Rule2024-23932
Export Administration Regulations: Removal of License Requirements for Certain Spacecraft and Related Items for Australia, Canada, and the United Kingdom
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 23, 2024
Effective
October 23, 2024
Issuing agencies
Commerce DepartmentIndustry and Security Bureau
Abstract
In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) by removing controls for certain spacecraft and related items for exports and reexports to Australia, Canada, and the United Kingdom. These spacecraft and related items involve remote sensing or space-based logistics, assembly, or servicing. Taking into account the close relations with these three allied countries, including in space collaboration, as well as their inclusion in the National Technology and Industrial Base (NTIB), this final rule removes the license requirement for these countries for these spacecraft and related items.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Rules and Regulations]
[Pages 84766-84770]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23932]
[[Page 84765]]
Vol. 89
Wednesday,
No. 205
October 23, 2024
Part IV
Department of Commerce
-----------------------------------------------------------------------
Bureau of Industry and Security
-----------------------------------------------------------------------
15 CFR Parts 734, 740, et al.
Export Administration Regulations: Removal of License Requirements for
Certain Spacecraft and Related Items for Australia, Canada, and the
United Kingdom; Revisions to Space-Related Export Controls, Including
Addition of License Exception Commercial Space Activities (CSA); Rules
and Proposed Rule
Federal Register / Vol. 89 , No. 205 / Wednesday, October 23, 2024 /
Rules and Regulations
[[Page 84766]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742 and 774
[Docket No. 241004-0263]
RIN 0694-AJ85
Export Administration Regulations: Removal of License
Requirements for Certain Spacecraft and Related Items for Australia,
Canada, and the United Kingdom
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In this final rule, the Bureau of Industry and Security (BIS)
amends the Export Administration Regulations (EAR) by removing controls
for certain spacecraft and related items for exports and reexports to
Australia, Canada, and the United Kingdom. These spacecraft and related
items involve remote sensing or space-based logistics, assembly, or
servicing. Taking into account the close relations with these three
allied countries, including in space collaboration, as well as their
inclusion in the National Technology and Industrial Base (NTIB), this
final rule removes the license requirement for these countries for
these spacecraft and related items.
DATES: This rule is effective October 23, 2024.
FOR FURTHER INFORMATION CONTACT: For technical questions, contact
Joseph A. Cristofaro, Director, Sensors, Aerospace and Marine Division,
Office of National Security Controls, Bureau of Industry and Security,
U.S. Department of Commerce, at (202)-482-2440 or by email:
<a href="/cdn-cgi/l/email-protection#f0ba9f83958098deb3829983849f9691829fb0929983de949f93de979f86"><span class="__cf_email__" data-cfemail="85cfeaf6e0f5edabc6f7ecf6f1eae3e4f7eac5e7ecf6abe1eae6abe2eaf3">[email protected]</span></a>.
For general questions, contact Regulatory Policy Division, Office
of Exporter Services, Bureau of Industry and Security, U.S. Department
of Commerce at 202-482-2440 or by email: <a href="/cdn-cgi/l/email-protection#bbe9ebff89fbd9d2c895dfd4d895dcd4cd"><span class="__cf_email__" data-cfemail="7b292b3f493b191208551f1418551c140d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
A. National Space Council Direction To Review Space Export Controls
On December 20, 2023, the National Space Council convened to
discuss U.S. leadership in space. The Department of State and the
Department of Commerce (Commerce) were subsequently tasked to ``conduct
a review of space export controls to enable a globally competitive U.S.
space industrial base while protecting our national security and
foreign policy interests'' (see The White House FACT SHEET:
Strengthening U.S. International Space Partnerships released on
December 20, 2023). The changes being made in the final rule will
better enable a globally competitive U.S. space industrial base while
protecting our national security and foreign policy interests for
exports and reexports to Australia, Canada, and the United Kingdom.
B. Commerce Response to the National Space Council Directed Review of
Space Export Controls
This final rule is part of Commerce's regulatory response to this
direction from the National Space Council to review relevant export
controls and processes to better enable a globally competitive U.S.
space industrial base while protecting our national security and
foreign policy interests. This final rule makes important changes to
EAR spacecraft and related items controls to better rationalize the
controls and facilitate collaboration with three close allies of the
United States and participants in the NTIB (10 U.S.C. 4801(1)), namely
Australia, Canada, and the United Kingdom. Specifically, the changes in
this rule will better enable a globally competitive U.S. space
industrial base while protecting our national security and foreign
policy interests by facilitating license-free trade in certain remote
sensing and space-based logistics, assembly, and servicing spacecraft
and technology with these close allies.
