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Eccns 1A002, 1A007, Entry 25944 Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules Control(s) Country chart License Requirements Related Controls: (1) Technical data directly Reason for Control: MT, NP, AT related to articles enumerated in USML ***** Categories III, IV, or V are subject to the NP applies to ‘‘tech- NP Column 1 Control(s) Country chart controls of those USML Categories, nology’’ for items respectively. (2) ‘‘Technology’’ for chlorine controlled by MT applies to entire MT Column 1 trifluoride is controlled under ECCNs 1A002, 1A007, entry. 1E001 (‘‘development’’ and ‘‘production’’) 1B001, 1B101, NP applies to ‘‘tech- NP Column 1 and 1E101 (‘‘use’’). 1B201, 1B225 to nology’’ for items Related Definitions: N/A 1B233, 1C002, controlled by Items: 1C010, 1C111, 1B001, 1B101, a. ‘‘Technology’’ ‘‘required’’ for the 1C116, 1C202, 1C111, 1C116, ‘‘development,’’ ‘‘production,’’ operation, 1C210, 1C216, 1D001, or 1D101 installation, maintenance, repair, overhaul, 1C225 to 1C237, for NP reasons. or refurbishing of material controlled by 1C239, or 1C240 AT applies to entire AT Column 1 ECCN 1B608 or 1C608. for NP reasons. entry. b. ‘‘Technology’’ for the ‘‘development’’ or ‘‘production’’ of nitrocellulose with nitrogen ***** * * * * * content over 12.6% and at rates greater than 14. In Supplement No. 1 to part 774 License Requirements Note: * * * 2000 pounds per hour. (the Commerce Control List), Category c. ‘‘Technology’’ for the ‘‘development’’ or License Exceptions 1—Special Materials and Related ‘‘production’’ of nitrate esters (e.g., * * * * * Equipment, Chemicals, nitroglycerine) at rates greater than 2000 ‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN pounds per hour. List of Items Controlled 1E201 is amended by revising the ECCN d. through x. [RESERVED] Unit: * * * heading to read as follows: y. Specific ‘‘technology’’ ‘‘required’’ for the Related Controls: (1) Also see ECCNs 1E101, ‘‘development,’’ ‘‘production,’’ operation, 1E201, and 1E202. (2) See ECCN 1E608 for 1E201 ‘‘Technology’’ according to the installation, maintenance, repair, overhaul or ‘‘technology’’ for items classified under General Technology Note for the ‘‘use’’ refurbishing of commodities controlled by ECCN 1B608 or 1C608 that, immediately of items controlled by 1A002, 1A007, ECCN 1B608.y or ‘‘software’’ controlled by prior to [effective date of final rule], were 1A202, 1A225 to 1A227, 1B201, 1B225 ECCN 1D608.y, as follows: classified under 1B018.a or 1C018.b to 1B232, 1B233.b, 1C002.b.3 and b.4, y.1 through y.98. [RESERVED] through .m (note that ECCN 1E001 controls 1C010.a, 1C010.b, 1C010.e.1, 1C202, y.99. ‘‘Technology’’ not identified on the ‘‘development’’ and ‘‘production’’ 1C210, 1C216, 1C225 to 1C237, 1C239, CCL that (i) has been determined, in an ‘‘technology’’ for chlorine trifluoride 1C240 or 1D201. applicable commodity jurisdiction controlled by ECCN 1C111.a.3.f—see ECCN * * * * * determination issued by the U.S. Department 1E101 for controls on ‘‘use’’ ‘‘technology’’ 15. In Supplement No. 1 to part 774 of State, to be subject to the EAR and (ii) for chlorine trifluoride). (3) See ECCN (the Commerce Control List), Category would otherwise be controlled elsewhere in 1E002.g for control libraries (parametric 1—Special Materials and Related ECCN 1E608. technical databases) specially designed or Equipment, Chemicals, Dated: April 13, 2012. modified to enable equipment to perform ‘‘Microorganisms,’’ and ‘‘Toxins,’’ add a the functions of equipment controlled Kevin J. Wolf, under 1A004.c (Nuclear, biological and new ECCN 1E608 between ECCNs Assistant Secretary for Export chemical (NBC) detection systems) or 1E355 and 1E994 to read as follows: Administration. 1A004.d (Equipment for detecting or 1E608 ‘‘Technology’’ ‘‘required’’ for the [FR Doc. 2012–10456 Filed 5–1–12; 8:45 am] identifying explosives residues). (4) ‘‘development,’’ ‘‘production,’’ BILLING CODE 3510–33–P ‘‘Technology’’ for lithium isotope operation, installation, maintenance, separation (see related ECCN 1B233) and repair, overhaul or refurbishing of ‘‘technology’’ for items described in ECCN equipment controlled in 1B608 or 1C012 are subject to the export licensing materials controlled by 1C608. DEPARTMENT OF STATE authority of the Nuclear Regulatory License Requirements Commission (see 10 CFR part 110). (5) 22 CFR Part 121 ‘‘Technology’’ for items described in ECCN Reason for Control: NS, RS, MT, AT 1A102 is subject to the export licensing RIN 1400–AD02 authority of the U.S. Department of State, Control(s) Country chart Directorate of Defense Trade Controls (see [Public Notice 7861] 22 CFR part 121). NS applies to entire NS Column 1 Related Definitions: * * * entry, except Amendment to the International Traffic Items: * * * 1E608.y. in Arms Regulations: Revision of U.S. RS applies to entire RS Column 1 13. In Supplement No. 1 to part 774 entry, except Munitions List Category V. (the Commerce Control List), Category 1E608.y. AGENCY: Department of State. 