Vol. 79 Monday, 

No. 149 August 4, 2014 

Part IV 

Department of Commerce 

Bureau of Industry and Security 

15 CFR Parts 734, 738, 740 et al. 

Wassenaar Arrangement 2013 Plenary Agreements Implementation: 

Commerce Control List, Definitions, and Reports; and Extension of Fly-byWire Technology and Software Controls; Final Rule 

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45288 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 734, 738, 740, 743, 772, 

and 774 

[Docket No. 131224999–3999–01] 

RIN 0694–AG05 

Wassenaar Arrangement 2013 Plenary 

Agreements Implementation: 

Commerce Control List, Definitions, 

and Reports; and Extension of Fly-byWire Technology and Software 

Controls 

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 2013 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 Export 

Control Classification Numbers (ECCNs) 

controlled for national security reasons 

in each category of the CCL, as well as 

amending the General Technology Note, 

WA reporting requirements, and 

definitions section in the EAR. 

However, BIS intends to publish a 

separate rule in September setting forth 

changes to the CCL resulting from the 

WA agreements for cybersecurity. These 

changes agreed to at the Plenary include 

raising the Adjusted Peak Performance 

(APP) for digital computers in ECCN 

4A003. The President’s report for High 

Performance Computers was sent to 

Congress on July 1, 2014 to set forth the 

new APP in accordance with the 

National Defense Authorization Act 

(NDAA) for FY1998. This rule also 

makes corresponding revisions to the de 

minimis rule, and post shipment 

verification reporting requirements in 

the Export Administration Regulations. 

This rule also extends the controls on 

specified fly-by-wire source code 

software and technology until June 20, 

2015, as BIS continues to negotiate for 

multilateral controls for this software 

and technology. This rule also revises 

the license requirements for Mexico on 

the Commerce Country Chart, because 

of its recent membership in multiple 

multilateral export control regimes. In 

addition, this rule makes changes to the 

EAR resulting from previous rules 

issued as part of BIS’s export control 

reform initiative and makes minor 

editorial corrections to the CCL. 

DATES: This rule is effective August 4, 

2014, except the amendments to parts 

734, 743, and ECCN 4A003 (amendatory 

instructions: 2, 9, and 28), which are 

effective on August 30, 2014. 

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 0, 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 8: Darrell Spires 202–482–1954 

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. 

Unless otherwise indicated, the 

changes to the EAR described below are 

made in order to implement changes to 

the WA control lists approved at the 

December 2013 Plenary meeting. 

Revisions to the Commerce Control List 

Category 0—Nuclear Materials, 

Facilities, and Equipment [And 

Miscellaneous Items] 

0A018 Items on the Wassenaar 

Munitions List 

In paragraph 0A018.b, the text that 

previously stated that an item is subject 

to the license authority of the U.S. 

Department of State, Directorate of 

Defense Trade Controls was universally 

changed to ‘‘subject to the ITAR’’ in the 

Export Control Reform revisions (78 FR 

61874, October 4, 2013). Therefore the 

new language is inserted here. 

A Note is added to paragraph 0A018.b 

that states that 0A018.b does not apply 

to: ‘‘components’’ for ammunition 

crimped without a projectile (blank 

star); dummy ammunition with a 

pierced powder chamber; or other blank 

and dummy ammunition not 

incorporating components designed for 

live ammunition. These components do 

not pose a threat to national security 

and are now designated EAR99. 

Category 1—Special Materials and 

Related Equipment, Chemicals, 

‘‘Microorganisms,’’ and ‘‘Toxins’’ 

1A004 (Protective and detection 

equipment and ‘‘components,’’ not 

‘‘specially designed’’ for military use) 

ECCN 1A004 is amended by adding 

Technical Notes after the Note following 

the introductory text to paragraph 

1A004.a in the items paragraph of the 

List of Items Controlled section to 

clarify that filter canisters include filter 

cartridges. 

1B001 (Equipment for the production or 

inspection of ‘‘composite’’ structures or 

laminates controlled by 1A002 or 

‘‘fibrous or filamentary materials’’ 

controlled by 1C010 . . .) 

ECCN 1B001 is amended by revising 

the text of 1B001.b (‘Tape-laying 

machines’) and 1B001.g (‘Towplacement machines’) to remove 

ambiguity with the current controls, 

which may result in a double coverage 

in controls or no control at all. A 

Technical Note is added to 1B001.b to 

explain the abilities of ‘tape-laying 

machines.’ A Technical Note is added to 

1B001.g to explain the abilities of ‘towplacement machines.’ The Technical 

Notes establish 25 mm as the break 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45289 

point between tape-laying and towplacement machines, with the intent to 

distinguish both the tape-laying and 

tow-placement machines from the 

filament winding machines specified in 

1B001.a. In addition, the existing 

Technical Note regarding ‘primary servo 

positioning’ axes control is now 

Technical Note 1 and a Technical Note 

2 is added to define ‘filament band.’ 

1C008 (Non-fluorinated polymeric 

substances) 

ECCN 1C008 is amended by revising 

paragraphs a.3 and .f in the Items 

paragraph of the List of Items Controlled 

section to relax the controls on aromatic 

polyimides in 1C008.a.3 based on the 

foreign availability of this material. The 

current validation procedures are 

limited in accuracy to very small 

samples. Removal of these validation 

procedures and reference to national 

standards in the 1C008 Technical Notes 

provides a simpler and cleaner text. In 

order to accommodate the newly 

referenced testing method, Technical 

Note 1 is revised and a new Technical 

Note 2 is added to the existing 1C008 

Technical Note. These changes do not 

affect the scope of the other paragraphs 

in 1C008. 

1C010 (‘‘Fibrous or filamentary 

materials’’) 

ECCN 1C010 is amended by removing 

the Technical Note after paragraph b.2 

and adding Technical Notes after the 

Note following paragraph c.2 in the 

Items paragraph of the List of Items 

Controlled section. These changes are 

made to remove ambiguity regarding the 

determination of the specific tensile 

strength and modulus that are specified 

in various 1C010 entries, especially 

when the 1C010 tensile properties 

metrics are applied to various forms of 

multi-axial materials (woven fabrics, 

random mats and braids). 

Also, a comma is added after the word 

‘‘pitch’’ in paragraph e.2.a to correct the 

punctuation. 

Annex to Category 1 ‘‘List of 

Explosives’’ 

The List of Explosives is amended by 

revising paragraphs 32.d and 43, 

removing and reserving paragraph 34 

and adding paragraphs 44 through 48. 

Paragraph 32 is amended by changing 

the square brackets to parentheses to 

read ‘‘BDNTA ([bis-dinitrotriazole] 

amine); ((bis-dinitrotriazole) amine);’’ to 

be consistent with the International 

Union of Pure and Applied Chemistry 

(IUPAC) conventions. The deletion of 

paragraph 34 is a result of a class of 

energetics that has short-term high 

temperature capability, which is no 

longer in demand. Paragraph 43 is 

amended by changing the semi-colon to 

a period at the end of the entry to 

accommodate the addition of 

paragraphs to follow. Paragraphs 44 

through 48 are added to address the 

trend towards ‘Insensitive Munitions.’ 

Insensitive munitions are chemically 

stable enough to withstand mechanical 

shock, fire, and impact by shrapnel, but 

can still explode as intended to destroy 

their targets. 

Category 2—Materials Processing 

‘‘Technical Notes for 2B001 to 2B009, 

2B201, 2B290 and 2B991 to 2B999’’ 

‘‘Technical Notes for 2B001 to 2B009, 

2B201, 2B290 and 2B991 to 2B999’’ is 

amended by revising paragraph .f of the 

Note to paragraph 5 in order to update 

the thresholds to ensure the rules 

regarding stated accuracy remain 

consistent in Category 2. 

2B006 (Dimensional inspection or 

measuring systems, equipment, and 

‘‘electronic assemblies’’) 

ECCN 2B006 is amended by revising 

paragraphs b.1.b., b.1.c.2.b, and the 

introductory text of paragraph b.2 in the 

Items paragraph of the List of Items 

Controlled section. 2B006.b.1.b is 

revised to clarify the controls of certain 

displacement measuring instruments 

(Linear Variable Differential 

Transformer—LVDT). 2B006.b.2 is 

amended to delete the current definition 

for ‘‘angular position deviation’’ and to 

add the word ‘‘accuracy’’ in this entry. 

The definition refers to a standard that 

not only is out of date, but no longer 

published. WA decided that the 

definition of ‘‘accuracy’’ could be useful 

to clarify the assessment of accuracy of 

angular displacement measuring 

instruments for this entry. 

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’’.) 

The term ‘‘machine tools’’ is replaced 

with ‘‘items’’ in Notes 1 and 3 to clarify 

the scope of control on software for 

electronic devices or systems capable of 

controlling 5 or more axes. 

Category 3—Electronics 

3A001 (Electronic components and 

‘‘specially designed’’ ‘‘components’’ 

therefor) 

ECCN 3A001 is amended by removing 

Notes 3 and 4 from the Related Control 

Notes paragraph in the List of Items 

Controlled section, because they refer to 

ECCN 3A982, which is removed by this 

rule. 

ECCN 3A001 is amended by revising 

Note 2 to paragraph 3A001.a, 

paragraphs a.5.a.1, a.7.b, b.2., b.3, and 

b.4; adding a Technical Note after the 

introductory text to paragraph 3A001.b; 

and revising Note 3 to paragraph 

3A001.h. 

‘‘Three dimensional integrated 

circuits’’ are added to Note 2 to 

paragraph 3A001.a, because a new 

approach to improve the functionality 

and performance of integrated circuits is 

using a 3D integrated circuit (3D–IC). 

Paragraph 3A001.a.5.a.1 (High 

Performance Analog-to-Digital 

Integrated Circuits) is amended by 

replacing the output rate of ‘‘greater 

than 500 million words per second’’ to 

‘‘greater than 1 billion words per 

second’’ to update the Analog-to-Digital 

Converter (ADC) control thresholds for 

the 8 and 9 bit resolution ADCs to 

reflect the advances in technology used 

in the commercial cellular 

communications and oscilloscope 

applications. 

Paragraph 3A001.a.7.b is amended by 

replacing ‘‘or’’ with ‘‘of’’ to make a 

correction submitted by a Technical 

Advisory Committee member. 

A Technical Note is added to 3A001.b 

to set forth alternative terms for ‘‘peak 

saturated power output’’ that may 

appear on product data sheets. 

This rule makes a series of changes 

regarding microwave or millimeter wave 

components specified by entries 

3A001.b.2 (Microwave Monolithic 

Integrated Circuits—MMIC), 3A001.b.3 

(Discrete microwave transistors) and 

3A001.b.4 (Microwave solid state 

amplifiers). The changes are intended to 

add a frequency bandwidth (2.7–3.2 

GHz) to each of the existing entries 

3A001.b.2, b.3 and b.4. The changes also 

aim at modernizing the control text over 

the entire controlled spectrum by 

replacing the current control parameter 

‘average power’ with ‘peak saturated 

power.’ 

A comma is added to Note 3 to 

paragraph 3A001.h to correct the 

punctuation. The addition of the comma 

makes the modifying phrase 

(incorporated into equipment designed 

for civil automobile, civil railway, or 

‘‘civil aircraft’’ applications) apply to all 

three nouns (switches, diodes, and 

modules). 

3A002 (General purpose electronic) 

ECCN 3A002 is amended by revising 

the Heading; revising License Exception 

GBS and CIV paragraphs; revising the 

introductory text to paragraph .a; 

removing and reserving paragraphs a.1 

through a.4; revising paragraph a.6; 

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45290 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

adding paragraph a.7; revising the 

introductory text to paragraph d.1.; and 

revising Technical Note 2 that appears 

after paragraph d.5. 

The Heading is amended by removing 

the phrase ‘‘and accessories therefor.’’ 

The only accessories enumerated in 

3A002 are test tapes in 3A002.a, which 

are test tapes for instruments described 

in 3A002.a.1 through 3A002.a.4. As 

3A002.a.1 through 3A002.a.4 are 

removed and reserved by this rule, the 

reference to ‘‘accessories’’ is no longer 

needed. 

Paragraphs 3A002.a.1 through a.4 are 

removed and reserved because magnetic 

instrumentation tape recorders are 

obsolete technology. The replacement 

technology is magnetic disk storage, for 

which instruments remain controlled in 

3A002.a.6. 

Paragraph 3A002.a.6 (Digital 

instrumentation data recorders) is 

revised to address a potential loophole 

for digital instrumentation recorders 

that do not digitize data but rather 

receive digitized data from external 

digitizers. 

This rule adds new entry 3A002.a.7 to 

control very high-speed oscilloscopes 

that are used to develop and test 

military radars, communications 

systems, and electronic warfare systems. 

The values used in this new control are 

intended to separate the highest 

performing oscilloscopes from those 

used for more routine commercial 

applications. Consequential changes are 

also made in the introductory text to 

3A002.a with the addition of ‘and 

oscilloscopes.’ 

Paragraph 3A002.d.1 is amended by 

replacing ‘‘pulses’’ with ‘‘pulsemodulated signals’’ to clarify that 

‘‘pulses’’ more accurately refers to 

signals that are pulse modulated. 

Technical Note 2 that appears after 

paragraph 3A002.d.5 is amended to 

introduce the industrial norm of ‘pulse 

duration’ and its measurement. 

3A982, 3D982 and 3E982 (Microwave or 

millimeter wave components) 

ECCNs 3A982 and associated software 

(3D982) and technology (3E982) are 

removed from the Commerce Control 

List (CCL). These ECCNs are removed 

because the microwave and millimeter 

wave components identified in this 

entry were discussed and agreed for 

inclusion in the WA 2013 Plenary 

updates to 3A001.b.2 and 3A001.b.3. 

Software ‘‘specially designed’’ for the 

development or production of 

equipment controlled by 3A001.b is 

controlled under ECCN 3D001. 

Technology for the development or 

production of 3A001.b is controlled 

under ECCN 3E001. Because the items 

of concern are now controlled in these 

new entries, the need for ECCNs 3A982, 

3D982 and 3E982 is eliminated. 

3A991 (Electronic devices, and 

‘‘components’’ not controlled by 3A001) 

ECCN 3A991 is amended by revising 

paragraph .d (field programmable logic 

devices) in the items paragraph of the 

List of Items Controlled section. The 

parameters are changed from ‘‘gate 

count’’ and ‘‘toggle frequency’’ to 

‘‘maximum number of single-ended 

digital input/outputs.’’ The control level 

is set at ‘‘200 or greater and less than 

500.’’ This is to align 3A991 parameters 

with 3A001.a.7.a parameters for these 

types of devices. 

3C005 (Silicon carbide (SiC), gallium 

nitride (GaN), aluminum nitride (AlN) 

. . .) is amended by adding 

‘‘semiconductor’’ to the Heading to 

clarify the scope of this entry, because 

the goods that should be controlled by 

this entry are substrates of 

semiconductor materials, which are 

generally referred to as wafers. 

3E002 (‘‘Technology’’ according to the 

General Technology Note other than 

that controlled in 3E001 for the 

‘‘development’’ or ‘‘production’’ of a 

‘‘microprocessor microcircuit,’’ ‘‘microcomputer microcircuit’’ and 

microcontroller microcircuit core, 

having an arithmetic logic unit with an 

access width of 32 bits or more and any 

of the following features or 

characteristics) 

ECCN 3E002.b is amended by 

replacing ‘‘two 64-bit or larger floatingpoint operation results per cycle’’ with 

‘‘four 64-bit or larger floating-point 

operation results per cycle’’ to update 

the control text to maintain control of 

leading edge technology and decontrol 

that technology no longer considered 

state-of-the-art. 

Category 4—Computers 

ECCN 4A003 (‘‘Digital computers,’’ 

‘‘electronic assemblies’’ and related 

equipment therefor) 

The AT license requirement 

paragraph is revised to update the 

Adjusted Peak Performance (APP) upper 

limit in the range in the cross reference 

to ECCN 4A994 from 3.0 Weighted 

TeraFLOPS (WT) to 8.0 WT to 

harmonize with the change to 4A003.b. 

