Rule2024-23958
Export Administration Regulations: Revisions to Space-Related Export Controls
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 interim final rule (IFR), the Bureau of Industry and Security (BIS) makes changes to controls for spacecraft and related items under the Export Administration Regulations (EAR). This IFR reduces license requirements on less sensitive items to reflect the close relations with certain countries to better facilitate space collaboration; and makes refinements and clarifications to existing controls. These changes will better enable a globally competitive U.S. space industrial base while continuing to protect U.S. national security and foreign policy interests.
Full Text
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<title>Federal Register, Volume 89 Issue 205 (Wednesday, October 23, 2024)</title>
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[Federal Register Volume 89, Number 205 (Wednesday, October 23, 2024)]
[Rules and Regulations]
[Pages 84770-84783]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-23958]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 734, 740, 744, 746, and 774
[Docket No. 241004-0264]
RIN 0694-AJ87
Export Administration Regulations: Revisions to Space-Related
Export Controls
AGENCY: Bureau of Industry and Security, Department of Commerce.
ACTION: Interim final rule.
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SUMMARY: In this interim final rule (IFR), the Bureau of Industry and
Security (BIS) makes changes to controls for spacecraft and related
items under the Export Administration Regulations (EAR). This IFR
reduces license requirements on less sensitive items to reflect the
close relations with certain countries to better facilitate space
collaboration; and makes refinements and clarifications to existing
controls. These changes will better enable a globally competitive U.S.
space industrial base while continuing to protect U.S. national
security and foreign policy interests.
DATES: This rule is effective October 23, 2024. Comments must be
received by BIS no later than November 22, 2024.
ADDRESSES: Comments on this rule may be submitted to the Federal
rulemaking portal at: <a href="http://www.regulations.gov">www.regulations.gov</a>. The <a href="http://regulations.gov">regulations.gov</a> ID for
this rule is: BIS-2024-0031. Please refer to RIN 0694-AJ87 in all
comments.
All filers using the portal should use the name of the person or
entity submitting the comments as the name of their files, in
accordance with the instructions below. Anyone submitting business
confidential information should clearly identify the business
confidential portion at the time of submission, file a statement
justifying nondisclosure and referring to the specific legal authority
claimed, and provide a non-confidential version of the submission.
For comments submitted electronically containing business
confidential information, the file name of the business confidential
version should begin with the characters ``BC.'' Any page containing
business confidential information must be clearly marked ``BUSINESS
CONFIDENTIAL'' on the top of that page. The corresponding non-
confidential version of those comments must be clearly marked
``PUBLIC.'' The file name of the non-confidential version should begin
with the character ``P.'' Any submissions with file names that do not
begin with either a ``BC'' or a ``P'' will be assumed to be public and
will be made publicly available through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Commenters submitting business confidential information are encouraged
to scan a hard copy of the non-confidential version to create an image
of the file, rather than submitting a digital copy with redactions
applied, to avoid inadvertent redaction errors which could enable the
public to read business confidential information.
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#aee4c1ddcbdec680eddcc7dddac1c8cfdcc1eeccc7dd80cac1cd80c9c1d8"><span class="__cf_email__" data-cfemail="743e1b0711041c5a37061d07001b1215061b34161d075a101b175a131b02">[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#5103011563113338227f353e327f363e27"><span class="__cf_email__" data-cfemail="ca989a8ef88aa8a3b9e4aea5a9e4ada5bc">[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. As announced at the Council
discussion, the Departments of State and Commerce (hereinafter, State
and Commerce, respectively) were subsequently tasked to ``conduct a
review of space export controls to enable a globally competitive U.S.
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). In
response to the tasking, and pursuant to its authorities under the
Export Control Reform Act (ECRA) (codified, as amended, at 50 U.S.C.
4801-4852), this IFR is being published concurrently with a Commerce
final rule, ``Export Administration Regulations: Removal of License
Requirements for Certain Spacecraft and Related Items for Australia,
Canada, and the United Kingdom'' (0694-AJ85). This final rule makes
important changes to the EAR's controls on remote sensing and space-
based logistics, assembly, and servicing spacecraft and related items
to better rationalize the controls and facilitate collaboration with
three close allies of the United States (i.e., Australia, Canada, and
the United Kingdom), as directed by the National Space Council tasking.
This IFR builds on the space-related export control revisions for
Australia, Canada, and the United Kingdom final rule being published
concurrently with this IFR by further reducing the export control
requirements on certain space-related items when destined to U.S.
allies and partners (including, but not limited to, Australia, Canada,
and the United Kingdom).
BIS welcomes public comment on the changes made in this IFR. In
addition to the changes made in this IFR, BIS also welcomes comments in
response to this IFR for identifying any additional changes to the
EAR's space-related export controls, which commenters believe may
enable a globally competitive U.S. space industrial base while
protecting U.S. national security and foreign policy interests.
This IFR is also being published concurrently with 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 builds on
advanced notices of proposed rulemaking published on March 8, 2019,
that are discussed in section I.B.
[[Page 84771]]
B. Past Activities To Review Spacecraft and Related Controls Under
Departments of State and Commerce Export Control Authorities
On March 8, 2019, Commerce and State published two advanced notices
of proposed rulemaking (ANPRMs) (84 FR 8485 and 84 FR 8486,
respectively) seeking input on potential revisions to export controls
related to satellites and spacecraft under State's International
Traffic in Arms Regulations (ITAR) (22 CFR parts 120-130) and the EAR.
In public comments received in response to those ANPRMs and during
subsequent export control outreach events and interagency meetings to
review space and related items export controls, industry and
interagency representatives proposed several amendments to the EAR to
support more robust international partnerships, improve the consistency
and clarity of the EAR, and ensure that whenever possible U.S. policies
are not putting U.S. industries at a comparative disadvantage. Building
on the 2019 ANPRMs, in December 2023, as part of the activities of the
National Space Council described under section I.A of this IFR, State
and Commerce were tasked with conducting a review of space export
controls to enable a globally competitive U.S. industrial base while
protecting national security and foreign policy interests. Based on an
initial interagency review, and pursuant to its authorities under ECRA,
Commerce adopted the regulatory response described in section III of
this IFR.
In response to the Commerce ANPRM, BIS received 19 public comments.
The 19 comments submitted in response to the Commerce ANPRM consisted
of comments from 12 major companies in the space industry, four trade
associations with large representation from the space industry, two
universities well known for their research activities in space-related
issues, and one individual. BIS has reviewed these comments and used
them to help inform interagency review of export controls on space and
related items. In today's IFR, BIS summarizes and responds to comments
received in response to the Commerce ANPRM either with regulatory
changes or in clarifications made in the preamble of this IFR to
address certain comments that do not require regulatory changes.
BIS also notes that a large number of the comments received in
response to the Commerce ANPRM, which were also submitted to State in
response to the State ANPRM, requested that additional defense articles
be moved from the U.S Munitions List (USML) to the Commerce Control
List (CCL). BIS considered those ITAR specific comments as part of the
interagency review process that included State but does not further act
upon them here because State has the statutory authority as delegated
by the President to the Secretary of State to designate those items as
defense articles and defense services for purposes of the ITAR.
BIS reviewed all relevant comments submitted in response to the
Commerce ANPRM and responds to them directly, as appropriate, in the
discussion of the regulatory changes in section III of this IFR.
II. Overview of This Interim Final Rule
This IFR makes changes to the controls for spacecraft and related
items under the EAR. ECRA (codified, as amended, at 50 U.S.C. 4801-
4852) provides the legal basis for BIS's principal authorities and
serves as the authority under which BIS issues this rule. Section
1753(a) of ECRA (50 U.S.C. 4812) authorizes the regulation of ``(1) the
export, reexport, and in-country transfer of items subject to the
jurisdiction of the United States, whether by United States persons or
by foreign persons.'' The changes being made in this IFR are needed for
the regulation of exports, reexports, and transfers (in-country) of
spacecraft and related items subject to U.S. jurisdiction. The two sets
of changes today's IFR makes are described in section III as follows:
A. Reducing license requirements on less sensitive items to reflect
the close relations with certain countries and to better facilitate
space collaboration with those countries while continuing to protect
U.S. national security and foreign policy interests; and
B. Making refinements and clarifications to existing controls to
make the controls easier to understand (e.g., clarifying certain ECCNs
or the applicability of a license exception).
III. Changes to the EAR
A. Reducing License Requirements on Less Sensitive Items To Reflect the
United States' Close Relations With Certain Countries and To Better
Facilitate Space Collaboration While Continuing To Protect U.S.
National Security and Foreign Policy Interests
1. Changing Reasons for Control From NS1 and RS1 to NS2 and RS2
In Export Control Classification Number (ECCN) 9A515, this IFR
revises the License Requirements section under the NS1 and RS1 Control
entries to exclude 9A515.x from the scope of the license requirements.
