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.

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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 interoperability methyl-1,2,3-triazole (iso- DAMTR)); that would identify the commenter with U.S. allies, enhancing the defense TEPB (Tris (ethoxyphenyl) bismuth) blank and including no identifying industrial base, and permitting the U.S. (CAS 90591–48–3); and TEX (4,10- information in the comment itself. Government to focus its resources on Dinitro-2,6,8,12-tetraoxa-4,10- Comments submitted via controlling and monitoring the export diazaisowurtzitane). Those materials www.regulations.gov are immediately and reexport of more significant items to destinations, end-uses, and end-users of currently captured in the catchalls that available for public inspection. greater concern than NATO allies and do not warrant control on the USML are FOR FURTHER INFORMATION CONTACT: Ms. other multi-regime partners, the to be controlled on the CCL. Examples Candace M. J. Goforth, Acting Director, Administration has decided, as an of such materials to be removed from Office of Defense Trade Controls Policy, interim step, to propose and implement various catchalls and controlled on the Department of State, telephone (202) revisions to both the USML and the CCL CCL are spherical aluminum powder 663–2792; email that are more positive, but not yet and hydrazine and its derivatives. [email protected]. ATTN: tiered. Another major change proposed to Regulatory Change, USML Category V. Specifically, based in part on a review this category involves addressing U.S. SUPPLEMENTARY INFORMATION: The of the comments received in response to obligations to multinational regimes. Directorate of Defense Trade Controls the December 2010 notices, the There is a limited catchall (a)(32) that is (DDTC), U.S. Department of State, Administration has determined that being changed from 8700 meters per administers the International Traffic in fundamentally altering the structure of second to 8000 meters per second to Arms Regulations (ITAR) (22 CFR parts the USML by tiering and aligning it on match the criteria from the Nuclear 120–130). The items subject to the a category-by-category basis would Suppliers Group. The proposed revision jurisdiction of the ITAR, i.e., ‘‘defense significantly disrupt the export control would read as follows (see paragraph articles,’’ are identified on the ITAR’s compliance systems and procedures of (a)(38)): ‘‘Explosives, not otherwise U.S. Munitions List (USML) (22 CFR exporters and reexporters. For example, enumerated in this paragraph or on the 121.1). With few exceptions, items not until the entire USML was revised and CCL in ECCN 1C608, with a detonation subject to the export control jurisdiction became final, some USML categories velocity exceeding 8,000m/s at of the ITAR are subject to the would follow the legacy numbering and maximum density or a detonation jurisdiction of the Export control structures while the newly pressure exceeding 34 Gpa (340 kbar).’’ Administration Regulations (‘‘EAR,’’ 15 revised categories would follow a Additional hydrazine materials are CFR parts 730–774, which includes the completely different numbering specified by the Missile Technology Commerce Control List in Supplement structure. In order to allow for the Control Regime (MTCR) and these No. 1 to Part 774), administered by the national security benefits to flow from entries were added. Bureau of Industry and Security (BIS), re-aligning the jurisdictional status of Additionally, some materials are to be U.S. Department of Commerce. Both the defense articles that no longer warrant added that are significant to the military ITAR and the EAR impose license control on the USML on a category-by- but have little commercial application. requirements on exports and reexports. category basis while minimizing the For example, DNAN (2,4 Items not subject to the ITAR or to the impact on exporters’ internal control Dinitroanisole), a military explosive exclusive licensing jurisdiction of any and jurisdictional and classification currently covered by the catchall in