This final rule removes Australia, Canada, and the United Kingdom
from the worldwide license requirement for such items and makes
conforming changes to Export Control Classification Numbers (ECCNs)
9A515 and 9E515. In so doing, this final rule builds upon an interim
final rule published on April 19, 2024 (89 FR 28594), which removed
certain license requirements for Australia and the United Kingdom, and
more closely aligned treatment of those countries with that of Canada,
by streamlining space commerce with all three nations. This final rule
represents just one line of effort in Commerce's response to the
National Space Council direction to review space export controls,
including this final rule being published concurrently with a Commerce
interim final rule, ``Export Administration Regulations: Revisions to
Space-Related Export Controls'' (RIN 0694-AJ87) and a Commerce proposed
rule ``Export Administration Regulations: Revisions to Space-Related
Export Controls, Including Addition of License Exception Commercial
Space Activities (CSA)'' (RIN 0694-AH66) that build on advanced notices
of proposed rulemaking published on March 8, 2019 (84 FR 8485 and 84 FR
8486).
II. Changes to the EAR
A. Removing Australia, Canada, and the United Kingdom, From a Worldwide
License Requirement for Certain Spacecraft and Related Items
In 15 CFR 742.6 (Regional stability), this final rule revises
paragraph (a)(9) (Special RS Column 1 license requirement applicable to
certain spacecraft and related items), which prior to this final rule
imposed a worldwide license requirement for spacecraft and related
items classified under ECCN 9A515.a.1, a.2, a.3, a.4, .g, and ECCN
9E515.f. These spacecraft and related items involve remote sensing or
space-based logistics, assembly, or servicing, and so prior to this
final rule were subject to a worldwide license requirement, including
for exports and reexports to Australia, Canada, and the United Kingdom.
However, taking into account the close relations with the U.S. and
these three allied countries, including in space collaboration as well
as with the U.S. defense industrial base, as demonstrated by their
inclusion in the NTIB, this final rule removes the license requirement
for such items when destined to these countries. The removal of such
license requirements for Australia, Canada, and the United Kingdom
aligns the EAR's requirements with interagency licensing practice, as
BIS has not denied a license application for such items to these three
allied countries in the past five years.
BIS estimates the removal of this license requirement for
Australia, Canada, and the United Kingdom under Sec. 742.6(a)(9) will
result in a reduction of 90 license applications being submitted to BIS
annually.
B. Conforming Changes for Removal of License Requirement for Australia,
Canada, and the United Kingdom
This final rule makes two conforming changes to other parts of the
EAR to reflect the removal of the license requirement for Australia,
Canada, and the United Kingdom under Sec. 742.6(a)(9) for spacecraft
and related items classified under ECCN 9A515.a.1, a.2, a.3, a.4, .g,
and ECCN 9E515.f. Specifically, in supplement no. 1 to part 774--
Commerce Control List, this final rule revises ECCNs 9A515 and 9E515.
This final rule revises the License Requirement Note in ECCNs 9A515 and
9E515 to reflect that this final rule removes Australia, Canada, and
the United Kingdom from the scope of the worldwide license requirement
described in the License Requirement
[[Page 84767]]
Note included in each of these respective ECCNs, as described further
in section II.A and B.
The License Requirement Note in ECCN 9A515 specifies that the
Commerce Country Chart in supplement no. 1 to part 738 is not used for
determining license requirements for commodities classified in ECCN
9A515.a.1, a.2, a.3, a.4, and .g. The License Requirement Note in ECCN
9A515 includes a second sentence that directs exporters and reexporters
to see Sec. 742.6(a)(9), which specifies that such commodities are
subject to a worldwide license requirement. This final rule revises the
second sentence of the License Requirement Note in ECCN 9A515 to add
the phrase ``except to Australia, Canada, and the United Kingdom,'' to
specify that exports and reexports to these countries now excluded from
the scope of this worldwide license requirement.
The License Requirement Note in ECCN 9E515 specifies that the
Commerce Country Chart is not used for determining license requirements
for ``technology'' classified ECCN 9E515.f. The License Requirement
Note in ECCN 9E515 includes a second sentence that directs exporters
and reexporters to see Sec. 742.6(a)(9), which specifies that such
``technology'' is subject to a worldwide license requirement. This
final rule revises the second sentence of the License Requirement Note
in ECCN 9E515 to add the phrase ``except to Australia, Canada, and the
United Kingdom,'' to specify that exports and reexports to these
countries are now excluded from the scope of this worldwide license
requirement.
