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Dated: December 17, 2013. All references to the USML in this Pursuant to ECR, the Department of Rose E. Gottemoeller, rule are to the list of defense articles Commerce has been publishing Acting Under Secretary, Arms Control and controlled for the purpose of export or revisions to the EAR, including various International Security, Department of State. temporary import pursuant to the ITAR, revisions to the CCL. Revision of the [FR Doc. 2013–30625 Filed 12–31–13; 8:45 am] and not to the defense articles on the USML and CCL are coordinated so there BILLING CODE 4710–25–P USML that are controlled by the Bureau is uninterrupted regulatory coverage for of Alcohol, Tobacco, Firearms and items moving from the jurisdiction of Explosives (ATF) for the purpose of the Department of State to that of the DEPARTMENT OF STATE permanent import under its regulations. Department of Commerce. The See 27 CFR part 447. Pursuant to section Department of Commerce’s companion 22 CFR Parts 121, 123, 124, and 125 38(a)(1) of the Arms Export Control Act to this rule is, ‘‘Control of Military RIN 1400–AD46 (AECA), all defense articles controlled Training Equipment, Energetic for export or import are part of the Materials, Personal Protective [Public Notice 8580] USML under the AECA. For the sake of Equipment, Shelters, Articles Related to Launch Vehicles, Missiles, Rockets, Amendment to the International Traffic clarity, the list of defense articles Military Explosives, and Related Items.’’ in Arms Regulations: Third Rule controlled by ATF for the purpose of It is published elsewhere in this edition Implementing Export Control Reform permanent import is the U.S. Munitions Import List (USMIL). The transfer of of the Federal Register. AGENCY: Department of State. defense articles from the ITAR’s USML Changes in This Rule ACTION: Final rule. to the EAR’s CCL for the purpose of export control does not affect the list of The following changes are made to SUMMARY: As part of the President’s defense articles controlled on the the ITAR with this final rule: (i) Export Control Reform (ECR) effort, the USMIL under the AECA for the purpose Revision of U.S. Munitions List (USML) Department of State is amending the of permanent import. Categories IV (Launch Vehicles, Guided International Traffic in Arms Missiles, Ballistic Missiles, Rockets, Regulations (ITAR) to revise five more Export Control Reform Update Torpedoes, Bombs, and Mines), V (Explosives and Energetic Materials, U.S. Munitions List (USML) categories Pursuant to the President’s Export Propellants, Incendiary Agents, and and provide other changes. The Control Reform (ECR) initiative, the Their Constituents), IX (Military revisions contained in this rule are part Department published proposed Training Equipment), X (Personal of the Department of State’s revisions to thirteen USML categories— Protective Equipment), and XVI retrospective plan under E.O. 13563. and upon the effective date of this rule (Nuclear Weapons Related Articles); (ii) DATES: This rule is effective July 1, will have revised fifteen USML 2014. addition of a definition for the term categories—to create a more positive ‘‘equipment’’; (iii) continued FOR FURTHER INFORMATION CONTACT: Ms. control list and eliminate, where implementation of a new licensing Sarah J. Heidema, Deputy Director, possible, ‘‘catch all’’ controls in the procedure for the export of items subject Office of Defense Trade Controls Policy, USML. The Department, along with the to the EAR that are to be exported with Department of State, telephone (202) Departments of Commerce and Defense, defense articles; and (iv) related changes 663–2809; email DDTCResponseTeam@ reviewed the public comments the to other ITAR sections. state.gov. ATTN: Regulatory Change, Department received on the proposed Third ECR Final Rule. The Department rules and, where appropriate, revised Revision of USML Category IV of State’s full retrospective plan can be the rules. A discussion of the comments This final rule revises USML Category accessed at http://www.state.gov/ relevant to the USML categories that are IV, covering launch vehicles, guided documents/organization/181028.pdf. part of this rule is included later on in missiles, ballistic missiles, rockets, SUPPLEMENTARY INFORMATION: The this rule. The Department continues to torpedoes, bombs, and mines, to Directorate of Defense Trade Controls review the remaining USML categories describe more precisely the articles (DDTC), U.S. Department of State, and will publish them as proposed rules warranting control on the USML. administers the International Traffic in in the coming months. Paragraph (a) is revised to remove Arms Regulations (ITAR) (22 CFR parts Discussions of the public comments demolition blocks and blasting caps, 120–130). The items subject to the relevant to six of the USML categories and to add subparagraphs (1) through jurisdiction of the ITAR, i.e., ‘‘defense that have been published as final rules (12) to more clearly describe the articles articles’’ and ‘‘defense services,’’ are are in ‘‘Amendment to the International controlled in (a). ITAR § 121.11, which identified on the ITAR’s U.S. Munitions Traffic in Arms Regulations: Initial further describes demolition blocks and List (USML) (22 CFR 121.1). With few Implementation of Export Control blasting caps, is removed. Paragraphs (b) exceptions, items not subject to the Reform,’’ published April 16, 2013 (78 and (d) are revised to more specifically export control jurisdiction of the ITAR FR 22740), and ‘‘Amendment to the enumerate the articles controlled are subject to the jurisdiction of the International Traffic in Arms therein. The articles of paragraph (e), Export Administration Regulations Regulations: Continued Implementation military explosive excavating devices, (‘‘EAR,’’ 15 CFR parts 730–774, which of Export Control Reform,’’ published are transferred to the jurisdiction of the includes the Commerce Control List July 8, 2013 (78 FR 40922). These rules Department of Commerce under ECCN (CCL) in Supplement No. 1 to part 774), also contain policies and procedures 0A604.b. The articles of paragraph (f), administered by the Bureau of Industry regarding the licensing of items moving ablative materials, were moved to USML and Security (BIS), U.S. Department of from the export jurisdiction of the Category XIII(d) (see 78 FR 40922). Commerce. Both the ITAR and the EAR Department of State to the Department Paragraph (h) is revised by removing its impose license requirements on exports, of Commerce, a definition for specially broad catch-all wording and adding reexports, and retransfers. Items not designed, responses to public subparagraphs (1) through (29) to subject to the ITAR or to the exclusive comments, and changes to other specifically enumerate the articles licensing jurisdiction of any other set of sections of the ITAR that affect the controlled in that paragraph. In regulations are subject to the EAR. categories discussed in this rule. addition, articles common to the Missile

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Technology Control Regime (MTCR) export apart from the ITAR controlled One commenting party requested Annex and articles in this category are technical data. clarification of whether there are identified with the parenthetical ‘‘(MT)’’ In response to two commenting sounding or research rockets not at the end of each section containing parties’ requests for clarification, controlled under the USML. The such articles. ‘‘payload fairings’’ controlled under Department clarifies that all such A new ‘‘(x) paragraph’’ has been paragraph (h) has been revised to rockets are controlled under USML added to USML Category IV, allowing control for ‘‘rocket or missile payload Category IV. ITAR licensing for commodities, fairings.’’ Two commenting parties observed software, and technical data subject to Two commenting parties that the issue of control of commercial the EAR provided those commodities, recommended changing the MT control space flight was not addressed in the software, and technical data are to be text used in paragraph (h) from the USML Category IV proposed rule. This used in or with defense articles criterion of ‘‘usable in’’ to that of matter is dealt with in the USML controlled in USML Category IV and are ‘‘specially designed’’ so as to prevent Category XV proposed rule, which was described in the purchase capture of items not intended to be published on May 24, 2013 (see 78 FR documentation submitted with the controlled for MT reasons. The 31444). The Department will respond to application. Department did not accept this comments on the substance of that rule, This revision of USML Category IV recommendation because to do so including commercial space flight, in a was first published as a proposed rule would be in contravention of the Missile separate final rule. (RIN 1400–AD19) on January 31, 2013, Technology Control Regime Annex. In explaining the use of the term ‘‘usable Revision of USML Category V for public comment (see 78 FR 6765). This final rule revises USML Category The comment period ended March 18, in,’’ the MTCR Annex provides that, ‘‘there is no need for the equipment, V, covering explosives and energetic 2013. The public comments were parts, components or ‘software’ to have materials, propellants, incendiary reviewed and considered by the been configured, modified or specified agents, and their constituents, to Department and other agencies. The for the particular purpose.’’ establish a clear ‘‘bright line’’ between Department’s evaluation of the written One commenting party recommended the USML and the CCL for the control comments and recommendations controlling ‘‘pulse weapons’’ under of these articles. follows. USML Category IV. The control of these One major change of this rule is the The Department received proposals articles will be addressed in a future listing of specific materials that warrant for alternative phrasing of the regulatory rule that will address USML Category ITAR control caught by former ‘‘catch- text in USML Category IV. When the XVIII. all’’ paragraphs. Examples of materials recommended changes added to the In response to two commenting added because of deletion of catch-all clarity of the regulation and were parties’ recommendations, the paragraphs are as follows: Tetrazines consistent with ECR objectives, the Department revised Note 1 to paragraph (BTAT (Bis(2,2,2-trinitroethyl)-3,6- Department accepted them. (b) to clarify that non-SLV launcher diaminotetrazine); LAX–112 (3,6- One commenting party observed that, mechanisms for use on aircraft are diamino- 1,2,4,5-tetrazine- 1,4-dioxide); with regard to technical data directly controlled under USML Category VIII. PNO (Poly(3-nitrato oxetane); 4,5 related to a defense article controlled on One commenting party inquired diazidomethyl-2-methyl-1,2,3-triazole the USML and unclassified technical whether the use of a Missile Technology (iso- DAMTR)); TEPB (Tris data directly related to parts and (MT) component in conjunction with (ethoxyphenyl) bismuth) (CAS 90591– components of the defense article that non-MT components renders the whole 48–3); and TEX (4,10-Dinitro-2,6,8,12- are controlled on the CCL, insofar as the item MT-controlled. The Department tetraoxa-4,10-diazaisowurtzitane). parts and components are directly notes that the MTCR guidelines provide Materials once captured in the catch-all related to