[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Rules and Regulations]
[Pages 264-295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31322]



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Vol. 79

Thursday,

No. 1

January 2, 2014

Part III





Department of Commerce





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Bureau of Industry and Security





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15 CFR Parts 740 and 774





 Control of Military Training Equipment, Energetic Materials, Personal 
Protective Equipment, Shelters, Articles Related to Launch Vehicles, 
Missiles, Rockets, Military Explosives, and Related Items; Final Rule

  Federal Register / Vol. 79 , No. 1 / Thursday, January 2, 2014 / 
Rules and Regulations  

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DEPARTMENT OF COMMERCE

Bureau of Industry and Security

15 CFR Parts 740 and 774

[Docket No.--120201082-3709-02]
RIN 0694-AF58


Control of Military Training Equipment, Energetic Materials, 
Personal Protective Equipment, Shelters, Articles Related to Launch 
Vehicles, Missiles, Rockets, Military Explosives, and Related Items

AGENCY: Bureau of Industry and Security, Department of Commerce.

ACTION: Final rule.

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SUMMARY: This rule implements four previously proposed rules, and adds 
to the Export Administration Regulations (EAR) controls on energetic 
materials, personal protective equipment, shelters, military training 
equipment, articles related to launch vehicles, missiles, rockets, 
military explosives, and related items that the President has 
determined no longer warrant control on the United States Munitions 
List (USML). This rule also adds to the EAR controls on items within 
the scope of the Munitions List (WAML) of the Wassenaar Arrangement on 
Export Controls for Conventional Arms and Dual-Use Goods and 
Technologies (Wassenaar Arrangement) that are not specifically 
identified on the USML or the Commerce Control List (CCL), but that 
were subject to USML jurisdiction. Finally, this rule moves certain 
items that were already subject to the EAR to the new Export Control 
Classification Numbers (ECCNs) created by this rule. This rule is being 
published in conjunction with the publication of a Department of State, 
Directorate of Defense Trade Controls rule revising USML Categories IV, 
V, IX, X, and XVI to control those articles the President has 
determined warrant control in those categories of the USML. Both rules 
are part of the President's Export Control Reform Initiative. The 
revisions in this final rule are also part of Commerce's retrospective 
regulatory review plan under Executive Order (EO) 13563.

DATES: This rule is effective July 1, 2014.

FOR FURTHER INFORMATION CONTACT: For questions regarding energetic 
materials and related items controlled under ECCNs 1B608, 1C608, or 
1D608 and personal protective equipment, shelters and related items 
controlled under ECCNs 1A613, 1B613, 1D613 or 1E613, contact Michael 
Rithmire, Office of National Security and Technology Transfer Controls, 
at (202) 482-6105 or [email protected].
    For questions regarding military training equipment and related 
items controlled under ECCNs 0A614, 0B614, 0D614 or 0E614, contact 
Daniel Squire, Office of National Security and Technology Transfer 
Controls, at (202) 482-3710 or [email protected].
    For questions regarding items related to launch vehicles, missiles, 
rockets, and military explosive devices controlled under ECCNs 0A604, 
0B604, 0D604 or 0E604 and ECCNs 9A604, 9B604, 9D604 or 9E604, contact 
Dennis Krepp, Office of National Security and Technology Transfer 
Controls, at (202) 482-1309 or [email protected].

ADDRESSES: Commerce's full retrospective regulatory review plan can be 
accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.

SUPPLEMENTARY INFORMATION:

Background

    This final rule is part of the Administration's Export Control 
Reform (ECR) Initiative. In August 2009, President Obama directed the 
Administration to conduct a broad-based review of the U.S. export 
control system to identify additional ways to enhance national 
security. In April 2010, then-Secretary of Defense Robert M. Gates, 
describing the initial results of that effort, explained that 
fundamental reform of the U.S. export control system is necessary to 
enhance our national security. Implementing ECR includes amending the 
International Traffic in Arms Regulations (ITAR) and its U.S. Munitions 
List (USML), so that they control only those items that provide the 
United States with a critical military or intelligence advantage or 
otherwise warrant such controls, and amending the Export Administration 
Regulations (EAR) to control military items that do not warrant USML 
controls. This series of amendments to the ITAR and the EAR will reform 
the U.S. export control system to enhance our national security by: (i) 
Improving the interoperability of U.S. military forces with allied 
countries; (ii) strengthening the U.S. industrial base by, among other 
things, reducing incentives for foreign manufacturers to design out and 
avoid US-origin content and services; and (iii) allowing export control 
officials to focus government resources on transactions that pose 
greater national security, foreign policy, or proliferation concerns 
than those involving our NATO allies and other multi-regime partners.
    On April 16, 2013, BIS published a final rule setting forth the 
framework for adding to the CCL items that the President has determined 
no longer warrant control on the USML through the creation of ``600 
series'' Export Control Classification Numbers (ECCNs) (78 FR 22660, 
April, 16, 2013) (herein the ``April 16 (initial implementation) 
rule''). The ``600 series'' structure is described in the preamble to 
that rule at pages 22661-22663 and 22691-22692 and in regulatory text 
at page 22727 and is not repeated here. This rule follows that 
structure in creating new ECCNs to control energetic materials and 
related items, personal protective equipment, shelters and related 
items, military training equipment and related items, and articles 
related to launch vehicles, missiles, rockets, military explosives and 
related items on the CCL.
    The changes described in this rule and the State Department's rule 
amending Categories IV, V, IX, X and XIV of the USML are based on a 
review of those categories by the Defense Department, which worked with 
the Departments of State and Commerce in preparing the amendments. The 
review was focused on identifying the types of articles that are now 
controlled by the USML that either (i) are inherently military and 
otherwise warrant control on the USML, or (ii) if of a type common to 
civil applications, possess parameters or characteristics that provide 
a critical military or intelligence advantage to the United States and 
that are almost exclusively available from the United States. If an 
article was found to satisfy either or both of those criteria, the 
article remains on the USML. If an article was found not to satisfy 
either criterion, but is nonetheless a type of article that is 
``specially designed'' for military applications, then, generally, it 
is identified in one of the new ``600 series'' ECCNs created by this 
rule. No articles from Category XVI--Nuclear Weapons Related Articles 
are identified in ``600 series'' ECCNs.
    Section 38(f) of the AECA (22 U.S.C. 2778(f)) obligates the 
President to review periodically the USML ``to determine what items, if 
any, no longer warrant export controls under'' the AECA. The President 
must report the results of the review to Congress and wait 30 days 
before removing any such items from the USML. The report must 
``describe the nature of any controls to be imposed on that item under 
any other provision of law'' (22 U.S.C. 2778(f)(1)). The Department of 
State made the congressional notification required by Section 38(f) of 
the AECA for removal of these items from the USML.
    All references to the USML in this rule are to the list of defense 
articles

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that are controlled for purposes of export, reexport, retransfer, 
temporary import, or brokering pursuant to the ITAR, and not to the 
list of defense articles on the United States Munitions Import List 
(USMIL) that are controlled by the Bureau of Alcohol, Tobacco, Firearms 
and Explosives (ATF) for purposes of permanent import under its 
regulations at 27 CFR Part 447. Pursuant to section 38(a)(1) of the 
AECA, all defense articles controlled for export or import, or that are 
subject to brokering controls, are part of the ``USML'' under the AECA. 
All defense articles described in the USMIL or the USML are subject to 
the brokering controls administered by the U.S. Department of State in 
part 129 of the ITAR. The transfer of defense articles from the ITAR's 
USML to the EAR's CCL, for purposes of export controls, does not affect 
the list of defense articles controlled on the USMIL under the AECA for 
purposes of permanent import or brokering controls.
    On January 18, 2011, President Barack Obama issued Executive Order 
(EO) 13563, affirming general principles of regulation and directing 
government agencies to conduct retrospective reviews of existing 
regulations. The revisions in this final rule are part of Commerce's 
retrospective regulatory review plan under EO 13563. Commerce's full 
plan, completed in August 2011, can be accessed at: http://open.commerce.gov/news/2011/08/23/commerce-plan-retrospective-analysis-existing-rules.

Proposed Rules

    This rule implements amendments to the EAR proposed in the 
following four rules:
     ``Revisions to the Export Administration Regulations 
(EAR): Control of Energetic Materials and Related Items That the 
President Determines No Longer Warrant Control Under the United States 
Munitions List (USML)'', (RIN 0694-AF53) (77 FR 25932, May 2, 2012) 
(herein ``the May 2 (energetic materials) rule'');
     ``Revisions to the Export Administration Regulations 
(EAR): Control of Personal Protective Equipment, Shelters, and Related 
Items the President Determines No Longer Warrant Control Under the 
United States Munitions List (USML),'' (RIN 0694-AF58) (77 FR 33688, 
June 7, 2012) (herein ``the June 7 (protective equipment) rule'');
     ``Revisions to the Export Administration Regulations 
(EAR): Control of Military Training Equipment and Related Items the 
President Determines No Longer Warrant Control Under the United States 
Munitions List (USML)'' (RIN 0694-AF54) (77 FR 35310, June 13, 2012) 
(herein ``the June 13 (training equipment) rule''); and
     ``Revisions to the Export Administration Regulations 
(EAR): Articles the President Determines No Longer Warrant Control 
Under the U.S. Munitions List That Are Related To Launch Vehicles, 
Missiles, Rockets, and Military Explosive Devices'' (78 FR 6750, 
January 31, 2013) (RIN 0694-AF56) (herein ``the January 31 (launch 
vehicles) rule'').

BIS' responses to those comments and changes that apply only to a 
single set of controlled items are addressed in discrete sections 
below. Discussion of changes made by this rule that apply more broadly 
(cross references to ECCN 0A919, notes on forgings and castings, the 
United Nations reason for control, removal of the .y.99 paragraphs 
separate definitions for ``accessories'' and ``attachments'' and the 
composition of the entries for software and technology) all follow 
immediately below.

Broadly Applicable Changes Made by This Rule

Cross References to ECCN 0A919

    In keeping with the pattern established in ``Revisions to the 
Export Administration Regulations: Military Vehicles; Vessels of War; 
Submersible Vessels, Oceanographic Equipment; Related Items; and 
Auxiliary and Miscellaneous Items That the President Determines No 
Longer Warrant Control Under the United States Munitions List'' (78 FR 
40892) (July 8, 2013) (herein ``July 8 (vehicles, vessels and 
miscellaneous equipment) rule''), this final rule adds to the ``related 
controls'' paragraph of Product Groups A, B, C, and D of the ``600 
series'' ECCNs the following sentence: ``See ECCN 0A919 for foreign-
made `military commodities' that incorporate more than a de minimis 
amount of U.S.-origin ``600 series'' controlled content.'' This is a 
non-substantive change from what was proposed.

Forgings and Castings

    The four proposed rules on which this rule is based included a note 
in ECCNs 0A604.x, 1B608.x, 1A613.x, 0A614.x, 0B614.x and 9A604.x which 
stated that: ``Forgings, castings, and other unfinished products, such 
as extrusions and machined bodies, that have reached a stage in 
manufacture where they are clearly identifiable by material 
composition, geometry, or function as commodities controlled by 
[ECCN].x are controlled by [ECCN].x.''
    This final rule adds the phrase ``mechanical properties'' to notes 
in ECCNs 0A604.x, 1A613.x 0A604.x and 9A604.x, because there may be 
circumstances when the mechanical properties, as well as the material 
composition, geometry or function, of a forging, casting, or unfinished 
product may have been altered specifically for a part or component 
controlled by one of those ECCNs. The omission of ``mechanical 
properties'' from the lists in the proposed rules was an error that is 
being corrected in this rule. This final rule removes the note from 
ECCNs 1B608.x and 0B614.x because it is not relevant to product group B 
ECCNs, which apply to test, inspection, and production equipment.

United Nations (UN) Reason for Control

    None of the four proposed rules on which this rule is based 
included the United Nations (UN) reason for control in any of their 
ECCNs. Consistent with the April 16 (initial implementation) rule, this 
final rule includes the UN controls described in Sec.  746.1(b) of the 
EAR in all of the ECCNs that it creates. These controls are consistent 
with the amendments contained in a final rule that BIS published on 
July 23, 2012 (77 FR 42973), titled ``Export and Reexport Controls to 
Rwanda and United Nations Sanctions under the Export Administration 
Regulations.'' That rule amended Sec.  746.1 of the EAR to describe the 
licensing policy that applies to countries subject to a United Nations 
Security Council (UNSC) arms embargo and to limit the use of license 
exceptions to such countries. Applying that licensing policy and 
related license exception restrictions to the new ``600 series'' ECCNs 
that are created by this final rule is appropriate, because of the 
military nature of the items controlled under these new ECCNs.

Paragraph .y.99

    The May 2 (energetic materials) rule, the June 7 (protective 
equipment) rule and the June 13 (training equipment) rule proposed 
including .y.99 paragraphs to ECCNs 1B608, 1D608, 1E608, 1A613, 1B613, 
1D613, 1E613, 0A614, 0B614, 0D614 and 0E614. Those paragraphs would 
have imposed the antiterrorism (AT Column 1) reason for control on 
items that would otherwise be controlled in that ECCN but that had been 
determined to be subject to the EAR in a commodity jurisdiction 
determination issued by the Department of State and that are not 
elsewhere identified on the CCL (i.e., were designated as EAR99). 
Applying the AT Column 1 reason for control would have increased the 
number of circumstances under which these items would require a 
license. As stated in the preamble to

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the April 16 (initial implementation) rule (See 78 FR 22660, 22663, 
April 16, 2013), BIS agreed with a commenter that the burden of 
tracking down and analyzing whether items formally determined not to be 
subject to the ITAR that were also EAR99 items because they were not 
identified on the CCL outweighs the once-contemplated organizational 
benefits of creating the .y.99 control. Such items have already gone 
through an interagency review process that concluded whether the items 
were subject to the ITAR. Thus, BIS has determined that any such items 
should retain EAR99 status if not otherwise identified on the CCL and 
this final rule does not contain any .y.99 paragraphs.

Accessories and Attachments

    The May 2 (energetic materials) rule, the June 7 (protective 
equipment) rule, and the June 13 (training equipment) rule enclosed the 
phrase ``accessories and attachments'' in quotation marks throughout 
their regulatory texts, in keeping with the July 15 (framework) rule, 
which proposed a single definition for that phrase. Subsequently, BIS 
published a proposed rule entitled `` `Specially Designed' Definition'' 
(77 FR 36409, June 19, 2012), which proposed, inter alia, creating 
separate, but identical definitions for ``accessories'' and for 
``attachments'' to allow for instances when only one of the terms would 
be used. The April 16 (initial implementation) rule, which became 
effective on October 15, 2013, adopted that change as a final rule. 
Accordingly, this final rule identifies ``accessories'' and 
``attachments'' as separate terms wherever they appear throughout the 
regulatory text.

Consistency of Controls

    This final rule diverges in certain instances from the four 
proposed rules on which it was based with respect to the composition of 
the ECCNs. Software and technology ECCNs related to end items, 
production or other equipment, or materials generally control software 
and technology for the development and production of those items, and 
for some combination of the following six elements: operation, 
installation, maintenance, repair, overhaul, or refurbishing of those 
items. Separate technical teams determined the scope of control for 
different groups of ECCNs. As a result, different software and 
technology entries varied in the number and type of functions 
controlled.
    While this variation was not technically inappropriate and did not 
receive public comments when proposed in four separate rules, BIS is 
concerned that retaining this variation would complicate compliance. 
Standard text across ECCNs is a simpler approach. Therefore, each 
software ECCN in this final rule will control software for 
``development,'' ``production,'' operation, or maintenance of the 
relevant items. Each new ``600 series'' technology ECCN in this final 
rule will control technology for ``development,'' ``production,'' 
operation, installation, maintenance, repair, overhaul, or refurbishing 
of those items. To the extent that a particular function does not apply 
to a particular item because no software or technology to perform the 
function with respect to that item exists, no burden is imposed. 
Controlling a larger number of functions in technology ECCNs is not an 
increase in burden, because all six functions are now controlled for 
technology on the USML.
    Similarly, all ``production'' ``equipment'' ECCNs will control 
test, inspection, and production equipment ``specially designed'' for 
the ``development,'' ``production,'' repair, overhaul, or refurbishing 
of the relevant items.

Military Training Equipment and Related Items

Public Comments and BIS Responses

    BIS received comments from one individual and one organization in 
response to the June 13 (training equipment) rule.
    Comment: One commenter stated that the proposed rule (in 
combination with the Department of State's June 13, 2012 (military 
training equipment) rule) fails to cover some of the military training 
commodities and related test, inspection and production equipment, 
software and technology on the Wassenaar Arrangement Munitions List. 
This commenter pointed out WAML category ML14, which applies to 
military training equipment, uses terms such as ``specialized'' and 
``modified for'' in describing such equipment, whereas the June 13 
(training equipment) rule used the term ``specially designed.'' The 
commenter suggested that the meanings of ``specialized'' and ``modified 
for'' could be broader than the meaning of ``specially designed.'' This 
commenter also suggested that the U.S. Government should seek a change 
in the WAML to match the proposed changes to the EAR and not publish a 
final rule until such a change is adopted.
    Response: BIS believes that the definition of ``specially 
designed,'' which became effective on October 15, 2013, in Sec.  772.1 
of the EAR, will not cause any of the gaps in coverage that this 
commenter suggests. The definition initially encompasses items ``for 
use'' in an article on the USML or an item on the CCL and then goes on 
to release items that meet one or more of six specific criteria. BIS 
believes that the term ``for use in an article on the USML or an item 
on the CCL'' covers anything that would be covered by the terms 
``specialized'' or ``modified for'' and that one of the six criteria 
releasing items from the definition would release anything that would 
not be covered by the terms ``specialized'' or ``modified for.'' 
Accordingly, BIS is making no changes to the rule and does not agree 
that a change to the WAML is needed before this rule is published.
    Comment: One commenter indicated that proposed ECCN 0D614, which 
applies to certain software directly related to military training 
equipment, is narrower than WAML category ML21, which applies to inter 
alia certain ``Software . . . for . . . equipment, materials or 
software, specified by the Munitions List,'' leaving such software for 
software not subject to export license requirements despite its 
presence on the WAML.
    Response: BIS does not agree with this commenter's interpretation 
of WAML category ML21. BIS believes that the phrase ``specified by the 
Munitions List'' in category ML21 refers to categories on the WAML that 
cover equipment, materials or software, not to WAML category ML21 
itself, which applies to software generally. WAML category ML14 applies 
to military training equipment, which, in this rule, is covered by ECCN 
0A614. ECCN 0D614 applies to software for that equipment, thereby 
implementing the scope of WAML category ML21 as it applies to software 
for military training equipment.
    Comment: One commenter stated that the military training equipment 
in proposed ECCN 0A614 would overlap proposed ECCN 0A617.d test models 
for development of USML or 600 series items.
    Response: BIS does not agree that the overlap suggested by the 
commenter exists. ECCN 0A617.d (as published at 78 FR 40892, 40913, 
July 8, 2013) will, when effective, apply to test models used in the 
``development'' of defense articles controlled by USML Categories IV, 
VI, VII and VIII. The term ``development'' is defined in the EAR to 
relate to activities that occur prior to serial production of an item 
(15 CFR 772.1). ECCN 0A614 will apply to training equipment, which may 
include some models used for training, but any test models used at the 
development stage would be covered by ECCN

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0A617.d. BIS does not believe that any change in the wording of either 
ECCN is necessary to make this point.
    Comment: One commenter stated that proposed 0A614.a equipment for 
military training not in Category IX includes military trainer aircraft 
in proposed ECCN 9A610.a in the November 7 (aircraft) rule and in 
existing ECCN 9A991.a.2.
    Response: Proposed ECCN 0A614.a applies to training simulators. 
ECCN 9A610.a, which has become effective since the commenter made this 
comment, and ECCN 9A991.a.2 apply to operational aircraft. Therefore, 
the duplication that the commenter suggests does not actually exist.
    Comment: One commenter objected to the .y.99 paragraphs in the 
ECCNs generally. The commenter pointed out that the .y.99 paragraphs 
imposed AT controls on items that previously had been classified by the 
U.S. government as EAR99. The other commenter stated that the header to 
ECCN 0A614.y is limited to parts, components, accessories and 
attachments, whereas paragraph .y.99 of that ECCN is not so limited.
    Response: BIS agrees that items previously determined to be EAR99 
should not be added to the 600 series as a result of this rule. 
Therefore, this final rule contains no .y.99 paragraphs.
    Comment: One commenter stated that commodities in proposed ECCN 
0B614 are included in existing ECCN 2B018 and related software and 
technology for those ECCN 0B614 commodities in ECCNs 0D614 and 0E614 
are included in existing ECCNs 2D018 and 2E018, respectively.
    Response: ECCN 2B018 covers certain enumerated equipment used in 
armaments manufacture. ECCN 0B614 covers test, inspection and 
production equipment specially designed for military training 
equipment. Although some of that training equipment is used to train 
personnel in the use of armaments, BIS believes that there is little, 
if any, overlap between ECCNs 0B614 and 2B018. In the event that such 
overlap exists, the order of review set forth in Supplement No. 4 to 
part 774 of the EAR, which became effective on October 15, 2013 would 
give a 600 series ECCN precedence over a non-600 series ECCN, thereby 
unambiguously resolving any overlap in favor of ECCN 0B614. In the same 
way, any overlap between ECCNs 0D614 and 2D018 or between ECCNs 0E614 
and 2E018 that may exist would be unambiguously resolved in favor of 
ECCN 0D614 and 0E614. Accordingly, BIS is making no changes to this 
final rule in response to this comment.
    Comment: One commenter stated that the coverage of ``parts'' and 
``attachments'' in ECCN 0A614.x and .y in effect extended the ECCN to 
things not covered on the WAML because the words ``parts'' and 
``attachments'' do not appear on the WAML.
    Response: The only items listed in ECCN 0A614.y in the June 13 
(training equipment) rule were in paragraph .y.99. As noted above, that 
paragraph has been removed from this final rule and because nothing 
else was in the .y paragraph, the entire paragraph has been removed 
from this final rule. Therefore, with respect to ECCN 0A614.y, the 
commenter's point has become moot.
    ECCN 0A614.x applies to certain ``specially designed'' ``parts,'' 
``components,'' ``accessories'' and ``attachments'' for military 
training equipment. The WAML category ML14 uses the phrase ``specially 
designed components and attachments'' for military training equipment. 
The words ``parts'' and ``accessories'' are not used in describing 
things anywhere on WAML or on the Wassenaar Arrangement Dual-Use List. 
Nevertheless, longstanding practice has been to interpret the word 
``components'' in the WAML as including the types of things that are in 
the definitions of ``accessories,'' ``components,'' and ``parts'' that 
became effective on October 15, 2013. Therefore, BIS concludes that 
removing the terms ``parts'' and ``attachments'' from ECCN 0A614.x 
would exclude things that are covered by WAML category ML14.
    Comment: One commenter stated that ECCNs 0A614.x and 0B614.y.99 
cover parts and components for certain items on the USML that are not 
on the WAML. Additionally, that commenter stated that ECCNs 0D614 and 
0E614, because they cover software and technology for, inter alia, 
ECCNs 0A614.x and 0B614.y.99, cover software and technology that is not 
on the WAML.
    Response: ECCN 0B614.y has been removed from this final rule for 
the same reason that 0A614.y was removed as noted above, making the 
commenter's remarks regarding paragraph .y moot.
    With respect to 0A614.x, 0D614 and 0E614, BIS acknowledges that the 
USML applies to things that are not on the WAML. BIS is not aware of 
any statement by the Department of State, which administers the USML, 
or by any other unit of the U.S. Government that the USML is or should 
be or is intended to be limited to items that are on the WAML. The 
purpose of the ECCNs created by this rule (and all other 600-series 
ECCNs created as part of the President's Export Control Reform 
Initiative) is to control on the CCL items that the President 
determines no longer warrant control under the USML without regard to 
whether those items are also on the WAML. Accordingly, BIS is making no 
changes to the rule in response to this comment.

