Vol. 78 Thursday, 

No. 119 June 20, 2013 

Part IV 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742 et al. 

Wassenaar Arrangement 2012 Plenary Agreements Implementation: 

Commerce Control List, Definitions, and Reports; Final Rule 

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37372 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 738, 740, 742, 743, 746, 

752, 770, 772, and 774 

[Docket No. 121207691–3383–02] 

RIN 0694–AF83 

Wassenaar Arrangement 2012 Plenary 

Agreements Implementation: 

Commerce Control List, Definitions, 

and Reports 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: The Bureau of Industry and 

Security (BIS) maintains, as part of its 

Export Administration Regulations 

(EAR), the Commerce Control List 

(CCL), which identifies certain of the 

items subject to Department of 

Commerce jurisdiction. This final rule 

revises the CCL to implement changes 

made to the Wassenaar Arrangement’s 

List of Dual-Use Goods and 

Technologies (Wassenaar List) 

maintained and agreed to by 

governments participating in the 

Wassenaar Arrangement on Export 

Controls for Conventional Arms and 

Dual-Use Goods and Technologies 

(Wassenaar Arrangement, or WA) at the 

December 2012 WA Plenary Meeting 

(the Plenary). The Wassenaar 

Arrangement advocates implementation 

of effective export controls on strategic 

items with the objective of improving 

regional and international security and 

stability. This rule harmonizes the CCL 

with the changes made to the WA List 

at the Plenary by revising ECCNs 

controlled for national security reasons 

in each category of the CCL, except 

category 8, as well as amending the 

General Software Note, WA reporting 

requirements, and definitions section in 

the EAR. BIS is adding unilateral 

controls to the CCL for specific software 

and technology for aviation control 

systems, which the WA agreements 

removed from the WA List, i.e., EAR 

national security controls. 

DATES: This rule is effective: June 20, 

2013. 

FOR FURTHER INFORMATION CONTACT: For 

general questions contact Sharron Cook, 

Office of Exporter Services, Bureau of 

Industry and Security, U.S. Department 

of Commerce at 202–482 2440 or by 

email: Sharron.Cook@bis.doc.gov. 

For technical questions contact: 

Categories 1 & 2: Michael Rithmire at 

202–482–6105. 

Category 3: Brian Baker at 202–482– 

5534. 

Categories 4 & 5: ITCD staff 202–482– 

0707. 

Category 6 (optics): Chris Costanzo at 

202–482–0718. 

Category 6 (lasers): Mark Jaso at 202– 

482–0987. 

Category 6 (sensors and cameras): John 

Varesi 202–482–1114. 

Category 7: Jaymi Love 202–482–6581. 

Category 9: Daniel Squire 202–482– 

3710. 

SUPPLEMENTARY INFORMATION: 

Background 

The Wassenaar Arrangement (WA) on 

Export Controls for Conventional Arms 

and Dual-Use Goods and Technologies 

is a group of 41 like-minded states 

committed to promoting responsibility 

and transparency in the global arms 

trade, and preventing destabilizing 

accumulations of arms. As a 

Participating State, the United States 

has committed to controlling for export 

all items on the WA control lists. The 

lists were first established in 1996 and 

have been revised annually thereafter. 

Proposals for changes to the WA control 

lists that achieve consensus are 

approved by Participating States at 

annual December Plenary meetings. 

Participating States are charged with 

implementing the agreed list changes as 

soon as possible after approval. 

Implementation of WA list changes 

ensures U.S. companies have a level 

playing field with their competitors in 

other WA member states. 

Revisions to the Commerce Control List 

Out of the 37 Export Control 

Classification Numbers (ECCNs) 

included in this rule, the following 28 

ECCNs on the Commerce Control List 

(CCL) are revised to implement the 

changes to the Wassenaar List of DualUse Goods and Technologies agreed to 

at the December 2012 WA Plenary 

meeting: ECCNs 1A004, 1C001, 2B001, 

2B006, 2D001, 2D002, 3A001, 3A002, 

3B001, 3C002, 4D001, 5A001, 5B001, 

5E001, 5A002, 5E002, 6A001, 6A002, 

6A005, 6C004, 6C005, 7A001, 7D003, 

7E001, 7E004, 9A001, 9A018 and 

9E003; and the following two (2) 

ECCNs, 2D003 and 7D004, are added to 

the CCL to implement the changes to the 

Wassenaar List of Dual-Use Goods and 

Technologies agreed to at the December 

2012 WA Plenary meeting. 

Corresponding changes related to the 

movement of 5A001.i to 5A001.f.1 are 

made to ECCNs 5A980, 5D001, 5D980, 

5E001and 5E980. 

This rule also makes additions to 

0D521 and 0E521 for ‘‘source code’’ for 

the ‘‘development’’ of fly-by-wire 

control systems and ‘‘technology’’ for 

fly-by-wire control systems, see 7D004 

for explanation. 

Category 1 Special Materials and 

Related Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins’’ 

1A004 (Protective and Detection 

Equipment and Components) 

In the introductory paragraph .a of the 

Items paragraph in the List of Items 

Controlled section, ‘‘Gas masks’’ is 

replaced by ‘‘Full face masks’’ and a 

Technical Note is added to explain that 

‘‘for the purpose of 1A004.a, full face 

masks are also known as gas masks.’’ 

The masks controlled in 1A004.a protect 

against more than just gases and the 

term gas masks has been replaced by 

full face masks in manufacture data 

sheets. This change in terminology does 

not change the scope of the control. 

In the Note at the end of the Items 

paragraph in the List of Items Controlled 

section, paragraph .b is amended by 

replacing ‘‘Equipment’’ with 

‘‘Occupational health or safety 

equipment’’ to clarify the scope of the 

exclusion Note. 

1C001 (Materials Specially Designed for 

Use as Absorbers of Electromagnetic 

Waves, or Intrinsically Conductive 

Polymers) 

Paragraph 1C001.b (Piezoelectric 

polymers and copolymers) of the Items 

paragraph in the List of Items Controlled 

section is amended by adding an 

exclusion Note for materials, specially 

designed or formulated for laser 

marking of polymers; or laser welding of 

polymers, because these materials are 

not used in military applications. 

Paragraph 1C001.c (Seals, gaskets, 

valve seats, bladders or diaphragms) of 

the Items paragraph in the List of Items 

Controlled section is amended by 

adding an exclusion Note for 1C001.c 

materials in liquid form, because the 

liquid form is not used in military 

applications but is used in commercial 

applications to make a transparent 

conductive layer. It is also used, for 

example, in the liquid crystal panel of 

televisions, personal computers, and 

other such commercial commodities. 

Category 2—Materials Processing 

2B001 (Machine Tools) 

The Header is amended to remove the 

phrase ‘‘and specially designed 

components’’ to harmonize with the 

changes to 2B001.f. 

The Unit paragraph of the List of 

Items Controlled section is amended by 

removing the phrase ‘‘components in $ 

value’’ to harmonize with the changes in 

2B001.f. Amendments to the Items 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37373 

paragraph of the List of Items controlled 

section in 2B001 are as follows. 

The exclusion Note 2 to 2B001 is 

amended by correcting the spelling of 

jewelry in paragraph .d and adding 

paragraph .e for dental prostheses. 

2B001.a (Machine tools for turning) is 

amended by revising the positioning 

accuracy in 2B001.a.1 from 4.5 mm to 

3.0 mm and moving the phrase 

‘‘according to ISO 230/2 (2006)’’ within 

that paragraph, and adding the phrase 

‘‘or national equivalents’’ to harmonize 

with WA agreed text. 

2B001.b (Machine tools for milling) is 

amended by revising the positioning 

accuracy in 2B001.b.1.a from 4.5 mm to 

3.0 mm and moving the phrase 

‘‘according to ISO 230/2 (2006)’’ within 

that paragraph, and adding the phrase 

‘‘or national equivalents’’ to harmonize 

with WA agreed text. 

2B001.b.2 (Five or more axes machine 

tools for milling) is amended by adding 

three paragraphs b.2.a, b.2.b and b.2.c 

with combinations of positioning 

accuracy and travel length parameters: 

equal to or less than 3.0 mm/less than 

1m, equal to or less than 4.5 mm/greater 

than 1m and less than 2 m, and equal 

to or less than 4.5 + 7x(L–2) mm (L is 

the travel length in meters)/equal to or 

greater than 2m, respectively. In 

addition, this rule moves the phrase 

‘‘according to ISO 230/2 (2006)’’ within 

b.2.b and b.2.c, and adds the phrase ‘‘or 

national equivalents’’ to harmonize with 

WA agreed text. A Note is added after 

b.2 to point people to 2B001.b.2.d for 

parallel mechanism machine tools. 

2B001.b.2.d is added to clarify that 

2B001 controls five or more axes 

machine tools for milling that are also 

‘parallel mechanism machine tools.’ A 

Technical Note accompanying this 

paragraph explains that a ‘parallel 

mechanism machine tool’ is a machine 

tool having multiple rods, which are 

linked with a platform and actuators; 

each of the actuators operates the 

respective rod simultaneously and 

independently. 

2B001.b.3 is amended by moving the 

phrase ‘‘according to ISO 230/2(2006)’’ 

in this paragraph and replacing ‘‘along 

any linear axis’’ with ‘‘along one or 

more linear axis’’ to clarify the control 

text. This rule also adds the phrase ‘‘or 

national equivalents’’ to harmonize with 

WA agreed text. 

2B001.b.4.b is amended by replacing 

the period with a semi-colon to correct 

the punctuation. 

2B001.f (Deep-hole-drilling machines 

and turning machines) is amended by 

removing the phrase ‘‘and specially 

designed components therefor,’’ because 

components for these machines are 

general and not specially designed. 

2B006 (Dimensional Inspection or 

Measuring Systems, Equipment, and 

‘‘Electronic Assemblies’’) 

2B006.b.1 (‘Linear displacement’ 

measuring instruments) is amended by 

adding a Note to reference 2B006.b.1.c 

for controls on displacement measuring 

‘‘laser’’ interferometers. 

2B006.c (Equipment for measuring 

surface roughness (including surface 

defects)) is amended by replacing 

‘‘irregularities’’ with ‘‘roughness 

(including surface defects)’’ and 

removing the phrase ‘‘as a function of 

angle.’’ This change will clarify the 

scope of controls to integrate some of 

the expanded abilities of measuring 

equipment. 

2D001 (‘‘Software’’ for ‘‘Development’’ 

and ‘‘Production’’ for Listed Category 2 

Equipment) 

The Header is simplified, because a 

more detailed description of controlled 

software is now in the Items paragraph 

of the List of Items Controlled section. 

The Items paragraph is amended by 

adding two paragraphs that split the 

controls that were previously in the 

Header, which separates ‘‘use’’ from 

‘‘development’’ or ‘‘production’’ 

software in order to move 2B002 ‘‘use’’ 

software from 2D001 to the new 2D003. 

Paragraph .a controls ‘‘development’’ or 

‘‘production’’ of equipment controlled 

by 2A001 or 2B001 to 2B009. Paragraph 

.b narrows the scope for ‘‘use’’ to 

equipment specified by 2A001.c, 2B001, 

or 2B003 to 2B009, which excludes 

most of 2A001 and all of 2B002 

(Numerically controlled optical 

finishing machine tools equipped for 

selective material removal * * *.). 

A Note is added to exclude ‘‘part 

programming ‘‘software’’ that generates 

‘‘numerical control’’ codes for 

machining various parts’’ from 2D001 

controls, because this software cannot 

directly operate the Computer Numeric 

Controller (CNC) equipment. 

2D002 (‘‘Software’’ for Electronic 

Devices, Even When Residing in an 

Electronic Device or System, Enabling 

Such Devices or Systems To Function as 

a ‘‘Numerical Control’’ Unit, Capable of 

Coordinating Simultaneously More 

Than 4 Axes for ‘‘Contouring Control’’) 

Note 1 is amended by replacing the 

word ‘‘controlled’’ with ‘‘specified’’ to 

harmonize with the WA list and clarify 

the meaning of the Note. 

Note 2 is amended by replacing the 

word ‘‘controlled’’ with ‘‘specified’’ in 

two places to harmonize with the WA 

list and clarify the meaning of the Note. 

Also, a reference to 2D003 is added. 

Note 3 is added to exclude ‘‘software’’ 

for the minimum necessary operation of 

machine tools not specified by Category 

2 when such ‘‘software’’ is exported 

with the machine tools. 

2D003 (‘‘Software’’, Designed or 

Modified for the Operation Of 

Equipment Specified by 2B002, That 

Converts Optical Design, Workpiece 

Measurements and Material Removal 

Functions Into ‘‘Numerical Control’’ 

Commands To Achieve the Desired 

Workpiece Form) 

ECCN 2D003 is added to control the 

‘‘use’’ software for 2B002 optical 

finishing machines, which is critical to 

the function of 2B002 machines. This 

ECCN is controlled for national security 

(NS2) and for anti-terrorism (AT1— 

Cuba, Iran, N. Korea, Syria and Sudan) 

reasons; see Supplement No. 1 to part 

738 of the EAR. License Exception TSR 

is available to countries in Country 

Group B (see Supp. No. 1 to Part 740), 

see § 740.6 of the EAR. 

Category 3—Electronics 

3A001 (Electronic Components and 

Specially Designed Components 

Therefor) and 3A002 (General Purpose 

Electronic Equipment and Accessories 

Therefor) 

3A001.a.7 (Field programmable logic 

devices) is amended by this rule. 

Paragraph a.7.a is revised by replacing 

‘‘digital input/outputs’’ with ‘‘singleended digital input/outputs,’’ which 

narrows the scope of control. The level 

of control is amended by revising the 

maximum number of single-ended 

digital input/outputs from ‘‘greater than 

200’’ to ‘‘500 or greater’’ to reflect the 

advances made in recent years to Field 

Programmable Gate Array (FPGA) 

devices and to remove controls on older 

devices. 

Paragraph a.7.b parameter ‘‘system 

gate count’’ is changed to ‘‘an ‘aggregate 

one-way peak serial transceiver data 

rate’ or 200 Gb/s or greater’’ to remove 

the arbitrary and problematic metric of 

system gates as a control parameter and 

replace it with a more modern and 

meaningful metric for FPGAs with 

embedded transceiver circuitry. 

A Technical Note is added to define 

‘Aggregate one-way peak serial 

transceiver data rate,’ which is the 

product of the peak serial one-way 

transceiver data rate times the number 

of transceivers on the FPGA. 

3A001.b.2 (Microwave ‘‘Monolithic 

Integrated Circuits’’ (MMIC) power 

amplifiers) is amended by adding -70 

dBm as an equivalent output power 

parameter to 0.1 nW in paragraph b.2.d, 

for consistency. 

The frequency of 37.5 is changed to 

37 GHz in paragraphs b.2.d and b.2.e. 

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37374 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

For many years, controls on microwave 

components have used 37.5 GHz as the 

frequency breakpoint between military 

and civilian applications. In fact, the 

proper breakpoint is 37 GHz, as per the 

ETSI EN 300 197 standard. 

Paragraph b.2.e is amended by 

removing the fractional bandwidth 

parameter, because a fractional 

bandwidth as large as 10%, within a 

band that is only 16% wide, is illogical. 

To compensate, this rule increases the 

output power parameter from 0.25 W 

(24 dBm) to 1.0 W (30 dBm) to align 

with state-of-the-art output power in 

this frequency range. 

Paragraph b.2.f is amended by adding 

a ceiling to the operation frequency of 

75 GHz, which is the top of the V band 

to align with waveguide bands. The 

average output power parameter is 

raised from 0.1 nW to 31.62 mW (15 

dBm) with a ‘‘fractional bandwidth’’ 

greater than 10%, which aligns with the 

15 dBm output power control threshold 

for network analyzers in 3A002.e.1. 

Two new parameter paragraphs are 

added for MMIC power amplifiers 

controlled under b.2.g and b.2.h to add 

two new frequency ranges to align with 

the 90 GHz top of the E band-WR–12 

waveguide upper limit. Paragraph b.2.g 

controls MMIC power amplifiers rated 

for operation at frequencies exceeding 

75 GHz up to and including 90 GHz 

with an average output power greater 

than 10 mW (10 dBm) with a ‘‘fractional 

bandwidth’’ greater than 5%. Paragraph 

b.2.h controls MMIC power amplifiers 

rated for operation at frequencies 

exceeding 90 GHz and with an average 

output power greater than 0.1 nW (-70 

dBm). 

3A001.b.4 (Microwave solid state 

amplifiers and microwave assemblies/ 

modules containing microwave solid 

state amplifiers) is amended by adding 

‘‘either’’ to paragraph b.4.f.3 to 

eliminate an ambiguity in the current 

text. The Technical Note below this 

paragraph is corrected to harmonize 

with the WA list. Note 3 is added to 

clarify that 3A001.b.4 includes transmit/ 

receive modules and transmit modules. 

3A001.b.10 (Oscillators or oscillator 

assemblies) and 3A002.d.4 (signal 

generators) are amended by replacing 

the word ‘‘for’’ with ‘‘anywhere within 

the range of’’ in b.10.a, b.10.b, 

3A002.d.4.a and d.4.b to clarify that 

oscillators or oscillator assemblies and 

signal generators, respectively, are 

controlled if it meets the parameters at 

any point within the selected ranges. 

3A001.b.11 (‘‘Frequency synthesizer’’ 

‘‘electronic assemblies’’) is amended by 

revising the ‘‘frequency switching time’’ 

in paragraph b.11.a from 312 ps to 156 

ps. The frequency switching time 

threshold of 3A001.b.11.a is the inverse 

of the lower frequency control threshold 

(current, 312 ps = 1/3.2 GHz). The new 

threshold is 156 ps = 1/6.4 GHz. This 

would retain control on Digital to 

Analog Converter (DAC)-based 

synthesizer assemblies having sample 

rate exceeding 16 GSa/s (frequency is 

calculated by dividing sample rate by 

2.5). 

Paragraphs 3A001.b.11.b and 

3A002.d.3.b are amended by revising 

the low-frequency threshold from 3.2 

GHz to 4.8 GHz to accommodate the 

802.11ac (Very High Throughput—VHT) 

amendment. The 802.11ac standard uses 

wider bandwidths for higher 

throughputs and data rates to address 

several uses, including wireless displays 

for in-home distribution of High 

Definition Television (HDTV). 

Paragraphs 3A001.b.11.f, b.11.g, 

3A002.c.2, c.3, d.1, d.2, d.3.f, d.4.a, 

d.4.b, d.5, e.1, and e.2, are amended by 

raising the high-frequency limit from 70 

GHz to 75 GHz, which corresponds to 

the top of the V-band (waveguide). 

Aligning the specified frequency to 

standard waveguide frequency 

breakpoints makes this parameter more 

relevant to national security concerns. 

3A002.c.4 is amended by revising the 

Heading from ‘‘Dynamic signal 

analyzers’’ to ‘‘Signal analyzers’’ and 

cascading the control parameters to 

clarify the controls. 

Paragraph c.4.a is amended by 

removing ‘‘a’’ and revising the ‘‘realtime bandwidth’’ from ‘‘40 MHz’’ to ‘‘85 

MHz’’ to update the control level. The 

definition for ‘‘real-time bandwidth’’ is 

also updated in Part 772 of the EAR to 

better define the concept of gap-free 

analysis of the input data, and to assure 

that the scope of control remains 

specific and focused, which is also the 

reason for adding paragraph c.4.b that 

adds a gap and windowing effect aspect 

to the control. 

The Note to 3A002.c.4 is amended by 

changing ‘‘dynamic signal analyzers’’ to 

‘‘signal analyzers’’ for clarity. 

Technical Notes are added for 

3A002.c.4.b to explain probability of 

discovery, also known as probability of 

intercept or probability of capture. 

3A002.c.5 is added to add a new 

control parameter for ‘‘frequency mask 

trigger,’’ which provides the capability 

to capture sporadic transient RF signals 

within other closely spaced RF signals. 

A definition for ‘‘frequency mask 

trigger’’ is added to Part 772 in relation 

to this new paragraph. 

