is a 
clarification to the CCL that will result in no actual change in the 
control parameters of this ECCN;
    (c) By adding a technical note to specify that paragraph 9B106.a 
describes systems that are capable of generating a vibration 
environment with a single wave (e.g., a sine wave) and systems capable 
of generating a broad band random vibration (i.e., power spectrum)'' 
(MTCR Annex change, Category II: Item 15(B)(4) Technical note) This 
amendment is a clarification to the CCL that will result in no actual 
change in the control parameters of this ECCN;
    (d) By changing the type of chambers covered in the 9B106.b 
parameter from ``Anechoic chambers'' to ``Environmental chambers 
capable of simulating all of the following flight conditions' (MTCR 
Annex change,

[[Page 11860]]

Category II: Item 15(B)(4)(b)) This amendment is a clarification to the 
CCL that will result in a change in the control parameters of this ECCN 
but will have only a minimal impact on licensing activity;
    (e) By changing the 9B106.b.1 parameter from ``a rated power output 
of 4 kW or greater'' to read ``a total rated acoustic power output of 
4kW or greater'' (MTCR Annex change, Category II: Item 15(B)(4)(b)(1)) 
This amendment is a clarification to the CCL that will result in no 
actual change in the control parameters of this ECCN; and
    (f) By clarifying the language used in the 9B106.b.2.a parameter by 
replacing the phrase ``Altitude of 15,000 m or greater'' with the 
phrase ``Altitude equal to or greater than 15,000 m''. (MTCR Annex 
change, Category II: Item 15(B)(4)(b)(2)(a)) This amendment is a 
clarification to the CCL that will result in no actual change in the 
control parameters of this ECCN.
    ECCN 9B117 is amended:
    (a) By clarifying the heading by replacing the phrase ``rockets or 
rocket motors'' with the phrase ``rockets, motors or rocket engines''. 
(clarification to be consistent with the MTCR change made to 9B117.a) 
This amendment is a clarification to the heading of this ECCN and will 
have only a minimal impact on licensing activity; and
    (b) By changing the 9B117.a parameter from ``capacity to handle 
more than 90 kN of thrust'' to read ``capacity to handle solid or 
liquid propellant rocket motors or rocket engines having a thrust 
greater than 90 kN''. (MTCR Annex change, Category II: Item 15(B)(3)) 
This amendment is a clarification to the control parameters of this 
ECCN and will have a minimal impact on licensing activity.
    This rule also makes the following revisions to the EAR:
    Pursuant to Section 744.3(b), this rule amends Supplement No. 4 to 
part 744 (the Entity List) by adding four entities located in Syria to 
the Entity List. This notifies the public that a license is required 
for the export or reexport of all items subject to the EAR to the 
Higher Institute of Applied Science and Technology (HIAST), Industrial 
Establishment of Defense (IED), National Standards and Calibration 
Laboratory (NSCL), and the Scientific Studies and Research Center 
(SSRC). License applications to export or reexport items subject to the 
EAR to these entities will be reviewed with a presumption of denial.
    This rule revises the license requirement imposed in 744.3(a)(2) 
(Restrictions on Certain Rocket Systems), by clarifying that the 
general prohibition now includes a license requirement for items that 
will be used, anywhere in the world, except by governmental programs 
for nuclear weapons delivery of NPT Nuclear Weapons States that are 
also members of NATO, in ``the design, development, production or use 
of'' rocket systems or unmanned air vehicles, regardless of range 
capabilities, for the delivery of chemical, biological, or nuclear 
weapons.

Savings Clause

    Shipments of items removed from eligibility for a License Exception 
or export or reexport without a license (NLR) as a result of this 
regulatory action that were on dock for loading, on lighter, laden 
aboard an exporting or reexporting carrier, or en route aboard a 
carrier to a port of export or reexport, on March 10, 2005, pursuant to 
actual orders for export or reexport to a foreign destination, may 
proceed to that destination under the previous eligibility for a 
License Exception or export or reexport without a license (NLR) so long 
as they are exported or reexported before April 11, 2005. Any such 
items not actually exported or reexported before midnight, on April 11, 
2005, require a license in accordance with this rule.
    Although the Export Administration Act expired on August 20, 2001, 
Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp., p. 783 
(2002)), as extended by the Notice of August 6, 2004, 69 FR 48763 
(August 10, 2004) continues the Regulations in effect under the 
International Emergency Economic Powers Act.