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(a)(35), will be controlled in paragraph it does not require analysis under the sections 3(a) and 3(b)(2) of Executive (a)(11). Regulatory Flexibility Act. Order 12988 to eliminate ambiguity, minimize litigation, establish clear legal Request for Comments Unfunded Mandates Reform Act of 1995 standards, and reduce burden. As the U.S. Government works This proposed amendment does not through the proposed revisions to the involve a mandate that will result in the Executive Order 13175 USML, some solutions have been expenditure by State, local, and tribal The Department of State has adopted that were determined to be the governments, in the aggregate, or by the determined that this rulemaking will best of available options. With the private sector, of $100 million or more not have tribal implications, will not thought that multiple perspectives in any year and it will not significantly impose substantial direct compliance would be beneficial to the USML or uniquely affect small governments. costs on Indian tribal governments, and revision process, the Department Therefore, no actions were deemed will not preempt tribal law. welcomes the assistance of users of the necessary under the provisions of the Accordingly, Executive Order 13175 lists and requests input on the Unfunded Mandates Reform Act of does not apply to this rulemaking. following: 1995. Paperwork Reduction Act (1) A key goal of this rulemaking is to Small Business Regulatory Enforcement ensure the USML and the CCL together This proposed amendment does not Fairness Act of 1996 control all the items that meet impose any new reporting or Wassenaar Arrangement commitments This proposed amendment has been recordkeeping requirements subject to embodied in Munitions List Category 8 found not to be a major rule within the the Paperwork Reduction Act, 44 U.S.C. (WA–ML8). To that end, the public is meaning of the Small Business Chapter 35. Regulatory Enforcement Fairness Act of asked to identify any potential lack of List of Subjects in 22 CFR Part 121 coverage brought about by the proposed 1996. Arms and munitions, Exports. rules for Category V contained in this Executive Orders 12372 and 13132 notice and the new Category 1 ECCNs Accordingly, for the reasons set forth published separately by the Department This proposed amendment will not above, Title 22, Chapter I, Subchapter of Commerce when reviewed together. have substantial direct effects on the M, part 121 is proposed to be amended (2) The key goal of this rulemaking is States, on the relationship between the as follows: to establish a ‘‘bright line’’ between the national government and the States, or USML and the CCL for the control of on the distribution of power and PART 121—THE UNITED STATES these materials. The public is asked to responsibilities among the various MUNITIONS LIST provide specific examples of explosives levels of government. Therefore, in accordance with Executive Order 13132, 1. The authority citation for part 121 and energetic materials whose continues to read as follows: jurisdiction would be in doubt based on it is determined that this proposed this revision. amendment does not