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Paragraph 6002 Class E Airspace DEPARTMENT OF COMMERCE a contribution to delivery systems (other Designated as Surface Areas. than manned aircraft) for such weapons. * * * * * Bureau of Industry and Security In 1993, the MTCR’s original focus on missiles for nuclear weapons delivery AWP CA E2 Arcata, CA [Modified] 15 CFR Parts 742, 744, 772, and 774 was expanded to include the Arcata Airport, CA proliferation of missiles for the delivery ° ′ ″ ° ′ ″ (Lat. 40 58 40 N., long. 124 06 31 W.) [Docket No. 170202139–7139–01] of all types of weapons of mass That airspace within a 4.1-mile radius of RIN 0694–AH33 destruction (WMD), i.e., nuclear, Arcata Airport. chemical and biological weapons. Such Paragraph 6004 Class E Airspace Revisions to the Export Administration proliferation has been identified as a Designated as an Extension to a Class D or Regulations Based on the 2016 Missile threat to international peace and Class E Surface Area. Technology Control Regime Plenary security. One way to address this threat * * * * * Agreements is to maintain vigilance over the transfer of missile equipment, material, and AGENCY: AWP CA E4 Arcata, CA [New] Bureau of Industry and related technologies usable for systems Arcata Airport, CA Security, Commerce. capable of delivering WMD. MTCR (Lat. 40°58′40″ N., long. 124°06′31″ W.) ACTION: Final rule. members voluntarily pledge to adopt the That airspace extending upward from the Regime’s export Guidelines and to SUMMARY: surface within 2.9 miles each side of the 153° The Bureau of Industry and restrict the export of items contained in bearing from Arcata Airport extending from Security (BIS) is amending the Export the Regime’s Annex. The Regime’s the 4.1-mile radius to 10.5 miles southeast of Administration Regulations (EAR) to Guidelines are implemented through the the airport. reflect changes to the Missile national export control laws, regulations Paragraph 6005 Class E Airspace Areas Technology Control Regime (MTCR) and policies of the regime members. Extending Upward From 700 Feet or More Annex that were agreed to by MTCR Above the Surface of the Earth. member countries at the October 2016 Amendments to the Export * * * * * Plenary in Busan, South Korea, and the Administration Regulations (EAR) March 2016 Technical Experts Meeting This final rule revises the Export AWP CA E5 Arcata, CA [Modified] (TEM) in Luxembourg City, Administration Regulations (EAR) to Arcata Airport, CA Luxembourg. This final rule revises ° ′ ″ ° ′ ″ reflect changes to the MTCR Annex (Lat. 40 58 40 N., long. 124 06 31 W.) thirteen Export Control Classification agreed to at the October 2016 Plenary in That airspace extending upward from 700 Numbers (ECCNs), adds one ECCN, Busan, South Korea, and changes feet above the surface within a 7-mile radius revises two EAR defined terms resulting from the March 2016 of the Arcata Airport, and within 2.1 miles ° (including making other EAR Technical Experts Meeting (TEM) in each side of the 153 bearing from the airport conforming changes for the use of these extending from the 7-mile radius to 14.1 Luxembourg City, Luxembourg. miles southeast of the airport. two terms) and makes conforming EAR References are provided below for the changes where needed to implement the MTCR Annex changes agreed to at the * * * * * changes that were agreed to at the meetings that correspond to the EAR AWP CA E5 Eureka, CA [New] meetings and to better align the missile revisions described below. This rule Murray Field Airport, CA technology (MT) controls on the also makes changes to the Commerce (Lat. 40°48′12″ N., long. 124°06′46″ W.) Commerce Control List (CCL) with the Control List (CCL) (Supplement No. 1 to That airspace extending upward from 700 MTCR Annex. Part 774 of the EAR) and to other EAR feet above the surface within a 6.3-mile DATES: This rule is effective July 7, provisions in order to conform with the radius of Murray Field Airport, and within 2017. MTCR Annex. All of the changes in this 6.3 miles east of the Murray Field Airport final rule align the MT controls on the FOR FURTHER INFORMATION CONTACT: 217° bearing extending from the 6.3-mile CCL and other parts of the EAR with the Sharon Bragonje, Nuclear and Missile radius to 23 miles southwest of the airport. MTCR Annex. In the discussion below, Technology Controls Division, Bureau * * * * * BIS identifies the origin of each change of Industry and Security, Phone: (202) in the regulatory text of this final rule AWP CA E5 Fortuna, CA [Modified] 482–0434; Email: sharon.bragonje@ by using one the following parenthetical Rohnerville Airport, CA bis.doc.gov. (Lat. 40°33′14″ N., long. 124°07′58″ W.) phrases: (Busan 2016 Plenary), SUPPLEMENTARY INFORMATION: (Luxembourg 2016 TEM), or That airspace extending upward from 700 feet above the surface within a 2.7 mile Background (Conforming Change to MTCR Annex). radius of Rohnerville Airport, and within 1.8 § 742.5 (Missile technology). In § 742.5 miles each side of the 326° bearing from the The Missile Technology Control (Missile technology), this final rule airport extending from the 2.7 mile radius to Regime (MTCR or Regime) is an export revises the first sentence of paragraph 7 miles northwest of the airport, and within control arrangement among 35 nations, (a)(2), which describes the definition of 1.1-miles each side of the 307° bearing from including most of the world’s suppliers ‘‘missiles.’’ The term ‘‘missiles’’ is a the airport extending from the 2.7 mile radius of advanced missiles and missile-related defined term in § 772.1, but for ease of to 5.2 miles west of the airport, and within equipment, materials, software and ° reference the first sentence of this 1.1-miles each side of the 113 bearing from technology. The regime establishes a paragraph (a)(2) restates the definition. the airport extending from the 2.7 mile radius common list of controlled items (the to 6.1 miles southeast of the airport. As described in the paragraphs below, Annex) and a common export control this final rule revises the definitions of Issued in Seattle, Washington, on June 28, policy (the Guidelines) that member ‘‘missiles’’ and ‘‘unmanned aerial 2017. countries implement in accordance with vehicles’’ in § 772.1 of the EAR, so Sam S.L. Shrimpton, their national export controls. The conforming changes are needed in Acting Group Manager, Operations Support MTCR seeks to limit the risk of §§ 742.5 and 744.3, as described below. Group, Western Service Center. proliferation of weapons of mass Conforming Change to § 742.5(a)(2). [FR Doc. 2017–14219 Filed 7–6–17; 8:45 am] destruction by controlling exports of This final rule makes conforming BILLING CODE 4910–13–P goods and technologies that could make changes in paragraph (a)(2) of § 742.5,