Rulemaking Requirements

    1. This final rule has been determined to be not significant for 
purposes of E.O. 12866.
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with a collection of information, subject to the 
requirements of the Paperwork Reduction Act, unless that collection of 
information displays a currently valid Office of Management and Budget 
Control Number. This rule involves a collection of information subject 
to the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.). This 
collection has been approved by the Office of Management and Budget 
under control number 0694-0088, ``Multi-Purpose Application,'' which 
carries a burden hour estimate of 58 minutes for a manual or electronic 
submission. Send comments regarding these burden estimates or any other 
aspect of these collections of information, including suggestions for 
reducing the burden, to David Rostker, Office of Management and Budget 
(OMB), by e-mail to [email protected], or by fax to (202) 395-
7285; and to the Office of Administration, Bureau of Industry and 
Security, Department of Commerce, 14th and Pennsylvania Avenue, NW., 
Room 6883, Washington, DC 20230.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The provisions of the Administrative Procedure Act (5 U.S.C. 
553) requiring notice of proposed rulemaking, the opportunity for 
public participation, and a delay in effective date, are inapplicable 
because this regulation involves a military and foreign affairs 
function of the United States (5 U.S.C. 553(a)(1)). Further, no other 
law requires that a notice of proposed rulemaking and an opportunity 
for public comment be given for this final rule. Because a notice of 
proposed rulemaking and an opportunity for public comment are not 
required to be given for this rule under the Administrative Procedure 
Act or by any other law, the analytical requirements of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Therefore, 
this regulation is issued in final form. Although there is no formal 
comment period, public comments on this regulation are welcome on a 
continuing basis. Comments should be submitted to Timothy Mooney, 
Office of Exporter Services, Bureau of Industry and Security, 
Department of Commerce, PO Box 273, Washington, DC 20044.

List of Subjects

15 CFR Part 740

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

15 CFR Part 744

    Exports, Reporting and recordkeeping requirements, Terrorism.

15 CFR Part 772

    Exports.

15 CFR Part 774

    Exports, Reporting and recordkeeping requirements.

0
Accordingly, parts 740, 744, 772 and 774 of the Export Administration 
Regulations (15 CFR parts 730-799) are amended as follows:

PART 740--[AMENDED]

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


[[Page 11861]]


    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
Sec. 901-911, Pub. L. 106-387; E.O. 13026, 61 FR 58767, 3 CFR, 1996 
Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; 
Notice of August 6, 2004, 69 FR 48763 (August 10, 2004).

SUPPLEMENT NO. 1 TO PART 740--[AMENDED]

0
2. Supplement No. 1 to part 740--Country Group A is amended in the 
entry for ``Bulgaria'' by adding an ``X'' in the [A:2] (Missile 
Technology Control Regime) column.

PART 744--[AMENDED]

0
3. The authority citation for 15 CFR part 744 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 901-911, Pub. L. 106-
387; Sec. 221, Pub. L. 107-56; E.O. 12058, 43 FR 20947, 3 CFR, 1978 
Comp., p. 179; E.O. 12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; 
E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 12947, 60 
FR 5079, 3 CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13099, 63 FR 45167, 3 CFR, 1998 Comp., p. 
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13224, 
66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice of August 6, 2004, 69 
FR 48763 (August 10, 2004); Notice of November 4, 2004, 69 FR 64637 
(November 8, 2004).


Sec.  744.3  [Amended]

0
4. Section 744.3 is amended by revising the phrase ``anywhere in the 
world, in rocket systems or unmanned air vehicles'' in paragraph (a)(2) 
to read ``anywhere in the world except by governmental programs for 
nuclear weapons delivery of NPT Nuclear Weapons States that are also 
members of NATO, in the design, development, production or use of 
rocket systems or unmanned air vehicles''.
0
5. Supplement No. 4 to part 744 is amended by adding, in alphabetical 
order, the following country and entities:

                                    Supplement No. 4 to Part 744--Entity List
----------------------------------------------------------------------------------------------------------------
                                                            License         License review     Federal Register
             Country                    Entity            requirement           policy             citation
----------------------------------------------------------------------------------------------------------------
 
