[Federal Register Volume 77, Number 85 (Wednesday, May 2, 2012)]
[Proposed Rules]
[Pages 25944-25949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-10455]
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DEPARTMENT OF STATE
22 CFR Part 121
RIN 1400-AD02
[Public Notice 7861]
Amendment to the International Traffic in Arms Regulations:
Revision of U.S. Munitions List Category V.
AGENCY: Department of State.
ACTION: Proposed rule.
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SUMMARY: As part of the President's Export Control Reform effort, the
Department of State proposes to amend the International Traffic in Arms
Regulations (ITAR) to revise Category V (explosives and energetic
materials, propellants, incendiary agents, and their constituents) of
the U.S. Munitions List (USML) to describe more precisely the articles
warranting control on the USML.
[[Page 25945]]
DATES: The Department of State will accept comments on this proposed
rule until June 18, 2012.
ADDRESSES: Interested parties may submit comments within 45 days of the
date of publication by one of the following methods:
Email: [email protected] with the subject line,
``ITAR Amendment--Category V.''
Internet: At www.regulations.gov, search for this notice
by using this rule's RIN (1400-AD02).
Comments received after that date will be considered if feasible,
but consideration cannot be assured. Those submitting comments should
not include any personally identifying information they do not desire
to be made public or information for which a claim of confidentiality
is asserted because those comments and/or transmittal emails will be
made available for public inspection and copying after the close of the
comment period via the Directorate of Defense Trade Controls Web site
at www.pmddtc.state.gov. Parties who wish to comment anonymously may do
so by submitting their comments via www.regulations.gov, leaving the
fields that would identify the commenter blank and including no
identifying information in the comment itself. Comments submitted via
www.regulations.gov are immediately available for public inspection.
FOR FURTHER INFORMATION CONTACT: Ms. Candace M. J. Goforth, Acting
Director, Office of Defense Trade Controls Policy, Department of State,
telephone (202) 663-2792; email [email protected]. ATTN:
Regulatory Change, USML Category V.
SUPPLEMENTARY INFORMATION: The Directorate of Defense Trade Controls
(DDTC), U.S. Department of State, administers the International Traffic
in Arms Regulations (ITAR) (22 CFR parts 120-130). The items subject to
the jurisdiction of the ITAR, i.e., ``defense articles,'' are
identified on the ITAR's U.S. Munitions List (USML) (22 CFR 121.1).
With few exceptions, items not subject to the export control
jurisdiction of the ITAR are subject to the jurisdiction of the Export
Administration Regulations (``EAR,'' 15 CFR parts 730-774, which
includes the Commerce Control List in Supplement No. 1 to Part 774),
administered by the Bureau of Industry and Security (BIS), U.S.
Department of Commerce. Both the ITAR and the EAR impose license
requirements on exports and reexports. Items not subject to the ITAR or
to the exclusive licensing jurisdiction of any other set of regulations
are subject to the EAR.
Export Control Reform Update
The Departments of State and Commerce described in their respective
Advanced Notices of Proposed Rulemaking (ANPRM) in December 2010 the
Administration's plan to make the USML and the CCL positive, tiered,
and aligned so that eventually they can be combined into a single
control list (see ``Commerce Control List: Revising Descriptions of
Items and Foreign Availability,'' 75 FR 76664 (December 9, 2010) and
``Revision to the United States Munitions List,'' 75 FR 76935 (December
10, 2010)). The notices also called for the establishment of a ``bright
line'' between the USML and the CCL to reduce government and industry
uncertainty regarding export jurisdiction by clarifying whether
particular items are subject to the jurisdiction of the ITAR or the
EAR. While these remain the Administration's ultimate Export Control
Reform objectives, their concurrent implementation would be problematic
in the near term. In order to more quickly reach the national security
objectives of greater interoperability with U.S. allies, enhancing the
defense industrial base, and permitting the U.S. Government to focus
its resources on controlling and monitoring the export and reexport of
more significant items to destinations, end-uses, and end-users of
greater concern than NATO allies and other multi-regime partners, the
Administration has decided, as an interim step, to propose and
implement revisions to both the USML and the CCL that are more
positive, but not yet tiered.