Revision to ECCN 9A610 to Avoid Duplicative Coverage Military 
Instrument Flight Trainers

    ECCN 9A610.t reads: ``Military aircraft instrument flight trainers 
that are not `specially designed' to simulate combat.'' (See USML Cat 
IX for controls on such trainers that are ``specially designed'' to 
simulate combat.) The June 13 (training equipment) rule proposed a note 
for ECCN 0A614.a that reads: ``Note: This entry includes operational 
flight trainers, radar target trainers, flight simulators for aircraft 
classified under ECCN 9A610.a, human-rated centrifuges, radar trainers 
for radars classified under ECCN 3A611, instrument flight trainers for 
military aircraft, navigation trainers for military items, target 
equipment, armament trainers, military pilotless aircraft trainers, 
mobile training units and training `equipment' for ground military 
operations.'' This rule removes the phrase ``radar trainers for radars 
classified under 3A611'' from that note. ECCN 3A611 is a proposed new 
ECCN that has not yet been incorporated into the EAR (see 77 FR 70945, 
70952. November 28, 2012 and 78 FR 45026, 45045, July 25, 2013). This 
change is needed to avoid referencing a non-existent ECCN in a final 
rule. BIS expects that, as part of the ECR Initiative, a new ECCN 3A611 
will be created, that it will control, inter alia, some radars and that 
ECCN 0A614 will control radar trainers for those radars. BIS expects to 
restore the phrase to this note when ECCN 3A611 is created.
    To remove duplicative coverage of military instrument flight 
trainers, this rule removes and reserves ECCN 9A610.t. BIS believes 
that this structure will make the EAR more consistent by classifying 
all military training equipment that is not on the USML under ECCN 
0A614. Trainer aircraft would continue to be either in ECCN 9A610.a or 
in USML Category VIII or in ECCN 9A991.

Revision to 0A614 to be Consistent With ``600 Series'' Order of Review

    In addition to the changes made in response to the public comments 
described above, this rule removes from ECCN 0A614.x text that appeared 
in the proposed rule, which would have excluded from that ECCN items 
that appear elsewhere on the CCL. This

[[Page 268]]

change is made to be consistent with the CCL order of review in 
Supplement No. 4 to part 774 of the EAR, which became effective on 
October 15, 2013. That order of review gives for 600 series ECCNs 
precedence over other ECCNs.

Energetic Materials and Related Items

    BIS received comments from six parties in response to the May 2 
(energetic materials) rule.

ECCN 1C111.a.1 (Aluminum Powder)

    Comment: Two commenters noted that the Related Definitions 
paragraph in ECCN 1C111 indicated particle size must be determined 
``through the use of best industrial practices,'' while proposed ECCN 
1C111.a.1.a limited the methods for determining particle size to the 
following methods: (1) ISO 2591:1988 (sieving techniques); or (2) 
national equivalents, such as JIS Z8820 (sedimentation). As an 
alternative, the respondents recommended that the ``Light Scattering'' 
method be used to determine particle size distribution in metal 
powders, as described by ASTM standard B 822-02, which is widely used 
in the metal powder industry and in the manufacture of propellants.
    Response: This final rule retains the method of determining 
particle size ``according to ISO 2591:1988 or national equivalents,'' 
but eliminates the specific reference in ECCN 1C111.a.1 to JIS Z8820. 
BIS made this change to clarify that ECCN 1C111.a.1 does not limit 
exporters to using only the JIS Z8820 standard if they choose to 
determine particle size by using ``national equivalents'' to ISO 
2591:1988.
    Comment: Three commenters noted that ECCN 1C111.a.1, as proposed to 
be amended by the May 2 (energetic materials) rule, appeared to be a 
combination of the then current CCL controls on aluminum powder (as 
proposed in ECCN 1C111.a.1.a) and the then current USML Category V 
controls (as proposed in ECCN 1C111a.1.b), neither of which clearly 
described the aluminum powders subject to control. Two of the 
commenters also indicated that the controls in ECCN 1C111.a.1 should 
include more specific parameters for particle size.
    Response: This final rule amends ECCN 1C111.a.1 consistent with the 
controls in Category II, Item 4.C.2.c of the Missile Technology Control 
Regime (MTCR) Annex, which controls: ``Spherical or spheroidal aluminum 
powder (CAS 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 2591:1988 or 
national equivalents.'' These revised controls provide a specific upper 
limit on particle size (i.e., all particles that have a particle size 
of less than 200 x 10-\6\ m (200 [micro]m) and that meet all 
of the other technical characteristics indicated in ECCN 1C111.a.1, 
including 10% of the total weight consisting of particles of less than 
63 [micro]m, are subject to control under this ECCN).
    Comment: Two commenters expressed their concern that, within the 
context of ECCN 1C111.a.1.b as proposed by the May 2 (energetic 
materials) rule, the meaning of the term ``spheroidal'' was not clear 
and, furthermore, neither was the method by which the percentage of 
``spheroidal'' particles would be measured (in determining whether more 
than 50% of the particles are ``spheroidal'').
    Response: As noted above, this final rule addresses the commenters' 
concerns by amending ECCN 1C111.a.1 to be consistent with the controls 
in Category II, Item 4.C.2.c of the MTCR Annex and by removing the 
controls in proposed ECCN 1C111.a.1.b. ECCN 1C111.a.1, as amended by 
this final rule, uses the term ``spheroidal,'' in conjunction with the 
term ``spherical,'' to describe the types of aluminum powder that are 
subject to control under this ECCN.
    Comment: Two commenters recommended that spherical or spheroidal 
aluminum powder be made subject to less stringent controls than those 
described in the proposed amendments to ECCN 1C111.a.1 in the May 2 
(energetic materials) rule. That rule proposed controlling spherical or 
spheroidal aluminum powder for both missile technology (MT) and AT 
reasons to destinations indicated under MT Column 1 and AT Column 1, 
respectively, on the Commerce Country Chart (Supplement No. 1 to part 
738 of the EAR). In support of their recommendation, the commenters 
noted the use of aluminum powders in a wide range of predominately 
commercial and civil applications, including the production of 
conductive inks for photovoltaic applications, automotive pigments, 
thermal spray applications, refractory materials, and heat management 
devices and, in addition, cited the widespread availability of 
technology for the production of spherical or spheroidal aluminum 
powder.
    Response: This final rule does not adopt the commenters' 
recommendation. The spherical or spheroidal aluminum powder described 
in ECCN 1C111.a.1, as amended by this final rule, is identified under 
Category II, Item 4.C.2.c of the MTCR Annex. Therefore, consistent with 
U.S. obligations as a participating country in the MTCR, this final 
rule controls spherical or spheroidal aluminum powder for MT reasons 
(as well as AT reasons) and requires a license to all destinations 
indicated under MT Column 1 on the Commerce Country Chart (i.e., all 
countries, except for Canada).

ECCN 1C111.a.3.f (Chlorine Trifluoride)

    Comment: One commenter recommended that BIS restrict the 
application of MT controls on chlorine trifluoride, as proposed to be 
controlled under ECCN 1C111.a.3.f in the May 2 (energetic materials) 
rule, by creating an exemption from MT controls for chlorine 
trifluoride that is purified and packaged in commercial quantities for 
civil applications. Specifically, the respondent recommended that BIS 
add a Note to ECCN 1C111.a.3.f to read as follows: ``Chlorine 
trifluoride is not controlled for MT reasons when purified and packaged 
in commercial quantities for civil applications.''
    Response: This final rule does not adopt the commenter's 
recommendation. Chlorine trifluoride, which is described in ECCN 
1C111.a.3.f as amended by this final rule, is identified under Category 
II, Item 4.C.4.a.6 of the MTCR Annex and, prior to the effective date 
of this final rule, continues to be controlled for MT/AT/UN reasons 
under ECCN 1C018.m and for NP/AT reasons under ECCN 1C238. Consistent 
with U.S. obligations as a participating country in the text of the 
MTCR Annex and the Nuclear Suppliers Group Dual-Use Annex (Item 2.C.6), 
this final rule amends ECCN 1C111 to control chlorine trifluoride under 
ECCN 1C111.a.3.f for MT/NP/AT reasons.

ECCN 1C111.b.2 (Hydroxy-Terminated Polybutadiene (Including Hydroxyl--
Terminated Polybutadiene) (HTPB))

    Comment: One commenter recommended that BIS authorize exports and 
reexports of Hydroxyl-terminated polybutadiene (``HTPB''), under the 
Special Comprehensive License (SCL) procedure, by amending Sec.  
752.3(a)(1) of the EAR to remove the restriction on the eligibility of 
MT-controlled items. The commenter also recommended that ``sample 
shipments'' of HTPB be excluded from control under ECCN 1C111. In 
support of these recommendations, the commenter noted the following: 
(1) HTPB resin products are a staple of the manufacturing process for a 
broad range of commercial sectors (e.g., automotive, electronic); (2) 
HTPB is widely available and is

[[Page 269]]

manufactured in every continent; and (3) many MTCR-participating 
countries are leading exporters of HTPB and the lack of parity in the 
way various countries interpret their MTCR obligations provides an 
unfair advantage to non-U.S. manufacturers of HTPB products.
    Response: This final rule does not adopt the commenter's 
recommendations. HTPB, which is described in ECCN 1C111.b.2 as amended 
by this final rule, is identified under Category II, Item 4.C.5.b of 
the MTCR Annex. The controls on HTPB, as described in ECCN 1C111.b.2, 
are consistent with U.S. obligations as a participating country in the 
MTCR. Specifically, HTPB requires a license for MT reasons under MT 
Column 1, which includes all destinations except for Canada. 
Furthermore, neither this final rule nor the State Department's 
companion rule change the controls that apply to HTPB. ECCN 1C111.b.2, 
as amended by this final rule, continues to control Hydroxy-terminated 
polybutadiene (including hydroxyl-terminated polybutadiene) (HTPB), 
except for 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), which remains subject to 
the ITAR (see 22 CFR 121.1, Category V). The export controls on HTPB 
that are administered by DDTC are consistent with those described in 
WAML 8.e.12. This final rule amends the control text in ECCN 1C111.b.2 
to clarify the scope of the EAR controls on HTPB by including a 
reference to the related USML Category V controls described above.

Controls on Certified Reference Standards, Certified Reference 
Materials and Standard Reference Materials (CRS)

    Comment: One commenter recommended the removal from USML Category V 
and the addition to the CCL of Certified Reference Standards, Certified 
Reference Materials and Standard Reference Materials (referred to 
collectively as CRS) that contain trace amounts of certain chemicals 
controlled under USML Category V. Specifically, the commenter proposed 
that a new ECCN 1C994 be added to the CCL to control CRS that contain 
less than 0.5 grams total quantity of one or more USML Category V 
chemicals, provided that: (1) The total amount of the controlled 
chemicals comprises less than or equal to one percent of the total 
quantity of the CRS; and (2) the mixture or compound lacks explosive 
characteristics. As an alternative, the commenter recommended 
controlling such mixtures or compounds under new ECCN 1C608.o on the 
CCL. In conjunction with this recommended change to the CCL, the 
commenter also recommended that a new interpretation be added to USML 
Category V to exclude such mixtures or compounds from control under 
Category V.
    Response: This final rule does not adopt the commenter's 
recommendation. The commenter submitted substantially the same 
recommendation in a comment to the State Department's proposed rule to 
revise USML Category V (77 FR 25944, May 2, 2012) that was published 
simultaneously with the May 2 (energetic materials) rule. The 
Department of State final rule that is being published simultaneously 
with this rule did not adopt that recommendation because: ``For two of 
these items--RDX and its derivatives and HMX and its derivatives--the 
MTCR Annex does not provide for a minimum level for establishing 
control as a munitions item. For the other two--Tetryl and 1,3,5-
trichlorobenezene--the Department [of State] determined that there is 
no minimum level for identifying military utility or lack thereof. 
Therefore, the Department did not accept this recommendation.'' BIS 
concurs with this decision of the Department of State and because the 
chemicals are not being removed from the USML, they cannot be added to 
the CCL.

Correspondence Between the BIS and State Category V Proposed Rules and 
WAML 8 (Energetic Materials and Related Substances)

    Comment: One commenter stated that certain amendments contained in 
the BIS May 2 (energetic materials) rule, and the companion State rule, 
did not fully correspond with the scope of WAML category 8 ``Energetic 
materials and related substances.'' Specifically, the commenter 
indicated that the two proposed rules did not cover the following WAML 
items: 8.a.34 (to the extent not covered by proposed ECCN 1C608.n); 
8.b.1; 8.b.2 (to the extent not covered by proposed USML Category 
V.b.1); 8.b.6 (to the extent not covered by proposed ECCN 1C608.h or 
.k); 8.e.6 (to the extent not covered by proposed ECCN 1C608.n); and 
8.f.4.e (to the extent not covered by proposed USML Cat V.f.4.v to 
.f.4.xv).
    Response: The specific WAML category 8 items cited by the commenter 
as not being addressed by the BIS May 2 (energetic materials) rule and 
the companion State rule, are, in fact, addressed by the catch-all text 
in new ``600 series'' ECCN 1C608.n. In this final rule, ECCN 1C608.n 
reads as follows: ``Any explosives, propellants, oxidizers, 
pyrotechnics, fuels, binders, or additives that are `specially 
designed' for military application and not enumerated in USML Category 
V or elsewhere on the USML.'' This final rule amends ECCN 1C608.n, as 
proposed by the May 2 (energetic materials) rule, by revising the 
phrase ``. . . not listed elsewhere in USML Category V or the CCL'' to 
read ``. . . not enumerated in USML Category V or elsewhere on the 
USML.'' This change is consistent with Supplement No. 4 to part 774 of 
the EAR, which, gives ``600 series'' ECCNs precedence over non-``600 
series'' ECCNs when classifying an item. This supplement became 
effective on October 15, 2013. Consequently, items that meet the 
general description in ECCN 1C608.n and that are not enumerated in USML 
Category V, or enumerated elsewhere on the USML, are controlled under 
ECCN 1C608.n.
    Comment: One commenter indicated that the BIS May 2 (energetic 
materials) rule and the companion State rule contain duplicative 
coverage of the following items: Inhibited red fuming nitric acid 
(IRFNA) (proposed USML Category V.d.10 and proposed ECCN 1C111.a.3.e); 
HTPB (proposed USML Category V.e.7 is a subset of proposed ECCN 
1C111.b.2); chlorine trifluoride (proposed ECCN 1C111.a.3.f and current 
ECCN 1C238); and spherical aluminum powder (proposed ECCN 1C111.a.1.b 
is a subset of proposed ECCN 1C111.a.1.a).
    Response: (1) IRFNA: Although the controls on ``inhibited red 
fuming nitric acid'' (IRFNA) in the BIS May 2 (energetic materials) 
rule and the companion State rule are similar, they were derived from 
different sources. The BIS rule proposed to amend ECCN 1C111 to control 
IRFNA under ECCN 1C111.a.3.e., using control text consistent with the 
IRFNA controls described in the MTCR Annex, Category II, Item 
4.C.4.a.5. In State's companion rule, the IRFNA controls conformed with 
the controls described in WAML 8.d.10, which states, ``Liquid oxidizers 
comprised of or containing inhibited red fuming nitric acid (IRFNA) 
(CAS 8007-58-7).'' To avoid confusion based on the similarity between 
these two sets of controls, this final rule does not add IRFNA to ECCN 
1C111. Instead, State's companion final rule will control IRFNA 
consistent with both the MTCR and WAML controls, and this rule adds a 
note to the ``Related Controls'' paragraph of ECCN 1C111 referring 
readers to USML Category V(d)(10) for controls on IRFNA.

[[Page 270]]

    (2) HTPB: As noted earlier, neither this final rule nor State's 
companion final rule changes the controls that apply to HTPB. The 
export controls on HTPB that are administered by DDTC are consistent 
with those described in WAML 8.e.12. The controls administered by BIS 
under ECCN 1C111.b.2, are consistent with those described in MTCR 
Annex, Category II, Item 4.C.5.b. To avoid any suggestion of a partial 
overlap in the HTPB controls maintained by BIS and State, this final 
rule amends ECCN 1C111.b.2 to clarify the scope of the EAR controls on 
HTPB by including a reference to the related USML Category V controls, 
which apply to 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).
    (3) Chlorine trifluoride: As discussed previously, BIS's May 2 
(energetic materials) rule did not propose to control chlorine 
trifluoride under both ECCN 1C111.a.3.f and ECCN 1C238. That rule 
proposed to remove ECCN 1C238 from the CCL, per amendatory instruction 
8 (see 77 FR 25942). However, prior to the effective date of 
this final rule, chlorine trifluoride continues to be controlled for 
MT/AT/UN reasons under ECCN 1C018.m and for NP/AT reasons under ECCN 
1C238.
    (4) Spherical aluminum powder: BIS's May 2 (energetic materials) 
rule proposed to amend ECCN 1C111.a.1 to control, under ECCN 
1C111.a.1.a, spherical aluminum powder not controlled by proposed 
1C111.a.1.b 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 percent of the total weight is made up of particles of less 
than 63 [micro]m, according to ISO 2591:1988 or national equivalents. 
ECCN 1C111.a.1.b, as proposed, would have controlled aluminum powder 
having all of the following characteristics: (i) Greater than 99% 
purity; (ii) greater than 50% of the particles being spheroidal, or 
produced by a gas atomization process using an inert gas such as 
nitrogen; and (iii) a particle size less than 60 microns. BIS agrees 
with the commenter's assessment that the controls described in proposed 
ECCN 1C111.a.1.a and .a.1.b, respectively, overlapped to some degree. 
Consequently, as noted above, this final rule revises new ECCN 
1C111.a.1 to be consistent with the controls in Category II, Item 
4.C.2.c of the MTCR Annex.
    Comment: One commenter indicated that BIS's May 2 (energetic 
materials) rule listed the following items in proposed new ECCN 1C608.a 
through .g and 1C608.j that are not identified in WAML 8: propellants 
having nitrocellulose with nitrogen content greater than 12.6%; shock 
tubes, cartridge power devices, detonators, igniters, oil well 
cartridges, boosters, and commercial pyrotechnic devices.
    Response: The items in proposed new ECCN 1C608 that the commenter 
has identified as not listed in WAML 8 are defense articles that, prior 
to the effective date of this final rule, will continue to be 
controlled under certain catch-all provisions in USML Category V. Most 
of the defense articles that the President has determined no longer 
warrant control on the USML, are controlled under ``600 series'' ECCNs 
on the CCL. In some instances, BIS follows this approach even when an 
item is not specifically identified on the WAML. In deciding whether a 
particular item should be controlled under a ``600 series'' ECCN, BIS 
considers whether the inherent or unique military or intelligence 
applicability of the item warrants, at a minimum, the level of control 
that is typically applicable under ``600 series'' ECCNs (i.e., NS, RS, 
and UN, except for those items identified under the .y paragraphs of 
these ECCNs, which are subject to AT controls only).

Changes to Controls on Energetic Materials Made by This Rule

    This final rule creates four new ``600 series'' ECCNs in CCL 
Category 1 (ECCNs 1B608, 1C608, 1D608, and 1E608) and amends ECCN 1C111 
to control some of the aluminum powder and hydrazine, and derivatives 
thereof, controlled under Category V of the USML prior to the effective 
date of this rule. In addition, this rule controls ``equipment'' for 
the ``production'' of explosives and solid propellants, previously 
classified under ECCN 1B018.a, and related ``software,'' previously 
classified under ECCN 1D018, under new ECCNs 1B608 and 1D608, 
respectively. Similarly, this rule removes commercial charges and 
devices containing energetic materials from control under ECCN 1C018 
and controls them under new ECCN 1C608, instead (except for chlorine 
trifluoride, which is controlled under ECCN 1C111.a.3.f). In a 
corresponding change, ECCN 1C238, which controlled chlorine trifluoride 
together with ECCN 1C018.m, is removed from the CCL. This rule also 
makes conforming changes to ECCNs 1C239, 1E001, 1E101, and 1E201. These 
amendments are discussed in more detail below.

New ECCN 1B608 (Test, Inspection, and Production ``Equipment'' and 
Related Commodities ``Specially Designed'' for the ``Development'' or 
``Production'' of Commodities Enumerated in ECCN 1C608 or USML Category 
V) and ECCN 1B018 Amended

    Paragraph .a of ECCN 1B608 controls test, inspection, and 
production ``equipment'' ``specially designed'' for the ``production'' 
of energetic materials and related commodities controlled by new ECCN 
1C608 or USML Category V and not elsewhere specified on the USML. This 
``equipment'' includes items controlled under ECCN 1B018.a.2 or .a.3 
prior to the effective date of this rule. Paragraph .b of ECCN 1B608 
controls complete installations not enumerated on the USML, including 
complete installations controlled under ECCN 1B018.a.1 prior to the 
effective date of this rule, that are ``specially designed'' for the 
``production'' of energetic materials and related commodities 
controlled by new ECCN 1C608 or USML Category V. Paragraph .c of ECCN 
1B608 controls environmental test facilities that are ``specially 
designed'' for the certification, qualification, or testing of items 
controlled by new ECCN 1C608 or USML Category V. Paragraphs .d through 
.w are reserved. Paragraph .x controls ``parts,'' ``components,'' 
``accessories'' and ``attachments'' (including certain unfinished 
products that have reached a stage in manufacturing where they are 
clearly identifiable as commodities controlled by paragraph .x) that 
are ``specially designed'' for a commodity controlled under paragraph 
.a, .b, or .c of ECCN 1B608 or a defense article in USML Category V and 
are not elsewhere specified on the USML. These ``parts,'' 
``components,'' ``accessories'' and ``attachments'' include ``specially 
designed'' ``parts'' and ``components'' controlled under ECCN 1B018.a.4 
prior to the effective date of this rule. Incorporating ECCN 1B018.a 
items into new ECCN 1B608 is consistent with the regulatory construct 
described in the April 16 (initial implementation) rule, under which 
WAML items in certain 018 ECCNs are consolidated with former USML items 
into ``600 series'' ECCNs. ECCN 1B018, as amended by this final rule, 
cross references ECCN 1B608, and ECCN 1B018.a is removed and reserved.