This IFR, as a conforming change, also adds an NS2 and RS2 Control for
ECCN 9A515.x. The .x paragraphs in ECCNs serve as a catch-all control
for ``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed'' for use in or with certain items, typically by
referencing categories of items. These .x catch-all controls play an
important role in the 9x515 control structure. However, given the less
sensitive nature of many of the 9A515.x commodities, in particular when
exported and reexported to U.S. allies and partners, and the importance
of the items to the U.S. industrial base, BIS has determined it is
warranted to take these steps to better rationalize the 9A515.x license
requirements. These changes in the license requirements for 9A515.x
commodities will better facilitate exports and reexports to U.S.
allies, partners, and other destinations of less export control concern
by reducing the 9A515.x reasons for control from NS1 and RS1 to NS2 and
RS2. As described further below, any 9A515.x items BIS determines
continue to warrant the higher NS1 and RS1 controls will be added to a
separate 9A515 ``items'' paragraph (i.e., new 9A515.w or otherwise
enumerated under 9A515) which this IFR adds and reserves as a
placeholder to control commodities that warrant higher-level NS1 and
RS1 controls. This change is pursuant to the Export Control Reform Act
(ECRA) of 2018 at 50 U.S.C. 4811(2)(C), which directs that export
controls should be used to strengthen the defense industrial base.
Any ``parts,'' ``components,'' ``accessories,'' and ``attachments''
that are determined subsequently to warrant NS1 and RS1 controls would
be enumerated under a new items paragraph under 9A515.w or otherwise
enumerated under 9A515 to ensure U.S. national security and foreign
policy interests are protected. Because the NS1 and RS1 controls apply
to the entire 9A515 entry, except as specified in the exclusions in the
NS1 and RS1 controls paragraphs, no additional changes to the NS1 and
RS1 controls paragraph under ECCN 9A515 are needed to make this change.
The changes described here are also described in greater detail
under section III.B.1.a through .e of this IFR where all the changes
made to the ECCNs included in this IFR (i.e., 9A004, 9A515, 9A604,
9D515, and 9E515) are described.
2. Adding Additional .y Items to 9A515 and to 9A004
In addition to the changes described above in section III.A.1, this
IFR
[[Page 84772]]
addresses a subset of .x items that warrant being added to .y
paragraphs under ECCN 9A515. The paragraph (b)(1) release under the
``specially designed'' definition in Sec. 772.1 and the special
commodity classification (CCATS) process under Sec. 748.3(e)
contemplate that, either through the advisory opinion process or
through U.S. Government review, additional items may be identified as
warranting a downgrade in their ``specially designed'' control status
to reflect the less sensitive nature of these items. Many comments in
response to the ANPRM had identified various suggestions for certain
9A515.x commodities that warranted being removed from .x and added to
9A515.y, as well as recommending the same commodities, in many cases,
as warranting also being identified under 9A004.y.
BIS's Technical Advisory Committees (TACs), as well as other
agencies involved in space-related activities (e.g., the National
Aeronautics and Space Administration (NASA)) assisted BIS in
identifying the ``specially designed'' commodities to be added to ECCNs
9A515.y, and 9A004.y. Consistent with the Sec. 748.3(e) process,
Commerce, the Department of Defense (Defense), and State concurred with
the addition of these commodities to .y, as well as with the moving of
certain commodities from 9A515.x to other item paragraphs under ECCNs
9A515 and 9A004. Note that in certain cases the NS1 and RS1 license
requirements may be retained, such as for commodities that may be
subsequently moved from 9A515.x to new ``items'' paragraph 9A515.w,
which this IFR reserves for future use.
The changes described here are described in greater detail under
sections III.B.1.a through .e of this IFR, where a description of all
the changes made to the ECCNs (i.e., 9A004, 9A515, 9A604, 9D515, and
9E515) is included.
3. Adding ECCNs 9D515 and 9E515 to the Exclusion From License
Requirements When the Release Is for a ``Standards-Related Activity''
In Sec. 734.10 (Patents and standards-related activity), this IFR
adds paragraph (b)(1)(iv) to add references to ``software'' that is
classified under ECCN 9D515 (other than 9D515.d or .e); and
``technology'' classified under ECCN 9E515.a, .b, or .f (limited to
technology for 9A515.a.4) when the release is for a ``standards-related
activity.'' See Sec. Sec. 734.10 and 772.1 of the EAR. These software
and technology, which include space-based servicing, assembly, and
logistics are crucial in the furtherance of commercial spacecraft
flight safety (specifically for in-space servicing, assembly, or
logistics). Barriers to U.S. participation in the development of these
standards would be detrimental and counterproductive to U.S. commercial
spacecraft development and national security interests. Lack of U.S.
participation in the development of standards in this area would cede
the development of international standards to foreign actors that may
not only disregard U.S. commercial and national security interests, but
actively work to destabilize them. Therefore, this IFR adds specific
portions of ECCNs 9D515 and 9E515 to this EAR provision, while
maintaining existing controls on more sensitive software and technology
related to radiation-hardened integrated circuits and remote sensing,
consistent with U.S. national security and foreign policy interests.
B. Making Refinements and Clarifications to Existing Controls
1. Clarifications to Spacecraft and Related Items on the CCL
a. ECCN 9A004
i. Reducing license requirement from NS1 to NS2. This IFR revises
the License Requirements section for ECCN 9A004 to reduce the license
requirement from NS1 to NS2 for 9A004.v and .x, as well as for new
9A004.s, which this IFR also adds to 9A004.
ii. Addition of RS license requirement for 9A004.y. This IFR adds a
new RS license requirement to 9A004.y to impose a license requirement
for exports and reexports to China, Russia, or Venezuela (15 CFR
742.6(a)(7)). This IFR adds this RS license requirement for consistency
with other ``600 series'' and 9x515 ECCNs that include a .y ``items''
paragraph. The addition of the RS license requirement to 9A004.y is a
conforming change with the license requirements that apply for other .y
items in other ``600 series'' and 9x515 ECCNs to ensure that such .y
items this IFR adds to 9A004.y may not be exported or reexported to
China, Russia, or Venezuela without a BIS authorization.
iii. Clarification to relationship between ECCN 9A004, 9A515, and
USML. Category IV. Paragraphs a. through f. of ECCN 9A004 apply to
certain space launch vehicles, spacecraft, spacecraft buses, spacecraft
payloads, on-board systems or equipment, and terrestrial equipment.
They are listed in ECCN 9A004.a through .f in order to harmonize ECCN
9A004 with the Wassenaar Arrangement Dual-Use List, even though the
controls for these items are found under ECCN 9A515. This IFR makes
revisions to the License Requirement Note in ECCNs 9A004 and 9A515 to
make this relationship clearer and to direct exporters, reexporters,
and transferors to see USML Category IV for 9A004.a. The License
Requirement Note in ECCN 9A004 prior to this IFR already specified that
9A004.b through .f, and .h are controlled under ECCN 9A515. This IFR
further clarifies the relationship between ECCN 9A004 and 9A515 by
specifying that the commodities described under 9A004.g. h, .r, .s, and
.u through .y are controlled under ECCN 9A004. This IFR also revises
the License Requirement Note to ECCN 9A515 to add the same text as this
IFR adds to the License Requirement Note to 9A004 as a new License
Requirement Note (2) to ECCN 9A515 and redesignates the previous
License Requirement prior to this rule as new License Requirement Note
(1). This IFR describes this change to ECCN 9A515 here instead of the
III.B.1.b. below where the other changes to 9A515 are described because
this revised License Requirement Note has applicability to both 9A004
and 9A515.
Two commenters in response to the Commerce ANPRM requested BIS
provide additional clarification for the relationship between ECCN
9A004 and 9A515, including clarifying the intent of the License
Requirement Note in these two respective ECCNs to better assist
exporters, reexporters, and transferors classifying commodities under
these two ECCNs, as well as USML Category IV. This IFR revises the
License Requirement Note to 9A004 and 9A515 in response to these
comments. BIS welcomes comments on these changes in this IFR.
iv. Removal of N.B. in 9A004. In the ``items'' paragraph in the
List of Items Controlled section of ECCN 9A004, this IFR removes the
nota bene (N.B.) following ``items'' paragraph .e.3 because the USML
and CCL Orders of Review already provide sufficient guidance on the
scope of jurisdiction of the two control lists and the text of the nota
bene should be more precise when referencing jurisdiction. In order to
avoid confusion, this IFR removes this nota bene and this IFR directs
exporters, reexporters, and transferors to review the USML Order of
Review and CCL Order of Review, which provide precise guidance on
determining export control jurisdiction and classification of an item.
v. Addition of 9A004.r to clarify control on in-space habitats.