Export Control Reform Act of 2018
On August 13, 2018, the President signed into law the John S.
McCain National Defense Authorization Act for Fiscal Year 2019, which
included the Export Control Reform Act of 2018 (ECRA) (codified, as
amended, at 50 U.S.C. 4801-4852). ECRA provides the legal basis for
BIS's principal authorities and serves as the authority under which BIS
issues this rule. In particular, and as noted elsewhere, Section 1753
of ECRA (50 U.S.C. 4812) authorizes the regulation of exports,
reexports, and transfers (in-country) of items subject to U.S.
jurisdiction. Further, Section 1754(a)(1)-(16) of ECRA (50 U.S.C.
4813(a)(1)-(16)) authorizes, inter alia, the establishment of a list of
controlled items; the prohibition of unauthorized exports, reexports,
and transfers (in-country); the requirement of licenses or other
authorizations for exports, reexports, and transfers (in-country) of
controlled items; apprising the public of changes in policy,
regulations, and procedures; and any other action necessary to carry
out ECRA that is not otherwise prohibited by law. Pursuant to Section
1762(a) of ECRA (50 U.S.C. 4821(a)), these changes can be imposed in a
final rule without prior notice and comment.
Rulemaking Requirements
1. Executive Orders 12866, 13563, and 14094 direct agencies to
assess all costs and benefits of available regulatory alternatives and,
if regulation is necessary, to select regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health and safety effects, and distributive impacts and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits and of reducing costs, harmonizing rules, and
promoting flexibility. This final rule has been designated as
significant under Executive Order 12866.
2. Notwithstanding any other provision of law, no person is
required to respond to, nor shall any person be subject to a penalty
for failure to comply with, a collection of information subject to the
requirements of the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C.
3501 et seq.), unless that collection of information displays a
currently valid Office of Management and Budget (OMB) Control Number.
This rule involves the following OMB-approved collections of
information subject to the PRA:
<bullet> 0694-0088, ``Multi-Purpose Application,'' which carries a
burden hour estimate of 29.4 minutes for a manual or electronic
submission;
<bullet> 0694-0096 ``Five Year Records Retention Period,'' which
carries a burden hour estimate of less than 1 minute;
<bullet> 0694-0122, ``Licensing Responsibilities and Enforcement;''
and
<bullet> 0607-0152 ``Automated Export System (AES) Program,'' which
carries a burden hour estimate of 3 minutes per electronic submission.
This rule changes the respondent burden for control number 0694-
0088 by reducing the estimated number of submissions by 90, which is
expected to reduce the current approved estimates, which will result in
a reduction of 44 burden hours saved and cost savings to the public of
$1,672 under this collection. The respondent burden under controls
numbers 0694-0096 and 0607-0152 are not anticipated to change as a
result of this final rule. Current information regarding all three
collections of information--including all background materials--can be
found at: <a href="https://www.reginfo.gov/public/do/PRAMain">https://www.reginfo.gov/public/do/PRAMain</a> by using the search
function to enter either the title of the collection or the OMB Control
Number.
3. This rule does not contain policies with federalism implications
as that term is defined in Executive Order 13132.
4. Pursuant to section 1762 of ECRA (50 U.S.C. 4821), this action
is exempt from the Administrative Procedure Act (APA) (5 U.S.C. 553)
requirements for notice of proposed rulemaking, opportunity for public
participation, and delay in effective date. While section 1762 of ECRA
provides sufficient authority for such an exemption, this action is
also independently exempt from these APA requirements because it
involves a military or foreign affairs function of the United States (5
U.S.C. 553(a)(1)).
5. Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule by 5 U.S.C.
553, or by any other law, the analytical requirements of the Regulatory
Flexibility Act (5 U.S.C. 601, et seq.) are not applicable.
Accordingly, no regulatory flexibility analysis is required, and none
has been prepared.
List of Subjects
15 CFR Part 742
Exports, Terrorism.