3A002.d.3.a (‘‘frequency switching 

time’’ less than 312 ps) is removed as a 

parameter for frequency synthesized 

signal generators, because extension of 

the 802.11 standard for consumer 

wireless products in the frequency range 

5–6 GHz has rendered the existing 

control threshold obsolete. 

3A002.e (Network analyzers) is 

amended by adding ‘‘An’’ to the 

beginning of paragraph e.1 for 

consistency and correct grammar. This 

rule also removes the ‘‘or’’ at the end of 

the paragraph, because two additional 

paragraphs are added to cover frequency 

ranges up to 110 GHz. This change 

makes it clear that 110 GHz is the 

normal max frequency for 1.00 mm 

coaxial microwave connectors. A 

Technical Note is also added to define 

‘Nonlinear vector measurement 

functionality,’ which is a term used in 

paragraph e.3. Paragraph e.4 (former 

paragraph e.2) is amended by revising 

the maximum operating frequency from 

70 GHz to 110 GHz. 

3A002.f (Microwave test receivers) is 

amended by revising the maximum 

frequency control threshold of 3A002.f 

.1 from 70 GHz to 110 GHz, to align 

with 3A002.e, because of the similarity 

between 3A002.e network analyzers and 

3A002.f microwave test receivers. 

3B001 (Equipment for the 

Manufacturing of Semiconductor 

Devices or Materials) 

3B001.a.2 (Metal Organic Chemical 

Vapor Deposition (MOCVD) reactors) is 

amended by simplifying the control text 

to clarify that MOCVD systems used to 

produce nitride based devices are 

within the scope of control. 

3B001.b (Equipment designed for ion 

implantation) is amended by removing 

and reserving paragraph b.1 (beam 

energy (accelerating votage) exceeding 1 

MeV), which controlled ion implant 

systems used for the manufacture of 

memory integrated circuits (Example: 

FLASH NAND). This technology is 

ubiquitous and equivalent tools are 

readily obtained globally. 

Paragraph b.2 is amended by raising 

the beam energy parameter and 

specification of the implant materials, 

which assures only equipment used in 

the production of radiation hardened 

ICs is captured. 

Paragraphs b.3 and b.4 are amended 

by moving the ‘‘or’’ from the end of b.3 

to the end of b.4, because a new 

paragraph b.5 is added. 

Paragraph b.5 is added to control 

equipment using channeled silicon ion 

beams in heated equipment. 

3A001.h (Multi-layer masks with 

phase shift layer not specified by 

3B001.g) is amended by adding two new 

parameters. Paragraph h.1 specifies 

glass birefringence of the mask (less 

than 7 nm/cm), which delineates phase 

shift masks that are used for defining 

geometries consistent with the 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37375 

lithography control. Paragraph h.2 

specifies the light source wavelength of 

the lithography equipment (less than 

245 nm), to control only phase shift 

masks that are consistent with the 

lithography control of 245nm 

wavelength source. This revision will 

control phase shift masks that are used 

for emerging Extreme Ultra-Violet (EUV) 

lithography. The addition of the phrase 

‘‘not specified by 3B001.g’’ to the 

introductory text in 3A001.h resolves 

the possible ‘‘double coverage’’ between 

3B001.g and 3B001.h. 

3C002 (Resist Materials and 

‘‘Substrates’’ Coated With Specified 

Resists) 

License Exceptions GBS and CIV 

paragraphs are revised to read, ‘‘Yes for 

3C002.a provided they are not also 

controlled by 3C002.b through .e’’, to be 

more accurate and concise. 

Paragraph 3C002.a (Resists designed 

for semiconductor lithography) is 

amended by cascading the parameter 

paragraphs and adding a new paragraph 

a.2. Paragraph a.1 now controls positive 

resists adjusted (optimized) for use at 

wavelengths equal to or greater than 15 

nm, but less than 245 nm. Paragraph a.2 

controls resists adjusted (optimized) for 

use at wavelengths greater than 1 nm, 

but less than 15 nm. These revisions are 

made to be more specific about the 

controls. 

Paragraph 3C002.c (All resists 

designed for use with X-rays, with a 

sensitivity of 2.5 J/mm2 or better) is 

removed and reserved, because these 

resists are not used for the fabrication of 

semiconductor devices. 

Paragraph 3C002.d (All resists 

optimized for surface imaging 

technologies) is amended by removing 

the reference to silylated resists, as well 

as the definition for silylation 

techniques in the Related Definition 

paragraph of the List of Items Controlled 

section, because it was determined that 

it is not necessary to specifically call out 

silylated resists. 

Category 4—Computers 

4D001 ‘‘Software’’ 

4D001.a is amended by deleting the 

term ‘‘use,’’ because no ‘‘use’’ software 

of concern could be identified for this 

entry, and by removing 4A002 from the 

scope of control, because it was 

removed in 2004. 

Category 5 Part 1— 

‘‘Telecommunications’’ 

5A001 (Telecommunications Systems, 

Equipment, Components and 

Accessories) 

The License Requirement section is 

amended by removing 5A001.i from 

NS2 and SL controls, because items 

previously controlled under paragraph .i 

are moved to paragraph .f.1 Paragraph 

.f.1 is already controlled under NS2. 

Paragraph f.1 is added to the SL control 

paragraph. 

The License Requirement Notes 

paragraph is amended by replacing the 

reference to 5A001.i with 5A001.f.1. 

License Exception LVS eligibility 

paragraph is amended by revising 

reference to paragraph .f to read f.2, f.3, 

f.4 in order to narrow the scope, because 

the interception equipment in 5A001.f.1 

is too sensitive to receive License 

Exception LVS eligibility. 

5A001.f (Mobile telecommunications 

jamming equipment) is amended by 

adding ‘‘interception or’’ in order to 

expand the scope of control to all 

mobile telecommunications jamming 

and interception equipment that is of 

national security concern, as well as 

equipment that monitors the network to 

detect jamming and interception that is 

of national security concern. 5A001.i 

was combined with the former 5A001.f 

as a clarification because interception 

and jamming are often interrelated 

functions. 5A001.f.1 (Interception 

equipment designed for the extraction of 

voice or data, transmitted over the air 

interface) is moved from 5A001.i and 

license requirements are not changed. 

5A001.f.2 (interception equipment not 

specified in 5A001.f.1) is designed to 

control equipment that captures and 

processes the air interface (e.g., the air 

link between a handset and a base 

station, over which voice/data and 

metadata are transmitted) in order to 

extract client device or subscriber 

indicators (such as IMSI, TIMSI, IMEI), 

signalling or other metadata contained 

therein, but not without also processing 

the voice or data channels contained 

therein. Licenses are required for 

countries listed in NS2 and AT1 of the 

Commerce Country Chart in 

Supplement No. 1 to part 738 of the 

EAR. 

5A001.f.3 (Jamming equipment) was 

the former 5A001.f and license 

requirements are not changed. 

5A001.f.4 (Radio Frequency (RF) 

monitoring equipment designed or 

modified to identify the operation of 

items specified in 5A001.f.1, f.2, or f.3) 

is added to control passive counter 

surveillance tools. Licenses are required 

for countries listed in NS2 and AT1 of 

the Commerce Country Chart in 

Supplement No. 1 to part 738 of the 

EAR. 

Regarding certain types of equipment 

that are not controlled by 5A001.f, the 

term ‘interception equipment’ excludes 

equipment used to operate or test the 

network (e.g., devices which measure 

signal strength, and do not require the 

signal’s contents to be decoded, 

demodulated, or recorded, are not 

considered ‘interception equipment’), 

and also readily available radio 

monitoring equipment for analog 

communications found in, for example, 

taxi-cab radios and home police 

scanners. The Note is amended to also 

generally exclude equipment designed 

for mobile telecommunications network 

operators, designed for the 

‘‘development’’ or ‘‘production of 

mobile telecommunications equipment 

or systems, or specially designed for the 

interception of analog Private Mobile 

Radio (PMR), IEEE 802.11 WLAN. 

Nota Bene (NB) 1 is amended by 

removing the text ‘‘For GNSS jamming 

equipment,’’ and adding the text ‘‘For 

items specified by 5A001.f.1 (including 

as previously specified by 5A001.i), see 

also 5A980 and U.S. Munitions List (22 

CFR 121)’’, because 5A001.f is expanded 

and there may be some related 

equipment in the International Traffic in 

Arms Regulations (ITAR) (22 CFR Parts 

120–130) that should be considered 

when classifying this type of equipment. 

A Nota Bene (NB) 2 is added to 

reference 5A001.b.5 for radio receivers 

in order to clarify that 5A001.f does not 

apply to radio receivers. 

5A001.h (Counter Improvised 

Explosive Device (IED) equipment and 

related equipment) is amended by 

adding a new paragraph h.2 to control 

equipment using techniques designed to 

enable radio communications in the 

same frequency channels on which colocated equipment specified by 

5A001.h.1 is transmitting. 

The Nota Bene (NB) is amended by 

removing the phrase ‘‘ECCN 5A001.f 

and,’’ because that reference now 

appears in 5A001.h.1. 

5A001.i is reserved and the items are 

moved to 5A001.f.1, as explained above. 

To harmonize with this move, seventeen 

(17) references to 5A001.i are changed 

to 5A001.f.1 in § 738.3(a)(1) (Commerce 

Country Chart structure—ECCNs that 

require a license to all destinations), six 

(6) references are changed in 

§ 740.2(a)(3) (Restrictions on all license 

exceptions), five (5) references are 

changed in § 742.13 (a)(1) (License 

requirements for communications 

intercepting devices * * *), six (6) 

references are changed in § 746.7(a)(1) 

(Iran license requirements), and six (6) 

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references are changed in § 752.3(a)(7) 

(Special Comprehensive License 

ineligible items). 

The Nota Bene (NB) of 5A001.i is 

amended to reference 5A001.f.1 for 

items previously specified by 5A001.i. 

5A980 (Devices primarily useful for 

the surreptitious interception of wire, 

oral, or electronic communications) is 

amended to replace the reference to 

5A001.i with 5A001.f.1 in the Heading 

and the Related Controls paragraph of 

the List of Items Controlled section. The 

structure of the List of Items Controlled 

section is corrected by adding the Unit 

paragraph, adding the Related Controls 

Header to the Related Controls 

paragraph, and adding the Related 

Definitions paragraph. 

5B001 (Telecommunication Test, 

Inspection and Production Equipment, 

Components and Accessories) 

The License Exception STA eligibility 

paragraph is amended by removing 

‘‘use,’’ because ‘‘use’’ was removed from 

control in 5B001.a. 

5B001.a. is amended to delete ‘‘or 

use’’ as no ‘‘use’’ software of concern 

could be identified for this entry. 

The Note to 5B001.a was amended to 

replace ‘‘control’’ with ‘‘apply to’’ to 

conform with Wassenaar. 

5D001 (‘‘Software’’) 

The SL control paragraph in the 

License Requirements section is 

amended by replacing the reference to 

5A001.i with 5A001.f.1, because that 

equipment was moved in 5A001. 

The License Requirements Notes 

paragraph in the License Requirements 

section is amended by replacing three 

references to 5A001.i with 5A001.f.1, 

because that equipment was moved in 

5A001. 

5D980 (Other ‘‘Software’’, Other Than 

That Controlled by 5D001* * *) 

The Header is amended by replacing 

the reference to 5A001.i with 5A001.f.1, 

because that equipment was moved in 

5A001. 

The Related Control paragraph in the 

List of Items Controlled section is 

amended by replacing three references 

to 5A001.i with 5A001.f.1, because that 

equipment was moved in 5A001. 

5E001 (‘‘Technology’’) 

The SL control paragraph in the 

License Requirements section is 

amended by replacing the reference to 

5A001.i with 5A001.f.1, because that 

equipment was moved in 5A001. 

The License Requirements Notes 

paragraph in the License Requirements 

section is amended by replacing two 

references to 5A001.i with 5A001.f.1, 

because that equipment was moved in 

5A001. 

5E001.d (‘‘Technology’’ * * * for the 

‘‘development’’ or ‘‘production’’ of 

Microwave Monolithic Integrated 

Circuit (MMIC) power amplifiers 

specially designed for 

telecommunications) is amended by 

revising paragraphs 5E001.d.4, d.5, and 

d.6, as well as adding new paragraphs 

5E001.d.7 and d.8, to mirror the revision 

made to 3A001.b.2 (explained above). 

5E980 (‘‘Technology’’, other than that 

controlled by 5E001.a * * *) 

The Header is amended by replacing 

two references to 5A001.i with 

5A001.f.1, because that equipment was 

moved in 5A001. 

The Related Control paragraph in the 

List of Items Controlled section is 

amended by replacing five references to 

5A001.i with 5A001.f.1, because that 

equipment was moved in 5A001. 

Category 5 Part 2—‘‘Information 

Security’’ 

The Cryptography Note (Note 3 to 

Category 5 Part 2 (Cat 5P2)) is changed 

in two ways. It is reformatted in order 

to add a new paragraph .b, and a new 

Note to the Cryptography Note is added 

to help industry better understand how 

the existing ‘mass market’ provisions 

and requirements of the Cryptography 

Note (i.e., new paragraph a.) are applied. 

Regarding the new paragraph b., this 

new paragraph provides that ECCN 

5A002 and 5D002 do not control certain 

hardware components of existing items 

described in paragraph a. of the Note. 

While certain components of ‘‘mass 

market’’ products described in 

paragraph a. to Note 3 are themselves 

sold or distributed through ‘‘mass 

market’’ channels and are therefore 

decontrolled under paragraph a., other 

comparable components for ‘‘mass 

market’’ items are not separately sold to 

the public via retail channels. New 

paragraph b. removes ECCN 5A002 and 

5D002 controls from hardware 

components that are factory-installed 

into a mass marketed product, and from 

functionally equivalent aftermarket 

replacements of Original Equipment 

Manufacturer (OEM) components— 

components that are identical in form, 

fit and function to the OEM 

components, with certain restrictions as 

follows. 

First, paragraph b. is limited to 

hardware components for existing items 

described in paragraph a. of Note 3 and 

to hardware components that have been 

designed for those existing items. 

Paragraph b. does not apply to a 

component that is designed for a brand 

new type of item that has never been 

sold before, or that has not previously 

had cryptographic functionality. 

Instead, the end-product must first be 

established as a ‘mass market’ product 

before its components may qualify for 

paragraph b. 

Second, paragraph b.1. excludes 

components whose primary function or 

set of functions is ‘‘information 

security.’’ Therefore, cryptographic coprocessors, cryptographic libraries/ 

modules, Trusted Platform Modules 

(TPMs), and components that provide 

an open cryptographic interface are not 

eligible for decontrol under paragraph b. 

Third, paragraph b.2. excludes 

components that could introduce new 

cryptographic functionality or enhance 

existing cryptographic functionality into 

an array of products, if such 

functionality does not already exist in 

the ‘mass market.’ Components that 

provide enhanced or additional 

cryptographic functionality to an 

existing ‘mass market’ product are not 

decontrolled under paragraph b. This 

exclusion applies to both ‘standard addon accessories’—additions to ‘mass 

market’ products that impart new 

features—and to ‘tailored add-on 

accessories’—additions to ‘mass market’ 

products that transform the product into 

a non-consumer type item (e.g., tailored 

for network operators, security 

operators, police/military/intelligence, 

etc.) 

Paragraph b.3 excludes components 

that provide custom/substitute 

cryptography or made-to-order 

customizations (e.g., tailored form/fit/ 

function) but no algorithm changes. The 

requirements set forth in Section 

742.15(b) for mass market components 

also apply to the hardware components 

eligible for decontrol under new 

paragraph b. to Note 3. 

Paragraph b.4. states that details of the 

component and end-item must be 

available to BIS when necessary. BIS 

does not intend to change the scope of 

any of the reporting requirements under 

License Exception ENC. In particular, 

BIS does not intend to require exporters 

to collect any more information on the 

products that a component is going into 

than is currently required under the 

EAR. 

In adding this new paragraph b. to the 

Cryptography Note (Cat 5P2 Note 3) in 

the existing provisions of Cat 5P2, Note 

3 become new paragraph a. 

In terms of how these existing ‘mass 

market’ provisions are applied, 

paragraph 1 of the new Note to the 

Cryptography Note provides guidance 

on what it means for an item to be 

considered ‘mass market’ and ‘generally 

available to the public’. This Note 

paragraph 1 makes it clear that in order 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37377 

to meet the ‘mass market’ provisions of 

Cat 5P2 Note 3 paragraph a., the item 

must be of potential interest to a wide 

range of individuals and businesses, and 

potential customers do not need to 

specifically consult with a vendor or 

supplier to learn how much the item 

costs or what its main functional 

specifications are. 

Paragraph 2. of the Note to the 

Cryptography Note also makes clear that 

in determining whether an item meets 

the ‘mass market’ qualifications of Note 

3 paragraph a., relevant factors such as 

quantity, price, required technical skill, 

existing sales channels, typical 

customers, typical use, or any 

exclusionary practices of the supplier 

may be taken into account, in addition 

to other possible considerations. 

The purpose of this new Note to the 

Cryptography Note is not to change the 

existing scope of control of the 

Cryptography Note, but to make current 

practices of interpretation more clear to 

the public. 

Although the control text only 

mentions hardware components, the 

decontrol also applies to software 

components that are specially designed 

for a particular hardware component 

that has already been released from 

control. 

For a component that meets new 

paragraph b. of the Cryptography Note 

3 in Category 5 Part 2 of the Commerce 

Control List (Supplement No. 1 to part 

774) that has previously been classified 

under ECCN 5A002 pursuant to 

§ 740.17(b)(3), a new classification by 

BIS (i.e., a request for a CCATS) is not 

required to make the component eligible 

for mass market treatment under 

§ 742.15(b)(3) and reclassified under 

ECCN 5A992. However, a reclassified 

component must be included in a selfclassification report submitted to BIS 

and the ENC Encryption Request 

Coordinator no later than February 1 

following the calendar year in which it 

is first exported or reexported as a mass 

market item (see § 742.15(c) for 

complete instructions on submitting 

encryption self-classification reports). 

5A002 (‘‘Information Security’’ Systems, 

Equipment and Components Therefor) 

The Related Controls paragraph in the 

List of Items Controlled Section is 

amended by redesignating paragraphs 

(1) and (2) as (2) and (3), and adding a 

new paragraph (1) to specify that 

5A002.a controls ‘‘components’’ 

providing the means or functions 

necessary for ‘‘information security.’’ 

All such ‘‘components’’ are 

presumptively ‘‘specially designed’’ and 

controlled within 5A002.a. Therefore, 

no analysis of the definition of 

‘‘specially designed’’ is needed. BIS is 

making this change to clarify that no 

changes are made to how the U.S. 

Government currently interprets the 

scope of 5A002.a as a result of the 

implementation of the newly revised 

definition of ‘‘specially designed.’’ 

On June 19, 2012 (77 FR 36419), BIS 

published the advanced notice of 

proposed rulemaking (ANPRM) entitled 

‘‘Feasibility of Enumerating ‘‘Specially 

Designed’’ Components.’’ In that 

ANPRM, BIS requested public 

comments to identify where on the CCL 

it was possible to replace the term 

‘‘specially designed’’ with other control 

criteria. Category 5, Part 2 was 

identified by one commenter as a good 

candidate for enumerating 

‘‘components’’ that warrant control. 

This commenter supported making 

5A002.a into a positive list of 

‘‘components’’ controlled for 

‘‘information security.’’ The commenter 

indicated 5A002 is already more of an 

enumerated control versus a catch-all 

control and therefore the term 

‘‘specially designed’’ was not needed. 

This new Note to paragraph a. is 

responsive to that comment and also 

consistent with the larger Export 

Control Reform (ECR) Initiative 

objective of making the CCL more 

‘‘positive.’’ 

The addition of Note 1 to the Related 

Controls paragraph of 5A002 does not 

change the scope of the ECCN, but 

rather is limited to adding an 

explanatory note regarding the scope of 

‘‘components’’ controlled under 

5A002.a. Currently, the U.S. 

Government is working on a regime 

proposal to the Wassenaar Arrangement 

that would replace the term ‘‘specially 

designed’’ in 5A002.a with ‘‘providing 

the means or functions necessary.’’ This 

work is being undertaken by the U.S. 