New ECCN 1C608 (Energetic Materials and Related Commodities) and ECCN 
1C018 Amended

    ECCN 1C608.a controls single base, double base, and triple base 
propellants having nitrocellulose with a nitrogen

[[Page 271]]

content greater than 12.6 percent in the form of either: (i) Sheetstock 
or carpet rolls or (ii) grains with a diameter greater than 0.10 
inches. Paragraphs .b through .m of ECCN 1C608 control commercial 
charges and devices (containing energetic materials) controlled under 
ECCN 1C018.b through .m prior to the effective date of this rule. This 
rule also reserves ECCN 1C608.i consistent with the format of the List 
of Items Controlled in ECCN 1C018, where ECCN 1C018.i is reserved. 
However, a Note following 1C608.m indicates that chlorine trifluoride, 
controlled under ECCNs 1C018.m and 1C238 prior to the effective date of 
this final rule, will be controlled under ECCN 1C111.a.3.f only, and 
not under new ECCN 1C608. Incorporating ECCN 1C018 items into new ECCN 
1C608 is consistent with the regulatory construct described in the 
April 16 (initial implementation) rule, under which WAML items in 
certain 018 ECCNs are consolidated with former USML items into ``600 
series'' ECCNs. ECCN 1C018, as amended, cross-references ECCN 1C608 and 
other ECCNs that control commercial charges and devices containing 
energetic materials. ECCN 1C608.n controls any explosives, propellants, 
oxidizers, pyrotechnics, fuels, binders, or additives that are 
``specially designed'' for military application and not listed in USML 
Category V or elsewhere on the USML.

New ECCN 1D608 (``Software'' ``Specially Designed'' for the 
``Development,'' ``Production,'' Operation, or Maintenance of 
Commodities Controlled by 1B608 or 1C608) and ECCN 1D018 Amended

    ECCN 1D608.a controls ``software'' ``specially designed'' for the 
``development,'' ``production,'' operation, or maintenance of 
commodities controlled by new ECCN 1B608 or 1C608. This ``software'' 
includes ``software'' controlled by ECCN 1D018, prior to the effective 
date of this final rule, for ``equipment'' in ECCN 1B018.a that is 
being moved to new ECCN 1B608 by this final rule. Incorporating ECCN 
1D018 ``software'' for ECCN 1B018.a items into new ECCN 1D608 is 
consistent with the regulatory construct described in the April 16 
(initial implementation) rule, under which WAML items in 018 ECCNs are 
consolidated with former USML items into ``600 series'' ECCNs. ECCN 
1D018, as amended by this final rule, cross-references ECCN 1D608. 
Paragraph .b of ECCN 1D608 is reserved.

New ECCN 1E608 (``Technology'' ``Required'' for the ``Development,'' 
``Production,'' Operation, Installation, Maintenance, Repair, Overhaul, 
or Refurbishing of Equipment Controlled in 1B608 or Materials 
Controlled by 1C608)

    ECCN 1E608.a controls ``technology'' ``required'' for the 
``development,'' ``production,'' operation, installation, maintenance, 
repair, overhaul, or refurbishing of items controlled by ECCN 1B608 or 
1C608. This ``technology'' includes ``technology'' controlled by ECCN 
1E001, prior to the effective date of this final rule, for 
``equipment'' in ECCN 1B018.a that is being moved to new ECCN 1B608 by 
this final rule. Accordingly, ECCN 1E001 is amended to exclude both 
``technology'' for 1B018.a items that are being moved to new ECCN 1B608 
and ``technology'' for new ECCN 1C608 items and to cross reference ECCN 
1E608 (the amendments to ECCN 1E001 are described in more detail, 
below). Paragraph .b of 1E608 controls ``technology'' for the 
``development'' or ``production'' of nitrocellulose with a nitrogen 
content over 12.6 percent and at rates greater than 2000 pounds per 
hour. Paragraph .c of 1E608 controls ``technology'' for the 
``development'' or ``production'' of nitrate esters (e.g., 
nitroglycerine) at rates greater than 2000 pounds per hour.

ECCN 1C111 Amended and ECCN 1C238 Removed

    This final rule amends ECCN 1C111 by adding under 1C111.a and 
1C111.d, respectively, aluminum powder and hydrazine and derivatives 
thereof, which the President has determined no longer warrant control 
under USML Category V. These items are added to ECCN 1C111 because they 
possess characteristics that are more similar to the propellants, and 
constituent chemicals therefor, that are controlled under ECCN 1C111 
than the energetic materials that are controlled under new ECCN 1C608. 
Like the items controlled under ECCN 1C111 prior to the effective date 
of this final rule, these additional items are subject to missile 
technology (MT Column 1) controls and anti-terrorism (AT Column 1) 
controls, except for symmetrical dimethyl hydrazine in ECCN 1C111.d.3, 
which is controlled for regional stability (RS Column 1) and anti-
terrorism (AT Column 1) reasons. In addition, this final rule amends 
the Related Controls paragraph in ECCN 1C111 to indicate that ECCN 
1C608 controls oxidizers that are composed of fluorine (and also other 
halogens, oxygen, or nitrogen), except for chlorine trifluoride, which 
is controlled under ECCN 1C111.a.3.f.
    As noted in the response to comments, prior to the effective date 
of this final rule, chlorine trifluoride will continue to be controlled 
under both ECCNs 1C018.m and 1C238; ECCN 1C018.m controls chlorine 
trifluoride for MT, UN and AT reasons while ECCN 1C238 controls 
chlorine trifluoride for NP reasons. Upon the effective date of this 
final rule, chlorine trifluoride will be removed from ECCNs 1C018.m and 
1C238 and controlled under ECCN 1C111.a.3.f only. This final rule does 
not also control chlorine trifluoride under ECCN 1C608.m, because 
chlorine trifluoride is not on the WAML and, consequently, is not 
subject to NS controls. Accordingly, this final rule amends ECCN 1C111 
to control chlorine trifluoride under ECCN 1C111.a.3.f for MT, NP and 
AT reasons. RS controls will not apply to chlorine trifluoride under 
ECCN 1C111 (as would normally be the case with items controlled under a 
``600 series'' ECCN), because such controls cover the same destinations 
as MT Column 1 restrictions. Because chlorine trifluoride is the only 
item controlled under ECCN 1C238, this ECCN is being removed from the 
CCL.

ECCN 1C239 Amended

    This final rule amends ECCN 1C239 by revising the Related Controls 
paragraph in the List of Items Controlled section to remove the 
reference to ECCN 1C018 and replace it with a reference to new ECCN 
1C608. The reason for this change is that the commercial charges and 
devices (containing energetic materials) controlled under ECCN 1C018.b 
through .m will be controlled under new ECCN 1C608.b through .m upon 
the effective date of this final rule. In addition, this final rule 
corrects the erroneous ITAR citation in the Related Controls paragraph 
to read 22 CFR 121.1.

ECCN 1E001 Amended

    This final rule amends ECCN 1E001 by revising the ECCN heading to 
exclude ``technology'' for items that, upon the effective date of this 
final rule, will be controlled under new ECCN 1B608 or 1C608 and by 
amending the Related Controls paragraph in the List of Items Controlled 
to include a reference to new ECCN 1E608. The heading of ECCN 1E001 
also is amended to exclude ``technology'' for items in new ECCN 1B613 
from control under this ECCN, because such ``technology'' is controlled 
under new ECCN 1E613 (this conforming change reflects the addition of 
new ECCNs 1A613, 1B613, 1D613 and 1E613, which are also being added

[[Page 272]]

to the CCL by this final rule and are described elsewhere in the 
preamble). In addition, this rule amends the nuclear nonproliferation 
(NP) controls paragraph in the License Requirements section of ECCN 
1E001 to include ``technology'' for ECCN 1C111 items controlled for NP 
reasons (i.e., chlorine trifluoride in ECCN 1C111.a.3.f). As a result 
of this change and the addition of chlorine trifluoride to ECCN 1C111, 
as described above, ``technology'' for the ``development'' or 
``production'' of chlorine trifluoride (ClF3) will be 
controlled under ECCN 1E001 for missile technology (MT Column 1), 
nuclear nonproliferation (NP Column 1), and anti-terrorism (AT Column 
1) reasons.
    In addition, this final rule amends the reference to ECCN 1E002.g, 
in the Related Controls paragraph of ECCN 1E001, to address control 
libraries (parametric technical databases) specially designed or 
modified to enable equipment to perform the functions of equipment 
controlled under either 1A004.c (Nuclear, biological and chemical (NBC) 
detection systems) or 1A004.d (Equipment for detecting or identifying 
explosives residues). Adding 1A004.d as a cross reference corrects an 
inadvertent but non-substantive omission in the EAR as ECCN 1E002.g 
refers to both 1A004.c and 1A004.d.

ECCN 1E101 Amended

    This final rule amends the License Requirements section of ECCN 
1E101, consistent with the ``technology'' controls of the Nuclear 
Suppliers Group (NSG), to apply nuclear nonproliferation (NP Column 1) 
controls to ``use'' ``technology'' for ECCN 1C111 items controlled for 
NP reasons (i.e., chlorine trifluoride in ECCN 1C111.a.3.f). As a 
result of this change, ``use'' ``technology'' for chlorine trifluoride 
will be controlled for nuclear nonproliferation (NP Column 1), missile 
technology (MT Column 1), and anti-terrorism (AT Column 1) reasons 
under ECCN 1E101. This change is consistent with the amendment in this 
final rule to remove chlorine trifluoride from ECCNs 1C018.m and 1C238 
and control chlorine trifluoride exclusively under ECCN 1C111.a.3.f . 
Prior to the effective date of this final rule, ``use'' ``technology'' 
for chlorine trifluoride will continue to be controlled under ECCN 
1E201 for nuclear nonproliferation (NP Column 1) and anti-terrorism (AT 
Column 1) reasons, only. Once this final rule becomes effective, it 
will amend ECCN 1E201 to remove ``use'' ``technology'' for chlorine 
trifluoride.

ECCN 1E201 Amended

    This final rule amends ECCN 1E201 by revising the ECCN heading to 
remove ``technology'' for ECCN 1C238 items (i.e., chlorine trifluoride) 
consistent with the ECCN 1C111 and 1E101 changes described above, 
whereby chlorine trifluoride will be controlled under ECCN 1C111.a.3.f 
only and ECCN 1E101 will be amended to control ``use'' ``technology'' 
for chlorine trifluoride.

Conforming Amendments to ECCNs 1A008, 1C011, and 1C992

    This final rule also revises the Related Controls paragraphs in 
ECCNs 1A008 and 1C011 and both the Related Controls and Related 
Definitions paragraphs in ECCN 1C992 to reflect the addition of new 
``600 series'' ECCN 1C608, as described above.
Changes to the EAR Amendments Proposed in the May 2 (Energetic 
Materials) Rule

Changes To Make New ECCNs 1B608 and 1C608 Consistent With the CCL Order 
of Review

    Supplement No. 4 to part 774 of the EAR provides an ``Order of 
review'' that gives ``600 series'' ECCNs precedence over non-``600 
series'' ECCNs when classifying an item. Accordingly, the controls in 
ECCN 1B608.a, .b, and .x in this final rule differ from the controls 
proposed in the May 2 (energetic materials) rule in that they do not 
limit the scope of the equipment, complete installations, and 
``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
specified in ECCN 1B608.a, .b, and .x, respectively, to items that are 
not controlled elsewhere on the CCL. This final rule also revises the 
controls in ECCN 1C608.n in a similar manner. This means that, if an 
item subject to the EAR is described by a ``600 series'' ECCN (e.g., 
ECCN 1B608 or ECCN 1C608), then the item would be controlled under the 
``600 series'' ECCN even if it were also described elsewhere on the CCL 
under a non-``600 series'' ECCN.

Personal Protective Equipment, Shelters and Related Items

    BIS received seven public comments in response to the June 7 
(protective equipment) rule.

Public Comments Regarding Body Armor

    Comment: One commenter stated that the controls for soft body armor 
in ECCNs 1A005.a and 1A613.d.1 differ only by whether the body armor 
was ``manufactured to military standards or specifications'' and thus 
is dependent on the class of end user (e.g., police vs. military).
    Response: BIS does not agree with this concern. Basing a control on 
military standards or specifications provides the necessary specificity 
to delineate that control regardless of the end user or its activities. 
Generally, when developing a product, one intends to meet military 
specifications and does not do so inadvertently. Consequently, BIS does 
not believe that the parameters proposed for soft body armor should be 
changed.
    Comment: One commenter expressed concerns that ECCNs 1A005.a and 
1A613.d.1 use ``military standards or specifications'' without defining 
that term, and the commenter proposed using ``specifically designed'' 
instead. Another commenter recommended adding the Note to ML13.d.1 in 
the WAML to ECCNs 1A005 and 1A613 to provide guidance on interpreting 
``military standards or specifications.'' The Note to ML13.d.1 provides 
that ``military standards or specifications include, at a minimum, 
specifications for fragmentation protection.''
    Response: BIS accepts the recommendation to use the Note to 
ML13.d.1 but does not accept the recommendation to use ``specifically 
designed.'' While BIS believes that the commenter intended to recommend 
``specially designed'' rather than ``specifically designed,'' BIS 
believes the Note to ML13.d.1 provides the necessary guidance on 
interpreting the phrase military standards or specifications, and is 
consistent with the Wassenaar Arrangement. Thus, this final rule 
includes new notes in ECCNs 1A005 and 1A613 that provide that military 
standards or specifications include, at a minimum, specifications for 
fragmentation protection.
    Comment: One commenter recommended that the text ``or foreign 
national equivalents'' be added to the description of hard body armor 
plates in ECCN 1A005.b to assist classifying foreign origin items in 
the United States that are not NIJ rated.
    Response: BIS accepts this recommendation and uses the phrase 
``national equivalents'' to conform the text in ECCN 1A005.b. to the 
text in the related Wassenaar Arrangement Dual Use List entry. BIS 
interprets the phrase to include standards of other nations that are 
equivalent to NIJ standards. The same issue could arise with body armor 
controlled under ECCNs 1A005.a, 1A613.d.1, and 1A613.d.2, so BIS is 
also inserting conforming text to those entries in accordance with the 
WAML and the Wassenaar Arrangement Dual-Use List.

[[Page 273]]

    Comment: One commenter noted that the heading in ECCN 1A005 
included ``components'' but no components were controlled in the entry.
    Response: BIS has revised ECCN 1A005 to address the issue of 
``components'' as well as to ensure that the entry conforms to the 
Wassenaar Arrangement. To that end, BIS has revised ECCN 1A005.a to 
read: ``[s]oft body armor not manufactured to military standards or 
specifications, or to their equivalents, and `specially designed' 
`components' therefor.'' While with this change, made in response to a 
public comment, ``components'' are controlled under ECCN 1A005.a, BIS 
notes that this control does not apply to items such as straps, 
fasteners, vests not containing body armor plates, or clothing not 
containing body armor plates.
    While these revisions to ECCN 1A005 ensure that the entry conforms 
to the Wassenaar Arrangement, BIS is also revising the ECCN to maintain 
the specificity provided by the June 7 (protective equipment) rule. To 
that end, BIS is adding a new License Requirements Notes paragraph to 
the ECCN to provide that soft body armor not manufactured to military 
standards or specifications must provide ballistic protection equal to 
or less than NIJ level III (NIJ 0101.06, July 2008) to be controlled 
under 1A005.a. The note clarifying ``military standards or 
specifications'' will also be in the new License Requirements Notes 
paragraph.

Public Comments Regarding Helmets

    Comment: One commenter requested guidance on what constitutes a 
military helmet in ECCN 1A613.c versus a police helmet in ECCN 0A979.
    Response: The June 7 (protective equipment) rule proposed no 
changes to the scope of ECCN 0A979. The proposed rule only affected 
helmets controlled on the USML. As such, the proposed rule and this 
final rule make no changes to the scope of controls for helmets in ECCN 
0A979 vis-[agrave]-vis helmets moving from the USML to ECCN 1A613.c. 
BIS takes the position that a helmet ``specially designed'' for use by 
a military is a military helmet and a helmet ``specially designed'' for 
use by non-military police forces is a police helmet.
    Comment: One commenter opposed the proposed movement of helmets 
from ECCN 0A018 to ECCN 1A613 due to the increase in controls for the 
helmets and related technology. The commenter stated that the use of 
License Exception STA would not make up for additional controls for 
operation, installation, maintenance, repair, overhaul, and 
refurbishing technology, as well as the elimination of the use of 
License Exception TSR. The commenter recommended that TSR be allowed 
for military helmet technology.
    Response: BIS does not accept this recommendation. Consistent with 
other proposed ``600 series'' ECCNs, ECCN 1A613 includes some items in 
a 018 ECCN. Since the commenter did not provide any rationale for why a 
distinction should be made for military helmet technology, BIS is 
maintaining the proposed controls to be consistent with the structure 
and framework of ECR.
    Comment: One commenter stated that military helmets described in 
ECCN 1A613.c include conventional military steel helmets proposed to be 
controlled under ECCN 1A613.y.1.
    Response: BIS believes that the proposed Note 1 to ECCN 1A613.c 
provided the necessary guidance to show readers that ECCN 1A613.c would 
not control conventional military steel helmets in ECCN 1A613.y.1. 
However, to make this point more clearly, BIS is moving the applicable 
text in Note 1 to a parenthetical in ECCN 1A613.c. Under this final 
rule, ECCN 1A613.c reads: ``[m]ilitary helmets (other than helmets 
controlled under 1A613.y.1) and helmet shells providing less than NIJ 
Type IV protection.''
    Comment: One commenter recommended only controlling the following 
helmet components: helmet shell, liner, and comfort pad. The commenter 
reasoned that this would be consistent with ML13.c of the WAML, which 
applies to certain helmets and ``specially designed components therefor 
(i.e., helmet shell, liner and comfort pads).''
    Response: BIS does not accept this recommendation. The June 7 
(protective equipment) rule and the State Department's counterpart 
rule, 77 FR 33698 (June 7, 2012), intended to address all items in USML 
Category X. Limiting the controls on helmet components to helmet 
shells, liners, and comfort pads would not match the current coverage 
of the ITAR. Thus, BIS is not revising ECCN 1A613 as a result of this 
comment. To the extent one believes that other parts and components 
``specially designed'' for these or any other items in the ``600 
series'' and other EAR controls do not warrant such controls, then one 
may submit a request pursuant to 15 C.F.R. Sec.  748.3(e) for an 
interagency determination that such items do not warrant being 
controlled by the relevant ``specially designed'' catch-all provision.
    Comment: One commenter recommended that BIS create a new 1A005.c 
for helmet and helmet shells not manufactured to military standards or 
specifications that provide ballistic protection less than NIJ Type IV, 
revise ECCN 1A613.c to control helmets and helmet shells manufactured 
to military standards or specifications that provide ballistic 
protection less than NIJ Type IV, and provide positive parameters for 
controlling police helmets in ECCN 0A979.
    Response: BIS does not accept this recommendation. ECCN 1A005 is a 
multilateral control, and as such, BIS declines to insert a new 
unilateral control within that ECCN. BIS believes that the text in 
ECCNs 1A613.c and 0A979 contains adequate controls and does not require 
further modifications based on this comment.

Public Comments Regarding Shelters

    Comment: One commenter requested a more detailed definition to 
distinguish when a shelter becomes export controlled. The commenter 
believed the point should be when certain modifications or 
installations are made, such as the installation of electronic or other 
equipment that is itself export-controlled.
    Response: BIS does not accept the commenter's recommendations. The 
proposed control is consistent with the current controls of USML 
Category X, and no changes are made in this final rule.
    Comment: One commenter requested that the following shelters should 
be designated EAR99: shelters modified for lighting or raceway, power 
and signal distribution, heating and air conditioning, equipment racks 
or cabinets, electromagnetic/radio frequency interference (EMI/RFI), 
chemical agent resistance coating (CARC) paint, skid or jack 
assemblies, casters, ladders or roof access steps, special door 
openings or emergency kickout or escape hatch panels, or generator 
trailers.
    Response: BIS will not provide a negative list of shelters to 
determine what is controlled under ECCN 1A613.b. However, BIS believes 
that applying the definition of ``specially designed'' will alleviate 
concerns over what shelters are controlled in ECCN 1A613.b. Further, 
BIS notes that the use of CARC paint does not affect whether a shelter 
is controlled on the USML or CCL, and that certain EMI shelters are 
controlled under USML Category XI.

[[Page 274]]

Revision to 1A613 To Be Consistent With ``600 series'' Order of Review

    In addition to the changes made in response to the public comments 
described above, this rule removes from ECCN 1A613.e and .x text that 
appeared in the proposed rule, which would have excluded from that ECCN 
items that appear elsewhere on the CCL. This change is made to be 
consistent with the CCL order of review in Supplement No. 4 to part 774 
of the EAR, which became effective on October 15, 2013. That order of 
review gives 600 series ECCNs precedence over other ECCNs.