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by replacing the term ‘‘ballistic missile expected to have any impact on the updated to reflect changes in the systems’’ with the term ‘‘ballistic number of license applications received description of unmanned aerial vehicles missiles’’ (MTCR Annex Change, by BIS. in the MTCR Annex. The term ‘‘Cruise Category I: Item 1.A.1., Luxembourg Changes and Conforming missile systems’’ has been changed by 2016 TEM), and by replacing the term Amendments in § 772.1 (Definitions of removing the word ‘‘systems,’’ thus ‘‘cruise missile systems’’ with the term Terms as Used in the Export referring only to the flight vehicle. This ‘‘cruise missiles.’’ (MTCR Annex Administration Regulations (EAR)). In change both conforms to the other items Change, Category I: Item 1.A.2., § 772.1, this final rule amends the in the illustrative list of unmanned Luxembourg 2016 TEM). This final rule definition of the term ‘‘missiles.’’ aerial vehicles, and clarifies that an also makes a conforming change by (MTCR Annex Change, Category I: Item unmanned aerial vehicle is covered replacing the term ‘‘unmanned air 1.A.1., Luxembourg 2016 TEM). Under under these entries that use this control vehicles’’ with the term ‘‘unmanned the definition of ‘‘missiles,’’ this final text, regardless of whether or not it is aerial vehicles.’’ (Conforming Change to rule revises the term ‘‘ballistic missile part of a larger system (e.g., a system MTCR Annex). Substantively, there is systems’’ by removing the word including the flight vehicle and ground no difference between the old and ‘‘systems’’ and adding an ‘‘s’’ to support equipment such as launch, revised terms, but this final rule makes ‘‘missile.’’ This final rule revises the recovery, and flight control equipment). these conforming changes to ensure definition of ‘‘missiles’’ to reflect This final rule also makes conforming consistent use of the terminology changes in the description of complete changes to similar text used in ECCNs throughout the EAR. These conforming rocket systems in the MTCR Annex. The 2B018 and 5A101 described below. changes are described in more detail in final rule revises the term ‘‘ballistic These changes correspond with the U.S. the next three paragraphs, describing missile systems’’ by removing the word interpretation of the controls, and will the changes that this final rule makes to ‘‘systems,’’ thus referring only to the not change any scope of control. These the EAR definitions of ‘‘missiles’’ and flight vehicle. This final rule makes this changes are not expected to have any ‘‘unmanned aerial vehicles.’’ change to conform to the other items in impact on the number of license the illustrative list of ‘‘missiles,’’ and to Conforming Change to § 744.3 applications received by BIS. clarify that a missile is covered under (Restrictions on certain rocket systems these entries that use this control text, Amendments to the Commerce Control (including ballistic missile systems and regardless of whether it is part of a List (CCL) space launch vehicles and sounding larger system (e.g., a system including In addition, this final rule amends the rockets) and unmanned air vehicles the flight vehicle and ground support CCL to reflect changes to the MTCR (including cruise missile systems, target equipment such as launch, recovery, Annex by amending thirteen ECCNs and drones and reconnaissance drones) end- and flight control equipment). This final adding new ECCN 9B104, as follows: uses). This final rule makes conforming rule also makes conforming changes to ECCN 1C107. This final rule amends changes in § 744.3 by changing the term the same terms used in ECCNs 2B018 ECCN 1C107 by revising the ‘‘ballistic missile systems’’ to ‘‘ballistic and 5A101, as described below. This introductory text of paragraph d. and missiles’’ (MTCR Annex Change, final rule also makes a conforming adding a paragraph d.3 in the List of Category I: Item 1.A.1., Luxembourg change in the ECCNs for the use of the Items Controlled section. This final rule 2016 TEM), and changing the term term ‘‘unmanned air vehicles,’’ which also adds a Note and a Technical Note ‘‘cruise missile systems’’ to ‘‘cruise this final rule replaces with ‘‘unmanned to ECCN 1C107.d.3 to clarify the scope missiles.’’ (MTCR Annex Change, aerial vehicles.’’ (Conforming Change to of paragraph d.3. (MTCR Annex Change, Category I: Item 1.A.2., Luxembourg MTCR Annex). Substantively, there is Category II: Item 6.C.6., Busan 2016 2016 TEM). These conforming changes no difference between the two Plenary). Specifically, in the are described in more detail in the next formulations of the term, but this final introductory text of ECCN 1C107.d, this two paragraphs describing the changes rule makes these conforming changes to final rule removes the phrase ‘‘silicon that this final rule makes to the EAR ensure consistent use of the terminology carbide materials’’ and adds in its place definitions of ‘‘missiles’’ and throughout the EAR. Lastly, this final the phrase ‘‘high-temperature ‘‘unmanned aerial vehicles.’’ In rule removes the last sentence of the materials.’’ This change is made because addition, this final rule makes definition and adds it as a note to the of the addition of certain bulk conforming changes in § 744.3 by definition. This clarifying change is machinable ceramic composite replacing the term ‘‘unmanned air made because the sentence is more materials that this final rule adds to vehicles’’ with ‘‘unmanned aerial appropriately included as a note to the ECCN 1C107 under new ‘‘items’’ vehicles’’ wherever this term appears in definition. These changes correspond paragraph d.3. Ultra High Temperature this section. (Conforming Change to with the U.S. interpretation of the Ceramic Composites (UHTCC) are MTCR Annex). Substantively, there is controls, and will not change any scope materials that combine Ultra High no difference between the old and of control. These changes are not Temperature Ceramics (UHTC) with revised terms, but this final rule makes expected to have any impact on the fiber reinforcement. The UHTCs can be these conforming changes to ensure number of license applications received used in environments that exhibit consistent use of the terminology by BIS. extremes in temperature, chemical throughout the EAR. Lastly, this final In addition, in § 772.1, this final rule reactivity, and erosive attack. The rule removes the first reference to ‘‘and’’ amends the definition of the revised combination of the UHTC and fiber in the section heading for the term, ‘‘unmanned aerial vehicle.’’ reinforcement can mitigate some of the parenthetical phrase providing an (MTCR Annex Change, Category I: Item traditional drawbacks associated with illustrative list of examples of rocket 1.A.2., Luxembourg 2016 TEM). Under ceramics, including a tendency to systems. This ‘‘and’’ is removed because the definition of ‘‘unmanned aerial fracture. Typical end uses for these it is not needed to convey the meaning vehicle,’’ this final rule revises the term composites are leading edges for of the list of examples of rocket systems. ‘‘cruise missile systems’’ by removing hypersonic vehicles, nose tips for re- These conforming changes are the word ‘‘systems’’ and adding an ‘‘s’’ entry vehicles, rocket motor throat clarifications and will not change any to ‘‘missile.’’ The definition of inserts, jet vanes, and control surfaces, scope of control. These changes are not ‘‘unmanned aerial vehicles’’ has been which this final rule adds as examples