This IFR adds ECCN 9A004.r to clarify that existing 9A004 controls in-
space habitats, other than the International Space Station (ISS). This
IFR also adds a Note 4 to 9A004.r to provide
[[Page 84773]]
additional guidance on what is considered an in-space habitat by
specifying that in-space habitats are considered the commercial
equivalent of a space station because it is used for persons conducting
experiments or space tourism activities.
vi. Addition of 9A004.s to clarify controls on certain ``parts,''
``components,'' ``accessories,'' and ``attachments.'' This IFR adds
ECCN 9A004.s to clarify that existing 9A004 controls ``parts,''
``components,'' ``accessories,'' and ``attachments'' that are
``specially designed'' for in-space habitats in 9A004.r and that are
not described on the USML; described in ECCN 7A004 or 7A104; described
in an ECCN containing ``space-qualified'' as a control criterion (refer
to 9A515.x.4); or described in 9A001, 9A002, 9A003, or 9A991. This IFR
as a conforming change for the addition of 9A515.s reserves 9A004.t.
vii. Addition of .y paragraphs under y.1 through y.63. This IFR
adds .y paragraphs y.1 through y.63 to identify items that would
otherwise be within the scope of ECCN 9A004.s or .x but that have been
identified in an interagency-cleared commodity classification (CCATS)
pursuant to Sec. 748.3(e) as warranting control in 9A004.y by
Commerce, State, and Defense or that have otherwise been determined by
Commerce, State, and Defense as warranting control in 9A004.y. This IFR
removes the reference to 9A004.v because these ``specially designed''
``parts,'' ``components,'' ``accessories,'' and ``attachments'' warrant
a higher-level control than a .y entry.
viii. Addition of Note 5 to 9A004 to further specify control for
items operating on other celestial bodies. This IFR as a conforming
change to the addition of Note 6 to 9A515 described under section
III.B.b.1.viii below adds a new Note 5 to 9A004 to specify that an
item, such as a rover, operating on any celestial body other than Earth
is treated as if it is on Earth for classification purposes on the CCL.
b. ECCN 9A515
i. Reducing license requirement from NS1/RS1 to NS2/RS2 for
9A515.x. This IFR revises the License Requirements for ECCN 9A515 to
reduce the license requirement from NS1 and RS1 to NS2 and RS2 for
9A515.x. This IFR revises the NS2 and RS2 license requirement in the
License Requirements section to impose a license requirement on
9A515.x.
ii. Adding new 9A004.r for in-space habitats to the exclusion from
9A515.a. This IFR, as a conforming change for the addition of 9A004.r
described under section III.B.1.a.v, revises 9A515.a introductory text
to add 9A004.r to the exclusion from 9A515.a. This exclusion is needed
because anything described by new ECCN 9A004.r would have otherwise met
the control parameter under 9A515.a.4 or 9A515.a.5, so this IFR adds
this exclusion to 9A515, so these in-space habitats, other than the
International Space Station, which is already controlled under 9A004.w,
will be controlled under 9A004.r.
iii. Revisions to 9A515.b for consistency with the Wassenaar
Arrangement Control text under WA-9A4 and to provide greater clarity on
the types of equipment classified under this entry. This IFR adds new
introductory text for 9A515.b to specify this entry controls equipment
for telemetry, tracking, and control, as specified under new ``items''
paragraphs 9A515.b.1 (Ground control systems and training simulators
``specially designed'' for telemetry, tracking, and control of the
``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a), b.2
(Terrestrial equipment ``specially designed'' for ``spacecraft'' for
any of the following data processing functions: under b.2.a.1 or
b.2.a.2), or b.3 (simulators ``specially designed'' for `verification
of operational procedures' of ``spacecraft''). This IFR adds this
greater specificity for consistency with the WA-9A4 control list entry
and to better assist persons classifying items under 9A515.b. To
further assist persons classifying items under 9A515.b, this IFR adds a
new Technical Note that specifies that for the purposes of 9A515.b.3,
`verification of operational procedures' is any of the following: (1)
command sequence confirmation; (2) operational training; (3)
operational rehearsals; or (4) operational analysis.
iv. Revision to Note 1 to 9A515.d. and .e to simplify the cross
reference to the USML and other ECCN reference. This IFR redesignates
Note 1 to 9A515.d as Note 2 to 9A515.d and .e. This IFR also simplifies
the text of this note to limit the scope to be a cross reference to
Category XI and ECCN 3A611.f and remove the rest of the text. BIS
welcomes comments from the public on the revisions to this note to
adopt this more generic cross reference.
v. Addition of 9A515.w to impose NS1 and RS1 license requirements
on ``parts,'' ``components,'' ``accessories,'' and ``attachments'' that
would have otherwise been classified under 9A515.x but warrant a more
restrictive NS1 and RS1 license requirement. The reduction in the
license requirement from NS1 and RS1 to the less restrictive NS2 and
RS2 is an important part of this IFR for better rationalizing the
spacecraft and related items controls, but in order to reduce the
license requirement on 9A515.x, a new ``items'' paragraph needs to be
added to identify certain ``parts,'' ``components,'' ``accessories,''
or ``attachments'' that still warrant the more restrictive NS1 and RS1
license requirement. Similar to the 9A515.y paragraphs, the ``parts,''
``components,'' ``accessories,'' and ``attachments'' classified under
new 9A515.w will need to meet the description specified under 9A515.w,
which for purposes of this IFR is limited to a reserved paragraph under
9A515.w.1, which BIS intends to populate in the future as interagency
decisions are made for certain ``parts,'' ``components,''
``accessories,'' or ``attachments'' that warrant the more restrictive
NS1 and RS1 license requirement under 9A515.w. As the interagency
decides that certain ``parts,'' ``components,'' ``accessories,'' or
``attachments'' that are not already classified under another CCL entry
following the CCL Order of Review warrant a lower-level control, those
items may be downshifted to the lower-level 9A515.y controls.
Conversely, when the interagency determines that a higher-level control
is warranted, items may be upshifted to higher-level 9A515.w controls.
For both the 9A515.y and .w paragraphs, the item in question would need
to meet the description of the respective .y or .w paragraph and be
``specially designed'' in order to be classified under one of those
``items'' paragraphs.
vi. Addition of new Note 5 to 9A515.b and .x and redesignation of
existing Note to 9A515.x as Note 4 to 9A515.x. This IFR adds a new Note
5 to 9A515.b and .x to clarify the scope of controls over baseband
units (BBU). This new Note 5 clarifies that for purposes of 9A515.b and
.x, a BBU means a device that interprets the original frequency range
of a transmission signal. The new Note 5 further clarifies that these
devices are not controlled under 9A515.b or .x when they do not perform
telemetry, tracking, and control (TT&C). This new Note 5 would assist
persons classifying items under ECCN 9A515.b or .x to more easily
determine whether a particular BBU is classified under one of these two
``items'' paragraphs. To conform with Office of the Federal Register
drafting requirements, this IFR also redesignates the existing Note to
9A515.x as Note 4 to 9A515.x, so the Notes will be in numerical order
within the ECCN.
A commenter on the Commerce ANPRM requested that BIS add a Note to
9A515.b and 9A515.x, clarifying that BBUs that do not perform TT&C are
not controlled under ECCN 9A515. This
[[Page 84774]]
commenter states that BBUs that do not fully perform TT&C are in some
cases being viewed as 9A515.b or .x TT&C ground system equipment or
``components'' when they perform merely physical layer-type operations
with no knowledge of spacecraft content. This commenter further states
that there is a wide array of non-sensitive devices that can demodulate
a telemetry carrier and modulate a command one. This commenter states
that BBUs with similar limited functionality should not be controlled
by 9A515.b or .x. This IFR adds new Note 5 to 9A515.b and .x to clarify
the scope of controls over baseband units (BBU) in response to this
comment. BIS welcomes comments on this change.
vii. Addition of .y paragraphs under y.7 through y.74. This IFR
adds .y paragraphs y.7 through y.74, along with making some
clarifications to the existing 9A515.y.1 through y.6 descriptions, to
identify 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 or that have otherwise been determined by Commerce, State,
and Defense as warranting control in 9A004.y. The revisions to existing
9A515.y.4 through .6 include removing the term space grade from
9A515.y.4 through 9A515.y.6 to add other control criteria, which will
maintain the same scope of controls, but do it in a way that uses more
objective and more commonly used criteria for spacecraft and related
items.
viii. Clarification for how to classify a .y commodity. Two
commenters in response to the Commerce ANPRM requested confirmation for
whether persons classifying items under a .y paragraph would need to
have access to an interagency-cleared commodity classification (CCATS)
that resulted in a commodity being added to a .y entry on the CCL. No
EAR changes are required to address these comments because the existing
EAR provisions already address the questions being asked by these two
commenters. This IFR notes here that an exporter, reexporter, or
transferor classifying a commodity under a .y entry on the CCL does not
need access to any related CCATS in order to classify an item under a
.y entry. To be classified under a .y entry on the CCL, the commodity
in question would need to meet two criteria: (1) the commodity meets
the described control parameter description in a .y paragraph (e.g.,
9A515.y); and (2) the item in question is ``specially designed'' for a
referenced item or category in the respective .y paragraph.