the defense article, certain of the following: If a Category I item is paragraphs that do not warrant control the technical data directly related to the included in a system, that system will on the USML are to be controlled on the defense article by virtue of being also be considered as Category I, except CCL. Examples of such materials directly related to the parts and when the incorporated item cannot be removed from various catch-all components of the defense article would separated, removed, or duplicated. The paragraphs and controlled on the CCL not be captured by the technical data ITAR will follow the same policy in are spherical aluminum powder and control paragraph, depending on such circumstances, and the Department hydrazine and its derivatives. whether the parts and components are placed a note in USML Category IV to Articles common to the MTCR Annex part of the defense article at the point this effect. and articles in this category are of export, or are proposed for export The Department accepted the identified with the parenthetical ‘‘(MT)’’ apart from the defense article. The recommendation of one commenting at the end of each section containing commenting party discerns an export party to control under paragraph (h) such articles. jurisdictional conflict. The Department pneumatic flight control systems, in A new ‘‘(x) paragraph’’ has been clarifies that unclassified technical data addition to hydraulic, mechanical, added to USML Category V, allowing directly related to the parts and electro-optical, or electromechanical ITAR licensing for commodities, components that are controlled under flight control systems already software, and technical data subject to the CCL would not be controlled under enumerated therein. the EAR provided those commodities, the ITAR. The Department would, In response to the recommendation of software, and technical data are to be however, have export jurisdiction over one commenting party, the Department used in or with defense articles aggregated technical data that included revised the note to paragraph (h)(17) to controlled in USML Category V and are technical data directly related to a provide more accurate guidance for described in the purchase defense article. Unclassified technical determining the export jurisdiction of documentation submitted with the data directly related to parts and spacecraft: Exporters should consult application. components that would be controlled USML Category XV and, if the This revision of USML Category V under the CCL would remain subject to spacecraft is not described therein, then was first published as a proposed rule the EAR if they were proposed for CCL ECCN 9A515. (RIN 1400–AD02) on May 2, 2012, for

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public comment (see 77 FR 25944). The category. Paragraph (b) is revised to categories. The Department did not comment period ended June 18, 2012. more specifically describe the items accept this recommendation because, in The public comments were reviewed (simulators) controlled therein. Tooling this instance, the enumerated software and considered by the Department and and production equipment, formerly is the object of control. The Department other agencies. The Department’s controlled in paragraph (c), are covered believes that the control for software in evaluation of the written comments and on the CCL in ECCN 0B614. other categories is clear. recommendations follows. Radar target generators are to be To address the concerns of one One commenting party recommended controlled in USML Category XI(a). commenting party that paragraph (a)(2) quantifying the level of concentration Until the revised USML Category XI would control articles outside the that would establish USML control of goes into effect, radar target generators definition of a defense article, the certain items that have commercial are enumerated in paragraph (a). Department added a note to that applications. For two of these items— Similarly, infrared scene generators are paragraph explaining that mockups of RDX and its derivatives and HMX and enumerated in paragraph (a), although defense articles that do not reveal its derivatives—the MTCR Annex does the intention is to control them in a technical data and do not contain parts, not provide for a minimum level for revised USML Category XII. components, accessories, or attachments establishing control as a munitions item. Upon the effective date of this rule controlled on the USML are themselves For the other two—Tetryl and 1,3,5- USML Category IX will not contain not controlled on the USML. controls on all generic parts, trichlorobenezene—the Department Revision of USML Category X determined that there is no minimum components, accessories, and level for identifying military utility or attachments (formerly captured in This final rule revises USML Category lack thereof. Therefore, the Department paragraph (d)) that are in any way X, covering personal protective did not accept this recommendation. specifically designed or modified for a equipment, in order to establish a In response to one commenting defense article described in USML ‘‘bright line’’ between the USML and the party’s concern that the changing of a Category IX, regardless of their CCL for the control of these articles. control criterion for explosives in significance to maintaining a military The title of the category is changed to paragraph (a)(38) may lead to the advantage for the United States. These remove reference to shelters, as those control under the USML of articles items are subject to the new 600 series items formerly enumerated in paragraph previously determined to be controlled controls in Category 0 of the CCL, (b) (permanent or transportable shelters under the CCL, the Department reverted published separately by the Department specifically designed or modified to to the previously-provided threshold of of Commerce elsewhere in this issue of protect against ballistic shock or impact 8,700m/s. the Federal Register. and nuclear, biological, or chemical One commenting party recommended A new ‘‘(x) paragraph’’ has been contamination) are now subject to the removal of the control for added to USML Category IX, allowing EAR and controlled under ECCN 1A613. developmental explosives, etc., when ITAR licensing for commodities, Body armor enumerated in paragraph developed under a contract with the software, and technical data subject to (a)(1) is that which meets or exceeds NIJ U.S. Government because this would the EAR provided those commodities, Standard-0101.06 Type IV. Type III stymie university fundamental research. software, and technical data are to be body armor formerly on the USML is The Department does not accept this used in or with defense articles controlled on the CCL under ECCN recommendation, but revised paragraph controlled in USML Category IX and are 1A613. Anti-gravity suits, pressure (i) to qualify the control of such articles described in the purchase suits, and atmosphere diving suits, under development. documentation submitted with the formerly controlled in paragraphs (a)(3), The Department did not accept the application. (a)(4), and (a)(5), respectively, are now recommendation of one commenting This revision of USML Category IX subject to the EAR. Paragraph (a)(7) party to adopt the American Society for was first published as a proposed rule controls certain protective goggles, Metals definition for ‘‘alloy’’ so as to (RIN 1400–AD02) on June 13, 2012, for spectacles, and visors with an optical clarify the controls provided in public comment (see 77 FR 35317). The density of greater than 3. paragraphs (c)(4)(ii)(B) and (c)(4)(iii) comment period ended July 30, 2012. Equipment for the production of because the context of the controls The public comments were reviewed articles covered in this category (former makes clear that any alloys of materials and considered by the Department and paragraph (c)), are controlled on the covered in those paragraphs would other agencies. The Department’s CCL under ECCN 1B613. automatically meet the criteria of that evaluation of the written comments and Paragraph (d), which controls parts, definition of alloy. recommendations follows. components, assemblies, accessories, The Department received proposals attachments, and associated equipment, Revision of USML Category IX for alternative phrasing of the regulatory is limited in scope to include only This final rule revises USML Category text in USML Category IX. When the ceramic or composite body armor plates, IX, covering military training recommended changes added to the laser protective lenses and other equipment, to more accurately describe clarity of the regulation, did not alter materials for the articles enumerated in the articles within this category in order the intended scope of the control, and paragraph (a)(7), and classified to establish a ‘‘bright line’’ between the were consistent with ECR objectives, the hardware. As with the revision of other USML and the CCL for the control of Department accepted them. categories, USML Category X will not these articles. One commenting party recommended control generic, non-specific parts, The title of the category is changed to the removal of paragraph (b)(4), which components, accessories, and indicate that it covers training covers software used for modeling or attachments that are in any way equipment only. Training on a defense simulation, as the control of software specifically designed or modified for a article would be a defense service elsewhere on the USML is related to defense article, regardless of their covered under the category in which the hardware. The commenting party was significance to maintaining a military defense article is enumerated. concerned that treating it differently advantage for the United States. These Paragraph (a) lists all the types of here may cause confusion over what items are subject to the new 600 series training equipment covered in this software is controlled in other controls in Category 1 of the CCL,