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in the new control text. This final rule will not change any scope of control. (MTCR Annex Change, Category II: Item also adds a note to 1C107.d.3 to make This change is not expected to have any 9.A.6., Luxembourg 2016 TEM). This clear that the UHTC materials that do impact on the number of license final rule makes these changes to not have fiber reinforcement are not applications received by BIS. remove the ambiguous term ‘‘other caught under this control. Additionally, ECCN 2B109. This final rule amends equipment.’’ Instead, the locally defined this final rule adds a technical note to ECCN 2B109 by revising the list of term ‘‘inertial measurement equipment 1C107.d to provide examples of UHTCs examples included in the second or systems’’ that the final rule adds to which are included. This change is technical note. This final rule expands ECCN 7A103, along with an illustrative expected to result in an increase of 1– the list of examples to include list of such equipment and systems, 3 applications received annually by BIS. interstages, because interstages can also clarifies which types of equipment This very small increase is because this be manufactured using the flow forming containing the specified accelerometers material is not widely used or exported, machines described in ECCN 2B109. or gyros are caught by this entry. This but specific to the end uses described in (MTCR Annex Change, Category II: Item final rule also removes the phrase ‘‘and the control text. 3.B.3., Busan 2016 Plenary). This systems incorporating such equipment’’ ECCN 1C111. This final rule amends change is not expected to have any because this phrase has been removed ECCN 1C111 by revising paragraphs b.2 impact on the number of license from the MTCR Annex. The changes in the List of Items Controlled section to applications received by BIS, because this final rule makes to ECCN 7A103 to add a CAS (Chemical Abstract Service) this is only a change to the list of increase the clarity of the control should Number. CAS Numbers are numerical examples of products that can be made make the control more precise and rule identifiers assigned by the Chemical by this type of machine, and it does not out items not strictly used for navigation Abstracts Service (CAS) to every change the scope of control. purposes. This change is expected to chemical substance described in open ECCN 5A101. This final rule amends result in a decrease of 3 to 5 license scientific literature, including organic the heading of ECCN 5A101 by revising applications received annually by BIS. and inorganic compounds, minerals, the term ‘‘ballistic missile systems’’ to Lastly, this final rule updates and isotopes and alloys. The inclusion of remove the word ‘‘systems’’ and add an amends ECCN 7A103 by removing CAS Numbers will make it easier to ‘‘s’’ to ‘‘missile.’’ (MTCR Annex Change, Related Controls paragraph (2), which is identify the materials controlled under Category I: Item 1.A.1., Luxembourg no longer accurate after changes were this ‘‘items’’ paragraph of 1C111. This 2016 TEM). The final rule revises the made to the EAR to correspond with final rule revises paragraph b.2 to add heading by revising the term ‘‘cruise changes made to USML Category XII the CAS Number (CAS 69102–90–5) missile systems’’ to remove the word (especially for unmanned aerial vehicles after the material ‘‘Hydroxy-terminated ‘‘systems’’ and add an ‘‘s’’ after (UAVs) ) that became effective polybutadiene (including hydroxyl- ‘‘missile.’’ (MTCR Annex Change, December 31, 2016 (See October 12, Category I: Item 1.A.2., Luxembourg terminated polybutadiene) (HTPB).’’ 2016, (81 FR 70320) final rule). In 2016 TEM). These are conforming (MTCR Annex Change, Category II: Item addition, this paragraph (2) can be changes for the changes described above 4.C.5.b., Busan 2016 Plenary). This removed because the USML Order of to the definitions of ‘‘missiles’’ and change is not expected to have any Review and CCL Order of Review will ‘‘unmanned aerial vehicles.’’ In impact on the number of license provide sufficient guidance on where addition, this final rule revises the applications received by BIS. items that are subject to the ITAR are ECCN 2B018. This final rule amends heading of ECCN 5A101 to create a classified under the USML and where ECCN 2B018 by revising the ‘‘MT’’ separate parenthetical phrase for the items that are subject to the EAR are paragraph in the table in the License illustrative list of examples that are classified in either the ‘‘600 series’’ or Requirements section by revising the unmanned aerial vehicles. This final term ‘‘ballistic missile systems’’ to rule does this by removing the examples in other ECCNs in Category 7 of the remove the term ‘‘systems’’ and add an of ‘‘cruise missiles, target drones, and CCL. Lastly, as a conforming change to ‘‘s’’ to the term ‘‘missile.’’ (MTCR Annex reconnaissance drones’’ from the list of the removal of paragraph (2), this final Change, Category I: Item 1.A.1., examples that followed the terms rule redesignates Related Controls Luxembourg 2016 TEM). In addition, in ‘‘unmanned aerial vehicle or rocket paragraph (3) as new Related Controls the same ‘‘MT’’ paragraph, this final systems’’ in the heading and adding paragraph (2). rule revises the term ‘‘cruise missile those examples immediately after the ECCNs 9A101, 9E101, and 9E102. systems’’ to remove the term ‘‘systems’’ term unmanned aerial vehicle. This This final rule amends ECCN 9E101 by and add an ‘‘s’’ to the term ‘‘missile.’’ final rule retains the rest of the revising the Related Controls paragraph (MTCR Annex Change, Category I: Item examples from the parenthetical that in the List of Items Controlled section to 1.A.2., Luxembourg 2016 TEM). Lastly, follows the term ‘‘rocket systems,’’ make a conforming change for the use this final rule makes conforming which will make it clearer that this of the term ‘‘unmanned air vehicles,’’ changes in the same ‘‘MT’’ paragraph by parenthetical list is an illustrative list of which this final rule changes to replacing the term ‘‘unmanned air ‘‘rocket systems.’’ (Conforming Change ‘‘unmanned aerial vehicles.’’ In vehicles’’ with ‘‘unmanned aerial to MTCR Annex). These are addition, this final rule amends ECCN vehicles’’ wherever this term appears in clarifications and will not change any 9E101 and 9E102 by revising the this section. (Conforming Change to scope of control. These changes are not headings of these two ECCNs to make MTCR Annex). Substantively, there is expected to have any impact on the conforming changes for the use of the no difference between the old and number of license applications received term ‘‘unmanned air vehicles,’’ which revised terms, but this final rule makes by BIS. this final rule changes to ‘‘unmanned these conforming changes to ensure ECCN 7A103. This final rule amends aerial vehicles.’’ Substantively, there is consistent use of the terminology ECCN 7A103 by adding a definition for not a difference in the two formulations throughout the EAR. These are ‘‘inertial measurement equipment and of the term, but for consistency with conforming changes for the changes systems’’ for purposes of ECCN 7A103. how the term is used in other parts of described above to the definitions of In addition, this final rule revises the EAR, this final rule makes these ‘‘missiles’’ and ‘‘unmanned aerial ‘‘items’’ paragraph a and adds Note 3 in conforming changes. (Conforming vehicles.’’ This is a clarification and the List of Items Controlled section. Change to MTCR Annex). This is a

