Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules 36419 

commodity or defense article to 

function as designed; or 

(3) Is an accessory or attachment used 

with an enumerated or referenced 

commodity or defense article to enhance 

its usefulness or effectiveness. 

(b) A ‘‘part,’’ ‘‘component,’’ 

‘‘accessory,’’ or ‘‘attachment’’ that 

would be controlled by paragraph (a) of 

this paragraph is not ‘‘specially 

designed’’ if it: 

(1) Is enumerated in a USML 

paragraph; 

(2) Is a single unassembled ‘‘part’’ that 

is of a type commonly used in multiple 

types of commodities not enumerated 

on the CCL or the USML, such as 

threaded fasteners (e.g., screws, bolts, 

nuts, nut plates, studs, inserts), other 

fasteners (e.g., clips, rivets, pins), basic 

hardware (e.g., washers, spacers, 

insulators, grommets, bushings, 

springs), wire, and solder; 

(3) Has the same form, fit, and 

performance capabilities as a part, 

component, accessory, or attachment 

used in or with a commodity that: 

(i) Is or was in ‘‘production’’ (i.e., not 

in ‘‘development’’); and 

(ii) Is either not enumerated on the 

CCL or USML, or is enumerated in an 

ECCN controlled only for AntiTerrorism (AT) reasons; 

(4) Was or is being developed with a 

reasonable expectation of: 

(i) Use in or with commodities 

described on the CCL and commodities 

not enumerated on the CCL or the 

USML; or 

(ii) Use in or with commodities not 

enumerated on the CCL or the USML; or 

(5) Was or is being developed with no 

reasonable expectation of use for a 

particular application. 

Note 1: ‘Enumerated’ means any item (i) on 

either the USML or CCL not controlled in a 

‘catch-all’ paragraph and (ii) when on the 

CCL, controlled by an ECCN for more than 

AT-only reasons, except in the context of 

paragraph (b)(3), where an item in an ECCN 

controlled only for AT reasons is considered 

enumerated when it is not controlled in a 

‘catch-all’ paragraph. An example of an 

‘enumerated’ ECCN is 2A226, which controls 

valves with the following three 

characteristics: a ‘‘nominal size’’ of 5 mm or 

greater; having a bellows seal; and wholly 

made of or lined with aluminum, aluminum 

alloy, nickel, or nickel alloy containing more 

than 60% nickel by weight. The CCL also 

contains notes excluding from control parts 

and components ‘‘specially designed’’ for 

uncontrolled items. Such uncontrolled items 

are merely ‘referenced’ and are not 

‘enumerated.’ Note 2 to ECCN 1A002 is an 

example of items excluded from control 

based on being ‘‘specially designed’’ for a 

referenced item. 

Note 2: A ‘catch-all’ paragraph is one that 

does not refer to specific types of parts, 

components, accessories, or attachments but 

rather controls non-specific ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ or 

‘‘attachments’’ because they were ‘‘specially 

designed’’ for an enumerated item. For 

example, ECCN paragraph 9A610.x is a 

catch-all, because it controls ‘‘parts,’’ 

‘‘components,’’ ‘‘accessories,’’ and 

‘‘attachments’’ ‘‘specially designed’’ for 

military aircraft, but does not identify 

specific types of parts, components, 

accessories, or attachments within its control. 

Another example of a ‘catch-all’ is the 

heading of 7A102, which controls ‘‘specially 

designed’’ components for the gyros 

enumerated in 7A102, but does not identify 

the specific types of components within its 

control. 

Note to paragraph (a)(1): Items that as a 

result of ‘‘development’’ have properties 

peculiarly responsible for achieving or 

exceeding the performance levels, functions 

or characteristics in a relevant ECCN 

paragraph may have properties shared by 

different products. For example, ECCN 

2B007.a controls ‘‘robots’’ capable in real 

time of full three-dimensional image 

processing or full-three dimensional ‘scene 

analysis’ to generate or modify ‘‘programs’’ or 

to generate or modify numerical program 

data [and specially designed controllers and 

‘‘end effectors’’ therefor]. An example of a 

component not meeting the peculiarly 

responsible standard under paragraph (a)(1) 

is a component that as a result of 

‘‘development’’ has properties that allow the 

component to conduct 2D image processing 

for use in a ‘‘robot.’’ This component is not 

‘‘specially designed’’ for purposes of 2B007.a 

because the component even if used in a 

‘‘robot’’ does not have properties peculiarly 

responsible for a ‘‘robot’’ achieving or 

exceeding the performance levels, functions 

or characteristics in 2B207.a. Conversely, 

another component that as a result of 

‘‘development,’’ has properties that allow the 

component to perform in real time of full 

three-dimensional image processing for use 

in a ‘‘robot,’’ is an example of a component 

that is peculiarly responsible because as a 

result of ‘‘development’’ the component has 

a direct and proximate causal relationship in 

the ‘‘robot’’ that is central or special for 

achieving or exceeding the performance 

levels, functions or characteristics identified 

in 2B207.a. 