15 CFR Part 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 742 and 774 of the
Export Administration Regulations (15 CFR parts 730 through 774) are
amended as follows:
PART 742--CONTROL POLICY--CCL BASED CONTROLS
0
1. The authority citation for part 742 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; 22
U.S.C. 7201 et seq.; 22 U.S.C. 7210; Sec. 1503, Pub. L. 108-11, 117
Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 FR
59099, 3 CFR, 1994 Comp., p. 950; E.O. 13026, 61 FR 58767, 3 CFR,
1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp., p.
783; Presidential Determination 2003-23, 68 FR 26459, 3 CFR, 2004
Comp., p. 320; Notice of November 1, 2023, 88 FR 75475 (November 3,
2023).
0
2. Section 742.6 is amended by revising paragraph (a)(9) to read as
follows:
[[Page 84768]]
Sec. 742.6 Regional stability.
(a) * * *
(9) Special RS Column 1 license requirement applicable to certain
spacecraft and related items. A license is required for all
destinations, except for Australia, Canada, and the United Kingdom, for
spacecraft and related items classified under ECCN 9A515.a.1, a.2, a.3,
a.4, .g, and ECCN 9E515.f.
* * * * *
PART 774--THE COMMERCE CONTROL LIST
0
3. The authority citation for part 774 continues to read as follows:
Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 4601 et seq.; 50
U.S.C. 1701 et seq.; 10 U.S.C. 8720; 10 U.S.C. 8730(e); 22 U.S.C.
287c, 22 U.S.C. 3201 et seq.; 22 U.S.C. 6004; 42 U.S.C. 2139a; 15
U.S.C. 1824; 50 U.S.C. 4305; 22 U.S.C. 7201 et seq.; 22 U.S.C. 7210;
E.O. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66
FR 44025, 3 CFR, 2001 Comp., p. 783.
0
4. Supplement no. 1 to part 774 is amended by revising ECCNs 9A515 and
9E515, to read as follows:
SUPPLEMENT NO. 1 TO PART 774--THE COMMERCE CONTROL LIST
* * * * *
9A515 ``Spacecraft'' and related commodities, as follows (see List
of Items Controlled). License Requirements
Reason for Control: NS, RS, MT, AT
Country chart (see Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry, except .e and NS Column 1.
.y.
RS applies to entire entry, except .e and RS Column 1.
.y.
RS applies to 9A515.e..................... RS Column 2.
RS applies to 9A515.y, except to Russia China, Russia or Venezuela
for use in, with, or for the (see Sec. 742.6(a)(7)).
International Space Station (ISS),
including launch to the ISS.
MT applies to microcircuits in 9A515.d and MT Column 1.
.e.2 when ``usable in'' ``missiles'' for
protecting ``missiles'' against nuclear
effects (e.g., Electromagnetic Pulse
(EMP), X-rays, combined blast and thermal
effects). MT also applies to 9A515.h when
the total impulse capacity is equal to or
greater than 8.41 x 10\5\ newton seconds.
AT applies to entire entry................ AT Column 1.
License Requirement Note: The Commerce Country Chart is not used
for determining license requirements for commodities classified in
ECCN 9A515.a.1, a.2, a.3, a.4, and .g. See Sec. 742.6(a)(9), which
specifies that such commodities are subject to a worldwide license
requirement, except to Australia, Canada, and the United Kingdom.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1,500
GBS: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for ``spacecraft'' in ECCNs
9A515.a.1, a.2, a.3, or a.4, ``sub-orbital craft,'' or items in
9A515.g, unless determined by BIS to be eligible for License
Exception STA in accordance with Sec. 740.20(g) (License Exception
STA eligibility requests for certain 9x515 and ``600 series''
items). (2) License Exception STA may not be used if the
``spacecraft'' controlled in ECCN 9A515.a.1, a.2, a.3, or a.4
contains a separable or removable propulsion system enumerated in
USML Category IV(d)(2) or USML Category XV(e)(12) and designated MT.
(3) Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of
the EAR) may not be used for any item in ECCN 9A515.
List of Items Controlled
Related Controls: Spacecraft, launch vehicles and related articles
that are enumerated in the USML, and technical data (including
``software'') directly related thereto, and all services (including
training) directly related to the integration of any satellite or
spacecraft to a launch vehicle, including both planning and onsite
support, or furnishing any assistance (including training) in the
launch failure analysis or investigation for items in ECCN 9A515.a,
are ``subject to the ITAR.'' All other ``spacecraft,'' as enumerated
below and defined in Sec. 772.1, are subject to the controls of
this ECCN. See also ECCNs 3A001, 3A002, 3A991, 3A992, 6A002, 6A004,
6A008, and 6A998 for specific ``space-qualified'' items, 7A004 and
7A104 for star trackers, and 9A004 for the International Space
Station (ISS), the James Webb Space Telescope (JWST), and
``specially designed'' ``parts'' and ``components'' therefor. See
USML Category XI(c) for controls on certain ``Monolithic Microwave
Integrated Circuit'' (``MMIC'') amplifiers. See ECCN 9A610.g for
pressure suits used for high altitude aircraft.