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clarification and will not change any includes specific software for the designated a ‘‘significant regulatory scope of control. These changes are not conversion of manned aircraft to an action,’’ although not economically expected to have any impact on the unmanned aerial vehicle. (MTCR Annex significant, under section 3(f) of number of license applications received Change, Category II: Item 1.D.2., Executive Order 12866. The MTCR was by BIS. Luxembourg 2016 TEM). This change is formed in 1987 by the U.S. and G–7 New ECCN 9B104 and Related expected to result in an increase of 1 to countries (Canada, France, Germany, Conforming Amendments to 9D101, 2 applications received annually by BIS, Italy, Japan, and the UK) to address the 9E001, and 9E002. This final rule adds because, although this software was increasing proliferation of nuclear new ECCN 9B104 to control certain already controlled here, the note will weapons by addressing the most aerothermodynamic test facilities. The clarify the scope of ECCN 9D104. destabilizing delivery system for such facilities controlled under this new weapons. The MTCR seeks to limit the Savings Clause ECCN 9B104 are those that are usable risk of proliferation of weapons of mass for rockets, missiles, or unmanned aerial Shipments of items removed from destruction by controlling exports of vehicles capable of achieving a ‘‘range’’ eligibility for a License Exception or goods and technologies that could make equal to or greater than 300 km and export or reexport without a license a contribution to delivery systems (other their subsystems, and having an (NLR) as a result of this regulatory than manned aircraft) for such weapons. electrical power supply equal to or action that were on dock for loading, on The proliferation of such weapons has greater than 5 MW or a gas supply total lighter, laden aboard an exporting or been identified as a threat to domestic pressure equal to or greater than 3 MPa. reexporting carrier, or enroute aboard a and international peace and security. This final rule adds this new ECCN carrier to a port of export or reexport, on Commerce estimates this rule will 9B104 to complement the controls that July 7, 2017, pursuant to actual orders increase the number of license requests already exist for aerodynamic test for export or reexport to a foreign by fewer than four annually. facilities in order to fully cover the destination, may proceed to that This rule does not contain policies types of ground test facilities necessary destination under the previous with Federalism implications as that to reproduce the flight environments eligibility for a License Exception or term is defined under E.O. 13132. that occur during the reentry phase. export or reexport without a license For the purposes of E.O. 13771, this Plasma arc jet and plasma wind tunnel (NLR) so long as they are exported or rule is issued with respect to a national facilities simulate the atmospheric reexported before August 7, 2017. Any security function of the United States. reentry thermal effects due to high such items not actually exported or The cost-benefit analysis indicates the velocity around the vehicles and are key reexported before midnight, on August rule is intended to improve national to the qualification of vehicle thermal 7, 2017, require a license in accordance security as its primary direct benefit, protection subsystems. This final rule with this rule. and the regulation qualifies for a good includes values for electrical power cause exception under 5 U.S.C. Export Administration Act of 1979 supply and gas supply total pressure in 553(b)(B). Accordingly, this rule meets new ECCN 9B104 to exclude Although the Export Administration the requirements set forth in the April commercial systems of a similar nature Act of 1979 expired on August 20, 2001, 5, 2017, OMB guidance implementing from this new ECCN. the President, through Executive Order E.O 13771, and is, therefore, exempt In addition, this final rule adds a 13222 of August 17, 2001, 3 CFR, 2001 from the requirements of E.O. 13771. Related Definition as part of new ECCN Comp., p. 783 (2002), as amended by Paperwork Reduction Act 9B104 to define the term Executive Order 13637 of March 8, Requirements ‘‘aerothermodynamic test facilities’’. 2013, 78 FR 16129 (March 13, 2013) and This definition specifies that these as extended by the Notice of August 4, Notwithstanding any other provision facilities include plasma arc jet facilities 2016, 81 FR 52587 (August 8, 2016), has of law, no person may be required to and plasma wind tunnels for the study continued the Export Administration respond to or be subject to a penalty for of thermal and mechanical effects of Regulations in effect under the failure to comply with a collection of airflow on objects. (MTCR Annex International Emergency Economic information, subject to the requirements Change, Category II: Item 15.B.6., Powers Act. BIS continues to carry out of the Paperwork Reduction Act of 1995 Luxembourg 2016 TEM). As a the provisions of the Export (44 U.S.C. 3501 et seq.) (PRA), unless conforming change to the addition of Administration Act of 1979, as that collection of information displays a ECCN 9B104, this final rule adds 9B104 appropriate and to the extent permitted currently valid Office of Management to the heading of ECCN 9D101 and by law, pursuant to Executive Order and Budget (OMB) Control Number. revises the ‘‘MT’’ paragraph in the table 13222, as amended by Executive Order This regulation involves a collection in the License Requirements section of 13637. currently approved by OMB under ECCNs 9E001 and 9E002 to add 9B104. control number 0694–0088, Simplified The headings of ECCNs 9E001 and Executive Order Requirements Network Application Processing 9E002 do not need to be revised to add Executive Orders 13563 and 12866 System. This collection includes, among technology for 9B104, because those two direct agencies to assess all costs and other things, license applications, and technology ECCNs apply to 9B ECCNs, benefits of available regulatory carries