Note to paragraph (b)(3): Commodities in 

‘‘production’’ that are subsequently subject to 

‘‘development’’ activities, such as those 

pertaining to quality improvements, cost 

reductions, or feature enhancements, remain 

in ‘‘production.’’ However, any new models 

or versions of such commodities developed 

from such efforts that change the basic 

performance or capability of the commodity 

are in ‘‘development’’ until and unless they 

enter into ‘‘production.’’ 

Note to paragraph (b)(4) and (b)(5): For a 

commodity not to be ‘‘specially designed’’ on 

the basis of paragraphs (b)(4) or (b)(5), 

documents contemporaneous with its 

‘‘development,’’ in their totality, must 

establish the elements of paragraphs (b)(4) or 

(b)(5). Such documents may include concept 

design information, marketing plans, 

declarations in patent applications, or 

contracts. Absent such documents, the 

‘‘commodity’’ may not be excluded from 

being ‘‘specially designed’’ by either 

paragraph (b)(4) or (b)(5). 

Note to paragraph (b)(5): If you have 

‘‘knowledge’’ that the commodity was or is 

being developed for a particular application, 

you may not rely on paragraph (b)(5) to 

conclude that the commodity was or is not 

‘‘specially designed.’’ 

* * * * * 

PART 774—[AMENDED] 

3. The authority citation for 15 CFR 

part 774 continues to read as follows: 

Authority: 50 U.S.C. app. 2401 et seq.; 50 

U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. 

7430(e); 22 U.S.C. 287c, 22 U.S.C. 3201 et 

seq., 22 U.S.C. 6004; 30 U.S.C. 185(s), 185(u); 

42 U.S.C. 2139a; 42 U.S.C. 6212; 43 U.S.C. 

1354; 15 U.S.C. 1824a; 50 U.S.C. app. 5; 22 

U.S.C. 7201 et seq.; 22 U.S.C. 7210; E.O. 

13026, 61 FR 58767, 3 CFR, 1996 Comp., p. 

228; E.O. 13222, 66 FR 44025, 3 CFR, 2001 

Comp., p. 783; Notice of August 12, 2011, 76 

FR 50661 (August 16, 2011). 

Supplement No. 1 to Part 774 

[Amended] 

4. In Supplement No. 1 to part 774 

(the Commerce Control List) wherever 

the term ‘‘specially designed’’ occurs, 

add quotation marks around the term 

‘‘specially designed.’’ 

Dated: June 6, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–14475 Filed 6–15–12; 11:15 am] 

BILLING CODE 3510–33–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 120426028–1028–01] 

RIN 0694–AF68 

Feasibility of Enumerating ‘‘Specially 

Designed’’ Components 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Advanced notice of proposed 

rulemaking (ANPRM). 

SUMMARY: As part of the President’s 

Export Control Reform (ECR) Initiative, 

this ANPRM requests comments on the 

feasibility of positively identifying 

‘‘specially designed’’ ‘‘components’’ on 

the Commerce Control List (CCL) so as 

to decrease the use of the term, which 

appears extensively throughout the CCL, 


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and thereby facilitate enhanced public 

compliance with the Export 

Administration Regulations. 

Specifically, the Bureau of Industry and 

Security (BIS) is evaluating whether it is 

feasible to create exhaustive lists of the 

‘‘specially designed’’ ‘‘components’’ 

referred to in certain Export Control 

Classification Numbers on the CCL that 

currently use ‘‘specially designed’’ 

catch-all paragraphs, and seeks public 

input to assist in this evaluation. If BIS 

ultimately determines that such lists 

might be beneficial, it intends to submit 

these findings to the appropriate 

multilateral export control regimes in 

the normal course of list proposal 

changes. The request for comments in 

this ANPRM is part of Commerce’s 

retrospective plan under EO 13563 

completed in August 2011. Commerce’s 

full plan can be accessed at: http:// 

open.commerce.gov/news/2011/08/23/ 

commerce-plan-retrospective-analysisexisting-rules. 

DATES: Comments must be received by 

BIS no later than September 17, 2012. 

ADDRESSES: Comments on this advanced 

notice of proposed rulemaking may be 

submitted to the Federal rulemaking 

portal (www.regulations.gov). The 

regulations.gov ID for this rule is: BIS– 

2012–0022. Written comments on this 

advanced notice of proposed 

rulemaking may also be submitted via 

email to publiccomments@bis.doc.gov 

or on paper to Regulatory Policy 

Division, Bureau of Industry and 

Security, Room 2099B, U.S. Department 

of Commerce, 14th St. and Pennsylvania 

Ave. NW., Washington, DC 20230. 