Public Comments Regarding License Exceptions TMP and BAG

    Comment: One commenter requested that helmets classified under ECCN 
1A613.c be included along with body armor classified under ECCN 1A613.d 
for eligibility under License Exceptions TMP and BAG.
    Response: BIS accepts this recommendation. On May 2, 2012, the 
Department of State amended the ITAR exemption for personal protective 
equipment in Sec.  123.17 to add helmets when they are included with 
the body armor and to add chemical agent protective gear. In order to 
match the scope of the ITAR exemption for personal protective 
equipment, BIS is adding ECCN 1A613.c helmets to the list of items 
eligible for License Exceptions TMP and BAG (Sec. Sec.  740.9(a)(11) 
and 740.14(h), respectively). BIS further notes that body armor or 
helmets subject to the EAR but not identified in ECCN 1A613 are not 
subject to the same restrictions in Sec. Sec.  740.9(a)(11) and 
740.14(h) and may thus be authorized under other provisions of TMP or 
BAG.
    Comment: Two commenters recommended that BIS eliminate the proposed 
requirement under TMP and BAG to present the items to U.S. Customs and 
Border Protection (CBP) for inspection. The commenters reasoned that 
the CBP inspection requirement would render TMP and BAG unusable as 
U.S. contractors often obtain personal protective equipment at 
locations other than the point of departure in the United States, and 
potential users of the license exceptions often place the equipment 
into checked baggage, rendering it inaccessible for inspection by CBP.
    Response: BIS accepts this recommendation and has removed the CBP 
inspection requirement from TMP and BAG. Requiring a CBP inspection for 
items of a non-offensive nature that will be used by U.S. persons 
likely in support of U.S. military forces serves no national security 
or foreign policy purpose. Retaining this proposed requirement would 
treat body armor (and now helmets) more stringently than all other 
items subject to the EAR that would be available for a license 
exception. CBP, however, has the discretion to inspect these and any 
other items exported from the United States.
    Comment: One commenter recommended that reexports and retransfers 
(which we understand to be transfers (in-country)) be allowed, to 
accommodate the redeployment of employees under a government contract 
and to accommodate requests from the U.S. Government to leave personal 
protective equipment owned and issued by the U.S. Government overseas 
for issue to other contractors. Another commenter stated that the 
issuing agency may require the equipment to remain in the country after 
departure by the contractor. The commenter recommended that a signed 
receipt of the equipment should be sufficient to show its return to the 
U.S. Government.
    Response: BIS accepts the recommendation to allow reexports and 
transfers (in-country) for personal protective equipment authorized 
under TMP and BAG. However, such reexports or transfers (in-country) 
must be limited to U.S. persons. BIS believes that allowing for 
reexports and transfers (in-country) to U.S. persons only under TMP and 
BAG, in addition to the possible use of License Exception GOV, will 
sufficiently enable potential transfers of personal protective 
equipment among U.S. contractors and the U.S. Government.

Miscellaneous Comments

    Comment: One commenter requested clarification on whether gas masks 
are personal protective equipment and fall under ECCN 1A613.
    Response: BIS recommends that reviewers follow the guidance in 
Supplement No. 4 to part 774 of the EAR. Gas masks would only be 
protective equipment under ECCN 1A613.e if they are not described 
elsewhere on the USML (e.g., USML Category XIV) or the CCL (e.g., ECCN 
1A004), and if they have been ``specially designed'' for military 
applications.
    Comment: One commenter recommended that BIS define ``equipment'' or 
not use quotation marks with the term.
    Response: Section 772.1 of the EAR provides a definition for 
``equipment,'' which became effective on October 15, 2013.
    Comment: One commenter mentioned that the proposed Note to 1A613.d 
references protective garments in ECCN 1A005, yet 1A005 does not 
contain protective garments.
    Response: BIS has removed the reference to protective garments in 
the Note to 1A613.d to ensure consistency with ECCN 1A005 and the 
Wassenaar Arrangement.
    Comment: One commenter stated that the proposed USML Category X and 
ECCN 1A613 may not cover armored plate ``suitable for military use'' in 
ML13.a and ``constructions'' in ML13.b. In addition, the commenter 
believed that the proposed rules did not cover software for software 
under ML21.
    Response: BIS believes that the proposed controls cover those items 
previously controlled on the ITAR, and thus no changes are needed. As 
with all controls, BIS will monitor conformance with its multilateral 
obligations.
    Comment: One commenter questioned whether protective garments under 
ML13.d and ``specially designed'' ``components'' therefor are captured 
under USML Category X or ECCN 1A613.
    Response: BIS believes that the addition of the note to ECCN 
1A613.d.1 and the changes made to conform ECCN 1A005 to the Wassenaar 
Arrangement already address the commenter's concerns.
    Comment: One commenter noted that 1A613.y refers to ``parts,'' 
``components,'' ``accessories,'' and ``attachments,'' but ECCN 
1A613.y.1 only applies to certain helmets, which do not fit the 
description of items in ECCN 1A613.y.
    Response: BIS agrees that ECCN 1A613.y does not adequately describe 
the helmets in ECCN 1A613.y.1. Consequently, BIS has changed the ECCN 
1A613.y heading to ``[o]ther commodities as follows.''
    Comment: One commenter stated that various items currently 
controlled under ECCNs 2B018, 2D018, and 2E018 are proposed to be 
controlled under the 1Y613 series.
    Response: Under ECR, items currently controlled under ``018'' ECCNs 
will be moved to the ``600 series.'' The June 7 (protective equipment) 
rule followed this structure for personal protective equipment, 
shelters, and related items.
    Comment: One commenter stated that the heading in ECCN 1D613 
includes software for installation, repair, overhaul, or refurbishing. 
However, the commenter pointed out that no such software is included in 
the List of Items Controlled paragraph of that ECCN.
    Response: BIS has revised the heading of ECCN 1D613 to match the 
scope of software controls for ``600 series'' items that was finalized 
under the April 16 (initial implementation) rule. For

[[Page 275]]

additional information, see the section on Consistency of Controls 
above.
    Comment: One commenter stated that the phrase ``less than NIJ Type 
IV'' or ``less than NIJ level III'' describes what is not controlled 
but does not describe what is controlled.
    Response: BIS does not agree with this comment. Utilizing the order 
of review described in Supplement No. 4 to part 774 of the EAR, (as 
published in the April 16 (initial implementation) rule and which 
became effective on October 15, 2013), one would review USML Category X 
and ECCNs 1A613 and 1A005 to determine what is controlled. The plain 
meaning of the phrase cited by the commenter clearly identifies what is 
and what is not controlled.
    Comment: One commenter noted that the June 7 (protective equipment) 
rule proposed to control items that are not currently controlled by the 
Wassenaar Arrangement, including ECCNs 1A613.b.2 (shelters specially 
designed to protect against nuclear, biological, or chemical 
contamination); 1A613.e (other personal protective equipment specially 
designed for military applications); 1A613.x (for 1A613.a, 1A613.b.2, 
1A613.c, or 1A613.e); 1B613 (for development); 1B613.a (for production 
of portions of USML Category X (a) and (d), as well as parts of 
1A613.b.2, .e, .x, and .y); 1D613.a (for portions of 1A613.b.2, .e, .x, 
.y, and 1B613); and 1E613.a (for portions of 1A613.b.2, .e, .x, .y, 
1B613, and 1D613).
    Response: BIS understands that some portions of the 1Y613 series 
will control items that are not controlled by the Wassenaar 
Arrangement. However, the Departments of Commerce, State, and Defense 
have determined that any such items warrant control as part of the 
``600 series'' if they are currently controlled on the USML.

Conforming Changes to License Exceptions

    BIS previously noted that the license exceptions of the EAR should 
be no more restrictive than the exemptions of the ITAR (see, e.g., 
Proposed Revisions to the Export Administration Regulations: 
Implementation of Export Control Reform; Revisions to License 
Exceptions After Retrospective Regulatory Review, 77 FR 37524 (June 21, 
2012)). Consequently, BIS is revising part 740 to ensure the scope of 
License Exceptions TMP and BAG are no more restrictive than Sec.  
123.17 of the ITAR, which provides exemptions for the temporary export 
of certain personal protective equipment.
    When the June 7 (protective equipment) rule was drafted, the ITAR 
exemption under Sec.  123.17(g) allowed the temporary export of body 
armor to Afghanistan and Iraq under certain conditions. On May 2, 2012, 
the Department of State expanded the scope of the exemption to all 
Sec.  126.1 countries subject to certain conditions. To match the scope 
of the ITAR, BIS is amending Sec.  740.2(a)(12) to allow for the use of 
TMP and BAG for certain personal protective equipment destined to or in 
countries in Country Group D:5. These revisions are being made 
consistent with the April 16 (initial implementation) rule, which 
amended Sec.  740.2 to describe the restrictions on the use of license 
exceptions for ``600 series'' items. Requirements for exporting, 
reexporting, or transferring (in-country) certain personal protective 
equipment to countries in Country Group D:5 are described in Sec.  
740.9(a)(11)(ii) for TMP and Sec.  740.14(h)(2) for BAG.
    To ensure conformance with the scope of the ITAR, BIS is also 
revising License Exception TMP to allow temporary exports, reexports, 
or transfers (in-country) of personal protection equipment for a four-
year period pursuant to new Sec.  740.9(a)(11)(iii). BIS is also 
amending Sec.  740.9(a)(14) to note the exception to the general rule 
that temporary exports, reexports, or transfers (in-country) under TMP 
are authorized for one year after the date of export, reexport, or 
transfer (in-country). These amendments to TMP will allow the license 
exception to be more comparable to the scope of the exemption for 
personal protective equipment under Sec.  123.17 of the ITAR, which 
does not impose a time limitation. Similarly, BIS has removed 
references to ``temporary'' export in License Exception BAG to ensure 
that it is no more restrictive than the ITAR.
    The amendments to License Exception TMP to describe the exception 
for personal protective equipment have been moved to Sec.  740.9(a)(11) 
instead of the proposed Sec.  740.9(a)(3)(v) under the June 7 
(protective equipment) rule to conform with a restructured and 
streamlined License Exception TMP that became effective on October 15, 
2013

Conforming Changes to ECCNs 0A018, 1A005, 1B613, 1D613, and 1E613

    Differences in the text of ECCN 0A018 between the June 7 
(protective equipment) rule and this final rule are the result of 
changes made by the July 8 (vehicles, vessels and miscellaneous 
equipment) rule. In addition, this rule omits the last sentence in the 
Related Controls paragraph of ECCN 1A005 from the June 7 (protective 
equipment) rule. That sentence referenced Sec.  746.8(b)(1), which does 
not exist.
    For ECCN 1A613, this rule revises 1A613.x to add a reference to 
USML Category X to ensure that ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' that are themselves not enumerated 
in Category X but that are ``specially designed'' for commodities 
enumerated in Category X are captured under 1A613.x. Further, this rule 
removes paragraphs .c-.x and the .y paragraph from 1B613 since no other 
items are controlled under that ECCN. Also, BIS is amending 1D613.y to 
remove references to 1D613.y.1 through y.99 since 1D613.y only controls 
specific ``software'' ``specially designed'' for the ``production,'' 
``development,'' or operation or maintenance of commodities controlled 
by ECCN 1A613.y. Similarly, this rule removes references in 1E613.y to 
1E613.y.1 through y.99, since 1E613.y only controls specific 
``technology'' ``required'' for the ``production,'' ``development,'' 
operation, installation, maintenance, repair, overhaul, or refurbishing 
of commodities or software controlled by ECCN 1A613.y or 1D613.y.

Items Related to Launch Vehicles, Missiles, Rockets, and Military 
Explosive Devices

    This rule finalizes the provisions contained in the January 31 
(launch vehicles) proposed rule. This proposed rule from BIS was 
published in conjunction with a rule from the Department of State, 
Directorate of Defense Trade Controls, proposing to amend the list of 
articles controlled by USML Category IV (see 78 FR 6750 and 78 FR 6765, 
respectively).
    Specifically, this final rule describes how articles that the 
President determines no longer warrant control under Category IV of the 
USML will now be controlled on the CCL. These articles, which are 
related to launch vehicles, missiles, rockets, and military explosive 
devices enumerated in USML Category IV, will, upon the effective date 
of this final rule, be controlled under new ECCNs 0A604, 0B604, 0D604, 
0E604, 9A604, 9B604, 9D604, and 9E604 on the CCL. In addition, this 
final rule amends ECCNs 0D001, 0E001, 9B115, 9B116, 9D001, 9D002, 
9D003, 9D104, 9E001, 9E002, 9E101, and 9E102 to make clarifications and 
conforming changes based on the addition of the aforementioned 0Y604 
and 9Y604 ECCNs to the CCL and amendments by the Department of State, 
Directorate of Defense Trade Controls, to the list of articles 
controlled by USML Category IV

[[Page 276]]

that are being published in conjunction with this final rule.

Summary of Public Comments Submitted in Response to the Proposals 
Contained in the January 31 (Launch Vehicles) Rule Published by BIS

    BIS received comments from three parties, which are summarized 
below.

ECCN 0B604.a (Test, Inspection, and Other Production ``Equipment'' 
``Specially Designed'' for the ``Development'' or ``Production'' of 
Commodities in ECCN 0A604 or Related Defense Articles in USML Category 
IV)

    Comment: One commenter stated that the use of the term ``related'' 
in proposed new ECCN 0B604.a could cause confusion, because it implies 
that ECCN 0B604.a would control test, inspection, and other production 
``equipment'' for ``related'' defense articles in USML Category IV, 
without identifying what specific defense articles are ``related'' to 
the commodities in proposed new ECCN 0A604. The commenter indicated 
that this approach would run counter to the stated ECR objective of 
clearer, performance-based controls.
    Response: This final rule addresses the commenter's concerns by 
revising new ECCN 0B604.a to control test, inspection, and other 
production ``equipment'' that is ``specially designed'' for the 
``production'' or ``development'' of commodities controlled by ECCN 
0A604 or the bombs, torpedoes, depth charges, mines and hand grenades, 
and ``parts,'' ``components,'' ``accessories'' and ``attachments'' 
therefor, controlled under USML Category IV. Specifically, this final 
rule replaces the term ``related'' in ECCN 0B604.a, as proposed in the 
January 31 (launch vehicles) rule, with a reference to specific types 
of defense articles in USML Category IV (i.e., bombs, torpedoes, depth 
charges, mines and hand grenades, and parts, components, accessories 
and attachments therefor). This change is consistent with BIS's 
decision to control test, inspection, and other production 
``equipment'' coming over to the CCL from USML Category IV under two 
separate ECCNs (i.e., new ECCNs 0B604 and 9B604), according to whether 
such equipment is identified on the MTCR Annex. Because test, 
inspection, and other production ``equipment'' for the bombs, 
torpedoes, depth charges, mines and hand grenades, and parts, 
components, accessories and attachments therefor, controlled under USML 
Category IV, is not identified on the MTCR Annex, this equipment is 
controlled under new ECCN 0B604 (which does not contain any MT-
controlled items), while new ECCN 9B604 includes MT-controlled 
equipment related to launch vehicles, missiles, and rockets in USML 
Category IV. Consistent with this approach, this final rule also makes 
conforming changes to the heading of ECCN 9A604 and to ECCN 9B604.c to 
clarify that these two ECCNs do not control items related to the bombs, 
torpedoes, depth charges, mines and hand grenades, and parts, 
components, accessories and attachments therefor, that are enumerated 
in USML Category IV.

Format of ECCN Headers

    Comment: One commenter recommended revising the headers for the 
``600 series'' ECCNs containing Category IV-related items by adding the 
parenthetical phrase ``(see List of Items Controlled),'' at the end of 
the ECCN headers, consistent with the format described in BIS's 
November 29, 2012, rule (77 FR 71214) that proposed certain amendments 
to the EAR to make the CCL clearer.
    Response: This final rule revises the headers of new ``600 series'' 
ECCNs 0A604, 0B604, 9A604, and 9B604, as proposed in the January 31 
(launch vehicles) rule, by adding the parenthetical phrase ``(see List 
of Items Controlled),'' at the end of the ECCN headers.

Controls on Commercial Application Countermeasure Systems for USML 
Category IV Manpad Systems

    Comment: One commenter indicated that controlling commercial 
application countermeasures systems with monitoring and detection 
capability for man-portable air defense (MANPAD) systems under USML 
Category IV(c), as proposed by the rule published by the U.S. 
Department of State, Directorate of Defense Trade Controls, in 
conjunction with BIS's January 31 (launch vehicles) rule, would require 
ITAR-level protection of civil aircraft platforms, which would be 
impractical under the conditions of civil transport. In lieu of the 
proposed level of control for such systems, the commenter suggested one 
of the following alternatives:
     Transfer of such systems to a ``600 series'' ECCN on the 
CCL;
     Establishment of a flexible licensing policy under the 
ITAR to address situations in which such systems are installed on civil 
aircraft platforms; or
     The addition of a Note to USML Category IV(c) that applies 
a different level of control to such systems under a defined set of 
circumstances (e.g., when such systems are installed on civil aircraft 
platforms).
    Response: The commenter's recommendation is not accepted for the 
purposes of this final rule. Paragraph (d) of the Note to WAML 4.c 
excludes from control aircraft missile protection systems (AMPS) 
``installed'' on ``civil aircraft,'' provided that all of the following 
conditions apply: (1) The AMPS is only operable in a specific ``civil 
aircraft'' in which the specific AMPS is installed and for which either 
a civil Type Certificate or an equivalent document recognized by the 
International Civil Aviation Organization (ICAO) has been issued; (2) 
the AMPS employs protection to prevent unauthorized access to 
``software;'' and (3) the AMPS incorporates an active mechanism that 
forces the system not to function when it is removed from the ``civil 
aircraft'' in which it was ``installed.'' However, this WAML exclusion 
does not apply to any of the defense articles enumerated in USML 
Category IV as amended by the companion rule that is being published by 
the U.S. Department of State, Directorate of Defense Trade Controls, in 
conjunction with this final rule. Instead, this WAML exclusion will be 
addressed in subsequent ECR amendments to be published by State and 
Commerce that will address specific ITAR controls on AMPS and any 
exclusions from such ITAR controls that may apply.

Recommended Changes to Certain ECCNs in CCL Category 9A, 9B, and 9C 
That Were Not Addressed in the January 31 (Launch Vehicles) Rule

    Comment: One commenter noted that some of the proposed ECR 
amendments to the EAR and the ITAR appeared to be open to the 
interpretation that if items subject to the WA or MTCR controls on 
aircraft, gas turbine engines, missiles, or spacecraft are not clearly 
described in the USML as subject to the ITAR, then such items are 
subject to the EAR, instead. The commenter recommended that both the 
EAR and the ITAR be amended to clearly indicate whether this 
interpretation is correct.
    Response: Supplement No. 4 (Commerce Control List Order of Review), 
which became effective on October 15, 2013, provides guidance on 
jurisdictional issues involving the EAR and the ITAR. With respect to 
export control jurisdiction questions, new Supplement No. 4 provides 
that, if an item is described in the USML, including one of its catch-
all paragraphs, then the item is a ``defense article'' subject to the 
ITAR. Conversely, if an item is not described on the USML, and is 
otherwise ``subject to the EAR,'' then it should be classified using 
the

[[Page 277]]

steps provided in Supplement No. 4 to determine the appropriate level 
of control. Amendments to Sec.  120.5 of the ITAR that also became 
effective on October 15, 2013 provide that if a defense article or 
service is covered by the USML, its export and temporary import are 
regulated by the Department of State. However, these regulatory 
provisions are not intended to be interpreted in isolation from other 
provisions in the EAR and the ITAR. Although the ECR-related amendments 
to the ITAR are intended, to the extent practicable, to provide a 
positive list of specific types of equipment and related parts, 
components, accessories, and attachments that continue to warrant 
control on the USML, the fact that a particular article is not 
specifically enumerated on the USML does not necessarily provide a 
sufficient basis, in and of itself, for making a determination that the 
article is controlled on the CCL, because the USML continues to have a 
few ``catch-all'' controls. In short, the guidance provided in 
Supplement No. 4 to part 774 of the EAR and in Sec.  120.5 of the ITAR 
must be viewed within the context of other EAR and ITAR regulatory 
provisions.
    Comment: One commenter questioned why some MTCR ``production 
equipment'' and ``production facilities'' for USML Category IV articles 
remained in ECCN 9B115 or ECCN 9B116, respectively, while others were 
included in proposed new ECCN 9B604. The commenter also questioned why 
``production equipment'' and ``production facilities'' for articles 
described in paragraph (h)(14), ``combustion chambers,'' and paragraph 
(h)(25), ``fuzes,'' of State's Category V proposed rule were not 
included in proposed new ECCN 9B604 or in ECCNs 9B115 and 9B116. In 
addition, the commenter recommended changes to a number of other CCL 
Category 9 ECCNs to clarify component controls, eliminate ambiguous 
terms, and add items subject to the EAR to certain placeholder ECCNs 
that only describe items enumerated in USML Category IV.
    Response: This final rule does not adopt the commenter's 
recommended changes. ECCNs 9B115 and 9B116 control only ``production 
equipment'' and ``production facilities,'' respectively, that are 
identified on the MTCR Annex, but not on the WAML or the WA dual-use 
list (i.e., all items in these two ECCNs are subject to MT controls, 
but not NS controls). New ECCN 9B604 does not control these items, 
because it is designed to control items identified on the WAML, some of 
which are also listed in the MTCR Annex (i.e., all items in ECCN 9B604 
are subject to NS controls). For this reason, BIS continues to control 
some ``production equipment'' and ``production facilities'' under ECCN 
9B115 or 9B116, instead of new ECCN 9B604. As for ``production 
equipment'' and ``production facilities'' for articles described in 
paragraph (h)(14) and paragraph (h)(25) of State's Category V proposed 
rule, note that, although these production items are not specifically 
identified in new ECCN 9B604, paragraph .c of ECCN 9B604 controls test, 
inspection, and other production ``equipment'' that is ``specially 
designed'' for the ``development,'' ``production,'' repair, overhaul, 
or refurbishing of commodities described in ECCN 9A604, or defense 
articles controlled under USML Category IV, and not specified in ECCN 
0B604.a or in ECCN 9B604.a, .b, or .d.'' Given the broad scope of ECCN 
9B604.c, BIS does not think that any further changes to ECCN 9B604 are 
necessary in this regard. Finally, the recommended changes to other CCL 
Category 9 ECCNs (i.e., to clarify component controls, eliminate 
ambiguous terms, and add items subject to the EAR to certain 
placeholder ECCNs) are not adopted, because the recommended changes are 
outside the scope of the January 31 (launch vehicles) rule, as well as 
this final rule.