Specifically, based in part on a review of the comments received in
response to the December 2010 notices, the Administration has
determined that fundamentally altering the structure of the USML by
tiering and aligning it on a category-by-category basis would
significantly disrupt the export control compliance systems and
procedures of exporters and reexporters. For example, until the entire
USML was revised and became final, some USML categories would follow
the legacy numbering and control structures while the newly revised
categories would follow a completely different numbering structure. In
order to allow for the national security benefits to flow from re-
aligning the jurisdictional status of defense articles that no longer
warrant control on the USML on a category-by-category basis while
minimizing the impact on exporters' internal control and jurisdictional
and classification marking systems, the Administration plans to proceed
with building positive lists now and afterward return to structural
changes.
Revision of Category V
This proposed rule revises USML Category V, covering explosives and
energetic materials, propellants, incendiary agents, and their
constituents, to establish a clear ``bright line'' between the USML and
the CCL for the control of these articles.
One major change proposed to this category involves removal of
broad catchalls with the listing of specific materials that warrant
ITAR control caught by current catchalls. For example, paragraph
(a)(35) as currently written broadly controls, ``Any other explosive
not elsewhere identified in this category specifically designed,
modified, adapted, or configured (e.g., formulated) for military
application.'' This catchall is being removed. Examples of materials
added because of deletion of catchalls are as follows: tetrazines (BTAT
(Bis(2,2,2-trinitroethyl)-3,6-diaminotetrazine); LAX-112 (3,6-diamino-
1,2,4,5-tetrazine- 1,4dioxide); PNO (Poly(3-nitrato oxetane); 4,5
diazidomethyl-2-methyl-1,2,3-triazole (iso- DAMTR)); TEPB (Tris
(ethoxyphenyl) bismuth) (CAS 90591-48-3); and TEX (4,10-Dinitro-
2,6,8,12-tetraoxa-4,10-diazaisowurtzitane). Those materials currently
captured in the catchalls that do not warrant control on the USML are
to be controlled on the CCL. Examples of such materials to be removed
from various catchalls and controlled on the CCL are spherical aluminum
powder and hydrazine and its derivatives.
Another major change proposed to this category involves addressing
U.S. obligations to multinational regimes. There is a limited catchall
(a)(32) that is being changed from 8700 meters per second to 8000
meters per second to match the criteria from the Nuclear Suppliers
Group. The proposed revision would read as follows (see paragraph
(a)(38)): ``Explosives, not otherwise enumerated in this paragraph or
on the CCL in ECCN 1C608, with a detonation velocity exceeding 8,000m/s
at maximum density or a detonation pressure exceeding 34 Gpa (340
kbar).'' Additional hydrazine materials are specified by the Missile
Technology Control Regime (MTCR) and these entries were added.
Additionally, some materials are to be added that are significant
to the military but have little commercial application. For example,
DNAN (2,4 Dinitroanisole), a military explosive currently covered by
the catchall in
[[Page 25946]]
(a)(35), will be controlled in paragraph (a)(11).
Request for Comments
As the U.S. Government works through the proposed revisions to the
USML, some solutions have been adopted that were determined to be the
best of available options. With the thought that multiple perspectives
would be beneficial to the USML revision process, the Department
welcomes the assistance of users of the lists and requests input on the
following:
(1) A key goal of this rulemaking is to ensure the USML and the CCL
together control all the items that meet Wassenaar Arrangement
commitments embodied in Munitions List Category 8 (WA-ML8). To that
end, the public is asked to identify any potential lack of coverage
brought about by the proposed rules for Category V contained in this
notice and the new Category 1 ECCNs published separately by the
Department of Commerce when reviewed together.
(2) The key goal of this rulemaking is to establish a ``bright
line'' between the USML and the CCL for the control of these materials.
The public is asked to provide specific examples of explosives and
energetic materials whose jurisdiction would be in doubt based on this
revision.
Regulatory Analysis and Notices
Administrative Procedure Act
The Department of State is of the opinion that controlling the
import and export of defense articles and services is a foreign affairs
function of the United States Government and that rules implementing
this function are exempt from Sec. 553 (Rulemaking) and Sec. 554
(Adjudications) of the Administrative Procedure Act. Although the
Department is of the opinion that this rule is exempt from the
rulemaking provisions of the APA, the Department is publishing this
rule with a 45-day provision for public comment and without prejudice
to its determination that controlling the import and export of defense
services is a foreign affairs function. As noted above, and also
without prejudice to the Department position that this rulemaking is
not subject to the APA, the Department previously published a related
Advance Notice of Proposed Rulemaking (RIN 1400-AC78), and accepted
comments for 60 days.
Regulatory Flexibility Act
Since the Department is of the opinion that this rule is exempt
from the rulemaking provisions of 5 U.S.C. 553, it does not require
analysis under the Regulatory Flexibility Act.