The Congressional notification 

requirement set forth in subsections 

1211(d) and (e) of the National Defense 

Authorization Act (NDAA) for FY 1998 

(Pub. L. 105–85, November 18, 1997, 

111 Stat. 1932) provide that the 

President must submit a report to 

Congress 60 days before adjusting the 

composite theoretical performance level 

above which exports of digital 

computers to Tier 3 countries require a 

license. The President sent a report to 

Congress on July 1, 2014 that establishes 

and provides justification for the 8.0 WT 

control level using the APP formula. 

The APP in the Note in the License 

Requirements section is changed from 

3.0 WT to 8.0 WT to harmonize with the 

change to 4A003.b. This paragraph 

explains that no license is required for 

computers with an APP not exceeding 

8.0 WT and for electronic assemblies 

described in 4A003.c that are not 

capable of exceeding an APP exceeding 

8.0 WT in aggregation, except to 

destinations in Country Group E:1 of 

Supplement No. 1 to part 740. 

The APP in 4A003.b for digital 

computers is raised from 3.0 WT to 8.0 

WT, because multi-core processor 

technology has continued to advance 

rapidly as feature size shrinks. Most 

high-performance computer systems use 

processors with four, eight, or more 

cores as the compute engine, and each 

core also has greater double-precision 

floating point capabilities. 

4D001 (‘‘Software’’ for digital 

computers) 

List based License Exception TSR 

eligibility and License Exception STA 

conditions are amended by raising the 

APP from 0.5 WT to 1.0 WT to align 

with revision to 4D001 in the WA 

Sensitive List. The control parameter for 

software for digital computers is 

amended by raising the APP from 0.25 

to 0.60 WT in paragraph 4D001.b.1, in 

order to maintain control on leadingedge software for the development or 

production of digital computers. 

4E001 (‘‘Technology’’ for the 

development or production of digital 

computers) 

List based License Exception TSR 

eligibility and License Exception STA 

conditions are amended by raising the 

APP from 0.5 WT to 1.0 WT to align 

with revision to 4E001 in the WA 

Sensitive List. The control parameter for 

software for digital computers is 

amended by raising the APP from 0.25 

to 0.60 WT in paragraph 4E001.b.1, in 

order to maintain control on leadingedge technology for the development or 

production of digital computers. 

Category 5 Part 1— 

‘‘Telecommunications’’ 

5A001 (Telecommunications systems, 

equipment, ‘‘components’’ and 

‘‘accessories’’) 

A comma is added to 5A001.b.1.d to 

correct the punctuation and clarify the 

meaning of the sentence. 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45291 

In 5A001.b.5.b, the term ‘‘frequency 

switching time’’ is replaced by ‘‘channel 

switching time’’ and a Technical Note is 

added to define ‘channel switching 

time.’ The definition for ‘‘frequency 

switching time’’ had been crafted for the 

purposes of defining a signal generator’s 

characteristics more so than a radio 

receiver’s. The change in term and 

definition will help clarify its 

interpretation for both signal generators 

specified under 3A002.d, as well as 

radio receivers specified by 5A001.b.5. 

5E001 (‘‘Technology’’) 

ECCN 5E001.d is amended to align 

with the revisions made to ECCN 

3A001.b. The changes are intended to 

add a frequency bandwidth (2.7–3.2 

GHz) to 5E001.d. The changes also 

modernize the control text over the 

entire controlled spectrum in 5E001.d 

by replacing the current control 

parameter ‘average power’ with ‘peak 

saturated power.’ 

Category 5 Part 2—‘‘Information 

Security’’ 

Category 5 Part 2 is amended by 

revising paragraph b of Note 3. 

‘Executable software’ is added to Note 3, 

as well as a Technical Note to define 

‘executable software’ as ‘‘ ‘‘software’’ in 

executable form, from an existing 

hardware component excluded from 

5A002 by the Cryptography Note.’’ A 

Note is also added after the Technical 

Note that states, ‘‘ ‘Executable software’ 

does not include complete binary 

images of the ‘‘software’’ running on an 

end-item.’’ Encryption is increasingly a 

commonplace functionality 

implemented by ‘mass market’ 

Information and Communications 

Technology (ICT) products. Moreover, 

cryptographic functionality is often 

implemented in ‘‘software,’’ with 

comparable capability found in 

hardware. This revision ensures that all 

such comparable components of ‘mass 

market’ products are given equal 

treatment under the Cryptography Note. 

Category 5 Part 2 is amended by 

moving the Technical Note at the end of 

Note 4 to after 5A002.a.1.a. The 

Technical Note states, ‘‘Parity bits are 

not included in the key length.’’ so that 

it now immediately follows the text to 

which it refers. Within Category 5 Part 

2, the topic of ‘parity bits’ is only 

relevant to how key lengths are 

calculated and considered, and 

5A002.a.1 is the only paragraph that 

involves key lengths. 

5A002 (‘‘Information security’’ systems, 

equipment ‘‘components’’ therefor). 

An editorial correction is made to 

paragraph (i) of the 5A002 decontrol 

note to remove ‘‘or’’ from the end of 

paragraph (i). ‘‘Or’’ is added to 

paragraph (j) of the 5A002 decontrol 

Note, because of the addition of 

paragraph (k). Paragraph (k) ‘‘mobile 

telecommunications Radio Access 

Network (RAN) equipment designed for 

civil use . . .’’ is added to the 5A002 

decontrol Note. Domestic small cells for 

use in the home offer 

telecommunications service providers a 

way to roll out their networks without 

the need to install expensive 

infrastructure. Using their customer’s 

Internet connections, they can backhaul 

data from their subscribers in the 

immediate vicinity of a small cell. These 

items are designed to be simple to 

install by anyone, and in many cases are 

mass market items. However, these 

items are not always marketed in a way 

that allows the application of Note 3 in 

Category 5 Part 2, because in some 

countries the sale of some small cells is 

restricted to privileged customers or 

high value individuals, and some have 

restrictions on where they may be used. 

This rule amends the Nota Bene after 

the introductory text of paragraph .a by 

adding the phrase, ‘‘, and for related 

decryption ‘‘software’’ and 

‘‘technology’’ see 7D005 and 7E001.’’ 

This is a consequential change to 

harmonize with the addition of ECCN 

7D005 ‘‘ ‘‘Software’’ specially designed 

to decrypt Global Navigation Satellite 

Systems (GNSS) ranging signals 

designed for government use’’ and 

related technology in ECCN 7E001, and 

to ensure that GNSS-related software 

and technology resides in Cat 7 only 

and is not spread across two Categories, 

which may be undesirable and cause 

confusion. 

Paragraph 3 in the Technical Note to 

5A001.a.1 is moved to the definition for 

‘‘cryptography’’ in § 772.1 of the EAR, 

because paragraph 3 applies directly 

and broadly to the definition of 

‘‘cryptography.’’ 

The Note to 5A002.a.1 is removed 

because it is redundant. 5A002.a.1 

controls the implementation of 

‘‘cryptography’’ utilizing ‘digital 

techniques’ regardless of what types of 

‘principles’ (i.e., whether ‘analog’ or 

otherwise) these ‘digital techniques’ are 

based on. 

The introductory text to paragraph a.9 

is amended by adding the phrase ‘‘or 

perform’’ to clarify the scope of the 

control. The whole text reads, 

‘‘Designed or modified to use or perform 

‘quantum cryptography.’’’ 

Category 6—Sensors and Lasers 

6A001 (Acoustic systems, equipment 

and components) 

Note 3 is added to the introductory 

paragraph a.1.c, in order to clarify that 

6A001.a.1.c applies to projectors or 

transducers designed and manufactured 

using either of two high performance 

transduction materials: 1) leadmagnesium-niobate/lead-titanate 

(Pb(Mg1/3Nb2/3)O3-PbTiO3, or PMN–PT), 

or 2) lead-indium-niobate/leadmagnesium-niobate/lead-titanate 

(Pb(In1/2Nb1/2)O3–Pb(Mg1/3Nb2/3)O3– 

PbTiO3, PIN–PMN–PT). These materials 

are currently being used in medical 

ultrasound applications, but are 

increasingly being used in high 

performance military and civil 

projectors and transducers. 

In the Technical Note below 

paragraph a.1.c.2, a single quotation 

mark is added to the beginning of the 

term ‘acoustic power density’ to add the 

missing single quotation mark. 

Paragraph a.1.e (Active individual 

sonars, ‘‘specially designed’’ or 

modified to detect, locate and 

automatically classify swimmers or 

divers) is amended by adding the phrase 

‘‘and ‘‘specially designed’’ transmitting 

and receiving acoustic arrays therefor,’’ 

in order to control critical components 

of such systems. 

Paragraph a.2.a.3.d (Lead-magnesiumniobate/lead-titanate (i.e., Pb(Mg1/

3Nb2/3)O3-PbTiO3, or PMN–PT) 

piezoelectric single crystals grown from 

solid solution) and paragraph a.2.a.3.e 

(Lead-indium-niobate/lead-magnesium 

niobate/lead-titanate (i.e., Pb(In1/2Nb1/ 

2)O3–Pb(Mg1/3Nb2/3)O3–PbTiO3, or 

PIN–PMN–PT) piezoelectric single 

crystals grown from solid solution) are 

added as parameters for hydrophone 

sensing elements, because PMN–PT and 

PIN–PMN–PT single crystals are a new 

generation of piezoelectric materials 

that exhibit superior piezoelectric 

properties over PZT ceramics. 

Hydrophones designed using PIN– 

PMN–PT have greater bandwidth and 

sensitivity, as well as lower self-noise. 

Paragraph a.2.b.8 (Accelerometerbased hydro-acoustic sensors specified 

by 6A001.a.2.g) is added as a parameter 

for towed acoustic hydrophone arrays 

because these sensors are useful for 

military applications. 

Paragraph a.2.e.3 (Incorporating 

accelerometer-based hydro-acoustic 

sensors specified by 6A001.a.2.g) is 

added as a parameter for bottom or baycable hydrophone arrays because these 

sensors are useful for military 

applications. Consequential editorial 

revisions are made to paragraphs a.2.e.1 

(removing an ‘‘or’’) and a.2.e.2.b (adding 

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an ‘‘or’’), because of the addition of 

paragraph a.2.e.3. 

Paragraph a.2.g (Accelerometer-based 

hydro-acoustic sensors) is added under 

passive marine acoustic systems, 

equipment, and specially designed 

components therefor, because these 

sensors are useful for military 

applications. A Note is included to 

clarify that 6A001.a.2.g does not apply 

to particle velocity sensors or 

geophones. Two Technical Notes are 

added to inform the reader that 

accelerometer-based hydro-acoustic 

sensors are also known as vector 

sensors, and to include a definition for 

the term ‘acceleration sensitivity,’ 

which is used in the parameters for 

these sensors. 

6A005 (‘‘Lasers,’’ ‘‘components’’ and 

optical equipment) 

In the NP License Requirement 

paragraph, the existing text is replaced 

with ‘‘NP applies to ‘‘lasers’’ that exceed 

the parameters of 6A205.’’ The License 

Requirement Note pertaining to NP 

controls is removed. 

References to 6A005.b.6.c.2 and 

6A005.b.6.c.2.b are changed to 

6A005.b.6.d.2 and 6A005.b.6.d.2.b in 

the License Exceptions GBS and CIV 

eligibility paragraphs. These are 

consequential changes due to the 

revisions in 6A005.b.6. 

References to 6A005.a.6.b.1 and 

6A005.b.6 are added after the definition 

for ‘wall-plug efficiency’ in the Related 

Definitions paragraph. The definition 

for ‘non-repetitive pulsed’ is added to 

the Related Definitions paragraph with 

references to where the term is used: 

Note 2 of 6A005 and 6A005.d.6. 

Note 2 at the beginning of the Items 

paragraph is revised by adding single 

quotes to the term ‘non-repetitieve 

pulsed’ and a Technical Note is added 

to Note 2 to define ‘non-repetitive 

pulsed’ to improve the understanding of 

Note 2. 

The Technical Note that defines ‘nonrepetitive pulsed’ is moved from 

6A005.d.6 to after Note 2, where it is 

first used in 6A005. The definition is 

also added to the Related Definitions 

paragraph, because it is used more than 

once in 6A005. 

Note 2 is added to 6A005.a.6.b to 

describe multiple transverse mode 

industrial ‘‘lasers’’ that are not 

controlled under 6A005.a.6.b. This Note 

includes a Technical Note to define 

‘brightness.’ 

The parameters in paragraph 

6A005.b.4, b.5, and b.6 are revised to 

reset the control level below the level 

for which military utility can be 

achieved for lasers with pulse durations 

less than 1 picosecond. Consequential 

changes are made to distinguish or 

move paragraphs that pertain to lasers 

with pulse durations equal to or 

exceeding 1 picosecond. Here is where 

they were located and where they move 

to: b.4.a to b.4.b.1; b.4.b to b.4.b.2; b.5.a 

to b.5.b; b.5.b to b.5.c; b.6.a to b.6.b; 

b.6.b to b.6.c; and b.6.c to b.6.d. 

Consequential changes within ECCN 

6A005 include: correcting references to 

these paragraphs that have moved in the 

NP paragraph of the License 

Requirements section, License 

Requirement paragraphs: (b) and (f), and 

License Exceptions GBS and CIV 

eligibility paragraphs. Consequential 

changes outside of ECCN 6A005 include 

revising the Related Controls Note 3 in 

ECCN 6A205 and the Heading of ECCN 

6E201 to correct references to these 

paragraphs that have moved. 

6A007 (Gravity meters (gravimeters) and 

gravity gradiometers) 

Paragraph 6A007.a is amended by 

removing ‘‘mgal’’ and adding in its place 

‘‘mGal’’ to correct the scientific 

abbreviation for microgal (one millionth 

of a gal). The gal, sometimes called 

galileo, (symbol Gal) is a unit of 

acceleration used extensively in the 

science of gravimetry. The gal is defined 

as 1 centimeter per second squared (1 

cm/s2). 

Paragraphs b.1 and b.2 are amended 

by removing ‘‘mgal’’ and adding in its 

place ‘‘mGal’’ to correct the scientific 

abbreviation for milligal (one 

thousandth of a gal). The gal, sometimes 

called galileo, (symbol Gal) is a unit of 

acceleration used extensively in the 

science of gravimetry. The gal is defined 

as 1 centimeter per second squared (1 

cm/s2). 

A Technical Note is added to 6A007.b 

to define ‘time-to-steady-state 

registration,’ which is used in 

6A007.b.2, to make the control text 

clearer and more effective. 

6A008 (Radar systems, equipment and 

assemblies, having any of the following 

(see List of Items Controlled section), 

and ‘‘specially designed’’ ‘‘components’’ 

therefor) 

Paragraph 6A008.k.2 is amended by 

adding the adjective ‘‘compressed’’ and 

by adding a Note to decontrol two 

dimensional ‘marine radar’ or ‘vessel 

traffic service’ radar from 6A008.k.2. 

Solid state devices, which apply ‘‘pulse 

compression,’’ are replacing magnetron 

devices as a component of marine radars 

and Vessel Traffic Safety (VTS) radars 

for safety navigation. This revision 

decontrols such radars for safety 

navigation incorporating solid state 

devices from 6A008.k.2. 

The Note to 6A008.l.1 is amended by 

revising the phase ‘‘marine or harbor 

radar’’ to read ‘marine radar,’ as well as 

adding single quotes around the term 

‘marine radar.’ 

The Note following the paragraph l.4 

is amended by revising the paragraph it 

applies to from 6A008.l.4 to 6A008.l, as 

well as changing the term ‘‘marine 

traffic control’’ to single quoted ‘vessel 

traffic services.’ 