Please refer to RIN 0694–AF68 in all 

comments and in the subject line of 

email comments. All comments must be 

in writing. All comments (including any 

personal identifiable information) will 

be available for public inspection and 

copying. Those wishing to comment 

anonymously may do so by submitting 

their comment via regulations.gov and 

leaving the fields for identifying 

information blank. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mooney, Regulatory Policy 

Division, Bureau of Industry and 

Security, Department of Commerce, 

Phone: (202) 482–2440, Fax: (202) 482– 

3355, Email: 

timothy.mooney@bis.doc.gov. 

SUPPLEMENTARY INFORMATION

Background 

This ANPRM requests comments on a 

longer-term project involving 

minimizing the use of the term 

‘‘specially designed’’ on the current 

Commerce Control List (CCL) by 

specifically identifying ‘‘components.’’ 

Specifically listing ‘‘components,’’ with 

multilateral agreement where 

appropriate, would make the CCL a 

more positive list. 

As part of the implementation of the 

Export Control Reform (ECR) Initiative, 

the Departments of Commerce and State 

published rules that proposed, as much 

as possible, a common definition of the 

term ‘‘specially designed.’’ A common 

definition of ‘‘specially designed’’ 

would protect and enhance U.S. 

national security interests because the 

term ‘‘specially designed’’ would be 

used in the ‘‘600 series’’ that would be 

created to control United States 

Munitions List (USML) items moved to 

the CCL. In addition, the term ‘‘specially 

designed’’ is used widely on the current 

CCL. 

The request for comments in this 

ANPRM is part of Commerce’s 

retrospective plan under EO 13563 

completed in August 2011. Commerce’s 

full plan can be accessed at: http:// 

open.commerce.gov/news/2011/08/23/ 

commerce-plan-retrospective-analysisexisting-rules. 

Request for Comments on the 

Feasibility of Enumerating ‘‘Specially 

Designed’’ ‘‘Components’’ 

This ANPRM requests comments on 

the use of the term ‘‘specially designed’’ 

when applied to ‘‘components’’ outside 

of the ‘‘600 series’’ on the CCL. 

Specifically, the Bureau of Industry and 

Security is evaluating whether it is 

feasible to create exhaustive lists of the 

‘‘specially designed’’ ‘‘components’’ in 

certain Export Control Classification 

Numbers on the CCL that currently use 

‘‘specially designed’’ catch-all 

paragraphs. BIS does not believe a 

similar approach is needed for ‘‘parts’’ 

controlled on the CCL, but BIS also 

requests public comments regarding 

whether a similar approach should also 

be evaluated for ‘‘parts’’ controlled on 

the CCL. 

Ultimately, any changes to 

multilaterally-controlled CCL entries 

would be made in cooperation with the 

multilateral export control regimes. This 

longer-term project may result 

eventually in a reduction in the use of 

the term ‘‘specially designed’’ outside of 

the ‘‘600 series’’ on the CCL if 

exhaustive lists of such ‘‘components’’ 

can be identified and specified. To 

assist the public, BIS has identified the 

set of ECCN entries that are the best 

candidates for taking this approach. 

Most of the public comments and 

concerns about the July 15 proposed 

‘‘specially designed’’ definition 

included in the rule, Proposed Revisions 

to the Export Administration 

Regulations (EAR): Control of Items the 

President Determines No Longer 

Warrant Control Under the United 

States Munitions List (USML) (76 FR 

41958) revolved around references in 

the application of the definition to 

existing CCL controls on ‘‘components’’ 

‘‘specially designed’’ for a particular 

‘‘end item’’ or purpose. Minimizing use 

of the term ‘‘specially designed’’ by 

specifically listing controlled 

‘‘components’’ may address some of 

these concerns. 

As described below, BIS parsed the 

CCL and removed all text that does not 

directly describe controls on 

‘‘components’’ ‘‘specially designed’’ for 

an end item or purpose. To make the 

analysis easier and more relevant to the 

proposed definition of ‘‘specially 

designed,’’ BIS has not included in this 

ANPRM references to such controls in 

ECCNs that are controlled for only antiterrorism reasons, because the number 

of circumstances where a licensing 

determination would be affected by 

whether a component is EAR99 or ATonly controlled is relatively small. 