Related Definitions: 'Microcircuit' means a device in which a number
of passive or active elements are considered as indivisibly
associated on or within a continuous structure to perform the
function of a circuit.
Items: ``Spacecraft'' and other items described in ECCN 9A515 remain
subject to the EAR even if exported, reexported, or transferred (in-
country) with defense articles ``subject to the ITAR'' integrated
into and included therein as integral parts of the item. In all
other cases, such defense articles are subject to the ITAR. For
example, a 9A515.a ``spacecraft'' remains ``subject to the EAR''
even when it is exported, reexported, or transferred (in-country)
with a ``hosted payload'' described in USML Category XV(e)(17)
incorporated therein. In all other cases, a ``hosted payload''
performing a function described in USML Category XV(a) always
remains a USML item. The removal of the defense article subject to
the ITAR from the spacecraft is a retransfer under the ITAR and
would require an ITAR authorization, regardless of the CCL
authorization the spacecraft is exported under. Additionally,
transfer of technical data regarding the defense article subject to
the ITAR integrated into the spacecraft would require an ITAR
authorization.
a. ``Spacecraft,'' including satellites, and space vehicles and
``sub-orbital craft,'' whether designated developmental,
experimental, research or scientific, not enumerated in USML
Category XV or described in ECCN 9A004.u or .w, that:
a.1. Have electro-optical remote sensing capabilities and having
a clear aperture greater than 0.35 meters, but less than or equal to
0.50 meters;
a.2. Have remote sensing capabilities beyond NIR (i.e., SWIR,
MWIR, or LWIR);
a.3. Have radar remote sensing capabilities (e.g., AESA, SAR, or
ISAR) having a center frequency equal to or greater than 1.0 GHz,
but less than 10.0 GHz and having a bandwidth equal to or greater
than 100 MHz, but less than 300 MHz;
a.4. Provide space-based logistics, assembly, or servicing of
another ``spacecraft''; or
a.5. Are not described in ECCN 9A515.a.1, a.2, a.3 or a.4.
Note: ECCN 9A515.a includes commercial communications
satellites, remote sensing satellites, planetary rovers, planetary
and interplanetary probes, in-space habitats, and ``sub-orbital
craft,'' not identified in ECCN 9A004 or USML Category XV(a).
b. Ground control systems and training simulators ``specially
designed'' for telemetry, tracking, and control of the
``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a.
c. [Reserved]
d. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components rated,
certified, or otherwise specified or described as meeting or
exceeding all the following characteristics and that are ``specially
designed'' for defense articles, ``600 series'' items, or items
controlled by ECCNs 9A004.v or 9A515:
d.1. A total dose of 5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si));
d.2. A dose rate upset threshold of 5 x 10\8\ Rads (Si)/sec (5 x
10\6\ Gy (Si)/sec);
d.3. A neutron dose of 1 x 10\14\ n/cm\2\ (1 MeV equivalent);
d.4. An uncorrected single event upset sensitivity of 1 x
10<SUP>-10</SUP> errors/bit/day or less, for the CR[Egrave]ME-MC
geosynchronous orbit, Solar Minimum Environment for heavy ion flux;
and
d.5. An uncorrected single event upset sensitivity of 1 x
10<SUP>-10</SUP> errors/part or less for a fluence of 1 x 10\7\
protons/cm\2\ for proton energy greater than 50 MeV.
e. Microelectronic circuits (e.g., integrated circuits,
microcircuits, or MOSFETs) and discrete electronic components that
are rated, certified, or otherwise specified or described
[[Page 84769]]
as meeting or exceeding the characteristics in either paragraph e.1
or e.2, AND ``specially designed'' for defense articles controlled
by USML Category XV or items controlled by ECCNs 9A004.u or 9A515:
e.1. A total dose >=1 x 10\5\ Rads (Si) (1 x 10\3\ Gy(Si)) and
<5 x 10\5\ Rads (Si) (5 x 10\3\ Gy(Si)); and a single event effect
(SEE) (i.e., single event latchup (SEL), single event burnout (SEB),
or single event gate rupture (SEGR)) immunity to a linear energy
transfer (LET) >=80 MeV-cm\2\/mg; or
e.2. A total dose >=5 x 10\5\ Rads (Si) (5 x 10\3\ Gy (Si)) and
not described in 9A515.d.
