<<

34572 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

Related Definitions: N/A SUMMARY: As part of the President’s Arms Regulations (ITAR) (22 CFR parts Items: Export Control Reform effort, the 120–130). The items subject to the The list of items controlled is contained in Department of State proposes to amend jurisdiction of the ITAR, i.e., ‘‘defense the ECCN heading. the International Traffic in Arms articles,’’ are identified on the ITAR’s ■ 9. In Supplement No. 1 to Part 774 Regulations (ITAR) to revise Categories U.S. Munitions List (USML) (22 CFR (the Commerce Control List), Category XIV (toxicological agents, including 121.1). With few exceptions, items not 6—Sensors and Lasers,’’ add a new chemical agents, biological agents, and subject to the export control jurisdiction ECCN 6E619 between ECCNs 6E202 and associated equipment) and XVIII of the ITAR are subject to the 6E990 to read as follows: (directed energy weapons) of the U.S. jurisdiction of the Export 6E619 ‘‘Technology’’ ‘‘required’’ for the Munitions List (USML) to describe more Administration Regulations (‘‘EAR,’’ 15 ‘‘development,’’ ‘‘production,’’ precisely the articles warranting control CFR parts 730–774, which includes the operation, installation, maintenance, on the USML. The revisions contained Commerce Control List (CCL) in repair, overhaul or refurbishing of in this rule are part of the Department Supplement No. 1 to Part 774), commodities controlled by 6B619 or of State’s retrospective plan under E.O. administered by the Bureau of Industry ‘‘software’’ controlled by 6D619. 13563 completed on August 17, 2011. and Security (BIS), U.S. Department of License Requirements The Department of State’s full plan can Commerce. Both the ITAR and the EAR be accessed at http://www.state.gov/ impose license requirements on exports Reason for Control: NS, RS, AT, UN documents/organization/181028.pdf. and reexports. Items not subject to the Country chart DATES: The Department of State will ITAR or to the exclusive licensing Control(s) (see Supp. No. 1 to accept comments on this proposed rule jurisdiction of any other set of Part 738) until August 17, 2015. regulations are subject to the EAR. NS applies to entire NS Column 1. ADDRESSES: Interested parties may Revision of Category XIV entry. submit comments within 60 days of the This proposed rule revises USML RS applies to entire RS Column 1. date of publication by one of the Category XIV, covering toxicological entry. following methods: • agents, including chemical agents, AT applies to entire AT Column 1. Email: biological agents, and associated entry. [email protected] with equipment. The revisions are proposed UN applies to entire See § 746.1(b) for UN the subject line, ‘‘ITAR Amendment— entry. controls. in order to advance the national security Categories XIV and XVIII.’’ objectives of greater interoperability • Internet: At www.regulations.gov, License Exceptions with U.S. allies, enhancing the defense search for this proposed rule by using CIV: N/A industrial base, and permitting the U.S. TSR: N/A this rule’s RIN (1400–AD03). Comments received after that date government to focus its resources on transactions of greater concern. Special Conditions for STA will be considered if feasible, but Additionally, the revisions are intended STA: Paragraph (c)(2) of License Exception consideration cannot be assured. Those to more accurately describe the articles STA (§ 740.20(c)(2) of the EAR) may not be submitting comments should not within the subject categories, in order to used for any item in 6E619. include any personally identifying establish a ‘‘bright line’’ between the information they do not wish to be List of Items Controlled USML and the CCL for the control of made public or information for which a Related Controls: Technical data directly these articles. related to articles enumerated or otherwise claim of confidentiality is asserted This proposed rule implements described in USML Category XVIII are because those comments and/or changes consistent with the subject to the ITAR (See 22 CFR 121.1, transmittal emails will be made requirements of Executive Order 13546 Category XVIII(f)). available for public inspection and on Optimizing the Security of Biological Related Definitions: N/A copying after the close of the comment Items: Select Agents and Toxins in the United period via the Directorate of Defense States, which includes direction to The list of items controlled is contained in Trade Controls Web site at the ECCN heading. address variations in, and limited www.pmddtc.state.gov. Parties who coordination of, individual executive Dated: June 9, 2015. wish to comment anonymously may do departments’ and agencies’ oversight Kevin J. Wolf, so by submitting their comments via that add to the cost and complexity of Assistant Secretary for Export www.regulations.gov, leaving the fields compliance. It also directs a risk-based Administration. that would identify the commenter tiering of the biological select agent list. [FR Doc. 2015–14474 Filed 6–16–15; 8:45 am] blank and including no identifying As a result, the proposed control BILLING CODE 3510–33–P information in the comment itself. language in paragraph (b) adopts the Comments submitted via ‘‘Tier 1’’ pathogens and toxins www.regulations.gov are immediately established in the Department of Health DEPARTMENT OF STATE available for public inspection. and Human Services and the United FOR FURTHER INFORMATION CONTACT: Mr. States Department of Agriculture select 22 CFR Part 121 C. Edward Peartree, Director, Office of agent regulations (42 CFR part 73 and 9 Defense Trade Controls Policy, RIN 1400–AD03 CFR 121) for those pathogens and toxins Department of State, telephone (202) that meet specific capabilities listed in [Public Notice: 9166] 663–2792; email paragraph (b). The Tier 1 pathogens and [email protected]. toxins that do not meet these Amendment to the International Traffic ATTN: ITAR Amendment—USML capabilities remain controlled in Export in Arms Regulations: Revision of U.S. Categories XIV and XVIII. Control Classification Number (ECCN) Munitions List Categories XIV and XVIII SUPPLEMENTARY INFORMATION: The 1C351 or 1C352 on the CCL. AGENCY: Department of State. Directorate of Defense Trade Controls Additionally, this rule, in concert (DDTC), U.S. Department of State, with the analogous proposed rule ACTION: Proposed rule. administers the International Traffic in published by the Department of