Government to better reflect the intent 

of this control on ‘‘components’’ under 

5A002.a and to better reflect how the 

U.S. Government currently interprets 

the scope of this control on 

‘‘components’’ under 5A002.a. 

The Note g. to the Items paragraph is 

also amended by replacing the reference 

to paragraphs .b to e. of the 

Cryptography Note (Note 3 in Category 

5—Part 2) with paragraphs a.2. to a.5. of 

the Cryptography Note in order to 

harmonize with the changes made to the 

Cryptography Note. 

The Note to the Items paragraph is 

amended by adding the phrase ‘‘or not 

exceeding 100 meters according to the 

manufacturer’s specifications for 

equipment that cannot interconnect 

with more than seven devices’’ to the 

end of paragraph i. to raise the range, 

because there are many products on the 

market today that exceed this limitation. 

This revision will only decontrol such 

equipment that cannot interconnect 

with more than seven (7) devices (e.g., 

Bluetooth). If a type of Wireless 

Personal Area Network (WPAN) 

equipment can interconnect with more 

than seven devices, it continues to only 

be released by 5A002 Note i. if its 

nominal operating range does not 

exceed 30 meters. 

In addition, the definition of 

‘‘personal area network,’’ found in Part 

772 of the EAR, is updated to account 

for this range increase in paragraph i. of 

the Note. 

5A002.a.1 is amended by adding the 

phrase ‘‘or execution of copy-protected 

‘‘software’’ to the exclusion list in 

paragraph a.1, as well as Technical Note 

1, to clarify that such items are still 

excluded from control. Prior to June 25, 

2010, products with cryptographic 

functionality limited to copy protection 

(and other digital rights management 

(DRM) functionality) were originally 

decontrolled by decontrol Note c. to 

5A002. When Note 4 to Category 5, Part 

2 (Cat 5P2) was implemented on June 

25, 2010, paragraph c. of the decontrol 

note to 5A002 was removed and a 

pointer (Nota Bene) to Cat 5P2 Note 4 

was added to make clear that this 

decontrol was subsumed into Cat 5P2 

Note 4. However, since then, exporters 

have been confused about how copy 

protection falls under Note 4. To make 

it clear that copy protection is not 

controlled in 5A002, this rule adds the 

phrase ‘‘or execution of copy-protected 

software’’ into the exclusion note. This 

does not change the scope of what is 

decontrolled, as Note 4 in Cat 5P2 

remains unchanged and in full effect. By 

application of Note 4 in Cat 5P2 

(especially paragraph a.3, regarding 

digital rights management (DRM)), copy 

protection and other DRM functionality 

is excluded from classification under 

Cat 5P2, even if the copy protection 

scheme (or other DRM) uses 

‘‘cryptography.’’ Moreover, copy 

protection functionality is not specified 

for control in any CCL Category. 

Accordingly, EAR99 software with 

addition of cryptographic functionality 

limited to copy protection remains 

classified as EAR99. 

A Note to 5A002.a.2 is added to 

clarify that 5A002.a.2 includes systems 

or equipment, designed or modified to 

perform cryptanalysis by means of 

reverse engineering. 

5A002.a.7 (Non-cryptographic 

information and communications 

technology (ICT) security systems and 

devices) is amended by replacing the 

phrase ‘‘evaluated to an assurance level 

exceeding’’ with ‘‘that have been 

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37378 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

evaluated and certified by a national 

authority to exceed’’ in order to clarify 

that the intent is to control only those 

items which have been evaluated 

against the applicable criteria and have 

subsequently received a certification 

from a national security authority 

attesting that the items exceed class 

EAL–6 (evaluation assurance level) of 

the Common Criteria (CC) or equivalent. 

5A992 (Equipment not controlled by 

5A002) is amended by adding a Note to 

paragraph .b of the Items paragraph in 

the List of Items Controlled section. The 

Note is added to clarify that 5A992 does 

not control products with cryptographic 

functionality limited to copy protection. 

5E002 (‘‘Technology’’) is amended by 

adding a Note to clarify that ‘‘5E002 

includes ‘‘information security’’ 

technical data resulting from procedures 

carried out to evaluate or determine the 

implementation of functions, features or 

techniques specified in Category 5, Part 

2’’. The purpose of this Note is to clarify 

two things. First, that existing 5E002 

controls on ‘‘technology’’ includes 

‘‘information security’’ technical data 

that may be revealed or conveyed by the 

security evaluation of a product (e.g., for 

government or commercial certification 

purposes). Second, this Note is added to 

clarify that reverse engineering can be 

viewed as a form of product evaluation; 

consequently, 5E002 includes reverse 

engineering data and reports that detail 

the implementation of controlled 

‘‘information security’’ functions, 

features or techniques by an item. 

Category 6—Sensors and Lasers 

6A001 (Acoustic Systems, Equipment 

and Components) 

6A001.a.1.a.2 (Underwater survey 

equipment designed for seabed 

topographic mapping) is amended by 

replacing ‘‘all’’ with ‘‘any’’ and 

cascading the parameters in order to add 

a new control for additional survey 

equipment identified in 6A001.a.1.a.2.b. 

Note that the parameters for the 

previously controlled survey 

equipment, now in 6A001.a.1.a.2.a, 

remain unchanged. 

6A001.a.1.a.2.b is added to control 

underwater survey equipment not 

specified by 6A001.a.1.a.2.a. A new 

Technical Note is added that states 

acoustic sensor pressure rating 

determines the depth rating in 

6A001.a.1.a.2. Additionally, the existing 

Technical Note defining ‘sounding rate’ 

is modified to specify 100% coverage. 

6A001.a.1.a.3 (Side Scan Sonar (SSS) 

or Synthetic Aperture Sonar (SAS), 

designed for seabed imaging) is 

amended by adding an ‘along track 

resolution’ parameter to a revised 

a.1.a.3.b and moving the ‘across track 

resolution’ parameter in paragraph 

a.1.a.3.b to new paragraph a.1.a.3.c. 

Editorial revisions are made to the 

Technical Notes as well. 

6A002 (Optical Sensors or Equipment 

And Components Therefor) is amended 

by replacing the periods with semicolons at the end of paragraphs a.3.a.2.b, 

a.3.b.2.b, a.3.g.3 and c.3 in the Items 

paragraph of the List of Items Controlled 

section to correct the punctuation. In 

addition, 6A002.a.3.d.2.b is amended by 

removing ‘‘(SPRITE),’’ because the 

SPRITE is no longer in production and 

the performance of the detector and the 

sensors it was integrated into has been 

surpassed by more modern Focal Plane 

Array (FPA) developments. The word 

‘‘detector’’ is added before element. 

‘‘Element’’ is made plural. Capital 

letters PR, I, T and E, are all replaced 

by lower case letters. 

6A005 (‘‘Lasers’’ (Other Than Those 

Described in 0B001.g.5 or .h.6), 

Components and Optical Equipment) 

Paragraphs a.2, a.3, b.2, and b.3 in the 

Items paragraph of the List of Items 

Controlled are amended by replacing 

‘‘520’’ with ‘‘510.’’ Frequency-doubled 

Yb:YAG lasers using second harmonic 

generation (SHG) emit green light at 515 

nm. These lasers are increasingly being 

used in commercial laser materials 

processing, replacing Nd:YAG lasers. 

Given the development of this 

application, it was determined 

appropriate to change the wavelength 

from ‘‘520’’ to ‘‘510’’ in 6A005.a.3 and 

6A005.b.3, to control Yb:YAG SHG 

lasers at the same power level as 

Nd:YAG SHG lasers. The change to a.2 

and b.2 accounts for the shift in 

wavelength in a.3 and b.3 so a gap in 

control was not created. As a result of 

this change the NP controls are 

expanded to include 6A005.a.3 and all 

of b.3, instead of just b.3.a. 6A005.a.3 is 

added to paragraph (d) of the License 

Requirements Note, which outlines NP 

controls. 

6A005.a.6.a (Non-‘‘tunable’’ 

continuous wave ‘‘(CW) lasers’’) is 

amended by removing paragraphs 

a.6.a.1 and a.6.a.2 to simplify the 

control text. The output power control 

level of 150 W is replaced with 200 W 

to adjust for technical advancements. 

6C004 (Optical Materials) 

6C004.b (Electro-optic materials and 

non-linear optical materials) and .c 

(Non-linear optical materials, other than 

those specified by 6C004.b) are 

amended in order to control new 

materials that can be used in military 

applications. Advances in crystal 

growth have facilitated the 

manufacturing of additional non-linear 

optical materials. The new citations 

identify specific materials by name or 

using the updated parameters under 

6C004.c.3 and c.4 that can be fabricated 

into non-linear optical components. 

These non-linear crystals have recently 

become useful due to advances in 

manufacturing. They can now be grown 

large enough and with low defects so 

that they can be cut and polished into 

optical components. The newly listed 

materials are of interest because they 

can operate at high optical powers that 

cause other non-linear materials to 

degrade. 

6C005 (Synthetic crystalline ‘‘laser’’ 

host material in unfinished form) is 

amended by removing 6C005.b 

(Alexandrite) and reserving the 

paragraph, because Alexandrite lasers 

are tuneable from 700 to 800 nm and the 

majority of applications for alexandrite 

lasers are for dermatology and hair 

removal. 

Category 7—Navigation and Avionics 

7A001 (Accelerometers) is amended 

by replacing the ‘‘bias’’ ‘‘repeatability’’ 

of less (better) than 5,000 micro g with 

1,250 micro g in paragraph a.2.a and 

replacing the ‘‘scale factor’’ 

‘‘repeatability’’ of less (better) than 

2,500 ppm with 1,250 ppm in paragraph 

a.2.b, because improvements in 

Microelectromechanical Systems 

(MEMS) technology have led to 

availability of equivalent performance 

accelerometers in commercial products, 

as well as widespread foreign 

availability. 

7D003 (‘‘Software’’) 

The License Exception STA 

ineligibility paragraph is amended by 

removing the phrase ‘‘d.1 to d.4 or d.7’’ 

because these controls have been moved 

to a new ECCN 7D004, and paragraph 

7D003.d is removed and reserved by 

this rule. Specifically, these controls are 

moved to7D004.a to .g, with the 

exception of 7D003.d.5 (Airborne 

automatic direction finding equipment). 

7D003.d.5 is removed and reserved as 

reflected in the new paragraph 7D004.e, 

because there was no reason for this 

relatively rudimentary item to be 

identified separately from other 

navigation entries. Because the ‘‘source 

code’’ in 7D003.d is already addressed 

elsewhere more specifically, this entry 

created a redundancy in controls and is 

removed. For more details about the 

redundancy see the preamble text for 

7D004 below. 

A Nota Bene (N.B.) is added to 

reference the new location (7D004) for 

the control of 7D003.d source code. 

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7D004 (‘‘Source code’’ incorporating 

‘‘development’’ ‘‘technology’’ specified 

by 7E004.a or 7E004.b) is added to the 

CCL to control ‘‘source code’’ moved 

from 7D003.d. Previously, two sets of 

technology controls addressed the flight 

controls topic. The first was 7E001, the 

GTN-based ‘‘development’’ technology 

controls relating to the 7D003 ‘‘source 

code’’ entry. The second set of 

technology controls are under 7E004.a 

and 7E004.b, which enumerate specific 

flight control technologies of concern. 

The existence of both sets of controls 

created an obviously undesirable 

redundancy. However, it was 

discovered that pertinent ‘‘source code’’ 

‘‘software’’ and ‘‘technology’’ was 

removed from control by the WA 

agreement, which the U.S. will address 

with WA in future meetings to establish 

appropriate multi-lateral national 

security level controls. In the meantime, 

‘‘source code’’ for the ‘‘development’’ of 

fly-by-wire control systems is added to 

0D521 No. 2. The following technology 

is added to 0E521 No. 6: ‘‘Technology’’ 

for fly-by-wire control systems, as 

follows: a. ‘‘Technology’’ according to 

the General Technology Note for the 

‘‘development’’ of ‘‘software’’ controlled 

by 0D521 No. 2; or b. ‘‘Development’’ 

‘‘technology’’ for ‘‘active flight control 

systems’’ for control law compensation 

for sensor location or dynamic airframe 

loads, i.e., compensation for sensor 

vibration environment or for variation of 

sensor location from the center of 

gravity. (See Supplement No. 5 to part 

774.) There is a pending rule that adds 

technology to 0E521 Nos. 2–5, therefore 

this rule reserves those paragraphs in 

the table. 

As described in the final rule that 

established the 0Y521 series and that 

was published in the Federal Register 

on April 13, 2012 (77 FR 22191), items 

are added to the 0Y521 series upon a 

determination by the Department of 

Commerce, with the concurrence of the 

Departments of Defense and State, that 

the items should be controlled for 

export because the items provide at least 

a significant military or intelligence 

advantage to the United States or foreign 

policy reasons justify control. The 

‘‘source code’’ for the ‘‘development’’ of 

fly-by-wire control systems in 0D521 

No. 2 and the fly-by-wire technology in 

0E521 No. 6 is controlled for regional 

stability (RS) Column 1 reasons. ECCN 

0D521 and 0E521 items are subject to a 

nearly worldwide license requirement 

(i.e., for every country except Canada) 

with a case-by-case license review 

policy, through regional stability (RS 

Column 1) controls. Only License 

Exception GOV is available for this 

technology for official use by personnel 

and agencies of the U.S. Government. 

If your fly-by-wire software or 

technology was controlled by 7D003 or 

7E001 and is now classified as 0D521 

No. 2 or 0E521 No. 6, then you do not 

need to replace your existing licenses or 

classifications (CCATS), because it is 

considered a ‘‘non-material’’ change 

pursuant to Section 750.7(c)(1)(viii) of 

the EAR. If you were going to request an 

extension for licenses with these 

ECCNs, you may still request extensions 

of these licenses instead of replacing 

them because of this ECCN change. 

In order to maintain the more detailed 

descriptions of the specific flight control 

topics covered by 7E004.a and 7E004.b, 

WA agreed to remove the 7E001 

reference to flight control ‘‘source 

code’’. This modification is 

accomplished by moving 7D003.d to 

7D004, and removing 7D004 from 7E001 

coverage. Reference language is added 

to the new 7D004 that points to the 

technology controls in 7E004.a and 

7E004.b, as well as 0D521 No. 2 and 

0E521 No. 6 for fly-by-wire source code 

and technology. 

A new exclusion Note is added to 

7D004 that states that ‘‘7D004 does not 

apply to ‘‘source code’’ associated with 

common computer elements and 

utilities (e.g., input signal acquisition, 

output signal transmission, computer 

program and data loading, built-in test, 

task scheduling mechanisms) not 

providing a specific flight control 

system function,’’ to clarify that the 

scope of these entries is limited to flight 

control system function. 

7E001 (‘‘Technology’’ According to the 

GTN for the ‘‘Development’’ of 7A, 7B 

or 7D) 

The Header is amended to specify the 

three software ECCNs 7D001, 7D002, 

and 7D003, in order to remove the new 

7D004 from the scope of 7E001, which 

was created to control flight control 

‘‘source code’’ in one place instead of in 

7D003 and 7E001. The Related Controls 

paragraph is amended by adding a 

reference to 0D521 No. 2 for ‘‘source 

code’’ for the ‘‘development’’ of fly-bywire control systems and 0E521 No. 6 

for ‘‘technology’’ for the ‘‘development’’ 

of fly-by-wire control systems. See 

explanation for the creation of 0D521 

No. 2 and 0E521 No. 6 under 7D004 in 

the preamble of this rule. 

7E004 (Other ‘‘technology’’) 

The Related Controls paragraph in the 

List of Items Controlled section is 

amended to add references to 0D521 No. 

2 (‘‘source code’’ for the ‘‘development’’ 

of fly-by-wire control systems), and 

0E521 No. 6 (for ‘‘technology’’ for the 

‘‘development’’ of ‘‘software’’ controlled 

by 0D521 No. 2). 

7E004.b (‘‘Development’’ 

‘‘technology’’, as specified, for ‘‘active 

flight control systems’’ (including flyby-wire or fly-by-light)) is amended to 

more specifically list photonic 

technology of concern by providing 

descriptions to positively identify the 

critical photonic functions in a fly-bylight system. 

7E004.b.1 is replaced, because the 

technology for interconnecting multiple 

microelectronic processing elements, 

such as microprocessors, in order to 

speed up processing is now widely 

available. In addition, active flight 

control solutions today can easily run in 

real-time on a single processor. 

7E004.b.1 now controls fly-by-light 

technology. Photonics-based flight 

control systems, or ‘‘fly-by-light’’, are in 

development to provide a number of 

system-level benefits, including 

tolerance of elevated Electro-Magnetic 

Interference (EMI) and reduced systems 

volume and weight. 

7E004.b.2 is removed and reserved, 

because control law compensation 

technology as described at the general 

level is now widely available. 

7E004.b.3 is revised, because the 

former text for 7E004.b.3 dealt with 

fault detection, isolation, tolerance, and 

resolution (i.e., ‘‘reconfiguration’’). The 

only technique implied by the text is 

‘‘redundancy’’, which was too broad 

and could encompass technology that is 

widely understood and employed. The 

revised 7E004.b.3 text updates the fault 

detection and isolation aspects to a 

more appropriate characterization of the 

emerging technology for protectionpredictive diagnosis. This technology 

can determine the onset of a future 

failure for more preemptive mitigation 

actions. 

7E004.b.4 (‘‘active flight control 

system’’ technology) is revised, because 

it was outdated. The revised text links 

the real-time identification of 

component failures, and allows for 

mitigation during degradations prior to 

full failure. These linked 7E004.b.3 and 

7E004.b.4 updates better represent the 

emerging state-of-the-art technologies 

with emphasis on preemption and 

mitigation capabilities. 

Note to 7E004.b.4 and Note to 7E004.b 

are added and the Note to 7E004.b.3 is 

revised to clarify that the scope of these 

entries is limited to flight control system 

function. The Note to 7E004.b.5 is 

changed to conform to the WA text. 

Category 9—Aerospace and Propulsion 

9A001 (Aero gas turbine engines) is 

amended by replacing the phrase 

‘‘Participating State’’ with ‘‘Wassenaar 

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37380 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

Arrangement Participating State’’ in the 

introductory text of paragraph .a and .b 

in Note 9A001.a of the Items paragraph 

in the List of Items Controlled section, 

because there is currently no definition 

for this term in the EAR. However, it is 

understood that it refers to members of 

the Wassenaar Arrangement. 

9A018 (Equipment on the Wassenaar 

Arrangement Munitions List) 

ECCN 9A018 is amended by revising 

the List of Items Controlled section. 

9A018.b is amended to implement the 

WA agreements for 2012 to ML6 on the 

WA Munitions List. Paragraph 9A018.b 

is separated into two parts. 9A018.b.1 

covers ground transport vehicles 

(including trailers) and parts and 

components therefor designed and 

modified for non-combat military use. 

9A018.b.2 is the modified portion of the 

former 9A018.b, which covers other 

ground vehicles. Also, a Note is added 

to exclude vehicles for transporting 

money or valuables. The revision 

clarifies that ‘‘all-wheel drive’’ vehicles 

have transmissions that supply drive to 

the front and rear wheels 

simultaneously even if the vehicle has 

other wheels that provide no driving 

force. The second change limits the 

scope of the paragraph to vehicles with 

a gross vehicle weight rating greater 

than 4,500 kilograms. The third change 

replaces the term ‘‘capable of off road 

use’’ with the term ‘‘designed or 

modified for off road use.’’ The fourth 

change is that ‘‘components’’ are 

separated out from the vehicles and 

placed in 9A018.b.2 with parameters. 

9E003 (Other ‘‘Technology’’) 

9E003.a.5 (Cooled turbine blades, 

vanes or ‘‘tip-shrouds’’) is amended by 

increasing the gas path temperature 

from 1643K (1370 °C) to 1693 K (1420 

°C), because as the material 

development for airfoils has reached a 

steady state, increases in higher 

‘‘combustor exit temperature’’ can only 

come from advanced airfoil cooling. 

Taking note of the higher combustor exit 

temperature for 9E003.a.2 that was 

implemented in 2012, it then follows to 

increase the limiting temperatures for 

cooled turbine blades, vanes and ‘‘tipshrouds’’ in 9E003.a.5. 

