View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOC/BIS RIN: 0694-AG59 Publication ID: Fall 2016 
Title: Revisions to Export Administration Regulations (EAR): Control of Spacecraft Systems and Related Items President Determines No Longer Warrant Control Under United States Munitions List (USML) 

This final rule addresses issues raised in, and public comments on, the interim final rule that was published on May 13, 2014, as well as additional clarifications and corrections. The May 13 rule added controls to the Export Administration Regulations (EAR) for spacecraft and related items that the President has determined no longer warrant control under United States Munitions List (USML) Category XV - spacecraft and related items. This is the third final rule BIS has published related to the May 13 rule and completes the regulatory action for the interim final rule. These changes were also informed by comments received in response to the May 13 rule that included a request for comments, as well as interagency discussions on how best to address the comments. The changes made in this final rule are grouped into four types of changes: (1) changes to address the movement of additional spacecraft and related items from the USML to the Commerce Control List (CCL), as a result of changes in aperture size for spacecraft that warrant ITAR control, in response to public comments and further U.S. Government review; (2) changes to address the movement of the James Webb Space Telescope (JWST) from the USML to the CCL; (3) other corrections and clarifications to the spacecraft interim final rule; and (4) addition of .y items to Export Control Classification Number 9A515. This final rule is being published in conjunction with the publication of a Department of State, Directorate of Defense Trade Controls (DDTC) final rule, which makes changes, including corrections and clarifications, to the provisions adopted in the State Department's own May 13, 2014 rule. The State May 13 rule revised USML Category XV (22 CFR 121.1) to control those articles the President has determined warrant control on the USML. Both May 13 rules and the subsequent related rules are part of the President's Export Control Reform Initiative.

Agency: Department of Commerce(DOC)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 15 CFR 740    15 CFR 742    15 CFR 774    15 CFR 750   
Legal Authority: 10 U.S.C. 7420    10 U.S.C. 7430(e)    15 U.S.C. 1824a    22 U.S.C. 2151    22 U.S.C. 287c    22 U.S.C. 3201 et seq.    22 U.S.C. 6004    22 U.S.C. 7201 et seq.    22 U.S.C. 7210    30 U.S.C. 185(s)    30 U.S.C. 185(u)    42 U.S.C. 2139a    42 U.S.C. 6212    43 U.S.C. 1354    50 U.S.C. 1701 et seq.    50 U.S.C. 4601 et seq.    50 U.S.C. app. 2401 et seq.    50 U.S.C. app. 5    E.O. 12058    E.O. 12851    E.O. 12938    E.O. 13020    E.O. 13026    E.O. 13222    E.O. 13338    E.O. 13637    Pub. L. 108-11    Pub. L. 10811, sec 1503   
Legal Deadline:  None
Action Date FR Cite
Final Rule  07/13/2015  80 FR 39950   
Final Rule Effective  08/13/2015 
Final Rule  11/00/2016 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
International Impacts: This regulatory action will be likely to have international trade and investment effects, or otherwise be of international interest.
RIN Data Printed in the FR: No 
Related RINs: Previously reported as 0694-AF87 
Agency Contact:
Timothy Mooney
Export Policy Analyst
Department of Commerce
Bureau of Industry and Security
14th Street and Pennsylvania Avenue NW,
Washington, DC 20230
Phone:202 482-3371
Fax:202 482-3355