Technical Notes are added to the end 

of the Items paragraph of 6A008 to 

define ‘marine radar’ and ‘vessel traffic 

service.’ 

6A205 (‘‘Lasers,’’ ‘‘laser’’ amplifiers and 

oscillators, other than those controlled 

by 6A005) ECCN 6A205 is amended by 

removing the reference to ‘‘6A005.b.6.b’’ 

and adding in its place ‘‘6A005.b.6.c’’ in 

paragraph (3) of the Related Controls 

paragraph of the List of Items Controlled 

section, to harmonize with revisions to 

6A005 in this rule. 

6B007 (Equipment to produce, align and 

calibrate land-based gravity meters with 

a static accuracy of better than 0.1 mgal) 

The Heading is amended by replacing 

‘‘mgal’’ with ‘‘mGal’’ to correct the 

scientific unit abbreviation for milligal 

(one thousandth of a gal). The gal, 

sometimes called galileo, (symbol Gal) 

is a unit of acceleration used extensively 

in the science of gravimetry. The gal is 

defined as 1 centimeter per second 

squared (1 cm/s2). 

6D001 (Software specially designed for 

the development or production of 

equipment controlled by 6A004, 6A005, 

6A008 or 6B008) 

This rule removes the Nuclear 

Proliferation (NP) license requirement 

paragraph from the License 

Requirements section of 6D001, because 

the Nuclear Suppliers Group (NSG) 

Annex does not list software controls for 

any of the equipment identified in the 

heading of 6D001. 

6E201 (Technology for ‘‘use’’ of 

specified equipment in Category 6) 

The Heading of ECCN 6E201 is 

amended by revising references to 

6A005 to harmonize with revisions to 

the items paragraph of 6A005 and the 

NP controls of 6A005 in this rule. In 

order to determine NP controls on 

6A005 commodities, you must analyze 

6A205 to determine if the commodities 

meet or exceed the parameters of 

commodities in 6A205. If the 6A005 

commodities meet or exceed the 

parameters of 6A205 commodities, then 

the 6A005 commodity is NP controlled. 

If the 6A005 commodity is NP 

controlled, then the ‘‘use’’ technology 

for it is classified in 6E201. 

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Category 7—Navigation and Avionics 

7A002 (Gyros or angular rate sensors, 

having any of the following (see List of 

Items Controlled section) and ‘‘specially 

designed’’ ‘‘components’’ therefor) 

The Note to 7A002.a.1.b in the Items 

paragraph is amended by replacing the 

single quotes with double quotes around 

the term ‘‘spinning mass gyros,’’ as the 

Technical Note below this Note that 

defined this term is deleted and the 

term is now defined in § 772.1 of the 

EAR. Terms used in multiple locations 

are generally not locally defined and 

indicated by single quotes, but are 

defined in § 772.1 of the EAR and are 

indicated with double quotes. 

Paragraph 7A002.a.2.a is amended by 

revising the ‘‘bias’’ ‘‘stability’’ from 

‘‘less (better) than 40 degrees per hour’’ 

to ‘‘less (better) than 4 degrees per 

hour.’’ Paragraph 7A002.a.2.b is 

amended by revising the ‘‘angle random 

walk’’ from ‘‘less (better) than or equal 

to 0.2 degree per square root hour’’ to 

‘‘less (better) than or equal to 0.1 degree 

per square root hour.’’ These changes 

are made in consideration of 

commercial and technological 

development in the area of MicroElectro-Mechanical Systems (MEMS). 

The Note to 7A002.a.2.b is amended by 

replacing the single quotes with double 

quotes around the term ‘‘spinning mass 

gyros.’’ 

7A003 (‘Inertial measurement 

equipment or systems’) 

The Heading is amended by using a 

more general phrase, ‘inertial 

measurement equipment or systems’ 

instead of ‘inertial systems’ to 

encompass the breadth of controlled 

products. The Heading establishes a 

‘‘having any of the following’’ structure 

regarding the functionalities that follow, 

which is intended to better 

accommodate multiple-output 

equipment. This new text is not 

intended to change the scope of the 

entry, but to better specify the inertial 

equipment to facilitate easier evaluation 

by licensing officers. 

‘‘Specially designed components’’ no 

longer appear in the Heading or in the 

List of Items Controlled section. 

‘‘Specially designed components’’ that 

should be controlled are specified in 

7A001 (Accelerometers) and 7A002 

(Gyros). 

The definition for the term ‘‘DataBased Referenced Navigation’’ 

(‘‘DBRN’’) Systems is removed from the 

Related Definitions paragraph, because 

this definition is moved to § 772.1. 

Defined terms that are used in multiple 

ECCNs are placed in § 772.1 and this 

term is used in 7A003, 7D003 and 

7E004. 

A new note (Note 1) has been added 

at the beginning of the Items paragraph 

in order to help readers better 

understand the scope of the entry. In 

addition to describing the basic 

functionality of these products, the new 

note also provides a list of the most 

commonly used product names. 

A Technical Note below 7A003.a 

explains how to assess the performance 

depending on the application that is 

typical for that system (air, land and sea 

platforms). There are different controls 

for different types of products and the 

Technical Note provides instructions on 

how to apply these controls, i.e., 

7A003.a.1, 7A003.a.2 and 7A003.a.3 

typically apply to ‘inertial measurement 

equipment or systems’ designed for 

‘‘aircraft,’’ vehicles, and vessels, 

respectively. Even though there is now 

a control specifically for navigation 

equipment for land vehicles, it is 

important to note that the control limit 

applied is not intended to control 

civilian car navigation equipment. 

Space qualified systems are now 

specified in 7A003.d because these are 

systems and not components specified 

by 7A002. Note the reference to 

‘‘spacecraft’’ is removed from the 

current text of 7A003.a, because inertial 

equipment for ‘‘spacecraft’’ does not 

provide position. 

7D003 (Other ‘‘software,’’ as specified) 

7D003.c (‘‘Source code’’ for integrated 

avionics or mission systems which 

combine sensor data and employ 

‘‘expert systems’’) is removed and 

reserved, because no mission 

management systems employing ‘‘expert 

systems’’ could be identified. The 

definition for ‘‘expert systems’’ is also 

removed from § 772.1 as a consequential 

change. The reference to 7D003.c is 

removed from the STA paragraph in the 

Special Conditions for STA section as 

well. 

7D004 (‘‘Source code’’ incorporating 

‘‘development’’ ‘‘technology’’ specified 

by 7E004.a.1 to a.6 or 7E004.b.) 

The Heading for 7D004 is amended by 

revising the reference to ‘‘7E004.a’’ to 

read ‘‘7E004.a.1 to a.6’’ to specify only 

the technology relevant to flight control 

source code in 7D004. 

7D005 (‘‘Software’’ ‘‘specially designed’’ 

to decrypt Global Navigation Satellite 

Systems (GNSS) ranging signals 

designed for government use) 

ECCN 7D005 is added to close a 

loophole in the controls which are 

associated with the control of receivers 

for Global Navigation Satellite Systems 

(GNSS); there is no entry which 

explicitly includes the software which 

performs the data processing of the 

relevant signals. It also takes into 

account the fact that GNSS receivers 

making use of encrypted signals do not 

actually contain the decrypt algorithms 

and software. The new entry will 

capture the software of concern 

irrespective of whether it is intended to 

reside in a receiver or elsewhere, for 

example a secure server. This software 

is controlled for NS:1 and AT:1 reasons 

and will require a license to all 

destinations, except Canada. No listbased license exceptions are available 

for this ECCN; however, License 

Exception STA may be available, as well 

as transaction based license exceptions 

as outlined in Part 740 of the EAR. 

7E001 (‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment or 

‘‘software,’’ specified by 7.A., 7.B., 

7D001., 7D002., or 7D003, or 7D005) 

ECCN 7D005 is added to the Heading 

and the NS license requirement 

paragraph of 7E001 to control 

‘‘development’’ ‘‘software’’ specified in 

7D005 to close a loophole in the 

controls which are associated with the 

control of receivers for Global 

Navigation Satellite Systems (GNSS). 

This technology is controlled under 

NS:1 and AT:1 to all destinations, 

except Canada. No list-based license 

exceptions or License Exception STA 

are available for this ECCN. A Note is 

added to clarify that 7E001 includes key 

management ‘‘technology’’ exclusively 

for equipment specified in 7A005.a to 

capture development technology used to 

produce potentially controlled software, 

including the development of 

decryption algorithms. 

7E004 (Other ‘‘technology’’ as specified) 

ECCN 7E004 is amended by removing 

and reserving paragraph b.6 (Full 

authority digital flight control or 

multisensory mission management 

system, employing ‘‘expert systems’’) 

and removing the Nota Bene below it, 

because no such system could be 

identified. 

Category 8—Marine 

8A002 (Marine systems, equipment, 

‘‘parts’’ and ‘‘components,’’) 

Paragraph 8A002.i.2 in the Items 

paragraph of the List of Items Controlled 

section is amended by deleting the 

phrase ‘‘or by using a dedicated 

computer,’’ because it has been found 

that remotely controlled articulated 

manipulators specially designed or 

modified for use with submersible 

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45294 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

vehicles do not use a control method by 

a dedicated computer anymore, with the 

development of new technology. 

The Technical Note below 8A002.i.2 

is amended by adding the phrase 

‘‘related motion’’ to clarify the control 

and by removing the phrase ‘‘or by 

using a dedicated computer’’ for reasons 

stated in the previous paragraph. 

A Nota Bene is added below the Note 

that follows paragraph q.2 to reference 

8A620.f for equipment and devices 

‘‘specially designed’’ for military use. 

Category 9—Aerospace and Propulsion 

9A001 (Aero gas turbine engines) 

The Note to 9A001.a is revised to be 

Note 1, in order to add Note 2. 

Note 2 is added following 9A001.a to 

state that ‘‘9A001.a does not apply to 

aero gas turbine engines for Auxiliary 

Power Units (APUs) approved by the 

civil aviation authority in a Wassenaar 

Arrangement Participating State, see 

Supplement No. 1 to part 743 of the 

EAR.’’ 

Supplement No. 2 to Part 774 ‘‘General 

Technology and Software Notes’’ 

Supplement No. 2 to part 774 

‘‘General Technology and Software 

Notes’’ is amended by removing the 

phrase ‘‘operation, maintenance 

(checking), and repair’’ and adding in its 

place ‘‘operation, maintenance 

(checking), or repair’’ in the General 

Technology Note. This change is made 

to clarify that technology meeting any 

one of the aspects listed is controlled 

and does not have to meet all of the 

aspects to be controlled. 

Supplement No. 5 to Part 774 ‘‘Items 

Classified Under ECCNS 0A521, 0B521, 

0C521, 0D521 and 0E521’’ 

Supplement No. 5 to part 774 ‘‘Items 

Classified Under ECCNS 0A521, 0B521, 

0C521, 0D521 and 0E521’’ is amended 

by extending the expiration date to June 

20, 2015 for 0D521 No. 2 and 0E521 No. 

6, which is ‘‘source code’’ for the 

‘‘development’’ of fly-by-wire control 

systems and specified ‘‘technology’’ for 

fly-by-wire control systems. The 

extension is justified because Wassenaar 

proposals are being negotiated to add 

this source code and technology to the 

WA List. 

Supplement No. 6 to Part 774 ‘‘Sensitive 

List’’ 

Paragraphs (4)(ii) 4D001and (4)(iii) 

4E001 are amended by revising the APP 

from 0.5 Weighted TeraFLOPS (WT) to 

1.0 WT. 

Paragraph (7)(iv) 7D003.c is removed 

and reserved to harmonize with the 

removal of this paragraph from the CCL. 

This rule redesignates paragraphs 

(7)(v) and (7)(vi) to read (7)(vi) and 

(7)(vii), and adds new paragraph (7)(v) 

‘‘7D004.a to .d and .g’’ to correct the 

oversight of dropping the Sensitive List 

entry when this software moved from 

7D003 to 7D004. 

Sec. 734.4 ‘‘De minimis US Content’’ 

Previously, foreign-made computers 

with an APP of 3.0 WT located in a 

foreign country are not eligible for the 

application of the de minimis rules 

when they contain U.S.-origin 

controlled semiconductors (other than 

memory circuits) classified under ECCN 

3A001 and are destined to a country in 

Computer Tier 3 of Section 740.7 of the 

EAR. This rule increases the APP 

parameter from 3.0 WT to 8.0 WT in 

§ 734.4(a) to harmonize with the 

revision made to ECCN 4A003. 

Supplement No. 1 to Part 738 

‘‘Commerce Country Chart’’ 

Mexico was added as a Wassenaar 

Participating State in 2011. It was added 

as an Australia Group member in 2013. 

In 2013, it was also added to the 

Nuclear Suppliers Group. Therefore, BIS 

has decided to remove the ‘‘X’’ for 

Mexico under columns NS:2 and RS:2. 

Sec. 740.13 License Exception TSU 

Section 740.13 is amended by 

replacing the phrase ‘‘operation, 

maintenance (checking), and repair’’ 

with ‘‘operation, maintenance 

(checking), or repair’’ in the second 

sentence of paragraph (a)(1). The same 

change was made to the General 

Software Note of the Wassenaar List, 

which is the Note License Exception 

TSU is based upon. Instead of meeting 

all of four of the listed characteristics 

(installation, operation, maintenance 

(checking), and repair), now the 

technology would only have to meet one 

of the four characteristics to be 

considered ‘‘operation technology.’’ 

Sec. 740.20 License Exception STA 

This rule removes and reserves 

paragraph (b)(2)(ix) that restricted the 

use of License Exception STA for 3A982 

(Microwave or millimeter wave 

components that operate at frequencies 

below those controlled by 3A001). This 

change is being made because ECCN 

3A982 is removed by this rule and 

because the microwave and millimeter 

wave components identified in that 

ECCN are now controlled under 

3A001.b.2 and 3A001.b.3. 

Section 743.2 ‘‘High Performance 

Computers: Post Shipment Verification 

Reporting’’ 

This section outlines special postshipment reporting requirements for the 

export of certain computers to 

destinations in Computer Tier 3 of 

License Exception APP (Section 740.7 of 

the EAR). The reporting requirement 

applies to high performance computers 

exported to a destination in Computer 

Tier 3, as well as to exports of 

commodities used to enhance 

computers previously exported or 

reexported to Computer Tier 3 

destinations, where the ‘‘APP is greater 

than 3.0 Weighted TeraFLOPS (WT). 

This rule increases that APP level from 

3.0 WT to 8.0 WT in accordance with 

the WA agreement to increase the APP 

in ECCN 4A003. 

Part 772 Definitions 

While the WA agreed to remove the 

definition for ‘‘angular position 

deviation’’ from the WA list definitions, 

BIS is not removing the term from 

§ 772.1 of the EAR, because this term is 

still used in 2B206.b.2 and .c. 

The definition for ‘‘cryptography’’ is 

amended by adding the phrase ‘‘‘secret 

parameters’ (e.g., crypto variables) and/ 

or associated key management,’’ as well 

as adding a Technical Note that defines 

‘secret parameters.’ The ‘secret 

parameter’ phrase and Technical Note 

were agreed upon by WA in 2012, but 

were inadvertently missed in the 

drafting of the implementation rule. 

These additions occurred in the context 

of establishing preventative measures 

for reverse engineering that is occurring 

during analysis of failures in integrated 

circuits. Also, the Technical Note in 

5A002.a that explains that 

‘‘cryptography’’ does not include 

‘‘fixed’’ data compression or coding 

techniques applies directly and broadly 

to the definition of ‘‘cryptography.’’ 

Accordingly, this Technical Note is 

moved into the definition of 

‘‘cryptography.’’ 

The definition for the term ‘‘DataBased Referenced Navigation’’ 

(‘‘DBRN’’) Systems is removed from the 

Related Definitions paragraph of 7A003 

and added to § 772.1, because defined 

terms that are used in multiple ECCNs 

are placed in § 772.1. This term is used 

in 7A003, 7D003 and 7E004. 