A Technical Note is added to define 

‘gas path temperature’ as this term is 

used in the newly revised 9E003.a.5 

parameter. 

9E003.h.3 is amended by replacing 

the period with a semi-colon. 

Supplement No. 1 to Part 774 (the 

Commerce Control List), Supplement 

No. 2 ‘‘General Technology and 

Software Notes’’ 

The ‘‘General Software Note’’ (GSN) is 

amended by adding some provisions 

that align with what WA Participating 

States have already been doing. While 

WA implements the GSN as a decontrol 

note, the U.S. implements it as criteria 

for License Exception TSU and a cross 

reference to § 740.13 is included. 

Additionally, paragraph 2 of the GSN 

that refers to ‘‘in the public domain,’’ is 

replaced with a reference to Section 

734.3(b)(3) for regulations that set forth 

provisions for ‘‘publicly available 

technology and software.’’ 

Paragraph 3 of the GSN sets forth the 

provision to cover minimum necessary 

‘‘software’’ for the installation, 

operation, maintenance (checking) or 

repair of authorized equipment. It was 

decided to add ‘‘object code’’ to make 

sure that ‘‘source code’’ is not released 

by the GSN. Also a Note was included 

to clarify that the minimum necessary 

‘‘object code’’ is not software that can 

enhance or improve the performance of 

an item or provide new features or 

functionality. The GSN does not apply 

to ‘‘software’’ controlled by Category 5 

Part 2 ‘‘Information Security,’’ instead a 

similar note addresses such ‘‘software’’ 

in Note 3 to Category 5 Part 2 

‘‘Cryptography Note.’’ 

Supplement No. 5 to Part 774 (Items 

Classified Under ECCNS 0A521, 0B521, 

0C521, 0D521 AND 0E521) 

This rule revises section 0D521 and 

0E521 of Supplement No. 5 to part 774 

to add two new entries 0D521 No. 2 and 

0E521 No. 6. The explanation for these 

additions is found under 7D004 in the 

preamble of this rule. 

Supplement No. 1 to § 740.11 

(Additional restrictions on use of license 

Exception GOV) is amended by 

removing the phrase ‘‘radio frequency 

(RF) transmitting equipment’’ and 

adding in its place ‘‘Counter Improvised 

Explosive Device (IED) equipment and 

related equipment’’ in two places in 

paragraph (a)(1)(vii)(C) and in two 

places in paragraph (b)(1)(vii)(C), 

because the scope of 5A001.h is 

expanded to control more equipment. 

Part 742 (Control Policy—CCL Based 

Controls) 

Section 742.15 (Encryption Items) is 

amended by revising paragraph (d). This 

rule adds paragraph (d)(2) to grandfather 

classification requests and encryption 

registrations submitted after June 15, 

2010 for components that received a 

classification of 5X002 § 742.17(b)(3) 

and that meet the newly added 

paragraph (b) of the Cryptography Note 

3 in Category 5 Part 2 of the Commerce 

Control List in Supplement No. 1 to part 

774, if you include these components in 

your self-classification report. 

Part 743 Special Reporting 

WA has three levels of controls as 

reflected in its Basic List (BL), Sensitive 

List (SL), and Very Sensitive List (VSL). 

BIS makes certain items on the WA BL 

and SL eligible for license exceptions. 

Because of the U.S. obligations under its 

agreements to the WA, the United States 

must report on SL items exported 

outside of the WA membership 

countries. BIS does this by gathering 

data from its licensing database. To 

collect data on exports made under 

license exceptions, BIS requires WA 

reporting on SL items exported 

(excluding deemed exports) under 

License Exceptions GBS, CIV, TSR, LVS, 

APP, STA, and portions of GOV. As a 

result of WA making changes to its SL, 

this rule makes corresponding changes 

to the reporting requirements of section 

743.1 of the EAR. 

The Note to Section 743.1(c)(1)(ii) is 

simplified by combining the list of 

software and technology that require 

WA reporting under ECCNs 2D001, 

2E001 and 2E002, as well as 

harmonizing these requirements with 

the changes made to the WA Sensitive 

List. 

Part 770 Interpretations 

Section 770.2 is amended by revising 

paragraph (h) ‘‘Ground Vehicles’’ to 

harmonize with changes WA made to 

ML 6. WA changed ML 6 to clarify the 

scope of ML 6 by adding three specific 

parameter paragraphs to distinguish 

military vehicles from commercial 

vehicles used for security. 

§ 772.1 Definitions of Terms as Used 

in the Export Administration 

Regulations (EAR) 

The definition for ‘‘diffusion 

bonding’’ is amended by removing the 

word ‘‘molecular’’, replacing the phrase 

‘‘two separate metals’’ with ‘‘two 

separate pieces of metals’’, and adding 

a phrase ‘‘wherein the principal 

mechanism is interdiffusion of atoms 

across the interface’’ to the end of the 

definition. It was inappropriate to use 

the term ‘‘molecular’’ in describing 

metallic bonds, because molecules do 

not exist in solid-state metals. In 

addition, to achieve diffusion bonding, 

interdiffusion of at least two separate 

atoms of metals across the interface 

must occur. Then, through the diffusion 

bonding, the atoms are joined into 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37381 

diffusion bonded metals (metallic 

bonds). 

The definition for ‘‘dynamic signal 

analyzers’’ is removed from § 772.1. The 

existing controls on Dynamic Signal 

Analyzers are commonly interpreted to 

require both phase and amplitude at the 

output. By deleting the concept of 

‘‘Dynamic Signal Analyzer’’ and 

replacing it with ‘‘Signal Analyzer’’ the 

requirement that both phase and 

amplitude be in the output is removed. 

The definition for ‘‘frequency mask 

trigger’’ is added to define pulse 

equipment (3A002.c.5) that allows the 

detection and processing of unknown 

short duration, transient, sporadic, and 

burst RF signals. 

The definition for ‘‘object code’’ is 

amended by replacing ‘‘(Cat 9)’’ with 

‘‘(GSN)’’ because this term is not used 

in Cat 9 and it is now used in the 

General Software Note to make sure that 

the GSN only covers object code and not 

source code. 

The definition for ‘‘personal area 

network’’ is amended by adding the 

phrase ‘‘and their nearby surrounding 

spaces’’ to harmonize with the range 

increase included in the 5A002 

exclusion Note .i limits (not exceeding 

100 meters). 

The definition for ‘‘real-time 

bandwidth’’ is revised to better define 

the concept of gap-free analysis of the 

input data, and to assure that the scope 

of control remains focused on what 

‘‘signal analyzers’’ was intended to 

control. 

The definition for ‘‘space-qualified’’ is 

amended by removing the reference to 

Cat 8, because Cat 8 no longer has 

‘‘space-qualified’’ equipment. The 

revision of the text was to clarify the 

definition and close a loophole. 

The definition for ‘‘substrate blanks’’ 

is amended by replacing ‘‘Cat 6’’ with 

‘‘Cat 3 and 6,’’ because this term is now 

used in 3B001.h.1 to control multi-layer 

masks with a phase shift layer. 

Export Administration Act 

Since August 21, 2001, the Export 

Administration Act of 1979, as 

amended, has been in lapse. However, 

the President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013), 

and as extended by the Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012) 

has continued the EAR in effect under 

the International Emergency Economic 

Powers Act (50 U.S.C. §§ 1701 et seq.). 

BIS continues to carry out the 

provisions of the Export Administration 

Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222 as amended by Executive 

Order 13637. 

Saving Clause 

Shipments of items removed from 

license exception eligibility or eligibility 

for export without a license as a result 

of this regulatory action that were on 

dock for loading, on lighter, laden 

aboard an exporting carrier, or en route 

aboard a carrier to a port of export, on 

June 20, 2013, pursuant to actual orders 

for export to a foreign destination, may 

proceed to that destination under the 

previous license exception eligibility or 

without a license so long as they have 

been exported from the United States 

before August 19, 2013. Any such items 

not actually exported before midnight, 

on August 19, 2013, require a license in 

accordance with this regulation. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This rule 

has been designated to be a ‘‘significant 

regulatory action’’ although not 

economically significant, under 

Executive Order 12866. Accordingly, 

the rule has been reviewed by the Office 

of Management and Budget. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule 

involves two collections of information 

subject to the PRA. One of the 

collections has been approved by OMB 

under control number 0694–0088, 

‘‘Multi-Purpose Application,’’ and 

carries a burden hour estimate of 58 

minutes for a manual or electronic 

submission. The other of the collections 

has been approved by OMB under 

control number 0694–0106, ‘‘Reporting 

and Recordkeeping Requirements under 

the Wassenaar Arrangement,’’ and 

carries a burden hour estimate of 21 

minutes for a manual or electronic 

submission. Send comments regarding 

these burden estimates or any other 

aspect of these collections of 

information, including suggestions for 

reducing the burden, to OMB Desk 

Officer, New Executive Office Building, 

Washington, DC 20503; and to Jasmeet 

Seehra, OMB Desk Officer, by email at 

Jasmeet_K._Seehra@omb.eop.gov or by 

fax to (202) 395–7285; and to the Office 

of Administration, Bureau of Industry 

and Security, Department of Commerce, 

14th and Pennsylvania Avenue NW., 

Room 6622, Washington, DC 20230. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The provisions of the 

Administrative Procedure Act (5 U.S.C. 

553) requiring notice of proposed 

rulemaking, the opportunity for public 

participation, and a 30-day delay in 

effective date, are inapplicable because 

this regulation involves a military and 

foreign affairs function of the United 

States (5 U.S.C. 553(a)(1)). Immediate 

implementation of these amendments 

fulfills the United States’ international 

obligation to the Wassenaar 

Arrangement on Export Controls for 

Conventional Arms and Dual-Use Goods 

and Technologies. The Wassenaar 

Arrangement contributes to 

international security and regional 

stability by promoting greater 

responsibility in transfers of 

conventional arms and dual use goods 

and technologies, thus preventing 

destabilizing accumulations of such 

items. The Wassenaar Arrangement 

consists of 41 member countries that act 

on a consensus basis and the changes 

set forth in this rule implement 

agreements reached at the December 

2012 plenary session of the WA. 

Because the United States is a 

significant exporter of the items in this 

rule, implementation of this provision is 

necessary for the WA to achieve its 

purpose. Any delay in implementation 

will create a disruption in the 

movement of affected items globally 

because of disharmony between export 

control measures implemented by WA 

members, resulting in tension between 

member countries. Export controls work 

best when all countries implement the 

same export controls in a timely 

manner. If this rulemaking were delayed 

to allow for notice and comment and a 

30-day delay in effectiveness, it would 

prevent the United States from fulfilling 

its commitment to the WA in a timely 

manner and would injure the credibility 

of the United States in this and other 

multilateral regimes. 

Further, no other law requires that a 

notice of proposed rulemaking and an 

opportunity for public comment be 

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37382 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

given for this final rule. Because a 

notice of proposed rulemaking and an 

opportunity for public comment are not 

required to be given for this rule under 

the Administrative Procedure Act or by 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. Therefore, this 

regulation is issued in final form. 

Although there is no formal comment 

period, public comments on this 

regulation are welcome on a continuing 

basis. Comments should be submitted to 

Sharron Cook, Office of Exporter 

Services, Bureau of Industry and 

Security, Department of Commerce, 

14th and Pennsylvania Ave. NW., Room 

2099, Washington, DC 20230. 

List of Subjects 

15 CFR Part 738 

Exports. 

15 CFR Parts 740 and 752 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 742 

Exports, Terrorism. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Parts 746 and 774 

Exports, Reporting and recordkeeping 

requirements. 

15 CFR Parts 770 and 772 

Exports. 

Accordingly, Parts 738, 740, 742, 743, 

746, 752, 770, 772, and 774 of the 

Export Administration Regulations (15 

CFR parts 730–774) are amended as 

follows: 

PART 738 [AMENDED] 

■ 1. The authority citation for Part 738 

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 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 2. Section 738.3 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 738.3 Commerce Country Chart 

structure. 

(a) * * * 

(1) ECCNs 0A983, 5A001.f.1, 5A980, 

5D001 (for 5A001.f.1, or for 5E001.a (for 

5A001.f.1 or for 5D001.a (for 

5A001.f.1))), 5D980, 5E001.a (for 

5A001.f.1, or for 5D001.a (for 

5A001.f.1)) and 5E980. A license is 

required for all destinations for items 

controlled under these entries. For items 

controlled by 0A983, 5E001.a (for 

5A001.f.1, or for 5D001.a (for 

5A001.f.1)) and 5E980, no license 

exceptions apply. For items controlled 

by 5A001.f.1, 5A980, 5D001 (for 

5A001.f.1 or for 5E001.a (for 5A001.f.1, 

or for 5D001.a (for 5A001.f.1))) and 

5D980, License Exception GOV may 

apply if your item is consigned to and 

for the official use of an agency of the 

U.S. Government (see § 740.2(a)(3)). If 

your item is controlled by 0A983, 

5A001.f.1, 5A980, 5D001 (for 5A001.f.1 

or for 5E001.a (for 5A001.f.1, or for 

5D001.a (for 5A001.f.1))), 5D980, 

5E001.a (for 5A001.f.1, or for 5D001.a 

(for 5A001.f.1)) or 5E980 you should 

proceed directly to Part 748 of the EAR 

for license application instructions and 

§§ 742.11 or 742.13 of the EAR for 

information on the licensing policy 

relevant to these types of applications. 

* * * * * 

PART 740 [AMENDED] 

■ 3. The authority citation for Part 740 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 7201 et seq.; 

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 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 4. Section 740.2 is amended by 

revising paragraph (a)(3) to read as 

follows: 

§ 740.2 Restrictions on all License 

Exceptions. 

(a) * * * 

(3) The item is primarily useful for 

surreptitious interception of wire, oral, 

or electronic communications, or related 

software, controlled under ECCNs 

5A001.,f.1 5A980, 5D001 (for 5A001.f.1 

or for 5E001.a (for 5A001.f.1, or for 

5D001.a (for 5A001.f.1))), or 5D980, 

unless the item is consigned to and for 

the official use of an agency of the U.S. 

Government (see § 740.11(b)(2)(ii) of 

this part, Governments (GOV)). No 

license exceptions apply for 5E001.a (for 

5A001.f.1, or for 5D001.a (for 

5A001.f.1)) or for 5E980. 

* * * * * 

§ 740.11 [Amended] 

■ 5. Supplement No. 1 to § 740.11 is 

amended by removing the phrase ‘‘radio 

frequency (RF) transmitting equipment’’ 

and adding in its place ‘‘Counter 

Improvised Explosive Device (IED) 

equipment and related equipment’’ in 

two places in paragraph (a)(1)(vii)(C) 

and in two places in paragraph 

(b)(1)(vii)(C). 

PART 742 [AMENDED] 

■ 6. The authority citation for Part 742 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.; 

42 U.S.C. 2139a; 22 U.S.C. 7201 et seq.; 22 

U.S.C. 7210; Sec. 1503, Pub. L. 108–11, 117 

Stat. 559; E.O. 12058, 43 FR 20947, 3 CFR, 

1978 Comp., p. 179; E.O. 12851, 58 FR 33181, 

3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 

FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. 

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

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

Comp., p. 783; Presidential Determination 

2003–23 of May 7, 2003, 68 FR 26459, May 

16, 2003; Notice of August 15, 2012, 77 FR 

49699 (August 16, 2012); Notice of November 

1, 2012, 77 FR 66513 (November 5, 2012). 

■ 7. Section 742.13 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 742.13 Communications intercepting 

devices; software and technology for 

communications intercepting devices. 

(a) License requirement. (1) In support 

of U.S. foreign policy to prohibit the 

export of items that may be used for the 

surreptitious interception of wire, oral, 

or electronic communications, a license 

is required for all destinations, 

including Canada, for ECCNs having an 

‘‘SL’’ under the ‘‘Reason for Control’’ 

paragraph. These items include any 

electronic, mechanical, or other device 

primarily useful for the surreptitious 

interception of wire, oral, or electronic 

communications (ECCNs 5A001.f.1 and 

5A980); and for related ‘‘software’’ 

primarily useful for the surreptitious 

interception of wire, oral, or electronic 

communications (ECCN 5D001.c and 

5D980.a); and ‘‘software’’ primarily 

useful for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of devices 

controlled under ECCNs 5A001.f.1 and 

5A980 (ECCNs 5D001.a and 5D980.b); 

and for ‘‘technology’’ primarily useful 

for the ‘‘development’’, ‘‘production’’, or 

‘‘use’’ of items controlled by ECCNs 

5A001.f.1, 5D001.a (for 5A001.f.1), 

5A980 and 5D980 (ECCNs 5E001.a and 

5E980); and for ‘‘software’’ primarily 

useful to support such ECCN 5E001.a 

‘‘development’’, ‘‘production’’, or ‘‘use’’ 

‘‘technology’’ for 5A001.f.1 equipment 

and certain 5D001.a ‘‘software’’ (ECCN 

5D001.b). These licensing requirements 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37383 

do not supersede the requirements 

contained in the Omnibus Crime 

Control and Safe Streets Act of 1968, as 

amended (18 U.S.C. 2512). This license 

requirement is not reflected on the 

Commerce Country Chart (Supplement 

No. 1 to Part 738 of the EAR). 

* * * * * 

■ 8. Section 742.15 is amended by 

revising paragraph (d) to read as 

follows: 

§ 742.15 Encryption items. 

* * * * * 

(d) Grandfathering. (1) For mass 

market encryption commodities, 

software and components described in 

(or otherwise meeting the specifications 

of) paragraph (b) of this section effective 

June 25, 2010, such items reviewed and 

classified by BIS as mass market 

products prior to June 25, 2010 are 

authorized for export and reexport 

under paragraph (b) of this section using 

the CCATS previously issued by BIS, 

without any encryption registration (i.e., 

the information described in 

Supplement No. 5 to this part), new 

classification by BIS, or selfclassification reporting (i.e., the 

information described in Supplement 

No. 8 to this part), provided the 

cryptographic functionality of the item 

has not changed. See paragraph 

(b)(7)(i)(C) of this section regarding 

changes in encryption functionality 

following a previous classification. 

(2) If you have components that meet 

paragraph (b) of the Cryptography Note 

3 in Category 5 Part 2 of the Commerce 

Control List in Supplement No. 1 to part 

774 and the components have 

previously been classified under ECCN 

5X002 pursuant to § 740.17(b)(3) or selfclassified under § 740.17(b)(1) after June 

25, 2010, a new classification request is 

not required to make it eligible for 

paragraph (b) to Note 3 under 

§ 742.15(b)(3), i.e., 5X992, if you include 

these components in your selfclassification report submitted to BIS 

and the ENC Encryption Request 

Coordinator no later than February 1 

following the calendar year in which 

you first export or reexport the 

reclassified components. 

PART 743 [AMENDED] 

■ 9. The authority citation for part 743 

is revised to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; E.O. 13637 of 

March 8, 2013, 78 FR 16129 (March 13, 

2013); Notice of August 15, 2012, 77 FR 

49699 (August 16, 2012). 

■ 10. Section 743.1 is amended by 

revising the Note to paragraph (c)(1)(ii) 

to read as follows: 

§ 743.1 Wassenaar Arrangement. 

* * * * * 

(c) * * * 

(1) * * * 

(ii) * * * 

Note to Paragraph (c)(1)(ii): Reports for 

2D001, 2E001 and 2E002 are for equipment 

as follows: 

a. Machine tools for turning having all of 

the following: 

1. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 3 mm according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis; and 

2. Two or more axes which can be 

coordinated simultaneously for ‘‘contouring 

control’’. 

b. Machine tools for milling having any of 

the following: 

1. Having all of the following: 

i. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 3 mm according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis; and 

ii. Three linear axes plus one rotary axis 

which can be coordinated simultaneously for 

‘‘contouring control’’; 

2. Specified by 2B001.b.2.a, 2B001.b.2.b or 

2B001.b.2.c and having a positioning 

accuracy with ‘‘all compensations available’’ 

equal to or less (better) than 3 mm according 

to ISO 230/2 (2006) or national equivalents 

along one or more linear axis; or 

3. A positioning accuracy for jig boring 

machines, with ‘‘all compensations 

available’’, equal to or less (better) than 3 mm 

according to ISO 230/2 (2006) or national 

equivalents along one or more linear axis; 

c. Electrical discharge machines (EDM) as 

specified in 2B001.d. 

d. Deep-hole-drilling machines as specified 

in 2B001.f. 

e. ‘‘Numerically controlled’’ or manual 

machine tools as specified in 2B003. 