Unfunded Mandates Reform Act of 1995
This proposed amendment does not involve a mandate that will result
in the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any
year and it will not significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Small Business Regulatory Enforcement Fairness Act of 1996
This proposed amendment has been found not to be a major rule
within the meaning of the Small Business Regulatory Enforcement
Fairness Act of 1996.
Executive Orders 12372 and 13132
This proposed amendment will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, it is determined that this proposed amendment does not
have sufficient federalism implications to require consultations or
warrant the preparation of a federalism summary impact statement. The
regulations implementing Executive Order 12372 regarding
intergovernmental consultation on Federal programs and activities do
not apply to this proposed amendment.
Executive Order 12866
The Department is of the opinion that controlling the import and
export of defense articles and services is a foreign affairs function
of the United States Government and that rules governing the conduct of
this function are exempt from the requirements of Executive Order
12866. However, the Department has reviewed the proposed rule to ensure
its consistency with the regulatory philosophy and principles set forth
in the Executive Order.
Executive Order 13563
The Department of State has considered this rule in light of
Executive Order 13563, dated January 18, 2011, and affirms that this
regulation is consistent with the guidance therein.
Executive Order 12988
The Department of State has reviewed the proposed amendment in
light of sections 3(a) and 3(b)(2) of Executive Order 12988 to
eliminate ambiguity, minimize litigation, establish clear legal
standards, and reduce burden.
Executive Order 13175
The Department of State has determined that this rulemaking will
not have tribal implications, will not impose substantial direct
compliance costs on Indian tribal governments, and will not preempt
tribal law. Accordingly, Executive Order 13175 does not apply to this
rulemaking.
Paperwork Reduction Act
This proposed amendment does not impose any new reporting or
recordkeeping requirements subject to the Paperwork Reduction Act, 44
U.S.C. Chapter 35.
List of Subjects in 22 CFR Part 121
Arms and munitions, Exports.
Accordingly, for the reasons set forth above, Title 22, Chapter I,
Subchapter M, part 121 is proposed to be amended as follows:
PART 121--THE UNITED STATES MUNITIONS LIST
1. The authority citation for part 121 continues to read as
follows:
Authority: Secs. 2, 38, and 71, Pub. L. 90-629, 90 Stat. 744
(22 U.S.C. 2752, 2778, 2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977
Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105-261, 112 Stat. 1920.
2. Section 121.1 is amended by revising U.S. Munitions List
Category V to read as follows:
Sec. 121.1 General. The United States Munitions List.
* * * * *
Category V--Explosives and Energetic Materials, Propellants, Incendiary
Agents, and Their Constituents
*(a) Explosives, and mixtures thereof, as follows:
(1) ADNBF (aminodinitrobenzofuroxan or 7-Amino 4,6-
dinitrobenzofurazane-1-oxide) (CAS 97096-78-1);
(2) BNCP (cis-bis(5-nitrotetrazolato) tetra amine-cobalt (III)
perchlorate) (CAS 117412-28-9);
(3) CL-14 (diaminodinitrobenzofuroxan or 5,7-diamino-4,6-
dinitrobenzofurazane-1-oxide) (CAS 117907-74-1);
(4) CL-20 (HNIW or Hexanitrohexaazaisowurtzitane) (CAS 135285-90-
4); clathrates of CL-20;
(5) CP (2-(5-cyanotetrazolato) penta aminecobalt (III) perchlorate)
(CAS 70247-32-4);
[[Page 25947]]
(6) DADE (1,1-diamino-2,2-dinitroethylene, FOX-7);
(7) DATB (Diaminotrinitrobenzene) (CAS 1630-08-6);
(8) DDFP (1,4-dinitrodifurazanopiperazine);
(9) DDPO (2,6-diamino-3,5-dinitropyrazine-1-oxide, PZO) (CAS