Recommended Changes to ``Software'' and ``Technology'' ECCNs in CCL 
Category 0D and 0E and CCL Category 9D and 9E

    Comment: One commenter recommended that ``software'' and 
``technology'' should be controlled by the same agency that controls 
production equipment (i.e., Commerce) and recommended corresponding 
changes to ECCNs 0D604 and 9D604 to control ``software'' ``specially 
designed'' for the ``development'' or ``production'' of defense 
articles in USML Category IV. In addition, the commenter recommended 
that ECCNs 0E604 and 9E604 be expanded to control ``technology'' 
``required'' for the ``development'' or ``production'' of defense 
articles in USML Category IV.
    Response: BIS did not adopt this recommendation. Based on the 
review of USML categories (including USML Category IV) described 
earlier in the preamble to this rule, ECCNs 0D604 and 9D604 only 
control ``software'' for specified items that are ``subject to the 
EAR'' and ECCNs 0E604 and 9E604 only control ``technology'' for 
specified items that are ``subject to the EAR'' (i.e., these four ECCNs 
do not control ``software'' or ``technology'' for any of the defense 
articles enumerated in USML Category IV). In short, as a result of the 
review, ``software'' and ``technology'' for launch vehicles, missiles, 
rockets, torpedoes, bombs, mines, and other military explosive devices 
and related articles enumerated in USML Category IV will continue to be 
controlled under Category IV and not under the related ``software'' and 
``technology'' entries on the CCL (i.e., ECCNs 0D604 and 9D604 and 
ECCNs 0E604 and 9E604, respectively).
    Comment: One commenter recommended that the following ECCNs be 
revised to reflect the current MTCR controls: ECCNs 9D001 through 
9D004; ECCNs 9D101 and 9D103 through 9D105; ECCNs 9E001 and 9E002; and 
ECCNs 9E101 and 9E102.
    Response: This final rule does not adopt the commenter's 
recommended changes to the above-referenced ECCNs, because the 
recommended changes are outside the scope of the January 31 (launch 
vehicles) rule, as well as this final rule. Further, the items 
addressed by the January 31 (launch vehicles) rule and the companion 
rule published by the Department of State, Directorate of Defense Trade 
Controls were reviewed to ensure the consistency of the CCL controls 
with any applicable controls indicated on the current MTCR Annex.

Changes Made by This Rule to Controls on Items Related to Launch 
Vehicles, Missiles, Rockets, and Military Explosive Devices

    This final rule creates four new 600 series ECCNs in CCL Category 0 
(ECCNs 0A604, 0B604, 0D604, and 0E604) and four new 600 series ECCNs in 
CCL Category 9 (ECCNs 9A604, 9B604, 9D604, and 9E604) that control 
articles the President has determined no longer warrant control under 
USML Category IV. This final rule also amends ECCNs 0D001, 0E001, 
9B115, 9B116, 9D001, 9D002, 9D003, 9D104, 9E001, 9E002, 9E101, and 
9E102 to make clarifications and conforming changes based on the 
addition of the aforementioned 0Y604 and 9Y604 ECCNs to the CCL and 
amendments by the Department of State, Directorate of Defense Trade 
Controls, to the list of articles controlled by USML Category IV that 
are being published in conjunction with this final rule. These 
amendments are discussed in more detail below.

New ECCN 0A604: Commodities Related to Military Explosive Devices and 
Charges

    In new ECCN 0A604, paragraph .a controls demolition blocks, and 
detonators designed, modified, or adapted therefor. Paragraph .b of 
ECCN 0A604 controls military explosive

[[Page 278]]

excavating devices. A note to 0A604.a and .b indicates that this new 
ECCN does not control the detonators and other items described in ECCN 
1A007 or ECCN 3A232. Paragraph .c of ECCN 0A604 controls smoke hand 
grenades and stun hand grenades (e.g., ``flashbangs'') not described in 
ECCN 1A984. Paragraphs .d through .w of ECCN 0A604 are reserved. 
Paragraph .x of ECCN 0A604 controls ``parts,'' ``components,'' 
``accessories,'' and ``attachments'' that are ``specially designed'' 
for a commodity in paragraphs .a through .c of ECCN 0A604, or for a 
defense article in USML Category IV, and not specified elsewhere on the 
USML. Two notes to paragraph .x indicate that: (1) Forgings, castings, 
and other unfinished products are controlled by paragraph .x if they 
have reached a stage in manufacturing where they are clearly 
identifiable by mechanical properties, material composition, geometry, 
or function, as commodities specified in paragraph .x; and (2) 
``parts,'' ``components,'' ``accessories,'' and ``attachments'' 
specified in USML Category IV(h) are subject to the controls of that 
paragraph.

New ECCN 0B604: Test, Inspection, and Production ``Equipment'' and 
Related Commodities ``Specially Designed'' for the ``Development'' or 
``Production'' of Commodities in ECCN 0A604 or Related Defense Articles 
in USML Category IV

    In new ECCN 0B604, paragraph .a controls test, inspection, and 
other production ``equipment'' that is ``specially designed'' for the 
``production'' or ``development'' of commodities controlled by ECCN 
0A604 or for bombs, torpedoes, depth charges, mines and hand grenades, 
and ``parts,'' ``components,'' ``accessories'' and ``attachments'' 
therefor, controlled under USML Category IV. In the January 31 (launch 
vehicles) rule, 0B604.a contained test, inspection, and production 
``equipment'' for ``commodities in ECCN 0A604, or related defense 
articles controlled under USML Category IV, and not specified elsewhere 
on the USML.'' The reason for revising the controls in ECCN 0B604.a is 
twofold. First, one of the public comments on the January 31 (launch 
vehicles) rule stated that the use of the term ``related'' in ECCN 
0B604.a may cause confusion and also would run counter to the stated 
ECR objective of clearer, performance-based controls. ECCN 0B604.a now 
identifies the specific types of articles in USML Category IV to which 
the test, inspection, and production ``equipment'' described in 0B604 
is ``related.'' Second, the intent of the controls in new ECCNs 0B604 
and 9B604 was to control test, inspection, and other production 
``equipment'' coming over to the CCL from USML Category IV under two 
separate ECCNs, according to whether such equipment was identified on 
the Missile Technology Control Regime (MTCR) Annex. Since test, 
inspection, and other production ``equipment'' for the bombs, 
torpedoes, depth charges, mines and hand grenades, and ``parts,'' 
``components,'' ``accessories'' and ``attachments'' therefor, 
controlled under USML Category IV are not identified on the MTCR Annex, 
this equipment is controlled under new ECCN 0B604 (which does not 
contain any MT-controlled items), instead of new ECCN 9B604 (which 
contains MT-controlled equipment related to launch vehicles, missiles, 
and rockets in USML Category IV). Paragraphs .b through .w of new ECCN 
0B604 are reserved. Paragraph .x of new ECCN 0B604 controls ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' that are 
``specially designed'' for a commodity subject to control in paragraph 
.a of ECCN 0B604.

New ECCN 0D604: ``Software'' ``Specially Designed'' for the 
``Development,'' ``Production,'' Operation, or Maintenance of 
Commodities Controlled by ECCN 0A604 or 0B604

    ECCN 0D604.a controls ``software'' ``specially designed'' for the 
``development,'' ``production,'' operation or maintenance of 
commodities controlled by ECCN 0A604 or ECCN 0B604. Paragraph .b of 
ECCN 0D604 is reserved.

New ECCN 0E604: ``Technology'' ``Required'' for the ``Development,'' 
``Production,'' Operation, Installation, Maintenance, Repair, Overhaul, 
or Refurbishing of Commodities Controlled by ECCN 0A604 or 0B604, or 
``Software'' Controlled by ECCN 0D604

    ECCN 0E604.a controls ``technology'' ``required'' for the 
``development,'' ``production,'' operation, installation, maintenance, 
repair, overhaul, or refurbishing of commodities controlled by ECCN 
0A604 or 0B604, or ``software'' controlled by ECCN 0D604. Paragraph .b 
of ECCN 0E604 is reserved.

New ECCN 9A604: Commodities Related to Launch Vehicles, Missiles, and 
Rockets

    In new ECCN 9A604, the heading states that the entry controls 
commodities related to launch vehicles, missiles, and rockets and does 
not also reference ``torpedoes, bombs, and mines,'' as was the case in 
the January 31 (launch vehicles) rule. To the extent that the CCL 
controls any commodities related to the latter, they would be 
controlled under new ECCN 0B604, instead.
    Paragraph .a of ECCN 9A604 controls thermal batteries ``specially 
designed'' for the systems described in USML Category IV that are 
capable of a range equal to or greater than 300 km.
    Paragraph .b of ECCN 9A604 controls thermal batteries, except for 
thermal batteries controlled by ECCN 9A604.a, that are ``specially 
designed'' for the systems described in USML Category IV. Paragraph .c 
of ECCN 9A604 controls ``components'' ``specially designed'' for 
ramjet, scramjet, pulse jet, or combined cycle engines described in 
USML Category IV, including devices to regulate combustion in such 
commodities. Paragraph .d of ECCN 9A604 controls components ``specially 
designed'' for hybrid rocket motors described in USML Category IV that 
are usable in rockets, missiles, or unmanned aerial vehicles capable of 
a range equal to or greater than 300 km. Paragraph .e of ECCN 9A604 
controls ``components'' ``specially designed'' for pressure gain 
combustion-based propulsion systems controlled under USML Category IV. 
Paragraphs .f through .w of ECCN 9A604 are reserved. Paragraph .x of 
ECCN 9A604 controls ``parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity in 
paragraphs .a through .d of ECCN 9A604, or a defense article in USML 
Category IV, and not specified elsewhere on the USML. Two notes to 
paragraph .x indicate that: (1) Forgings, castings, and other 
unfinished products are controlled by paragraph .x if they have reached 
a stage in manufacturing where they are clearly identifiable by 
mechanical properties, material composition, geometry, or function as 
commodities specified in paragraph .x; and (2) ``parts,'' 
``components,'' ``accessories,'' and ``attachments'' specified in USML 
Category IV(h) are subject to the controls of that paragraph.

New ECCN 9B604: Test, Inspection, and Production ``Equipment'' and 
Related Commodities ``Specially Designed'' for the ``Development'' or 
``Production'' of Commodities in ECCN 9A604 or Related Defense Articles 
in USML Category IV

    In new ECCN 9B604, paragraph .a controls ``production facilities'' 
``specially designed'' for items that are controlled by USML Category 
IV(a)(1) or (a)(2). Paragraph .b of ECCN 9B604 controls test, 
calibration, and alignment equipment ``specially designed'' for

[[Page 279]]

items that are controlled by USML Category IV(h)(28). Paragraph .c of 
ECCN 9B604 controls test, inspection, and other production 
``equipment'' that is ``specially designed'' for the ``development,'' 
``production,'' repair, overhaul, or refurbishing of commodities 
described in ECCN 9A604, or defense articles controlled under USML 
Category IV, and not specified in ECCN 0B604.a or in ECCN 9B604.a, .b, 
or .d. In the January 31 (launch vehicles) rule, ECCN 9B604.c stated 
that it controlled test, inspection, and other production ``equipment'' 
for ``commodities described in ECCN 9A604, or defense articles 
controlled under USML Category IV, and not specified elsewhere on the 
CCL or the USML.'' This revision is intended to clarify the scope of 
controls on the test, inspection, and production equipment described in 
ECCN 9B604.c vis-[agrave]-vis the controls described in ECCN 0B604.a 
and in the other paragraphs of ECCN 9B604 (i.e., 9B604.a, .b, and .d). 
Paragraph .d of ECCN 9B604 controls ``specially designed'' ``production 
facilities'' or production ``equipment'' for systems, sub-systems, and 
``components'' controlled by USML Category IV(d)(1), (d)(7), (h)(1), 
(h)(4), (h)(6), (h)(7), (h)(8), (h)(9), (h)(11), (h)(20), (h)(21), 
(h)(26), or (h)(28). Paragraphs .e through .w are reserved. Paragraph 
.x of ECCN 9B604 controls ``parts,'' ``components,'' ``accessories,'' 
and ``attachments'' ``specially designed'' for a commodity subject to 
control in paragraph .a or .b of ECCN 9B604.

New ECCN 9D604: ``Software'' ``Specially Designed'' for the 
``Development,'' ``Production,'' Operation, or Maintenance of 
Commodities Controlled by ECCN 9A604 or 9B604

    ECCN 9D604.a controls ``software'' ``specially designed'' for the 
``development,'' ``production,'' operation, or maintenance of 
commodities controlled by ECCN 9A604 or ECCN 9B604. Paragraph .b of 
ECCN 9D604 is reserved.

New ECCN 9E604: ``Technology'' ``Required'' for the ``Development,'' 
``Production,'' Operation, Installation, Maintenance, Repair, Overhaul, 
or Refurbishing of Commodities Controlled by ECCN 9A604 or 9B604, or 
``Software'' Controlled by ECCN 9D604

    ECCN 9E604.a controls ``technology'' ``required'' for the 
``development,'' ``production,'' operation, installation, maintenance, 
repair, overhaul, or refurbishing of commodities or ``software'' 
controlled by ECCN 9A604, 9B604, or 9D604. Paragraph .b of ECCN 9E604 
is reserved.

Conforming Amendments to ECCNs 0D001, 0E001, 1A007, 3A232, 9B115, 
9B116, 9D001, 9D002, 9D003, 9D104, 9E001, 9E002, 9E101, and 9E102

    This final rule amends ECCNs 0D001, 0E001, 1A007, 3A232, 9B115, 
9B116, 9D001, 9D002, 9D003, 9D104, 9E001, 9E002, 9E101, and 9E102 to 
make clarifications and conforming changes based on both the addition 
of above-referenced new ``600 series'' ECCNs to CCL Categories 0 and 9 
and the amendments to the list of defense articles controlled by USML 
Category IV that are contained in a final rule from the Department of 
State, Directorate of Defense Trade Controls (DDTC), that is being 
published in conjunction with this final rule.
    First, this final rule amends the headings of ECCNs 0D001 and 0E001 
to exclude ``software'' and ``technology'' for items in new ECCNs 0B604 
and 0B614 from control under ECCNs 0D001 and 0E001, because such 
``software'' and ``technology'' is controlled under new ECCNs 0D604 and 
0E604 and ECCNs 0D614 and 0E614, respectively. In addition, the 
headings of ECCNs 9D001, 9D002, 9D003, 9E001, and 9E002 are amended to 
exclude ``software'' and ``technology'' for items in new ECCN 9B604 
from control under these ECCNs, because such ``software'' and 
``technology'' is controlled under new ECCNs 9D604 and 9E604, 
respectively. This rule also excludes from control under ECCNs 0D001 
and 0E001 the following ``600 series'' ECCNs added to the CCL by BIS's 
July 8 (Category VI-VII-XIII-X) rule: ECCNs 0B606, 0B617, 0C606, and 
0C617. This rule also excludes from control under ECCNs 9D001, 9D002, 
9D003, 9E001, and 9E002 the following ``600 series'' ECCNs added to the 
CCL on October 15, 2013: ECCNs 9B610 and 9B619.
    Second, this final rule amends ECCNs 9D001, 9D002, 9D003, 9D104, 
9E001, 9E002, 9E101, and 9E102 by removing from the headings of these 
ECCNs all references to the CCL Category 9 placeholder ECCNs that 
describe only items subject to the export licensing jurisdiction of 
DDTC. Furthermore, this rule amends the Related Controls paragraphs of 
the ECCNs indicated above to identify the items described in the 
placeholder ECCNs as subject to the export licensing jurisdiction of 
DDTC.
    Third, this final rule amends ECCNs 9B115 and 9B116 by removing 
from the headings of these ECCNs all references to the CCL Category 9 
placeholder ECCNs that describe only items subject to the export 
licensing authority of DDTC. These placeholder references are replaced 
by references to the appropriate USML Category IV controls, as 
described in a rule by the U.S. Department of State, Directorate of 
Defense Trade Controls, that is being published in conjunction with 
this final rule. This final rule amends the headings of ECCNs 9B115 and 
9B116 by adding references to specific USML categories, because these 
ECCNs control ``specially designed'' ``production equipment'' and 
``specially designed'' ``production facilities,'' respectively, for 
certain USML Category IV defense articles, as well as certain CCL 
Category 9 commodities.
    These conforming changes and clarifications also eliminate 
perceived discrepancies in the current text of certain CCL Category 9 
``software'' and ``technology'' ECCNs. For example, the heading of ECCN 
9E102 included ``technology'' for the ``use'' of space launch vehicles 
described in ECCN 9A004, while the Related Controls paragraph of ECCN 
9E102 indicated that such ``technology'' was subject to the export 
licensing jurisdiction of DDTC. This final rule amends the heading of 
ECCN 9E102 to include ``technology'' for commodities described in ECCN 
9A004 (except for items that are subject to the ITAR, see 22 CFR part 
121) and also amends the Related Controls paragraph in ECCN 9E102 to 
indicate that ``technology'' for ECCN 9A004 (except for items that are 
subject to the EAR) is subject to the export licensing jurisdiction of 
DDTC.
    This final rule also corrects an error in the heading of ECCN 
9E101, which indicated that this ECCN controlled ``development,'' 
``production,'' and ``use'' ``technology. In fact, such ``use'' 
``technology'' is controlled under ECCN 9E102. Therefore, this rule 
amends the heading of ECCN 9E101 to remove the reference to ``use'' 
``technology.'' Furthermore, this final rule amends the MT controls 
paragraphs in ECCNs 9E001 and 9E002 to indicate that, in addition to 
the items previously identified in these paragraphs, MT controls also 
apply to ``technology'' for equipment controlled by 9B115. However, the 
MT controls paragraph in 9E002 no longer references 9B117, because 
``production'' ``technology'' for 9B117 is not controlled under ECCN 
9E002, as indicated in the ECCN heading.
    This rule also revises the Related Controls paragraphs in ECCNs 
1A007 and 3A232 to reflect the addition of new ``600 series'' ECCN 
0A604, as described above. Consistent with the previous changes, this 
rule also adds a cross

[[Page 280]]

reference to ECCN 3A232 in the Related Controls paragraph for ECCN 
1A007.
    Changes to the EAR amendments proposed in the January 31 (launch 
vehicles) rule

Test, Inspection, and Other Production ``Equipment'' Controlled Under 
New ECCN 0B604.a

    As noted in the response to comments on ECCN 0B604 (see above), 
ECCN 0B604.a now states that it controls test, inspection, and other 
production ``equipment'' that is ``specially designed'' for the 
``production'' or ``development'' of commodities controlled by ECCN 
0A604 or the bombs, torpedoes, depth charges, mines and hand grenades, 
and parts, components, accessories and attachments therefor, controlled 
under USML Category IV.

Changes To Make New ECCN 9B604 Consistent With the CCL Order of Review

    Supplement No. 4 to part 774, which became effective on October 15, 
2013, gives ``600 series'' ECCNs precedence over non-``600 series'' 
ECCNs when classifying an item. Accordingly, the controls in ECCN 9B604 
in this final rule differ from the controls proposed in the January 31 
(launch vehicles) rule in that they do not limit the scope of the test, 
inspection, and other production ``equipment'' controlled by ECCN 
9B604.c to ``equipment'' that is not controlled elsewhere on the CCL 
(except with respect to ``equipment'' specified in ECCN 0B604.a or 
elsewhere in 9B604, i.e., 9B604.a, .b, or .d). This means that if an 
item subject to the EAR is described by a ``600 series'' ECCN (e.g., 
ECCN 9B604), then the item would be controlled under the ``600 series'' 
ECCN even if it were also described elsewhere on the CCL under a non-
``600 series'' ECCN.

Export Administration Act

    Although the Export Administration Act expired on August 20, 2001, 
the President, through Executive Order 13222 of August 17, 2001, 3 CFR, 
2001 Comp., p. 783 (2002), as amended by Executive Order 13637 of March 
8, 2013, 78 FR 16129 (March 13, 2013), and as extended by the Notice of 
August 8, 2013, 78 FR 49107 (August 12, 2013), has continued the Export 
Administration Regulations in effect under the International Emergency 
Economic Powers Act. BIS continues to carry out the provisions of the 
Export Administration Act, as appropriate and to the extent permitted 
by law, pursuant to Executive Order 13222.

Rulemaking Requirements

    1. Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distribute impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a ``significant regulatory 
action,'' although not economically significant, under section 3(f) of 
Executive Order 12866. Accordingly, the rule has been reviewed by the 
Office of Management and Budget (OMB).
    2. Notwithstanding any other provision of law, no person is 
required to respond to, nor is subject to a penalty for failure to 
comply with, a collection of information, subject to the requirements 
of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA), 
unless that collection of information displays a currently valid OMB 
control number. This final rule would affect the following approved 
information collections: Simplified Network Application Processing 
System (control number 0694-0088), which includes, among other things, 
license applications; license exceptions (0694-0137); voluntary self-
disclosure of violations (0694-0058); recordkeeping (0694-0096); export 
clearance (0694-0122); and the Automated Export System (0607-0152).
    As stated in the July 15 (framework) rule, BIS believed that the 
combined effect of all rules to be published adding items to the EAR 
that would be removed from the ITAR as part of the administration's ECR 
Initiative would increase the number of license applications to be 
submitted to BIS by approximately 16,000 annually. As the review of the 
USML progressed, the interagency group gained more specific information 
about the number of items that would come under BIS jurisdiction. As of 
the June 21 (transition) rule, BIS estimated the increase in license 
applications to be 30,000 annually, resulting in an increase in burden 
hours of 8,500 (30,000 transactions at 17 minutes each) under control 
number 0694-0088. BIS continues to review its estimate of this level of 
increase as more information becomes available. As described below, the 
net burden US export controls impose on US exporters will go down as a 
result of the transfer of less sensitive military items to the 
jurisdiction of the CCL and the application of the license exceptions 
and other provisions set forth in this rule.
    Some items formerly on the USML will become eligible for License 
Exception STA under this rule. Other such items may become eligible for 
License Exception STA upon approval of an eligibility request. BIS 
believes that the increased use of License Exception STA resulting from 
the combined effect of all rules to be published adding items to the 
EAR that would be removed from the ITAR as part of the administration's 
Export Control Reform Initiative would increase the burden associated 
with control number 0694-0137 by about 14,758 hours (12,650 
transactions at 1 hour and 10 minutes each). BIS expects that this 
increase in burden would be more than offset by a reduction in burden 
hours associated with approved collections related to the ITAR.
    3. This rule does not contain policies with Federalism implications 
as that term is defined under E.O. 13132.
    4. The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 
601 et seq., generally requires an agency to prepare a regulatory 
flexibility analysis of any rule subject to the notice and comment 
rulemaking requirements under the Administrative Procedure Act (5 
U.S.C. 553) or any other statute, unless the agency certifies that the 
rule will not have a significant economic impact on a substantial 
number of small entities. Under section 605(b) of the RFA, however, if 
the head of an agency certifies that a rule will not have a significant 
impact on a substantial number of small entities, the statute does not 
require the agency to prepare a regulatory flexibility analysis. 
Pursuant to section 605(b), the Chief Counsel for Regulations, 
Department of Commerce, certified to the Chief Counsel for Advocacy 
that the four proposed rules on which this rule is based would not have 
a significant impact on a substantial number of small entities. The 
rationales for those certifications were stated in the preambles to the 
proposed rules (see 77 FR 25932, 25938, May 2, 2012; 77 FR 33688, 
33693, June 7, 2012; 77 FR 35310, 35313, June 13, 2012 and 78 FR 6750, 
6756, January 31, 2013). BIS received no comments on those rationales 
and makes no changes to them for this final rule. Therefore, they are 
not repeated here. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

[[Page 281]]

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, the Export Administration 
Regulations (15 CFR parts 730-774) are amended as follows:

PART 740--[AMENDED]

0
1. The authority citation for part 740 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. 7201 et seq.; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., 
p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 
of August 8, 2013, 78 FR 49107 (August 12, 2013).