have sufficient Authority: Secs. 2, 38, and 71, Pub. L. 90– federalism implications to require 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, Regulatory Analysis and Notices consultations or warrant the preparation 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105– Administrative Procedure Act of a federalism summary impact statement. The regulations 261, 112 Stat. 1920. The Department of State is of the implementing Executive Order 12372 2. Section 121.1 is amended by opinion that controlling the import and regarding intergovernmental revising U.S. Munitions List Category V export of defense articles and services is consultation on Federal programs and to read as follows: a foreign affairs function of the United activities do not apply to this proposed States Government and that rules amendment. § 121.1 General. The United States implementing this function are exempt Munitions List. from § 553 (Rulemaking) and § 554 Executive Order 12866 * * * * * (Adjudications) of the Administrative The Department is of the opinion that Category V—Explosives and Energetic Procedure Act. Although the controlling the import and export of Materials, Propellants, Incendiary Department is of the opinion that this defense articles and services is a foreign Agents, and Their Constituents rule is exempt from the rulemaking affairs function of the United States provisions of the APA, the Department Government and that rules governing *(a) Explosives, and mixtures thereof, is publishing this rule with a 45-day the conduct of this function are exempt as follows: provision for public comment and from the requirements of Executive (1) ADNBF without prejudice to its determination Order 12866. However, the Department (aminodinitrobenzofuroxan or 7-Amino that controlling the import and export of has reviewed the proposed rule to 4,6-dinitrobenzofurazane-1-oxide) (CAS defense services is a foreign affairs ensure its consistency with the 97096–78–1); function. As noted above, and also regulatory philosophy and principles set (2) BNCP (cis-bis(5-nitrotetrazolato) without prejudice to the Department forth in the Executive Order. tetra amine-cobalt (III) perchlorate) position that this rulemaking is not (CAS 117412–28–9); subject to the APA, the Department Executive Order 13563 (3) CL–14 previously published a related Advance The Department of State has (diaminodinitrobenzofuroxan or 5,7- Notice of Proposed Rulemaking (RIN considered this rule in light of diamino-4,6-dinitrobenzofurazane-1- 1400–AC78), and accepted comments Executive Order 13563, dated January oxide) (CAS 117907–74–1); for 60 days. 18, 2011, and affirms that this regulation (4) CL–20 (HNIW or is consistent with the guidance therein. Hexanitrohexaazaisowurtzitane) (CAS Regulatory Flexibility Act 135285–90–4); clathrates of CL–20; Since the Department is of the Executive Order 12988 (5) CP (2-(5-cyanotetrazolato) penta opinion that this rule is exempt from the The Department of State has reviewed aminecobalt (III) perchlorate) (CAS rulemaking provisions of 5 U.S.C. 553, the proposed amendment in light of 70247–32–4);

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(6) DADE (1,1-diamino-2,2- (21) Polynitrocubanes with more than (viii) PDNT (1-picryl-3,5- dinitroethylene, FOX-7); four nitro groups; dinitrotriazole); or (7) DATB (Diaminotrinitrobenzene) (22) PYX (2,6-Bis(picrylamino)-3,5- (ix) TACOT (CAS 1630–08–6); dinitropyridine) (CAS 38082–89–2); (tetranitrobenzotriazolobenzotriazole) (8) DDFP (1,4- (23) RDX and derivatives, as follows: (CAS 25243–36–1); dinitrodifurazanopiperazine); (i) RDX (37) Energetic ionic materials melting (9) DDPO (2,6-diamino-3,5- (cyclotrimethylenetrinitramine), between 