BIS has also not included in this 

ANPRM the ECCNs where a component 

is solely or primarily controlled for 

Missile Technology (MT) reasons or 

where the MT controls overlap other 

controls, such as National Security (NS) 

controls. Because the EAR has adopted 

the Missile Technology Control 

Regime’s definition of the term for such 

controls, BIS needs to further evaluate 

whether those ECCNs controlled for MT 

reasons would also be good candidates 

for specifically identifying 

‘‘components.’’ In responding to this 

ANPRM, the public may also submit 

comments regarding whether they 

believe a similar approach would also 

be feasible for items controlled for MT 

reasons, which BIS will factor into the 

evaluation for the scope of this review 

project going forward. 

Unlike the USML, the CCL does not 

contain a broad catch-all control on 

essentially all ‘‘components’’ ‘‘specially 

designed’’ for any other item identified 

on the CCL. You must carefully read 

each heading and each subparagraph. 

Some catch-all controls are in the 

heading and apply by reference to all 

items described in the subparagraphs, 

such as in ECCN 3B001. Other headings 

merely refer to the fact that some of the 

subparagraphs contain catch-all controls 

‘‘as follows,’’ such as ECCN 2B001 

where only its subparagraph ‘‘f’’ 

contains controls on ‘‘specially 

designed’’ ‘‘components.’’ (The fact that 

a ‘‘specially designed’’ ‘‘component’’ 

control exists in some of an ECCN’s 

subparagraphs means, by negative 

implication, that such controls do not 

exist in the other subparagraphs in the 


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same ECCN.) Some ECCN headings do 

not refer to catch-all controls but 

individual subparagraphs do, such as in 

ECCN 8A002.a. Some ECCNs refer to 

specific types of ‘‘components’’ 

‘‘specially designed’’ for other items in 

that ECCN, such as 2B005, which limits 

its ‘‘component’’ controls to ‘‘specially 

designed automated handling, 

positioning, manipulation and control 

components.’’ 

Finally, a few ECCNs, such as 3A292, 

contain a specific, positive list of the 

types of components that are within the 

scope of that ECCN’s controls on 

‘‘specially designed’’ ‘‘components.’’ 

Specifically, 3A292 contains a ‘‘note’’ 

stating that ‘‘[s]pecially designed 

components controlled by this item are 

the following, for analog oscilloscopes: 

1. Plug-in units; 2. External amplifiers; 

3. Pre-amplifiers; 4. Sampling devices; 

5. Cathode ray tubes.’’ Thus, only those 

particularly identified components are 

controlled in that ECCN. Another 

example is ECCN 6A002. ECCN 

6A002.a.2 controls ‘‘components’’ 

‘‘specially designed’’ for ‘‘image 

intensifier tubes’’ described in ECCN 

6A002.a.2.a. These components are 

described in three subparagraphs that 

specify the specially designed 

components under paragraph a.2.b, as 

follows: 1. Microchannel plates having 

a hole pitch (center-to-center spacing) of 

12 mm or less; 2. GaAs or GaInAs 

photocathodes; and 3. Other III–V 

compound semiconductor 

photocathodes. To further refine what 

are considered specially designed 

components, a ‘‘note’’ specifies that 

‘‘6A002.a.2.b.3 does not control 

compound semiconductor 

photocathodes with a maximum radiant 

sensitivity of 10 mA/W or less.’’ 

Request for Comments 

BIS seeks the advice and suggestions 

of the public regarding whether 

identifying the specific types of 

‘‘components’’ controlled by the ECCNs 

identified below would be of assistance 

to exporters. If so, BIS requests public 

comment regarding the ‘‘components’’ 

that should be identified in a positive 

list within the scope of the ‘‘specially 

designed’’ controls of the ECCNs 

identified below. In addition to the 

ECCNs identified below, the public may 

also submit public comments on other 

‘‘specially designed’’ ‘‘component’’ 

references on the CCL where the public 

believes a similar approach of 

identifying the specific types of 

‘‘components’’ would be feasible. If a 

list of such components could be 

created, the United States could 

consider developing proposals for the 

relevant multilateral export control 

regimes to control only those 

‘‘components’’ within the scope of the 

relevant ECCNs. BIS does not believe a 

similar approach is needed for ‘‘parts’’ 

controlled on the CCL, but BIS also 

requests public comments regarding 

whether a similar approach should also 

be evaluated for ‘‘parts’’ controlled on 

the CCL. 

BIS is particularly interested in 

comments from those with technical 

expertise related to or experience with 

classifying items identified below to 

provide advice on those items. The 

identified ‘‘components’’ should be 

those that have specific performance 

parameters or functions which make 

them particularly suitable for use in the 

controlled items. They should also 

include those ‘‘components’’ that are the 

essence of the controlled end item. 

CCL Entries Where the U.S. 

