Proposed Rules Directorate of Defense Trade Controls US

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					                                                  25944                        Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules

                                                          Control(s)                   Country chart              License Requirements                                  Related Controls: (1) Technical data directly
                                                                                                                  Reason for Control: MT, NP, AT                           related to articles enumerated in USML
                                                    *          *               *          *              *                                                                 Categories III, IV, or V are subject to the
                                                  NP applies to ‘‘tech-            NP Column 1                           Control(s)                Country chart           controls of those USML Categories,
                                                   nology’’ for items                                                                                                      respectively. (2) ‘‘Technology’’ for chlorine
                                                   controlled by                                                  MT applies to entire         MT Column 1                 trifluoride is controlled under ECCNs
                                                   1A002, 1A007,                                                    entry.                                                 1E001 (‘‘development’’ and ‘‘production’’)
                                                   1B001, 1B101,                                                  NP applies to ‘‘tech-        NP Column 1                 and 1E101 (‘‘use’’).
                                                   1B201, 1B225 to                                                  nology’’ for items                                  Related Definitions: N/A
                                                   1B233, 1C002,                                                    controlled by                                       Items:
                                                   1C010, 1C111,                                                    1B001, 1B101,                                          a. ‘‘Technology’’ ‘‘required’’ for the
                                                   1C116, 1C202,                                                    1C111, 1C116,                                       ‘‘development,’’ ‘‘production,’’ operation,
                                                   1C210, 1C216,                                                    1D001, or 1D101                                     installation, maintenance, repair, overhaul,
                                                   1C225 to 1C237,                                                  for NP reasons.                                     or refurbishing of material controlled by
                                                   1C239, or 1C240                                                AT applies to entire         AT Column 1              ECCN 1B608 or 1C608.
                                                   for NP reasons.                                                  entry.                                                 b. ‘‘Technology’’ for the ‘‘development’’ or
                                                                                                                                                                        ‘‘production’’ of nitrocellulose with nitrogen
                                                      *            *           *            *            *        *      *    *    *     *                              content over 12.6% and at rates greater than
                                                                                                                     14. In Supplement No. 1 to part 774                2000 pounds per hour.
                                                  License Requirements Note: * * *                                (the Commerce Control List), Category                    c. ‘‘Technology’’ for the ‘‘development’’ or
                                                  License Exceptions                                              1—Special Materials and Related                       ‘‘production’’ of nitrate esters (e.g.,
                                                  *       *     *          *       *                              Equipment, Chemicals,                                 nitroglycerine) at rates greater than 2000
                                                                                                                  ‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN              pounds per hour.
                                                  List of Items Controlled                                        1E201 is amended by revising the ECCN                    d. through x. [RESERVED]
                                                  Unit: * * *                                                     heading to read as follows:                              y. Specific ‘‘technology’’ ‘‘required’’ for the
                                                  Related Controls: (1) Also see ECCNs 1E101,                                                                           ‘‘development,’’ ‘‘production,’’ operation,
                                                     1E201, and 1E202. (2) See ECCN 1E608 for                     1E201 ‘‘Technology’’ according to the                 installation, maintenance, repair, overhaul or
                                                     ‘‘technology’’ for items classified under                       General Technology Note for the ‘‘use’’            refurbishing of commodities controlled by
                                                     ECCN 1B608 or 1C608 that, immediately                           of items controlled by 1A002, 1A007,               ECCN 1B608.y or ‘‘software’’ controlled by
                                                     prior to [effective date of final rule], were                   1A202, 1A225 to 1A227, 1B201, 1B225                ECCN 1D608.y, as follows:
                                                     classified under 1B018.a or 1C018.b                             to 1B232, 1B233.b, 1C002.b.3 and b.4,                 y.1 through y.98. [RESERVED]
                                                     through .m (note that ECCN 1E001 controls                       1C010.a, 1C010.b, 1C010.e.1, 1C202,                   y.99. ‘‘Technology’’ not identified on the
                                                     ‘‘development’’ and ‘‘production’’                              1C210, 1C216, 1C225 to 1C237, 1C239,               CCL that (i) has been determined, in an
                                                     ‘‘technology’’ for chlorine trifluoride                         1C240 or 1D201.                                    applicable commodity jurisdiction
                                                     controlled by ECCN 1C111.a.3.f—see ECCN                      *      *    *    *    *                               determination issued by the U.S. Department
                                                     1E101 for controls on ‘‘use’’ ‘‘technology’’                    15. In Supplement No. 1 to part 774                of State, to be subject to the EAR and (ii)
                                                     for chlorine trifluoride). (3) See ECCN                      (the Commerce Control List), Category                 would otherwise be controlled elsewhere in
                                                     1E002.g for control libraries (parametric                    1—Special Materials and Related                       ECCN 1E608.
                                                     technical databases) specially designed or                   Equipment, Chemicals,                                   Dated: April 13, 2012.
                                                     modified to enable equipment to perform
                                                                                                                  ‘‘Microorganisms,’’ and ‘‘Toxins,’’ add a             Kevin J. Wolf,
                                                     the functions of equipment controlled
                                                     under 1A004.c (Nuclear, biological and                       new ECCN 1E608 between ECCNs                          Assistant Secretary for Export
                                                     chemical (NBC) detection systems) or                         1E355 and 1E994 to read as follows:                   Administration.
                                                     1A004.d (Equipment for detecting or                          1E608 ‘‘Technology’’ ‘‘required’’ for the             [FR Doc. 2012–10456 Filed 5–1–12; 8:45 am]
                                                     identifying explosives residues). (4)                           ‘‘development,’’ ‘‘production,’’                   BILLING CODE 3510–33–P
                                                     ‘‘Technology’’ for lithium isotope                              operation, installation, maintenance,
                                                     separation (see related ECCN 1B233) and                         repair, overhaul or refurbishing of
                                                     ‘‘technology’’ for items described in ECCN                      equipment controlled in 1B608 or
                                                     1C012 are subject to the export licensing                       materials controlled by 1C608.                     DEPARTMENT OF STATE
                                                     authority of the Nuclear Regulatory
                                                     Commission (see 10 CFR part 110). (5)                        License Requirements
                                                                                                                                                                        22 CFR Part 121
                                                     ‘‘Technology’’ for items described in ECCN                   Reason for Control: NS, RS, MT, AT
                                                     1A102 is subject to the export licensing                                                                           RIN 1400–AD02
                                                     authority of the U.S. Department of State,                          Control(s)                Country chart
                                                     Directorate of Defense Trade Controls (see                                                                         [Public Notice 7861]
                                                     22 CFR part 121).                                            NS applies to entire         NS Column 1
                                                  Related Definitions: * * *                                        entry, except                                       Amendment to the International Traffic
                                                  Items: * * *                                                      1E608.y.
                                                                                                                  RS applies to entire         RS Column 1
                                                                                                                                                                        in Arms Regulations: Revision of U.S.
                                                     13. In Supplement No. 1 to part 774                            entry, except                                       Munitions List Category V.
                                                  (the Commerce Control List), Category                             1E608.y.
                                                  1—Special Materials and Related                                                                                       AGENCY:    Department of State.
                                                                                                                  MT applies to tech-          MT Column 1
                                                  Equipment, Chemicals,                                             nology ‘‘required’’                                 ACTION:   Proposed rule.
                                                  ‘‘Microorganisms,’’ and ‘‘Toxins,’’ ECCN                          for 1C608.m.
                                                  1E101 is amended by revising the ECCN                           AT applies to entire         AT Column 1              SUMMARY:   As part of the President’s
                                                  heading and by revising the License                               entry.                                              Export Control Reform effort, the
                                                                                                                                                                        Department of State proposes to amend
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                                                  Requirements section to read as follows:                        License Exceptions
                                                                                                                                                                        the International Traffic in Arms
                                                  1E101 ‘‘Technology’’, in accordance with                        CIV: N/A                                              Regulations (ITAR) to revise Category V
                                                     the General Technology Note, for the                         TSR: N/A                                              (explosives and energetic materials,
                                                     ‘‘use’’ of commodities and software                          STA: Paragraph (c)(2) of License Exception
                                                     controlled by 1A101, 1A102, 1B001,
                                                                                                                                                                        propellants, incendiary agents, and their
                                                                                                                    STA (§ 740.20(c)(2)) of the EAR may not be
                                                     1B101, 1B102, 1B115 to 1B119, 1C001,                           used for any item in 1E608.                         constituents) of the U.S. Munitions List
                                                     1C007, 1C011, 1C101, 1C107, 1C111,                                                                                 (USML) to describe more precisely the
                                                     1C116, 1C117, 1C118, 1D001, 1D101, or                        List of Items Controlled                              articles warranting control on the
                                                     1D103.                                                       Unit: $ value                                         USML.