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34573

Commerce, proposes the movement of tool to aid exporters in determining use and on the Wassenaar agents to the export whether a defense article meets the Arrangement’s Dual Use List. The jurisdiction of the Department of definition of ‘‘specially designed.’’ This Department welcomes the assistance of Commerce, as well as the articles tool is available at http:// users of the lists and requests input on covered currently in paragraphs (j), (k), www.pmddtc.state.gov/licensing/ the following: and (l), which include test facilities, dt_SpeciallyDesigned.htm. (1) A key goal of this rulemaking is to equipment for the destruction of Proposed revised paragraph (i) is ensure the USML and the CCL together chemical and biological agents, and updated to provide better clarity on the control all the items that meet tooling for production of articles in scope of the control by including Wassenaar Arrangement commitments paragraph (f), respectively. examples of Department of Defense embodied in Munitions List Categories Other changes include the addition of tools that are used to determine or 7 (WA–ML7) and 19 (WA–ML19). The paragraph (a)(5) to control chemical estimate potential effects of chemical or public is therefore asked to identify any warfare agents ‘‘adapted for use in war’’ biological weapons strikes and incidents potential lack of coverage brought about and not elsewhere enumerated, as well in order to plan to mitigate their by the proposed rules for Categories XIV as the removal of paragraphs (f)(3) and impacts. and XVIII contained in this proposed (f)(6) and movement to the CCL of A new paragraph (x) has been added rule and the new Category 1 and equipment for the sample collection and to USML Category XIV, allowing ITAR Category 6 ECCNs published separately decontamination or remediation of licensing on behalf of the Department of by the Department of Commerce when chemical agents and biological agents. Commerce for commodities, software, reviewed together. Paragraph (f)(5) for collective protection and technology subject to the EAR (2) Another key goal of this was removed and partially combined in provided those commodities, software, rulemaking is to identify items proposed (f)(4) or the CCL. Proposed paragraph (g) and technology are to be used in or with for control on the USML or the CCL that enumerates antibodies, recombinant defense articles controlled in USML are not controlled on the Wassenaar protective antigens, polynucleotides, Category XIV and are described in the Arrangement’s Munitions or Dual Use biopolymers, or biocatalysts exclusively purchase documentation submitted with List. The public is therefore asked to funded by a Department of Defense the application. The intent of paragraph identify any potential expansion of contract for detection of the biological (x) is not to impose ITAR jurisdiction on coverage brought about by the proposed agents listed in paragraph (b)(1)(ii). commodities, software, and technology rules for Categories XIV and XVIII The Department notes that the subject to EAR controls. contained in this proposed rule and the controls in paragraph (f)(2) that include Finally, the rule proposes to only new Category 1 and Category 6 ECCNs the phrase ‘‘developed under a control on the USML chemical or published separately by the Department Department of Defense contract or other biological agent detectors when they of Commerce when reviewed together. funding authorization’’ do not apply contain Department of Defense reagents, (3) A third key goal of this rulemaking when the Department of Defense acts spectra, algorithms, databases, etc. is to establish a ‘‘bright line’’ between solely as a servicing agency for a the USML and the CCL for the control contract on behalf of another agency of Revision of Category XVIII of these materials. The public is asked the U.S. government. This proposed rule revises USML to provide specific examples of The Department notes that the Category XVIII, covering directed energy toxicological agents, including chemical controls in paragraphs (g)(1) and (h) that weapons. As with USML Category XIV, agents, biological agents, and associated include the phrase ‘‘exclusively funded the revisions are proposed in order to equipment, as well as directed energy by a Department of Defense contract’’ do advance the national security objectives weapons, whose jurisdiction would be not apply when the Department of set forth above and to more accurately in doubt based on this revision. The Defense acts solely as a servicing agency describe the articles within the subject public is also asked to comment on for a contract on behalf of another categories, in order to establish a ‘‘bright whether there is a sufficiently clear line agency of the U.S. government, or, for line’’ between the USML and the CCL drawn between the biological items example, in cases where the Department for the control of these articles. A proposed for control by USML Category of Defense provides initial funding for change proposed in this rule would XIV(b) and those proposed for control the development of an item but another revise paragraph (a) to control only under the CCL. agency of the U.S. government provides those items that satisfy the paragraph’s (4) Although the proposed revisions funding to further develop or adapt the definition of ‘‘directed energy weapon,’’ to the USML do not preclude the item. which focuses on the sole or primary possibility that items in normal Proposed paragraph (h) enumerates purpose of the article in order to commercial use would or should be certain vaccines funded exclusively by exclude those items that might achieve ITAR-controlled because, e.g., they the Department of Defense, as well as the same effect in an incidental, provide the United States with a critical certain vaccines controlled in (h)(2) that accidental, or collateral manner. military or intelligence advantage, the are specially designed for the sole The articles controlled currently in U.S. government does not want to purpose of protecting against biological paragraphs (c) and (d) would move to inadvertently control items on the ITAR agents and biologically derived the export control jurisdiction of the that are in normal commercial use. substances identified in (b). Thus, the Department of Commerce. Items that would be controlled on the scope of vaccines controlled in (h)(2) is The remaining paragraphs in this USML in this proposed rule have been circumscribed by the nature of funding, category would undergo conforming identified as possessing parameters or the satisfaction of the term ‘‘specially changes to bring their structures into characteristics that provide a critical designed’’ as that term is defined in alignment with the analogous military or intelligence advantage. The ITAR § 120.41, and the limitations in (b) provisions found in other revised USML public is thus asked to provide specific that control only those biological agents categories. examples of items, or associated and biologically derived substances technical data, if any, that would be meeting specific criteria. In evaluating Request for Comments controlled in the revised USML the scope of this control, please note The proposed revisions to the USML Categories XIV or XVIII that are now in that the Department offers a decision will control items in normal commercial normal commercial use, or that are

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS 34574 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