70 and 100 degrees C and with dinitropyrazine-1-oxide, PZO) (CAS cyclonite, T4, hexahydro-1,3,5-trinitro- detonation velocity exceeding 6800 m/ 194486–77–6); 1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza- s or detonation pressure exceeding 18 (10) DIPAM (3,3′-Diamino- cyclohexane, hexogen, or hexogene) GPa (180 kbar); or 2,2′,4,4′,6,6′-hexanitrobiphenyl or (CAS 121–82–4); (38) Explosives, not otherwise dipicramide) (CAS 17215–44–0); (ii) Keto-RDX (K–6 or 2,4,6-trinitro- enumerated in this paragraph or on the (11) DNAN (2,4-Dinitroanisole) (CAS 2,4,6-triazacyclohexanone) (CAS CCL in ECCN 1C608, with a detonation 119–27–7); 115029–35–1); or velocity exceeding 8,000m/s at (12) DNGU (DINGU or (iii) Difluoraminated derivative of maximum density or a detonation dinitroglycoluril) (CAS 55510–04–8); RDX; 1,3-Dinitro-5,5- pressure exceeding 34 Gpa (340 kbar). (13) Furazans, as follows: bis(difluoramino)1,3-diazahexane (CAS *(b) Propellants, as follows: (i) DAAOF (DAAF, DAAFox, or No. 193021–34–0); (1) Any solid propellant with a diaminoazoxyfurazan); (24) TAGN theoretical specific impulse (see (ii) DAAzF (diaminoazofurazan) (CAS (Triaminoguanidinenitrate) (CAS 4000– paragraph (k)(4) of this category) greater 78644–90–3); 16–2); than: (iii) ANF (Furazanamine, 4-nitro- or 3- (25) TATB (Triaminotrinitrobenzene) (i) 240 seconds for non-metallized, Amino-4-nitrofurazan; or 4-Nitro-1,2,5- (CAS 3058–38–6); non-halogenated propellant; oxadiazol-3-amine; or 4-Nitro-3- (26) TEDDZ (3,3,7,7- (ii) 250 seconds for non-metallized, furazanamine; CAS 66328–69–6); or tetrakis(difluoroamine) octahydro-1,5- halogenated propellant; or (iv) ANAzF (Aminonitroazofurazan or dinitro-1,5-diazocine; (iii) 260 seconds for metallized 1,2,5-Oxadiazol-3-amine, 4-[2-(4-nitro- (27) Tetrazines, as follows: propellant; (i) BTAT (Bis(2,2,2-trinitroethyl)-3,6- 1,2,5-oxadiazol-3-yl) diazenyl]; or 1,2,5- (2) Propellants having a force constant diaminotetrazine); or Oxadiazol-3-amine, 4-[(4-nitro-1,2,5- of more than 1,200 kJ/Kg; (ii) LAX-112 (3,6-diamino-1,2,4,5- oxadiazol-3-yl)azo]-(9CI); or (3) Propellants that can sustain a tetrazine-1,4-dioxide); Furazanamine, 4-[(nitrofurananyl)azo]-; steady-state burning rate more than or 4-[(4-Nitro-1,2,5-oxadiazol-3-yl)azo]- (28) Tetrazoles, as follows: (i) NTAT (nitrotriazolaminotetrazole); 38mm/s under standard conditions (as 1,2,5-oxadiazol-3-amine) (CAS 155438– measured in the form of an inhibited 11–2); or (ii) NTNT (1-N-(2-nitrotriazolo)-4- single strand) of 6.89 Mpa (68.9 bar) (14) GUDN (Guanylurea dinitramide) ° nitrotetrazole); pressure and 294K (21 C); or FOX-12 (CAS 217464–38–5); (29) Tetryl (trinitrophenylmethyl (4) Elastomer-modified cast double- (15) HMX and derivatives, as follows: nitramine) (CAS 479–45–8); based propellants with extensibility at (i) HMX (30) TEX (4,10-Dinitro-2,6,8,12- maximum stress greater than 5% at 233 (Cyclotetramethylenetetranitramine; tetraoxa-4,10-diazaisowurtzitane) K (¥40 °C). octahydro-1,3,5,7-tetranitro-1,3,5,7- (31) TNAD (1,4,5,8-tetranitro-1,4,5,8- (c) Pyrotechnics, fuels and related tetrazine; 1,3,5,7-tetranitro-1,3,5,7- tetraazadecalin) (CAS 135877–16–6); substances, and mixtures thereof, as tetraza-cyclooctane; octogen, octogene) (32) TNAZ (1,3,3-trinitroazetidine) follows: (CAS 2691–41–0); (CAS 97645–24–4); (1) Alane (aluminum hydride) (CAS (ii) Difluoroaminated analogs of HMX; (33) TNGU (SORGUYL or tetranitro 7784–21–6); or glycoluril) (CAS 55510–03–7); (2) Carboranes; decaborane (CAS (iii) K–55 (2,4,6,8-tetranitro-2,4,6,8- (34) TNP (1,4,5,8-tetranitro- 17702–41–9); pentaborane and tetraazabicyclo [3,3,0]-octanone-3, pyridazino [4,5-d] pyridazine) (CAS