                                                    * * * * *
Syria...........................  Higher Institute    For all items       Presumption of      70 FR [INSERT FR
                                   of Applied          subject to the      denial.             PAGE NUMBER, 3/10/
                                   Science and         EAR. (see Sec.                          05.]
                                   Technology          744.3 of the EAR).
                                   (HIAST).
                                  Industrial          For all items       Presumption of      70 FR [INSERT PAGE
                                   Establishment of    subject to the      denial.             NUMBER, 3/10/05.]
                                   Defense (IED).      EAR. (see Sec.
                                                       744.3 of the EAR).
                                  National Standards  For all items       Presumption of      70 FR [INSERT FR
                                   and Calibration     subject to the      denial.             PAGE NUMBER, 3/10/
                                   Laboratory (NSCL).  EAR. (see Sec.                          05.]
                                                       744.3 of the EAR).
                                  Scientific Studies  For all items       Presumption of      70 FR [INSERT FR
                                   and Research        subject to the      denial.             PAGE NUMBER, 3/10/
                                   Center (SSRC).      EAR. (see Sec.                          05.]
                                                       744.3 of the EAR).
----------------------------------------------------------------------------------------------------------------

* * * * *

PART 772--[AMENDED]

0
6. The authority citation for 15 CFR part 772 continues to read as 
follows:

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of August 
6, 2004, 69 FR 48763 (August 10, 2004).


0
7. In section 772.1 of the EAR, revise the definition of ``Usable in or 
Capable of''. (MTCR context), as set forth below:


Sec.  772.1  Definitions of terms as used in the Export Administration 
Regulations (EAR).

* * * * *
    ``Usable in'', ``usable for'', ``usable as'' or ``Capable of''. 
(MTCR context)--Equipment, parts, components, materials or ``software'' 
which are suitable for a particular purpose. There is no need for the 
equipment, parts, components, materials or ``software'' to have been 
configured, modified or specified for the particular purpose. For 
example, any military specification memory circuit would be ``capable 
of'' operation in a guidance system.
* * * * *

PART 774--[AMENDED]

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

    Authority: 50 U.S.C. app. 2401 et seq.; 50 U.S.C. 1701 et seq.; 
10 U.S.C. 7420; 10 U.S.C. 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. 
287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 
185(u); 42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. 
app. 466c; 50 U.S.C. app. 5; Sec. 901-911, Pub. L. 106-387; Sec. 
221, Pub. L. 107-56; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 
228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice of 
August 6, 2004, 69 FR 48763 (August 10, 2004).


0
9. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C007 is amended by 
revising the License Requirements section, to read as follows:

SUPPLEMENT NO. 1 TO PART 744--THE COMMERCE CONTROL LIST

* * * * *

1C007 Ceramic Base Materials, Non-``Composite'' Ceramic Materials, 
Ceramic-``Matrix'' ``Composite'' Materials and Precursor Materials, as 
Follows (see List of Items Controlled)

License Requirements

                     Reason for Control: NS, MT, AT
------------------------------------------------------------------------
               Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
MT applies to items in 1C007.d and .f    MT Column 1.
 when the dielectric constant is less
 than 6 at any frequency from 100 MHz
 to 100 GHz for use in ``missile''
 radomes.

[[Page 11862]]

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


    License Requirement Notes: See Sec.  743.1 of the EAR for 
reporting requirements for exports under License Exceptions.

* * * * *
0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C107 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

1C107 Graphite and Ceramic Materials, Other Than Those Controlled by 
1C007, as Follows (see List of Items Controlled)

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Fine grain recrystallized bulk graphites with a bulk density 
of 1.72 g/cm3 or greater, measured at 288 K (15 [deg]C), 
and having a particle size of 100 micrometers or less, usable for 
rocket nozzles and reentry vehicle nose tips as follows:
    a.1. Cylinders having a diameter of 120 mm or greater and a 
length of 50 mm or greater;
    a.2. Tubes having an inner diameter of 65 mm or greater and a 
wall thickness of 25 mm or greater and a length of 50 mm or greater;
    a.3. Blocks having a size of 120 mm x 120 mm x 50 mm or greater.
    b. Pyrolytic or fibrous reinforced graphites, usable for rocket 
nozzles and reentry vehicle nose tips;
    c. Ceramic composite materials (dielectric constant is less than 
6 at any frequency from 100 MHz to 100 GHz), for use in ``missile'' 
radomes; and
    d. Bulk machinable silicon-carbide reinforced unfired ceramic, 
usable for nose tips.