For example, this IFR adds new 9A515.y.7, which will control public
address (PA) systems. The first part of the classification analysis
would be to determine if the commodity is a public address (PA) system.
The second part of the analysis would determine whether that PA system
was ``specially designed'' for defense articles described in USML
Category XV or items controlled by 9A515.
If in response to a CCATS submission requesting a release from
``specially designed'' for purposes of 9A515.x, Commerce, State, and
Defense concur that such a commodity may be released from ``specially
designed,'' and that the person that submitted the CCATS, along with
any other exporter, reexporter, or transferor that person shared the
CCATS determination with, may rely on that interagency CCATS
determination and the paragraph (b)(1) release from ``specially
designed.'' In these types of scenarios, BIS would subsequently revise
the respective .y paragraph, such as 9A515.y in this example to add a
description of the commodity that was designated as being a 9A515.y
commodity, provided it was also ``specially designed'' for purposes of
that respective .y paragraph. BIS welcomes comments on this
clarification in response to these comments submitted in response to
the IFR.
ix. Addition of Note 6 to 9A515 to further specify control for
items operating on other celestial bodies. This IFR adds new Note 6 to
9A515 to specify that an item, such as a rover, operating on any
celestial body other than Earth is treated as if it is on Earth for
classification purposes on the CCL. This will clarify the control
status for rovers and similar types of items that may be used on other
celestial bodies, but otherwise generally have no special attributes
that would warrant treating them differently from an export control
perspective because the object can operate on Earth as well as other
celestial bodies.
c. ECCN 9A604
i. Removal of ECCN 9A604.a and .b to clarify the jurisdictional
control status of certain thermal batteries. This IFR removes ECCN
9A604.a and .b, which prior to this IFR included control parameters for
certain thermal batteries. However, the USML also included control
parameters for the same types of thermal batteries, which has resulted
in questions from the public on the correct export control jurisdiction
for these types of thermal batteries. The USML Order of Review and CCL
Order of Review address such a scenario when there is an actual or a
perceived overlap between the control parameters included on the two
respective control lists by specifying that the USML takes precedence
over the CCL. To remove any potential ambiguity regarding the
jurisdictional status of such thermal batteries, this IFR removes and
reserves 9A604.a and .b. This IFR adds in ECCN 9A604 a new Related
Controls paragraph (3) to specify that thermal batteries for USML
Category IV items are subject to the ITAR and include a parenthetical
cross reference to see 22 CFR 121.1, USML Category XIII for such
thermal batteries.
Two commenters in response to the Commerce ANPRM stated that the
same thermal batteries for USML Category IV items are described on both
the USML and the CCL. These two commenters requested that State and
Commerce consider removing these specific types of thermal batteries
from the USML Category XIII(h)(3) entry, as they are sufficiently
controlled under ECCN 9A604.a, and the double entry introduces
opportunities for misunderstanding within industry. BIS agrees that the
CCL parameters for thermal batteries in ECCN 9A604 overlap with the
control parameters in Category XIII(h)(3). The CCL Order of Review
addresses this scenario with the USML control taking jurisdictional
precedence over the CCL control for these thermal batteries. This IFR
removes and reserves ECCN 9A604.a and .b to address this overlap.
ii. Clarification to 9A604.x to add a cross reference to 9A604.y.
This IFR revises 9A604.x to add a reference to 9A604.y to exclude
commodities described in 9A604.y from the scope of 9A604.x. In order to
be classified under 9A604.y, the item in question would need to meet
the description under the respective 9A604.y ``items'' paragraph and
the definition of ``specially designed.'' Items that meet both of those
criteria are not classified under 9A604.x.
iii. Addition of 9A604.y.1 paragraph under y.
This IFR adds .y paragraph y.1 (``Parts'' and minor ``components''
for landing leg assemblies) to identify specific ``parts,''
``components,'' ``accessories,'' and ``attachments'' ``specially
designed'' for a commodity subject to control in this entry, ECCN
9A604, or for a defense article in USML Category IV and not elsewhere
specified on the USML or on the CCL, and other commodities, as follows,
and ``parts,'' ``components,'' ``accessories,'' and ``attachments''
``specially designed''
[[Page 84775]]
therefor. To comply with Office of Federal Register (OFR) drafting
requirements, this IFR also reserves paragraph y.2.
This IFR, as a conforming change to the addition of 9A604.y,
revises the License Requirements section under 9A604, to add an RS
control for 9A604.y that applies to China, Russia, or Venezuela (see 15
CFR 742.6(a)(7)). This IFR also adds this RS license requirement for
consistency with other ``600 series'' and 9x515 ECCNs that include a .y
``items'' paragraph. The addition of the RS license requirement to
9A604.y is a conforming change with the license requirements that apply
for other .y items in other ``600 series'' and 9x515 ECCNs to ensure
that such .y items this IFR adds to 9A604.y may not be exported or
reexported to China, Russia, or Venezuela without a BIS authorization.
BIS welcomes comments identifying any major ``components'' for landing
leg assemblies or certain landing leg assemblies that may warrant
consideration for adding to 9A604.y.1.
d. ECCN 9D515
i. Excluding the new 9D515.x from the NS1 and RS1 license
requirement and adding a license requirement for NS2 and RS2 to
9D515.x. This IFR revises the License Requirements for ECCN 9D515 to
add an exclusion for the new 9D515.x from the license requirement for
NS1 and RS1 in the License Requirements section. This IFR, as a
conforming change, also revises the NS2 and RS2 license requirement in
the License Requirements section to impose a license requirement on
9D515.x.
ii. Addition of 9D515.x. This IFR adds a new 9D515.x to control
``software'' ``specially designed'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.x. A ``software'' control for
9A515.x was intended for 9D515.x, but prior to this IFR was not
included. Other ``items'' paragraphs of 9D515 may have already
controlled such ``software,'' but to make it more explicit and easier
for persons classifying the ``software'' under this ECCN, this IFR adds
this new 9D515.x. As a conforming change for the addition of new
9D515.x, this IFR reserves ``items'' paragraphs f. through w. under
9D515.
e. ECCN 9E515
i. Excluding the new 9E515.x from the NS1 and RS1 license
requirement and adding a license requirement for NS2 and RS2 to
9E515.x. This IFR revises the License Requirements for ECCN 9E515 to
add an exclusion for new 9E515.x from the license requirement for NS1
and RS1. This IFR also revises the license NS2 and RS2 license
requirement in the License Requirements section to impose a license
requirement on 9E515.x to ensure an appropriate control will be in
place to protect U.S. national security and foreign policy interests
for this technology.
ii. Addition of 9E515.x. This IFR adds a new 9E515.x to control
``technology'' ``required'' for the ``development,'' ``production,''
operation, failure analysis or anomaly resolution of commodities
controlled by ECCN 9A515.x. As a conforming change for the addition of
new 9E515.x, this IFR reserves ``items'' paragraphs g. through .w under
9E515.
iii. Request to narrow the scope of ``technology'' controlled under
9E515. A commenter in response to the Commerce ANPRM requested that BIS
limit the control on repair technology under ECCN 9E515 to things like
``investigations into'' anomalies and exclude specific operations in
response to those anomalies. This IFR notes here that these types of
classification questions are addressed by reviewing the definition of
``required,'' which refines the scope of the control to what
``technology'' is intended to be controlled under a particular
technology entry. BIS does not believe any regulatory changes are
needed to address this comment, but BIS welcomes comments on this
clarification that reviewing the definition of ``required''
sufficiently addresses this comment.
2. Specifying the BIS Determination That Space Act Agreements (SAA) to
Which the National Aeronautics Space Agency (NASA) is a Party Meet the
Criteria Under License Exception GOV Under Sec. 740.11(b)(2)(ii) and
(b)(2)(iii)(B) and (C)
In Sec. 740.11 (Governments, international organizations,
international inspections under the Chemical Weapons Convention, and
the International Space Station (GOV)), this IFR revises the paragraph
(b)(1) (Scope) by adding a new sentence at the end of that paragraph to
specify that for purposes of paragraphs (b)(2)(ii) and (b)(2)(iii)(B)
and (C) of that section, BIS has determined that an SAA to which NASA
is a party meets the criteria of these three paragraphs for being
`authorized by law and subject to control by the President by other
means.'
3. Clarification on Shipments to Launch Platforms Located in
International Waters
In Sec. 744.7 (Restrictions on certain exports to and for the use
of certain foreign vessels or aircraft) this IFR adds a new Note 1 to
paragraph (a) to clarify that a shipment or transmission of items to a
launch platform or facility in international waters is treated as an
``export'' or ``reexport'' to the country or countries the platform or
facility is owned by, controlled by, or being operated on behalf of.