Government Is Evaluating the 

Feasibility of Enumerating ‘‘Specially 

Designed’’ ‘‘Components’’ 

In the following list, BIS identifies 

ECCNs containing a control on a generic 

‘‘component’’ ‘‘specially designed’’ for 

another item. The list does not include 

any references to any explanatory notes 

that may be germane to classifying an 

item against the ECCN. Thus, when 

preparing your suggested positive list of 

components for BIS to consider 

inserting into the ECCN, please read the 

whole ECCN for context. 

For purposes of this ANPRM, BIS is 

using the definition of ‘‘component’’ 

from the July 15 proposed rule, as 

follows: 

‘‘Component.’’ This is an item that is 

useful only when used in conjunction 

with an ‘‘end item.’’ Components are 

also commonly referred to as 

assemblies. For purposes of this 

definition an assembly and a component 

are the same. There are two types of 

‘‘components’’: ‘‘Major components’’ 

and ‘‘minor components.’’ A ‘‘major 

component’’ includes any assembled 

element which forms a portion of an 

‘‘end item’’ without which the end item 

is inoperable. For example, for an 

automobile, components will include 

the engine, transmission, and battery. If 

you do not have all those items, the 

automobile will not function, or 

function as effectively. A ‘‘minor 

component’’ includes any assembled 

element of a ‘‘major component.’’ 

‘‘Components’’ consist of ‘parts.’ ’’ 

References in the CCL to ‘‘components’’ 

include both ‘‘major components’’ and 

‘‘minor components.’’ 

List of ECCN ‘‘Specially Designed’’ 

Paragraphs 

1. ECCN 1A004.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘gas masks, filter canisters and 

decontamination equipment therefor, 

designed or modified for defense 

against’’ (1) ‘‘biological agents ‘adapted 

for use in war;’ ’’ (2) ‘‘radioactive 

materials ‘adapted for use in war;’ ’’ (3) 

‘‘chemical warfare (CW) agents;’’ or (4) 

specific ‘‘riot control agents’’ listed in 

ECCN 1A004.a.4. 

2. ECCN 1A004.c controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[d]etection systems, specially designed 

or modified for detection or 

identification of’’ (1) ‘‘[b]iological agents 

‘adapted for use in war;’ ’’ (2) 

‘‘[r]adioactive materials ‘adapted for use 

in war;’ ’’ or (3) ‘‘[c]hemical warfare 

(CW) agents.’’ 

3. ECCN 1A006 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘remotely operated vehicles’’ and 

‘‘disruptors’’ ‘‘specially designed or 

modified for the disposal of improvised 

explosive devices.’’ 

4. ECCN 1A008.b controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘linear shaped cutting charges’’ that 

have ‘‘an explosive load greater than 40 

g/m’’ and ‘‘a width of 10 mm or more.’’ 

5. ECCN 1B001.e controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[e]quipment for producing prepregs 

controlled by 1C010.e by the hot melt 

method.’’ 

6. ECCN 1B001.f controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[n]on-destructive inspection 

equipment specially designed for 

‘composite’ materials’’ as described in 

ECCN 1B001.f.1 and f.2. 

7. ECCN 1B003.c controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[t]ools, dies, molds or fixtures, for 

‘superplastic forming’ or ‘diffusion 

bonding’ titanium, aluminum or their 

alloys, specially designed for the 

manufacture of’’ ‘‘airframe or aerospace 

structures’’ or ‘‘aerospace engines.’’ 

8. ECCN 2B003 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘ ‘‘[n]umerically controlled’ or manual 

machine tools * * * specially designed 

for the shaving, finishing, grinding or 

honing of hardened (Rc = 40 or more) 

spur, helical and double-helical gears 

with a pitch diameter exceeding 1,250 

mm and a face width of 15% of pitch 

diameter or larger finished to a quality 

of AGMA 14 or better (equivalent to ISO 

1328 class 3).’’ 

9. ECCN 3A001.c controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[a]coustic wave devices’’ that have any 

of the characteristics described in 

3A001.c.1.a., c.1.b., c.1.c, c.2 or c.3. 


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10. ECCN 3A003 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[s]pray cooling thermal management 

systems employing closed loop fluid 

handling and reconditioning equipment 

in a sealed enclosure where a dielectric 

fluid is sprayed onto electronic 

components using specially designed 

spray nozzles that are designed to 

maintain electronic components within 

their operating temperature range.’’ 

11. ECCN 3A292.d controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[d]igital oscilloscopes and transient 

recorders, using analog-to-digital 

conversion techniques, capable of 

storing transients by sequentially 

sampling single-shot inputs at 

successive intervals of less than 1 ns 

(greater than 1 giga-sample per second), 

digitizing to 8 bits or greater resolution 

and storing 256 or more samples.’’ 