0
2. In Sec.  740.2:
0
a. Revise paragraph (a)(12);
0
b. Remove the word ``and'' from paragraph (a)(13)(v);
0
c. Redesignate paragraph (a)(13)(vi) as paragraph (a)(13)(vii); and
0
d. Add a new paragraph (a)(13)(vi).
    The revision and addition read as follows:


Sec.  740.2  Restrictions on all License Exceptions.

    (a) * * *
    (12) The item is described in a ``600 series'' ECCN and is destined 
to, shipped from, or was manufactured in a destination listed in 
Country Group D:5 (see Supplement No.1 to part 740 of the EAR), except 
that:
    (i) ``600 series'' items destined to, or in, Country Group D:5 are 
eligible for License Exception GOV (Sec.  740.11(b)(2) of the EAR); and
    (ii) 1A613.c or .d items destined to, or in, Country Group D:5 are 
eligible for License Exception TMP (Sec.  740.9(a)(11) of the EAR) or 
License Exception BAG (Sec.  740.14(h)(2) of the EAR).
    (13) * * *
    (vi) License Exception BAG (Sec.  740.14); and
* * * * *

0
3. Section 740.9 is amended by adding paragraph (a)(11) and revising 
the first sentence of paragraph (a)(14) introductory text to read as 
follows:


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

* * * * *
    (a) * * *
    (11) Personal protective equipment classified under ECCN 1A613.c or 
.d. (i) Temporary exports, reexports, or in-country transfers to 
countries not identified in Country Group D:5. U.S. persons may 
temporarily export or reexport one set of body armor classified under 
ECCN 1A613.d, which may include one helmet classified under 1A613.c, to 
countries not identified in Country Group D:5, provided that:
    (A) The items are with the U.S. person's baggage or effects, 
whether accompanied or unaccompanied (but not mailed); and
    (B) The items are for that U.S. person's exclusive use and not for 
transfer of ownership unless reexported or transferred (in-country) to 
another U.S. person.
    (ii) Temporary exports, reexports, or transfers (in-country) to 
countries identified in Country Group D:5.
    (A) Afghanistan. U.S. persons may temporarily export or reexport 
one set of body armor classified under ECCN 1A613.d, which may include 
one helmet classified under ECCN 1A613.c, to Afghanistan for personal 
use provided that the requirements in paragraph (a)(11)(i) of this 
section are met.
    (B) Iraq. U.S. persons may temporarily export or reexport one set 
of body armor classified under ECCN 1A613.d, which may include one 
helmet classified under ECCN 1A613.c, to Iraq for personal use provided 
that the requirements in paragraph (a)(11)(i) of this section are met. 
In addition, the U.S. person must be affiliated with the U.S. 
Government and traveling on official business or traveling in support 
of a U.S. Government contract, or the U.S. person must be traveling to 
Iraq under a direct authorization by the Government of Iraq and 
engaging in activities for, on behalf of, or at the request of, the 
Government of Iraq. Documentation regarding direct authorization from 
the Government of Iraq shall include an English translation.
    (C) Other countries in Country Group D:5. U.S. persons may 
temporarily export or reexport one set of body armor classified under 
ECCN 1A613.d, which may include one helmet classified under ECCN 
1A613.c, provided that the requirements in paragraph (a)(11)(i) of this 
section are met, and the U.S. person is affiliated with the U.S. 
Government traveling on official business or is traveling in support of 
a U.S. Government contract.
    (iii) Items exported, reexported, or transferred (in-country) under 
paragraph (a)(11) of this section, if not consumed or destroyed in the 
normal course of authorized temporary use abroad, must be returned to 
the United States or other country from which the items were so 
transferred as soon as practicable but no later than four years after 
the date of export, reexport or transfer (in-country).
* * * * *
    (14) * * * With the exception of items described in paragraph 
(a)(11) of this section, all items exported, reexported, or transferred 
(in-country) under this section must, if not consumed or destroyed in 
the normal course of authorized temporary use abroad, be returned to 
the United States or other country from which the items were so 
transferred as soon as practicable but no later than one year after the 
date of export, reexport, or transfer (in-country). * * *
* * * * *

0
4. Section 740.14 is amended by adding paragraph (h) to read as 
follows:


Sec.  740.14  Baggage (BAG).

* * * * *
    (h) Special provisions: personal protective equipment classified 
under ECCN 1A613.c or .d. (1) Exports, reexports, or in-country 
transfers to countries not identified in Country Group D:5. U.S. 
persons may export, reexport, or transfer (in-country) one set of body 
armor classified under ECCN 1A613.d, which may include one helmet 
classified under or ECCN 1A613.c, to countries not identified in 
Country Group D:5, provided that:
    (i) The items are with the U.S. person's baggage or effects, 
whether accompanied or unaccompanied (but not mailed); and
    (ii) The items are for that person's exclusive use and not for 
transfer of ownership unless reexported or transferred (in-country) to 
another U.S. person.
    (2) Exports, reexports, or in-country transfers to countries 
identified in Country Group D:5. (i) Afghanistan. U.S. persons may 
export, reexport, or transfer (in-country) one set of body armor 
classified under ECCN 1A613.d, which may include one helmet classified 
under ECCN 1A613.c, to Afghanistan for personal use provided that the 
requirements in paragraph (h)(1) of this section are met.
    (ii) Iraq. U.S. persons may export, reexport, or transfer (in-
country) one set of body armor classified under ECCN 1A613.d, which may 
include one helmet classified under ECCN 1A613.c, to Iraq for personal 
use provided that the requirements in paragraph (h)(1) of this section 
are met. In addition, the U.S. person must be affiliated with the U.S. 
Government and traveling on official business or traveling in support 
of a U.S. Government contract, or the U.S. person must be traveling to 
Iraq under a direct authorization by the

[[Page 282]]

Government of Iraq and engaging in activities for, on behalf of, or at 
the request of, the Government of Iraq. Documentation regarding direct 
authorization from the Government of Iraq shall include an English 
translation.
    (iii) Other countries in Country Group D:5. U.S. persons may 
export, reexport, or transfer (in-country) one set of body armor 
classified under ECCN 1A613.d, which may include one helmet classified 
under ECCN 1A613.c, provided that the requirements in paragraph (h)(1) 
of this section are met, and the U.S. person is affiliated with the 
U.S. Government traveling on official business or is traveling in 
support of a U.S. Government contract.

    Note to paragraph (h):  Body armor controlled under ECCN 1A005 
is eligible for this License Exception under paragraph (b) of this 
section.

PART 774--[AMENDED]

0
5. The authority citation for 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); 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; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 
U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR 58767, 3 CFR, 
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. 
783; Notice of August 8, 2013, 78 FR 49107 (August 12, 2013).

0
6. In Supplement No. 1 to part 774, Category 0, Export Control 
Classification Number 0A018 is amended by:
0
a. Revising the ``Related Controls'' paragraph in the List of Items 
Controlled section to read as follows;
0
b. Removing and reserving ``Items'' paragraph .d in the List of Items 
Controlled section; and
0
c. Removing the ``Note'' to ``Items'' paragraph .d in the List of Items 
Controlled section.
    The revision reads as follows:

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

* * * * *
0A018 Items on the Wassenaar Munitions List (see List of Items 
Controlled).
* * * * *

List of Items Controlled

Related Controls: (1) See also 0A979, 0A988, and 22 CFR 121.1 
Categories I(a), III(b-d), and X(a). (2) See ECCN 0A617.y.1 and .y.2 
for items formerly controlled by ECCN 0A018.a. (3) See ECCN 1A613.c 
for military helmets providing less than NIJ Type IV protection and 
ECCN 1A613.y.1 for conventional military steel helmets that, 
immediately prior to July 1, 2014, were classified under 0A018.d and 
0A988. (4) See 22 CFR 121.1 Category X(a)(5) and (a)(6) for controls 
on other military helmets.
* * * * *

0
7. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0A604 between ECCNs 0A521 and 0A606 to 
read as follows:

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

* * * * *
0A604 Commodities Related to Military Explosive Devices and Charges 
(see List of Items Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

LVS: N/A
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 0A604.

List of Items Controlled

Related Controls: (1) Torpedoes, bombs, and mines are subject to the 
ITAR (see 22 CFR Sec.  121.1, USML Category IV). (2) Smoke bombs, 
non-irritant smoke flares, canisters, grenades and charges, and 
other pyrotechnical articles having both military and commercial 
applications are controlled by ECCN 1A984. (3) Certain explosive 
detonator firing sets, electrically driven explosive detonators, and 
detonators and multipoint initiation systems are controlled by ECCN 
1A007 or ECCN 3A232. (4) See ECCN 0A919 for foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of 
U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. Demolition blocks, and detonators designed, modified, or 
adapted therefor.
    b. Military explosive excavating devices.

    Note to 0A604.a and .b:  This entry does not control the 
detonators and other items described in ECCN 1A007 or ECCN 3A232.

    c. Smoke hand grenades and stun hand grenades (e.g., 
``flashbangs'') not controlled by ECCN 1A984.
    d. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
subject to control in paragraphs .a through .c of this ECCN, or for 
a defense article controlled under USML Category IV, and not 
specified elsewhere on the USML.

    Note 1 to 0A604.x:  Forgings, castings, and other unfinished 
products, such as extrusions and machined bodies, that have reached 
a stage in manufacturing where they are clearly identifiable by 
mechanical properties, material composition, geometry, or function 
as commodities controlled by ECCN 0A604.x, are controlled by ECCN 
0A604.x.


    Note 2 to 0A604.x:  ``Parts,'' ``components,'' ``accessories,'' 
and ``attachments'' specified in USML Category IV(h) are subject to 
the controls of that paragraph.

* * * * *

0
8. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0A614 between ECCNs 0A606 and 0A617 to 
read as follows:

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

* * * * *
0A614 Military Training ``Equipment,'' as Follows (see List of Items 
Controlled).

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2)) 
of the EAR may not be used for any item in 0A614.

List of Items Controlled

Related Controls: (1) Defense articles that are enumerated or 
otherwise described in USML Category IX and ``technical data'' 
(including ``software'') directly related thereto are subject to the 
ITAR. (2) See ECCN 0A919 for foreign-made ``military commodities'' 
that incorporate more than a de minimis of US-origin ``600 series'' 
items. (3) ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' that are common to a simulator controlled by ECCN 
0A614.a and to a simulated system or an

[[Page 283]]

end item that is controlled on the USML or elsewhere on the CCL are 
controlled under the same USML Category or ECCN as the ``parts,'' 
``components,'' ``accessories'' and ``attachments'' of the simulated 
system or end item.

Related Definitions: N/A

Items:
    a. ``Equipment'' ``specially designed'' for military training 
that is not enumerated or otherwise described in USML Category IX.

    Note 1 to 0A614:  This entry includes operational flight 
trainers, radar target trainers, flight simulators for aircraft 
classified under ECCN 9A610.a, human-rated centrifuges, instrument 
flight trainers for military aircraft, navigation trainers for 
military items, target equipment, armament trainers, military 
pilotless aircraft trainers, mobile training units and training 
``equipment'' for ground military operations.


    Note 2 to 0A614: This entry does not apply to ``equipment'' 
``specially designed'' for training in the use of hunting or 
sporting weapons.

    b. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories'' ``attachments'' 
that are ``specially designed'' for a commodity controlled by this 
entry or an article enumerated or otherwise described in USML 
Category IX, and not specified elsewhere on the USML.

    Note 3 to 0A614: Forgings, castings, and other unfinished 
products, such as extrusions and machined bodies, that have reached 
a stage in manufacturing where they are clearly identifiable by 
mechanical properties, material composition, geometry, or function 
as commodities controlled by ECCN 0A614.x are controlled by ECCN 
0A614.x.

* * * * *

0
9. In Supplement No. 1 to part 774, Category 0, Export Control 
Classification Number 0A988 is revised to read as follows:

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

* * * * *
0A988 Conventional Military Steel Helmets as Described by 0A018.d.1.
    No items currently are in this ECCN. See ECCN 1A613.y.1 for 
conventional steel helmets that, immediately prior to July 1, 2014, 
were classified under 0A988.

0
10. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0B604 between ECCNs 0B521 and 0B606 to 
read as follows:

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

* * * * *

0B604 Test, Inspection, and Production ``Equipment'' and Related 
Commodities ``Specially Designed'' for the ``Development,'' 
``Production,'' Repair, Overhaul, or Refurbishing of Commodities in 
ECCN 0A604 or Related Defense Articles in USML Category IV (see List 
of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 0B604.

List of Items Controlled

Related Controls: (1) See ECCN 9B604, which controls test, 
inspection, and production ``equipment'' and related commodities 
``specially designed'' for the ``development'' or ``production'' of 
commodities in ECCN 9A604 or related defense articles in USML 
Category IV. (2) See ECCN 0A919 for foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
    a. Test, inspection, and other production ``equipment'' that are 
``specially designed'' for the ``development,'' ``production,'' 
repair, overhaul, or refurbishing of commodities controlled by ECCN 
0A604 or for bombs, torpedoes, depth charges, mines and hand 
grenades, and parts, components, accessories and attachments 
therefor, controlled under USML Category IV.
    b. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
subject to control in paragraph .a of this ECCN.

0
11. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0B614 between ECCNs 0B606 and 0B617 to 
read as follows:

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

* * * * *

0B614 Test, Inspection, and Production ``Equipment'' for Military 
Training ``Equipment'' and ``Specially Designed'' ``Parts,'' 
``Components,'' ``Accessories'' and ``Attachments'' Therefor, as 
Follows (see List of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country Chart (See Supp. No.
                Control(s)                         1 to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 0B614.

List of Items Controlled

Related Controls: See ECCN 0A919 for foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' controlled content.
Related Definitions: N/A
Items:

    a. Test, inspection, and other production ``equipment'' 
``specially designed'' for the ``development,'' ``production,'' 
repair, overhaul, or refurbishing of commodities controlled by ECCN 
0A614 or articles enumerated or otherwise described in USML Category 
IX.
    b. through .w [Reserved]
    x. ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' that are ``specially designed'' for a commodity 
controlled by ECCN 0B614.


0
12. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], ECCN 0D001 is amended by revising the heading of 
the ECCN to read as follows:

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

* * * * *

0D001 ``Software'' specially designed or modified for the 
``development,'' ``production,'' or ``use'' of items described in 
ECCN 0A001 or 0A002, 0B (except for ECCNs 0B604, 0B606, 0B614, 
0B617, 0B986 and 0B999), or 0C (except for ECCN 0C606 and 0C617)
* * * * *

0
13. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0D604 between ECCNs 0D521 and 0D606 to 
read as follows:

[[Page 284]]

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

* * * * *
0D604 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCN 0A604 or 0B604

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                            Country chart (See Supp. No.
                Control(s)                         1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 0D604.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles 
enumerated in USML Category IV is controlled under USML Category 
IV(i). (2) See ECCN 0A919 for foreign-made ``military commodities'' 
that incorporate more than a de minimis amount of U.S.-origin ``600 
series'' controlled content.
Related Definitions: N/A
Items:

    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCN 0A604 or 0B604.
    b. [Reserved]
* * * * *

0
14. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0D614 between ECCNs 0D606 and 0D617 to 
read as follows:

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

* * * * *
0D614 ``Software'' related to military training ``equipment,'' as 
follows (see List of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any ``software'' in 0D614.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles 
enumerated in USML Category IX is subject to the control of USML 
paragraph IX(e). (2) See ECCN 0A919 for foreign made ``military 
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' items.
Related Definitions: N/A
Items:

    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCNs 0A614 or 0B614.
    b. [Reserved]
* * * * *

0
15. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], ECCN 0E001 is amended by revising the heading of 
the ECCN to read as follows:

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

* * * * *
0E001 ``Technology,'' according to the Nuclear Technology Note, for 
the ``development'', ``production'', or ``use'' of items described 
in ECCN 0A001 or 0A002, 0B (except for ECCNs 0B604, 0B606, 0B614, 
0B617, 0B986, and 0B999), 0C (except for ECCN 0C606 and 0C617), or 
ECCN 0D001
* * * * *

0
16. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0E604 between ECCNs 0E521 and 0E606 to 
read as follows:

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

* * * * *
0E604 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities controlled by ECCN 0A604 or 
0B604, or ``software'' controlled by ECCN 0D604

License Requirements

    Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 0E604.

List of Items Controlled

Related Controls: Technical data directly related to articles 
enumerated in USML Category IV are controlled under USML Category 
IV(i).
Related Definitions: N/A
Items:

    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities controlled by ECCN 0A604 or 
0B604, or ``software'' controlled by ECCN 0D604.
    b. [Reserved]
* * * * *

0
17. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 0--Nuclear Materials, Facilities, and Equipment [and 
Miscellaneous Items], add ECCN 0E614 between ECCNs 0E606 and 0E617 to 
read as follows:

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

* * * * *
0E614 ``Technology,'' as follows (see List of Items Controlled)

License Requirements

    Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                      No. 1   to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

 List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

CIV: N/A
TSR: N/A

[[Page 285]]

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any technology in 0E614.

List of Items Controlled

Related Controls: ``Technical data'' directly related to articles 
enumerated in USML Category IX is subject to the control of USML 
paragraph IX(e).
Related Definitions: N/A
    Items:

    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair 
overhaul, or refurbishing of commodities or ``software'' controlled 
by ECCNs 0A614, 0B614, or 0D614.
    b. [Reserved]
* * * * *

0
18. In Supplement No. 1 to part 774, Category 1, ECCN 1A005 is amended 
by:
0
a. Adding a License Requirements Notes paragraph at the end of the 
License Requirements section;
0
b. Revising the Related Controls paragraph; and
0
c. Revising paragraphs a. and b. in the Items paragraph of the List of 
Items Controlled section.
    The addition and revisions read as follows:

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

* * * * *
1A005 Body armor and components therefor, as follows (see List of 
Items Controlled)

License Requirements

Reasons for Control
* * * * *
License Requirements Notes: 1. Soft body armor not manufactured to 
military standards or specifications must provide ballistic 
protection equal to or less than NIJ level III (NIJ 0101.06, July 
2008) to be controlled under 1A005.a. 2. For purposes of 1A005.a, 
military standards and specifications include, at a minimum, 
specifications for fragmentation protection.
* * * * *

List of Items Controlled

Related Controls: (1) Bulletproof and bullet resistant vests (body 
armor) providing NIJ Type IV protection or greater are subject to 
the ITAR (see 22 CFR 121.1 Category X(a)). (2) Soft body armor and 
protective garments manufactured to military standards or 
specifications that provide protection equal to NIJ level III or 
less are classified under ECCN 1A613.d.1. (3) Hard armor plates 
providing NIJ level III ballistic protection are classified under 
ECCN 1A613.d.2. (4) Police helmets and shields are classified under 
ECCN 0A979. (5) Other personal protective ``equipment'' ``specially 
designed'' for military applications not controlled by the USML or 
elsewhere in the CCL is classified under ECCN 1A613.e. (6) For 
``fibrous or filamentary materials'' used in the manufacture of body 
armor, see ECCN 1C010.
* * * * *
Items:

    a. Soft body armor not manufactured to military standards or 
specifications, or to their equivalents, and ``specially designed'' 
``components'' therefor.
    b. Hard body armor plates that provide ballistic protection less 
than NIJ level III (NIJ 0101.06, July 2008) or national equivalents.
* * * * *

0
19. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1A007 is amended by revising 
the Related Controls paragraph in the List of Items Controlled section 
to read as follows:

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

* * * * *
1A007 Equipment and devices, specially designed to initiate charges 
and devices containing energetic materials, by electrical means, as 
follows (see List of Items Controlled)
* * * * *

List of Items Controlled

Related Controls: High explosives and related equipment specially 
designed for military use are ``subject to the ITAR'' (see 22 CFR 
parts 120 through 130). This entry does not control detonators using 
only primary explosives, such as lead azide. See also ECCNs 0A604, 
3A229, and 3A232. See 1E001 for ``development'' and ``production'' 
technology controls, and 1E201 for ``use'' technology controls.
* * * * *

0
20. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1A008 is amended by revising 
the second related control in the Related Controls paragraph of the 
List of Items Controlled section to read as follows:

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

* * * * *
1A008 Charges, devices and components, as follows (see List of Items 
Controlled)
* * * * *

List of Items Controlled

Related Controls: * * *
    (2) See also ECCNs 1C011, 1C018, 1C111, 1C239, and 1C608 for 
additional controlled energetic materials. See ECCN 1E001 for the 
``development'' or ``production'' ``technology'' for the commodities 
controlled by ECCN 1A008, but not for explosives or commodities that 
are ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
21. In Supplement No. 1 to part 774, Category 1, add a ECCN 1A613 
between ECCNs 1A290 and 1A984 to read as follows:

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

* * * * *
1A613 Armored and protective ``equipment'' and related commodities, 
as follows

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry except 1A613.y.  NS Column 1
RS applies to entire entry except 1A613.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 1A613.y  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: (1) Paragraph (c)(2) of License Exception STA (Sec.  
740.20(c)(2) of the EAR) may not be used for any item in 1A613.

List of Items Controlled

Related Controls: (1) Defense articles, such as materials made from 
classified information, that are controlled by USML Category X or 
XIII of the ITAR, and technical data (including software) directly 
related thereto, are subject to the ITAR. (2) See ECCN 0A919 for 
foreign-made ``military commodities'' that incorporate more than a 
de minimis amount of US-origin ``600 series'' controlled content.
Related Definitions: References to ``NIJ Type'' protection are to 
the National Institute of Justice Classification guide at NIJ 
Standard 0101.06, Ballistic Resistance of Body Armor, and NIJ 
Standard 0108.01, Ballistic Resistant Protective Materials.
Items:

    a. Armored plate ``specially designed'' for military use and not 
controlled by the USML.