Public comments in response to the Commerce ANPRM noted that
launches from platforms in international waters are now possible and
will likely increase in the future, as well as other space-related
launch activities in international waters. The comments asked for BIS
to clarify how shipments to international waters would be treated, in
particular for countries of concern, such as those destinations
identified in Country Groups D:1, D:4, or D:5. This IFR addresses this
issue by adding new Note 1 to paragraph (a), which imposes a license
requirement under Sec. 744.7 based on the underlying CCL-based license
requirement that does require a license for all 9x515, 9A004, and 9A604
items when exported or reexported to a Country Group D:1, D:4, or D:5
country, as well as to most other destinations. BIS welcomes comments
from the public on the scope of this Note to paragraph (a).
One commenter in response to the Commerce ANPRM requested
additional guidance be provided for how launch, landing and related
activities that occur in the ocean are addressed under the EAR. This
commenter noted that the EAR does not clearly identify where in the
ocean the United States begins and ends, making it difficult to
determine what constitutes an ``export'' when spacecraft and related
items subject to the EAR are moved into the ocean for launching or
landing a rocket or spacecraft. In addition, if a U.S. person owns and
remains in possession and control of such items when taking them from
U.S. soil into the ocean, the current regulations still appear to
require a license, even if there is no foreign person involvement. This
IFR notes here that the definition of ``United States'' in Sec. 772.1
of the EAR defines what is considered the ``United States'' for
purposes of the EAR, along with the definition of ``export'' in Sec.
734.13 (Export). To address ``exports'' to international waters, this
IFR makes revisions to Sec. 744.7, which are responsive to this
comment requesting additional clarification for how such
[[Page 84776]]
``exports'' are controlled under the EAR. BIS notes here that the
clarification addresses this issue primarily as it relates to
spacecraft and related items. BIS welcomes comments on this change,
including whether commenters believe any additional clarifications
should be made to the EAR to address these ``exports,'' as well as
``reexports,'' to international waters scenarios.
4. Addition of License Exception GOV Paragraph (e) Eligibility for ECCN
9A004 When Needed in Russia on Short Notice for Launch to the
International Space Station (ISS)
This IFR revises Sec. 746.8(c)(2)(ii) of the Russian and Belarus
sanctions that specifies that License Exception GOV under Sec.
740.11(b) may overcome the license requirements in paragraphs (a)(1),
(2), and (4) through (7) of Sec. 746.8. This IFR adds a sentence to
the end of this paragraph to specify that License Exception GOV under
Sec. 740.11(e) may overcome the license requirements in paragraphs
(a)(1) and (2) of Sec. 746.8 for ECCN 9A004. This IFR adds this
additional license exception eligibility by taking into account the
current exclusion in the RS control in 9A004 that excludes these
9A004.y commodities from the RS license requirement for Russia when the
commodities are for use in, with, or for the International Space
Station (ISS), including launch to the ISS, as well as this IFR adding
more commodities to ECCN 9A004.y. When these ECCN 9A004 commodities are
needed to be exported or reexported to or transferred within Russia on
short notice for launch to the ISS and the export, reexport, or
transfer (in-country) is not otherwise restricted under the general
restrictions under Sec. 740.2 and meets all of the applicable
requirements of Sec. 740.11(e), authorizing these exports, reexports,
and transfers (in-country) are consistent with U.S. national security
and foreign policy interests.
Savings Clause
For the changes being made in this interim final rule, shipments of
items removed from eligibility for a License Exception or export,
reexport, or transfer (in-country) without a license (NLR) as a result
of this regulatory action that were en route aboard a carrier to a port
of export, reexport, or transfer (in-country), on [INSERT DATE OF
PUBLICATION IN THE Federal Register], pursuant to actual orders for
export, reexport, or transfer (in-country) to or within a foreign
destination, may proceed to that destination under the previous
eligibility for a License Exception or export, reexport, or transfer
(in-country) without a license (NLR), provided the export, reexport, or
transfer (in-country) is completed no later than on November 22, 2024.
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: (1) the establishment of a
list of controlled items; (2) the prohibition of unauthorized exports,
reexports, and transfers (in-country); (3) the requirement of licenses
or other authorizations for exports, reexports, and transfers (in-
country) of controlled items; (4) the apprising of the public of
changes in policy, regulations, and procedures; and (5) 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 proposed rule has been designated a
``significant regulatory action'' 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 (44 U.S.C. 3501 et
seq.) (PRA), 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 400, which is
expected to reduce the current approved estimates, which will result in
a reduction of 196 burden hours saved and cost savings to the public of
$7,448 under this collection. The respondent burden under controls
numbers 0694-0096 and 0607-0152 are not anticipated to change as a
result of this interim 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)).
[[Page 84777]]
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 734
Administrative practice and procedure, Exports, Inventions and
patents, Research,
Science and technology.
15 CFR Part 740
Administrative practice and procedure, Exports, Reporting and
recordkeeping requirements.
15 CFR Part 744
Exports, Reporting and recordkeeping requirements, Terrorism.
15 CFR Parts 746 and 774
Exports, Reporting and recordkeeping requirements.
For the reasons stated in the preamble, parts 734, 740, 744, 746,
and 774 of the Export Administration Regulations (15 CFR parts 730
through 774) are amended as follows:
PART 734--SCOPE OF THE EXPORT ADMINISTRATION REGULATIONS
0
1. The authority citation for part 734 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.; E.O. 12938, 59 FR 59099, 3 CFR, 1994 Comp., p.
950; E.O. 13020, 61 FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 13026,
61 FR 58767, 3 CFR, 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 3
CFR, 2001 Comp., p. 783; E.O. 13637, 78 FR 16129, 3 CFR, 2014 Comp.,
p. 223; Notice of November 1, 2023, 88 FR 75475.
0
2. Section 734.10 is amended by:
0
a. By removing the word ``and'' at the end of paragraph (b)(1)(iii) and
adding in its place the word ``or''; and
0
b. Adding paragraph (b)(1)(iv) to read as follows:
Sec. 734.10 Patents and standards-related activity.
* * * * *
(b) * * *
(1) * * *
(iv) ``Software'' that is classified under ECCN 9D515 (other than
9D515.d or .e); and ``technology'' classified under ECCN 9E515.a, .b,
or .f (limited to technology for 9A515.a.4), when the release is for a
``standards-related activity;'' and
* * * * *
PART 740--LICENSE EXCEPTIONS
0
3. The authority citation for part 740 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. 7201 et seq.; 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. Section 740.11 is amended by adding a new sentence at end of
paragraph (b)(1) to read as follows:
Sec. 740.11 Governments, international organizations, international
inspections under the Chemical Weapons Convention, and the
International Space Station (GOV).
* * * * *
(b) * * *
(1) * * * For purposes of paragraphs (b)(2)(ii), (b)(2)(iii)(B) and
(C) of this section, BIS has determined that a Space Act Agreement
(SAA) to which the National Aeronautics Space Agency (NASA) is a party
meets the criteria of these paragraphs for being authorized by law and
subject to control by the President by other means.
* * * * *
PART 744--CONTROL POLICY: END-USER AND END-USE BASED
0
5. The authority citation for part 744 is revised 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; 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. 13099, 63 FR 45167, 3
CFR, 1998 Comp., p. 208; E.O. 13222, 66 FR 44025, 3 CFR, 2001 Comp.,
p. 783; E.O. 13224, 66 FR 49079, 3 CFR, 2001 Comp., p. 786; Notice
of November 8, 2022, 87 FR 68015, 3 CFR, 2022 Comp., p. 563; Notice
of September 18, 2024, 89 FR 77011 (September 20, 2024).
0
6. Section 744.7 is amended by adding Note 1 to paragraph (a) to read
as follows:
Sec. 744.7 Restrictions on certain exports to and for the use of
certain foreign vessels or aircraft.
(a) * * *
Note 1 to paragraph (a): A shipment or transmission of items to
a launch platform or facility in international waters is an
``export'' or ``reexport'' to the country or countries the platform
or facility is owned by, controlled by, or being operated on behalf
of.
* * * * *
PART 746--EMBARGOES AND OTHER SPECIAL CONTROLS
0
7. The authority citation for 15 CFR part 746 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. 287c; Sec 1503, Pub. L. 108-11, 117
Stat. 559; 22 U.S.C. 2151 note; 22 U.S.C. 6004; 22 U.S.C. 7201 et
seq.; 22 U.S.C. 7210; E.O. 12854, 58 FR 36587, 3 CFR, 1993 Comp., p.
614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 Comp., p. 899; E.O. 13222,
66 FR 44025, 3 CFR, 2001 Comp., p. 783; E.O. 13338, 69 FR 26751, 3
CFR, 2004 Comp., p 168; Presidential Determination 2003-23, 68 FR
26459, 3 CFR, 2004 Comp., p. 320; Presidential Determination 2007-7,
72 FR 1899, 3 CFR, 2006 Comp., p. 325; Notice of May 8, 2024, 89 FR
40355 (May 9, 2024).
0
8. Section 746.8 is amended by revising paragraph (c)(2)(ii) to read as
follows:
Sec. 746.8 Sanctions against Russia and Belarus.