12. ECCN 3B001.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘equipment designed for epitaxial 

growth as follows:’’ (1) ‘‘[e]quipment 

capable of producing a layer of any 

material other than silicon with a 

thickness uniform to less than ±2.5% 

across a distance of 75 mm or more;’’ (2) 

‘‘Metal Organic Chemical Vapor 

Deposition (MOCVD) reactors specially 

designed for compound semiconductor 

crystal growth by the chemical reaction 

between materials controlled by 3C003 

or 3C004;’’ or (3) ‘‘[m]olecular beam 

epitaxial growth equipment using gas or 

solid sources.’’ 

13. ECCN 3B001.b. controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[e]quipment designed for ion 

implantation and having any of the 

following:’’ (1) ‘‘[a] beam energy 

(accelerating voltage) exceeding 1MeV;’’ 

(2) ‘‘[b]eing specially designed and 

optimized to operate at a beam energy 

(accelerating voltage) of less than 2 

keV;’’ (3) ‘‘[d]irect write capability;’’ or 

(4) ‘‘beam energy of 65 keV or more and 

a beam current of 45 mA or more for 

high energy oxygen implant into a 

heated semiconductor material 

‘substrate.’ ’’ 

14. ECCN 3B001.c. controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[a]nisotropic plasma dry etching 

equipment’’ having all the following: 

(1) ‘‘[d]esigned or optimized to produce 

critical dimensions of 65 nm or less;’’ 

and (2) ‘‘[w]ithin wafer non-uniformity 

equal to or less than 10% 3s measured 

with an edge exclusion of 2 mm or 

less.’’ 

15. ECCN 3B001.e controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[a]utomatic loading multi-chamber 

central wafer handling systems’’ having 

(1) ‘‘[i]nterfaces for wafer input and 

output, to which more than two 

functionally different ‘semiconductor 

process tools’ controlled by 3B001.a, 

3B001.b, 3B001.c or 3B001.d are 

designed to be connected;’’ and (2) 

‘‘[d]esigned to form an integrated system 

in a vacuum environment for ‘sequential 

multiple wafer processing.’ ’’ 

16. ECCN 3B001.f.1 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[l]ithography equipment’’ that 

‘‘[a]lign[s] and expose[s] step and repeat 

(direct step on wafer) or step and scan 

(scanner) equipment for wafer 

processing using photo-optical or X-ray 

methods and having’’ any of the 

following (a) ‘‘light source wavelength 

shorter than 245 nm;’’ or (b) ‘‘[c]apable 

of producing a pattern with a ‘Minimum 

Resolvable Feature size’ (MRF) of 95 nm 

or less.’’ 

17. ECCN 3B001.f.2 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[i]mprint lithography equipment 

capable of production features of 95 nm 

or less’’ described in ECCN 3B001.f.2. 

18. ECCN 3B001.f.3 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[e]quipment specially designed for 

mask making or semiconductor device 

processing using direct writing 

methods, having’’ all the characteristics 

described in ECCN 3B001.f.3.a. and any 

of the characteristics described in .b. 

19. ECCN 3B002 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[t]est equipment specially designed for 

testing finished or unfinished 

semiconductor devices as follows 

* * *’’ (1) ‘‘[f]or testing S-parameters of 

transistor devices at frequencies 

exceeding 31.8 GHz;’’ or (2) ‘‘[f]or 

testing microwave integrated circuits 

controlled by 3A001.b.2.’’ 

20. ECCN 4A003.c controls 

‘‘ ‘[e]lectronic assemblies’ specially 

designed or modified to be capable of 

enhancing performance by aggregation 

of processors so that the ‘APP’ of the 

aggregation exceeds the limit in 

4A003.b.’’ 

21. ECCN 4A003.e controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[e]quipment performing analog-todigital conversions exceeding the limits 

in 3A001.a.5.’’ 

22. ECCN 4A003.g controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[e]quipment specially designed for 

aggregating the performance of ‘digital 

computers’ by providing external 

interconnections which allow 

communications at unidirectonal data 

rates exceeding 2.0 Gbyte/s per link.’’ 

23. ECCN 4A004 controls 

‘‘components’’ ‘‘specially designed’’ for 

(a) ‘‘[s]ystolic array computers;’’ (b) 

‘‘[n]eural computers;’’ and (c) ‘‘[o]ptical 

computers.’’ 

24. ECCN 5A001.b controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘telecommunication systems and 

equipment, having any of 

‘‘characteristics, functions or features’’ 

described in ECCN 5A001.b.1, b.2, b.3, 

b.4, b.5, or b.6. 

25. ECCN 5A001.e controls 

‘‘components’’ ‘‘specially designed’’ for 

radio direction finding equipment 

operating at frequencies above 30 MHz 

and having (1) ‘‘ ‘instantaneous 

bandwidth’ of 10 MHz or more;’’ and (2) 

‘‘capable of finding a Line Of Bearing 

(LOB) to non-cooperating radio 

transmitters with a signal duration of 

less than 1 ms.’’ 

