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The meeting was called to order by Mr. Howard Pfeifer at 9:30am with welcoming remarks.
Introduction of persons present was made around the room.
TransTAC members in attendance: (Industry) Ms. Kimberly DePew, Mr. Mark Holland, Mr. Bill Kennedy, Mr. Michael Osborne, Mr. Howard Pfeifer (TransTAC Chair), Mr. Davis Salome and Mr. Todd Zarfos; (Government) Mr. Paul Sellers, Mr. Gene Christiansen, and Ms. Yvette Springer.
Others present: The complete list of attendees is attached at the end of these minutes.
Opening remarks
Mr. Howard Pfeifer started discussion by welcoming everyone to the TransTAC. TransTAC members and other interested persons are thanked for participation in the TransTAC.
Nomination of new Chair for TransTAC.
The appointment of the current Chair, Mr. Howard Pfeifer, will expire before the next meeting of the TransTAC so election of a new Chair was held now for continuity to the next meeting of the TransTAC.
All current Industry Members were polled to ask if they were interested in the position. Mr. Donald Stevenson indicated he was interested before the meeting since he was not able to attend. Ms. Kim DePew also expressed interest at the meeting.
Nominations by current Industry Members were held by hand count. Ms Kimberly DePew was nominated by majority vote of Industry Members present at the meeting to be the next TransTAC Chair.
Status of ECCN Review Working Groups
Status and progress of review of ECCNs in Category’s 7, 8 and 9 was discussed. The Working Groups are assessing each ECCN, providing reasoning and substantiation for whether each is (i) an empty box (no longer applicable), (ii) okay as is, (iii) recommend loosening or removing control or (iv) recommend tightening or adding control.
Category 7 – Navigation and Avionics
Mr. Mike Osborne (Honeywell) and Mr. Mike Gries (Rockwell Collins) are co-chairing a Working Group for inertial items.
Mr. Don Stevenson (Honeywell) is chairing a Working Group for non-inertial items.
Category 8 – Marine
Ms. Kim DePew (GE) is chairing a Working Group for marine applications.
Category 9 – Propulsion Systems, Space Vehicles and Related Equipment
Mr. Sam Yoon (GE), Mr. Bruce Hansen (Sikorsky) and Mr. Bill Kennedy (Rolls-Royce) are co-chairing a Working Group for propulsion items.
BIS would like feedback about scope, timing, resources required or assistance to be requested from BIS, and whatever else is required or planned for review of the ECCNs. If additional assistance from industry is needed, we can solicit help from persons who are not members of the TransTAC, a Federal Register notice can be made soliciting participation at a TransTAC meeting where these items will be discussed. Teams will need to provide substantiation for leaving any ECCN as is, or for any proposed changes to the ECCN entry. Foreign availability of any item covered by a specific ECCN is valued information when supported by substantiation [see EAR Part 768 for description of information that establishes substantiation].
Update on Regulatory Overview
Mr. Gene Christiansen started discussion on Regulatory updates.
A modification of License Exception TMP [15 CFR 740.9] is being considered which would expand the scope to include certain types of technical data.
A TransTAC proposal to address technology exports for investigations of aircraft incidents under License Exception TSU is being reviewed. Disclosure of certain technology to civil aviation authorities in specific Country Groups is being reviewed.
A TransTAC proposal to revise eligibility of license exceptions for items controlled by 9A101 is currently being reviewed.
A proposal to require a license for items controlled for Missile Technology reasons for export to Canada has been identified as potentially having a significant impact on the U.S. economy and an Economic Impact Assessment report has been requested. The report is still pending.
The proposed China “catch-all” rule (71 FR 38313 and 71 FR 61692 ) is progressing. Some of the 47 ECCNs in the proposed rule are being modified based on comments received.
Update on Missile Technology Control Regime
Mr. Gene Christiansen started discussion on MTCR issues.
Changes resulting from the Missile Technology Control Regime agreements are expected to be published soon as a final rule.
The TransTAC is still asking if TAC members will be permitted access to MTCR proposals, on the TAC members-only-access website, for comment. This is similar to Wassenaar proposals that are posted on TAC websites.