Note 1 to 9A515.d and .e: Application specific integrated
circuits (ASICs), integrated circuits developed and produced for a
specific application or function, specifically designed or modified
for defense articles and not in normal commercial use are controlled
by Category XI(c) of the USML regardless of characteristics.
Note 2 to 9A515.d and .e: See 3A001.a and .z for controls on
radiation-hardened microelectronic circuits ``subject to the EAR''
that are not controlled by 9A515.d or .e.
f. Pressure suits (i.e., space suits) capable of operating at
altitudes 55,000 feet above sea level.
g. Remote sensing components ``specially designed'' for
``spacecraft'' described in ECCNs 9A515.a.1 through a.4 as follows:
g.1. Space-qualified optics (i.e., lens, mirror, membrane having
active properties (e.g., adaptive, deformable)) with the largest
lateral clear aperture dimension equal to or less than 0.35 meters;
or with the largest clear aperture dimension greater than 0.35
meters but less than or equal to 0.50 meters;
g.2. Optical bench assemblies ``specially designed'' for ECCN
9A515.a.1, a.2, a.3, or a.4 ``spacecraft;'' or
g.3. Primary, secondary, or hosted payloads that perform a
function of ECCN 9A515.a.1, a.2, a.3, or a.4 ``spacecraft.''
h. Spacecraft thrusters using bi-propellants or mono-propellants
that provide thrust equal to or less than 150 lbf (i.e., 667.23 N)
vacuum thrust.
i. through w. [RESERVED]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for defense articles
controlled by USML Category XV or items controlled by 9A515, and
that are NOT:
x.1. Enumerated or controlled in the USML or elsewhere within
ECCNs 9A515 or 9A004;
x.2. Microelectronic circuits and discrete electronic
components;
x.3. Described in ECCNs 7A004 or 7A104;
x.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (i.e., 3A001.b.1, .e.4 or .z, 3A002.g.1, 3A991.o,
3A992.b.3, 6A002.a.1, .b.2, .d.1, 6A004.c and .d, 6A008.j.1,
6A998.b, or 7A003.d.2);
x.5. Microwave solid state amplifiers and microwave assemblies
(refer to ECCN 3A001.b.4 and .z for controls on these items);
x.6. Travelling wave tube amplifiers (refer to ECCN 3A001.b.8
and .z for controls on these items); or
x.7. Elsewhere specified in ECCN 9A515.y.
Note to 9A515.x: ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' specified in USML subcategory XV(e) or enumerated in
other USML categories are subject to the controls of that paragraph
or category.
y. Items that would otherwise be within the scope of ECCN
9A515.x but that have been identified in an interagency-cleared
commodity classification (CCATS) pursuant to Sec. 748.3(e) as
warranting control in 9A515.y.
y.1. Discrete electronic components not specified in 9A515.e;
y.2. Space grade or for spacecraft applications thermistors;
y.3. Space grade or for spacecraft applications RF microwave
bandpass ceramic filters (Dielectric Resonator Bandpass Filters);
y.4. Space grade or for spacecraft applications hall effect
sensors;
y.5. Space grade or for spacecraft applications subminiature
(SMA and SMP) plugs and connectors, TNC plugs and cable and
connector assemblies with SMA plugs and connectors; and
y.6. Space grade or for spacecraft applications flight cable
assemblies.
* * * * *
9E515 ``Technology'' ``required'' for the ``development,''
``production,'' operation, installation, repair, overhaul, or
refurbishing of ``spacecraft'' and related commodities, as follows
(see List of Items Controlled).
License Requirements
Reason for Control: NS, MT, RS, AT
Country chart (see Supp. No.
Control(s) 1 to part 738)
NS applies to entire entry except 9E515.y. NS Column 1.
MT applies to technology for items in MT Column 1.
9A515.d, .e.2, .h, and 9B515.a controlled
for MT reasons.
RS applies to entire entry except 9E515.y. RS Column 1.
RS applies to 9E515.y, except to Russia China, Russia, or Venezuela
for use in, with, or for the (see Sec. 742.6(a)(7)).