This rule removes the term ‘‘expert 

systems’’ from § 772.1 of the EAR, 

because the control list paragraphs 

where it was used are deleted by this 

rule (7D003.c and 7E004.b.6). See 

explanations for removal of these 

paragraphs in the respective ECCN 

preambles above. 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45295 

The term ‘‘frequency switching time’’ 

in § 772.1 of the EAR is amended by 

removing the phrase ‘‘(Cat 3 and 5)’’ and 

adding in its place ‘‘(Cat 3),’’ because in 

5A001.b.5.b, the term ‘‘frequency 

switching time’’ is replaced by ‘‘channel 

switching time.’’ For more explanation, 

see the preamble for 5A001 above. 

The definition for ‘‘measurement 

uncertainty’’ used in Category 2 is 

amended by removing one of the 

referenced standards ‘‘VDI/VDE 2617,’’ 

because the VDI/VDE 2617 standard was 

withdrawn in mid-2005 and may not be 

purchased by the public. It is not 

appropriate to reference a standard in 

the control list definitions that is no 

longer published. 

The term ‘‘space-qualified’’ is 

amended by removing the phrase ‘‘Cat 

3 and 6’’ and adding in its place ‘‘Cat 

3, 6, and 7,’’ because ‘‘space-qualified’’ 

systems are now specified in 7A003.d. 

This rule adds the term ‘‘spinning 

mass gyros’’ in alphabetic order to 

§ 772.1 of the EAR. This term is used in 

decontrol Notes to 7A002.a.1.b, a.2.b, 

and 7A003.d.2. Because it is used in 

multiple locations in the CCL, the 

Technical Notes that defined this term 

are removed and the definition is added 

to § 772.1 of the EAR. 

This rule adds the term ‘‘three 

dimensional integrated circuit’’ in 

alphabetic order to § 772.1 of the EAR. 

This term is added to Note 2 to 3A001.a 

to clarify that the controls in 3A001 

apply to these types of integrated 

circuits. 3D integrated circuit design is 

a recent approach to improving the 

functionality and performance of 

integrated circuits. 

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 

8, 2013, 78 FR 49107 (August 12, 2013) 

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 

August 4, 2014, 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 October 3, 

2014. Any such items not actually 

exported before midnight, on October 3, 

2014, 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 a ‘‘significant 

regulatory action,’’ 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, 

1401 Constitution Ave. 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 covered 

by this rule, implementation of this rule 

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 

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 

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45296 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

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 734 

Administrative practice and 

procedure, Exports, Inventions and 

patents, Research Science and 

technology. 

15 CFR Parts 738 and 772 

Exports. 

15 CFR Part 740 

Administrative practice and 

procedure, Exports, Reporting and 

recordkeeping requirements. 

15 CFR Part 743 

Administrative practice and 

procedure, Reporting and recordkeeping 

requirements. 

15 CFR Part 774 

Exports, Reporting and recordkeeping 

requirements. 

Accordingly, Parts 734, 738, 740, 743, 

772 and 774 of the Export 

Administration Regulations (15 CFR 

Parts 730–774) are amended as follows: 

PART 734 [AMENDED] 

■ 1. The authority citation for part 734 

continues to read as follows: 

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

U.S.C. 1701 et seq.; E.O. 12938, 59 FR 59099, 

3 CFR, 1994 Comp., p. 950; E.O. 13020, 61 

FR 54079, 3 CFR, 1996 Comp., p. 219; E.O. 

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

228; 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 8, 2013, 78 FR 49107 (August 12, 

2013); Notice of November 7, 2013, 78 FR 

67289 (November 12, 2013). 

§ 734.4 [Amended] 

■ 2. Section 734.4 is amended in 

paragraph (a)(1) by removing the phrase 

‘‘3.0 Weighted TeraFLOPS (WT)’’ and 

adding in its place ‘‘8.0 Weighted 

TeraFLOPS (WT)’’. 

PART 738 [AMENDED] 

■ 3. 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 8, 2013, 78 

FR 49107 (August 12, 2013). 

Supplement No. 1 to Part 738 

[Amended] 

■ 4. Supplement No. 1, the entry for 

Mexico is amended by removing the 

‘‘X’’ for columns NS:2 and RS:2. 

PART 740 [AMENDED] 

■ 5. 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 8, 2013, 78 

FR 49107 (August 12, 2013). 

§ 740.13 [Amended] 

■ 6. Section 740.13 is amended in the 

second sentence in paragraph (a)(1) by 

removing the phrase ‘‘operation, 

maintenance (checking), and repair’’ 

and adding in its place ‘‘operation, 

maintenance (checking), or repair’’. 

§ 740.20 [Amended] 

■ 7. Section 740.20 is amended by 

removing and reserving paragraph 

(b)(2)(ix). 

PART 743 [AMENDED] 

■ 8. The authority citation for part 743 

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; E.O. 13637 of 

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

2013); 78 FR 16129 ; Notice of August 8, 

2013, 78 FR 49107 (August 12, 2013). 

§ 743.2 [Amended] 

■ 9. Section 743.2 is amended in 

paragraph (b) by removing the phrase 

‘‘3.0 Weighted TeraFLOPS (WT)’’ and 

adding in its place ‘‘8.0 Weighted 

TeraFLOPS (WT)’’. 

PART 772 [AMENDED] 

■ 10. 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 

12, 2011, 76 FR 50661 (August 16, 2011). 

■ 11. Section 772.1 is amended by: 

■ a. Revising the term ‘‘Cryptography’’; 

■ b. Adding the term ‘‘Data-Based 

Referenced Navigation’’ (‘‘DBRN’’) 

Systems’’; 

■ c. Removing the term ‘‘Expert 

systems’’; 

■ d. Removing the phrase ‘‘(Cat 3 and 

5)’’ and adding in its place ‘‘(Cat 3)’’ in 

the term ‘‘Frequency switching time.’’; 

and 

■ e. Revising the term ‘‘Measurement 

uncertainty’’; 

■ f. Removing the phrase ‘‘Cat 3 and 6’’ 

and adding in its place ‘‘Cat 3, 6, and 

7’’ in the term ‘‘Space-qualified’’; and 

■ g. Adding the terms ‘‘Spinning mass 

gyros’’ and ‘‘Three dimensional 

integrated circuit’’ in alphabetic order,. 

The additions and revisions read as 

follows: 

§ 772.1 Definitions of terms as used in the 

Export Administration Regulations (EAR). 

* * * * * 

Cryptography. (Cat 5) The discipline 

that embodies principles, means and 

methods for the transformation of data 

in order to hide its information content, 

prevent its undetected modification or 

prevent its unauthorized use. 

‘‘Cryptography’’ is limited to the 

transformation of information using one 

or more ‘secret parameters’ (e.g., crypto 

variables) and/or associated key 

management. 

Note: ‘‘Cryptography’’ does not include 

‘‘fixed’’ data compression or coding 

techniques. 

Technical Note: ‘Secret parameter’: a 

constant or key kept from the knowledge of 

others or shared only within a group. 

* * * * * 

Data-Based Referenced Navigation 

(‘‘DBRN’’) Systems. (Cat 7) Systems 

which use various sources of previously 

measured geo-mapping data integrated 

to provide accurate navigation 

information under dynamic conditions. 

Data sources include bathymetric maps, 

stellar maps, gravity maps, magnetic 

maps or 3–D digital terrain maps. 

* * * * * 

Measurement uncertainty. (Cat 2) The 

characteristic parameter that specifies in 

what range around the output value the 

correct value of the measurable variable 

lies with a confidence level of 95%. It 

includes the uncorrected systematic 

deviations, the uncorrected backlash, 

and the random deviations (Ref.: ISO 

10360–2). 

* * * * * 

Spinning mass gyros. (Cat 7) 

‘‘Spinning mass gyros’’ are gyros which 

use a continually rotating mass to sense 

angular motion. 

* * * * * 

Three dimensional integrated circuit. 

(Cat 3) A collection of semiconductor 

die, integrated together, and having vias 

passing completely through at least one 

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die to establish interconnections 

between die. 

* * * * * 

PART 774 [AMENDED] 

■ 12. 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 12, 2011, 76 

FR 50661 (August 16, 2011). 

■ 13. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 0, 

ECCN 0A018 is amended by revising 

paragraph b., and adding a Note after 

paragraph b., 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 

* * * * * 

0A018 Items on the Wassenaar Munitions 

List (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. ‘‘Specially designed’’ components and 

parts for ammunition, except cartridge cases, 

powder bags, bullets, jackets, cores, shells, 

projectiles, boosters, fuses and components, 

primers, and other detonating devices and 

ammunition belting and linking machines 

(all of which are ‘‘subject to the ITAR.’’ (See 

22 CFR parts 120 through 130); 

Note: 0A018.b does not apply to 

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

or dummy ammunition as follows: 

a. Ammunition crimped without a 

projectile (blank star); 

b. Dummy ammunition with a pierced 

powder chamber; 

c. Other blank and dummy ammunition, 

not incorporating components designed for 

live ammunition. 

* * * * * 

■ 14. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1, 

ECCN 1A004 is amended by removing 

the Technical Note after the Note 

following the introductory text to 

paragraph a. of the items paragraph in 

the List of Items Controlled section and 

adding in its place the Technical Notes 

to read as follows: 

1A004 Protective and detection equipment 

and ‘‘components,’’ not ‘‘specially designed’’ 

for military use, as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

Technical Notes: For the purpose of 

1A004.a: 

1. Full face masks are also known as gas 

masks. 

2. Filter canisters include filter cartridges. 

* * * * * 

■ 15. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1, 

ECCN 1B001 is amended by revising 

paragraphs b. and g., and adding 

Technical Notes after both paragraphs b. 

and g., in the items paragraph of the List 

of Items Controlled section to read as 

follows: 

1B001 Equipment for the production or 

inspection of ‘‘composite’’ structures or 

laminates controlled by 1A002 or ‘‘fibrous or 

filamentary materials’’ controlled by 1C010, 

as follows (see List of Items Controlled), and 

‘‘specially designed’’ ‘‘components’’ and 

‘‘accessories’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. ‘Tape laying machines’, of which the 

motions for positioning and laying tape are 

coordinated and programmed in five or more 

‘primary servo positioning’ axes, ‘‘specially 

designed’’ for the manufacture of 

‘‘composite’’ airframe or missile structures; 

Technical Note: For the purposes of 

1B001.b, ‘tape-laying machines’ have the 

ability to lay one or more ‘filament bands’ 

limited to widths greater than 25 mm and 

less than or equal to 305 mm, and to cut and 

restart individual ‘filament band’ courses 

during the laying process. 

* * * * * 

g. Tow-placement machines, of which the 

motions for positioning and laying tows are 

coordinated and programmed in two or more 

‘primary servo positioning’ axes, ‘‘specially 

designed’’ for the manufacture of 

‘‘composite’’ airframe or missile structures. 

Technical Note to 1B001.g: For the 

purposes of 1B001.g, ‘tow-placement 

machines’ have the ability to place one or 

more ‘filament bands’ having widths less 

than or equal to 25 mm, and to cut and 

restart individual ‘filament band’ courses 

during the placement process. 

Technical Notes for 1B001: 

1. For the purpose of 1B001, ‘primary servo 

positioning’ axes control, under computer 

program direction, the position of the end 

effector (i.e., head) in space relative to the 

work piece at the correct orientation and 

direction to achieve the desired process. 

2. For the purposes of 1B001, a ‘filament 

band’ is a single continuous width of fully or 

partially resin-impregnated tape, tow or fiber. 

■ 16. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1, 

ECCN 1C008 is amended by revising 

paragraphs a.3. and f., and removing the 

Technical Note and adding two 

Technical Notes in its place, in the 

Items paragraph of the List of Items 

Controlled section to read as follows: 

1C008 Non-fluorinated polymeric 

substances as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.3. Aromatic polyimides having a ‘glass 

transition temperature (Tg)’ exceeding 505 K 

(232° C); 

* * * * * 

f. Polybiphenylenethersulphone having a 

‘glass transition temperature (Tg)’ exceeding 

563 K (290° C). 

Technical Notes: 

1. The ‘glass transition temperature (Tg)’ 

for 1C008.a.2 thermoplastic materials and 

1C008.a.4 materials is determined using the 

method described in ISO 11357–2 (1999) or 

national equivalents 

2. The ‘glass transition temperature (Tg)’ 

for 1C008.a.2 thermosetting materials and 

1C008.a.3 materials is determined using the 

3-point bend method described in ASTM D 

7028–07 or equivalent national standard. The 

test is to be performed using a dry test 

specimen which has attained a minimum of 

90% degree of cure as specified by ASTM E 

2160–04 or equivalent national standard, and 

was cured using the combination of 

standard- and post-cure processes that yield 

the highest Tg. 

■ 17. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 1, 

ECCN 1C010 is amended by: 

■ a. Removing the Technical Note after 

the Note in paragraph b.2 in the Items 

paragraph of the List of Items Controlled 

section; 

■ b. Adding Technical Notes after the 

Note following paragraph c.2. in the 

Items paragraph of the List of Items 

Controlled section; and 

■ c. Adding a comma after the word 

‘‘pitch’’ in paragraph e.2.a. 

The additions read as follows: 

1C010 ‘‘Fibrous or filamentary materials’’ 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

c. * * * 

c.2. * * * 

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45298 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

Note: * * * 

Technical Notes: 

1. For the purpose of calculating ‘‘specific 

tensile strength’’, ‘‘specific modulus’’ or 

specific weight of ‘‘fibrous or filamentary 

materials’’ in 1C010.a, 1C010.b or 1C010.c, 

the tensile strength and modulus should be 

determined by using Method A described in 

ISO 10618 (2004) or national equivalents. 

2. Assessing the ‘‘specific tensile strength’’, 

‘‘specific modulus’’ or specific weight of nonunidirectional ‘‘fibrous or filamentary 

materials’’ (e.g., fabrics, random mats or 

braids) in 1C010 is to be based on the 

mechanical properties of the constituent 

unidirectional monofilaments (e.g., 

monofilaments, yarns, rovings or tows) prior 

to processing into the non-unidirectional 

‘‘fibrous or filamentary materials’’. 

* * * * * 

■ 18. In Supplement No. 1 to part 774, 

Category 1, Annex to Category 1 ‘‘List of 

Explosives’’ is amended by: 

■ a. Revising paragraphs 32.d and 43; 

■ b. Removing and reserving paragraph 

34; and 

■ c. Adding paragraphs 44 through 48. 

The revisions and additions read as 

follows: 

ANNEX to Category 1 

List of Explosives (See ECCNs 1A004 and 

1A008) 

* * * * * 

32. * * * 

d. BDNTA ((bis dinitrotriazole)amine); 

* * * * * 

43. Nitroguanidine (NQ) (CAS 556–88–7); 

44. DNAN (2,4-dinitroanisole) (CAS 119– 

27–7); 

45. TEX (4,10-Dinitro-2,6,8,12-tetraoxa4,10-diazaisowurtzitane); 

46. GUDN (Guanylurea dinitramide) FOX– 

12 (CAS 217464–38–5); 

47. Tetrazines as follows: 

a. BTAT (Bis(2,2,2-trinitroethyl)-3,6- 

diaminotetrazine); 

b. LAX–112 (3,6-diamino-1,2,4,5-tetrazine1,4-dioxide); 

48. Energetic ionic materials melting 

between 343 K (70° C) and 373 K (100° C) and 

with detonation velocity exceeding 6,800 m/ 

s or detonation pressure exceeding 18 GPa 

(180 kbar). 