194486-77-6);
(10) DIPAM (3,3'-Diamino-2,2',4,4',6,6'-hexanitrobiphenyl or
dipicramide) (CAS 17215-44-0);
(11) DNAN (2,4-Dinitroanisole) (CAS 119-27-7);
(12) DNGU (DINGU or dinitroglycoluril) (CAS 55510-04-8);
(13) Furazans, as follows:
(i) DAAOF (DAAF, DAAFox, or diaminoazoxyfurazan);
(ii) DAAzF (diaminoazofurazan) (CAS 78644-90-3);
(iii) ANF (Furazanamine, 4-nitro- or 3-Amino-4-nitrofurazan; or 4-
Nitro-1,2,5-oxadiazol-3-amine; or 4-Nitro-3-furazanamine; CAS 66328-69-
6); or
(iv) ANAzF (Aminonitroazofurazan or 1,2,5-Oxadiazol-3-amine, 4-[2-
(4-nitro-1,2,5-oxadiazol-3-yl) diazenyl]; or 1,2,5-Oxadiazol-3-amine,
4-[(4-nitro-1,2,5-oxadiazol-3-yl)azo]-(9CI); or Furazanamine, 4-
[(nitrofurananyl)azo]-; or 4-[(4-Nitro-1,2,5-oxadiazol-3-yl)azo]-1,2,5-
oxadiazol-3-amine) (CAS 155438-11-2);
(14) GUDN (Guanylurea dinitramide) FOX-12 (CAS 217464-38-5);
(15) HMX and derivatives, as follows:
(i) HMX (Cyclotetramethylenetetranitramine; octahydro-1,3,5,7-
tetranitro-1,3,5,7-tetrazine; 1,3,5,7-tetranitro-1,3,5,7-tetraza-
cyclooctane; octogen, octogene) (CAS 2691-41-0);
(ii) Difluoroaminated analogs of HMX; or
(iii) K-55 (2,4,6,8-tetranitro-2,4,6,8-tetraazabicyclo [3,3,0]-
octanone-3, tetranitrosemiglycouril, or keto-bicyclic HMX) (CAS 130256-
72-3);
(16) HNAD (hexanitroadamantane) (CAS 143850-71-9);
(17) HNS (hexanitrostilbene) (CAS 20062-22-0);
(18) Imidazoles, as follows:
(i) BNNII (Octohydro-2,5-bis(nitroimino) imidazo [4,5-d]imidazole);
(ii) DNI (2,4-dinitroimidazole) (CAS 5213-49-0);
(iii) FDIA (1-fluoro-2,4-dinitroimidazole);
(iv) NTDNIA (N-(2-nitrotriazolo)-2,4-dinitro-imidazole); or
(v) PTIA (1-picryl-2,4,5-trinitroimidazole);
(19) NTNMH (1-(2-nitrotriazolo)-2-dinitromethylene hydrazine);
(20) NTO (ONTA or 3-nitro-1,2,4-triazol-5-one) (CAS 932-64-9);
(21) Polynitrocubanes with more than four nitro groups;
(22) PYX (2,6-Bis(picrylamino)-3,5-dinitropyridine) (CAS 38082-89-
2);
(23) RDX and derivatives, as follows:
(i) RDX (cyclotrimethylenetrinitramine), cyclonite, T4, hexahydro-
1,3,5-trinitro-1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-cyclohexane,
hexogen, or hexogene) (CAS 121-82-4);
(ii) Keto-RDX (K-6 or 2,4,6-trinitro-2,4,6-triazacyclohexanone)
(CAS 115029-35-1); or
(iii) Difluoraminated derivative of RDX; 1,3-Dinitro-5,5-
bis(difluoramino)1,3-diazahexane (CAS No. 193021-34-0);
(24) TAGN (Triaminoguanidinenitrate) (CAS 4000-16-2);
(25) TATB (Triaminotrinitrobenzene) (CAS 3058-38-6);
(26) TEDDZ (3,3,7,7-tetrakis(difluoroamine) octahydro-1,5-dinitro-
1,5-diazocine;
(27) Tetrazines, as follows:
(i) BTAT (Bis(2,2,2-trinitroethyl)-3,6-diaminotetrazine); or
(ii) LAX-112 (3,6-diamino-1,2,4,5-tetrazine-1,4-dioxide);
(28) Tetrazoles, as follows:
(i) NTAT (nitrotriazolaminotetrazole); or
(ii) NTNT (1-N-(2-nitrotriazolo)-4-nitrotetrazole);
(29) Tetryl (trinitrophenylmethylnitramine) (CAS 479-45-8);
(30) TEX (4,10-Dinitro-2,6,8,12-tetraoxa-4,10-diazaisowurtzitane)
(31) TNAD (1,4,5,8-tetranitro-1,4,5,8-tetraazadecalin) (CAS 135877-
16-6);
(32) TNAZ (1,3,3-trinitroazetidine) (CAS 97645-24-4);
(33) TNGU (SORGUYL or tetranitroglycoluril) (CAS 55510-03-7);
(34) TNP (1,4,5,8-tetranitro-pyridazino [4,5-d] pyridazine) (CAS
229176-04-9);
(35) Triazines, as follows:
(i) DNAM (2-oxy-4,6-dinitroamino-s-triazine) (CAS 19899-80-0); or
(ii) NNHT (2-nitroimino-5-nitro-hexahydro-1,3,5 triazine) (CAS
130400-13-4);
(36) Triazoles, as follows:
(i) 5-azido-2-nitrotriazole;
(ii) ADHTDN (4-amino-3,5-dihydrazino-1,2,4-triazole dinitramide)
(CAS 1614-08-0);
(iii) ADNT (1-amino-3,5-dinitro-1,2,4-triazole);
(iv) BDNTA (Bis(dinitrotriazole)amine);
(v) DBT (3,3'-dinitro-5,5-bi-1,2,4-triazole) (CAS 30003-46-4);
(vi) DNBT (dinitrobistriazole) (CAS 70890-46-9);
(vii) NTDNT (1-N-(2-nitrotriazolo) 3,5-dinitro-triazole);
(viii) PDNT (1-picryl-3,5-dinitrotriazole); or