a burden estimate of 43.8 except for those specifically excluded in alternatives and, if regulation is minutes for a manual or electronic the ECCN headings. These changes are necessary, to select regulatory submission for a total burden estimate expected to result in an increase of no approaches that maximize net benefits of 31,833 hours. BIS expects the burden more than 1 application received (including potential economic, hours associated with this collection to annually by BIS, because such systems environmental, public health and safety increase slightly by 2 hours and 19 and their software and technology are effects, distribute impacts, and equity). minutes for an estimated cost increase exported infrequently. Executive Order 13563 emphasizes the of $85. This increase is not expected to ECCN 9D104. This final rule amends importance of quantifying both costs exceed the existing estimates currently ECCN 9D104 by adding a note to the and benefits, of reducing costs, of associated with OMB control number List of Items Controlled section. This harmonizing rules, and of promoting 0694–0088. Although this final rule note clarifies that ECCN 9D104 also flexibility. This final rule has been makes important changes to the EAR for

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items controlled for missile technology The section 553 requirements for 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, reasons, Commerce believes the overall notice and public procedures and for a 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 increase in costs and burdens due to delay in the date of effectiveness do not FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. this rule will be minimal. apply to this rule, as there is good cause 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Any comments regarding the 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 to waive such practices. Delay in Comp., p. 783; Presidential Determination collection of information associated implementation would disrupt the 2003–23, 68 FR 26459, 3 CFR, 2004 Comp., with this rule, including suggestions for movement of these potentially national- p. 320; Notice of August 4, 2016, 81 FR 52587 reducing the burden, may be sent to and international-security-threatening (August 8, 2016); Notice of November 8, Jasmeet K. Seehra, Office of items globally, creating disharmony 2016, 81 FR 79379 (November 10, 2016). Management and Budget (OMB), by between export control measures ■ 2. Section 742.5 is amended by email to Jasmeet_K._Seehra@ implemented by MTCR members. revising the first sentence of paragraph omb.eop.gov, or by fax to (202) 395– Export controls work best when all (a)(2) to read as follows: 7285. countries implement the same export Administrative Procedure Act and controls in a timely manner. Delaying § 742.5 Missile technology. Regulatory Flexibility Act this rulemaking would prevent the (a) * * * Requirements United States from fulfilling its (2) The term ‘‘missiles’’ is defined as commitment to the MTCR in a timely rocket systems (including ballistic The provisions of the Administrative manner, would injure the credibility of missiles, space launch vehicles, and Procedure Act (APA) (5 U.S.C. 553) the United States in this and other sounding rockets) and unmanned aerial requiring notice of proposed multilateral regimes, and may impair vehicle systems (including cruise rulemaking, the opportunity for public the international communities’ ability to missiles, target drones, and participation, and a delay in effective effectively control the export of certain reconnaissance drones) capable of date, are inapplicable because this potentially national- and international- delivering at least 500 kilograms (kg) action involves a military and foreign security-threatening materials. payload to a range of at least 300 affairs function of the United States (5 Therefore, this regulation is issued in kilometers (km). * * * U.S.C. 553(a)(1)). Immediate final form, and is effective July 7, 2017. * * * * * implementation of these amendments Further, no other law requires that a fulfills the United States’ international notice of proposed rulemaking and an PART 744—[AMENDED] commitments to the MTCR. The MTCR opportunity for public comment be contributes to international peace and given for this final rule. Because a ■ 3. The authority citation for 15 CFR security by promoting greater notice of proposed rulemaking and an part 744 continues to read as follows: responsibility in transfers of missile opportunity for public comment are not technology items that could make a Authority: 50 U.S.C. 4601 et seq.; 50 required to be given for this rule under U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; contribution to delivery systems (other the Administrative Procedure Act or by 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 than manned aircraft) for weapons of any other law, the analytical U.S.C. 7210; E.O. 12058, 43 FR 20947, 3 CFR, mass destruction. The MTCR consists of requirements of the Regulatory 1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 35 member countries acting on a Flexibility Act (5 U.S.C. 601 et seq.) are 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 consensus basis. The changes discussed FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. not applicable. Accordingly, no in this rule implement agreements 12947, 60 FR 5079, 3 CFR, 1995 Comp., p. regulatory flexibility analysis is required reached at the October 2016 Plenary in 356; E.O. 13026, 61 FR 58767, 3 CFR, 1996 Busan, South Korea, and the March and none has been prepared. Comp., p. 228; E.O. 13099, 63 FR 45167, 3 2016 Technical Experts Meeting in List of Subjects CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR Luxembourg City, Luxembourg. Since 44025, 3 CFR, 2001 Comp., p. 783; E.O. 15 CFR Part 742 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. the United States is a significant 786; Notice of January 20, 2016, 81 FR 3937 exporter of the items discussed in this Exports, Terrorism. (January 22, 2016); Notice of August 4, 2016, rule, implementation of this provision is 15 CFR Part 744 81 FR 52587 (August 8, 2016); Notice of necessary for the MTCR to achieve its September 15, 2016, 81 FR 64343 (September purpose. Exports, Reporting and recordkeeping 19, 2016); Notice of November 8, 2016, 81 FR Although the APA requirements in requirements, Terrorism. 