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published separately by the Department described in USML Category XVI to the This paragraph would control of Commerce. extent that exports of such articles, accessories for articles controlled in A new ‘‘(x) paragraph’’ has been technical data, or services are under the paragraph (b). added to USML Category X, allowing export control of the Department of One commenting party recommended ITAR licensing for commodities, Energy or the Nuclear Regulatory including a note that USML Category software, and technical data subject to Commission pursuant to the Atomic XVI does not control modeling or the EAR provided those commodities, Energy Act of 1954, as amended, and simulation tools that are controlled by software, and technical data are to be the Nuclear Non-Proliferation Act of the Department of Energy pursuant to used in or with defense articles 1978, as amended, or are pursuant to a the Atomic Energy Act. The Department controlled in USML Category X and are government transfer authorized did not accept this recommendation described in the purchase pursuant to these Acts. because ITAR § 123.20 explicitly states documentation submitted with the USML Category XVI will continue to that the ITAR does not apply to nuclear application. control modeling or simulation tools weapon-related articles to the extent This revision of USML Category X that model or simulate the that such articles are under the control was first published as a proposed rule environments generated by nuclear of the Department of Energy or the (RIN 1400–AD16) on June 7, 2012, for detonations or the effects of these Nuclear Regulatory Commission public comment (see 77 FR 33698). The environments on systems, subsystems, pursuant to the Atomic Energy Act of comment period ended July 23, 2012. components, structures, or humans, and 1954, as amended, and the Nuclear Non- The public comments were reviewed technical data and defense services Proliferation Act, as amended. and considered by the Department and directly related to those defense articles. In response to one commenting other agencies. The Department’s Nuclear radiation detection and party’s inquiry, the Department evaluation of the written comments and measurement devices formerly in confirms that hardware and software are recommendations follows. paragraph (c) are subject to the EAR within the scope of USML Category XVI. In response to one commenting under already existing ECCN 1A004.c.2 One commenting party requested party’s concern that the paragraph or 2A291.e. information on the export licensing controlling goggles, etc., was written in A new ‘‘(x) paragraph’’ has been procedure for items formerly listed in a manner that would control added to USML Category XVI, allowing USML Category XVI but now clarified as commercial articles, the Department ITAR licensing for commodities, being under the jurisdiction of the revised the text to better describe the software, and technical data subject to Department of Energy. The Department articles meriting control on the USML. the EAR provided those commodities, refers the commenting party to the Two commenting parties expressed software, and technical data are to be Department of Energy’s National concern that the control for used in or with defense articles Nuclear Security Administration for its developmental articles would capture controlled in USML Category XVI and policies and procedures. articles solely on the basis of being are described in the purchase developed via funding by the documentation submitted with the Definition for ‘‘Equipment’’ Department of Defense, even though application. A definition for the term ‘‘equipment’’ they were being developed for This revision of USML Category XVI is added to ITAR § 121.8. The commercial applications. The was first published as a proposed rule Department proposed this definition for Department revised that paragraph to (RIN 1400–AD18) on January 30, 2013, public comment in a proposed rule (RIN make clear that, among other things, it for public comment (see 78 FR 6269). 1400–AD25) published on November does not capture articles identified in The comment period ended March 18, 28, 2012 (see 77 FR 70958). The the relevant Department of Defense 2013. The public comments were Department accepted the contract or other funding authorization reviewed and considered by the recommendation of a commenting party as being developed for both civil and Department and other agencies. The to add the newly defined term military applications. Department’s evaluation of the written ‘‘equipment’’ to the definition of One commenting party recommended comments and recommendations ‘‘system,’’ and amended ITAR § 121.8(g) that generic, non-specific parts, follows. accordingly. In addition, it made components, accessories, and One commenting party expressed editorial changes to the other attachments for articles covered in this concern that not controlling on the paragraphs in that section. category not be controlled on the USML. USML parts and components ‘‘necessary Paragraph (d), which covers parts, for the [nuclear] weapon to be secured, Other Technical Changes Included in components, assemblies, accessories, made safe, survive to target, and This Rule attachments, and associated equipment detonate as planned’’ will result in these ITAR § 121.5, which provided for this category, is limited in scope to articles becoming vulnerable to clarification of paragraph (c) of USML include only ceramic or composite body counterfeiting, sabotage, and Category IV, is removed. Articles armor plates, laser protective lenses and compromise. The Department of Energy formerly listed therein are now other materials for the articles has always maintained and will retain identified in a note to paragraph (c) or enumerated in paragraph (a)(7), and control of nuclear weapon-related are enumerated in paragraph (h) of classified hardware. The Department articles, so this revision of USML USML Category IV. believes the rule is consistent with the Category XVI does not represent a ITAR § 121.11, which listed items not commenting party’s recommendation. loosening of controls. covered in paragraph (a) of USML One commenting party inquired Category IV, is removed. Revision of USML Category XVI whether an accessory for a modeling or ITAR § 123.20 is revised to replace This final rule removes most of the simulation tool controlled in paragraph certain undefined terms with terms articles formerly enumerated in USML (b) is USML-controlled. The Department defined and in normal use in the ITAR, Category XVI (nuclear weapons related added a paragraph to the category to and to provide citation of Department of articles). The provisions of 22 CFR 120– control parts, components, accessories, Commerce authorities regarding the 130 do not apply to the articles, attachments, and associated equipment, export of nuclear related items. ITAR technical data, or services formerly to correct for an unintentional omission. § 124(c)(5) is revised to remove

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subparagraphs (iii), (ix), and (xi), in Small Business Regulatory Enforcement Federal programs and activities do not accordance with the revision of USML Fairness Act of 1996 apply to this rulemaking. Category XVI. And ITAR § 125.1(e) is Executive Orders 12866 and 13563 revised to refer to ITAR § 123.20 for the For purposes of the Small Business export of technical data related to Regulatory Enforcement Fairness Act of Executive Orders 12866 and 13563 articles in USML Categories VI(e), XVI, 1996 (the ‘‘Act’’), a ‘‘major’’ rule is a direct agencies to assess costs and and XX(b)(1). rule that the Administrator of the OMB benefits of available regulatory Office of Information and Regulatory alternatives and, if regulation is Adoption of Proposed Rules and Other Affairs finds has resulted or is likely to necessary, to select regulatory Changes result in (1) an annual effect on the approaches that maximize net benefits economy of $100,000,000 or more; (2) a (including potential economic, Having reviewed and evaluated the major increase in costs or prices for comments and recommended changes environmental, public health and safety consumers, individual industries, effects, distributed impacts, and equity). for the USML Category IV, USML federal, state, or local government Category V, USML Category IX, USML These executive orders stress the agencies, or geographic regions; or (3) importance of quantifying both costs Category X, and USML Category XVI significant adverse effects on proposed rules, as well as the proposed and benefits, of reducing costs, of competition, employment, investment, harmonizing rules, and of promoting rule that included the definition of productivity, innovation, or on the ‘‘equipment,’’ the Department flexibility. This rulemaking has been ability of United States-based designated a ‘‘significant regulatory determined that it will, and hereby enterprises to compete with foreign- does, adopt them, with changes noted action,’’ although not economically based enterprises in domestic and significant, under section 3(f) of and other technical corrections, and foreign markets. promulgates them in final form under Executive Order 12866. Accordingly, this rule. The Department does not believe this this rule has been reviewed by the rulemaking will have an annual effect Office of Management and Budget Regulatory Analysis and Notices on the economy of $100,000,000 or (OMB). more. Articles that are being removed Administrative Procedure Act Executive Order 12988 from coverage in the U.S. Munitions List The Department of State is of the categories contained in this rule will The Department of State reviewed this opinion that controlling the import and still require licensing for export, but rulemaking in light of sections 3(a) and export of defense articles and services is from the Department of Commerce. 3(b)(2) of Executive Order 12988 to a foreign affairs function of the United While the licensing regime of the eliminate ambiguity, minimize States Government and that rules Department of Commerce is more litigation, establish clear legal implementing this function are exempt flexible than that of the Department of standards, and reduce burden. from sections 553 (rulemaking) and 554 State, it is not expected that the change Executive Order 13175 (adjudications) of the Administrative in jurisdiction of these articles will Procedure Act (APA). Although the result in an export difference of The Department of State determined Department is of the opinion that this $100,000,000 or more. that this rulemaking will not have tribal rule is exempt from the rulemaking implications, will not impose The Department also does not believe substantial direct compliance costs on provisions of the APA, the Department that this rulemaking will result in a published this rule as separate proposed Indian tribal governments, and will not major increase in costs or prices for preempt tribal law. Accordingly, the rules identified as 1400–AD02, 1400– consumers, individual industries, AD15, 1400–AD16, 1400–AD18, 1400– requirements of Executive Order 13175 federal, state, or local government do not apply to this rulemaking. AD19, and 1400–AD25, each with a 45- agencies, or geographic regions, or have or 60-day provision for public comment significant adverse effects on Paperwork Reduction Act and without prejudice to its competition, employment, investment, Following is a listing of approved determination that controlling the productivity, innovation, or on the collections that will be affected by import and export of defense services is ability of United States-based revision of the U.S. Munitions List a foreign affairs function. enterprises to compete with foreign- (USML) and the Commerce Control List Regulatory Flexibility Act based enterprises in domestic and pursuant to the President’s Export foreign markets. Control Reform (ECR) initiative. This Since the Department is of the Executive Orders 12372 and 13132 final rule continues the implementation opinion that this rule is exempt from the of ECR. Other final rules will follow. provisions of 5 U.S.C. 553, there is no This rulemaking will not have The list of collections and the requirement for an analysis under the substantial direct effects on the States, description of the manner in which they Regulatory Flexibility Act. on the relationship between the national will be affected pertains to revision of Unfunded Mandates Reform Act of 1995 government and the States, or on the the USML in its entirety, not only to the distribution of power and categories published in this rule: This rulemaking does not involve a responsibilities among the various (1) Statement of Registration, DS– mandate that will result in the levels of government. Therefore, in 2032, OMB No. 1405–0002. The expenditure by State, local, and tribal accordance with Executive Order 13132, Department estimates that between governments, in the aggregate, or by the it is determined that this rulemaking 3,000 and 5,000 of currently-registered private sector, of $100 million or more does not have sufficient federalism persons will not need to maintain in any year and it will not significantly implications to require consultations or registration following full revision of the or uniquely affect small governments. warrant the preparation of a federalism USML. This would result in a burden Therefore, no actions were deemed summary impact statement. The reduction of between 6,000 and 10,000 necessary under the provisions of the regulations implementing Executive hours annually, based on a revised time Unfunded Mandates Reform Act of Order 12372 regarding burden of two hours to complete a 1995. intergovernmental consultation on Statement of Registration.