26. ECCN 5A001.f controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘[j]amming equipment specially 

designed or modified to intentionally 

and selectively interfere with, deny, 

inhibit, degrade or seduce mobile 

telecommunication services and’’ (1) 

‘‘simulate the functions of Radio Access 

Network (RAN) equipment;’’ (2) ‘‘detect 

and exploit specific characteristics of 

the mobile telecommunications protocol 

employed (e.g., GSM);’’ or (3) ‘‘exploit 

specific characteristics of the mobile 

telecommunications protocol employed 

(e.g., GSM).’’ 

27. ECCN 5B001.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘equipment * * * specially designed 

for the ‘development’, ‘production’ or 

‘use’ of equipment, functions or 

features, controlled by 5A001.’’ 

28. ECCN 5B001.b controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘equipment * * * specially designed 

for the ‘development’ of any of the 

following telecommunication 

transmission or switching equipment’’ 

‘‘employing a ‘laser’ ’’ and (a) having ‘‘a 

transmission wavelength exceeding 

1750 nm;’’ (b) ‘‘performing ‘optical 

amplification’ using PraseodymiumDoped Fluoride Fiber Amplifiers 

(PDFFA);’’ (c) ‘‘employing coherent 

optical transmission or coherent optical 

detection techniques (also called optical 

heterodyne or homodyne techniques);’’ 

or (d) ‘‘employing analog techniques 

and having a bandwidth exceeding 2.5 

GHz.’’ 

29. ECCN 5B001.b also controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘equipment * * * specially designed 

for the ‘development’ of any of the 

following telecommunication 

transmission or switching equipment’’ 

(a) ‘‘radio equipment employing 

Quadrature-Amplitude-Modulation 

(QAM) techniques above level 256;’’ or 

(b) ‘‘equipment employing ‘common 

channel signaling’ operating in nonassociated mode of operation.’’ 


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Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Proposed Rules 36423 

1Public Law 102–486, 106 Stat. 2776 (1992). 

2 42 U.S.C. 13232(a). 

3 60 FR 26926 (May 19, 1995). 

4The Rule requires manufacturers to have a 

reasonable basis for the vehicle cruising range, and, 

for certain AFVs, specifies the test method for 

calculating that range. 16 CFR 309.22. 

30. ECCN 5A002.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘systems, equipment, application 

specific ‘electronic assemblies’, modules 

and integrated circuits for ‘information 

security’ ’’ if they were also ‘‘specially 

designed for ‘information security.’ ’’ 

31. ECCN 6A001.a.1 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘marine acoustic systems’’ that are 

within the scope of ECCN 6A001.a.1.a, 

a.1.b, a.1.c., a.1.d, or a.1.e. 

32. ECCN 6A001.a.2 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘passive systems’’ described in 

6A001.a.2.a, a.2.b, a.2.c., a.2.d, a.2.e, or 

a.2.f. 

33. ECCN 6A004.a.1 controls 

‘‘components’’ ‘‘ ‘specially designed’ for 

‘deformable mirrors’ having either 

continuous or multi-element surfaces 

* * * capable of dynamically 

repositioning portions of the surface of 

the mirror at rates exceeding 100 Hz.’’ 

34. ECCN 6A005.e.2. controls 

‘‘components’’ (optical mirrors, 

transmissive or partially transmissive 

optical or electro-optical components) 

‘‘specially designed’’ for use with 

controlled lasers. 

35. ECCN 6A203.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘mechanical rotating mirror cameras’’ 

that are (1) ‘‘framing cameras with 

recording rates greater than 225,000 

frames per second;’’ or (2) ‘‘streak 

cameras with writing speeds greater 

than 0.5 mm per microsecond.’’ 

36. ECCN 6A998.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘airborne radar equipment, n.e.s.’’ 

37. ECCN 6A998.b controls 

‘‘components’’ ‘‘specially designed for 

‘‘ ‘space-qualified’ ‘laser’ radar or Light 

Detection and Ranging (LIDAR) 

equipment specially designed for 

surveying or for meteorological 

observation.’’ 

38. ECCN 7A008 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘underwater sonar navigation systems 

using Doppler velocity or correlation 

velocity logs integrated with a heading 

source and having a positioning 

accuracy of equal to or less (better) than 

3% of distance traveled ‘Circular Error 

Probable’ (‘CEP’).’’ 