(ix) TACOT (tetranitrobenzotriazolobenzotriazole) (CAS 25243-36-1);
(37) Energetic ionic materials melting between 70 and 100 degrees C
and with detonation velocity exceeding 6800 m/s or detonation pressure
exceeding 18 GPa (180 kbar); or
(38) Explosives, not otherwise enumerated in this paragraph or on
the CCL in ECCN 1C608, with a detonation velocity exceeding 8,000m/s at
maximum density or a detonation pressure exceeding 34 Gpa (340 kbar).
*(b) Propellants, as follows:
(1) Any solid propellant with a theoretical specific impulse (see
paragraph (k)(4) of this category) greater than:
(i) 240 seconds for non-metallized, non-halogenated propellant;
(ii) 250 seconds for non-metallized, halogenated propellant; or
(iii) 260 seconds for metallized propellant;
(2) Propellants having a force constant of more than 1,200 kJ/Kg;
(3) Propellants that can sustain a steady-state burning rate more
than 38mm/s under standard conditions (as measured in the form of an
inhibited single strand) of 6.89 Mpa (68.9 bar) pressure and 294K (21
[deg]C); or
(4) Elastomer-modified cast double-based propellants with
extensibility at maximum stress greater than 5% at 233 K (-40 [deg]C).
(c) Pyrotechnics, fuels and related substances, and mixtures
thereof, as follows:
(1) Alane (aluminum hydride) (CAS 7784-21-6);
(2) Carboranes; decaborane (CAS 17702-41-9); pentaborane and
derivatives thereof;
(3) Liquid high energy density fuels, as follows:
(i) Mixed fuels that incorporate both solid and liquid fuels, such
as boron slurry, having a mass-based energy density of 40 MJ/kg or
greater; or
(ii) Other high energy density fuels and fuel additives (e.g.,
cubane, ionic solutions, JP-7, JP-10) having a volume-based energy
density of 37.5 GJ per cubic meter or greater, measured at 20 [deg]C
and one atmosphere (101.325 kPa) pressure;
Note to paragraph (c)(3)(ii): JP-4, JP-8, fossil refined fuels
or biofuels, or fuels for engines certified for use in civil
aviation are not included.
(4) Metal fuels, and fuel or pyrotechnic mixtures in particle form
whether spherical, atomized, spheroidal, flaked, or ground,
[[Page 25948]]
manufactured from material consisting of 99% or more of any of the
following:
(i) Metals, and mixtures thereof, as follows:
(A) Beryllium (CAS 7440-41-7) in particle sizes of less than 60
micrometers; or
(B) Iron powder (CAS 7439-89-6) with particle size of 3 micrometers
or less produced by reduction of iron oxide with hydrogen;
(ii) Fuel mixtures or pyrotechnic mixtures, which contain any of
the following:
(A) Boron (CAS 7440-42-8) or boron carbide (CAS 12069-32-8) fuels
of 85% purity or higher and particle sizes of less than 60 micrometers;
or
(B) Zirconium (CAS 7440-67-7), magnesium (CAS 7439-95-4), or alloys
of these in particle sizes of less than 60 micrometers;
(iii) Explosives and fuels containing the metals or alloys listed
in paragraphs (c)(4)(i) and (c)(4)(ii) of this category whether or not
the metals or alloys are encapsulated in aluminum, magnesium,
zirconium, or beryllium;
(5) Fuel, pyrotechnic, or energetic mixtures having any nanosized
aluminum, beryllium, boron, zirconium, magnesium, or titanium as
follows:
(i) Having particle size less than 200 nm in any direction; and
(ii) Having 60% or higher purity;
(6) Pyrotechnic and pyrophoric materials, as follows:
(i) Pyrotechnic or pyrophoric materials specifically formulated to
enhance or control the production of radiated energy in any part of the
IR spectrum; or
(ii) Mixtures of magnesium, polytetrafluoroethylene and the
copolymer vinylidene difluoride and hexafluoropropylene (MTV);
(7) Titanium subhydride (TiHn) of stoichiometry equivalent to n =
0.65-1.68; or
(8) Hydrocarbon fuels specially formulated for use in flame
throwers or incendiary munitions containing metal stearates (e.g.,
octal) or palmitates, and M1, M2, and M3 thickeners.