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(2) Application/License for Permanent category, as a description of articles to Category IV—Launch Vehicles, Guided Export of Unclassified Defense Articles be exported. Missiles, Ballistic Missiles, Rockets, and Related Unclassified Technical (7) Maintenance of Records by Torpedoes, Bombs, and Mines Data, DSP–5, OMB No. 1405–0003. The Registrants, OMB No. 1405–0111. The *(a) Rockets, space launch vehicles Department estimates that there will be requirement to actively maintain (SLVs), missiles, bombs, torpedoes, 35,000 fewer DSP–5 submissions records pursuant to provisions of the depth charges, mines, and grenades, as International Traffic in Arms annually following full revision of the follows: USML. This would result in a burden Regulations (ITAR) will decline (1) Rockets, SLVs, and missiles reduction of 35,000 hours annually. In commensurate with the drop in the capable of delivering at least a 500-kg addition, the DSP–5 will allow number of persons who will be required payload to a range of at least 300 km respondents to select USML Category to register with the Department (MT); XIX, a newly-established category, as a pursuant to the ITAR. As stated above, (2) Rockets, SLVs, and missiles description of articles to be exported. the Department estimates that between capable of delivering less than a 500-kg (3) Application/License for 3,000 and 5,000 of the currently- payload to a range of at least 300 km Temporary Import of Unclassified registered persons will not need to (MT); Defense Articles, DSP–61, OMB No. maintain registration following full (3) Man-portable air defense systems 1405–0013. The Department estimates revision of the USML. This would result (MANPADS); that there will be 200 fewer DSP–61 in a burden reduction of between 60,000 (4) Anti-tank missiles and rockets; submissions annually following full and 100,000 hours annually. However, (5) Rockets, SLVs, and missiles not revision of the USML. This would result the ITAR does provide for the meeting the criteria of paragraphs (a)(1) in a burden reduction of 100 hours maintenance of records for a period of through (a)(4) of this category; annually. In addition, the DSP–61 will five years. Therefore, persons newly (6) Bombs; allow respondents to select USML relieved of the requirement to register (7) Torpedoes; Category XIX, a newly-established with the Department may still be (8) Depth charges; category, as a description of articles to required to maintain records. (9) Anti-personnel, anti-vehicle, or be temporarily imported. (8) Export Declaration of Defense anti-armor land mines (e.g., area denial (4) Application/License for Technical Data or Services, DS–4071, devices); Temporary Export of Unclassified OMB No. 1405–0157. The Department (10) Anti-helicopter mines; Defense Articles, DSP–73, OMB No. estimates that there will be 2,000 fewer (11) Naval mines; or 1405–0023. The Department estimates declaration submissions annually (12) Fragmentation and high that there will be 800 fewer DSP–73 following full revision of the USML. explosive hand grenades. submissions annually following full This would result in a burden reduction Note 1 to paragraph (a): ‘‘Range’’ is the revision of the USML. This would result of 1,000 hours annually. maximum distance that the specified rocket in a burden reduction of 800 hours system is capable of traveling in the mode of annually. In addition, the DSP–73 will List of Subjects stable flight as measured by the projection of its trajectory over the surface of the Earth. allow respondents to select USML 22 CFR 121 and 125 Category XIX, a newly-established The maximum capability based on the design Arms and munitions, Classified characteristics of the system, when fully category, as a description of articles to information, Exports. loaded with fuel or propellant, will be taken be temporarily exported. into consideration in determining range. The (5) Application for Amendment to 22 CFR 123 range for rocket systems will be determined License for Export or Import of Arms and munitions, Exports, independently of any external factors such as Classified or Unclassified Defense operational restrictions, limitations imposed Reporting and recordkeeping by telemetry, data links, or other external Articles and Related Technical Data, requirements. DSP–6, –62, –74, –119, OMB No. 1405– constraints. For rocket systems, the range 0092. The Department estimates that 22 CFR 124 will be determined using the trajectory that maximizes range, assuming International there will be 2,000 fewer amendment Arms and munitions, Exports, Civil Aviation Organization (ICAO) standard submissions annually following full Technical assistance. atmosphere with zero wind. revision of the USML. This would result Accordingly, for the reasons set forth in a burden reduction of 1,000 hours above, Title 22, Chapter I, Subchapter Note 2 to paragraph (a): ‘‘Payload’’ is the annually. In addition, the amendment total mass that can be carried or delivered by M, parts 121, 123, 124 and 125 are the specified rocket, SLV, or missile that is forms will allow respondents to select amended as follows: USML Category XIX, a newly- not used to maintain flight. established category, as a description of PART 121—THE UNITED STATES Note 3 to paragraph (a): This paragraph the articles that are the subject of the MUNITIONS LIST does not control model and high power amendment request. rockets (as defined in National Fire (6) Request for Approval of ■ 1. The authority citation for part 121 Protection Association Code 1122) and kits Manufacturing License Agreements, continues to read as follows: thereof made of paper, wood, fiberglass, or plastic containing no substantial metal parts Technical Assistance Agreements, and Authority: Secs. 2, 38, and 71, Pub. L. 90– and designed to be flown with hobby rocket Other Agreements, DSP–5, OMB No. 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, motors that are certified for consumer use. 1405–0093. The Department estimates 2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 Such rockets must not contain active controls that there will be 1,000 fewer agreement Stat. 1920; Section 1261, Pub. L. 112–239; (e.g., RF, GPS). submissions annually following full E.O. 13637, 78 FR 16129. revision of the USML. This would result ■ 2. Section 121.1 is amended by Note 4 to paragraph (a): ’’Mine’’ means a in a burden reduction of 2,000 hours revising U.S. Munitions List Categories munition placed under, on, or near the annually. In addition, the DSP–5, the IV, V, IX, X, and XVI to read as follows: ground or other surface area and designed to form used for the purposes of be exploded by the presence, proximity, or electronically submitting agreements, § 121.1 General. The United States contact of a person or vehicle. will allow respondents to select USML Munitions List. *(b) Launchers for rockets, SLVs, and Category XIX, a newly-established * * * * * missiles, as follows:

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(1) Fixed launch sites and mobile impulse capacity equal to or greater parts and components therefor (MT for launcher mechanisms for any system than 1.1 x 106 N·s (MT); those nozzles and nozzle throats usable enumerated in paragraphs (a)(1) and (3) Solid propellant rocket motors, in systems enumerated in paragraphs (a)(2) of this category (e.g., launch hybrid or gel rocket motors, or liquid (a)(1) and (a)(2) of this category); tables, TOW missile, MANPADS) (MT); propellant rocket engines having a total (7) Rocket or missile nose tips, nose or impulse capacity equal to or greater fairings, or aerospikes, and specially (2) Fixed launch sites and mobile than 8.41 x 105 N·s, but less than 1.1 x designed parts and components therefor launcher mechanisms for any system 106 N·s (MT); (MT for those articles enumerated in enumerated in paragraphs (a)(3) through (4) Combined cycle, pulsejet, ramjet, paragraphs (a)(1) and (a)(2) of this (a)(5) of this category (e.g., launch or scramjet engines (MT); category); tables, TOW missile, MANPADS). (5) Air-breathing engines that operate (8) Re-entry vehicle or warhead heat above Mach 4 not enumerated in shields (MT for those re-entry vehicles Note 1 to paragraph (b): For controls on non-SLV launcher mechanisms for use on paragraph (d)(4) of this category; and heat shields usable in systems aircraft, see USML Category VIII(h). (6) Pressure gain combustion-based enumerated in paragraph (a)(1) of this propulsion systems not enumerated in category); Note 2 to paragraph (b): For controls on paragraphs (d)(4) and (d)(5) of this (9) Missile and rocket safing, arming, launcher mechanisms that are integrated onto category; or fuzing, and firing (SAFF) components a vessel or ground vehicle, see USML (7) Rocket, SLV, and missile engines (to include target detection and Categories VI and VII, respectively. and motors, not otherwise enumerated proximity sensing devices), and in paragraphs (d)(1) through (d)(6) of specially designed parts therefor (MT Note 3 to paragraph (b): This paragraph this category or USML Category XIX. for those SAFF components usable in does not control parts and accessories (e.g., igniters, launch stands) specially designed Note to paragraph (d): This paragraph does systems enumerated in paragraph (a)(1) for consumer use with model and high power not control model and high power rocket of this category); rockets (as defined in National Fire motors, containing no more than 5 pounds of (10) Self-destruct systems specially Protection Association Code 1122) and kits propellant, that are certified for U.S. designed for articles enumerated in thereof made of paper, wood, fiberglass, or consumer use as described in National Fire paragraph (a) of this category (MT for plastic containing no substantial metal parts Protection Association Code 1125. those articles enumerated in paragraphs and designed to be flown with hobby rocket (e) [Reserved] (a)(1) and (a)(2) of this category); motors that are certified for consumer use. (f) [Reserved] (11) Separation mechanisms, staging (c) Apparatus and devices specially *(g) Non-nuclear warheads for mechanisms, and interstages useable for designed for the handling, control, rockets, bombs, and missiles (e.g., articles enumerated in paragraph (a) of activation, monitoring, detection, explosive, kinetic, EMP, thermobaric, this category, and specially designed protection, discharge, or detonation of shape charge, and fuel air explosive parts and components therefor (MT for the articles enumerated in paragraphs (FAE)). those