■ 19. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

Product Group B, ‘‘Technical Notes for 

2B001 to 2B009, 2B201, 2B290 and 

2B991 to 2B999’’ is amended by revising 

paragraph f. of the Note to paragraph 5, 

to read as follows: 

B. TEST, INSPECTION AND ‘‘PRODUCTION 

EQUIPMENT’’ 

Technical Notes for 2B001 to 2B009, 

2B201, 2B290 and 2B991 to 2B999: 

* * * * * 

5. * * * 

Note to paragraph 5: * * * 

f. If any axis of a machine model not 

controlled by 2B001.a. to 2B001.c. has a 

stated accuracy A ̄ equal to or less than the 

specified positioning accuracy of each 

machine tool model plus 2 mm, the builder 

should be required to reaffirm the accuracy 

level once every eighteen months. 

* * * * * 

■ 20. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2B006 is amended by revising 

paragraphs b.1.b. through b.1.b.2., 

b.1.c.2.b., and the introductory text of 

paragraph b.2., and by adding a 

Technical Note after b.1.b.2. 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. * * * 

b.1. * * * 

b.1.b. Linear Variable Differential 

Transformer (LVDT) systems having all of the 

following: 

b.1.b.1. ‘‘’’Having any of the following: 

b.1.b.1.a. ‘‘Linearity’’ equal to or less 

(better) than 0.1% measured from 0 to the 

‘full operating range’, for LVDTs with a ‘full 

operating range’ up to and including ± 5 mm; 

or 

b.1.b.1.b. ‘‘Linearity’’ equal to or less 

(better) than 0.1% measured from 0 to 5 mm 

for LVDTs with a ‘full operating range’ 

greater than ± 5 mm; and 

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

0.1% per day at a standard ambient test room 

temperature ± 1 K; 

Technical Note: For the purposes of 

2B006.b.1.b, ‘full operating range’ is half of 

the total possible linear displacement of the 

LVDT. For example, LVDTs with a ‘full 

operating range’ up to and including ± 5 mm 

can measure a total possible linear 

displacement of 10 mm. 

b.1.c. * * * 

b.1.c.2. * * * 

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

‘‘measurement uncertainty’’ equal to or less 

(better) than (0.2 + L/2,000) mm (L is the 

measured length in mm) at any point within 

a measuring range, when compensated for 

the refractive index of air; or 

* * * * * 

b.2. Angular displacement measuring 

instruments having an angular position 

‘‘accuracy’’ equal to or less (better) than 

0.00025°; 

* * * * * 

■ 21. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 2, 

ECCN 2D002 is amended by revising the 

items paragraph in 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 items 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, 

items not specified by Category 2. 

The list of items controlled is contained in 

the ECCN heading. 

■ 22. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3A001 is amended by: 

■ a. Removing Related Control Notes (3) 

and (4) in the List of Items Controlled 

section; 

■ b. Revising Note 2 to paragraph a. in 

the Items paragraph of the List of Items 

Controlled section; 

■ c. Revising paragraphs a.5.a.1. and 

a.7.b. in the Items paragraph of the List 

of Items Controlled section; 

■ d. Adding a Technical Note after the 

introductory text to paragraph b. in the 

Items paragraph of the List of Items 

Controlled section; 

■ e. Revising paragraphs b.2., b.3., and 

b.4.; and 

■ f. Revising Note 3 to paragraph h. in 

the Items paragraph of the List of Items 

Controlled section. 

The revisions and additions read as 

follows: 

3A001 Electronic components and 

‘‘specially designed’’ ‘‘components’’ therefor, 

as follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

Note 2: Integrated circuits include the 

following types: 

—Monolithic integrated circuits; 

—Hybrid integrated circuits; 

—Multichip integrated circuits; 

—Film type integrated circuits, including 

silicon-on-sapphire integrated circuits; 

—Optical integrated circuits; 

—‘‘Three dimensional integrated 

circuits’’.n 

* * * * * 

a.5. * * * 

a.5.a. * * * 

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a.5.a.1. A resolution of 8 bit or more, but 

less than 10 bit, with an output rate greater 

than 1 billion words per second; 

* * * * * 

a.7. * * * 

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

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

* * * * * 

b. * * * 

Technical Note: For purposes of 3A001.b, 

the parameter peak saturated power output 

may also be referred to on product data 

sheets as output power, saturated power 

output, maximum power output, peak power 

output, or peak envelope power output. 

* * * * * 

b.2. Microwave ‘‘Monolithic Integrated 

Circuits’’ (MMIC) power amplifiers that are 

any of the following: 

b.2.a. Rated for operation at frequencies 

exceeding 2.7 GHz up to and including 6.8 

GHz with a ‘‘fractional bandwidth’’ greater 

than 15%, and having any of the following: 

b.2.a.1. A peak saturated power output 

greater than 75 W (48.75 dBm) at any 

frequency exceeding 2.7 GHz up to and 

including 2.9 GHz; 

b.2.a.2. A peak saturated power output 

greater than 55 W (47.4 dBm) at any 

frequency exceeding 2.9 GHz up to and 

including 3.2 GHz; 

b.2.a.3. A peak saturated power output 

greater than 40 W (46 dBm) at any frequency 

exceeding 3.2 GHz up to and including 3.7 

GHz; or 

b.2.a.4. A peak saturated power output 

greater than 20 W (43 dBm) at any frequency 

exceeding 3.7 GHz up to and including 6.8 

GHz; 

b.2.b. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 16 

GHz with a ‘‘fractional bandwidth’’ greater 

than 10%, and having any of the following: 

b.2.b.1. A peak saturated power output 

greater than 10 W (40 dBm) at any frequency 

exceeding 6.8 GHz up to and including 8.5 

GHz; or 

b.2.b.2. A peak saturated power output 

greater than 5 W (37 dBm) at any frequency 

exceeding 8.5 GHz up to and including 16 

GHz; 

b.2.c. Rated for operation with a peak 

saturated power output greater than 3 W 

(34.77 dBm) at any frequency exceeding 16 

GHz up to and including 31.8 GHz, and with 

a ‘‘fractional bandwidth’’ of greater than 

10%; 

b.2.d. Rated for operation with a peak 

saturated power output greater than 0.1n W 

(¥70 dBm) at any frequency exceeding 31.8 

GHz up to and including 37 GHz; 

b.2.e. Rated for operation with a peak 

saturated power output greater than 1 W (30 

dBm) at any frequency exceeding 37 GHz up 

to and including 43.5 GHz, and with a 

‘‘fractional bandwidth’’ of greater than 10%; 

b.2.f. Rated for operation with a peak 

saturated power output greater than 31.62 

mW (15 dBm) at any frequency exceeding 

43.5 GHz up to and including 75 GHz, and 

with a ‘‘fractional bandwidth’’ of greater than 

10%; 

b.2.g. Rated for operation with a peak 

saturated power output greater than 10 mW 

(10 dBm) at any frequency exceeding 75 GHz 

up to and including 90 GHz, and with a 

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

b.2.h. Rated for operation with a peak 

saturated power output greater than 0.1 nW 

(¥70 dBm) at any frequency exceeding 90 

GHz; 

Note 1: [RESERVED] 

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.h, is determined by the lowest 

peak saturated power output 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.3. Discrete microwave transistors that are 

any of the following: 

b.3.a. Rated for operation at frequencies 

exceeding 2.7 GHz up to and including 6.8 

GHz and having any of the following: 

b.3.a.1. A peak saturated power output 

greater than 400 W (56 dBm) at any 

frequency exceeding 2.7 GHz up to and 

including 2.9 GHz; 

b.3.a.2. A peak saturated power output 

greater than 205 W (53.12 dBm) at any 

frequency exceeding 2.9 GHz up to and 

including 3.2 GHz; 

b.3.a.3. A peak saturated power output 

greater than 115 W (50.61 dBm) at any 

frequency exceeding 3.2 GHz up to and 

including 3.7 GHz; or 

b.3.a.4. A peak saturated power output 

greater than 60 W (47.78 dBm) at any 

frequency exceeding 3.7 GHz up to and 

including 6.8 GHz; 

b.3.b. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 31.8 

GHz and having any of the following: 

b.3.b.1. A peak saturated power output 

greater than 50 W (47 dBm) at any frequency 

exceeding 6.8 GHz up to and including 8.5 

GHz; 

b.3.b.2. A peak saturated power output 

greater than 15 W (41.76 dBm) at any 

frequency exceeding 8.5 GHz up to and 

including 12 GHz; 

b.3.b.3. A peak saturated power output 

greater than 40 W (46 dBm) at any frequency 

exceeding 12 GHz up to and including 16 

GHz; or 

b.3.b.4. A peak saturated power output 

greater than 7 W (38.45 dBm) at any 

frequency exceeding 16 GHz up to and 

including 31.8 GHz; 

b.3.c. Rated for operation with a peak 

saturated power output greater than 0.5 W 

(27 dBm) at any frequency exceeding 31.8 

GHz up to and including 37 GHz; 

b.3.d. Rated for operation with a peak 

saturated power output greater than 1 W (30 

dBm) at any frequency exceeding 37 GHz up 

to and including 43.5 GHz; or 

b.3.e. Rated for operation with a peak 

saturated power output greater than 0.1 nW 

(¥70 dBm) at any frequency exceeding 43.5 

GHz; 

Note 1: The control status of a transistor, 

whose rated operating frequency includes 

frequencies listed in more than one frequency 

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

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

peak saturated power output control 

threshold. 

Note 2: 3A001.b.3 includes bare dice, dice 

mounted on carriers, or dice mounted in 

packages. Some discrete transistors may also 

be referred to as power amplifiers, but the 

status of these discrete transistors is 

determined by 3A001.b.3. 

b.4. Microwave solid state amplifiers and 

microwave assemblies/modules containing 

microwave solid state amplifiers, that are any 

of the following: 

b.4.a. Rated for operation at frequencies 

exceeding 2.7 GHz up to and including 6.8 

GHz with a ‘‘fractional bandwidth’’ greater 

than 15%, and having any of the following: 

b.4.a.1. A peak saturated power output 

greater than 500 W (57 dBm) at any 

frequency exceeding 2.7 GHz up to and 

including 2.9 GHz; 

b.4.a.2. A peak saturated power output 

greater than 270 W (54.3 dBm) at any 

frequency exceeding 2.9 GHz up to and 

including 3.2 GHz; 

b.4.a.3. A peak saturated power output 

greater than 200 W (53 dBm) at any 

frequency exceeding 3.2 GHz up to and 

including 3.7 GHz; or 

b.4.a.4. A peak saturated power output 

greater than 90 W (49.54 dBm) at any 

frequency exceeding 3.7 GHz up to and 

including 6.8 GHz; 

b.4.b. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 31.8 

GHz with a ‘‘fractional bandwidth’’ greater 

than 10%, and having any of the following: 

b.4.b.1. A peak saturated power output 

greater than 70 W (48.54 dBm) at any 

frequency exceeding 6.8 GHz up to and 

including 8.5 GHz; 

b.4.b.2. A peak saturated power output 

greater than 50 W (47 dBm) at any frequency 

exceeding 8.5 GHz up to and including 12 

GHz; 

b.4.b.3. A peak saturated power output 

greater than 30 W (44.77 dBm) at any 

frequency exceeding 12 GHz up to and 

including 16 GHz; or 

b.4.b.4. A peak saturated power output 

greater than 20 W (43 dBm) at any frequency 

exceeding 16 GHz up to and including 31.8 

GHz; 

b.4.c. Rated for operation with a peak 

saturated power output greater than 0.5 W 

(27 dBm) at any frequency exceeding 31.8 

GHz up to and including 37 GHz; 

b.4.d. Rated for operation with a peak 

saturated power output greater than 2 W (33 

dBm) at any frequency exceeding 37 GHz up 

to and including 43.5 GHz, and with a 

‘‘fractional bandwidth’’ of greater than 10%; 

b.4.e. Rated for operation at frequencies 

exceeding 43.5 GHz and having any of the 

following: 

b.4.e.1. A peak saturated power output 

greater than 0.2 W (23 dBm) at any frequency 

exceeding 43.5 GHz up to and including 75 

GHz, and with a ‘‘fractional bandwidth’’ of 

greater than 10%; 

b.4.e.2. A peak saturated power output 

greater than 20 mW (13 dBm) at any 

frequency exceeding 75 GHz up to and 

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45300 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

including 90 GHz, and with a ‘‘fractional 

bandwidth’’ of greater than 5%; or 

b.4.e.3. A peak saturated power output 

greater than 0.1 nW (¥70 dBm) at any 

frequency exceeding 90 GHz; or 

b.4.f. Rated for operation at frequencies 

above 2.7 GHz and all of the following: 

b.4.f.1. A peak saturated power output (in 

watts), Psat, greater than 400 divided by the 

maximum operating frequency (in GHz) 

squared [Psat > 400 W*GHz2/fGHz2]; 

b.4.f.2. A ‘‘fractional bandwidth’’ of 5% or 

greater; and 

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: 2.7 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 2.7 GHz and below 

[d≤15cm*GHz/2.7 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 

peak saturated power output control 

threshold. 

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

receive modules and transmit modules. 

* * * * * 

h. * * * 

Note 3: 3A001.h. does not apply to 

switches, diodes, or ‘modules’, incorporated 

into equipment designed for civil automobile, 

civil railway, or ‘‘civil aircraft’’ applications. 

■ 23. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3A002 is amended by: 

■ a. Revising the heading; 

■ b. Revising License Exception GBS 

and CIV paragraphs; 

■ c. Revising the introductory text to 

paragraph a.; 

■ d. Removing and reserving paragraphs 

a.1. through a.4; 

■ e. Revising paragraph a.6; 

■ f. Adding paragraph a.7; 

■ g. Revising the introductory text to 

paragraph d.1.; and 

■ h. Revising Technical Note 2 that 

appears after paragraph d.5. 

The revisions and additions read as 

follows: 

3A002 General purpose electronic 

equipment, as follows (see List of Items 

Controlled). 

* * * * *. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

* * * * * 

GBS: N/A. 

CIV: N/A. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. Recording equipment and oscilloscopes, 

as follows: 

* * * * * 

a.6. Digital instrumentation data recorder 

systems using magnetic disk storage 

technique and having all of the following, 

and ‘‘specially designed’’ digital recorders 

therefor: 

a.6.a. Digitized instrumentation data rate 

equal to or more than 100 million samples 

per second and at a resolution of 8 bits or 

more; and 

a.6.b. A ‘continuous throughput’ of 1 Gbit/ 

s or more; 

Technical Note: Digital instrumentation 

data recorder systems can be configured 

either with a digitizer integrated within or 

outside the digital recorder. 

a.7. Real-time oscilloscopes having a 

vertical root-mean-square (rms) noise voltage 

of less than 2% of full-scale at the vertical 

scale setting that provides the lowest noise 

value for any input 3dB bandwidth of 60 GHz 

or greater per channel; 

Note: 3A002.a.7 does not apply to 

equivalent-time sampling oscilloscopes. 

* * * * * 

d. * * * 

d.1. Specified to generate pulse-modulated 

signals having all of the following, anywhere 

within the synthesized frequency range 

exceeding 31.8 GHz but not exceeding 75 

GHz: 

* * * * * 

d.5. * * * 

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 from 

the point on the leading edge that is 50% of 

the pulse amplitude to the point on the 

trailing edge that is 50% of the pulse 

amplitude. 

* * * * * 

■ 24. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCNs 3A982, 3D982 and 3E982 are 

removed. 

■ 25. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3A991 is amended by revising 

paragraph .d in the items paragraph of 

the List of Items Controlled section to 

read as follows: 

3A991 Electronic devices, and 

‘‘components’’ not controlled by 3A001. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

d. Field programmable logic devices 

having a maximum number of single-ended 

digital input/outputs of 200 or greater and 

less than 500; 

* * * * * 

■ 26. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3C005 is amended by revising the 

heading to read as follows: 

3C005 Silicon carbide (SiC), gallium 

nitride (GaN), aluminum nitride (AlN) or 

aluminum gallium nitride (AlGaN) 

semiconductor ‘‘substrates’’, or ingots, 

boules, or other preforms of those materials, 

having resistivities greater than 10,000 ohmcm at 20 ≥C. 