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                                                                          Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules                                             25945

                                                  DATES:  The Department of State will                    other set of regulations are subject to the           marking systems, the Administration
                                                  accept comments on this proposed rule                   EAR.                                                  plans to proceed with building positive
                                                  until June 18, 2012.                                                                                          lists now and afterward return to
                                                                                                          Export Control Reform Update
                                                  ADDRESSES: Interested parties may                                                                             structural changes.
                                                  submit comments within 45 days of the                      The Departments of State and
                                                                                                          Commerce described in their respective                Revision of Category V
                                                  date of publication by one of the
                                                  following methods:                                      Advanced Notices of Proposed                             This proposed rule revises USML
                                                     • Email:                                             Rulemaking (ANPRM) in December                        Category V, covering explosives and
                                         with the                     2010 the Administration’s plan to make                energetic materials, propellants,
                                                  subject line, ‘‘ITAR Amendment—                         the USML and the CCL positive, tiered,                incendiary agents, and their
                                                  Category V.’’                                           and aligned so that eventually they can               constituents, to establish a clear ‘‘bright
                                                     • Internet: At,                  be combined into a single control list                line’’ between the USML and the CCL
                                                  search for this notice by using this rule’s             (see ‘‘Commerce Control List: Revising                for the control of these articles.
                                                  RIN (1400–AD02).                                        Descriptions of Items and Foreign                        One major change proposed to this
                                                     Comments received after that date                    Availability,’’ 75 FR 76664 (December 9,              category involves removal of broad
                                                  will be considered if feasible, but                     2010) and ‘‘Revision to the United                    catchalls with the listing of specific
                                                  consideration cannot be assured. Those                  States Munitions List,’’ 75 FR 76935                  materials that warrant ITAR control
                                                  submitting comments should not                          (December 10, 2010)). The notices also                caught by current catchalls. For
                                                  include any personally identifying                      called for the establishment of a ‘‘bright            example, paragraph (a)(35) as currently
                                                  information they do not desire to be                    line’’ between the USML and the CCL to                written broadly controls, ‘‘Any other
                                                  made public or information for which a                  reduce government and industry                        explosive not elsewhere identified in
                                                  claim of confidentiality is asserted                    uncertainty regarding export                          this category specifically designed,
                                                  because those comments and/or                           jurisdiction by clarifying whether                    modified, adapted, or configured (e.g.,
                                                  transmittal emails will be made                         particular items are subject to the                   formulated) for military application.’’
                                                  available for public inspection and                     jurisdiction of the ITAR or the EAR.                  This catchall is being removed.
                                                  copying after the close of the comment                  While these remain the                                Examples of materials added because of
                                                  period via the Directorate of Defense                   Administration’s ultimate Export                      deletion of catchalls are as follows:
                                                  Trade Controls Web site at                              Control Reform objectives, their                      tetrazines (BTAT (Bis(2,2,2-
                                         Parties who                       concurrent implementation would be                    trinitroethyl)-3,6-diaminotetrazine);
                                                                                                          problematic in the near term. In order to             LAX–112 (3,6-diamino- 1,2,4,5-
                                                  wish to comment anonymously may do
                                                                                                          more quickly reach the national security              tetrazine- 1,4dioxide); PNO (Poly(3-
                                                  so by submitting their comments via
                                                                                                          objectives of greater interoperability                nitrato oxetane); 4,5 diazidomethyl-2-
                                        , leaving the fields
                                                                                                          with U.S. allies, enhancing the defense               methyl-1,2,3-triazole (iso- DAMTR));
                                                  that would identify the commenter
                                                                                                          industrial base, and permitting the U.S.              TEPB (Tris (ethoxyphenyl) bismuth)
                                                  blank and including no identifying
                                                                                                          Government to focus its resources on                  (CAS 90591–48–3); and TEX (4,10-
                                                  information in the comment itself.
                                                                                                          controlling and monitoring the export                 Dinitro-2,6,8,12-tetraoxa-4,10-
                                                  Comments submitted via
                                                                                                          and reexport of more significant items to             diazaisowurtzitane). Those materials
                                         are immediately
                                                                                                          destinations, end-uses, and end-users of              currently captured in the catchalls that
                                                  available for public inspection.
                                                                                                          greater concern than NATO allies and                  do not warrant control on the USML are
                                                  FOR FURTHER INFORMATION CONTACT: Ms.                                                                          to be controlled on the CCL. Examples
                                                                                                          other multi-regime partners, the
                                                  Candace M. J. Goforth, Acting Director,                 Administration has decided, as an                     of such materials to be removed from
                                                  Office of Defense Trade Controls Policy,                interim step, to propose and implement                various catchalls and controlled on the
                                                  Department of State, telephone (202)                    revisions to both the USML and the CCL                CCL are spherical aluminum powder
                                                  663–2792; email                                         that are more positive, but not yet                   and hydrazine and its derivatives.
                                         ATTN:                       tiered.                                                  Another major change proposed to
                                                  Regulatory Change, USML Category V.                        Specifically, based in part on a review            this category involves addressing U.S.
                                                  SUPPLEMENTARY INFORMATION: The                          of the comments received in response to               obligations to multinational regimes.
                                                  Directorate of Defense Trade Controls                   the December 2010 notices, the                        There is a limited catchall (a)(32) that is
                                                  (DDTC), U.S. Department of State,                       Administration has determined that                    being changed from 8700 meters per
                                                  administers the International Traffic in                fundamentally altering the structure of               second to 8000 meters per second to
                                                  Arms Regulations (ITAR) (22 CFR parts                   the USML by tiering and aligning it on                match the criteria from the Nuclear
                                                  120–130). The items subject to the                      a category-by-category basis would                    Suppliers Group. The proposed revision
                                                  jurisdiction of the ITAR, i.e., ‘‘defense               significantly disrupt the export control              would read as follows (see paragraph
                                                  articles,’’ are identified on the ITAR’s                compliance systems and procedures of                  (a)(38)): ‘‘Explosives, not otherwise
                                                  U.S. Munitions List (USML) (22 CFR                      exporters and reexporters. For example,               enumerated in this paragraph or on the
                                                  121.1). With few exceptions, items not                  until the entire USML was revised and                 CCL in ECCN 1C608, with a detonation
                                                  subject to the export control jurisdiction              became final, some USML categories                    velocity exceeding 8,000m/s at
                                                  of the ITAR are subject to the                          would follow the legacy numbering and                 maximum density or a detonation
                                                  jurisdiction of the Export                              control structures while the newly                    pressure exceeding 34 Gpa (340 kbar).’’
                                                  Administration Regulations (‘‘EAR,’’ 15                 revised categories would follow a                     Additional hydrazine materials are
                                                  CFR parts 730–774, which includes the                   completely different numbering
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                                                                                                                                                                specified by the Missile Technology
                                                  Commerce Control List in Supplement                     structure. In order to allow for the                  Control Regime (MTCR) and these
                                                  No. 1 to Part 774), administered by the                 national security benefits to flow from               entries were added.
                                                  Bureau of Industry and Security (BIS),                  re-aligning the jurisdictional status of                 Additionally, some materials are to be
                                                  U.S. Department of Commerce. Both the                   defense articles that no longer warrant               added that are significant to the military
                                                  ITAR and the EAR impose license                         control on the USML on a category-by-                 but have little commercial application.
                                                  requirements on exports and reexports.                  category basis while minimizing the                   For example, DNAN (2,4
                                                  Items not subject to the ITAR or to the                 impact on exporters’ internal control                 Dinitroanisole), a military explosive
                                                  exclusive licensing jurisdiction of any                 and jurisdictional and classification                 currently covered by the catchall in