* * * * * 

PART 746 [AMENDED] 

■ 11. The authority citation for Part 746 

continues to read as follows: 

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

U.S.C. 1701 et seq.; 22 U.S.C. 287c; Sec 1503, 

Pub. L. 108–11, 117 Stat. 559; 22 U.S.C. 6004; 

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

12854, 58 FR 36587, 3 CFR, 1993 Comp., p. 

614; E.O. 12918, 59 FR 28205, 3 CFR, 1994 

Comp., p. 899; E.O. 13222, 3 CFR, 2001 

Comp., p. 783; E.O. 13338, 69 FR 26751, 3 

CFR, 2004 Comp., p 168; Presidential 

Determination 2003–23 of May 7, 2003, 68 

FR 26459, May 16, 2003; Presidential 

Determination 2007–7 of December 7, 2006, 

72 FR 1899 (January 16, 2007); Notice of May 

9, 2012, 77 FR 27559 (May 10, 2012); Notice 

of August 15, 2012, 77 FR 49699 (August 16, 

2012). 

■ 12. Section 746.7 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 746.7 Iran. 

* * * * * 

(a) License Requirements—(1) EAR 

license requirements. A license is 

required under the EAR to export or 

reexport to Iran any item on the CCL 

containing a CB Column 1, CB Column 

2, CB Column 3, NP Column 1, NP 

Column 2, NS Column 1, NS Column 2, 

MT Column 1, RS Column 1, RS 

Column 2, CC Column 1, CC Column 2, 

CC Column 3, AT Column 1 or AT 

Column 2 in the Country Chart Column 

of the License Requirements section of 

an ECCN or classified under ECCNs 

0A980, 0A982, 0A983, 0A985, 0E982, 

1C355, 1C395, 1C980, 1C981, 1C982, 

1C983, 1C984, 2A994, 2D994, 2E994, 

5A001.f.1, 5A980, 5D001 (for 

5A001.f.1or for 5E001.a (for 5A001.f.1, 

or for 5D001.a (for 5A001.f.1))), 5D980, 

5E001.a (for 5A001.f.1, or for 5D001.a 

(for 5A001.f.1)) or 5E980. 

* * * * * 

PART 752 [AMENDED] 

■ 13. The authority citation for Part 752 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13020, 61 FR 54079, 

3 CFR, 1996 Comp., p. 219; E.O. 13222, 66 

FR 44025, 3 CFR, 2001 Comp., p. 783; Notice 

of August 15, 2012, 77 FR 49699 (August 16, 

2012). 

■ 14. Section 752.3 is amended by 

revising paragraph (a)(7) to read as 

follows: 

§ 752.3 Eligible items. 

(a) * * * 

(7) Communications intercepting 

devices and related software and 

technology controlled by ECCNs 

5A001.f.1, 5A980, 5D001 (for 5A001.f.1 

or for 5E001.a (for 5A001.f.1, or for 

5D001.a (for 5A001.f.1))), 5D980, 

5E001.a (for 5A001.f.1, or for 5D001.a 

(for 5A001.f.1)) or 5E980 on the CCL; 

* * * * * 

PART 770 [AMENDED] 

■ 15. The authority citation for Part 770 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012). 

■ 16. Section 770.2 is amended by 

revising paragraph (h) to read as 

follows: 

§ 770.2 Item Interpretations. 

* * * * * 

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37384 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

(h) Interpretation 8: Ground vehicles. 

(1) The U.S. Department of Commerce, 

Bureau of Industry and Security has 

export licensing jurisdiction over 

ground transport vehicles (including 

trailers), parts, and components therefor 

specially designed or modified for noncombat military use. Vehicles in this 

category are primarily transport vehicles 

designed or modified for transporting 

cargo, personnel and/or equipment, or 

to move other vehicles and equipment 

over land and roads in close support of 

fighting vehicles and troops. The U.S. 

Department of Commerce, Bureau of 

Industry and Security also has export 

licensing jurisdiction over vehicles 

specified in 9A018.b.2, if they do not 

have armor described in 22 CFR 121, 

Category XIII. In this section, and in 

ECCN 9A018, the word ‘‘unarmed’’ 

means not having weapons installed, 

not having mountings for weapons 

installed, and not having special 

reinforcements for mountings for 

weapons. 

(2) Modification of a ground vehicle 

for military use entails a structural, 

electrical or mechanical change 

involving one or more specially 

designed military components. Such 

components include, but are not limited 

to: 

(i) Pneumatic tire casings of a kind 

designed to be bullet-proof or to run 

when deflated; 

(ii) Tire inflation pressure control 

systems, operated from inside a moving 

vehicle; 

(iii) Armored protection of vital parts, 

(e.g., fuel tanks or vehicle cabs); and 

(iv) Special reinforcements for 

mountings for weapons. 

(3) Scope of ECCN 9A018.b: Ground 

transport vehicles (including trailers) 

and parts and components therefor 

specially designed or modified for noncombat military use are controlled by 

ECCN 9A018.b.1. Unarmed vehicles 

specified in 9A018.b.2 that are not 

described in paragraph (h)(4) of this 

section. ECCN 9A018.b does not cover 

civil vehicles designed or modified for 

transporting money or valuables even if 

such vehicles incorporate items 

described in paragraphs (h)(2)(i), (ii), or 

(iii) of this section. Ground vehicles that 

are not described in paragraph (h)(4) of 

this section and that are not covered by 

either ECCN 9A018.b or 9A990 are 

EAR99, meaning that they are subject to 

the EAR, but not listed in any specific 

ECCN. 

(4) Related control: The Department of 

State, Directorate of Defense Trade 

Controls has export licensing 

jurisdiction for all military ground 

armed or armored vehicles and parts 

and components specific thereto as 

described in 22 CFR part 121, Category 

VII. The Department of State, 

Directorate of Defense Trade Controls 

also has export licensing jurisdiction for 

all-wheel drive vehicles capable of offroad use that have been armed or 

armored with articles described in 22 

CFR part 121 or that have been 

manufactured or fitted with special 

reinforcements for mounting arms or 

other specialized military equipment 

described in 22 CFR part 121. 

* * * * * 

PART 772 [AMENDED] 

■ 17. The authority citation for part 772 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025, 

3 CFR, 2001 Comp., p. 783; Notice of August 

15, 2012, 77 FR 49699 (August 16, 2012). 

■ 18. Section 772.1 is amended by: 

■ a. Revising the definitions for 

‘‘diffusion bonding,’’ ‘‘personal area 

network,’’ ‘‘real-time bandwidth,’’ 

‘‘space-qualified’’; 

■ b. Removing the definition ‘‘dynamic 

signal analyzers;’’ 

■ c. Adding a definition for ‘‘frequency 

mask trigger’’; 

■ d. Removing ‘‘(Cat 9)’’ and adding in 

its place ‘‘(GSN)’’ in the definition of 

‘‘object code;’’ and 

■ e. Removing ‘‘(Cat 6)’’ and adding in 

its place ‘‘(Cat 3 and 6)’’ in the 

definition of ‘‘substrate blanks’’. 

The revisions and addition read as 

follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Diffusion bonding. (Cat 1, 2, and 9)— 

A solid state joining of at least two 

separate pieces of metals into a single 

piece with a joint strength equivalent to 

that of the weakest material, wherein 

the principal mechanism is 

interdiffusion of atoms across the 

interface. 

* * * * * 

Frequency mask trigger. (Cat 3)—For 

‘‘signal analyzers’’ a mechanism where 

the trigger function is able to select a 

frequency range to be triggered on as a 

subset of the acquisition bandwidth 

while ignoring other signals that may 

also be present within the same 

acquisition bandwidth. A ‘‘frequency 

mask trigger’’ may contain more than 

one independent set of limits. 

* * * * * 

Personal area network. (Cat 5 Part 

2)—A data communication system 

having all of the following 

characteristics: 

(a) Allows an arbitrary number of 

independent or interconnected ‘data 

devices’ to communicate directly with 

each other; and 

(b) Is confined to the communication 

between devices within the immediate 

vicinity of an individual person or 

device controller (e.g., single room, 

office, or automobile, and their nearby 

surrounding spaces). 

Technical Note: ‘Data device’ means 

equipment capable of transmitting or 

receiving sequences of digital information. 

* * * * * 

Real time bandwidth. (Cat 3)—For 

‘‘signal analyzers’’, the widest frequency 

range for which the analyzer can 

continuously transform time domain 

data entirely into frequency-domain 

results, using Fourier or other discrete 

time transform that processes every 

incoming time point without gaps or 

windowing effects that causes a 

reduction of measured amplitude of 

more than 3 dB below the actual signal 

amplitude, while outputting or 

displaying the transformed data. 

* * * * * 

Space-qualified. (Cat 3 and 6)— 

Designed, manufactured, or qualified 

through successful testing, for operation 

at altitudes greater than 100 km above 

the surface of the Earth. 

Note: A determination that a specific item 

is ‘‘space qualified’’ by virtue of testing does 

not mean that other items in the same 

production run or model series are ‘‘space 

qualified’’ if not individually tested. 

* * * * * 

PART 774 [AMENDED] 

■ 19. The authority citation for 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 15, 2012, 77 

FR 49699 (August 16, 2012). 

■ 20. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1, 

ECCN 1A004 is amended by: 

■ a. Revising the introductory paragraph 

.a of the Items paragraph in the List of 

Items Controlled section; and 

■ b. Revising the Note at the end of the 

Items paragraph in the List of Items 

Controlled section, to read as follows: 

Supplement No. 1 to Part 774—The 

Commerce Control List 

* * * * * 

1A004 Protective and detection equipment 

and components, not specially designed 

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for military use, as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Full face masks, filter canisters and 

decontamination equipment therefor, 

designed or modified for defense against any 

of the following, and specially designed 

components therefor: 

Note: 1A004.a includes Powered Air 

Purifying Respirators (PAPR) that are 

designed or modified for defense against 

agents or materials, listed in 1A004.a. 

Technical Note: For the purpose of 

1A004.a, full face masks are also known as 

gas masks. 

* * * * * 

Note: 1A004 does not control: 

a. Personal radiation monitoring 

dosimeters; 

b. Occupational health or safety equipment 

limited by design or function to protect 

against hazards specific to residential safety 

or civil industries, including: 

1. Mining; 

2. Quarrying; 

3. Agriculture; 

4. Pharmaceutical; 

5. Medical; 

6. Veterinary; 

7. Environmental; 

8. Waste management; 

9. Food industry. 

* * * * * 

■ 21. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1, 

ECCN 1C001 is amended by revising 

paragraphs .b and .c in the Items 

paragraph of the List of Items Controlled 

section to read as follows: 

1C001 Materials specially designed for use 

as absorbers of electromagnetic waves, 

or intrinsically conductive polymers, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Materials for absorbing frequencies 

exceeding 1.5 × 1014 Hz but less than 3.7 × 

1014 Hz and not transparent to visible light; 

Note: 1C001.b does not apply to materials, 

specially designed or formulated for any of 

the following applications: 

a. Laser marking of polymers; or 

b. Laser welding of polymers. 

c. Intrinsically conductive polymeric 

materials with a ‘bulk electrical conductivity’ 

exceeding 10,000 S/m (Siemens per meter) or 

a ‘sheet (surface) resistivity’ of less than 100 

ohms/square, based on any of the following 

polymers: 

c.1. Polyaniline; 

c.2. Polypyrrole; 

c.3. Polythiophene; 

c.4. Poly phenylene-vinylene; or 

c.5. Poly thienylene-vinylene. 

Note: 1C001.c does not apply to materials 

in a liquid form. 

Technical Note: ‘Bulk electrical 

conductivity’ and ‘sheet (surface) resistivity’ 

should be determined using ASTM D–257 or 

national equivalents. 

■ 22. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2B001 is amended by: 

■ a. Revising the Header; 

■ b. Revising the Unit paragraph in the 

List of Items Controlled section; 

■ c. Revising Note 2 of the Items 

paragraph in the List of Items Controlled 

section; 

■ d. Revising paragraphs .a.1, .b, and .f 

in the Items paragraph in the List of 

Items Controlled section, to read as 

follows: 

2B001 Machine tools and any combination 

thereof, for removing (or cutting) metals, 

ceramics or ‘‘composites’’, which, 

according to the manufacturer’s 

technical specifications, can be 

equipped with electronic devices for 

‘‘numerical control’’; as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: Machine tools in number 

Related Controls: * * * 

Related Definitions: * * * 

Items: 

* * * * * 

Note 2: 2B001 does not control special 

purpose machine tools limited to the 

manufacture of any of the following: 

a. Crank shafts or cam shafts; 

b. Tools or cutters; 

c. Extruder worms; 

d. Engraved or faceted jewelry parts; or 

e. Dental prostheses. 

* * * * * 

a. * * * 

a.1. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 3.0 mm according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis; and 

* * * * * 

b. Machine tools for milling having any of 

the following: 

b.1. Having all of the following: 

b.1.a. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 3 mm according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis; and 

b.1.b. Three linear axes plus one rotary axis 

which can be coordinated simultaneously for 

‘‘contouring control’’; 

b.2. Five or more axes which can be 

coordinated simultaneously for ‘‘contouring 

control’’ having any of the following: 

Note: ‘Parallel mechanism machine tools’ 

are specified by 2B001.b.2.d. 

b.2.a. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 3.0 mm according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis with a travel length less than 

1 m; 

b.2.b. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 4.5 mm according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis with a travel length equal to 

or greater than 1 m and less than 2 m; 

b.2.c. Positioning accuracy with ‘‘all 

compensations available’’ equal to or less 

(better) than 4.5 + 7x(L–2) mm (L is the travel 

length in meters) according to ISO 230/2 

(2006) or national equivalents along one or 

more linear axis with a travel length equal to 

or greater than 2 m; or 

b.2.d. Being a ‘parallel mechanism 

machine tool’; 

Technical Note: A ‘parallel mechanism 

machine tool’ is a machine tool having 

multiple rods which are linked with a 

platform and actuators; each of the actuators 

operates the respective rod simultaneously 

and independently. 

b.3. A positioning accuracy for jig boring 

machines, with ‘‘all compensations 

available’’, equal to or less (better) than 3.0 

mm according to ISO 230/2 (2006) or national 

equivalents along one or more linear axis; or 

b.4. Fly cutting machines having all of the 

following: 

b.4.a. Spindle ‘‘run-out’’ and ‘‘camming’’ 

less (better) than 0.0004 mm TIR; and 

b.4.b. Angular deviation of slide movement 

(yaw, pitch and roll) less (better) than 2 

seconds of arc, TIR, over 300 mm of travel; 

* * * * * 

f. Deep-hole-drilling machines and turning 

machines modified for deep-hole-drilling, 

having a maximum depth-of-bore capability 

exceeding 5 m. 

■ 23. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2B006 is amended by revising 

paragraph .b and .c in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

2B006 Dimensional inspection or 

measuring systems, equipment, and 

‘‘electronic assemblies’’, as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Linear and angular displacement 

measuring instruments, as follows: 

b.1. ‘Linear displacement’ measuring 

instruments having any of the following: 

Note: Displacement measuring ‘‘laser’’ 

interferometers are only specified by 

2B006.b.1.c. 

Technical Note: For the purpose of 

2B006.b.1 ‘linear displacement’ means the 

change of distance between the measuring 

probe and the measured object. 

b.1.a. Non-contact type measuring systems 

with a ‘‘resolution’’ equal to or less (better) 

than 0.2 mm within a measuring range up to 

0.2 mm; 

b.1.b. Linear voltage differential 

transformer systems having all of the 

following: 

b.1.b.1. ‘‘Linearity’’ equal to or less (better) 

than 0.1% within a measuring range up to 5 

mm; and 

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b.1.b.2. Drift equal to or less (better) than 

0.1% per day at a standard ambient test room 

temperature ± 1 K; 

b.1.c. Measuring systems having all of the 

following: 

b.1.c.1. Containing a ‘‘laser’’; and 

b.1.c.2. Maintaining, for at least 12 hours, 

at a temperature of 20 ± 1 °C, all of the 

following: 

b.1.c.2.a. A ‘‘resolution’’ over their full 

scale of 0.1 mm or less (better); and 

b.1.c.2.b. Capable of achieving a 

‘‘measurement uncertainty’’, when 

compensated for the refractive index of air, 

equal to or less (better) than (0.2 + L/2,000) 

mm (L is the measured length in mm); or 

b.1.d. ‘‘Electronic assemblies’’ specially 

designed to provide feedback capability in 

systems controlled by 2B006.b.1.c; 

Note: 2B006.b.1 does not control 

measuring interferometer systems, with an 

automatic control system that is designed to 

use no feedback techniques, containing a 

‘‘laser’’ to measure slide movement errors of 

machine-tools, dimensional inspection 

machines or similar equipment. 

b.2. Angular displacement measuring 

instruments having an ‘‘angular position 

deviation’’ equal to or less (better) than 

0.00025°; 

Note: 2B006.b.2 does not control optical 

instruments, such as autocollimators, using 

collimated light (e.g., laser light) to detect 

angular displacement of a mirror. 

c. Equipment for measuring surface 

roughness (including surface defects), by 

measuring optical scatter with a sensitivity of 

0.5 nm or less (better). 

Note: 2B006 includes machine tools, other 

than those specified by 2B001, that can be 

used as measuring machines, if they meet or 

exceed the criteria specified for the 

measuring machine function. 

■ 24. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2D001 is amended by revising the 

Heading and the Items paragraph of the 

List of Items Controlled section, to read 

as follows: 

2D001 ‘‘Software’’, other than that 

controlled by 2D002, as follows (See list 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. ‘‘Software’’ specially designed or 

modified for the ‘‘development’’ or 

‘‘production’’ of equipment controlled by 

2A001 or 2B001 to 2B009; 

b. ‘‘Software’’ specially designed or 

modified for the ‘‘use’’ of equipment 

specified by 2A001.c., 2B001, or 2B003 to 

2B009. 

Note: 2D001 does not apply to part 

programming ‘‘software’’ that generates 

‘‘numerical control’’ codes for machining 

various parts. 

■ 25. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2D002 is amended by revising the 

Items paragraph of the List of Items 

Controlled section to read as follows: 

2D002 ‘‘Software’’ for electronic devices, 

even when residing in an electronic 

device or system, enabling such devices 

or systems to function as a ‘‘numerical 

control’’ unit, capable of coordinating 

simultaneously more than 4 axes for 

‘‘contouring control’’. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

Note 1: 2D002 does not control ‘‘software’’ 

specially designed or modified for the 

operation of machine tools not specified by 

Category 2. 

Note 2: 2D002 does not control ‘‘software’’ 

for items specified by 2B002. See 2D001 and 

2D003 for ‘‘software’’ for items specified by 

2B002. 

Note 3: 2D002 does not apply to ‘‘software’’ 

that is exported with, and the minimum 

necessary for the operation of, machine tools 

not specified by Category 2. 

The list of items controlled is contained in 

the ECCN heading. 

■ 26. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2D003 is added after 2D002 to 

read as follows: 

2D003 ‘‘Software’’, designed or modified 

for the operation of equipment specified 

by 2B002, that converts optical design, 

workpiece measurements and material 

removal functions into ‘‘numerical 

control’’ commands to achieve the 

desired workpiece form. 

License Requirements 

Reason for Control: NS, AT 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 2. 

AT applies to entire 

entry.

AT Column 1. 

License Exceptions 

CIV: N/A 

TSR: Yes 

List of Items Controlled 

Unit: $ value 

Related Controls: See ECCN 2E001 

(‘‘development’’) for technology for 

‘‘software’’ controlled under this entry. 

Related Definitions: N/A 

Items: The list of items controlled is 

contained in the ECCN heading. 