* * * * * 

■ 27. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 3, 

ECCN 3E002 is amended by revising 

paragraph b. in the Items paragraph of 

the List of Items Controlled section to 

read as follows: 

3E002 ‘‘Technology’’ according to the 

General Technology Note other than that 

controlled in 3E001 for the ‘‘development’’ 

or ‘‘production’’ of a ‘‘microprocessor 

microcircuit’’, ‘‘micro-computer 

microcircuit’’ and microcontroller 

microcircuit core, having an arithmetic logic 

unit with an access width of 32 bits or more 

and any of the following features or 

characteristics (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. Designed to perform more than four 64- 

bit or larger floating-point operation results 

per cycle; or 

* * * * * 

■ 28. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 4, 

ECCN 4A003 is amended by: 

■ a. Revising the AT paragraph in the 

License Requirements section; 

■ b. Revising the Note in the License 

Requirements section; and 

■ c. Revising paragraph b. in the Items 

paragraph of the List of Items Controlled 

section. 

The revisions read as follows: 

4A003 ‘‘Digital computers’’, ‘‘electronic 

assemblies’’, and related equipment therefor, 

as follows (see List of Items Controlled) and 

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

License Requirements 

* * * * * 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738) 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45301 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738) 

* * * * * 

AT applies to entire 

entry (refer to 

4A994 for controls 

on ‘‘digital computers’’ with a APP 

>0.0128 but ≤8.0 

WT).

AT Column 1. 

* * * * * 

* * * * * 

Note: For all destinations, except those 

countries in Country Group E:1 of 

Supplement No. 1 to part 740 of the EAR, no 

license is required (NLR) for computers with 

an ‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

not exceeding 8.0 Weighted TeraFLOPS (WT) 

and for ‘‘electronic assemblies’’ described in 

4A003.c that are not capable of exceeding an 

‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

exceeding 8.0 Weighted TeraFLOPS (WT) in 

aggregation, except certain transfers as set 

forth in § 746.3 (Iraq). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. ‘‘Digital computers’’ having an 

‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

exceeding 8.0 weighted TeraFLOPS (WT); 

* * * * * 

■ 29. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 4, 

ECCN 4D001 is amended by: 

■ a. Revising the TSR paragraph in the 

List Based License Exceptions section; 

■ b. Revising the Special Conditions for 

STA section; and 

■ c. Revising paragraph b.1. in the Items 

paragraph of the List of Items Controlled 

section. 

The revisions read as follows: 

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

Items Controlled). 

* * * * * 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

* * * * * 

TSR: Yes, except for ‘‘software’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities with an ‘‘Adjusted Peak 

Performance’’ (‘‘APP’’) exceeding 1.0 WT. 

* * * * * 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship or transmit ‘‘software’’ 

‘‘specially designed’’ for the 

‘‘development’’ or ‘‘production’’ of 

equipment specified by ECCN 4A001.a.2 or 

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

‘‘digital computers’’ having an ‘Adjusted 

Peak Performance’ (‘APP’) exceeding 1.0 

Weighted TeraFLOPS (WT) to any of the 

destinations listed in Country Group A:6 

(See Supplement No.1 to part 740 of the 

EAR). 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * *: 

b.1. ‘‘Digital computers’’ having an 

‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

exceeding 0.60 Weighted TeraFLOPS (WT); 

* * * * * 

■ 30. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 4, 

ECCN 4E001 is amended by: 

■ a. Revising the TSR paragraph in the 

List Based License Exceptions section; 

■ b. Revising the Special Conditions for 

STA section; and 

■ c. Revising paragraph b.1. in the Items 

paragraph of the List of Items Controlled 

section. 

The revisions read as follows: 

4E001 ‘‘Technology’’ as follows (see List of 

Items Controlled). 

* * * * * 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

* * * * * 

TSR: Yes, except for ‘‘technology’’ for the 

‘‘development’’ or ‘‘production’’ of 

commodities with an ‘‘Adjusted Peak 

Performance’’ (‘‘APP’’) exceeding 1.0 WT. 

* * * * * 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship or transmit ‘‘technology’’ 

according to the General Technology Note 

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

any of the following equipment or 

‘‘software’’: a. Equipment specified by 

ECCN 4A001.a.2; b. ‘‘Digital computers’’ 

having an ‘Adjusted Peak Performance’ 

(‘APP’) exceeding 1.0 Weighted TeraFLOPS 

(WT); or c. ‘‘software’’ specified in the 

License Exception STA paragraph found in 

the License Exception section of ECCN 

4D001 to any of the destinations listed in 

Country Group A:6 (See Supplement No. 1 

to part 740 of the EAR). 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.1. ‘‘Digital computers’’ having an 

‘‘Adjusted Peak Performance’’ (‘‘APP’’) 

exceeding 0.60 Weighted TeraFLOPS (WT); 

* * * * * 

■ 31. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5, 

Part 1, ECCN 5A001 is amended by: 

■ a. Revising paragraphs b.1.d. and 

b.5.b. in the Items paragraph of the List 

of Items Controlled section; and 

■ b. Adding a Technical Note after the 

Note following paragraph b.5.d. in the 

Items paragraph of the List of Items 

Controlled section. 

The revisions and addition read as 

follows: 

5A001 Telecommunications systems, 

equipment, ‘‘components’’ and 

‘‘accessories,’’ as follows (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.1 * * * 

b.1.d. Using ‘‘lasers’’ or light-emitting 

diodes (LEDs), with an output wavelength 

greater than 400 nm and less than 700 nm, 

in a ‘‘local area network’’; 

* * * * * 

b.5. * * * 

b.5.b. A ‘channel switching time’ of less 

than 1 ms; 

* * * * * 

b.5.d. * * * 

Note: * * * 

Technical Note: ‘Channel switching time’: 

the time (i.e., delay) to change from one 

receiving frequency to another, to arrive at or 

within ±0.05% of the final specified receiving 

frequency. Items having a specified frequency 

range of less than ±0.05% around their centre 

frequency are defined to be incapable of 

channel frequency switching. 

* * * * * 

■ 32. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5, 

Part 1, ECCN 5E001 is amended by 

removing paragraph d., including all 

subparagraphs, Notes, and Technical 

Notes, and adding in its place d., 

including all subparagraphs, Notes, and 

Technical Notes, in the Items paragraph 

of the List of Items Controlled section to 

read as follows: 

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

Items Controlled). 

* * * * * 

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 that are any of the following: 

Technical Note: For purposes of 5E001.d, 

the parameter peak saturated power output 

may also be referred to on product data 

sheets as output power, saturated power 

output, maximum power output, peak power 

output, or peak envelope power output. 

d.1. Rated for operation at frequencies 

exceeding 2.7 GHz up to and including 6.8 

GHz with a ‘‘fractional bandwidth’’ greater 

than 15%, and having any of the following: 

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45302 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

d.1.a. A peak saturated power output 

greater than 75 W (48.75 dBm) at any 

frequency exceeding 2.7 GHz up to and 

including 2.9 GHz; 

d.1.b. A peak saturated power output 

greater than 55 W (47.4 dBm) at any 

frequency exceeding 2.9 GHz up to and 

including 3.2 GHz; 

d.1.c. A peak saturated power output 

greater than 40 W (46 dBm) at any frequency 

exceeding 3.2 GHz up to and including 3.7 

GHz; or 

d.1.d. A peak saturated power output 

greater than 20 W (43 dBm) at any frequency 

exceeding 3.7 GHz up to and including 6.8 

GHz; 

d.2. Rated for operation at frequencies 

exceeding 6.8 GHz up to and including 16 

GHz with a ‘‘fractional bandwidth’’ greater 

than 10%, and having any of the following: 

d.2.a. A peak saturated power output 

greater than 10W (40 dBm) at any frequency 

exceeding 6.8 GHz up to and including 8.5 

GHz; or 

d.2.b. A peak saturated power output 

greater than 5W (37 dBm) at any frequency 

exceeding 8.5 GHz up to and including 16 

GHz; 

d.3. Rated for operation with a peak 

saturated power output greater than 3 W 

(34.77 dBm) at any frequency exceeding 16 

GHz up to and including 31.8 GHz, and with 

a ‘‘fractional bandwidth’’ of greater than 

10%; 

d.4. Rated for operation with a peak 

saturated power output greater than 0.1n W 

(¥70 dBm) at any frequency exceeding 31.8 

GHz up to and including 37 GHz; 

d.5. Rated for operation with a peak 

saturated power output greater than 1 W (30 

dBm) at any frequency exceeding 37 GHz up 

to and including 43.5 GHz, and with a 

‘‘fractional bandwidth’’ of greater than 10%; 

d.6. Rated for operation with a peak 

saturated power output greater than 31.62 

mW (15 dBm) at any frequency exceeding 

43.5 GHz up to and including 75 GHz, and 

with a ‘‘fractional bandwidth’’ of greater than 

10%; 

d.7. Rated for operation with a peak 

saturated power output greater than 10 mW 

(10 dBm) at any frequency exceeding 75 GHz 

up to and including 90 GHz, and with a 

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

d.8. Rated for operation with a peak 

saturated power output greater than 0.1 nW 

(¥70 dBm) at any frequency exceeding 90 

GHz; 

* * * * * 

■ 33. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5, 

Part 2 is amended by: 

■ a. Revising paragraph b. of Note 3 to 

read as follows; and 

■ b. Removing the Technical Note at the 

end of Note 4 that reads ‘‘Parity bits are 

not included in the key length.’’ 

The revision reads as follows: 

CATEGORY 5—TELECOMMUNICATIONS 

AND ‘‘INFORMATION SECURITY’’ 

* * * * * 

Part 2—‘‘INFORMATION SECURITY’’ 

* * * * * 

Note 3: * * * 

b. * * * 

3. The feature set of the component or 

‘executable software’ is fixed and is not 

designed or modified to customer 

specification; and 

* * * * * 

■ 34. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 5, 

Part 2, ECCN 5A002 is amended by: 

■ a. Revising paragraphs (i) and (j), and 

adding paragraph (k) to the Note at the 

beginning of the Items paragraph of the 

List of Items Controlled section; 

■ b. Revising the Nota Bena after the 

introductory text of paragraph a. in the 

Items paragraph of the List of Items 

Controlled section; 

■ c. Removing paragraph 3 in the 

Technical Note to 5A002.a.1. in the 

Items paragraph of the List of Items 

Controlled section; 

■ d. Removing the Note to 5A002.a.1. in 

the Items paragraph of the List of Items 

Controlled section; 

■ e. Adding a Technical Note after the 

introductory text of paragraph a.1.a. in 

the Items paragraph of the List of Items 

Controlled section; and 

■ f. Revising the introductory text to 

paragraph a.9. in the Items paragraph of 

the List of Items Controlled section. 

The revisions and addition read as 

follows: 

5A002 ‘‘Information security’’ systems, 

equipment ‘‘components’’ therefor, as 

follows (see List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

Note: * * * 

(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; 

(j) Equipment, having no functionality 

specified by 5A002.a.2, 5A002.a.4, 

5A002.a.7, or 5A002.a.8, where all 

cryptographic capability specified by 

5A002.a meets any of the following: 

1. It cannot be used; or 

2. It can only be made useable by means 

of ‘‘cryptographic activation’’; or 

N.B.: See 5A002.a for equipment that has 

undergone ‘‘cryptographic activation.’’ 

(k) Mobile telecommunications Radio 

Access Network (RAN) equipment designed 

for civil use, which also meet the provisions 

2. to 5. of part a. of the Cryptography Note 

(Note 3 in Category 5, Part 2), having an RF 

output power limited to 0.1W (20 dBm) or 

less, and supporting 16 or fewer concurrent 

users. 

a. * * * 

N.B.: For the control of Global Navigation 

Satellite Systems (GNSS) receiving 

equipment containing or employing 

decryption, see ECCN 7A005, and for 

related decryption ‘‘software’’ and 

‘‘technology’’ see 7D005 and 7E001. 

a.1. * * * 

a.1.a. * * * 

Technical Note: Parity bits are not 

included in the key length. 

* * * * * 

a.9. Designed or modified to use or perform 

‘quantum cryptography.’ 

* * * * * 

■ 35. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6, 

ECCN 6A001 is amended by: 

■ a. Adding Note 3 to the introductory 

paragraph a.1.c. in the Items paragraph 

of the List of Items Controlled section; 

■ b. Revising the Technical Note 

following a.1.c.2., the introductory text 

to paragraph a.1.e., a.2.a.3. through 

a.2.a.3.e., a.2.b.7., and a.2.e. through 

a.2.e.3.; 

■ c. Removing and reserving paragraph 

a.2.b.6. 

■ c. Adding paragraphs a.2.b.8 and 

a.2.g. through a.2.g.4., and one Note to 

6A001.a.2 and two Technical Notes 

following the Note to 6A001.a.2.g.; and 

■ d. Removing the Note after paragraph 

a.2.f. and adding it after new paragraph 

a.2.g.4. in the Items paragraph of the 

List of Items Controlled section. 

The revisions and additions 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.c. * * * 

Note: 

* * * * * 

3. Piezoelectric elements specified in 

6A001.a.1.c include those made from leadmagnesium-niobate/lead-titanate 

(Pb(Mg1/3Nb2/3)O3-PbTiO3, or PMN-PT) single 

crystals grown from solid solution or leadindium-niobate/lead-magnesium niobate/ 

lead-titanate (Pb(In1/2Nb1/2)O3- 

Pb(Mg1/3Nb2/3)O3-PbTiO3, or PIN-PMN-PT) 

single crystals grown from solid solution. 

* * * * * 

a.1.c.2. * * * 

Technical Note: ‘Acoustic power density’ 

is obtained by dividing the output acoustic 

power by the product of the area of the 

radiating surface and the frequency of 

operation. 

* * * * * 

a.1.e. Active individual sonars, ‘‘specially 

designed’’ or modified to detect, locate and 

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automatically classify swimmers or divers, 

having all of the following, and ‘‘specially 

designed’’ transmitting and receiving 

acoustic arrays therefor: 

* * * * * 

a.2. * * * 

a.2.a. * * * 

a.2.a.3. Having any of the following sensing 

elements: 

a.2.a.3.a. Optical fibers; 

a.2.a.3.b. ‘Piezoelectric polymer films’ 

other than polyvinylidene-fluoride (PVDF) 

and its co-polymers {P(VDF-TrFE) and 

P(VDF-TFE)}; 

a.2.a.3.c. ‘Flexible piezoelectric 

composites’; 

a.2.a.3.d. Lead-magnesium-niobate/leadtitanate (i.e., Pb(Mg1/3Nb2/3)O3-PbTiO3, or 

PMN-PT) piezoelectric single crystals grown 

from solid solution; or 

a.2.a.3.e. Lead-indium-niobate/leadmagnesium niobate/lead-titanate (i.e., 

Pb(In1/2Nb1/2)O3-Pb(Mg1/3Nb2/3)O3-PbTiO3, or 

PIN-PMN-PT) piezoelectric single crystals 

grown from solid solution; 

* * * * * 

a.2.b. * * * 

a.2.b.6. [RESERVED]; 

a.2.b.7. Hydrophone characteristics 

controlled by 6A001.a.2.a; or 

a.2.b.8. Accelerometer-based hydroacoustic sensors specified by 6A001.a.2.g; 

* * * * * 

a.2.e. Bottom or bay-cable hydrophone 

arrays having any of the following: 

a.2.e.1. Incorporating hydrophones 

controlled by 6A001.a.2.a; 

a.2.e.2. Incorporating multiplexed 

hydrophone group signal modules having all 

of the following characteristics: 

a.2.e.2.a. Designed to operate at depths 

exceeding 35 m or having an adjustable or 

removal depth sensing device in order to 

operate at depths exceeding 35 m; and 

a.2.e.2.b. Capable of being operationally 

interchanged with towed acoustic 

hydrophone array modules; or 

a.2.e.3. Incorporating accelerometer-based 

hydro-acoustic sensors specified by 

6A001.a.2.g; 

a.2.f. * * * 

a.2.g. Accelerometer-based hydro-acoustic 

sensors having all of the following: 

a.2.g.1. Composed of three accelerometers 

arranged along three distinct axes; 

a.2.g.2. Having an overall ‘acceleration 

sensitivity’ better than 48 dB (reference 1,000 

mV rms per 1g); 

a.2.g.3. Designed to operate at depths 

greater than 35 meters; and 

a.2.g.4. Operating frequency below 20 kHz; 

Note: 6A001.a.2.g does not apply to 

particle velocity sensors or geophones. 