The latest MTCR is available at www.mtcr.info but everyone is reminded that the MTCR as published in the ITAR is the law regardless that it may be out of date by 5 or 6 years.
Update on Wassenaar Arrangement Proposals
Mr. Jim Thompson started discussion on Wassenaar Arrangement (WA) issues.
The TransTAC and other interested parties are requested to provide technical feedback and substantiation for support or rebuttal to a foreign proposal presented to the TransTAC on the definition of Hot Section and clarification of related controls under WA entries 9.E.3.a.4 and 9.E.3.a.5, specifically how is gas temperature defined and determined. The original language in 9.E.3.a.4 and 9.E.3.a.5 are believed to have originated about 1981. 9.E.3.a.4 and 9.E.3.a.5 are essentially the same as EAR ECCNs 9E003.a.4 and 9E003.a.5. Please provide feedback, comments and substantiation to both Mr. Jim Thompson, BIS, and Mr. Dan Speyer, DTSA, by the end of May or as soon as possible.
There is a new proposal to add control for reciprocating engines for aircraft capable of flight at 50,000 feet altitude or higher. The TransTAC queried if this includes rotary (Wankel) type engines.
There are 2 non-papers, originating from the TransTAC, being presented to the WA on (i) 3D Displays, and (ii) Active Flight Control and Fly By Wire Systems.
If there are any new proposals to be considered for WA inclusion in 2008 they should be provided to BIS preferably by the end of July but no later than early September so they may be reviewed and any clarification or refinement requested. None Papers intended to start discussion about a particular topic may be submitted at any time, they may develop into a proposal in the future. Wassenaar Arrangement controls are available at www.wassenaar.org.
Composites Technical Working Group Status
Ms. Kim DePew started discussion on the status of the Composites TWG.
A face-to-face meeting of the Composites TWG was held in Washington DC yesterday, 01May2007 . Industry participation remains high.
The Group is currently reviewing global availability of fabric and resins used in composites such as Prepreg materials. If there are any proprietary information concerns from Industry participants please identify and provide information directly to Gene Christiansen, BIS.
The Composites TWG is also reviewing USML items and their relation to BIS controlled items. Recommendations from the teams are expect to provide interpretive notes for existing controls.
Jurisdictional Technical Working Group Status
Mr. Todd Zarfos started discussion on the status of the Jurisdictional TWG.
The draft paper finalizing closure of the J-TWG was accepted as final providing a summary of recommendations to Industry on the three aspects the J-TWG focused on : education; process improvement; and economics.
For education the J-TWG raised comprehension of the sensitivity and complexity of jurisdictional issues through supplier conferences held at Boeing, and general awareness of participating companies. For process improvement the J-TWG provided insight into the process of determining jurisdiction with a follow-on effort by the Aerospace Industry Association [ www.aia-aerospace.org ]. For economics, the J-TWG was not able to provide examples, quantifiable numbers or anecdotal evidence of jurisdictional issues due to the sensitivity of company proprietary information.
The Jurisdictional Technical Working Group was closed with this final action.
TransTAC 2007 Goals and Other Items of Interest
A goal to expand industry membership. A request for additional membership applications is being maintained on an ongoing basis.
A goal for increased active support to multilateral control functions. A request for members to actively provide support to multilateral control reviews such as the Missile Technology Control Regime and the Wassenaar Arrangement is being maintained on an ongoing basis.
A goal to actively participate in review of current regulations. The members have committed to provide written comment and feedback through the TransTAC to the Bureau of Industry and Security (BIS) on items listed on the Commerce Control List (CCL), specifically Category’s 7, 8 or 9, and Composite items in Category 1, is being maintained on an ongoing basis.
Open Action Items
Action 1: (November 2003) Mr. Gene Christiansen to review the proposed change to license exception “TSU” for disclosure of technical data to non-U.S. civil aviation authorities and NTSB type foreign organizations in support of flight incident investigations.
Update 9/21/04 : Mr. Osborne to provide additional refinements to proposal and identify which export license exception should be modified.