(d) Oxidizers, as follows:
(1) ADN (ammonium dinitramide or SR-12) (CAS 140456-78-6);
(2) AP (ammonium perchlorate) (CAS 7790-98-9);
(3) BDNPN (bis(2,2-dinitropropyl)nitrate) (CAS 28464-24-6);
(4) DNAD (1,3-dinitro-1,3-diazetidine) (CAS 78246-06-7);
(5) HAN (Hydroxylammonium nitrate) (CAS 13465-08-2);
(6) HAP (hydroxylammonium perchlorate) (CAS 15588-62-2);
(7) HNF (Hydrazinium nitroformate) (CAS 20773-28-8);
(8) Hydrazine nitrate (CAS 37836-27-4);
(9) Hydrazine perchlorate (CAS 27978-54-7);
(10) Liquid oxidizers comprised of or containing inhibited red
fuming nitric acid (IRFNA) (CAS 8007-58-7) or oxygen difluoride; or
(11) Perchlorates, chlorates, and chromates composited with
powdered metal or other high energy fuel components controlled by this
category.
*(e) Binders, and mixtures thereof, as follows:
(1) AMMO (azidomethylmethyloxetane and its polymers) (CAS 90683-29-
7);
(2) BAMO (bis(azidomethyl)oxetane and its polymers) (CAS 17607-20-
4);
(3) BTTN (butanetriol trinitrate) (CAS 6659-60-5);
(4) FAMAO (3-difluoroaminomethyl-3-azidomethyloxetane) and its
polymers;
(5) FEFO (bis(2-fluoro-2,2-dinitroethyl)formal) (CAS 17003-79-1);
(6) GAP (glycidyl azide polymer) (CAS 143178-24-9) and its
derivatives;
(7) HTPB (hydroxyl-terminated polybutadiene) with a hydroxyl
functionality equal to or greater than 2.2 and less than or equal to
2.4, a hydroxyl value of less than 0.77 meq/g, and a viscosity at 30
[deg]C of less than 47 poise (CAS 69102-90-5);
(8) 4,5 diazidomethyl-2-methyl-1,2,3-triazole (iso- DAMTR);
(9) NENAS (nitratoethylnitramine compounds) as follows:
(i) N-Methyl 2-nitratoethylnitramine (Methyl-NENA) (CAS 17096-47-
8);
(ii) N-Ethyl 2-nitratoethylnitramine (Ethyl-NENA) (CAS 85068-73-1);
(iii) N-Propyl 2-nitratoethylnitramine (CAS 82486-83-7);
(iv) N-Butyl-2-nitratoethylnitramine (BuNENA) (CAS 82486-82-6); or
(v) N-Pentyl 2-nitratoethylnitramine (CAS 85954-06-9);
(10) Poly-NIMMO (poly nitratomethylmethyoxetane, poly-NMMO,
(poly[3-nitratomethyl-3-methyl oxetane]) (CAS 84051-81-0);
(11) PNO (Poly(3-nitratooxetane));
(12) TVOPA 1,2,3-Tris [1,2-bis(difluoroamino)ethoxy]propane; tris
vinoxy propane adduct (CAS 53159-39-0);
(13) Polynitrorthocarbonates;
(14) FPF-1 (poly-2,2,3,3,4,4-hexafluoro pentane-1,5-diolformal)
(CAS 376-90-9);
(15) FPF-3 (poly-2,4,4,5,5,6,6-heptafluoro-2-trifluoromethyl-3-
oxaheptane-1,7-diolformal);
(16) PGN (Polyglycidyl nitrate or poly(nitratomethyloxirane); poly-
GLYN); (CAS 27814-48-8);
(17) N-methyl-p-nitroaniline;
(18) Low (less than 10,000) molecular weight, alcohol-
functionalized, poly(epichlorohydrin); poly(epichlorohydrindiol); and
triol;
(19) Dinitropropyl based plasticizers, as follows:
(i) BDNPA (bis (2,2-dinitropropyl) acetal) (CAS 5108-69-0); or
(ii) BDNPF (bis (2,2-dinitropropyl) formal) (CAS 5917-61-3).