79379 (November 10, 2016); Notice of section 553 are not applicable to this 15 CFR Part 772 January 13, 2017, 82 FR 6165 (January 18, action under the provisions of 2017). Exports. paragraph (a)(1), this action also falls ■ 4. Section 744.3 is amended: within two other exceptions in the 15 CFR Part 774 ■ a. By revising the section heading; section. The subsection (b) requirement ■ b. By revising paragraphs (a)(1), (2), Exports, Reporting and recordkeeping that agencies publish a notice of (3), and the Note to paragraph (a) of this requirements. proposed rulemaking that includes section; information on the public proceedings Accordingly, parts 742, 744, 772 and ■ c. By revising paragraph (d)(1); and does not apply when an agency for good 774 of the Export Administration ■ d. By revising paragraph (d)(2)(ii), cause finds that the notice and public Regulations (15 CFR parts 730–774) are (iii), and (v) to read as follows: amended as follows: procedures are impracticable, § 744.3 Restrictions on certain rocket unnecessary, or contrary to the public PART 742—[AMENDED] systems (including ballistic missiles, space interest, and the agency incorporates the launch vehicles and sounding rockets) and finding (and reasons therefor) in the rule ■ 1. The authority citation for 15 CFR unmanned aerial vehicles (including cruise that is issued (5 U.S.C. 553(b)(B)). In part 742 continues to read as follows: missiles, target drones and reconnaissance drones) end-uses. addition, the section 553(d) requirement Authority: 50 U.S.C. 4601 et seq.; 50 that publication of a rule shall be made U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; (a) * * * not less than 30 days before its effective 42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 (1) Will be used in the design, date can be waived if an agency finds U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 development, production or use of there is good cause to do so. Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, rocket systems or unmanned aerial

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vehicles capable of a range of at least delivery purposes that are given in a ■ a. By revising the introductory text of 300 kilometers in or by a country listed particular case; and ‘‘items’’ paragraph d. in the List of Items in Country Group D:4 of Supplement * * * * * Controlled section; and No. 1 to part 740 of the EAR. ■ b. By adding paragraph d.3., including (2) Will be used, anywhere in the PART 772—[AMENDED] a Note and a Technical Note to world except by governmental programs 1C107.d.3., to read as follows: ■ 5. The authority citation for 15 CFR for nuclear weapons delivery of NPT Supplement No. 1 to Part 774—The part 772 continues to read as follows: Nuclear Weapons States that are also Commerce Control List members of NATO, in the design, Authority: 50 U.S.C. 4601 et seq.; 50 development, production or use of U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, * * * * * rocket systems or unmanned aerial 3 CFR, 2001 Comp., p. 783 Notice of August 1C107 Graphite and ceramic materials, 8, 2016, 81 FR 52587 (August 8, 2016). other than those controlled by 1C007, vehicles, regardless of range which can be machined to any of the capabilities, for the delivery of ■ 6. Section 772.1 is amended by following products as follows (see List of chemical, biological, or nuclear revising the definitions of ‘‘missiles’’ Items Controlled). weapons; or and ‘‘unmanned aerial vehicle * * * * * (3) Will be used in the design, (‘‘UAV’’)’’ to read as follows: development, production or use of any List of Items Controlled rocket systems or unmanned aerial § 772.1 Definitions of terms as used in the * * * * * vehicles in or by a country listed in Export Administration Regulations (EAR). Items: Country Group D:4, but you are unable * * * * * d. High-temperature ceramic materials, to determine: ‘‘Missiles’’. (All) Rocket systems useable in rockets, missiles, and unmanned (including ballistic missiles, space aerial vehicles capable of achieving a ‘‘range’’ (i) The characteristics (i.e., range equal to or greater than 300 km, as follows: capabilities) of the rocket systems or launch vehicles, and sounding rockets) unmanned aerial vehicles, or and unmanned aerial vehicle systems * * * * * (including cruise missiles, target drones, d.3. Bulk machinable ceramic composite (ii) Whether the rocket systems or materials consisting of an ‘Ultra High unmanned aerial vehicles, regardless of and reconnaissance drones) ‘‘capable Temperature Ceramic (UHTC)’ matrix with a range capabilities, will be used in a of’’ delivering at least 500 kilograms melting point equal to or greater than 3000 manner prohibited under paragraph payload to a range of at least 300 °C and reinforced with fibers or filaments, (a)(2) of this section. kilometers. See § 746.3 for definition of usable for missile components (such as nose a ‘‘ballistic missile’’ to be exported or tips, re-entry vehicles, leading edges, jet Note to paragraph (a) of this section: For reexported to Iraq or transferred within vanes, control surfaces, or rocket motor the purposes of this section, ‘‘Rocket throat inserts). Systems’’ include, but are not limited to, Iraq. ballistic missiles, space launch vehicles, and * * * * * Note: ECCN 1C107.d.3. does not control sounding rockets. Also, for the purposes of ‘Ultra High Temperature Ceramic (UHTC)’ ‘‘Unmanned aerial vehicle’’ (‘‘UAV’’). materials in non-composite form. this section, ‘‘unmanned aerial vehicles’’ (Cat 9) Any ‘‘aircraft’’ capable of include, but are not limited to, cruise initiating flight and sustaining Technical Note: ‘Ultra High Temperature missiles, target drones and reconnaissance controlled flight and navigation without Ceramics (UHTC)’ includes: Titanium drones. diboride (TiB ), zirconium diboride (ZrB ), any human presence on board. 2 2 niobium diboride (NbB2), hafnium diboride * * * * * Note to definition of ‘‘Unmanned aerial (HfB2), tantalum diboride (TaB2), titanium (d) * * * vehicle’’ (‘‘UAV’’): For the purposes of carbide (TiC), zirconium carbide (ZrC), (1) Applications to export, reexport or § 744.3 of the EAR, unmanned air vehicles, niobium carbide (NbC), hafnium carbide transfer (in-country) the items subject to which are the same as ‘‘unmanned aerial (HfC), tantalum carbide (TaC). this section will be considered on a vehicles,’’ include, but are not limited to, * * * * * case-by-case basis to determine whether cruise missiles, target drones and reconnaissance drones. ■ 9. In Supplement No. 1 to part 774 the export, reexport or transfer (in- (the Commerce Control List), Category country) would make a material * * * * * 1—Special Materials and Related contribution to the proliferation of Equipment, Chemicals, certain rocket systems, or unmanned PART 774—[AMENDED] ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export aerial vehicles. When an export, ■ Control Classification Number (ECCN) reexport or transfer (in-country) is 7. The authority citation for 15 CFR 1C111 is amended by revising ‘‘items’’ deemed to make a material contribution, part 774 continues to read as follows: paragraph b.2. in the List of Items the license will be denied. Authority: 50 U.S.C. 4601 et seq.; 50 Controlled section to read as follows: (2) * * * U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 1C111 Propellants and constituent chemicals (ii) The significance of the export, 7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15 for propellants, other than those reexport or transfer in terms of its specified in 1C011, as follows (see List contribution to the design, U.S.C. 