[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]
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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