commonly used or produced in civilian controls on certain civilian and public private sector, of $100 million or more scientific laboratories. The examples health equipment containing the items in any year and it will not significantly should demonstrate actual commercial listed in paragraph (f)(2). Accordingly, or uniquely affect small governments. or civilian scientific use, not just as proposed, paragraph (f)(2) may Therefore, no actions were deemed potential or theoretical use, with control detection equipment that may necessary under the provisions of the supporting documents, as well as not warrant ITAR control, but contains Unfunded Mandates Reform Act of foreign availability of such items. items that are fully or partially Defense- 1995. Additionally, for any criteria the public funded. The Department requests believes control items in normal comment from the public, including Small Business Regulatory Enforcement commercial or civilian scientific use, specific examples of equipment that the Fairness Act of 1996 the public is asked to identify public believes may be unintentionally This proposed amendment has been parameters or characteristics that cover controlled by this text by virtue of found not to be a major rule within the items exclusively or primarily in Defense funding. meaning of the Small Business military use. Finally, for any criteria the In addition, the Department Regulatory Enforcement Fairness Act of public believes control items in normal acknowledges that some members of the 1996. commercial use, the public is asked to public may not be able comment identify the multilateral controls (such meaningfully on this matter because Executive Orders 12372 and 13132 as the Wassenaar Arrangement’s Dual they lack full awareness of items that Use List), if any, for such items, and the have previously been fully or partially This proposed amendment will not consequences of such items being developed under Defense funding. To have substantial direct effects on the controlled on the USML. the extent that commenters require States, on the relationship between the (5) The public is asked to provide specific additional information about national government and the States, or comment on the proposed definition of the scope of Defense funding in certain on the distribution of power and ‘‘non-naturally occurring’’ in Note 2 to contexts, the Department requests that responsibilities among the various Category XIV(b), if the proposed commenters identify any relevant gaps levels of government. Therefore, in definition does not appear to be in knowledge. accordance with Executive Order 13132, comprehensive. The public is also asked it is determined that this proposed Regulatory Analysis and Notices to comment on ‘‘non-naturally amendment does not have sufficient occurring’’ in the context of genetic Administrative Procedure Act federalism implications to require modification and consider whether the consultations or warrant the preparation definition is sufficient to distinguish The Department of State is of the opinion that controlling the import and of a federalism summary impact military or intelligence purposes from statement. The regulations commercial or civilian purposes. export of defense articles and services is (6) The public is asked to provide a foreign affairs function of the United implementing Executive Order 12372 specific examples of reagents that may States Government and that rules regarding intergovernmental be inadvertently controlled by Category implementing this function are exempt consultation on Federal programs and XIV(b), XIV(f), XIV(g), or XIV(m), that from sections 553 (Rulemaking) and 554 activities do not apply to this proposed are commonly used for scientific (Adjudications) of the Administrative amendment. research and development, or medical Procedure Act. Although the Executive Order 12866 and 13563 countermeasures that may similarly be Department is of the opinion that this inadvertently controlled and the rule is exempt from the rulemaking Executive Orders 12866 and 13563 dissemination of which would be in the provisions of the APA, the Department direct agencies to assess all costs and interest of public health or medical is publishing this rule with a 60-day benefits of available regulatory preparedness. provision for public comment and alternatives and, if regulation is (7) The public is asked to specifically without prejudice to its determination necessary, to select regulatory evaluate and comment on the decision that controlling the import and export of approaches that maximize net benefits process outlined in the proposed rule defense services is a foreign affairs (including potential economic, that would be used to determine function. As noted above, and also environmental, public health and safety whether vaccines that are intended to be without prejudice to the Department effects, distributed impacts, and equity). developed and used to protect public position that this rulemaking is not Executive Order 13563 emphasizes the and veterinary health against any event subject to the APA, the Department importance of quantifying both costs resulting from exposure to naturally previously published a related Advance and benefits, of reducing costs, of occurring or non-naturally occurring Notice of Proposed Rulemaking (RIN harmonizing rules, and of promoting pathogens or toxins is sufficiently clear 1400–AC78) on December 10, 2010 (75 flexibility. This rule has been to allow research and commercial FR 76935), and accepted comments for designated a ‘‘significant regulatory entities to determine whether a vaccine 60 days. action,’’ although not economically would unintentionally be captured significant, under section 3(f) of under this rule. Please provide specific Regulatory Flexibility Act Executive Order 12866. Accordingly, examples that demonstrate how the Since the Department is of the the rule has been reviewed by the Office proposed rule would prevent or hinder opinion that this rule is exempt from the of Management and Budget (OMB). the ability to develop or utilize vaccines rulemaking provisions of 5 U.S.C. 553, for public health or veterinary benefit it does not require analysis under the Executive Order 12988 under this proposed language and Regulatory Flexibility Act. decision process. The Department of State has reviewed (8) In the interest of ensuring the Unfunded Mandates Reform Act of 1995 the proposed amendment in light of security of and control over certain This proposed amendment does not sections 3(a) and 3(b)(2) of Executive types of chemical and biological involve a mandate that will result in the Order 12988 to eliminate ambiguity, detection equipment, Category XIV(f)(2) expenditure by State, local, and tribal minimize litigation, establish clear legal could incidentally impose ITAR governments, in the aggregate, or by the standards, and reduce burden.