separation mechanisms, staging (a) and (b) of this category (MT for those (h) Systems, subsystems, parts, mechanisms, and interstages usable in systems enumerated in paragraphs components, accessories, attachments, systems enumerated in paragraph (a)(1) (a)(1), (a)(2), and (b)(1) of this category). or associated equipment, as follows: of this category); (1) Flight control and guidance (12) Post-boost vehicles (PBV) (MT); Note 1 to paragraph (c): This paragraph systems (including guidance sets) (13) Engine or motor mounts specially includes specialized handling equipment designed for articles enumerated in (transporters, cranes, and lifts) specially specially designed for articles designed to handle articles enumerated in enumerated in paragraph (a) of this paragraphs (a) and (b) of this category paragraphs (a) and (b) of this category for category (MT for those articles (MT for those articles enumerated in preparation and launch from fixed and enumerated in paragraphs (a)(1) and paragraphs (a)(1), (a)(2), and (b)(1) of mobile sites. The equipment in this (a)(2) of this category); this category); paragraph also includes specially designed (14) Combustion chambers specially Note to paragraph (h)(1): A guidance set robots, robot controllers, and robot end- integrates the process of measuring and designed for articles enumerated in effectors, and liquid propellant tanks computing a vehicle’s position and velocity paragraphs (a) and (d) of this category specially designed for the storage or handling (i.e., navigation) with that of computing and and specially designed parts and of the propellants controlled in USML sending commands to the vehicle’s flight components therefor (MT for those Category V, CCL ECCNs 1C011, 1C111, and control systems to correct the trajectory. articles enumerated in paragraphs (a)(1), 1C608, or other liquid propellants used in the systems enumerated in paragraphs (a)(1), (2) Seeker systems specially designed (a)(2), (b)(1), and (d)(1) through (d)(5) of (a)(2), or (a)(5) of this category. for articles enumerated in paragraph (a) this category); of this category (e.g., radiofrequency, (15) Injectors specially designed for Note 2 to paragraph (c): Aircraft Missile infrared) (MT for articles enumerated in articles controlled in this category (MT Protection Systems (AMPS) are controlled in for those injectors specially designed USML Category XI. paragraphs (a)(1) and (a)(2) of this category); which are usable in systems enumerated *(d) Rocket, SLV, and missile power (3) Kinetic kill vehicles and specially in paragraph (a)(1) of this category); plants, as follows: designed parts and components (16) Solid rocket motor or liquid (1) Except as enumerated in paragraph therefor; engine igniters; (d)(2) or (d)(3) of this category, (4) Missile or rocket thrust vector (17) Re-entry vehicles and specially individual rocket stages for the articles control systems (MT for those thrust designed parts and components therefor enumerated in paragraph (a)(1), (a)(2), or vector control systems usable in articles not elsewhere specified in this category (a)(5) of this category (MT for those enumerated in paragraph (a)(1) of this (MT); stages usable in systems enumerated in category); Note to paragraph (h)(17): This paragraph paragraphs (a)(1) and (a)(2) of this (5) MANPADS grip stocks and does not control spacecraft. For controls on category); specially designed parts and spacecraft, see USML Category XV and, if not (2) Solid propellant rocket motors, components therefor; described therein, then CCL ECCN 9A515. hybrid or gel rocket motors, or liquid (6) Rocket or missile nozzles and (18) Specially designed parts and propellant rocket engines having a total nozzle throats, and specially designed components for articles controlled in

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paragraph (g) not elsewhere specified in attitude control equipment specially Category V—Explosives and Energetic this category; designed for use in the rockets or Materials, Propellants, Incendiary (19) Penetration aids and specially missiles enumerated in paragraph (a)(1) Agents, and Their Constituents designed parts and components therefor of this category (MT for these systems *(a) Explosives, and mixtures thereof, (e.g., physical or electronic which have been designed or modified as follows: countermeasure suites, re-entry vehicle for those enumerated in paragraph (a)(1) (1) ADNBF replicas or decoys, or submunitions); of this category); (aminodinitrobenzofuroxan or 7-Amino (20) Rocket motor cases and specially (29) Umbilical and interstage 4,6-dinitrobenzofurazane-1-oxide) (CAS designed parts and components therefor electrical connectors specially designed 97096–78–1); (e.g., flanges, flange seals, end domes) for use in the rockets or missiles (2) BNCP (cis-bis(5-nitrotetrazolato) (MT for those rocket motor cases usable enumerated in paragraph (a)(1) or (a)(2) tetra amine-cobalt (III) perchlorate) in systems enumerated in paragraphs of this category (MT); or (CAS 117412–28–9); (a)(1) and (a)(2) of this category and for Note to paragraph (h)(29): This paragraph (3) CL–14 specially designed parts and also includes electrical connectors installed (diaminodinitrobenzofuroxan or 5,7- components for hybrid rocket motors between the systems specified in paragraph diamino-4,6-dinitrobenzofurazane-1- enumerated in paragraphs (d)(2) and (a)(1) or (a)(2) of this category and their oxide) (CAS 117907–74–1); (d)(3) of this category); payload. (21) Solid rocket motor liners and (4) CL–20 (HNIW or *(30) Any part, component, accessory, rocket motor insulation (MT for those Hexanitrohexaazaisowurtzitane) (CAS attachment, equipment, or system that solid rocket motor liners usable in 135285–90–4); clathrates of CL–20 (MT (MT for those articles designated as systems enumerated in paragraph (a)(1) for CL–20); such): of this category or specially designed for (5) CP (2-(5-cyanotetrazolato) penta (i) Is classified; systems enumerated in paragraph (a)(2) aminecobalt (III) perchlorate) (CAS (ii) Contains classified software of this category; and rocket motor 70247–32–4); directly related to defense articles in insulation usable in systems (6) DADE (1,1-diamino-2,2- this subchapter or 600 series items enumerated in paragraphs (a)(1) and dinitroethylene, FOX–7); subject to the EAR; or (a)(2) of this category); (7) DATB (Diaminotrinitrobenzene) (22) Radomes, sensor windows, and (iii) Is being developed using (CAS 1630–08–6); antenna windows specially designed for classified information. (8) DDFP (1,4- articles enumerated in paragraph (a) of Note to paragraph (h)(30): ‘‘Classified’’ dinitrodifurazanopiperazine); this category (MT for those radomes means classified pursuant to Executive Order (9) DDPO (2,6-diamino-3,5- usable in systems enumerated in 13526, or predecessor order, and a security dinitropyrazine-1-oxide, PZO) (CAS paragraph (a)(1) of this category and for classification guide developed pursuant 194486–77–6); thereto or equivalent, or to the corresponding ′ any radomes, sensor windows, or (10) DIPAM (3,3 -Diamino- classification rules of another government or 2,2′,4,4′,6,6′-hexanitrobiphenyl or antenna windows manufactured as international organization. composite structures or laminates dipicramide) (CAS 17215–44–0); specially designed for use in the (i) Technical data (see § 120.10 of this (11) DNAN (2,4-Dinitroanisole) (CAS systems and components enumerated in subchapter) and defense services (see 119–27–7); paragraph (a)(1), (a)(2), (d)(1), (h)(8), § 120.9 of this subchapter) directly (12) DNGU (DINGU or (h)(9), (h)(17), or (h)(25) of this related to the defense articles dinitroglycoluril) (CAS 55510–04–8); category); enumerated in paragraphs (a) through (13) Furazans, as follows: (23) Rocket or missile payload (h) of this category and classified (i) DAAOF (DAAF, DAAFox, or fairings; technical data directly related to items diaminoazoxyfurazan); (24) Rocket or missile launch controlled in ECCNs 0A604, 0B604, (ii) DAAzF (diaminoazofurazan) (CAS canisters (MT for those rocket or missile 0D604, 9A604, 9B604, or 9D604 and 78644–90–3); launch canisters designed or modified defense services using the classified (iii) ANF (Furazanamine, 4-nitro- or 3- for systems enumerated in paragraphs technical data. (See § 125.4 of this Amino-4-nitrofurazan; or 4-Nitro-1,2,5- (a)(1) and (a)(2) of this category); subchapter for exemptions.) (MT for oxadiazol-3-amine; or 4-Nitro-3- (25) Fuzes specially designed for technical data and defense services furazanamine; CAS 66328–69–6); or articles enumerated in paragraph (a) of related to articles designated as such.) (iv) ANAzF (Aminonitroazofurazan or this category (e.g., proximity, contact, (j)–(w) [Reserved] 1,2,5-Oxadiazol-3-amine, 4-[2-(4-nitro- electronic, dispenser proximity, (x) Commodities, software, and 1,2,5-oxadiazol-3-yl) diazenyl]; or 1,2,5- airburst, variable time delay, or multi- technical data subject to the EAR (see Oxadiazol-3-amine, 4-[(4-nitro-1,2,5- option) (MT for those fuzes usable in § 120.42 of this subchapter) used in or oxadiazol-3-yl)azo]- (9CI); or systems enumerated in paragraph (a)(1) with defense articles controlled in this Furazanamine, 4-[(nitrofurananyl)azo]-; of this category); category. or 4-[(4-Nitro-1,2,5-oxadiazol-3-yl)azo]- (26) Rocket or missile liquid Note to paragraph (x): Use of this 1,2,5-oxadiazol-3-amine) (CAS 155438– propellant tanks (MT for those rocket or paragraph is limited to license applications 11–2); missile liquid propellant tanks usable in for defense articles controlled in this category (14) GUDN (Guanylurea dinitramide) systems enumerated in paragraph (a)(1) where the purchase documentation includes FOX–12 (CAS 217464–38–5); of this category); commodities, software, or technical data (15) HMX and derivatives, as follows: (27) Rocket or missile altimeters subject to the EAR (see § 123.1(b) of this (i) HMX specially designed for use in articles subchapter). (Cyclotetramethylenetetranitramine; enumerated in paragraph (a)(1) of this octahydro-1,3,5,7-tetranitro-1,3,5,7- Note to Category IV: If a Missile category (MT); Technology Control Regime Category I item tetrazine; 1,3,5,7-tetranitro-1,3,5,7- (28) Pneumatic, hydraulic, is included in a system, that system will also tetraza-cyclooctane; octogen, octogene) mechanical, electro-optical, or be considered as a Category I item, except (CAS 2691–41–0) (MT); electromechanical flight control systems when the incorporated item cannot be (ii) Difluoroaminated analogs of HMX; (including fly-by-wire systems) and separated, removed, or duplicated. or