1—Special Materials and Related MT applies to tech- MT Column 1 Equipment, Chemicals, nology ‘‘required’’ ACTION: Proposed rule. ‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN for 1C608.m. 1E101 is amended by revising the ECCN AT applies to entire AT Column 1 SUMMARY: As part of the President’s heading and by revising the License entry. Export Control Reform effort, the Requirements section to read as follows: Department of State proposes to amend License Exceptions the International Traffic in Arms 1E101 ‘‘Technology’’, in accordance with CIV: N/A Regulations (ITAR) to revise Category V the General Technology Note, for the TSR: N/A (explosives and energetic materials, ‘‘use’’ of commodities and software STA: Paragraph (c)(2) of License Exception propellants, incendiary agents, and their controlled by 1A101, 1A102, 1B001, STA (§ 740.20(c)(2)) of the EAR may not be 1B101, 1B102, 1B115 to 1B119, 1C001, used for any item in 1E608. constituents) of the U.S. Munitions List 1C007, 1C011, 1C101, 1C107, 1C111, (USML) to describe more precisely the 1C116, 1C117, 1C118, 1D001, 1D101, or List of Items Controlled articles warranting control on the 1D103. Unit: $ value USML. VerDate Mar<15>2010 15:12 May 01, 2012 Jkt 226001 PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\02MYP1.SGM 02MYP1 emcdonald on DSK29S0YB1PROD with PROPOSALS Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules 25945 DATES: The Department of State will other set of regulations are subject to the marking systems, the Administration accept comments on this proposed rule EAR. plans to proceed with building positive until June 18, 2012. lists now and afterward return to Export Control Reform Update ADDRESSES: Interested parties may structural changes. The Departments of State and submit comments within 45 days of the Revision of Category V date of publication by one of the Commerce described in their respective following methods: Advanced Notices of Proposed This proposed rule revises USML • Email: Rulemaking (ANPRM) in December Category V, covering explosives and [email protected] with the 2010 the Administration’s plan to make energetic materials, propellants, subject line, ‘‘ITAR Amendment— the USML and the CCL positive, tiered, incendiary agents, and their Category V.’’ and aligned so that eventually they can constituents, to establish a clear ‘‘bright • Internet: At www.regulations.gov, be combined into a single control list line’’ between the USML and the CCL search for this notice by using this rule’s (see ‘‘Commerce Control List: Revising for the control of these articles. RIN (1400–AD02). Descriptions of Items and Foreign One major change proposed to this Comments received after that date Availability,’’ 75 FR 76664 (December 9, category involves removal of broad will be considered if feasible, but 2010) and ‘‘Revision to the United catchalls with the listing of specific consideration cannot be assured. Those States Munitions List,’’ 75 FR 76935 materials that warrant ITAR control submitting comments should not (December 10, 2010)). The notices also caught by current catchalls. For include any personally identifying called for the establishment of a ‘‘bright example, paragraph (a)(35) as currently information they do not desire to be line’’ between the USML and the CCL to written broadly controls, ‘‘Any other made public or information for which a reduce government and industry explosive not elsewhere identified in claim of confidentiality is asserted uncertainty regarding export this category specifically designed, because those comments and/or jurisdiction by clarifying whether modified, adapted, or configured (e.g., transmittal emails will be made particular items are subject to the formulated) for military application.’’ available for public inspection and jurisdiction of the ITAR or the EAR. This catchall is being removed. copying after the close of the comment While these remain the Examples of materials added because of period via the Directorate of Defense Administration’s ultimate Export deletion of catchalls are as follows: Trade Controls Web site at Control Reform objectives, their tetrazines (BTAT (Bis(2,2,2- www.pmddtc.state.gov. Parties who concurrent implementation would be trinitroethyl)-3,6-diaminotetrazine); LAX–112 (3,6-diamino- 1,2,4,5- wish to comment anonymously may do problematic in the near term. In order to tetrazine- 1,4dioxide); PNO (Poly(3- so by submitting their comments via more quickly reach the national security nitrato oxetane); 4,5 diazidomethyl-2- www.regulations.gov, leaving the fields objectives of greater
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