(c) * * *
(2) * * *
(ii) License Exception GOV (Sec. 740.11(b) of the EAR) may
overcome the license requirements in paragraphs (a)(1), (2), and (4)
through (7) of this section. License Exception GOV under (Sec.
740.11(e) of the EAR) may overcome the license requirements in
paragraphs (a)(1) and (2) of this section for ECCN 9A004.
* * * * *
PART 774--THE COMMERCE CONTROL LIST
0
9. 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
10. Supplement no. 1 to part 774 is amended by revising ECCNs 9A004,
9A515, 9A604, 9D515, 9E515, to read as follows:
Supplement No. 1 to Part 774--The Commerce Control List
* * * * *
9A004 Space launch vehicles and ``spacecraft,'' ``spacecraft
buses,'' ``spacecraft payloads,'' ``spacecraft'' on-board systems or
equipment, terrestrial equipment, and air-launch platforms, and
``sub-orbital craft,'' as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT
[[Page 84778]]
Country chart (see Supp.
Control(s) No. 1 to part 738)
NS applies to 9A004 .g, .r, .u, and .w.... NS Column 1.
NS applies to 9A004.s, .v, and .x......... NS Column 2.
RS applies to 9A004.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7)).
AT applies to 9A004.g, .s, .u, .v, .w, .x, AT Column 1.
and .y.
License Requirement Note: ECCN 9A004.a through .f apply to
certain space launch vehicles, spacecraft, spacecraft buses,
spacecraft payloads, on-board systems or equipment, and terrestrial
equipment. They are described in ECCN 9A004.a through .f in order to
harmonize 9A004 with the Wassenaar Arrangement Dual-Use List, even
though the controls for these items are found under ECCN 9A515 and
direct exporters, reexporters, and transferors to see USML Category
IV for 9A004.a. See UMSL Category IV for 9A004.a. See ECCN 9A515 for
9A004.b through .f, and .h. See this ECCN 9A004 for .g, .h, .r, and
.u through .y.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
List of Items Controlled
Related Controls: (1) See also 9A104, 9A515, and 9B515. (2) See
ECCNs 9E001 (``development'') and 9E002 (``production'') for
technology for items controlled by this entry. (3) See USML
Categories IV for the space launch vehicles and XV for other
spacecraft that are ``subject to the ITAR.''
Related Definition: N/A
Items:
a. Space launch vehicles.
b. ``Spacecraft.''
c. ``Spacecraft buses.''
d. ``Spacecraft payloads'' incorporating items specified by
3A001.b.1.a.4 or z (if also described in 3A001.b.1.a.4), 3A002.g,
5A001.a.1, .b.3, 5A002.c, z.3 or z.8, .e, z.5, 6A002.a.1, a.2, .b,
.d, 6A003.b, 6A004.c, .e, 6A008.d, .e, .k, .l or 9A010.c.
e. On-board systems or equipment, ``specially designed'' for
``spacecraft'' and having any of the following functions:
e.1. `Command and telemetry data handling;'
Note 1 to 9A004.e.1: For the purpose of 9A004.e.1, `command and
telemetry data handling' includes bus data management, storage, and
processing.
e.2. `Payload data handling;' or
Note 2 to 9A004.e.2: For the purpose of 9A004.e.2, `payload data
handling' includes payload data management, storage, and processing.
e.3. `Attitude and orbit control;'
Note 3 to 9A004.e.3: For the purpose of 9A004.e.3, `attitude and
orbit control' includes sensing and actuation to determine and
control the position and orientation of a ``spacecraft.''
f. Terrestrial equipment specially designed for ``spacecraft,''
as follows:
f.1. Telemetry and telecommand equipment ``specially designed''
for any of the following data processing functions:
f.1.a. Telemetry data processing of frame synchronization and
error corrections, for monitoring of operational status (also known
as health and safe status) of the ``spacecraft bus;'' or
f.1.b. Command data processing for formatting command data being
sent to the ``spacecraft'' to control the ``spacecraft bus;''
f.2. Simulators ``specially designed'' for `verification of
operational procedures' of ``spacecraft''.
Technical Note: For the purposes of 9A004.f.2, `verification of
operational procedures' is any of the following:
1. Command sequence confirmation;
2. Operational training;
3. Operational rehearsals; or
4. Operational analysis.
g. ``Aircraft'' ``specially designed'' or modified to be air-
launch platforms for space launch vehicles or ``sub-orbital craft.''
h. ``Sub-orbital craft.''
i. through q. [Reserved]
r. In-space habitats, other than the International Space Station
(ISS).
Note 4 to 9A004.r: In-space habitats are considered the
commercial equivalent of a space station because it is used for
persons conducting experiments or space tourism activities.
s. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for in-space
habitats in 9A004.r and that are NOT:
s.1. Described on the USML;
s.2. Described in ECCN 7A004 or 7A104;
s.3. Described in an ECCN containing ``space-qualified'' as a
control criterion (refer to 9A515.x.4); or
s.4 Described in 9A001, 9A002, 9A003, 9A515, or 9A991.
t. [Reserved]
u. The James Webb Space Telescope (JWST) being operated under
the supervision of the U.S. National Aeronautics and Space
Administration (NASA).
v. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for the James Webb
Space Telescope and that are NOT:
v.1. Described on the USML;
v.2. Microelectronic circuits;
v.3. Described in ECCN 7A004 or 7A104; or
v.4. Described in an ECCN containing ``space-qualified'' as a
control criterion (refer to 9A515.x.4).
w. The International Space Station being operated under the
supervision of the U.S. National Aeronautics and Space
Administration.
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for the
International Space Station.
y. Items that would otherwise be within the scope of ECCN
9A004.s or .x but that have been identified in an interagency-
cleared commodity classification (CCATS) pursuant to Sec. 748.3(e)
as warranting control in 9A004.y.
y.1. Discrete electronic components not specified in 9A515.e;
y.2. Thermistors for spacecraft applications;
y.3. RF microwave bandpass ceramic filters (e.g., Dielectric
Resonator Bandpass Filters);
y.4. Hall effect sensors for spacecraft applications;
y.5. Subminiature (SMA and SMP) plugs and connectors, TNC plugs
and cable and connector assemblies with SMA plugs and connectors for
spacecraft applications;
y.6. Flight cable assemblies for spacecraft applications;
y.7. Public address (PA) systems;
y.8. Audio selector panels;
y.9. Spacecraft crew, passenger, or participant lavatories and
body waste management systems;
y.10. Spacecraft crew, passenger, or participant hygiene
facilities and systems;
y.11. Spacecraft crew, passenger, or participant crew rest
equipment or sleeping quarters;
y.12. Spacecraft crew, passenger, or participant galleys or food
preparation or serving systems;
y.13. Spacecraft crew, passenger, or participant entertainment
systems;
y.14. Spacecraft crew, passenger, or participant exercise
systems;
y.15. Spacecraft crew, passenger, or participant laundry
systems;
y.16. Spacecraft crew, passenger, or participant safety systems
not including launch abort systems/launch escape systems, ejector
seats, spacesuits, flight suits, helmets, or parts and components
therefor;
y.17. Spacecraft crew, passenger, or participant storage units,
facilities, or systems (for items related to human safety, welfare,
and health);
y.18. Spacecraft crew, passenger, or participant medical
facilities or health-related systems for monitoring, evaluating, or
assessing, or for providing treatments;
y.19. Spacecraft crew, passenger, or participant information
systems (e.g., personal laptops and phones);
y.20. Name plates, identification plates, and identification
systems;
y.21. Internal, external, and emergency lighting systems;
y.22. Humidity and CO<INF>2</INF> removal systems;
y.23. Potable water storage systems;
y.24. Water regeneration systems;
y.25. Air filters, filter networks, or air quality systems;
y.26. Space heaters, temperature sensors, or thermostats for
human habitation;
y.27. Environmental control systems for human habitation;
y.28. Spacecraft environmental control systems (e.g., air
conditioner, air distribution, air filtration and sanitation,
CO<INF>2</INF> removal, cabin pressure control, dehumidifier, fire
suppression system, nitrogen oxygen recharge system, heater systems,
thermostats);
y.29. Plant growth systems;
y.30. Fire extinguishers;
y.31. Flame, smoke, or CO<INF>2</INF> detectors;
y.32. Fire suppression systems;
y.33. Spacecraft crew, passenger, or participant seats and parts
and components;
y.34. Spaceflight crew, passenger, or participant ejection seat
mounted survival aids;
y.35. Spaceflight crew, passenger, or participant life rafts;
[[Page 84779]]
y.36. Spacecraft crew, passenger, or participant locator
beacons;
y.37. Spacecraft crew, passenger, or participant mirrors;
y.38. Spacecraft crew, passenger, or participant windows;
y.39. Spacecraft locator beacons;
y.40. Viewing windows on non-crewed spacecraft;
y.41. Hydraulic, pneumatic, oil, fuel, gas, propellant, fluid,
and thermal control fluid reservoirs, filters, filter assemblies,
tubing, lines, hoses, check valves, and quick disconnects, and
associated fittings, couplings, clamps, brackets, adapters, valves,
gaskets, and shims;
y.42. Gauges and indicators;
y.43. Filtered and unfiltered panel knobs, indicators,
annunciator panels, switches, buttons and dials;
y.44. Energy dissipating pads for cargo or crew;
y.45. Bracket adapters for bus and payload structures;
y.46. Latches and hinges;
y.47. Boom assemblies;
y.48. Multiplexor and Demultiplexors (MUX & DEMUX);
y.49. Switches, switch bank assemblies, beam select switches,
transfer switch assemblies, switch matrices, thermal switches;
y.50. Magnetic torque bars;
y.51. Filters, filter networks;
y.52. Network switches;
y.53. Antenna feed horns;
y.54. Diplexers, modulators, demodulators;
y.55. Backshells, pins, and contacts;
y.56. Measurement devices;
y.57. Non Propulsive landing systems (e.g., skids, inflatable);
y.58. Electrical connectors;
y.59. Electric fans;
y.60. Microphones;
y.61. Speakers;
y.62. Circuit breakers; and
y.63. Printed circuit boards.