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(iii) K–55 (2,4,6,8-tetranitro-2,4,6,8- (33) TNGU (SORGUYL or (c) Pyrotechnics, fuels and related tetraazabicyclo [3,3,0]-octanone-3, tetranitroglycoluril) (CAS 55510–03–7); substances, and mixtures thereof, as tetranitrosemiglycouril, or keto-bicyclic (34) TNP (1,4,5,8-tetranitro- follows: HMX) (CAS 130256–72–3); pyridazino [4,5-d] pyridazine) (CAS (1) Alane (aluminum hydride) (CAS (16) HNAD (hexanitroadamantane) 229176–04–9); 7784–21–6); (CAS 143850–71–9); (35) Triazines, as follows: (2) Carboranes; decaborane (CAS (17) HNS (hexanitrostilbene) (CAS (i) DNAM (2-oxy-4,6-dinitroamino-s- 17702–41–9); pentaborane and 20062–22–0); triazine) (CAS 19899–80–0); or derivatives thereof (MT); (18) Imidazoles, as follows: (ii) NNHT (2-nitroimino-5-nitro- (3) Liquid high energy density fuels, (i) BNNII (Octohydro-2,5- hexahydro-1,3,5 triazine) (CAS 130400– as follows (MT): bis(nitroimino) imidazo [4,5- 13–4); (i) Mixed fuels that incorporate both d]imidazole); (36) Triazoles, as follows: solid and liquid fuels, such as boron (ii) DNI (2,4-dinitroimidazole) (CAS (i) 5-azido-2-nitrotriazole; slurry, having a mass-based energy 5213–49–0); (ii) ADHTDN (4-amino-3,5- density of 40 MJ/kg or greater; or (iii) FDIA (1-fluoro-2,4- dihydrazino-1,2,4-triazole dinitramide) (ii) Other high energy density fuels dinitroimidazole); (CAS 1614–08–0); and fuel additives (e.g., cubane, ionic (iv) NTDNIA (N-(2-nitrotriazolo)-2,4- (iii) ADNT (1-amino-3,5-dinitro-1,2,4- solutions, JP–7, JP–10) having a volume- dinitro-imidazole); or triazole); based energy density of 37.5 GJ per (v) PTIA (1-picryl-2,4,5- (iv) BDNTA cubic meter or greater, measured at 20°C trinitroimidazole); (Bis(dinitrotriazole)amine); and one atmosphere (101.325 kPa) ′ (19) NTNMH (1-(2-nitrotriazolo)-2- (v) DBT (3,3 -dinitro-5,5-bi-1,2,4- pressure; dinitromethylene hydrazine); triazole) (CAS 30003–46–4); (20) NTO (ONTA or 3-nitro-1,2,4- (vi) DNBT (dinitrobistriazole) (CAS Note to paragraph (c)(3)(ii): JP–4, JP–8, fossil refined fuels or biofuels, or fuels for triazol-5-one) (CAS 932–64–9); 70890–46–9); engines certified for use in civil aviation are (21) Polynitrocubanes with more than (vii) NTDNT (1–N-(2-nitrotriazolo) not included. four nitro groups; 3,5-dinitro-triazole); (22) PYX (2,6-Bis(picrylamino)-3,5- (viii) PDNT (1-picryl-3,5- (4) Metal fuels, and fuel or dinitropyridine) (CAS 38082–89–2); dinitrotriazole); or pyrotechnic mixtures in particle form (23) RDX and derivatives, as follows: (ix) TACOT whether spherical, atomized, (i) RDX (tetranitrobenzotriazolobenzotriazole) spheroidal, flaked, or ground, (cyclotrimethylenetrinitramine), (CAS 25243–36–1); manufactured from material consisting cyclonite, T4, hexahydro-1,3,5-trinitro- (37) Energetic ionic materials melting of 99% or more of any of the following: 1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza- between 70 and °degrees C and with (i) Metals, and mixtures thereof, as cyclohexane, hexogen, or hexogene) detonation velocity exceeding 6800 m/ follows: (CAS 121–82–4) (MT); s or detonation pressure exceeding 18 (A) Beryllium (CAS 7440–41–7) in (ii) Keto-RDX (K–6 or 2,4,6-trinitro- GPa (180 kbar); or particle sizes of less than 60 2,4,6-triazacyclohexanone) (CAS (38) Explosives, not otherwise micrometers (MT); or 115029–35–1); or enumerated in this paragraph or on the (B) Iron powder (CAS 7439–89–6) (iii) Difluoraminated derivative of CCL in ECCN 1C608, with a detonation with particle size of 3 micrometers or RDX; 1,3-Dinitro-5,5- velocity exceeding 8700 m/s at less produced by reduction of iron oxide bis(difluoramino)1,3-diazahexane (CAS maximum density or a detonation with hydrogen; No. 193021–34–0); pressure exceeding 34 Gpa (340 kbar). (ii) Fuel mixtures or pyrotechnic (24) TAGN *(b) Propellants, as follows (MT for mixtures, which contain any of the (Triaminoguanidinenitrate) (CAS 4000– composite and composite modified following: 16–2); double-base propellants): (A) Boron (CAS 7440–42–8) or boron (25) TATB (Triaminotrinitrobenzene) (1) Any solid propellant with a carbide (CAS 12069–32–8) fuels of 85% (CAS 3058–38–6); theoretical specific impulse (see purity or higher and particle sizes of (26) TEDDZ (3,3,7,7- paragraph (k)(4) of this category) greater less than 60 micrometers; or tetrakis(difluoroamine) octahydro-1,5- than: (B) Zirconium (CAS 7440–67–7), dinitro-1,5-diazocine; (i) 240 seconds for non-metallized, magnesium (CAS 7439–95–4), or alloys (27) Tetrazines, as follows: non-halogenated propellant; of these in particle sizes of less than 60 (i) BTAT (Bis(2,2,2-trinitroethyl)-3,6- (ii) 250 seconds for non-metallized, micrometers; diaminotetrazine); or halogenated propellant; or (iii) Explosives and fuels containing (ii) LAX–112 (3,6-diamino-1,2,4,5- (iii) 260 seconds for metallized the metals or alloys listed in paragraphs tetrazine-1,4-dioxide); propellant; (c)(4)(i) and (c)(4)(ii) of this category (28) Tetrazoles, as follows: (2) Propellants having a force constant whether or not the metals or alloys are (i) NTAT (nitrotriazolaminotetrazole); of more than 1,200 kJ/Kg; encapsulated in aluminum, magnesium, or (3) Propellants that can sustain a zirconium, or beryllium; (ii) NTNT (1-N-(2-nitrotriazolo)-4- steady-state burning rate more than 38 (5) Fuel, pyrotechnic, or energetic nitrotetrazole); mm/s under standard conditions (as mixtures having any nanosized (29) Tetryl measured in the form of an inhibited aluminum, beryllium, boron, zirconium, (trinitrophenylmethylnitramine) (CAS single strand) of 6.89 Mpa (68.9 bar) magnesium, or titanium, as follows: 479–45–8); pressure and 294K (21°C); (i) Having particle size less than 200 (30) TEX (4,10-Dinitro-2,6,8,12- (4) Elastomer-modified cast double- nm in any direction; and tetraoxa-4,10-diazaisowurtzitane); based propellants with extensibility at (ii) Having 60% or higher purity; (31) TNAD (1,4,5,8-tetranitro-1,4,5,8- maximum stress greater than 5% at 233 (6) Pyrotechnic and pyrophoric tetraazadecalin) (CAS 135877–16–6); K (¥40°C); or materials, as follows: (32) TNAZ (1,3,3-trinitroazetidine) (5) Other composite and composite (i) Pyrotechnic or pyrophoric (CAS 97645–24–4); modified double-base propellants. materials specifically formulated to

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enhance or control the production of (8) 4,5 diazidomethyl-2-methyl-1,2,3- (xi) Dipropylferrocene; radiated energy in any part of the IR triazole (iso-DAMTR) (MT); (xii) Dibutylferrocene (CAS 1274–08– spectrum; or (9) NENAS (nitratoethylnitramine 4); (ii) Mixtures of magnesium, compounds), as follows: (xiii) Dihexylferrocene (CAS 93894– polytetrafluoroethylene and the (i) N-Methyl 2-nitratoethylnitramine 59–8); copolymer vinylidene difluoride and (Methyl-NENA) (CAS 17096–47–8) (xiv) Acetylferrocene (CAS 1271–55– hexafluoropropylene (MT); (MT); 2)/1,1′-diacetyl ferrocene (CAS 1273– (7) Titanium subhydride (TiHn) of (ii) N-Ethyl 2-nitratoethylnitramine 94–5); or stoichiometry equivalent to n = 0.65– (Ethyl-NENA) (CAS 85068–73–1) (MT); (xv) Other ferrocene derivatives that 1.68; or (iii) N-Propyl 2-nitratoethylnitramine do not contain a six carbon aromatic (8) Hydrocarbon fuels specially (CAS 82486–83–7); functional group attached to the formulated for use in flame throwers or (iv) N-Butyl-2-nitratoethylnitramine ferrocene molecule (MT if usable as incendiary munitions containing metal (BuNENA) (CAS 82486–82–6); or rocket propellant burning rate modifier); stearates (e.g., octal) or palmitates, and (v) N-Pentyl 2-nitratoethylnitramine (5) Lead beta-resorcylate (CAS 20936– M1, M2, and M3 thickeners. (CAS 85954–06–9); 32–7); (d) Oxidizers, as follows: (10) Poly-NIMMO (poly (6) Lead citrate (CAS 14450–60–3); (1) ADN (ammonium dinitramide or nitratomethylmethyoxetane, poly- (7) Lead-copper chelates of beta- SR–12) (CAS 140456–78–6) (MT); NMMO, (poly[3-nitratomethyl-3-methyl resorcylate or salicylates (CAS 68411– (2) AP (ammonium perchlorate) (CAS oxetane]) (CAS 84051–81–0); 07–4); 7790–98–9) (MT); (11) PNO (Poly(3-nitratooxetane)); (8) Lead maleate (CAS 19136–34–6); (3) BDNPN (bis(2,2- (12) TVOPA 1,2,3-Tris [1,2- (9) Lead salicylate (CAS 15748–73–9); dinitropropyl)nitrate) (CAS 28464–24– bis(difluoroamino)ethoxy]propane; tris (10) Lead stannate (CAS 12036–31–6); 6); vinoxy propane adduct (CAS 53159–39– (11) MAPO (tris-1-(2-methyl) (4) DNAD (1,3-dinitro-1,3-diazetidine) 0); aziridinylphosphine oxide) (CAS 57– (CAS 78246–06–7); (13) Polynitrorthocarbonates; 39–6); BOBBA–8 (bis(2-methyl (5) HAN (Hydroxylammonium nitrate) (14) FPF–1 (poly-2,2,3,3,4,4- aziridinyl)-2-(2-hydroxypropanoxy) (CAS 13465–08–2); hexafluoro pentane-1,5-diolformal) propylamino phosphine oxide); and (6) HAP (hydroxylammonium (CAS 376–90–9); other MAPO derivatives (MT for perchlorate) (CAS 15588–62–2); (15) FPF–3 (poly-2,4,4,5,5,6,6- (7) HNF (Hydrazinium nitroformate) MAPO); heptafluoro-2-trifluoromethyl-3- (CAS 20773–28–8) (MT); (12) Methyl BAPO (Bis(2-methyl (8) Hydrazine nitrate (CAS 37836–27– oxaheptane-1,7-diolformal); aziridinyl)methylaminophosphine 4) (MT); (16) PGN (Polyglycidyl nitrate or oxide) (CAS 85068–72–0); (9) Hydrazine perchlorate (CAS poly(nitratomethyloxirane); poly- (13) 3-Nitraza-1,5-pentane 27978–54–7) (MT); GLYN); (CAS 27814–48–8); diisocyanate (CAS 7406–61–9); (10) Inhibited red fuming nitric acid (17) N-methyl-p-nitroaniline (MT); (14) Organo-metallic coupling agents, (IRFNA) (CAS 8007–58–7) and liquid (18) Low (less than 10,000) molecular as follows: oxidizers comprised of or containing weight, alcohol-functionalized, (i) Neopentyl[diallyl]oxy, tri [dioctyl] IRFNA or oxygen difluoride (MT for poly(epichlorohydrin); phosphatotitanate (CAS 103850–22–2); liquid oxidizers comprised of IRFNA); poly(epichlorohydrindiol); and triol; or also known as titanium IV, 2,2[bis 2- or (19) Dinitropropyl based plasticizers, propenolato-methyl, butanolato, tris (11) Perchlorates, chlorates, and as follows (MT): (dioctyl) phosphato] (CAS 110438–25– chromates composited with powdered (i) BDNPA (bis (2,2-dinitropropyl) 0), or LICA 12 (CAS 103850–22–2); metal or other high energy fuel acetal) (CAS 5108–69–0); or (ii) Titanium IV, [(2-propenolato-1) components controlled under this (ii) BDNPF (bis (2,2-dinitropropyl) methyl, n-propanolatomethyl] category (MT). formal) (CAS 5917–61–3). butanolato-1, *(e) Binders, and mixtures thereof, as (f) Additives, as follows: tris(dioctyl)pyrophosphate, or KR3538; follows: (1) Basic copper salicylate (CAS or (1) AMMO 62320–94–9); (iii) Titanium IV, [(2-propenolato- (azidomethylmethyloxetane and its (2) BHEGA (Bis-(2- 1)methyl, propanolatomethyl] polymers) (CAS 90683–29–7); hydroxyethyl)glycolamide) (CAS butanolato-1, tris(dioctyl) phosphate; (2) BAMO (bis(azidomethyl)oxetane 17409–41–5); (15) PCDE and its polymers) (CAS 17607–20–4); (3) BNO (Butadienenitrile oxide); (Polycyanodifluoroaminoethylene (3) BTTN (butanetriol trinitrate) (CAS (4) Ferrocene derivatives, as follows oxide); 6659–60–5) (MT); (MT): (16) Certain bonding agents, as (4) FAMAO (3-difluoroaminomethyl- (i) Butacene (CAS 125856–62–4); follows (MT): 3-azidomethyloxetane) and its (ii) Catocene (2,2-Bis- (i) 1,1R,1S-trimesoyl-tris(2- polymers; ethylferrocenylpropane) (CAS 37206– ethylaziridine) (HX–868, BITA) (CAS (5) FEFO (bis(2-fluoro-2,2- 42–1); 7722–73–8); or dinitroethyl)formal) (CAS 17003–79–1); (iii) Ferrocene carboxylic acids and (ii) Polyfunctional aziridine amides (6) GAP (glycidyl azide polymer) ferrocene carboxylic acid esters; with isophthalic, trimesic, isocyanuric, (CAS 143178–24–9) and its derivatives (iv) n-butylferrocene (CAS 31904–29– or trimethyladipic backbone also having (MT for GAP); 7); a 2-methyl or 2-ethyl aziridine group; (7) HTPB (hydroxyl-terminated (v) Ethylferrocene (CAS 1273–89–8); polybutadiene) with a hydroxyl (vi) Propylferrocene; Note to paragraph (f)(16)(ii): Included are (1) 1,1H-Isophthaloyl-bis(2-methylaziridine) functionality equal to or greater than 2.2 (vii) Pentylferrocene (CAS 1274–00– (HX–752) (CAS 7652–64–4); (2) 2,4,6-tris(2- and less than or equal to 2.4, a hydroxyl 6); ethyl-1-aziridinyl)-1,3,5-triazine (HX–874) value of less than 0.77 meq/g, and a (viii) Dicyclopentylferrocene; (CAS 18924–91–9); and (3) 1,1′- viscosity at 30 °C of less than 47 poise (ix) Dicyclohexylferrocene; trimethyladipoylbis(2-ethylaziridine) (HX– (CAS 69102–90–5) (MT); (x) Diethylferrocene (CAS 173–97–8); 877) (CAS 71463–62–2).