    Note to paragraph a:  For controls on body armor plates, see 
ECCN 1A613.d.2 and USML Category X(a)(1).

    b. Shelters ``specially designed'' to:
    b.1. Provide ballistic protection for military systems, or
    b.2. Protect against nuclear, biological, or chemical 
contamination.
    c. Military helmets (other than helmets controlled under 
1A613.y.1) and helmet

[[Page 286]]

shells providing less than NIJ Type IV protection.

    Note 1 to paragraph c:  See ECCN 0A979 for controls on police 
helmets.


    Note 2 to paragraph c:  See USML Category X(a)(5) and (a)(6) for 
controls on other military helmets.

    d. Body armor and protective garments, as follows:
    d.1. Soft body armor and protective garments manufactured to 
military standards or specifications, or to their equivalents, that 
provide ballistic protection equal to or less than NIJ level III 
(NIJ 0101.06, July 2008); or

    Note:  For 1A613.d.1, military standards or specifications 
include, at a minimum, specifications for fragmentation protection.

    d.2. Hard body armor plates that provide ballistic protection 
equal to NIJ level III (NIJ 0101.06, July 2008) or national 
equivalents.

    Note: See ECCN 1A005 for controls on soft body armor not 
manufactured to military standards or specifications and hard body 
armor plates providing less than NIJ level III protection. For body 
armor providing NIJ Type IV protection or greater, see USML Category 
X(a)(1).

    e. Other personal protective ``equipment'' ``specially 
designed'' for military applications not controlled by the USML.
    f. to w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
controlled by ECCN 1A613 (except for 1A613.y) or an article 
enumerated in USML Category X, and not controlled elsewhere in the 
USML.

    Note: Forgings, castings, and other unfinished products, such as 
extrusions and machined bodies, that have reached a stage in 
manufacturing where they are clearly identifiable by mechanical 
properties, material composition, geometry, or function as 
commodities controlled by ECCN 1A613.x are controlled by ECCN 
1A613.x.

    y. Other commodities as follows:
    y.1 Conventional military steel helmets.
    y.2 [Reserved]
* * * * *

0
22. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1B018 is amended in the List 
of Items Controlled section by revising the ``Related Controls'' 
paragraph and by removing and reserving paragraph a.
    The revision reads as follows:

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

* * * * *
1B018 Items on the Wassenaar Arrangement Munitions List (see List of 
Items controlled)
* * * * *

List of Items Controlled

Related Controls: See ECCN 1B608.a, .b, and .x for items that, 
immediately prior to July 1, 2014, were classified under 1B018.a.
* * * * *

0
23. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' add ECCNs 1B608 and 1B613 between 
ECCNs 1B233 and 1B999 to read as follows:

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

* * * * *
1B608 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development,'' 
``production,'' repair, overhaul, or refurbishing of commodities 
enumerated in ECCN 1C608 or USML Category V (see List of Items 
Controlled)

License Requirements

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

 
                                            Country chart (See Supp. No.
                Control(s)                         1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to equipment ``specially         MT Column 1
 designed'' for MT-controlled commodities
 in ECCN 1C608 or MT articles in USML
 Category V.
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 1B608.

List of Items Controlled

Related Controls: (1) Defense articles that are enumerated in USML 
Category V, and technical data (including software) directly related 
thereto, are subject to the ITAR. (2) See ECCN 0A919 for foreign-
made ``military commodities'' that incorporate more than a de 
minimis amount of US-origin ``600 series'' controlled content. (3) 
See ECCN 1B115 for controls on ``production equipment,'' not 
controlled by this ECCN 1B608, for propellants or propellant 
constituents described in ECCN 1C011.a, 1C011.b, or 1C111 or in USML 
Category V.
Related Definitions: N/A
Items:

    a. ``Equipment'' ``specially designed'' for the ``development,'' 
``production,'' repair, overhaul, or refurbishing of items 
controlled by ECCN 1C608 or USML Category V and not elsewhere 
specified on the USML.

    Note to paragraph a:  ECCN 1B608.a. includes: (1) Continuous 
nitrators; (2) dehydration presses;
    (3) cutting machines for the sizing of extruded propellants; (4) 
sweetie barrels (tumblers) 6 feet or more in diameter and having 
over 500 pounds product capacity; (5) convection current converters 
for the conversion of materials listed in USML Category V(c)(2); and 
(6) extrusion presses for the extrusion of small arms, cannon and 
rocket propellants.

    b. Complete installations ``specially designed'' for the 
``development,'' ``production,'' repair, overhaul, or refurbishing 
of items controlled by ECCN 1C608 or USML Category V and not 
elsewhere specified on the USML.
    c. Environmental test facilities ``specially designed'' for the 
certification, qualification, or testing of items controlled by ECCN 
1C608 or USML Category V.
    d. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories'' and 
``attachments'' that are ``specially designed'' for a commodity 
subject to control in this ECCN or a defense article in USML 
Category V and not elsewhere specified on the USML.
1B613 Test, inspection, and ``production'' ``equipment'' and related 
commodities ``specially designed'' for the ``development,'' 
``production,'' repair, overhaul, or refurbishing of commodities 
controlled by ECCN 1A613 or USML Category X, as follows (see List of 
Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 1B613.

List of Items Controlled

Related Controls: See ECCN 0A919 for foreign-made ``military 
commodities'' that

[[Page 287]]

incorporate more than a de minimis amount of US-origin ``600 
series'' controlled content.
Related Definitions: N/A
Items:

    a. Test, inspection, and ``production'' ``equipment,'' not 
controlled by USML Category X(c), that is ``specially designed'' for 
the ``development,'' ``production,'' repair, overhaul, or 
refurbishing of commodities controlled by ECCN 1A613 or USML 
Category X.
    b. Plasma pressure compaction (P2C) ``equipment'' ``specially 
designed'' for the ``production'' of ceramic or composite body armor 
plates controlled by ECCN 1A613 or USML Category X.
* * * * *

0
24. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1C011 is amended by revising 
paragraph (1) in the Related Controls paragraph in the List of Items 
Controlled section to read as follows:

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

* * * * *
1C011 Metals and compounds, other than those specified in 1C111, as 
follows (see List of Items Controlled)
* * * * *

List of Items Controlled

Related Controls: (1) See also ECCNs 1C111 and 1C608. * * *.
* * * * *

0
25. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1C018 is revised to read as 
follows:

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

* * * * *
1C018 Commercial charges and devices containing energetic materials 
on the Wassenaar Arrangement Munitions List and certain chemicals
    No items currently are in this ECCN. (1) See ECCN 1C608.b. 
through .m for items that, immediately prior to July 1, 2014 were 
classified under 1C018.b through .m. (2) See ECCNs 1C011, 1C111, and 
1C239 for additional controlled energetic materials, including 
chlorine trifluoride (ClF3), which is controlled under 
ECCN 1C111.a.3.f. (3) See ECCN 1A008 for shaped charges, detonating 
cord, and cutters and severing tools.
* * * * *

0
26. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' revise ECCN 1C111 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.
                Control(s)                       No. 1  to part 738)
 
MT applies to entire entry except           MT Column 1
 1C111.d.3.
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
CIV: 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(f)(3) 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(d)(10) 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 
percent of the total weight is made up of particles of less than 63 
[micro]m, according to ISO 2591:1988 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), 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);
    b.5. Polytetrahydrofuran polyethylene glycol (TPEG).

    Technical Note:  Polytetrahydrofuran polyethylene glycol (TPEG) 
is a block copolymer of poly 1,4 Butanediol and polyethylene glycol 
(PEG).

    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);

[[Page 288]]

    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;
    d.8. Allylhydrazine (C.A.S.  7422-78-8);
    d.9. Ethylene dihydrazine;
    d.10. Monomethylhydrazine dinitrate;
    d.11. Unsymmetrical dimethylhydrazine nitrate;
    d.12. Dimethylhydrazinium azide;
    d.13. Hydrazinium azide (C.A.S.  14546-44-2);
    d.14. Hydrazinium dinitrate;
    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);
    d.19. Diethylhydrazine nitrate (DEHN);
    d.20. 3,6-dihydrazino tetrazine nitrate (DHTN), also referred to 
as 1,4-dihydrazine nitrate.
* * * * *

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

0
27. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1C238 is removed.

0
28. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1C239 is amended by revising 
the Related Controls paragraph in the List of Items Controlled section 
to read as follows:

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

* * * * *
1C239 High Explosives, Other Than Those Controlled by the U.S. 
Munitions List, or Substances or Mixtures Containing More Than 2% by 
Weight Thereof, With a Crystal Density Greater Than 1.8 g/cm\3\ and 
Having a Detonation Velocity Greater than 8,000 m/s
* * * * *

List of Items Controlled

    Related Controls: (1) See ECCNs 1E001 (``development'' and 
``production'') and 1E201 (``use'') for technology for items 
controlled by this entry. (2) See ECCNs 1C608 (energetic materials 
and related commodities on the Wassenaar Arrangement Munitions List) 
and 1C992 (commercial charges and devices containing energetic 
materials, n.e.s and nitrogen trifluoride in a gaseous state). (3) 
High explosives for military use are subject to the ITAR (see 22 CFR 
Part 121.1).
* * * * *


0
29. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' add ECCN 1C608 between ECCNs 1C395 
and 1C980 to read as follows:

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

* * * * *
1C608 Energetic Materials and Related Commodities (see List of Items 
Controlled)

License Requirements

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

 
                                            Country chart (See Supp. No.
                Control(s)                         1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to 1C608.m.....................  MT Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (see Part 740 for a Description of all 
License Exceptions)

LVS: $1500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 1C608.

List of Items Controlled

Related Controls: (1) The EAR does not control devices or charges 
containing materials controlled by USML subparagraphs V(c)(6), V(h), 
or V(i). The USML controls devices containing such materials. (2) 
The USML in Categories III, IV, or V controls devices and charges in 
this entry if they contain materials controlled by Category V (other 
than slurries) and such materials can be easily extracted without 
destroying the device or charge. (3) See also explosives and other 
items enumerated in ECCNs 1A006, 1A007, 1A008, 1C011, 1C111, 1C239, 
and 1C992. (4) See ECCN 0A919 for foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of US-
origin ``600 series'' controlled content.
Related Definitions: For purposes of this entry, the term 
``controlled materials'' means controlled energetic materials 
enumerated in ECCNs 1C011, 1C111, 1C239, 1C608, or USML Category V.
Items:
    a. Single base, double base, and triple base propellants having 
nitrocellulose with nitrogen content greater than 12.6% in the form 
of either:
    a.1. Sheetstock or carpet rolls; or
    a.2. Grains with diameter greater than 0.10 inches.

    Note: This entry does not control propellant grains used in 
shotgun shells, small arms cartridges, or rifle cartridges.


    Note: Sheetstock is propellant that has been manufactured in the 
form of a sheet suitable for further processing. A carpet roll is 
propellant that has been manufactured as a sheet, often cut to a 
desired width, and subsequently rolled up (like a carpet).


     Note: Single base is propellant which consists mostly of 
nitrocellulose. Double base propellants consist mostly of 
nitrocellulose and nitroglycerine. Triple base consists mostly of 
nitrocellulose, nitroglycerine, and nitroguanidine. Such propellants 
contain other materials, such as resins or stabilizers, that could 
include carbon, salts, burn rate modifiers, nitrodiphenylamine, wax, 
polyethylene glycol (PEG), polyglycol adipate (PGA).

    b. Shock tubes containing greater than 0.064 kg per meter (300 
grains per foot), but not more than 0.1 kg per meter (470 grains per 
foot) of controlled materials.
    c. Cartridge power devices containing greater than 0.70 kg, but 
not more than 1.0 kg of controlled materials.
    d. Detonators (electric or nonelectric) and ``specially 
designed'' assemblies therefor containing greater than 0.01 kg, but 
not more than 0.1 kg of controlled materials.
    e. Igniters not controlled by USML Categories III or IV that 
contain greater than 0.01 kg, but not more than 0.1 kg of controlled 
materials.
    f. Oil well cartridges containing greater than 0.015 kg, but not 
more than 0.1 kg of controlled materials.
    g. Commercial cast or pressed boosters containing greater than 
1.0 kg, but not more than 5.0 kg of controlled materials.
    h. Commercial prefabricated slurries and emulsions containing 
greater than 10 kg and less than or equal to thirty-five percent by 
weight of USML controlled materials.
    i. [Reserved]
    j. Pyrotechnic devices ``specially designed'' for commercial 
purposes (e.g., theatrical stages, motion picture special effects, 
and fireworks displays), and containing greater than 3.0 kg, but not 
more than 5.0 kg of controlled materials.
    k. Other commercial explosive devices or charges ``specially 
designed'' for commercial applications, not controlled by 1C608.c 
through .g above, containing greater than 1.0 kg, but not more than 
5.0 kg of controlled materials.
    l. Propyleneimine (2 methylaziridine) (C.A.S. 75-55-8).
    m. Any oxidizer or mixture thereof that is a compound composed 
of fluorine and one or more of the following: other halogens, 
oxygen, or nitrogen.

    Note 1 to 1C608.m: Nitrogen trifluoride (NF3) in a 
gaseous state is controlled under ECCN 1C992 and not under ECCN 
1C608.m.


    Note 2 to 1C608.m: Chlorine trifluoride (ClF3) is 
controlled under ECCN 1C111.a.3.f and not under ECCN 1C608.m.



[[Page 289]]


    Note 3 to 1C608.m: Oxygen difluoride (OF2) is 
controlled under USML Category V.d.10 (see 22 CFR 121.1) and not 
under ECCN 1C608.m.


    Note to 1C608.l and m: If a chemical in ECCN 1C608.l or .m is 
incorporated into a commercial charge or device described in ECCN 
1C608.c through .k or in ECCN 1C992, the classification of the 
commercial charge or device applies to the item.

    n. Any explosives, propellants, oxidizers, pyrotechnics, fuels, 
binders, or additives that are ``specially designed'' for military 
application and not enumerated or otherwise described in USML 
Category V or elsewhere on the USML.
* * * * *

0
30. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1C992 is amended by revising, 
in the List of Items Controlled section, the Related Controls 
paragraphs and Related Definitions paragraphs (1) and (2) to read as 
follows:

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

* * * * *
1C992 Commercial charges and devices containing energetic materials, 
n.e.s., and nitrogen trifluoride in a gaseous state (see List of 
Items Controlled)
* * * * *

List of Items Controlled

Related Controls: (1) Commercial charges and devices containing USML 
controlled energetic materials that exceed the quantities noted or 
that are not covered by this entry are controlled under ECCN 1C608. 
(2) Nitrogen trifluoride when not in a gaseous state is controlled 
under ECCN 1C608.
Related Definitions: (1) Items controlled by this entry ECCN 1C992 
are those materials not controlled by ECCN 1C608 and not ``subject 
to the ITAR'' (see 22 CFR Parts 120 through 130). (2) For purposes 
of this entry, the term ``controlled materials'' means controlled 
energetic materials (see ECCNs 1C011, 1C111, 1C239, and 1C608; see 
also 22 CFR 121.1, Category V). * * *
* * * * *

0
31. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1D018 is amended by revising 
the ECCN heading and by revising the ``Related Controls'' paragraph in 
the List of Items Controlled to read as follows:

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

* * * * *
1D018 ``Software'' specially designed or modified for the 
``development,'' ``production,'' or ``use'' of items controlled by 
1B018.b
* * * * *

List of Items Controlled

Related Controls: See ECCN 1D608 for ``software'' for items 
classified under ECCN 1B608 that, immediately prior to July 1, 2014, 
were classified under 1B018.a.
* * * * *

0
32. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' add ECCNs 1D608 and 1D613 between 
ECCNs 1D390 and 1D993 to read as follows:

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

* * * * *
1D608 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by 1B608 or 1C608

License Requirements

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

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to ``software'' ``specially      MT Column 1
 designed'' for the ``use'' of 1B608
 equipment in the ``production'' and
 handling of materials controlled by
 1C608.m or MT articles in USML Category V.
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 1D608.

List of Items Controlled

Related Controls: (1) Software directly related to articles 
enumerated or otherwise described in USML Categories III, IV or V is 
subject to the controls of those USML Categories, respectively. (2) 
See ECCN 0A919 for foreign-made ``military commodities'' that 
incorporate more than a de minimis amount of U.S.-origin ``600 
series'' items.
Related Definitions: N/A
Items:
    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCN 1B608 or 1C608.
    b. [Reserved]

1D613 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by 1A613 or 1B613, as follows (see List of Items Controlled)

License Requirements

Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry except 1D613.y.  NS Column 1
RS applies to entire entry except 1D613.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 1D613.y  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any ``software'' in 1D613.

List of Items Controlled

Related Controls: (1) ``Software'' directly related to articles 
controlled by USML Category X is subject to the control of USML 
paragraph X(e) of the ITAR. (2) See ECCN 0A919 for foreign-made 
``military commodities'' that incorporate more than a de minimis 
amount of US-origin ``600 series'' controlled content.
Related Definitions: N/A
Items:
    a. ``Software'' (other than ``software'' controlled in paragraph 
.y of this entry) ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCNs 1A613 (except 1A613.y) or 1B613 (except 1B613.y).
    b. to x. [Reserved]
    y. Specific ``software'' ``specially designed'' for the 
``production,'' ``development,'' operation, or maintenance of 
commodities controlled by ECCN 1A613.y.
* * * * *

0
33. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1E001 is amended by revising 
the ECCN heading, by revising the NP controls paragraph in the License 
Requirements section, and by revising the ``Related

[[Page 290]]

Controls'' paragraph in the List of Items Controlled to read as 
follows:

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

* * * * *
1E001 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of items controlled by 
1A001.b, 1A001.c, 1A002, 1A003, 1A004, 1A005, 1A006.b, 1A007, 1A008, 
1A101, 1B (except 1B608, 1B613, or 1B999), or 1C (except 1C355, 
1C608, 1C980 to 1C984, 1C988, 1C990, 1C991, 1C995 to 1C999)

License Requirements

Reason for Control: * * *

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NP applies to ``technology'' for items      NP Column 1
 controlled by 1A002, 1A007, 1B001, 1B101,
 1B201, 1B225 to 1B233, 1C002, 1C010,
 1C111, 1C116, 1C202, 1C210, 1C216, 1C225
 to 1C237, 1C239, or 1C240 for NP reasons.
 
                                * * * * *
 

* * * * *

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

* * * * *

List of Items Controlled

Related Controls: (1) Also see ECCNs 1E101, 1E201, and 1E202. (2) 
See ECCN 1E608 for ``technology'' for items classified under ECCN 
1B608 or 1C608 that, immediately prior to July 1, 2014, were 
classified under ECCN 1B018.a or 1C018.b through .m (note that ECCN 
1E001 controls ``development'' and ``production'' ``technology'' for 
chlorine trifluoride controlled by ECCN 1C111.a.3.f--see ECCN 1E101 
for controls on ``use'' ``technology'' for chlorine trifluoride). 
(3) See ECCN 1E002.g for control libraries (parametric technical 
databases) specially designed or modified to enable equipment to 
perform the functions of equipment controlled under ECCN 1A004.c 
(Nuclear, biological and chemical (NBC) detection systems) or ECCN 
1A004.d (Equipment for detecting or identifying explosives 
residues). (4) ``Technology'' for lithium isotope separation (see 
related ECCN 1B233) and ``technology'' for items described in ECCN 
1C012 are subject to the export licensing authority of the 
Department of Energy (see 10 CFR Part 810). (5) ``Technology'' for 
items described in ECCN 1A102 is ``subject to the ITAR'' (see 22 CFR 
Parts 120 through 130).
* * * * *

0
34. In Supplement No. 1 to Part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1E101 is amended by revising 
the ECCN heading and by revising the License Requirements section to 
read as follows:

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

* * * * *
1E101 ``Technology'', in accordance with the General Technology 
Note, for the ``use'' of commodities and ``software'' controlled by 
1A101, 1A102, 1B001, 1B101, 1B102, 1B115 to 1B119, 1C001, 1C007, 
1C011, 1C101, 1C107, 1C111, 1C116, 1C117, 1C118, 1D001, 1D101, or 
1D103

License Requirements

Reason for Control: MT, NP, AT

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
MT applies to ``technology'' for            MT Column 1
 commodities and software controlled by
 1A101, 1A102, 1B001, 1B101, 1B102, 1B115
 to 1B119, 1C001, 1C007, 1C011, 1C101,
 1C107, 1C111, 1C116, 1C117, 1C118, 1D001,
 1D101, or 1D103 for MT reasons.
NP applies to ``technology'' for items      NP Column 1
 controlled by 1B001, 1B101, 1C111, 1C116,
 1D001, or 1D101 for NP reasons.
AT applies to entire entry................  AT Column 1
 

* * * * *

0
35. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' ECCN 1E201 is amended by revising 
the ECCN heading to read as follows:

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

* * * * *
1E201 ``Technology'' according to the General Technology Note for 
the ``use'' of items controlled by 1A002, 1A007, 1A202, 1A225 to 
1A227, 1B201, 1B225 to 1B232, 1B233.b, 1C002.b.3 and b.4, 1C010.a, 
1C010.b, 1C010.e.1, 1C202, 1C210, 1C216, 1C225 to 1C237, 1C239, 
1C240 or 1D201
* * * * *

0
36. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 1--Special Materials and Related Equipment, Chemicals, 
``Microorganisms,'' and ``Toxins,'' add ECCNs 1E608 and 1E613 between 
ECCNs 1E355 and 1E994 to read as follows:

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

* * * * *
1E608 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of equipment controlled in 1B608 or 
materials controlled by 1C608

License Requirements

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

 
                                              Country Chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to ``technology'' ``required''   MT Column 1
 for 1C608.m.
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in 1E608.

List of Items Controlled

Related Controls: (1) Technical data directly related to articles 
enumerated or otherwise described in USML Categories III, IV, or V 
are subject to the controls of those USML Categories, respectively.
(2) ``Technology'' for chlorine trifluoride is controlled under ECCN 
1E001 (``development'' and ``production'') and ECCN 1E101 (``use'').
Related Definitions: N/A
Items:
    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of equipment controlled by ECCN 1B608 or 
materials controlled by ECCN 1C608.
    b. ``Technology'' ``required'' for the ``development'' or 
``production'' of nitrocellulose with nitrogen content over 12.6% 
and at rates greater than 2000 pounds per hour.
    c. ``Technology'' ``required'' for the ``development'' or 
``production'' of nitrate esters (e.g., nitroglycerine) at rates 
greater than 2000 pounds per hour.