■ 27. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3A001 is amended by revising 

paragraphs a.7, b.2, b.4.f.3, b.10, and 

b.11 in the Items paragraph of the List 

of Items Controlled section, to read as 

follows: 

3A001 Electronic components and 

specially designed components therefor, 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.7. ‘Field programmable logic devices’ 

having any of the following: 

a.7.a. A maximum number of single-ended 

digital input/outputs of 500 or greater; or 

a.7.b. An ‘aggregate one-way peak serial 

transceiver data rate’ or 200 Gb/s or greater; 

Note: 3A001.a.7 includes: 

—Simple Programmable Logic Devices 

(SPLDs) 

—Complex Programmable Logic Devices 

(CPLDs) 

—Field Programmable Gate Arrays (FPGAs) 

—Field Programmable Logic Arrays (FPLAs) 

—Field Programmable Interconnects (FPICs) 

Technical Notes: 

1. ‘Field programmable logic devices’ are 

also known as field programmable gate or 

field programmable logic arrays. 

2. Maximum number of digital input/ 

outputs in 3A001.a.7.a is also referred to as 

maximum user input/outputs or maximum 

available input/outputs, whether the 

integrated circuit is packaged or bare die. 

3. ‘Aggregate one-way peak serial 

transceiver data rate’ is the product of the 

peak serial one-way transceiver data rate 

times the number of transceivers on the 

FPGA. 

* * * * * 

b. * * * 

b.2. Microwave ‘‘Monolithic Integrated 

Circuits’’ (MMIC) power amplifiers having 

any of the following: 

b.2.a. Rated for operation at frequencies 

exceeding 3.2 GHz up to and including 6.8 

GHz and with an average output power 

greater than 4W (36 dBm) with a ‘‘fractional 

bandwidth’’ greater than 15%; 

b.2.b. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 16 

GHz and with an average output power 

greater than 1W (30 dBm) with a ‘‘fractional 

bandwidth’’ greater than 10%; 

b.2.c. Rated for operation at frequencies 

exceeding 16 GHz up to and including 31.8 

GHz and with an average output power 

greater than 0.8W (29 dBm) with a ‘‘fractional 

bandwidth’’ greater than 10%; 

b.2.d. Rated for operation at frequencies 

exceeding 31.8 GHz up to and including 37 

GHz and with an average output power 

greater than 0.1 nW (¥70 dBm); 

b.2.e. Rated for operation at frequencies 

exceeding 37 GHz up to and including 43.5 

GHz and with an average output power 

greater than 1.0 W (30 dBm) ; 

b.2.f. Rated for operation at frequencies 

exceeding 43.5 GHz up to and including 75 

GHz and with an average output power 

greater than 31.62 mW (15 dBm) with a 

‘‘fractional bandwidth’’ greater than 10%; 

b.2.g. Rated for operation at frequencies 

exceeding 75 GHz up to and including 90 

GHz and with an average output power 

greater than 10 mW (10 dBm) with a 

‘‘fractional bandwidth’’ greater than 5%; or 

b.2.h. Rated for operation at frequencies 

exceeding 90 GHz and with an average 

output power greater than 0.1 nW (¥70 

dBm). 

Note 1: [RESERVED] 

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Note 2: The control status of the MMIC 

whose rated operating frequency includes 

frequencies listed in more than one frequency 

range, as defined by 3A001.b.2.a through 

3A001.b.2.f, is determined by the lowest 

average output power control threshold. 

Note 3: Notes 1 and 2 following the 

Category 3 heading for product group A. 

Systems, Equipment, and Components mean 

that 3A001.b.2 does not control MMICs if 

they are specially designed for other 

applications, e.g., telecommunications, 

radar, automobiles. 

* * * * * 

b.4. * * * 

b.4.f. * * * 

b.4.f.3. Any two sides perpendicular to one 

another with either length d (in cm) equal to 

or less than 15 divided by the lowest 

operating frequency in GHz [d ≤ 15 cm*GHz/ 

fGHz]; 

Technical Note: 3.2 GHz should be used as 

the lowest operating frequency (fGHz) in the 

formula in 3A001.b.4.f.3., for amplifiers that 

have a rated operation range extending 

downward to 3.2 GHz and below 

[d≤15cm*GHz/3.2 GHz]. 

N.B.: MMIC power amplifiers should be 

evaluated against the criteria in 3A001.b.2. 

Note 1: [RESERVED] 

Note 2: The control status of an item whose 

rated operating frequency includes 

frequencies listed in more than one frequency 

range, as defined by 3A001.b.4.a through 

3A001.b.4.e, is determined by the lowest 

average output power control threshold. 

Note 3: 3A001.b.4 includes transmit/ 

receive modules and transmit modules. 

* * * * * 

b.10. Oscillators or oscillator assemblies, 

specified to operate with all of the following: 

b.10.a. A single sideband (SSB) phase 

noise, in dBc/Hz, better than ¥(126+20 

log10F–20 log10f) anywhere within the range 

of 10 Hz <F<10 kHz; and 

b.10.b. A single sideband (SSB) phase 

noise, in dBc/Hz, better than ¥(114+20 

log10F–20 log10f) anywhere within the range 

of 10 kHz < F < 500 kHz; 

Technical Note: In 3A001.b.10, F is the 

offset from the operating frequency in Hz and 

f is the operating frequency in MHz. 

b.11. ‘‘Frequency synthesizer’’ ‘‘electronic 

assemblies’’ having a ‘‘frequency switching 

time’’ as specified by any of the following: 

b.11.a. Less than 156 ps; 

b.11.b. Less than 100 ms for any frequency 

change exceeding 1.6 GHz within the 

synthesized frequency range exceeding 4.8 

GHz but not exceeding 10.6 GHz; 

b.11.c. Less than 250 ms for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 10.6 

GHz but not exceeding 31.8 GHz; 

b.11.d. Less than 500 ms for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 31.8 

GHz but not exceeding 43.5 GHz; or 

b.11.e. Less than 1 ms for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 43.5 

GHz but not exceeding 56 GHz; 

b.11.f. Less than 1 ms for any frequency 

change exceeding 2.2 GHz within the 

synthesized frequency range exceeding 56 

GHz but not exceeding 75 GHz; or 

b.11.g. Less than 1 ms within the 

synthesized frequency range exceeding 75 

GHz; 

N.B.: For general purpose ‘‘signal 

analyzers’’, signal generators, network 

analyzers and microwave test receivers, see 

3A002.c, 3A002.d, 3A002.e and 3A002.f, 

respectively. 

* * * * * 

■ 28. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3A002 is amended by revising 

paragraphs .c, .d, .e, and .f in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

3A002 General purpose electronic 

equipment and accessories therefor, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

c. Radio-frequency ‘‘signal analyzers’’ as 

follows: 

c.1. ‘‘Signal analyzers’’ having a 3 dB 

resolution bandwidth (RBW) exceeding 10 

MHz anywhere within the frequency range 

exceeding 31.8 GHz but not exceeding 37.5 

GHz; 

c.2. ‘‘Signal analyzers’’ having Displayed 

Average Noise Level (DANL) less (better) 

than –150 dBm/Hz anywhere within the 

frequency range exceeding 43.5 GHz but not 

exceeding 75 GHz; 

c.3. ‘‘Signal analyzers’’having a frequency 

exceeding 75 GHz; 

c.4. ‘‘Signal analyzers’’ having all of the 

following: 

c.4.a. ‘‘Real-time bandwidth’’ exceeding 85 

MHz; and 

c.4.b. 100% probability of discovery with 

less than a 3 dB reduction from full 

amplitude due to gaps or windowing effects 

of signals having a duration of 15 ms or less; 

Note: 3A002.c.4 does not apply to those 

‘‘signal analyzers’’ using only constant 

percentage bandwidth filters (also known as 

octave or fractional octave filters). 

Technical Notes: 

1. Probability of discovery in 3A002.c.4.b is 

also referred to as probability of intercept or 

probability of capture. 

2. For the purposes of 3A002.c.4.b, the 

duration for 100% probability of discovery is 

equivalent to the minimum signal duration 

necessary for the specified level 

measurement uncertainty. 

c.5. ‘‘Signal analyzers’’ having a 

‘‘frequency mask trigger’’ function with 

100% probability of trigger (capture) for 

signals having a duration of 15 ms or less; 

d. Frequency synthesized signal generators 

producing output frequencies, the accuracy 

and short term and long term stability of 

which are controlled, derived from or 

disciplined by the internal master reference 

oscillator, and having any of the following: 

d.1. Specified to generate pulses having all 

of the following, anywhere within the 

synthesized frequency range exceeding 31.8 

GHz but not exceeding 75 GHz: 

d.1.a. ‘Pulse duration’ of less than 100 ns; 

and 

d.1.b. On/off ratio equal to or exceeding 65 

dB; 

d.2. An output power exceeding 100 mW 

(20 dBm) anywhere within the synthesized 

frequency range exceeding 43.5 GHz but not 

exceeding 75 GHz; 

d.3. A ‘‘frequency switching time’’ as 

specified by any of the following: 

d.3.a. [RESERVED]; 

d.3.b. Less than 100 ms for any frequency 

change exceeding 1.6 GHz within the 

synthesized frequency range exceeding 4.8 

GHz but not exceeding 10.6 GHz; 

d.3.c. Less than 250 ms for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 10.6 

GHz but not exceeding 31.8 GHz; 

d.3.d. Less than 500 ms for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 31.8 

GHz but not exceeding 43.5 GHz; 

d.3.e. Less than 1 ms for any frequency 

change exceeding 550 MHz within the 

synthesized frequency range exceeding 43.5 

GHz but not exceeding 56 GHz; or 

d.3.f. Less than 1 ms for any frequency 

change exceeding 2.2 GHz within the 

synthesized frequency range exceeding 56 

GHz but not exceeding 75 GHz; 

d.4. Single sideband (SSB) phase noise, in 

dBc/Hz, specified as being all of the 

following: 

d.4.a. Less (better) than—(126+20 log10 F– 

20 log10f) for anywhere within the range of 

10 Hz F<10 kHz anywhere within the 

synthesized frequency range exceeding 3.2 

GHz but not exceeding 75 GHz; and 

d.4.b. Less (better) than—(114+20 log10 F– 

20 log10f) for anywhere within the range of 

10 kHz F< 500 kHz anywhere within the 

synthesized frequency range exceeding 3.2 

GHz but not exceeding 75 GHz; or 

Technical Note: In 3A002.d.4, F is the 

offset from the operating frequency in Hz and 

f is the operating frequency in MHz. 

d.5. A maximum synthesized frequency 

exceeding 75 GHz; 

Note 1: For the purpose of 3A002.d, 

frequency synthesized signal generators 

include arbitrary waveform and function 

generators. 

Note 2: 3A002.d does not control 

equipment in which the output frequency is 

either produced by the addition or 

subtraction of two or more crystal oscillator 

frequencies, or by an addition or subtraction 

followed by a multiplication of the result. 

Technical Notes: 

1. The maximum synthesized frequency of 

an arbitrary waveform or function generator 

is calculated by dividing the sample rate, in 

samples/second, by a factor of 2.5. 

2. For the purposes of 3A002.d.1.a, ‘pulse 

duration’ is defined as the time interval 

between the leading edge of the pulse 

achieving 90% of the peak and the trailing 

edge of the pulse achieving 10% of the peak. 

e. Network analyzers having any of the 

following: 

e.1. An output power exceeding 31.62 mW 

(15 dBm) anywhere within the operating 

frequency range exceeding 43.5 GHz but not 

exceeding 75 GHz; 

e.2. An output power exceeding 1 mW (0 

dBm) anywhere within the operating 

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37388 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

frequency range exceeding 75 GHz but not 

exceeding 110 GHz; 

e.3. ‘Nonlinear vector measurement 

functionality’ at frequencies exceeding 50 

GHz but not exceeding 110 GHz; or 

Technical Note: ‘Nonlinear vector 

measurement functionality’ is an 

instrument’s ability to analyze the test results 

of devices driven into the large-signal domain 

or the non-linear distortion range. 

e.4. A maximum operating frequency 

exceeding 110 GHz; 

f. Microwave test receivers having all of the 

following: 

f.1. Maximum operating frequency 

exceeding 110 GHz; and 

f.2. Being capable of measuring amplitude 

and phase simultaneously; 

* * * * * 

■ 29. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3B001 is amended by revising 

paragraphs .a, .b and .h in the Items 

paragraphs of the List of Items 

Controlled section, to read as follows: 

3B001 Equipment for the manufacturing of 

semiconductor devices or materials, as 

follows (see List of Items Controlled) 

and specially designed components and 

accessories therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Equipment designed for epitaxial growth 

as follows: 

a.1. Equipment 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; 

Note: 3B001.a.1 includes atomic layer 

epitaxy (ALE) equipment. 

a.2. Metal Organic Chemical Vapor 

Deposition (MOCVD) reactors designed for 

compound semiconductor epitaxial growth of 

material having two or more of the following 

elements: aluminum, gallium, indium, 

arsenic, phosphorus, antimony, or nitrogen; 

a.3. Molecular beam epitaxial growth 

equipment using gas or solid sources; 

b. Equipment designed for ion 

implantation and having any of the 

following: 

b.1. [RESERVED]; 

b.2. Being designed and optimized to 

operate at a beam energy of 20 keV or more 

and a beam current of 10 mA or more for 

hydrogen, deuterium, or helium implant; 

b.3. Direct write capability; 

b.4. A 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’’; or 

b.5. Being designed and optimized to 

operate at beam energy of 20keV or more and 

a beam current of 10mA or more for silicon 

implant into a semiconductor material 

‘‘substrate’’ heated to 600 °C or greater; 

* * * * * 

h. Multi-layer masks with a phase shift 

layer not specified by 3B001.g and having 

any of the following: 

h.1. Made on a mask ‘‘substrate blank’’ 

from glass specified as having less than 7 

nm/cm birefringence; or 

h.2. Designed to be used by lithography 

equipment having a light source wavelength 

less than 245 nm; 

Note: 3B001.h. does not control multi-layer 

masks with a phase shift layer designed for 

the fabrication of memory devices not 

controlled by 3A001. 

* * * * * 

■ 30. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3C002 is amended by: 

■ a. Revising the GBS and CIV 

paragraphs of the License Exceptions 

section; and 

■ b. Revising the Related Definitions 

and Items paragraphs in the List of 

Items Controlled section, to read as 

follows: 

3C002 Resist materials as follows (see List 

of Items Controlled) and ‘‘substrates’’ 

coated with the following resists. 

* * * * * 

License Exceptions 

LVS: * * * 

GBS: Yes for 3C002.a provided that they 

are not also controlled by 3C002.b through .e. 

CIV: Yes for 3C002.a provided that they are 

not also controlled by 3C002.b through .e. 

List of Items Controlled 

Unit: * * * 

Related Controls: * * * 

Related Definitions: N/A 

Items: 

a. Resists designed for semiconductor 

lithography as follows: 

a.1. Positive resists adjusted (optimized) 

for use at wavelengths less than 245 nm but 

equal to or greater than 15 nm; 

a.2. Resists adjusted (optimized) for use at 

wavelengths less than 15 nm but greater than 

1 nm; 

b. All resists designed for use with electron 

beams or ion beams, with a sensitivity of 0.01 

mcoulomb/mm2 or better; 

c. [RESERVED] 

d. All resists optimized for surface imaging 

technologies; 

e. All resists designed or optimized for use 

with imprint lithography equipment 

specified by 3B001.f.2 that use either a 

thermal or photo-curable process. 

■ 31. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 4, 

ECCN 4D001 is amended by revising 

paragraph .a in the Items paragraph of 

the List of Items Controlled section, to 

read as follows: 

4D001 ‘‘Software’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. ‘‘Software’’ specially designed or 

modified for the ‘‘development’’ or 

‘‘production’’, of equipment or ‘‘software’’ 

controlled by 4A001, 4A003, 4A004, or 4D 

(except 4D980, 4D993 or 4D994). 

* * * * * 

■ 32. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5A001 is amended by: 

■ a. Revising the License Requirements 

section; 

■ b. Revising the LVS paragraph in the 

License Exception section; and 

■ c. Revising paragraphs .f, .h, and .i in 

the Items paragraph of the List of Items 

Controlled, to read as follows: 

5A001 Telecommunications systems, 

equipment, components and accessories, 

as follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, SL, AT 

Control(s) Country Chart 

NS applies to 

5A001.a, .e, .b.5, 

f.3 and .h..

NS Column 1 

NS applies to 

5A001.b (except 

.b.5), .c, .d, .f (except f.3), and .g..

NS Column 2 

SL applies to 

5A001.f.1.

A license is required 

for all destinations, 

as specified in 

§ 742.13 of the 

EAR. Accordingly, a 

column specific to 

this control does 

not appear on the 

Commerce Country 

Chart (Supplement 

No. 1 to Part 738 of 

the EAR). 

Note to SL paragraph: This licensing requirement 

does not supersede, nor does it 

implement, construe or limit the 

scope of any criminal statute, including, but not limited 

to the Omnibus 

Safe Streets Act of 

1968, as amended. 

AT applies to entire 

entry.

AT Column 1 

License Requirement Notes: See § 743.1 of 

the EAR for reporting requirements for 

exports under License Exceptions. See 

§ 740.2(a)(3) of the EAR for restrictions on the 

use of License Exceptions for 5A001.f.1. 

License Exceptions 

LVS: N/A for 5A001.a, b.5, .e, f.3 and .h; 

$5000 for 5A001.b.1, .b.2, .b.3, .b.6, .d, f.2, 

f.4, and .g; 

$3000 for 5A001.c. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

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f. Mobile telecommunications interception 

or jamming equipment, and monitoring 

equipment therefor, as follows, and specially 

designed components therefor: 

f.1. Interception equipment designed for 

the extraction of voice or data, transmitted 

over the air interface; 

f.2. Interception equipment not specified in 

5A001.f.1, designed for the extraction of 

client device or subscriber identifiers (e.g., 

IMSI, TIMSI or IMEI), signaling, or other 

metadata transmitted over the air interface; 

f.3. Jamming equipment specially designed 

or modified to intentionally and selectively 

interfere with, deny, inhibit, degrade or 

seduce mobile telecommunication services 

and performing any of the following: 

f.3.a. Simulate the functions of Radio 

Access Network (RAN) equipment; 

f.3.b. Detect and exploit specific 

characteristics of the mobile 

telecommunications protocol employed (e.g., 

GSM); or 

f.3.c. Exploit specific characteristics of the 

mobile telecommunications protocol 

employed (e.g., GSM); 

f.4. Radio Frequency (RF) monitoring 

equipment designed or modified to identify 

the operation of items specified in 5A001.f.1, 

5A001.f.2 or 5A001.f.3. 

Note: 5A001.f.1 and 5A001.f.2 do not 

apply to any of the following: 

a. Equipment specially designed for the 

interception of analog Private Mobile Radio 

(PMR), IEEE 802.11 WLAN; 

b. Equipment designed for mobile 

telecommunications network operators; or 

c. Equipment designed for the 

‘‘development’’ or ‘‘production’’ of mobile 

telecommunications equipment or systems. 

N.B. 1: See also the International Traffic in 

Arms Regulations (ITAR) (22 CFR Parts 120– 

130). For items specified by 5A001.f.1 

(including as previously specified by 

5A001.i), see also5A980 and the U.S. 

Munitions List (22 CFR part 121). 

N.B. 2: For radio receivers see 5A001.b.5. 

* * * * * 

h. Counter Improvised Explosive Device 

(IED) equipment and related equipment, as 

follows: 

h.1. Radio Frequency (RF) transmitting 

equipment, not specified by 5A001.f, 

designed or modified for prematurely 

activating or preventing the initiation of 

Improvised Explosive Devices (IEDs); 

h.2. Equipment using techniques designed 

to enable radio communications in the same 

frequency channels on which co-located 

equipment specified by 5A001.h.1 is 

transmitting. 

N.B.: See also Category XI of the 

International Traffic in Arms Regulations 

(ITAR) (22 CFR Parts 120–130). 

i. [RESERVED] 

N.B.: See 5A001.f.1 for items previously 

specified by 5A001.i. 

■ 33. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5A980 is amended by 

revising the Heading and the List of 

Items Controlled section, to read as 

follows: 

5A980 Devices primarily useful for the 

surreptitious interception of wire, oral, 

or electronic communications, other 

than those controlled under 5A001.f.1; 

and parts and accessories therefor. 