Note: 6A001.a.2 also applies to receiving 

equipment, whether or not related in normal 

application to separate active equipment, 

and ‘‘specially designed’’ components 

therefor. 

Technical Notes: 

1. Accelerometer-based hydro-acoustic 

sensors are also known as vector sensors. 

2. ‘Acceleration sensitivity’ is defined as 

twenty times the logarithm to the base 10 of 

the ratio of rms output voltage to a 1 V rms 

reference, when the hydro-acoustic sensor, 

without a preamplifier, is placed in a plane 

wave acoustic field with an rms acceleration 

of 1 g (i.e., 9.81 m/s2). 

* * * * * 

■ 36. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6, 

ECCN 6A005 is amended by: 

■ a. Revising the NP paragraph in the 

License Requirement section; 

■ b. Removing the License 

Requirements Note; 

■ c. Revising License Exception 

paragraphs GBS and CIV in the List 

Based License Exception section; 

■ d. Revising the Related Definitions 

paragraph in the List of Items Controlled 

section; 

■ e. Revising Note 2 and adding a 

Technical Note after Note 2 at the 

beginning of the Items paragraph in the 

List of Items Controlled section; 

■ f. Revising the Note below paragraph 

a.6.b.2. to make it ‘‘Note 1’’ and adding 

Note 2 and a Technical Note; 

■ g. Removing paragraphs b.4., b.5., and 

b.6. and adding in place b.4., b.5., and 

.b.6.; and 

■ h. Removing the Note below 

paragraph d.6.b. 

The revisions read as follows: 

6A005 ‘‘Lasers,’’ ‘‘components’’ and optical 

equipment, as follows (see List of Items 

Controlled), excluding items that are subject 

to the export licensing authority of the 

Nuclear Regulatory Commission (see 10 CFR 

part 110). 

License Requirements 

Reason for Control: NS, NP, AT 

Control(s) Country Chart 

NS applies to entire 

entry.

NS Column 2. 

NP applies to ‘‘lasers’’ that meet or 

exceed the parameters of 6A205.

NP Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

LVS: N/A for NP items 

$3000 for all other items 

GBS: Neodymium-doped (other than glass) 

‘‘lasers’’ controlled by 6A005.b.6.d.2 

(except 6A005.b.6.d.2.b) that have an 

output wavelength exceeding 1,000 nm, 

but not exceeding 1,100 nm, and an 

average or CW output power not exceeding 

2kW, and operate in a pulse-excited, non- 

‘‘Q-switched’’ multiple-transverse mode, or 

in a continuously excited, multipletransverse mode; Dye and Liquid Lasers 

controlled by 6A005.c.1, c.2 and c.3, 

except for a pulsed single longitudinal 

mode oscillator having an average output 

power exceeding 1 W and a repetition rate 

exceeding 1 kHz if the ‘‘pulse duration’’ is 

less than 100 ns; CO ‘‘lasers’’ controlled by 

6A005.d.2 having a CW maximum rated 

single or multimode output power not 

exceeding 10 kW; CO2 or CO/CO2 ‘‘lasers’’ 

controlled by 6A005.d.3 having an output 

wavelength in the range from 9,000 to 

11,000 nm and having a pulsed output not 

exceeding 2 J per pulse and a maximum 

rated average single or multimode output 

power not exceeding 5 kW; CO2 ‘‘lasers’’ 

controlled by 6A005.d.3 that operate in CW 

multiple-transverse mode, and having a 

CW output power not exceeding 15kW; 

and 6A005.f.1. 

CIV: Neodymium-doped (other than glass) 

‘‘lasers’’ controlled by 6A005.b.6.d.2 

(except 6A005.b.6.d.2.b) that have an 

output wavelength exceeding 1,000 nm, 

but not exceeding 1,100 nm, and an 

average or CW output power not exceeding 

2kW, and operate in a pulse-excited, non- 

‘‘Q-switched’’ multiple-transverse mode, or 

in a continuously excited, multipletransverse mode; Dye and Liquid Lasers 

controlled by 6A005.c.1, c.2 and c.3, 

except for a pulsed single longitudinal 

mode oscillator having an average output 

power exceeding 1 W and a repetition rate 

exceeding 1 kHz if the ‘‘pulse duration’’ is 

less than 100 ns; CO ‘‘lasers’’ controlled by 

6A005.d.2 having a CW maximum rated 

single or multimode output power not 

exceeding 10 kW; CO2 or CO/CO2 ‘‘lasers’’ 

controlled by 6A005.d.3 having an output 

wavelength in the range from 9,000 to 

11,000 nm and having a pulsed output not 

exceeding 2 J per pulse and a maximum 

rated average single or multimode output 

power not exceeding 5 kW; CO2 ‘‘lasers’’ 

controlled by 6A005.d.3 that operate in CW 

multiple-transverse mode, and having a 

CW output power not exceeding 15kW; 

and 6A005.f.1. 

List of Items Controlled 

Related Controls: (1) See ECCN 6D001 for 

‘‘software’’ for items controlled under this 

entry. (2) See ECCNs 6E001 

(‘‘development’’), 6E002 (‘‘production’’), 

and 6E201 (‘‘use’’) for technology for items 

controlled under this entry. (3) Also see 

ECCNs 6A205 and 6A995. (4) See ECCN 

3B001 for excimer ‘‘lasers’’ ‘‘specially 

designed’’ for lithography equipment. (5) 

‘‘Lasers’’ ‘‘specially designed’’ or prepared 

for use in isotope separation are subject to 

the export licensing authority of the 

Nuclear Regulatory Commission (see 10 

CFR part 110). (6) Shared aperture optical 

elements, capable of operating in ‘‘superhigh power laser’’ applications, and 

‘‘lasers’’ specifically designed, modified, or 

configured for military application are 

‘‘subject to the ITAR’’ (see 22 CFR parts 

120 through 130). 

Related Definitions: (1) ‘Wall-plug efficiency’ 

is defined as the ratio of ‘‘laser’’ output 

power (or ‘‘average output power’’) to total 

electrical input power required to operate 

the ‘‘laser’’, including the power supply/

conditioning and thermal conditioning/

heat exchanger, see 6A005.a.6.b.1 and 

6A005.b.6; (2) ‘Non-repetitive pulsed’ 

refers to ‘‘lasers’’ that produce either a 

single output pulse or that have a time 

interval between pulses exceeding one 

minute, see Note 2 of 6A005 and 

6A005.d.6. 

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45304 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

Items: 

* * * * * 

Note 2: Excimer, semiconductor, chemical, 

CO, CO2, and ‘non-repetitive pulsed’ Nd:glass 

‘‘lasers’’ are only specified by 6A005.d. 

Technical Note: ‘Non-repetitive pulsed’ 

refers to ‘‘lasers’’ that produce either a single 

output pulse or that have a time interval 

between pulses exceeding one minute. 

* * * * * 

a. * * * 

a.6. * * * 

a.6.b. * * * 

a.6.b.2. * * * 

Note 1: 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. 

Note 2: 6A005.a.6.b does not apply to 

multiple transverse mode, industrial ‘‘lasers’’ 

having any of the following: 

a. Output power exceeding 500 W but not 

exceeding 1 kW and having all of the 

following: 

1. Beam Parameter Product (BPP) 

exceeding 0.7 mm•mrad; and 

2. ‘Brightness’ not exceeding 1024 

W/(mm•mrad);2

b. Output power exceeding 1 kW but not 

exceeding 1.6 kW and having a BPP 

exceeding 1.25 mm•mrad; 

c. Output power exceeding 1.6 kW but not 

exceeding 2.5 kW and having a BPP 

exceeding 1.7 mm•mrad; 

d. Output power exceeding 2.5 kW but not 

exceeding 3.3 kW and having a BPP 

exceeding 2.5 mm•mrad; 

e. Output power exceeding 3.3 kW but not 

exceeding 4 kW and having a BPP exceeding 

3.5 mm•mrad; 

f. Output power exceeding 4 kW but not 

exceeding 5 kW and having a BPP exceeding 

5 mm•mrad; 

g. Output power exceeding 5 kW but not 

exceeding 6 kW and having a BPP exceeding 

7.2 mm•mrad; 

h. Output power exceeding 6 kW but not 

exceeding 8 kW and having a BPP exceeding 

12 mm•mrad; or 

i. Output power exceeding 8 kW but not 

exceeding 10 kW and having a BPP 

exceeding 24 mm•mrad; 

Technical Note: For the purpose of 

6A005.a.6.b, Note 2.a., ‘brightness’ is defined 

as the output power of the ‘‘laser’’ divided by 

the squared Beam Parameter Product (BPP), 

i.e., (output power)/BPP2. 

* * * * * 

b. * * * 

b.4. Output wavelength exceeding 540 nm 

but not exceeding 800 nm and any of the 

following: 

b.4.a. ‘‘Pulse duration’’ less than 1 ps and 

any of the following: 

b.4.a.1. Output energy exceeding 0.005 J 

per pulse and ‘‘peak power’’ exceeding 5 GW; 

or 

b.4.a.2. ‘‘Average output power’’ exceeding 

20 W; or 

b.4.b. ‘‘Pulse duration’’ equal to or 

exceeding 1 ps and any of the following: 

b.4.b.1. Output energy exceeding 1.5 J per 

pulse and ‘‘peak power’’ exceeding 30 W; or 

b.4.b.2. ‘‘Average output power’’ exceeding 

30 W; 

b.5. Output wavelength exceeding 800 nm 

but not exceeding 975 nm and any of the 

following: 

b.5.a. ‘‘Pulse duration’’ less than 1ps and 

any of the following: 

b.5.a.1. Output energy exceeding 0.005 J 

per pulse and ‘‘peak power’’ exceeding 5 GW; 

or 

b.5.a.2. Single transverse mode output and 

‘‘average output power’’ exceeding 20 W; 

b.5.b. ‘‘Pulse duration’’ equal to or 

exceeding 1 ps and not exceeding 1 ms and 

any of the following: 

b.5.b.1. Output energy exceeding 0.5 J per 

pulse and ‘‘peak power’’ exceeding 50 W; 

b.5.b.2. Single transverse mode output and 

‘‘average output power’’ exceeding 20 W; or 

b.5.b.3. Multiple transverse mode output 

and ‘‘average output power’’ exceeding 50 W; 

or 

b.5.c. ‘‘Pulse duration’’ exceeding 1 ms and 

any of the following: 

b.5.c.1. Output energy exceeding 2 J per 

pulse and ‘‘peak power’’ exceeding 50 W; 

b.5.c.2. Single transverse mode output and 

‘‘average output power’’ exceeding 50 W; or 

b.5.c.3. Multiple transverse mode output 

and ‘‘average output power’’ exceeding 80 W. 

b.6. Output wavelength exceeding 975 nm 

but not exceeding 1,150 nm and any of the 

following: 

b.6.a. ‘‘Pulse duration’’ of less than 1 ps, 

and any of the following: 

b.6.a.1. Output ‘‘peak power’’ exceeding 2 

GW per pulse; 

b.6.a.2. ‘‘Average output power’’ exceeding 

10 W; or 

b.6.a.3. Output energy exceeding 0.002 J 

per pulse; 

b.6.b. ‘‘Pulse duration’’ equal to or 

exceeding 1 ps and less than 1 ns, and any 

of the following: 

b.6.b.1. Output ‘‘peak power’’ exceeding 5 

GW per pulse; 

b.6.b.2. ‘‘Average output power’’ exceeding 

10 W; or 

b.6.b.3. Output energy exceeding 0.1 J per 

pulse; 

b.6.c. ‘‘Pulse duration’’ equal to or 

exceeding 1 ns but not exceeding 1 ms and 

any of the following: 

b.6.c.1. Single transverse mode output and 

any of the following: 

b.6.c.1.a. ‘‘Peak power’’ exceeding 100 

MW; 

b.6.c.1.b. ‘‘Average output power’’ 

exceeding 20 W limited by design to a 

maximum pulse repetition frequency less 

than or equal to 1 kHz; 

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

12%, ‘‘average output power’’ exceeding 100 

W and capable of operating at a pulse 

repetition frequency greater than 1 kHz; 

b.6.c.1.d. ‘‘Average output power’’ 

exceeding 150 W and capable of operating at 

a pulse repetition frequency greater than 1 

kHz; or 

b.6.c.1.e. Output energy exceeding 2 J per 

pulse; or 

b.6.c.2. Multiple transverse mode output 

and any of the following: 

b.6.c.2.a. ‘‘Peak power’’ exceeding 400 

MW; 

b.6.c.2.b. ‘Wall-plug efficiency’ exceeding 

18% and ‘‘average output power’’ exceeding 

500 W; 

b.6.c.2.c. ‘‘Average output power’’ 

exceeding 2 kW; or 

b.6.c.2.d. Output energy exceeding 4 J per 

pulse; or 

b.6.d. ‘‘Pulse duration’’ exceeding 1 ms and 

any of the following: 

b.6.d.1. Single transverse mode output and 

any of the following: 

b.6.d.1.a. ‘‘Peak power’’ exceeding 500 kW; 

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

12% and ‘‘average output power’’ exceeding 

100 W; or 

b.6.d.1.c. ‘‘Average output power’’ 

exceeding 150 W; or 

b.6.d.2. Multiple transverse mode output 

and any of the following: 

b.6.d.2.a. ‘‘Peak power’’ exceeding 1 MW; 

b.6.d.2.b. ‘Wall-plug efficiency’ exceeding 

18% and ‘‘average output power’’ exceeding 

500 W; or 

b.6.d.2.c. ‘‘Average output power’’ 

exceeding 2 kW; 

* * * * * 

d. Other ‘‘lasers’’, not controlled by 

6A005.a., 6A005.b, or 6A005.c as follows: 

* * * * * 

■ 37. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6, 

ECCN 6A007 is amended by: 

■ a. Removing ‘‘mgal’’ and adding in its 

place ‘‘mGal’’ in paragraph 6A007.a; and 

■ b. Revising paragraphs b.1. and b.2. in 

the Items paragraph of the List of Items 

Controlled section. 

The revisions read as follows: 

6A007 Gravity Meters (Gravimeters) and 

Gravity Gradiometers, as Follows (see List of 

Items Controlled) 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

b. * * * 

b.1. A static accuracy of less (better) than 

0.7 mGal; and 

b.2. An in-service (operational) accuracy of 

less (better) than 0.7 mGal having a ‘time-tosteady-state registration’ of less than 2 

minutes under any combination of attendant 

corrective compensations and motional 

influences; 

* * * * * 

■ 38. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 6, 

ECCN 6A008 is amended by: 

■ a. Revising paragraph k.2., and adding 

a Note to 6A008.k, in the Items 

paragraph of the List of Items Controlled 

section; 

■ b. Revising the Note to 6A008.l.1. 

following paragraph l.1. in the Items 

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paragraph of the List of Items Controlled 

section; 

■ c. Revising the Note to 6A008.1 

following the Nota Bene after paragraph 

l.4; and 

■ d. Adding Technical Notes to the end 

of the Items paragraph of the List of 

Items Controlled section, to read as 

follows: 

6A008 Radar systems, equipment and 

assemblies, having any of the following (see 

List of Items Controlled), and ‘‘specially 

designed’’ ‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

k. * * * 

k.2. A compressed pulse width of less than 

200 ns; or 

Note: 6A008.k.2 does not apply to two 

dimensional ‘marine radar’ or ‘vessel traffic 

service’ radar, having all of the following: 

a. ‘‘Pulse compression’’ ratio not exceeding 

150; 

b. Compressed pulse width of greater than 

30 ns; 

c. Single and rotating mechanically 

scanned antenna; 

d. Peak output power not exceeding 250 W; 

and 

e. Not capable of ‘‘frequency hopping’’. 

l. * * * 

l.1. * * * 

Note: 6A008.l.1 does not control conflict 

alert capability in ATC systems, or ‘marine 

radar’. 