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                                                  25946                   Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules

                                                  (a)(35), will be controlled in paragraph                it does not require analysis under the                sections 3(a) and 3(b)(2) of Executive
                                                  (a)(11).                                                Regulatory Flexibility Act.                           Order 12988 to eliminate ambiguity,
                                                                                                                                                                minimize litigation, establish clear legal
                                                  Request for Comments                                    Unfunded Mandates Reform Act of 1995
                                                                                                                                                                standards, and reduce burden.
                                                     As the U.S. Government works                           This proposed amendment does not
                                                  through the proposed revisions to the                   involve a mandate that will result in the             Executive Order 13175
                                                  USML, some solutions have been                          expenditure by State, local, and tribal                 The Department of State has
                                                  adopted that were determined to be the                  governments, in the aggregate, or by the              determined that this rulemaking will
                                                  best of available options. With the                     private sector, of $100 million or more               not have tribal implications, will not
                                                  thought that multiple perspectives                      in any year and it will not significantly             impose substantial direct compliance
                                                  would be beneficial to the USML                         or uniquely affect small governments.                 costs on Indian tribal governments, and
                                                  revision process, the Department                        Therefore, no actions were deemed                     will not preempt tribal law.
                                                  welcomes the assistance of users of the                 necessary under the provisions of the                 Accordingly, Executive Order 13175
                                                  lists and requests input on the                         Unfunded Mandates Reform Act of                       does not apply to this rulemaking.
                                                  following:                                              1995.
                                                                                                                                                                Paperwork Reduction Act
                                                     (1) A key goal of this rulemaking is to
                                                                                                          Small Business Regulatory Enforcement                   This proposed amendment does not
                                                  ensure the USML and the CCL together
                                                                                                          Fairness Act of 1996                                  impose any new reporting or
                                                  control all the items that meet
                                                  Wassenaar Arrangement commitments                         This proposed amendment has been                    recordkeeping requirements subject to
                                                  embodied in Munitions List Category 8                   found not to be a major rule within the               the Paperwork Reduction Act, 44 U.S.C.
                                                  (WA–ML8). To that end, the public is                    meaning of the Small Business                         Chapter 35.
                                                  asked to identify any potential lack of                 Regulatory Enforcement Fairness Act of
                                                                                                          1996.                                                 List of Subjects in 22 CFR Part 121
                                                  coverage brought about by the proposed
                                                  rules for Category V contained in this                                                                          Arms and munitions, Exports.
                                                                                                          Executive Orders 12372 and 13132
                                                  notice and the new Category 1 ECCNs                                                                             Accordingly, for the reasons set forth
                                                  published separately by the Department                     This proposed amendment will not                   above, Title 22, Chapter I, Subchapter
                                                  of Commerce when reviewed together.                     have substantial direct effects on the                M, part 121 is proposed to be amended
                                                     (2) The key goal of this rulemaking is               States, on the relationship between the               as follows:
                                                  to establish a ‘‘bright line’’ between the              national government and the States, or
                                                  USML and the CCL for the control of                     on the distribution of power and                      PART 121—THE UNITED STATES
                                                  these materials. The public is asked to                 responsibilities among the various                    MUNITIONS LIST
                                                  provide specific examples of explosives                 levels of government. Therefore, in
                                                                                                          accordance with Executive Order 13132,                  1. The authority citation for part 121
                                                  and energetic materials whose                                                                                 continues to read as follows:
                                                  jurisdiction would be in doubt based on                 it is determined that this proposed
                                                  this revision.                                          amendment does not have sufficient                      Authority: Secs. 2, 38, and 71, Pub. L. 90–
                                                                                                          federalism implications to require                    629, 90 Stat. 744 (22 U.S.C. 2752, 2778,
                                                  Regulatory Analysis and Notices                         consultations or warrant the preparation              2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977
                                                                                                          of a federalism summary impact                        Comp. p. 79; 22 U.S.C. 2651a; Pub. L. 105–
                                                  Administrative Procedure Act                                                                                  261, 112 Stat. 1920.
                                                                                                          statement. The regulations
                                                     The Department of State is of the                    implementing Executive Order 12372                      2. Section 121.1 is amended by
                                                  opinion that controlling the import and                 regarding intergovernmental                           revising U.S. Munitions List Category V
                                                  export of defense articles and services is              consultation on Federal programs and                  to read as follows:
                                                  a foreign affairs function of the United                activities do not apply to this proposed
                                                  States Government and that rules                        amendment.                                            § 121.1 General. The United States
                                                  implementing this function are exempt                                                                         Munitions List.
                                                  from § 553 (Rulemaking) and § 554                       Executive Order 12866                                 *        *       *    *   *
                                                  (Adjudications) of the Administrative                      The Department is of the opinion that              Category V—Explosives and Energetic
                                                  Procedure Act. Although the                             controlling the import and export of                  Materials, Propellants, Incendiary
                                                  Department is of the opinion that this                  defense articles and services is a foreign            Agents, and Their Constituents
                                                  rule is exempt from the rulemaking                      affairs function of the United States
                                                  provisions of the APA, the Department                   Government and that rules governing                      *(a) Explosives, and mixtures thereof,
                                                  is publishing this rule with a 45-day                   the conduct of this function are exempt               as follows:
                                                  provision for public comment and                        from the requirements of Executive                       (1) ADNBF
                                                  without prejudice to its determination                  Order 12866. However, the Department                  (aminodinitrobenzofuroxan or 7-Amino
                                                  that controlling the import and export of               has reviewed the proposed rule to                     4,6-dinitrobenzofurazane-1-oxide) (CAS
                                                  defense services is a foreign affairs                   ensure its consistency with the                       97096–78–1);
                                                  function. As noted above, and also                      regulatory philosophy and principles set                 (2) BNCP (cis-bis(5-nitrotetrazolato)
                                                  without prejudice to the Department                     forth in the Executive Order.                         tetra amine-cobalt (III) perchlorate)
                                                  position that this rulemaking is not                                                                          (CAS 117412–28–9);
                                                  subject to the APA, the Department                      Executive Order 13563                                    (3) CL–14
                                                                                                                                                                (diaminodinitrobenzofuroxan or 5,7-
emcdonald on DSK29S0YB1PROD with PROPOSALS