derivatives thereof; tetranitrosemiglycouril, or keto-bicyclic 229176–04–9); (3) Liquid high energy density fuels, HMX) (CAS 130256–72–3); (35) Triazines, as follows: as follows: (16) HNAD (hexanitroadamantane) (i) DNAM (2-oxy-4,6-dinitroamino-s- (i) Mixed fuels that incorporate both (CAS 143850–71–9); triazine) (CAS 19899–80–0); or solid and liquid fuels, such as boron (17) HNS (hexanitrostilbene) (CAS (ii) NNHT (2-nitroimino-5-nitro- slurry, having a mass-based energy 20062–22–0); hexahydro-1,3,5 triazine) (CAS 130400– density of 40 MJ/kg or greater; or (18) Imidazoles, as follows: 13–4); (ii) Other high energy density fuels (i) BNNII (Octohydro-2,5- (36) Triazoles, as follows: and fuel additives (e.g., cubane, ionic bis(nitroimino) imidazo [4,5- (i) 5-azido-2-nitrotriazole; solutions, JP–7, JP–10) having a volume- d]imidazole); (ii) ADHTDN (4-amino-3,5- based energy density of 37.5 GJ per (ii) DNI (2,4-dinitroimidazole) (CAS dihydrazino-1,2,4-triazole dinitramide) cubic meter or greater, measured at 20 5213–49–0); (CAS 1614–08–0); °C and one atmosphere (101.325 kPa) (iii) FDIA (1-fluoro-2,4- (iii) ADNT (1-amino-3,5-dinitro-1,2,4- pressure; dinitroimidazole); triazole); (iv) NTDNIA (N-(2-nitrotriazolo)-2,4- (iv) BDNTA Note to paragraph (c)(3)(ii): JP–4, JP–8, dinitro-imidazole); or (Bis(dinitrotriazole)amine); fossil refined fuels or biofuels, or fuels for (v) PTIA (1-picryl-2,4,5- (v) DBT (3,3′-dinitro-5,5-bi-1,2,4- engines certified for use in civil aviation are not included. trinitroimidazole); triazole) (CAS 30003–46–4); (19) NTNMH (1-(2-nitrotriazolo)-2- (vi) DNBT (dinitrobistriazole) (CAS (4) Metal fuels, and fuel or dinitromethylene hydrazine); 70890–46–9); pyrotechnic mixtures in particle form (20) NTO (ONTA or 3-nitro-1,2,4- (vii) NTDNT (1-N-(2-nitrotriazolo) 3,5- whether spherical, atomized, triazol-5-one) (CAS 932–64–9); dinitro-triazole); spheroidal, flaked, or ground,

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manufactured from material consisting (8) Hydrazine nitrate (CAS 37836–27– (18) Low (less than 10,000) molecular of 99% or more of any of the following: 4); weight, alcohol-functionalized, (i) Metals, and mixtures thereof, as (9) Hydrazine perchlorate (CAS poly(epichlorohydrin); follows: 27978–54–7); poly(epichlorohydrindiol); and triol; (A) Beryllium (CAS 7440–41–7) in (10) Liquid oxidizers comprised of or (19) Dinitropropyl based plasticizers, particle sizes of less than 60 containing inhibited red fuming nitric as follows: micrometers; or acid (IRFNA) (CAS 8007–58–7) or (i) BDNPA (bis (2,2-dinitropropyl) (B) Iron powder (CAS 7439–89–6) oxygen difluoride; or acetal) (CAS 5108–69–0); or with particle size of 3 micrometers or (11) Perchlorates, chlorates, and (ii) BDNPF (bis (2,2-dinitropropyl) less produced by reduction of iron oxide chromates composited with powdered formal) (CAS 5917–61–3). with hydrogen; metal or other high energy fuel (f) Additives, as follows: (ii) Fuel mixtures or pyrotechnic components controlled by this category. (1) Basic copper salicylate (CAS mixtures, which contain any of the *(e) Binders, and mixtures thereof, as 62320–94–9); following: follows: (2) BHEGA (Bis-(2- (A) Boron (CAS 7440–42–8) or boron (1) AMMO hydroxyethyl)glycolamide) (CAS carbide (CAS 12069–32–8) fuels of 85% (azidomethylmethyloxetane and its 17409–41–5); purity or higher and particle sizes of polymers) (CAS 90683–29–7); (3) BNO (Butadienenitrile oxide); less than 60 micrometers; or (2) BAMO (bis(azidomethyl)oxetane (4) Ferrocene derivatives, as follows: (B) Zirconium (CAS 7440–67–7), and its polymers) (CAS 17607–20–4); (i) Butacene (CAS 125856–62–4); magnesium (CAS 7439–95–4), or