1824a; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 13026, 61 FR of Items Controlled). development, production or use of 58767, 3 CFR, 1996 Comp., p. 228; E.O. * * * * * certain rocket systems or unmanned 13222, 66 FR 44025, 3 CFR, 2001 Comp., p. List of Items Controlled aerial vehicles; 783; Notice of August 4, 2016, 81 FR 52587 (iii) The capabilities and objectives of (August 8, 2016). * * * * * Items: the rocket systems or unmanned aerial ■ 8. In Supplement No. 1 to part 774 vehicles of the recipient country; (the Commerce Control List), Category * * * * * * * * * * b. * * * 1—Special Materials and Related b.2. Hydroxy-terminated polybutadiene (v) The types of assurances or Equipment, Chemicals, (including hydroxyl-terminated guarantees against design, development, ‘‘Microorganisms’’ and ‘‘Toxins,’’ Export polybutadiene) (HTPB) (CAS 69102–90–5), production, or use for certain rocket Control Classification Number (ECCN) except for hydroxyl-terminated system or unmanned aerial vehicle 1C107 is amended: polybutadiene as specified in USML Category

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V (see 22 CFR 121.1) (also see Related 2. 2B109 does not control machines that Related Definitions: ‘Inertial measurement Controls Note #1 for this ECCN); are not usable in the ‘‘production’’ of equipment or systems’ specified in 7A103.a. * * * * * propulsion ‘‘parts,’’ ‘‘components’’ and incorporate accelerometers or gyros to equipment (e.g., motor cases and interstages) measure changes in velocity and orientation ■ 10. In Supplement No. 1 to part 774 for ‘‘missiles.’’ in order to determine or maintain heading or (the Commerce Control List), Category ■ position without requiring an external 12. In Supplement No. 1 to part 774 reference once aligned. 2—Materials Processing, Export Control (the Commerce Control List), Category Items: Classification Number (ECCN) 2B018 is 5—Telecommunications and amended by revising the ‘‘MT’’ ‘‘Information Security,’’ Part 1— a. ‘Inertial measurement equipment or systems’ using accelerometers or gyros paragraph in the table in the License Telecommunications, Export Control Requirements section to read as follows: controlled by 7A001, 7A002, 7A101 or Classification Number (ECCN) 5A101 is 7A102, and ‘‘specially designed’’ ‘‘parts’’ and 2B018 Equipment on the Wassenaar amended: ‘‘components’’ therefor; Arrangement Munitions List. ■ a. By revising the heading, and ■ * * * * * License Requirements b. By revising the Note at the end of the ‘‘items’’ paragraph to read as Note 3: 7A103.a. includes Attitude and Reason for Control: *** Heading Reference Systems (AHRSs), follows: gyrocompasses, Inertial Measurement Units Country chart 5A101 Telemetering and telecontrol (IMUs), Inertial Navigations Systems (INSs), Control(s) (See Supp. No. 1 to equipment, including ground Inertial Reference Systems (IRSs), and part 738) equipment, designed or modified for Inertial Reference Units (IRUs). unmanned aerial vehicle (including cruise missiles, target drones, and * * * * * ***** reconnaissance drones) or rocket ■ 14. In Supplement No. 1 to part 774 MT applies to spe- MT Column 1 systems (including ballistic missiles, (the Commerce Control List), Category cialized machinery, space launch vehicles, and sounding 9—Aerospace and Propulsion, Export equipment, and rockets) capable of a maximum ‘‘range’’ Control Classification Number (ECCN) gear for producing equal to or greater than 300 km. 9A101 is amended by revising the rocket systems (in- * * * * * cluding ballistic Related Controls paragraph in the List of missiles, space List of Items Controlled Items Controlled section to read as launch vehicles, * * * * * follows: and sounding rock- Items: 9A101 Turbojet and turbofan engines, ets) and unmanned * * * * * other than those controlled by 9A001, as aerial vehicle sys- follows (see List of Items Controlled). tems (including Note: ECCN 5A101 does not include items cruise missiles, tar- not designed or modified for unmanned * * * * * aerial vehicles (including cruise missiles, get drones, and re- target drones, and reconnaissance drones) or List of Items Controlled connaissance rocket systems (including ballistic missiles, drones) usable in Related Controls: 9A101.b controls only space launch vehicles and sounding rockets) systems that are engines for non-military unmanned aerial capable of a maximum ‘‘range’’ equal to or vehicles [UAVs] or remotely piloted controlled for MT greater than 300km (e.g., telemetry circuit reasons including vehicles [RPVs], and does not control other cards limited by design to reception only and engines designed or modified for use in their propulsion designed for use in personal computers). systems and com- ‘‘missiles’’, which are ‘‘subject to the ponents, and ■ 13. In Supplement No. 1 to part 774 ITAR’’ (see 22 CFR parts 120 through 130). pyrolytic deposition (the Commerce Control List), Category * * * * * and densification 7—Navigation and Avionics, Export ■ 15. In Supplement No. 1 to part 774 equipment. Control Classification Number (ECCN) (the Commerce Control List), Category 7A103 is amended: 9—Aerospace and Propulsion, add, ***** ■ a. By removing the Related Controls between entries for Export Control * * * * * paragraph (2) and redesignating Related Classification Numbers (ECCNs) 9B010 Controls paragraph (3) as Related and 9B105, ECCN 9B104 to read as ■ 11. In Supplement No. 1 to part 774 Controls paragraph (2) in the List of follows: (the Commerce Control List), Category Items Controlled section; 2—Materials Processing, Export Control ■ b. By revising the Related Definitions 9B104 ‘Aerothermodynamic test facilities’, usable for rockets, missiles, or Classification Number (ECCN) 2B109 is paragraph in the List of Items Controlled amended by revising Technical Note unmanned aerial vehicles capable of section; achieving a ‘‘range’’ equal to or greater paragraph 2. at the end of the ‘‘items’’ ■ c. By revising the introductory text of than 300 km and their subsystems, and paragraph in the List of Items Controlled ‘‘items’’ paragraph a. in the List of Items having an electrical power supply equal section to read as follows: Controlled section; and to or greater than 5 MW or a gas supply 2B109 Flow-forming machines, other than ■ d. By adding a Note 3 to ‘‘items’’ total pressure equal to or greater than 3 those controlled by 2B009, and paragraph a. in the List of Items MPa. ‘‘specially designed’’ ‘‘parts’’ and Controlled section to read as follows: License Requirements ‘‘components’’ therefor. 7A103 Instrumentation, navigation Reasons for Control: MT, AT * * * * * equipment and systems, other than those controlled by 7A003, and ‘‘specially List of Items Controlled Country Chart designed’’ ‘‘parts’’ and ‘‘components’’ Control(s) (See Supp. No. 1 to * * * * * therefor, as follows (see List of Items part 738) Items: Controlled). * * * * * * * * * * MT applies to entire MT Column 1 entry. Technical Notes: List of Items Controlled AT applies to entire AT Column 1 * * * * * * * * * * entry.