International Space Station (ISS),
including launch to the ISS.
AT applies to entire entry................ AT Column 1.
License Requirement Note: The Commerce Country Chart is not used
for determining license requirements for ``technology'' classified
ECCN 9E515.f. See Sec. 742.6(a)(9), which specifies that such
``technology'' is subject to a worldwide license requirement, except
to Australia, Canada, and the United Kingdom.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
TSR: N/A
Special Conditions for STA
STA: (1) Paragraph (c)(1) of License Exception STA (Sec.
740.20(c)(1) of the EAR) may not be used for ECCN 9E515.b, .d, .e,
or .f unless determined by BIS to be eligible for License Exception
STA in accordance with Sec. 740.20(g) (License Exception STA
eligibility requests for certain 9x515 and ``600 series'' items).
(2) Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of
the EAR) may not be used for any ``technology'' in ECCN 9E515.
List of Items Controlled
Related Controls: Technical data directly related to articles
enumerated in USML Category XV are subject to the control of USML
paragraph XV(f). See also ECCNs 3E001, 3E003, 6E001, and 6E002 for
specific ``space-qualified'' items. See ECCNs 9E001 and 9E002 for
technology for the International Space Station, the James Webb Space
Telescope (JWST) and ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' therefor. See USML category
XV(f) for controls on technical data and defense services related to
launch vehicle integration.
Related Definitions: N/A
Items:
a. ``Technology'' ``required'' for the ``development,''
``production,'' installation, repair (including on-orbit anomaly
resolution and analysis beyond established procedures), overhaul, or
refurbishing of commodities controlled by ECCN 9A515 (except
9A515.a.1, a.2, a.3, a.4, .b, .d, .e, or .g), ECCN 9B515, or
``software'' controlled by ECCN 9D515.a.
b. ``Technology'' ``required'' for the ``development,''
``production,'' failure analysis or anomaly resolution of software
controlled by ECCN 9D515.b.
c. [Reserved]
d. ``Technology'' ``required'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
e. ``Technology'' ``required'' for the ``development,''
``production,'' failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
f. ``Technology'' ``required'' for the ``development,''
``production,'' installation, repair (including on-orbit anomaly
resolution and analysis beyond established procedures), overhaul, or
refurbishing of commodities controlled by ECCN 9A515.a.1, a.2, a.3,
a.4, or .g.
g. through x. [Reserved]
y. Specific ``technology'' ``required'' for the ``production,''
``development,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of commodities or software enumerated in
ECCN 9A515.y or 9D515.y.
Note 1: [Reserved]
Note 2: Activities and technology/technical data directly
related to or required for the spaceflight (e.g., sub-orbital,
orbital, lunar, interplanetary, or otherwise beyond Earth orbit)
passenger or participant experience, regardless of whether the
passenger or participant experience is for space tourism, scientific
or commercial research, commercial manufacturing/production
activities, educational, media, or commercial transportation
purposes, are not subject to the ITAR or the EAR. Such activities
and technology/technical data include those directly related to or
required for:
(i) ``Spacecraft'' access, ingress, and egress, including the
operation of all ``spacecraft'' doors, hatches, and airlocks;
(ii) Physiological training (e.g., human-rated centrifuge
training or parabolic flights, pressure suit or spacesuit training/
operation);
[[Page 84770]]
(iii) Medical evaluation or assessment of the spaceflight
passenger or participant;
(iv) Training for and operation by the passenger or participant
of health and safety related hardware (e.g., seating, environmental
control and life support, hygiene facilities, food preparation,
exercise equipment, fire suppression, communications equipment,
safety-related clothing or headgear) or emergency procedures;
(v) Viewing of the interior and exterior of the spacecraft or
terrestrial mock-ups;
(vi) Observing ``spacecraft'' operations (e.g., pre-flight
checks, landing, in-flight status);
(vii) Training in ``spacecraft'' or terrestrial mock-ups for
connecting to or operating passenger or participant equipment used
for purposes other than operating the ``spacecraft''; or
(viii) Donning, wearing or utilizing the passenger's or
participant's flight suit, pressure suit or spacesuit, and personal
equipment.
* * * * *
Thea D. Rozman Kendler,
Assistant Secretary for Export Administration.
[FR Doc. 2024-23932 Filed 10-17-24; 4:15 pm]
BILLING CODE 3510-33-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 23, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.