* * * * * 

List of Items Controlled 

Unit: $ value. 

Related Controls: (1) See ECCN 5A001.f.1 for 

systems or equipment, specially designed 

or modified to intercept and process the air 

interface of ’mobile telecommunications’, 

and specially designed components 

therefor. (2) See ECCN 5D980 for 

‘‘software’’ for the ‘‘development’’, 

‘‘production’’ or ‘‘use’’ of equipment 

controlled by 5A980. (3) See ECCN 5E980 

for the ‘‘technology’’ for the 

‘‘development’’, ‘‘production’’, and ‘‘use’’ 

of equipment controlled by 5A980. 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

■ 34. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5B001 is amended by: 

■ a. Revising the STA paragraph in the 

License Exception section; and 

■ b. Revising paragraph .a in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

5B001 Telecommunication test, inspection 

and production equipment, components 

and accessories, as follows (See List of 

Items Controlled). 

* * * * * 

License Exceptions 

* * * * * 

STA: License Exception STA may not be 

used to ship 5B001.a equipment and 

specially designed components or 

accessories therefor, specially designed for 

the ‘‘development’’ or ‘‘production’’ of 

equipment, functions or features specified 

by in ECCN 5A001.b.3, .b.5 or .h to any of 

the eight destinations listed in 

§ 740.20(c)(2) of the EAR. 

List of Items Controlled 

* * * * * 

Items: 

a. Equipment and specially designed 

components or accessories therefor, specially 

designed for the ‘‘development’’ or 

‘‘production’’ of equipment, functions or 

features, controlled by 5A001; 

Note: 5B001.a does not apply to optical 

fiber characterization equipment. 

* * * * * 

■ 35. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5D001 is amended by 

revising the License Requirements 

section to read as follows: 

5D001 ‘‘Software’’ as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, SL, AT 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1. 

SL applies to the entire entry as applicable for equipment, functions, 

features, or characteristics controlled 

by 5A001.f.1.

A license is required 

for all destinations, 

as specified in 

§ 742.13 of the 

EAR. Accordingly, a 

column specific to 

this control does 

not appear on the 

Commerce Country 

Chart (Supplement 

No. 1 to Part 738 of 

the EAR). 

Note to SL paragraph: This licensing requirement 

does not supersede, nor does it 

implement, construe or limit the 

scope of any criminal statute, including, but not limited 

to the Omnibus 

Safe Streets Act of 

1968, as amended. 

AT applies to entire 

entry.

AT Column 1. 

License Requirement Notes: See § 743.1 of 

the EAR for reporting requirements for 

exports under License Exceptions. See 

§ 740.2(a)(3) of the EAR for restrictions on the 

use of License Exceptions for 5D001 (as it 

applies to 5A001.f.1 or 5E001.a (as it applies 

to 5A001.f.1 or 5D001.a (as it applies to 

5A001.f.1))). 

* * * * * 

■ 36. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5D980 is amended by 

revising the Heading and the Related 

Controls paragraph in the List of Items 

Controlled Section, to read as follows: 

5D980 Other ‘‘software’’, other than that 

controlled by 5D001 (for the equipment, 

functions, features, or characteristics 

controlled by 5A001. f.1, or to support 

certain ‘‘technology’’ controlled by 

5E001.a), as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: See also 5D001.a and .c for 

software controls for equipment, functions, 

features or characteristics controlled by 

5A001.f.1 and also 5D001.b for controls on 

‘‘software’’ specially designed or modified 

to support ‘‘technology’’ controlled by 

5E001.a (for 5A001.f.1 equipment, 

functions or features, and for 5D001.a 

‘‘software’’ for 5A001.f.1 equipment). See 

5E980 for ‘‘technology’’ for the 

‘‘development’’, ‘‘production’’, and ‘‘use’’ 

of equipment controlled by 5A980 or 

‘‘software’’ controlled by 5D980. 

Related Definitions: * * * 

Items: * * * 

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37390 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

■ 37. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5E001 is amended by: 

■ a. Revising the License Requirements 

section; and 

■ b. Revising paragraph .d in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

5E001 ‘‘Technology’’ as follows (see List of 

Items Controlled). 

License Requirements 

Reason for Control: NS, SL, AT 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1. 

SL applies to ‘‘technology’’ for the 

‘‘development’’ or 

‘‘production’’ of 

equipment, functions or features 

controlled by 

5A001.f.1, or for 

the ‘‘development’’ 

or ‘‘production’’ of 

‘‘software’’ controlled by ECCN 

5D001.a (for 

5A001.f.1).

A license is required 

for all destinations, 

as specified in 

§ 742.13 of the 

EAR. Accordingly, a 

column specific to 

this control does 

not appear on the 

Commerce Country 

Chart (Supplement 

No. 1 to Part 738 of 

the EAR). 

Note to SL paragraph: This licensing requirement 

does not supersede, nor does it 

implement, construe or limit the 

scope of any criminal statute, including, but not limited 

to the Omnibus 

Safe Streets Act of 

1968, as amended. 

AT applies to entire 

entry.

AT Column 1. 

License Requirement Notes: See § 743.1 of 

the EAR for reporting requirements for 

exports under License Exceptions. See 

§ 740.2(a)(3) of the EAR for restrictions on the 

use of License Exceptions for 5E001.a (as it 

applies to 5A001.f.1 or 5D001.a (as it applies 

to 5A001.f.1))). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

d. ‘‘Technology’’ according to the General 

Technology Note for the ‘‘development’’ or 

‘‘production’’ of Microwave Monolithic 

Integrated Circuit (MMIC) power amplifiers 

specially designed for telecommunications 

and having any of the following: 

d.1. Rated for operation at frequencies 

exceeding 3.2 GHz up to and including 6.8 

GHz and with an average output power 

greater than 4 W (36 dBm) with a ‘‘fractional 

bandwidth’’ greater than 15%; 

d.2. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 16 

GHz and with an average output power 

greater than 1 W (30 dBm) with a ‘‘fractional 

bandwidth’’ greater than 10%; 

d.3. Rated for operation at frequencies 

exceeding 16 GHz up to and including 31.8 

GHz and with an average output power 

greater than 0.8 W (29 dBm) with a 

‘‘fractional bandwidth’’ greater than 10%; 

d.4. Rated for operation at frequencies 

exceeding 31.8 GHz up to and including 37 

GHz and with an average output power 

greater than 0.1 nW (¥70 dBm); 

d.5. Rated for operation at frequencies 

exceeding 37 GHz up to and including 43.5 

GHz and with an average output power 

greater than 1.0 W (30 dBm); 

d.6. Rated for operation at frequencies 

exceeding 43.5 GHz up to and including 75 

GHz and with an average output power 

greater than 31.62 mW (15 dBm) with a 

‘‘fractional bandwidth’’ greater than 10%; 

d.7. Rated for operation at frequencies 

exceeding 75 GHz up to and including 90 

GHz and with an average output power 

greater than 10 mW (10 dBm) with a 

‘‘fractional bandwidth’’ greater than 5%; or 

d.8. Rated for operation at frequencies 

exceeding 90 GHz and with an average 

output power greater than 0.1 nW (¥70 

dBm); 

* * * * * 

■ 38. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 1, ECCN 5E980 is amended by 

revising the Heading and the Related 

Controls paragraph of the List of Items 

Controlled section, to read as follows: 

5E980 ‘‘Technology’’, other than that 

controlled by 5E001.a (for 5A001.,f.1 

and for 5D001.a (for 5A001.f.1)), 

primarily useful for the ‘‘development’’, 

‘‘production’’, or ‘‘use’’ of equipment, 

functions or features, of equipment 

controlled by 5A980 or ‘‘software’’ 

controlled by 5D980. 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: See also 5D001.a and .c (for 

5A001.f.1 equipment), 5D001.b (supporting 

5E001.a ‘‘technology’’ for 5A001.f.1 

equipment, or for 5D001.a ‘‘software’’ (for 

5A001.f.1equipment)), and 5E001.a (for 

5A001.f.1 equipment, or for 5D001.a 

‘‘software’’ for 5A001.f.1 equipment). 

* * * * * 

■ 39. Supplement No. 1 to part 774, 

Category 5, Part 2 is amended by 

revising Note 3 to read as follows: 

CATEGORY 5—TELECOMMUNICATIONS 

AND ‘‘INFORMATION SECURITY’’ 

Part 2—‘‘INFORMATION SECURITY’’ 

* * * * * 

Note 3: Cryptography Note: ECCNs 5A002 

and 5D002 do not control items as follows: 

a. Items meeting all of the following: 

1. Generally available to the public by 

being sold, without restriction, from stock at 

retail selling points by means of any of the 

following: 

a. Over-the-counter transactions; 

b. Mail order transactions; 

c. Electronic transactions; or 

d. Telephone call transactions; 

2. The cryptographic functionality cannot 

be easily changed by the user; 

3. Designed for installation by the user 

without further substantial support by the 

supplier; and 

4. [RESERVED] 

5. When necessary, details of the items are 

accessible and will be provided, upon 

request, to the appropriate authority in the 

exporter’s country in order to ascertain 

compliance with conditions described in 

paragraphs 1. through 3. of this Note a.; 

b. Hardware components of existing items 

described in paragraph a. of this Note, that 

have been designed for these existing items, 

meeting all of the following: 

1. ‘‘Information security’’ is not the 

primary function or set of functions of the 

component; 

2. The component does not change any 

cryptographic functionality of the existing 

items, or add new cryptographic 

functionality to the existing items; 

3. The feature set of the component is fixed 

and is not designed or modified to customer 

specification; and 

4. When necessary, as determined by the 

appropriate authority in the exporter’s 

country, details of the component and 

relevant end-items are accessible and will be 

provided to the authority upon request, in 

order to ascertain compliance with 

conditions described above. 

Note to the Cryptography Note: 

1. To meet paragraph a. of Note 3, all of 

the following must apply: 

a. The item is of potential interest to a wide 

range of individuals and businesses; and 

b. The price and information about the 

main functionality of the item are available 

before purchase without the need to consult 

the vendor or supplier. 

2. In determining eligibility of paragraph a. 

of Note 3, BIS may take into account relevant 

factors such as quantity, price, required 

technical skill, existing sales channels, 

typical customers, typical use or any 

exclusionary practices of the supplier. 

N.B. to Note 3 (Cryptography Note): You 

must submit a classification request or 

encryption registration to BIS for mass 

market encryption commodities and software 

eligible for the Cryptography Note employing 

a key length greater than 64 bits for the 

symmetric algorithm (or, for commodities 

and software not implementing any 

symmetric algorithms, employing a key 

length greater than 768 bits for asymmetric 

algorithms or greater than 128 bits for elliptic 

curve algorithms) in accordance with the 

requirements of § 742.15(b) of the EAR in 

order to be released from the ‘‘EI’’ and ‘‘NS’’ 

controls of ECCN 5A002 or 5D002. 

■ 40. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 2, ECCN 5A002 is amended by: 

■ a. Redesignating paragraphs (1) and 

(2) as (2) and (3) in the Related Controls 

paragraph in the List of Items Controlled 

Section, and adding a new paragraph (1) 

to read as set forth below; 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37391 

■ b. Revising paragraphs (g) and (i) of 

the Note to the Items paragraph in the 

List of Items Controlled Section; and 

■ c. Revising paragraph .a of the Items 

paragraph in the List of Items Controlled 

Section to read as follows: 

5A002 ‘‘Information security’’ systems, 

equipment and components therefor, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Related Controls: (1) ECCN 5A002.a controls 

‘‘components’’ providing the means or 

functions necessary for ‘‘information 

security.’’ All such ‘‘components’’ are 

presumptively ‘‘specially designed’’ and 

controlled by 5A002.a. (2) 5A002 does not 

control the commodities listed in 

paragraphs (a), (d), (e), (f), (g), (i) and (j) in 

the Note in the items paragraph of this 

entry. These commodities are instead 

classified under ECCN 5A992, and related 

software and technology are classified 

under ECCNs 5D992 and 5E992 

respectively. (3) After encryption 

registration to or classification by BIS, 

mass market encryption commodities that 

meet eligibility requirements are released 

from ‘‘EI’’ and ‘‘NS’’ controls. These 

commodities are classified under ECCN 

5A992.c. See § 742.15(b) of the EAR. 

* * * * * 

Items: 

Note: * * * 

(g) Portable or mobile radiotelephones and 

similar client wireless devices for civil use, 

that implement only published or 

commercial cryptographic standards (except 

for anti-piracy functions, which may be nonpublished) and also meet the provisions of 

paragraphs a.2. to a.5. of the Cryptography 

Note (Note 3 in Category 5–Part 2), that have 

been customized for a specific civil industry 

application with features that do not affect 

the cryptographic functionality of these 

original non-customized devices; 

* * * * * 

(i) Wireless ‘‘personal area network’’ 

equipment that implement only published or 

commercial cryptographic standards and 

where the cryptographic capability is limited 

to a nominal operating range not exceeding 

30 meters according to the manufacturer’s 

specifications, or not exceeding 100 meters 

according to the manufacturer’s 

specifications for equipment that cannot 

interconnect with more than seven devices; 

or 

* * * * * 

a. Systems, equipment, application specific 

‘‘electronic assemblies’’, modules and 

integrated circuits for ‘‘information security’’, 

as follows, and components therefor 

specially designed for ‘‘information 

security’’: 

N.B.: For the control of Global Navigation 

Satellite Systems (GNSS) receiving 

equipment containing or employing 

decryption, see ECCN 7A005. 

a.1. Designed or modified to use 

‘‘cryptography’’ employing digital techniques 

performing any cryptographic function other 

than authentication, digital signature, or 

execution of copy-protected ‘‘software,’’ and 

having any of the following: 

Technical Notes: 

1. Functions for authentication, digital 

signature and the execution of copyprotected ‘‘software’’ include their associated 

key management function. 

2. Authentication includes all aspects of 

access control where there is no encryption 

of files or text except as directly related to the 

protection of passwords, Personal 

Identification Numbers (PINs) or similar data 

to prevent unauthorized access. 

3. ‘‘Cryptography’’ does not include 

‘‘fixed’’ data compression or coding 

techniques. 

Note: 5A002.a.1 includes equipment 

designed or modified to use ‘‘cryptography’’ 

employing analog principles when 

implemented with digital techniques. 

a.1.a. A ‘‘symmetric algorithm’’ employing 

a key length in excess of 56-bits; or 

a.1.b. An ‘‘asymmetric algorithm’’ where 

the security of the algorithm is based on any 

of the following: 

a.1.b.1. Factorization of integers in excess 

of 512 bits (e.g., RSA); 

a.1.b.2. Computation of discrete logarithms 

in a multiplicative group of a finite field of 

size greater than 512 bits (e.g., Diffie-Hellman 

over Z/pZ); or 

a.1.b.3. Discrete logarithms in a group 

other than mentioned in 5A002.a.1.b.2 in 

excess of 112 bits (e.g., Diffie-Hellman over 

an elliptic curve); 

a.2. Designed or modified to perform 

cryptanalytic functions; 

Note: 5A002.a.2 includes systems or 

equipment, designed or modified to perform 

cryptanalysis by means of reverse 

engineering. 

a.3. [RESERVED] 

a.4. Specially designed or modified to 

reduce the compromising emanations of 

information-bearing signals beyond what is 

necessary for health, safety or 

electromagnetic interference standards; 

a.5. Designed or modified to use 

cryptographic techniques to generate the 

spreading code for ‘‘spread spectrum’’ 

systems, not controlled in 5A002.a.6., 

including the hopping code for ‘‘frequency 

hopping’’ systems; 

a.6. Designed or modified to use 

cryptographic techniques to generate 

channelizing codes, scrambling codes or 

network identification codes, for systems 

using ultra-wideband modulation techniques 

and having any of the following: 

a.6.a. A bandwidth exceeding 500 MHz; or 

a.6.b. A ‘‘fractional bandwidth’’ of 20% or 

more; 

a.7. Non-cryptographic information and 

communications technology (ICT) security 

systems and devices that have been evaluated 

and certified by a national authority to 

exceed class EAL–6 (evaluation assurance 

level) of the Common Criteria (CC) or 

equivalent; 

a.8. Communications cable systems 

designed or modified using mechanical, 

electrical or electronic means to detect 

surreptitious intrusion; 

Note: 5A002.a.8 applies only to physical 

layer security. 

a.9. Designed or modified to use ‘quantum 

cryptography.’ 

Technical Notes: 

1. ‘Quantum cryptography’ A family of 

techniques for the establishment of a shared 

key for ‘‘cryptography’’ by measuring the 

quantum-mechanical properties of a physical 

system (including those physical properties 

explicitly governed by quantum optics, 

quantum field theory, or quantum 

electrodynamics). 

2. ‘Quantum cryptography’ is also known 

as Quantum Key Distribution (QKD). 

* * * * * 

■ 41. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 2, ECCN 5A992 is amended by 

revising the Items paragraph of the List 

of Items Controlled to read as follows: 

5A992 Equipment not controlled by 5A002. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Telecommunications and other 

information security equipment containing 

encryption. 

b. ‘‘Information security’’ equipment, 

n.e.s., (e.g., cryptographic, cryptanalytic, and 

cryptologic equipment, n.e.s.) and 

components therefor. 

Note: 5A992 does not control products 

with cryptographic functionality limited to 

copy protection. 

c. Commodities that BIS has received an 

encryption registration or that have been 

classified as mass market encryption 

commodities in accordance with § 742.15(b) 

of the EAR. 

■ 42. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 5, 

Part 2, ECCN 5E002 is amended by 

revising the items paragraph of the List 

of Items Controlled section to read as 

follows: 

5E002 ‘‘Technology’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. ‘‘Technology’’ according to the General 

Technology Note for the ‘‘development’’, 

‘‘production’’ or ‘‘use’’ of equipment 

controlled by 5A002 or 5B002 or ‘‘software’’ 

controlled by 5D002.a or 5D002.c. 

b. ‘‘Technology’’ to enable an item to 

achieve or exceed the controlled performance 

levels for functionality specified by 5A002.a 

that would not otherwise be enabled. 

Note: 5E002 includes ‘‘information 

security’’ technical data resulting from 

procedures carried out to evaluate or 

determine the implementation of functions, 

features or techniques specified in Category 

5, Part 2. 

■ 43. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6, 

ECCN 6A001 is amended by revising 

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37392 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

paragraphs a.1.a.2 and a.1.a.3 of the 

Items paragraph in the List of Items 

Controlled section to read as follows: 

6A001 Acoustic systems, equipment and 

components, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.1. * * * 

a.1.a. * * * 

a.1.a.2. Underwater survey equipment 

designed for seabed topographic mapping 

and having any of the following: 

Technical Note: The acoustic sensor 

pressure rating determines the depth rating 

of the equipment specified by 6A001.a.1.a.2. 

a.1.a.2.a. Having all of the following: 

a.1.a.2.a.1. Designed or modified to operate 

at depths exceeding 300 m; and 

a.1.a.2.a.2. ‘Sounding rate’ greater than 

3,800; or 

Technical Note: ‘Sounding rate’ is the 

product of the maximum speed (m/s) at 

which the sensor can operate and the 

maximum number of soundings per swath 

assuming 100% coverage. 

a.1.a.2.b. Survey equipment, not specified 

by 6A001.a.1.a.2.a, having all of the 

following: 

a.1.a.2.b.1. Designed or modified to operate 

at depths exceeding 100 m; 

a.1.a.2.b.2. Designed to take measurements 

at an angle exceeding 20° from the vertical; 

a.1.a.2.b.3. Having any of the following: 

a.1.a.2.b.3.a. Operating frequency below 

350 kHz; or 

a.1.a.2.b.3.b. Designed to measure seabed 

topography at a range exceeding 200 m from 

the acoustic sensor; and 

a.1.a.2.b.4. ‘Enhancement’ of the depth 

accuracy through compensation of all of the 

following: 

a.1.a.2.b.4.a. Motion of the acoustic sensor; 

a.1.a.2.b.4.b. In-water propagation from 

sensor to the seabed and back; and 

a.1.a.2.b.4.c. Sound speed at the sensor. 

a.1.a.3. Side Scan Sonar (SSS) or Synthetic 

Aperture Sonar (SAS), designed for seabed 

imaging and having all of the following: 

a.1.a.3.a. Designed or modified to operate 

at depths exceeding 500 m; and 

a.1.a.3.b. An ‘area coverage rate’ of greater 

than 570 m2/s while operating at the 

maximum range that it can operate with an 

‘along track resolution’ of less than 15 cm; 

and 

a.1.a.3.c. An ‘across track resolution’ of less 

than 15 cm; 

Technical Notes: 

1. ‘Area coverage rate’ (m2/s) is twice the 

product of the sonar range (m) and the 

maximum speed (m/s) at which the sensor 

can operate at that range. 