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34575

Executive Order 13175 that there will be 800 fewer DSP–73 § 121.1 The United States Munitions List. The Department of State has submissions annually following full * * * * * determined that this rulemaking will revision of the USML. This would result in a burden reduction of 800 hours Category XIV—Toxicological Agents, not have tribal implications, will not Including Chemical Agents, Biological impose substantial direct compliance annually. (5) Application for Amendment to Agents, and Associated Equipment costs on Indian tribal governments, and License for Export or Import of *(a) Chemical agents, to include: will not preempt tribal law. Classified or Unclassified Defense (1) Nerve agents, as follows: Accordingly, Executive Order 13175 Articles and Related Technical Data, (i) O-Alkyl (equal to or less than C10, does not apply to this rulemaking. DSP–6, –62, –74, –119, OMB No. 1405– including cycloalkyl) alkyl (Methyl, Paperwork Reduction Act 0092. The Department estimates that Ethyl, n-Propyl or Isopropyl) phosphonofluoridates, such as: Following is a listing of approved there will be 2,000 fewer amendment (GB): O-Isopropyl collections that will be affected by submissions annually following full methylphosphonofluoridate (CAS 107– revision of the U.S. Munitions List revision of the USML. This would result 44–8) (CWC Schedule 1A); and (USML) and the Commerce Control List in a burden reduction of 1,000 hours (GD): O-Pinacolyl pursuant to the President’s Export annually. (6) Request for Approval of methylphosphonofluoridate (CAS 96– Control Reform (ECR) initiative. This Manufacturing License Agreements, 64–0) (CWC Schedule 1A); rule continues the implementation of Technical Assistance Agreements, and (ii) O-Alkyl (equal to or less than C10, ECR. The list of collections and the Other Agreements, DSP–5, OMB No. including cycloalkyl) N,N-dialkyl description of the manner in which they 1405–0093. The Department estimates (Methyl, Ethyl, n-Propyl or Isopropyl) will be affected pertains to revision of that there will be 1,000 fewer agreement phosphoramidocyanidates, such as: the USML in its entirety, not only to the submissions annually following full (GA): O-Ethyl N, N- categories published in this rule. In revision of the USML. This would result dimethylphosphoramidocyanidate (CAS accordance with the Paperwork in a burden reduction of 2,000 hours 77–81–6) (CWC Schedule 1A); or Reduction Act, the Department of State annually. (iii) O-Alkyl (H or equal to or less will request comment on these (7) Maintenance of Records by than C10, including cycloalkyl) S–2- collections from all interested persons. Registrants, OMB No. 1405–0111. The dialkyl (Methyl, Ethyl, n-Propyl or In particular, the Department will seek requirement to actively maintain Isopropyl) aminoethyl alkyl (Methyl, comment on changes to licensing records pursuant to provisions of the Ethyl, n-Propyl or Isopropyl) burden based on implementation of International Traffic in Arms phosphonothiolates and corresponding regulatory changes pursuant to ECR, and Regulations (ITAR) will decline alkylated and protonated salts, such as on projected changes based on commensurate with the drop in the VX: O-Ethyl S–2-diisopropylaminoethyl continued implementation of regulatory number of persons who will be required methyl phosphonothiolate (CAS 50782– changes pursuant to ECR. The affected to register with the Department 69–9) (CWC Schedule 1A); information collections are as follows: pursuant to the ITAR. As stated above, (2) Amiton: O,O-Diethyl S- (1) Statement of Registration, DS– the Department estimates that up to [2(diethylamino)ethyl] 2032, OMB No. 1405–0002. The 5,000 of the currently-registered persons phosphorothiolate and corresponding Department estimates that between will not need to maintain registration alkylated or protonated salts (CAS 78– 3,000 and 5,000 of currently-registered following full revision of the USML. 53–5) (CWC Schedule 2A); persons will not need to maintain This would result in a burden reduction (3) Vesicant agents, as follows: registration following full revision of the of 100,000 hours annually. However, the (i) Sulfur mustards, such as: 2- USML. This would result in a burden ITAR does provide for the maintenance Chloroethylchloromethylsulfide (CAS reduction of between 6,000 and 10,000 of records for a period of five years. 2625–76–5) (CWC Schedule 1A); Bis(2- hours annually, based on a revised time Therefore, persons newly relieved of the chloroethyl)sulfide (HD) (CAS 505–60– burden of two hours to complete a requirement to register with the 2) (CWC Schedule 1A); Bis(2- Statement of Registration. Department may still be required to chloroethylthio)methane (CAS 63839– (2) Application/License for Permanent maintain records. 13–6) (CWC Schedule 1A); 1,2-bis (2- Export of Unclassified Defense Articles chloroethylthio)ethane (CAS 3563–36– and Related Unclassified Technical List of Subjects in 22 CFR Part 121 8) (CWC Schedule 1A); 1,3-bis (2- Data, DSP–5, OMB No. 1405–0003. The Arms and munitions, Exports. chloroethylthio)-n-propane (CAS Department estimates that there will be Accordingly, for the reasons set forth 63905–10–2) (CWC Schedule 1A); 1,4- 35,000 fewer DSP–5 submissions above, Title 22, Chapter I, Subchapter bis (2-chloroethylthio)-n-butane (CWC annually following full revision of the M, part 121 is proposed to be amended Schedule 1A); 1,5-bis (2- USML. This would result in a burden as follows: chloroethylthio)-n-pentane (CWC reduction of 35,000 hours annually. Schedule 1A); Bis (2- (3) Application/License for PART 121—THE UNITED STATES chloroethylthiomethyl)ether (CWC Temporary Import of Unclassified MUNITIONS LIST Schedule 1A); Bis (2- Defense Articles, DSP–61, OMB No. chloroethylthioethyl)ether (CAS 63918– 1405–0013. The Department estimates ■ 1. The authority citation for part 121 89–8) (CWC Schedule 1A); that there will be 200 fewer DSP–61 continues to read as follows: (ii) Lewisites, such as: 2- submissions annually following full Authority: Secs. 2, 38, and 71, Pub. L. 90– chlorovinyldichloroarsine (CAS 541– revision of the USML. This would result 629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 25–3) (CWC Schedule 1A); Tris (2- in a burden reduction of 100 hours 2797); 22 U.S.C. 2651a; Pub. L. 105–261, 112 chlorovinyl) (CAS 40334–70–1) annually. Stat. 1920; Section 1261, Pub. L. 112–239; (CWC Schedule 1A); Bis (2-chlorovinyl) (4) Application/License for E.O. 13637, 78 FR 16129. chloroarsine (CAS 40334–69–8) (CWC Temporary Export of Unclassified ■ 2. Section 121.1 is amended by Schedule 1A); Defense Articles, DSP–73, OMB No. revising U.S. Munitions List Categories (iii) Nitrogen mustards, or their 1405–0023. The Department estimates XIV and XVIII to read as follows: protonated salts, as follows:

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS 34576 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