0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C111 is amended by 
revising the ``related controls'' paragraph in the List of Items 
Controlled section, to read as follows:

1C111 Propellants and Constituent Chemicals for Propellants, Other Than 
Those Specified in 1C011, as Follows (See List of Items Controlled)

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: (1) Butacene as defined by 1C111.c.1 is 
subject to the export licensing authority of the U.S. Department of 
State, Directorate of Defense Trade Controls. (See 22 CFR 
121.12(b)(6), other ferrocene derivatives). (2) See 1C018 for 
controls on oxidizers that are composed of fluorine and one or more 
of the following--other halogens, oxygen, or nitrogen. Solid 
oxidizer substances are subject to the export licensing authority of 
the U.S. Department of State, Directorate of Defense Trade Controls 
(See 22 CFR 121.1 Category V).
    Related Definitions: * * *
    Items: * * *
0
12. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Materials, Chemicals, ``Microorganisms'' & ``Toxins'', 
Export Control Classification Number (ECCN) 1C116 is amended by 
revising the Heading, to read as follows:

1C116 Maraging Steels (Steels Generally Characterized by High Nickel, 
Very Low Carbon Content and the Use of Substitutional Elements or 
Precipitates To Produce Age-Hardening) Having an Ultimate Tensile 
Strength Equal to or Greater Than 1.5 GPa, Measured at 293 K (20 
[deg]C), in the Form of Sheet, Plate or Tubing With a Wall or Plate 
Thickness Equal to or Less Than 5 mm

* * * * *

0
13. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2A001 is amended by revising the License Requirements section, 
and the License Exceptions section, to read as follows:

2A001 Anti-Friction Bearings and Bearing Systems, as Follows, (See List 
of Items Controlled) and Components Therefor

License Requirements

                     Reason for Control: NS, MT, AT
------------------------------------------------------------------------
               Control(s)                         Country Chart
------------------------------------------------------------------------
NS applies to entire entry.............  NS Column 2.
MT applies to radial ball bearings       MT Column 1.
 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
 the following characteristics: An
 inner ring bore diameter between 12
 and 50 mm; an outer ring outside
 diameter between 25 and 100 mm; and a
 width between 10 and 20 mm..
AT applies to entire entry.............  AT Column 1.
------------------------------------------------------------------------

License Exceptions

LVS: $3000, N/A for MT
GBS: Yes, for 2A001.a and 2A001.b, N/A for MT
CIV: Yes, for 2A001.a and 2A001.b, N/A for MT
* * * * *

0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B104 is amended by revising the ``items'' paragraph in the List 
of Items Controlled section, to read as follows:

2B104 ``Isostatic Presses'', Other Than Those Controlled by 2B004, 
Having All of the Following Characteristics (See List of Items 
Controlled)

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Maximum working pressure equal to or greater than 69 MPa;
    b. Designed to achieve and maintain a controlled thermal 
environment of 873 K (600[deg] C) or greater; and
    c. Possessing a chamber cavity with an inside diameter of 254 mm 
or greater.

0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 2--Materials Processing, Export Control Classification Number 
(ECCN) 2B116 is amended by revising the ``items'' paragraph in the List 
of Items Controlled section, to read as follows:

[[Page 11863]]

2B116 Vibration Test Systems, Equipment and Components Therefor, as 
Follows (See List of Items Controlled)

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Vibration test systems employing feedback or closed loop 
techniques and incorporating a digital controller, capable of 
vibrating a system at an acceleration equal to or greater than 10 g 
rms between 20 Hz to 2,000 Hz and imparting forces equal to or 
greater than 50 kN (11,250 lbs.), measured ``bare table'';
    b. Digital controllers, combined with specially designed 
vibration test ``software'', with a real-time bandwidth greater than 
5 kHz and designed for use with vibration test systems described in 
2B116.a;
    c. Vibration thrusters (shaker units), with or without 
associated amplifiers, capable of imparting a force equal to or 
greater than 50 kN (11,250 lbs.), measured `bare table', and usable 
in vibration test systems described in 2B116.a;
    d. Test piece support structures and electronic units designed 
to combine multiple shaker units into a complete shaker system 
capable of providing an effective combined force equal to or greater 
than 50 kN, measured `bare table', and usable in vibration test 
systems described in 2B116.a.

    Technical Note: `bare table' means a flat table, or surface, 
with no fixture or fitting.