Note 5 to 9A004: An item operating on any celestial body other
than Earth is treated as if it is on Earth for classification
purposes on the CCL.
* * * * *
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, .x, NS Column 1.
and .y.
RS applies to entire entry, except .e, .x, RS Column 1.
and .y.
MT applies to microcircuits in 9A515.d and MT Column 1.
9A515.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.
NS applies to 9A515.x..................... NS Column 2.
RS applies to 9A515.e and .x.............. RS Column 2.
RS applies to 9A515.y..................... China, Russia or Venezuela
(see Sec. 742.6(a)(7)).
AT applies to entire entry................ AT Column 1.
License Requirement Notes:
(1) 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.
(2) ECCN 9A004.a through .f apply to certain space launch
vehicles, spacecraft, spacecraft buses, spacecraft payloads, on-
board systems or equipment, and terrestrial equipment. They are
listed in ECCN 9A004.a through .f in order to harmonize 9A004 with
the Wassenaar Arrangement Dual-Use List, even though the controls
for these items are found under ECCN 9A515 and to direct exporters,
reexporters, and transferors to see USML Category IV for 9A004.a.
See UMSL Category IV for 9A004.a. See ECCN 9A515 for 9A004.b through
.f, and .h. See this ECCN 9A004 for .g, .h, .r, .s, and .u through
.y.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: $1500
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 described 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 9A515.
List of Items Controlled
Related Controls: Spacecraft, launch vehicles and related articles
that are described on 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 described in USML Category
XV or described in ECCN 9A004.r, .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;
[[Page 84780]]
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 1 to 9A515: ECCN 9A515.a includes commercial communications
satellites, remote sensing satellites, ``sub-orbital craft,'' and
planetary and interplanetary probes, not identified in ECCN 9A004 or
USML Category XV(a).
b. Equipment for telemetry, tracking, and control, as follows:
b.1. Ground control systems and training simulators ``specially
designed'' for telemetry, tracking, and control of the
``spacecraft'' controlled in paragraphs 9A004.u or 9A515.a;
b.2. Terrestrial equipment ``specially designed'' for
``spacecraft,'' as follows:
b.2.a. Telemetry and telecommand equipment ``specially
designed'' for any of the following data processing functions:
b.2.a.1. Telemetry data processing of frame synchronization and
error corrections, for monitoring of operational status (also known
as health and safe status) of the ``spacecraft bus;'' or
b.2.a.2. Command data processing for formatting command data
being sent to the ``spacecraft'' to control the ``spacecraft bus;''
b.2.b. [Reserved]
b.3. Simulators ``specially designed'' for `verification of
operational procedures' of ``spacecraft.''
Technical Note: For the purposes of 9A515.b.3, `verification of
operational procedures' is any of the following:
1. Command sequence confirmation;
2. Operational training;
3. Operational rehearsals; or
4. Operational analysis.
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>-</SUP>\10\ 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>-</SUP>\10\ 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 as meeting
or exceeding the characteristics in either paragraph e.1 or e.2, AND
``specially designed'' for defense articles described in 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 2 to 9A515.d and .e: See USML Category XI for military
electronics. See 3A611.f for PLDs and ASICs programmed for 600
series items.
Note 3 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 greater than or equal to 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]
w. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that would otherwise be within the scope of ECCN
9A515.x but that have been identified by the interagency as
warranting control in 9A515.w, as follows:
w.1. [Reserved]
x. ``Parts,'' ``components,'' ``accessories'' and
``attachments'' that are ``specially designed'' for defense articles
described in USML Category XV or items controlled by 9A515, and that
are NOT:
x.1. Described on 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 4 to 9A515.x: ``Parts,'' ``components,'' ``accessories,''
and ``attachments'' described on the USML, either in Category XV(e)
or elsewhere, are subject to the ITAR.
Note 5 to 9A515.b and .x: This note clarifies the scope of
controls over baseband units (BBU). For purposes of 9A515.b and .x,
a BBU means a device that interprets the original frequency range of
a transmission signal. These devices are not controlled under
9A515.b or .x when they do not perform telemetry, track, and
control.
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. Thermistors for spacecraft applications;
y.3. RF microwave bandpass ceramic filters (e.g., Dielectric
Resonator Bandpass Filters);
y.4. Hall effect sensors for spacecraft applications;
y.5. Subminiature (SMA and SMP) plugs and connectors, TNC plugs
and cable and connector assemblies with SMA plugs and connectors for
spacecraft applications;
y.6. Flight cable assemblies for spacecraft applications;
y.7. Public address (PA) systems;
y.8. Audio selector panels;
y.9. Spacecraft crew, passenger, or participant lavatories and
body waste management systems;
y.10. Spacecraft crew, passenger, or participant hygiene
facilities and systems;
y.11. Spacecraft crew, passenger, or participant crew rest
equipment or sleeping quarters;
y.12. Spacecraft crew, passenger, or participant galleys or food
preparation or serving systems;
y.13. Spacecraft crew, passenger, or participant entertainment
systems;
y.14. Spacecraft crew, passenger, or participant exercise
systems;
y.15. Spacecraft crew, passenger, or participant laundry
systems;
y.16. Spacecraft crew, passenger, or participant safety systems,
not including launch abort systems/launch escape systems, ejector
seats, spacesuits, flight suits, helmets, or ``parts'' and
``components'' therefor;
y.17. Spacecraft crew, passenger, or participant storage units,
facilities, or systems (for items related to human safety, welfare,
and health);
y.18. Spacecraft crew, passenger, or participant medical
facilities or health-related systems for monitoring, evaluating, or
assessing, or for providing treatments;
y.19. Spacecraft crew, passenger, or participant information
systems (e.g., personal laptops and phones);
y.20. Name plates, identification plates, and identification
systems;
y.21. Internal, external, and emergency lighting systems;
y.22. Humidity and CO<INF>2</INF> removal systems;
y.23. Potable water storage systems;
y.24. Water regeneration systems;
y.25. Air filters, filter networks, or air quality systems;
y.26. Space heaters, temperature sensors, or thermostats for
human habitation;
y.27. Environmental control systems for human habitation;
y.28. Spacecraft environmental control systems (e.g., air
conditioner, air distribution, air filtration and sanitation,
CO<INF>2</INF> removal,
[[Page 84781]]
cabin pressure control, dehumidifier, fire suppression system,
nitrogen oxygen recharge system, heater systems, thermostats);
y.29. Plant growth systems;
y.30. Fire extinguishers;
y.31. Flame, smoke, or CO<INF>2</INF> detectors;
y.32. Fire suppression systems;
y.33. Spacecraft crew, passenger, or participant seats, other
than ejection seats, and ``parts'' and ``components;''
y.34. Spaceflight crew, passenger, or participant ejection seat
mounted survival aids;
y.35. Spaceflight crew, passenger, or participant life rafts;
y.36. Spacecraft crew, passenger, or participant locator
beacons;
y.37. Spacecraft crew, passenger, or participant mirrors;
y.38. Spacecraft crew, passenger, or participant windows;
y.39. Spacecraft locator beacons;
y.40. Viewing windows on non-crewed spacecraft;
y.41. Temperature sensors and pressure transducers;
y.42. Thermal control pumps, accumulators, fluid filters and
filter assemblies, control valves, heat exchangers, and radiators;
y.43. Hydraulic, pneumatic, oil, fuel, gas, propellant, fluid,
and thermal control fluid reservoirs, filters, filter assemblies,
tubing, lines, hoses, check valves, and quick disconnects, and
associated fittings, couplings, clamps, brackets, adapters, valves,
gaskets, shims, and o-rings;
y.44. Gauges and indicators;
y.45. Filtered and unfiltered panel knobs, indicators,
annunciator panels, switches, buttons and dials;
y.46. Spacecraft tires and brake systems (does not include
sintered mix or carbon/carbon materials);
y.47. Bearings (e.g., Ball, roller, wheel);
y.48. Energy dissipating pads for cargo or crew;
y.49. Spacecraft bus structures;
y.50. Bracket adapters for bus and payload structures;
y.51. Latches and hinges;
y.52. Boom assemblies;
y.53. Cables, cable assemblies, and connectors;
y.54. Batteries and associated battery management circuitry;
y.55. Germanium coated polyimide tapes (e.g., Kapton tape);
y.56. Multiplexors and Demultiplexors (MUX & DEMUX);
y.57. Switches, switch bank assemblies, beam select switches,
transfer switch assemblies, switch matrices, thermal switches;
y.58. Magnetic torque bars;
y.59. Filters, filter networks;
y.60. Network switches;
y.61. Reflectors, antennas;
y.62. Antenna feed horns;
y.63. Diplexers, modulators, demodulators;
y.64. Second surface mirrors;
y.65. Backshells, pins and contacts;
y.66. Measurement devices;
y.67. Electrical power distribution and control units;
y.68. Electrical connectors;
y.69. Non-propulsive landing systems (e.g., skids, inflatable);
y.70. Electric fans;
y.71. Microphones;
y.72. Speakers;
y.73. Circuit breakers; and
y.74. Printed circuit boards ``specially designed'' for items
classified under 9A515.y
Note 6 to 9A515: An item operating on any celestial body other
than Earth is treated as if it is on Earth for classification
purposes on the CCL.