Update 12/8/04 : Mr. Osborne provided a proposed change to the license exception TSU. Mr. Christiansen has the action to review within BIS.
The proposal has been provided to Commerce Regulations Division and to DOD for comment.
Update 3/17/05 : Mr. Christiansen to continue review within BIS and other government agencies.
Update 5/18/05 : Mr. Christiansen to continue review within BIS and other government agencies.
Update 9/7/2005 : Mr. Osborne has provided information to Mr. Christiansen and has requested Gene review it internally in Commerce for consideration for inter-agency review. Mr. Osborne will also work with Ms. Julie Ann Felgar, Boeing to be sure that the proposal covers all applicable civil aircraft systems.
Update 11/09/2005 : A revised white paper, with further clarification, was presented by Mr. Osborne.
Update 02/09/2006 : Discussed the intent and clarification of the White Paper from last meeting. The discussion asked for lists of items typically requested in an investigation, and whether requests are for use technology or include development or production technology?
Update 05/03/2006 : The request for industry to provide lists of items typically requested in an investigation was reiterated.
Update 09/13/2006 : Mr. Osborne distributed a White Paper outlining a proposed change to the wording of License Exception TSU (ref: 15 CFR 740.13). Mike asked all TransTAC members to review the White paper for concurrence and a unified position to be forwarded to BIS. And reiteration of the request for industry to provide examples of items typically requiring an export license and requested during aircraft incident investigations.
Update 11/09/2006: BIS is reviewing the paper provided to BIS through Mr. Osborne outlining a proposed change to the wording of License Exception TSU (ref: 15 CFR 740.13).
Update 02/07/2007 : BIS review and consideration continues.
Update 05/02/2007 : BIS review and consideration is nearing final conclusions.
Action 4 : (February 2004) TRANSTAC Team will validate whether the current multi-dome combustion controls are realistic or provide any changes that are required, for instance with respect to temperature vs. number of domes.
Update May 2004: This was provided in the handout. There is a follow up action to have other engine manufacturers not represented on the TRANSTAC review the proposal. (Mr. Christiansen).
Update September 2004: Mr. Pfeifer to coordinate putting the proposed changes into Wassenaar proposal format.
Update 3/17/05 : Still open
Update 5/18/05 : Pending TransTAC member input.
Update 9/7/2005 : Still pending TransTAC member input. Also, want to request input from Mr. Brostmeyer and Ms. DePew.
Update 11/09/2005 : Pending additional input and clarification from industry whether to revise current controls or impose new controls on multidomed combustors, multipoint fuel injection combustors and/or thermally decoupled combustors.
Update 02/09/2006 : GE provided a proposal for changes to 9E003.a.2. Proposal to make a combustor exit temperature change from 2800 F to 3000 F due to typical civil uses today. All other industry members need to provide comment.
Update 05/03/2006 : The request for industry to provide comment on the proposal for changing combustor exit temperature from 2800 F to 3000 F was reiterated.
Update 09/13/2006 : Industry is working to provide a consolidated position.
Update 11/09/2006 : Industry is working to provide a consolidated position.
Update 02/07/2007 : Industry is working to provide a consolidated position.
Update 05/02/2007 : Industry is still working to provide a consolidated position.
Action 5 : (February 2004) TRANSTAC Team: Review 9E003.a.4 and 9E003.a.5 on whether temperature range is correct and whether this needs to be clarified with respect to hot spot, average or some other defined gas path or hardware temperature.
Update: This was provided in the handout at the May 2004 TRANSTAC meeting. There is a follow up action to solicit inputs from GE and other engine manufacturers (Mr. Christiansen).
Update September 2004: Mr. Pfeifer to coordinate putting the proposed changes into Wassenaar proposal format.
Update 3/17/05 : Still open.
Update 5/18/05 : Pending TransTAC member input.
Update 9/7/2005 : Still pending TransTAC member input. Also, requesting input from Mr. Brostmeyer and Ms. DePew.