alloys (3) BTTN (butanetriol trinitrate) (CAS (ii) Catocene (2,2–Bis- of these in particle sizes of less than 60 6659–60–5); ethylferrocenylpropane) (CAS 37206– micrometers; (4) FAMAO (3-difluoroaminomethyl- 42–1); (iii) Explosives and fuels containing 3-azidomethyloxetane) and its (iii) Ferrocene carboxylic acids and the metals or alloys listed in paragraphs polymers; ferrocene carboxylic acid esters; (c)(4)(i) and (c)(4)(ii) of this category (5) FEFO (bis(2-fluoro-2,2- (iv) n-butylferrocene (CAS 31904–29– whether or not the metals or alloys are dinitroethyl)formal) (CAS 17003–79–1); 7); encapsulated in aluminum, magnesium, (6) GAP (glycidyl azide polymer) (v) Ethylferrocene (CAS 1273–89–8); zirconium, or beryllium; (CAS 143178–24–9) and its derivatives; (vi) Propylferrocene; (5) Fuel, pyrotechnic, or energetic (7) HTPB (hydroxyl-terminated (vii) Pentylferrocene (CAS 1274–00– mixtures having any nanosized polybutadiene) with a hydroxyl 6); aluminum, beryllium, boron, zirconium, functionality equal to or greater than 2.2 (viii) Dicyclopentylferrocene; magnesium, or titanium as follows: and less than or equal to 2.4, a hydroxyl (ix) Dicyclohexylferrocene; (i) Having particle size less than 200 value of less than 0.77 meq/g, and a (x) Diethylferrocene (CAS 173–97–8); nm in any direction; and viscosity at 30 °C of less than 47 poise (xi) Dipropylferrocene; (ii) Having 60% or higher purity; (CAS 69102–90–5); (xii) Dibutylferrocene (CAS 1274–08– (6) Pyrotechnic and pyrophoric (8) 4,5 diazidomethyl-2-methyl-1,2,3- 4); materials, as follows: (xiii) Dihexylferrocene (CAS 93894– (i) Pyrotechnic or pyrophoric triazole (iso- DAMTR); (9) NENAS (nitratoethylnitramine 59–8); materials specifically formulated to compounds) as follows: (xiv) Acetylferrocene (CAS 1271–55– enhance or control the production of (i) N-Methyl 2-nitratoethylnitramine 2)/1,1′-diacetyl ferrocene (CAS 1273– radiated energy in any part of the IR (Methyl-NENA) (CAS 17096–47–8); 94–5); or spectrum; or (xv) Other ferrocene derivatives that (ii) Mixtures of magnesium, (ii) N-Ethyl 2-nitratoethylnitramine do not contain a six carbon aromatic polytetrafluoroethylene and the (Ethyl-NENA) (CAS 85068–73–1); (iii) N-Propyl 2-nitratoethylnitramine functional group attached to the copolymer vinylidene difluoride and (CAS 82486–83–7); ferrocene molecule; hexafluoropropylene (MTV); (5) Lead beta-resorcylate (CAS 20936– (7) Titanium subhydride (TiHn) of (iv) N-Butyl-2-nitratoethylnitramine 32–7); stoichiometry equivalent to n = 0.65– (BuNENA) (CAS 82486–82–6); or (6) Lead citrate (CAS 14450–60–3); 1.68; or (v) N-Pentyl 2-nitratoethylnitramine (8) Hydrocarbon fuels specially (CAS 85954–06–9); (7) Lead-copper chelates of beta- formulated for use in flame throwers or (10) Poly-NIMMO (poly resorcylate or salicylates (CAS 68411– incendiary munitions containing metal nitratomethylmethyoxetane, poly- 07–4); (8) Lead maleate (CAS 19136–34–6); stearates (e.g., octal) or palmitates, and NMMO, (poly[3-nitratomethyl-3-methyl (9) Lead salicylate (CAS 15748–73–9); M1, M2, and M3 thickeners. oxetane]) (CAS 84051–81–0); (d) Oxidizers, as follows: (11) PNO (Poly(3-nitratooxetane)); (10) Lead stannate (CAS 12036–31–6); (1) ADN (ammonium dinitramide or (12) TVOPA 1,2,3-Tris [1,2- (11) MAPO (tris-1-(2-methyl) SR–12) (CAS 140456–78–6); bis(difluoroamino)ethoxy]propane; tris aziridinylphosphine oxide) (CAS 57– (2) AP (ammonium perchlorate) (CAS vinoxy propane adduct (CAS 53159–39– 39–6); BOBBA–8 (bis(2-methyl 7790–98–9); 0); aziridinyl)-2-(2-hydroxypropanoxy) (3) BDNPN (bis(2,2- (13) Polynitrorthocarbonates; propylamino phosphine oxide); and dinitropropyl)nitrate) (CAS 28464–24– (14) FPF-1 (poly-2,2,3,3,4,4- other