(A) HN1: bis (2-chloroethyl) (trichloronitromethane), immunity, or response to standard ethylamine (CAS 538–07–8) (CWC Fluorine, and Liquid pepper. medical countermeasures. Schedule 1A); Note 1 to paragraph (b): Non-naturally (B) HN2: bis (2-chloroethyl) Note 2 to paragraph (a): Regarding U.S. obligations under the Chemical Weapons occurring means that the modification has methylamine (CAS 51–75–2) (CWC Convention (CWC), refer to Chemical not already been observed in nature, was not Schedule 1A); Weapons Convention Regulations (CWCR) discovered from samples obtained from (C) HN3: tris (2-chloroethyl) amine (15 CFR parts 710 through 722). As nature, and was developed with human (CAS 555–77–1) (CWC Schedule 1A); or appropriate, the CWC schedule is provided to intervention. (D) Other nitrogen mustards, or their assist the exporter. salts, having a propyl, isopropyl, butyl, Note 2 to paragraph (b): This paragraph *(b) Biological agents and biologically isobutyl, or tertiary butyl group on the does not control biological agents or derived substances and genetic elements biologically derived substances, when these bis(2-chloroethyl) amine base; thereof as follows: agents or substances have been demonstrated Note 1 to paragraph (a)(3)(iii): (1) Genetically modified biological to be attenuated relative to natural Pharmaceutical formulations containing agents: pathogenic isolates, and are incapable of nitrogen mustards or certain reference (i) Having non-naturally occurring causing disease or intoxication of ordinarily standards for these formulations are not genetic modifications which result in an affected and relevant species (e.g., humans, considered to be chemical agents and are livestock, crop plants) due to the attenuation subject to the EAR when: 1) the increase in any of the following: of virulence or pathogenic factors. This pharmaceutical is in the form of a final (A) Persistence in a field environment paragraph also does not control genetic medical product, or 2) the reference standard (e.g., resistance to , UV damage, elements, nucleic acids, or nucleic acid contains salts of HN2 [bis(2-chloroethyl) temperature extremes, or arid sequences (whether recombinant or methylamine], the quantity to be shipped is conditions); or synthetic) that are unable to produce or 150 milligrams or less, and individual (B) The ability to defeat or overcome direct the biosynthesis of infectious or shipments do not exceed twelve per calendar standard detection methods, personnel functional forms of the biological agents or year per end user. protection, natural or acquired host biologically derived substances that are immunity, host immune response, or capable of causing disease or intoxication of Note 2 to paragraph (a)(3)(iii): A ‘‘final ordinarily affected and relevant species. medical product,’’ as used in this paragraph, response to standard medical is a pharmaceutical formulation that is (1) countermeasures; and Note 3 to paragraph (b): Biological agents designed for testing and administration in the (ii) Being any micro-organisms/toxins or biologically derived substances that meet treatment of human medical conditions, (2) or their non-naturally occurring genetic both paragraphs (b)(1) and (b)(2) of this prepackaged for distribution as a clinical or elements as listed below: category are controlled in paragraph (b)(1). medical product, and (3) approved by the (A) Bacillus anthracis; Food and Drug Administration to be *(c) Chemical agent binary precursors (B) Botulinum producing and key precursors, as follows: marketed as a clinical or medical product or species of Clostridium; for use as an ‘‘Investigational New Drug’’ (1) Alkyl (Methyl, Ethyl, n-Propyl or (IND) (see 21 CFR part 312) (C) Burkholderia mallei; Isopropyl) phosphonyl difluorides, such (D) Burkholderia pseudomallei; as: DF: Methyl Phosphonyldifluoride (iv) (ED) (CAS (E) Ebola virus; (CAS 676–99–3) (CWC Schedule 1B); 598–14–1); or (F) Foot-and-mouth disease virus; Methylphosphinyldifluoride (CAS 753– (v) (MD) (CAS (G) Francisella tularensis; 593–89–5); 59–3) (CWC Schedule 2B); (H) Marburg virus; (2) O-Alkyl (H or equal to or less than (4) Incapacitating agents, such as: (I) Variola major virus (Smallpox (i) 3-Quinuclindinyl benzilate (BZ) C10, including cycloalkyl) O–2-dialkyl virus); (CAS 6581–06–2) (CWC Schedule 2A); (methyl, ethyl, n-Propyl or isopropyl) (ii) Diphenylchloroarsine (DA) (CAS (J) Variola minor virus (Alastrim); aminoethyl alkyl (methyl, ethyl, N- 712–48–1); or (K) Yersinia pestis; or propyl or isopropyl) phosphonite and (iii) (DC) (CAS (L) Rinderpest virus. corresponding alkylated and protonated 23525–22–6); (2) Biological agent or biologically salts, such as QL: O-Ethyl-2-di- (5) agents not derived substances controlled in ECCNs isopropylaminoethyl enumerated above adapted for use in 1C351, 1C352, 1C353, or 1C354: methylphosphonite (CAS 57856–11–8) war to produce casualties in humans or (i) Physically modified, formulated, or (CWC Schedule 1B); animals, degrade equipment, or damage produced as any of the following: (3) : O-Isopropyl crops or the environment. (See the CCL (A) 1—10 micron particle size; methylphosphonochloridate (CAS at ECCNs 1C350, 1C355, and 1C395 for (B) Particle-absorbed or combined 1445–76–7) (CWC Schedule 1B); control of certain chemicals not adapted with nano-particles; (4) : O-Pinakolyl for use in war.) (C) Having coatings/surfactants, or methylphosphonochloridate (CAS Note to paragraph (a)(5): ‘‘Adapted (D) By microencapsulation; and 7040–57–5) (CWC Schedule 1B); or for use in war’’ means any modification (ii) Meeting the criteria of paragraph (5) Methlyphosphonyl dichloride or selection (such as altering purity, (b)(2)(i) of this category in a manner that (CAS 676–97–1) (CWC Schedule 2B); shelf life, dissemination characteristics, results in an increase in any of the Methylphosphinyldichloride (CAS 676– or resistance to ultraviolet radiation) following: 83–5) (CWC Schedule 2B). designed to increase the effectiveness in (A) Persistence in a field environment (d) [Reserved] producing casualties in humans or (e.g., resistant to oxygen, UV damage, (e) Defoliants, as follows: animals, degrading equipment, or temperature extremes, or arid (1) 2,4,5-trichlorophenoxyacetic acid damaging crops or the environment. conditions); (CAS 93–76–5) mixed with 2,4- (B) Dispersal characteristics (e.g., dichlorophenoxyacetic acid (CAS 94– Note 1 to paragraph (a): Paragraph (a) of this category does not include the following: reduce the susceptibility to shear forces, 75–7) (Agent Orange (CAS 39277–47– chloride, Hydrocyanic acid, optimize electrostatic charges); or 9));or , Carbonyl chloride (), (C) The ability to defeat or overcome: (2) Butyl 2-chloro-4- , , Benzyl standard detection methods, personnel fluorophenoxyacetate (LNF). bromide, , Chloro acetone, protection, natural or acquired host *(f) Equipment or items, as follows:

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34577

(1) Any equipment for the photometric detector (FPD) or pulsed FPD (ii) PCR–BRU–1FB–K Brucella Target dissemination, dispersion, or testing of (PFPD) and using sorption/desorption tools 1 FastBlock Master Mix; items controlled in paragraphs (a), (b), to increase sensitivity. (iii) PCR–BRU–1R–K Brucella Target (c), or (e) of this category, as follows: (5) [Reserved] 1 LightCycler/RAPID Master Mix; (i) Any equipment ‘‘specially (6) [Reserved] (iv) PCR–BURK–2FB–B–K designed’’ for the dissemination and (7) Chemical Agent Resistant Coatings Burkholderia Target 2 FastBlock Master dispersion of items controlled in that have been qualified to military Mix Biotinylated; paragraphs (a), (b), (c), or (e) of this specifications (MIL–DTL–64159, MIL– (v) PCR–BURK–2FB–K Burkholderia category; or C–46168, or MIL–C–53039); or Target 2 FastBlock Master Mix; (ii) Any equipment ‘‘specially (8) Any equipment, material, tooling, (vi) PCR–BURK–2R–K Burkholderia designed’’ for testing the items hardware or test equipment that: Target 2 LightCycler/RAPID Master Mix; controlled in paragraphs (a), (b), (c), (e), (i) Is classified; (vii) PCR–BURK–3FB–B–K or (f)(4) of this category developed (ii) Is manufactured using classified Burkholderia Target 3 FastBlock Master under a Department of Defense contract production data; or Mix Biotinylated; or other funding authorization. (iii) Is being developed using (viii) PCR–BURK–3FB–K (2) Any equipment containing classified information. Burkholderia Target 3 FastBlock Master reagents, algorithms, coefficients, Mix; Note to paragraph (f)(8): ‘‘Classified’’ (ix) PCR–BURK–3R–K Burkholderia software, libraries, spectral databases, or means classified pursuant to Executive Order alarm set point levels developed under Target 3 LightCycler/RAPID Master Mix; 13526, or predecessor order, and a security (x) PCR–COX–1FB–B–K Coxiella a Department of Defense contract or classification guide developed pursuant other funding authorization for the thereto or equivalent, or to the corresponding burnetii Target 1 FastBlock Master Mix detection, identification, warning, or classification rules of another government. Biotinylated; monitoring of: (xi) PCR–COX–1R–K Coxiella burnetii (g) Antibodies, recombinant Target 1 LightCycler/RAPID Master Mix; (i) Items controlled in paragraphs (a) protective antigens, polynucleotides, or (b) of this category; or (xii) PCR–COX–2R–K Coxiella biopolymers, or biocatalysts (including burnetii Target 2 LightCycler/RAPID (ii) Chemical or biological agents their expression vectors, viruses, specified by a Department of Defense Master Mix; plasmids, or cultures of specific cells (xiii) PCR–OP–1FB–B–K Orthopox contract or other funding authorization. modified to produce them) as follows: Target 1 FastBlock Master Mix Note 1 to paragraph (f)(2): This paragraph (1) When exclusively funded by a Biotinylated; does not control items that are (a) determined Department of Defense contract for (xiv) PCR–OP–1FB–K Orthopox to be subject to the EAR via a commodity detection of the biological agents at Target 1 FastBlock Master Mix; jurisdiction determination (see § 120.4 of this paragraph (b)(1)(ii) of this category even (xv) PCR–OP–1R–K Orthopox Target 1 subchapter), or (b) identified in the relevant Department of Defense contract or other if naturally occurring; LightCycler/RAPID Master Mix; funding authorization as being developed for (2) Joint Biological Agent (xvi) PCR–OP–2FB–B–K Orthopox both civil and military applications. Identification and Diagnostic System Target 2 FastBlock Master Mix (JBAIDS) Freeze Dried reagents listed by Biotinylated; Note 2 to paragraph (f)(2): Note 1 does not JRPD–ASY-No and Description (xvii) PCR–OP–3R–K Orthopox Target apply to defense articles enumerated on the respectively as follows: 3 LightCycler/RAPID Master Mix; USML. (i) JRPD–ASY–0016 Q-Fever IVD Kit; (xviii) PCR–RAZOR–BT–X PCR– RAZOR–BT–X RAZOR CRP BioThreat-X Note 3 to paragraph (f)(2): This paragraph (ii) JRPD–ASY–0100 Vaccinia (Orthopox); Screening Pouch; is applicable only to those contracts and (xix) PCR–RIC–1FB–K Target 1 funding authorizations that are dated [DATE (iii) JRPD–ASY–0106 Brucella ONE YEAR AFTER DATE OF PUBLICATION melitensis (Brucellosis); FastBlock Master Mix; OF THE FINAL RULE], or later. (iv) JRPD–ASY–0108 Rickettsia (xx) PCR–RIC–1R–K Ricin Target 1 LightCycler/RAPID Master Mix; (3) [Reserved] prowazekii (Rickettsia); (v) JRPD–ASY–0109 Burkholderia ssp. (xxi) PCR–RIC–2R–K Ricin Target 2 (4) For individual protection or LightCycler/RAPID Master Mix; or collective protection against the items (Burkholderia); (vi) JRPD–ASY–0112 Eastern equine (xxii) PCR–VEE–1R–K Venezuelan controlled in paragraphs (a) and (b) of equine encephalitis Target 1 this category, as follows: encephalitis (EEE); (vii) JRPD–ASY–0113 Western equine LightCycler/RAPID Master Mix; or (i) M53 Chemical Biological (4) Critical Reagent Program encephalitis (WEE); Protective Mask or M50 Joint Service Antibodies with Catalog ID and Product (viii) JRPD–ASY–0114 Venezuelan General Purpose Mask (JSGPM); respectively as follows: equine encephalitis (VEE); (ii) Filter cartridges containing (i) AB–AG–RIC Aff. Goat anti-Ricin; sorbents controlled in paragraph (ix) JRPD–ASY–0122 Coxiella burnetii (ii) AB–ALVG–MAB Anti-Alphavirus (f)(4)(iii) of this category; (Coxiella); Generic Mab; (iii) ASZM–TEDA ; or (x) JRPD–ASY–0136 Influenza A/H5 (iii) AB–AR–SEB Aff. Rabbit anti-SEB; (iv) Ensembles, garments, suits, IVD Detection Kit; (iv) AB–BRU–M–MAB1 Anti-Brucella jackets, pants, boots, or socks for (xi) JRPD–ASY–0137 Influenza A/B melitensis Mab 1; individual protection, and liners for IVD Detection Kit; or (v) AB–BRU–M–MAB2 Anti-Brucella collective protection that allow no more (xii) JRPD–ASY–0138 Influenza A melitensis Mab 2; than 1% breakthrough of GD or no more Subtype IVD Detection Kit; (vi) AB–BRU–M–MAB3 Anti-Brucella than 2% of HD; (3) Critical Reagent Polymerase (CRP) melitensis Mab 3; Chain Reactions (PCR) assay kits with Note to paragraph (f)(4)(iv): Evaluation is (vii) AB–BRU–M–MAB4 Anti- made by applying 10 mg of GD or HD to a Catalog-ID and Catalog-ID Product Brucella melitensis Mab 4; 1-inch swatch. Ambient air is directed respectively as follows: (viii) AB–CHOL–0139–MAB Anti- through the swatch for 24 hours and (i) PCR–BRU–1FB–B–K Brucella V.cholerae 0139 Mab; sampled/tested from the opposite side of the Target 1 FastBlock Master Mix (ix) AB–CHOL–01–MAB Anti-V. swatch using a gas chromatograph with flame Biotinylated; cholerae 01 Mab;

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS 34578 Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules

(x) AB–COX–MAB Anti-Coxiella Mab; (1) Recombinant A/ Category XVIII—Directed Energy (xi) AB–EEE–MAB Anti-EEE Mab; B Vaccine; Weapons (xii) AB–G–BRU–A Goat anti-Brucella (2) Recombinant Plague Vaccine; *(a) Directed energy weapons (DEW): abortus; (3) Trivalent Filovirus Vaccine; or (xiii) AB–G–BRU–M Goat anti- systems or equipment that, as their sole (4) Vaccines specially designed for the or primary purpose (i.e., not as a result Brucella melitensis; sole purpose of protecting against (xiv) AB–G–BRU–S Goat anti-Brucella of incidental, accidental or collateral biological agents and biologically suis; effect), degrade, destroy or cause (xv) AB–G–CHOL–01 Goat anti- derived substances identified in mission-abort of a target; disturb, V.cholerae 0:1; paragraph (b) of this category. disable, or damage electronic circuitry, (xvi) AB–G–COL–139 Goat anti- Note to paragraph (h): See ECCN 1A607.k sensors or explosive devices remotely; V.cholerae 0:139; for military medical countermeasures such as deny area access; cause lethal effects; or (xvii) AB–G–DENG Goat anti-Dengue; autoinjectors, combopens, and creams. cause permanent or flash blindness (xviii) AB–G–RIC Goat anti-Ricin; (i) Modeling or simulation tools, using any non-acoustic technique such (xix) AB–G–SAL–T Goat anti-S. typhi; including software controlled in as lasers (including continuous wave or (xx) AB–G–SEA Goat anti-SEA; pulsed lasers), particle beams, particle (xxi) AB–G–SEB Goat anti-SEB; paragraph (m) of this category, for chemical or biological weapons design, accelerators that project a charged or (xxii) AB–G–SEC Goat anti-SEC; neutral particle beam, high power radio- (xxiii) AB–G–SED Goat anti-SED; development, or employment developed or produced under a Department of frequency (RF), or high pulsed power or (xxiv) AB–G–SEE Goat anti-SEE; high average power radio frequency (xxv) AB–G–SHIG–D Goat anti- Defense contract or other funding beam transmitters. Shigella dysenteriae; authorization (e.g., the Department of *(b) Systems or equipment specially (xxvi) AB–R–BA–PA Rabbit anti- Defense’s HPAC, SCIPUFF, and the Joint designed to detect, identify or provide Protective Antigen; Effects Model (JEM)). defense against articles specified in (xxvii) AB–R–COX Rabbit anti-C. (j)—(l) [Reserved] paragraph (a) of this category. burnetii; (m) Technical data (as defined in (xxviii) AB–RIC–MAB1 Anti-Ricin (c)–(d) [Reserved] § 120.10 of this subchapter) and defense (e) Components, parts, accessories, Mab 1; services (as defined in § 120.9 of this (xxix) AB–RIC–MAB2 Anti-Ricin Mab attachments, and associated systems or subchapter) directly related to the equipment specially designed for any of 2; defense articles enumerated in (xxx) AB–RIC–MAB3 Anti-Ricin the articles in paragraphs (a) and (b) of paragraphs (a) through (l) and (n) of this this category. Mab3; category; (See § 125.4 of this subchapter (xxxi) AB–R–SEB Rabbit anti-SEB; (f) Developmental directed energy for exemptions.) (xxxii) AB–R–VACC Rabbit anti- weapons funded by the Department of Vaccinia; (n) Developmental countermeasures Defense via contract or other funding (xxxiii) AB–SEB–MAB Anti-SEB Mab; or sorbents funded by the Department of authorization; (xxxiv) AB–SLT2–MAB Anti-Shigella- Defense via contract or other funding authorization; Note 1 to paragraph (f): This paragraph like t x2 Mab; does not control directed energy weapons (a) (xxxv) AB–T2T–MAB1 Anti-T2 Mab Note 1 to paragraph (n): This paragraph in production, (b) determined to be subject to 1; does not control countermeasures or sorbents the EAR via a commodity jurisdiction (xxxvi) AB–T2T–MAB2 Anti-T2 that are (a) in production, (b) determined to determination (see § 120.4 of this Toxin 2; be subject to the EAR via a commodity subchapter), or (c) identified in the relevant (xxxvii) AB–VACC–MAB1 Anti- jurisdiction determination (see § 120.4 of this Department of Defense contract or other Vaccinia Mab 1; subchapter), or (c) identified in the relevant funding authorization as being developed for (xxxviii) AB–VACC–MAB2 Anti- Department of Defense contract or other both civil and military applications. Vaccinia Mab 2; funding authorization as being developed for (xxxix) AB–VACC–MAB3 Anti- both civil and military applications. Note 2 to paragraph (f): Note 1 does not Vaccinia Mab 3; apply to defense articles enumerated on the Note 2 to paragraph (n): Note 1 does not USML, whether in production or (xl) AB–VACC–MAB4 Anti-Vaccinia apply to defense articles enumerated on the development. Mab 4; USML, whether in production or (xli) AB–VACC–MAB5 Anti-Vaccinia development. Note 3 to paragraph (f): This paragraph is Mab 5; applicable only to those contracts and (xlii) AB–VACC–MAB6 Anti-Vaccinia Note 3 to paragraph (n): This paragraph is funding authorizations that are dated [DATE Mab 6; applicable only to those contracts and ONE YEAR AFTER DATE OF PUBLICATION (xliii) AB–VEE–MAB1 Anti-VEE Mab funding authorizations that are dated [DATE OF THE FINAL RULE], or later. 1; ONE YEAR AFTER DATE OF PUBLICATION OF THE FINAL RULE], or later. (g) Technical data (as defined in (xliv) AB–VEE–MAB2 Anti-VEE Mab § 120.10 of this subchapter) and defense 2; (o)–(w) [Reserved] services (as defined in § 120.9 of this (xlv) AB–VEE–MAB3 Anti-VEE Mab (x) Commodities, software, and subchapter) directly related to the 3; technology subject to the EAR (see defense articles enumerated in (xlvi) AB–VEE–MAB4 Anti-VEE Mab § 120.42 of this subchapter) used in or paragraphs (a) through (e) of this 4; with defense articles controlled in this category; (xlvii) AB–VEE–MAB5 Anti-VEE Mab category. 5 (h)–(w) [Reserved] (xlviii) AB–VEE–MAB6 Anti-VEE Note to paragraph (x): Use of this (x) Commodities, software, and Mab 6; or paragraph is limited to license applications technology subject to the EAR (see (xlix) AB–WEE–MAB Anti-WEE for defense articles controlled in this category § 120.42 of this subchapter) used in or Complex Mab. where the purchase documentation includes with defense articles controlled in this commodities, software, or technology subject category. (h) Vaccines exclusively funded by a to the EAR (see § 123.1(b) of this subchapter). Department of Defense contract, as Note to paragraph (x): Use of this follows: * * * * * paragraph is limited to license applications