Update 11/9/2005 : DTSA persons in attendance requested the TransTAC work on a clarification of what constitutes “hot section” in a turbine engine. Ms. DePew provided a proposed definition of “hot section” for TransTAC propulsion member review. Require further discussion of the proposal and definition of design point parameters between all major engine manufacturers.
Update 02/09/2006 : GE provided a revision of the proposal from the last meeting for changes to the definition of hot section parts in 9E003.a.4 and 9E003.a.5. Proposal would apply to aero, industrial, civil, defense and marine turbine engines. All other industry members need to provide comment.
Update 05/03/2006 : The request for industry to provide comment on the proposal for clarifying the definition of hot section parts was reiterated.
Update 09/13/2006 : Industry is working to provide a consolidated position based on General Electric’s proposed clarification of ‘Hot Section’.
Update 11/09/2006 : Industry is working to provide a consolidated position.
Update 02/07/2007 : Industry is working to provide a consolidated position.
Update 05/02/2007 : Industry is working to provide a consolidated position in response to foreign proposal (see Wassenaar Arrangement meeting minutes above) by the end of May.
Action 10 (rewritten 3/17/05 ): Mr. Martling, Cessna, and Mr. Pfeifer: Report to TRANSTAC on any helicopter power transfer system issues and on whether the CCL (9E003.d) needs to change. Would like to know if there are differentiating features or capabilities between military and commercial use helicopter power transfer systems.
Update 5/18/05 : Pending TransTAC member input.
Update 9/7/2005 : Pending TransTAC member input.
Update 11/09/2005 : Pending TransTAC member input. Include DTSA in distribution.
Update 02/09/2006 : Are there differences in civil and defense helicopter power transfer systems? What are they? Still require input from helicopter manufacturers. Include Mr. Ed Auger in any input.
Update 05/03/2006 : Ms. Elaine Vaught, Bell Helicopter, agreed to review 9E003.d.
Update 09/13/2006 : Pending industry input.
Update 11/09/2006 : Mr. Bruce Hansen, Sikorsky, attended the TransTAC and agreed to assist reviewing technology controlled by 9E003.d.
Update 02/07/2007 : Industry is working to provide a consolidated position.
Update 05/02/2007 : Industry is working to provide a consolidated position.
Action 11 : For TRANSTAC membership: provide examples where US business interests have been negatively affected by jurisdictional issues between State and Commerce (December 2004)
Update 3/17/05 : This was discussed in committee. Boeing representatives noted new contract language containing considerable financial penalties for reduced utility of aircraft as a result of ITAR controls.
Update 5/18/05 : Pending TransTAC member input. The Jurisdictional TWG may add to this Item.
Update 9/7/2005 : The Jurisdictional TWG has picked up this action item. TransTAC members and Industry members are invited to provide examples to the TransTAC.
Update 11/09/2005 : This item transferred to the J-TWG. The J-TWG continues to request examples.
Update 02/09/2006 : The J-TWG is still requesting examples.
Update 05/03/2006 : The request for industry to provide examples of transactions that have been negatively affected by jurisdictional issues was reiterated.
Update 09/13/2006 : This is the same issue as above for the Jurisdictional TWG. Industry is re-encouraged to provide examples.
Update 11/09/2006 : Mr. Osborne to provide a summary of costs for quantifying jurisdictional impact for TransTAC consideration.
Update 02/07/2007 : A final paper, based on draft paper prepared by Mr. Mike Osborne to be presented to TransTAC to close out this action item.
Update 05/02/2007 : This action item is closed with final action closing the Jurisdictional Technical Working Group (see J-TWG meeting minutes above).
Action 12 : Mr. Stevenson of Honeywell to investigate foreign design capability for Fly By Wire (FBW) flight control.
Update 3/17/05 : White paper was presented to Committee. Closed.
Update 5/18/05 : Mr. Stevenson still working.
Update 9/7/2005 : Mr. Stevenson has submitted information to Commerce. The next step is to write a new proposal requesting decontrol based on foreign availability, Mr. Stevenson has offered to start the proposal.
Update 11/09/2005 : A white paper for the proposal was distribute. DOC to distribute white paper for interagency review.