MAPO derivatives; 6); hexafluoro pentane-1,5-diolformal) (12) Methyl BAPO (Bis(2-methyl (4) DNAD (1,3-dinitro-1,3-diazetidine) (CAS 376–90–9); aziridinyl)methylaminophosphine (CAS 78246–06–7); (15) FPF-3 (poly-2,4,4,5,5,6,6- oxide) (CAS 85068–72–0); (5) HAN (Hydroxylammonium nitrate) heptafluoro-2-trifluoromethyl-3- (13) 3–Nitraza-1,5-pentane (CAS 13465–08–2); oxaheptane-1,7-diolformal); diisocyanate (CAS 7406–61–9); (6) HAP (hydroxylammonium (16) PGN (Polyglycidyl nitrate or (14) Organo-metallic coupling agents, perchlorate) (CAS 15588–62–2); poly(nitratomethyloxirane); poly- as follows: (7) HNF (Hydrazinium nitroformate) GLYN); (CAS 27814–48–8); (i) Neopentyl[diallyl]oxy, tri [dioctyl] (CAS 20773–28–8); (17) N-methyl-p-nitroaniline; phosphatotitanate (CAS 103850–22–2);

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also known as titanium IV, 2,2[bis 2- (8) 1,2,4-trihydroxybutane (1,2,4- (3) Paragraph (c)(4)(ii)(A) of this propenolato-methyl, butanolato, tris butanetriol) (CAS 3068–00–6). category does not control boron and (dioctyl) phosphato] (CAS 110438–25– (h) Any explosive, propellant, boron carbide enriched with boron-10 0), or LICA 12 (CAS 103850–22–2); pyrotechnic, fuel, oxidizer, binder, (20% or more of total boron-10 content). (ii) Titanium IV, [(2-propenolato-1) additive, or precursor that: (4) Theoretical specific impulse (Isp) methyl, n-propanolatomethyl] (1) is classified; is calculated using standard conditions butanolato-1, (2) is manufactured using classified (1000 psi chamber pressure expanded to tris(dioctyl)pyrophosphate, or KR3538; production data; or 14.7 psi) and measured in units of or (3) is being developed using classified pound-force-seconds per pound-mass (iii) Titanium IV, [(2-propenolato- information. (lbf-s/lbm) or simplified to seconds (s). 1)methyl, propanolatomethyl] ‘‘Classified’’ means classified Calculations will be based on shifting butanolato-1, tris(dioctyl) phosphate; pursuant to Executive Order 13526, or equilibrium. (15) PCDE predecessor order, and a security (5) Particle size is the mean particle (Polycyanodifluoroaminoethylene classification guide developed pursuant diameter on a weight basis. Best oxide); thereto or equivalent, or to the industrial practices will be used in (16) Certain bonding agents, as corresponding classification rules of determining particle size and the follows: another government. controls may not be undermined by (i) 1,1R,1S-trimesoyl-tris(2- (i) Developmental explosives, addition of larger or smaller sized ethylaziridine) (HX–868, BITA) (CAS propellants, pyrotechnics, fuels, material to shift the mean diameter. 7722–73–8); or oxidizers, binders, additives, or Note 1: To assist the exporter, an item has (ii) Polyfunctional aziridine amides precursors therefor developed under a been categorized by the most common use. with isophthalic, trimesic, isocyanuric, contract with the U.S. Government not Also, where appropriate, references have or trimethyladipic backbone also having otherwise controlled under this been provided to the related controlled a 2-methyl or 2-ethyl aziridine group; category. precursors. Note to paragraph (f)(16)(ii): Included (j) Technical data (as defined in Note 2: Chemical Abstract Service (CAS) are 1) 1,1H-Isophthaloyl-bis(2- § 120.10 of this subchapter) and defense methylaziridine) (HX–752) (CAS 7652– registry numbers do not cover all the services (as defined in § 120.9 of this substances and mixtures controlled by this 64–4); 2) 2,4,6-tris(2-ethyl-1-aziridinyl)- subchapter) directly related to the category. The numbers are provided as 1,3,5-triazine (HX–874) (CAS 18924–91– examples to assist government agencies