                                                  previously published a related Advance                     The Department of State has
                                                  Notice of Proposed Rulemaking (RIN                      considered this rule in light of                      diamino-4,6-dinitrobenzofurazane-1-
                                                  1400–AC78), and accepted comments                       Executive Order 13563, dated January                  oxide) (CAS 117907–74–1);
                                                  for 60 days.                                            18, 2011, and affirms that this regulation               (4) CL–20 (HNIW or
                                                                                                          is consistent with the guidance therein.              Hexanitrohexaazaisowurtzitane) (CAS
                                                  Regulatory Flexibility Act                                                                                    135285–90–4); clathrates of CL–20;
                                                    Since the Department is of the                        Executive Order 12988                                    (5) CP (2-(5-cyanotetrazolato) penta
                                                  opinion that this rule is exempt from the                 The Department of State has reviewed                aminecobalt (III) perchlorate) (CAS
                                                  rulemaking provisions of 5 U.S.C. 553,                  the proposed amendment in light of                    70247–32–4);

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                                                                          Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules                                                 25947

                                                     (6) DADE (1,1-diamino-2,2-                              (21) Polynitrocubanes with more than                  (viii) PDNT (1-picryl-3,5-
                                                  dinitroethylene, FOX-7);                                four nitro groups;                                    dinitrotriazole); or
                                                     (7) DATB (Diaminotrinitrobenzene)                       (22) PYX (2,6-Bis(picrylamino)-3,5-                   (ix) TACOT
                                                  (CAS 1630–08–6);                                        dinitropyridine) (CAS 38082–89–2);                    (tetranitrobenzotriazolobenzotriazole)
                                                     (8) DDFP (1,4-                                          (23) RDX and derivatives, as follows:              (CAS 25243–36–1);
                                                  dinitrodifurazanopiperazine);                              (i) RDX                                               (37) Energetic ionic materials melting
                                                     (9) DDPO (2,6-diamino-3,5-                           (cyclotrimethylenetrinitramine),                      between 70 and 100 degrees C and with
                                                  dinitropyrazine-1-oxide, PZO) (CAS                      cyclonite, T4, hexahydro-1,3,5-trinitro-              detonation velocity exceeding 6800 m/
                                                  194486–77–6);                                           1,3,5-triazine, 1,3,5-trinitro-1,3,5-triaza-          s or detonation pressure exceeding 18
                                                     (10) DIPAM (3,3′-Diamino-                            cyclohexane, hexogen, or hexogene)                    GPa (180 kbar); or
                                                  2,2′,4,4′,6,6′-hexanitrobiphenyl or                     (CAS 121–82–4);                                          (38) Explosives, not otherwise
                                                  dipicramide) (CAS 17215–44–0);                             (ii) Keto-RDX (K–6 or 2,4,6-trinitro-              enumerated in this paragraph or on the
                                                     (11) DNAN (2,4-Dinitroanisole) (CAS                  2,4,6-triazacyclohexanone) (CAS                       CCL in ECCN 1C608, with a detonation
                                                  119–27–7);                                              115029–35–1); or                                      velocity exceeding 8,000m/s at
                                                     (12) DNGU (DINGU or                                     (iii) Difluoraminated derivative of                maximum density or a detonation
                                                  dinitroglycoluril) (CAS 55510–04–8);                    RDX; 1,3-Dinitro-5,5-                                 pressure exceeding 34 Gpa (340 kbar).
                                                     (13) Furazans, as follows:                           bis(difluoramino)1,3-diazahexane (CAS                    *(b) Propellants, as follows:
                                                     (i) DAAOF (DAAF, DAAFox, or                          No. 193021–34–0);                                        (1) Any solid propellant with a
                                                  diaminoazoxyfurazan);                                      (24) TAGN                                          theoretical specific impulse (see
                                                     (ii) DAAzF (diaminoazofurazan) (CAS                  (Triaminoguanidinenitrate) (CAS 4000–                 paragraph (k)(4) of this category) greater
                                                  78644–90–3);                                            16–2);                                                than:
                                                     (iii) ANF (Furazanamine, 4-nitro- or 3-                 (25) TATB (Triaminotrinitrobenzene)                   (i) 240 seconds for non-metallized,
                                                  Amino-4-nitrofurazan; or 4-Nitro-1,2,5-                 (CAS 3058–38–6);                                      non-halogenated propellant;
                                                  oxadiazol-3-amine; or 4-Nitro-3-                           (26) TEDDZ (3,3,7,7-                                  (ii) 250 seconds for non-metallized,
                                                  furazanamine; CAS 66328–69–6); or                       tetrakis(difluoroamine) octahydro-1,5-                halogenated propellant; or
                                                     (iv) ANAzF (Aminonitroazofurazan or                  dinitro-1,5-diazocine;                                   (iii) 260 seconds for metallized
                                                  1,2,5-Oxadiazol-3-amine, 4-[2-(4-nitro-                    (27) Tetrazines, as follows:                       propellant;
                                                  1,2,5-oxadiazol-3-yl) diazenyl]; or 1,2,5-                 (i) BTAT (Bis(2,2,2-trinitroethyl)-3,6-
                                                                                                                                                                   (2) Propellants having a force constant