0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles, and Related Equipment, 
Export Control Classification Number (ECCN) 9A106 is amended by 
revising the ``items'' paragraph in the List of Items Controlled 
section, to read as follows:

9A106 Systems or Components, Other Than Those Controlled by 9A006, 
Usable in ``Missiles'', as Follows (see List of Items Controlled), and 
Specially Designed for Liquid Rocket Propulsion Systems

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Ablative liners for thrust or combustion chambers;
    b. Rocket nozzles;
    c. Thrust vector control sub-systems;

    Technical Note: Examples of methods of achieving thrust vector 
control controlled by 9A106.c includes:

    1. Flexible nozzle;
    2. Fluid or secondary gas injection;
    3. Movable engine or nozzle;
    4. Deflection of exhaust gas steam (jet vanes or probes); or
    5. Thrust tabs.
    d. Liquid and slurry propellant (including oxidizers) control 
systems, and specially designed components therefor, designed or 
modified to operate in vibration environments greater than 10 g rms 
between 20 Hz and 2000 Hz.

    Note: The only servo valves and pumps controlled by 9A106.d, are 
the following:

    a. Servo valves designed for flow rates equal to or greater than 
24 liters per minute, at an absolute pressure equal to or greater 
than 7 MPa, that have an actuator response time of less than 100 ms;
    b. Pumps, for liquid propellants, with shaft speeds equal to or 
greater than 8,000 rpm or with discharge pressures equal to or 
greater than 7 MPa.
    e. Flight control servo valves designed or modified for use in 
``missiles'' and designed or modified to operate in a vibration 
environment greater than 10g rms over the entire range between 20Hz 
and 2 kHz.

0
17. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9A107 is amended by 
revising the Heading, to read as follows:

9A107 Solid Propellant Rocket Engines, Usable in Rockets With a Range 
Capability of 300 Km or Greater, Other Than Those Controlled by 9A007, 
Having Total Impulse Capacity Equal to or Greater Than 8.41 x 10\5\ Ns, 
but less than 1.1 x 10\6\ (These Items are Subject to the Export 
Licensing Authority of the U.S. Department of State, Directorate of 
Defense Trade Controls. See 22 CFR part 121.)

* * * * *

0
18. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9B106 is amended by 
revising the ``items'' paragraph of the List of Items Controlled 
section, to read as follows:

9B106 Environmental Chambers and Anechoic Chambers, as Follows (see 
List of Items Controlled)

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. Environmental chambers capable of simulating all of the 
following flight conditions:
    a.1. Vibration environments equal to or greater than 10 g rms, 
measured ``bare table'', between 20 Hz and 2,000 Hz imparting forces 
equal to or greater than 5 kN; and
    a.2. Any of the following:
    a.2.a. Altitude equal to or greater than 15,000 m; or
    a.2.b. Temperature range of at least 223 K (-50[deg] C) to 398 K 
(+125[deg] C);

    Technical Note: Item 9B106.a describes systems that are capable 
of generating a vibration environment with a single wave (e.g., a 
sine wave) and systems capable of generating a broad band random 
vibration (i.e., power spectrum).

    b. Environmental chambers capable of simulating all of the 
following flight conditions:
    b.1. Acoustic environments at an overall sound pressure level of 
140 dB or greater (referenced to 2 x 10-5 N/m\2\) or with 
a total rated acoustic power output of 4kW or greater; and
    b.2. Any of the following:
    b.2.a. Altitude equal to or greater than 15,000 m; or
    b.2.b. Temperature range of at least 223K (-50[deg] C) to 398 K 
(+125[deg] C).

0
19. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Propulsion Systems, Space Vehicles and Related Equipment, 
Export Control Classification Number (ECCN) 9B117 is amended by 
revising the Heading, and the ``items'' paragraph in the List of Items 
Controlled section, to read as follows:

9B117 Test Benches and Test Stands for Solid or Liquid Propellant 
Rockets, Motors or Rocket Engines, Having Either of the Following 
Characteristics (see List of Items Controlled)

* * * * *

List of Items Controlled

    Unit: * * *
    Related Controls: * * *
    Related Definitions: * * *
    Items:
    a. The capacity to handle solid or liquid propellant rocket 
motors or rocket engines having a thrust greater than 90 kN; or
    b. Capable of simultaneously measuring the three axial thrust 
components.

    Dated: March 3, 2005.
Matthew S. Borman,
Deputy Assistant Secretary for Export Administration.
[FR Doc. 05-4626 Filed 3-9-05; 8:45 am]
BILLING CODE 3510-33-P