Update 02/09/2006 : The white paper is currently queued for review in BIS and interagency. Any additional industry input is welcome.
Update 05/03/2006 : The BIS interagency review is continuing.
Update 09/13/2006 : The BIS interagency review is continuing.
Update 11/09/2006 : The BIS interagency review is continuing. BIS may develop the White paper into a non-paper for Wassenaar review.
Update 02/07/2007 : The BIS interagency review is continuing. BIS may develop the White paper into a non-paper for Wassenaar review.
Update 05/02/2007 : The White Paper has been developed into a Non-Paper for presentation to the Wassenaar Arrangement Multilateral Control Regime. Feedback is requested by Industry from BIS: was the format of this White Paper good, was it lacking in any way that could be improved? For example, foreign availability was presented in the White Paper but can the foreign availability be quantified by critical comparison to U.S. origin items and technology.
Action 14 : Mr. Stevenson of Honeywell to investigate availability of Heads Up Displays and 3D Displays.
Update 11/09/2005 : Pending TransTAC member and industry input.
Update 02/09/2006 : Pending TransTAC member and industry input.
Update 05/03/2006 : Pending TransTAC member and industry input.
Update 09/13/2006 : Pending TransTAC member and industry input. Note the proposal for the TransTAC to review CCL items may accomplish the same end result.
Update 11/09/2006 : Pending TransTAC member and industry input, Mr. Stevenson to work with Rockwell Collins.
Update 02/07/2007 : Mr. Stevenson provided a paper for 3D displays for TransTAC and BIS review and consideration. Feedback or comment is requested. Heads Up Displays will be the subject of future paper.
Update 05/02/2007 : The portion of the White Paper on 3D Displays has been developed into a Non-Paper for presentation to the Wassenaar Arrangement Multilateral Control Regime.
Action 15 : TransTAC wants a common standardized format for proposing changes to ECCN entries, such as for ECCN reviews.
Update 05/02/2007 : Still requesting a common standardized format for proposing changes. The MCTL proposal format used by IDA was discussed.
Next Meeting
The next TransTAC meeting, for the third calendar quarter of 2007, is set for 9:30 am Wednesday, September 12, 2007 at the U.S. Department of Commerce.
The fourth calendar quarterly meeting for 2007 is tentatively scheduled Thursday, November 15, 2007 .
TransTAC Members are reminded that meetings typically work through lunch and are trending toward four to five hours in length and should plan accordingly.
The meeting adjourned at 1:05pm.
Attendees
May 02, 2007 TransTAC
NAME |
ORGANIZATION |
Howard M. Pfeifer TransTAC Industry Member, Chair |
Pratt & Whitney |
Kim DePew TransTAC Industry Member |
General Electric Transportation |
Mark Holland TransTAC Industry Member |
General Electric Aircraft Engines |
Bill Kennedy TransTAC Industry Member |
Rolls-Royce North America |
Michael Osborne TransTAC Industry Member |
Honeywell |
David Salome TransTAC Industry Member |
Honeywell |
Todd Zarfos TransTAC Industry Member |
Boeing |
Gene Christiansen TransTAC Designated Federal Official |
DOC / BIS |
Paul Sellers TransTAC Government Member |
IDA |
Yvette Springer TransTAC Government Liaison |
DOC / BIS |
John Albert |
DOS |
Gus Anifantis |
Hewlett-Packard |
Joe Brostmeyer |
Florida Turbine Technology |
Carol Hieb |
Northrop Grumman |
George Fronske |
Cytec |
Michael Gries |
Rockwell Collins |
Jerry Hawkins |
Textron |
Mike Holloway |
Cessna |
Kenneth Hutton |
Hyperion Catalysis |
Dean Johnson |
Systron Donner |
Tony Jones |
Vought Aircraft Industries |
Ken Lyons |
Airbus North America |
Brian Martling |
Cessna |
Tom May |
Boeing |
Mary O’Brien |
General Electric |
Bill Root |
Consultant |
Dan Speyer |
OSD / DTSA |
Dan Squire |
DOC / BIS |
Jim Thompson |
DOC / BIS |
Ken Tucker |
Boeing |