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List Based License Exceptions (See Part 740 9E001 ‘‘Technology’’ according to the 9E101 is amended by revising the for a description of all license exceptions) General Technology Note for the heading to read as follows: LVS: N/A ‘‘development’’ of equipment or ‘‘software’’, controlled by 9A001.b, 9E101 ‘‘Technology’’ according to the GBS: N/A General Technology Note for the CIV: N/A 9A004, 9A012, 9B (except for ECCNs 9B604, 9B610, 9B619, 9B990 and ‘‘development’’ or ‘‘production’’ of List of Items Controlled 9B991), or ECCN 9D001 to 9D004, commodities or ‘‘software’’ controlled 9D101, or 9D104. by ECCN 9A012 (applies only to Related Controls: See ECCNs 9D101, 9E001 ‘‘production’’ ‘‘technology’’ for MT- and 9E002. License Requirements controlled items in 9A012), 9A101 Related Definitions: ‘Aerothermodynamic Reason for Control: *** (except for items in 9A101.b that are test facilities’ include plasma arc jet ‘‘subject to the ITAR,’’ see 22 CFR part facilities and plasma wind tunnels for the Country chart 121), 9A106.d or .e, 9A110 (for items study of thermal and mechanical effects of Control(s) (See Supp. No. 1 to that are ‘‘specially designed’’ for non- airflow on objects. part 738) military unmanned aerial vehicles Items: controlled by 9A012), 9C110, 9D101, or The list of items controlled is contained in 9D104. the ECCN heading. ***** MT applies to ‘‘tech- MT Column 1 * * * * * ■ 16. In Supplement No. 1 to part 774 nology’’ for items ■ 21. In Supplement No. 1 to part 774 (the Commerce Control List), Category controlled by (the Commerce Control List), Category 9—Aerospace and Propulsion, Export 9A012, 9B001, 9—Aerospace and Propulsion, Export Control Classification Number (ECCN) 9B002, 9B003, Control Classification Number (ECCN) 9D101 is amended by revising the 9B004, 9B005, 9E102 is amended by revising the 9B007, 9B104, heading to read as follows: 9B105, 9B106, heading to read as follows: 9D101 ‘‘Software’’ ‘‘specially designed’’ or 9B115, 9B116, 9E102 ‘‘Technology’’ according to the modified for the ‘‘use’’ of commodities 9B117, 9D001, General Technology Note for the ‘‘use’’ controlled by 9B104, 9B105, 9B106, 9D002, 9D003, or of commodities or ‘‘software’’ controlled 9B116, or 9B117. 9D004 for MT rea- by ECCN 9A004 (except for items in sons. 9A004 that are ‘‘subject to the ITAR,’’ * * * * * see 22 CFR part 121), 9A012, 9A101 ■ 17. In Supplement No. 1 to part 774 ***** (except for items in 9A101.b that are ‘‘subject to the ITAR,’’ see 22 CFR part (the Commerce Control List), Category * * * * * 9—Aerospace and Propulsion, Export 121), 9A106.d or .e, 9A110 (for items ■ 19. In Supplement No. 1 to part 774 that are ‘‘specially designed’’ for non- Control Classification Number (ECCN) (the Commerce Control List), Category military unmanned aerial vehicles 9D104 is amended by adding a Note to 9—Aerospace and Propulsion, Export controlled by 9A012), 9B105, 9B106, the ‘‘items’’ paragraph in the List of Control Classification Number (ECCN) 9B115, 9B116, 9D101, or 9D104. Items Controlled section to read as 9E002 is amended by revising the ‘‘MT’’ * * * * * follows: paragraph in the table in the License Dated: July 3, 2017. 9D104 ‘‘Software’’ specially designed or Requirements section to read as follows: Matthew S. Borman, modified for the ‘‘use’’ of equipment 9E002 ‘‘Technology’’ according to the controlled by ECCN 9A001, 9A012 (for Deputy Assistant Secretary for Export General Technology Note for the Administration. MT controlled items only), 9A101 ‘‘production’’ of ‘‘equipment’’ controlled (except for items in 9A101.b that are by ECCN 9A001.b, 9A004 or 9B (except [FR Doc. 2017–14312 Filed 7–6–17; 8:45 am] ‘‘subject to the ITAR,’’ see 22 CFR part for ECCNs 9B117, 9B604, 9B610, 9B619, BILLING CODE 3510–33–P 121), or 9A106.d. 9B990, and 9B991). * * * * * License Requirements DEPARTMENT OF HOMELAND List of Items Controlled Reason for Control: *** SECURITY * * * * * Country chart Coast Guard Items: Control(s) (See Supp. No. 1 to part 738) * * * * * 33 CFR Part 100 Note: For a manned aircraft converted to [Docket No. USCG–2017–0492] operate as an unmanned aerial vehicle ***** specified in 9A012 and controlled for MT MT applies to ‘‘tech- MT Column 1 RIN 1625–AA08 reasons, 9D104 includes ‘‘software’’, as nology’’ for equip- follows: ment controlled by [Regattas and Marine Parades; Great a. ‘‘Software’’ ‘‘specially designed’’ or 9B001, 9B002, Lakes Annual Marine Events modified to integrate the conversion 9B003, 9B004, equipment with the aircraft system functions; 9B005, 9B007, AGENCY: Coast Guard, DHS. b. ‘‘Software’’ ‘‘specially designed’’ or 9B104, 9B105, ACTION: Notice of enforcement of modified to operate the aircraft as an 9B106, 9B115 or regulation. unmanned aerial vehicle. 9B116 for MT rea- sons. SUMMARY: The Coast Guard will enforce ■ 18. In Supplement No. 1 to part 774 various special local regulations for ***** (the Commerce Control List), Category annual regattas and marine parades in 9—Aerospace and Propulsion, Export * * * * * the Captain of the Port Detroit zone. Control Classification Number (ECCN) ■ 20. In Supplement No. 1 to part 774 Enforcement of these regulations is 9E001 is amended by revising the ‘‘MT’’ (the Commerce Control List), Category necessary and intended to ensure safety paragraph in the table in the License 9—Aerospace and Propulsion, Export of life on the navigable waters Requirements section to read as follows: Control Classification Number (ECCN) immediately prior to, during, and after

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