                                                  Oxadiazol-3-amine, 4-[(4-nitro-1,2,5-                   diaminotetrazine); or
                                                                                                                                                                of more than 1,200 kJ/Kg;
                                                  oxadiazol-3-yl)azo]-(9CI); or                              (ii) LAX-112 (3,6-diamino-1,2,4,5-
                                                                                                                                                                   (3) Propellants that can sustain a
                                                  Furazanamine, 4-[(nitrofurananyl)azo]-;                 tetrazine-1,4-dioxide);
                                                                                                             (28) Tetrazoles, as follows:                       steady-state burning rate more than
                                                  or 4-[(4-Nitro-1,2,5-oxadiazol-3-yl)azo]-                                                                     38mm/s under standard conditions (as
                                                  1,2,5-oxadiazol-3-amine) (CAS 155438–                      (i) NTAT (nitrotriazolaminotetrazole);
                                                                                                          or                                                    measured in the form of an inhibited
                                                  11–2);                                                                                                        single strand) of 6.89 Mpa (68.9 bar)
                                                                                                             (ii) NTNT (1-N-(2-nitrotriazolo)-4-
                                                     (14) GUDN (Guanylurea dinitramide)                                                                         pressure and 294K (21 °C); or
                                                  FOX-12 (CAS 217464–38–5);                                                                                        (4) Elastomer-modified cast double-
                                                                                                             (29) Tetryl (trinitrophenylmethyl
                                                     (15) HMX and derivatives, as follows:                                                                      based propellants with extensibility at
                                                                                                          nitramine) (CAS 479–45–8);
                                                     (i) HMX                                                                                                    maximum stress greater than 5% at 233
                                                                                                             (30) TEX (4,10-Dinitro-2,6,8,12-
                                                  (Cyclotetramethylenetetranitramine;                                                                           K (¥40 °C).
                                                  octahydro-1,3,5,7-tetranitro-1,3,5,7-                      (31) TNAD (1,4,5,8-tetranitro-1,4,5,8-                (c) Pyrotechnics, fuels and related
                                                  tetrazine; 1,3,5,7-tetranitro-1,3,5,7-                  tetraazadecalin) (CAS 135877–16–6);                   substances, and mixtures thereof, as
                                                  tetraza-cyclooctane; octogen, octogene)                    (32) TNAZ (1,3,3-trinitroazetidine)                follows:
                                                  (CAS 2691–41–0);                                        (CAS 97645–24–4);                                        (1) Alane (aluminum hydride) (CAS
                                                     (ii) Difluoroaminated analogs of HMX;                   (33) TNGU (SORGUYL or tetranitro                   7784–21–6);
                                                  or                                                      glycoluril) (CAS 55510–03–7);                            (2) Carboranes; decaborane (CAS
                                                     (iii) K–55 (2,4,6,8-tetranitro-2,4,6,8-                 (34) TNP (1,4,5,8-tetranitro-                      17702–41–9); pentaborane and
                                                  tetraazabicyclo [3,3,0]-octanone-3,                     pyridazino [4,5-d] pyridazine) (CAS                   derivatives thereof;
                                                  tetranitrosemiglycouril, or keto-bicyclic               229176–04–9);                                            (3) Liquid high energy density fuels,
                                                  HMX) (CAS 130256–72–3);                                    (35) Triazines, as follows:                        as follows:
                                                     (16) HNAD (hexanitroadamantane)                         (i) DNAM (2-oxy-4,6-dinitroamino-s-                   (i) Mixed fuels that incorporate both
                                                  (CAS 143850–71–9);                                      triazine) (CAS 19899–80–0); or                        solid and liquid fuels, such as boron
                                                     (17) HNS (hexanitrostilbene) (CAS                       (ii) NNHT (2-nitroimino-5-nitro-                   slurry, having a mass-based energy
                                                  20062–22–0);                                            hexahydro-1,3,5 triazine) (CAS 130400–                density of 40 MJ/kg or greater; or
                                                     (18) Imidazoles, as follows:                         13–4);                                                   (ii) Other high energy density fuels
                                                     (i) BNNII (Octohydro-2,5-                               (36) Triazoles, as follows:                        and fuel additives (e.g., cubane, ionic
                                                  bis(nitroimino) imidazo [4,5-                              (i) 5-azido-2-nitrotriazole;                       solutions, JP–7, JP–10) having a volume-
                                                  d]imidazole);                                              (ii) ADHTDN (4-amino-3,5-                          based energy density of 37.5 GJ per
                                                     (ii) DNI (2,4-dinitroimidazole) (CAS                 dihydrazino-1,2,4-triazole dinitramide)               cubic meter or greater, measured at 20
                                                  5213–49–0);                                             (CAS 1614–08–0);                                      °C and one atmosphere (101.325 kPa)
                                                     (iii) FDIA (1-fluoro-2,4-                               (iii) ADNT (1-amino-3,5-dinitro-1,2,4-             pressure;
emcdonald on DSK29S0YB1PROD with PROPOSALS