in ′ defense articles numerated in 9); and 3) 1,1 -trimethyladipoylbis(2- paragraphs (a) through (i) of this the license review process and exporters ethylaziridine) (HX–877) (CAS 71463– category (see also § 123.20 of this when completing their license application 62–2). subchapter). and export documentation. (17) Superfine iron oxide (Fe O 2 3, (k) The following interpretations hematite) with a specific surface area * * * * * explain and amplify the terms used in more than 250 m2/g and an average Dated: April 24, 2012. this category and elsewhere in this particle size of 0.003 micrometers or Rose E. Gottemoeller, subchapter: less (CAS 1309–37–1); (1) Category V contains explosives, Acting Under Secretary, Arms Control and (18) TEPAN (HX–879) International Security, Department of State. energetic materials, propellants, and (tetraethylenepentaamineacrylonitrile) pyrotechnics and specially formulated [FR Doc. 2012–10455 Filed 5–1–12; 8:45 am] (CAS 68412–45–3); cyanoethylated fuels for aircraft, missile, and naval BILLING CODE 4710–25–P polyamines and their salts; (19) TEPANOL (HX–878) (tetraethy applications. Explosives are solid, liquid, or gaseous substances or lenepentaamineacrylonitrileglycidol) DEPARTMENT OF THE INTERIOR (CAS 110445–33–5); cyanoethylated mixtures of substances, which, in their polyamines adducted with glycidol and primary, booster, or main charges in warheads, demolition, or other military Office of Surface Mining Reclamation their salts; and Enforcement (20) TPB (triphenyl bismuth) (CAS applications, are required to detonate. (2) The resulting product of the 603–33–8); or 30 CFR Part 943 (21) Tris (ethoxyphenyl) bismuth combination or conversion of any (TEPB) (CAS 90591–48–3). substance controlled by this category [SATS No. TX–060–FOR; Docket ID: OSM– (g) Precursors, as follows: into an item not controlled will no 2012–0007] longer be controlled by this category (1) BCMO (bischloromethyloxetane) Texas Regulatory Program (CAS 142173–26–0); provided the controlled item cannot (2) DADN (1,5-diacetyl-3,7-dinitro-1, easily be recovered through dissolution, AGENCY: Office of Surface Mining 3, 5, 7-tetraazacyclooctane; melting, sieving, etc. As an example, Reclamation and Enforcement, Interior. (3) Dinitroazetidine-t-butyl salt (CAS beryllium converted to a near net shape ACTION: Proposed rule; public comment 125735–38–8); using hot isostatic processes will result period and opportunity for public (4) CL–20 precursors (any molecule in an uncontrolled part. A cured hearing on proposed amendment. containing hexaazaisowurtzitane) (e.g., thermoset containing beryllium powder HBIW is not controlled unless meeting an SUMMARY: We, the Office of Surface (hexabenzylhexaazaisowurtzitane), explosive or propellant control. The Mining Reclamation and Enforcement TAIW (tetraacetyldibenzylhexa- mixture of beryllium powder in a cured (OSM), are announcing receipt of a azaisowurtzitane)); thermoset shape is not controlled by proposed amendment to the Texas (5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5, this category. The mixture of controlled regulatory program (Texas program) 7-tetraazacyclooctane) (CAS 41378–98– beryllium powder mixed with a typical under the Surface Mining Control and 7); propellant binder will remain controlled Reclamation Act of 1977 (SMCRA or the (6) Tetraazadecalin (CAS 5409–42–7); by this category. The addition of dry Act). Texas proposes revisions to its (7) 1,3,5-trichlorobenzene (CAS 108– silica powder to dry beryllium powder regulations regarding: definitions; 70–3); or will remain controlled. review of permit applications; criteria

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