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS Federal Register / Vol. 80, No. 116 / Wednesday, June 17, 2015 / Proposed Rules 34579

for defense articles controlled in this category instructions for accessing agency review the comments or other where the purchase documentation includes documents, submitting comments, and documents in the public rulemaking commodities, software, or technology subject viewing the docket, is available on the record for this notice. If you want to to the EAR (see § 123.1(b) of this subchapter). site under ‘‘Are you new to the site?’’ schedule an appointment for this type of • Dated: June 3, 2015. Postal Mail, Commercial Delivery, accommodation or auxiliary aid, please or Hand Delivery: If you mail or deliver contact the person listed under FOR Rose E. Gottemoeller, your comments about the proposed FURTHER INFORMATION CONTACT. Under Secretary, Arms Control and priority, address them to Jerry Elliott, Purpose of Program: Under the International Security, Department of State. U.S. Department of Education, 400 Rehabilitation Act of 1973 [FR Doc. 2015–14472 Filed 6–16–15; 8:45 am] Maryland Avenue SW., Room 5042, (Rehabilitation Act), as amended by BILLING CODE 4710–25–P Potomac Center Plaza (PCP), WIOA, the Rehabilitation Services Washington, DC 20202–2800. Administration (RSA) makes grants to Privacy Note: The Department’s States and public or nonprofit agencies DEPARTMENT OF EDUCATION policy is to make all comments received and organizations (including from members of the public available for institutions of higher education) to 34 CFR Chapter III public viewing in their entirety on the support projects that provide training, [Docket ID ED–2015–OSERS–0069] Federal eRulemaking Portal at traineeships, and TA designed to www.regulations.gov. Therefore, increase the numbers of, and improve Proposed Priority—Rehabilitation commenters should be careful to the skills of, qualified personnel Training: Vocational Rehabilitation include in their comments only (especially rehabilitation counselors) Workforce Innovation Technical information that they wish to make who are trained to provide vocational, Assistance Center publicly available. medical, social, and psychological rehabilitation services to individuals AGENCY: Office of Special Education and FOR FURTHER INFORMATION CONTACT: Jerry Rehabilitative Services, Department of Elliott. Telephone: (202) 245–7335 or by with disabilities; assist individuals with Education. email: [email protected]. communication and related disorders; If you use a telecommunications and provide other services authorized ACTION: Proposed priority. device for the deaf (TDD) or a text under the Rehabilitation Act. telephone (TTY), call the Federal Relay Program Authority: 29 U.S.C. 772(a)(1). [CFDA Number: 84.264G.] Service (FRS), toll free, at 1–800–877– Proposed Priority: SUMMARY: The Assistant Secretary for 8339. This notice contains one proposed Special Education and Rehabilitative SUPPLEMENTARY INFORMATION: priority. Services proposes a priority to establish Invitation to Comment: We invite you Workforce Innovation Technical the Workforce Innovation Technical to submit comments regarding this Assistance Center. Background: Assistance Center. The Assistant notice. To ensure that your comments WIOA supersedes the Workforce Secretary may use this priority for have maximum effect in developing the Investment Act of 1998 and amends the competitions in fiscal year (FY) 2015 notice of final priority, we urge you to Rehabilitation Act, making major and later years. We take this action to identify clearly the specific section of changes that affect the management and provide training and technical the proposed priority that each performance of the VR program and assistance (TA) to State vocational comment addresses. Supported Employment program. rehabilitation (VR) agencies to improve We invite you to assist us in Among the changes are: (a) A services under the State Vocational complying with the specific requirement that States reserve at least Rehabilitation Services program (VR requirements of Executive Orders 12866 15 percent of their Federal VR allotment program) and State Supported and 13563 and their overall requirement for providing or arranging for the Employment Services program for of reducing regulatory burden that provision of pre-employment transition individuals with disabilities, including might result from this proposed priority. services to students with disabilities; (b) those with the most significant Please let us know of any further ways a requirement that States reserve at least disabilities, and to implement changes we could reduce potential costs or 50 percent of their Federal Supported to the Rehabilitation Act of 1973, as increase potential benefits while Employment allotment for the provision amended by the Workforce Innovation preserving the effective and efficient of supported employment services, and Opportunity Act (WIOA), signed administration of the program. including extended services, to youth into law on July 22, 2014. During and after the comment period, with the most significant disabilities; (c) DATES: We must receive your comments you may inspect all public comments a requirement that States provide a 10 on or before July 17, 2015. about this notice by accessing percent non-Federal share to match the ADDRESSES: Submit your comments Regulations.gov. You may also inspect 50 percent of Supported Employment through the Federal eRulemaking Portal the comments in person in Room 5021, allotment reserved for the provision of or via postal mail, commercial delivery, 550 12th Street SW., PCP, Washington, supported employment services to or hand delivery. We will not accept DC, 20202–2800, between the hours of youth with the most significant comments submitted by fax or by email 8:30 a.m. and 4:00 p.m., Washington, disabilities; (d) a requirement that VR or those submitted after the comment DC time, Monday through Friday of agencies provide documentation of the period. To ensure that we do not receive each week except Federal holidays. completion of certain specified duplicate copies, please submit your Please contact the person listed under activities to individuals with comments only once. In addition, please FOR FURTHER INFORMATION CONTACT. disabilities, including youth with include the Docket ID at the top of your Assistance to Individuals with disabilities, seeking or wanting to comments. Disabilities in Reviewing the maintain employment at a subminimum • Federal eRulemaking Portal: Go to Rulemaking Record: On request we will wage; (e) a heightened emphasis on the www.regulations.gov to submit your provide an appropriate accommodation achievement of competitive integrated comments electronically. Information or auxiliary aid to an individual with a employment by individuals with on using Regulations.gov, including disability who needs assistance to disabilities; (f) enhanced coordination

VerDate Sep<11>2014 16:32 Jun 16, 2015 Jkt 235001 PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 E:\FR\FM\17JNP1.SGM 17JNP1 srobinson on DSK5SPTVN1PROD with PROPOSALS