                                                  dinitroimidazole);                                      triazole);
                                                     (iv) NTDNIA (N-(2-nitrotriazolo)-2,4-                   (iv) BDNTA                                           Note to paragraph (c)(3)(ii): JP–4, JP–8,
                                                  dinitro-imidazole); or                                  (Bis(dinitrotriazole)amine);                          fossil refined fuels or biofuels, or fuels for
                                                     (v) PTIA (1-picryl-2,4,5-                               (v) DBT (3,3′-dinitro-5,5-bi-1,2,4-                engines certified for use in civil aviation are
                                                                                                                                                                not included.
                                                  trinitroimidazole);                                     triazole) (CAS 30003–46–4);
                                                     (19) NTNMH (1-(2-nitrotriazolo)-2-                      (vi) DNBT (dinitrobistriazole) (CAS                  (4) Metal fuels, and fuel or
                                                  dinitromethylene hydrazine);                            70890–46–9);                                          pyrotechnic mixtures in particle form
                                                     (20) NTO (ONTA or 3-nitro-1,2,4-                        (vii) NTDNT (1-N-(2-nitrotriazolo) 3,5-            whether spherical, atomized,
                                                  triazol-5-one) (CAS 932–64–9);                          dinitro-triazole);                                    spheroidal, flaked, or ground,

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                                                  25948                   Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules

                                                  manufactured from material consisting                      (8) Hydrazine nitrate (CAS 37836–27–                 (18) Low (less than 10,000) molecular
                                                  of 99% or more of any of the following:                 4);                                                   weight, alcohol-functionalized,
                                                     (i) Metals, and mixtures thereof, as                    (9) Hydrazine perchlorate (CAS                     poly(epichlorohydrin);
                                                  follows:                                                27978–54–7);                                          poly(epichlorohydrindiol); and triol;
                                                     (A) Beryllium (CAS 7440–41–7) in                        (10) Liquid oxidizers comprised of or                (19) Dinitropropyl based plasticizers,
                                                  particle sizes of less than 60                          containing inhibited red fuming nitric                as follows:
                                                  micrometers; or                                         acid (IRFNA) (CAS 8007–58–7) or                         (i) BDNPA (bis (2,2-dinitropropyl)
                                                     (B) Iron powder (CAS 7439–89–6)                      oxygen difluoride; or                                 acetal) (CAS 5108–69–0); or
                                                  with particle size of 3 micrometers or                     (11) Perchlorates, chlorates, and                    (ii) BDNPF (bis (2,2-dinitropropyl)
                                                  less produced by reduction of iron oxide                chromates composited with powdered                    formal) (CAS 5917–61–3).
                                                  with hydrogen;                                          metal or other high energy fuel                         (f) Additives, as follows:
                                                     (ii) Fuel mixtures or pyrotechnic                    components controlled by this category.                 (1) Basic copper salicylate (CAS
                                                  mixtures, which contain any of the                         *(e) Binders, and mixtures thereof, as             62320–94–9);
                                                  following:                                              follows:                                                (2) BHEGA (Bis-(2-
                                                     (A) Boron (CAS 7440–42–8) or boron                      (1) AMMO                                           hydroxyethyl)glycolamide) (CAS
                                                  carbide (CAS 12069–32–8) fuels of 85%                   (azidomethylmethyloxetane and its                     17409–41–5);
                                                  purity or higher and particle sizes of                  polymers) (CAS 90683–29–7);                             (3) BNO (Butadienenitrile oxide);
                                                  less than 60 micrometers; or                               (2) BAMO (bis(azidomethyl)oxetane                    (4) Ferrocene derivatives, as follows:
                                                     (B) Zirconium (CAS 7440–67–7),                       and its polymers) (CAS 17607–20–4);                     (i) Butacene (CAS 125856–62–4);
                                                  magnesium (CAS 7439–95–4), or alloys                       (3) BTTN (butanetriol trinitrate) (CAS               (ii) Catocene (2,2–Bis-
                                                  of these in particle sizes of less than 60              6659–60–5);                                           ethylferrocenylpropane) (CAS 37206–
                                                  micrometers;                                               (4) FAMAO (3-difluoroaminomethyl-                  42–1);
                                                     (iii) Explosives and fuels containing                3-azidomethyloxetane) and its                           (iii) Ferrocene carboxylic acids and
                                                  the metals or alloys listed in paragraphs               polymers;                                             ferrocene carboxylic acid esters;
                                                  (c)(4)(i) and (c)(4)(ii) of this category                  (5) FEFO (bis(2-fluoro-2,2-                          (iv) n-butylferrocene (CAS 31904–29–
                                                  whether or not the metals or alloys are                 dinitroethyl)formal) (CAS 17003–79–1);                7);
                                                  encapsulated in aluminum, magnesium,                       (6) GAP (glycidyl azide polymer)                     (v) Ethylferrocene (CAS 1273–89–8);
                                                  zirconium, or beryllium;                                (CAS 143178–24–9) and its derivatives;                  (vi) Propylferrocene;
                                                     (5) Fuel, pyrotechnic, or energetic                     (7) HTPB (hydroxyl-terminated                        (vii) Pentylferrocene (CAS 1274–00–
                                                  mixtures having any nanosized                           polybutadiene) with a hydroxyl                        6);
                                                  aluminum, beryllium, boron, zirconium,                  functionality equal to or greater than 2.2              (viii) Dicyclopentylferrocene;
                                                  magnesium, or titanium as follows:                      and less than or equal to 2.4, a hydroxyl               (ix) Dicyclohexylferrocene;
                                                     (i) Having particle size less than 200               value of less than 0.77 meq/g, and a                    (x) Diethylferrocene (CAS 173–97–8);
                                                  nm in any direction; and                                viscosity at 30 °C of less than 47 poise                (xi) Dipropylferrocene;
                                                     (ii) Having 60% or higher purity;                    (CAS 69102–90–5);                                       (xii) Dibutylferrocene (CAS 1274–08–
                                                     (6) Pyrotechnic and pyrophoric                                                                             4);
                                                                                                             (8) 4,5 diazidomethyl-2-methyl-1,2,3-
                                                  materials, as follows:                                                                                          (xiii) Dihexylferrocene (CAS 93894–
                                                     (i) Pyrotechnic or pyrophoric                        triazole (iso- DAMTR);
                                                                                                             (9) NENAS (nitratoethylnitramine                   59–8);
                                                  materials specifically formulated to                                                                            (xiv) Acetylferrocene (CAS 1271–55–
                                                                                                          compounds) as follows:
                                                  enhance or control the production of                                                                          2)/1,1′-diacetyl ferrocene (CAS 1273–
                                                                                                             (i) N-Methyl 2-nitratoethylnitramine
                                                  radiated energy in any part of the IR                                                                         94–5); or
                                                                                                          (Methyl-NENA) (CAS 17096–47–8);
                                                  spectrum; or                                                                                                    (xv) Other ferrocene derivatives that
                                                     (ii) Mixtures of magnesium,                             (ii) N-Ethyl 2-nitratoethylnitramine
                                                                                                          (Ethyl-NENA) (CAS 85068–73–1);                        do not contain a six carbon aromatic
                                                  polytetrafluoroethylene and the
                                                                                                             (iii) N-Propyl 2-nitratoethylnitramine             functional group attached to the
                                                  copolymer vinylidene difluoride and
                                                                                                          (CAS 82486–83–7);                                     ferrocene molecule;
                                                  hexafluoropropylene (MTV);                                                                                      (5) Lead beta-resorcylate (CAS 20936–
                                                     (7) Titanium subhydride (TiHn) of                       (iv) N-Butyl-2-nitratoethylnitramine
                                                                                                          (BuNENA) (CAS 82486–82–6); or                         32–7);
                                                  stoichiometry equivalent to n = 0.65–
                                                                                                             (v) N-Pentyl 2-nitratoethylnitramine                 (6) Lead citrate (CAS 14450–60–3);
                                                  1.68; or
                                                     (8) Hydrocarbon fuels specially                      (CAS 85954–06–9);                                       (7) Lead-copper chelates of beta-
                                                  formulated for use in flame throwers or                    (10) Poly-NIMMO (poly                              resorcylate or salicylates (CAS 68411–
                                                  incendiary munitions containing metal                   nitratomethylmethyoxetane, poly-                      07–4);
                                                                                                          NMMO, (poly[3-nitratomethyl-3-methyl                    (8) Lead maleate (CAS 19136–34–6);
                                                  stearates (e.g., octal) or palmitates, and
                                                                                                          oxetane]) (CAS 84051–81–0);                             (9) Lead salicylate (CAS 15748–73–9);
                                                  M1, M2, and M3 thickeners.
                                                     (d) Oxidizers, as follows:                              (11) PNO (Poly(3-nitratooxetane));                   (10) Lead stannate (CAS 12036–31–6);
                                                     (1) ADN (ammonium dinitramide or                        (12) TVOPA 1,2,3-Tris [1,2-                          (11) MAPO (tris-1-(2-methyl)
                                                  SR–12) (CAS 140456–78–6);                               bis(difluoroamino)ethoxy]propane; tris                aziridinylphosphine oxide) (CAS 57–
                                                     (2) AP (ammonium perchlorate) (CAS                   vinoxy propane adduct (CAS 53159–39–                  39–6); BOBBA–8 (bis(2-methyl
                                                  7790–98–9);                                             0);                                                   aziridinyl)-2-(2-hydroxypropanoxy)
                                                     (3) BDNPN (bis(2,2-                                     (13) Polynitrorthocarbonates;                      propylamino phosphine oxide); and
                                                  dinitropropyl)nitrate) (CAS 28464–24–                      (14) FPF-1 (poly-2,2,3,3,4,4-                      other MAPO derivatives;
                                                                                                                                                                  (12) Methyl BAPO (Bis(2-methyl
emcdonald on DSK29S0YB1PROD with PROPOSALS