(f) Additives, as follows:
(1) Basic copper salicylate (CAS 62320-94-9);
(2) BHEGA (Bis-(2-hydroxyethyl)glycolamide) (CAS 17409-41-5);
(3) BNO (Butadienenitrile oxide);
(4) Ferrocene derivatives, as follows:
(i) Butacene (CAS 125856-62-4);
(ii) Catocene (2,2-Bis-ethylferrocenylpropane) (CAS 37206-42-1);
(iii) Ferrocene carboxylic acids and ferrocene carboxylic acid
esters;
(iv) n-butylferrocene (CAS 31904-29-7);
(v) Ethylferrocene (CAS 1273-89-8);
(vi) Propylferrocene;
(vii) Pentylferrocene (CAS 1274-00-6);
(viii) Dicyclopentylferrocene;
(ix) Dicyclohexylferrocene;
(x) Diethylferrocene (CAS 173-97-8);
(xi) Dipropylferrocene;
(xii) Dibutylferrocene (CAS 1274-08-4);
(xiii) Dihexylferrocene (CAS 93894-59-8);
(xiv) Acetylferrocene (CAS 1271-55-2)/1,1'-diacetyl ferrocene (CAS
1273-94-5); or
(xv) Other ferrocene derivatives that do not contain a six carbon
aromatic functional group attached to the ferrocene molecule;
(5) Lead beta-resorcylate (CAS 20936-32-7);
(6) Lead citrate (CAS 14450-60-3);
(7) Lead-copper chelates of beta-resorcylate or salicylates (CAS
68411-07-4);
(8) Lead maleate (CAS 19136-34-6);
(9) Lead salicylate (CAS 15748-73-9);
(10) Lead stannate (CAS 12036-31-6);
(11) MAPO (tris-1-(2-methyl) aziridinylphosphine oxide) (CAS 57-39-
6); BOBBA-8 (bis(2-methyl aziridinyl)-2-(2-hydroxypropanoxy)
propylamino phosphine oxide); and other MAPO derivatives;
(12) Methyl BAPO (Bis(2-methyl aziridinyl)methylaminophosphine
oxide) (CAS 85068-72-0);
(13) 3-Nitraza-1,5-pentane diisocyanate (CAS 7406-61-9);
(14) Organo-metallic coupling agents, as follows:
(i) Neopentyl[diallyl]oxy, tri [dioctyl] phosphatotitanate (CAS
103850-22-2);
[[Page 25949]]
also known as titanium IV, 2,2[bis 2-propenolato-methyl, butanolato,
tris (dioctyl) phosphato] (CAS 110438-25-0), or LICA 12 (CAS 103850-22-
2);
(ii) Titanium IV, [(2-propenolato-1) methyl, n-propanolatomethyl]
butanolato-1, tris(dioctyl)pyrophosphate, or KR3538; or
(iii) Titanium IV, [(2-propenolato-1)methyl, propanolatomethyl]
butanolato-1, tris(dioctyl) phosphate;
(15) PCDE (Polycyanodifluoroaminoethylene oxide);
(16) Certain bonding agents, as follows:
(i) 1,1R,1S-trimesoyl-tris(2-ethylaziridine) (HX-868, BITA) (CAS
7722-73-8); or
(ii) Polyfunctional aziridine amides with isophthalic, trimesic,
isocyanuric, or trimethyladipic backbone also having a 2-methyl or 2-
ethyl aziridine group;
Note to paragraph (f)(16)(ii): Included are 1) 1,1H-Isophthaloyl-
bis(2-methylaziridine) (HX-752) (CAS 7652-64-4); 2) 2,4,6-tris(2-ethyl-
1-aziridinyl)-1,3,5-triazine (HX-874) (CAS 18924-91-9); and 3) 1,1'-
trimethyladipoylbis(2-ethylaziridine) (HX-877) (CAS 71463-62-2).