39. ECCN 8A002.a controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘submersible vehicles and designed to 

operate at depths exceeding 1,000 m’’ 

that have (1) ‘‘pressure housings or 

pressure hulls with a maximum inside 

chamber diameter exceeding 1.5 m,’’ (2) 

‘‘direct current propulsion motors or 

thrusters,’’ (3) ‘‘umbilical cables, and 

connectors therefor, using optical fiber 

and having synthetic strength 

members,’’ and (4) ‘‘components 

manufactured from material specified 

by ECCN 8C001.’’ 

40. ECCN 9A002 controls 

‘‘components’’ ‘‘specially designed’’ for 

‘‘ ‘marine gas turbine engines’ with an 

ISO standard continuous power rating 

of 24,245 kW or more and a specific fuel 

consumption not exceeding 0.219 kg/ 

kWh in the power range from 35 to 

100%.’’ 

41. ECCN 9A003.a controls 

‘‘components’’ and ‘‘assemblies’’ that 

‘‘incorporat[e] any of the ‘technologies’ 

controlled by 9E003.a, 9E003.h or 

9E003.i’’ and were ‘‘specially designed’’ 

for gas turbine engines ‘‘controlled by 

ECCN 9A001.’’ 

42. ECCN 9A003.b controls 

‘‘components’’ and ‘‘assemblies’’ that 

‘‘incorporat[e] any of the ‘technologies’ 

controlled by 9E003.a, 9E003.h or 

9E003.i’’ and ‘‘whose design or 

production origins are either countries 

in Country Group D:1 or unknown to 

the manufacturer.’’ 

Comments should be submitted to BIS 

as described in the ADDRESSES section of 

this notice by September 17, 2012. 

Dated: June 6, 2012. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2012–14473 Filed 6–15–12; 11:15 am] 

BILLING CODE 3510–33–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 309 

Labeling Requirements for Alternative 

Fuels and Alternative Fueled Vehicles 

AGENCY: Federal Trade Commission 

(FTC or Commission). 

ACTION: Notice of proposed rulemaking; 

request for public comments. 

SUMMARY: The Commission seeks public 

comment on two amendments to its 

‘‘Labeling Requirements for Alternative 

Fuels and Alternative Fueled Vehicles’’ 

(‘‘Alternative Fuels Rule’’ or ‘‘Rule’’). 

Specifically, the proposed amendments 

consolidate the FTC’s alternative fueled 

vehicle (AFV) labels with new fuel 

economy labels required by the 

Environmental Protection Agency (EPA) 

and the National Highway Traffic Safety 

Administration (NHTSA) and eliminate 

FTC requirements for used AFV labels. 

DATES: Written comments must be 

received on or before August 17, 2012. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form by 

following the instructions in section V 

of the SUPPLEMENTARY INFORMATION

section below. Comments in electronic 

form should be submitted using the 

following weblink https:// 

ftcpublic.commentworks.com/ftc/ 

atlfuelslabelingnprm (and following the 

instructions on the web-based form). 

Comments filed in paper form should be 

mailed or delivered to the following 

address: Federal Trade Commission, 

Office of the Secretary, Room H–113 

(Annex N), 600 Pennsylvania Avenue 

NW., Washington, DC 20580, in the 

manner detailed in the SUPPLEMENTARY

INFORMATION section below. 

FOR FURTHER INFORMATION CONTACT: 

Hampton Newsome, (202) 326–2889, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania 

Avenue NW., Washington, DC 20580. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Energy Policy Act of 1992 

(‘‘EPAct 92’’ or ‘‘Act’’) 1 established 

federal programs that encourage the 

development of alternative fuels and 

alternative fueled vehicles (AFVs). 

Section 406(a) of the Act directed the 

Commission to establish uniform 

labeling requirements for alternative 

fuels and AFVs. Under the Act, such 

labels must provide ‘‘appropriate 

information with respect to costs and 

benefits [of alternative fuels and AFVs], 

so as to reasonably enable the consumer 

to make choices and comparisons.’’ In 

addition, the required labels must be 

‘‘simple and, where appropriate, 

consolidated with other labels providing 

information to the consumer.’’ 2

In response to EPAct 92, the 

Commission published the Alternative 

Fuels Rule in 1995.3 The Rule requires 

labels on new and used AFVs that run 

on liquid and non-liquid fuels, such as 

ethanol and other alcohols including 

E85 ethanol-gasoline mixtures, natural 

gas, liquefied petroleum gas, hydrogen, 

coal-derived liquid fuels, fuels derived 

from biological materials (e.g., 100% 

biodiesel), and electricity. The labels for 

new AFVs disclose the vehicle’s 

estimated cruising range (i.e., the travel 

distance on a single charge or tank of 

fuel), general factors consumers should 

consider before buying an AFV, and toll 

free telephone numbers and Web sites 

for additional information from the 

Department of Energy (DOE) and 

NHTSA.4 Labels for used AFVs contain 


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