                                                  6);                                                     hexafluoro pentane-1,5-diolformal)
                                                     (4) DNAD (1,3-dinitro-1,3-diazetidine)               (CAS 376–90–9);                                       aziridinyl)methylaminophosphine
                                                  (CAS 78246–06–7);                                          (15) FPF-3 (poly-2,4,4,5,5,6,6-                    oxide) (CAS 85068–72–0);
                                                     (5) HAN (Hydroxylammonium nitrate)                   heptafluoro-2-trifluoromethyl-3-                        (13) 3–Nitraza-1,5-pentane
                                                  (CAS 13465–08–2);                                       oxaheptane-1,7-diolformal);                           diisocyanate (CAS 7406–61–9);
                                                     (6) HAP (hydroxylammonium                               (16) PGN (Polyglycidyl nitrate or                    (14) Organo-metallic coupling agents,
                                                  perchlorate) (CAS 15588–62–2);                          poly(nitratomethyloxirane); poly-                     as follows:
                                                     (7) HNF (Hydrazinium nitroformate)                   GLYN); (CAS 27814–48–8);                                (i) Neopentyl[diallyl]oxy, tri [dioctyl]
                                                  (CAS 20773–28–8);                                          (17) N-methyl-p-nitroaniline;                      phosphatotitanate (CAS 103850–22–2);

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                                                                          Federal Register / Vol. 77, No. 85 / Wednesday, May 2, 2012 / Proposed Rules                                                  25949