* * * * * 

l.4. * * * 

N.B.: * * * 

Note: 6A008.l does not apply to systems, 

equipment and assemblies designed for 

‘vessel traffic services’. 

Technical Notes: 

1. For the purposes of 6A008, ‘marine 

radar’ is a radar that is used to navigate 

safely at sea, inland waterways or near-shore 

environments. 

2. For the purposes of 6A008, ‘vessel traffic 

service’ is a vessel traffic monitoring and 

control service similar to air traffic control 

for aircraft. 

■ 39. ECCN 6A205 is amended by 

removing the reference to ‘‘6A005.b.6.b’’ 

and adding in its place ‘‘6A005.b.6.c’’ in 

paragraph (3) of the Related Controls 

paragraph of the List of Items Controlled 

section. 

■ 40. In Supplement No. 1 to part 774 

(the Commerce Control List, Category 6, 

ECCN 6B007, the heading is amended 

by removing ‘‘mgal’’ and adding in its 

place ‘‘mGal.’’ 

■ 41. In Supplement No. 1 to part 774 

(the Commerce Control List, Category 6, 

ECCN 6D001 is amended by removing 

‘‘NP’’ from the reason for control 

paragraph and the NP control paragraph 

in the License Requirements section. 

■ 42. ECCN 6E201 is amended by 

revising the heading to read as follows: 

6E201 ‘‘Technology’’ according to the 

General Technology Note for the ‘‘use’’ 

of equipment controlled by 6A003.a.2., 

6A003.a.3, 6A003.a.4; 6A005.a.2, 

6A005.b.2.b, 6A005.b.3, 6A005.b.4.b.2, 

6A005.b.6.c, 6A005.c.1.b, 6A005.c.2.b, 

6A005.d.2, 6A005.d.3.c, or 6A005.d.4.c 

(that meet or exceed the parameters of 

6A205); 6A202, 6A203, 6A205, 6A225 

or 6A226. 

* * * * * 

■ 43. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7, 

ECCN 7A002 is amended by: 

■ a. Revising the Note to 7A002.a.1.b in 

the Items paragraph of the List of Items 

Controlled section; 

■ b. Removing the Technical Note 

below the Note to 7A002.a.1.b in the 

Items paragraph of the List of Items 

Controlled section; and 

■ c. Revising paragraphs a.2.a. and 

a.2.b., and the Note to 7A002.a.2.b in 

the Items paragraph of the List of Items 

Controlled section. 

The revisions read as follows: 

7A002 Gyros or angular rate sensors, 

having any of the following (see List of Items 

Controlled) and ‘‘specially designed’’ 

‘‘components’’ therefor. 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

a.1. * * * 

a.1.b. * * * 

Note: 7A002.a.1.b does not control 

‘‘spinning mass gyros’’. 

a.2. * * * 

a.2.a. A ‘‘bias’’ ‘‘stability’’ of less (better) 

than 4 degrees per hour, when measured in 

a 1 g environment over a period of three 

minutes, and with respect to a fixed 

calibration value; or 

a.2.b. An ‘‘angle random walk’’ of less 

(better) than or equal to 0.1 degree per square 

root hour; or 

Note: 7A002.a.2.b does not apply to 

‘‘spinning mass gyros’’. 

* * * * * 

■ 44. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7, 

ECCN 7A003 is amended by: 

■ a. Revising the heading; 

■ b. Removing the text and adding in its 

place ‘‘N/A’’ in the Related Definitions 

paragraph of the List of Items Controlled 

section; and 

■ c. Revising the Items paragraph in the 

List of Items Controlled section. 

The revisions read as follows: 

7A003 ‘Inertial measurement equipment or 

systems’, having any of the following (see 

List of Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

Note 1: ‘Inertial measurement equipment 

or systems’ incorporate accelerometers or 

gyroscopes to measure changes in velocity 

and orientation in order to determine or 

maintain heading or position without 

requiring an external reference once aligned. 

‘Inertial measurement equipment or systems’ 

include: 

—Attitude and Heading Reference Systems 

(AHRSs); 

—Gyrocompasses; 

—Inertial Measurement Units (IMUs); 

—Inertial Navigation Systems (INSs); 

—Inertial Reference Systems (IRSs); 

—Inertial Reference Units (IRUs). 

Note 2: 7A003 does not apply to ‘inertial 

measurement equipment or systems’ which 

are certified for use on ‘‘civil aircraft’’ by civil 

authorities of a Wassenaar Arrangement 

Participating State, see Supplement No. 1 to 

part 743 of the EAR. 

Technical Notes: 

1. ‘Positional aiding references’ 

independently provide position, and include: 

a. Global Navigation Satellite Systems 

(GNSS); 

b.’’Data-Based Referenced Navigation’’ 

(‘‘DBRN’’). 

2. ‘Circular Error Probable’ (‘CEP’)—In a 

circular normal distribution, the radius of the 

circle containing 50% of the individual 

measurements being made, or the radius of 

the circle within which there is a 50% 

probability of being located. 

a. Designed for ‘‘aircraft’’, land vehicles or 

vessels, providing position without the use of 

‘positional aiding references’, and having any 

of the following accuracies subsequent to 

normal alignment: 

a.1. 0.8 nautical miles per hour (nm/hr) 

‘Circular Error Probable’ (‘CEP’) rate or less 

(better); 

a.2. 0.5% distanced travelled ‘CEP’ or less 

(better); or 

a.3. Total drift of 1 nautical mile ‘CEP’ or 

less (better) in a 24 hr period; 

Technical Note: The performance 

parameters in 7A003.a.1, 7A003.a.2 and 

7A003.a.3 typically apply to ‘inertia 

measurement equipment or systems’ 

designed for ‘‘aircraft’’, vehicles and vessels, 

respectively. These parameters result from 

the utilization of specialized non-positional 

aiding references (e.g., altimeter, odometer, 

velocity log). As a consequence, the specified 

performance values cannot be readily 

converted between these parameters. 

Equipment designed for multiple platforms 

are evaluated against each applicable entry 

7A003.a.1, 7A003.a.2, or 7A003.a.3. 

b. Designed for ‘‘aircraft’’, land vehicles or 

vessels, with an embedded ‘positional aiding 

reference’ and providing position after loss of 

all ‘positional aiding references’ for a period 

of up to 4 minutes, having an accuracy of less 

(better) than 10 meters ‘CEP’; 

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45306 Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 

Technical Note: 7A003.b refers to systems 

in which ‘inertial measurement equipment or 

systems’ and other independent ‘positional 

aiding references’ are built into a single unit 

(i.e., embedded) in order to achieve improved 

performance. 

c. Designed for ‘‘aircraft’’, land vehicles or 

vessels, providing heading or True North 

determination and having any of the 

following: 

c.1. A maximum operating angular rate less 

(lower) than 500 deg/s and a heading 

accuracy without the use of ‘positional aiding 

references’ equal to or less (better) than 0.07 

deg sec (Lat) (equivalent to 6 arc minutes rms 

at 45 degrees latitude); or 

c.2. A maximum operating angular rate 

equal to or greater (higher) than 500 deg/s 

and a heading accuracy without the use of 

‘positional aiding references’ equal to or less 

(better) than 0.2 deg sec (Lat) (equivalent to 

17 arc minutes rms at 45 degrees latitude); 

d. Providing acceleration measurements or 

angular rate measurements, in more than one 

dimension, and having any of the following: 

d.1. Performance specified by 7A001 or 

7A002 along any axis, without the use of any 

aiding references; or 

d.2. Being ‘‘space-qualified’’ and providing 

angular rate measurements having an ‘‘angle 

random walk’’ along any axis of less (better) 

than or equal to 0.1 degree per square root 

hour. 

Note: 7A003.d.2 does not apply to ‘inertial 

measurement equipment or systems’ that 

contain ‘‘spinning mass gyros’’ as the only 

type of gyro. 

■ 45. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7, 

ECCN 7D003 is amended by: 

■ a. Revising the Special Conditions for 

STA section; and 

■ b. Removing and reserving paragraph 

7D003.c. 

The revision reads as follows: 

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

of Items Controlled). 

* * * * * 

Special Conditions for STA 

STA: License Exception STA may not be 

used to ship or transmit software in 

7D003.a or .b to any of the destinations 

listed in Country Group A:6 (See 

Supplement No.1 to part 740 of the EAR). 

* * * * * 

■ 46. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7, 

ECCN 7D004 is amended by revising the 

heading to read as follows: 

7D004 ‘‘Source code’’ incorporating 

‘‘development’’ ‘‘technology’’ specified by 

7E004.a.1 to a.6 or 7E004.b, for any of the 

following: (see List of Items Controlled). 

* * * * * 

■ 47. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7 

is amended by adding ECCN 7D005 to 

read as follows: 

7D005 ‘‘Software’’ ‘‘specially designed’’ to 

decrypt Global Navigation Satellite Systems 

(GNSS) ranging signals designed for 

government use. 

License Requirements 

Reason for Control: NS, AT 

Control(s) 

Country Chart 

(see Supp. No. 

1 to part 738) 

NS applies to entire 

entry.

NS Column 1. 

AT applies to entire 

entry.

AT Column 1. 

List Based License Exceptions (See Part 740 

for a description of all license exceptions) 

CIV: N/A 

TSR: N/A 

List of Items Controlled 

Related Controls: N/A 

Related Definitions: N/A 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

■ 48. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7, 

ECCN 7E001 is amended by: 

■ a. Revising the heading; 

■ b. Revising the NS paragraph in the 

License Requirements section; and 

■ c. Adding a Note to the end of the 

Items paragraph of the List of Items 

Controlled section. 

The revisions and addtion to read as 

follows: 

7E001 ‘‘Technology’’ according to the 

General Technology Note for the 

‘‘development’’ of equipment or ‘‘software’’, 

specified by 7.A., 7.B., 7D001, 7D002, 7D003 

or 7D005. 

License Requirements 

* * * * * 

Control(s) 

Country chart 

(see Supp. No. 1 to 

part 738). 

NS applies to ‘‘technology’’ for items 

controlled by 

7A001 to 7A004, 

7A006, 7A008, 

7B001 to 7B003, 

7D001 to 7D005.

NS Column 1. 

* * * * * 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

The list of items controlled is contained in 

the ECCN heading. 

Note: 7E001 includes key management 

‘‘technology’’ exclusively for equipment 

specified in 7A005.a. 

■ 49. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 7, 

ECCN 7E004 is amended by removing 

and reserving paragraph b.6 and 

removing the Nota Bene below it. Note 

that 7E004.b remains. 

■ 50. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 8, 

ECCN 8A002 is amended by: 

■ a. Revising paragraph i.2 and the 

Technical Note below it in the Items 

paragraph of the List of Items 

Controlled; and 

■ b. Adding a Nota Bene below the Note 

that follows paragraph q.2 in the Items 

paragraph of the List of Items Controlled 

section. 

The revisions and addition read as 

follows: 

8A002 Marine systems, equipment, ‘‘parts’’ 

and ‘‘components,’’ as follows (see List of 

Items Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

* * * * * 

i. * * * 

i.2. Controlled by proportional masterslave techniques and having 5 degrees of 

‘freedom of movement’ or more; 

Technical Note: Only functions having 

proportionally related motion control using 

positional feedback are counted when 

determining the number of degrees of 

‘freedom of movement’. 

* * * * * 

q. * * * 

q.2. * * * 

Note: * * * 

N.B. For equipment and devices ‘‘specially 

designed’’ for military use see ECCN 

8A620.f. 

* * * * * 

■ 51. In Supplement No. 1 to Part 774 

(the Commerce Control List), Category 9, 

ECCN 9A001 is amended by revising the 

Note to 9A001.a to be Note 1 and adding 

Note 2 following 9A001.a in the Items 

paragraph of the List of Items Controlled 

section, to read as follows: 

9A001 Aero gas turbine engines having any 

of the following (see List of Items 

Controlled). 

* * * * * 

List of Items Controlled 

* * * * * 

Items: 

a. * * * 

Note 1: 9A001.a. does not control aero gas 

turbine engines which meet all of the 

following: 

a. Certified by the civil aviation authority 

in a country listed in Supplement No. 1 to 

Part 743; and 

b. Intended to power non-military manned 

aircraft for which any of the following has 

been issued by a Wassenaar Arrangement 

Participating State listed in Supplement No. 

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Federal Register / Vol. 79, No. 149 / Monday, August 4, 2014 / Rules and Regulations 45307 

1 to Part 743 for the aircraft with this specific 

engine type: 

b.1. A civil type certificate; or 

b.2. An equivalent document recognized by 

the International Civil Aviation Organization 

(ICAO). 

Note 2: 9A001.a does not apply to aero gas 

turbine engines for Auxiliary Power Units 

(APUs) approved by the civil aviation 

authority in a Wassenaar Arrangement 

Participating State (see Supplement No. 1 to 

part 743 of the EAR). 

* * * * * 

■ 52. Supplement No. 2 to part 774 

‘‘General Technology and Software 

Notes’’ is amended by removing the 

phrase ‘‘operation, maintenance 

(checking), and repair’’ and adding in its 

place ‘‘operation, maintenance 

(checking), or repair’’ in the General 

Technology Note. 

■ 53. Supplement No. 5 to part 774 

‘‘Items Classified Under ECCNS 0A521, 

0B521, 0C521, 0D521 and 0E521’’ is 

amended by removing the date ‘‘June 

20, 2014’’ and adding in its place ‘‘June 

20, 2015’’ from rows 0D521 No. 2 and 

0E521 No. 6 and under the column 

entitled ‘‘Date when the item will be 

designated EAR99, unless reclassified in 

another ECCN or the 0Y521 

classification is reissued.’’ 

■ 54. Supplement No. 6 to part 774 

‘‘Sensitive List’’ is amended by: 

■ a. Revising paragraphs (4)(ii) and (iii); 

■ b. Removing and reserving paragraph 

(7)(iv); 

■ c. Redesignating paragraphs (7)(v) and 

(vi) as paragraphs (7)(vi) and (vii); 

■ d. Adding new paragraph (7)(v). 

The revisions and addition read as 

follows: 

Supplement No. 6 to Part 774—Sensitive List 

* * * * * 

(4) * * * 

(ii) 4D001—’’Software’’ ‘‘specially 

designed’’ for the ‘‘development’’ or 

‘‘production’’ of equipment controlled under 

ECCN 4A001.a.2 or for the ‘‘development’’ or 

‘‘production’’ of ‘‘digital computers’’ having 

an ‘Adjusted Peak Performance’ (‘APP’) 

exceeding 1.0 Weighted TeraFLOPS (WT). 

(iii) 4E001— ‘‘Technology’’ according to 

the General Technology Note for the 

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

following equipment or ‘‘software’’: 

equipment controlled under ECCN 

4A001.a.2, ‘‘digital computers’’ having an 

‘Adjusted Peak Performance’ (‘APP’) 

exceeding 1.0 Weighted TeraFLOPS (WT), or 

‘‘software’’ controlled under the specific 

provisions of 4D001 described in this 

Supplement. 

* * * * * 

(7) * * * 

(v) 7D004.a to .d and .g. 

* * * * * 

Dated: July 25, 2014. 

Kevin J. Wolf, 

Assistant Secretary for Export 

Administration. 

[FR Doc. 2014–17975 Filed 8–1–14; 8:45 am] 

BILLING CODE 3510–33–P 

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