(17) Superfine iron oxide (Fe2O3, hematite)
with a specific surface area more than 250 m\2\/g and an average
particle size of 0.003 micrometers or less (CAS 1309-37-1);
(18) TEPAN (HX-879) (tetraethylenepentaamineacrylonitrile) (CAS
68412-45-3); cyanoethylated polyamines and their salts;
(19) TEPANOL (HX-878)
(tetraethylenepentaamineacrylonitrileglycidol) (CAS 110445-33-5);
cyanoethylated polyamines adducted with glycidol and their salts;
(20) TPB (triphenyl bismuth) (CAS 603-33-8); or
(21) Tris (ethoxyphenyl) bismuth (TEPB) (CAS 90591-48-3).
(g) Precursors, as follows:
(1) BCMO (bischloromethyloxetane) (CAS 142173-26-0);
(2) DADN (1,5-diacetyl-3,7-dinitro-1, 3, 5, 7-tetraazacyclooctane;
(3) Dinitroazetidine-t-butyl salt (CAS 125735-38-8);
(4) CL-20 precursors (any molecule containing hexaazaisowurtzitane)
(e.g., HBIW (hexabenzylhexaazaisowurtzitane), TAIW
(tetraacetyldibenzylhexa-azaisowurtzitane));
(5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5, 7-tetraazacyclooctane)
(CAS 41378-98-7);
(6) Tetraazadecalin (CAS 5409-42-7);
(7) 1,3,5-trichlorobenzene (CAS 108-70-3); or
(8) 1,2,4-trihydroxybutane (1,2,4-butanetriol) (CAS 3068-00-6).
(h) Any explosive, propellant, pyrotechnic, fuel, oxidizer, binder,
additive, or precursor that:
(1) is classified;
(2) is manufactured using classified production data; or
(3) is being developed using classified information.
``Classified'' means classified pursuant to Executive Order 13526,
or predecessor order, and a security classification guide developed
pursuant thereto or equivalent, or to the corresponding classification
rules of another government.
(i) Developmental explosives, propellants, pyrotechnics, fuels,
oxidizers, binders, additives, or precursors therefor developed under a
contract with the U.S. Government not otherwise controlled under this
category.
(j) Technical data (as defined in Sec. 120.10 of this subchapter)
and defense services (as defined in Sec. 120.9 of this subchapter)
directly related to the defense articles numerated in paragraphs (a)
through (i) of this category (see also Sec. 123.20 of this
subchapter).
(k) The following interpretations explain and amplify the terms
used in this category and elsewhere in this subchapter:
(1) Category V contains explosives, energetic materials,
propellants, and pyrotechnics and specially formulated fuels for
aircraft, missile, and naval applications. Explosives are solid,
liquid, or gaseous substances or mixtures of substances, which, in
their primary, booster, or main charges in warheads, demolition, or
other military applications, are required to detonate.
(2) The resulting product of the combination or conversion of any
substance controlled by this category into an item not controlled will
no longer be controlled by this category provided the controlled item
cannot easily be recovered through dissolution, melting, sieving, etc.
As an example, beryllium converted to a near net shape using hot
isostatic processes will result in an uncontrolled part. A cured
thermoset containing beryllium powder is not controlled unless meeting
an explosive or propellant control. The mixture of beryllium powder in
a cured thermoset shape is not controlled by this category. The mixture
of controlled beryllium powder mixed with a typical propellant binder
will remain controlled by this category. The addition of dry silica
powder to dry beryllium powder will remain controlled.
(3) Paragraph (c)(4)(ii)(A) of this category does not control boron
and boron carbide enriched with boron-10 (20% or more of total boron-10
content).
(4) Theoretical specific impulse (Isp) is calculated using standard
conditions (1000 psi chamber pressure expanded to 14.7 psi) and
measured in units of pound-force-seconds per pound-mass (lbf-s/lbm) or
simplified to seconds (s). Calculations will be based on shifting
equilibrium.
(5) Particle size is the mean particle diameter on a weight basis.
Best industrial practices will be used in determining particle size and
the controls may not be undermined by addition of larger or smaller
sized material to shift the mean diameter.
Note 1: To assist the exporter, an item has been categorized by
the most common use. Also, where appropriate, references have been
provided to the related controlled precursors.
Note 2: Chemical Abstract Service (CAS) registry numbers do not
cover all the substances and mixtures controlled by this category.
The numbers are provided as examples to assist government agencies
in the license review process and exporters when completing their
license application and export documentation.
* * * * *
Dated: April 24, 2012.
Rose E. Gottemoeller,
Acting Under Secretary, Arms Control and International Security,
Department of State.
[FR Doc. 2012-10455 Filed 5-1-12; 8:45 am]
BILLING CODE 4710-25-P