                                                  also known as titanium IV, 2,2[bis 2-                      (8) 1,2,4-trihydroxybutane (1,2,4-                    (3) Paragraph (c)(4)(ii)(A) of this
                                                  propenolato-methyl, butanolato, tris                    butanetriol) (CAS 3068–00–6).                         category does not control boron and
                                                  (dioctyl) phosphato] (CAS 110438–25–                       (h) Any explosive, propellant,                     boron carbide enriched with boron-10
                                                  0), or LICA 12 (CAS 103850–22–2);                       pyrotechnic, fuel, oxidizer, binder,                  (20% or more of total boron-10 content).
                                                     (ii) Titanium IV, [(2-propenolato-1)                 additive, or precursor that:                             (4) Theoretical specific impulse (Isp)
                                                  methyl, n-propanolatomethyl]                               (1) is classified;                                 is calculated using standard conditions
                                                  butanolato-1,                                              (2) is manufactured using classified               (1000 psi chamber pressure expanded to
                                                  tris(dioctyl)pyrophosphate, or KR3538;                  production data; or                                   14.7 psi) and measured in units of
                                                  or                                                         (3) is being developed using classified            pound-force-seconds per pound-mass
                                                     (iii) Titanium IV, [(2-propenolato-                  information.                                          (lbf-s/lbm) or simplified to seconds (s).
                                                  1)methyl, propanolatomethyl]                               ‘‘Classified’’ means classified                    Calculations will be based on shifting
                                                  butanolato-1, tris(dioctyl) phosphate;                  pursuant to Executive Order 13526, or                 equilibrium.
                                                     (15) PCDE                                            predecessor order, and a security                        (5) Particle size is the mean particle
                                                  (Polycyanodifluoroaminoethylene                         classification guide developed pursuant               diameter on a weight basis. Best
                                                  oxide);                                                 thereto or equivalent, or to the                      industrial practices will be used in
                                                     (16) Certain bonding agents, as                      corresponding classification rules of                 determining particle size and the
                                                  follows:                                                another government.                                   controls may not be undermined by
                                                     (i) 1,1R,1S-trimesoyl-tris(2-                           (i) Developmental explosives,                      addition of larger or smaller sized
                                                  ethylaziridine) (HX–868, BITA) (CAS                     propellants, pyrotechnics, fuels,                     material to shift the mean diameter.
                                                  7722–73–8); or                                          oxidizers, binders, additives, or                       Note 1: To assist the exporter, an item has
                                                     (ii) Polyfunctional aziridine amides                 precursors therefor developed under a                 been categorized by the most common use.
                                                  with isophthalic, trimesic, isocyanuric,                contract with the U.S. Government not                 Also, where appropriate, references have
                                                  or trimethyladipic backbone also having                 otherwise controlled under this                       been provided to the related controlled
                                                  a 2-methyl or 2-ethyl aziridine group;                  category.                                             precursors.
                                                     Note to paragraph (f)(16)(ii): Included                 (j) Technical data (as defined in
                                                  are 1) 1,1H-Isophthaloyl-bis(2-                                                                                 Note 2: Chemical Abstract Service (CAS)
                                                                                                          § 120.10 of this subchapter) and defense              registry numbers do not cover all the
                                                  methylaziridine) (HX–752) (CAS 7652–                    services (as defined in § 120.9 of this               substances and mixtures controlled by this
                                                  64–4); 2) 2,4,6-tris(2-ethyl-1-aziridinyl)-             subchapter) directly related to the                   category. The numbers are provided as
                                                  1,3,5-triazine (HX–874) (CAS 18924–91–                  defense articles numerated in                         examples to assist government agencies in
                                                  9); and 3) 1,1′-trimethyladipoylbis(2-                  paragraphs (a) through (i) of this                    the license review process and exporters
                                                  ethylaziridine) (HX–877) (CAS 71463–                    category (see also § 123.20 of this                   when completing their license application
                                                  62–2).                                                  subchapter).
                                                                                                                                                                and export documentation.
                                                     (17) Superfine iron oxide (Fe2O3,
                                                                                                             (k) The following interpretations                  *        *       *    *   *
                                                  hematite) with a specific surface area
                                                                                                          explain and amplify the terms used in                   Dated: April 24, 2012.
                                                  more than 250 m2/g and an average
                                                                                                          this category and elsewhere in this
                                                  particle size of 0.003 micrometers or                                                                         Rose E. Gottemoeller,
                                                  less (CAS 1309–37–1);                                                                                         Acting Under Secretary, Arms Control and
                                                                                                             (1) Category V contains explosives,
                                                     (18) TEPAN (HX–879)                                                                                        International Security, Department of State.
                                                                                                          energetic materials, propellants, and
                                                  (tetraethylenepentaamineacrylonitrile)                                                                        [FR Doc. 2012–10455 Filed 5–1–12; 8:45 am]
                                                                                                          pyrotechnics and specially formulated
                                                  (CAS 68412–45–3); cyanoethylated                                                                              BILLING CODE 4710–25–P
                                                                                                          fuels for aircraft, missile, and naval
                                                  polyamines and their salts;
                                                     (19) TEPANOL (HX–878) (tetraethy                     applications. Explosives are solid,
                                                  lenepentaamineacrylonitrileglycidol)                    liquid, or gaseous substances or
                                                                                                          mixtures of substances, which, in their               DEPARTMENT OF THE INTERIOR
                                                  (CAS 110445–33–5); cyanoethylated
                                                  polyamines adducted with glycidol and                   primary, booster, or main charges in
                                                                                                          warheads, demolition, or other military               Office of Surface Mining Reclamation
                                                  their salts;                                                                                                  and Enforcement
                                                     (20) TPB (triphenyl bismuth) (CAS                    applications, are required to detonate.
                                                  603–33–8); or                                              (2) The resulting product of the
                                                                                                          combination or conversion of any                      30 CFR Part 943
                                                     (21) Tris (ethoxyphenyl) bismuth
                                                  (TEPB) (CAS 90591–48–3).                                substance controlled by this category                 [SATS No. TX–060–FOR; Docket ID: OSM–
                                                     (g) Precursors, as follows:                          into an item not controlled will no                   2012–0007]
                                                     (1) BCMO (bischloromethyloxetane)                    longer be controlled by this category
                                                                                                          provided the controlled item cannot                   Texas Regulatory Program
                                                  (CAS 142173–26–0);
                                                     (2) DADN (1,5-diacetyl-3,7-dinitro-1,                easily be recovered through dissolution,              AGENCY:  Office of Surface Mining
                                                  3, 5, 7-tetraazacyclooctane;                            melting, sieving, etc. As an example,                 Reclamation and Enforcement, Interior.
                                                     (3) Dinitroazetidine-t-butyl salt (CAS               beryllium converted to a near net shape               ACTION: Proposed rule; public comment
                                                  125735–38–8);                                           using hot isostatic processes will result             period and opportunity for public
                                                     (4) CL–20 precursors (any molecule                   in an uncontrolled part. A cured                      hearing on proposed amendment.
                                                  containing hexaazaisowurtzitane) (e.g.,                 thermoset containing beryllium powder
                                                  HBIW                                                    is not controlled unless meeting an                   SUMMARY:  We, the Office of Surface
                                                                                                          explosive or propellant control. The                  Mining Reclamation and Enforcement
emcdonald on DSK29S0YB1PROD with PROPOSALS

                                                  TAIW (tetraacetyldibenzylhexa-                          mixture of beryllium powder in a cured                (OSM), are announcing receipt of a
                                                  azaisowurtzitane));                                     thermoset shape is not controlled by                  proposed amendment to the Texas
                                                     (5) TAT (1, 3, 5, 7-tetraacetyl-1, 3, 5,             this category. The mixture of controlled              regulatory program (Texas program)
                                                  7-tetraazacyclooctane) (CAS 41378–98–                   beryllium powder mixed with a typical                 under the Surface Mining Control and
                                                  7);                                                     propellant binder will remain controlled              Reclamation Act of 1977 (SMCRA or the
                                                     (6) Tetraazadecalin (CAS 5409–42–7);                 by this category. The addition of dry                 Act). Texas proposes revisions to its
                                                     (7) 1,3,5-trichlorobenzene (CAS 108–                 silica powder to dry beryllium powder                 regulations regarding: definitions;
                                                  70–3); or                                               will remain controlled.                               review of permit applications; criteria

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