9A604 Commodities related to launch vehicles, missiles, and rockets
(see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, MT, AT, UN
Country chart (See Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry................ NS Column 1.
RS applies to entire entry................ RS Column 1.
MT applies to 9A604.c, .d, and .f......... MT Column 1.
RS applies to 9A604.y..................... China, Russia, or Venezuela
(see Sec. 742.6(a)(7)).
AT applies to entire entry................ AT Column 1.
UN applies to entire entry................ See Sec. 746.1(b) for UN
controls.
List Based License Exceptions (See Part 740 for a Description of All
License Exceptions)
LVS: N/A
GBS: N/A
Special Conditions for STA
STA: Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2)
of the EAR) may not be used for any item in this ECCN 9A604.
List of Items Controlled
Related Controls: (1) Launch vehicles, missiles, and rockets are
subject to the ITAR (see USML Category IV). (2) See ECCN 0A919 for
foreign-made ``military commodities'' that incorporate more than a
de minimis amount of U.S.-origin ``600 series'' controlled content.
(3) Thermal batteries for USML Category IV items are subject to the
ITAR (see USML Category XIII).
Related Definitions: N/A
Items:
a. through b. [Reserved]
c. ``Components'' ``specially designed'' for ramjet, scramjet,
pulse jet, or combined cycle engines described in USML Category IV,
including devices to regulate combustion in such commodities.
d. ``Components'' ``specially designed'' for hybrid rocket
motors described in USML Category IV usable in rockets, missiles, or
unmanned aerial vehicles capable of a range equal to or greater than
300 km.
e. ``Components'' ``specially designed'' for pressure gain
combustion-based propulsion systems described in USML Category IV.
f. Composite structures, laminates and manufactures thereof
``specially designed'' for the following items described in USML
Category IV:
f.1. Systems capable of a range equal to or greater than 300 km;
f.2. Individual rocket stages usable in 9A604.f.1. systems;
f.3. Solid propellant rocket motors or hybrid rocket motors
having a total impulse capacity equal to or greater than 8.41 x
10\5\ Ns; or
f.4. Liquid propellant rocket engines integrated, or designed or
modified to be integrated, into a liquid propellant propulsion
system which has a total impulse capacity equal to or greater than
8.41 x 10\5\ Ns.
f.5. Thrust vector control systems usable in rockets, space
launch vehicles (SLVs), and missiles capable of delivering at least
a 500 kg payload to a range of at least 300 km.
f.6. Re-entry vehicles or warhead heat shields usable in
rockets, SLVs, and missiles capable of delivering at least a 500 kg
payload to a range of at least 300 km.
f.7. Safing, arming, fuzing, and firing components usable in
rockets, SLVs, and missiles capable of delivering at least a 500 kg
payload to a range of at least 300 km.
g. through w. [Reserved]
x. ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' that are ``specially designed'' for a commodity
subject to control in paragraphs .a through .d of this ECCN, or a
defense article described in USML Category IV, and not specified
elsewhere on the USML or in 9A604.y.
Note to 9A604.x: ``Parts,'' ``components,'' ``accessories,'' and
``attachments'' specified in USML Category IV(h) are subject to the
controls of that paragraph.
y. Specific ``parts,'' ``components,'' ``accessories,'' and
``attachments'' ``specially designed'' for a commodity subject to
control in this entry, ECCN 9A604, or for a defense article in USML
Category IV and not elsewhere specified on the USML or on the CCL,
and other commodities, as follows, and ``parts,'' ``components,''
``accessories,'' and ``attachments'' ``specially designed''
therefor:
y.1. ``Parts'' and minor ``components'' for landing leg
assemblies; and
y.2. [RESERVED]
* * * * *
9D515 ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, installation, maintenance, repair,
overhaul, or refurbishing of ``spacecraft'' and related commodities,
as follows (see List of Items Controlled).
License Requirements
Reason for Control: NS, RS, AT
Country chart (See Supp.
Control(s) No. 1 to part 738)
NS applies to entire entry except 9D515.x NS Column 1.
and y.
RS applies to entire entry except 9D515.x RS Column 1.
and y.
NS applies to 9D515.x..................... NS Column 2.
RS applies to 9D515.x..................... RS Column 2.
RS applies to 9D515.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.
[[Page 84782]]
AT applies to entire entry................ AT Column 1.
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 9D515.b, .d, or .e. (2)
Paragraph (c)(2) of License Exception STA (Sec. 740.20(c)(2) of the
EAR) may not be used for any ``software'' in 9D515.
List of Items Controlled
Related Controls: (1) ``Software'' directly related to articles
described in USML Category XV is subject to the ITAR. (2) See also
ECCNs 3D001, 6D001, 6D002, and 6D991 for controls of specific
``software'' ``specially designed'' for certain ``space-qualified''
items. (3) For ``software'' for items listed in 9A004.d that are
incorporated into ``spacecraft payloads'', see the appropriate
``software'' ECCN within those Categories.
Related Definitions: N/A
Items:
a. ``Software'' (other than ``software'' controlled in
paragraphs .b, .d, or .e of this entry) ``specially designed'' for
the ``development,'' ``production,'' operation, installation,
maintenance, repair, overhaul, or refurbishing of commodities
controlled by ECCN 9A515 (except 9A515.d, .e, or .x) or 9B515.
b. ``Source code'' that:
b.1. Contains the algorithms or control principles (e.g., for
clock management), precise orbit determination (e.g., for ephemeris
or pseudo range analysis), signal construct (e.g., pseudo-random
noise (PRN) anti-spoofing) ``specially designed'' for items
controlled by ECCN 9A515;
b.2. Is ``specially designed'' for the integration, operation,
or control of items controlled by ECCN 9A515;
b.3. Contains algorithms or modules ``specially designed'' for
system, subsystem, component, part, or accessory calibration,
manipulation, or control of items controlled by ECCN 9A515;
b.4. Is ``specially designed'' for data assemblage,
extrapolation, or manipulation of items controlled by ECCN 9A515;
b.5. Contains the algorithms or control laws ``specially
designed'' for attitude, position, or flight control of items
controlled in ECCN 9A515; or
b.6. Is ``specially designed ``for built-in test and diagnostics
for items controlled by ECCN 9A515.
c. [Reserved]
d. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.d.
e. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.e.
f. through w. [Reserved]
x. ``Software'' ``specially designed'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.x.
y. Specific ``software'' ``specially designed'' for the
``development,'' ``production,'' operation, or maintenance of
commodities enumerated in ECCN 9A515.y.
* * * * *
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.
Control(s) No. 1 to part 738)
NS applies to entire entry except 9E515.x NS Column 1.
and .y.
RS applies to entire entry except 9E515.x RS Column 1.
and .y.
MT applies to technology for items in MT Column 1.
9A515.d, .e.2, .h, and 9B515.a controlled
for MT reasons.
NS applies to 9E515.x..................... NS Column 2.
RS applies to 9E515.x..................... RS Column 2.
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 9E515.
List of Items Controlled
Related Controls: Technical data directly related to articles
described in USML Category XV are subject to the ITAR. 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 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 w. [Reserved]
x. ``Technology'' ``required'' for the ``development,''
``production,'' operation, failure analysis or anomaly resolution of
commodities controlled by ECCN 9A515.x.
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);
(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;
[[Page 84783]]
(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. 2024-23958 Filed 10-17-24; 4:15 pm]
BILLING CODE 3510-33-P
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