2. ‘Along track resolution’ (cm), for SSS 

only, is the product of azimuth (horizontal) 

beamwidth (degrees) and sonar range (m) 

and 0.873. 

3. ‘Across track resolution’ (cm) is 75 

divided by the signal bandwidth (kHz). 

* * * * * 

■ 44. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6, 

ECCN 6A002 is amended by: 

■ a. Remove the period and add a semicolon in its place at end of paragraphs 

a.3.a.2.b, a.3.b.2.b, a.3.g.3 and c.3 in 

Items paragraph of List of Items 

Controlled section; and 

■ b. Remove ‘‘Signal Processing In The 

Element (SPRITE);’’ and add in its place 

‘‘Signal processing in the detector 

elements;’’ in paragraph a.3.d.2.b in the 

Items paragraph of the List of Items 

Controlled section. 

■ 45. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6, 

ECCN 6A005 is amended by: 

■ a. Revising the License Requirements 

section and paragraph d. of the License 

Requirements Notes, as set forth below; 

■ b. Removing ‘‘520’’ and adding in its 

place ‘‘510’’ in paragraphs a.2, a.3, b.2, 

and b.3 in the Items paragraph of the 

List of Items Controlled; and 

■ c. Revising paragraph a.6 in the Items 

paragraph of the List of Items Controlled 

to read as follows: 

6A005 ‘‘Lasers’’ (other than those 

described in 0B001.g.5 or .h.6), 

components and optical equipment, as 

follows (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, NP, AT 

Control(s) Country Chart 

NS applies to entire 

entry.

NS Column 2 

NP applies to ‘‘lasers’’ controlled by 

6A005.a.2, a.3, 

b.2.b, b.3, b.4.b, 

b.6.b, c.1.b, c.2.b, 

d.3.c, and d.4.c, as 

described in the 

following License 

Requirements 

Note..

NP Column 1 

AT applies to entire 

entry.

AT Column 1. 

License Requirements Note: NP controls 

apply to the following ‘‘lasers’’ controlled by 

6A005: 

* * * * * 

(d) Argon ion ‘‘lasers’’ controlled by 

6A005.a.2 and 6A005.a.3, having all of the 

following characteristics: 

(1) Operating at wavelengths between 400 

and 515 nm; and 

(2) An average output power ≥ 50 W; 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

a. * * * 

a.6. Output wavelength exceeding 975 nm 

but not exceeding 1,150 nm and any of the 

following; 

a.6.a. Single transverse mode output and 

output power exceeding 200 W; or 

a.6.b. Multiple transverse mode output and 

any of the following: 

a.6.b.1. ‘Wall-plug efficiency’ exceeding 

18% and output power exceeding 500 W; or 

a.6.b.2. Output power exceeding 2 kW; 

Note: 6A005.a.6.b does not control 

multiple transverse mode, industrial ‘‘lasers’’ 

with output power exceeding 2kW and not 

exceeding 6 kW with a total mass greater 

than 1,200 kg. For the purpose of this note, 

total mass includes all components required 

to operate the ‘‘laser’’, e.g., ‘‘laser’’, power 

supply, heat exchanger, but excludes 

external optics for beam conditioning and/or 

delivery. 

* * * * * 

■ 46. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6, 

ECCN 6C004 is amended by revising 

paragraph .b and .c in the Items 

paragraph of the List of Items Controlled 

section to read as follows: 

6C004 Optical materials as follows (see List 

of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Electro-optic materials and non-linear 

materials, as follows: 

b.1. Potassium titanyl arsenate (KTA) (CAS 

59400–80–5); 

b.2. Silver gallium selenide (AgGaSe2, also 

known as AGSE) (CAS 12002–67–4); 

b.3. Thallium arsenic selenide (Tl3AsSe3, 

also known as TAS) (CAS 16142–89–5); 

b.4. Zinc germanium phosphide (ZnGeP2, 

also known as ZGP, zinc germanium 

biphosphide or zinc germanium 

diphosphide); or 

b.5. Gallium selenide (GaSe) (CAS 12024– 

11–2); 

c. Non-linear optical materials, other than 

those specified by 6C004.b, having any of the 

following: 

c.1. Having all of the following: 

c.1.a. Dynamic (also known as 

nonstationary) third order nonlinear 

susceptibility (c(3), chi 3) of 10¥6 m2/V2 or 

more; and 

c.1.b. Response time of less than 1 ms; or 

c.2. Second order nonlinear susceptibility 

(c(2), chi 2) of 3.3×10¥11 m/V or more; 

* * * * * 

■ 47. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 6, 

ECCN 6C005 is amended by revising the 

Items paragraph in the List of Items 

Controlled section to read as follows: 

6C005 Synthetic crystalline ‘‘laser’’ host 

material in unfinished form as follows 

(see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Titanium doped sapphire. 

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b. [RESERVED] 

■ 48. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 7, 

ECCN 7A001 is amended by revising 

paragraph .a.2 of the Items paragraph in 

the List of Items Controlled section to 

read as follows: 

7A001 Accelerometers as follows (see List 

of Items Controlled) and specially 

designed components therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.2. Specified to function at linear 

acceleration levels exceeding 15 g but less 

than or equal to 100 g and having all of the 

following: 

a.2.a. A ‘‘bias’’ ‘‘repeatability’’ of less 

(better) than 1,250 micro g over a period of 

one year; and 

a.2.b. A ‘‘scale factor’’ ‘‘repeatability’’ of 

less (better) than 1,250 ppm over a period of 

one year; or 

* * * * * 

■ 49. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 7, 

ECCN 7D003 is amended by: 

■ a. Revising the STA paragraph in the 

License Exceptions section; 

■ b. Revising the Related Controls 

paragraph of the List of Items Controlled 

section; and 

■ c. Revising paragraph .d in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

7D003 Other ‘‘software’’ as follows (see List 

of Items Controlled). 

* * * * * 

License Exceptions 

* * * * * 

STA: License Exception STA may not be 

used to ship or transmit software in 7D003.a, 

b, or c to any of the eight destinations listed 

in § 740.20(c)(2) of the EAR. 

List of Items Controlled 

Unit: * * * 

Related Controls: See also 0D521 No. 2 

(‘‘source code’’ for the ‘‘development’’ of flyby-wire control systems), 0E521 No. 6 (for 

‘‘technology’’ for the ‘‘development’’ of 

‘‘software’’ controlled by 0D521 No. 2), 

7D103 and 7D994 

Related Definitions: * * * 

Items: 

* * * * * 

d. [RESERVED] 

N.B. For flight control ‘‘source code,’’ see 

7D004. 

* * * * * 

■ 50. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 7, 

ECCN 7D004 is added after 7D003 to 

read as follows: 

7D004 ‘‘Source code’’ incorporating 

‘‘development’’ ‘‘technology’’ specified 

by 7E004.a or 7E004.b, for any of the 

following: (see List of Items Controlled). 

License Requirements 

Reason for Control: NS, AT 

Control(s) Country chart 

NS applies to entire 

entry.

NS Column 1 

AT applies to entire 

entry.

AT Column 1 

License Exceptions 

CIV: N/A 

TSR: N/A 

STA: License Exception STA may not be 

used to ship or transmit ‘‘software’’ in 

7D004.a to .d and .g to any of the eight 

destinations listed in § 740.20(c)(2) of the 

EAR. 

List of Items Controlled 

Unit: $ value 

Related Controls: See also 0D521 No. 2 

(‘‘source code’’ for the ‘‘development’’ of flyby-wire control systems), 0E521 No. 6 (for 

‘‘technology’’ for the ‘‘development’’ of 

‘‘software’’ controlled by 0D521 No. 2), 

7D103 and 7D994 

Related Definitions: N/A 

Items: 

a. Digital flight management systems for 

‘‘total control of flight’’; 

b. Integrated propulsion and flight control 

systems; 

c. Fly-by-wire or fly-by-light control 

systems; 

d. Fault-tolerant or self-reconfiguring 

‘‘active flight control systems’’; 

e. [RESERVED]; 

f. Air data systems based on surface static 

data; or 

g. Three dimensional displays. 

Note: 7D004 does not apply to ‘‘source 

code’’ associated with common computer 

elements and utilities (e.g., input signal 

acquisition, output signal transmission, 

computer program and data loading, built-in 

test, task scheduling mechanisms) not 

providing a specific flight control system 

function. 

■ 51. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 7, 

ECCN 7E001 is amended by revising the 

Heading and the Related Controls 

paragraph in the List of Items Controlled 

section, to read as follows: 

7E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment or 

‘‘software’’, controlled by 7A (except 

7A994), 7B (except 7B994), 7D001, 

7D002, or 7D003. 

List of Items Controlled 

Unit: * * * 

Related Controls: (1.) See also 0D521 No. 

2 (‘‘source code’’ for the ‘‘development’’ of 

fly-by-wire control systems), 0E521 No. 6 (for 

‘‘technology’’ for the ‘‘development’’ of 

‘‘software’’ controlled by 0D521 No. 2), 

7E101 and 7E994. (2.) The ‘‘technology’’ 

related to 7A003.b, 7A005, 7A103.b, 7A105, 

7A106, 7A115, 7A116, 7A117, 7B103, 

software in 7D101 specified in the Related 

Controls paragraph of ECCN 7D101, 7D102.a, 

or 7D103 are subject to the export licensing 

authority of the U.S. Department of State, 

Directorate of Defense Trade Controls (see 22 

CFR part 121). 

Related Definitions: * * * 

Items: * * * 

■ 52. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 7, 

ECCN 7E004 is amended by revising the 

Related Controls paragraph and 

paragraph .b of the Items paragraph in 

the List of Items Controlled section to 

read as follows: 

7E004 Other ‘‘technology’’ as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

Unit: * * * 

Related Controls: See also 0D521 No. 2 

(‘‘source code’’ for the ‘‘development’’ of flyby-wire control systems), 0E521 No. 6 (for 

‘‘technology’’ for the ‘‘development’’ of 

‘‘software’’ controlled by 0D521 No. 2), 

7E104 and 7E994. 

Related Definitions: * * * 

Items: 

* * * * * 

b. ‘‘Development’’ ‘‘technology’’, as 

follows, for ‘‘active flight control systems’’ 

(including fly-by-wire or fly-by-light): 

b.1. Photonic-based ‘‘technology’’ for 

sensing aircraft or flight control component 

state, transferring flight control data, or 

commanding actuator movement, ‘‘required’’ 

for fly-by-light ‘‘active flight control 

systems’’; 

b.2. [RESERVED] 

b.3. Real-time algorithms to analyze 

component sensor information to predict and 

preemptively mitigate impending 

degradation and failures of components 

within an ‘‘active flight control system’’; 

Note: 7E004.b.3 does not include 

algorithms for purpose of off-line 

maintenance. 

b.4. Real-time algorithms to identify 

component failures and reconfigure force and 

moment controls to mitigate ‘‘active flight 

control system’’ degradations and failures; 

Note: 7E004.b.4 does not include 

algorithms for the elimination of fault effects 

through comparison of redundant data 

sources, or off-line pre-planned responses to 

anticipated failures. 

b.5. Integration of digital flight control, 

navigation and propulsion control data, into 

a digital flight management system for ‘‘total 

control of flight’’; 

Note: 7E004.b.5 does not apply to: 

1. ‘‘Development’’ ‘‘technology’’ for 

integration of digital flight control, 

navigation and propulsion control data, into 

a digital flight management system for ‘‘flight 

path optimization’’; 

2. ‘‘Development’’ ‘‘technology’’ for 

‘‘aircraft’’ flight instrument systems 

integrated solely for VOR, DME, ILS or MLS 

navigation or approaches. 

b.6. Full authority digital flight control or 

multisensor mission management systems, 

employing ‘‘expert systems’’; 

N.B.: For ‘‘technology’’ for ‘‘Full Authority 

Digital Engine Control Systems’’ (‘‘FADEC 

Systems’’), see ECCN 9E003.h. 

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37394 Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 

Note: 7E004.b does not apply to 

‘‘technology’’ associated with common 

computer elements and utilities, e.g., input 

signal acquisition, output signal 

transmission, computer program and data 

loading, built-in test, task scheduling 

mechanisms) not providing a specific flight 

control system function. 

* * * * * 

■ 53. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 9, 

ECCN 9A001 is amended by removing 

the phrase ‘‘Participating State’’ and 

adding in its place ‘‘Wassenaar 

Arrangement Participating State’’ in the 

introductory text of paragraph .b in Note 

9A001.a of the Items paragraph in the 

List of Items Controlled section. 

■ 54. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 9, 

ECCN 9A018 is amended by revising 

paragraph .b of the Items paragraph in 

the List of Items Controlled section, to 

read as follows: 

9A018 Equipment on the Wassenaar 

Arrangement Munitions List. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Ground vehicles (including trailers) and 

‘‘components,’’ as follows: 

b.1. Ground transport vehicles (including 

trailers) and ‘‘parts’’ and ‘‘components’’ 

therefor designed or modified for non-combat 

military use; 

b.2. Other ground vehicles having all of the 

following: 

b.2.a. Manufactured or fitted with 

‘‘materials’’ or ‘‘components’’ to provide 

ballistic protection to level III (National 

Institute of Justice standard 0108.01, 

September 1985) or better; (See § 770.2(h)— 

Interpretation 8). 

b.2.b. A transmission to provide drive to 

both front and rear wheels simultaneously, 

including those vehicles having additional 

wheels for load bearing purposes whether 

driven or not; 

b.2.c. Gross Vehicle Weight Rating (GVWR) 

greater than 4,500 kg; and 

b.2.d. Designed or modified for off-road 

use; 

b.3. ‘‘Components’’ having all of the 

following: 

b.3.a. ‘‘Specially designed’’ for vehicles 

specified in 9A018.b.2; and 

b.3.b. Providing ballistic protection to level 

III (NIJ 0108.01, September 1985, or 

comparable national standard) or better. 

Note: 9A018 does not apply to civil 

vehicles designed or modified for 

transporting money or valuables. 

* * * * * 

■ 55. Supplement No. 1 to Part 774 (the 

Commerce Control List), Category 9, 

ECCN 9E003 is amended by: 

■ a. Revising paragraph a.5 of the Items 

paragraph in the List of Items Controlled 

section, as set forth below; and 

■ b. Removing the period at the end of 

paragraph h.3 and adding in its place a 

semi-colon. 

9E003 Other ‘‘technology’’ as follows (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.5. Cooled turbine blades, vanes or ‘‘tipshrouds’’, other than those described in 

9E003.a.1, designed to operate at a ‘gas path 

temperature’ of 1,693 K (1,420°C) or more; 

Technical Notes: 

1. ‘Gas path temperature’ is the bulk 

average gas path total (stagnation) 

temperature at the leading edge plane of the 

turbine component when the engine is 

running in a ‘steady state mode’ of operation 

at the certificated or specified maximum 

continuous operating temperature. 

2. The term ‘steady state mode’ defines 

engine operation conditions, where the 

engine parameters, such as thrust/power, 

rpm and others, have no appreciable 

fluctuations, when the ambient air 

temperature and pressure at the engine inlet 

are constant. 

* * * * * 

■ 56. Supplement No. 1 to Part 774 (the 

Commerce Control List), Supplement 

No. 2 ‘‘General Technology and 

Software Notes’’ is amended by revising 

Note 2 ‘‘General Software Note’’ to read 

as follows: 

SUPPLEMENT NO. 2 TO PART 774— 

GENERAL TECHNOLOGY AND 

SOFTWARE 

Notes 

* * * * * 

2. General Software Note. License 

Exception TSU (mass market software) (see 

§ 740.13 of the EAR) is available to all 

destinations, except countries in Country 

Group E:1 of Supplement No. 1 to part 740 

of the EAR, for release of ‘‘software’’ which 

is any of the following: 

1. Generally available to the public by 

being: 

a. Sold from stock at retail selling points, 

without restriction, by means of: 

1. Over the counter transactions; 

2. Mail order transactions; 

3. Electronic transactions; or 

4. Telephone call transactions; and 

b. Designed for installation by the user 

without further substantial support by the 

supplier. 

2. [RESERVED] See § 734.3(b)(3) for 

‘‘publicly available technology and 

software.’’ 

3. The minimum necessary ‘‘object code’’ 

for the installation, operation, maintenance 

(checking) or repair of those items whose 

export has been authorized. 

Note: Minimum necessary ‘‘object code’’ 

does not enhance or improve the 

performance of an item or provide new 

features or functionality. 

Note: The General Software Note does not 

apply to ‘‘software’’ controlled by Category 5, 

part 2 ‘‘Information Security’’). For 

‘‘software’’ controlled by Category 5, part 2, 

see Supplement No. 1 to part 774, Category 

5, part 2, Note 3—Cryptography Note. 

■ 57. Supplement No. 5 to Part 774 is 

amended by revising 0D521 and 0E521 

sections of the table to read as follows: 

Supplement No. 5 to Part 774—Items 

Classified Under ECCNS 0A521, 0B521, 

0C521, 0D521 and 0E521 

* * * * * 

Item descriptor. 

Note: The description must match 

by model number or a broader 

descriptor that does not 

necessarily need to be 

company specific 

Date of initial or subsequent BIS 

classification. 

(ID = initial date; 

SD = subsequent date) 

Date when the item will be 

designated 

EAR99, unless reclassified in 

another ECCN or the 0Y521 

classification is reissued 

Item-specific license exception 

eligibility 

*******

0D521. Software 

*******

No. 2 .............................................

‘‘Source code’’ for the ‘‘development’’ of fly-by-wire control systems.

June 20, 2013 (ID) June 20, 2014 ............................... License Exception GOV under 

§ 740.11(b)(2)(ii) only. 

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Federal Register / Vol. 78, No. 119 / Thursday, June 20, 2013 / Rules and Regulations 37395 

Item descriptor. 

Note: The description must match 

by model number or a broader 

descriptor that does not 

necessarily need to be 

company specific 

Date of initial or subsequent BIS 

classification. 

(ID = initial date; 

SD = subsequent date) 

Date when the item will be 

designated 

EAR99, unless reclassified in 

another ECCN or the 0Y521 

classification is reissued 

Item-specific license exception 

eligibility 

0E521. Technology 

*******

No. 2 [RESERVED] ...................... [RESERVED] ................................ [RESERVED] ................................ [RESERVED]. 

No. 3 [RESERVED] ...................... [RESERVED] ................................ [RESERVED] ................................ [RESERVED]. 

No. 4 [RESERVED] ...................... [RESERVED] ................................ [RESERVED] ................................ [RESERVED]. 

No. 5 [RESERVED] ...................... [RESERVED] ................................ [RESERVED] ................................ [RESERVED]. 

No. 6 .............................................

‘‘Technology’’ for fly-by-wire control systems, as follows:.

June 20, 2013 (ID) June 20, 2014 ............................... License Exception GOV under 

§ 740.11(b)(2)(ii) only. 

a. ‘‘Technology’’ according to 

the General Technology 

Note for the ‘‘development’’ 

of ‘‘software’’ controlled by 

0D521; or 

b. ‘‘Development’’ ‘‘technology’’ for ‘‘active flight 

control systems’’ for control 

law compensation for sensor location or dynamic airframe loads, i.e., compensation for sensor vibration environment or for variation of sensor location 

from the center of gravity. 

Dated: June 12, 2013. 

Kevin J. Wolf, 

Assistant Secretary of Commerce for Export 

Administration. 

[FR Doc. 2013–14644 Filed 6–19–13; 8:45 am] 

BILLING CODE 3510–33–P 

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