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(17) Superfine iron oxide (Fe2O3, Department of Defense contract or other Calculations will be based on shifting hematite) with a specific surface area funding authorization as being developed for equilibrium. more than 250 m2/g and an average both civil and military applications. (5) Particle size is the mean particle diameter on a weight basis. Best particle size of 0.003 micrometers or Note 2 to paragraph (i): Note 1 does not less (CAS 1309–37–1); apply to defense articles enumerated on the industrial practices will be used in (18) TEPAN (HX–879) U.S. Munitions List, whether in production determining particle size and the (tetraethylenepentaamineacrylonitrile) or development. controls may not be undermined by (CAS 68412–45–3); cyanoethylated addition of larger or smaller sized polyamines and their salts (MT for Note 3 to paragraph (i): This paragraph is material to shift the mean diameter. TEPAN (HX–879)); applicable only to those contracts and (l)–(w) [Reserved] (19) TEPANOL (HX–878) (tetraethy- funding authorizations that are dated January (x) Commodities, software, and lenepentaamineacrylonitrileglycidol) 5, 2015, or later. technical data subject to the EAR (see (CAS 110445–33–5); cyanoethylated (j) Technical data (as defined in § 120.42 of this subchapter) used in or polyamines adducted with glycidol and § 120.10 of this subchapter) and defense with defense articles controlled in this their salts (MT for TEPANOL (HX–878)); services (as defined in § 120.9 of this category. (20) TPB (triphenyl bismuth) (CAS subchapter) directly related to the Note to paragraph (x): Use of this 603–33–8) (MT); or defense articles numerated in paragraph is limited to license applications (21) Tris (ethoxyphenyl) bismuth paragraphs (a) through (i) of this for defense articles controlled in this category (TEPB) (CAS 90591–48–3). category (see also § 123.20 of this where the purchase documentation includes (g) Precursors, as follows: subchapter) (MT for articles designated commodities, software, or technical data (1) BCMO (bischloromethyloxetane) as such). subject to the EAR (see § 123.1(b) of this subchapter). (CAS 142173–26–0); (k) The following interpretations (2) DADN (1,5-diacetyl-3,7-dinitro-1, explain and amplify the terms used in Note 1 to USML Category V: To assist the 3, 5, 7-tetraazacyclooctane); this category and elsewhere in this exporter, an item has been categorized by the (3) Dinitroazetidine-t-butyl salt (CAS subchapter: most common use. Also, where appropriate, 125735–38–8); (1) USML Category V contains references have been provided to the related (4) CL–20 precursors (any molecule explosives, energetic materials, controlled precursors. containing hexaazaisowurtzitane) (e.g., propellants, and pyrotechnics and HBIW Note 2 to USML Category V: Chemical specially formulated fuels for aircraft, Abstract Service (CAS) registry numbers do (hexabenzylhexaazaisowurtzitane), missile, and naval applications. not cover all the substances and mixtures TAIW (tetraacetyldibenzylhexa- Explosives are solid, liquid, or gaseous controlled by this category. The numbers are azaisowurtzitane)); substances or mixtures of substances, provided as examples to assist government (5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5, which, in their primary, booster, or agencies in the license review process and 7-tetraazacyclooctane) (CAS 41378–98– main charges in warheads, demolition, exporters when completing their license application and export documentation. 7); or other military applications, are (6) Tetraazadecalin (CAS 5409–42–7); required to detonate. * * * * * (7) 1,3,5-trichlorobenzene (CAS 108– (2) The resulting product of the 70–3); or Category IX—Military Training combination or conversion of any (8) 1,2,4-trihydroxybutane (1,2,4- Equipment substance controlled by this category butanetriol) (CAS 3068–00–6). into an item not controlled will no (a) Training equipment, as follows: *(h) Any explosive, propellant, longer be controlled by this category (1) Ground, surface, submersible, pyrotechnic, fuel, oxidizer, binder, provided the controlled item cannot space, or towed airborne targets that: additive, or precursor that (MT for easily be recovered through dissolution, (i) Have an infrared, radar, acoustic, articles designated as such): melting, sieving, etc. As an example, magnetic, or thermal signature that (1) Is classified; or mimic a specific defense article, specific (2) Is being developed using classified beryllium converted to a near net shape using hot isostatic processes will result other item, or specific person; or information (see § 120.10(a)(2) of this (ii) Are instrumented to provide hit/ subchapter). in an uncontrolled part. A cured thermoset containing beryllium powder miss performance information for Note to paragraph (h): ‘‘Classified’’ means is not controlled unless meeting an defense articles controlled in this classified pursuant to Executive Order 13526, explosive or propellant control. The subchapter; or predecessor order, and a security mixture of beryllium powder in a cured Note to paragraph (a)(1): Target drones are classification guide developed pursuant controlled in USML Category VIII(a). thereto or equivalent, or to the corresponding thermoset shape is not controlled by classification rules of another government or this category. The mixture of controlled (2) Devices that are mockups of international organization. beryllium powder mixed with a typical articles enumerated in this subchapter propellant binder will remain controlled (i) Developmental explosives, used for maintenance training or by this category. The addition of dry propellants, pyrotechnics, fuels, disposal training for ordnance silica powder to dry beryllium powder oxidizers, binders, additives, or enumerated in this subchapter; will remain controlled. precursors therefor funded by the Note to paragraph (a)(2): This paragraph (3) Paragraph (c)(4)(ii)(A) of this Department of Defense via contract or does not control mockups that do not reveal category does not apply to boron and other funding authorization. technical data (see ITAR § 120.10 of this boron carbide enriched with boron-10 subchapter) and do not contain parts, Note 1 to paragraph (i): This paragraph (20% or more of total boron-10 content). components, accessories, or attachments does not control explosives, propellants, (4) Theoretical specific impulse (Isp) controlled in this subchapter. pyrotechnics, fuels, oxidizers, binders, additives, or precursors therefor (a) in is calculated using standard conditions (3) Air combat maneuvering production, (b) determined to be subject to (1000 psi chamber pressure expanded to instrumentation and ground stations the EAR via a commodity jurisdiction 14.7 psi) and measured in units of therefor; determination (see § 120.4 of this pound-force-seconds per pound-mass (4) Physiological flight trainers for subchapter), or (c) identified in the relevant (lbf-s/lbm) or simplified to seconds (s). fighter aircraft or attack helicopters;

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(5) Radar trainers specially designed (d) [Reserved] (6) Helmets and helmet shells for training on radar controlled by (e) Technical data (see § 120.10 of this providing a protection level equal to or USML Category XI; subchapter) and defense services (see greater than NIJ Type IV; (6) Training devices specially § 120.9 of this subchapter) directly (7) Goggles, spectacles, visors, vision designed to be attached to a crew related to the defense articles blocks, canopies, or filters for optical station, mission system, or weapon of an enumerated in paragraphs (a) and (b) of sights or viewers, employing other than article controlled in this subchapter; this category. common broadband absorptive dyes or UV inhibitors as a means of protection Note to paragraph (a)(6): This paragraph Note to paragraph (e): This paragraph includes stimulators that are built-in or add- includes defense services (see § 120.9 of this (e.g., narrow band filters/dyes or on devices that cause the actual equipment subchapter) directly related to the software broadband limiters/coatings with high to act as a trainer. and associated databases enumerated in visible transparency), having an optical density greater than 3, and that protect (7) Anti-submarine warfare trainers; paragraph (b)(4) of this category even if no (8) Missile launch trainers; defense articles are used or transferred. against: (i) Multiple visible (in-band) laser (9) Radar target generators; (f)–(w) [Reserved] (10) Infrared scene generators; or wavelengths; (x) Commodities, software, and (ii) Thermal flashes associated with *(11) Any training device that: technical data subject to the EAR (see nuclear detonations; or (i) Is classified; § 120.42 of this subchapter) used in or (iii) Near infrared or ultraviolet (out- (ii) Contains classified software with defense articles controlled in this of-band) laser wavelengths; or directly related to defense articles in category. this subchapter or 600 series items Note 1 to paragraph (a)(7): See paragraphs subject to the EAR; or Note to paragraph (x): Use of this (d)(2) and (3) of this category for controls on paragraph is limited to license applications related parts, components, and materials. (iii) Is being developed using for defense articles controlled in this category classified information. ‘‘Classified’’ where the purchase documentation includes Note 2 to paragraph (a)(7): See USML means classified pursuant to Executive commodities, software, or technical data Category XII for sensor protection equipment. Order 13526, or predecessor order, and subject to the EAR (see § 123.1(b) of this (8) Developmental personal protective a security classification guide developed subchapter). equipment and specially designed parts, pursuant thereto or equivalent, or to the Note to USML Category IX: Parts, components, accessories, and corresponding classification rules of attachments therefor, developed for the another government or international components, accessories, or attachments of a simulator in this category that are common U.S. Department of Defense via contract organization. to the simulated system or simulated end- or other funding authorization. Note to paragraph (a): Training equipment item are controlled under the same USML Note 1 to paragraph (a)(8): This paragraph category or CCL ECCN as the parts, does not include combat games without item does not control personal protective signatures or tactics, techniques, and components, accessories, and attachments of equipment and specially designed parts, procedures covered by this subchapter. the simulated system or simulated end-item. components, accessories, and attachments (a) (b) Simulators, as follows: in production, (b) determined to be subject to Category X—Personal Protective (1) System specific simulators that the EAR via a commodity jurisdiction Equipment replicate the operation of an individual determination (see § 120.4 of this subchapter), or (c) identified in the relevant crew station, a mission system, or a (a) Personal protective equipment, as Department of Defense contract or other weapon of an end-item that is controlled follows: funding authorization as being developed for in this subchapter; (1) Body armor providing a protection both civil and military applications. (2) [Reserved] level equal to or greater than NIJ Type (3) [Reserved] IV; Note 2 to paragraph (a)(8): Note 1 does not (4) Software and associated databases apply to defense articles enumerated on the Note 1 to paragraph (a)(1): For body armor not elsewhere enumerated in this USML, whether in production or providing a level of protection of Type I, development. subchapter that can be used to model or Type II, Type IIA, Type IIIA, or Type III, see simulate the following: ECCNs 1A005 and 1A613. Note 3 to paragraph (a)(8): This paragraph (i) Trainers enumerated in paragraph is applicable only to those contracts and (a) of this category; Note 2 to paragraph (a)(1): See USML funding authorizations that are dated January (ii) Battle management; Category XIII(e) for controls on related 5, 2015, or later. materials. (iii) Military test scenarios/models; or (b) [Reserved] (iv) Effects of weapons enumerated in (2) Personal protective clothing, (c) [Reserved] this subchapter; or equipment, or face paints specially (d) Parts, components, assemblies, *(5) Simulators that: designed to protect against or reduce accessories, attachments, and associated (i) Are classified; detection by radar, IR, or other sensors equipment for the personal protective (ii) Contain classified software at wavelengths greater than 900 equipment controlled in this category, directly related to defense articles in nanometers; as follows: this subchapter or 600 series items (1) Ceramic or composite plates that Note to paragraph (a)(2): See USML subject to the EAR; or provide protection equal to or greater (iii) Are being developed using Category XIII(j) for controls on related materials. than NIJ Type IV; classified information. (2) Lenses, substrates, or filters Note to paragraph (b)(5): ‘‘Classified’’ (3) [Reserved] ‘‘specially designed’’ for the articles means classified pursuant to Executive Order (4) [Reserved] covered in paragraph (a)(7) of this 13526, or predecessor order, and a security (5) Integrated helmets, not specified category; classification guide developed pursuant in USML Category VIII(h)(15) or USML (3) Materials and coatings specially thereto or equivalent, or to the corresponding Category XII, incorporating optical designed for the articles covered in classification rules of another government or sights or slewing devices, which include paragraph (a)(7) of this category with international organization. the ability to aim, launch, track, or optical density greater than 3, as (c) [Reserved] manage munitions; follows:

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(i) Narrowband absorbing dyes; equipment and tooling, specially the end-item or component. Firmware (ii) Broadband optical switches or designed for the articles in paragraph (b) includes but is not limited to circuits limiters (i.e., nonlinear material, tunable of this category. into which software has been or switchable agile filters, optical power (e) Technical data (see § 120.10 of this programmed. limiters, near infrared interference subchapter) and defense services (see (f) Software includes but is not based filters); or § 120.9 of this subchapter) directly limited to the system functional design, (iii) Narrowband interference based related to the defense articles logic flow, algorithms, application notch filters (i.e., multi-layer dielectric enumerated in paragraph (b) of this programs, operating systems, and coatings, rugate, holograms or hybrid category. (See § 123.20 of this support software for design, (i.e., interference with dye)) protecting subchapter for nuclear related controls.) implementation, test, operation, against multiple laser wavelength and (f)–(w) [Reserved] diagnosis and repair. A person who having high visible band transparency; (x) Commodities, software, and intends to export software only should, or technical data subject to the EAR (see unless it is specifically enumerated in *(4) Any component, part, accessory, § 120.42 of this subchapter) used in or § 121.1 of this subchapter (e.g., USML attachment, equipment, or system that: with defense articles controlled in this Category XIII(b)), apply for a technical (i) Is classified; category. data license pursuant to part 125 of this (ii) Contains classified software Note to paragraph (x): Use of this subchapter. directly related to defense articles in paragraph is limited to license applications (g) A system is a combination of parts, this subchapter or 600 series items for defense articles controlled in this category subject to the EAR; or where the purchase documentation includes components, accessories, attachments, (iii) Is being developed using commodities, software, or technical data firmware, software, equipment, or end- classified information. subject to the EAR (see § 123.1(b) of this items that operate together to perform a subchapter). function. Note to paragraph (d)(4): ‘‘Classified’’ means classified pursuant to Executive Order * * * * * Note to paragraph (g): The industrial 13526, or predecessor order, and a security ■ 3. Section 121.5 is removed and standards established by INCOSE and NASA provide examples for when commodities and classification guide developed pursuant reserved, as follows: thereto or equivalent, or to the corresponding software operate together to perform a classification rules of another government or § 121.5 [Reserved] function as a system. References to these standards are included in this note to provide international government. ■ 4. Section 121.8 is revised to read as examples for when commodities or software Note to paragraphs (a) and (d): See follows: operate together to perform a function as a system. See the INCOSE standards for what National Institute of Justice Classification, § 121.8 End-items, components, constitutes a system at: http:// NIJ Standard-0101.06, or national accessories, attachments, parts, firmware, g2sebok.incose.org/app/mss/ equivalents, for a description of level of software, systems, and equipment. protection for armor. asset.cfm?ID=INCOSE%20G2SEBOK%202.00 (a) An end-item is a system, &ST=F, and in INCOSE SE Handbook v3.1 (e) Technical data (see § 120.10 of this equipment, or an assembled article 2007; ISO/IEC 15288:2008. See the NASA subchapter) and defense services (see ready for its intended use. Only standards for examples of what constitutes a § 120.9 of this subchapter) directly ammunition or fuel or other energy system in NASA SE Handbook SP–2007– related to the defense articles source is required to place it in an 6105 Rev 1. enumerated in paragraphs (a) through operating state. (d) of this category. (h) Equipment is a combination of (b) A component is an item which is parts, components, accessories, (f)–(w) [Reserved] useful only when used in conjunction (x) Commodities, software, and attachments, firmware, or software that with an end-item. A major component operate together to perform a function technical data subject to the EAR (see includes any assembled element which § 120.42 of this subchapter) used in or of, as, or for an end-item or system. forms a portion of an end-item without Equipment may be a subset of an end- with defense articles controlled in this which the end-item is inoperable. A category. item based on the characteristics of the minor component includes any equipment. Equipment that meets the Note to paragraph (x): Use of this assembled element of a major definition of an end-item is an end-item. paragraph is limited to license applications component. Equipment that does not meet the for defense articles controlled in this category (c) Accessories and attachments are definition of an end-item is a where the purchase documentation includes associated articles for any component, component, accessory, attachment, commodities, software, or technical data equipment, system, or end-item, and firmware, or software. subject to the EAR (see § 123.1(b) of this which are not necessary for its subchapter). ■ operation, but which enhance its 5. Section 121.11 is removed and * * * * * usefulness or effectiveness. reserved, as follows: (d) A part is any single unassembled § 121.11 [Reserved] Category XVI—Nuclear Weapons element of a major or a minor Related Articles component, accessory, or attachment PART 123—LICENSES FOR THE (a) [Reserved] which is not normally subject to EXPORT AND TEMPORARY IMPORT *(b) Modeling or simulation tools that disassembly without the destruction or OF DEFENSE ARTICLES model or simulate the environments the impairment of designed use. generated by nuclear detonations or the (e) Firmware and any related unique ■ 6. The authority citation for part 123 effects of these environments on support tools (such as computers, continues to read as follows: systems, subsystems, components, linkers, editors, test case generators, Authority: Secs. 2, 38, and 71, Pub. L. 90– structures, or humans. diagnostic checkers, library of functions, 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, (c) [Reserved] and system test diagnostics) directly 2797); 22 U.S.C. 2753; 22 U.S.C. 2651a; 22 (d) Parts, components, accessories, related to equipment or systems covered U.S.C. 2776; Pub. L. 105–261, 112 Stat. 1920; attachments, associated equipment, and under any category of the U.S. Sec 1205(a), Pub. L. 107–228; Section 1261, production, testing, and inspection Munitions List are considered as part of Pub. L. 112–239; E.O. 13637, 78 FR 16129.

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■ 7. Section 123.20 is amended by (ix) [Reserved] demonstration with the revision to revising paragraph (a) and paragraph (c) * * * * * demonstrate that the less-stringent RVP introductory text, to read as follows: (xi) [Reserved] standard of 9.0 psi in these areas would * * * * * not interfere with continued § 123.20 Nuclear related controls. maintenance of the 1997 8-hour Ozone (a) The provisions of this subchapter PART 125—LICENSES FOR THE National Ambient Air Quality Standards do not apply to articles, technical data, EXPORT OF TECHNICAL DATA AND (NAAQS) or any other applicable or services in Category VI, Category XVI, CLASSIFIED DEFENSE ARTICLES standard. Approval of this SIP revision or Category XX of § 121.1 of this is a prerequisite for EPA’s consideration subchapter to the extent that exports of ■ 10. The authority citation for part 125 of an amendment to the regulations to such articles, technical data, or services continues to read as follows: remove the aforementioned portions of are controlled by the Department of the Triangle Area from the list of areas Energy or the Nuclear Regulatory Authority: Secs. 2 and 38, Pub. L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778); 22 U.S.C. that are currently subject to the Federal Commission pursuant to the Atomic 2651a; E.O. 13637, 78 FR 16129. 7.8 psi RVP requirements. In addition, Energy Act of 1954, as amended, and EPA is also approving changes to the ■ the Nuclear Non-Proliferation Act of 11. Section 125.1 is amended by motor vehicle emission budgets 1978, as amended, or are pursuant to a revising paragraph (e) to read as follows: (MVEBs) used in the 1997 8-hour ozone government transfer authorized § 125.1 Exports subject to this part. maintenance plan for the Triangle Area. pursuant to these Acts. For Department EPA has determined that North of Commerce controls, see 15 CFR 742.3 * * * * * (e) For the export of technical data Carolina’s March 27, 2013, SIP revision and 744.2, administered pursuant to with respect to the modeling changes Section 309(c) of the Nuclear related to articles in Category VI(e), Category XVI, and Category XX(b)(1) of and associated technical demonstration, Nonproliferation Act of 1978, as and with respect to the updated MVEBs, amended (42 U.S.C. 2139a(c)), and 15 § 121.1 of this subchapter, please see § 123.20 of this subchapter. is consistent with the applicable CFR 744.5, none of which are subject to provisions of the Clean Air Act (CAA or the provisions of this subchapter. Rose E. Gottemoeller, Act). Should EPA decide to remove the * * * * * Acting Under Secretary, Arms Control and subject portions of the Triangle Area (c) A license for the export of a International Security, Department of State. from those areas subject to the 7.8 psi defense article, technical data, or the [FR Doc. 2013–31323 Filed 12–31–13; 8:45 am] Federal RVP requirements, such action furnishing of a defense service relating BILLING CODE 4710–25–P will occur in a subsequent rulemaking. to defense articles referred to in DATES: This rule will be effective on Category VI(e) or Category XX(b)(1) of February 3, 2014. § 121.1 of this subchapter will not be ENVIRONMENTAL PROTECTION ADDRESSES: EPA has established a granted unless the defense article, AGENCY docket for this action under Docket technical data, or defense service comes Identification No. EPA–R04–OAR– within the scope of an existing 40 CFR Part 52 2013–0563. All documents in the docket Agreement for Cooperation for Mutual are listed on the www.regulations.gov Defense Purposes concluded pursuant [EPA–R04–OAR–2013–0563; FRL–9904–89- Region 4] Web site. Although listed in the index, to the Atomic Energy Act of 1954, as some information is not publicly amended, with the government of the Approval and Promulgation of available, i.e., Confidential Business country to which the defense article, Implementation Plans; North Carolina: Information or other information whose technical data, or defense service is to Non-Interference Demonstration for disclosure is restricted by statute. be exported. Licenses may be granted in Removal of Federal Low-Reid Vapor Certain other material, such as the absence of such an agreement only: Pressure Requirement for the Raleigh- copyrighted material, is not placed on * * * * * Durham-Chapel Hill Area the Internet and will be publicly PART 124—AGREEMENTS, OFF- AGENCY: Environmental Protection available only in hard copy form. SHORE PROCUREMENT, AND OTHER Agency (EPA). Publicly available docket materials are available either electronically through DEFENSE SERVICES ACTION: Final rule. www.regulations.gov or in hard copy at ■ 8. The authority citation for part 124 SUMMARY: EPA is approving the State of the Regulatory Development Section, continues to read as follows: North Carolina’s March 27, 2013, State Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Authority: Sec. 2, 38, and 71, Pub. L. 90– Implementation Plan (SIP) revision to 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, the State’s approved Maintenance Plan Environmental Protection Agency, 2797); 22 U.S.C. 2651a; 22 U.S.C. 2776; Pub. for the Raleigh-Durham-Chapel Hill Region 4, 61 Forsyth Street SW., L. 105–261; Section 1261, Pub. L. 112–239; 1997 8-hour Ozone Maintenance Area Atlanta, Georgia 30303–8960. EPA E.O. 13637, 78 FR 16129. (Triangle Area). Specifically, North requests that if at all possible, you contact the person listed in the FOR ■ 9. Section 124.2 is amended by Carolina’s revision, including updated FURTHER INFORMATION CONTACT section to removing and reserving paragraphs modeling, shows that the Triangle Area schedule your inspection. The Regional (c)(5)(iii), (c)(5)(ix), and (c)(5)(xi), as would continue to maintain the 1997 8- Office’s official hours of business are follows: hour ozone standard if the currently applicable Federal Reid Vapor Pressure Monday through Friday, 8:30 to 4:30 § 124.2 Exemptions for training and (RVP) standard for gasoline of 7.8 excluding federal holidays. military service. pounds per square inch (psi) were FOR FURTHER INFORMATION CONTACT: * * * * * modified to 9.0 psi for three portions Sean Lakeman, Regulatory Development (c) * * * (Wake and Durham Counties, and a Section, Air Planning Branch, Air, (5) * * * portion of Granville County) of the Pesticides and Toxics Management (iii) [Reserved] Triangle Area during the high-ozone Division, U.S. Environmental Protection * * * * * season. The State included a technical Agency, Region 4, 61 Forsyth Street

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