[[Page 291]]

1E613 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities controlled by 1A613 or 
1B613 or ``software'' controlled by 1D613, as follows (see list of 
items controlled).

License Requirements

    Reason for Control: NS, RS, AT, UN

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry except 1E613.y.  NS Column 1
RS applies to entire entry except 1E613.y.  RS Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry, except 1E613.y  See Sec.   746.1(b) for UN
                                             controls
 

List Based License Exceptions (See Part 740 for a description of all 
license exceptions)

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any ``technology'' in 1E613.

List of Items Controlled

Related Controls: Technical data directly related to articles 
controlled by USML Category X are subject to the control of USML 
paragraph X(e) of the ITAR.
Related Definitions: N/A
Items:
    a. ``Technology'' (other than ``technology'' controlled by 
paragraph .y of this entry) ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities or ``software'' controlled 
by ECCNs 1A613 (except 1A613.y), 1B613 or 1D613 (except 1D613.y).
    b. through x. [Reserved]
    y. Specific ``technology'' ``required'' for the ``production,'' 
``development,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities or software controlled by 
ECCN 1A613.y or 1D613.y.


0
37. In Supplement No. 1 to part 774--the Commerce Control List, 
Category 3--Electronics, ECCN 3A232 is amended by revising paragraph 
(1) in the Related Controls in the List of Items Controlled section to 
read as follows:

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

* * * * *
3A232 Detonators and multipoint initiation systems, as follows (see 
List of Items Controlled)
* * * * *

List of Items Controlled

Related Controls: (1) See ECCNs 0A604 and 1A007 for electrically 
driven explosive detonators. * * *
* * * * *

0
38. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, add ECCN 9A604 between ECCNs 
9A120 and 9A610 to read as follows:

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

* * * * *
9A604 Commodities related to launch vehicles, missiles, and rockets 
(see List of Items Controlled)

License Requirements

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

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to 9A604.a, .c, and .d.........  MT Column 1
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

LVS: N/A
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 9A604.

List of Items Controlled

Related Controls: (1) Launch vehicles, missiles, and rockets are 
subject to the ITAR (see 22 CFR Sec.  121.1, USML Category IV). (2) 
See ECCN 0A919 for foreign-made ``military commodities'' that 
incorporate more than a de minimis amount of U.S.-origin ``600 
series'' controlled content.
Related Definitions: N/A
Items:
    a. Thermal batteries ``specially designed'' for systems 
controlled under USML Category IV capable of a range equal to or 
greater than 300 km.
    b. Thermal batteries, except for thermal batteries controlled by 
9A604.a, that are ``specially designed'' for systems controlled 
under USML Category IV.
    c. ``Components'' ``specially designed'' for ramjet, scramjet, 
pulse jet, or combined cycle engines controlled under USML Category 
IV, including devices to regulate combustion in such commodities.
    d. ``Components'' ``specially designed'' for hybrid rocket 
motors controlled under USML Category IV usable in rockets, 
missiles, or unmanned aerial vehicles capable of a range equal to or 
greater than 300 km.
    e. ``Components'' ``specially designed'' for pressure gain 
combustion-based propulsion systems controlled under USML Category 
IV.
    f. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
subject to control in paragraphs .a through .d of this ECCN, or a 
defense article controlled under USML Category IV, and not specified 
elsewhere on the USML.

    Note 1 to 9A604.x: Forgings, castings, and other unfinished 
products, such as extrusions and machined bodies, that have reached 
a stage in manufacturing where they are clearly identifiable by 
mechanical properties, material composition, geometry, or function 
as commodities controlled by ECCN 9A604.x, are controlled by ECCN 
9A604.x.


    Note 2 to 9A604.x: ``Parts,'' ``components,'' ``accessories,'' 
and ``attachments'' specified in USML Category IV(h) are subject to 
the controls of that paragraph.

* * * * *

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

0
39. In Supplement No. 1 to part 774 (the Commerce Control List) 
Category 9, ECCN 9A610, remove and reserve paragraph .t in the Items 
paragraph of the List of Items Controlled Section.
0
40. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9B115 is amended by revising 
the heading of the ECCN and by revising the ``Related Controls'' 
paragraph in the List of Items Controlled to read as follows:

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

* * * * *
9B115 ``Specially designed'' production ``equipment'' for systems, 
sub-systems and ``components'' controlled by ECCN 9A101 or by USML 
Category IV(d)(2), (d)(3), (d)(4), or (h)(17)
* * * * *

List of Items Controlled

Related Controls: (1) Although items described in USML Category 
IV(d)(2), (d)(3), (d)(4), or (h)(17) are ``subject to the ITAR'' 
(see 22 CFR parts 120 through 130), the production ``equipment'' 
controlled in this entry that is related to these items is subject 
to the export licensing authority of BIS. (2) ``Specially designed'' 
production ``equipment'' for systems, sub-systems, and 
``components'' described in USML Category IV(d)(1), (d)(7), (h)(1), 
(h)(4), (h)(6), (h)(7), (h)(8), (h)(9), (h)(11), (h)(20), (h)(21), 
(h)(26), or (h)(28) are controlled by ECCN 9B604. (3) See ECCN 0A919 
for foreign-made ``military commodities'' that incorporate more than 
a de minimis amount of US-origin ``600 series'' controlled content.
* * * * *

0
41. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category

[[Page 292]]

9--Aerospace and Propulsion, ECCN 9B116 is amended by revising the 
heading of the ECCN and by revising the ``Related Controls'' paragraph 
in the List of Items Controlled to read as follows:

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

* * * * *
9B116 ``Specially designed'' ``production facilities'' for systems, 
sub-systems, and ``components'' controlled by ECCN 9A012 (applies to 
MT-controlled items only) or 9A101 or by USML Category IV(d)(2), 
(d)(3), (d)(4), or (h)(17)
* * * * *

List of Items Controlled

Related Controls: (1) Although items described in USML Category 
IV(d)(2), (d)(3), (d)(4), or (h)(17) are ``subject to the ITAR'' 
(see 22 CFR parts 120 through 130), the ``production facilities'' 
controlled in this entry that are related to these items are subject 
to the export licensing authority of BIS.
(2) ``Specially designed'' ``production facilities'' for systems, 
sub-systems, and ``components'' described in USML Category IV(d)(1), 
(d)(7), (h)(1), (h)(4), (h)(6), (h)(7), (h)(8), (h)(9), (h)(11), 
(h)(20), (h)(21), (h)(26), or (h)(28) are controlled by ECCN 9B604. 
(3) See ECCN 0A919 for foreign-made ``military commodities'' that 
incorporate more than a de minimis amount of US-origin ``600 
series'' controlled content.
* * * * *

0
42. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, add ECCN 9B604 between ECCNs 
9B117 and 9B610 to read as follows:

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

* * * * *
9B604 Test, inspection, and production ``equipment'' and related 
commodities ``specially designed'' for the ``development,'' 
``production,'' repair, overhaul, or refurbishing of commodities in 
ECCN 9A604 or related defense articles in USML Category IV (see List 
of Items Controlled)

License Requirements

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

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to 9B604.a and .b and to         MT Column 1
 9B604.d ``specially designed''
 ``production facilities'' or production
 ``equipment'' for defense articles
 identified as MTCR Annex items in USML
 Category IV(d)(1), (h)(1), (h)(4),
 (h)(6), (h)(7), (h)(8), (h)(9), (h)(11),
 (h)(20), (h)(21), or (h)(26).
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

LVS: $1,500
GBS: N/A
CIV: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 9B604.

List of Items Controlled

Related Controls: (1) ``Production facilities'' for the 
``production'' or ``development'' of commodities enumerated or 
otherwise described in ECCN 9A012 or 9A101 or in USML Category 
IV(d)(2), (d)(3), (d)(4), or (h)(17) are controlled by ECCN 9B116. 
(2) Test, inspection, and other production ``equipment'' ``specially 
designed'' for the ``production'' or ``development'' of commodities 
enumerated or otherwise described in ECCN 9A101 or in USML Category 
IV(d)(2), (d)(3), (d)(4), or (h)(17) are controlled by ECCN 9B115. 
(3) See ECCN 0A919 for foreign-made ``military commodities'' that 
incorporate more than a de minimis amount of US-origin ``600 
series'' controlled content.
Related Definitions: N/A
Items:
    a. ``Production facilities'' ``specially designed'' for items 
that are controlled by USML Category IV(a)(1) or (a)(2).
    b. Test, calibration, and alignment equipment ``specially 
designed'' for items that are controlled by USML Category IV(h)(28).
    c. Test, inspection, and other production ``equipment'' that is 
``specially designed'' for the ``development,'' ``production,'' 
repair, overhaul, or refurbishing of commodities described in ECCN 
9A604, or defense articles controlled under USML Category IV, and 
not specified in ECCN 0B604.a or in ECCN 9B604.a, .b, or .d.
    d. ``Specially designed'' ``production facilities'' or 
production ``equipment'' for systems, sub-systems, and 
``components'' controlled by USML Category IV(d)(1), (d)(7), (h)(1), 
(h)(4), (h)(6), (h)(7), (h)(8), (h)(9), (h)(11), (h)(20), (h)(21), 
(h)(26), or (h)(28).
    e. through w. [Reserved]
    x. ``Parts,'' ``components,'' ``accessories,'' and 
``attachments'' that are ``specially designed'' for a commodity 
subject to control in paragraph .a or .b of this ECCN.
* * * * *
    43. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9D001 is amended by revising 
the ECCN heading, by revising the MT controls paragraph in the License 
Requirements section, and by revising the Related Controls paragraph in 
the List of Items Controlled to read as follows:

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

* * * * *
9D001 ``Software'' ``specially designed'' or modified for the 
``development'' of equipment or ``technology'' controlled by ECCN 
9A001 to 9A004 (except for items in 9A004 that are subject to the 
ITAR, see 22 CFR part 121), 9A012, 9A101 (except for items in 
9A101.b that are subject to the ITAR, see 22 CFR part 121), 9A106.d. 
or .e, 9A110, or 9A120, 9B (except for ECCNs 9B604, 9B610, 9B619, 
9B990, and 9B991), or ECCN 9E003

License Requirements

Reason for Control: * * *

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
 
                                * * * * *
MT applies to ``software'' for equipment    MT Column 1
 controlled by 9B116 for MT reasons.
 
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: ``Software'' that is ``required'' for the 
``development'' of items specified in ECCNs 9A004 (except for items 
that are subject to the EAR), 9A005 to 9A011, 9A101.b (except for 
items that are subject to the EAR), 9A103 to 9A105, 9A106.a, .b, and 
.c, 9A107 to 9A109, 9A110 (for items that are ``specially designed'' 
for use in missile systems and subsystems), and 9A111 to 9A119 is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
44. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9D002 is amended by revising 
the ECCN heading, by revising the NS controls paragraph in the License 
Requirements section, and by revising the Related Controls paragraph in 
the List of Items Controlled to read as follows:

[[Page 293]]

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

* * * * *
9D002 ``Software'' ``specially designed'' or modified for the 
``production'' of equipment controlled by ECCN 9A001 to 9A004 
(except for items in 9A004 that are subject to the ITAR, see 22 CFR 
part 121), 9A012, 9A101 (except for items in 9A101.b that are 
subject to the ITAR, see 22 CFR part 121), 9A106.d or .e, 9A110, or 
9A120, 9B (except for ECCNs 9B604, 9B610, 9B619, 9B990, and 9B991)

License Requirements

Reason for Control: * * *

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to ``software'' for equipment    NS Column 1
 controlled by 9A001 to 9A003, 9A012, and
 9B001 to 9B010.
 
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: ``Software'' that is ``required'' for the 
``production'' of items specified in ECCNs 9A004 (except for items 
that are subject to the EAR), 9A005 to 9A011, 9A101.b (except for 
items that are subject to the EAR), 9A103 to 9A105, 9A106.a, .b, and 
.c, 9A107 to 9A109, 9A110 (for items that are ``specially designed'' 
for use in missile systems and subsystems), and 9A111 to 9A119 is 
``subject to the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
45. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9D003 is amended by revising 
the ECCN heading and by revising the Related Controls paragraph in the 
List of Items Controlled to read as follows:

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

* * * * *
9D003 ``Software'' incorporating ``technology'' specified by ECCN 
9E003.h and used in ``FADEC Systems'' for propulsion systems 
controlled by ECCN 9A001 to 9A004 (except for items in 9A004 that 
are subject to the ITAR, see 22 CFR part 121), 9A101 (except for 
items in 9A101.b that are subject to the ITAR, see 22 CFR part 121), 
9A106.d or .e, or 9B (except for ECCNs 9B604, 9B610, 9B619, 9B990, 
and 9B991)
* * * * *

List of Items Controlled

Related Controls: (1) See also 9D103. (2) ``Software'' ``required'' 
for the ``use'' of equipment specified in ECCNs 9A004 (except for 
items that are subject to the EAR), 9A005 to 9A011, 9A101.b (except 
for items that are subject to the EAR), 9A103 to 9A105, 9A106.a, .b, 
and .c, 9A107 to 9A109, 9A110 (for items that are ``specially 
designed'' for use in missile systems and subsystems), and 9A111 to 
9A119 is ``subject to the ITAR'' (see 22 CFR parts 120 through 130).
(3) ``Software'' directly related to defense articles that are 
``subject to the ITAR'' (see 22 CFR parts 120 through 130) is also 
``subject to the ITAR'' (see 22 CRR parts 120 through 130).
* * * * *
0
46. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9D104 is amended by revising 
the heading of the ECCN and by revising the Related Controls paragraph 
in the List of Items Controlled to read as follows:

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

* * * * *
9D104 ``Software'' specially designed or modified for the ``use'' of 
equipment controlled by ECCN 9A001, 9A012 (for MT controlled items 
only), 9A101 (except for items in 9A101.b that are subject to the 
ITAR, see 22 CFR part 121), or 9A106.d
* * * * *

List of Items Controlled

Related Controls: ``Software'' for commodities specified in ECCNs 
9A005 to 9A011, 9A103 to 9A105, 9A101.b (except for items that are 
subject to the EAR), 9A106.a, .b, and .c, 9A107 to 9A109, 9A111, 
9A115 to 9A118 is ``subject to the ITAR'' (see 22 CFR parts 120 
through 130).
* * * * *

0
47. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, add ECCN 9D604 between ECCNs 
9D105 and 9D610 to read as follows:

9D604 ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation, or maintenance of commodities controlled 
by ECCN 9A604 or 9B604

License Requirements

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

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to ``software,'' as described    MT Column 1
 in paragraph .a of this entry, for
 commodities controlled for MT reasons in
 ECCN 9A604.c or .d, or ECCN 9B604.
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 9D604.

List of Items Controlled

Related Controls: (1) Software directly related to articles 
enumerated or otherwise described in USML Category IV is controlled 
under USML Category IV(i). (2) See also ECCNs 9D101 and 9D104 for 
controls on ``software'' for the ``use'' of missiles and related 
commodities. (3) See ECCN 0A919 for foreign-made ``military 
commodities'' that incorporate more than a de minimis amount of 
U.S.-origin ``600 series'' controlled content.
Related Definitions: N/A
Items
    a. ``Software'' ``specially designed'' for the ``development,'' 
``production,'' operation or maintenance of commodities controlled 
by ECCN 9A604 or ECCN 9B604.
    b. [Reserved]

0
48. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9E001 is amended by revising 
the ECCN heading, by revising the MT controls paragraph in the License 
Requirements section, and by revising the Related Controls paragraphs 
in the List of Items Controlled to read as follows:

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

9E001 ``Technology'' according to the General Technology Note for 
the ``development'' of equipment or ``software'', controlled by ECCN 
9A001.b, 9A004 (except for items in 9A004 that are subject to the 
ITAR, see 22 CFR part 121), or 9A012, 9B (except for ECCNs 9B604, 
9B610, 9B619, 9B990, and 9B991), or ECCN 9D001 to 9D004, 9D101, or 
9D104

License Requirements

Reason for Control:

[[Page 294]]



 
                                            Country chart (See Supp. No.
                Control(s)                         1  to part 738)
 
 
                                * * * * *
MT applies to ``technology'' for            MT Column 1
 commodities controlled by 9A012, 9B001,
 9B002, 9B003, 9B004, 9B005, 9B007, 9B105,
 9B106, 9B115, 9B116, 9B117, 9D001, 9D002,
 9D003, or 9D004 for MT reasons.
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: (1) See also 9E101 and 1E002.f (for controls on 
``technology'' for the repair of controlled structures, laminates or 
materials). (2) ``Technology'' required for the ``development'' of 
equipment described in ECCNs 9A004 (except for items that are 
subject to the EAR), 9A005 to 9A011 or ``software'' described in 
ECCNs 9D103 and 9D105 is ``subject to the ITAR'' (see 22 CFR parts 
120 through 130).
* * * * *

0
49. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9E002 is amended by revising 
the ECCN heading, by revising the MT controls paragraph in the License 
Requirements section, and by revising the Related Controls paragraph in 
the List of Items Controlled section to read as follows:

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

9E002 ``Technology'' according to the General Technology Note for 
the ``production'' of ``equipment'' controlled by ECCN 9A001.b, 
9A004 (except for items in 9A004 that are subject to the ITAR, see 
22 CFR part 121) or 9B (except for ECCNs 9B117, 9B604, 9B610, 9B619, 
9B990, and 9B991).

License Requirements

Reason for Control:

 
                                            Country chart (See Supp. No.
                Control(s)                         1  to part 738)
 
 
                                * * * * *
MT applies to ``technology'' for equipment  MT Column 1
 controlled by 9B001, 9B002, 9B003, 9B004,
 9B005, 9B007, 9B105, 9B106, 9B115, or
 9B116 for MT reasons.
 
                                * * * * *
 

* * * * *

List of Items Controlled

Related Controls: (1) See also 9E102. (2) See also 1E002.f for 
``technology'' for the repair of controlled structures, laminates or 
materials. (3) ``Technology'' that is required for the 
``production'' of equipment described in ECCNs 9A004 (except for 
items that are subject to the EAR) or 9A005 to 9A011 is ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130).
* * * * *

0
50. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9E101 is amended by revising 
the heading of the ECCN and by revising the ``Related Controls'' 
paragraph in the List of Items Controlled to read as follows:

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

* * * * *
9E101 ``Technology'' according to the General Technology Note for 
the ``development'' or ``production'' of commodities or ``software'' 
controlled by ECCN 9A012 (applies only to ``production'' 
``technology'' for MT-controlled items in 9A012), 9A101 (except for 
items in 9A101.b that are subject to the ITAR, see 22 CFR part 121), 
9A106.d or .e, 9A110 (for items that are ``specially designed'' for 
non-military unmanned air vehicles controlled by 9A012), 9C110, 
9D101, or 9D104
* * * * *

List of Items Controlled

Related Controls: ``Technology'' that is required for items 
specified in ECCNs 9A101.b (except for items that are subject to the 
EAR), 9A104, 9A105, 9A106.a, .b, and .c, 9A107 to 9A109, 9A110 (for 
items that are ``specially designed'' for use in missile systems and 
subsystems), 9A111, 9A115 to 9A119, 9D103, and 9D105 is ``subject to 
the ITAR'' (see 22 CFR parts 120 through 130).
0
51. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, ECCN 9E102 is amended by revising 
the heading of the ECCN and by revising the ``Related Controls'' 
paragraph in the List of Items Controlled to read as follows:

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

9E102 ``Technology'' according to the General Technology Note for the 
``use'' of commodities or ``software'' controlled by ECCN 9A004 (except 
for items in 9A004 that are subject to the ITAR, see 22 CFR part 121), 
9A012, 9A101 (except for items in 9A101.b that are subject to the ITAR, 
see 22 CFR part 121), 9A106.d or .e, 9A110 (for items that are 
``specially designed'' for non-military unmanned air vehicles 
controlled by 9A012), 9B105, 9B106, 9B115, 9B116, 9D101, or 9D104

* * * * *

List of Items Controlled

Related Controls: (1) For the purpose of this entry, ``use'' 
``technology'' is limited to items controlled for MT and their 
subsystems. (2) ``Technology'' for items specified in ECCNs 9A004 
(except for items that are subject to the EAR), 9A005 to 9A011, 
9A101.b (except for items that are subject to the EAR), 9A104, 
9A105, 9A106.a, .b and .c, 9A107 to 9A109, 9A110 (for items that are 
``specially designed'' for use in missile systems and subsystems), 
9A111, 9A115 to 9A119, 9D103, and 9D105 is subject to the ITAR (see 
22 CFR part 121).
* * * * *

0
52. In Supplement No. 1 to part 774 (the Commerce Control List), 
Category 9--Aerospace and Propulsion, add ECCN 9E604 between ECCNs 
9E102 and 9E990 to read as follows:

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

* * * * *
9E604 ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities controlled by ECCN 9A604 or 
9B604, or ``software'' controlled by ECCN 9D604

License Requirements

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

 
                                              Country chart  (See Supp.
                Control(s)                       No. 1  to part 738)
 
NS applies to entire entry................  NS Column 1
RS applies to entire entry................  RS Column 1
MT applies to ``technology,'' as described  MT Column 1
 in paragraph .a of this entry, for
 commodities and ``software'' controlled
 for MT reasons in ECCN 9A604, 9B604 or
 9D604.
AT applies to entire entry................  AT Column 1
UN applies to entire entry................  See Sec.   746.1(b) for UN
                                             controls
 


[[Page 295]]

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

CIV: N/A
TSR: N/A

Special Conditions for STA

STA: Paragraph (c)(2) of License Exception STA (Sec.  740.20(c)(2) 
of the EAR) may not be used for any item in this ECCN 9E604.

List of Items Controlled

Related Controls: (1) Technical data directly related to articles 
enumerated or otherwise described in USML Category IV is controlled 
under USML Category IV(i). (2) See also ECCNs 9E002, 9E101, and 
9E102 for controls on ``technology'' for the ``development,'' 
``production,'' and ``use'' of missiles and related items controlled 
on the CCL.
Related Definitions: N/A
Items:
    a. ``Technology'' ``required'' for the ``development,'' 
``production,'' operation, installation, maintenance, repair, 
overhaul, or refurbishing of commodities controlled by ECCN 9A604 or 
9B604, or ``software'' controlled by ECCN 9D604.
    b. [Reserved]


    Dated: December 26, 2013.
Kevin J. Wolf,
Assistant Secretary for Export Administration.
[FR Doc. 2013-31322 Filed 12-31-13; 8:45 am]
BILLING CODE 3510-33-P